[Congressional Record Volume 143, Number 62 (Tuesday, May 13, 1997)]
[Senate]
[Pages S4393-S4394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 736. A bill to convey real property within the Carlsbad project in 
New Mexico to the Carlsbad Irrigation District; to the Committee on 
Energy and Natural Resources.


       the carlsbad irrigation project acquired land transfer act

 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. These are 
lands that were once owned by the beneficiaries of the irrigation 
project, and acquired by the Federal Government when the Bureau of 
Reclamation assumed the responsibility of construction and operation of 
the irrigation project in the early part of this century. Since that 
time, the Carlsbad Irrigation District has repaid its indebtedness to 
the Federal Government, which included not only its contractual share 
of construction costs, but also all costs associated with the project 
land and facilities that were acquired from the project beneficiaries.
  This legislation 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. It will accomplish three things: First, convey 
title to acquired lands and facilities to the District; second, allow 
the District to assume the management of leases and the benefits of the 
receipts from these acquired lands; and third, provide authority for 
the Bureau of Reclamation to cooperate with the Carlsbad Irrigation 
District on water conservation projects at the Carlsbad project. This 
bill protects the interests that the State of New Mexico has in some of 
those lands.
  During the 104th Congress, the Carlsbad Irrigation District presented 
testimony related to the transfer of acquired lands before the 
Committee on Energy and Natural Resources on one occasion, and before 
the House Committee on Resources on two occasions. Additionally, the 
administration expressed on several occasions before these two 
committees that they want to move forward with acquired land transfers 
where they make sense. The Commissioner of the Bureau of Reclamation, 
Eluid Martinez, has informed the district and me that he believes that 
the Carlsbad project is one of several projects where the Bureau would 
like to pursue transfer opportunities. With this in mind, I believe 
that the legislation I am introducing today will provide the Bureau 
with the ability to accomplish their stated goal in a fair and 
equitable manner.
  Mr. President, I understand that similar legislation will soon be 
introduced in the House of Representatives by Congressman Joe Skeen, 
and I am hopeful that we will be able to move this bill through 
Congress, and coordinate our efforts with the administration's stated 
objectives. I encourage my colleagues to support this legislation, and 
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. 736

       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 ``Carlsbad Irrigation Project 
     Acquired Land Transfer Act''.

     SEC. 2. CONVEYANCE.

       (a) Lands and Facilities.--
       (1) In general.--Except as provided in paragraph (2), and 
     subject to the conditions set forth in subsection (c) and 
     section 2(b), the Secretary of the Interior (in this Act 
     referred to as the ``Secretary'') is hereby authorized to 
     convey 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 to the Carlsbad Irrigation District (a 
     quasi-municipal corporation formed under the laws of the 
     State of New Mexico and in this Act referred to as the 
     ``District'').
       (2) Limitations.--
       (A) The Secretary shall retain title to the surface estate 
     of such acquired lands which are located under the footprint 
     of Brantley and Avalon dams or any other project dam or 
     reservoir diversion structure.
       (B) The Secretary shall retain storage and flow easements 
     for any tracts located under the maximum spillway elevations 
     of Avalon and Brantley 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 conveyed 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 and other adjacent project 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; and
       (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.--In relation to agreements referred to in 
     paragraph (2)--
       (A) The District shall not be obligated for any financial 
     support agreed to by the Secretary, or the Secretary's 
     designee, in either agreement; and
       (B) The District shall not be entitled to any receipts or 
     revenues generated as a result of either agreement.
       (d) Sense of the Congress.--It is the sense of the Congress 
     that the Secretary should complete the conveyance authorized 
     by this Act, including such action as may be required under 
     the National Environmental Policy Act of 1969 (42 U.S.C. et 
     seq.) within 9 months of the date of enactment of this Act.
       (e) Report to Congress.--If the conveyance authorized by 
     this Act is not completed by the Secretary within 9 months of 
     the date of enactment of this Act, the Secretary shall 
     prepare a report to the Congress which shall include a 
     detailed explanation of problems that have been encountered 
     in completion of the conveyance, and specific steps that the 
     Secretary has taken or will take to complete the conveyance. 
     The Secretary's report shall be transmitted to the Committee 
     on Resources of the House of Representatives, and to the 
     Committee on Energy and Natural Resources of the Senate 
     within 30 days after the expiration of such 9 month period.

     SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE 
                   ACQUIRED LANDS.

       (a) Identification and Notification of Leaseholders.--
     Within 120 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 authorized by this Act.

[[Page S4394]]

       (b) Management of Mineral and Grazing Leases, Licenses, and 
     Permits.--The District shall assume all rights and 
     obligations of the United States for all mineral and grazing 
     leases, licenses, and permits existing on the acquired lands 
     conveyed under section 2, and shall be entitled to any 
     receipts from such leases, licenses and permits accruing 
     after the date of conveyance: Provided, That all such 
     receipts shall be used for purposes for which the project was 
     authorized. The District shall continue to adhere to the 
     current Bureau of Reclamation mineral leasing stipulations 
     for the Carlsbad Project: Provided further, That all future 
     mineral leases from acquired lands within a one mile radius 
     of Brantley and Avalon dams shall subject to the approval 
     of the Secretary prior to consummation of the lease.
       (c) Availability of Amounts Paid Into Reclamation Fund.--
     Receipts paid into the reclamation fund which exist as 
     construction credits to the Carlsbad Project under the terms 
     of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-
     359) as amended shall be made available to the District as 
     credits towards its ongoing operation and maintenance 
     obligation to the United States until such credits are 
     depleted: Provided, That immediately following the enactment 
     of this Act, such receipts collected by the Minerals 
     Management Service, not to exceed $200,000, shall be made 
     available to the Secretary for the purpose of offsetting the 
     actual cost of implementing this Act: Provided further, That 
     any receipts collected by the Minerals Management Service, 
     prior to the actual date of conveyance, which are in excess 
     of $200,000 shall be deposited into the reclamation fund and 
     added to existing construction credits to the Carlsbad 
     Project.

     SEC. 4. WATER CONSERVATION PRACTICES.

       The Secretary, in cooperation with the District, is hereby 
     authorized to expend not to exceed $100,000 annually, from 
     amounts appropriated for operation and maintenance within the 
     Bureau of Reclamation, for the purposes of implementing water 
     conservation practices at the Carlsbad Irrigation Project, 
     including but not limited to phreatophyte control: Provided, 
     That matching funds shall be provided by the District in 
     direct proportion to the amount of project lands held by the 
     District in relation to withdrawn or other project lands held 
     by the United States: Provided further, That nothing in this 
     Act shall be construed to limit the ability of the District 
     to voluntarily implement water conservation 
     practices.
                                 ______