[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2257 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2257

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 HOUSE OF REPRESENTATIVES

                              May 22, 2003

 Mr. Rehberg introduced the following bill; which was referred to the 
                         Committee on 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) Diversion works.--The term ``diversion works'' means 
        the land in the N\1/2\ NW\1/4\ Sec. 36, T.18N., R.56E. P. M., 
        Montana, and the diversion dam structure, canal headworks 
        structure, and first section of the main canal, all contained 
        therein.
            (2) Intake irrigation district.--The term ``Intake 
        Irrigation District'' means the Irrigation District by that 
        name that is organized under the laws of the State of Montana 
        and operates the Intake Project.
            (3) Intake project.--The term ``Intake Project'' means the 
        Federal irrigation development operated by the Intake 
        Irrigation District and authorized under the Act of August 11, 
        1939 (chapter 717; 53 Stat. 1418).
            (4) Irrigation districts.--The term ``irrigation 
        districts'' 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.
            (5) Lower yellowstone irrigation district no. 1.--The term 
        ``Lower Yellowstone Irrigation District No. 1'' means the 
        irrigation district by that name that is organized under the 
        laws of the State of Montana and operates the part of the Lower 
        Yellowstone Irrigation Project located in the State of Montana.
            (6) Lower yellowstone irrigation district no. 2.--The term 
        ``Lower Yellowstone Irrigation District No. 2'' means the 
        irrigation district by that name that is organized under the 
        laws of the State of North Dakota and operates the part of the 
        Lower Yellowstone Irrigation Project located in the State of 
        North Dakota.
            (7) Lower yellowstone irrigation project.--The term ``Lower 
        Yellowstone Irrigation Project'' means the Federal irrigation 
        development operated by Lower Yellowstone Irrigation District 
        No. 1 and Lower Yellowstone Irrigation District No. 2 and 
        authorized by the Act of June 17, 1902 (chapter 1093; 32 Stat. 
        388).
            (8) Memorandum of understanding.--The term ``Memorandum of 
        Understanding'' means the memorandum of understanding dated 
        November 16, 1999, and any subsequent replacements or 
        amendments between the Districts and the Montana Area Office, 
        Great Plains Region, Bureau of Reclamation, for the purpose of 
        defining certain principles by which the title to the projects 
        will be transferred from the United States to the districts.
            (9) 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'' (chapter 665; 58 Stat. 891).
            (10) Pick-sloan missouri basin program project use power.--
        The term ``Pick-Sloan Missouri Basin Program Project Use 
        Power'' means power available for establishing and maintaining 
        the irrigation developments of the Pick-Sloan Missouri Basin 
        Program.
            (11) Projects.--The term ``projects'' means--
                    (A) the Lower Yellowstone Irrigation Project;
                    (B) the Intake Project; and
                    (C) the Savage Unit.
            (12) Savage irrigation district.--The term ``Savage 
        Irrigation District'' means the irrigation district by that 
        name that is organized under the laws of the State of Montana 
        and operates the Savage Unit.
            (13) Savage unit.--The term ``Savage Unit'' means the 
        Savage Unit of the Pick-Sloan Missouri Basin Program.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. CONVEYANCE OF PROJECTS.

    (a) Conveyances.--
            (1) In general.--The Secretary shall, as soon as 
        practicable, convey the projects, including all works, 
        facilities, and lands of the projects, to the irrigation 
        districts in accordance with all applicable laws and pursuant 
        to the terms of the memorandum of understanding.
            (2) Two stages.--The conveyance shall take place in two 
        stages. The first stage shall include all conveyances under 
        this Act except diversion works. The second stage shall consist 
        of all conveyances under this Act of the diversion works.
            (3) Lands.--
                    (A) In general.--All lands, easements, and rights-
                of-way the United States possess that are conveyed by 
                the Secretary to the respective irrigation districts 
                under this Act shall be conveyed by quitclaim deed. All 
                such conveyances are subject to permits, licenses, 
                leases, rights-of-use, or right-of-way of record 
                outstanding held by third parties on, over, or across 
                such lands, easements, and rights-of-way.
                    (B) Mineral rights.--All conveyances of lands under 
                this Act shall be subject to--
                            (i) a reservation by the United States of 
                        all minerals of any nature whatsoever, 
                        excluding sand and gravel; and
                            (ii) oil, gas, and other mineral rights 
                        reserved of record before the date of 
                        conveyance by or in favor of third parties.
            (4) Water rights.--The Secretary shall convey to the 
        respective irrigation districts in accordance with and subject 
        to the law of the State of Montana, 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 lands within the 
        irrigation districts.
            (5) Costs.--
                    (A) Reclamation withdrawn lands.--The irrigation 
                districts shall purchase Reclamation Withdrawn lands 
                that are identified in the Memorandum of Understanding, 
                for their value in providing operation and maintenance 
                benefits to the irrigation districts.
                    (B) Savage unit repayment obligations.--
                            (i) Savage irrigation district.--As a 
                        condition of any conveyance of Reclamation 
                        Withdrawn lands under subparagraph (A), the 
                        Secretary shall require the Savage Irrigation 
                        District to pay to the Secretary an amount 
                        equal to the present value of the remaining 
                        water supply repayment obligation of such 
                        district. Payment of such amount by the 
                        district shall be treated as full payment under 
                        Contract Number I1r-1525, as amended and as 
                        extended by Contract No. 9-07-60-W0770.
                            (ii) Pick-sloan missouri basin program 
                        construction obligation.--As a condition of any 
                        conveyance of Reclamation Withdrawn lands under 
                        subparagraph (A), the Secretary shall require 
                        payment from the Pick-Sloan Missouri Basin 
                        Program (Eastern Division) power customers 
                        $94,727. This payment shall be out of the 
                        receipts from the sale of power from the Pick-
                        Sloan Missouri Basin Program (Eastern Division) 
                        collected by the Western Area Power 
                        Administration and deposited into the 
                        Reclamation fund of the Treasury in fiscal year 
                        2003. This payment shall be treated as full and 
                        complete repayment by the power customers of 
                        the construction aid-to-irrigation associated 
                        with the facilities of the Savage Unit.
    (b) Revocation of Reclamation Withdrawals and Orders.--
            (1) The Reclamation withdrawal established by Public Land 
        Order 4711 dated October 6, 1969, for the Lower Yellowstone 
        Irrigation Project in lots 1 and 2, Section 3, T.23N., R. 59 
        E., is hereby revoked in its entirety.
            (2) The Secretarial Order of March 22, 1906, which was 
        issued for irrigation works on/in lots 3 and 4, Section 2, T. 
        23N., R. 59E., and the Secretarial Order of August 8, 1905, 
        which was issued for irrigation works in Section 2, T. 17 N., 
        R. 56 E. and Section 6, T. 17 N., R. 57 E., are hereby revoked 
        in their entirety.
            (3) The Secretarial Orders of August 24, 1903, and July 27, 
        1908, which were issued in connection with the Lower 
        Yellowstone Irrigation Project are revoked insofar as they 
        affect the following lands:
                    (A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, T.18N., 
                R.57E.; lot 3 of Sec. 4, T.19N., R.58E.; lots 2 and 3 
                and 6 and 7 of Sec. 12, T.21N., R.58E.; SW\1/4\NW\1/4\ 
                of Sec. 26, T.22N., R.58E; lots 1 and 4 and 7 and NW\1/
                4\SW\1/4\ of Sec. 20, T.22N., R.59E.; SE\1/4\NE\1/4\ of 
                Sec. 13, T.23N., R.59E.; and lot 2 of Sec. 18, T.24N., 
                R.60E.; all in the Principal Meridian, Montana.
                    (B) Lot 8 of Sec. 2 and lot 1 and lot 2 and lot 3 
                and NE\1/4\NE\1/4\ of Sec. 10 and lot 2 of Sec. 11 and 
                lot 6 of Sec. 18 and lot 3 of Sec. 35, T.151N., 
                R.104W.; and lot 7 of Sec. 28, T.152N., R.104W.; all in 
                the Fifth Principal Meridian, North Dakota.

SEC. 4. REPORT.

    If any conveyance under this Act has not occurred within the 2-year 
period beginning on the date of the enactment of this Act in the case 
of a conveyance required to be in the first stage under section 
3(a)(2), or within the 5-year period beginning on the date of the 
enactment of this Act in the case of a conveyance required to be in the 
second stage under section 3(a)(2), the Secretary shall submit to the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Resources of the Senate, by not later than 60 
days after the end of that period, a status report on the status of the 
conveyance and the anticipated completion date of the conveyance.

SEC. 5. RECREATION MANAGEMENT.

    As a condition of any conveyance of lands under section 3, 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 and permitting recreation on Federal lands to be 
conveyed under this Act.

SEC. 6. PROJECT PUMPING POWER.

    The Secretary--
            (1) shall sustain the irrigation developments established 
        by the Lower Yellowstone irrigation project, the Intake 
        Project, and the Savage Unit as components of the irrigation 
        plan under the Pick-Sloan Missouri River Basin Program; and
            (2) shall continue to provide the irrigation districts with 
        Pick-Sloan Missouri River Basin Project Use Power at the 
        irrigation districts' pumping plants, except that--
                    (A) the rate shall be at the preference power rate; 
                and
                    (B) there shall be no ability-to-pay adjustment 
                with respect to such power.

SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION.

    (a) In General.--The Secretary, prior to the conveyance of title to 
the diversion works under this Act and in cooperation with the 
irrigation districts, shall provide fish protection devices--
            (1) to prevent juvenile and adult fish from entering the 
        main canal of the Lower Yellowstone Irrigation Project; and
            (2) to allow bottom dwelling fish species to migrate above 
        the Project's intake diversion dam.
    (b) Participation.--The Secretary and the Irrigation Districts 
shall work cooperatively in planning, engineering, and constructing the 
fish protection devices.
    (c) Construction Schedule.--Construction of the fish protection 
devices shall be completed within 2 years after the date of enactment 
of this Act.
    (d) Monitoring.--The Secretary, acting through the Commissioner of 
the Bureau of Reclamation and the Director of the United States Fish 
and Wildlife Service, and prior to the conveyance of title to the 
diversion works under this Act, shall establish and implement a 
monitoring plan to measure the effectiveness of the fish protection 
devices for a minimum period of 2 years after construction of the 
devices is completed.
    (e) Modifications.--The Secretary of the Interior, prior to the 
conveyance of title to the diversion works under this Act, shall be 
responsible for modifying the devices as necessary to ensure proper 
functioning of the devices. All modifications shall be completed within 
3 years after the devices were initially constructed.
    (f) Yellowstone River Fisheries Protection Devices Costs.--The cost 
incurred in planning, engineering, constructing, monitoring, and 
modifying the fish protection devices is deemed to be nonreimbursable.
    (g) Operation, Maintenance and Replacements Responsibility.--
Following completion of the construction period and the 2-year 
monitoring and modifications required under this section, the 
irrigation districts shall operate, maintain, and replace the fisheries 
protection devices in a manner to ensure proper functioning.

SEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS.

    Upon conveyance of the projects under this Act, the irrigation 
districts shall not be subject to the reclamation laws or entitled to 
receive any reclamation benefits under those laws except as provided in 
section 6.

SEC. 9. LIABILITY.

    Effective on the date of conveyance of any of the projects under 
this Act, the United States shall not be liable under any State or 
Federal 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 its employees, 
agents, or contractors prior to the date of this conveyance. Nothing in 
this section shall be considered 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 Act.

SEC. 10. COMPLIANCE WITH LAWS.

    As a condition of any conveyance under section 3, the Secretary 
shall, by no later than the date on which the conveyance occurs, 
complete appropriate analyses of the conveyance in compliance with the 
requirements of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), and other applicable laws.
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