[Congressional Record Volume 146, Number 110 (Monday, September 18, 2000)]
[House]
[Pages H7662-H7663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MISSOURI RIVER BASIN PROJECT CONVEYANCE
Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2984) to direct the Secretary of the Interior, through the
Bureau of Reclamation, to convey to the Loup Basin Reclamation
District, the Sargent River Irrigation District, and the Farwell
Irrigation District, Nebraska, property comprising the assets of the
Middle Loup Division of the Missouri River Basin Project, Nebraska, as
amended.
The Clerk read as follows:
H. R. 2984
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page H7663]]
SECTION 1. CONVEYANCE OF THE ASSETS OF THE MIDDLE LOUP
DIVISION OF THE MISSOURI RIVER BASIN PROJECT,
NEBRASKA.
(a) In General.--The Secretary shall, as soon as
practicable after the date of enactment of this Act and in
accordance with all applicable law, convey all right, title,
and interest in and to the property comprising the assets of
the Missouri River Basin Project, Middle Loup Division,
Nebraska, in accordance with the Memorandum of Understanding.
(b) Sale Price.--The Secretary shall accept $2,847,360 as
payment from the District and $2,600,000 as payment from the
power customers under the terms specified in this section, as
consideration for the conveyance under subsection (a). Out of
the receipts from the sale of power from the Pick-Sloan
Missouri Basin Program (Eastern Division) collected by the
Western Area Power Administration and deposited into the
Reclamation fund of the Treasury in fiscal year 2001,
$2,600,200 shall be treated as full and complete payment by
the power customers of such consideration and repayment by
the power customers of all aid to irrigation associated with
the facilities conveyed under subsection (a).
(c) Future Benefits.--Upon payment by the Districts of
consideration for the conveyance in accordance with the
Memorandum of Understanding, the Middle Loup Division of the
Missouri River Basin Project--
(1) shall not be treated as a Federal reclamation project;
and
(2) shall not be subject to the reclamation laws or
entitled to receive any reclamation benefits under those
laws.
(d) Liability.--Except as otherwise provided by law,
effective on the date of conveyance of the assets under this
section, 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 assets.
(e) Definitions.--In this section:
(1) Assets.--The term ``assets'' has the meaning that term
has in the Memorandum of Understanding.
(2) Districts.--The term ``Districts'' means the Loup Basin
Reclamation District, the Sargent River Irrigation District,
and the Farwell Irrigation District, Nebraska.
(3) Memorandum of understanding.--The term ``Memorandum of
Understanding'' means Bureau of Reclamation memorandum of
understanding number 99AG601285, entitled ``MEMORANDUM OF
UNDERSTANDING BETWEEN UNITED STATES DEPARTMENT OF THE
INTERIOR BUREAU OF RECLAMATION GREAT PLAINS REGION NEBRASKA-
KANSAS AREA OFFICE AND LOUP BASIN RECLAMATION DISTRICT
FARWELL IRRIGATION DISTRICT SARGENT IRRIGATION DISTRICT
CONCERNING PRINCIPLES AND ELEMENTS OF PROPOSED TRANSFER OF
TITLE TO WORKS, FACILITIES AND LANDS IN THE MIDDLE LOUP
DIVISION''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Gilchrest) and the gentleman from American Samoa (Mr.
Faleomavaega) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland (Mr. Gilchrest).
General Leave
Mr. Gilchrest. 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 H.R. 2984.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 2984 directs the Secretary of Interior to convey
all right, title and interest in the Middle Loup Division to the
Farwell Irrigation District; the Sargent Irrigation District; and the
Loup Basin Reclamation District, in the State of Nebraska, in
accordance with a signed memorandum of understanding between the Bureau
of Reclamation and the districts.
An agreement on the sale price has been worked out between the
districts, the Bureau of Reclamation and Western Area Power
Administration for the facilities to be conveyed under this act. I urge
an aye vote on this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, H.R. 2984, as amended, would direct to
the Bureau of Reclamation, subject to applicable law, to convey a
portion of the Pick-Sloan Missouri Basin flood control and irrigation
project to the Loup Basin Reclamation District, the Sargent River
Irrigation District and the Farwell Irrigation District in Nebraska.
This legislation, as amended, it is my understanding that the
administration supports it and at a later point in time I will reserve
the right to vote on this suspension bill.
Mr. Speaker, I yield back the balance of my time.
Mr. GILCHREST. Mr. Speaker, I yield back the balance of my time .
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Gilchrest) that the House suspend the
rules and pass the bill, H.R. 2984, as amended.
The question was taken.
Mr. FALEOMAVAEGA. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 8, rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________