105TH CONGRESS

2D SESSION S. 2117

AMENDMENT
In the House of Representatives, U. S.,

October 12, 1998.

Resolved, That the bill from the Senate (S. 2117) entitled ‘‘An Act to authorize the construction of the Perkins

County Rural Water System and authorize financial assistance to the Perkins County Rural Water System, Inc., a nonprofit corporation, in the planning and construction of the

water supply system, and for other purposes’’, do pass with

the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 TITLE I—PERKINS COUNTY

2 RURAL WATER SYSTEM ACT

3 OF 1998

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Perkins County Rural

6 Water System Act of 1998’’.

7 SEC. 102. FINDINGS.

8 The Congress finds that—

9 (1) in 1977, the North Dakota State Legislature

10 authorized and directed the State Water Commission

11 to conduct the Southwest Area Water Supply Study,
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1 which included water service to a portion of Perkins

2 County, South Dakota;

3 (2) amendments made by the Garrison Diversion

4 Unit Reformulation Act of 1986 (Public Law 101–

5 294) authorized the Southwest Pipeline project as an

6 eligible project for Federal cost share participation;

7 and

8 (3) the Perkins County Rural Water System has

9 continued to be recognized by the State of North Da10 kota, the Southwest Water Authority, the North Da11 kota Water Commission, the Department of the Inte12 rior, and Congress as a component of the Southwest

13 Pipeline Project.

14 SEC. 103. DEFINITIONS.

15 In this title:

16 (1) FEASIBILITY STUDY.—The term ‘‘feasibility

17 study’’ means the study entitled ‘‘Feasibility Study

18 for Rural Water System for Perkins County Rural

19 Water System, Inc.’’, as amended in March 1995.

20 (2) PROJECT CONSTRUCTION BUDGET.—The term

21 ‘‘project construction budget’’ means the description of

22 the total amount of funds that are needed for the con23 struction of the water supply system, as described in

24 the feasibility study.
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1 (3) PUMPING AND INCIDENTAL OPERATIONAL RE2 QUIREMENTS.—The term ‘‘pumping and incidental

3 operational requirements’’ means all power require4 ments that are incidental to the operation of intake

5 facilities, pumping stations, water treatment facili6 ties, cooling facilities, reservoirs, and pipelines to the

7 point of delivery of water by the Perkins County

8 Rural Water System to each entity that distributes

9 water at retail to individual users.

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

11 the Secretary of the Interior, acting through the Com12 missioner of the Bureau of Reclamation.

13 (5) WATER SUPPLY SYSTEM.—The term ‘‘water

14 supply system’’ means the Perkins County Rural

15 Water System, Inc., a nonprofit corporation, estab16 lished and operated substantially in accordance with

17 the feasibility study.

18 SEC. 104. FEDERAL ASSISTANCE FOR WATER SUPPLY SYS19 TEM.

20 (a) IN GENERAL.—The Secretary shall make grants to

21 the water supply system for the Federal share of the costs

22 of—

23 (1) the planning and construction of the water

24 supply system; and
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1 (2) repairs to existing public water distribution

2 systems to ensure conservation of the resources and to

3 make the systems functional under the new water sup4 ply system.

5 (b) LIMITATION ON AVAILABILITY OF CONSTRUCTION

6 FUNDS.—The Secretary shall not obligate funds for the con7 struction of the water supply system until—

8 (1) the requirements of the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

10 are met with respect to the water supply system; and

11 (2) a final engineering report and a plan for a

12 water conservation program have been prepared and

13 submitted to Congress for a period of not less than 90

14 days before the commencement of construction of the

15 system.

16 SEC. 105. MITIGATION OF FISH AND WILDLIFE LOSSES.

17 Mitigation of fish and wildlife losses incurred as a re18 sult of the construction and operation of the water supply

19 system shall be on an acre-for-acre basis, based on ecological

20 equivalency, concurrent with project construction, as pro21 vided in the feasibility study.

22 SEC. 106. USE OF PICK-SLOAN POWER.

23 (a) IN GENERAL.—From power designated for future

24 irrigation and drainage pumping for the Pick-Sloan Mis25 souri River Basin Program, the Western Area Power Ad-
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1 ministration shall make available the capacity and energy

2 required to meet the pumping and incidental operational

3 requirements of the water supply system during the period

4 beginning May 1 and ending October 31 of each year.

5 (b) CONDITIONS.—The capacity and energy described

6 in subsection (a) shall be made available on the following

7 conditions:

8 (1) The water supply system shall be operated on

9 a not-for-profit basis.

10 (2) The water supply system may contract to

11 purchase its entire electric service requirements, in12 cluding the capacity and energy made available

13 under subsection (a), from a qualified preference

14 power supplier that itself purchases power from the

15 Western Area Power Administration.

16 (3) The rate schedule applicable to the capacity

17 and energy made available under subsection (a) shall

18 be the firm power rate schedule of the Pick-Sloan

19 Eastern Division of the Western Area Power Admin20 istration in effect when the power is delivered by the

21 Administration.

22 (4) It shall be agreed by contract among—

23 (A) the Western Area Power Administra24 tion;
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1 (B) the power supplier with which the

2 water supply system contracts under paragraph

3 (2);

4 (C) the power supplier of the entity de5 scribed in subparagraph (B); and

6 (D) the Perkins County Rural Water Sys7 tem, Inc.;

8 that in the case of the capacity and energy made

9 available under subsection (a), the benefit of the rate

10 schedule described in paragraph (3) shall be passed

11 through to the water supply system, except that the

12 power supplier of the water supply system shall not

13 be precluded from including, in the charges of the

14 supplier to the water system for the electric service,

15 the other usual and customary charges of the supplier.

16 SEC. 107. FEDERAL SHARE.

17 The Federal share under section 104 shall be 75 per18 cent of—

19 (1) the amount allocated in the total project con20 struction budget for the planning and construction of

21 the water supply system under section 104; and

22 (2) such sums as are necessary to defray in23 creases in development costs reflected in appropriate

24 engineering cost indices after March 1, 1995.
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1 SEC. 108. NON-FEDERAL SHARE.

2 The non-Federal share under section 104 shall be 25

3 percent of—

4 (1) the amount allocated in the total project con5 struction budget for the planning and construction of

6 the water supply system under section 104; and

7 (2) such sums as are necessary to defray in8 creases in development costs reflected in appropriate

9 engineering cost indices after March 1, 1995.

10 SEC. 109. CONSTRUCTION OVERSIGHT.

11 (a) AUTHORIZATION.—At the request of the Perkins

12 County Rural Water System, the Secretary may provide

13 construction oversight to the water supply system for areas

14 of the water supply system.

15 (b) PROJECT OVERSIGHT ADMINISTRATION.—The

16 amount of funds used by the Secretary for planning and

17 construction of the water supply system may not exceed an

18 amount equal to 3 percent of the amount provided in the

19 total project construction budget for the portion of the

20 project to be constructed in Perkins County, South Dakota.

21 SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated—

23 (1) $15,000,000 for the planning and construc24 tion of the water system under section 104; and
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1 (2) such sums as are necessary to defray in2 creases in development costs reflected in appropriate

3 engineering cost indices after March 1, 1995.

4 TITLE II—PINE RIVER PROJECT

5 CONVEYANCE ACT

6 SEC. 201. SHORT TITLE.

7 This title may be cited as the ‘‘Pine River Project Con8 veyance Act’’.

9 SEC. 202. DEFINITIONS.

10 For purposes of this title:

11 (1) The term ‘‘Jurisdictional Map’’ means the

12 map entitled ‘‘Transfer of Jurisdiction—Vallecito

13 Reservoir, United States Department of Agriculture,

14 Forest Service and United States Department of the

15 Interior, Bureau of Reclamation and the Bureau of

16 Indian Affairs’’ dated March, 1998.

17 (2) The term ‘‘Pine River Project’’ or the

18 ‘‘Project’’ means Vallecito Dam and Reservoir owned

19 by the United States and authorized in 1937 under

20 the provisions of the Department of the Interior Ap21 propriation Act of June 25, 1910, 36 Stat. 835; fa22 cilities appurtenant to the Dam and Reservoir, in23 cluding equipment, buildings, and other improve24 ments; lands adjacent to the Dam and Reservoir;

25 easements and rights-of-way necessary for access and
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1 all required connections with the Dam and Reservoir,

2 including those for necessary roads; and associated

3 personal property, including contract rights and any

4 and all ownership or property interest in water or

5 water rights.

6 (3) The term ‘‘Repayment Contract’’ means Re7 payment Contract #I1r–1204, between Reclamation

8 and the Pine River Irrigation District, dated April

9 15, 1940, and amended November 30, 1953, and all

10 amendments and additions thereto, including the Act

11 of July 27, 1954 (68 Stat. 534), covering the Pine

12 River Project and certain lands acquired in support

13 of the Vallecito Dam and Reservoir pursuant to which

14 the Pine River Irrigation District has assumed oper15 ation and maintenance responsibilities for the dam,

16 reservoir, and water-based recreation in accordance

17 with existing law.

18 (4) The term ‘‘Reclamation’’ means the Depart19 ment of the Interior, Bureau of Reclamation.

20 (5) The term ‘‘Secretary’’ means the Secretary of

21 the Interior.

22 (6) The term ‘‘Southern Ute Indian Tribe’’ or

23 ‘‘Tribe’’ means a federally recognized Indian tribe, lo24 cated on the Southern Ute Indian Reservation, La

25 Plata County, Colorado.
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1 (7) The term ‘‘Pine River Irrigation District’’ or

2 ‘‘District’’ means a political division of the State of

3 Colorado duly organized, existing, and acting pursu4 ant to the laws thereof with its principal place of

5 business in the City of Bayfield, La Plata County,

Colorado and having an undivided 5 6 ⁄6 right and in7 terest in the use of the water made available by

8 Vallecito Reservoir for the purpose of supplying the

9 lands of the District, pursuant to the Repayment

10 Contract, and the decree in Case No. 1848–B, District

11 Court, Water Division 7, State of Colorado, as well

as an undivided 5 12 ⁄6 right and interest in the Pine

13 River Project.

14 SEC. 203. TRANSFER OF THE PINE RIVER PROJECT.

15 (a) CONVEYANCE.—The Secretary is authorized to con16 vey, without consideration or compensation to the District,

17 by quitclaim deed or patent, pursuant to section 206, the

United States undivided 5 18 ⁄6 right and interest in the Pine

19 River Project under the jurisdiction of Reclamation for the

20 benefit of the Pine River Irrigation District. No partition

of the undivided 5 21 ⁄6 right and interest in the Pine River

Project shall be permitted from the undivided 1 22 ⁄6 right and

23 interest in the Pine River Project described in subsection

24 (b) and any quitclaim deed or patent evidencing a transfer

25 shall expressly prohibit partitioning. Effective on the date
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1 of the conveyance, all obligations between the District and

2 the Bureau of Indian Affairs on the one hand and Reclama3 tion on the other hand, under the Repayment Contract or

4 with respect to the Pine River Project are extinguished.

5 Upon completion of the title transfer, said Repayment Con6 tract shall become null and void. The District shall be re7 sponsible for paying 50 percent of all costs associated with

8 the title transfer.

9 (b) BUREAU OF INDIAN AFFAIRS INTEREST.—At the

10 option of the Tribe, the Secretary is authorized to convey

to the Tribe the Bureau of Indian Affairs’ undivided 1 11 ⁄6

12 right and interest in the Pine River Project and the water

13 supply made available by Vallecito Reservoir pursuant to

14 the Memorandum of Understanding between the Bureau of

15 Reclamation and the Office of Indian Affairs dated Janu16 ary 3, 1940, together with its Amendment dated July 9,

17 1964 (‘MOU’), the Repayment Contract and decrees in Case

18 Nos. 1848–B and W–1603–76D, District Court, Water Di19 vision 7, State of Colorado. In the event of such conveyance,

20 no consideration or compensation shall be required to be

21 paid to the United States.

22 (c) FEDERAL DAM USE CHARGE.—Nothing in this

23 title shall relieve the holder of the license issued by the Fed24 eral Energy Regulatory Commission under the Federal

25 Power Act for Vallecito Dam in effect on the date of enact-
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1 ment of this Act from the obligation to make payments

2 under section 10(e)(2) of the Federal Power Act during the

3 remaining term of the present license. At the expiration of

4 the present license term, the Federal Energy Regulatory

5 Commission shall adjust the charge to reflect either (1) the

1 6 ⁄6 interest of the United States remaining in the Vallecito

7 Dam after conveyance to the District; or (2) if the remaining 1 8 ⁄6 interest of the United States has been conveyed to

9 the Tribe pursuant to subsection (b), then no Federal dam

10 charge shall be levied from the date of expiration of the

11 present license.

12 SEC. 204. JURISDICTIONAL TRANSFER OF LANDS.

13 (a) INUNDATED LANDS.—To provide for the consolida14 tion of lands associated with the Pine River Project to be

15 retained by the Forest Service and the consolidation of

16 lands to be transferred to the District, the administrative

17 jurisdiction of lands inundated by and along the shoreline

18 of Vallecito Reservoir, as shown on the Jurisdictional Map,

19 shall be transferred, as set forth in subsection (b) (the ‘‘Ju20 risdictional Transfer’’), concurrently with the conveyance

21 described in section 203(a). Except as otherwise shown on

22 the Jurisdictional Map—

23 (1) for withdrawn lands (approximately 260

24 acres) lying below the 7,765-foot reservoir water sur25 face elevation level, the Forest Service shall transfer
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an undivided 5 1 ⁄6 interest to Reclamation and an undivided 1 2 ⁄6 interest to the Bureau of Indian Affairs in

3 trust for the Tribe; and

4 (2) for Project acquired lands (approximately

5 230 acres) above the 7,765-foot reservoir water surface

6 elevation level, Reclamation and the Bureau of In7 dian Affairs shall transfer their interests to the Forest

8 Service.

9 (b) MAP.—The Jurisdictional Map and legal descrip10 tions of the lands transferred pursuant to subsection (a)

11 shall be on file and available for public inspection in the

12 offices of the Chief of the Forest Service, Department of Ag13 riculture, the Commissioner of Reclamation, Department of

14 the Interior, appropriate field offices of those agencies, and

15 the Committee on Resources of the House of Representatives

16 and the Committee on Energy and Natural Resources of

17 the Senate.

18 (c) ADMINISTRATION.—Following the Jurisdictional

19 Transfer:

20 (1) All lands that, by reason of the Jurisdic21 tional Transfer, become National Forest System lands

22 within the boundaries of the San Juan National For23 est, shall be administered in accordance with the

24 laws, rules, and regulations applicable to the National

25 Forest System.
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1 (2) Reclamation withdrawals of land from the

2 San Juan National Forest established by Secretarial

3 Orders on November 9, 1936, October 14, 1937, and

4 June 20, 1945, together designated as Serial No. C–

5 28259, shall be revoked.

6 (3) The Forest Service shall issue perpetual ease7 ments to the District and the Bureau of Indian Af8 fairs, at no cost to the District or the Bureau of In9 dian Affairs, providing adequate access across all

10 lands subject to Forest Service jurisdiction to insure

11 the District and the Bureau of Indian Affairs the

12 ability to continue to operate and maintain the Pine

13 River Project.

(4) The undivided 5 14 ⁄6 interest in National Forest

15 System lands that, by reason of the Jurisdictional

16 Transfer is to be administered by Reclamation, shall

17 be conveyed to the District pursuant to section 203(a).

18 (5) The District and the Bureau of Indian Af19 fairs shall issue perpetual easements to the Forest

20 Service, at no cost to the Forest Service, from Na21 tional Forest System lands to Vallecito Reservoir to

22 assure continued public access to Vallecito Reservoir

23 when the Reservoir level drops below the 7,665-foot

24 water surface elevation.
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1 (6) The District and the Bureau of Indian Af2 fairs shall issue a perpetual easement to the Forest

3 Service, at no cost to the Forest Service, for the recon4 struction, maintenance, and operation of a road from

5 La Plata County Road No. 501 to National Forest

6 System lands east of the Reservoir.

7 (d) VALID EXISTING RIGHTS.—Nothing in this title

8 shall affect any valid existing rights or interests in any ex9 isting land use authorization, except that any such land

10 use authorization shall be administered by the agency hav11 ing jurisdiction over the land after the Jurisdictional

12 Transfer in accordance with subsection (c) and other appli13 cable law. Renewal or reissuance of any such authorization

14 shall be in accordance with applicable law and the regula15 tions of the agency having jurisdiction, except that the

16 change of administrative jurisdiction shall not in itself con17 stitute a ground to deny the renewal or reissuance of any

18 such authorization.

19 SEC. 205. LIABILITY.

20 Effective on the date of the conveyance of the remaining undivided 1 21 ⁄6 right and interest in the Pine River

22 Project to the Tribe pursuant to section 203(b), the United

23 States shall not be held liable by any court for damages

24 of any kind arising out of any act, omission, or occurrence

25 relating to such Project, except for damages caused by acts
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1 of negligence committed by the United States or by its em2 ployees, agents, or contractors prior to the date of convey3 ance. Nothing in this section shall be deemed to increase

4 the liability of the United States beyond that currently pro5 vided in the Federal Tort Claims Act (28 U.S.C. 2671 et

6 seq.).

7 SEC. 206. COMPLETION OF CONVEYANCE.

8 (a) IN GENERAL.—The Secretary’s completion of the

9 conveyance under section 203 shall not occur until the fol10 lowing events have been completed:

11 (1) Compliance with the National Environ12 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.),

13 and other applicable Federal and State laws.

14 (2) The submission of a written statement from

15 the Southern Ute Indian Tribe to the Secretary indi16 cating the Tribe’s satisfaction that the Tribe’s Indian

17 Trust Assets are protected in the conveyance described

18 in section 203.

19 (3) Execution of an agreement acceptable to the

20 Secretary which limits the future liability of the

21 United States relative to the operation of the Project.

22 (4) The submission of a statement by the Sec23 retary to the District, the Bureau of Indian Affairs,

24 and the State of Colorado on the existing condition of
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1 Vallecito Dam based on Bureau of Reclamation’s cur2 rent knowledge and understanding.

3 (5) The development of an agreement between the

4 Bureau of Indian Affairs and the District to prescribe

5 the District’s obligation to so operate the Project that

the 1 6 ⁄6 rights and interests to the Project and water

7 supply made available by Vallecito Reservoir held by

8 the Bureau of Indian Affairs are protected. Such

9 agreement shall supercede the Memorandum of Agree10 ment referred to in section 203(b) of this Act.

11 (6) The submission of a plan by the District to

12 manage the Project in a manner substantially similar

13 to the manner in which it was managed prior to the

14 transfer and in accordance with applicable Federal

15 and State laws, including management for the preser16 vation of public access and recreational values and

17 for the prevention of growth on certain lands to be

18 conveyed hereunder, as set forth in an Agreement

19 dated March 20, 1998, between the District and resi20 dents of Vallecito Reservoir. Any future change in the

21 use of the water supplied by Vallecito Reservoir shall

22 comply with applicable law.

23 (7) The development of a flood control plan by

24 the Secretary of the Army acting through the Corps
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1 of Engineers which shall direct the District in the op2 eration of Vallecito Dam for such purposes.

3 (b) REPORT.—If the transfer authorized in section 203

4 is not substantially completed within 18 months from the

5 date of enactment of this Act, the Secretary, in coordination

6 with the District, shall promptly provide a report to the

7 Committee on Resources of the House of Representatives

8 and to the Committee on Energy and Natural Resources

9 of the Senate on the status of the transfer described in sec10 tion 203(a), any obstacles to completion of such transfer,

11 and the anticipated date for such transfer.

12 (c) FUTURE BENEFITS.—Effective upon transfer, the

13 District shall not be entitled to receive any further Rec14 lamation benefits attributable to its status as a Reclama15 tion project pursuant to the Reclamation Act of June 17,

16 1902, and Acts supplementary thereto or amendatory there17 of.

18 TITLE III—WELLTON-MOHAWK

19 TRANSFER ACT

20 SEC. 301. SHORT TITLE.

21 This title may be referred to as the ‘‘Wellton-Mohawk

22 Transfer Act’’.

23 SEC. 302. TRANSFER.

24 The Secretary of the Interior (‘‘Secretary’’) is author25 ized to carry out the terms of the Memorandum of Agree-
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1 ment No. 8–AA–34–WAO14 (‘‘Agreement’’) dated July 10,

2 1998 between the Secretary and the Wellton-Mohawk Irriga3 tion and Drainage District (‘‘District’’) providing for the

4 transfer of works, facilities, and lands to the District, in5 cluding conveyance of Acquired Lands, Public Lands, and

6 Withdrawn Lands, as defined in the Agreement.

7 SEC. 303. WATER AND POWER CONTRACTS.

8 Notwithstanding the transfer, the Secretary and the

9 Secretary of Energy shall provide for and deliver Colorado

10 River water and Parker-Davis Project Priority Use Power

11 to the District in accordance with the terms of existing con12 tracts with the District, including any amendments or sup13 plements thereto or extensions thereof and as provided

14 under section 2 of the Agreement.

15 SEC. 304. SAVINGS.

16 Nothing in this title shall affect any obligations under

17 the Colorado River Basin Salinity Control Act (Public Law

18 93–320, 43 U.S.C. 1571).

19 SEC. 305. REPORT.

20 If transfer of works, facilities, and lands pursuant to

21 the Agreement has not occurred by July 1, 2000, the Sec22 retary shall report on the status of the transfer as provided

23 in section 5 of the Agreement.
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1 SEC. 306. AUTHORIZATION

2 There are authorized to be appropriated such sums as

3 may be necessary to carry out the provisions of this title.

4 TITLE IV—SLY PARK DAM AND

5 RESERVOIR, CALIFORNIA

6 SEC. 401. SHORT TITLE.

7 This title may be cited as the ‘‘Sly Park Unit Convey8 ance Act’’.

9 SEC. 402. DEFINITIONS.

10 For purposes of this title:

11 (1) The term ‘‘District’’ means the El Dorado Ir12 rigation District, a political subdivision of the State

13 of California that has its principal place of business

14 in the city of Placerville, El Dorado County, Califor15 nia.

16 (2) The term ‘‘Secretary’’ means the Secretary of

17 the Interior.

18 (3) The term ‘‘Project’’ means all of the right,

19 title, and interest in and to the Sly Park Dam and

20 Reservoir, Camp Creek Diversion Dam and Tunnel,

21 and conduits and canals held by the United States

22 pursuant to or related to the authorization in the Act

23 entitled ‘‘An Act to authorize the American River

24 Basin Development, California, for irrigation and

25 reclamation, and for other purposes’’, approved Octo26 ber 14, 1949 (63 Stat. 852 chapter 690);
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1 SEC. 403. CONVEYANCE OF PROJECT.

2 (a) IN GENERAL.—In consideration of the District ac3 cepting the obligations of the Federal Government for the

4 Project and subject to the payment by the District of the

5 net present value of the remaining repayment obligation,

6 as determined by Office of Management and Budget Cir7 cular A–129 (in effect on the date of enactment of this Act),

8 the Secretary shall convey the Project to the District.

9 (b) DEADLINE.—

10 (1) IN GENERAL.—If no changes in Project oper11 ations are expected following the conveyance under

12 subsection (a), the Secretary shall complete the con13 veyance expeditiously, but not later than 180 days

14 after the date of the enactment of this Act.

15 (2) DEADLINE IF CHANGES IN OPERATIONS IN16 TENDED.—If the District intends to change Project

17 operations as a result of the conveyance under sub18 section (a), the Secretary—

19 (A) shall take into account those potential

20 changes for the purpose of completing any re21 quired environmental evaluation associated with

22 the conveyance; and

23 (B) shall complete the conveyance by not

24 later than 2 years after the date of the enactment

25 of this Act.
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1 (3) ADMINISTRATIVE COSTS OF CONVEYANCE.—If

2 the Secretary fails to complete the conveyance under

3 this title before the applicable deadline under para4 graph (1) or (2), the full cost of administrative action

5 and environmental compliance for the conveyance

6 shall be borne by the Secretary. If the Secretary completes the conveyance before that deadline, 1 7 ⁄2 of such

8 cost shall be paid by the District.

9 SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS.

10 (a) IN GENERAL.—Nothing in this title shall be con11 strued as significantly expanding or otherwise changing the

12 use or operation of the Project from its current use and

13 operation.

14 (b) FUTURE ALTERATIONS.—If the District alters the

15 operations or uses of the Project it shall comply with all

16 applicable laws or regulations governing such changes at

17 that time (subject to section 405).

18 SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGA19 TIONS.

20 (a) PAYMENT OBLIGATIONS NOT AFFECTED.—The

21 conveyance of the Project under this title does not affect the

22 payment obligations of the District under the contract be23 tween the District and the Secretary numbered 14–06–200–

24 7734, as amended by contracts numbered 14–06–200–

25 4282A and 14–06–200–8536A.
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1 (b) PAYMENT OBLIGATIONS EXTINGUISHED.—Provi2 sion of consideration by the District in accordance with sec3 tion 403(b) shall extinguish all payment obligations under

4 contract numbered 14–06–200–949IR1 between the District

5 and the Secretary.

6 SEC. 406. RELATIONSHIP TO OTHER LAWS.

7 (a) RECLAMATION LAWS.—Except as provided in sub8 section (b), upon conveyance of the Project under this title,

9 the Reclamation Act of 1902 (82 Stat. 388) and all Acts

10 amendatory thereof or supplemental thereto shall not apply

11 to the Project.

12 (b) PAYMENTS INTO THE CENTRAL VALLEY PROJECT

13 RESTORATION FUND.—The El Dorado Irrigation District

14 shall continue to make payments into the Central Valley

15 Project Restoration Fund for 31 years after the date of the

16 enactment of this Act. The District’s obligation shall be cal17 culated in the same manner as Central Valley Project water

18 contractors.

19 SEC. 407. LIABILITY.

20 Except as otherwise provided by law, effective on the

21 date of conveyance of the Project under this title, the United

22 States shall not be liable for damages of any kind arising

23 out of any act, omission, or occurrence based on its prior

24 ownership or operation of the conveyed property.
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1 TITLE V—CLEAR CREEK DIS2 TRIBUTION SYSTEM CONVEY3 ANCE

4 SEC. 501. SHORT TITLE.

5 This title may be cited as the ‘‘Clear Creek Distribu6 tion System Conveyance Act’’.

7 SEC. 502. DEFINITIONS.

8 For purposes of this title:

9 (1) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of the Interior.

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

12 Clear Creek Community Services District, a Califor13 nia community services district located in Shasta

14 County, California.

15 (3) RECLAMATION.—The term ‘‘Reclamation’’

16 means the United States Bureau of Reclamation.

17 (4) AGREEMENT.—The term ‘‘Agreement’’ means

18 Agreement No. 8–07–20–L6975 entitled ‘‘Agreement

19 Between the United States and the Clear Creek Com20 munity Services District to Transfer Title to the

21 Clear Creek Distribution System to the Clear Creek

22 Community Services District.’’

23 (5) DISTRIBUTION SYSTEM.—The term ‘‘Dis24 tribution System’’ means that term as defined in the

25 Agreement.
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1 SEC. 503. AUTHORITY TO CONVEY TITLE.

2 The Secretary is hereby authorized to convey title to

3 the Distribution System consistent with the terms and con4 ditions set forth in the Agreement.

5 SEC. 504. COMPLIANCE WITH OTHER LAWS.

6 Following conveyance of title as provided in this title,

7 the District shall comply with all requirements of Federal,

8 California, and local law as may be applicable to non-Fed9 eral water distribution systems.

10 SEC. 505. NATIVE AMERICAN TRUST RESPONSIBILITY.

11 The Secretary shall ensure that any trust responsibil12 ities to any Native American Tribes that may be affected

13 by the transfer under this title are protected and fulfilled.

14 SEC. 506. LIABILITY.

15 Effective on the date of conveyance as provided in this

16 title, the District agrees that it shall hold the United States

17 harmless and shall indemnify the United States for any and

18 all claims, costs, damages, and judgments of any kind aris19 ing out of any act, omission, or occurrence relating to the

20 Distribution System, except for such claims, costs, or dam21 ages arising from acts of negligence committed by the

22 United States or by its employees, agents, or contractors

23 prior to the date of conveyance for which the United States

24 is found liable under the Federal Tort Claims Act (28

25 U.S.C. 2671 et seq.), provided such acts of negligence ex26 clude all actions related to the installation of the Distribu-
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1 tion System and/or prior billing and payment relative to

2 the Distribution System.

3 SEC. 507. DEAUTHORIZATION.

4 Effective upon the date of conveyance, the Distribution

5 System is hereby deauthorized as a Federal Reclamation

6 Project facility. Thereafter, the District shall not be entitled

7 to receive any further Reclamation benefits relative to the

8 Distribution System. Such deauthorization shall not affect

9 any of the provisions of the District’s existing water service

10 contract with the United States (contract number 14–06–

11 200–489–IR3), as it may be amended or supplemented. Nor

12 shall such deauthorization deprive the District of any exist13 ing contractual or statutory entitlement to subsequent in14 terim renewals of such contract or renewal by entering into

15 a long-term water service contract.

16 TITLE VI—COLUSA BASIN WA17 TERSHED INTEGRATED RE18 SOURCES MANAGEMENT

19 SEC. 601. COLUSA BASIN WATERSHED INTEGRATED RE20 SOURCES MANAGEMENT.

21 (a) SHORT TITLE.—This section may be cited as the

22 ‘‘Colusa Basin Watershed Integrated Resources Manage23 ment Act’’.

24 (b) AUTHORIZATION OF ASSISTANCE.—The Secretary

25 of the Interior (in this section referred to as the ‘‘Sec-
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1 retary’’) may provide financial assistance to the Colusa

2 Basin Drainage District, California (in this section re3 ferred to as the ‘‘District’’), for use by the District or by

4 local agencies acting pursuant to section 413 of the State

5 of California statute known as the Colusa Basin Drainage

6 Act (California Stats. 1987, ch. 1399), as in effect on the

7 date of the enactment of this Act (in this section referred

8 to as the ‘‘State statute’’), for planning, design, environ9 mental compliance, and construction required in carrying

10 out eligible projects in the Colusa Basin Watershed to—

11 (1)(A) reduce the risk of damage to urban and

12 agricultural areas from flooding or the discharge of

13 drainage water or tailwater;

14 (B) assist in groundwater recharge efforts to alle15 viate overdraft and land subsidence; or

16 (C) construct, restore, or preserve wetland and

17 riparian habitat; and

18 (2) capture, as an incidental purpose of any of

19 the purposes referred to in paragraph (1), surface or

20 stormwater for conservation, conjunctive use, and in21 creased water supplies.

22 (c) PROJECT SELECTION.—

23 (1) ELIGIBLE PROJECTS.—A project shall be an

24 eligible project for purposes of subsection (b) only if

25 it is—
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1 (A) identified in the document entitled

2 ‘‘Colusa Basin Water Management Program’’,

3 dated February 1995; and

4 (B) carried out in accordance with that

5 document and all environmental documentation

6 requirements that apply to the project under the

7 laws of the United States and the State of Cali8 fornia.

9 (2) COMPATIBILITY REQUIREMENT.—The Sec10 retary shall ensure that projects for which assistance

11 is provided under this section are not inconsistent

12 with watershed protection and environmental restora13 tion efforts being carried out under the authority of

14 the Central Valley Project Improvement Act (Public

15 Law 102–575; 106 Stat. 4706 et seq.) or the

16 CALFED Bay-Delta Program.

17 (d) COST SHARING.—

18 (1) NON-FEDERAL SHARE.—The Secretary shall

19 require that the District and cooperating non-Federal

20 agencies or organizations pay—

21 (A) 25 percent of the costs associated with

22 construction of any project carried out with as23 sistance provided under this section; and
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1 (B) 100 percent of any operation, mainte2 nance, and replacement and rehabilitation costs

3 with respect to such a project.

4 (2) PLANNING, DESIGN, AND COMPLIANCE AS5 SISTANCE.—Funds appropriated pursuant to this sec6 tion may be made available to fund all costs incurred

7 for planning, design, and environmental compliance

8 activities by the District or by local agencies acting

9 pursuant to the State statute, in accordance with

10 agreements with the Secretary.

11 (3) TREATMENT OF CONTRIBUTIONS.—For pur12 poses of this subsection, the Secretary shall treat the

13 value of lands, interests in lands (including rights-of14 way and other easements), and necessary relocations

15 contributed by the District to a project as a payment

16 by the District of the costs of the project.

17 (e) COSTS NONREIMBURSABLE.—Amounts expended

18 pursuant to this section shall be considered nonreimbursable

19 for purposes of the Act of June 17, 1902 (32 Stat. 388; 43

20 U.S.C. 371 et seq.), and Acts amendatory thereof and sup21 plemental thereto.

22 (f) AGREEMENTS.—Funds appropriated pursuant to

23 this section may be made available to the District or a local

24 agency only if the District or local agency, as applicable,

25 has entered into a binding agreement with the Secretary—
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1 (1) under which the District or the local agency

2 is required to pay the non-Federal share of the costs

3 of construction required by subsection (d)(1); and

4 (2) governing the funding of planning, design,

5 and compliance activities costs under subsection

6 (d)(2).

7 (g) REIMBURSEMENT.—For project work (including

8 work associated with studies, planning, design, and con9 struction) carried out by the District or by a local agency

10 acting pursuant to the State statute referred to in sub11 section (b) before the date amounts are provided for the

12 project under this section, the Secretary shall, subject to

13 amounts being made available in advance in appropria14 tions Acts, reimburse the District or the local agency, with15 out interest, an amount equal to the estimated Federal share

16 of the cost of such work under subsection (d).

17 (h) COOPERATIVE AGREEMENTS.—

18 (1) IN GENERAL.—The Secretary may enter into

19 cooperative agreements and contracts with the Dis20 trict to assist the Secretary in carrying out the pur21 poses of this section.

22 (2) SUBCONTRACTING.—Under such cooperative

23 agreements and contracts, the Secretary may author24 ize the District to manage and let contracts and re25 ceive reimbursements, subject to amounts being made
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1 available in advance in appropriations Acts, for work

2 carried out under such contracts or subcontracts.

3 (i) RELATIONSHIP TO RECLAMATION REFORM ACT OF

4 1982.—Activities carried out, and financial assistance pro5 vided, under this section shall not be considered a supple6 mental or additional benefit for purposes of the Reclama7 tion Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa

8 et seq.).

9 (j) APPROPRIATIONS AUTHORIZED.—There are au10 thorized to be appropriated to the Secretary to carry out

11 this section $25,000,000, plus such additional amount, if

12 any, as may be required by reason of changes in costs of

13 services of the types involved in the District’s projects as

14 shown by engineering and other relevant indexes. Sums ap15 propriated under this subsection shall remain available

16 until expended.

17 TITLE VII—MISCELLANEOUS

18 PROVISIONS

19 SEC. 701. TECHNICAL CORRECTIONS.

20 (a) REDUCTION OF WAITING PERIOD FOR OBLIGATION

21 OF FUNDS PROVIDED UNDER RECLAMATION SAFETY OF

22 DAMS ACT OF 1978.—Section 5 of the Reclamation Safety

23 of Dams Act of 1978 (92 Stat. 2471; 43 U.S.C. 509) is

24 amended by striking ‘‘sixty days’’ and all that follows

25 through ‘‘day certain)’’ and inserting ‘‘30 calendar days’’.
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1 (b) ALBUQUERQUE METROPOLITAN AREA RECLAMA2 TION AND REUSE PROJECT.—

3 (1) TECHNICAL CORRECTIONS.—Section 1621 of

4 the Reclamation Projects Authorization and Adjust5 ment Act of 1992 (43 U.S.C. 390h–12g) is amended—

6 (A) by amending the section heading to

7 read as follows:

8 ‘‘SEC. 1621. ALBUQUERQUE METROPOLITAN AREA WATER

9 RECLAMATION AND REUSE PROJECT.’’;

10 and

11 (B) in subsection (a) by striking ‘‘Reuse’’

12 and all that follows through ‘‘reclaim’’ and in13 serting ‘‘Reuse Project to reclaim’’.

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions in section 2 of such Act is amended by striking

16 the item relating to section 1621 and inserting the

17 following:

‘‘Sec. 1621. Albuquerque Metropolitan Area Water Reclamation and Reuse

Project.’’.

18 (c) PHOENIX METROPOLITAN WATER RECLAMATION

19 AND REUSE PROJECT.—Section 1608 of the Reclamation

20 Projects Authorization and Adjustment Act of 1992 (106

21 Stat. 4666; 43 U.S.C. 390h–6) is amended—

22 (1) by amending subsection (a) to read as fol23 lows:
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1 ‘‘(a) The Secretary, in cooperation with the city of

2 Phoenix, Arizona, shall participate in the planning, design,

3 and construction of the Phoenix Metropolitan Water Rec4 lamation and Reuse Project to utilize fully wastewater from

5 the regional wastewater treatment plant for direct munici6 pal, industrial, agricultural, and environmental purposes,

7 groundwater recharge, and indirect potable reuse in the

8 Phoenix metropolitan area.’’;

9 (2) in subsection (b) by striking the first sen10 tence; and

11 (3) by striking subsection (c).

12 (d) REFUND OF CERTAIN AMOUNTS RECEIVED UNDER

13 RECLAMATION REFORM ACT OF 1982.—

14 (1) REFUND REQUIRED.—Subject to paragraph

15 (2) and the availability of appropriations, the Sec16 retary of the Interior shall refund fully amounts re17 ceived by the United States as collections under sec18 tion 224(i) of the Reclamation Reform Act of 1982

19 (101 Stat. 1330–268; 43 U.S.C. 390ww(i)) for paid

20 bills (including interest collected) issued by the Sec21 retary of the Interior before January 1, 1994, for full22 cost charges that were assessed for failure to file cer23 tain certification or reporting forms under sections

24 206 and 224(c) of such Act (96 Stat. 1266, 1272; 43

25 U.S.C. 390ff, 390ww(c)).
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1 (2) ADMINISTRATIVE FEE.—In the case of a re2 fund of amounts collected in connection with sections

3 206 and 224(c) of the Reclamation Reform Act of

4 1982 (96 Stat. 1266, 1272; 43 U.S.C. 390ff,

5 390ww(c)) with respect to any water year after the

6 1987 water year, the amount refunded shall be re7 duced by an administrative fee of $260 for each oc8 currence.

9 (3) AUTHORIZATION OF APPROPRIATIONS.—

10 There are authorized to be appropriated to carry out

11 this subsection $3,000,000.

12 (e) EXTENSION OF PERIODS FOR REPAYMENTS FOR

13 NUECES RIVER RECLAMATION PROJECT AND CANADIAN

14 RIVER RECLAMATION PROJECT, TEXAS.—Section 2 of the

15 Emergency Drought Relief Act of 1996 (Public Law 104–

16 318; 110 Stat. 3862) is amended by adding at the end the

17 following new subsection:

18 ‘‘(c) EXTENSION OF PERIODS FOR REPAYMENT.—Not19 withstanding any provision of the Reclamation Project Act

20 of 1939 (43 U.S.C. 485 et seq.), the Secretary of the Inte21 rior—

22 ‘‘(1) shall extend the period for repayment by the

23 city of Corpus Christi, Texas, and the Nueces River

24 Authority under contract No. 6–07–01–X0675, relat-
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1 ing to the Nueces River reclamation project, Texas,

2 until—

3 ‘‘(A) August 1, 2029, for repayment pursu4 ant to the municipal and industrial water sup5 ply benefits portion of the contract; and

6 ‘‘(B) until August 1, 2044, for repayment

7 pursuant to the fish and wildlife and recreation

8 benefits portion of the contract; and

9 ‘‘(2) shall extend the period for repayment by the

10 Canadian River Municipal Water Authority under

11 contract No. 14–06–500–485, relating to the Cana12 dian River reclamation project, Texas, until October

13 1, 2021.’’.

14 (f) SOLANO PROJECT WATER.—

15 (1) AUTHORIZATION.—The Secretary of the Inte16 rior is authorized to enter into contracts with the So17 lano County Water Agency, or any of its member unit

18 contractors for water from the Solano Project, Califor19 nia, pursuant to the Act of February 21, 1911 (43

20 U.S.C. 523), for—

21 (A) the impounding, storage, and carriage

22 of nonproject water for domestic, municipal, in23 dustrial, and other beneficial purposes, using

24 any facilities associated with the Solano Project,

25 California, and
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1 (B) the exchange of water among Solano

2 Project contractors, for the purposes set forth in

3 subparagraph (A), using facilities associated

4 with the Solano Project, California.

5 (2) LIMITATION.—The authorization under para6 graph (1) shall be limited to the use of that portion

7 of the Solano Project facilities downstream of Mile 26

8 of the Putah South Canal (as that canal is depicted

9 on the official maps of the Bureau of Reclamation),

10 which is below the diversion points on the Putah

11 South Canal utilized by the city of Fairfield for deliv12 ery of Solano Project water.

13 (g) FISH PASSAGE AND PROTECTIVE FACILITIES,

14 ROGUE RIVER BASIN, OREGON.—The Secretary of the Inte15 rior is authorized to use otherwise available amounts to pro16 vide up to $2,000,000 in financial assistance to the Medford

17 Irrigation District and the Rogue River Valley Irrigation

18 District for the design and construction of fish passage and

19 protective facilities at North Fork Little Butte Creek Diver20 sion Dam and South Fork Little Butte Creek Diversion

21 Dam in the Rogue River basin, Oregon, if the Secretary

22 determines in writing that these facilities will enhance the

23 fish recovery efforts currently underway at the Rogue River

24 Basin Project, Oregon.
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1 (h) LIMITATION ON STATUTORY CONSTRUCTION.—

2 Nothing in this Act shall be construed to abrogate or affect

3 any obligation of the United States under section 120(h)

4 of the Comprehensive Environmental Response, Compensa5 tion, and Liability Act of 1980 (42 U.S.C. 9620(h)).

6 SEC. 702. DICKENSON, NORTH DAKOTA.

7 The Secretary of the Interior shall waive the scheduled

8 annual payments for fiscal years 1998 and 1999 under sec9 tion 208 of the Energy and Water Development Appropria10 tions Act, 1988 (Public Law 100-202; 101 Stat. 1329-118).

Attest:

Clerk.