108TH CONGRESS

2D SESSION H. R. 3391

AN ACT

To authorize the Secretary of the Interior to convey

Project.certain lands and facilities of the Provo River

108TH CONGRESS

2D SESSION H. R. 3391

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:

Clerk.