[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3391 Enrolled Bill (ENR)]
H.R.3391
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To authorize the Secretary of the Interior to convey certain lands and
facilities of the Provo River Project.
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 ``Provo River Project Transfer Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the contract
numbered 04-WC-40-8950 and entitled ``Agreement Among the United
States, the Provo River Water Users Association, and the
Metropolitan Water District of Salt Lake & Sandy to Transfer Title
to Certain Lands and Facilities of the Provo River Project'' and
shall include maps of the land and features to be conveyed under
the Agreement.
(2) Association.--The term ``Association'' means the Provo
River Water Users Association, a nonprofit corporation organized
under the laws of the State.
(3) District.--The term ``District'' means the Metropolitan
Water District of Salt Lake & Sandy, a political subdivision of the
State.
(4) Pleasant grove property.--
(A) In general.--The term ``Pleasant Grove Property'' means
the 3.79-acre parcel of land acquired by the United States for
the Provo River Project, Deer Creek Division, located at
approximately 285 West 1100 North, Pleasant Grove, Utah, as in
existence on the date of enactment of this Act.
(B) Inclusions.--The term ``Pleasant Grove Property''
includes the office building and shop complex constructed by
the Association on the parcel of land described in subparagraph
(A).
(5) Provo reservoir canal.--The term ``Provo Reservoir Canal''
means the canal, and any associated land, rights-of-way, and
facilities acquired, constructed, or improved by the United States
as part of the Provo River Project, Deer Creek Division, extending
from, and including, the Murdock Diversion Dam at the mouth of
Provo Canyon, Utah, to and including the Provo Reservoir Canal
Siphon and Penstock, as in existence on the date of enactment of
this Act.
(6) Salt lake aqueduct.--The term ``Salt Lake Aqueduct'' means
the aqueduct and associated land, rights-of-way, and facilities
acquired, constructed or improved by the United States as part of
the Provo River Project, Aqueduct Division, extending from, and
including, the Salt Lake Aqueduct Intake at the base of Deer Creek
Dam to and including the Terminal Reservoirs located at 3300 South
St. and Interstate Route 215 in Salt Lake City, Utah, as in
existence on the date of enactment of this Act.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior or a designee of the Secretary.
(8) State.--The term ``State'' means the State of Utah.
SEC. 3. CONVEYANCE OF LAND AND FACILITIES.
(a) Conveyances to Association.--
(1) Provo reservoir canal.--
(A) In general.--In accordance with the terms and
conditions of the Agreement and subject to subparagraph (B),
the Secretary shall convey to the Association, all right,
title, and interest of the United States in and to the Provo
Reservoir Canal.
(B) Condition.--The conveyance under subparagraph (A) shall
not be completed until the Secretary executes the Agreement and
accepts future arrangements entered into by the Association,
the District, the Central Utah Water Conservancy District, and
the Jordan Valley Water Conservancy District providing for the
operation, ownership, financing, and improvement of the Provo
Reservoir Canal.
(2) Pleasant grove property.--In accordance with the terms and
conditions of the Agreement, the Secretary shall convey to the
Association, all right, title, and interest of the United States in
and to the Pleasant Grove Property.
(b) Conveyance to District.--
(1) In general.--In accordance with the terms and conditions of
the Agreement, and subject to the execution of the Agreement by the
Secretary, the Secretary shall convey to the District, all right,
title, and interest of the United States in and to Salt Lake
Aqueduct.
(2) Easements.--
(A) In general.--As part of the conveyance under paragraph
(1), the Secretary shall grant to the District permanent
easements to--
(i) the National Forest System land on which the Salt
Lake Aqueduct is located; and
(ii) land of the Aqueduct Division of the Provo River
Project that intersects the parcel of non-Federal land
authorized to be conveyed to the United States under
section 104(a) of Public Law 107-329 (116 Stat. 2816).
(B) Purpose.--The easements conveyed under subparagraph (A)
shall be for the use, operation, maintenance, repair,
improvement, or replacement of the Salt Lake Aqueduct by the
District.
(C) Limitation.--The United States shall not carry out any
activity on the land subject to the easements conveyed under
subparagraph (A) that would materially interfere with the use,
operation, maintenance, repair, improvement, or replacement of
the Salt Lake Aqueduct by the District.
(D) Boundaries.--The boundaries of the easements conveyed
under subparagraph (A) shall be determined by the Secretary, in
consultation with the District and the Secretary of
Agriculture.
(E) Transfer of administrative jurisdiction.--
(i) In general.--On conveyance of the easement to the
land described in subparagraph (A)(ii), the Secretary,
subject to the easement, shall transfer to the Secretary of
Agriculture administrative jurisdiction over the land.
(ii) Administrative site.--The land transferred under
clause (i) shall be administered by the Secretary of
Agriculture as an administrative site.
(F) Administration.--The easements conveyed under
subparagraph (A) shall be administered by the Secretary of
Agriculture in accordance with section 501(b)(3) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1761(b)(3)).
(c) Consideration.--
(1) Association.--
(A) In general.--In exchange for the conveyance under
subsection (a)(1), the Association shall pay the Secretary an
amount that is equal to the sum of--
(i) the net present value of any remaining debt
obligation of the United States with respect to the Provo
Reservoir Canal; and
(ii) the net present value of any revenues from the
Provo Reservoir Canal that, based on past history--
(I) would be available to the United States but for
the conveyance of the Provo Reservoir Canal under
subsection (a)(1); and
(II) would be deposited in the reclamation fund
established under the first section of the Act of June
17, 1902 (43 U.S.C. 391), and credited under the terms
of Reclamation Manual/Directives and Standards PEC 03-
01.
(B) Deduction.--In determining the net present values under
clauses (i) and (ii) of subparagraph (A), the Association may
deduct from the net present value such sums as are required for
the reimbursement described in the Agreement.
(2) District.--
(A) In general.--In exchange for the conveyance under
subsection (b)(1), the District shall pay the Secretary an
amount that is equal to the sum of--
(i) the net present value of any remaining debt
obligation of the United States with respect to the Salt
Lake Aqueduct; and
(ii) the net present value of any revenues from the
Salt Lake Aqueduct that, based on past history--
(I) would have been available to the United States
but for the conveyance of the Salt Lake Aqueduct under
subsection (b)(1); and
(II) would be deposited in the reclamation fund
established under the first section of the Act of June
17, 1902 (43 U.S.C. 391), and credited under the terms
of Reclamation Manual/Directives and Standards PEC 03-
01.
(B) Deduction.--In determining the net present values under
clauses (i) and (ii) of subparagraph (A), the District may
deduct from the net present value such sums as are required for
the reimbursement described in the Agreement.
(d) Payment of Costs.--In addition to amounts paid to the Secretary
under subsection (c), the Association and the District shall, in
accordance with the Agreement, pay the Secretary--
(1) any necessary and reasonable administrative and real estate
transfer costs incurred by the Secretary in carrying out the
conveyance; and
(2) one-half of any necessary and reasonable costs associated
with complying with--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(C)(i) the National Historic Preservation Act (16 U.S.C.
470 et seq.); and
(ii) any other Federal cultural resource laws.
(e) Compliance With Environmental Laws.--
(1) In general.--Before conveying land and facilities under
subsections (a) and (b), the Secretary shall comply with all
applicable requirements under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(C) any other law applicable to the land and facilities.
(2) Effect.--Nothing in this Act modifies or alters any
obligations under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 4. EXISTING CONTRACTS.
(a) Deer Creek Division Construction Contract.--Notwithstanding the
conveyances under subsections (a) and (b)(1) of section 3, and subject
to the terms of the Agreement, any portion of the Deer Creek Division,
Provo River Project, Utah, that is not conveyed under that section
shall continue to be operated and maintained by the Association, in
accordance with the contract numbered I1r-874, dated June 27, 1936, and
entitled the ``Contract Between the United States and Provo River Water
Users Association Providing for the Construction of the Deer Creek
Division of the Provo River Project, Utah''.
(b) Provo River Project and Jordan Aqueduct System Contracts.--
Subject to the terms of the Agreement, any written contract of the
United States in existence on the date of enactment of this Act
relating to the operation and maintenance of any division or facility
of the Provo River Project or the Jordan Aqueduct System is confirmed
and declared to be a valid contract of the United States that is
enforceable in accordance with the express terms of the contract.
(c) Use of Central Utah Project Water.--
(1) In general.--Subject to paragraph (2), any entity with
contractual Provo Reservoir Canal or Salt Lake Aqueduct capacity
rights in existence on the date of enactment of this Act may, in
addition to the uses described in the existing contracts, use the
capacity rights, without additional charge or further approval from
the Secretary, to transport Central Utah Project water on behalf of
the entity or others.
(2) Limitations.--An entity shall not use the capacity rights
to transport Central Utah Project water under paragraph (1)
unless--
(A) the transport of the water is expressly authorized by
the Central Utah Water Conservancy District;
(B) the use of the water facility to transport the Central
Utah Project water is expressly authorized by the entity
responsible for operation and maintenance of the facility; and
(C) carrying Central Utah Project water through Provo River
Project facilities would not--
(i) materially impair the ability of the Central Utah
Water Conservancy District or the Secretary to meet
existing express environmental commitments for the
Bonneville Unit; or
(ii) require the release of additional Central Utah
Project water to meet those environmental commitments.
(d) Authorized Modifications.--The Agreement may provide for--
(1) the modification of the 1936 Repayment Contract for the
Deer Creek Division of the Provo River Project to reflect the
partial prepayment, the adjustment of the annual repayment amount,
and the transfer of the Provo Reservoir Canal and the Pleasant
Grove Property; and
(2) the modification or termination of the 1938 Repayment
Contract for the Aqueduct Division of the Provo River Project to
reflect the complete payout and transfer of all facilities of the
Aqueduct Division.
(e) Effect of Act.--Nothing in this Act impairs any contract
(including subscription contracts) in effect on the date of enactment
of this Act that allows for or creates a right to convey water through
the Provo Reservoir Canal.
SEC. 5. EFFECT OF CONVEYANCE.
On conveyance of any land or facility under subsection (a) or
(b)(1) of section 3--
(1) the land and facilities shall no longer be part of a
Federal reclamation project;
(2) the Association and the District shall not be entitled to
receive any future reclamation benefits with respect to the land
and facilities, except for benefits that would be available to
other nonreclamation facilities; and
(3) the United States shall not be liable for damages arising
out of any act, omission, or occurrence relating to the land and
facilities, but shall continue to be liable for damages caused by
acts of negligence committed by the United States or by any
employee or agent of the United States before the date of
conveyance, consistent with chapter 171 of title 28, United States
Code.
SEC. 6. REPORT.
If a conveyance required under subsection (a) or (b)(1) of section
3 is not completed by the date that is 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress a report
that--
(1) describes the status of the conveyance;
(2) describes any obstacles to completing the conveyance; and
(3) specifies an anticipated date for completion of the
conveyance.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.