[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[Senate]
[Pages S11817-S11818]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   PINE RIVER PROJECT CONVEYANCE ACT

  The Senate proceeded to consider the bill (S. 2142) to authorize the 
Secretary of the Interior to convey the facilities of the Pine River 
Project, to allow jurisdictional transfer of lands between the 
Department of Agriculture, Forest Service, and the Department of the 
Interior, Bureau of Reclamation, and the Bureau of Indian Affairs, and 
for other purposes, 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:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Pine River Project 
     Conveyance Act''.

     SEC. 2. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``Jurisdictional Map'' means the map entitled 
     ``Transfer of Jurisdiction--Vallecito Reservoir, United 
     States Department of Agriculture, Forest Service and United 
     States Department of the Interior, Bureau of Reclamation and 
     the Bureau of Indian Affairs'' dated March, 1998.
       (2) The term ``Pine River Project'' or the ``Project'' 
     means Vallecito Dam and Reservoir owned by the United States 
     and authorized in 1937 under the provisions of the Department 
     of the Interior Appropriation Act of June 25, 1910, 36 Stat. 
     835; facilities appurtenant to the Dam and Reservoir, 
     including equipment, buildings, and other improvements; lands 
     adjacent to the Dam and Reservoir; easements and rights-of-
     way necessary for access and all required connections with 
     the Dam and Reservoir, including those for necessary roads; 
     and associated personal property, including contract rights 
     and any and all ownership or property interest in water or 
     water rights.
       (3) The term ``Repayment Contract'' means Repayment 
     Contract #I1r-1204, between Reclamation and the Pine River 
     Irrigation District, dated April 15, 1940, and amended 
     November 30, 1953, and all amendments and additions thereto, 
     including the Act of July 27, 1954 (68 Stat. 534), covering 
     the Pine River Project and certain lands acquired in support 
     of the Vallecito Dam and Reservoir pursuant to which the Pine 
     River Irrigation District has assumed operation and 
     maintenance responsibilities for the dam, reservoir, and 
     water-based recreation in accordance with existing law.
       (4) The term ``Reclamation'' means the Department of the 
     Interior, Bureau of Reclamation.
       (5) The term ``Secretary'' means the Secretary of the 
     Interior.
       (6) The term ``Southern Ute Indian Tribe'' or ``Tribe'' 
     means a federally recognized Indian tribe, located on the 
     Southern Ute Indian Reservation, La Plata County, Colorado.
       (7) The term ``Pine River Irrigation District'' or 
     ``District'' means a political division of the State of 
     Colorado duly organized, existing, and acting pursuant to the 
     laws thereof with its principal place of business in the City 
     of Bayfield, La Plata County, Colorado and having an 
     undivided \5/6\ right and interest in the use of the water 
     made available by Vallecito Reservoir for the purpose of 
     supplying the lands of the District, pursuant to the 
     Repayment Contract, and the decree in Case No. 1848-B, 
     District Court, Water Division 7, State of Colorado, as well 
     as an undivided \5/6\ right and interest in the Pine River 
     Project.

     SEC. 3. TRANSFER OF THE PINE RIVER PROJECT.

       (a) Conveyance.--The Secretary is authorized to convey, 
     without consideration or compensation to the District, by 
     quitclaim deed or patent, pursuant to section 6, the United 
     States undivided \5/6\ right and interest in the Pine River 
     Project under the jurisdiction of Reclamation for the benefit 
     of the Pine River Irrigation District. No partition of the 
     undivided \5/6\ right and interest in the Pine River Project 
     shall be permitted from the undivided \1/6\ right and 
     interest in the Pine River Project described in subsection 
     3(b) and any quit claim deed or patent evidencing a transfer 
     shall expressly prohibit partitioning. Effective on the date 
     of the conveyance, all obligations between the District and 
     the Bureau of Indian Affairs on the one hand and Reclamation 
     on the other hand, under the Repayment Contract or with 
     respect to the Pine River Project are extinguished. Upon 
     completion of the title transfer, said Repayment Contract 
     shall become null and void. The District shall be responsible 
     for paying 50 percent of all costs associated with the title 
     transfer.
       (b) Bureau of Indian Affairs Interest.--At the option of 
     the Tribe, the Secretary is authorized to convey to the Tribe 
     the Bureau of Indian Affairs' undivided \1/6\ right and 
     interest in the Pine River Project and the water supply made 
     available by Vallecito Reservoir pursuant to the Memorandum 
     of Understanding between the Bureau of Reclamation and the 
     Office of Indian Affairs dated January 3, 1940, together with 
     its Amendment dated July 9, 1964 (`MOU'), the Repayment 
     Contract and decrees in Case Nos. 1848-B and W-1603-76D, 
     District Court, Water Division 7, State of Colorado. In the 
     event of such conveyance, no consideration or compensation 
     shall be required to be paid to the United States.
       (c) Federal Dam Use Charge.--Nothing in this Act shall 
     relieve the holder of the license

[[Page S11818]]

     issued by the Federal Energy Regulatory Commission under the 
     Federal Power Act for Vallecito Dam in effect on the date of 
     enactment of this Act from the obligation to make payments 
     under section 10(e)(2) of the Federal Power Act during the 
     remaining term of the present license. At the expiration of 
     the present license term, the Federal Energy Regulatory 
     Commission shall adjust the charge to reflect either (1) the 
     \1/6\ interest of the United States remaining in the 
     Vallecito Dam after conveyance to the District; or (2) if the 
     remaining \1/6\ interest of the United States has been 
     conveyed to the Tribe pursuant to section 3(b), then no 
     federal dam charge shall be levied from the date of 
     expiration of the present license.

     SEC. 4. JURISDICTIONAL TRANSFER OF LANDS.

       (a) Inundated Lands.--To provide for the consolidation of 
     lands associated with the Pine River Project to be retained 
     by the Forest Service and the consolidation of lands to be 
     transferred to the District, the administrative jurisdiction 
     of lands inundated by and along the shoreline of Vallecito 
     Reservoir, as shown on the Jurisdictional Map, shall be 
     transferred, as set forth below (the ``Jurisdictional 
     Transfer''), concurrently with the conveyance described in 
     section 3(a). Except as otherwise shown on the Jurisdictional 
     Map--
       (1) for withdrawn lands (approximately 260 acres) lying 
     below the 7,765-foot reservoir water surface elevation level, 
     the Forest Service shall transfer an undivided \5/6\ interest 
     to Reclamation and an undivided \1/6\ interest to the Bureau 
     of Indian Affairs in trust for the Tribe; and
       (2) for Project acquired lands (approximately 230 acres) 
     above the 7,765-foot reservoir water surface elevation level, 
     Reclamation and the Bureau of Indian Affairs shall transfer 
     their interests to the Forest Service.
       (b) Map.--The Jurisdictional Map and legal descriptions of 
     the lands transferred pursuant to subsection (a) above shall 
     be on file and available for public inspection in the offices 
     of the Chief of the Forest Service, Department of 
     Agriculture, the Commissioner of Reclamation, Department of 
     the Interior, appropriate field offices of those agencies, 
     and the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate.
       (c) Administration.--Following the Jurisdictional Transfer:
       (1) All lands that, by reason of the Jurisdictional 
     Transfer, become National Forest System lands within the 
     boundaries of the San Juan National Forest, shall be 
     administered in accordance with the laws, rules, and 
     regulations applicable to the National Forest System.
       (2) Reclamation withdrawals of land from the San Juan 
     National Forest established by Secretarial Orders on November 
     9, 1936, October 14, 1937, and June 20, 1945, together 
     designated as Serial No. C-28259, shall be revoked.
       (3) The Forest Service shall issue perpetual easements to 
     the District and the Bureau of Indian Affairs, at no cost to 
     the District or the Bureau of Indian Affairs, providing 
     adequate access across all lands subject to Forest Service 
     jurisdiction to insure the District and the Bureau of Indian 
     Affairs the ability to continue to operate and maintain the 
     Pine River Project.
       (4) The undivided \5/6\ interest in National Forest System 
     lands that, by reason of the Jurisdictional Transfer is to be 
     administered by Reclamation, shall be conveyed to the 
     District pursuant to section 3(a).
       (5) The District and the Bureau of Indian Affairs shall 
     issue perpetual easements to the Forest Service, at no cost 
     to the Forest Service, from National Forest System lands to 
     Vallecito Reservoir to assure continued public access to 
     Vallecito Reservoir when the Reservoir level drops below the 
     7,665-foot water surface elevation.
       (6) The District and the Bureau of Indian Affairs shall 
     issue a perpetual easement to the Forest Service, at no cost 
     to the Forest Service, for the reconstruction, maintenance, 
     and operation of a road from La Plata County Road No. 501 to 
     National Forest System lands east of the Reservoir.
       (d) Valid Existing Rights.--Nothing in this section shall 
     affect any valid existing rights or interests in any existing 
     land use authorization, except that any such land use 
     authorization shall be administered by the agency having 
     jurisdiction over the land after the Jurisdictional Transfer 
     in accordance with subsection (c) and other applicable law. 
     Renewal or reissuance of any such authorization shall be in 
     accordance with applicable law and the regulations of the 
     agency having jurisdiction, except that the change of 
     administrative jurisdiction shall not in itself constitute a 
     ground to deny the renewal or reissuance of any such 
     authorization.

     SEC. 5. LIABILITY.

       Effective on the date of the conveyance of the remaining 
     undivided \1/6\ right and interest in the Pine River Project 
     to the Tribe pursuant to subsection 3(b), 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 
     such Project, except for damages caused by acts of negligence 
     committed by the United States or by its employees, agents, 
     or contractors prior to the date of conveyance. Nothing in 
     this section shall be deemed to increase the liability of the 
     United States beyond that currently provided in the Federal 
     Tort Claims Act (28 U.S.C. 2671 et seq.)

     SEC. 6. COMPLETION OF CONVEYANCE.

       (a) In General.--The Secretary's completion of the 
     conveyance under section 3 shall not occur until the 
     following events have been completed:
       (1) Compliance with the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), and other applicable 
     Federal and State laws.
       (2) The submission of a written statement from the Southern 
     Ute Indian Tribe to the Secretary indicating the Tribe's 
     satisfaction that the Tribe's Indian Trust Assets are 
     protected in the conveyance described in section 3.
       (3) Execution of an agreement acceptable to the Secretary 
     which limits the future liability of the United States 
     relative to the operation of the Project.
       (4) The submission of a statement by the Secretary to the 
     District, the Bureau of Indian Affairs, and the State of 
     Colorado on the existing condition of Vallecito Dam based on 
     Bureau of Reclamation's current knowledge and understanding.
       (5) The development of an agreement between the Bureau of 
     Indian Affairs and the District to prescribe the District's 
     obligation to so operate the Project that the \1/6\ rights 
     and interests to the Project and water supply made available 
     by Vallecito Reservoir held by the Bureau of Indian Affairs 
     are protected. Such agreement shall supercede the Memorandum 
     of Agreement referred to in section 3(b) of this Act.
       (6) The submission of a plan by the District to manage the 
     Project in a manner substantially similar to the manner in 
     which it was managed prior to the transfer and in accordance 
     with applicable Federal and State laws, including management 
     for the preservation of public access and recreational values 
     and for the prevention of growth on certain lands to be 
     conveyed hereunder, as set forth in an Agreement dated March 
     20, 1998, between the District and residents of Vallecito 
     Reservoir. Any future change in the use of the water supplied 
     by Vallecito Reservoir shall comply with applicable law.
       (7) The development of a flood control plan by the 
     Secretary of the Army acting through the Corps of Engineers 
     which shall direct the District in the operation of Vallecito 
     Dam for such purposes.
       (b) Report.--If the transfer authorized in section 3 is not 
     substantially completed within 18 months from the date of 
     enactment of this Act, the Secretary, in coordination with 
     the District, shall promptly provide a report to the 
     Committee on Resources of the House of Representatives and to 
     the Committee on Energy and Natural Resources of the Senate 
     on the status of the transfer described in section 3(a), any 
     obstacles to completion of such transfer, and the anticipated 
     date for such transfer.
       (c) Future Benefits.--Effective upon transfer, the District 
     shall not be entitled to receive any further Reclamation 
     benefits attributable to its status as a Reclamation project 
     pursuant to the Reclamation Act of June 17, 1902, and Acts 
     supplementary thereto or amendatory thereof.

  The committee amendment was agreed to.
  The bill (S. 2142), as amended, was considered the third time and 
passed.

                          ____________________