II 

108TH CONGRESS 

2D SESSION H. R. 3391 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 5, 2004 

Received 

AN ACT 

To authorize the Secretary of the Interior to convey certain 

lands and facilities of the Provo River Project. 

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

2 This Act may be cited as the ‘‘Provo River Project 

3 Transfer Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) AGREEMENT.—The term ‘‘Agreement’’ 

7 means the contract numbered 04–WC-40–8950 and 

8 entitled ‘‘Agreement Among the United States, the 

9 Provo River Water Users Association, and the Met10 ropolitan Water District of Salt Lake & Sandy to 

11 Transfer Title to Certain Lands and Facilities of the 

12 Provo River Project’’ and shall include maps of the 

13 land and features to be conveyed under the Agree14 ment. 

15 (2) ASSOCIATION.—The term ‘‘Association’’ 

16 means the Provo River Water Users Association, a 

17 nonprofit corporation organized under the laws of 

18 the State. 

19 (3) DISTRICT.—The term ‘‘District’’ means the 

20 Metropolitan Water District of Salt Lake & Sandy, 

21 a political subdivision of the State. 

22 (4) PLEASANT GROVE PROPERTY.— 

23 (A) IN GENERAL.—The term ‘‘Pleasant 

24 Grove Property’’ means the 3.79-acre parcel of 

25 land acquired by the United States for the 

26 Provo River Project, Deer Creek Division, lo-
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1 cated at approximately 285 West 1100 North, 

2 Pleasant Grove, Utah, as in existence on the 

3 date of enactment of this Act. 

4 (B) INCLUSIONS.—The term ‘‘Pleasant 

5 Grove Property’’ includes the office building 

6 and shop complex constructed by the Associa7 tion on the parcel of land described in subpara8 graph (A). 

9 (5) PROVO RESERVOIR CANAL.—The term 

10 ‘‘Provo Reservoir Canal’’ means the canal, and any 

11 associated land, rights-of-way, and facilities ac12 quired, constructed, or improved by the United 

13 States as part of the Provo River Project, Deer 

14 Creek Division, extending from, and including, the 

15 Murdock Diversion Dam at the mouth of Provo Can16 yon, Utah, to and including the Provo Reservoir 

17 Canal Siphon and Penstock, as in existence on the 

18 date of enactment of this Act. 

19 (6) SALT LAKE AQUEDUCT.—The term ‘‘Salt 

20 Lake Aqueduct’’ means the aqueduct and associated 

21 land, rights-of-way, and facilities acquired, con22 structed or improved by the United States as part 

23 of the Provo River Project, Aqueduct Division, ex24 tending from, and including, the Salt Lake Aqueduct 

25 Intake at the base of Deer Creek Dam to and in-
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1 cluding the Terminal Reservoirs located at 3300 

2 South St. and Interstate Route 215 in Salt Lake 

3 City, Utah, as in existence on the date of enactment 

4 of this Act. 

5 (7) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior or a designee of the 

7 Secretary. 

8 (8) STATE.—The term ‘‘State’’ means the State 

9 of Utah. 

10 SEC. 3. CONVEYANCE OF LAND AND FACILITIES. 

11 (a) CONVEYANCES TO ASSOCIATION.— 

12 (1) PROVO RESERVOIR CANAL.— 

13 (A) IN GENERAL.—In accordance with the 

14 terms and conditions of the Agreement and 

15 subject to subparagraph (B), the Secretary 

16 shall convey to the Association, all right, title, 

17 and interest of the United States in and to the 

18 Provo Reservoir Canal. 

19 (B) CONDITION.—The conveyance under 

20 subparagraph (A) shall not be completed until 

21 the Secretary executes the Agreement and ac22 cepts future arrangements entered into by the 

23 Association, the District, the Central Utah 

24 Water Conservancy District, and the Jordan 

25 Valley Water Conservancy District providing for 
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1 the operation, ownership, financing, and im2 provement of the Provo Reservoir Canal. 

3 (2) PLEASANT GROVE PROPERTY.—In accord4 ance with the terms and conditions of the Agree5 ment, the Secretary shall convey to the Association, 

6 all right, title, and interest of the United States in 

7 and to the Pleasant Grove Property. 

8 (b) CONVEYANCE TO DISTRICT.— 

9 (1) IN GENERAL.—In accordance with the 

10 terms and conditions of the Agreement, and subject 

11 to the execution of the Agreement by the Secretary 

12 the Secretary shall convey to the District, all right, 

13 title, and interest of the United States in and to Salt 

14 Lake Aqueduct. 

15 (2) EASEMENTS.— 

16 (A) IN GENERAL.—As part of the convey17 ance under paragraph (1), the Secretary shall 

18 grant to the District permanent easements to— 

19 (i) the National Forest System land 

20 on which the Salt Lake Aqueduct is lo21 cated; and 

22 (ii) land of the Aqueduct Division of 

23 the Provo River Project that intersects the 

24 parcel of non-Federal land authorized to be 

25 conveyed to the United States under sec-
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1 tion 104(a) of Public Law 107–329 (116 

2 Stat. 2816). 

3 (B) PURPOSE.—The easements conveyed 

4 under subparagraph (A) shall be for the use, 

5 operation, maintenance, repair, improvement, or 

6 replacement of the Salt Lake Aqueduct by the 

7 District. 

8 (C) LIMITATION.—The United States shall 

9 not carry out any activity on the land subject 

10 to the easements conveyed under subparagraph 

11 (A) that would materially interfere with the 

12 use, operation, maintenance, repair, improve13 ment, or replacement of the Salt Lake Aque14 duct by the District. 

15 (D) BOUNDARIES.—The boundaries of the 

16 easements conveyed under subparagraph (A) 

17 shall be determined by the Secretary, in con18 sultation with the District and the Secretary of 

19 Agriculture. 

20 (E) TRANSFER OF ADMINISTRATIVE JURIS21 DICTION.— 

22 (i) IN GENERAL.—On conveyance of 

23 the easement to the land described in sub24 paragraph (A)(ii), the Secretary, subject to 

25 the easement, shall transfer to the Sec-
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1 retary of Agriculture administrative juris2 diction over the land. 

3 (ii) ADMINISTRATIVE SITE.—The land 

4 transferred under clause (i) shall be ad5 ministered by the Secretary of Agriculture 

6 as an administrative site. 

7 (F) ADMINISTRATION.—The easements 

8 conveyed under subparagraph (A) shall be ad9 ministered by the Secretary of Agriculture in 

10 accordance with section 501(b)(3) of the Fed11 eral Land Policy and Management Act of 1976 

12 (43 U.S.C. 1761(b)(3)). 

13 (c) CONSIDERATION.— 

14 (1) ASSOCIATION.— 

15 (A) IN GENERAL.—In exchange for the 

16 conveyance under subsection (a)(1), the Asso17 ciation shall pay the Secretary an amount that 

18 is equal to the sum of— 

19 (i) the net present value of any re20 maining debt obligation of the United 

21 States with respect to the Provo Reservoir 

22 Canal; and 

23 (ii) the net present value of any reve24 nues from the Provo Reservoir Canal that, 

25 based on past history— 
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1 (I) would be available to the 

2 United States but for the conveyance 

3 of the Provo Reservoir Canal under 

4 subsection (a)(1); and 

5 (II) would be deposited in the 

6 reclamation fund established under 

7 the first section of the Act of June 

8 17, 1902 (43 U.S.C. 391), and cred9 ited under the terms of Reclamation 

10 Manual/Directives and Standards 

11 PEC 03–01. 

12 (B) DEDUCTION.—In determining the net 

13 present values under clauses (i) and (ii) of sub14 paragraph (A), the Association may deduct 

15 from the net present value such sums as are re16 quired for the reimbursement described in the 

17 Agreement. 

18 (2) DISTRICT.— 

19 (A) IN GENERAL.—In exchange for the 

20 conveyance under subsection (b)(1), the District 

21 shall pay the Secretary an amount that is equal 

22 to the sum of— 

23 (i) the net present value of any re24 maining debt obligation of the United 
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1 States with respect to the Salt Lake Aque2 duct; and 

3 (ii) the net present value of any reve4 nues from the Salt Lake Aqueduct that, 

5 based on past history— 

6 (I) would have been available to 

7 the United States but for the convey8 ance of the Salt Lake Aqueduct under 

9 subsection (b)(1); and 

10 (II) would be deposited in the 

11 reclamation fund established under 

12 the first section of the Act of June 

13 17, 1902 (43 U.S.C. 391), and cred14 ited under the terms of Reclamation 

15 Manual/Directives and Standards 

16 PEC 03–01. 

17 (B) DEDUCTION.—In determining the net 

18 present values under clauses (i) and (ii) of sub19 paragraph (A), the District may deduct from 

20 the net present value such sums as are required 

21 for the reimbursement described in the Agree22 ment. 

23 (d) PAYMENT OF COSTS.—In addition to amounts 

24 paid to the Secretary under subsection (c), the Association 
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1 and the District shall, in accordance with the Agreement, 

2 pay the Secretary— 

3 (1) any necessary and reasonable administrative 

4 and real estate transfer costs incurred by the Sec5 retary in carrying out the conveyance; and 

(2) 1 6 ⁄2 of any necessary and reasonable costs 

7 associated with complying with— 

8 (A) the National Environmental Policy Act 

9 of 1969 (42 U.S.C. 4321 et seq.); 

10 (B) the Endangered Species Act of 1973 

11 (16 U.S.C. 1531 et seq.); and 

12 (C)(i) the National Historic Preservation 

13 Act (16 U.S.C. 470 et seq.); and 

14 (ii) any other Federal cultural resource 

15 laws. 

16 (e) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

17 (1) IN GENERAL.—Before conveying land and 

18 facilities under subsections (a) and (b), the Sec19 retary shall comply with all applicable requirements 

20 under— 

21 (A) the National Environmental Policy Act 

22 of 1969 (42 U.S.C. 4321 et seq.); 

23 (B) the Endangered Species Act of 1973 

24 (16 U.S.C. 1531 et seq.); and 
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1 (C) any other law applicable to the land 

2 and facilities. 

3 (2) EFFECT.—Nothing in this Act modifies or 

4 alters any obligations under— 

5 (A) the National Environmental Policy Act 

6 of 1969 (42 U.S.C. 4321 et seq.); or 

7 (B) the Endangered Species Act of 1973 

8 (16 U.S.C. 1531 et seq.). 

9 SEC. 4. EXISTING CONTRACTS. 

10 (a) DEER CREEK DIVISION CONSTRUCTION CON11 TRACT.—Notwithstanding the conveyances under sub12 sections (a) and (b)(1) of section 3, and subject to the 

13 terms of the Agreement any portion of the Deer Creek 

14 Division, Provo River Project, Utah, that is not conveyed 

15 under that section shall continue to be operated and main16 tained by the Association, in accordance with the contract 

17 numbered I1r–874, dated June 27, 1936, and entitled the 

18 ‘‘Contract Between the United States and Provo River 

19 Water Users Association Providing for the Construction 

20 of the Deer Creek Division of the Provo River Project, 

21 Utah’’. 

22 (b) PROVO RIVER PROJECT AND JORDAN AQUEDUCT

23 SYSTEM CONTRACTS.—Subject to the terms of the Agree24 ment, any written contract of the United States in exist25 ence on the date of enactment of this Act relating to the 
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1 operation and maintenance of any division or facility of 

2 the Provo River Project or the Jordan Aqueduct System 

3 is confirmed and declared to be a valid contract of the 

4 United States that is enforceable in accordance with the 

5 express terms of the contract. 

6 (c) USE OF CENTRAL UTAH PROJECT WATER.— 

7 (1) IN GENERAL.—Subject to paragraph (2), 

8 any entity with contractual Provo Reservoir Canal or 

9 Salt Lake Aqueduct capacity rights in existence on 

10 the date of enactment of this Act may, in addition 

11 to the uses described in the existing contracts, use 

12 the capacity rights, without additional charge or fur13 ther approval from the Secretary, to transport Cen14 tral Utah Project water on behalf of the entity or 

15 others. 

16 (2) LIMITATIONS.—An entity shall not use the 

17 capacity rights to transport Central Utah Project 

18 water under paragraph (1) unless— 

19 (A) the transport of the water is expressly 

20 authorized by the Central Utah Water Conser21 vancy District; 

22 (B) the use of the water facility to trans23 port the Central Utah Project water is ex24 pressly authorized by the entity responsible for 

25 operation and maintenance of the facility; and 
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1 (C) carrying Central Utah Project water 

2 through Provo River Project facilities would 

3 not— 

4 (i) materially impair the ability of the 

5 Central Utah Water Conservancy District 

6 or the Secretary to meet existing express 

7 environmental commitments for the Bonne8 ville Unit; or 

9 (ii) require the release of additional 

10 Central Utah Project water to meet those 

11 environmental commitments. 

12 (d) AUTHORIZED MODIFICATIONS.—The Agreement 

13 may provide for— 

14 (1) the modification of the 1936 Repayment 

15 Contract for the Deer Creek Division of the Provo 

16 River Project to reflect the partial prepayment, the 

17 adjustment of the annual repayment amount, and 

18 the transfer of the Provo Reservoir Canal and the 

19 Pleasant Grove Property; and 

20 (2) the modification or termination of the 1938 

21 Repayment Contract for the Aqueduct Division of 

22 the Provo River Project to reflect the complete pay23 out and transfer of all facilities of the Aqueduct 

24 Divsion. 
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1 (e) EFFECT OF ACT.—Nothing in this Act impairs 

2 any contract (including subscription contracts) in effect 

3 on the date of enactment of this Act that allows for or 

4 creates a right to convey water through the Provo Res5 ervoir Canal. 

6 SEC. 5. EFFECT OF CONVEYANCE. 

7 On conveyance of any land or facility under sub8 section (a) or (b)(1) of section 3— 

9 (1) the land and facilities shall no longer be 

10 part of a Federal reclamation project; 

11 (2) the Association and the District shall not be 

12 entitled to receive any future reclamation benefits 

13 with respect to the land and facilities, except for 

14 benefits that would be available to other nonreclama15 tion facilities; and 

16 (3) the United States shall not be liable for 

17 damages arising out of any act, omission, or occur18 rence relating to the land and facilities, but shall 

19 continue to be liable for damages caused by acts of 

20 negligence committed by the United States or by any 

21 employee or agent of the United States before the 

22 date of conveyance, consistent with chapter 171 of 

23 title 28, United States Code. 
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1 SEC. 6. REPORT. 

2 If a conveyance required under subsection (a) or 

3 (b)(1) of section 3 is not completed by the date that is 

4 18 months after the date of enactment of this Act, the 

5 Secretary shall submit to Congress a report that— 

6 (1) describes the status of the conveyance; 

7 (2) describes any obstacles to completing the 

8 conveyance; and 

9 (3) specifies an anticipated date for completion 

10 of the conveyance. 

Passed the House of Representatives October 4, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk.