Congressional Record, Volume 146 Issue 68 (Tuesday, June 6, 2000)

[Congressional Record Volume 146, Number 68 (Tuesday, June 6, 2000)]
[House]
[Pages H3885-H3886]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CARLSBAD IRRIGATION PROJECT ACQUIRED LAND TRANSFER ACT

Mr. SHERWOOD. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 291) to convey certain real property within the
Carlsbad Project in New Mexico to the Carlsbad Irrigation District.
The Clerk read 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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Sherwood) and the gentleman from California (Mr.
George Miller) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Sherwood).

General Leave

Mr. SHERWOOD. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on S. 291.

[[Page H3886]]

The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. SHERWOOD. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 291, the Carlsbad Irrigation Project Acquired Land
Transfer Act, introduced by Senator Domenici of New Mexico, is the
companion bill to H.R. 1019, introduced by the gentleman from New
Mexico (Mr. Skeen), my esteemed colleague, that was reported from the
Committee on Resources last year.
For the last 6 years, the Subcommittee on Water and Power has pursued
legislation to shrink the size and scope of the Federal Government
through the defederalization of Bureau of Reclamation assets.
S. 291 continues this defederalization process by authorizing the
Secretary of the Interior to convey to the Carlsbad Irrigation District
all right, title, and interest of the United States in and to the
acquired lands and all interest the United States holds in the
irrigation and drainage system of the Carlsbad project and all related
land. The Carlsbad project is a paid-out, single purpose irrigation
project delivering stored water to approximately 25,000 acres of
farmland in southeastern New Mexico.
This bill is one of several working their way through the House and
Senate. It is the expectation of the committee that the Senate will
accelerate its work on the other transfer bills that currently await
action in the Senate.
Mr. Speaker, I yield the balance of my time to the gentleman from New
Mexico (Mr. Skeen), the author of the House version of the Carlsbad
transfer, and ask unanimous consent that he be permitted to control
that time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. SKEEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in enthusiastic and strong support of S. 291, the
Carlsbad Irrigation Project Acquired Land Transfer Act. S. 291 was
introduced by Senator Domenici and Senator Bingaman of New Mexico and
is the companion bill to H.R. 1019, legislation that I introduced,
which passed the Committee on Resources early last year. In fact, I
have introduced a version of H.R. 1019 each of the last three
Congresses only to run into some form of legislative or political brick
wall each time.
Ideally, I would have preferred to be debating H.R. 1019 right now in
lieu of S. 291, as I believe that H.R. 1019 is a stronger bill and will
serve the interests of Congress and the Carlsbad Irrigation District
best. However, discretion is the better part of valor, and I will be
pleased to finally send this bill to the President for his signature.
After all, Senate 291 does continue my long-held belief that the more
we can devolve the Federal rule and the local decision-making process
the better the management will be.
Now, for a history and justification. In 1905, the U.S. purchased
acquired lands from the Pecos Irrigation Company. The amount paid for
these lands or the methodology of repayment were contained within the
Carlsbad Irrigation District's repayment obligations to the United
States.

{time} 1330

The district has repaid all the project costs attributed to them,
which includes the acquired lands. Their obligations have been met in
full. As a single-purpose project, the district received no repayment
credits for flood control, recreation or other project beneficiaries.
The 1924 Fact Finders Act requires all revenues, except minerals
generated from the acquired lands, to be used by the district for the
project and the 1939 Minerals Leasing Act permits all mineral receipts
to be used by the district for district purposes. Both of these acts
apply whether the district is paid out or not.
In 1991, the district completed its repayment obligations. Almost
$2.5 million has accumulated in the Reclamation Fund on behalf of CID
and are currently available to offset new construction costs. Over 90
years of precedent and several Solicitor Generals reports clearly
recognize the District's right to all revenues from the acquired lands.
However, and as a sign of good will to mistaken opposition, the
district is waiving its justified right to the $2 million and allows it
to be credited towards the national deficit or debt reduction. That
ought to be interesting.
The district is also accepting the O&M costs of Sumner Dam, which is
currently the taxpayers' responsibility, and is accepting full
responsibility for the conveyed lands and facilities. In addition, the
district can only use revenues for maintenance and improvements of the
project.
The district is also waiving future eligibility for additional
reclamation benefits for the conveyed lands and facilities. And simply
put, the district is accepting the costs of the project and saving
taxpayer dollars in the process.
The responsible approach on behalf of taxpayers is absolution of the
taxpayers' future monetary obligations; and that is accomplished by
passage of this legislation, which requires the district's acceptance
of financial responsibility.
The State, the county, the city of Carlsbad have soundly endorsed the
legislation. The administration supports the legislation. And most
importantly, I support the bill.
Mr. Speaker, I want to thank the district manager, Tom Davis; board
chairman L.A. Johnson; Bill Ahrens; and the remainder of the board and
members of the district for their patience and faith in the process.
Finally, I would like to thank the gentleman from California
(Chairman Doolittle), the gentleman from Alaska (Chairman Young), and
the gentleman from California (Mr. George Miller) and the gentleman
from California (Mr. Dooley). For without each of their assistance,
what has been a long road would have been considerably longer.
In closing, I would be remiss to not mention the fine work of the
majority staff, Bob Faber and Josh Johnson, and minority staffer Steve
Lanich. We all know and appreciate the support the staff provides.
Mr. Speaker, I strongly urge passage of S. 291.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, it is with great admiration and great respect and high
regard for my colleague, the gentleman from New Mexico (Mr. Skeen),
that I rise in support of the Carlsbad Irrigation Project Acquired
Lands Transfer Act.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Pease). The question is on the motion
offered by the gentleman from Pennsylvania (Mr. Skeen) that the House
suspend the rules and pass the Senate bill, S. 291.
The question was taken.
Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the
yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

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