[Congressional Record Volume 148, Number 150 (Tuesday, November 19, 2002)]
[Senate]
[Pages S11645-S11647]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     FREMONT-MADISON CONVEYANCE ACT

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 645, S. 2556.
  The ACTING PRESIDENT pro tempore. The clerk will report the bill by 
title.
  The legislative clerk read as follows:

       A bill (S. 2556) to authorize the Secretary of the Interior 
     to convey certain facilities to the Fremont-Madison 
     Irrigation District in the State of Idaho.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
Italic.]

                                S. 2556

       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 ``Fremont-Madison Conveyance 
     Act''.

[[Page S11646]]

     [SEC. 2. DEFINITIONS.

       [In this Act:
       [(1) Agreement.--The term ``Agreement'' means the 
     memorandum of agreement between the Secretary and the 
     District identified as Contract No. 1425-01-MA-10-3310, and 
     dated September 13, 2001.
       [(2) District.--The term ``District'' means the Fremont-
     Madison Irrigation District, an irrigation district organized 
     under State law.
       [(3) Facility.--The term ``facility'' means--
       [(A) the Cross Cut Diversion Dam, the Cross Cut Canal, and 
     the Teton Exchange Wells in the State;
       [(B) any canal, lateral, drain, or other component of the 
     water distribution and drainage system that, on the date of 
     enactment of this Act, is operated or maintained by the 
     District to deliver water to and drainage of water from land 
     within the boundaries of the District; and
       [(C) with respect to the Teton Exchange Wells--
       [(i) Idaho Department of Water Resources permit number 22-
     7022, including drilled wells under the permit, as described 
     in the Agreement; and
       [(ii) any appurtenant equipment.
       [(4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       [(5) State.--The term ``State'' means the State of Idaho.

     [SEC. 3. CONVEYANCE OF FACILITIES.

       [(a) In General.--As soon as practicable after the date of 
     enactment of this Act, but not later than September 13, 2003, 
     subject to applicable laws and in accordance with the 
     Agreement, the Secretary shall convey to the District all 
     right, title, and interest of the United States in and to the 
     facilities.
       [(b) Consideration.--
       [(1) In general.--In exchange for the conveyance of the 
     facilities under subsection (a), the District shall pay to 
     the Secretary an amount equal to the lesser of--
       [(A) the net value of any remaining obligations owed to the 
     United States by the District with respect to the facilities 
     conveyed, as determined on the date of the conveyance; or
       [(B) $280,000.
       [(2) Administrative costs.--
       [(A) In general.--In addition to amounts paid to the 
     Secretary under paragraph (1), the District shall pay to the 
     Secretary, subject to subparagraph (B), any administrative 
     costs incurred by the Secretary in conveying the facilities, 
     including the costs of carrying out a review under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       [(B) Limitation.--The District shall pay to the Secretary 
     not more than $40,000 in administrative costs under 
     subparagraph (A).
       [(3) Deposit.--Amounts received by the Secretary under 
     paragraph (1) or (2) shall be deposited in the reclamation 
     fund established under the first section of the Act of June 
     17, 1902 (43 U.S.C. 391).
       [(c) Condition.--As a condition of the conveyance under 
     subsection (a), the Secretary shall, not later than the date 
     on which the facilities are conveyed, comply with any 
     applicable requirements of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.).

     [SEC. 4. LIABILITY.

       [(a) In General.--Beginning on the date on which the 
     facilities are conveyed under section 3(a), the United States 
     shall not be liable, except as provided in subsection (b), 
     under any Federal or State law for damage from any act, 
     omission, or occurrence relating to the facilities.
       [(b) Exception.--Notwithstanding subsection (a), the United 
     States shall be liable for damage caused by acts of 
     negligence committed by the United States or by an employee, 
     agent, or contractor of the United States, before the date on 
     which the facilities are conveyed under section 3(a).
       [(c) Federal Tort Claims.--Nothing in this section 
     increases the liability of the United States beyond that 
     provided in chapter 171 of title 28, United States Code 
     (commonly known as the ``Federal Tort Claims Act'') as in 
     effect on the date of enactment of this Act.

     [SEC. 5. WATER SUPPLY TO DISTRICT LAND.

       [(a) In General.--The Secretary shall increase, by a 
     quantity equal to the number of acres that are in the 
     District on the date of enactment of this Act, the number of 
     acres in the District that are eligible to receive water from 
     the Minidoka Project and the Teton Basin Project.
       [(b) Extension of Water Service Contract.--The water 
     service contract between the Secretary and the District, 
     numbered 7-07-10-W0179, and dated September 16, 1977, is 
     extended until the date on which the conditions of this Act 
     are fulfilled, as determined by the Secretary.
       [(c) Effect.--This section does not authorize the use of 
     any additional water from a project carried out under Federal 
     reclamation law (the Act of June 17, 1902 (32 Stat. 388, 
     chapter 1093), and Acts supplemental to and amendatory of 
     that Act (43 U.S.C. 371 et seq.)) beyond that which is 
     authorized on the date of enactment of this Act under--
       [(1) water storage contracts; and
       [(2) State water law.

     [SEC. 6. EFFECT.

       [Except as specifically provided in this Act, nothing in 
     this Act affects--
       [(1) the rights of any person with respect to the 
     facilities; or
       [(2) any contract executed by the United States or under 
     State law with respect to any right of an irrigation district 
     to use water made available by the facilities conveyed under 
     this Act.

     [SEC. 7. REPORT.

       [If the Secretary has not conveyed the facilities to the 
     District by the date that is 1 year after the date of 
     enactment of this Act, the Secretary shall, not later than 
     that date, submit to Congress a report that--
       [(1) explains the reasons why the conveyance has not been 
     completed; and
       [(2) specifies the date by which the conveyance is proposed 
     to be completed.

     SECTION 1. SHORT TITLE.

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

     SEC. 2. DEFINITIONS.

       In this Act:
       (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.

     SEC. 3. CONVEYANCE OF FACILITIES.

       (a) Conveyance Requirement.--The Secretary of the Interior 
     shall convey to the Fremont-Madison Irrigation District, 
     Idaho, pursuant to the terms of the memorandum of agreement 
     (MOA) between the District and the Secretary (Contract No. 
     1425-0901-09MA-0910-093310), 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 8.
       (b) Report.--If the Secretary has not completed any 
     conveyance required under this Act 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. 4. COSTS.

       (a) In General.--The Secretary shall require, as a 
     condition of the conveyance under section 3, 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-
     0901-09MA-0910-093310.
       (b) Value of Facilities To Be Transferred.--In addition to 
     subsection (a) the Secretary shall also require, as a 
     condition of the conveyance under section 2, 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. 5. TETON EXCHANGE WELLS.

       (a) Contracts and Permit.--In conveying the Teton Exchange 
     Wells referenced in section 3, the Secretary shall also 
     convey to the District--
       (1) Idaho Department of Water Resources permit number 22-
     097022, including drilled wells under the permit, as 
     described in Contract No. 1425-0901-09MA-0910-093310; and
       (2) all equipment appurtenant to such wells.
       (b) Extension of Water Service Contract.--The water service 
     contract between the Secretary and the District (Contract No. 
     7-0907-0910-09W0179, dated September 16, 1977) is hereby 
     extended and shall continue in full force and effect until 
     all conditions described in this Act are fulfilled.

     SEC. 6. ENVIRONMENTAL REVIEW

       Prior to conveyance the Secretary shall complete all 
     environmental reviews and analyses as set forth in the MOA.

     SEC. 7. LIABILITY.

       Effective on the date of the conveyance the United States 
     shall not be liable 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 increase the liability of the United States 
     beyond that currently provided in chapter 171 of title 28, 
     United States Code.

     SEC. 8. WATER SUPPLY TO DISTRICT LANDS.

       The acreage within the District eligible to receive water 
     from the Minidoka Project and the Teton Basin Projects is 
     increased to reflect the number of acres within the District 
     as of the date of enactment of this Act, including lands 
     annexed into the District prior to enactment of this Act as 
     contemplated by the Teton Basin Project. The increase in 
     acreage does not alter deliveries authorized under their 
     existing water storage contracts and as allowed by State 
     water law.

     SEC. 9. DROUGHT MANAGEMENT PLANNING.

       Within 60 days of enactment of this Act, in collaboration 
     with stakeholders in the Henry's Fork watershed, the 
     Secretary shall initiate a drought management planning 
     process to address all water uses, including irrigation and 
     the wild trout fisherey, in the Henry's Fork watershed. 
     Within 18 months of enactment of this Act, the Secretary 
     shall report to Congress with a final drought management 
     plan.

     SEC. 10. EFFECT.

       (a) In General.--Except as provided in this Act, nothing in 
     this Act affects--
       (1) the rights of any person; or
       (2) any right in existence on the date of enactment of this 
     Act of the Shoshone-Bannock

[[Page S11647]]

     Tribes of the Fort Hall Reservation to water based on a 
     treaty, compact, executive order, agreement, the decision in 
     Winters v. United States, 207 U.S. 564 (1908) (commonly known 
     as the ``Winters Doctrine''), or law.
       (b) Conveyances.--Any conveyance under this Act 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.
  Mrs. FEINSTEIN: Mr. President, I rise today in support of legislation 
to authorize the Secretary of the Interior and other Federal agency 
heads to carry out activities during fiscal years 2003 through 2005 to 
implement the Calfed Bay-Delta Program. This program is of tremendous 
importance to my home State of California. Its mission is to develop 
and implement a long-term comprehensive plan that will improve water 
management for the Bay-Delta and restore its ecological health. The 
program has several goals: improving water supply reliability, 
including additional water storage and conveyance; protecting drinking 
water quality; restoring ecological health; and protecting Delta 
levees.
  Mr. President, on August 28, 2000, the Federal Government and the 
State of California entered into a Record of Decision (ROD) which 
selects a preferred program alternative for the Calfed Bay-Delta 
Program, setting forth the overall direction of this program. Under the 
ROD, the Calfed agencies (comprised of both Federal and State agencies) 
will proceed with the specific actions in Stage 1, which covers the 
first 7 years of this program. This legislation authorizes those Stage 
1 actions which are to take place in fiscal years 2003 through 2005 for 
which there are appropriations. A fundamental tenet of this program is 
that all program elements proceed in a balanced manner. The Record of 
Decision explicitly requires balance in carrying out the program.
  While the provision that the Senate is considering today is scaled 
back from the bills that I have previously introduced on this matter, 
the intent of the legislation is the same: to provide that the Calfed 
Program be carried out in a balanced manner consistent with the Record 
of Decision of August 28, 2000, including the principles and schedules 
stated therein, and other applicable law. I want to clarify that this 
provision in no way affects or modifies any other authority that an 
agency has to carry out activities related to, or in furtherance of, 
the Calfed Program.
  Finally, this legislation would provide authority to the Secretary of 
the Interior and the other Federal agency heads identified in the ROD 
to participate in the Calfed Bay-Delta Authority established by the 
California Bay-Delta Authority Act, to the extent not inconsistent with 
other law.
  Mr. President, early next Congress, Senator Kyl and I plan to 
introduce additional Calfed authorizing legislation on which we have 
collaborated that would provide greater specificity. I thank Senator 
Kyl for his willingness to work with me on this important matter.
  Mr. President, I am pleased that the Senate is favorably considering 
this legislation today. The Calfed Bay-Delta Program enjoys broad-based 
support in California and is vital to the future of the State.
  Mrs. BOXER. Mr. President, I am pleased today that the Senate is 
passing legislation to authorize the Secretary of the Interior and 
other Federal agency heads to participate in the implementation of the 
CALFED Bay-Delta Program.
  For decades, water allocation in California was conducted through 
endless appeals, lawsuits, and divisive ballot initiatives. Such 
battles were painful and they prevented us from finding real solutions 
to our state's very real water problems. In 1994, a new state-federal 
partnership program called CALFED promised a better way. Through a plan 
to provide reliable, clean water to farms, businesses, and millions of 
Californians while at the same time restoring our fish, wildlife and 
environment, CALFED was committed to identifying a solution that all 
water users could share.
  Over the years, what has made CALFED work is that it employs a 
consensus approach that balances the needs of the various interests 
competing for California's scarce water resources. This balance is most 
clearly articulated in the Record of Decision (ROD) that was agreed to 
on August 28, 2000 by the Federal Government and the State of 
California. The CALFED ROD outlines clearly the CALFED Bay-Delta 
Programs' goals and repeatedly reiterates the need to move forward with 
these goals in a balanced manner.
  This legislation authorizes the federal agencies to undertake the 
actions and activities identified in the ROD. It is our intent that all 
activities are to be implemented in a manner consistent with the ROD. 
This legislation is not intended to authorize activities, such as major 
construction projects, that would otherwise require completion of 
feasibility studies, permits under section 404(a) of the Clean Water 
Act and other applicable laws, and project-specific authorizations. In 
addition, the legislation requires that federal participation in the 
CALFED Bay-Delta Program proceed in a way that is consistent with other 
laws.
  I want to particularly thank my colleague, Senator Feinstein, for her 
continued leadership on this legislation. This bill will help insure 
that the CALFED Bay-Delta Program continues to play a vital role in 
meeting California's water needs.


                           Amendment No. 4978

  Mr. REID. Senator Bingaman has a substitute at the desk. I ask 
unanimous consent that the amendment be agreed to, the motion to 
reconsider be laid upon the table, the committee-reported substitute, 
as amended, be agreed to, and the motion to reconsider be laid upon the 
table, the bill, as amended, be read the third time and passed, the 
motion to reconsider be laid upon table, with no intervening action or 
debate, and that any statements relating to this matter be printed in 
the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment (No. 4978) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment in he nature of a substitute, as amended, was 
agreed to.
  The bill (S. 2556), as amended, was read the third time and passed, 
as follows:
  (The bill will be printed in a future edition of the Record.)

                          ____________________