II Calendar No. 307 109th CONGRESS 1st Session S. 310 [Report No. 109–188] IN THE SENATE OF THE UNITED STATES February 8, 2005 Mr. Ensign (for himself and Mr. Reid) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources December 8, 2005 Reported under authority of the order of the Senate of November 18, 2005, by Mr. Domenici, without amendment A BILL To direct the Secretary of the Interior to convey the Newlands Project Headquarters and Maintenance Yard Facility to the Truckee-Carson Irrigation District in the State of Nevada.

1.

Short title

This Act may be cited as the Newlands Project Headquarters and Maintenance Yard Facility Transfer Act.

2.

Definitions

In this Act: (1)

Agreement

The term Agreement means the memorandum of agreement between the District and the Secretary identified as Contract No. 3–LC–20–805 and dated June 9, 2003. (2)

District

The term District means the Truckee-Carson Irrigation District in the State of Nevada. (3)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Conveyance of Newlands Project Headquarters and Maintenance Yard Facility

(a)

Conveyance

(1)

In general

As soon as practicable after the date of enactment of this Act and in accordance with the Agreement and any applicable laws, the Secretary shall convey to the District all right, title, and interest of the United States in and to the real property described in paragraph (2). (2)

Description of property

The real property referred to in paragraph (1) is the real property within the Newlands Projects, Nevada, that is— (A)known as 2666 Harrigan Road, Fallon, Nevada; and (B)identified for disposition on the map entitled Newlands Project Headquarters and Maintenance Yard Facility. (b)

Consideration

Notwithstanding any other provision of law, amounts received by the United States for the lease or sale of Newlands Project land comprising the Fallon Freight Yard shall, for purposes of this section, be treated as consideration for the real property conveyed under subsection (a). (c)

Report

If the Secretary has not completed the conveyance under subsection (a) within 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that— (1)explains the reasons why the conveyance has not been completed; and (2)specifies the date by which the conveyance will be completed. (d)

Environmental review, remediation, and removal

In accordance with the Agreement, the Secretary may not convey the real property under subsection (a) until— (1)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any applicable requirements relating to cultural resources have been complied with for the real property to be conveyed under subsection (a); and (2)any required environmental site assessment, remediation, or removal has been completed with respect to the real property to be conveyed under subsection (a). (e)

Liability

The United States shall not be liable for damages of any kind arising out of any act, omission by, or occurrence relating to, the District or any employee, agent, or contractor of the District with respect to the real property conveyed under subsection (a) that occurs before, on, or after the date of the conveyance.

December 8, 2005 Reported without amendment