Congressional Record, Volume 144 Issue 144 (Monday, October 12, 1998)

[Congressional Record Volume 144, Number 144 (Monday, October 12, 1998)]
[House]
[Pages H10589-H10594]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PERKINS COUNTY RURAL WATER SYSTEM ACT OF 1998

Mr. HANSEN. Madam Speaker, I ask unanimous consent that the Committee
on Resources be discharged from further consideration of the Senate
bill (S. 2117) to authorize the construction of the Perkins County
Rural Water System and to authorize financial assistance to the Perkins
County Rural Water System, Inc., a nonprofit corporation, in the
planning and construction of the water supply system, and for other
purposes, and ask for its immediate consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
The Clerk read the Senate bill, as follows:

S. 2117

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 ``Perkins County Rural Water
System Act of 1998''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) there are insufficient water supplies of reasonable
quality available to the members of the Perkins County Rural
Water System located in Perkins County, South Dakota, and the
water supplies that are available do not meet minimum health
and safety standards, thereby posing a threat to public
health and safety;
(2) in 1977, the North Dakota State Legislature authorized
and directed the State Water Commission to conduct the
Southwest Area Water Supply Study, which included water
service to a portion of Perkins County, South Dakota;
(3) amendments made by the Garrison Diversion Unit
Reformulation Act of 1986 (Public Law 101-294) authorized the
Southwest Pipeline project as an eligible project for Federal
cost share participation;
(4) the Perkins County Rural Water System has continued to
be recognized by the State of North Dakota, the Southwest
Water Authority, the North Dakota Water Commission, the
Department of the Interior, and Congress as a component of
the Southwest Pipeline Project; and
(5) the best available, reliable, and safe rural and
municipal water supply to serve the needs of the Perkins
County Rural Water System, Inc., members is the waters of the
Missouri River as delivered by the Southwest Pipeline Project
in North Dakota.
(b) Purposes.--The purposes of this Act are--
(1) to ensure a safe and adequate municipal, rural, and
industrial water supply for the members of the Perkins County
Rural Water Supply System, Inc., in Perkins County, South
Dakota;
(2) to assist the members of the Perkins County Rural Water
Supply System, Inc., in developing safe and adequate
municipal, rural, and industrial water supplies; and
(3) to promote the implementation of water conservation
programs by the Perkins County Rural Water System, Inc.

SEC. 3. DEFINITIONS.

In this Act:
(1) Feasibility study.--The term ``feasibility study''
means the study entitled ``Feasibility Study for Rural Water
System for Perkins County Rural Water System, Inc.'', as
amended in March 1995.
(2) Project construction budget.--The term ``project
construction budget'' means the description of the total
amount of funds that are needed for the construction of the
water supply system, as described in the feasibility study.
(3) Pumping and incidental operational requirements.--The
term ``pumping and incidental operational requirements''
means all power requirements that are incidental to the
operation of intake facilities, pumping stations, water
treatment facilities, cooling facilities, reservoirs, and
pipelines to the point of delivery of water by the Perkins
County Rural Water System to each entity that distributes
water at retail to individual users.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of the
Bureau of Reclamation.
(5) Water supply system.--The term ``water supply system''
means the Perkins County Rural Water System, Inc., a
nonprofit corporation, established and operated substantially
in accordance with the feasibility study.

SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

(a) In General.--The Secretary shall make grants to the
water supply system for the Federal share of the costs of--
(1) the planning and construction of the water supply
system; and
(2) repairs to existing public water distribution systems
to ensure conservation of the resources and to make the
systems functional under the new water supply system.
(b) Service Area.--The water supply system shall provide
for safe and adequate municipal, rural, and industrial water
supplies, mitigation of wetlands areas, repairs to existing
public water distribution systems, and water conservation in
Perkins County, South Dakota.
(c) Amount of Grants.--Grants made available under
subsection (a) to the water supply system shall not exceed
the Federal share under section 10.
(d) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of
the water supply system until--
(1) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to
the water supply system; and
(2) a final engineering report and a plan for a water
conservation program have been prepared and submitted to
Congress for a period of not less than 90 days before the
commencement of construction of the system.

SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES.

Mitigation of fish and wildlife losses incurred as a result
of the construction and operation of the water supply system
shall be on an acre-for-acre basis, based on ecological
equivalency, concurrent with project construction, as
provided in the feasibility study.

SEC. 6. USE OF PICK-SLOAN POWER.

(a) In General.--From power designated for future
irrigation and drainage pumping for the Pick-Sloan Missouri
River Basin Program, the Western Area Power Administration
shall make available the capacity and energy required to meet
the pumping and incidental operational requirements of the
water supply system during the period beginning May 1 and
ending October 31 of each year.
(b) Conditions.--The capacity and energy described in
subsection (a) shall be made available on the following
conditions:
(1) The water supply system shall be operated on a not-for-
profit basis.
(2) The water supply system shall contract to purchase its
entire electric service requirements, including the capacity
and energy made available under subsection (a), from a
qualified preference power supplier that itself purchases
power from the Western Area Power Administration.
(3) The rate schedule applicable to the capacity and energy
made available under subsection (a) shall be the firm power
rate schedule of the Pick-Sloan Eastern Division of the
Western Area Power Administration in effect when the power is
delivered by the Administration.
(4) It shall be agreed by contract among--
(A) the Western Area Power Administration;
(B) the power supplier with which the water supply system
contracts under paragraph (2);
(C) the power supplier of the entity described in
subparagraph (B); and
(D) the Perkins County Rural Water System, Inc.;

that in the case of the capacity and energy made available
under subsection (a), the benefit of the rate schedule
described in paragraph (3) shall be passed through to the
water supply system, except that the power supplier of the
water supply system shall not be precluded from including, in
the charges of the supplier to the water system for the
electric service, the other usual and customary charges of
the supplier.

SEC. 7. NO LIMITATION ON WATER PROJECTS IN STATES.

This Act does not limit the authorization for water
projects in South Dakota and North Dakota under law in effect
on or after the date of enactment of this Act.

[[Page H10590]]

SEC. 8. WATER RIGHTS.

Nothing in this Act--
(1) invalidates or preempts State water law or an
interstate compact governing water;
(2) alters the rights of any State to any appropriated
share of the waters of any body of surface or ground water,
whether determined by past or future interstate compacts or
by past or future legislative or final judicial allocations;
(3) preempts or modifies any Federal or State law, or
interstate compact, dealing with water quality or disposal;
or
(4) confers on any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any ground water resource.

SEC. 9. FEDERAL SHARE.

The Federal share under section 4 shall be 75 percent of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply
system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after March 1, 1995.

SEC. 10. NON-FEDERAL SHARE.

The non-Federal share under section 4 shall be 25 percent
of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply
system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after March 1, 1995.

SEC. 11. CONSTRUCTION OVERSIGHT.

(a) Authorization.--The Secretary may provide construction
oversight to the water supply system for areas of the water
supply system.
(b) Project Oversight Administration.--The amount of funds
used by the Secretary for planning and construction of the
water supply system may not exceed an amount equal to 3
percent of the amount provided in the total project
construction budget for the portion of the project to be
constructed in Perkins County, South Dakota.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated--
(1) $15,000,000 for the planning and construction of the
water system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after March 1, 1995.

Amendment in the Nature of a Substitute Offered by Mr. Hansen

Mr. HANSEN. Madam Speaker, I offer an amendment in the nature of a
substitute.
The Clerk read as follows:

Amendment in the Nature of a Substitute Offered by Mr.
Hansen:
Strike out all after the enacting clause and insert:
TITLE I--PERKINS COUNTY RURAL WATER SYSTEM ACT OF 1998

SEC. 101. SHORT TITLE.

This title may be cited as the ``Perkins County Rural Water
System Act of 1998''.

SEC. 102. FINDINGS.

The Congress finds that--
(1) in 1977, the North Dakota State Legislature authorized
and directed the State Water Commission to conduct the
Southwest Area Water Supply Study, which included water
service to a portion of Perkins County, South Dakota;
(2) amendments made by the Garrison Diversion Unit
Reformulation Act of 1986 (Public Law 101-294) authorized the
Southwest Pipeline project as an eligible project for Federal
cost share participation; and
(3) the Perkins County Rural Water System has continued to
be recognized by the State of North Dakota, the Southwest
Water Authority, the North Dakota Water Commission, the
Department of the Interior, and Congress as a component of
the Southwest Pipeline Project.

SEC. 103. DEFINITIONS.

In this title:
(1) Feasibility study.--The term ``feasibility study''
means the study entitled ``Feasibility Study for Rural Water
System for Perkins County Rural Water System, Inc.'', as
amended in March 1995.
(2) Project construction budget.--The term ``project
construction budget'' means the description of the total
amount of funds that are needed for the construction of the
water supply system, as described in the feasibility study.
(3) Pumping and incidental operational requirements.--The
term ``pumping and incidental operational requirements''
means all power requirements that are incidental to the
operation of intake facilities, pumping stations, water
treatment facilities, cooling facilities, reservoirs, and
pipelines to the point of delivery of water by the Perkins
County Rural Water System to each entity that distributes
water at retail to individual users.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of the
Bureau of Reclamation.
(5) Water supply system.--The term ``water supply system''
means the Perkins County Rural Water System, Inc., a
nonprofit corporation, established and operated substantially
in accordance with the feasibility study.

SEC. 104. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

SEC. 105. MITIGATION OF FISH AND WILDLIFE LOSSES.

SEC. 106. USE OF PICK-SLOAN POWER.

(a) In General.--From power designated for future
irrigation and drainage pumping for the Pick-Sloan Missouri
River Basin Program, the Western Area Power Administration
shall make available the capacity and energy required to meet
the pumping and incidental operational requirements of the
water supply system during the period beginning May 1 and
ending October 31 of each year.
(b) Conditions.--The capacity and energy described in
subsection (a) shall be made available on the following
conditions:
(1) The water supply system shall be operated on a not-for-
profit basis.
(2) The water supply system may contract to purchase its
entire electric service requirements, including the capacity
and energy made available under subsection (a), from a
qualified preference power supplier that itself purchases
power from the Western Area Power Administration.
(3) The rate schedule applicable to the capacity and energy
made available under subsection (a) shall be the firm power
rate schedule of the Pick-Sloan Eastern Division of the
Western Area Power Administration in effect when the power is
delivered by the Administration.
(4) It shall be agreed by contract among--
(A) the Western Area Power Administration;
(B) the power supplier with which the water supply system
contracts under paragraph (2);
(C) the power supplier of the entity described in
subparagraph (B); and
(D) the Perkins County Rural Water System, Inc.;
that in the case of the capacity and energy made available
under subsection (a), the benefit of the rate schedule
described in paragraph (3) shall be passed through to the
water supply system, except that the power supplier of the
water supply system shall not be precluded from including, in
the charges of the supplier to the water system for the
electric service, the other usual and customary charges of
the supplier.

SEC. 107. FEDERAL SHARE.

The Federal share under section 104 shall be 75 percent
of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply
system under section 104; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after March 1, 1995.

SEC. 108. NON-FEDERAL SHARE.

The non-Federal share under section 104 shall be 25 percent
of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply
system under section 104; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after March 1, 1995.

SEC. 109. CONSTRUCTION OVERSIGHT.

(a) Authorization.--At the request of the Perkins County
Rural Water System, the Secretary may provide construction
oversight to the water supply system for areas of the water
supply system.
(b) Project Oversight Administration.--The amount of funds
used by the Secretary for planning and construction of the
water supply system may not exceed an amount equal to 3
percent of the amount provided in the total project
construction budget for the portion of the project to be
constructed in Perkins County, South Dakota.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated--
(1) $15,000,000 for the planning and construction of the
water system under section 104; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after March 1, 1995.

[[Page H10591]]

TITLE II--PINE RIVER PROJECT CONVEYANCE ACT

SEC. 201. SHORT TITLE.

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

SEC. 202. DEFINITIONS.

For purposes of this title:
(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. 203. 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 206, 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
(b) and any quitclaim 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 title shall
relieve the holder of the license 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
subsection (b), then no Federal dam charge shall be levied
from the date of expiration of the present license.

SEC. 204. 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 in subsection (b) (the
``Jurisdictional Transfer''), concurrently with the
conveyance described in section 203(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) 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 203(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 title 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. 205. 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 section 203(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. 206. COMPLETION OF CONVEYANCE.

(a) In General.--The Secretary's completion of the
conveyance under section 203 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 203.

[[Page H10592]]

(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 203(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 203 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 203(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.
TITLE III--WELLTON-MOHAWK TRANSFER ACT

SEC. 301. SHORT TITLE.

This title may be referred to as the ``Wellton-Mohawk
Transfer Act''.

SEC. 302. TRANSFER.

The Secretary of the Interior (``Secretary'') is authorized
to carry out the terms of the Memorandum of Agreement No. 8-
AA-34-WAO14 (``Agreement'') dated July 10, 1998 between the
Secretary and the Wellton-Mohawk Irrigation and Drainage
District (``District'') providing for the transfer of works,
facilities, and lands to the District, including conveyance
of Acquired Lands, Public Lands, and Withdrawn Lands, as
defined in the Agreement.

SEC. 303. WATER AND POWER CONTRACTS.

Notwithstanding the transfer, the Secretary and the
Secretary of Energy shall provide for and deliver Colorado
River water and Parker-Davis Project Priority Use Power to
the District in accordance with the terms of existing
contracts with the District, including any amendments or
supplements thereto or extensions thereof and as provided
under section 2 of the Agreement.

SEC. 304. SAVINGS.

Nothing in this title shall affect any obligations under
the Colorado River Basin Salinity Control Act (Public Law 93-
320, 43 U.S.C. 1571).

SEC. 305. REPORT.

If transfer of works, facilities, and lands pursuant to the
Agreement has not occurred by July 1, 2000, the Secretary
shall report on the status of the transfer as provided in
section 5 of the Agreement.

SEC. 306. AUTHORIZATION

There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this title.
TITLE IV--SLY PARK DAM AND RESERVOIR, CALIFORNIA

SEC. 401. SHORT TITLE.

This title may be cited as the ``Sly Park Unit Conveyance
Act''.

SEC. 402. DEFINITIONS.

For purposes of this title:
(1) The term ``District'' means the El Dorado Irrigation
District, a political subdivision of the State of California
that has its principal place of business in the city of
Placerville, El Dorado County, California.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Project'' means all of the right, title, and
interest in and to the Sly Park Dam and Reservoir, Camp Creek
Diversion Dam and Tunnel, and conduits and canals held by the
United States pursuant to or related to the authorization in
the Act entitled ``An Act to authorize the American River
Basin Development, California, for irrigation and
reclamation, and for other purposes'', approved October 14,
1949 (63 Stat. 852 chapter 690);

SEC. 403. CONVEYANCE OF PROJECT.

(a) In General.--In consideration of the District accepting
the obligations of the Federal Government for the Project and
subject to the payment by the District of the net present
value of the remaining repayment obligation, as determined by
Office of Management and Budget Circular A-129 (in effect on
the date of enactment of this Act), the Secretary shall
convey the Project to the District.
(b) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance expeditiously, but
not later than 180 days after the date of the enactment of
this Act.
(2) Deadline if changes in operations intended.--If the
District intends to change Project operations as a result of
the conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes for the
purpose of completing any required environmental evaluation
associated with the conveyance; and
(B) shall complete the conveyance by not later than 2 years
after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this title before the
applicable deadline under paragraph (1) or (2), the full cost
of administrative action and environmental compliance for the
conveyance shall be borne by the Secretary. If the Secretary
completes the conveyance before that deadline, \1/2\ of such
cost shall be paid by the District.

SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS.

(a) In General.--Nothing in this title shall be construed
as significantly expanding or otherwise changing the use or
operation of the Project from its current use and operation.
(b) Future Alterations.--If the District alters the
operations or uses of the Project it shall comply with all
applicable laws or regulations governing such changes at that
time (subject to section 405).

SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

(a) Payment Obligations Not Affected.--The conveyance of
the Project under this title does not affect the payment
obligations of the District under the contract between the
District and the Secretary numbered 14-06-200-7734, as
amended by contracts numbered 14-06-200-4282A and 14-06-200-
8536A.
(b) Payment Obligations Extinguished.--Provision of
consideration by the District in accordance with section
403(b) shall extinguish all payment obligations under
contract numbered 14-06-200-949IR1 between the District and
the Secretary.

SEC. 406. RELATIONSHIP TO OTHER LAWS.

(a) Reclamation Laws.--Except as provided in subsection
(b), upon conveyance of the Project under this title, the
Reclamation Act of 1902 (82 Stat. 388) and all Acts
amendatory thereof or supplemental thereto shall not apply to
the Project.
(b) Payments Into the Central Valley Project Restoration
Fund.--The El Dorado Irrigation District shall continue to
make payments into the Central Valley Project Restoration
Fund for 31 years after the date of the enactment of this
Act. The District's obligation shall be calculated in the
same manner as Central Valley Project water contractors.

SEC. 407. LIABILITY.

Except as otherwise provided by law, effective on the date
of conveyance of the Project under this title, the United
States shall not be liable for damages of any kind arising
out of any act, omission, or occurrence based on its prior
ownership or operation of the conveyed property.
TITLE V--CLEAR CREEK DISTRIBUTION SYSTEM CONVEYANCE

SEC. 501. SHORT TITLE.

This title may be cited as the ``Clear Creek Distribution
System Conveyance Act''.

SEC. 502. DEFINITIONS.

For purposes of this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) District.--The term ``District'' means the Clear Creek
Community Services District, a California community services
district located in Shasta County, California.
(3) Reclamation.--The term ``Reclamation'' means the United
States Bureau of Reclamation.
(4) Agreement.--The term ``Agreement'' means Agreement No.
8-07-20-L6975 entitled ``Agreement Between the United States
and the Clear Creek Community Services District to Transfer
Title to the Clear Creek Distribution System to the Clear
Creek Community Services District.''
(5) Distribution system.--The term ``Distribution System''
means that term as defined in the Agreement.

SEC. 503. AUTHORITY TO CONVEY TITLE.

The Secretary is hereby authorized to convey title to the
Distribution System consistent with the terms and conditions
set forth in the Agreement.

SEC. 504. COMPLIANCE WITH OTHER LAWS.

Following conveyance of title as provided in this title,
the District shall comply with all requirements of Federal,
California, and local law as may be applicable to non-Federal
water distribution systems.

SEC. 505. NATIVE AMERICAN TRUST RESPONSIBILITY.

The Secretary shall ensure that any trust responsibilities
to any Native American Tribes that may be affected by the
transfer under this title are protected and fulfilled.

SEC. 506. LIABILITY.

Effective on the date of conveyance as provided in this
title, the District agrees that it

[[Page H10593]]

shall hold the United States harmless and shall indemnify the
United States for any and all claims, costs, damages, and
judgments of any kind arising out of any act, omission, or
occurrence relating to the Distribution System, except for
such claims, costs, or damages arising from acts of
negligence committed by the United States or by its
employees, agents, or contractors prior to the date of
conveyance for which the United States is found liable under
the Federal Tort Claims Act (28 U.S.C. 2671 et seq.),
provided such acts of negligence exclude all actions related
to the installation of the Distribution System and/or prior
billing and payment relative to the Distribution System.

SEC. 507. DEAUTHORIZATION.

Effective upon the date of conveyance, the Distribution
System is hereby deauthorized as a Federal Reclamation
Project facility. Thereafter, the District shall not be
entitled to receive any further Reclamation benefits relative
to the Distribution System. Such deauthorization shall not
affect any of the provisions of the District's existing water
service contract with the United States (contract number 14-
06-200-489-IR3), as it may be amended or supplemented. Nor
shall such deauthorization deprive the District of any
existing contractual or statutory entitlement to subsequent
interim renewals of such contract or renewal by entering into
a long-term water service contract.
TITLE VI--COLUSA BASIN WATERSHED INTEGRATED RESOURCES MANAGEMENT

SEC. 601. COLUSA BASIN WATERSHED INTEGRATED RESOURCES
MANAGEMENT.

(a) Short Title.--This section may be cited as the ``Colusa
Basin Watershed Integrated Resources Management Act''.
(b) Authorization of Assistance.--The Secretary of the
Interior (in this section referred to as the ``Secretary'')
may provide financial assistance to the Colusa Basin Drainage
District, California (in this section referred to as the
``District''), for use by the District or by local agencies
acting pursuant to section 413 of the State of California
statute known as the Colusa Basin Drainage Act (California
Stats. 1987, ch. 1399), as in effect on the date of the
enactment of this Act (in this section referred to as the
``State statute''), for planning, design, environmental
compliance, and construction required in carrying out
eligible projects in the Colusa Basin Watershed to--
(1)(A) reduce the risk of damage to urban and agricultural
areas from flooding or the discharge of drainage water or
tailwater;
(B) assist in groundwater recharge efforts to alleviate
overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and riparian
habitat; and
(2) capture, as an incidental purpose of any of the
purposes referred to in paragraph (1), surface or stormwater
for conservation, conjunctive use, and increased water
supplies.
(c) Project Selection.--
(1) Eligible projects.--A project shall be an eligible
project for purposes of subsection (b) only if it is--
(A) identified in the document entitled ``Colusa Basin
Water Management Program'', dated February 1995; and
(B) carried out in accordance with that document and all
environmental documentation requirements that apply to the
project under the laws of the United States and the State of
California.
(2) Compatibility requirement.--The Secretary shall ensure
that projects for which assistance is provided under this
section are not inconsistent with watershed protection and
environmental restoration efforts being carried out under the
authority of the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4706 et seq.) or the CALFED
Bay-Delta Program.
(d) Cost Sharing.--
(1) Non-federal share.--The Secretary shall require that
the District and cooperating non-Federal agencies or
organizations pay--
(A) 25 percent of the costs associated with construction of
any project carried out with assistance provided under this
section; and
(B) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to such a
project.
(2) Planning, design, and compliance assistance.--Funds
appropriated pursuant to this section may be made available
to fund all costs incurred for planning, design, and
environmental compliance activities by the District or by
local agencies acting pursuant to the State statute, in
accordance with agreements with the Secretary.
(3) Treatment of contributions.--For purposes of this
subsection, the Secretary shall treat the value of lands,
interests in lands (including rights-of-way and other
easements), and necessary relocations contributed by the
District to a project as a payment by the District of the
costs of the project.
(e) Costs Nonreimbursable.--Amounts expended pursuant to
this section shall be considered nonreimbursable for purposes
of the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 371 et
seq.), and Acts amendatory thereof and supplemental thereto.
(f) Agreements.--Funds appropriated pursuant to this
section may be made available to the District or a local
agency only if the District or local agency, as applicable,
has entered into a binding agreement with the Secretary--
(1) under which the District or the local agency is
required to pay the non-Federal share of the costs of
construction required by subsection (d)(1); and
(2) governing the funding of planning, design, and
compliance activities costs under subsection (d)(2).
(g) Reimbursement.--For project work (including work
associated with studies, planning, design, and construction)
carried out by the District or by a local agency acting
pursuant to the State statute referred to in subsection (b)
before the date amounts are provided for the project under
this section, the Secretary shall, subject to amounts being
made available in advance in appropriations Acts, reimburse
the District or the local agency, without interest, an amount
equal to the estimated Federal share of the cost of such work
under subsection (d).
(h) Cooperative Agreements.--
(1) In general.--The Secretary may enter into cooperative
agreements and contracts with the District to assist the
Secretary in carrying out the purposes of this section.
(2) Subcontracting.--Under such cooperative agreements and
contracts, the Secretary may authorize the District to manage
and let contracts and receive reimbursements, subject to
amounts being made available in advance in appropriations
Acts, for work carried out under such contracts or
subcontracts.
(i) Relationship to Reclamation Reform Act of 1982.--
Activities carried out, and financial assistance provided,
under this section shall not be considered a supplemental or
additional benefit for purposes of the Reclamation Reform Act
of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.).
(j) Appropriations Authorized.--There are authorized to be
appropriated to the Secretary to carry out this section
$25,000,000, plus such additional amount, if any, as may be
required by reason of changes in costs of services of the
types involved in the District's projects as shown by
engineering and other relevant indexes. Sums appropriated
under this subsection shall remain available until expended.
TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. TECHNICAL CORRECTIONS.

(a) Reduction of Waiting Period for Obligation of Funds
Provided Under Reclamation Safety of Dams Act of 1978.--
Section 5 of the Reclamation Safety of Dams Act of 1978 (92
Stat. 2471; 43 U.S.C. 509) is amended by striking ``sixty
days'' and all that follows through ``day certain)'' and
inserting ``30 calendar days''.
(b) Albuquerque Metropolitan Area Reclamation and Reuse
Project.--
(1) Technical corrections.--Section 1621 of the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C.
390h-12g) is amended--
(A) by amending the section heading to read as follows:

``SEC. 1621. ALBUQUERQUE METROPOLITAN AREA WATER RECLAMATION
AND REUSE PROJECT.'';

and
(B) in subsection (a) by striking ``Reuse'' and all that
follows through ``reclaim'' and inserting ``Reuse Project to
reclaim''.
(2) Clerical amendment.--The table of sections in section 2
of such Act is amended by striking the item relating to
section 1621 and inserting the following:

``Sec. 1621. Albuquerque Metropolitan Area Water Reclamation and Reuse
Project.''.
(c) Phoenix Metropolitan Water Reclamation and Reuse
Project.--Section 1608 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (106 Stat. 4666; 43
U.S.C. 390h-6) is amended--
(1) by amending subsection (a) to read as follows:
``(a) The Secretary, in cooperation with the city of
Phoenix, Arizona, shall participate in the planning, design,
and construction of the Phoenix Metropolitan Water
Reclamation and Reuse Project to utilize fully wastewater
from the regional wastewater treatment plant for direct
municipal, industrial, agricultural, and environmental
purposes, groundwater recharge, and indirect potable reuse in
the Phoenix metropolitan area.'';
(2) in subsection (b) by striking the first sentence; and
(3) by striking subsection (c).
(d) Refund of Certain Amounts Received Under Reclamation
Reform Act of 1982.--
(1) Refund required.--Subject to paragraph (2) and the
availability of appropriations, the Secretary of the Interior
shall refund fully amounts received by the United States as
collections under section 224(i) of the Reclamation Reform
Act of 1982 (101 Stat. 1330-268; 43 U.S.C. 390ww(i)) for paid
bills (including interest collected) issued by the Secretary
of the Interior before January 1, 1994, for full-cost charges
that were assessed for failure to file certain certification
or reporting forms under sections 206 and 224(c) of such Act
(96 Stat. 1266, 1272; 43 U.S.C. 390ff, 390ww(c)).
(2) Administrative fee.--In the case of a refund of amounts
collected in connection with sections 206 and 224(c) of the
Reclamation Reform Act of 1982 (96 Stat. 1266, 1272; 43
U.S.C. 390ff, 390ww(c)) with respect to any water year after
the 1987 water year, the amount refunded shall be reduced by
an administrative fee of $260 for each occurrence.
(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $3,000,000.
(e) Extension of Periods for Repayments for Nueces River
Reclamation Project and Canadian River Reclamation Project,
Texas.--Section 2 of the Emergency Drought

[[Page H10594]]

Relief Act of 1996 (Public Law 104-318; 110 Stat. 3862) is
amended by adding at the end the following new subsection:
``(c) Extension of Periods for Repayment.--Notwithstanding
any provision of the Reclamation Project Act of 1939 (43
U.S.C. 485 et seq.), the Secretary of the Interior--
``(1) shall extend the period for repayment by the city of
Corpus Christi, Texas, and the Nueces River Authority under
contract No. 6-07-01-X0675, relating to the Nueces River
reclamation project, Texas, until--
``(A) August 1, 2029, for repayment pursuant to the
municipal and industrial water supply benefits portion of the
contract; and
``(B) until August 1, 2044, for repayment pursuant to the
fish and wildlife and recreation benefits portion of the
contract; and
``(2) shall extend the period for repayment by the Canadian
River Municipal Water Authority under contract No. 14-06-500-
485, relating to the Canadian River reclamation project,
Texas, until October 1, 2021.''.
(f) Solano Project Water.--
(1) Authorization.--The Secretary of the Interior is
authorized to enter into contracts with the Solano County
Water Agency, or any of its member unit contractors for water
from the Solano Project, California, pursuant to the Act of
February 21, 1911 (43 U.S.C. 523), for--
(A) the impounding, storage, and carriage of nonproject
water for domestic, municipal, industrial, and other
beneficial purposes, using any facilities associated with the
Solano Project, California, and
(B) the exchange of water among Solano Project contractors,
for the purposes set forth in subparagraph (A), using
facilities associated with the Solano Project, California.
(2) Limitation.--The authorization under paragraph (1)
shall be limited to the use of that portion of the Solano
Project facilities downstream of Mile 26 of the Putah South
Canal (as that canal is depicted on the official maps of the
Bureau of Reclamation), which is below the diversion points
on the Putah South Canal utilized by the city of Fairfield
for delivery of Solano Project water.
(g) Fish Passage and Protective Facilities, Rogue River
Basin, Oregon.--The Secretary of the Interior is authorized
to use otherwise available amounts to provide up to
$2,000,000 in financial assistance to the Medford Irrigation
District and the Rogue River Valley Irrigation District for
the design and construction of fish passage and protective
facilities at North Fork Little Butte Creek Diversion Dam and
South Fork Little Butte Creek Diversion Dam in the Rogue
River basin, Oregon, if the Secretary determines in writing
that these facilities will enhance the fish recovery efforts
currently underway at the Rogue River Basin Project, Oregon.
(h) Limitation on Statutory Construction.--Nothing in this
Act shall be construed to abrogate or affect any obligation
of the United States under section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).

SEC. 702. DICKENSON, NORTH DAKOTA.

The Secretary of the Interior shall waive the scheduled
annual payments for fiscal years 1998 and 1999 under section
208 of the Energy and Water Development Appropriations Act,
1988 (Public Law 100-202; 101 Stat. 1329-118).

Mr. HANSEN (during the reading). Madam Speaker, I ask unanimous
consent that the amendment in the nature of a substitute be considered
as read and printed in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. MILLER of California. Madam Speaker, S. 2117 as amended
authorizes a number of relatively small but important provisions
affecting water resource projects and management in the Western United
States. The bill authorizes construction of a rural water system in
South Dakota, transfers ownership of several Bureau of Reclamation
projects to local water districts, authorizes several small projects in
the Colusa Basin of California, and provides financial assistance for
construction of water re-use projects in Phoenix and Albuquerque. The
bill also allows the City of Vallejo, California to use the water
conveyance facilities of the Bureau of Reclamation's Solano Project.
While I will not object to passage of this legislation, I will note
that some of the Reclamation project transfers included in S. 2117
remain problematic. In particular, serious environmental issues have
been raised regarding future management of the Wellton-Mohawk Division
of the Gila Project and the Sly Park Unit of the Central Valley
Project. The Bureau of Reclamation must work to determine the
conditions for transferring these projects that will preserve the
public benefits and avoid environmental damage from future project
operations.
The amendment in the nature of a substitute was agreed to.
The Senate bill was ordered to be read a third time, was read the
third time, and passed, and a motion to reconsider was laid on the
table.

____________________