I 

108TH CONGRESS 

1ST SESSION H. R. 2257

To convey the Lower Yellowstone Irrigation Project, the Savage Unit of 

the Pick-Sloan Missouri Basin Program, and the Intake Irrigation 

Project to the appurtenant Irrigation Districts. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2003

Mr. REHBERG introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To convey the Lower Yellowstone Irrigation Project, the Savage Unit of the Pick-Sloan Missouri Basin Program, 

and the Intake Irrigation Project to the appurtenant 

Irrigation Districts.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lower Yellowstone 

5 Reclamation Projects Conveyance Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
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1 (1) DIVERSION WORKS.—The term ‘‘diversion 

works’’ means the land in the N1⁄2 NW1 2 ⁄4 Sec. 36, 

3 T.18N., R.56E. P. M., Montana, and the diversion 

4 dam structure, canal headworks structure, and first 

5 section of the main canal, all contained therein. 

6 (2) INTAKE IRRIGATION DISTRICT.—The term 

7 ‘‘Intake Irrigation District’’ means the Irrigation 

8 District by that name that is organized under the 

9 laws of the State of Montana and operates the In10 take Project. 

11 (3) INTAKE PROJECT.—The term ‘‘Intake 

12 Project’’ means the Federal irrigation development 

13 operated by the Intake Irrigation District and au14 thorized under the Act of August 11, 1939 (chapter 

15 717; 53 Stat. 1418). 

16 (4) IRRIGATION DISTRICTS.—The term ‘‘irriga17 tion districts’’ means—

18 (A) the Intake Irrigation District; 

19 (B) the Lower Yellowstone Irrigation Dis20 trict No. 1; 

21 (C) the Lower Yellowstone Irrigation Dis22 trict No. 2; and 

23 (D) the Savage Irrigation District. 

24 (5) LOWER YELLOWSTONE IRRIGATION DIS25 TRICT NO. 1.—The term ‘‘Lower Yellowstone Irriga-
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1 tion District No. 1’’ means the irrigation district by 

2 that name that is organized under the laws of the 

3 State of Montana and operates the part of the 

4 Lower Yellowstone Irrigation Project located in the 

5 State of Montana. 

6 (6) LOWER YELLOWSTONE IRRIGATION DIS7 TRICT NO. 2.—The term ‘‘Lower Yellowstone Irriga8 tion District No. 2’’ means the irrigation district by 

9 that name that is organized under the laws of the 

10 State of North Dakota and operates the part of the 

11 Lower Yellowstone Irrigation Project located in the 

12 State of North Dakota. 

13 (7) LOWER YELLOWSTONE IRRIGATION

14 PROJECT.—The term ‘‘Lower Yellowstone Irrigation 

15 Project’’ means the Federal irrigation development 

16 operated by Lower Yellowstone Irrigation District 

17 No. 1 and Lower Yellowstone Irrigation District No. 

18 2 and authorized by the Act of June 17, 1902 

19 (chapter 1093; 32 Stat. 388). 

20 (8) MEMORANDUM OF UNDERSTANDING.—The 

21 term ‘‘Memorandum of Understanding’’ means the 

22 memorandum of understanding dated November 16, 

23 1999, and any subsequent replacements or amend24 ments between the Districts and the Montana Area 

25 Office, Great Plains Region, Bureau of Reclamation, 
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1 for the purpose of defining certain principles by 

2 which the title to the projects will be transferred 

3 from the United States to the districts. 

4 (9) PICK-SLOAN MISSOURI BASIN PROGRAM.—

5 The term ‘‘Pick-Sloan Missouri Basin Program’’ 

6 means the comprehensive Federal program for mul7 tipurpose benefits within the Missouri River Basin 

8 including irrigation authorized by section 9 of the 

9 Act of December 22, 1944, commonly known as the 

10 ‘‘Flood Control Act of 1944’’ (chapter 665; 58 Stat. 

11 891). 

12 (10) PICK-SLOAN MISSOURI BASIN PROGRAM

13 PROJECT USE POWER.—The term ‘‘Pick-Sloan Mis14 souri Basin Program Project Use Power’’ means 

15 power available for establishing and maintaining the 

16 irrigation developments of the Pick-Sloan Missouri 

17 Basin Program. 

18 (11) PROJECTS.—The term ‘‘projects’’ means—

19 (A) the Lower Yellowstone Irrigation 

20 Project; 

21 (B) the Intake Project; and 

22 (C) the Savage Unit.

23 (12) SAVAGE IRRIGATION DISTRICT.—The term 

24 ‘‘Savage Irrigation District’’ means the irrigation 

25 district by that name that is organized under the 
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1 laws of the State of Montana and operates the Sav2 age Unit. 

3 (13) SAVAGE UNIT.—The term ‘‘Savage Unit’’ 

4 means the Savage Unit of the Pick-Sloan Missouri 

5 Basin Program. 

6 (14) SECRETARY.—The term ‘‘Secretary’’ 

7 means the Secretary of the Interior. 

8 SEC. 3. CONVEYANCE OF PROJECTS. 

9 (a) CONVEYANCES.—

10 (1) IN GENERAL.—The Secretary shall, as soon 

11 as practicable, convey the projects, including all 

12 works, facilities, and lands of the projects, to the ir13 rigation districts in accordance with all applicable 

14 laws and pursuant to the terms of the memorandum 

15 of understanding. 

16 (2) TWO STAGES.—The conveyance shall take 

17 place in two stages. The first stage shall include all 

18 conveyances under this Act except diversion works. 

19 The second stage shall consist of all conveyances 

20 under this Act of the diversion works. 

21 (3) LANDS.—

22 (A) IN GENERAL.—All lands, easements, 

23 and rights-of-way the United States possess 

24 that are conveyed by the Secretary to the re25 spective irrigation districts under this Act shall 
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1 be conveyed by quitclaim deed. All such convey2 ances are subject to permits, licenses, leases, 

3 rights-of-use, or right-of-way of record out4 standing held by third parties on, over, or 

5 across such lands, easements, and rights-of6 way. 

7 (B) MINERAL RIGHTS.—All conveyances of 

8 lands under this Act shall be subject to—

9 (i) a reservation by the United States 

10 of all minerals of any nature whatsoever, 

11 excluding sand and gravel; and 

12 (ii) oil, gas, and other mineral rights 

13 reserved of record before the date of con14 veyance by or in favor of third parties. 

15 (4) WATER RIGHTS.—The Secretary shall con16 vey to the respective irrigation districts in accord17 ance with and subject to the law of the State of 

18 Montana, all natural flow, wastewater, seepage, re19 turn flow, domestic water, stock water, and ground20 water rights held in part or wholly in the name of 

21 the United States that are used to serve the lands 

22 within the irrigation districts. 

23 (5) COSTS.—

24 (A) RECLAMATION WITHDRAWN LANDS.—

25 The irrigation districts shall purchase Reclama-
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1 tion Withdrawn lands that are identified in the 

2 Memorandum of Understanding, for their value 

3 in providing operation and maintenance benefits 

4 to the irrigation districts.

5 (B) SAVAGE UNIT REPAYMENT OBLIGA6 TIONS.—

7 (i) SAVAGE IRRIGATION DISTRICT.—

8 As a condition of any conveyance of Rec9 lamation Withdrawn lands under subpara10 graph (A), the Secretary shall require the 

11 Savage Irrigation District to pay to the 

12 Secretary an amount equal to the present 

13 value of the remaining water supply repay14 ment obligation of such district. Payment 

15 of such amount by the district shall be 

16 treated as full payment under Contract 

17 Number I1r–1525, as amended and as ex18 tended by Contract No. 9–07–60–W0770.

19 (ii) PICK-SLOAN MISSOURI BASIN PRO20 GRAM CONSTRUCTION OBLIGATION.—As a 

21 condition of any conveyance of Reclama22 tion Withdrawn lands under subparagraph 

23 (A), the Secretary shall require payment 

24 from the Pick-Sloan Missouri Basin Pro25 gram (Eastern Division) power customers 
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1 $94,727. This payment shall be out of the 

2 receipts from the sale of power from the 

3 Pick-Sloan Missouri Basin Program (East4 ern Division) collected by the Western 

5 Area Power Administration and deposited 

6 into the Reclamation fund of the Treasury 

7 in fiscal year 2003. This payment shall be 

8 treated as full and complete repayment by 

9 the power customers of the construction 

10 aid-to-irrigation associated with the facili11 ties of the Savage Unit.

12 (b) REVOCATION OF RECLAMATION WITHDRAWALS

13 AND ORDERS.—

14 (1) The Reclamation withdrawal established by 

15 Public Land Order 4711 dated October 6, 1969, for 

16 the Lower Yellowstone Irrigation Project in lots 1 

17 and 2, Section 3, T.23N., R. 59 E., is hereby re18 voked in its entirety. 

19 (2) The Secretarial Order of March 22, 1906, 

20 which was issued for irrigation works on/in lots 3 

21 and 4, Section 2, T. 23N., R. 59E., and the Secre22 tarial Order of August 8, 1905, which was issued for 

23 irrigation works in Section 2, T. 17 N., R. 56 E. 

24 and Section 6, T. 17 N., R. 57 E., are hereby re25 voked in their entirety. 
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1 (3) The Secretarial Orders of August 24, 1903, 

2 and July 27, 1908, which were issued in connection 

3 with the Lower Yellowstone Irrigation Project are 

4 revoked insofar as they affect the following lands: 

5 (A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, 

6 T.18N., R.57E.; lot 3 of Sec. 4, T.19N., 

7 R.58E.; lots 2 and 3 and 6 and 7 of Sec. 12, 

T.21N., R.58E.; SW1⁄4NW1 8 ⁄4 of Sec. 26, 

9 T.22N., R.58E; lots 1 and 4 and 7 and 

NW1⁄4SW1 10 ⁄4 of Sec. 20, T.22N., R.59E.; 

SE1⁄4NE1 11 ⁄4 of Sec. 13, T.23N., R.59E.; and lot 

12 2 of Sec. 18, T.24N., R.60E.; all in the Prin13 cipal Meridian, Montana. 

14 (B) Lot 8 of Sec. 2 and lot 1 and lot 2 

and lot 3 and NE1⁄4NE1 15 ⁄4 of Sec. 10 and lot 2 

16 of Sec. 11 and lot 6 of Sec. 18 and lot 3 of Sec. 

17 35, T.151N., R.104W.; and lot 7 of Sec. 28, 

18 T.152N., R.104W.; all in the Fifth Principal 

19 Meridian, North Dakota.

20 SEC. 4. REPORT. 

21 If any conveyance under this Act has not occurred 

22 within the 2-year period beginning on the date of the en23 actment of this Act in the case of a conveyance required 

24 to be in the first stage under section 3(a)(2), or within 

25 the 5-year period beginning on the date of the enactment 
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1 of this Act in the case of a conveyance required to be in 

2 the second stage under section 3(a)(2), the Secretary shall 

3 submit to the Committee on Resources of the House of 

4 Representatives and the Committee on Energy and Re5 sources of the Senate, by not later than 60 days after the 

6 end of that period, a status report on the status of the 

7 conveyance and the anticipated completion date of the con8 veyance. 

9 SEC. 5. RECREATION MANAGEMENT. 

10 As a condition of any conveyance of lands under sec11 tion 3, the Secretary shall require that Lower Yellowstone 

12 Irrigation District No. 1 and Lower Yellowstone Irrigation 

13 District No. 2 convey a perpetual conservation easement 

14 to the State of Montana, at no cost to the State, for the 

15 purposes of protecting, preserving, and enhancing the con16 servation values and permitting recreation on Federal 

17 lands to be conveyed under this Act.

18 SEC. 6. PROJECT PUMPING POWER. 

19 The Secretary—

20 (1) shall sustain the irrigation developments es21 tablished by the Lower Yellowstone irrigation 

22 project, the Intake Project, and the Savage Unit as 

23 components of the irrigation plan under the Pick24 Sloan Missouri River Basin Program; and 
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1 (2) shall continue to provide the irrigation dis2 tricts with Pick-Sloan Missouri River Basin Project 

3 Use Power at the irrigation districts’ pumping 

4 plants, except that—

5 (A) the rate shall be at the preference 

6 power rate; and 

7 (B) there shall be no ability-to-pay adjust8 ment with respect to such power. 

9 SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION. 

10 (a) IN GENERAL.—The Secretary, prior to the con11 veyance of title to the diversion works under this Act and 

12 in cooperation with the irrigation districts, shall provide 

13 fish protection devices—

14 (1) to prevent juvenile and adult fish from en15 tering the main canal of the Lower Yellowstone Irri16 gation Project; and 

17 (2) to allow bottom dwelling fish species to mi18 grate above the Project’s intake diversion dam.

19 (b) PARTICIPATION.—The Secretary and the Irriga20 tion Districts shall work cooperatively in planning, engi21 neering, and constructing the fish protection devices. 

22 (c) CONSTRUCTION SCHEDULE.—Construction of the 

23 fish protection devices shall be completed within 2 years 

24 after the date of enactment of this Act.
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1 (d) MONITORING.—The Secretary, acting through 

2 the Commissioner of the Bureau of Reclamation and the 

3 Director of the United States Fish and Wildlife Service, 

4 and prior to the conveyance of title to the diversion works 

5 under this Act, shall establish and implement a monitoring 

6 plan to measure the effectiveness of the fish protection de7 vices for a minimum period of 2 years after construction 

8 of the devices is completed.

9 (e) MODIFICATIONS.—The Secretary of the Interior, 

10 prior to the conveyance of title to the diversion works 

11 under this Act, shall be responsible for modifying the de12 vices as necessary to ensure proper functioning of the de13 vices. All modifications shall be completed within 3 years 

14 after the devices were initially constructed.

15 (f) YELLOWSTONE RIVER FISHERIES PROTECTION

16 DEVICES COSTS.—The cost incurred in planning, engi17 neering, constructing, monitoring, and modifying the fish 

18 protection devices is deemed to be nonreimbursable. 

19 (g) OPERATION, MAINTENANCE AND REPLACEMENTS

20 RESPONSIBILITY.—Following completion of the construc21 tion period and the 2-year monitoring and modifications 

22 required under this section, the irrigation districts shall 

23 operate, maintain, and replace the fisheries protection de24 vices in a manner to ensure proper functioning. 
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1 SEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE 

2 BENEFITS. 

3 Upon conveyance of the projects under this Act, the 

4 irrigation districts shall not be subject to the reclamation 

5 laws or entitled to receive any reclamation benefits under 

6 those laws except as provided in section 6. 

7 SEC. 9. LIABILITY. 

8 Effective on the date of conveyance of any of the 

9 projects under this Act, the United States shall not be 

10 liable under any State or Federal law for damages of any 

11 kind arising out of any act, omission, or occurrence relat12 ing to the project, except for damages caused by acts of 

13 negligence committed by the United States or by its em14 ployees, agents, or contractors prior to the date of this 

15 conveyance. Nothing in this section shall be considered to 

16 increase the liability of the United States beyond that cur17 rently provided in chapter 171 of title 28, United States 

18 Code, popularly known as the Federal Tort Act. 

19 SEC. 10. COMPLIANCE WITH LAWS. 

20 As a condition of any conveyance under section 3, the 

21 Secretary shall, by no later than the date on which the 

22 conveyance occurs, complete appropriate analyses of the 

23 conveyance in compliance with the requirements of the 

24 National Environmental Policy Act of 1969 (42 U.S.C. 
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1 4321 et seq.), the Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.), and other applicable laws.

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