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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2117 Engrossed Amendment House (EAH)]

  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:

         TITLE I--PERKINS COUNTY RURAL WATER SYSTEM ACT OF 1998

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Perkins County Rural Water System 
Act of 1998''.

SEC. 102. FINDINGS.

    The Congress finds that--
            (1) in 1977, the North Dakota State Legislature authorized 
        and directed the State Water Commission to conduct the 
        Southwest Area Water Supply Study, which included water service 
        to a portion of Perkins County, South Dakota;
            (2) amendments made by the Garrison Diversion Unit 
        Reformulation Act of 1986 (Public Law 101-294) authorized the 
        Southwest Pipeline project as an eligible project for Federal 
        cost share participation; and
            (3) the Perkins County Rural Water System has continued to 
        be recognized by the State of North Dakota, the Southwest Water 
        Authority, the North Dakota Water Commission, the Department of 
        the Interior, and Congress as a component of the Southwest 
        Pipeline Project.

SEC. 103. DEFINITIONS.

    In this title:
            (1) Feasibility study.--The term ``feasibility study'' 
        means the study entitled ``Feasibility Study for Rural Water 
        System for Perkins County Rural Water System, Inc.'', as 
        amended in March 1995.
            (2) Project construction budget.--The term ``project 
        construction budget'' means the description of the total amount 
        of funds that are needed for the construction of the water 
        supply system, as described in the feasibility study.
            (3) Pumping and incidental operational requirements.--The 
        term ``pumping and incidental operational requirements'' means 
        all power requirements that are incidental to the operation of 
        intake facilities, pumping stations, water treatment 
        facilities, cooling facilities, reservoirs, and pipelines to 
        the point of delivery of water by the Perkins County Rural 
        Water System to each entity that distributes water at retail to 
        individual users.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of the Bureau 
        of Reclamation.
            (5) Water supply system.--The term ``water supply system'' 
        means the Perkins County Rural Water System, Inc., a nonprofit 
        corporation, established and operated substantially in 
        accordance with the feasibility study.

SEC. 104. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

    (a) In General.--The Secretary shall make grants to the water 
supply system for the Federal share of the costs of--
            (1) the planning and construction of the water supply 
        system; and
            (2) repairs to existing public water distribution systems 
        to ensure conservation of the resources and to make the systems 
        functional under the new water supply system.
    (b) Limitation on Availability of Construction Funds.--The 
Secretary shall not obligate funds for the construction of the water 
supply system until--
            (1) the requirements of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to 
        the water supply system; and
            (2) a final engineering report and a plan for a water 
        conservation program have been prepared and submitted to 
        Congress for a period of not less than 90 days before the 
        commencement of construction of the system.

SEC. 105. MITIGATION OF FISH AND WILDLIFE LOSSES.

    Mitigation of fish and wildlife losses incurred as a result of the 
construction and operation of the water supply system shall be on an 
acre-for-acre basis, based on ecological equivalency, concurrent with 
project construction, as provided in the feasibility study.

SEC. 106. USE OF PICK-SLOAN POWER.

    (a) In General.--From power designated for future irrigation and 
drainage pumping for the Pick-Sloan Missouri River Basin Program, the 
Western Area Power Administration shall make available the capacity and 
energy required to meet the pumping and incidental operational 
requirements of the water supply system during the period beginning May 
1 and ending October 31 of each year.
    (b) Conditions.--The capacity and energy described in subsection 
(a) shall be made available on the following conditions:
            (1) The water supply system shall be operated on a not-for-
        profit basis.
            (2) The water supply system may contract to purchase its 
        entire electric service requirements, including the capacity 
        and energy made available under subsection (a), from a 
        qualified preference power supplier that itself purchases power 
        from the Western Area Power Administration.
            (3) The rate schedule applicable to the capacity and energy 
        made available under subsection (a) shall be the firm power 
        rate schedule of the Pick-Sloan Eastern Division of the Western 
        Area Power Administration in effect when the power is delivered 
        by the Administration.
            (4) It shall be agreed by contract among--
                    (A) the Western Area Power Administration;
                    (B) the power supplier with which the water supply 
                system contracts under paragraph (2);
                    (C) the power supplier of the entity described in 
                subparagraph (B); and
                    (D) the Perkins County Rural Water System, Inc.;
        that in the case of the capacity and energy made available 
        under subsection (a), the benefit of the rate schedule 
        described in paragraph (3) shall be passed through to the water 
        supply system, except that the power supplier of the water 
        supply system shall not be precluded from including, in the 
        charges of the supplier to the water system for the electric 
        service, the other usual and customary charges of the supplier.

SEC. 107. FEDERAL SHARE.

    The Federal share under section 104 shall be 75 percent of--
            (1) the amount allocated in the total project construction 
        budget for the planning and construction of the water supply 
        system under section 104; and
            (2) such sums as are necessary to defray increases in 
        development costs reflected in appropriate engineering cost 
        indices after March 1, 1995.

SEC. 108. NON-FEDERAL SHARE.

    The non-Federal share under section 104 shall be 25 percent of--
            (1) the amount allocated in the total project construction 
        budget for the planning and construction of the water supply 
        system under section 104; and
            (2) such sums as are necessary to defray increases in 
        development costs reflected in appropriate engineering cost 
        indices after March 1, 1995.

SEC. 109. CONSTRUCTION OVERSIGHT.

    (a) Authorization.--At the request of the Perkins County Rural 
Water System, the Secretary may provide construction oversight to the 
water supply system for areas of the water supply system.
    (b) Project Oversight Administration.--The amount of funds used by 
the Secretary for planning and construction of the water supply system 
may not exceed an amount equal to 3 percent of the amount provided in 
the total project construction budget for the portion of the project to 
be constructed in Perkins County, South Dakota.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated--
            (1) $15,000,000 for the planning and construction of the 
        water system under section 104; and
            (2) such sums as are necessary to defray increases in 
        development costs reflected in appropriate engineering cost 
        indices after March 1, 1995.

              TITLE II--PINE RIVER PROJECT CONVEYANCE ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Pine River Project Conveyance 
Act''.

SEC. 202. DEFINITIONS.

    For purposes of this title:
            (1) The term ``Jurisdictional Map'' means the map entitled 
        ``Transfer of Jurisdiction--Vallecito Reservoir, United States 
        Department of Agriculture, Forest Service and United States 
        Department of the Interior, Bureau of Reclamation and the 
        Bureau of Indian Affairs'' dated March, 1998.
            (2) The term ``Pine River Project'' or the ``Project'' 
        means Vallecito Dam and Reservoir owned by the United States 
        and authorized in 1937 under the provisions of the Department 
        of the Interior Appropriation Act of June 25, 1910, 36 Stat. 
        835; facilities appurtenant to the Dam and Reservoir, including 
        equipment, buildings, and other improvements; lands adjacent to 
        the Dam and Reservoir; easements and rights-of-way necessary 
        for access and all required connections with the Dam and 
        Reservoir, including those for necessary roads; and associated 
        personal property, including contract rights and any and all 
        ownership or property interest in water or water rights.
            (3) The term ``Repayment Contract'' means Repayment 
        Contract #I1r-1204, between Reclamation and the Pine River 
        Irrigation District, dated April 15, 1940, and amended November 
        30, 1953, and all amendments and additions thereto, including 
        the Act of July 27, 1954 (68 Stat. 534), covering the Pine 
        River Project and certain lands acquired in support of the 
        Vallecito Dam and Reservoir pursuant to which the Pine River 
        Irrigation District has assumed operation and maintenance 
        responsibilities for the dam, reservoir, and water-based 
        recreation in accordance with existing law.
            (4) The term ``Reclamation'' means the Department of the 
        Interior, Bureau of Reclamation.
            (5) The term ``Secretary'' means the Secretary of the 
        Interior.
            (6) The term ``Southern Ute Indian Tribe'' or ``Tribe'' 
        means a federally recognized Indian tribe, located on the 
        Southern Ute Indian Reservation, La Plata County, Colorado.
            (7) The term ``Pine River Irrigation District'' or 
        ``District'' means a political division of the State of 
        Colorado duly organized, existing, and acting pursuant to the 
        laws thereof with its principal place of business in the City 
        of Bayfield, La Plata County, Colorado and having an undivided 
        \5/6\ right and interest in the use of the water made available 
        by Vallecito Reservoir for the purpose of supplying the lands 
        of the District, pursuant to the Repayment Contract, and the 
        decree in Case No. 1848-B, District Court, Water Division 7, 
        State of Colorado, as well as an undivided \5/6\ right and 
        interest in the Pine River Project.

SEC. 203. TRANSFER OF THE PINE RIVER PROJECT.

    (a) Conveyance.--The Secretary is authorized to convey, without 
consideration or compensation to the District, by quitclaim deed or 
patent, pursuant to section 206, the United States undivided \5/6\ 
right and interest in the Pine River Project under the jurisdiction of 
Reclamation for the benefit of the Pine River Irrigation District. No 
partition of the undivided \5/6\ right and interest in the Pine River 
Project shall be permitted from the undivided \1/6\ right and interest 
in the Pine River Project described in subsection (b) and any quitclaim 
deed or patent evidencing a transfer shall expressly prohibit 
partitioning. Effective on the date of the conveyance, all obligations 
between the District and the Bureau of Indian Affairs on the one hand 
and Reclamation on the other hand, under the Repayment Contract or with 
respect to the Pine River Project are extinguished. Upon completion of 
the title transfer, said Repayment Contract shall become null and void. 
The District shall be responsible for paying 50 percent of all costs 
associated with the title transfer.
    (b) Bureau of Indian Affairs Interest.--At the option of the Tribe, 
the Secretary is authorized to convey to the Tribe the Bureau of Indian 
Affairs' undivided \1/6\ right and interest in the Pine River Project 
and the water supply made available by Vallecito Reservoir pursuant to 
the Memorandum of Understanding between the Bureau of Reclamation and 
the Office of Indian Affairs dated January 3, 1940, together with its 
Amendment dated July 9, 1964 (`MOU'), the Repayment Contract and 
decrees in Case Nos. 1848-B and W-1603-76D, District Court, Water 
Division 7, State of Colorado. In the event of such conveyance, no 
consideration or compensation shall be required to be paid to the 
United States.
    (c) Federal Dam Use Charge.--Nothing in this title shall relieve 
the holder of the license issued by the Federal Energy Regulatory 
Commission under the Federal Power Act for Vallecito Dam in effect on 
the date of enactment of this Act from the obligation to make payments 
under section 10(e)(2) of the Federal Power Act during the remaining 
term of the present license. At the expiration of the present license 
term, the Federal Energy Regulatory Commission shall adjust the charge 
to reflect either (1) the \1/6\ interest of the United States remaining 
in the Vallecito Dam after conveyance to the District; or (2) if the 
remaining \1/6\ interest of the United States has been conveyed to the 
Tribe pursuant to subsection (b), then no Federal dam charge shall be 
levied from the date of expiration of the present license.

SEC. 204. JURISDICTIONAL TRANSFER OF LANDS.

    (a) Inundated Lands.--To provide for the consolidation of lands 
associated with the Pine River Project to be retained by the Forest 
Service and the consolidation of lands to be transferred to the 
District, the administrative jurisdiction of lands inundated by and 
along the shoreline of Vallecito Reservoir, as shown on the 
Jurisdictional Map, shall be transferred, as set forth in subsection 
(b) (the ``Jurisdictional Transfer''), concurrently with the conveyance 
described in section 203(a). Except as otherwise shown on the 
Jurisdictional Map--
            (1) for withdrawn lands (approximately 260 acres) lying 
        below the 7,765-foot reservoir water surface elevation level, 
        the Forest Service shall transfer an undivided \5/6\ interest 
        to Reclamation and an undivided \1/6\ interest to the Bureau of 
        Indian Affairs in trust for the Tribe; and
            (2) for Project acquired lands (approximately 230 acres) 
        above the 7,765-foot reservoir water surface elevation level, 
        Reclamation and the Bureau of Indian Affairs shall transfer 
        their interests to the Forest Service.
    (b) Map.--The Jurisdictional Map and legal descriptions of the 
lands transferred pursuant to subsection (a) shall be on file and 
available for public inspection in the offices of the Chief of the 
Forest Service, Department of Agriculture, the Commissioner of 
Reclamation, Department of the Interior, appropriate field offices of 
those agencies, and the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate.
    (c) Administration.--Following the Jurisdictional Transfer:
            (1) All lands that, by reason of the Jurisdictional 
        Transfer, become National Forest System lands within the 
        boundaries of the San Juan National Forest, shall be 
        administered in accordance with the laws, rules, and 
        regulations applicable to the National Forest System.
            (2) Reclamation withdrawals of land from the San Juan 
        National Forest established by Secretarial Orders on November 
        9, 1936, October 14, 1937, and June 20, 1945, together 
        designated as Serial No. C-28259, shall be revoked.
            (3) The Forest Service shall issue perpetual easements to 
        the District and the Bureau of Indian Affairs, at no cost to 
        the District or the Bureau of Indian Affairs, providing 
        adequate access across all lands subject to Forest Service 
        jurisdiction to insure the District and the Bureau of Indian 
        Affairs the ability to continue to operate and maintain the 
        Pine River Project.
            (4) The undivided \5/6\ interest in National Forest System 
        lands that, by reason of the Jurisdictional Transfer is to be 
        administered by Reclamation, shall be conveyed to the District 
        pursuant to section 203(a).
            (5) The District and the Bureau of Indian Affairs shall 
        issue perpetual easements to the Forest Service, at no cost to 
        the Forest Service, from National Forest System lands to 
        Vallecito Reservoir to assure continued public access to 
        Vallecito Reservoir when the Reservoir level drops below the 
        7,665-foot water surface elevation.
            (6) The District and the Bureau of Indian Affairs shall 
        issue a perpetual easement to the Forest Service, at no cost to 
        the Forest Service, for the reconstruction, maintenance, and 
        operation of a road from La Plata County Road No. 501 to 
        National Forest System lands east of the Reservoir.
    (d) Valid Existing Rights.--Nothing in this title shall affect any 
valid existing rights or interests in any existing land use 
authorization, except that any such land use authorization shall be 
administered by the agency having jurisdiction over the land after the 
Jurisdictional Transfer in accordance with subsection (c) and other 
applicable law. Renewal or reissuance of any such authorization shall 
be in accordance with applicable law and the regulations of the agency 
having jurisdiction, except that the change of administrative 
jurisdiction shall not in itself constitute a ground to deny the 
renewal or reissuance of any such authorization.

SEC. 205. LIABILITY.

    Effective on the date of the conveyance of the remaining undivided 
\1/6\ right and interest in the Pine River Project to the Tribe 
pursuant to section 203(b), 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 such Project, except for damages caused by 
acts of negligence committed by the United States or by its employees, 
agents, or contractors prior to the date of conveyance. Nothing in this 
section shall be deemed to increase the liability of the United States 
beyond that currently provided in the Federal Tort Claims Act (28 
U.S.C. 2671 et seq.).

SEC. 206. COMPLETION OF CONVEYANCE.

    (a) In General.--The Secretary's completion of the conveyance under 
section 203 shall not occur until the following events have been 
completed:
            (1) Compliance with the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.), and other applicable Federal 
        and State laws.
            (2) The submission of a written statement from the Southern 
        Ute Indian Tribe to the Secretary indicating the Tribe's 
        satisfaction that the Tribe's Indian Trust Assets are protected 
        in the conveyance described in section 203.
            (3) Execution of an agreement acceptable to the Secretary 
        which limits the future liability of the United States relative 
        to the operation of the Project.
            (4) The submission of a statement by the Secretary to the 
        District, the Bureau of Indian Affairs, and the State of 
        Colorado on the existing condition of Vallecito Dam based on 
        Bureau of Reclamation's current knowledge and understanding.
            (5) The development of an agreement between the Bureau of 
        Indian Affairs and the District to prescribe the District's 
        obligation to so operate the Project that the \1/6\ rights and 
        interests to the Project and water supply made available by 
        Vallecito Reservoir held by the Bureau of Indian Affairs are 
        protected. Such agreement shall supercede the Memorandum of 
        Agreement referred to in section 203(b) of this Act.
            (6) The submission of a plan by the District to manage the 
        Project in a manner substantially similar to the manner in 
        which it was managed prior to the transfer and in accordance 
        with applicable Federal and State laws, including management 
        for the preservation of public access and recreational values 
        and for the prevention of growth on certain lands to be 
        conveyed hereunder, as set forth in an Agreement dated March 
        20, 1998, between the District and residents of Vallecito 
        Reservoir. Any future change in the use of the water supplied 
        by Vallecito Reservoir shall comply with applicable law.
            (7) The development of a flood control plan by the 
        Secretary of the Army acting through the Corps of Engineers 
        which shall direct the District in the operation of Vallecito 
        Dam for such purposes.
    (b) Report.--If the transfer authorized in section 203 is not 
substantially completed within 18 months from the date of enactment of 
this Act, the Secretary, in coordination with the District, shall 
promptly provide a report to the Committee on Resources of the House of 
Representatives and to the Committee on Energy and Natural Resources of 
the Senate on the status of the transfer described in section 203(a), 
any obstacles to completion of such transfer, and the anticipated date 
for such transfer.
    (c) Future Benefits.--Effective upon transfer, the District shall 
not be entitled to receive any further Reclamation benefits 
attributable to its status as a Reclamation project pursuant to the 
Reclamation Act of June 17, 1902, and Acts supplementary thereto or 
amendatory thereof.

                 TITLE III--WELLTON-MOHAWK TRANSFER ACT

SEC. 301. SHORT TITLE.

    This title may be referred to as the ``Wellton-Mohawk Transfer 
Act''.

SEC. 302. TRANSFER.

    The Secretary of the Interior (``Secretary'') is authorized to 
carry out the terms of the Memorandum of Agreement No. 8-AA-34-WAO14 
(``Agreement'') dated July 10, 1998 between the Secretary and the 
Wellton-Mohawk Irrigation and Drainage District (``District'') 
providing for the transfer of works, facilities, and lands to the 
District, including conveyance of Acquired Lands, Public Lands, and 
Withdrawn Lands, as defined in the Agreement.

SEC. 303. WATER AND POWER CONTRACTS.

    Notwithstanding the transfer, the Secretary and the Secretary of 
Energy shall provide for and deliver Colorado River water and Parker-
Davis Project Priority Use Power to the District in accordance with the 
terms of existing contracts with the District, including any amendments 
or supplements thereto or extensions thereof and as provided under 
section 2 of the Agreement.

SEC. 304. SAVINGS.

    Nothing in this title shall affect any obligations under the 
Colorado River Basin Salinity Control Act (Public Law 93-320, 43 U.S.C. 
1571).

SEC. 305. REPORT.

    If transfer of works, facilities, and lands pursuant to the 
Agreement has not occurred by July 1, 2000, the Secretary shall report 
on the status of the transfer as provided in section 5 of the 
Agreement.

SEC. 306. AUTHORIZATION

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this title.

            TITLE IV--SLY PARK DAM AND RESERVOIR, CALIFORNIA

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Sly Park Unit Conveyance Act''.

SEC. 402. DEFINITIONS.

    For purposes of this title:
            (1) The term ``District'' means the El Dorado Irrigation 
        District, a political subdivision of the State of California 
        that has its principal place of business in the city of 
        Placerville, El Dorado County, California.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``Project'' means all of the right, title, and 
        interest in and to the Sly Park Dam and Reservoir, Camp Creek 
        Diversion Dam and Tunnel, and conduits and canals held by the 
        United States pursuant to or related to the authorization in 
        the Act entitled ``An Act to authorize the American River Basin 
        Development, California, for irrigation and reclamation, and 
        for other purposes'', approved October 14, 1949 (63 Stat. 852 
        chapter 690);

SEC. 403. CONVEYANCE OF PROJECT.

    (a) In General.--In consideration of the District accepting the 
obligations of the Federal Government for the Project and subject to 
the payment by the District of the net present value of the remaining 
repayment obligation, as determined by Office of Management and Budget 
Circular A-129 (in effect on the date of enactment of this Act), the 
Secretary shall convey the Project to the District.
    (b) Deadline.--
            (1) In general.--If no changes in Project operations are 
        expected following the conveyance under subsection (a), the 
        Secretary shall complete the conveyance expeditiously, but not 
        later than 180 days after the date of the enactment of this 
        Act.
            (2) Deadline if changes in operations intended.--If the 
        District intends to change Project operations as a result of 
        the conveyance under subsection (a), the Secretary--
                    (A) shall take into account those potential changes 
                for the purpose of completing any required 
                environmental evaluation associated with the 
                conveyance; and
                    (B) shall complete the conveyance by not later than 
                2 years after the date of the enactment of this Act.
            (3) Administrative costs of conveyance.--If the Secretary 
        fails to complete the conveyance under this title before the 
        applicable deadline under paragraph (1) or (2), the full cost 
        of administrative action and environmental compliance for the 
        conveyance shall be borne by the Secretary. If the Secretary 
        completes the conveyance before that deadline, \1/2\ of such 
        cost shall be paid by the District.

SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS.

    (a) In General.--Nothing in this title shall be construed as 
significantly expanding or otherwise changing the use or operation of 
the Project from its current use and operation.
    (b) Future Alterations.--If the District alters the operations or 
uses of the Project it shall comply with all applicable laws or 
regulations governing such changes at that time (subject to section 
405).

SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

    (a) Payment Obligations Not Affected.--The conveyance of the 
Project under this title does not affect the payment obligations of the 
District under the contract between the District and the Secretary 
numbered 14-06-200-7734, as amended by contracts numbered 14-06-200-
4282A and 14-06-200-8536A.
    (b) Payment Obligations Extinguished.--Provision of consideration 
by the District in accordance with section 403(b) shall extinguish all 
payment obligations under contract numbered 14-06-200-949IR1 between 
the District and the Secretary.

SEC. 406. RELATIONSHIP TO OTHER LAWS.

    (a) Reclamation Laws.--Except as provided in subsection (b), upon 
conveyance of the Project under this title, the Reclamation Act of 1902 
(82 Stat. 388) and all Acts amendatory thereof or supplemental thereto 
shall not apply to the Project.
    (b) Payments Into the Central Valley Project Restoration Fund.--The 
El Dorado Irrigation District shall continue to make payments into the 
Central Valley Project Restoration Fund for 31 years after the date of 
the enactment of this Act. The District's obligation shall be 
calculated in the same manner as Central Valley Project water 
contractors.

SEC. 407. LIABILITY.

    Except as otherwise provided by law, effective on the date of 
conveyance of the Project under this title, the United States shall not 
be liable for damages of any kind arising out of any act, omission, or 
occurrence based on its prior ownership or operation of the conveyed 
property.

          TITLE V--CLEAR CREEK DISTRIBUTION SYSTEM CONVEYANCE

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Clear Creek Distribution System 
Conveyance Act''.

SEC. 502. DEFINITIONS.

    For purposes of this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) District.--The term ``District'' means the Clear Creek 
        Community Services District, a California community services 
        district located in Shasta County, California.
            (3) Reclamation.--The term ``Reclamation'' means the United 
        States Bureau of Reclamation.
            (4) Agreement.--The term ``Agreement'' means Agreement No. 
        8-07-20-L6975 entitled ``Agreement Between the United States 
        and the Clear Creek Community Services District to Transfer 
        Title to the Clear Creek Distribution System to the Clear Creek 
        Community Services District.''
            (5) Distribution system.--The term ``Distribution System'' 
        means that term as defined in the Agreement.

SEC. 503. AUTHORITY TO CONVEY TITLE.

    The Secretary is hereby authorized to convey title to the 
Distribution System consistent with the terms and conditions set forth 
in the Agreement.

SEC. 504. COMPLIANCE WITH OTHER LAWS.

    Following conveyance of title as provided in this title, the 
District shall comply with all requirements of Federal, California, and 
local law as may be applicable to non-Federal water distribution 
systems.

SEC. 505. NATIVE AMERICAN TRUST RESPONSIBILITY.

    The Secretary shall ensure that any trust responsibilities to any 
Native American Tribes that may be affected by the transfer under this 
title are protected and fulfilled.

SEC. 506. LIABILITY.

    Effective on the date of conveyance as provided in this title, the 
District agrees that it shall hold the United States harmless and shall 
indemnify the United States for any and all claims, costs, damages, and 
judgments of any kind arising out of any act, omission, or occurrence 
relating to the Distribution System, except for such claims, costs, or 
damages arising from acts of negligence committed by the United States 
or by its employees, agents, or contractors prior to the date of 
conveyance for which the United States is found liable under the 
Federal Tort Claims Act (28 U.S.C. 2671 et seq.), provided such acts of 
negligence exclude all actions related to the installation of the 
Distribution System and/or prior billing and payment relative to the 
Distribution System.

SEC. 507. DEAUTHORIZATION.

    Effective upon the date of conveyance, the Distribution System is 
hereby deauthorized as a Federal Reclamation Project facility. 
Thereafter, the District shall not be entitled to receive any further 
Reclamation benefits relative to the Distribution System. Such 
deauthorization shall not affect any of the provisions of the 
District's existing water service contract with the United States 
(contract number 14-06-200-489-IR3), as it may be amended or 
supplemented. Nor shall such deauthorization deprive the District of 
any existing contractual or statutory entitlement to subsequent interim 
renewals of such contract or renewal by entering into a long-term water 
service contract.

    TITLE VI--COLUSA BASIN WATERSHED INTEGRATED RESOURCES MANAGEMENT

SEC. 601. COLUSA BASIN WATERSHED INTEGRATED RESOURCES MANAGEMENT.

    (a) Short Title.--This section may be cited as the ``Colusa Basin 
Watershed Integrated Resources Management Act''.
    (b) Authorization of Assistance.--The Secretary of the Interior (in 
this section referred to as the ``Secretary'') may provide financial 
assistance to the Colusa Basin Drainage District, California (in this 
section referred to as the ``District''), for use by the District or by 
local agencies acting pursuant to section 413 of the State of 
California statute known as the Colusa Basin Drainage Act (California 
Stats. 1987, ch. 1399), as in effect on the date of the enactment of 
this Act (in this section referred to as the ``State statute''), for 
planning, design, environmental compliance, and construction required 
in carrying out eligible projects in the Colusa Basin Watershed to--
            (1)(A) reduce the risk of damage to urban and agricultural 
        areas from flooding or the discharge of drainage water or 
        tailwater;
            (B) assist in groundwater recharge efforts to alleviate 
        overdraft and land subsidence; or
            (C) construct, restore, or preserve wetland and riparian 
        habitat; and
            (2) capture, as an incidental purpose of any of the 
        purposes referred to in paragraph (1), surface or stormwater 
        for conservation, conjunctive use, and increased water 
        supplies.
    (c) Project Selection.--
            (1) Eligible projects.--A project shall be an eligible 
        project for purposes of subsection (b) only if it is--
                    (A) identified in the document entitled ``Colusa 
                Basin Water Management Program'', dated February 1995; 
                and
                    (B) carried out in accordance with that document 
                and all environmental documentation requirements that 
                apply to the project under the laws of the United 
                States and the State of California.
            (2) Compatibility requirement.--The Secretary shall ensure 
        that projects for which assistance is provided under this 
        section are not inconsistent with watershed protection and 
        environmental restoration efforts being carried out under the 
        authority of the Central Valley Project Improvement Act (Public 
        Law 102-575; 106 Stat. 4706 et seq.) or the CALFED Bay-Delta 
        Program.
    (d) Cost Sharing.--
            (1) Non-federal share.--The Secretary shall require that 
        the District and cooperating non-Federal agencies or 
        organizations pay--
                    (A) 25 percent of the costs associated with 
                construction of any project carried out with assistance 
                provided under this section; and
                    (B) 100 percent of any operation, maintenance, and 
                replacement and rehabilitation costs with respect to 
                such a project.
            (2) Planning, design, and compliance assistance.--Funds 
        appropriated pursuant to this section may be made available to 
        fund all costs incurred for planning, design, and environmental 
        compliance activities by the District or by local agencies 
        acting pursuant to the State statute, in accordance with 
        agreements with the Secretary.
            (3) Treatment of contributions.--For purposes of this 
        subsection, the Secretary shall treat the value of lands, 
        interests in lands (including rights-of-way and other 
        easements), and necessary relocations contributed by the 
        District to a project as a payment by the District of the costs 
        of the project.
    (e) Costs Nonreimbursable.--Amounts expended pursuant to this 
section shall be considered nonreimbursable for purposes of the Act of 
June 17, 1902 (32 Stat. 388; 43 U.S.C. 371 et seq.), and Acts 
amendatory thereof and supplemental thereto.
    (f) Agreements.--Funds appropriated pursuant to this section may be 
made available to the District or a local agency only if the District 
or local agency, as applicable, has entered into a binding agreement 
with the Secretary--
            (1) under which the District or the local agency is 
        required to pay the non-Federal share of the costs of 
        construction required by subsection (d)(1); and
            (2) governing the funding of planning, design, and 
        compliance activities costs under subsection (d)(2).
    (g) Reimbursement.--For project work (including work associated 
with studies, planning, design, and construction) carried out by the 
District or by a local agency acting pursuant to the State statute 
referred to in subsection (b) before the date amounts are provided for 
the project under this section, the Secretary shall, subject to amounts 
being made available in advance in appropriations Acts, reimburse the 
District or the local agency, without interest, an amount equal to the 
estimated Federal share of the cost of such work under subsection (d).
    (h) Cooperative Agreements.--
            (1) In general.--The Secretary may enter into cooperative 
        agreements and contracts with the District to assist the 
        Secretary in carrying out the purposes of this section.
            (2) Subcontracting.--Under such cooperative agreements and 
        contracts, the Secretary may authorize the District to manage 
        and let contracts and receive reimbursements, subject to 
        amounts being made available in advance in appropriations Acts, 
        for work carried out under such contracts or subcontracts.
    (i) Relationship to Reclamation Reform Act of 1982.--Activities 
carried out, and financial assistance provided, under this section 
shall not be considered a supplemental or additional benefit for 
purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 
U.S.C. 390aa et seq.).
    (j) Appropriations Authorized.--There are authorized to be 
appropriated to the Secretary to carry out this section $25,000,000, 
plus such additional amount, if any, as may be required by reason of 
changes in costs of services of the types involved in the District's 
projects as shown by engineering and other relevant indexes. Sums 
appropriated under this subsection shall remain available until 
expended.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. TECHNICAL CORRECTIONS.

    (a) Reduction of Waiting Period for Obligation of Funds Provided 
Under Reclamation Safety of Dams Act of 1978.--Section 5 of the 
Reclamation Safety of Dams Act of 1978 (92 Stat. 2471; 43 U.S.C. 509) 
is amended by striking ``sixty days'' and all that follows through 
``day certain)'' and inserting ``30 calendar days''.
    (b) Albuquerque Metropolitan Area Reclamation and Reuse Project.--
            (1) Technical corrections.--Section 1621 of the Reclamation 
        Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 
        390h-12g) is amended--
                    (A) by amending the section heading to read as 
                follows:

``SEC. 1621. ALBUQUERQUE METROPOLITAN AREA WATER RECLAMATION AND REUSE 
              PROJECT.'';

                and
                    (B) in subsection (a) by striking ``Reuse'' and all 
                that follows through ``reclaim'' and inserting ``Reuse 
                Project to reclaim''.
            (2) Clerical amendment.--The table of sections in section 2 
        of such Act is amended by striking the item relating to section 
        1621 and inserting the following:

``Sec. 1621. Albuquerque Metropolitan Area Water Reclamation and Reuse 
                            Project.''.
    (c) Phoenix Metropolitan Water Reclamation and Reuse Project.--
Section 1608 of the Reclamation Projects Authorization and Adjustment 
Act of 1992 (106 Stat. 4666; 43 U.S.C. 390h-6) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) The Secretary, in cooperation with the city of Phoenix, 
Arizona, shall participate in the planning, design, and construction of 
the Phoenix Metropolitan Water Reclamation and Reuse Project to utilize 
fully wastewater from the regional wastewater treatment plant for 
direct municipal, industrial, agricultural, and environmental purposes, 
groundwater recharge, and indirect potable reuse in the Phoenix 
metropolitan area.'';
            (2) in subsection (b) by striking the first sentence; and
            (3) by striking subsection (c).
    (d) Refund of Certain Amounts Received Under Reclamation Reform Act 
of 1982.--
            (1) Refund required.--Subject to paragraph (2) and the 
        availability of appropriations, the Secretary of the Interior 
        shall refund fully amounts received by the United States as 
        collections under section 224(i) of the Reclamation Reform Act 
        of 1982 (101 Stat. 1330-268; 43 U.S.C. 390ww(i)) for paid bills 
        (including interest collected) issued by the Secretary of the 
        Interior before January 1, 1994, for full-cost charges that 
        were assessed for failure to file certain certification or 
        reporting forms under sections 206 and 224(c) of such Act (96 
        Stat. 1266, 1272; 43 U.S.C. 390ff, 390ww(c)).
            (2) Administrative fee.--In the case of a refund of amounts 
        collected in connection with sections 206 and 224(c) of the 
        Reclamation Reform Act of 1982 (96 Stat. 1266, 1272; 43 U.S.C. 
        390ff, 390ww(c)) with respect to any water year after the 1987 
        water year, the amount refunded shall be reduced by an 
        administrative fee of $260 for each occurrence.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection $3,000,000.
    (e) Extension of Periods for Repayments for Nueces River 
Reclamation Project and Canadian River Reclamation Project, Texas.--
Section 2 of the Emergency Drought Relief Act of 1996 (Public Law 104-
318; 110 Stat. 3862) is amended by adding at the end the following new 
subsection:
    ``(c) Extension of Periods for Repayment.--Notwithstanding any 
provision of the Reclamation Project Act of 1939 (43 U.S.C. 485 et 
seq.), the Secretary of the Interior--
            ``(1) shall extend the period for repayment by the city of 
        Corpus Christi, Texas, and the Nueces River Authority under 
        contract No. 6-07-01-X0675, relating to the Nueces River 
        reclamation project, Texas, until--
                    ``(A) August 1, 2029, for repayment pursuant to the 
                municipal and industrial water supply benefits portion 
                of the contract; and
                    ``(B) until August 1, 2044, for repayment pursuant 
                to the fish and wildlife and recreation benefits 
                portion of the contract; and
            ``(2) shall extend the period for repayment by the Canadian 
        River Municipal Water Authority under contract No. 14-06-500-
        485, relating to the Canadian River reclamation project, Texas, 
        until October 1, 2021.''.
    (f) Solano Project Water.--
            (1) Authorization.--The Secretary of the Interior is 
        authorized to enter into contracts with the Solano County Water 
        Agency, or any of its member unit contractors for water from 
        the Solano Project, California, pursuant to the Act of February 
        21, 1911 (43 U.S.C. 523), for--
                    (A) the impounding, storage, and carriage of 
                nonproject water for domestic, municipal, industrial, 
                and other beneficial purposes, using any facilities 
                associated with the Solano Project, California, and
                    (B) the exchange of water among Solano Project 
                contractors, for the purposes set forth in subparagraph 
                (A), using facilities associated with the Solano 
                Project, California.
            (2) Limitation.--The authorization under paragraph (1) 
        shall be limited to the use of that portion of the Solano 
        Project facilities downstream of Mile 26 of the Putah South 
        Canal (as that canal is depicted on the official maps of the 
        Bureau of Reclamation), which is below the diversion points on 
        the Putah South Canal utilized by the city of Fairfield for 
        delivery of Solano Project water.
    (g) Fish Passage and Protective Facilities, Rogue River Basin, 
Oregon.--The Secretary of the Interior is authorized to use otherwise 
available amounts to provide up to $2,000,000 in financial assistance 
to the Medford Irrigation District and the Rogue River Valley 
Irrigation District for the design and construction of fish passage and 
protective facilities at North Fork Little Butte Creek Diversion Dam 
and South Fork Little Butte Creek Diversion Dam in the Rogue River 
basin, Oregon, if the Secretary determines in writing that these 
facilities will enhance the fish recovery efforts currently underway at 
the Rogue River Basin Project, Oregon.
    (h) Limitation on Statutory Construction.--Nothing in this Act 
shall be construed to abrogate or affect any obligation of the United 
States under section 120(h) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

SEC. 702. DICKENSON, NORTH DAKOTA.

    The Secretary of the Interior shall waive the scheduled annual 
payments for fiscal years 1998 and 1999 under section 208 of the Energy 
and Water Development Appropriations Act, 1988 (Public Law 100-202; 101 
Stat. 1329-118).
            Attest:

                                                                          Clerk.
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