[Congressional Record (Bound Edition), Volume 146 (2000), Part 7]
[House]
[Pages 9579-9581]
[From the U.S. Government Publishing Office, www.gpo.gov]



         CARLSBAD IRRIGATION PROJECT ACQUIRED LAND TRANSFER ACT

  Mr. SHERWOOD. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 291) to convey certain real property within the 
Carlsbad Project in New Mexico to the Carlsbad Irrigation District.
  The Clerk read as follows:

                                 S. 291

       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 ``Carlsbad Irrigation Project 
     Acquired Land Transfer Act''.

     SEC. 2. CONVEYANCE.

       (a) Lands and Facilities.--
       (1) In general.--Except as provided in paragraph (2), and 
     subject to subsection (c), the Secretary of the Interior (in 
     this Act referred to as the ``Secretary'') may convey to the 
     Carlsbad Irrigation District (a quasi-municipal corporation 
     formed under the laws of the State of New Mexico and in this 
     Act referred to as the ``District''), all right, title, and 
     interest of the United States in and to the lands described 
     in subsection (b) (in this Act referred to as the ``acquired 
     lands'') and all interests the United States holds in the 
     irrigation and drainage system of the Carlsbad Project and 
     all related lands including ditch rider houses, maintenance 
     shop and buildings, and Pecos River Flume.
       (2) Limitation.--
       (A) Retained surface rights.--The Secretary shall retain 
     title to the surface estate (but not the mineral estate) of 
     such acquired lands which are located under the footprint of 
     Brantley and Avalon dams or any other project dam or 
     reservoir division structure.
       (B) Storage and flow easement.--The Secretary shall retain 
     storage and flow easements for any tracts located under the 
     maximum spillway elevations of Avalon and Brantley 
     Reservoirs.
       (b) Acquired Lands Described.--The lands referred to in 
     subsection (a) are those lands (including the surface and 
     mineral estate) in Eddy County, New Mexico, described as the 
     acquired lands and in section (7) of the ``Status of Lands 
     and Title Report: Carlsbad Project'' as reported by the 
     Bureau of Reclamation in 1978.
       (c) Terms and Conditions of Conveyance.--Any conveyance of 
     the acquired lands under this Act shall be subject to the 
     following terms and conditions:
       (1) Management and use, generally.--The conveyed lands 
     shall continue to be managed and used by the District for the 
     purposes for which the Carlsbad Project was authorized, based 
     on historic operations and consistent with the management of 
     other adjacent project lands.
       (2) Assumed rights and obligations.--Except as provided in 
     paragraph (3), the District shall assume all rights and 
     obligations of the United States under--
       (A) the agreement dated July 28, 1994, between the United 
     States and the Director, New Mexico Department of Game and 
     Fish (Document No. 2-LM-40-00640), relating to management of 
     certain lands near Brantley Reservoir for fish and wildlife 
     purposes; and
       (B) the agreement dated March 9, 1977, between the United 
     States and the New Mexico Department of Energy, Minerals, and 
     Natural Resources (Contract No. 7-07-57-X0888) for the 
     management and operation of Brantley Lake State Park.
       (3) Exceptions.--In relation to agreements referred to in 
     paragraph (2)--
       (A) the District shall not be obligated for any financial 
     support agreed to by the Secretary, or the Secretary's 
     designee, in either agreement; and
       (B) the District shall not be entitled to any receipts for 
     revenues generated as a result of either agreement.
       (d) Completion of Conveyance.--If the Secretary does not 
     complete the conveyance within 180 days from the date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Congress within 30 days after that period that includes a 
     detailed explanation of problems that have been encountered 
     in completing the conveyance, and specific steps that the 
     Secretary has taken or will take to complete the conveyance.

     SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE 
                   ACQUIRED LANDS.

       (a) Identification and Notification of Leaseholders.--
     Within 120 days after the date of enactment of this Act, the 
     Secretary of the Interior shall--
       (1) provide to the District a written identification of all 
     mineral and grazing leases in effect on the acquired lands on 
     the date of enactment of this Act; and
       (2) notify all leaseholders of the conveyance authorized by 
     this Act.
       (b) Management of Mineral and Grazing Leases, Licenses, and 
     Permits.--The District shall assume all rights and 
     obligations of the United States for all mineral and grazing 
     leases, licenses, and permits existing on the acquired lands 
     conveyed under section 2, and shall be entitled to any 
     receipts from such leases, licenses, and permits accruing 
     after the date of conveyance. All such receipts shall be used 
     for purposes for which the Project was authorized and for 
     financing the portion of operations, maintenance, and 
     replacement of the Summer Dam which, prior to conveyance, was 
     the responsibility of the Bureau of Reclamation, with the 
     exception of major maintenance programs in progress prior to 
     conveyance which shall be funded through the cost share 
     formulas in place at the time of conveyance. The District

[[Page 9580]]

     shall continue to adhere to the current Bureau of Reclamation 
     mineral leasing stipulations for the Carlsbad Project.
       (c) Availability of Amounts Paid Into Reclamation Fund.--
       (1) Existing receipts.--Receipts in the reclamation fund on 
     the date of enactment of this Act which exist as construction 
     credits to the Carlsbad Project under the terms of the 
     Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-359) 
     shall be deposited in the General Treasury and credited to 
     deficit reduction or retirement of the Federal debt.
       (2) Receipts after enactment.--Of the receipts from mineral 
     and grazing leases, licenses, and permits on acquired lands 
     to be conveyed under section 2, that are received by the 
     United States after the date of enactment and before the date 
     of conveyance--
       (A) not to exceed $200,000 shall be available to the 
     Secretary for the actual costs of implementing this Act with 
     any additional costs shared equally between the Secretary and 
     the District; and
       (B) the remainder shall be deposited into the General 
     Treasury of the United States and credited to deficit 
     reduction or retirement of the Federal debt.

     SEC. 4. VOLUNTARY WATER CONSERVATION PRACTICES.

       Nothing in this Act shall be construed to limit the ability 
     of the District to voluntarily implement water conservation 
     practices.

     SEC. 5. LIABILITY.

       Effective on the date of conveyance of any lands and 
     facilities authorized by this Act, 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 conveyed property, except for damages caused by acts of 
     negligence committed by the United States or by its 
     employees, agents, or contractors, prior to conveyance. 
     Nothing in this section shall be considered to increase the 
     liability of the United States beyond that provided under 
     chapter 171 of title 28, United States Code, popularly known 
     as the Federal Tort Claims Act.

     SEC. 6. FUTURE BENEFITS.

       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 
     Reclamation Act of June 17, 1902, and Acts supplementary 
     thereof or amendatory thereto attributable to their status as 
     part of a Reclamation Project.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Sherwood) and the gentleman from California (Mr. 
George Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Sherwood).


                             General Leave

  Mr. SHERWOOD. Mr. 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. 291.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. SHERWOOD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 291, the Carlsbad Irrigation Project Acquired Land 
Transfer Act, introduced by Senator Domenici of New Mexico, is the 
companion bill to H.R. 1019, introduced by the gentleman from New 
Mexico (Mr. Skeen), my esteemed colleague, that was reported from the 
Committee on Resources last year.
  For the last 6 years, the Subcommittee on Water and Power has pursued 
legislation to shrink the size and scope of the Federal Government 
through the defederalization of Bureau of Reclamation assets.
  S. 291 continues this defederalization process by authorizing the 
Secretary of the Interior to convey to the Carlsbad Irrigation District 
all right, title, and interest of the United States in and to the 
acquired lands and all interest the United States holds in the 
irrigation and drainage system of the Carlsbad project and all related 
land. The Carlsbad project is a paid-out, single purpose irrigation 
project delivering stored water to approximately 25,000 acres of 
farmland in southeastern New Mexico.
  This bill is one of several working their way through the House and 
Senate. It is the expectation of the committee that the Senate will 
accelerate its work on the other transfer bills that currently await 
action in the Senate.
  Mr. Speaker, I yield the balance of my time to the gentleman from New 
Mexico (Mr. Skeen), the author of the House version of the Carlsbad 
transfer, and ask unanimous consent that he be permitted to control 
that time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. SKEEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in enthusiastic and strong support of S. 291, the 
Carlsbad Irrigation Project Acquired Land Transfer Act. S. 291 was 
introduced by Senator Domenici and Senator Bingaman of New Mexico and 
is the companion bill to H.R. 1019, legislation that I introduced, 
which passed the Committee on Resources early last year. In fact, I 
have introduced a version of H.R. 1019 each of the last three 
Congresses only to run into some form of legislative or political brick 
wall each time.
  Ideally, I would have preferred to be debating H.R. 1019 right now in 
lieu of S. 291, as I believe that H.R. 1019 is a stronger bill and will 
serve the interests of Congress and the Carlsbad Irrigation District 
best. However, discretion is the better part of valor, and I will be 
pleased to finally send this bill to the President for his signature.
  After all, Senate 291 does continue my long-held belief that the more 
we can devolve the Federal rule and the local decision-making process 
the better the management will be.
  Now, for a history and justification. In 1905, the U.S. purchased 
acquired lands from the Pecos Irrigation Company. The amount paid for 
these lands or the methodology of repayment were contained within the 
Carlsbad Irrigation District's repayment obligations to the United 
States.

                              {time}  1330

  The district has repaid all the project costs attributed to them, 
which includes the acquired lands. Their obligations have been met in 
full. As a single-purpose project, the district received no repayment 
credits for flood control, recreation or other project beneficiaries.
  The 1924 Fact Finders Act requires all revenues, except minerals 
generated from the acquired lands, to be used by the district for the 
project and the 1939 Minerals Leasing Act permits all mineral receipts 
to be used by the district for district purposes. Both of these acts 
apply whether the district is paid out or not.
  In 1991, the district completed its repayment obligations. Almost 
$2.5 million has accumulated in the Reclamation Fund on behalf of CID 
and are currently available to offset new construction costs. Over 90 
years of precedent and several Solicitor Generals reports clearly 
recognize the District's right to all revenues from the acquired lands.
  However, and as a sign of good will to mistaken opposition, the 
district is waiving its justified right to the $2 million and allows it 
to be credited towards the national deficit or debt reduction. That 
ought to be interesting.
  The district is also accepting the O&M costs of Sumner Dam, which is 
currently the taxpayers' responsibility, and is accepting full 
responsibility for the conveyed lands and facilities. In addition, the 
district can only use revenues for maintenance and improvements of the 
project.
  The district is also waiving future eligibility for additional 
reclamation benefits for the conveyed lands and facilities. And simply 
put, the district is accepting the costs of the project and saving 
taxpayer dollars in the process.
  The responsible approach on behalf of taxpayers is absolution of the 
taxpayers' future monetary obligations; and that is accomplished by 
passage of this legislation, which requires the district's acceptance 
of financial responsibility.
  The State, the county, the city of Carlsbad have soundly endorsed the 
legislation. The administration supports the legislation. And most 
importantly, I support the bill.
  Mr. Speaker, I want to thank the district manager, Tom Davis; board 
chairman L.A. Johnson; Bill Ahrens; and the remainder of the board and 
members of the district for their patience and faith in the process.
  Finally, I would like to thank the gentleman from California 
(Chairman Doolittle), the gentleman from Alaska (Chairman Young), and 
the gentleman from California (Mr. George

[[Page 9581]]

Miller) and the gentleman from California (Mr. Dooley). For without 
each of their assistance, what has been a long road would have been 
considerably longer.
  In closing, I would be remiss to not mention the fine work of the 
majority staff, Bob Faber and Josh Johnson, and minority staffer Steve 
Lanich. We all know and appreciate the support the staff provides.
  Mr. Speaker, I strongly urge passage of S. 291.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, it is with great admiration and great respect and high 
regard for my colleague, the gentleman from New Mexico (Mr. Skeen), 
that I rise in support of the Carlsbad Irrigation Project Acquired 
Lands Transfer Act.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentleman from Pennsylvania (Mr. Skeen) that the House 
suspend the rules and pass the Senate bill, S. 291.
  The question was taken.
  Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the 
yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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