[Congressional Record (Bound Edition), Volume 146 (2000), Part 10]
[House]
[Pages 13572-13574]
[From the U.S. Government Publishing Office, www.gpo.gov]



             GRIFFITH PROJECT PREPAYMENT AND CONVEYANCE ACT

  Mr. WALDEN of Oregon. Madam Speaker, I move to suspend the rules and 
pass the Senate bill (S. 986) to direct the Secretary of the Interior 
to convey the Griffith Project to the Southern Nevada Water Authority.
  The Clerk read as follows:

                                 S. 986

       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 ``Griffith Project Prepayment 
     and Conveyance Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) The term ``Authority'' means the Southern Nevada Water 
     Authority, organized under the laws of the State of Nevada.
       (2) The term ``Griffith Project'' means the Robert B. 
     Griffith Water Project, authorized by and constructed 
     pursuant to the Southern Nevada Water Project Act, Public Law 
     89-292, as amended, (commonly known as the ``Southern Nevada 
     Water Project Act'') (79 Stat. 1068), including pipelines, 
     conduits, pumping plants, intake facilities, aqueducts, 
     laterals, water storage and regulatory facilities, electric 
     substations, and related works and improvements listed 
     pursuant to ``Robert B. Griffith Water Project (Formerly 
     Southern Nevada Water Project), Nevada: Southern Clark 
     County, Lower Colorado Region Bureau of Reclamation'', on 
     file at the Bureau of Reclamation and all interests in land 
     acquired under Public Law 89-292, as amended.
       (3) The term ``Secretary'' means the Secretary of the 
     Interior.
       (4) The term ``Acquired Land(s)'' means all interests in 
     land, including fee title, right(s)-of-way, and easement(s), 
     acquired by the United States from non-Federal sources by 
     purchase, donation, exchange, or condemnation pursuant to 
     Public Law 89-292, as amended for the Griffith Project.
       (5) The term ``Public Land'' means lands which have never 
     left Federal ownership and are under the jurisdiction of the 
     Bureau of Land Management.
       (6) The term ``Withdrawn Land'' means Federal lands which 
     are withdrawn from settlement, sale, location of minerals, or 
     entry under some or all of the general land laws and are 
     reserved for a particular public purpose pursuant to Public 
     Law 89-292, as amended, under the jurisdiction of the Bureau 
     of Reclamation, or are reserved pursuant to Public Law 88-639 
     under the jurisdiction of the National Park Service.

     SEC. 3. CONVEYANCE OF GRIFFITH PROJECT.

       (a) In General.--In consideration of the Authority assuming 
     from the United States all liability for administration, 
     operation, maintenance, and replacement of the Griffith 
     Project and subject to the prepayment by the Authority of the 
     Federal repayment amount of $121,204,348 (which amount shall 
     be increased to reflect any accrued unpaid interest and shall 
     be decreased by the amount of any additional principal 
     payments made by the Authority after September 15, 1999, 
     prior to the date on which prepayment occurs), the Secretary 
     shall, pursuant to the provisions of this Act--

[[Page 13573]]

       (1) convey and assign to the Authority all of the right, 
     title, and interest of the United States in and to 
     improvements and facilities of the Griffith Project in 
     existence as of the date of this Act;
       (2) convey and assign to the Authority all of the right, 
     title, and interest of the United States to Acquired Lands 
     that were acquired for the Griffith Project; and
       (3) convey and assign to the Authority all interests 
     reserved and developed as of the date of this Act for the 
     Griffith Project in lands patented by the United States.
       (b) Pursuant to the authority of this section, from the 
     effective date of conveyance of the Griffith Project, the 
     Authority shall have a right of way at no cost across all 
     Public Land and Withdrawn Land--
       (1) on which the Griffith Project is situated; and
       (2) across any Federal lands as reasonably necessary for 
     the operation, maintenance, replacement, and repair of the 
     Griffith Project, including existing access routes.
     Rights of way established by this section shall be valid for 
     as long as they are needed for municipal water supply 
     purposes and shall not require payment of rental or other 
     fee.
       (c) Within twelve months after the effective date of this 
     Act--
       (1) the Secretary and the Authority shall agree upon a 
     description of the land subject to the rights of way 
     established by subsection (b) of this section; and
       (2) the Secretary shall deliver to the Authority a document 
     memorializing such rights of way.
       (d) Report.--If the conveyance under subsection (a) has not 
     occurred within twelve months after the effective date of 
     this Act, the Secretary shall submit to Congress a report on 
     the status of the conveyance.

     SEC. 4. RELATIONSHIP TO EXISTING CONTRACTS.

       The Secretary and the Authority may modify Contract No. 7-
     07-30-W0004 and other contracts and land permits as necessary 
     to conform to the provisions of this Act.

     SEC. 5. RELATIONSHIP TO OTHER LAWS AND FUTURE BENEFITS.

       (a) If the Authority changes the use or operation of the 
     Griffith Project, the Authority shall comply with all 
     applicable laws and regulations governing the changes at that 
     time.
       (b) On conveyance of the Griffith Project under section 3 
     of this Act, the Act of June 17, 1902 (43 U.S.C. 391 et 
     seq.), and all Acts amendatory thereof or supplemental 
     thereto shall not apply to the Griffith Project. Effective 
     upon transfer, the lands and facilities transferred pursuant 
     to this Act shall not be entitled to receive any further 
     Reclamation benefits pursuant to the Act of June 17, 1902, 
     and all Acts amendatory thereof or supplemental thereto 
     attributable to their status as a Federal Reclamation 
     Project, and the Griffith Project shall no longer be a 
     Federal Reclamation Project.
       (c) Nothing in this Act shall transfer or affect Federal 
     ownership, rights, or interests in Lake Mead National 
     Recreation Area associated lands, nor affect the authorities 
     of the National Park Service to manage Lake Mead National 
     Recreation Area including lands on which the Griffith Project 
     is located consistent with the Act of August 25, 1916 (39 
     Stat. 535), Public Law 88-639, October 8, 1964 (78 Stat. 
     1039), or any other applicable legislation, regulation, or 
     policy.
       (d) Nothing in this Act shall affect the application of 
     Federal reclamation law to water delivered to the Authority 
     pursuant to any contract with the Secretary under section 5 
     of the Boulder Canyon Project Act.
       (e) Effective upon conveyance of the Griffith Project and 
     acquired interests in land under section 3 of this Act, the 
     United States shall not be liable for damages of any kind 
     arising out of any act, omission, or occurrence based on its 
     prior ownership of the conveyed property.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. Walden) and the gentleman from American Samoa (Mr. 
Faleomavaega) each will control 20 minutes.
  The Chair recognizes the gentleman from Oregon (Mr. Walden).


                             General Leave

  Mr. WALDEN of Oregon. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on S. 986.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. WALDEN of Oregon. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, S. 986 was introduced by Senator Reid of Nevada and a 
companion bill was introduced by our friend and colleague, the 
gentleman from Nevada (Mr. Gibbons) on May 5 of 1999.
  This legislation provides for the Southern Nevada Water Authority to 
accept responsibility for administration, operation and maintenance of 
the Griffith Project and to pay the net present value of the remaining 
repayment obligation. In addition, the bill directs the Secretary to 
convey and assign to the authority all right, title and interest of the 
United States in and to the Griffith Project.
  The Griffith Project forms an integral part of a much larger water 
delivery system built separately by the Southern Nevada Water Authority 
and its constituent agencies. It consists of the intake facilities, 
pumping plants, et cetera required to provide water from Lake Meade for 
distribution.
  Madam Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I fully support the passage of S. 986. I note that the 
Department of the Interior has raised concerns regarding the effect of 
the bill on the Lake Meade National Recreation area. It is my 
understanding that the rights of way provisions in S. 986, while 
generous, are intended to provide the Southern Nevada Water Authority 
with reasonable access to project facilities across Federal lands.
  The Secretary of the Interior has responsibility for protecting and 
managing the Lake Mead National Recreation area, and I would expect the 
Secretary's participation in negotiations involving rights of way over 
Federal lands which provide ample opportunities to ensure that those 
resources are fully protected.
  Madam Speaker, I would like to say that I want to commend the 
gentleman from Nevada (Mr. Gibbons), my good friend, and the good 
senator from Nevada for his bipartisan support of this legislation, and 
I urge my colleagues to support this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. WALDEN of Oregon. Madam Speaker, I yield such time as he may 
consume to the gentleman from Nevada (Mr. Gibbons), the author of the 
House companion bill to S. 986.
  Mr. GIBBONS. Madam Speaker, I am pleased today to rise in support of 
S. 986, the Griffith Project Prepayment and Conveyance Act.
  Madam Speaker, I would like to thank my friend and colleague, the 
gentleman from Oregon (Mr. Walden) for yielding me the time with which 
to speak and to thank the chairman of the committee, the gentleman from 
Alaska (Mr. Young) and the gentleman from California (Mr. Doolittle) 
for their leadership and assistance with this bill and also to thank my 
friend and colleague, the gentleman from American Samoa (Mr. 
Faleomavaega) for his courtesies and assistance in this bill as well.
  The Griffith Project, formerly known as the Southern Nevada Project, 
was first authorized in 1965, and directed to Secretary of Interior to 
construct, operate and maintain the project in order to deliver water 
to Clark County, Nevada.
  With the phenomenal growth of the Las Vegas Valley over the past 
several decades, and the associated need for additional water, the 
Griffith Project has become but a small part of the overall system used 
to deliver water to the Las Vegas metropolitan area.
  With the strong support of the State and local government to increase 
and improve the water delivery and treatment system for the Las Vegas 
Valley, it is projected that the federally funded share of the overall 
system will decrease to approximately 6 percent when completed.
  The time has come, Madam Speaker, for the title of the Griffith 
Project to be transferred to the local ownership, and this is the goal 
of S. 986. S. 986 will convey to the Southern Nevada Water Authority 
all right, title and interest of the United States in and to the 
Griffith Project.
  This conveyance is subject to the payment by the Southern Nevada 
Water Authority of the net present value of the remaining repayment 
obligation.
  This repayment obligation will be determined under financial terms 
and conditions that are similar to other title transfer laws which have 
been enacted on other projects.

[[Page 13574]]

  The repayment obligation will also be governed by the guidance from 
the Department of Interior and the office of Management and Budget. 
This conveyance will simplify the overall operation of the system for 
the Southern Nevada Water Authority by removing some of the duplicative 
efforts required by having dual owners.
  For example, a pump station in the Griffith Project portion of the 
system requires repairs or maintenance, then Project employees must 
notify the Bureau of Reclamation that a repair is needed.
  Madam Speaker, then they must describe the exact nature of the work 
to be performed, obtain permission for a crew to perform the work and 
schedule the work to be done at such a time when the Bureau of 
Reclamation employees can be present just to watch or oversee the 
repair or maintenance being performed by the Project employees.
  When the Project work is completed, the Bureau of Reclamation then 
sends a local bill to the water authority for the time spent by its 
personnel simply watching the work being done by the Project employees.
  Madam Speaker, we should note that this could be as simple as 
replacing just a valve handle, even though there are no leaks or any 
technical problems with the system. Truly, Madam Speaker, this is a 
tremendous waste of Bureau of Reclamation time and an unnecessary and 
expensive cost burden for the people of Las Vegas.
  In summary, this is a rather straightforward bill which will result 
in a much simplified and improved operation of the water supply and 
treatment facility for the Las Vegas Valley.
  Madam Speaker, I, along with the senior Senator from Nevada, have 
worked with the Bureau of Reclamation to resolve their concerns, and we 
believe this is the right approach for Southern Nevada.
  I do understand the right of way issues that remain and will work 
with the administration and those concerned with that right of way 
issue to resolve those problems, and I would ask my colleagues to 
support this bipartisan bill and pass S. 986.
  Mr. FALEOMAVAEGA. Madam Speaker, I have no additional speakers, and I 
yield back the balance of my time.
  Mr. WALDEN of Oregon. Madam Speaker, I have no further speakers, and 
I yield back the balance of my time as well.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. Walden) that the House suspend the rules and 
pass the Senate bill, S. 986.
  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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