II

104TH CONGRESS

2D SESSION S. 2018

To approve a settlement agreement between the Bureau of Reclamation and

the Oroville-Tonasket Irrigation District.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 1996

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

to the Committee on Energy and Natural Resources

A BILL

To approve a settlement agreement between the Bureau of

Reclamation and the Oroville-Tonasket 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Oroville-Tonasket

5 Claim Settlement and Conveyance Act’’.

6 SEC. 2. PURPOSES.

7 The purposes of this Act are to authorize the Sec8 retary of the Interior to implement the provisions of the

9 negotiated Settlement Agreement including conveyance of
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1 the Project Irrigation Works, identified as not having na2 tional importance, to the District, and for other purposes.

3 SEC. 3. DEFINITIONS.

4 As used in this Act—

5 (1) the term ‘‘Secretary’’ means the Secretary

6 of the Interior;

7 (2) the term ‘‘Reclamation’’ means the United

8 States Bureau of Reclamation;

9 (3) the term ‘‘District’’ or ‘‘Oroville-Tonasket

10 Irrigation District’’ means the project beneficiary or11 ganized and operating under the laws of the State

12 of Washington, which is the operating and repay13 ment entity for the Project;

14 (4) the term ‘‘Project’’ means the Oroville15 Tonasket unit extension, Okanogan-Similkameen di16 vision, Chief Joseph Dam Project, Washington, con17 structed and rehabilitated by the United States

18 under the Act of September 28, 1976 (Public Law

19 94–423, 90 Stat. 1324), previously authorized and

20 constructed under the Act of October 9, 1962 (Pub21 lic Law 87–762, 76 Stat. 761), under the Federal

22 reclamation laws (including the Act of June 17,

23 1902 (ch. 1093, 32 Stat. 388), and Acts supple24 mentary thereto or amendatory thereof);
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1 (5) the term ‘‘Project Irrigation Works’’

2 means—

3 (A) those works actually in existence and

4 described in subarticle 3(a) of the Repayment

5 Contract, excluding Wildlife Mitigation Facili6 ties, and depicted on the maps held by the Dis7 trict and Reclamation, consisting of the realty

8 with improvements and real estate interests;

9 (B) all equipment, parts, inventories, and

10 tools associated with the Project Irrigation

11 Works realty and improvements and currently

12 in the District’s possession; and

13 (C) all third party agreements;

14 (6)(A) the term ‘‘Basic Contract’’ means Re15 payment Contract No. 14–06–100–4442, dated De16 cember 26, 1964, as amended and supplemented, be17 tween the United States and the District;

18 (B) the term ‘‘Repayment Contract’’ means Re19 payment Contract No. 0–07–10–W0242, dated No20 vember 28, 1979, as amended and supplemented, be21 tween the United States and the District; and

22 (C) the term ‘‘third party agreements’’ mean

23 existing contractual duties, obligations, and respon24 sibilities that exist because of all leases, licenses, and

25 easements with third parties related to the Project
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1 Irrigation Works, or the lands or rights-of-way for

2 the Project Irrigation Works, but excepting power

3 arrangements with the Bonneville Power Adminis4 tration;

5 (7) the term ‘‘Wildlife Mitigation Facilities’’

6 means—

7 (A) land, improvements, or easements, or

8 any combination thereof, secured for access to

9 such lands, acquired by the United States

10 under the Fish and Wildlife Coordination Act

11 (16 U.S.C. 661–667e); and

12 (B) all third party agreements associated

13 with the Wildlife Mitigation Facilities;

14 (8) the term ‘‘Indian Trust Lands’’ means ap15 proximately 61 acres of lands identified on land clas16 sification maps on file with the District and Rec17 lamation beneficially owned by the Confederated

18 Tribes of the Colville Reservation (Colville Tribes) or

19 by individual Indians, and held in trust by the Unit20 ed States for the benefit of the Colville Tribes in ac21 cordance with the Executive order of April 9, 1872;

22 (9) the term ‘‘Settlement Agreement’’ means

23 the Agreement made and entered on April 15, 1996,

24 between the United States of America acting

25 through the Regional Director, Pacific Northwest
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1 Region, Bureau of Reclamation, and the Oroville2 Tonasket Irrigation District; and

3 (10) the term ‘‘O&M’’ means normal and rea4 sonable care, control, operation, repair, replacement,

5 and maintenance.

6 SEC. 4. AGREEMENT AUTHORIZATION.

7 The Settlement Agreement is approved and the Sec8 retary of the Interior is authorized to conduct all nec9 essary and appropriate investigations, studies, and re10 quired Federal actions to implement the Settlement

11 Agreement.

12 SEC. 5. CONSIDERATION AND SATISFACTION OF OUT13 STANDING OBLIGATIONS.

14 (a) CONSIDERATION TO UNITED STATES.—Consider15 ation by the District to the United States in accordance

16 with the Settlement Agreement approved by this Act shall

17 be—

18 (1) payment of $350,000 by the District to the

19 United States;

20 (2) assumption by the District of full liability

21 and responsibility and release of the United States

22 of all further responsibility, obligations, and liability

23 for removing irrigation facilities constructed and re24 habilitated by the United States under the Act of

25 October 9, 1962 (Public Law 87–762, 76 Stat. 761),
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1 or referenced in section 201 of the Act of September

2 28, 1976 (Public Law 94–423, 90 Stat. 1324), and

3 identified in Article 3(a)(8) of the Repayment Con4 tract;

5 (3) assumption by the District of sole and abso6 lute responsibility for the O&M of the Project Irriga7 tion Works;

8 (4) release and discharge by the District as to

9 the United States from all past and future claims,

10 whether now known or unknown, arising from or in

11 any way related to the Project, including any arising

12 from the Project Irrigation Works constructed pur13 suant to the 1964 Basic Contract or the 1979 Re14 payment Contract;

15 (5) assumption by the District of full respon16 sibility to indemnify and defend the United States

17 against any third party claims associated with any

18 aspect of the Project, except for that claim known

19 as the Grillo Claim, government contractor construc20 tion claims accruing at any time, and any other suits

21 or claims filed as of the date of the Settlement

22 Agreement; and

23 (6) continued obligation by the District to de24 liver water to and provide for O&M of the Wildlife
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1 Mitigation Facilities at its own expense in accord2 ance with the Settlement Agreement.

3 (b) RESPONSIBILITIES OF UNITED STATES.—In re4 turn the United States shall—

5 (1) release and discharge the District’s obliga6 tion, including any delinquent or accrued payments,

7 or assessments of any nature under the 1979 Repay8 ment Contract, including the unpaid obligation of

9 the 1964 Basic Contract;

10 (2) transfer title of the Project Irrigation

11 Works to the District;

12 (3) assign to the District all third party agree13 ments associated with the Project Irrigation Works;

14 (4) continue power deliveries provided under

15 section 6 of this Act; and

16 (5) assume full responsibility to indemnify and

17 defend the District against any claim known as the

18 Grillo Claim, government contractor construction

19 claims accruing at any time, and any other suits or

20 claims filed against the United States as of the date

21 of the Settlement Agreement.

22 SEC. 6. POWER.

23 Nothing in this Act shall be construed as having any

24 affect on power arrangements under Public Law 94–423

25 (90 Stat. 1324). The United States shall continue to pro-
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1 vide to the District power and energy for irrigation water

2 pumping for the Project, including Dairy Point Pumping

3 Plant. However, the amount and term of reserved power

4 shall not exceed, respectively—

5 (1) 27,100,000 kilowatt hours per year; and

6 (2) 50 years commencing October 18, 1990.

7 SEC. 7. CONVEYANCE.

8 (a) CONVEYANCE OF INTERESTS OF UNITED

9 STATES.—Subject to valid existing rights, the Secretary

10 is authorized to convey all right, title, and interest, with11 out warranties, of the United States in and to all Project

12 Irrigation Works to the District. In the event a significant

13 cultural resource or hazardous waste site is identified, the

14 Secretary is authorized to defer or delay transfer of title

15 to any parcel until required Federal action is completed.

16 (b) RETENTION OF TITLE TO WILDLIFE MITIGATION

17 FACILITIES.—The Secretary will retain title to the Wild18 life Mitigation Facilities. The District shall remain obli19 gated to deliver water to and provide for the O&M of the

20 Wildlife Mitigation Facilities at its own expense in accord21 ance with the Settlement Agreement.

22 (c) RESERVATION.—The transfer of rights and inter23 ests pursuant to subsection (a) shall reserve to the United

24 States all oil, gas, and other mineral deposits and a per25 petual right to existing public access open to public fish-
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1 ing, hunting, and other outdoor recreation purposes, and

2 such other existing public uses.

3 SEC. 8. REPAYMENT CONTRACT.

4 Upon conveyance of title to the Project Irrigation

5 Works notwithstanding any parcels delayed in accordance

6 with section 7(a), the 1964 Basic Contract, and the 1979

7 Repayment Contract between the District and Reclama8 tion, shall be terminated and of no further force or effect.

9 SEC. 9. INDIAN TRUST RESPONSIBILITIES.

10 The District shall remain obligated to deliver water

11 under appropriate water service contracts to Indian Trust

12 Lands upon request from the owners or lessees of such

13 land.

14 SEC. 10. LIABILITY.

15 Upon completion of the conveyance of Project Irriga16 tion Works under this Act, the District shall—

17 (1) be liable for all acts or omissions relating to

18 the operation and use of the Project Irrigation

19 Works that occur before or after the conveyance ex20 cept for the Grillo Claim, government contractor

21 construction claims accruing at any time, and any

22 other suits or claims filed as of the date of the Set23 tlement Agreement;

24 (2) absolve the United States and its officers

25 and agents of responsibility and liability for the de-
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1 sign and construction including latent defects associ2 ated with the Project; and

3 (3) assume responsibility to indemnify and de4 fend the United States against all claims whether

5 now known or unknown and including those of third

6 party claims associated with arising from or in any

7 way related to the Project except for the Grillo

8 Claim, government contractor construction claims

9 accruing at any time, and any other suits or claims

10 filed as of the date of the Settlement Agreement.

11 SEC. 11. CERTAIN ACTS NOT APPLICABLE AND TERMI12 NATION OF MANDATES.

13 (a) RECLAMATION LAWS.—All mandates imposed by

14 the Reclamation Act of 1902, and all Acts supplementary

15 thereto or amendatory thereof, including the Reclamation

16 Reform Act of 1982, upon the Project Irrigation Works

17 shall be terminated upon the completion of the transfers

18 as provided by this Act and the Settlement Agreement.

19 After transfer of title, any future Reclamation benefits to

20 be received pursuant to chapter 1093 of the Reclamation

21 Act of June 17, 1902 (32 Stat. 388), and Acts supple22 mentary thereto or amendatory thereof, other than as pro23 vided herein, shall be subject to approval by Congress.

24 (b) RELATIONSHIP TO OTHER LAWS.—The transfer

25 of title authorized by this Act shall not—
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1 (1) be subject to the provisions of chapter 5 of

2 title 5, United States Code (commonly known as the

3 ‘‘Administrative Procedures Act’’); or

4 (2) be considered a disposal of surplus property

5 under the Federal Property and Administrative

6 Services Act of 1949 (40 U.S.C. 471 et seq.) and

7 the Surplus Property Act of 1944 (50 U.S.C. App.

8 1601 et seq.).

Æ