[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2556 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2556

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2002

 Mr. Crapo (for himself and Mr. Craig) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


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

    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. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the memorandum 
        of agreement between the Secretary and the District identified 
        as Contract No. 1425-01-MA-10-3310, and dated September 13, 
        2001.
            (2) District.--The term ``District'' means the Fremont-
        Madison Irrigation District, an irrigation district organized 
        under State law.
            (3) Facility.--The term ``facility'' means--
                    (A) the Cross Cut Diversion Dam, the Cross Cut 
                Canal, and the Teton Exchange Wells in the State;
                    (B) any canal, lateral, drain, or other component 
                of the water distribution and drainage system that, on 
                the date of enactment of this Act, is operated or 
                maintained by the District to deliver water to and 
                drainage of water from land within the boundaries of 
                the District; and
                    (C) with respect to the Teton Exchange Wells--
                            (i) Idaho Department of Water Resources 
                        permit number 22-7022, including drilled wells 
                        under the permit, as described in the 
                        Agreement; and
                            (ii) any appurtenant equipment.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of Idaho.

SEC. 3. CONVEYANCE OF FACILITIES.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, but not later than September 13, 2003, subject to 
applicable laws and in accordance with the Agreement, the Secretary 
shall convey to the District all right, title, and interest of the 
United States in and to the facilities.
    (b) Consideration.--
            (1) In general.--In exchange for the conveyance of the 
        facilities under subsection (a), the District shall pay to the 
        Secretary an amount equal to the lesser of--
                    (A) the net value of any remaining obligations owed 
                to the United States by the District with respect to 
                the facilities conveyed, as determined on the date of 
                the conveyance; or
                    (B) $280,000.
            (2) Administrative costs.--
                    (A) In general.--In addition to amounts paid to the 
                Secretary under paragraph (1), the District shall pay 
                to the Secretary, subject to subparagraph (B), any 
                administrative costs incurred by the Secretary in 
                conveying the facilities, including the costs of 
                carrying out a review under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    (B) Limitation.--The District shall pay to the 
                Secretary not more than $40,000 in administrative costs 
                under subparagraph (A).
            (3) Deposit.--Amounts received by the Secretary under 
        paragraph (1) or (2) shall be deposited in the reclamation fund 
        established under the first section of the Act of June 17, 1902 
        (43 U.S.C. 391).
    (c) Condition.--As a condition of the conveyance under subsection 
(a), the Secretary shall, not later than the date on which the 
facilities are conveyed, comply with any applicable requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 4. LIABILITY.

    (a) In General.--Beginning on the date on which the facilities are 
conveyed under section 3(a), the United States shall not be liable, 
except as provided in subsection (b), under any Federal or State law 
for damage from any act, omission, or occurrence relating to the 
facilities.
    (b) Exception.--Notwithstanding subsection (a), the United States 
shall be liable for damage caused by acts of negligence committed by 
the United States or by an employee, agent, or contractor of the United 
States, before the date on which the facilities are conveyed under 
section 3(a).
    (c) Federal Tort Claims.--Nothing in this section increases the 
liability of the United States beyond that provided in chapter 171 of 
title 28, United States Code (commonly known as the ``Federal Tort 
Claims Act'') as in effect on the date of enactment of this Act.

SEC. 5. WATER SUPPLY TO DISTRICT LAND.

    (a) In General.--The Secretary shall increase, by a quantity equal 
to the number of acres that are in the District on the date of 
enactment of this Act, the number of acres in the District that are 
eligible to receive water from the Minidoka Project and the Teton Basin 
Project.
    (b) Extension of Water Service Contract.--The water service 
contract between the Secretary and the District, numbered 7-07-10-
W0179, and dated September 16, 1977, is extended until the date on 
which the conditions of this Act are fulfilled, as determined by the 
Secretary.
    (c) Effect.--This section does not authorize the use of any 
additional water from a project carried out under 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.)) 
beyond that which is authorized on the date of enactment of this Act 
under--
            (1) water storage contracts; and
            (2) State water law.

SEC. 6. EFFECT.

    Except as specifically provided in this Act, nothing in this Act 
affects--
            (1) the rights of any person with respect to the 
        facilities; or
            (2) any contract executed by the United States or under 
        State law with respect to any right of an irrigation district 
        to use water made available by the facilities conveyed under 
        this Act.

SEC. 7. REPORT.

    If the Secretary has not conveyed the facilities to the District by 
the date that is 1 year after the date of enactment of this Act, the 
Secretary shall, not later than that date, submit to Congress a report 
that--
            (1) explains the reasons why the conveyance has not been 
        completed; and
            (2) specifies the date by which the conveyance is proposed 
        to be completed.
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