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






                                                       Calendar No. 724
108th CONGRESS
  2d Session
                                S. 1876

                          [Report No. 108-365]

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

                           September 28, 2004

              Reported by Mr. Domenici, 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 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,

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

<DELETED>    This Act may be cited as the ``Provo River Project 
Transfer Act''.</DELETED>

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

<DELETED>    For purposes of this Act:</DELETED>
        <DELETED>    (1) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (2) Reclamation.--The term ``Reclamation'' means 
        the Bureau of Reclamation.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) District.--The term ``District'' means the 
        Metropolitan Water District of Salt Lake & Sandy, a political 
        subdivision of the State of Utah.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) Agreement.--The term ``Agreement'' means 
        Contract No. </DELETED>_________<DELETED>, dated 
        </DELETED>_________<DELETED>, 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''.</DELETED>

<DELETED>SEC. 3. TRANSFER.</DELETED>

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

<DELETED>SEC. 4. EXISTING CONTRACTS CONFIRMED.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 5. REPORT.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 6. COSTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Value of Facilities to Be Transferred.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. NATIONAL ENVIRONMENTAL POLICY ACT.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 8. LIABILITY.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 9. FUTURE BENEFITS.</DELETED>

<DELETED>    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.</DELETED>

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 the 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 Divsion.
    (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.




                                                       Calendar No. 724

108th CONGRESS

  2d Session

                                S. 1876

                          [Report No. 108-365]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 28, 2004

                       Reported with an amendment