[Congressional Record Volume 150, Number 123 (Monday, October 4, 2004)]
[House]
[Pages H7965-H7967]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    PROVO RIVER PROJECT TRANSFER ACT

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3391) to authorize the Secretary of the Interior to convey 
certain lands and facilities of the Provo River Project, as amended.

[[Page H7966]]

  The Clerk read as follows:

                               H.R. 3391

       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 ``Provo River Project Transfer 
     Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Agreement.--The term ``Agreement'' means the contract 
     numbered 04-WC-40-8950 and entitled ``Agreement Among the 
     United States, the Provo River Water Users Association, and 
     the Metropolitan Water District of Salt Lake & Sandy to 
     Transfer Title to Certain Lands and Facilities of the Provo 
     River Project'' and shall include maps of the land and 
     features to be conveyed under the Agreement.
       (2) Association.--The term ``Association'' means the Provo 
     River Water Users Association, a nonprofit corporation 
     organized under the laws of the State.
       (3) District.--The term ``District'' means the Metropolitan 
     Water District of Salt Lake & Sandy, a political subdivision 
     of the State.
       (4) Pleasant grove property.--
       (A) In general.--The term ``Pleasant Grove Property'' means 
     the 3.79-acre parcel of land acquired by the United States 
     for the Provo River Project, Deer Creek Division, located at 
     approximately 285 West 1100 North, Pleasant Grove, Utah, as 
     in existence on the date of enactment of this Act.
       (B) Inclusions.--The term ``Pleasant Grove Property'' 
     includes the office building and shop complex constructed by 
     the Association on the parcel of land described in 
     subparagraph (A).
       (5) Provo reservoir canal.--The term ``Provo Reservoir 
     Canal'' means the canal, and any associated land, rights-of-
     way, and facilities acquired, constructed, or improved by the 
     United States as part of the Provo River Project, Deer Creek 
     Division, extending from, and including, the Murdock 
     Diversion Dam at the mouth of Provo Canyon, Utah, to and 
     including the Provo Reservoir Canal Siphon and Penstock, as 
     in existence on the date of enactment of this Act.
       (6) Salt lake aqueduct.--The term ``Salt Lake Aqueduct'' 
     means the aqueduct and associated land, rights-of-way, and 
     facilities acquired, constructed or improved by the United 
     States as part of the Provo River Project, Aqueduct Division, 
     extending from, and including, the Salt Lake Aqueduct Intake 
     at the base of Deer Creek Dam to and including the Terminal 
     Reservoirs located at 3300 South St. and Interstate Route 215 
     in Salt Lake City, Utah, as in existence on the date of 
     enactment of this Act.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior or a designee of the Secretary.
       (8) State.--The term ``State'' means the State of Utah.

     SEC. 3. CONVEYANCE OF LAND AND FACILITIES.

       (a) Conveyances to Association.--
       (1) Provo reservoir canal.--
       (A) In general.--In accordance with the terms and 
     conditions of the Agreement and subject to subparagraph (B), 
     the Secretary shall convey to the Association, all right, 
     title, and interest of the United States in and to the Provo 
     Reservoir Canal.
       (B) Condition.--The conveyance under subparagraph (A) shall 
     not be completed until the Secretary executes the Agreement 
     and accepts future arrangements entered into by the 
     Association, the District, the Central Utah Water Conservancy 
     District, and the Jordan Valley Water Conservancy District 
     providing for the operation, ownership, financing, and 
     improvement of the Provo Reservoir Canal.
       (2) Pleasant grove property.--In accordance with the terms 
     and conditions of the Agreement, the Secretary shall convey 
     to the Association, all right, title, and interest of the 
     United States in and to the Pleasant Grove Property.
       (b) Conveyance to District.--
       (1) In general.--In accordance with the terms and 
     conditions of the Agreement, and subject to the execution of 
     the Agreement by the Secretary the Secretary shall convey to 
     the District, all right, title, and interest of the United 
     States in and to Salt Lake Aqueduct.
       (2) Easements.--
       (A) In general.--As part of the conveyance under paragraph 
     (1), the Secretary shall grant to the District permanent 
     easements to--
       (i) the National Forest System land on which the Salt Lake 
     Aqueduct is located; and
       (ii) land of the Aqueduct Division of the Provo River 
     Project that intersects the parcel of non-Federal land 
     authorized to be conveyed to the United States under section 
     104(a) of Public Law 107-329 (116 Stat. 2816).
       (B) Purpose.--The easements conveyed under subparagraph (A) 
     shall be for the use, operation, maintenance, repair, 
     improvement, or replacement of the Salt Lake Aqueduct by the 
     District.
       (C) Limitation.--The United States shall not carry out any 
     activity on the land subject to the easements conveyed under 
     subparagraph (A) that would materially interfere with the 
     use, operation, maintenance, repair, improvement, or 
     replacement of the Salt Lake Aqueduct by the District.
       (D) Boundaries.--The boundaries of the easements conveyed 
     under subparagraph (A) shall be determined by the Secretary, 
     in consultation with the District and the Secretary of 
     Agriculture.
       (E) Transfer of administrative jurisdiction.--
       (i) In general.--On conveyance of the easement to the land 
     described in subparagraph (A)(ii), the Secretary, subject to 
     the easement, shall transfer to the Secretary of Agriculture 
     administrative jurisdiction over the land.
       (ii) Administrative site.--The land transferred under 
     clause (i) shall be administered by the Secretary of 
     Agriculture as an administrative site.
       (F) Administration.--The easements conveyed under 
     subparagraph (A) shall be administered by the Secretary of 
     Agriculture in accordance with section 501(b)(3) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1761(b)(3)).
       (c) Consideration.--
       (1) Association.--
       (A) In general.--In exchange for the conveyance under 
     subsection (a)(1), the Association shall pay the Secretary an 
     amount that is equal to the sum of--
       (i) the net present value of any remaining debt obligation 
     of the United States with respect to the Provo Reservoir 
     Canal; and
       (ii) the net present value of any revenues from the Provo 
     Reservoir Canal that, based on past history--

       (I) would be available to the United States but for the 
     conveyance of the Provo Reservoir Canal under subsection 
     (a)(1); and
       (II) would be deposited in the reclamation fund established 
     under the first section of the Act of June 17, 1902 (43 
     U.S.C. 391), and credited under the terms of Reclamation 
     Manual/Directives and Standards PEC 03-01.

       (B) Deduction.--In determining the net present values under 
     clauses (i) and (ii) of subparagraph (A), the Association may 
     deduct from the net present value such sums as are required 
     for the reimbursement described in the Agreement.
       (2) District.--
       (A) In general.--In exchange for the conveyance under 
     subsection (b)(1), the District shall pay the Secretary an 
     amount that is equal to the sum of--
       (i) the net present value of any remaining debt obligation 
     of the United States with respect to the Salt Lake Aqueduct; 
     and
       (ii) the net present value of any revenues from the Salt 
     Lake Aqueduct that, based on past history--

       (I) would have been available to the United States but for 
     the conveyance of the Salt Lake Aqueduct under subsection 
     (b)(1); and
       (II) would be deposited in the reclamation fund established 
     under the first section of the Act of June 17, 1902 (43 
     U.S.C. 391), and credited under the terms of Reclamation 
     Manual/Directives and Standards PEC 03-01.

       (B) Deduction.--In determining the net present values under 
     clauses (i) and (ii) of subparagraph (A), the District may 
     deduct from the net present value such sums as are required 
     for the reimbursement described in the Agreement.
       (d) Payment of Costs.--In addition to amounts paid to the 
     Secretary under subsection (c), the Association and the 
     District shall, in accordance with the Agreement, pay the 
     Secretary--
       (1) any necessary and reasonable administrative and real 
     estate transfer costs incurred by the Secretary in carrying 
     out the conveyance; and
       (2) \1/2\ of any necessary and reasonable costs associated 
     with complying with--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (C)(i) the National Historic Preservation Act (16 U.S.C. 
     470 et seq.); and
       (ii) any other Federal cultural resource laws.
       (e) Compliance With Environmental Laws.--
       (1) In general.--Before conveying land and facilities under 
     subsections (a) and (b), the Secretary shall comply with all 
     applicable requirements under--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (C) any other law applicable to the land and facilities.
       (2) Effect.--Nothing in this Act modifies or alters any 
     obligations under--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); or
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).

     SEC. 4. EXISTING CONTRACTS.

       (a) Deer Creek Division Construction Contract.--
     Notwithstanding the conveyances under subsections (a) and 
     (b)(1) of section 3, and subject to the terms of the 
     Agreement any portion of the Deer Creek Division, Provo River 
     Project, Utah, that is not conveyed under that section shall 
     continue to be operated and maintained by the Association, in 
     accordance with the contract numbered I1r-874, dated June 27, 
     1936, and entitled the ``Contract Between the United States 
     and Provo River Water Users Association Providing for the 
     Construction of the Deer Creek Division of the Provo River 
     Project, Utah''.
       (b) Provo River Project and Jordan Aqueduct System 
     Contracts.--Subject to the terms of the Agreement, any 
     written contract of the United States in existence on the 
     date of enactment of this Act relating to the operation and 
     maintenance of any division or facility of the Provo River 
     Project or the Jordan Aqueduct System is confirmed and 
     declared to be a valid contract of the

[[Page H7967]]

     United States that is enforceable in accordance with the 
     express terms of the contract.
       (c) Use of Central Utah Project Water.--
       (1) In general.--Subject to paragraph (2), any entity with 
     contractual Provo Reservoir Canal or Salt Lake Aqueduct 
     capacity rights in existence on the date of enactment of this 
     Act may, in addition to the uses described in the existing 
     contracts, use the capacity rights, without additional charge 
     or further approval from the Secretary, to transport Central 
     Utah Project water on behalf of the entity or others.
       (2) Limitations.--An entity shall not use the capacity 
     rights to transport Central Utah Project water under 
     paragraph (1) unless--
       (A) the transport of the water is expressly authorized by 
     the Central Utah Water Conservancy District;
       (B) the use of the water facility to transport the Central 
     Utah Project water is expressly authorized by the entity 
     responsible for operation and maintenance of the facility; 
     and
       (C) carrying Central Utah Project water through Provo River 
     Project facilities would not--
       (i) materially impair the ability of the Central Utah Water 
     Conservancy District or the Secretary to meet existing 
     express environmental commitments for the Bonneville Unit; or
       (ii) require the release of additional Central Utah Project 
     water to meet those environmental commitments.
       (d) Authorized Modifications.--The Agreement may provide 
     for--
       (1) the modification of the 1936 Repayment Contract for the 
     Deer Creek Division of the Provo River Project to reflect the 
     partial prepayment, the adjustment of the annual repayment 
     amount, and the transfer of the Provo Reservoir Canal and the 
     Pleasant Grove Property; and
       (2) the modification or termination of the 1938 Repayment 
     Contract for the Aqueduct Division of the Provo River Project 
     to reflect the complete payout and transfer of all facilities 
     of the Aqueduct Divsion.
       (e) Effect of Act.--Nothing in this Act impairs any 
     contract (including subscription contracts) in effect on the 
     date of enactment of this Act that allows for or creates a 
     right to convey water through the Provo Reservoir Canal.

     SEC. 5. EFFECT OF CONVEYANCE.

       On conveyance of any land or facility under subsection (a) 
     or (b)(1) of section 3--
       (1) the land and facilities shall no longer be part of a 
     Federal reclamation project;
       (2) the Association and the District shall not be entitled 
     to receive any future reclamation benefits with respect to 
     the land and facilities, except for benefits that would be 
     available to other nonreclamation facilities; and
       (3) the United States shall not be liable for damages 
     arising out of any act, omission, or occurrence relating to 
     the land and facilities, but shall continue to be liable for 
     damages caused by acts of negligence committed by the United 
     States or by any employee or agent of the United States 
     before the date of conveyance, consistent with chapter 171 of 
     title 28, United States Code.

     SEC. 6. REPORT.

       If a conveyance required under subsection (a) or (b)(1) of 
     section 3 is not completed by the date that is 18 months 
     after the date of enactment of this Act, the Secretary shall 
     submit to Congress a report that--
       (1) describes the status of the conveyance;
       (2) describes any obstacles to completing the conveyance; 
     and
       (3) specifies an anticipated date for completion of the 
     conveyance.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Gibbons) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).


                             General Leave

  Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on H.R. 3391, as amended, the bill now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3391, authored the gentleman from Utah (Mr. 
Cannon), authorizes the Secretary of the Interior to convey title to 
certain lands and facilities of the Provo River Project in the State of 
Utah. These facilities are operated and maintained by the Provo River 
Water Users Association and the Metropolitan Water District of Salt 
Lake and Sandy under contracts with the Bureau of Reclamation.
  The bill, as amended, is the result of diverse stakeholders working 
cooperatively to pursue solutions to multiple concerns. Reclamation, 
the association, Metro, the Central Utah Water Conservancy District, 
Jordan Valley Water Conservancy District, and the Canal Company have 
created this legislation to address human safety and seismic concerns, 
and to have the ability to obtain low-interest financing for the 
rehabilitation cost.
  Today, Congress has the opportunity to make this collaborative effort 
come true for the water users of central Utah; and so, Mr. Speaker, I 
urge adoption of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Mr. Speaker, the majority has explained the pending 
measure. We, on this side of the aisle, have no objection to its 
consideration.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules 
and pass the bill, H.R. 3391, 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.
  A motion to reconsider was laid on the table.

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