[Congressional Record Volume 148, Number 122 (Tuesday, September 24, 2002)]
[House]
[Pages H6495-H6499]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     FREMONT-MADISON CONVEYANCE ACT

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4708) to authorize the Secretary of the Interior to convey 
certain facilities to the Fremont-Madison Irrigation District, as 
amended.
  The Clerk read as follows:

                               H.R. 4708

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

       TITLE I--FREMONT-MADISON IRRIGATION FACILITIES CONVEYANCE

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Fremont-Madison Conveyance 
     Act''.

     SEC. 102. CONVEYANCE OF FACILITIES.

       (a) Conveyance Requirement.--The Secretary of the Interior 
     shall convey to the Fremont-Madison Irrigation District, 
     Idaho, as soon as practicable after the date of enactment of 
     this Act and in accordance with all applicable law and 
     pursuant to the terms of the memorandum of agreement between 
     the District and the Secretary (Contract No. 1425-01-MA-10-
     3310). The Secretary shall include in the facilities conveyed 
     under this section all right, title, and interest of the 
     United States in and to the canals, laterals, drains, and 
     other components of the water distribution and drainage 
     system that is operated or maintained by the District for 
     delivery of water to and drainage of water from lands within 
     the boundaries of the District as they exist upon the date of 
     enactment of this Act, consistent with section 107.
       (b) Report.--If the Secretary has not completed any 
     conveyance required under this title by September 13, 2003, 
     the Secretary shall, by no later than that date, submit a 
     report to the Congress explaining the reasons that conveyance 
     has not been completed and stating the date by which the 
     conveyance will be completed.

     SEC. 103. COSTS.

       (a) In General.--The Secretary shall require, as a 
     condition of the conveyance under section 102, that the 
     District pay the administrative costs of the conveyance and 
     related activities, including the costs of any review 
     required under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) as described in Contract No. 1425-
     01-MA-10-3310.
       (b) Value of Facilities To Be Transferred.--In addition to 
     subsection (a) the Secretary shall also require, as condition 
     of the conveyance under section 102, that the District pay to 
     the United States the lesser of the net present value of the 
     remaining obligations owed by the District to the United 
     States with respect to the facilities conveyed, or $280,000. 
     Amounts received by the United States under this subsection 
     shall be deposited into the reclamation fund.

     SEC. 104. TETON EXCHANGE WELLS.

       (a) Contracts and Permit.--In conveying the Teton Exchange 
     Wells under section 102, the Secretary shall also convey to 
     the District--
       (1) Idaho Department of Water Resources permit number 22-
     7022, including drilled wells under the permit, as described 
     in Contract No. 1425-01-MA-10-3310; and
       (2) all equipment appurtenant to such wells.
       (b) Extension of Water Service Contract.--The water service 
     contract between

[[Page H6496]]

     the Secretary and the District (Contract No. 7-07-10-W0179, 
     dated September 16, 1977) is hereby extended and shall 
     continue in full force and effect until all conditions 
     described in this title are fulfilled.

     SEC. 105. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

       Prior to conveyance the Secretary shall complete all 
     actions as may be required under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other 
     applicable laws.

     SEC. 106. LIABILITY.

       Effective on the date of the conveyance of the facilities 
     described in section 102, 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 
     facilities, except for damages caused by acts of negligence 
     committed by the United States or by its employees, agents, 
     or contractors prior to the date of conveyance. Nothing in 
     this section may be deemed to increase the liability of the 
     United States beyond that currently provided in chapter 171 
     of title 28, United States Code, popularly known as the 
     Federal Tort Claims Act.

     SEC. 107. WATER SUPPLY TO DISTRICT LANDS.

       The Secretary shall increase the number of acres within the 
     District that are eligible to receive water from the Minidoka 
     Project and the Teton Basin Projects to reflect the number of 
     acres within the District as of the date of enactment of this 
     Act, which includes lands annexed into the District prior to 
     enactment of this Act as intended by the Teton Basin Project. 
     This section does not in any way authorize the use of any 
     additional Federal Reclamation project water beyond that 
     which is currently authorized under their existing water 
     storage contracts and as allowed by State water law.

     SEC. 108. EXISTING RIGHTS NOT AFFECTED.

       Nothing in this title affects the rights of any person 
     except as provided in this title. Any conveyance under this 
     title shall not affect or abrogate any provision of any 
     contract executed by the United States or State law regarding 
     any irrigation district's right to use water developed in the 
     facilities conveyed.

     SEC. 109. DEFINITIONS.

       In this title:
       (1) District.--The term ``District'' means the Fremont-
     Madison Irrigation District, an irrigation district organized 
     under the law of the State of Idaho.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

                  TITLE II--HUMBOLT PROJECT CONVEYANCE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Humboldt Project 
     Conveyance Act''.

     SEC. 202. DEFINITIONS.

       For purposes of this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) State.--The term ``State'' means the State of Nevada.
       (3) PCWCD.--The term ``PCWCD'' means the Pershing County 
     Water Conservation District, a public entity organized under 
     the laws of the State of Nevada.
       (4) Pershing county.--The term ``Pershing County'' means 
     the Pershing County government, a political subunit of the 
     State of Nevada.
       (5) Lander county.--The term ``Lander County'' means the 
     Lander County government, a political subunit of the State of 
     Nevada.

     SEC. 203. AUTHORITY TO CONVEY TITLE.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act and in accordance with all applicable 
     law, the Secretary shall convey all right, title, and 
     interest in and to the lands and features of the Humboldt 
     Project, including all water rights for storage and 
     diversion, to PCWCD, the State, Pershing County, and Lander 
     County, consistent with the terms and conditions set forth in 
     the Memorandum of Agreement between PCWCD and Lander County 
     dated January 24, 2000, the Conceptual Agreement between 
     PCWCD and the State dated October 18, 2001, the Letter of 
     Agreement between Pershing County and the State dated April 
     16, 2002, and any agreements between the Bureau of 
     Reclamation and PCWCD.
       (b) Compliance With Agreements.--All parties to the 
     conveyance under subsection (a) shall comply with the terms 
     and conditions of the agreements cited in subsection (a).
       (c) Report.--If the conveyance required by this section has 
     not been completed within 18 months after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on Resources of the House of Representatives 
     and the Committee on Energy and Natural Resources of the 
     Senate that describes--
       (1) the status of the conveyance;
       (2) any obstacles to completion of the conveyance; and
       (3) the anticipated date for completion of the conveyance.

     SEC. 204. PAYMENT.

       (a) In General.--As consideration for any conveyance 
     required by section 203, PCWCD shall pay to the United States 
     the net present value of miscellaneous revenues associated 
     with the lands and facilities to be conveyed.
       (b) Withdrawn Lands.--As consideration for any conveyance 
     of withdrawn lands required by section 203, the entity 
     receiving title shall pay the United States (in addition to 
     amounts paid under subsection (a)) the fair market value for 
     any such lands conveyed that were withdrawn from the public 
     domain pursuant to the Secretarial Orders dated March 16, 
     1934, and April 6, 1956.
       (c) Administrative Costs.--Administrative costs for 
     conveyance of any land or facility under this title shall be 
     paid in equal shares by the Secretary and the entity 
     receiving title to the land or facility, except costs 
     identified in subsections (d) and (e).
       (d) Real Estate Transfer Costs.--As a condition of any 
     conveyance of any land or facility required by section 203, 
     costs of all boundary surveys, title searches, cadastral 
     surveys, appraisals, and other real estate transactions 
     required for the conveyance shall be paid by the entity 
     receiving title to the land or facility.
       (e) NEPA Costs.--Costs associated with any review required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) for conveyance of any land or facility 
     under section 203 shall be paid in equal shares by the 
     Secretary and the entity receiving title to the land or 
     facility.
       (f) State of Nevada.--The State shall not be responsible 
     for any payments for land or facilities under this section. 
     Any proposal by the State to reconvey to another entity land 
     conveyed by the Secretary under this title shall be pursuant 
     to an agreement with the Secretary providing for fair market 
     value to the United States for the lands, and for continued 
     management of the lands for recreation, wildlife habitat, 
     wetlands, or resource conservation.

     SEC. 205. COMPLIANCE WITH OTHER LAWS.

       Following the conveyance required by section 203, the 
     district, the State, Pershing County, and Lander County 
     shall, with respect to the interests conveyed, comply with 
     all requirements of Federal, State, and local law applicable 
     to non-Federal water distribution systems.

     SEC. 206. REVOCATION OF WITHDRAWALS.

       Effective on the date of the conveyance required by section 
     203, the Secretarial Orders dated March 16, 1934, and April 
     6, 1956, that withdrew public lands for the Rye Patch 
     Reservoir and the Humboldt Sink, are hereby revoked.

     SEC. 207. LIABILITY.

       Effective on the date of the conveyance required by section 
     203, 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 Humboldt Project, except for 
     damages caused by acts of negligence committed by the United 
     States or by its employees or agents prior to the date of 
     conveyance. Nothing in this section shall be considered to 
     increase the liability of the United States beyond that 
     currently provided in chapter 171 of title 28, United States 
     Code, popularly known as the Federal Tort Claims Act.

     SEC. 208. NATIONAL ENVIRONMENTAL POLICY ACT.

       Prior to any conveyance under this title, the Secretary 
     shall complete all actions as may be required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), and all other applicable laws.

     SEC. 209. FUTURE BENEFITS.

       Upon conveyance of the lands and facilities by the 
     Secretary under this title, the Humboldt Project shall no 
     longer be a Federal reclamation project and the district 
     shall not be entitled to receive any future reclamation 
     benefits with respect to that project, except those benefits 
     that would be available to other nonreclamation districts.

       TITLE III--JICARILLA APACHE RESERVATION RURAL WATER SYSTEM

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Jicarilla Apache 
     Reservation Rural Water System Act''.

     SEC. 302. PURPOSES.

       The purposes of this title are as follows:
       (1) To ensure a safe and adequate rural, municipal, and 
     water supply and wastewater systems for the residents of the 
     Jicarilla Apache Reservation in the State of New Mexico in 
     accordance with Public Law 106-243.
       (2) To authorize the Secretary of the Interior, through the 
     Bureau of Reclamation, in consultation and collaboration with 
     the Jicarilla Apache Nation--
       (A) to plan, design, and construct the water supply, 
     delivery, and wastewater collection systems on the Jicarilla 
     Apache Reservation in the State of New Mexico; and
       (B) to include service connections to facilities within the 
     town of Dulce and the surrounding area, and to individuals as 
     part of the construction.
       (3) To require the Secretary, at the request of the 
     Jicarilla Apache Nation, to enter into a self-determination 
     contract with the Jicarilla Apache Nation under title I of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450f et seq.) under which--
       (A) the Jicarilla Apache Nation shall plan, design, and 
     construct the water supply, delivery, and wastewater 
     collection systems, including service connections to 
     communities and individuals; and
       (B) the Bureau of Reclamation shall provide technical 
     assistance and oversight responsibility for such project.
       (4) To establish a process in which the Jicarilla Apache 
     Nation shall assume title

[[Page H6497]]

     and responsibility for the ownership, operation, maintenance, 
     and replacement of the system.

     SEC. 303. DEFINITIONS.

       As used in this title:
       (1) BIA.--The term ``BIA'' means the Bureau of Indian 
     Affairs, an agency within the Department of the Interior.
       (2) Irrigation.--The term ``irrigation'' means the 
     commercial application of water to land for the purpose of 
     establishing or maintaining commercial agriculture in order 
     to produce field crops and vegetables for sale.
       (3) Reclamation.--The term ``Reclamation'' means the Bureau 
     of Reclamation, an agency within the Department of the 
     Interior.
       (4) Report.--The term ``Report'' means the report entitled 
     ``Planning Report/Environmental Assessment, Water and 
     Wastewater Improvements, Jicarilla Apache Nation, Dulce, New 
     Mexico'', dated September 2001, which was completed pursuant 
     to Public Law 106-243.
       (5) Reservation.--The term ``Reservation'' means the 
     Jicarilla Apache Reservation in the State of New Mexico, 
     including all lands and interests in land that are held in 
     trust by the United States for the Tribe.
       (6) Rural water supply project.--The term ``Rural Water 
     Supply Project'' means a municipal, domestic, rural, and 
     industrial water supply and wastewater facility area and 
     project identified to serve a group of towns, communities, 
     cities, tribal reservations, or dispersed farmsteads with 
     access to clean, safe domestic and industrial water, to 
     include the use of livestock.
       (7) State.--The term ``State'' means the State of New 
     Mexico.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Bureau of Reclamation.
       (9) Tribe.--The term ``Tribe'' means the Jicarilla Apache 
     Nation.

     SEC. 304. JICARILLA APACHE RESERVATION RURAL WATER SYSTEM.

       (a) Construction.--The Secretary, in consultation and 
     collaboration with the Tribe, shall plan, design, and 
     construct the Rural Water Supply Project to improve the water 
     supply, delivery, and wastewater facilities to the town of 
     Dulce, New Mexico, and surrounding communities for the 
     purpose of providing the benefits of clean, safe, and 
     reliable water supply, delivery, and wastewater facilities.
       (b) Scope of Project.--The Rural Water Supply Project shall 
     consist of the following:
       (1) Facilities to provide water supply, delivery, and 
     wastewater services for the community of Dulce, the Mundo 
     Ranch Development, and surrounding areas on the Reservation.
       (2) Pumping and treatment facilities located on the 
     Reservation.
       (3) Distribution, collection, and treatment facilities to 
     serve the needs of the Reservation, including, but not 
     limited to, construction, replacement, improvement, and 
     repair of existing water and wastewater systems, including 
     systems owned by individual tribal members and other 
     residents on the Reservation.
       (4) Appurtenant buildings and access roads.
       (5) Necessary property and property rights.
       (6) Such other electrical power transmission and 
     distribution facilities, pipelines, pumping plants, and 
     facilities as the Secretary deems necessary or appropriate to 
     meet the water supply, economic, public health, and 
     environmental needs of the Reservation, including, but not 
     limited to, water storage tanks, water lines, maintenance 
     equipment, and other facilities for the Tribe on the 
     Reservation.
       (c) Cost Sharing.--
       (1) Tribal share.--Subject to paragraph (3) and subsection 
     (d), the tribal share of the cost of the Rural Water Supply 
     Project is comprised of the costs to design and initiate 
     construction of the wastewater treatment plant, to replace 
     the diversion structure on the Navajo River, and to construct 
     raw water settling ponds, a water treatment plant, water 
     storage plants, a water transmission pipeline, and 
     distribution pipelines, and has been satisfied.
       (2) Federal share.--Subject to paragraph (3) and subsection 
     (d), the Federal share of the cost of the Rural Water Supply 
     Project shall be all remaining costs of the project 
     identified in the Report.
       (3) Operation and maintenance.--The Federal share of the 
     cost of operation and maintenance of the Rural Water Supply 
     Project shall continue to be available for operation and 
     maintenance in accordance with the Indian Self-Determination 
     Act, as set forth in this title.
       (d) Operation, Maintenance, and Replacement After 
     Completion.--Upon determination by the Secretary that the 
     Rural Water Supply Project is substantially complete, the 
     Tribe shall assume responsibility for and liability related 
     to the annual operation, maintenance, and replacement cost of 
     the project in accordance with this title and the Operation, 
     Maintenance, and Replacement Plan under chapter IV of the 
     Report.

     SEC. 305. GENERAL AUTHORITY.

       The Secretary is authorized to enter into contracts, 
     grants, cooperative agreements, and other such agreements and 
     to promulgate such regulations as may be necessary to carry 
     out the purposes and provisions of this title and the Indian 
     Self-Determination Act (Public Law 93-638; 25 U.S.C. 450 et 
     seq.).

     SEC. 306. PROJECT REQUIREMENTS.

       (a) Plans.--
       (1) Project plan.--Not later than 60 days after funds are 
     made available for this purpose, the Secretary shall prepare 
     a recommended project plan, which shall include a general map 
     showing the location of the proposed physical facilities, 
     conceptual engineering drawings of structures, and general 
     standards for design for the Rural Water Supply Project.
       (2) OM&R plan.--The Tribe shall develop an operation, 
     maintenance, and replacement plan, which shall provide the 
     necessary framework to assist the Tribe in establishing rates 
     and fees for customers of the Rural Water Supply Project.
       (b) Construction Manager.--The Secretary, through 
     Reclamation and in consultation with the Tribe, shall select 
     a project construction manager to work with the Tribe in the 
     planning, design, and construction of the Rural Water Supply 
     Project.
       (c) Memorandum of Agreement.--The Secretary shall enter 
     into a memorandum of agreement with the Tribe that commits 
     Reclamation and BIA to a transition plan that addresses 
     operations and maintenance of the Rural Water Supply Project 
     while the facilities are under construction and after 
     completion of construction.
       (d) Oversight.--The Secretary shall have oversight 
     responsibility with the Tribe and its constructing entity and 
     shall incorporate value engineering analysis as appropriate 
     to the Rural Water Supply Project.
       (e) Technical Assistance.--The Secretary shall provide such 
     technical assistance as may be necessary to the Tribe to 
     plan, develop, and construct the Rural Water Supply Project, 
     including, but not limited to, operation and management 
     training.
       (f) Service Area.--The service area of the Rural Water 
     Supply Project shall be within the boundaries of the 
     Reservation.
       (g) Other Law.--The planning, design, construction, 
     operation, and maintenance of the Rural Water Supply Project 
     shall be subject to the provisions of the Indian Self-
     Determination Act (25 U.S.C. 450 et seq.).
       (h) Report.--During the year that construction of the Rural 
     Water Supply Project begins and annually until such 
     construction is completed, the Secretary, through Reclamation 
     and in consultation with the Tribe, shall report to Congress 
     on the status of the planning, design, and construction of 
     the Rural Water Supply Project.
       (i) Title.--Title to the Rural Water Supply Project shall 
     be held in trust for the Tribe by the United States and shall 
     not be transferred or encumbered without a subsequent Act of 
     Congress.

     SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title $45,000,000 (January 2002 dollars) plus 
     or minus such amounts, if any, as may be justified by reason 
     of changes in construction costs as indicated by engineering 
     cost indexes applicable to the types of construction involved 
     for the planning, design, and construction of the Rural Water 
     Supply Project as generally described in the Report dated 
     September 2001.
       (b) Conditions.--Funds may not be appropriated for the 
     construction of any project authorized under this title until 
     after--
       (1) an appraisal investigation and a feasibility study have 
     been completed by the Secretary and the Tribe; and
       (2) the Secretary has determined that the plan required by 
     section 306(a)(2) is completed.
       (c) NEPA.--The Secretary shall not obligate funds for 
     construction until after the requirements of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are 
     met with respect to the Rural Water Supply Project.

     SEC. 308. PROHIBITION ON USE OF FUNDS FOR IRRIGATION 
                   PURPOSES.

       None of the funds made available to the Secretary for 
     planning or construction of the Rural Water Supply Project 
     may be used to plan or construct facilities used to supply 
     water for the purposes of irrigation.

     SEC. 309. WATER RIGHTS.

       The water rights of the Tribe are part of and included in 
     the Jicarilla Apache Tribe Water Rights Settlement Act 
     (Public Law 102-441). These rights are adjudicated under New 
     Mexico State law as a partial final judgment and decree 
     entered in the Eleventh Judicial District Court of New 
     Mexico. That Act and decree provide for sufficient water 
     rights under ``historic and existing uses'' to supply water 
     for the municipal water system. These water rights are 
     recognized depletions within the San Juan River basin and no 
     new depletions are associated with the Rural Water Supply 
     Project. In consultation with the United States Fish and 
     Wildlife Service, Reclamation has determined that there shall 
     be no significant impact to endangered species as a result of 
     water depletions associated with this project. No other water 
     rights of the Tribe shall be impacted by the Rural Water 
     Supply Project.

TITLE IV--TOM GREEN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 
                      REPAYMENT CONTRACT EXTENSION

     SEC. 401. TOM GREEN COUNTY WATER CONTROL AND IMPROVEMENT 
                   DISTRICT NO. 1; REPAYMENT PERIOD EXTENDED.

       The Secretary of the Interior may revise the repayment 
     contract with the Tom Green County Water Control and 
     Improvement District No. 1 numbered 14-06-500-369, by 
     extending the period authorized for repayment of reimbursable 
     constructions costs of the San Angelo project from 40 years 
     to 50 years.


[[Page H6498]]


  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from West Virginia (Mr. Rahall) 
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.
  H.R. 4708, the Fremont-Madison Conveyance Act of 2002, directs the 
Secretary of the Interior to transfer all right, title and interest of 
the United States in and to all components of the water system that are 
operated and maintained by the Fremont-Madison Irrigation District to 
the district. This title transfer must take place pursuant to a 
memorandum of agreement between the Secretary of the Interior and 
Fremont-Madison Irrigation District dated September 13, 2001.
  The second component of this bill is H.R. 5039, the Humboldt Project 
Conveyance Act of 2002. H.R. 5039, the Humboldt Project Conveyance Act 
of 2002, directs the Secretary of the Interior to transfer the title 
and interest of the United States in and to certain irrigation project 
property in the Humboldt Project, Nevada, that are operated and 
maintained by the Pershing County Water Conservation District to the 
district. This title transfer must take place pursuant to a memorandum 
of agreement between the Secretary of the Interior acting through the 
Bureau of Reclamation and Pershing County Water Conservation District.
  The third component is H.R. 3223, Jicarilla Apache Reservation Rural 
Water System Act of 2001. H.R. 3222, the Jicarilla Apache Reservation 
Rural Water System Act of 2001, will allow the Jicarilla Apache Nation 
to work with the Bureau of Reclamation to plan, design and construct a 
water supply delivery and wastewater collection system which would 
bring the water quality up to Federal water quality standards and allow 
for continued development in the area by expanding the quality of 
potable water available.
  The fourth component is H.R. 4910, to revise the repayment contract 
with the Tom Green County Water Control and Improvement District No. 1, 
San Angelo Project, Texas. H.R. 4910 authorizes the Secretary of the 
Interior to revise a repayment contract with the Tom Green County Water 
Control and Improvement District No. 1 in Texas. Due to the ongoing 
drought in the area, the district has had very limited quantities of 
water to deliver to their constituents and limited revenues to repay 
their required repayment obligation. This bill will authorize the 
Secretary to extend the repayment period to allow the annual payments 
to remain constant and allow for the repayment of the remaining 
obligation over a longer period of time.
  All of these measures are noncontroversial bills. I urge their 
passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
  The majority has already explained this bill, which would address 
water management needs in four western States. It is important to 
mention that certain conditions must be met before local project 
sponsors take over any project facilities now owned by the United 
States. Prior to completing the project conveyances authorized in title 
I and II of this bill, the Secretary of the Interior is directed to 
comply with all applicable statutes. This includes the National 
Environmental Policy Act, the Endangered Species Act, the National 
Historic Preservation Act, and any other laws that apply to the 
transfer.
  The Congress recognizes that there may be ways to condition the 
transfers to mitigate any issues raised during the environmental 
reviews conducted prior to conveyance. But compliance with applicable 
laws prior to conveyance is not optional; it is required by the bill.
  I extend my compliments to the gentleman from New Mexico (Mr. Udall) 
for his hard work on title III of this bill, which will literally 
change the lives of the people who live in the affected area of the 
State of New Mexico. The gentleman from New Mexico is a very 
distinguished and hardworking representative for his people and 
deserves a great deal of praise for what has gone into this particular 
legislation.
  In addition, I would note that title IV of this bill includes 
legislation sponsored by the gentleman from Texas (Mr. Stenholm). His 
leadership in sponsoring this worthy legislation will assist farmers in 
his district as they cope with the continuing drought. I commend the 
gentleman from Texas for his suburb leadership.
  Mr. Speaker, I yield such time as he may consume to the distinguished 
gentleman from New Mexico (Mr. Udall).

                              {time}  1545

  Mr. UDALL of New Mexico. Mr. Speaker, I thank the ranking member, the 
gentleman from West Virginia (Mr. Rahall), and the gentleman from Utah 
(Chairman Hansen), for all of their hard work and leadership on this 
bill.
  I rise today to speak to title III of H.R. 4708, which contains the 
Jicarilla Apache Rural Water System Act which I introduced on November 
1, 2001, and which the Committee on Resources reported to the House on 
September 4, 2002.
  I would like to thank the 12 bipartisan cosponsors of this 
legislation, and I am thankful to the committee for including these 
provisions in this overall bill.
  The Jicarilla Apache Rural Water System Act will greatly improve the 
quality of safe and reliable drinking water to the reservation. It will 
also support an adequate wastewater treatment system. This legislation 
addresses critical public health issues for the tribe and for North-
Central New Mexico.
  For over 2 decades, the current system, the Dulce municipal water 
system, has deteriorated due to a lack of funds and capital 
improvements made by the Federal trustee. The Jicarilla Nation has 
invested $14 million in their efforts to improve the quality of its 
municipal water and waste water system. The Jicarilla's investment of 
over $14 million is roughly 25 percent of the total project cost.
  The lack of investment and rehabilitation in the municipal water 
system constructed by the BIA in the 1920s and expanded in the 1960s 
has led to the delivery of inadequate water to the residents of the 
reservation and surrounding communities. The completion of this project 
will allow tribal development, such as building additional housing, 
schools, medical facilities and elderly care facilities, just to name a 
few.
  This legislation will enable the Jicarilla Apache Nation to work with 
the Bureau of Reclamation to plan, design and construct the water 
supply, delivery and waste water collection system. These improvements 
would bring the water quality up to Federal water quality standards.
  In addition, the legislation will allow for continued development in 
the area of expanding the quantity of potable water. The Bureau of 
Reclamation will be responsible for the construction costs of this 
project, while the Jicarilla Apache Nation will assume the annual 
operation, maintenance and replacement costs of the project.
  I would also like to thank Lori Sonken, Steve Lanich and Marie Howard 
of the Committee on Resources minority staff, as well as Josh Johnson 
and Doug Yoder of the Committee on Resources majority staff for working 
closely with my office on this important legislation.
  Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Nevada (Mr. Gibbons).
  Mr. GIBBONS. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, my bill, H.R. 5039, would direct the Secretary of 
Interior to convey title to certain irrigation project property in the 
Humboldt Project, Nevada, to the Pershing County Water Control 
District, the State of Nevada and to Lander and Pershing Counties.
  The Pershing County Water Conservation District will receive the Rye 
Patch Reservoir along with specific lands along the reservoir and title 
for acquired passage lands. The State of Nevada will receive all the 
withdrawn lands above the high water mark at Rye Patch to be added to 
existing State park and withdrawn lands in the Humboldt Sink area and 
in Lander County to be managed as wetlands.
  All lands being conveyed to the State will be used for recreation, 
wildlife

[[Page H6499]]

habitat, wetlands or resource conversation, pursuant to the agreement 
between the State of Nevada and the Pershing County Water Conservation 
District. Lander County will receive title to designated pasture lands 
and Pershing County will acquire lands immediately adjacent to Derby 
Airport for maintenance and future expansion purposes.
  Over the past 5 years, the Pershing County Water Conservation 
District has undergone an extensive consensus-based process with the 
Federal Government, the counties and the State of Nevada. They have 
also conducted outreach with local representatives of environmental 
organizations.
  As a result of public comments received through scoping meetings and 
in their other convenient views, the Pershing County Water Conservation 
District has continued to reformulate their proposal in a sincere 
attempt to address all concerns. They should be commended for their 
efforts.
  Mr. Speaker, this bill ratifies agreement between the Bureau of 
Reclamation and the Pershing County Water Conservation District, the 
State and the counties. It has the support of the Governor of Nevada, 
the Humboldt River Basin Water Authority and the counties of Lander and 
Pershing in Nevada as well. The Department of Interior and the Bureau 
of Reclamation are on record as supporters of transferring title to the 
reclamation project to the local entities.
  This is the third and hopefully final attempt to obtain title to 
Humboldt Project facilities since it repaid its original project loan 
back in 1978. The Pershing County Water Conservation District operates 
and maintains the project and its constituents are the sole 
beneficiaries of the project. Local control is the logical choice.
  Mr. Speaker, I encourage my colleagues to pass this legislation.
  Mr. STENHOLM. Mr. Speaker, I rise in strong support of H.R. 4708, 
which includes legislation I introduced to extend a repayment period 
for the Tom Green County Water Control and Improvement District No. 1.
  The Tom Green County Water Control and Improvement District No. 1 has 
an outstanding loan with the Department of Interior for the 
construction of an irrigation canal. The remaining balance is 
approximately $2.4 million. The farmers in the District have made 
diligent efforts to make timely payments on the contract. They have 
paid 38 percent (about $1.5 million) of the original debt owed to the 
Department of Interior despite the fact that they have yet to receive a 
fair return on their investment.
  In West Texas, there is virtually nothing of a higher daily concern 
than the availability of water. In recent years, Texas has been 
devastated by drought. As a result, the farmers have received a full 
year's allocation of irrigation water only 50 percent of the time. 
Moreover, for the other 50 percent of the time, they received either 
less than the annual allocation or no irrigation water at all.
  Payment on the debt has never been forgiven, even in years when the 
District received no water. Deferments have been granted seven times; 
however, those payments still have to be made. They are added to the 
remaining balance and the payments continue to get higher annually 
because the original contract end date does not change.
  To make matters worse, the concrete lining placed in the canal in 
1960 has started to deteriorate after forty-two years and repairs are 
necessary. These repairs are very expensive. Farmers simply cannot 
sustain paying the costs of the annual operation and maintenance costs 
due to the irrigation district, the bureau of Reclamation annual 
payment, and extensive repair costs when little or no water is 
available.
  The Bureau of Reclamation has stated that the increased payments, as 
a result of continued deferments due to the drought conditions, are 
making it increasingly difficult on the farmers' ability to repay the 
annual payments. The increased annual payments place additional 
financial burdens on the District and increasing these payments further 
will only lead to future difficulty that the Bureau of Reclamation 
cannot remedy. Only Congress can remedy the long-term problem, which is 
why I have introduced H.R. 4910 to get this loan restructured.
  This legislation would allow the Secretary of Interior to revise the 
repayment contract (No. 14-06-500-369) by extending the period 
authorized for repayment of reimbursable construction costs of the 
canal from 40 to 50 years.
  These Tom Green County farmers have been doing their part to meet 
their responsibilities. When year-after-year the water was unavailable, 
their only recourse was to ask for an extension on the loan. I'm glad 
Tom Green County Commissioner Clayton Friend brought this to my 
attention and I'm very appreciative of the speedy Resources Committee 
action. I have high hopes that we will be able to get this bill to the 
President within the next few weeks.
  On behalf of the farmers in my district, I urge you to support H.R. 
4708.
  Mr. SIMPSON. Mr. Speaker, I rise today to thank you for considering 
H.R. 4708, the Freemont Madison Conveyance Act. Under H.R. 4708, the 
Cross-cut Diversion Dam, Cross-cut Canal and five wells with associated 
water rights would be owned and operated by the FMID. The district has 
operated and maintained these facilities since they were constructed.
  In July the Resources Committee held a hearing on H.R. 4708. During 
this hearing the Bureau of Reclamation expressed concern over capping 
the costs for the required NEPA study and administrative costs 
associated with the transfer.
  After the hearing I worked with the Bureau and Freemont Madison 
Irrigation District to find a solution that is acceptable. The 
Resources Committee marked up an amended version of H.R. 4708. The 
amendment in the nature of the substitute was agreed up by all 
interested parties and was subsequently reported out of the Committee 
by unanimous consent.
  This bill is the culmination of many years of hard work by the 
members of the Freemont-Madison Irrigation District. In fact, it is one 
of the first issues I was approached with when I was elected to my 
first term in the House almost four years ago. I know the members of 
the Freemont-Madison will continue to provide quality service and 
remain the good stewards of the natural resources that are at their 
disposal upon transfer of this title and I look forward to the passage 
of H.R. 4708.
  Mr. RAHALL. 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 (Mr. Jeff Miller of Florida). 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. 4708, 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.
  The title is amended so as to read: ``A bill to authorize the 
Secretary of the Interior to convey certain facilities to the Fremont-
Madison Irrigation District, and for other purposes.''.
  A motion to reconsider was laid on the table.

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