[Congressional Record Volume 145, Number 48 (Thursday, March 25, 1999)]
[Senate]
[Pages S3569-S3570]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         CARLSBAD IRRIGATION PROJECT ACQUIRED LAND TRANSFER ACT

  The bill (S. 291) to convey certain real property within the Carlsbad 
Project in New Mexico to the Carlsbad Irrigation District, was 
considered, ordered to be engrossed for a third reading, read the third 
time, and passed; as follows:

                                 S. 291

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Carlsbad Irrigation Project 
     Acquired Land Transfer Act''.

     SEC. 2. CONVEYANCE.

       (a) Lands and Facilities.--
       (1) In general.--Except as provided in paragraph (2), and 
     subject to subsection (c), the Secretary of the Interior (in 
     this Act referred to as the ``Secretary'') may convey to the 
     Carlsbad Irrigation District (a quasi-municipal corporation 
     formed under the laws of the State of New Mexico and in this 
     Act referred to as the ``District''), all right, title, and 
     interest of the United States in and to the lands described 
     in subsection (b) (in this Act referred to as the ``acquired 
     lands'') and all interests the United States holds in the 
     irrigation and drainage system of the Carlsbad Project and 
     all related lands including ditch rider houses, maintenance 
     shop and buildings, and Pecos River Flume.
       (2) Limitation.--
       (A) Retained surface rights.--The Secretary shall retain 
     title to the surface estate (but not the mineral estate) of 
     such acquired lands which are located under the footprint of 
     Brantley and Avalon dams or any other project dam or 
     reservoir division structure.
       (B) Storage and flow easement.--The Secretary shall retain 
     storage and flow easements for any tracts located under the 
     maximum spillway elevations of Avalon and Brantley 
     Reservoirs.
       (b) Acquired Lands Described.--The lands referred to in 
     subsection (a) are those lands (including the surface and 
     mineral estate) in Eddy County, New Mexico, described as the 
     acquired lands and in section (7) of the ``Status of Lands 
     and Title Report: Carlsbad Project'' as reported by the 
     Bureau of Reclamation in 1978.
       (c) Terms and Conditions of Conveyance.--Any conveyance of 
     the acquired lands under this Act shall be subject to the 
     following terms and conditions:
       (1) Management and use, generally.--The conveyed lands 
     shall continue to be managed and used by the District for the 
     purposes for which the Carlsbad Project was authorized, based 
     on historic operations and consistent with the management of 
     other adjacent project lands.
       (2) Assumed rights and obligations.--Except as provided in 
     paragraph (3), the District shall assume all rights and 
     obligations of the United States under--
       (A) the agreement dated July 28, 1994, between the United 
     States and the Director, New Mexico Department of Game and 
     Fish (Document No. 2-LM-40-00640), relating to management of 
     certain lands near Brantley Reservoir for fish and wildlife 
     purposes; and
       (B) the agreement dated March 9, 1977, between the United 
     States and the New Mexico Department of Energy, Minerals, and 
     Natural Resources (Contract No. 7-07-57-X0888) for the 
     management and operation of Brantley Lake State Park.
       (3) Exceptions.--In relation to agreements referred to in 
     paragraph (2)--
       (A) the District shall not be obligated for any financial 
     support agreed to by the Secretary, or the Secretary's 
     designee, in either agreement; and
       (B) the District shall not be entitled to any receipts for 
     revenues generated as a result of either agreement.
       (d) Completion of Conveyance.--If the Secretary does not 
     complete the conveyance within 180 days from the date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Congress within 30 days after that period that includes a 
     detailed explanation of problems that have been encountered 
     in completing the conveyance, and specific steps that the 
     Secretary has taken or will take to complete the conveyance.

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

       (a) Identification and Notification of Leaseholders.--
     Within 120 days after the date of enactment of this Act, the 
     Secretary of the Interior shall--
       (1) provide to the District a written identification of all 
     mineral and grazing leases in effect on the acquired lands on 
     the date of enactment of this Act; and
       (2) notify all leaseholders of the conveyance authorized by 
     this Act.
       (b) Management of Mineral and Grazing Leases, Licenses, and 
     Permits.--The District shall assume all rights and 
     obligations of the United States for all mineral and grazing 
     leases, licenses, and permits existing on the acquired lands 
     conveyed under section 2, and shall be entitled to any 
     receipts from such leases, licenses, and permits accruing 
     after the date of conveyance. All such receipts shall be used 
     for purposes for which the Project was authorized and for 
     financing the portion of operations, maintenance, and 
     replacement of the Summer Dam which, prior to conveyance, was 
     the responsibility of the Bureau of Reclamation, with the 
     exception of major maintenance programs in progress prior to 
     conveyance which shall be funded through the cost share 
     formulas in place at the time of conveyance. The District 
     shall continue to adhere to the current Bureau of Reclamation 
     mineral leasing stipulations for the Carlsbad Project.
       (c) Availability of Amounts Paid Into Reclamation Fund.--
       (1) Existing receipts.--Receipts in the reclamation fund on 
     the date of enactment of this Act which exist as construction 
     credits to the Carlsbad Project under the terms of the 
     Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-359) 
     shall be deposited in the General Treasury and credited to 
     deficit reduction or retirement of the Federal debt.
       (2) Receipts after enactment.--Of the receipts from mineral 
     and grazing leases, licenses, and permits on acquired lands 
     to be conveyed under section 2, that are received by the 
     United States after the date of enactment and before the date 
     of conveyance--
       (A) not to exceed $200,000 shall be available to the 
     Secretary for the actual costs of implementing this Act with 
     any additional costs shared equally between the Secretary and 
     the District; and
       (B) the remainder shall be deposited into the General 
     Treasury of the United States and credited to deficit 
     reduction or retirement of the Federal debt.

     SEC. 4. VOLUNTARY WATER CONSERVATION PRACTICES.

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

     SEC. 5. LIABILITY.

       Effective on the date of conveyance of any lands and 
     facilities authorized by this Act, the United States shall 
     not be held liable by any court for damages of any kind 
     arising out of any act, omission, or occurrence relating to 
     the conveyed property, except for damages caused by acts of 
     negligence committed by the United States or by its 
     employees, agents, or contractors, prior to conveyance. 
     Nothing in this section shall be considered to increase the 
     liability of the United States beyond that provided under 
     chapter 171 of title 28, United States Code, popularly known 
     as the Federal Tort Claims Act.

     SEC. 6. FUTURE BENEFITS.

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

  Mr. DOMENICI. Mrs. President, I once again rise to express pleasure 
that the Senate has passed S. 291--the Carlsbad Irrigation Project 
Acquired Land Transfer Act. I, along with Congressman Skeen, have been 
working to convey tracts of land--paid for by Carlsbad Irrigation 
District and referred to as ``acquired lands''--back to the district, 
during the past several congresses. Identical legislation passed the 
Senate last year, it enjoys bi-partisan support, and hopefully will 
pass in the House of Representatives soon.
  The Carlsbad Irrigation District has had operations and maintenance 
responsibilities for this Bureau of Reclamation project for the past 66 
years. It met all the repayment obligations to the government in 1991, 
and it's about time we let the District have what is rightfully theirs. 
This legislation will not affect operations at the New Mexico state 
park at Brantley Dam, or the operations and ownership of the dam 
itself. Furthermore, the bill will not affect recreation activities in 
the area.
  This legislation accomplishes three main things: it allows conveyance 
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

[[Page S3570]]

deadline for the transfer, establishing a 50-50 cost-sharing standard 
for carrying out the transfer.
  Unfortunately, after years of testimony from the District and support 
from the Administration, this legislation failed to pass the House of 
Representatives in the waning days of the 105th Congress. With such 
continued support for this logical and fair bill, I hope the House will 
put aside its differences and pass this worthy legislation soon. The 
Carlsbad Irrigation District has been waiting more than long enough to 
begin getting the benefits for that which they have paid.

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