II 

Calendar No. 110 

113TH CONGRESS 

1ST SESSION S. 284 

[Report No. 113–56] 

To transfer certain facilities, easements, and rights-of-way to Fort Sumner 

Irrigation District, New Mexico. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2013 

Mr. UDALL of New Mexico (for himself and Mr. HEINRICH) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

JUNE 27, 2013 

Reported by Mr. WYDEN, without amendment 

A BILL 

To transfer certain facilities, easements, and rights-of-way 

to Fort Sumner Irrigation District, New Mexico. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fort Sumner Project 

5 Title Conveyance Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DISTRICT.—The term ‘‘District’’ means the 

4 Fort Sumner Irrigation District, located in De Baca 

5 County, New Mexico. 

6 (2) FORBEARANCE AGREEMENT.—The term 

7 ‘‘Forbearance Agreement’’ means the contract be8 tween the United States and the District for the for9 bearance of exercising priority water rights num10 bered 08–WC–40–292 and dated August 21, 2009 

11 (including any amendments to that contract). 

12 (3) PROJECT.—The term ‘‘Project’’ means the 

13 Fort Sumner reclamation project. 

14 (4) REPAYMENT CONTRACT.—The term ‘‘Re15 payment Contract’’ means the contract between the 

16 United States and the District numbered Ilr–1524 

17 and dated November 5, 1948 (including any supple18 ments and amendments to that contract). 

19 (5) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (6) MEMORANDUM OF AGREEMENT.—The term 

22 ‘‘Memorandum of Agreement’’ means the agreement 

23 entitled ‘‘Memorandum of Agreement between the 

24 United States and the Fort Sumner Irrigation Dis25 trict Concerning Principles and Elements of Pro26 posed Transfer of Title to Fort Sumner Irrigation 


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1 District Facilities’’ and numbered 11–WC–40–406 

2 (including any amendments to that agreement). 

3 (7) TRANSFER AGREEMENT.—The term 

4 ‘‘Transfer Agreement’’ means the agreement be5 tween the United States and the Fort Sumner Irri6 gation District that identifies the specific terms and 

7 conditions of the title transfer. This document will 

8 be completed after the requirements described in 

9 section 3(d) are satisfied. 

10 SEC. 3. CONVEYANCE. 

11 (a) IN GENERAL.—The Secretary is authorized to 

12 convey to the District all right and title of the United 

13 States in and to all works, land, and facilities of the 

14 Project, in accordance with the terms and conditions es15 tablished in the Transfer Agreement. 

16 (b) VALID EXISTING RIGHTS.—The conveyance 

17 under this section shall be subject to all valid existing 

18 leases, permits, rights-of-way, easements, and other rights 

19 appurtenant to the property conveyed. 

20 (c) COSTS OF CONVEYANCE.—The costs of the con21 veyance under this section, including the costs of environ22 mental compliance, may be shared between the United 

23 States and the District, in accordance with the Memo24 randum of Agreement. 

25 (d) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 


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1 (1) IN GENERAL.—Before carrying out the con2 veyance under subsection (a), the Secretary shall as3 sure compliance with all applicable requirements 

4 under— 

5 (A) the National Environmental Policy Act 

6 of 1969 (42 U.S.C. 4321 et seq.); 

7 (B) the Endangered Species Act of 1973 

8 (16 U.S.C. 1531 et seq.); and 

9 (C) any other law applicable to the prop10 erty conveyed. 

11 (2) EFFECT.—Nothing in this Act modifies or 

12 alters any obligation under— 

13 (A) the National Environmental Policy Act 

14 of 1969 (42 U.S.C. 4321 et seq.); or 

15 (B) the Endangered Species Act of 1973 

16 (16 U.S.C. 1531 et seq.). 

17 (e) FAILURE TO CONVEY.—If the Secretary fails to 

18 complete the conveyance under this section by the date 

19 that is 2 years after the date of completion of the require20 ments described in subsection (d), the Secretary shall sub21 mit to Congress a report that— 

22 (1) explains the reasons why the conveyance 

23 has not been completed; and 

24 (2) states the date by which the conveyance will 

25 be completed. 


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1 SEC. 4. LIABILITY. 

2 (a) IN GENERAL.—Effective on the date of the con3 veyance under section 3, the United States— 

4 (1) shall have no further interest in, and shall 

5 have no responsibility for operating or maintaining, 

6 the Project; and 

7 (2) shall not be liable for damages of any kind 

8 arising out of any act, omission, or occurrence relat9 ing to the conveyed property, except for damages 

10 caused by acts committed by the United States or 

11 employees, agents, or contractors of the United 

12 States before the date of the conveyance. 

13 (b) EFFECT OF SECTION.—Nothing in this section 

14 increases the liability of the United States beyond the li15 ability provided under chapter 171 of title 28, United 

16 States Code (commonly known as the ‘‘Federal Tort 

17 Claims Act’’). 

18 SEC. 5. TERMINATION OF REPAYMENT CONTRACT. 

19 Effective beginning on the date of the conveyance 

20 under section 3— 

21 (1) the Repayment Contract shall terminate; 

22 and 

23 (2) the United States and the District shall 

24 have no obligations under the Repayment Contract. 


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1 SEC. 6. FORBEARANCE AGREEMENT. 

2 (a) PAYMENT OBLIGATION.—In accordance with 

3 paragraph 4(a) of the Forbearance Agreement, effective 

4 beginning on the date of termination of the Repayment 

5 Contract under section 5, the United States shall have no 

6 payment obligation under paragraph 4(a) of the Forbear7 ance Agreement. 

8 (b) OTHER TERMS AND CONDITIONS.—All other 

9 terms and conditions of the Forbearance Agreement shall 

10 remain in full force and effect on termination of the Re11 payment Contract under section 5. 

12 (c) TERM.—The term of the Forbearance Agreement 

13 shall be not less than 10 years after the date of enactment 

14 of this Act, as set forth in the Memorandum of Agreement. 

15 SEC. 7. FUTURE BENEFITS. 

16 After conveyance of title under this Act— 

17 (1) the conveyed property shall not be consid18 ered to be a part of a Federal reclamation project; 

19 and 

20 (2) the entity to which the property is conveyed 

21 shall not be eligible to receive any benefits, including 

22 Federal project power, with respect to the conveyed 

23 property, except for benefits that would be available 

24 to a similarly situated entity with respect to prop25 erty that is not part of a Federal reclamation 

26 project. 


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PWALKER on DSK7TPTVN1PROD with BILLS
Calendar No. 110 

113TH CONGRESS 

1ST SESSION S. 284 

[Report No. 113–56] 

A BILL 

To transfer certain facilities, easements, and rightsMexico. of-way to Fort Sumner Irrigation District, New 

JUNE 27, 2013 

Reported without amendment 


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