[106th Congress Public Law 220]
[From the U.S. Government Printing Office]

[DOCID: f:publ220.106]

[[Page 114 STAT. 347]]

Public Law 106-220
106th Congress

                                 An Act

   To convey certain real property within the Carlsbad Project in New 
Mexico to the Carlsbad Irrigation District. <<NOTE: June 20, 2000 -  [S. 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Carlsbad Irrigation Project 
Acquired Land Transfer Act.>>  assembled,


    This Act may be cited as the ``Carlsbad Irrigation Project Acquired 
Land Transfer Act''.


    (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,

[[Page 114 STAT. 348]]

        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 

    (d) Completion of <<NOTE: Deadlines. Reports.>> 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.
                    ACQUIRED LANDS.

    (a) Identification <<NOTE: Deadline.>>  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 shall 
continue to adhere to the current Bureau of Reclamation mineral leasing 
stipulations for the Carlsbad Project.

[[Page 114 STAT. 349]]

    (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 
                    (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.


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


    Effective <<NOTE: Effective date.>> 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.

[[Page 114 STAT. 350]]


    Effective <<NOTE: Effective date.>> 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.

    Approved June 20, 2000.


HOUSE REPORTS: No. 106-260 accompanying H.R. 1019 (Comm. on Resources).
SENATE REPORTS: No. 106-19 (Comm. on Energy and Natural Resources).
                                                        Vol. 145 (1999):
                                    Mar. 25, considered and passed 
                                                        Vol. 146 (2000):
                                    June 6, 7, considered and passed