[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4708 Reported in House (RH)]

                                                 Union Calendar No. 389
107th CONGRESS
  2d Session
                                H. R. 4708

                          [Report No. 107-641]

To authorize the Secretary of the Interior to convey certain facilities 
              to the Fremont-Madison Irrigation District.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2002

Mr. Simpson (for himself and Mr. Otter) introduced the following bill; 
            which was referred to the Committee on Resources

                           September 5, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 9, 
                                 2002]

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of the Interior to convey certain facilities 
              to the Fremont-Madison Irrigation District.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fremont-Madison Conveyance Act''.

SEC. 2. CONVEYANCE OF FACILITIES.

    (a) Conveyance Requirement.--The Secretary of the Interior shall 
convey to the Fremont-Madison Irrigation District, Idaho, as soon as 
practicable after the date of enactment of this Act and in accordance 
with all applicable law and pursuant to the terms of the memorandum of 
agreement between the District and the Secretary (Contract No. 1425-01-
MA-10-3310). The Secretary shall include in the facilities conveyed 
under this section all right, title, and interest of the United States 
in and to the canals, laterals, drains, and other components of the 
water distribution and drainage system that is operated or maintained 
by the District for delivery of water to and drainage of water from 
lands within the boundaries of the District as they exist upon the date 
of enactment of this Act, consistent with section 7.
    (b) Report.--If the Secretary has not completed any conveyance 
required under this Act by September 13, 2003, the Secretary shall, by 
no later than that date, submit a report to the Congress explaining the 
reasons that conveyance has not been completed and stating the date by 
which the conveyance will be completed.

SEC. 3. COSTS.

    (a) In General.--The Secretary shall require, as a condition of the 
conveyance under section 2, that the District pay the administrative 
costs of the conveyance and related activities, including the costs of 
any review required under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) as described in Contract No. 1425-01-MA-10-
3310.
    (b) Value of Facilities To Be Transferred.--In addition to 
subsection (a) the Secretary shall also require, as condition of the 
conveyance under section 2, that the District pay to the United States 
the lesser of the net present value of the remaining obligations owed 
by the District to the United States with respect to the facilities 
conveyed, or $280,000. Amounts received by the United States under this 
subsection shall be deposited into the reclamation fund.

SEC. 4. TETON EXCHANGE WELLS.

    (a) Contracts and Permit.--In conveying the Teton Exchange Wells 
under section 2, the Secretary shall also convey to the District--
            (1) Idaho Department of Water Resources permit number 22-
        7022, including drilled wells under the permit, as described in 
        Contract No. 1425-01-MA-10-3310; and
            (2) all equipment appurtenant to such wells.
    (b) Extension of Water Service Contract.--The water service 
contract between the Secretary and the District (Contract No. 7-07-10-
W0179, dated September 16, 1977) is hereby extended and shall continue 
in full force and effect until all conditions described in this Act are 
fulfilled.

SEC. 5. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    Prior to conveyance the Secretary shall complete all actions as may 
be required under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).

SEC. 6. LIABILITY.

    Effective on the date of the conveyance of the facilities described 
in section 2, the United States shall not be held liable by any court 
for damages of any kind arising out of any act, omission, or occurrence 
relating to the conveyed facilities, except for damages caused by acts 
of negligence committed by the United States or by its employees, 
agents, or contractors prior to the date of conveyance. Nothing in this 
section may be deemed to increase the liability of the United States 
beyond that currently provided in chapter 171 of title 28, United 
States Code, popularly known as the Federal Tort Claims Act.

SEC. 7. WATER SUPPLY TO DISTRICT LANDS.

    The Secretary shall increase the number of acres within the 
District that are eligible to receive water from the Minidoka Project 
and the Teton Basin Projects to reflect the number of acres within the 
District as of the date of enactment of this Act, which includes lands 
annexed into the District prior to enactment of this Act as intended by 
the Teton Basin Project. This section does not in any way authorize the 
use of any additional Federal Reclamation project water beyond that 
which is currently authorized under their existing water storage 
contracts and as allowed by State water law.

SEC. 8. EXISTING RIGHTS NOT AFFECTED.

    Nothing in this Act affects the rights of any person except as 
provided in this Act. Any conveyance under this Act shall not affect or 
abrogate any provision of any contract executed by the United States or 
State law regarding any irrigation district's right to use water 
developed in the facilities conveyed.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) District.--The term ``District'' means the Fremont-
        Madison Irrigation District, an irrigation district organized 
        under the law of the State of Idaho.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.




                                                 Union Calendar No. 389

107th CONGRESS

  2d Session

                               H. R. 4708

                          [Report No. 107-641]

_______________________________________________________________________

                                 A BILL

To authorize the Secretary of the Interior to convey certain facilities 
              to the Fremont-Madison Irrigation District.

_______________________________________________________________________

                           September 5, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed