[Congressional Record Volume 149, Number 127 (Tuesday, September 16, 2003)]
[House]
[Page H8229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page H8229]]
FREEMONT-MADISON CONVEYANCE ACT
Mr. CALVERT. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 520) to authorize the Secretary of the Interior to
convey certain facilities to the Freemont-Madison Irrigation District
in the State of Idaho.
The Clerk read 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Calvert) and the gentlewoman from California (Mrs.
Napolitano) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Calvert).
Mr. CALVERT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 520, authored by Senator Crapo of Idaho, authorizes
the Secretary of the Interior to convey the title of specific Bureau of
Reclamation facilities to the Freemont-Madison Irrigation District. The
district has operated and maintained these facilities and will have
paid all construction costs to the Federal Government prior to
conveyance.
As part of this legislation, transfer proponents and several other
water interests worked together on drought management provisions to
address the needs of all water users in the watershed. This will
protect and enhance the Henry's Fork fishery while continuing to
provide water to the area's irrigators and other users.
The measure also would require compliance with the National
Environmental Policy Act and is consistent with the Bureau of
Reclamation policy to transfer title to water districts that have
operated and maintained their facilities and paid out their
construction costs.
Mr. Speaker, I urge my colleagues to support this consensus-based
bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I thank the chairman of the Subcommittee on Water and
Power for his extreme help on these three measures.
Mr. Speaker, Senate 520, the Freemont-Madison Conveyance Act, would
direct the Secretary of the Interior to convey to the Freemont-Madison
Irrigation District all rights, title, and interest to specific Bureau
of Reclamation facilities in Idaho. Prior to the title transfer, there
will be an environmental review conducted pursuant to the National
Environmental Policy Act.
The gentleman from California, my esteemed colleague, has explained
the legislation. We support the bill.
Mr. Speaker, I yield back the balance of my time.
Mr. CALVERT. 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 California (Mr. Calvert) that the House suspend the
rules and pass the Senate bill, S. 520.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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