[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 325 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 325

    To require the Secretary of the Interior to convey the Garrison 
Diversion Unit Project Oakes Test Area in Dickey County, North Dakota, 
   to the Dickey-Sargent Irrigation District, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2019

Mr. Hoeven (for himself and Mr. Cramer) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To require the Secretary of the Interior to convey the Garrison 
Diversion Unit Project Oakes Test Area in Dickey County, North Dakota, 
   to the Dickey-Sargent Irrigation District, and for other purposes.

    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 ``Garrison Diversion Unit Project 
Oakes Test Area Conveyance Act of 2019''.

SEC. 2. CONVEYANCE OF THE OAKES TEST AREA OF THE GARRISON DIVERSION 
              UNIT PROJECT, NORTH DAKOTA.

    (a) Definitions.--In this section:
            (1) Agreement.--The term ``Agreement'' means a title 
        transfer agreement between the United States and the District--
                    (A) to determine the legal, operational, 
                institutional, and financial terms related to the 
                conveyance of the Oakes Test Area as required under 
                subsection (b); and
                    (B) to be entered into pursuant to the memorandum 
                of agreement entitled ``Memorandum of Agreement Between 
                United States of America Department of the Interior 
                Bureau of Reclamation and Dickey-Sargent Irrigation 
                District for the Purpose of Defining Roles and 
                Responsibilities for Actions Required to Prepare for 
                Title Transfer of Certain Facilities, Land, and 
                Appurtenances at the Garrison Diversion Unit Project 
                Oakes Test Area'', dated December 18, 2018, and 
                numbered 19AG620033.
            (2) District.--The term ``District'' means the Dickey-
        Sargent Irrigation District.
            (3) Oakes test area.--The term ``Oakes Test Area'' means 
        the facilities, land, and appurtenances of the approximately 
        5,000-acre prototype irrigation test area authorized as part of 
        the Garrison Diversion Unit Project in the James River Basin, 
        as described in the Agreement.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Conveyance to District.--As soon as practicable after the date 
of enactment of this Act, the Secretary shall convey to the District 
all right, title, and interest of the United States in and to the Oakes 
Test Area, consistent with the terms and conditions of the Agreement.
    (c) Liability.--
            (1) In general.--Effective on the date of conveyance to the 
        District of the Oakes Test Area under this section, 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 Oakes Test Area, except for damages caused by acts of 
        negligence committed by the United States or by an employee or 
        agent of the United States prior to the date of conveyance.
            (2) Applicable law.--Nothing in this section increases the 
        liability of the United States beyond the liability provided in 
        chapter 171 of title 28, United States Code (commonly known as 
        the ``Federal Tort Claims Act''), on the date of enactment of 
        this Act.
    (d) Benefits.--After the conveyance of the Oakes Test Area to the 
District under this section--
            (1) the Oakes Test Area shall not be considered to be a 
        part of a Federal reclamation project; and
            (2) the District shall not be eligible to receive any 
        benefits with respect to any facility comprising that Oakes 
        Test Area, other than benefits that would be available to a 
        similarly situated person with respect to a facility that is 
        not part of a Federal reclamation project.
    (e) Communication.--If the Secretary has not completed the 
conveyance required under subsection (b) by the date that is 1 year 
after the date of enactment of this Act, the Secretary shall submit to 
Congress a letter with sufficient detail that--
            (1) explains the reasons the conveyance has not been 
        completed; and
            (2) specifies the date by which the conveyance will be 
        completed.
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