II

Calendar No. 611

104TH CONGRESS

2D SESSION S. 2015

To convey certain real property located within the Carlsbad Project in New

Mexico to the Carlsbad Irrigation District.

IN THE SENATE OF THE UNITED STATES

AUGUST 1, 1996

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

to the Committee on Energy and Natural Resources

SEPTEMBER 16, 1996

Reported by Mr. MURKOWSKI, without amendment

A BILL

To convey certain real property located within the Carlsbad

Project in New Mexico to the Carlsbad Irrigation District.

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

3 SECTION 1. CONVEYANCE.

4 (a) OPERATION OF LAW.—

5 (1) IN GENERAL.—Except as provided in para6 graph (2), and subject to the conditions set forth in

7 subsection (c) and section 2(b), all right, title, and
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1 interest of the United States in and to the lands de2 scribed in subsection (b) (in this Act referred to as

3 the ‘‘acquired lands’’) in addition to all interests the

4 United States holds in the irrigation and drainage

5 system of the Carlsbad Project and all related lands

6 including ditch rider houses, maintenance shop and

7 buildings, and Pecos River Flume are hereby con8 veyed by operation of law to the Carlsbad Irrigation

9 District (a quasi-municipal corporation formed

10 under the laws of the State of New Mexico and re11 ferred to in this Act as the ‘‘District’’).

12 (2) LIMITATIONS.—

13 (A) In case of a tract of acquired land on

14 which is located any dam, or reservoir diversion

15 structure, conveyance to the District is limited

16 to the right, title, and interest of the United

17 States in and to the mineral estate.

18 (B) The United States shall retain storage

19 and flow easements for any tracts located under

20 the maximum spillway elevations of Avalon and

21 Brantley Reservoirs.

22 (b) ACQUIRED LANDS DESCRIBED.—The lands re23 ferred to in subsection (a) are those lands (including the

24 surface and mineral estate) in Eddy County, New Mexico,

25 described as the acquired lands in section (7) of the ‘‘Sta-
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1 tus of Lands and Title Report: Carlsbad Project’’ as re2 ported by the Bureau of Reclamation in 1978.

3 (c) TERMS AND CONDITIONS OF CONVEYANCE.—Any

4 conveyance of the acquired lands under this Act shall be

5 subject to the following terms and conditions:

6 (1) The acquired lands shall continue to be

7 managed and used by the District for the purposes

8 for which the Carlsbad Project was authorized, con9 sistent with existing management of such lands.

10 (2) Except as provided in paragraph (3), the

11 District shall assume all rights and obligations of

12 the United States under—

13 (A) the agreement dated July 28, 1994,

14 between the United States and the Director,

15 New Mexico Department of Game and Fish

16 (Document No. 2–LM–40–00640), relating to

17 management of certain lands near Brantley

18 Reservoir for fish and wildlife purposes,

19 (B) the agreement dated March 9, 1977,

20 between the United States and the New Mexico

21 Department of Energy, Minerals, and Natural

22 Resources (Contract No. 7–07–57–X0888) for

23 the management and operation of Brantley

24 Lake State Park.

25 (3) EXCEPTIONS.—
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1 (A) The District shall not be obligated for

2 any financial support associated with either

3 agreement under paragraph (2).

4 (B) The District shall not be entitled to

5 any revenues generated by the operation of

6 Brantley Lake State Park.

7 SEC. 2 LEASE MANAGEMENT AND PAST REVENUES COL8 LECTED FROM THE ACQUIRED LANDS.

9 (a) IDENTIFICATION AND NOTIFICATION OF LEASE10 HOLDERS.—Within 45 days after the date of enactment

11 of this Act, the Secretary of the Interior shall provide to

12 the District a written identification of all mineral and

13 grazing leases in effect on the acquired lands on the date

14 of enactment of this Act, and the Secretary of the Interior

15 shall notify all leaseholders of the conveyance made by this

16 Act.

17 (b) MANAGEMENT OF MINERAL AND GRAZING

18 LEASES.—Upon conveyance, the District shall assume all

19 rights and obligations of the United States for all mineral

20 and grazing leases on the acquired lands, and shall be en21 titled to any revenues from such leases accruing after such

22 date. The District shall continue to adhere to the current

23 Bureau of Reclamation mineral leasing stipulations for the

24 Carlsbad Project.
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1 (c) AVAILABILITY OF AMOUNTS PAID INTO REC2 LAMATION FUND.—Receipts paid into the reclamation

3 fund which now exist as credits to the Carlsbad Project

4 under the Mineral Lands Leasing Act of 1920 (30 U.S.C.

5 181 et. seq.), shall be made available to the District under

6 the distribution scheme set forth in section (4)(I) of the

7 Act of December 5, 1924 (43 U.S.C. 501; commonly re8 ferred to as the ‘‘Fact Finders Act of 1942’’).

Calendar No. 611

104TH CONGRESS

2D SESSION S. 2015

A BILL

To convey certain real property located within the

Irrigation District.Carlsbad Project in New Mexico to the Carlsbad

SEPTEMBER 16, 1996

Reported without amendment