[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3613 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3613

 To direct the Secretary of the Interior to convey the Mancos Project 
   features to the Mancos Water Conservancy District in the State of 
                               Colorado.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 13, 2018

  Mr. Gardner introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of the Interior to convey the Mancos Project 
   features to the Mancos Water Conservancy District in the State of 
                               Colorado.

    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 ``Mancos Water Conservancy District 
Conveyance Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Contract.--
                    (A) In general.--The term ``Contract'' means the 
                contract providing for the repayment of construction 
                and operation and maintenance costs of the Mancos 
                Project entered into by the United States and the 
                District numbered I1r-1384 and dated July 20, 1942.
                    (B) Inclusions.--The term ``Contract'' includes any 
                amendment or supplement to the contract described in 
                subparagraph (A).
            (2) District.--The term ``District'' means the Mancos Water 
        Conservancy District, established on January 6, 1941, under the 
        Water Conservancy Act (Colo. Rev. Stat. 37-45-101 et seq.).
            (3) Mancos project.--The term ``Mancos Project'' means the 
        project of the Bureau of Reclamation--
                    (A) located in the State; and
                    (B) authorized by the Act of August 11, 1939 
                (commonly known as the ``Water Conservation and 
                Utilization Act'') (16 U.S.C. 590y et seq.).
            (4) Mancos project feature.--
                    (A) In general.--The term ``Mancos Project 
                feature'' means the inlet canal, outlet canal, 
                structures, facilities, land, easements, rights-of-way, 
                buildings, and water rights associated with the Mancos 
                Project.
                    (B) Inclusion.--The term ``Mancos Project feature'' 
                includes the Jackson Gulch Reservoir.
                    (C) Exclusions.--The term ``Mancos Project 
                feature'' does not include--
                            (i) the Jackson Gulch Dam; or
                            (ii) any structure, facility, or other 
                        improvement associated with the Mancos Project 
                        paid for by the State.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (6) State.--The term ``State'' means the State of Colorado.
            (7) Transfer agreement.--The term ``Transfer Agreement'' 
        means the agreement between the United States and the District 
        establishing the terms and conditions of the conveyance of the 
        Mancos Project features from the United States to the District.

SEC. 3. MANCOS PROJECT FEATURES CONVEYANCE, COLORADO.

    (a) Conveyance of Mancos Project Features and Easement.--
            (1) Finding relating to contract repayment.--Congress finds 
        that the District has completed the obligation of the District 
        under the Contract to repay the capital costs of the Mancos 
        Project.
            (2) Conveyances.--
                    (A) Mancos project features.--
                            (i) In general.--As soon as practicable 
                        after the date of enactment of this Act, in 
                        accordance with applicable law (including 
                        regulations), the Secretary shall convey to the 
                        District all right, title, and interest of the 
                        United States in and to the Mancos Project 
                        features, in accordance with the terms and 
                        conditions established in the Transfer 
                        Agreement.
                            (ii) No additional consideration 
                        required.--The District shall not be required 
                        to provide to the Secretary additional 
                        consideration for the conveyance of the Mancos 
                        Project features under clause (i).
                    (B) Easement.--
                            (i) In general.--The Secretary shall convey 
                        to the State an easement for access to the 
                        Mancos Project features that make up Mancos 
                        State Park for the benefit of the public for 
                        recreation and related management uses.
                            (ii) No consideration required.--The State 
                        shall not be required to provide consideration 
                        to the Secretary for the conveyance of the 
                        easement under clause (i).
                            (iii) Effect.--Nothing in this 
                        subparagraph--
                                    (I) affects the jurisdiction of the 
                                State with respect to the management 
                                and maintenance of Mancos State Park; 
                                or
                                    (II) authorizes the District to 
                                manage or maintain Mancos State Park.
                            (iv) Termination.--
                                    (I) Notice.--If the State 
                                permanently closes Mancos State Park, 
                                the State shall terminate the easement 
                                conveyed under clause (i) by written 
                                notice to the Secretary and the 
                                District.
                                    (II) Effect.--On the termination of 
                                the easement under subclause (I), all 
                                affixed structures, facilities, or 
                                other improvements paid for by the 
                                State within Mancos State Park shall 
                                become the property of the District at 
                                no cost to the District.
            (3) Compliance with environmental laws.--
                    (A) In general.--Before completing any conveyance 
                under paragraph (2)(A)(i), the Secretary shall carry 
                out all actions required under--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                            (ii) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.); or
                            (iii) any other law applicable to the 
                        property conveyed.
                    (B) Effect.--Nothing in this Act modifies or alters 
                any obligation of the United States under--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); or
                            (ii) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.).
            (4) Jackson gulch dam.--
                    (A) Possession.--The United States shall retain 
                possession of the Jackson Gulch Dam.
                    (B) No effect on transferred works agreement.--The 
                District shall continue in effect the operations and 
                maintenance of the Jackson Gulch Dam and associated 
                outlet works in accordance with--
                            (i) article 11 of the Contract; and
                            (ii) the transferred works agreement dated 
                        December 12, 1962.
    (b) Limitation.--
            (1) In general.--Notwithstanding any provision of the 
        Contract or any other provision of law (including any law 
        described in paragraph (2)), effective beginning on the date of 
        the conveyance under subsection (a)(2)(A)(i), the Secretary may 
        not assess any additional fee or charge or incur any additional 
        costs relating to any outlet works that is a Mancos Project 
        feature (based on the historical use of the applicable outlet 
        works).
            (2) Description of laws.--The laws referred to in paragraph 
        (1) are--
                    (A) section 9 of the Act of August 11, 1939 
                (commonly known as the ``Water Conservation and 
                Utilization Act'') (16 U.S.C. 590z-7);
                    (B) the Mancos Project Private Power Development 
                Authorization Act of 1994 (Public Law 103-434; 108 
                Stat. 4549);
                    (C) Public Law 106-549 (114 Stat. 2743); and
                    (D) section 9105 of the Omnibus Public Land 
                Management Act of 2009 (Public Law 111-11; 123 Stat. 
                1303).
            (3) Valid existing rights.--The conveyance under subsection 
        (a)(2)(A)(i) shall be subject to all valid existing leases, 
        permits, rights-of-way, easements, and other rights appurtenant 
        to the Mancos Project features.
    (c) No Liability.--Except as otherwise provided by law, effective 
on the date of conveyance to the District of the Mancos Project 
features under subsection (a)(2)(A)(i), the United States shall not be 
liable for any damages arising out of any act, omission, or occurrence 
based on any prior ownership or operation by the United States of any 
Mancos Project feature.
    (d) Reports.--
            (1) Initial report on conveyance delay.--If the Secretary 
        is unable to convey to the District the Mancos Project features 
        under subsection (a)(2)(A)(i) by the date that is 1 year after 
        the date of enactment of this Act, the Secretary shall submit 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives, by not later than 30 days after that date, a 
        report that describes--
                    (A) the reasons for the delay; and
                    (B) a schedule for completing the conveyance as 
                soon as practicable.
            (2) Subsequent annual reports.--Not less frequently than 
        once each year during the period beginning on the date of 
        submission of the report under paragraph (1), if applicable, 
        and ending on the date on which the Mancos Project features are 
        conveyed in accordance with this Act, the Secretary shall 
        submit to the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives reports that provides the information described 
        in subparagraphs (A) and (B) of paragraph (1).
    (e) Effect.--Nothing in this Act, or any action carried out by the 
Secretary pursuant to this Act affects, impacts, or establishes any 
additional burden or obligation on the District in the exercise of any 
right of the District relating to--
            (1) water;
            (2) real property; or
            (3) the use of any Mancos Project feature.
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