[Congressional Record Volume 145, Number 165 (Friday, November 19, 1999)]
[Senate]
[Pages S15164-S15166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             GRIFFITH PROJECT PREPAYMENT AND CONVEYANCE ACT

  The Senate proceeded to consider the bill (S. 986) to direct the 
Secretary of the Interior to convey the Griffith Project to the 
Southern Nevada Water Authority, which had been reported from the 
Committee on Energy and Natural Resources, with an amendment to strike 
all after the enacting clause and inserting in lieu thereof the 
following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Griffith Project Prepayment 
     and Conveyance Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) The term ``Authority'' means the Southern Nevada Water 
     Authority, organized under the laws of the State of Nevada.
       (2) The term ``Griffith Project'' means the Robert B. 
     Griffith Water Project, authorized by and constructed 
     pursuant to the Southern Nevada Water Project Act, Public Law 
     89-292, as amended, (commonly known as the ``Southern Nevada 
     Water Project Act'') (79 Stat. 1068), including pipelines, 
     conduits, pumping plants, intake facilities, aqueducts, 
     laterals, water storage and regulatory facilities, electric 
     substations, and related works and improvements listed 
     pursuant to ``Robert B. Griffith Water Project (Formerly 
     Southern Nevada Water Project), Nevada:

[[Page S15165]]

     Southern Clark County, Lower Colorado Region Bureau of 
     Reclamation'', on file at the Bureau of Reclamation and all 
     interests in land acquired under Public Law 89-292, as 
     amended.
       (3) The term ``Secretary'' means the Secretary of the 
     Interior.
       (4) The term ``Acquired Land(s)'' means all interests in 
     land, including fee title, right(s)-of-way, and easement(s), 
     acquired by the United States from non-Federal sources by 
     purchase, donation, exchange, or condemnation pursuant to 
     Public Law 89-292, as amended for the Griffith Project.
       (5) The term ``Public Land'' means lands which have never 
     left Federal ownership and are under the jurisdiction of the 
     Bureau of Land Management.
       (6) The term ``Withdrawn Land'' means Federal lands which 
     are withdrawn from settlement, sale, location of minerals, or 
     entry under some or all of the general land laws and are 
     reserved for a particular public purpose pursuant to Public 
     Law 89-292, as amended, under the jurisdiction of the Bureau 
     of Reclamation, or are reserved pursuant to Public Law 88-639 
     under the jurisdiction of the National Park Service.

     SEC. 3. CONVEYANCE OF GRIFFITH PROJECT.

       (a) In General.--In consideration of the Authority assuming 
     from the United States all liability for administration, 
     operation, maintenance, and replacement of the Griffith 
     Project and subject to the prepayment by the Authority of the 
     Federal repayment amount of $121,204,348 (which amount shall 
     be increased to reflect any accrued unpaid interest and shall 
     be decreased by the amount of any additional principal 
     payments made by the Authority after September 15, 1999, 
     prior to the date on which prepayment occurs), the Secretary 
     shall, pursuant to the provisions of this Act--
       (1) convey and assign to the Authority all of the right, 
     title, and interest of the United States in and to 
     improvements and facilities of the Griffith Project in 
     existence as of the date of this Act;
       (2) convey and assign to the Authority all of the right, 
     title, and interest of the United States to Acquired Lands 
     that were acquired for the Griffith Project; and
       (3) convey and assign to the Authority all interests 
     reserved and developed as of the date of this Act for the 
     Griffith Project in lands patented by the United States.
       (b) Pursuant to the authority of this section, from the 
     effective date of conveyance of the Griffith Project, the 
     Authority shall have a right of way at no cost across all 
     Public Land and Withdrawn Land--
       (1) on which the Griffith Project is situated; and
       (2) across any Federal lands as reasonably necessary for 
     the operation, maintenance, replacement, and repair of the 
     Griffith Project, including existing access routes.
     Rights of way established by this section shall be valid for 
     as long as they are needed for municipal water supply 
     purposes and shall not require payment of rental or other 
     fee.
       (c) Within twelve months after the effective date of this 
     Act--
       (1) the Secretary and the Authority shall agree upon a 
     description of the land subject to the rights of way 
     established by subsection (b) of this section; and
       (2) the Secretary shall deliver to the Authority a document 
     memorializing such rights of way.
       (d) Report.--If the conveyance under subsection (a) has not 
     occurred within twelve months after the effective date of 
     this Act, the Secretary shall submit to Congress a report on 
     the status of the conveyance.

     SEC. 4. RELATIONSHIP TO EXISTING CONTRACTS.

       The Secretary and the Authority may modify Contract No. 7-
     07-30-W0004 and other contracts and land permits as necessary 
     to conform to the provisions of this Act.

     SEC. 5. RELATIONSHIP TO OTHER LAWS AND FUTURE BENEFITS.

       (a) If the Authority changes the use or operation of the 
     Griffith Project, the Authority shall comply with all 
     applicable laws and regulations governing the changes at that 
     time.
       (b) On conveyance of the Griffith Project under section 3 
     of this Act, the Act of June 17, 1902 (43 U.S.C. 391 et 
     seq.), and all Acts amendatory thereof or supplemental 
     thereto shall not apply to the Griffith Project. 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 Act of June 17, 1902, 
     and all Acts amendatory thereof or supplemental thereto 
     attributable to their status as a Federal Reclamation 
     Project, and the Griffith Project shall no longer be a 
     Federal Reclamation Project.
       (c) Nothing in this Act shall transfer or affect Federal 
     ownership, rights, or interests in Lake Mead National 
     Recreation Area associated lands, nor affect the authorities 
     of the National Park Service to manage Lake Mead National 
     Recreation Area including lands on which the Griffith Project 
     is located consistent with the Act of August 25, 1916 (39 
     Stat. 535), Public Law 88-639, October 8, 1964 (78 Stat. 
     1039), or any other applicable legislation, regulation, or 
     policy.
       (d) Nothing in this Act shall affect the application of 
     Federal reclamation law to water delivered to the Authority 
     pursuant to any contract with the Secretary under section 5 
     of the Boulder Canyon Project Act.
       (e) Effective upon conveyance of the Griffith Project and 
     acquired interests in land under section 3 of this Act, 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 of the conveyed property.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 986), as amended, was passed, as follows:

                                 S. 986

       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 ``Griffith Project Prepayment 
     and Conveyance Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) The term ``Authority'' means the Southern Nevada Water 
     Authority, organized under the laws of the State of Nevada.
       (2) The term ``Griffith Project'' means the Robert B. 
     Griffith Water Project, authorized by and constructed 
     pursuant to the Southern Nevada Water Project Act, Public Law 
     89-292, as amended, (commonly known as the ``Southern Nevada 
     Water Project Act'') (79 Stat. 1068), including pipelines, 
     conduits, pumping plants, intake facilities, aqueducts, 
     laterals, water storage and regulatory facilities, electric 
     substations, and related works and improvements listed 
     pursuant to ``Robert B. Griffith Water Project (Formerly 
     Southern Nevada Water Project), Nevada: Southern Clark 
     County, Lower Colorado Region Bureau of Reclamation'', on 
     file at the Bureau of Reclamation and all interests in land 
     acquired under Public Law 89-292, as amended.
       (3) The term ``Secretary'' means the Secretary of the 
     Interior.
       (4) The term ``Acquired Land(s)'' means all interests in 
     land, including fee title, right(s)-of-way, and easement(s), 
     acquired by the United States from non-Federal sources by 
     purchase, donation, exchange, or condemnation pursuant to 
     Public Law 89-292, as amended for the Griffith Project.
       (5) The term ``Public Land'' means lands which have never 
     left Federal ownership and are under the jurisdiction of the 
     Bureau of Land Management.
       (6) The term ``Withdrawn Land'' means Federal lands which 
     are withdrawn from settlement, sale, location of minerals, or 
     entry under some or all of the general land laws and are 
     reserved for a particular public purpose pursuant to Public 
     Law 89-292, as amended, under the jurisdiction of the Bureau 
     of Reclamation, or are reserved pursuant to Public Law 88-639 
     under the jurisdiction of the National Park Service.

     SEC. 3. CONVEYANCE OF GRIFFITH PROJECT.

       (a) In General.--In consideration of the Authority assuming 
     from the United States all liability for administration, 
     operation, maintenance, and replacement of the Griffith 
     Project and subject to the prepayment by the Authority of the 
     Federal repayment amount of $121,204,348 (which amount shall 
     be increased to reflect any accrued unpaid interest and shall 
     be decreased by the amount of any additional principal 
     payments made by the Authority after September 15, 1999, 
     prior to the date on which prepayment occurs), the Secretary 
     shall, pursuant to the provisions of this Act--
       (1) convey and assign to the Authority all of the right, 
     title, and interest of the United States in and to 
     improvements and facilities of the Griffith Project in 
     existence as of the date of this Act;
       (2) convey and assign to the Authority all of the right, 
     title, and interest of the United States to Acquired Lands 
     that were acquired for the Griffith Project; and
       (3) convey and assign to the Authority all interests 
     reserved and developed as of the date of this Act for the 
     Griffith Project in lands patented by the United States.
       (b) Pursuant to the authority of this section, from the 
     effective date of conveyance of the Griffith Project, the 
     Authority shall have a right of way at no cost across all 
     Public Land and Withdrawn Land--
       (1) on which the Griffith Project is situated; and
       (2) across any Federal lands as reasonably necessary for 
     the operation, maintenance, replacement, and repair of the 
     Griffith Project, including existing access routes.
     Rights of way established by this section shall be valid for 
     as long as they are needed for municipal water supply 
     purposes and shall not require payment of rental or other 
     fee.
       (c) Within twelve months after the effective date of this 
     Act--
       (1) the Secretary and the Authority shall agree upon a 
     description of the land subject to the rights of way 
     established by subsection (b) of this section; and
       (2) the Secretary shall deliver to the Authority a document 
     memorializing such rights of way.
       (d) Report.--If the conveyance under subsection (a) has not 
     occurred within twelve months after the effective date of 
     this Act, the Secretary shall submit to Congress a report on 
     the status of the conveyance.

     SEC. 4. RELATIONSHIP TO EXISTING CONTRACTS.

       The Secretary and the Authority may modify Contract No. 7-
     07-30-W0004 and other contracts and land permits as necessary 
     to conform to the provisions of this Act.

     SEC. 5. RELATIONSHIP TO OTHER LAWS AND FUTURE BENEFITS.

       (a) If the Authority changes the use or operation of the 
     Griffith Project, the Authority shall comply with all 
     applicable laws and regulations governing the changes at that 
     time.
       (b) On conveyance of the Griffith Project under section 3 
     of this Act, the Act of June 17, 1902 (43 U.S.C. 391 et 
     seq.), and all Acts amendatory thereof or supplemental 
     thereto shall not apply to the Griffith Project. Effective 
     upon transfer, the lands and facilities

[[Page S15166]]

     transferred pursuant to this Act shall not be entitled to 
     receive any further Reclamation benefits pursuant to the Act 
     of June 17, 1902, and all Acts amendatory thereof or 
     supplemental thereto attributable to their status as a 
     Federal Reclamation Project, and the Griffith Project shall 
     no longer be a Federal Reclamation Project.
       (c) Nothing in this Act shall transfer or affect Federal 
     ownership, rights, or interests in Lake Mead National 
     Recreation Area associated lands, nor affect the authorities 
     of the National Park Service to manage Lake Mead National 
     Recreation Area including lands on which the Griffith Project 
     is located consistent with the Act of August 25, 1916 (39 
     Stat. 535), Public Law 88-639, October 8, 1964 (78 Stat. 
     1039), or any other applicable legislation, regulation, or 
     policy.
       (d) Nothing in this Act shall affect the application of 
     Federal reclamation law to water delivered to the Authority 
     pursuant to any contract with the Secretary under section 5 
     of the Boulder Canyon Project Act.
       (e) Effective upon conveyance of the Griffith Project and 
     acquired interests in land under section 3 of this Act, 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 of the conveyed property.

                          ____________________