[House Report 107-648]
[From the U.S. Government Publishing Office]



                                                                       
107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-648

======================================================================



 
                    HUMBOLDT PROJECT CONVEYANCE ACT

                                _______
                                

 September 9, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 5039]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 5039) to direct the Secretary of the Interior to convey 
title to certain irrigation project property in the Humboldt 
Project, Nevada, to the Pershing County Water Conservation 
District, Pershing County, Lander County, and the State of 
Nevada, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Humboldt Project Conveyance Act''.

SEC. 2. DEFINITIONS.

  For purposes of this Act:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (2) State.--The term ``State'' means the State of Nevada.
          (3) PCWCD.--The term ``PCWCD'' means the Pershing County 
        Water Conservation District, a public entity organized under 
        the laws of the State of Nevada.
          (4) Pershing county.--The term ``Pershing County'' means the 
        Pershing County government, a political subunit of the State of 
        Nevada.
          (5) Lander county.--The term ``Lander County'' means the 
        Lander County government, a political subunit of the State of 
        Nevada.

SEC. 3. AUTHORITY TO CONVEY TITLE.

  (a) In General.--The Secretary shall, as soon as practicable after 
the date of enactment of this Act, convey, all right, title, and 
interest in and to the lands and features of the Humboldt Project, 
including all water rights for storage and diversion, to PCWCD, the 
State, Pershing County, and Lander County, consistent with the terms 
and conditions set forth in the Memorandum of Agreement between PCWCD 
and Lander County dated January 24, 2000, the Conceptual Agreement 
between PCWCD and the State dated October 18, 2001, and the Letter of 
Agreement between Pershing County and the State dated April 16, 2002.
  (b) Compliance With Agreements.--All parties to the conveyance under 
subsection (a) shall comply with the terms and conditions of the 
agreements cited in subsection (a).
  (c) Report.--If the conveyance required by this section has not been 
completed within 18 months after the date of enactment of this Act, the 
Secretary shall submit a report to the Committee on Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate that describes--
          (1) the status of the conveyance;
          (2) any obstacles to completion of the conveyance; and
          (3) the anticipated date for completion of the conveyance.

SEC. 4. PAYMENT.

  (a) In General.--As consideration for any conveyance required by 
section 3, PCWCD shall pay to the United States the net present value 
of miscellaneous revenues associated with the lands and facilities to 
be conveyed.
  (b) Withdrawn Lands.--As consideration for any conveyance of 
withdrawn lands required by section 3, the entity receiving title shall 
pay the United States (in addition to amounts paid under subsection 
(a)) the fair market value for any such lands conveyed that were 
withdrawn from the public domain pursuant to the Secretarial Orders 
dated March 16, 1934, and April 6, 1956.
  (c) Administrative Costs.--Administrative costs for conveyance of any 
land or facility under this Act shall be paid in equal shares by the 
Secretary and the entity receiving title to the land or facility, 
except costs identified in subsections (d) and (e).
  (d) Real Estate Transfer Costs.--As a condition of any conveyance of 
any land or facility required by section 3, costs of all boundary 
surveys, title searches, cadastral surveys, appraisals, and other real 
estate transactions required for the conveyance shall be paid by the 
entity receiving title to the land or facility.
  (e) NEPA Costs.--Costs associated with any review required under the 
National Environmental Policy Act of 1969 for conveyance of any land or 
facility under section 3 shall be paid in equal shares by the Secretary 
and the entity receiving title to the land or facility.
  (f) State of Nevada.--The State shall not be responsible for any 
payments for land or facilities under this section. Any proposal by the 
State to reconvey to another entity land conveyed by the Secretary 
under this Act shall be pursuant to an agreement with the Secretary 
providing for fair market value to the United States for the lands, and 
for continued management of the lands for recreation, wildlife habitat, 
wetlands, or resource conservation.

SEC. 5. COMPLIANCE WITH OTHER LAWS.

  Following the conveyance required by section 3, the district, the 
State, Pershing County, and Lander County shall, with respect to the 
interests conveyed, comply with all requirements of Federal, State, and 
local law applicable to non-Federal water distribution systems.

SEC. 6. REVOCATION OF WITHDRAWALS.

  Effective on the date of the conveyance required by section 3, the 
Secretarial Orders dated March 16, 1934, and April 6, 1956, that 
withdrew public lands for the Rye Patch Reservoir and the Humboldt 
Sink, are hereby revoked.

SEC. 7. LIABILITY.

  Effective on the date of the conveyance required by section 3, 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 
Humboldt Project, except for damages caused by acts of negligence 
committed by the United States or by its employees or agents prior to 
the date of conveyance. Nothing in this section shall be considered to 
increase the liability of the United States beyond that currently 
provided in chapter 171 of title 28, United States Code, popularly 
known as the Federal Tort Claims Act.

SEC. 8. NATIONAL ENVIRONMENTAL POLICY ACT.

  Prior to conveyance the Secretary shall complete all actions as may 
be required under the National Environmental Policy Act of 1969 (U.S.C. 
4321 et seq.).

SEC. 9. FUTURE BENEFITS.

  Upon conveyance of the lands and facilities by the Secretary under 
this Act, the Humboldt Project shall no longer be a Federal reclamation 
project and the district shall not be entitled to receive any future 
reclamation benefits with respect to that project, except those 
benefits that would be available to other nonreclamation districts.

                          PURPOSE OF THE BILL

    The purpose of H.R. 5039, is to direct the Secretary of the 
Interior to convey title to certain irrigation project property 
in the Humboldt Project, Nevada to the Pershing County Water 
Conservation District, Pershing County, Lander County, and the 
State of Nevada.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Bureau of Reclamation began work on the Humboldt 
Project in 1933. Rye Patch Dam, the main feature of the 
Humboldt Project, was completed in 1936 and has a capacity of 
213,000 acre-feet of water. The Pershing County Water 
Conservation District (PCWCD) provides water to approximately 
38,000 acres of irrigated crop and pasture land located in the 
Lovelock Valley. PCWCD has operated and maintained the 
facilities associated with the Humboldt Project since January 
15, 1941. The project has been completely repaid including the 
1976 rehabilitation of Rye Patch Dam.
    H.R. 5039 provides for the transfer of lands and facilities 
to the PCWCD, Pershing County, Lander County and the State of 
Nevada. It requires that the title transfer shall be consistent 
with terms and conditions of several existing agreements. If 
the transfer is not completed within a specified time frame, 
H.R. 5039 requires that a report be submitted to the 
appropriate committees of the Congress describing the current 
status.

                            COMMITTEE ACTION

    H.R. 5039 was introduced on June 27, 2002, by Congressman 
Jim Gibbons. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Water and Power. On July 9, 2002, the Subcommittee held a 
hearing on the bill. On July 24, 2002, the Full Resources 
Committee met to consider the bill. The Subcommittee on Water 
and Power was discharged from further consideration of the bill 
by unanimous consent. Congressman Gibbons offered an amendment 
to address cost share issues and the time frame for the 
transfer to occur. It was agreed to by unanimous consent. The 
bill, as amended, was then ordered favorably reported to the 
House of Representatives by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This Act may be cited as the ``Humboldt Project Conveyance 
Act''.

Section 2. Definitions

    This section defines terms utilized in the Act.

Section 3. Authority to convey title

    This Section authorizes the secretary to transfer the 
property as soon as practicable following completion of all 
associated surveys and requirements of the National 
Environmental Policy Act.

Section 4. Payment

    This section calls for payment of the net present value of 
lands and facilities to be conveyed. Administrative costs for 
conveyance shall be paid in equal share by the Secretary and 
the entity receiving title to the land or facility. Costs of 
all boundary surveys, title searches, cadastral surveys, 
appraisals, and other real estate transaction costs shall be 
paid by the entity receiving title. All costs associated with 
compliance with the National Environmental Policy Act shall be 
paid in equal amounts by the Secretary and the receiving 
entity. The State of Nevada shall not be responsible for any of 
the above costs.

Section 5. Compliance with other laws

    This section specifies that the receiving entities shall 
comply with all Federal, State and local law applicable to non-
Federal water distribution systems.

Section 6. Revocation of withdrawals

    Effective on the date of conveyance, the Secretarial orders 
that withdrew public lands of the Rye Patch Reservoir and the 
Humboldt Sink are revoked.

Section 7. Liability

    Effective on the date of conveyance, the United States 
shall not be held liable for damages of any kind arising out of 
any act, omission, or occurrence relating to the Humboldt 
Project, except for damages caused by acts of negligence 
committed by the United States or by its employees or agents 
prior to the date of conveyance.

Section 8. Existing rights not affected

    Nothing in this Act shall affect the rights of any person 
except as provided in the Act. Nothing in the Act shall affect 
or abrogate any provision of any contract regarding any 
person's right to use water.

Section 9. National Environmental Policy Act

    Prior to conveyance the Secretary shall complete all 
actions as may be required under the National Environmental 
Policy Act of 1969.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, the 
lands being transferred produce a few hundred dollars a year to 
the federal government, however, enacting H.R. 5039 would have 
no significant effect on the federal budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to convey title to certain irrigation 
project property in the Humboldt Project, Nevada to the 
Pershing County Water Conservation District, Pershing County, 
Lander County, and the State of Nevada.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 5, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5039, the Humboldt 
Project Conveyance Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark Hadley.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 5039--Humboldt Project Conveyance Act

    H.R. 5039 would direct the Secretary of the Interior to 
transfer title to the lands and facilities that make up the 
Humboldt Project to the Pershing County Water Conservation 
District, the state of Nevada, and Pershing and Lander 
counties. As a condition of conveyance, the district, the 
state, and the counties would pay the federal government the 
net present value of miscellaneous receipts associated with the 
lands and facilities they would receive.
    CBO estimates that enacting H.R. 5039 would have no 
significant effect on the federal budget. Based on information 
from the Bureau of Reclamation, CBO estimates that costs of 
transferring the real estate, conducting environmental reviews, 
and other administrative expenses would be less than $500,000. 
Because enacting H.R. 5039 would affect direct spending, pay-
as-you-go procedures would apply, but CBO estimates that any 
such impact would be negligible. The government currently 
collects a few hundred dollars a year from these lands for 
grazing permits and leases for utility rights to way. A receipt 
of the net present value of those amounts would be negligible.
    H.R. 3509 contains no intergovernment or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
The conveyance authorized by this bill would benefit the state 
of Nevada and the local governments that would receive title to 
lands and facilities. Any costs that these governments would 
incur to meet the conditions imposed by the bill would be 
voluntary.
    The CBO staff contact for this estimate is Mark Hadley. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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