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






                                                       Calendar No. 645
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

                            October 8, 2002

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Fremont-Madison Conveyance 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) District.--The term ``District'' means the 
        Fremont-Madison Irrigation District, an irrigation district 
        organized under State law.</DELETED>
        <DELETED>    (3) Facility.--The term ``facility'' means--
        </DELETED>
                <DELETED>    (A) the Cross Cut Diversion Dam, the Cross 
                Cut Canal, and the Teton Exchange Wells in the 
                State;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) with respect to the Teton Exchange 
                Wells--</DELETED>
                        <DELETED>    (i) Idaho Department of Water 
                        Resources permit number 22-7022, including 
                        drilled wells under the permit, as described in 
                        the Agreement; and</DELETED>
                        <DELETED>    (ii) any appurtenant 
                        equipment.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (5) State.--The term ``State'' means the State of 
        Idaho.</DELETED>

<DELETED>SEC. 3. CONVEYANCE OF FACILITIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Consideration.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) $280,000.</DELETED>
        <DELETED>    (2) Administrative costs.--</DELETED>
                <DELETED>    (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.).</DELETED>
                <DELETED>    (B) Limitation.--The District shall pay to 
                the Secretary not more than $40,000 in administrative 
                costs under subparagraph (A).</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 4. LIABILITY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. WATER SUPPLY TO DISTRICT LAND.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) water storage contracts; and</DELETED>
        <DELETED>    (2) State water law.</DELETED>

<DELETED>SEC. 6. EFFECT.</DELETED>

<DELETED>    Except as specifically provided in this Act, nothing in 
this Act affects--</DELETED>
        <DELETED>    (1) the rights of any person with respect to the 
        facilities; or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. REPORT.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) explains the reasons why the conveyance has 
        not been completed; and</DELETED>
        <DELETED>    (2) specifies the date by which the conveyance is 
        proposed to be completed.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. 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.

SEC. 3. CONVEYANCE OF FACILITIES.

    (a) Conveyance Requirement.--The Secretary of the Interior shall 
convey to the Fremont-Madison Irrigation District, Idaho, pursuant to 
the terms of the memorandum of agreement (MOA) between the District and 
the Secretary (Contract No. 1425-0901-09MA-0910-093310), 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 8.
    (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. 4. COSTS.

    (a) In General.--The Secretary shall require, as a condition of the 
conveyance under section 3, 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. 1425-0901-09MA-
0910-093310.
    (b) Value of Facilities To Be Transferred.--In addition to 
subsection (a) the Secretary shall also require, as a 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. 5. TETON EXCHANGE WELLS.

    (a) Contracts and Permit.--In conveying the Teton Exchange Wells 
referenced in section 3, the Secretary shall also convey to the 
District--
            (1) Idaho Department of Water Resources permit number 22-
        097022, including drilled wells under the permit, as described 
        in Contract No. 1425-0901-09MA-0910-093310; 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. 7-0907-
0910-09W0179, 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. 6. ENVIRONMENTAL REVIEW

    Prior to conveyance the Secretary shall complete all environmental 
reviews and analyses as set forth in the MOA.

SEC. 7. LIABILITY.

    Effective on the date of the conveyance the United States shall not 
be liable 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 increase the liability of the United States 
beyond that currently provided in chapter 171 of title 28, United 
States Code.

SEC. 8. WATER SUPPLY TO DISTRICT LANDS.

    The acreage within the District eligible to receive water from the 
Minidoka Project and the Teton Basin Projects is increased to reflect 
the number of acres within the District as of the date of enactment of 
this Act, including lands annexed into the District prior to enactment 
of this Act as contemplated by the Teton Basin Project. The increase in 
acreage does not alter deliveries authorized under their existing water 
storage contracts and as allowed by State water law.

SEC. 9. DROUGHT MANAGEMENT PLANNING.

    Within 60 days of enactment of this Act, in collaboration with 
stakeholders in the Henry's Fork watershed, the Secretary shall 
initiate a drought management planning process to address all water 
uses, including irrigation and the wild trout fisherey, in the Henry's 
Fork watershed. Within 18 months of enactment of this Act, the 
Secretary shall report to Congress with a final drought management 
plan.

SEC. 10. EFFECT.

    (a) In General.--Except as provided in this Act, nothing in this 
Act affects--
            (1) the rights of any person; or
            (2) any right in existence on the date of enactment of this 
        Act of the Shoshone-Bannock Tribes of the Fort Hall Reservation 
        to water based on a treaty, compact, executive order, 
        agreement, the decision in Winters v. United States, 207 U.S. 
        564 (1908) (commonly known as the ``Winters Doctrine''), or 
        law.
    (b) Conveyances.--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.




                                                       Calendar No. 645

107th CONGRESS

  2d Session

                                S. 2556

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 8, 2002

                       Reported with an amendment