[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.

                          ____________________