[106th Congress Public Law 220]
[From the U.S. Government Printing Office]
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[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.
291]>>
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carlsbad Irrigation Project Acquired
Land Transfer Act''.
SEC. 2. CONVEYANCE.
(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
agreement.
(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.
SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE
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
conveyance--
(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.
SEC. 4. VOLUNTARY WATER CONSERVATION PRACTICES.
Nothing in this Act shall be construed to limit the ability of the
District to voluntarily implement water conservation practices.
SEC. 5. LIABILITY.
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]]
SEC. 6. FUTURE BENEFITS.
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.
LEGISLATIVE HISTORY--S. 291 (H.R. 1019):
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HOUSE REPORTS: No. 106-260 accompanying H.R. 1019 (Comm. on Resources).
SENATE REPORTS: No. 106-19 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Mar. 25, considered and passed
Senate.
Vol. 146 (2000):
June 6, 7, considered and passed
House.
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