[108th Congress Public Law 382]
[From the U.S. Government Printing Office]


[DOCID: f:publ382.108]

[[Page 2211]]

                    PROVO RIVER PROJECT TRANSFER ACT

[[Page 118 STAT. 2212]]

Public Law 108-382
108th Congress

                                 An Act


 
 To authorize the Secretary of the Interior to convey certain lands and 
 facilities of the Provo River Project. <<NOTE: Oct. 30, 2004 -  [H.R. 
                                3391]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: Provo River Project Transfer 
Act. Utah.>> Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Provo River Project Transfer Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the contract 
        numbered 04-WC-40-8950 and entitled ``Agreement Among the United 
        States, the Provo River Water Users Association, and the 
        Metropolitan Water District of Salt Lake & Sandy to Transfer 
        Title to Certain Lands and Facilities of the Provo River 
        Project'' and shall include maps of the land and features to be 
        conveyed under the Agreement.
            (2) Association.--The term ``Association'' means the Provo 
        River Water Users Association, a nonprofit corporation organized 
        under the laws of the State.
            (3) District.--The term ``District'' means the Metropolitan 
        Water District of Salt Lake & Sandy, a political subdivision of 
        the State.
            (4) Pleasant grove property.--
                    (A) In general.--The term ``Pleasant Grove 
                Property'' means the 3.79-acre parcel of land acquired 
                by the United States for the Provo River Project, Deer 
                Creek Division, located at approximately 285 West 1100 
                North, Pleasant Grove, Utah, as in existence on the date 
                of enactment of this Act.
                    (B) Inclusions.--The term ``Pleasant Grove 
                Property'' includes the office building and shop complex 
                constructed by the Association on the parcel of land 
                described in subparagraph (A).
            (5) Provo reservoir canal.--The term ``Provo Reservoir 
        Canal'' means the canal, and any associated land, rights-of-way, 
        and facilities acquired, constructed, or improved by the United 
        States as part of the Provo River Project, Deer Creek Division, 
        extending from, and including, the Murdock Diversion Dam at the 
        mouth of Provo Canyon, Utah, to and including the Provo 
        Reservoir Canal Siphon and Penstock, as in existence on the date 
        of enactment of this Act.

[[Page 118 STAT. 2213]]

            (6) Salt lake aqueduct.--The term ``Salt Lake Aqueduct'' 
        means the aqueduct and associated land, rights-of-way, and 
        facilities acquired, constructed or improved by the United 
        States as part of the Provo River Project, Aqueduct Division, 
        extending from, and including, the Salt Lake Aqueduct Intake at 
        the base of Deer Creek Dam to and including the Terminal 
        Reservoirs located at 3300 South St. and Interstate Route 215 in 
        Salt Lake City, Utah, as in existence on the date of enactment 
        of this Act.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or a designee of the Secretary.
            (8) State.--The term ``State'' means the State of Utah.

SEC. 3. CONVEYANCE OF LAND AND FACILITIES.

    (a) Conveyances to Association.--
            (1) Provo reservoir canal.--
                    (A) In general.--In accordance with the terms and 
                conditions of the Agreement and subject to subparagraph 
                (B), the Secretary shall convey to the Association, all 
                right, title, and interest of the United States in and 
                to the Provo Reservoir Canal.
                    (B) Condition.--The conveyance under subparagraph 
                (A) shall not be completed until the Secretary executes 
                the Agreement and accepts future arrangements entered 
                into by the Association, the District, the Central Utah 
                Water Conservancy District, and the Jordan Valley Water 
                Conservancy District providing for the operation, 
                ownership, financing, and improvement of the Provo 
                Reservoir Canal.
            (2) Pleasant grove property.--In accordance with the terms 
        and conditions of the Agreement, the Secretary shall convey to 
        the Association, all right, title, and interest of the United 
        States in and to the Pleasant Grove Property.

    (b) Conveyance to District.--
            (1) In general.--In accordance with the terms and conditions 
        of the Agreement, and subject to the execution of the Agreement 
        by the Secretary, the Secretary shall convey to the District, 
        all right, title, and interest of the United States in and to 
        Salt Lake Aqueduct.
            (2) Easements.--
                    (A) In general.--As part of the conveyance under 
                paragraph (1), the Secretary shall grant to the District 
                permanent easements to--
                          (i) the National Forest System land on which 
                      the Salt Lake Aqueduct is located; and
                          (ii) land of the Aqueduct Division of the 
                      Provo River Project that intersects the parcel of 
                      non-Federal land authorized to be conveyed to the 
                      United States under section 104(a) of Public Law 
                      107-329 (116 Stat. 2816).
                    (B) Purpose.--The easements conveyed under 
                subparagraph (A) shall be for the use, operation, 
                maintenance, repair, improvement, or replacement of the 
                Salt Lake Aqueduct by the District.
                    (C) Limitation.--The United States shall not carry 
                out any activity on the land subject to the easements 
                conveyed under subparagraph (A) that would materially

[[Page 118 STAT. 2214]]

                interfere with the use, operation, maintenance, repair, 
                improvement, or replacement of the Salt Lake Aqueduct by 
                the District.
                    (D) Boundaries.--The boundaries of the easements 
                conveyed under subparagraph (A) shall be determined by 
                the Secretary, in consultation with the District and the 
                Secretary of Agriculture.
                    (E) Transfer of administrative jurisdiction.--
                          (i) In general.--On conveyance of the easement 
                      to the land described in subparagraph (A)(ii), the 
                      Secretary, subject to the easement, shall transfer 
                      to the Secretary of Agriculture administrative 
                      jurisdiction over the land.
                          (ii) Administrative site.--The land 
                      transferred under clause (i) shall be administered 
                      by the Secretary of Agriculture as an 
                      administrative site.
                    (F) Administration.--The easements conveyed under 
                subparagraph (A) shall be administered by the Secretary 
                of Agriculture in accordance with section 501(b)(3) of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1761(b)(3)).

    (c) Consideration.--
            (1) Association.--
                    (A) In general.--In exchange for the conveyance 
                under subsection (a)(1), the Association shall pay the 
                Secretary an amount that is equal to the sum of--
                          (i) the net present value of any remaining 
                      debt obligation of the United States with respect 
                      to the Provo Reservoir Canal; and
                          (ii) the net present value of any revenues 
                      from the Provo Reservoir Canal that, based on past 
                      history--
                                    (I) would be available to the United 
                                States but for the conveyance of the 
                                Provo Reservoir Canal under subsection 
                                (a)(1); and
                                    (II) would be deposited in the 
                                reclamation fund established under the 
                                first section of the Act of June 17, 
                                1902 (43 U.S.C. 391), and credited under 
                                the terms of Reclamation Manual/
                                Directives and Standards PEC 03-01.
                    (B) Deduction.--In determining the net present 
                values under clauses (i) and (ii) of subparagraph (A), 
                the Association may deduct from the net present value 
                such sums as are required for the reimbursement 
                described in the Agreement.
            (2) District.--
                    (A) In general.--In exchange for the conveyance 
                under subsection (b)(1), the District shall pay the 
                Secretary an amount that is equal to the sum of--
                          (i) the net present value of any remaining 
                      debt obligation of the United States with respect 
                      to the Salt Lake Aqueduct; and
                          (ii) the net present value of any revenues 
                      from the Salt Lake Aqueduct that, based on past 
                      history--
                                    (I) would have been available to the 
                                United States but for the conveyance of 
                                the Salt Lake Aqueduct under subsection 
                                (b)(1); and

[[Page 118 STAT. 2215]]

                                    (II) would be deposited in the 
                                reclamation fund established under the 
                                first section of the Act of June 17, 
                                1902 (43 U.S.C. 391), and credited under 
                                the terms of Reclamation Manual/
                                Directives and Standards PEC 03-01.
                    (B) Deduction.--In determining the net present 
                values under clauses (i) and (ii) of subparagraph (A), 
                the District may deduct from the net present value such 
                sums as are required for the reimbursement described in 
                the Agreement.

    (d) Payment of Costs.--In addition to amounts paid to the Secretary 
under subsection (c), the Association and the District shall, in 
accordance with the Agreement, pay the Secretary--
            (1) any necessary and reasonable administrative and real 
        estate transfer costs incurred by the Secretary in carrying out 
        the conveyance; and
            (2) one-half of any necessary and reasonable costs 
        associated with complying with--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C)(i) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.); and
                    (ii) any other Federal cultural resource laws.

    (e) Compliance With Environmental Laws.--
            (1) In general.--Before <<NOTE: Applicability.>> conveying 
        land and facilities under subsections (a) and (b), the Secretary 
        shall comply with all applicable requirements under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) any other law applicable to the land and 
                facilities.
            (2) Effect.--Nothing in this Act modifies or alters any 
        obligations under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); or
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).

SEC. 4. EXISTING CONTRACTS.

    (a) Deer Creek Division Construction Contract.--Notwithstanding the 
conveyances under subsections (a) and (b)(1) of section 3, and subject 
to the terms of the Agreement, any portion of the Deer Creek Division, 
Provo River Project, Utah, that is not conveyed under that section shall 
continue to be operated and maintained by the Association, in accordance 
with the contract numbered I1r-874, dated June 27, 1936, and entitled 
the ``Contract Between the United States and Provo River Water Users 
Association Providing for the Construction of the Deer Creek Division of 
the Provo River Project, Utah''.
    (b) Provo River Project and Jordan Aqueduct System Contracts.--
Subject to the terms of the Agreement, any written contract of the 
United States in existence on the date of enactment of this Act relating 
to the operation and maintenance of any division or facility of the 
Provo River Project or the Jordan Aqueduct System

[[Page 118 STAT. 2216]]

is confirmed and declared to be a valid contract of the United States 
that is enforceable in accordance with the express terms of the 
contract.
    (c) Use of Central Utah Project Water.--
            (1) In general.--Subject to paragraph (2), any entity with 
        contractual Provo Reservoir Canal or Salt Lake Aqueduct capacity 
        rights in existence on the date of enactment of this Act may, in 
        addition to the uses described in the existing contracts, use 
        the capacity rights, without additional charge or further 
        approval from the Secretary, to transport Central Utah Project 
        water on behalf of the entity or others.
            (2) Limitations.--An entity shall not use the capacity 
        rights to transport Central Utah Project water under paragraph 
        (1) unless--
                    (A) the transport of the water is expressly 
                authorized by the Central Utah Water Conservancy 
                District;
                    (B) the use of the water facility to transport the 
                Central Utah Project water is expressly authorized by 
                the entity responsible for operation and maintenance of 
                the facility; and
                    (C) carrying Central Utah Project water through 
                Provo River Project facilities would not--
                          (i) materially impair the ability of the 
                      Central Utah Water Conservancy District or the 
                      Secretary to meet existing express environmental 
                      commitments for the Bonneville Unit; or
                          (ii) require the release of additional Central 
                      Utah Project water to meet those environmental 
                      commitments.

    (d) Authorized Modifications.--The Agreement may provide for--
            (1) the modification of the 1936 Repayment Contract for the 
        Deer Creek Division of the Provo River Project to reflect the 
        partial prepayment, the adjustment of the annual repayment 
        amount, and the transfer of the Provo Reservoir Canal and the 
        Pleasant Grove Property; and
            (2) the modification or termination of the 1938 Repayment 
        Contract for the Aqueduct Division of the Provo River Project to 
        reflect the complete payout and transfer of all facilities of 
        the Aqueduct Division.

    (e) Effect of Act.--Nothing in this Act impairs any contract 
(including subscription contracts) in effect on the date of enactment of 
this Act that allows for or creates a right to convey water through the 
Provo Reservoir Canal.

SEC. 5. EFFECT OF CONVEYANCE.

    On conveyance of any land or facility under subsection (a) or (b)(1) 
of section 3--
            (1) the land and facilities shall no longer be part of a 
        Federal reclamation project;
            (2) the Association and the District shall not be entitled 
        to receive any future reclamation benefits with respect to the 
        land and facilities, except for benefits that would be available 
        to other nonreclamation facilities; and
            (3) the United States shall not be liable for damages 
        arising out of any act, omission, or occurrence relating to the 
        land and facilities, but shall continue to be liable for damages 
        caused

[[Page 118 STAT. 2217]]

        by acts of negligence committed by the United States or by any 
        employee or agent of the United States before the date of 
        conveyance, consistent with chapter 171 of title 28, United 
        States Code.

SEC. 6. REPORT.

    If a conveyance required under subsection (a) or (b)(1) of section 3 
is not completed by the date that is 18 months after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
that--
            (1) describes the status of the conveyance;
            (2) describes any obstacles to completing the conveyance; 
        and
            (3) specifies an anticipated date for completion of the 
        conveyance.

    Approved October 30, 2004.

LEGISLATIVE HISTORY--H.R. 3391 (S. 1876):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-719 (Comm. on Resources).
SENATE REPORTS: No. 108-365 accompanying S. 1876 (Comm. on Energy and 
Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            Oct. 4, considered and passed House.
            Oct. 10, considered and passed Senate.

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