II 

112TH CONGRESS 

1ST SESSION S. 1225 

To transfer certain facilities, easements, and rights-of-way to Fort Sumner 

Irrigation District, New Mexico. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2011 

Mr. BINGAMAN introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To transfer certain facilities, easements, and rights-of-way 

to Fort Sumner Irrigation District, New Mexico. 

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 ‘‘Fort Sumner Project 

5 Title Conveyance Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) DISTRICT.—The term ‘‘District’’ means the 

9 Fort Sumner Irrigation District, located in De Baca 

10 County, New Mexico. 


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1 (2) FORBEARANCE AGREEMENT.—The term 

2 ‘‘Forbearance Agreement’’ means the contract be3 tween the United States and the District for the for4 bearance of exercising priority water rights num5 bered 08–WC–40–292 and dated August 21, 2009 

6 (including any amendments to that contract). 

7 (3) PROJECT.—The term ‘‘Project’’ means the 

8 Fort Sumner reclamation project. 

9 (4) REPAYMENT CONTRACT.—The term ‘‘Re10 payment Contract’’ means the contract between the 

11 United States and the District numbered Ilr–1524 

12 and dated November 5, 1948 (including any supple13 ments and amendments to that contract). 

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

15 the Secretary of the Interior. 

16 (6) TRANSFER AGREEMENT.—The term 

17 ‘‘Transfer Agreement’’ means the agreement entitled 

18 ‘‘Memorandum of Agreement between the United 

19 States and the Fort Sumner Irrigation District Con20 cerning Principles and Elements of Proposed Trans21 fer of Title to Fort Sumner Irrigation District Fa22 cilities’’ and numbered 11–WC–40–406 (including 

23 any amendments to that agreement). 


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1 SEC. 3. CONVEYANCE. 

2 (a) IN GENERAL.—The Secretary is authorized to 

3 convey to the District all right and title of the United 

4 States in and to all works, land, and facilities of the 

5 Project, in accordance with the terms and conditions es6 tablished in the Transfer Agreement. 

7 (b) VALID EXISTING RIGHTS.—The conveyance 

8 under this section shall be subject to all valid existing 

9 leases, permits, rights-of-way, easements, and other rights 

10 appurtenant to the property conveyed. 

11 (c) COSTS OF CONVEYANCE.—The costs of the con12 veyance under this section, including the costs of environ13 mental compliance, may be shared between the United 

14 States and the District, in accordance with the Transfer 

15 Agreement. 

16 (d) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

17 (1) IN GENERAL.—In carrying out the convey18 ance under subsection (a), the Secretary shall com19 ply with all applicable requirements under— 

20 (A) the National Environmental Policy Act 

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

22 (B) the Endangered Species Act of 1973 

23 (16 U.S.C. 1531 et seq.); and 

24 (C) any other law applicable to the prop25 erty conveyed. 


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

2 alters any obligation under— 

3 (A) the National Environmental Policy Act 

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

5 (B) the Endangered Species Act of 1973 

6 (16 U.S.C. 1531 et seq.). 

7 (e) FAILURE TO CONVEY.—If the Secretary fails to 

8 complete the conveyance under this section by the date 

9 that is 1 year after the date of enactment of this Act, 

10 the Secretary shall submit to Congress a report that— 

11 (1) explains the reasons why the conveyance 

12 has not been completed; and 

13 (2) states the date by which the conveyance will 

14 be completed. 

15 SEC. 4. LIABILITY. 

16 (a) IN GENERAL.—Effective on the date of the con17 veyance under section 3, the United States— 

18 (1) shall have no further interest in, and shall 

19 have no responsibility for operating or maintaining, 

20 the Project; and 

21 (2) shall not be liable for damages of any kind 

22 arising out of any act, omission, or occurrence relat23 ing to the conveyed property, except for damages 

24 caused by acts committed by the United States or 


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1 employees, agents, or contractors of the United 

2 States before the date of the conveyance. 

3 (b) EFFECT OF SECTION.—Nothing in this section 

4 increases the liability of the Untied States beyond the li5 ability provided under chapter 171 of title 28, United 

6 States Code (commonly known as the ‘‘Federal Tort 

7 Claims Act’’). 

8 SEC. 5. TERMINATION OF REPAYMENT CONTRACT. 

9 Effective beginning on the date of the conveyance 

10 under section 3— 

11 (1) the Repayment Contract shall terminate; 

12 and 

13 (2) the United States and the District shall 

14 have no obligations under the Repayment Contract. 

15 SEC. 6. FORBEARANCE AGREEMENT. 

16 (a) PAYMENT OBLIGATION.—In accordance with 

17 paragraph 4(a) of the Forbearance Agreement, effective 

18 beginning on the date of termination of the Repayment 

19 Contract under section 5, the United States shall have no 

20 payment obligation under paragraph 4(a) of the Forbear21 ance Agreement. 

22 (b) OTHER TERMS AND CONDITIONS.—All other 

23 terms and conditions of the Forbearance Agreement shall 

24 remain in full force and effect on termination of the Re25 payment Contract under section 5. 


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1 (c) TERM.—The term of the Forbearance Agreement 

2 shall be not less than 10 years after the date of enactment 

3 of this Act. 

4 SEC. 7. FUTURE BENEFITS. 

5 Effective beginning on the date of the conveyance 

6 under section 3, no additional amounts from the reclama7 tion fund established by the first section of the Act of 

8 June 17, 1902 (32 Stat. 388, chapter 1093), shall be pro9 vided for the conveyed land or facilities due to the status 

10 of the land and facilities as part of a reclamation project. 

Æ 


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