[Senate Report 108-62]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 126
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-62

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



 
                     FREMONT-MADISON CONVEYANCE ACT

                                _______
                                

                  June 9, 2003.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 520]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 520) to authorize the Secretary of the 
Interior to convey certain facilities to the Fremont-Madison 
Irrigation District in the State of Idaho, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                         PURPOSE OF THE MEASURE

    The purpose of S. 520, as ordered reported, is to authorize 
the Secretary of the Interior to convey certain facilities to 
the Fremont-Madison Irrigation District in the State of Idaho.

                          BACKGROUND AND NEED

    S. 520 provides for the transfer to the Fremont-Madison 
Irrigation District (District) of certain facilities that are 
associated with the Upper Snake River Division, Minidoka 
Project and the Lower Teton Division, Teton Basin Project. 
These facilities are located near Rexburg in eastern Idaho. The 
facilities are used exclusively for irrigation and are 
currently operated and maintained by the District. Two of the 
facilities, the Cross Cut Diversion Dam and Canal have been 
paid-out by the District. The Teton Exchange Wells, which are 
proposed to be transferred are valued at approximately $278,000 
by the Bureau of Reclamation.
    The title transfer provided for in S. 520 has been the 
subject of significant attention in eastern Idaho. The District 
and other entities that make up the Henry's Fork Watershed 
Council worked with the Bureau of Reclamation to address issues 
associated with the transfer. That collaborative process 
resulted in a Memorandum of Agreement (MOA) between the 
Secretary and the District identified as Contract No. 1425-01-
MA-10-3310, dated September 13, 2001. The MOA lists the 
facilities to be transferred and specifies the respective 
responsibilities for completing activities that are a 
prerequisite to the transfer. The MOA is set forth as Appendix 
A.

                          LEGISLATIVE HISTORY

    Senator Crapo introduced S. 520 on March 5, 2003. Senator 
Craig was an original co-sponsor. A companion measure, H.R. 
1106, was introduced in the House of Representatives by 
Congressman Simpson on March 5, 2003. The Water and Power 
Subcommittee held a hearing on S. 520 on May 13, 2003. A 
similar measure, S. 2556, was introduced in the 107th Congress 
on May 23, 2002. The Subcommittee on Water and Power held a 
hearing on S. 2556 on July 31, 2002. S. 2556 was reported by 
the Committee on October 3, 2002 with an amendment in the 
nature of a substitute and passed the Senate as amended on 
November 19, 2002, with additional unrelated amendments. A 
companion measure, H.R. 4708, passed the House on September 24, 
2002 and was referred to the Committee on Energy and Natural 
Resources. At the business meeting on May 21, 2003, the 
Committee on Energy and Natural Resources ordered S. 520 
favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 21, 2003, by a voice vote of a quorum 
present, recommends that the Senate pass S. 520.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 states the short title.
    Section 2 defines terms used in the Act.
    Section 3, subsection (a) directs the Secretary of the 
Interior to convey to the District pursuant to the terms of the 
MOA, all right, title, and interest of the United States in and 
to the identified facilities.
    Subsection (b) specifies that if the Secretary has not 
completed the title transfer by September 13, 2004, the 
Secretary is required to submit a report to Congress explaining 
the reasons that conveyance has not been completed and the 
anticipated for completion.
    Section 4, subsection (a) provides that the Secretary shall 
require the District to pay the administrative costs of the 
conveyance and costs of applicable review requirements under 
the National Environmental Policy Act of 1969, as described in 
the MOA which states that FMID agrees to cost share up to 50 
percent of such costs.
    Subsection (b) directs that in addition to the costs 
required by subsection (a), the Secretary shall require that 
the District pay the United States the lesser of the net 
present value of the remaining obligations owed by the District 
to the United States with respect to facilities conveyed, or 
$280,000. The money received will be deposited into the 
Reclamation Fund.
    Section 5, subsection (a) directs the Secretary to include 
in its conveyance of the Teton Exchange Wells, Idaho Department 
of Water Resources permit number 22-7022, including drilled 
wells under the permit as described in the MOA, and all 
equipment appurtenant to such wells.
    Subsection (b), extends the water service contract between 
the Secretary and the District until the conditions described 
in this Act are fulfilled.
    Section 6 directs the Secretary, prior to conveyance, to 
complete all environmental reviews and analyses as set forth in 
the MOA.
    Section 7 limits the liability of the United States upon 
conveyance of the facilities and is self-explanatory.
    Section 8 increases the acreage within the District 
eligible to receive water from the Minidoka and Teton Basin 
Projects to reflect the number of acres within the District as 
of the date of enactment of this Act. The increase in acreage 
does not alter the delivery of water authorized under current 
water storage contracts and State water law.
    Section 9 directs the Secretary, in collaboration with the 
stakeholders in the Henry's Fork watershed, to initiate a 
drought management planning process to address all water uses, 
including irrigation and the wild trout fishery, in the Henry's 
Fork watershed. It also directs the Secretary to report to 
Congress with a final drought management plan within 18 months 
of enactment.
    Section 10, subsection (a) disclaims any effect on existing 
rights and is self-explanatory.
    Subsection (b) disclaims any effect on any contract 
regarding any irrigation district's right to use water and is 
self-explanatory.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 2, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 520, the Fremont-
Madison Conveyance Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 520--Fremont-Madison Conveyance Act

    S. 520 would direct the Secretary of the Interior through 
the Bureau of Reclamation to convey certain components of a 
water distribution and drainage system to the Fremont-Madison 
Irrigation District in Idaho by September 2004. These 
components include a dam, a canal, and several wells, which are 
currently operated and maintained by the district and used for 
irrigation. The transfer would occur after the district meets 
its outstanding obligations under an existing repayment 
contract with the federal government. In addition, S. 520 would 
require the federal government to pay half of the costs 
associated with the conveyance, including a review under the 
National Environmental Policy Act. This bill also would 
authorize the Bureau to develop a drought management plan for 
the Henry's Fork watershed located in Idaho and Wyoming.
    CBO estimates that enacting S. 520 would result in an 
insignificant increase in offsetting receipts to the 
government. (Such receipts are a credit against direct 
spending.) Since 1977, the district has repaid $234,000 to the 
federal governments for the cost of constructing several water 
wells. As a condition of conveyance, CBO estimates that the 
federal government would receive an additional $133,000 from 
the district in 2004 as the final payment under the existing 
repayment contract for those wells. This amount represents the 
net present value of the remaining obligations owed by the 
district. This near-term cash savings would be offset by the 
loss of future offsetting receipts of about $10,000 a year over 
the 2004-2030 period. CBO also estimates that the Bureau of 
Reclamation would spend about $80,000 for its share of the 
administrative costs associated with this conveyance, assuming 
the availability of appropriated funds.
    S. 520 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
This conveyance would be voluntary on the part of the district, 
as would any costs it would incur to comply with the conditions 
set by the bill.
    The CBO staff contact for this estimate is Julie Middleton. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 520. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 520.

                        EXECUTIVE COMMUNICATIONS

    On May 13, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 520. These reports 
had not been received at the time the report on S. 520 was 
filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the Bureau 
of Reclamation at the Subcommittee hearing follows:

  Statement of John W. Keys III, Commissioner, Bureau of Reclamation, 
                    U.S. Department of the Interior

    My name is John Keys. I am Commissioner of the Bureau of 
Reclamation. I am pleased to provide the Administration's views 
on S. 520, the Fremont Madison Conveyance Act, which directs 
the Secretary of the Interior to transfer title of certain 
Federal owned facilities, lands and permits to the Fremont-
Madison Irrigation District (District).
    The facilities under consideration for transfer in S. 520, 
the Cross Cut Diversion Dam and Canal, the Teton Exchange Wells 
and the Idaho Department of Water Resources permit number 22-
7022B are associated with the Upper Snake River Division, 
Minidoka Project and the Lower Teton Division, Teton Basin 
Project, respectively, and are located near Rexburg in eastern 
Idaho. The facilities under consideration for transfer are used 
exclusively for irrigation purposes and have always been 
operated and maintained by the District. While the Cross Cut 
Diversion Dam and Canal are paid-out by the District, the 
legislation provides for a payment for the Teton Exchange 
Wells, which are currently valued at $277,961, based upon the 
outstanding balance to be repaid by the District.
    Mr. Chairman, over the last few years, we have been working 
very closely with the District and numerous other local 
organizations including the Henry's Fork Foundation, a local 
conservation and sportsmen's organization, to work through the 
issues on the title transfer for the features, lands and water 
rights associated with this project. We have made great 
progress in narrowing the scope of the transfer to meet the 
District's needs, protect the interests of the other 
stakeholders, and ensure that the transfer does not negatively 
impact downstream contractors of the integrated Snake River 
system. I testified before this Subcommittee last year that we 
had a few minor concerns with the legislation. Those issues 
were subsequently addressed and the Administration supports S. 
520 as written.
    In conclusion, Mr. Chairman, I have had the opportunity to 
work with the District over the last few years to reach the 
point where we are today. I would like to take this opportunity 
to compliment District Board Chairman Jeff Raybould and their 
Executive Director, Dale Swenson, for their diligence and 
commitment in working with us and the other interested entities 
of eastern Idaho on the issues surrounding this transfer. I 
would also like to thank Senator Crapo and Senator Craig and 
their staffs for their cooperation.
    That concludes my statement. I would be happy to answer any 
questions.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 520, as ordered 
reported.
                           A P P E N D I X  A

                              ----------                              


MEMORANDUM OF AGREEMENT BETWEEN UNITED STATES OF AMERICA, DEPARTMENT OF 
          THE INTERIOR AND FREMONT-MADISON IRRIGATION DISTRICT

    This Memorandum of Agreement (MOA) is made pursuant to the 
Reclamation Act of June 17, 1902 (32 Stat. 388), and acts 
amendatory thereof or supplementary thereto, between the UNITED 
STATES OF AMERICA, acting through the Bureau of Reclamation, 
Department of the Interior, hereinafter referred to as 
Reclamation, and the FREMONT-MADISON IRRIGATION DISTRICT, a 
public corporation organized under the laws of the State of 
Idaho, with its principal place of business in St. Anthony, 
Idaho, hereinafter referred to as FMID, and;
    WHEREAS, FMID has stated its intent to seek Congressional 
authority to transfer title of the United States' ownership 
interests in Cross Cut Diversion Dam and Cross Cut Canal, and 
the Teton wells including all well permits and water right 
permits (identified under permit number 22-7022 by the Idaho 
Department of Water Resources), both drilled and undrilled, 
together with all of the Reclamation's water right interests 
associated with such well permits, and any other associated 
facilities and real property pertaining to Cross Cut Diversion 
Dam and Cross Cut Canal, and the Teton wells held by the United 
States for the benefit of FMID, and;
    WHEREAS, in addition to the existing Teton wells, FMID has 
stated its intent to develop such additional wells (using said 
permit number 22-7022) as may be required to provide a 
supplemental water supply to the lands of its spaceholders in 
years when there is an adequate supply of water, and;
    WHEREAS, it is also FMID's intent to give the undeveloped 
portion of permit number 22-7022, not needed to provide a 
supplemental water supply to its spaceholders, to the Idaho 
Water Resources Board for the Water Board's future use, and;
    WHEREAS, FMID has also stated its intent to demonstrate its 
capacity for owning and operating these facilities, and;
    WHEREAS, Reclamation has a responsibility to protect the 
interests of the United States and its public's interests in 
the resources, which are supported by Reclamation's ownership 
of the facilities and real property proposed to be transferred, 
and;
    WHEREAS, Reclamation has the ultimate responsibility to 
approve environmental analyses, prepared by FMID or its 
contractors, associated with such a transfer and has adopted 
guidelines designed to assist FMID in implementing a successful 
transfer, and;
    WHEREAS, FMID and Reclamation agree to cooperate in a joint 
effort to evaluate the environmental impacts, and other 
elements associated with such a transfer and to prepare 
associated analyses required for the transfer, and;
    WHEREAS, Reclamation has no authorization or funds 
appropriated for paying costs associated with this title 
transfer and Reclamation will not be able to reimburse FMID for 
any of its expenditures without Congressional authorization, 
and;
    WHEREAS, FMID and Reclamation agree to proceed, as 
applicable, with title transfer under the August 1995 Framework 
for the transfer of Title process, although FMID does not 
necessarily agree to the exact sequence of events as set forth 
in said Framework;
    NOW THEREFORE, the parties agree as follows:
    1. Reclamation will be responsible for the following 
actions that may be undertaken in cooperation with FMID:
    (a) Assist FMID in the planning and completion of required 
environmental compliance activities to implement the proposed 
Federal action, including drafting a scoping document. 
Reclamation will also assist FMID with any planned scoping 
meetings and will attend the scoping meetings set up by FMID.
    (b) Following scoping and in consultation with FMID develop 
the alternatives for evaluation and analysis in Reclamation's 
National Environmental Policy Act (NEPA) documents and 
Endangered Species Act (ESA) compliance actions.
    (c) Review the work of FMID and/or any consultants engaged 
by FMID to assure that the applicable procedural requirements 
of NEPA, ESA and other applicable State and Federal laws are 
met as required. Reclamation reserves the right to approve any 
consultant retained by FMID in connection with the NEPA 
process.
    (d) Review NEPA documentation prepared by FMID to determine 
the appropriate level of NEPA compliance required for this 
action. As lead agency for NEPA compliance, final approval of 
NEPA documentation will be provided when determined to be 
satisfactory.
    (e) Request and pursue consultation with the National 
Marine Fisheries Service and the U.S. Fish and Wildlife Service 
pursuant to Section 7 of the Endangered Species Act.
    (f) Identify and/or inventory and consult with Tribes on 
Indian Trust Assets and Traditional Cultural Properties and 
ensure the Secretary's Native American Trust Responsibilities 
are met.
    (g) Conduct an asset valuation to determine the value of 
the features to be transferred and any revenue streams thereof. 
Said asset valuation has previously been performed and value 
determined by Reclamation.
    (h) Provide for an independent financial review of the 
adjusted asset value, if required.
    (i) Complete hazardous waste surveys on all Reclamation 
lands intended for title transfer.
    (j) Provide copies, if so requested, of drawings and non-
privileged legal documents currently in Reclamation's 
possession, to FMID that are associated with the lands, third 
party agreements, Reclamation's water rights, rights-of-way, 
and facilities to be included in the title transfer.
    (k) Perform other technical or administrative tasks 
associated with the title transfer process.
    (l) Review draft Federal authorization language and other 
transfer documents prepared by FMID.
    (m) Provide FMID with projections and/or summaries of 
expenses incurred in connection with the title transfer process 
upon the request of FMID. Further, Reclamation will notify FMID 
when Reclamation's total obligations in connection with the 
title transfer (including their 50 percent share of the costs 
associated with NEPA) exceed $80,000 and provide a summary of 
obligations, expenditures and estimated cost to complete.
    (n) Ensure that all contracts or obligations entered into 
relating to this MOA be revocable, wherein the contracts or 
obligations may be terminated at any time upon the request of 
FMID, and FMID will only be responsible for costs and 
expenditures incurred to the date of the termination and any 
contract termination cost.
    (o) Provide copies, if so requested, to FMID of all 
contracts, documents, invoices and other writings which 
evidence obligations pursuant to this MOA.
    2. The FMID will be responsible, subject to Reclamation's 
review and approval as appropriate, for the following:
    (a) Ensure completion of all activities required to comply 
with NEPA. ESA and other applicable State and Federal laws are 
required, including the draft biological assessment.
    (b) Arrange all public involvement, as deemed necessary and 
appropriate by both parties, including meetings places, 
mailings to all key participations, and notices to the public 
as required by Federal regulations.
    (c) Complete any required cultural resource surveys, 
prepare a draft cultural resource report, assist in developing 
any cultural, resource agreement with the State, and submit 
these documents to Reclamation for review and approval.
    (d) Draft Federal authorization language for the proposed 
title transfer to facilities as determined appropriate by the 
through this transfer process.
    (e) Any land surveys needed for the transfer of the project 
or related facilities shall be at the expense of FMID.
    (f) Prepare drafts of necessary legal documents including 
any associated agreements involving Federal, State, local and 
Tribal issues. FMID is responsible for officially contacting 
all interested local, State, Tribal and Federal agencies to 
determine if the have concerns or jurisdictional obligations 
which need to be met. FMID will provide Reclamation a report of 
these contacts and the agency responses.
    3. Areas of mutual responsibility:
    (1) Reclamation and FMID will appoint representatives to 
coordinate the transfer analysis and documentation process. All 
FMID requests for Reclamation relating to the transfer will go 
through Stuart Stanger, Deputy Area Manager, Reclamation, 
Burley, ID. All Reclamation requests to FMID relating to the 
transfer will go through Dale Swensen, Manager, FMID, St. 
Anthony, ID.
    (b) Reclamation and FMID will cooperate to conduct the 
process in a manner that ensures appropriate public and 
spaceholder participation.
    (c) Reclamation and FMID agrees to use, if appropriate, a 
quit claim deed to transfer title of facilities, water right 
interests held by the United States' Secretary of the Interior 
for Reclamation purposes, real property, and other interests 
from Reclamation to FMID, in title is transferred.
    (d) Reclamation and FMID agree to work cooperatively to 
determine final value of the features to be transferred based 
upon previous Reclamation asset valuation and any revenue 
streams thereof.
    (e) Reclamation and FMID agree that any of the 
responsibilities for either party may become the responsibility 
of the other party if agreed to by both parties in writing, 
unless prohibited by law or regulation.
    4. Costs:
    (a) Subject to the terms of this MOA, FMID agrees to cost 
share up to 50 percent of all transfer costs associated with 
applicable procedural requirements of the NEPA, ESA, other 
Federal cultural resource laws, and other applicable State and 
Federal laws as required. FMID agrees that it shall be 
responsible for paying, in advance, all costs incurred by it 
and/or Reclamation associated with the tasks described herein 
for title transfer, expect for those costs for which 
Reclamation agrees to by subsequent written agreement with the 
FMID. Any subsequent agreement will be documented as an 
amendment to this agreement. FMID intends to seek a cap of its 
share of the administrative costs in the legislation.
    (b) Reclamation may contract with another person or entity 
for any of the obligations described herein. Reclamation will 
ensure that the costs billed to FMID shall be actual costs, 
including Reclamation's actual costs for administering the 
contracts, if Reclamation contracts with another person or 
entity for any of the obligations herein.
    (c) FMID will pay in advance for Reclamation's reasonable 
costs for coordination, review, public meetings, oversight, and 
other reasonable costs related to the title transfer process.
    (d) FMID will pay in advance Reclamation's reasonable costs 
associated with cultural resource compliance actions, NEPA 
compliance, inspection of facilities, hazardous waste surveys, 
assistance by Reclamation in all documents related to real 
property transfer, and other reasonable Reclamation costs as 
described herein.
    (e) Reclamation and FMID agree that payment in advance for 
Reclamation costs completion of any or all aspects of this 
agreement does not guarantee that title will be transferred for 
any or all of the facilities named in this agreement or that 
transfer of title will be approved by Reclamation and/or the 
Congress of the United States. Notwithstanding the above 
Reclamation will do everything it can to facilitate a transfer.
    (f) Those costs for which the FMID will be fully 
responsible for in the proposed title transfer will include, 
but not limited to, to the following (for each of which FMID 
intends to seek the right of reimbursement through the 
legislative process):
    (i) Inspection of facilities designated herein to be 
transferred, if required, and review of property and lands, 
asset valuation, identification of Indian Trust Assets, 
hazardous material surveys, and other activities that are 
associated with or possibly impacted by the proposed transfer 
of Federal Reclamation facilities and associate lands.
    (ii) Reclamation's salary and overhead costs accrued for 
activities associated with this MOA.
    (iii) Travel by Reclamation staff, including per diem and 
transportation costs, as required for the above actions or 
activities and/or the development and negotiation of the terms 
for the proposed title transfer.
    (iv) Photocopying and mailing by Reclamation of documents 
related to the proposed title transfer (e.g., the proposed 
draft agreement for public review, comment, and public 
notification).
    (v) Title transfer recording costs.
    (g) Reclamation agrees to allocate authorized and 
appropriated funds as may become available for the performance 
of certain tasks which are described herein:
    (i) Reclamation and FMID agree to work in a prudent manner 
to minimize costs for activities associated with this 
agreement.
    5. Payment:
    (a) Reclamation will establish a unique costs account to 
track and account for the cost and services provided under the 
terms of this MOA.
    (b) FMID submitted an advance payment to Reclamation in the 
amount of $25,000 on November 20, 1998 (March 31, 2001 credit 
balance of $21,148.60) which will be held by Reclamation in 
account number AIR 1751 and will be applied toward 
Reclamation's costs, upon FMID's signature of this MOA 
(Contributed Funds Act 42 U.S.C. 345). Payment has been made 
payable to Bureau of reclamation, to the attention of 
Reclamation Grants Management Specialist, PN-6317, Bureau of 
Reclamation, 1150 North Curtis Road, Suite 100, Boise, Idaho 
83706.
    (c) FMID will maintain a balance of at least $5,000 in this 
account to be used to reimburse Reclamation's costs; and
    (d) Reclamation will contact FMID prior to the first of 
each month to discuss (consult) and itemize anticipated 
Reclamation actions and expenses for the upcoming month, and 
upon Reclamation's submittal of the itemized anticipated 
actions and costs to FMID. FMID shall promptly pay Reclamation 
for the anticipated reimbursable costs.
    (e) Following completion of title transfer or cessation 
(for whatever reason) of the title transfer process, 
Reclamation will refund within 60 days to FMID any unexpended 
advanced funds identifiable as excess of the total estimated 
costs.
    6. General Provisions:
    (a) All responsibilities of either or both parties required 
above shall be performed only after mutual agreement and 
reasonable notification to the other party.
    (b) FMID and Reclamation will work in a cooperative manner 
throughout the legislative process.
    (c) The parties pledge their individual good faith to seek 
a prompt and fair agreement on all issues relating to a 
proposed transfer described in this Agreement. FMID agrees that 
in order to facilitate a facility transfer, FMID must address 
all substantive issues in the context of Congressional 
hearings. In the event that an agreement on a particular matter 
cannot be promptly resolved, the parties pledge to continue to 
work cooperatively on those matters relating to a title 
transfer for which there is no disagreement.
    (d) This MOA shall become effective on the date of the last 
signature hereto. This MOA may be modified, amended or 
terminated upon mutual agreement of the parties hereto, but in 
any event will terminate two (2) years from the date of the MOA 
is signed unless renegotiated and or renewed at that time 
through mutual consent of both parties. Either party may 
terminate its obligations and duties under this MOA at any time 
upon 30 days written notice to the other party. All duties and 
obligations of both parties under this MOA will cease at that 
time except as the MOA provisions relate to accounting, 
termination of contracts and reimbursing the parties' expenses.
    (e) Nothing herein shall be construed to obligate the 
Bureau of Reclamation to expend or involve the United States of 
America in any contract or other obligation for the future 
payment of money in excess of appropriations authorized by law 
and administratively allocated for the purposes and projects 
contemplated hereunder.
    (f) No Member or delegate to Congress, or resident 
Commissioner, shall be admitted to any share or to be part of 
this MOA or to receive any benefit that may arise out of it 
other than as a water user or landowner in the same manner as 
other water user or landowner.
    IN WITNESS WHEREOF, the parties hereto have executed this 
MOA as of the last date and signature below.

UNITED STATES OF AMERICA

Date: September 13, 2001.
Jarrold D. Gregg,
Area Manager,
Snake River Area Office.

                                
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