[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[Senate]
[Pages S11813-S11814]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         CARLSBAD IRRIGATION PROJECT ACQUIRED LAND TRANSFER ACT

  The Senate proceeded to consider the bill (S. 736) to convey certain 
real property within the Carlsbad Project in New Mexico to the Carlsbad 
Irrigation District, which had been reported from the Committee on 
Energy and Natural Resources, with an amendment to strike all after the 
enacting clause and inserting in lieu thereof the following:

                                 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 subsection (c), the Secretary of the Interior (in 
     this Act referred to as the ``Secretary'') may convey 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''), 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'') and 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.
       (2) Limitation.--
       (A) Retained surface rights.--The Secretary shall retain 
     title to the surface estate (but not the mineral estate) of 
     such acquired lands which are located under the footprint of 
     Brantley and Avalon dams or any other project dam or 
     reservoir division structure.
       (B) Storage and flow easement.--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

[[Page S11814]]

     County, New Mexico, described as the acquired lands and 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) Management and use, generally.--The conveyed lands 
     shall continue to be managed and used by the District for the 
     purposes for which the Carlsbad Project was authorized, based 
     on historic operations and consistent with the management of 
     other adjacent project lands.
       (2) Assumed rights and obligations.--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 for 
     revenues generated as a result of either agreement.
       (d) Completion of Conveyance.--If the Secretary does not 
     complete the conveyance within 180 days from the date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Congress within 30 days after that period that includes a 
     detailed explanation of problems that have been encountered 
     in completing the conveyance, and specific steps that the 
     Secretary has taken or will take to complete the conveyance.

     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--
       (1) 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
       (2) notify all leaseholders of the conveyance authorized by 
     this Act.
       (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. All such 
     receipts shall be used for purposes for which the Project 
     was authorized and for financing the portion of 
     operations, maintenance, and replacement of the Summer Dam 
     which, prior to conveyance, was the responsibility of the 
     Bureau of Reclamation, with the exception of major 
     maintenance programs in progress prior to conveyance which 
     shall be funded through the cost share formulas in place 
     at the time of conveyance. 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.--
       (1) Existing receipts.--Receipts in the reclamation fund on 
     the date of enactment of this Act 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) 
     shall be deposited in the General Treasury and credited to 
     deficit reduction or retirement of the Federal debt.
       (2) Receipts after enactment.--Of the receipts from mineral 
     and grazing leases, licenses, and permits on acquired lands 
     to be conveyed under section 2, that are received by the 
     United States after the date of enactment and before the date 
     of conveyance--
       (A) not to exceed $200,000 shall be available to the 
     Secretary for the actual costs of implementing this Act with 
     any additional costs shared equally between the Secretary and 
     the District; and
       (B) the remainder shall be deposited into the General 
     Treasury of the United States and credited to deficit 
     reduction or retirement of the Federal debt.

     SEC. 4. VOLUNTARY WATER CONSERVATION PRACTICES.

       Nothing in this Act shall be construed to limit the ability 
     of the District to voluntarily implement water conservation 
     practices.

     SEC. 5. LIABILITY.

       Effective on the date of conveyance of any lands and 
     facilities authorized by this Act, 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 conveyed property, except for damages caused by acts of 
     negligence committed by the United States or by its 
     employees, agents, or contractors, prior to conveyance. 
     Nothing in this section shall be considered to increase the 
     liability of the United States beyond that provided under 
     chapter 171 of title 28, United States Code, popularly known 
     as the Federal Tort Claims Act.

     SEC. 6. FUTURE BENEFITS.

       Effective upon transfer, the lands and facilities 
     transferred pursuant to this Act shall not be entitled to 
     receive any further Reclamation benefits pursuant to the 
     Reclamation Act of June 17, 1902, and Acts supplementary 
     thereof or amendatory thereto attributable to their status as 
     part of a Reclamation Project.

  The committee amendment was agreed to.
  The bill (S. 736), as amended, was considered read the third time and 
passed.
  Mr. DOMENICI. Mr. President, I am very pleased that the Senate has 
passed S. 736--the Carlsbad Irrigation Project Acquired Land Transfer 
Act. I, along with Congressman Skeen, have been working to convey 
tracts of land--paid for by Carlsbad Irrigation District and referred 
to as ``acquired lands''--back to the district, during the past several 
congresses.
  I introduced this bill in May of 1997 in order to transfer lands back 
to the rightful owners. This legislation will not affect operations at 
the New Mexico State park at Brantley Dam, or the operations and 
ownership of the dam itself. Furthermore, the bill will not affect 
recreation activities in the area.
  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. I believe this is a fair and equitable bill 
that has been developed over years of negotiations. The Carlsbad 
Irrigation District has had operations and maintenance responsibilities 
for the past 66 years. It met all the repayment obligations to the 
Government in 1991, and it's about time we let CID have what is 
rightfully theirs.
  This legislation accomplishes three things: Conveys title of acquired 
lands and facilities to Carlsbad Irrigation District; allows the 
District to assume management of leases and the benefits of the 
receipts from these acquired lands; and sets a 180-day deadline for the 
transfer, establishing a 50-50 cost-sharing standard for carrying out 
the transfer.
  The Carlsbad Irrigation Project is a single-purpose project created 
in 1905 by the Bureau of Reclamation, acquiring all facilities, lands 
and water rights of the privately-owned Pecos Irrigation Company. The 
CID has had operations and maintenance responsibilities for the 
irrigation and drainage system since 1932.

  During the 104th Congress, the Carlsbad Irrigation District presented 
testimony 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. It is about time 
that we pass this legislation to provide the Bureau with the ability to 
accomplish their stated goal in a fair and equitable manner.
  This transfer shifts responsibility from the Federal Government back 
to a local entity, and creates opportunity for the district to improve 
and enhance the management of these lands. After a long wait, we have 
gotten administration support for this transfer in language substituted 
by the Senate Energy Committee, and have gained support from the 
Democratic side of the aisle. I hope that the House of Representatives 
will act quickly on this legislation so that the Carlsbad Irrigation 
District will promptly begin getting the benefits for that which they 
have paid.

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