S. 291

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To convey certain real property within the Carlsbad Project in New Mexico to

the Carlsbad Irrigation District.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Carlsbad Irrigation Project

Acquired Land Transfer Act’’.

SEC. 2. CONVEYANCE.

(a) LANDS AND FACILITIES.—

(1) IN GENERAL.—Except as provided in paragraph (2), and

subject to subsection (c), the Secretary of the Interior (in this

Act referred to as the ‘‘Secretary’’) may convey to the Carlsbad

Irrigation District (a quasi-municipal corporation formed under

the laws of the State of New Mexico and in this Act referred

to as the ‘‘District’’), all right, title, and interest of the United

States in and to the lands described in subsection (b) (in this

Act referred to as the ‘‘acquired lands’’) and all interests the

United States holds in the irrigation and drainage system of

the Carlsbad Project and all related lands including ditch rider

houses, maintenance shop and buildings, and Pecos River

Flume.

(2) LIMITATION.— (A) RETAINED SURFACE RIGHTS.—The Secretary shall

retain title to the surface estate (but not the mineral estate)

of such acquired lands which are located under the footprint

of Brantley and Avalon dams or any other project dam

or reservoir division structure.

(B) STORAGE AND FLOW EASEMENT.—The Secretary

shall retain storage and flow easements for any tracts

located under the maximum spillway elevations of Avalon

and Brantley Reservoirs.

(b) ACQUIRED LANDS DESCRIBED.—The lands referred to in subsection (a) are those lands (including the surface and mineral estate)

in Eddy County, New Mexico, described as the acquired lands

and in section (7) of the ‘‘Status of Lands and Title Report: Carlsbad

Project’’ as reported by the Bureau of Reclamation in 1978.

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

of the acquired lands under this Act shall be subject to the following

terms and conditions:

(1) MANAGEMENT AND USE, GENERALLY.—The conveyed

lands shall continue to be managed and used by the District

for the purposes for which the Carlsbad Project was authorized,
S. 291—2

based on historic operations and consistent with the management of other adjacent project lands.

(2) ASSUMED RIGHTS AND OBLIGATIONS.—Except as provided

in paragraph (3), the District shall assume all rights and obligations of the United States under—

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

United States and the Director, New Mexico Department

of Game and Fish (Document No. 2–LM–40–00640),

relating to management of certain lands near Brantley

Reservoir for fish and wildlife purposes; and

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

United States and the New Mexico Department of Energy,

Minerals, and Natural Resources (Contract No. 7–07–57–

X0888) for the management and operation of Brantley Lake

State Park.

(3) EXCEPTIONS.—In relation to agreements referred to in

paragraph (2)—

(A) the District shall not be obligated for any financial

support agreed to by the Secretary, or the Secretary’s designee, in either agreement; and

(B) the District shall not be entitled to any receipts

for revenues generated as a result of either agreement.

(d) COMPLETION OF CONVEYANCE.—If the Secretary does not

complete the conveyance within 180 days from the date of enactment of this Act, the Secretary shall submit a report to the Congress

within 30 days after that period that includes a detailed explanation

of problems that have been encountered in completing the conveyance, and specific steps that the Secretary has taken or will take

to complete the conveyance.

SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED

FROM THE ACQUIRED LANDS.

(a) IDENTIFICATION AND NOTIFICATION OF LEASEHOLDERS.—

Within 120 days after the date of enactment of this Act, the Secretary of the Interior shall—

(1) provide to the District a written identification of all

mineral and grazing leases in effect on the acquired lands

on the date of enactment of this Act; and

(2) notify all leaseholders of the conveyance authorized

by this Act.

(b) MANAGEMENT OF MINERAL AND GRAZING LEASES, LICENSES,

AND PERMITS.—The District shall assume all rights and obligations

of the United States for all mineral and grazing leases, licenses,

and permits existing on the acquired lands conveyed under section

2, and shall be entitled to any receipts from such leases, licenses,

and permits accruing after the date of conveyance. All such receipts

shall be used for purposes for which the Project was authorized

and for financing the portion of operations, maintenance, and

replacement of the Summer Dam which, prior to conveyance, was

the responsibility of the Bureau of Reclamation, with the exception

of major maintenance programs in progress prior to conveyance

which shall be funded through the cost share formulas in place

at the time of conveyance. The District shall continue to adhere

to the current Bureau of Reclamation mineral leasing stipulations

for the Carlsbad Project.
S. 291—3

(c) AVAILABILITY OF AMOUNTS PAID INTO RECLAMATION FUND.—

(1) EXISTING RECEIPTS.—Receipts in the reclamation fund

on the date of enactment of this Act which exist as construction

credits to the Carlsbad Project under the terms of the Mineral

Leasing Act for Acquired Lands (30 U.S.C. 351–359) shall be

deposited in the General Treasury and credited to deficit reduction or retirement of the Federal debt.

(2) RECEIPTS AFTER ENACTMENT.—Of the receipts from mineral and grazing leases, licenses, and permits on acquired lands

to be conveyed under section 2, that are received by the United

States after the date of enactment and before the date of

conveyance—

(A) not to exceed $200,000 shall be available to the

Secretary for the actual costs of implementing this Act

with any additional costs shared equally between the Secretary and the District; and

(B) the remainder shall be deposited into the General

Treasury of the United States and credited to deficit reduction or retirement of the Federal debt.

SEC. 4. VOLUNTARY WATER CONSERVATION PRACTICES.

Nothing in this Act shall be construed to limit the ability

of the District to voluntarily implement water conservation practices.

SEC. 5. LIABILITY.

Effective on the date of conveyance of any lands and facilities

authorized by this Act, the United States shall not be held liable

by any court for damages of any kind arising out of any act,

omission, or occurrence relating to the conveyed property, except

for damages caused by acts of negligence committed by the United

States or by its employees, agents, or contractors, prior to conveyance. Nothing in this section shall be considered to increase the

liability of the United States beyond that provided under chapter

171 of title 28, United States Code, popularly known as the Federal

Tort Claims Act.
S. 291—4

SEC. 6. FUTURE BENEFITS.

Effective upon transfer, the lands and facilities transferred

pursuant to this Act shall not be entitled to receive any further

Reclamation benefits pursuant to the Reclamation Act of June

17, 1902, and Acts supplementary thereof or amendatory thereto

attributable to their status as part of a Reclamation Project.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.