[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2129 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2129

 To authorize the Secretary of the Interior to convey certain land and 
  improvements of the Gooding Division of the Minidoka Project, Idaho.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2005

 Mr. Crapo (for himself and Mr. Craig) 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 land and 
  improvements of the Gooding Division of the Minidoka Project, Idaho.

    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 ``American Falls Reservoir District 
Number 2 Conveyance Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means Agreement No. 
        5-07-10-L1688 between the United States and the District, 
        entitled ``Agreement Between the United States and the American 
        Falls Reservoir District No. 2 to Transfer Title to the 
        Federally Owned Milner-Gooding Canal and Certain Property 
        Rights, Title and Interest to the American Falls Reservoir 
        District No. 2''.
            (2) District.--The term ``District'' means the American 
        Falls Reservoir District No. 2, located in Jerome, Lincoln, and 
        Gooding Counties, Idaho.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. AUTHORITY TO CONVEY TITLE.

    (a) In General.--In accordance with all applicable law and the 
terms and conditions set forth in the Agreement, the Secretary may 
convey--
            (1) to the District all right, title, and interest in and 
        to the land and improvements described in Appendix A of the 
        Agreement, subject to valid existing rights;
            (2) to the city of Gooding, located in Gooding County, 
        Idaho, all right, title, and interest in and to the 5.0 acres 
        of land and improvements described in Appendix D of the 
        Agreement; and
            (3) to the Idaho Department of Fish and Game all right, 
        title, and interest in and to the 39.72 acres of land and 
        improvements described in Appendix D of the Agreement.
    (b) Compliance With Agreement.--All parties to the conveyance under 
subsection (a) shall comply with the terms and conditions of the 
Agreement, to the extent consistent with this Act.

SEC. 4. TRANSFER.

    As soon as practicable after the date of enactment of this Act, the 
Secretary shall direct the Director of the National Park Service to 
include in and manage as a part of the Minidoka Internment National 
Monument the 10.18 acres of land and improvements described in Appendix 
D of the Agreement.

SEC. 5. COMPLIANCE WITH OTHER LAWS.

    (a) In General.--On conveyance of the land and improvements under 
section 3(a)(1), the District shall comply with all applicable Federal, 
State, and local laws (including regulations) in the operation of each 
facility transferred.
    (b) Applicable Authority.--Nothing in this Act modifies or 
otherwise affects the applicability of Federal reclamation law (the Act 
of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
and amendatory of that Act (43 U.S.C. 371 et seq.)) to project water 
provided to the District.

SEC. 6. REVOCATION OF WITHDRAWALS.

    (a) In General.--The portions of the Secretarial Orders dated March 
18, 1908, October 7, 1908, September 29, 1919, October 22, 1925, March 
29, 1927, July 23, 1927, and May 7, 1963, withdrawing the approximately 
6,900 acres described in Appendix E of the Agreement for the purpose of 
the Gooding Division of the Minidoka Project, are revoked.
    (b) Management of Withdrawn Land.--The Secretary, acting through 
the Director of the Bureau of Land Management, shall manage the 
withdrawn land described in subsection (a) subject to valid existing 
rights.

SEC. 7. LIABILITY.

    (a) In General.--Subject to subsection (b), upon completion of a 
conveyance under section 3, the United States shall not be liable for 
damages of any kind for any injury arising out of an act, omission, or 
occurrence relating to the land (including any improvements to the 
land) conveyed under the conveyance.
    (b) Exception.--Subsection (a) shall not apply to liability for 
damages resulting from an injury caused by any act of negligence 
committed by the United States (or by any officer, employee, or agent 
of the United States) before the date of completion of the conveyance.
    (c) Federal Tort Claims Act.--Nothing in this section increases the 
liability of the United States beyond that provided in chapter 171 of 
title 28, United States Code.

SEC. 8. FUTURE BENEFITS.

    (a) Responsibility of the District.--After completion of the 
conveyance of land and improvements to the District under section 
3(a)(1), and consistent with the Agreement, the District shall assume 
responsibility for all duties and costs associated with the operation, 
replacement, maintenance, enhancement, and betterment of the 
transferred land (including any improvements to the land).
    (b) Eligibility for Federal Funding.--
            (1) In general.--Except as provided in paragraph (2), the 
        District shall not be eligible to receive Federal funding to 
        assist in any activity described in subsection (a) relating to 
        land and improvements transferred under section 3(a)(1).
            (2) Exception.--Paragraph (1) shall not apply to any 
        funding that would be available to a similarly situated 
        nonreclamation district, as determined by the Secretary.

SEC. 9. NATIONAL ENVIRONMENTAL POLICY ACT.

    Before completing any conveyance under this Act, the Secretary 
shall complete all actions required under--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);
            (3) the National Historic Preservation Act (16 U.S.C. 470 
        et seq.); and
            (4) all other applicable laws (including regulations).

SEC. 10. PAYMENT.

    (a) Fair Market Value Requirement.--As a condition of the 
conveyance under section 3(a)(1), the District shall pay the fair 
market value for the withdrawn lands to be acquired by them, in 
accordance with the terms of the Agreement.
    (b) Grant for Building Replacement.--As soon as practicable after 
the date of enactment of this Act, and in full satisfaction of the 
Federal obligation to the District for the replacement of the structure 
in existence on that date of enactment that is to be transferred to the 
National Park Service for inclusion in the Minidoka Internment National 
Monument, the Secretary, acting through the Commission of Reclamation, 
shall provide to the District a grant in the amount of $52,996, in 
accordance with the terms of the Agreement.
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