[Congressional Record Volume 142, Number 116 (Thursday, August 1, 1996)]
[Senate]
[Pages S9436-S9437]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 2015. A bill to convey certain real property located within the 
Carlsbad project in New Mexico to the Carlsbad Irrigation District; to 
the Committee on Energy and Natural Resources.


                      carlsbad project legislation

  Mr. DOMENICI. Mr. President, today I am introducing legislation that 
will convey tracts of land, referred to as ``acquired lands,'' to the 
Carlsbad Irrigation District in New Mexico.
  This bill is a culmination of over a year's worth of work, addressing 
concerns that were raised over legislation that Senator Craig and I 
introduced early last year.
  That legislation used a generic approach to direct the Secretary of 
the Interior to convey these acquired lands to the beneficiary 
districts, when those districts had completed their contractual 
obligations to the United States for project construction.
  The administration is on record in support of the idea of transfer of 
facilities to the beneficiaries, ``where it makes sense,'' but it 
opposed that legislation, in part because of the generic nature in 
which it was drafted.
  I hope that the legislation I am introducing today will address the 
administration's concerns with the earlier bill.
  It is specific to the Carlsbad project in New Mexico, and directs the 
Carlsbad Irrigation District to continue to manage the lands as they 
have been in the past, for the purposes for which the project was 
constructed.
  This bill also protects the interests that the State of New Mexico 
has in some of those lands, and a companion bill introduced in the 
House by Congressman Joe Skeen has the full support of the Governor and 
the various Cabinet Secretaries who oversee those interests.
  Finally, this legislation will return project lands, which were at 
one time held by the beneficiaries of the Carlsbad project and its 
predecessor, to the Carlsbad Irrigation District.
  Mr. President, I encourage my colleagues to support this legislation, 
and

[[Page S9437]]

ask unanimous consent the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2015

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

     SECTION 1. CONVEYANCE.

       (a) Operation of Law.--
       (1) In general.--Except as provided in paragraph (2), and 
     subject to the conditions set forth in subsection (c) and 
     section 2(b), all right, title, and interest of the United 
     States in and to the lands described in subsection (b) (in 
     this Act referred to as the ``acquired lands'') in addition 
     to all interests the United States holds in the irrigation 
     and drainage system of the Carlsbad Project and all related 
     lands including ditch rider houses, maintenance shop and 
     buildings, and Pecos River Flume are hereby conveyed by 
     operation of law to the Carlsbad Irrigation District (a 
     quasi-municipal corporation formed under the laws of the 
     State of New Mexico and referred to in this Act as the 
     ``District'').
       (2) Limitations.--
       (A) In case of a tract of acquired land on which is located 
     any dam, or reservoir diversion structure, conveyance to the 
     District is limited to the right, title, and interest of the 
     United States in and to the mineral estate.
       (B) The United States shall retain storage and flow 
     easements for any tracts located under the maximum spillway 
     elevations of Avalon and Brantly Reservoirs.
       (b) Acquired Lands Described.--The lands referred to in 
     subsection (a) are those lands (including the surface and 
     mineral estate) in Eddy County, New Mexico, described as the 
     acquired lands in section (7) of the ``Status of Lands and 
     Title Report: Carlsbad Project'' as reported by the Bureau of 
     Reclamation in 1978.
       (c) Terms and Conditions of Conveyance.--Any conveyance of 
     the acquired lands under this Act shall be subject to the 
     following terms and conditions:
       (1) The acquired lands shall continue to be managed and 
     used by the District for the purposes for which the Carlsbad 
     Project was authorized, consistent with existing management 
     of such lands.
       (2) Except as provided in paragraph (3), the District shall 
     assume all rights and obligations of the United States 
     under--
       (A) the agreement dated July 28, 1994, between the United 
     States and the Director, New Mexico Department of Game and 
     Fish (Document No. 2-LM-40-00640), relating to management of 
     certain lands near Brantley Reservoir for fish and wildlife 
     purposes,
       (B) the agreement dated March 9, 1977, between the United 
     States and the New Mexico Department of Energy, Minerals, and 
     Natural Resources (Contract No. 7-07-57-X0888) for the 
     management and operation of Brantley Lake State Park.
       (3) Exceptions.--
       (A) The District shall not be obligated for any financial 
     support associated with either agreement under paragraph (2).
       (B) The District shall not be entitled to any revenues 
     generated by the operation of Brantley Lake State Park.

     SEC. 2. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE 
                   ACQUIRED LANDS.

       (a) Identification and Notification of Leaseholders.--
     Within 45 days after the date of enactment of this Act, the 
     Secretary of the Interior shall provide to the District a 
     written identification of all mineral and grazing leases in 
     effect on the acquired lands on the date of enactment of this 
     Act, and the Secretary of the Interior shall notify all 
     leaseholders of the conveyance made by this Act.
       (b) Management of Mineral and Grazing Leases.--Upon 
     conveyance, the District shall assume all rights and 
     obligations of the United States for all mineral and grazing 
     leases on the acquired lands, and shall be entitled to any 
     revenues from such leases accruing after such date. The 
     District shall continue to adhere to the current Bureau of 
     Reclamation mineral leasing stipulations for the Carlsbad 
     Project.
       (c) Availability of Amounts Paid into Reclamation Fund.--
     Receipts paid into the reclamation fund which now exist as 
     credits to the Carlsbad Project under the Mineral Lands 
     Leasing Act of 1920 (30 U.S.C. 181 et seq.), shall be made 
     available to the District under the distribution scheme set 
     forth in section (4)(I) of the Act of December 5, 1924 (43 
     U.S.C. 501; commonly referred to as the ``Fact Finders Act of 
     1924'').
                                 ______