[Congressional Record Volume 149, Number 59 (Friday, April 11, 2003)]
[Senate]
[Pages S5354-S5356]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURNS:
  S. 900. A bill convey the Lower Yellowstone Irrigation Project, the 
savage Unit of the Pick-Sloan Missouri Basin Program, and the Intake 
Irrigation Project to the pertinent irrigation districts; to the 
Committee on Energy and Natural Resources.
  Mr. BURNS. Mr. President, I rise today to introduce a piece of 
legislation that helps a large number of family farmers on the border 
of Montana and North Dakota. The Lower Yellowstone Irrigation Projects 
Title Transfer moves ownership of these irrigation projects from 
Federal control to local control. Both the Bureau of Reclamation and 
those relying on the projects for their livelihood agree there is 
little value in having the Federal Government retain ownership.
  I introduced this legislation in the last Congress, and continue to 
believe it helps us to achieve the long term goals of Montana 
irrigators, and the mission of the Bureau of Reclamation. In the past I 
asked John W. Keys III, commissioner of the Bureau of Reclamation, his 
position on title transfers of irrigation projects like the Lower 
Yellowstone, where local irrigation districts have successfully managed 
the Federal properties, and where the Bureau has encouraged the 
transfer of title to the Districts. His response to me was very 
encouraging. He stated this type of title transfer ``makes sense and is 
an opportunity to move facilities from Federal ownership to more 
appropriate control.'' During our discussion Commissioner Keys promised 
to work with me and the Irrigation District to make this a reality, and 
I look forward to it.
  The history of these projects dates to the early 1900's with the 
original Lower Yellowstone project being built by the Bureau of 
Reclamation between 1906 and 1910. The Savage Unit was added in 1947-
48. The end result was the creation of fertile, irrigated land to help 
spur economic development in the area. To this day, agriculture is the 
number one industry in the area.

[[Page S5355]]

  The local impact of the projects is measurable in numbers, but the 
greatest impacts can only be seen by visiting the area. About 500 
family farms rely on these projects for economic subsistence, and the 
entire area relies on them to create stability in the local economy. In 
an area that has seen booms and busts in oil, gas, and other 
commodities, these irrigated lands continued producing and offering a 
foundation for the businesses in the area.
  As we all know, the agricultural economy is not as strong as we'd 
like to it to be, but these irrigated lands offer a reasonable return 
over time and are the foundation for strong communities based upon the 
ideals that have made this country successful The 500 families impacted 
are hard working, honest producers, and I can think of no better people 
to manage their own irrigation projects.
  Every day, we see an example of where the Federal Government is 
taking on a new task. We can debate the merits of those efforts on an 
individual basis, but I think we can all agree that while the 
government gets involved in new projects, there are many that we can 
safely pass on to State or local control. The Lower Yellowstone 
Projects are a prime example of such an opportunity, and I ask my 
colleagues to join me in seeing this legislation passed as quickly as 
possible.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record., as follows:

                                 S. 900

       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 ``Lower Yellowstone 
     Reclamation Projects Conveyance Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Diversion works.--The term ``Diversion Works'' means 
     the land in the N\1/2\NW\1/4\ of Sec. 36, T.18N., R.56E. P. 
     M., Montana, and the diversion dam structure, canal headworks 
     structure, and the first section of the main canal, all 
     contained therein.
       (2) Intake irrigation district.--The term ``Intake 
     Irrigation District'' means the irrigation district by that 
     name that is organized under the laws of the State of Montana 
     and operates the Intake Project.
       (3) Intake project.--The term ``Intake Project'' means the 
     Federal irrigation feature operated by the Intake Irrigation 
     District and authorized under the Act of August 11, 1939 
     (chapter 717; 53 Stat. 1418).
       (4) Irrigation districts.--The term ``irrigation 
     districts'' means--
       (A) the Intake Irrigation District;
       (B) the Lower Yellowstone Irrigation District No. 1;
       (C) the Lower Yellowstone Irrigation District No. 2; and
       (D) the Savage Irrigation District.
       (5) Lower yellowstone irrigation district no. 1.--The term 
     ``Lower Yellowstone Irrigation District No. 1'' means the 
     irrigation district by that name that is organized under the 
     laws of the State of Montana and operates the part of the 
     Lower Yellowstone Irrigation Project located in the State of 
     Montana.
       (6) Lower yellowstone irrigation district no. 2.--The term 
     ``Lower Yellowstone Irrigation District No. 2'' means the 
     irrigation district by that name that is organized under the 
     laws of the State of North Dakota and operates the part of 
     the Lower Yellowstone Irrigation Project located in the State 
     of North Dakota.
       (7) Lower yellowstone irrigation project.--The term ``Lower 
     Yellowstone Irrigation Project'' means the Federal irrigation 
     feature operated by Lower Yellowstone Irrigation District No. 
     1 and Lower Yellowstone Irrigation District No. 2 and 
     authorized by the Act of June 17, 1902 (chapter 1093; 32 
     Stat. 388).
       (8) Memorandum of understanding.--The term ``Memorandum of 
     Understanding'' means the memorandum of understanding dated 
     November 16, 1999, and any subsequent replacements or 
     amendments between the Districts and the Montana Area Office, 
     Great Plains Region, Bureau of Reclamation, for the purpose 
     of defining certain principles by which the title to the 
     projects will be transferred from the United States to the 
     districts.
       (9) Pick-sloan missouri basin program.--The term ``Pick-
     Sloan Missouri Basin Program'' means the comprehensive 
     Federal program for multipurpose benefits within the Missouri 
     River Basin, including irrigation authorized by section 9 of 
     the Act of December 22, 1944, commonly known as the ``Flood 
     Control Act of 1944'' (chapter 665; 58 Stat. 891).
       (10) Pick-sloan missouri basin program project use power.--
     The term ``Pick-Sloan Missouri Basin Program Project Use 
     Power'' means power available for establishing and 
     maintaining the irrigation developments of the Pick-Sloan 
     Missouri Basin Program.
       (11) Projects.--The term ``Projects'' means--
       (A) the Lower Yellowstone Irrigation Project;
       (B) the Intake Irrigation Project; and
       (C) the Savage Unit.
       (12) Savage irrigation district.--The term ``Savage 
     Irrigation District'' means the irrigation district by that 
     name that is organized under the laws of the State of Montana 
     and operates the Savage Unit.
       (13) Savage unit.--The term ``Savage Unit'' means the 
     Savage Unit of the Pick-Sloan Missouri Basin Program, a 
     Federal irrigation development authorized by the Act of 
     December 22, 1944 (commonly known as the ``Flood Control Act 
     of 1944'') (chapter 665; 58 Stat. 891).
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. CONVEYANCE OF PROJECTS.

       (a) Conveyances.--
       (1) General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall convey works, 
     facilities, and lands of the Projects to the Irrigation 
     Districts in accordance with all applicable laws and pursuant 
     to the terms of the Memorandum of Understanding. The 
     conveyance shall take place in two stages, the first stage to 
     include all conveyances under this Act except Diversion Works 
     and the second stage to convey the Diversion Works.
       (2) Lands.--
       (A) General.--All lands, easements, and rights-of-way the 
     United States possesses that are to be conveyed by the 
     Secretary to the respective irrigation districts shall be 
     conveyed by quitclaim deed. Conveyance of such lands, 
     easements, and rights-of-way is subject to permits, licenses, 
     leases, rights-of-use, or right-of-way of record outstanding 
     in third parties on, over, or across such lands, easements, 
     and rights-of-way.
       (B) Mineral rights.--Conveyance of all lands herein 
     described shall be subject to a reservation by the United 
     States reserving all minerals of a nature whatsoever, 
     excluding sand and gravel, and subject to oil, gas, and other 
     mineral rights heretofore reserved of record by or in favor 
     of third parties.
       (3) Water rights.--The Secretary shall transfer to the 
     respective Irrigation Districts in accordance with and 
     subject to the law of the State of Montana, all natural flow, 
     wastewater, seepage, return flow, domestic water, stock 
     water, and groundwater rights held in part or wholly in the 
     name of the United States that are used to serve the lands 
     within the Irrigation Districts.
       (4) Costs.--
       (A) Reclamation withdrawn lands.--The Irrigation Districts 
     shall purchase Reclamation withdrawn lands as identified in 
     the Memorandum of Understanding for their value in providing 
     operation and maintenance benefits to the Irrigation 
     Districts.
       (B) Savage unit repayment obligations.--
       (i) Savage irrigation district.--As a condition of 
     transfer, the Secretary shall receive an amount from the 
     Savage Irrigation District equal to the present value of the 
     remaining water supply repayment obligation of $60,480 that 
     shall be treated as full payment under Contract Number I1r-
     1525, as amended and as extended by Contract No. 9-07-60-
     WO770.
       (ii) Pick-sloan missouri basin program construction 
     obligation.--As a condition of transfer, the Secretary shall 
     accept $94,727 as payment from the Pick-Sloan Missouri Basin 
     Program (Eastern Division) power customers under the terms 
     specified in this section, as consideration for the 
     conveyance under this subsection. This payment shall be 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 2003. This 
     payment shall be treated as full and complete payment by the 
     power customers of the construction aid-to-irrigation 
     associated with the facilities of the Savage Unit.
       (b) Revocation of Reclamation Withdrawals and Orders.--
       (1) The Reclamation withdrawal established by Public Land 
     Order 4711 dated October 6, 1969, for the Lower Yellowstone 
     Irrigation Project in lots 1 and 2, section 3, T.23N., R. 59 
     E., is hereby revoked in its entirety.
       (2) The Secretarial Order of March 22, 1906, which was 
     issued for irrigation works on lots 3 and 4 section 2, T. 
     23N., R. 59E., and Secretarial Order of August 8, 1905, which 
     was issued for irrigation works in section 2, T. 17 N., R. 56 
     E. and section 6, T. 17 N., R. 57 E., are hereby revoked in 
     their entirety.
       (3) The Secretarial Order of August 24, 1903, and July 27, 
     1908, which were issued in connection with the Lower 
     Yellowstone Irrigation Project, are revoked insofar as they 
     affect the following lands:
       (A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, T.18N., R.57E.; 
     lot 3 of Sec. 4, T.19N., R.58E.; lots 2 and 3 and 6 and 7 of 
     Sec. 12, T.21N, R.58E.; SW\1/4\NW\1/4\ of Sec. 26, T.22N., 
     R58E; lots 1 and 4 and 7 and NW\1/4\SW\1/4\ of Sec. 20, 
     T.22N., R.59E.; SE\1/4\NE\1/4\ of Sec. 13, T.23N., R.59E.; 
     and lot 2 of Sec. 18, T.24N., R.60E.; all in the Principal 
     Meridian, Montana.
       (B) Lot 8 of Sec. 2 and lot 1 and lot 2 and lot 3 and NE\1/
     4\NE\1/4\ of Sec. 10 and lot 2 of Sec. 11 and lot 6 of Sec. 
     18 and lot 3 of Sec. 35, T.151N., R.104W.; and lot 7 of Sec. 
     28, T.152N., R.104W.; all in the Fifth Principal Meridian, 
     North Dakota.

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     SEC. 4. REPORT.

       If the conveyance under this Act has not occurred within 2 
     years after the date of the enactment of this Act for the 
     first stage conveyances as provided in section 3, and 5 years 
     after the date of the enactment of this Act for the second 
     stage conveyances as provided in section 3, the Secretary 
     shall provide a report to the Committee on Resources of the 
     House of Representatives and the Committee on Energy and 
     Resources of the Senate on the status of the transfer and 
     anticipated completion date.

     SEC. 5. RECREATION MANAGEMENT.

       As a condition of the Conveyance of lands under section 3, 
     the Secretary shall require that Lower Yellowstone Irrigation 
     District No. 1 and Lower Yellowstone Irrigation District No. 
     2 convey a perpetual conservation easement to the State of 
     Montana, at no cost to the State, for the purposes of 
     protecting, preserving, and enhancing the conservation values 
     and permitting recreation on Federal lands in part to be 
     conveyed under this Act. Lower Yellowstone Irrigation 
     District No 1, Lower Yellowstone Irrigation District No. 2, 
     and the State of Montana have mutually agreed upon such 
     conservation easement.

     SEC. 6. PROJECT PUMPING POWER.

       The Secretary shall sustain the irrigation developments 
     established by the Lower Yellowstone and Intake Projects and 
     the Savage Unit as components of the irrigation plan under 
     the Pick-Sloan Missouri River Basin Program and shall 
     continue to provide the Irrigation Districts with Pick-Sloan 
     Missouri River Basin Project Use power at the Irrigation 
     Districts' pumping plants, except that the rate shall be at 
     the preference power rate and there shall be no ability-to-
     pay adjustment.

     SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION.

       (a) General.--The Secretary, prior to the transfer of title 
     of the Diversion Works and in cooperation with the Irrigation 
     Districts, shall provide fish protection devices to prevent 
     juvenile and adult fish from entering the Main Canal of the 
     Lower Yellowstone Irrigation Project and allow bottom 
     dwelling fish species to migrate above the Project's Intake 
     Diversion Dam.
       (b) Participation.--The Secretary and the Irrigation 
     District shall work cooperatively in planning, engineering, 
     and constructing the fish protection devices.
       (c) Construction Schedule.--Construction of Fish Protection 
     Devices shall be completed within 2 years after the date of 
     enactment of this Act.
       (d) Monitoring.--The Secretary, acting through the 
     Commissioner of the Bureau of Reclamation and the Director of 
     the United States Fish and Wildlife Service, prior to the 
     transfer of title of the Diversion Works, shall establish and 
     conduct a monitoring plan to measure the effectiveness of the 
     devices for a period of 2 years after construction is 
     completed.
       (e) Modifications.--The Commissioner of the Bureau of 
     Reclamation, prior to the transfer of title of the Diversion 
     Works, shall be responsible to modify the devices as 
     necessary to ensure proper functioning. All modifications 
     shall be completed within 3 years after the devices were 
     initially constructed.
       (f) Costs.--Costs incurred in planning, engineering, 
     constructing, monitoring, and modifying all fish protection 
     devices shall be deemed nonreimbursable.
       (g) Operation, Maintenance, and Replacements 
     Responsibility.--Following completion of monitoring and 
     modifications required under this section, the Irrigation 
     Districts shall operate, maintain, and replace the fisheries 
     protection devices in a manner to ensure proper functioning.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to implement 
     this section.

     SEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS.

       Upon conveyance of the projects under this Act, the 
     Irrigation Districts shall not be subject to the Reclamation 
     laws or entitled to receive any Reclamation benefits under 
     those laws except as provided in section 6.

     SEC. 9. LIABILITY.

       Effective on the date of conveyance of a project under this 
     Act, the United States shall not be liable under any State or 
     Federal law for damages of any kind arising out of any act, 
     omission, or occurrence relating to the projects, except for 
     damages caused by acts of negligence committed by the United 
     Stated or by its employees, agents, or contractors prior to 
     the date of this 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 Act.

     SEC. 10. COMPLIANCE WITH LAWS.

       As a condition of the Conveyances under section 3, the 
     Secretary shall by no later than the date on which the 
     conveyances occur complete appropriate analyses of the 
     transfer in compliance with the requirements of 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 other applicable laws.
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