[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Senate]
[Pages S12974-S12979]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             PERKINS COUNTY RURAL WATER SYSTEM ACT OF 1998

  Mr. DeWINE. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the bill (S. 2117) to 
authorize the construction of the Perkins County Rural Water System and 
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.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 2117) entitled 
     ``An Act to authorize the construction of the Perkins County 
     Rural Water System and authorize financial assistance to the 
     Perkins County Rural Water System,

[[Page S12975]]

     Inc., a nonprofit corporation, in the planning and 
     construction of the water supply system, and for other 
     purposes'', do pass with the following amendment:
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.

       (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) 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. 105. 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. 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.
              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

[[Page S12976]]

     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.
       (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''.

[[Page S12977]]

     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 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.

[[Page S12978]]

       (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 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).


                           Amendment No. 3842

  Mr. DeWINE. Mr. President, I ask unanimous consent that the Senate 
concur in the amendment of the House with a further amendment which is 
at the desk on behalf of Senators Murkowski and Bumpers.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. DeWINE. Mr. President, I ask unanimous consent that the amendment 
be agreed to, and the motion to reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3842) was agreed to.
  Mr. DOMENICI. Mr. President, I am very pleased at the Senate's 
passage of S. 2117, as amended, which includes a number of legislative 
items of great interest to my home state of New Mexico. This 
legislation allows for transfer by the Secretaries of Agriculture and 
Interior real property and improvements at the old Jicarilla Ranger 
District Station, near the village of Gobernador, New Mexico to San 
Juan College. It also allows for transfer by the Secretary of the 
Interior real property and improvements at the old Coyote Ranger 
District Station, near the small town of Coyote, New Mexico, to Rio 
Arriba County. An additional provision will amend the National Trails 
System Act to designate El Camino Real de Tierra Adentro as a National 
Historic Trail, and finally, this bill will convey tracts of land--paid 
for by Carlsbad Irrigation District and referred to as ``acquired 
lands''--back to the district, which I have been working to accomplish 
for several congresses.

[[Page S12979]]

  All of these provisions have bipartisan and administrative support, 
and all will improve the lives of New Mexicans around the state. 
Regarding the Jicarilla Ranger District transfer, the Forest Service 
determined that the ten acres in question are of no further use to them 
and recently endorsed passage of this bill to provide long-term 
benefits for the people of San Juan County and the students and faculty 
of San Juan College in northwest New Mexico. The Coyote Ranger Station 
in northern New Mexico will also continue to be used for public 
purposes, including a community center, and a fire substation. Some of 
the buildings will also be available for Rio Arriba County to use for 
storage and repair of road maintenance equipment, and other County 
vehicles.
  Over one third of the land in New Mexico is owned by the federal 
government, and therefore finding appropriate sites for community and 
educational purposes can be difficult. These transfers are logical 
since they provide facilities and lands for community use while 
removing unwanted and unused land and facilities from federal 
ownership.
  Amending the National Trails System Act to designate El Camino Real 
de Tierra Adentro as a National Historic Trail, commemorating the 
Spanish settlement of the southwest United States is particularly 
appropriate in this year of the Cuartocentenario. 1998 is the 400th 
anniversary of the establishment of the first Spanish capital at San 
Juan Pueblo, the first terminus of the El Camino Real by Don Juan de 
Onate. We in New Mexico are most proud of this chapter in our Nation's 
history. This trail represents the migration route into the interior of 
the continent by Spanish settlers, and I am pleased that our nation 
will honor this part of its history.
  Finally, the transfer included which is specific to the Carlsbad 
project in New Mexico, directs the Carlsbad Irrigation District to 
continue to manage 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.
  This legislation is long overdue, is not contentious, and has in fact 
passed out of the Senate before. I urge prompt passage in the House of 
Representatives.
  I want to thank Senator Daschle for his help.

                          ____________________