1.This Act may be cited as
the American Falls Reservoir District
Number 2 Conveyance Act
.
2.In this Act:
(1)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)The
term District
means the American Falls Reservoir District No. 2,
located in Jerome, Lincoln, and Gooding Counties, Idaho.
(3)The
term Secretary
means the Secretary of the Interior.
3.Authority to
convey title
(a)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
agreementAll parties to the conveyance under subsection (a)
shall comply with the terms and conditions of the Agreement, to the extent
consistent with this Act.
4.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.
5.Compliance with
other laws
(a)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)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.
6.Revocation of
withdrawals
(a)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 landThe 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.
7.
(a)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)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)Nothing in this
section increases the liability of the United States beyond that provided in
chapter 171 of title 28, United States Code.
8.
(a)Responsibility
of the districtAfter
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)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)Paragraph (1) shall not apply to any
funding that would be available to a similarly situated nonreclamation
district, as determined by the Secretary.
9.National
Environmental Policy ActBefore 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).
10.
(a)Fair market
value requirementAs 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 replacementAs 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.