[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1148 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1148

To convey the Lower Yellowstone Irrigation Project, the Savage Unit of 
   the Pick-Sloan Missouri Basin Program, and the Intake Irrigation 
            Project to the appurtenant irrigation districts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2001

   Mr. Burns introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To convey the Lower Yellowstone Irrigation Project, the Savage Unit of 
   the Pick-Sloan Missouri Basin Program, and the Intake Irrigation 
            Project to the appurtenant irrigation districts.

    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 ``Lower Yellowstone Reclamation 
Projects Conveyance Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Intake irrigation district.--The term ``Intake 
        Irrigation District'' means the irrigation district by that 
        name that--
                    (A) is organized under the laws of the State of 
                Montana; and
                    (B) operates the Intake Project.
            (2) Intake project.--The term ``Intake Project'' means the 
        Federal irrigation feature authorized under the Act of August 
        11, 1939 (53 Stat. 1418, chapter 717).
            (3) Irrigation district.--The term ``irrigation district'' 
        means--
                    (A) the Intake Irrigation District;
                    (B) the Lower Yellowstone Irrigation District No. 
                1;
                    (C) the Lower Yellowstone Irrigation District No. 
                2; and
                    (D) the Savage Irrigation District.
            (4) Lower yellowstone irrigation district no. 1.--The term 
        ``Lower Yellowstone Irrigation District No. 1'' means the 
        irrigation district by that name that--
                    (A) is organized under the laws of the State of 
                Montana; and
                    (B) operates the part of the Lower Yellowstone 
                Irrigation Project located in the State of Montana.
            (5) Lower yellowstone irrigation district no. 2.--The term 
        ``Lower Yellowstone Irrigation District No. 2'' means the 
        irrigation district by that name that--
                    (A) is organized under the laws of the State of 
                North Dakota; and
                    (B) operates the part of the Lower Yellowstone 
                Irrigation Project located in the State of North 
                Dakota.
            (6) Lower yellowstone irrigation project.--The term ``Lower 
        Yellowstone Irrigation Project'' means the Federal irrigation 
        feature authorized by the Act of June 17, 1902 (32 Stat. 388, 
        chapter 1093).
            (7) Memorandum of understanding.--The term ``memorandum of 
        understanding'' means the memorandum of understanding dated 
        November 16, 1999, between the irrigation districts and the 
        Montana Area Office, Great Plains Region, of the Bureau of 
        Reclamation, for the purpose of defining certain principles by 
        which title to the projects will be conveyed from the United 
        States to the irrigation districts.
            (8) Pick-sloan missouri basin program.--The term ``Pick-
        Sloan Missouri Basin Program'' means the comprehensive Federal 
        program for multipurpose benefits within the Missouri River 
        Basin (including irrigation), authorized by section 9 of the 
        Act of December 22, 1944 (commonly known as the ``Flood Control 
        Act of 1944'') (58 Stat. 891, chapter 665).
            (9) Pick-sloan missouri basin program project use power.--
        The term ``Pick-Sloan Missouri Basin Program project use 
        power'' means power generated and transmitted at a rate 
        covering operation, maintenance, and replacement expenses of 
        the Pick-Sloan power system for maintaining the irrigation 
        features of the Pick-Sloan Missouri Basin Program.
            (10) Project.--The term ``project'' means--
                    (A) the Lower Yellowstone Irrigation Project;
                    (B) the Intake Irrigation Project; and
                    (C) the Savage Unit.
            (11) Savage irrigation district.--The term ``Savage 
        Irrigation District'' means the irrigation district by that 
        name that--
                    (A) is organized under the laws of the State of 
                Montana; and
                    (B) operates the Savage Unit.
            (12) Savage unit.--The term ``Savage Unit'' means the 
        Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal 
        irrigation feature authorized by the Act of December 22, 1944 
        (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 
        891, chapter 665).
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. CONVEYANCE OF PROJECTS.

    (a) Conveyances.--
            (1) Reclamation withdrawals.--
                    (A) Conveyance to richland county.--The Secretary 
                shall convey to the government of Richland County, 
                Montana, without consideration, all right, title, and 
                interest of the United States in and to the property in 
                Richland County described as SE\1/4\NE\1/4\, sec. 13, 
                T. 23 N., R. 59 E.
                    (B) Conveyance to lower yellowstone irrigation 
                districts no. 1 and 2.--The Secretary shall convey to 
                the Lower Yellowstone Irrigation District No. 1 and the 
                Lower Yellowstone Irrigation District No. 2, without 
                consideration, all right, title, and interest of the 
                United States in and to property in the principal 
                meridian, in Dawson and Richland Counties, Montana, 
                described as--
                            (i) lots 1 through 6 of sec. 2, T. 17 N., 
                        R. 56 E.; NW\1/4\ of sec. 6, T. 17 N., R. 57 
                        E.; SW\1/4\NW\1/4\ of sec. 26, T. 22 N., R. 58. 
                        E.;
                            (ii) lots 4 through 7 of sec. 2; and
                            (iii) lot 1 and lot 2 of sec. 3, T. 23 N., 
                        R. 59 E.; and lot 2 of sec. 18, T. 24 N., R. 60 
                        E.
            (2) Fee ownership land, easements, rights-of-way, features, 
        and water rights.--In conveying the projects under paragraph 
        (1)(B), the Secretary shall convey to the irrigation districts, 
        by quitclaim deed--
                    (A) all fee ownership land, easements, and rights-
                of-way in connection with the projects;
                    (B) all right, title, and interest of the United 
                States in and to all diversion, carriage, distribution, 
                drainage, and appurtenant physical features used to 
                serve the land within the irrigation districts; and
                    (C) all natural flow, wastewater, seepage, return 
                flow, domestic water, stock water, and groundwater 
                rights held in part or wholly in the name of the United 
                States that are used to serve the land.
    (b) Revocation of Reclamation Withdrawals and Orders.--
            (1) Reclamation withdrawal.--The reclamation withdrawal 
        established for the Lower Yellowstone Irrigation Project in 
        lots 1 and 2, section 3, T. 23 N., R. 59 E., by Public Land 
        Order 4711, dated October 6, 1969, is revoked.
            (2) Secretarial orders.--
                    (A) In general.--The following Secretarial Orders 
                are revoked:
                            (i) The Secretarial Order of March 22, 
                        1906, issued for irrigation works on lot 3 
                        (lots 5, 6, and 7 as of the date of enactment 
                        of this Act) and lot 4, section 2, T. 23 N., R. 
                        59 E.
                            (ii) The Secretarial Order of August 8, 
                        1905, issued for irrigation works in section 2, 
                        T. 17 N., R. 56 E. and section 6, T. 17 N., R. 
                        57 E.
                    (B) Partial revocation.--The Secretarial Order of 
                August 24, 1903, issued in connection with the Lower 
                Yellowstone Irrigation Project, is revoked insofar as 
                the order applies to the following land:
                            (i) In the principal meridian, Montana:
                                    (I) Lot 9 of sec. 2, lot 2 of sec. 
                                30, T. 18 N., R. 57 E.
                                    (II) Lot 3 of sec. 4, T. 19 N., R. 
                                58 E.
                                    (III) Lots 2, 3, 6, and 7 of sec. 
                                4, T. 21 N., R. 58 E.
                                    (IV) SW\1/4\NW\1/4\ of sec. 26, T. 
                                22 N., R. 58 E.
                                    (V) Lots 1, 4, 7 and NW\1/4\SW\1/4\ 
                                of sec. 20, T. 22 N., R. 59 E.
                                    (VI) SE\1/4\NE\1/4\ of sec. 13, T. 
                                23 N., R. 59 E.
                                    (VII) Lot 2 of sec. 18, T. 24 N., 
                                R. 60 E.
                            (ii) In the fifth principal meridian, North 
                        Dakota:
                                    (I) Lot 8 of sec. 2.
                                    (II) Lots 1, 2, 3, and NE\1/4\NE\1/
                                4\ of sec. 10.
                                    (III) Lot 2 of sec. 11.
                                    (IV) Lot 6 of sec. 18.
                                    (V) Lot 3 of sec. 35, T. 151 N., R. 
                                104 W.
                                    (VI) Lot 7 of sec. 28, T. 152 N., 
                                R. 104 W.
    (c) Delivery of Documents.--The Secretary shall deliver to the 
irrigation districts all patents, land deeds, court proceedings, water 
right abstracts, contracts, special use permits, licenses, permits, and 
any other documents relating to the projects executed on behalf of the 
Secretary.
    (d) Savage Unit Financial Obligations.--
            (1) Savage irrigation district obligation.--The Secretary 
        shall accept from the Savage Irrigation District an amount 
        equal to the value, as of the date of enactment of this Act, of 
        the remaining water supply payment obligation of $68,280 under 
        contract number Ilr-1525, as extended by contract number 9-07-
        60-W0770, as full payment of the Savage Irrigation District's 
        share of the construction of the Savage Unit.
            (2) Pick-sloan missouri basin program beneficiaries 
        obligation.--The Secretary shall accept from the Pick-Sloan 
        Missouri Basin Program power beneficiaries an amount equal to 
        the value, as of the date of enactment of this Act, of the aid-
        to-irrigation payment obligation of $667,702 as full payment of 
        aid-to-irrigation associated with the construction of the 
        Savage Unit.
    (e) Report.--If any conveyance required under subsection (a) has 
not occurred within 2 years after the date of enactment of this Act, 
the Secretary shall submit to Congress a report on the status of the 
conveyance.

SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.

    (a) In General.--Nothing in this Act expands or otherwise affects 
the use or operation of the projects as used and operated as of the 
date of enactment of this Act.
    (b) Recreation Management.--As a condition of the conveyance of the 
land under section 3(a)(1)(B), the Secretary shall require that Lower 
Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation 
District No. 2 convey a perpetual conservation easement to the State of 
Montana, at no cost to the State, for the purposes of protecting, 
preserving, and enhancing the conservation values of, and permitting 
recreation on land to be conveyed under that section, as jointly agreed 
to by Lower Yellowstone Irrigation District No. 1, Lower Yellowstone 
Irrigation District No. 2, and the State of Montana.
    (c) Pick-Sloan Missouri Basin Program Project Pumping Power 
Service.--The Secretary--
            (1) shall sustain the irrigation developments established 
        by the projects as components of the irrigation plan under the 
        Pick-Sloan Missouri River Basin Program; and
            (2)(A) shall continue to provide the irrigation districts 
        with Pick-Sloan Missouri Basin project use power at the pumping 
        plants of the irrigation districts (subject to section 5(a)); 
        but
            (B) shall prohibit any ability-to-pay adjustment for the 
        power rate.

SEC. 5. YELLOWSTONE RIVER FISHERIES PROTECTION.

    (a) In General.--The Secretary, in cooperation with the irrigation 
districts, shall provide fish protection devices to--
            (1) prevent juvenile and adult fish from entering the main 
        canal of the Lower Yellowstone Irrigation Project; and
            (2) allow bottom-dwelling fish species to migrate above the 
        intake diversion dam on the Yellowstone River for that project.
    (b) Participation.--The Secretary and the irrigation districts 
cooperate in planning, engineering, and constructing the fish 
protection devices.
    (c) Monitoring.--
            (1) In general.--For a period of at least 2 years after the 
        date of completion of construction of the fish protection 
        devices, the Secretary, acting through the Commissioner of 
        Reclamation and the Director of the United States Fish and 
        Wildlife Service, shall establish and conduct a monitoring plan 
        to measure the effectiveness of the devices.
            (2) Maintenance.--The Commissioner of Reclamation shall be 
        responsible for modifying the fish protection devices as 
        necessary to ensure proper functioning.

SEC. 6. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS.

    On conveyance of the projects under this Act, the irrigation 
districts shall not be--
            (1) subject to Federal reclamation law (the Act of June 17, 
        1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and 
        amendatory of that Act (43 U.S.C. 371 et seq.)); or
            (2) except as provided in section 4(c), entitled to receive 
        any reclamation benefits under that law.

SEC. 7. LIABILITY.

    (a) In General.--Effective on the date of conveyance of a project 
under this Act, the United States shall not be liable under any Federal 
or State law for damages of any kind arising out of any act, omission, 
or occurrence relating to the project, except for damages caused by 
acts of negligence committed by the United States or by an employee, 
agent, or contractor of the United States, before the date of the 
conveyance.
    (b) Federal Tort Claims.--Nothing in this section increases the 
liability of the United States beyond that provided as of the date of 
enactment of this Act under chapter 171 of title 28, United States Code 
(commonly known as the ``Federal Tort Claims Act'').

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>