[Congressional Record Volume 146, Number 121 (Tuesday, October 3, 2000)]
[House]
[Page H8721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      NORTHERN COLORADO WATER CONSERVANCY DISTRICT LAND CONVEYANCE

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4389) to direct the Secretary of the Interior to convey 
certain water distribution facilities to the Northern Colorado Water 
Conservancy District, as amended.
  The Clerk read as follows:

                               H.R. 4389

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

     SECTION 1. DEFINITIONS.

       In this Act:
       (1) Contract.--The term ``contract'' means the contract 
     between the United States and the Northern Colorado Water 
     Conservancy District providing for the construction of the 
     Colorado-Big Thompson Project, dated July 5, 1938 (including 
     any amendments and supplements).
       (2) District.--The term ``District'' means the Northern 
     Colorado Water Conservancy District.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Transferred water distribution facilities.--The term 
     ``transferred water distribution facilities'' means the North 
     Poudre Supply Canal and Diversion Works, also known as the 
     Munroe Gravity Canal, the Charles Hansen (Supply) Canal and 
     Windsor Extension, and the Dixon Feeder Canal, all of which 
     are facilities of the Colorado-Big Thompson Project located 
     in Larimer County, Colorado.

      SEC. 2. CONVEYANCE OF TRANSFERRED WATER DISTRIBUTION 
                   FACILITIES.

       (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 to the District 
     all right, title, and interest in and to the transferred 
     water distribution facilities.
       (b) Sale Price.--
       (1) In general.--The Secretary shall accept $150,315 as 
     payment from the District and $1,798,200 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 Loveland Area 
     Projects collected by the Western Area Power Administration 
     and deposited into the Reclamation fund of the Treasury in 
     fiscal year 2001, $1,798,200 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).
       (2) No effect on obligations and rights.--Except as 
     expressly provided in this Act, nothing in this Act affects 
     or modifies the obligations and rights of the District under 
     the contract.
       (3) Payments.--Except as provided in subsection (c), the 
     District shall continue to make such payments as are required 
     under the contract.
       (c) Credit Toward Project Repayment.--Upon payment by the 
     District of the amount authorized to be accepted from the 
     District under subsection (b)(1), the amount paid shall be 
     credited toward repayment of capital costs of the Colorado-
     Big Thompson Project in an amount equal to the associated 
     undiscounted obligation for repayment of the capital costs.

      SEC. 3. LIABILITY.

       Except as otherwise provided by law, effective on the date 
     of conveyance of the transferred water distribution 
     facilities under this Act, the United States shall not be 
     liable for damages of any kind arising out of any act, 
     omission, or occurrence based on any prior ownership or 
     operation by the United States of the conveyed property.

  The SPEAKER pro tempore. Pursuant to the rule the gentleman from Utah 
(Mr. Hansen) and the gentleman from American Samoa (Mr. Faleomavaega) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4389 transfers a small component of a much larger 
project. The larger overall project was built from 1938 to 1957 and 
called the Colorado-Big Thompson project. The water is used primarily 
to help irrigate 615,000 acres of northeastern Colorado farmland.
  The proposed legislation will divest the Bureau of Reclamation of 
responsibility for future management, liability and replacement of the 
North Poudre Supply Canal and Diversion Works, the Charles Hansen 
Supply Canal and Windsor Extension, and the Dixon Feeder Canal.
  An agreement on the sale price has been worked out between the 
District, 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, I will not oppose the provisions of 
this bill. I ask that my colleagues support this legislation.
  Mr. GEORGE MILLER of California. Mr. Speaker, while I will not oppose 
H.R. 4389, I will note that this project transfer bill does not in my 
view represent good stewardship of a valuable Federal asset. The bill 
is full of generalities, and the United States and taxpayer-owners get 
practically nothing out of this deal. No environmental benefits will 
result from this transfer, and public involvement opportunities are 
minimal. My formal views on H.R. 4389 are set forth in the Committee 
Report accompanying the bill.
  The bill mandates conveyance without first allowing the Secretary to 
determine whether such a conveyance is in the public interest. The bill 
should, instead simply authorize the conveyance so the Secretary can 
make such a determination.
  The bill does not provide for local public involvement prior to final 
action on the transfer.
  The bill fails to provide for environmental protection and 
enhancement. Environmental protection and enhancement are the 
appropriate quid pro quo to mitigate for post-transfer loss of federal 
control and applicability of most federal laws.
  Finally, H.R. 4389 creates a fixed ``sale price'' prior to knowing 
the details of the transfer. The United States should negotiate a fair 
price for the conveyance only after the terms and conditions of 
transfer are established through negotiations with local stakeholders.
  Transfers of Western water projects to local beneficiaries are not 
inherently bad, but H.R. 4389 should not be used as a template for 
future transfers. These projects are publicly-owned, and taxpayer 
interests should be recognized and protected.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. 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 Utah (Mr. Hansen) that the House suspend the rules and 
pass the bill, H.R. 4389, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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