[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3391 Reported in House (RH)]
Union Calendar No. 442
108th CONGRESS
2d Session
H. R. 3391
[Report No. 108-719]
To authorize the Secretary of the Interior to convey certain lands and
facilities of the Provo River Project.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 29, 2003
Mr. Cannon (for himself, Mr. Bishop of Utah, and Mr. Matheson)
introduced the following bill; which was referred to the Committee on
Resources
October 4, 2004
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on October
29, 2003]
_______________________________________________________________________
A BILL
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''.
(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.
(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 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, 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.
(E) Revocation of withdrawals.--On conveyance of
the easement to the land described in subparagraph
(A)(i), the Secretary, subject to the easement and any
terms and conditions of the Agreement, shall revoke any
public land orders withdrawing National Forest System
land for the Aqueduct Division of the Provo River
Project.
(F) 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.
(G) 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) \1/2\ 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, 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.--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 use is expressly authorized by the entity
responsible for operation and maintenance of the
Central Utah Project water facility; and
(B) 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.
Union Calendar No. 442
108th CONGRESS
2d Session
H. R. 3391
[Report No. 108-719]
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to convey certain lands and
facilities of the Provo River Project
_______________________________________________________________________
October 4, 2004
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed