[Congressional Record Volume 149, Number 88 (Monday, June 16, 2003)]
[Senate]
[Page S7939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     FREMONT-MADISON CONVEYANCE ACT

  Mr. CORNYN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 126, S. 520.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 520) 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.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the Crapo 
amendment No. 928, which is at the desk, be agreed to; that the bill, 
as amended, be read a third time and passed, and the motions to 
reconsider be laid upon the table; and that any statements relating to 
the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 928) was agreed to, as follows:


                           Amendment No. 928

                (Purpose: To make technical corrections)

       On page 2, lines 14 and 15, strike ``(Contract No. 1425-
     0901-09MA-0910-093310)'' and insert ``(Contract No. 1425-01-
     MA-10-3310).''
       On page 3, line 10, strike ``No. 1425-0901-09MA-MA-0910-
     093310'' and insert ``No. 1425-01-MA-10-3310''.
       On page 4, lines 1 and 2, strike ``1425-0901-09MA-0910-
     093310'' and insert ``1425-01-MA-10-3310''.
       On page 4, line 6, strike ``7-0907-0910-09W0179'' and 
     insert ``7-07-10-W0179''.

  The bill (S. 520), as amended, was read the third time and passed, as 
follows:

                                 S. 520

       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''.

     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. 
     1425-01-MA-10-3310), 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, 2004, 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-
     01-MA-10-3310.
       (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 pursuant to section 3, 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 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 Act are fulfilled.

     SEC. 6. ENVIRONMENTAL REVIEW.

       Prior to conveyance the Secretary shall complete all 
     environmental reviews and analyses as set forth in the 
     Memorandum of Agreement referenced in section 3(a).

     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 the 
     District's 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 fishery, in the Henry's Fork watershed. Within 
     18 months of enactment of this Act, the Secretary shall 
     submit a report to Congress, which shall include 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 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.

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