[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1876 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1876

To authorize the Secretary of the Interior to convey certain lands and 
                 facilities of the Provo River Project.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2003

  Mr. Bennett 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 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.

    For purposes of this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Reclamation.--The term ``Reclamation'' means the Bureau 
        of Reclamation.
            (3) Association.--The term ``Association'' means the Provo 
        River Water Users Association, a nonprofit corporation 
        organized and existing under the laws of the State of Utah.
            (4) District.--The term ``District'' means the Metropolitan 
        Water District of Salt Lake & Sandy, a political subdivision of 
        the State of Utah.
            (5) Provo reservoir canal.--The term ``Provo Reservoir 
        Canal'' means the canal, and associated lands, 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.
            (6) Pleasant grove property.--The term ``Pleasant Grove 
        Property'' means a 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, including the office building and shop complex 
        constructed by the Association.
            (7) Salt lake aqueduct.--The term ``Salt Lake Aqueduct'' 
        means the aqueduct and associated lands, 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 
        Reservoir located at 3300 South and I-215 in Salt Lake City, 
        Utah.
            (8) Agreement.--The term ``Agreement'' means Contract No. 
        _________, dated _________, 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''.

SEC. 3. TRANSFER.

    (a) Provo Reservoir Canal.--The Secretary shall convey to the 
Association, pursuant to the terms and conditions of the Agreement, all 
right, title, and interest of the United States in and to the Provo 
Reservoir Canal, as it exists on the date of enactment of this Act and 
as generally depicted on the Map marked Exhibit A attached to the 
Agreement, when the Association has certified to the Secretary that 
agreements have been entered into satisfactory to the Association, the 
District, Central Utah Water Conservancy District, Jordan Valley Water 
Conservancy District providing for operation of the Provo Reservoir 
Canal after title transfer, and future ownership, financing, and 
improvement of the Provo Reservoir Canal.
    (b) Pleasant Grove Property.--The Secretary shall convey to the 
Association, pursuant to the terms and conditions of the Agreement, all 
right, title, and interest of the United States in and to the Pleasant 
Grove Property, as it exists on the date of enactment of this Act and 
as generally depicted on the Map marked Exhibit B attached to the 
Agreement.
    (c) Salt Lake Aqueduct.--The Secretary shall convey to the 
District, pursuant to the terms and conditions of the Agreement, all 
right, title, and interest of the United States in and to Salt Lake 
Aqueduct, as it exists on the date of enactment of this Act and as 
generally depicted on the Map marked Exhibit C attached to the 
Agreement.

SEC. 4. EXISTING CONTRACTS CONFIRMED.

    Notwithstanding any transfer provided for in this Act, those 
portions of the Deer Creek Division, Provo River Project, Utah, that 
are not transferred shall continue to be operated and maintained by the 
Association, pursuant to 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, Contract No. 
Ilr-874, dated June 27, 1936, including any amendments or supplements 
thereto or extensions thereof. This Act shall not be construed to 
impair any existing contracts, including subscription contracts, that 
allow for or create a right to convey water through the Provo Reservoir 
Canal.

SEC. 5. REPORT.

    If conveyance of any of the lands and facilities required by this 
Act and described in the Agreement is not completed within 18 months 
following the date of enactment of this Act, the Secretary shall submit 
a report to the Congress that describes the status of the conveyance, 
any obstacles to completion of the conveyance, and an anticipated date 
for completion of the conveyance.

SEC. 6. COSTS.

    (a) In General.--The Secretary shall require, as a condition of the 
conveyance under section 3, that the Association and the District pay 
or contribute to administrative costs, real estate transfer costs, and 
the costs associated with compliance with the National Environmental 
Policy Act of 1969, the Endangered Species Act of 1973, the National 
Historic Preservation Act, and other Federal cultural resource laws, 
all as described in the Agreement.
    (b) Value of Facilities to Be Transferred.--
            (1) Payment by association.--In addition to subsection (a), 
        the Secretary shall also require, as a condition of the 
        conveyance under section 3(a), that the Association pay to the 
        United States the net present value of the Provo Reservoir 
        Canal and the Pleasant Grove Property, as described in the 
        Agreement: Provided, however, That the Association may deduct 
        from the net present value such sums as are required to 
        accomplish the reimbursement described in the Contributed Funds 
        Act Agreement.
            (2) Payment by district.--In addition to subsection (a) the 
        Secretary shall also require, as a condition of the conveyance 
        under section 3(b), that the District pay the United States the 
        net present value of the Salt Lake Aqueduct, as described in 
        the Agreement: Provided, however, That the District may deduct 
        from the net present value such sums as are required to 
        accomplish the reimbursement described in the Contributed Funds 
        Act Agreement.

SEC. 7. NATIONAL ENVIRONMENTAL POLICY ACT.

    Prior to any conveyance under this Act, the Secretary shall 
complete all actions required under the National Environmental Policy 
Act of 1969 (72 U.S.C. 4321 et seq.), the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.), and all other applicable laws.

SEC. 8. LIABILITY.

    Effective on the date of the conveyance required by this Act, the 
United States shall not be held liable by any court for damages of any 
kind arising out of any act, omission, or occurrence relating to the 
transferred lands and facilities, except for damages caused by acts of 
negligence committed by the United States or by its employees or agents 
prior to the date of 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 Claims Act''.

SEC. 9. FUTURE BENEFITS.

    Upon conveyance of the lands and facilities by the Secretary under 
this Act, the transferred facilities and lands shall no longer be part 
of a Federal reclamation project and the Association and the District 
shall not be entitled to receive any future reclamation benefits with 
respect to the transferred facilities and lands, except those benefits 
that would be available to other nonreclamation facilities.
                                 <all>