[Congressional Record Volume 170, Number 20 (Monday, February 5, 2024)]
[House]
[Pages H398-H400]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PILOT BUTTE POWER PLANT CONVEYANCE ACT
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3415) to direct the Secretary of the Interior to convey to
the Midvale Irrigation District the Pilot
[[Page H399]]
Butte Power Plant in the State of Wyoming, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3415
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 ``Pilot Butte Power Plant
Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
entered into under section 3(a).
(2) District.--The term ``District'' means the Midvale
Irrigation District located in Pavillion, Wyoming.
(3) Power plant.--The term ``Power Plant'' means the Pilot
Butte Power Plant and other appurtenant facilities in the
State of Wyoming authorized under the Act of March 2, 1917
(39 Stat. 969, chapter 146), transferred to the jurisdiction
of the Bureau of Reclamation under the Act of June 5, 1920
(41 Stat. 874, chapter 235), and incorporated into the
Riverton Unit of the Pick-Sloan Missouri Basin Program under
Public Law 91-409 (84 Stat. 861), including the underlying
land.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
SEC. 3. AGREEMENT, CONVEYANCE, AND REPORT.
(a) Agreement.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall enter into good
faith negotiations with the District to enter into an
agreement to determine the legal, institutional, and
financial terms for the conveyance of the Power Plant from
the Secretary to the District.
(b) Conveyance.--
(1) In general.--In consideration for the District assuming
from the United States all liability for the administration,
operation, maintenance, and replacement of the Power Plant,
the Secretary shall offer to convey and assign to the
District all right, title, and interest of the United States
in and to the Power Plant--
(A) subject to valid leases, permits, rights-of-way,
easements, and other existing rights; and
(B) in accordance with--
(i) the terms and conditions described in the Agreement;
and
(ii) this Act.
(2) Status of land.--Effective on the date of the
conveyance of the Power Plant to the District under paragraph
(1), the Power Plant shall not be considered to be a part of
a Federal reclamation project.
(c) Report.--If the conveyance authorized under subsection
(b)(1) is not completed by the date that is 1 year after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives a report that describes--
(1) the status of the conveyance under that subsection;
(2) any obstacles to completing the conveyance under that
subsection; and
(3) an anticipated date for the completion of the
conveyance under that subsection.
SEC. 4. LIABILITY.
(a) Damages.--Except as otherwise provided by law and for
damages caused by acts of negligence committed by the United
States or by employees or agents of the United States,
effective on the date of the conveyance of the Power Plant to
the District under section 3(b)(1), the United States shall
not be held liable by any court for damages of any kind
arising out of any act, omission, or occurrence relating to
the Power Plant.
(b) Torts 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'').
SEC. 5. COMPLIANCE WITH OTHER LAWS.
(a) Compliance With Environmental and Historic Preservation
Laws.--Before making the conveyance authorized under section
3(b)(1), the Secretary shall complete all actions required
under--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(3) subtitle III of title 54, United States Code; and
(4) any other applicable laws.
(b) Compliance by the District.--Effective on the date of
the conveyance of the Power Plant to the District under
section 3(b)(1), the District shall comply with all
applicable Federal, State, and local laws (including
regulations) with respect to the operation of the Power
Plant.
SEC. 6. PAYMENT OF COSTS.
(a) Administrative Costs.--Administrative costs for the
conveyance of the Power Plant to the District under section
3(b)(1) shall be paid in equal shares by the Secretary and
the District.
(b) Real Estate Transfer Costs.--The costs of all boundary
surveys, title searches, cadastral surveys, appraisals, and
other real estate transactions required for the conveyance of
the Power Plant to the District under section 3(b)(1) shall
be paid in equal shares by the Secretary and the District.
(c) Costs of Compliance With Other Laws.--The costs
associated with any review required under 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.),
subtitle III of title 54, United States Code, or any other
applicable laws for conveyance of the Power Plant to the
District under section 3(b)(1) shall be paid in equal shares
by the Secretary and the District.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Michigan (Mrs.
Dingell) each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 3415, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 3415 sponsored by
Congresswoman Hageman of Wyoming. This legislation would direct the
Bureau of Reclamation to enter negotiations with the Midvale Irrigation
District to transfer the Pilot Butte Power Plant to the district.
Under current law, the Bureau of Reclamation holds title to the power
plant and related facilities, and ownership of the power plant cannot
be transferred unless authorized by Congress.
This plant has not produced electricity since 2008, when the Bureau
of Reclamation determined that increasing operation and maintenance
costs made electricity generation at the plant economically infeasible.
The district has expressed interest in taking ownership and
rehabilitating and operating the power plant and related facilities to
provide power to the district's water users.
This legislation is the first step in achieving that goal. It would
allow the Midvale Irrigation District to harness additional
hydroelectric power resources, a carbon-free, reliable source of
energy.
At a time when good stewardship of taxpayer resources and access to
reliable energy are at the forefront of so many debates in Washington,
I am proud that our committee advanced legislation that accomplishes
both objectives.
Mr. Speaker, I thank Congresswoman Hageman for her leadership. I urge
adoption of this legislation, and I reserve the balance of my time.
Mrs. DINGELL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this bill would authorize the Bureau of Reclamation to
convey the title of the Pilot Butte Power Plant in Wyoming to the
Midvale Irrigation District. The transfer would follow negotiation of a
mutually beneficial transfer agreement that must ensure full compliance
with environmental laws and other applicable laws.
Following a title transfer, the irrigation district will explore
opportunities to rehabilitate the facility for improved power
generation.
I am pleased to support the bill, and I reserve the balance of my
time.
{time} 1630
Mr. WESTERMAN. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Wyoming (Ms. Hageman), the bill's sponsor.
Ms. HAGEMAN. Mr. Speaker, I rise in support of my bill, the Pilot
Butte Power Plant Conveyance Act.
This important legislation initiates the transfer of the Pilot Butte
Power Plant from the Bureau of Reclamation to the Midvale Irrigation
District.
Specifically, the Pilot Butte Power Plant Conveyance Act requires the
Bureau of Reclamation to enter good-faith negotiations with the Midvale
Irrigation District for the conveyance of the Pilot Butte Power Plant,
located in Pavillion, Wyoming. This is a critical step towards
improving responsible resource management.
Several months ago, we had the privilege of learning from Wyoming's
Midvale Irrigation District on this important topic in a hearing in the
Subcommittee of Water, Wildlife and Fisheries.
[[Page H400]]
In this hearing, we learned from both Midvale and the Bureau that
this conveyance will allow the district to more easily maintain and
operate the plant after the title transfer.
The message from each party involved in the conveyance was that this
is a win-win for everyone involved. Transferring ownership of the power
plant to Midvale will provide for greater flexibility and relieve
administrative burdens for the Bureau of Reclamation.
As we all know, local communities and entities are often better
equipped to understand the unique needs and challenges of their
communities.
Placing control of the hydro plant in the hands of Midvale Irrigation
District will empower them to make decisions that directly impact their
region. This conveyance promotes a sense of ownership and
accountability that will lead to more efficient operations and
responsive governance.
This transfer will have positive economic benefits. Hydroelectric
plants have the potential to generate substantial revenue. By allowing
Midvale to control these resources, they can reinvest profits into the
community. This will ultimately mean improved infrastructure and more
support for local businesses.
The economic ripple effect can be profound and positively impact the
lives of those living in the district.
Moreover, it is important to note that Midvale is intimately familiar
with the intricacies of water management and distribution in their
area. Updating and repairing this hydro plant will expand the State's
portfolio, allowing for a more holistic approach to resource
management.
This will help Wyoming to optimize water usage, balancing the needs
of agriculture, industry, and the environment more effectively.
We have an obvious need to increase the amount of water stored
through surface infrastructure and groundwater storage projects.
This particular conveyance will allow us to more effectively manage
our water and provide power to our communities. Additionally,
environmental stewardship is a critical consideration.
Wyomingites are more attuned to the ecological nuances of their
surroundings. By placing the hydro plant under local control, we
increase the practice of responsible environmental practices. This
includes measures to protect aquatic life, maintain water quality, and
ensure the responsible operation of the plant without compromising our
ecosystems.
The Pilot Butte Power Plant Conveyance Act will empower Wyoming
communities, boost Wyoming's economy, enhance resource management, and
promote responsible environmental practices.
It is a decision that reflects the values of decentralization, self-
determination, and self-reliance.
I thank Senator Barrasso and Senator Lummis for their leadership on
this issue on the Senate side, and Midvale Irrigation District manager
Steve Lynn, who was critical in elevating this issue and the solution
we have before us this evening.
Mr. Speaker, I urge my colleagues to support this bill.
Mrs. DINGELL. Mr. Speaker, I urge my colleagues to support this
legislation, and I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield myself the balance of my time to
close.
Mr. Speaker, the principle of cooperative federalism means that
decisions are made at the appropriate level of government, at the
Federal, State, and local levels.
H.R. 3415 embodies this principle by transferring control of the
Pilot Butte Power Plant to the Midvale Irrigation District, putting
local project beneficiaries in charge of resource management,
harnessing additional hydroelectric power resources, and ultimately,
lowering cost.
I once again thank Congresswoman Hageman for her leadership. I urge
my colleagues to support this bill, and I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 3415.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. WESTERMAN. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
____________________