United States Statutes at Large, Volume 118, 108th Congress, 2nd Session

[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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 2213]]
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 2214]]
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 2215]]
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 2216]]
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 2217]]
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.