114 STAT. 1410 PUBLIC LAW 106–366—OCT. 27, 2000

Public Law 106–366

106th Congress

An Act

To direct the Secretary of the Interior, through the Bureau of Reclamation, to

convey to the Loup Basin Reclamation District, the Sargent River Irrigation

District, and the Farwell Irrigation District, Nebraska, property comprising the

assets of the Middle Loup Division of the Missouri River Basin Project, Nebraska.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. CONVEYANCE OF THE ASSETS OF THE MIDDLE LOUP DIVISION OF THE MISSOURI RIVER BASIN PROJECT,

NEBRASKA.

(a) IN GENERAL.—The Secretary shall, as soon as practicable

after the date of the enactment of this Act and in accordance

with all applicable law, convey all right, title, and interest in

and to the property comprising the assets of the Missouri River

Basin Project, Middle Loup Division, Nebraska, in accordance with

the Memorandum of Understanding.

(b) SALE PRICE.—The Secretary shall accept $2,847,360 as payment from the District and $2,600,000 as payment from the power

customers under the terms specified in this section, as consideration

for the conveyance under subsection (a). Out of the receipts from

the sale of power from the Pick-Sloan Missouri Basin Program

(Eastern Division) collected by the Western Area Power Administration and deposited into the Reclamation fund of the Treasury in

fiscal year 2001, $2,600,200 shall be treated as full and complete

payment by the power customers of such consideration and repayment by the power customers of all aid to irrigation associated

with the facilities conveyed under subsection (a).

(c) FUTURE BENEFITS.—Upon payment by the Districts of

consideration for the conveyance in accordance with the Memorandum of Understanding, the Middle Loup Division of the Missouri

River Basin Project—

(1) shall not be treated as a Federal reclamation project;

and

(2) shall not be subject to the reclamation laws or entitled

to receive any reclamation benefits under those laws.

(d) LIABILITY.—Except as otherwise provided by law, effective

on the date of conveyance of the assets under this section, the

United States shall not be liable for damages of any kind arising

out of any act, omission, or occurrence based on its prior ownership

or operation of the assets.

SEC. 2. DEFINITIONS.

In this Act:

Oct. 27, 2000

[H.R. 2984]

PUBLIC LAW 106–366—OCT. 27, 2000 114 STAT. 1411

LEGISLATIVE HISTORY—H.R. 2984 (S. 1612):

HOUSE REPORTS: No. 106–829 (Comm. on Resources).

SENATE REPORTS: No. 106–373 accompanying S. 1612 (Comm. on Energy and

Natural Resources).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Sept. 18, considered and passed House.

Oct. 13, considered and passed Senate.

Æ

(1) ASSETS.—The term ‘‘assets’’ has the meaning that term

has in the Memorandum of Understanding.

(2) DISTRICTS.—The term ‘‘Districts’’ means the Loup Basin

Reclamation District, the Sargent River Irrigation District, and

the Farwell Irrigation District, Nebraska.

(3) MEMORANDUM OF UNDERSTANDING.—The term ‘‘Memorandum of Understanding’’ means Bureau of Reclamation

memorandum of understanding number 99AG601285, entitled

‘‘MEMORANDUM OF UNDERSTANDING BETWEEN

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION GREAT PLAINS REGION

NEBRASKA-KANSAS AREA OFFICE AND LOUP BASIN

RECLAMATION DISTRICT FARWELL IRRIGATION DISTRICT SARGENT IRRIGATION DISTRICT CONCERNING

PRINCIPLES AND ELEMENTS OF PROPOSED TRANSFER

OF TITLE TO WORKS, FACILITIES AND LANDS IN THE

MIDDLE LOUP DIVISION’’.

Approved October 27, 2000.