[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1662 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 356
118th CONGRESS
  2d Session
                                S. 1662

                          [Report No. 118-165]

   To direct the Secretary of the Interior to convey to the Midvale 
    Irrigation District the Pilot Butte Power Plant in the State of 
                    Wyoming, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2023

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

                             April 9, 2024

               Reported by Mr. Manchin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of the Interior to convey to the Midvale 
    Irrigation District the Pilot Butte Power Plant in the State of 
                    Wyoming, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Pilot Butte Power Plant 
Conveyance Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Agreement.--The term ``Agreement'' means the 
        agreement entered into under section 3(a).</DELETED>
        <DELETED>    (2) District.--The term ``District'' means the 
        Midvale Irrigation District located in Pavillion, 
        Wyoming.</DELETED>
        <DELETED>    (3) Power plant.--The term ``Power Plant'' means 
        the Pilot Butte Power Plant and other appurtenant facilities in 
        the State of Wyoming authorized under the Act of March 2, 1917 
        (39 Stat. 969, chapter 146), transferred to the jurisdiction of 
        the Bureau of Reclamation under the Act of June 5, 1920 (41 
        Stat. 874, chapter 235), and incorporated into the Riverton 
        Unit of the Pick-Sloan Missouri Basin Program under Public Law 
        91-409 (84 Stat. 861), including the underlying land.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Commissioner of 
        Reclamation.</DELETED>

<DELETED>SEC. 3. AGREEMENT, CONVEYANCE, AND REPORT.</DELETED>

<DELETED>    (a) Agreement.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall enter into good faith 
negotiations with the District to enter into an agreement to determine 
the legal, institutional, and financial terms for the conveyance of the 
Power Plant from the Secretary to the District.</DELETED>
<DELETED>    (b) Conveyance.--</DELETED>
        <DELETED>    (1) In general.--In consideration for the District 
        assuming from the United States all liability for the 
        administration, operation, maintenance, and replacement of the 
        Power Plant, the Secretary shall offer to convey and assign to 
        the District all right, title, and interest of the United 
        States in and to the Power Plant--</DELETED>
                <DELETED>    (A) subject to valid leases, permits, 
                rights-of-way, easements, and other existing rights; 
                and</DELETED>
                <DELETED>    (B) in accordance with--</DELETED>
                        <DELETED>    (i) the terms and conditions 
                        described in the Agreement; and</DELETED>
                        <DELETED>    (ii) this Act.</DELETED>
        <DELETED>    (2) Status of land.--Effective on the date of the 
        conveyance of the Power Plant to the District under paragraph 
        (1), the Power Plant shall not be considered to be a part of a 
        Federal reclamation project.</DELETED>
<DELETED>    (c) Report.--If the conveyance authorized under subsection 
(b)(1) is not completed 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 a report that describes--
</DELETED>
        <DELETED>    (1) the status of the conveyance under that 
        subsection;</DELETED>
        <DELETED>    (2) any obstacles to completing the conveyance 
        under that subsection; and</DELETED>
        <DELETED>    (3) an anticipated date for the completion of the 
        conveyance under that subsection.</DELETED>

<DELETED>SEC. 4. LIABILITY.</DELETED>

<DELETED>    (a) Damages.--Except as otherwise provided by law and for 
damages caused by acts of negligence committed by the United States or 
by employees or agents of the United States, effective on the date of 
the conveyance of the Power Plant to the District under section 
3(b)(1), 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 Power Plant.</DELETED>
<DELETED>    (b) Torts Claims.--Nothing in this section increases the 
liability of the United States beyond that provided in chapter 171 of 
title 28, United States Code (commonly known as the ``Federal Tort 
Claims Act'').</DELETED>

<DELETED>SEC. 5. COMPLIANCE WITH OTHER LAWS.</DELETED>

<DELETED>    (a) Compliance With Environmental and Historic 
Preservation Laws.--Before making the conveyance authorized under 
section 3(b)(1), the Secretary shall complete all actions required 
under--</DELETED>
        <DELETED>    (1) the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.);</DELETED>
        <DELETED>    (2) the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.);</DELETED>
        <DELETED>    (3) subtitle III of title 54, United States Code; 
        and</DELETED>
        <DELETED>    (4) any other applicable laws.</DELETED>
<DELETED>    (b) Compliance by the District.--Effective on the date of 
the conveyance of the Power Plant to the District under section 
3(b)(1), the District shall comply with all applicable Federal, State, 
and local laws (including regulations) with respect to the operation of 
the Power Plant.</DELETED>

<DELETED>SEC. 6. PAYMENT OF COSTS.</DELETED>

<DELETED>    (a) Administrative Costs.--Administrative costs for the 
conveyance of the Power Plant to the District under section 3(b)(1) 
shall be paid in equal shares by the Secretary and the 
District.</DELETED>
<DELETED>    (b) Real Estate Transfer Costs.--The costs of all boundary 
surveys, title searches, cadastral surveys, appraisals, and other real 
estate transactions required for the conveyance of the Power Plant to 
the District under section 3(b)(1) shall be paid in equal shares by the 
Secretary and the District.</DELETED>
<DELETED>    (c) Costs of Compliance With Other Laws.--The costs 
associated with any review required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.), subtitle III of title 54, United 
States Code, or any other applicable laws for conveyance of the Power 
Plant to the District under section 3(b)(1) shall be paid in equal 
shares by the Secretary and the District.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pilot Butte Power Plant Conveyance 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the agreement 
        entered into under section 3(a).
            (2) District.--The term ``District'' means the Midvale 
        Irrigation District located in Pavillion, Wyoming.
            (3) Power plant.--The term ``Power Plant'' means the Pilot 
        Butte Power Plant and other appurtenant facilities in the State 
        of Wyoming authorized under the Act of March 2, 1917 (39 Stat. 
        969, chapter 146), transferred to the jurisdiction of the 
        Bureau of Reclamation under the Act of June 5, 1920 (41 Stat. 
        874, chapter 235), and incorporated into the Riverton Unit of 
        the Pick-Sloan Missouri Basin Program under Public Law 91-409 
        (84 Stat. 861), including the underlying land.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.

SEC. 3. AGREEMENT, CONVEYANCE, AND REPORT.

    (a) Agreement.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall enter into good 
        faith negotiations with the District to enter into an agreement 
        to determine the legal, institutional, and financial terms for 
        the conveyance of the Power Plant from the Secretary to the 
        District.
            (2) Requirement.--Notwithstanding section 8002(3)(B) of the 
        John D. Dingell, Jr. Conservation, Management, and Recreation 
        Act (43 U.S.C. 2902(3)(B)), the Secretary shall negotiate the 
        agreement under paragraph (1) in accordance with the criteria, 
        terms, and conditions described in subtitle A of title VIII of 
        that Act (43 U.S.C. 2901 et seq.).
    (b) Conveyance.--
            (1) In general.--The Secretary shall offer to convey and 
        assign to the District all right, title, and interest of the 
        United States in and to the Power Plant--
                    (A) subject to valid leases, permits, rights-of-
                way, easements, and other existing rights; and
                    (B) in accordance with--
                            (i) the terms and conditions described in 
                        the Agreement; and
                            (ii) this Act.
            (2) Status of land.--Effective on the date of the 
        conveyance of the Power Plant to the District under paragraph 
        (1), the Power Plant shall not be considered to be a part of a 
        Federal reclamation project.
    (c) Report.--If the conveyance authorized under subsection (b)(1) 
is not completed 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 a report that describes--
            (1) the status of the conveyance under that subsection;
            (2) any obstacles to completing the conveyance under that 
        subsection; and
            (3) an anticipated date for the completion of the 
        conveyance under that subsection.

SEC. 4. COMPLIANCE WITH OTHER LAWS.

    Effective on the date of the conveyance of the Power Plant to the 
District under section 3(b)(1), the District shall comply with all 
applicable Federal, State, and local laws (including regulations) with 
respect to the operation of the Power Plant.
                                                       Calendar No. 356

118th CONGRESS

  2d Session

                                S. 1662

                          [Report No. 118-165]

_______________________________________________________________________

                                 A BILL

   To direct the Secretary of the Interior to convey to the Midvale 
    Irrigation District the Pilot Butte Power Plant in the State of 
                    Wyoming, and for other purposes.

_______________________________________________________________________

                             April 9, 2024

                       Reported with an amendment