II 

109TH CONGRESS 

1ST SESSION S. 2129 

To authorize the Secretary of the Interior to convey certain land and 

improvements of the Gooding Division of the Minidoka Project, Idaho. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 16, 2005 

Mr. CRAPO (for himself and Mr. CRAIG) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To authorize the Secretary of the Interior to convey certain 

land and improvements of the Gooding Division of the 

Minidoka Project, Idaho. 

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 ‘‘American Falls Res5 ervoir District Number 2 Conveyance Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 means Agreement No. 5–07–10–L1688 between the 
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1 United States and the District, entitled ‘‘Agreement 

2 Between the United States and the American Falls 

3 Reservoir District No. 2 to Transfer Title to the 

4 Federally Owned Milner-Gooding Canal and Certain 

5 Property Rights, Title and Interest to the American 

6 Falls Reservoir District No. 2’’. 

7 (2) DISTRICT.—The term ‘‘District’’ means the 

8 American Falls Reservoir District No. 2, located in 

9 Jerome, Lincoln, and Gooding Counties, Idaho. 

10 (3) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 SEC. 3. AUTHORITY TO CONVEY TITLE. 

13 (a) IN GENERAL.—In accordance with all applicable 

14 law and the terms and conditions set forth in the Agree15 ment, the Secretary may convey— 

16 (1) to the District all right, title, and interest 

17 in and to the land and improvements described in 

18 Appendix A of the Agreement, subject to valid exist19 ing rights; 

20 (2) to the city of Gooding, located in Gooding 

21 County, Idaho, all right, title, and interest in and to 

22 the 5.0 acres of land and improvements described in 

23 Appendix D of the Agreement; and 

24 (3) to the Idaho Department of Fish and Game 

25 all right, title, and interest in and to the 39.72 acres 
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1 of land and improvements described in Appendix D 

2 of the Agreement. 

3 (b) COMPLIANCE WITH AGREEMENT.—All parties to 

4 the conveyance under subsection (a) shall comply with the 

5 terms and conditions of the Agreement, to the extent con6 sistent with this Act. 

7 SEC. 4. TRANSFER. 

8 As soon as practicable after the date of enactment 

9 of this Act, the Secretary shall direct the Director of the 

10 National Park Service to include in and manage as a part 

11 of the Minidoka Internment National Monument the 

12 10.18 acres of land and improvements described in Appen13 dix D of the Agreement. 

14 SEC. 5. COMPLIANCE WITH OTHER LAWS. 

15 (a) IN GENERAL.—On conveyance of the land and 

16 improvements under section 3(a)(1), the District shall 

17 comply with all applicable Federal, State, and local laws 

18 (including regulations) in the operation of each facility 

19 transferred. 

20 (b) APPLICABLE AUTHORITY.—Nothing in this Act 

21 modifies or otherwise affects the applicability of Federal 

22 reclamation law (the Act of June 17, 1902 (32 Stat. 388, 

23 chapter 1093), and Acts supplemental to and amendatory 

24 of that Act (43 U.S.C. 371 et seq.)) to project water pro25 vided to the District. 
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1 SEC. 6. REVOCATION OF WITHDRAWALS. 

2 (a) IN GENERAL.—The portions of the Secretarial 

3 Orders dated March 18, 1908, October 7, 1908, Sep4 tember 29, 1919, October 22, 1925, March 29, 1927, July 

5 23, 1927, and May 7, 1963, withdrawing the approxi6 mately 6,900 acres described in Appendix E of the Agree7 ment for the purpose of the Gooding Division of the 

8 Minidoka Project, are revoked. 

9 (b) MANAGEMENT OF WITHDRAWN LAND.—The Sec10 retary, acting through the Director of the Bureau of Land 

11 Management, shall manage the withdrawn land described 

12 in subsection (a) subject to valid existing rights. 

13 SEC. 7. LIABILITY. 

14 (a) IN GENERAL.—Subject to subsection (b), upon 

15 completion of a conveyance under section 3, the United 

16 States shall not be liable for damages of any kind for any 

17 injury arising out of an act, omission, or occurrence relat18 ing to the land (including any improvements to the land) 

19 conveyed under the conveyance. 

20 (b) EXCEPTION.—Subsection (a) shall not apply to 

21 liability for damages resulting from an injury caused by 

22 any act of negligence committed by the United States (or 

23 by any officer, employee, or agent of the United States) 

24 before the date of completion of the conveyance. 

25 (c) FEDERAL TORT CLAIMS ACT.—Nothing in this 

26 section increases the liability of the United States beyond 
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1 that provided in chapter 171 of title 28, United States 

2 Code. 

3 SEC. 8. FUTURE BENEFITS. 

4 (a) RESPONSIBILITY OF THE DISTRICT.—After com5 pletion of the conveyance of land and improvements to the 

6 District under section 3(a)(1), and consistent with the 

7 Agreement, the District shall assume responsibility for all 

8 duties and costs associated with the operation, replace9 ment, maintenance, enhancement, and betterment of the 

10 transferred land (including any improvements to the 

11 land). 

12 (b) ELIGIBILITY FOR FEDERAL FUNDING.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the District shall not be eligible to receive 

15 Federal funding to assist in any activity described in 

16 subsection (a) relating to land and improvements 

17 transferred under section 3(a)(1). 

18 (2) EXCEPTION.—Paragraph (1) shall not 

19 apply to any funding that would be available to a 

20 similarly situated nonreclamation district, as deter21 mined by the Secretary. 

22 SEC. 9. NATIONAL ENVIRONMENTAL POLICY ACT. 

23 Before completing any conveyance under this Act, the 

24 Secretary shall complete all actions required under— 
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1 (1) the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.); 

3 (2) the Endangered Species Act of 1973 (16 

4 U.S.C. 1531 et seq.); 

5 (3) the National Historic Preservation Act (16 

6 U.S.C. 470 et seq.); and 

7 (4) all other applicable laws (including regula8 tions). 

9 SEC. 10. PAYMENT. 

10 (a) FAIR MARKET VALUE REQUIREMENT.—As a con11 dition of the conveyance under section 3(a)(1), the District 

12 shall pay the fair market value for the withdrawn lands 

13 to be acquired by them, in accordance with the terms of 

14 the Agreement. 

15 (b) GRANT FOR BUILDING REPLACEMENT.—As soon 

16 as practicable after the date of enactment of this Act, and 

17 in full satisfaction of the Federal obligation to the District 

18 for the replacement of the structure in existence on that 

19 date of enactment that is to be transferred to the National 

20 Park Service for inclusion in the Minidoka Internment 

21 National Monument, the Secretary, acting through the 

22 Commission of Reclamation, shall provide to the District 

23 a grant in the amount of $52,996, in accordance with the 

24 terms of the Agreement. 

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