II 

113TH CONGRESS 

1ST SESSION S. 284 

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 

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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 Fort Sumner Irrigation District, located in De Baca 

10 County, New Mexico. 


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1 (2) FORBEARANCE AGREEMENT.—The term 

2 ‘‘Forbearance Agreement’’ means the contract be3 tween the United States and the District for the for4 bearance of exercising priority water rights num5 bered 08–WC–40–292 and dated August 21, 2009 

6 (including any amendments to that contract). 

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

8 Fort Sumner reclamation project. 

9 (4) REPAYMENT CONTRACT.—The term ‘‘Re10 payment Contract’’ means the contract between the 

11 United States and the District numbered Ilr–1524 

12 and dated November 5, 1948 (including any supple13 ments and amendments to that contract). 

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

15 the Secretary of the Interior. 

16 (6) MEMORANDUM OF AGREEMENT.—The term 

17 ‘‘Memorandum of Agreement’’ means the agreement 

18 entitled ‘‘Memorandum of Agreement between the 

19 United States and the Fort Sumner Irrigation Dis20 trict Concerning Principles and Elements of Pro21 posed Transfer of Title to Fort Sumner Irrigation 

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

23 (including any amendments to that agreement). 

24 (7) TRANSFER AGREEMENT.—The term 

25 ‘‘Transfer Agreement’’ means the agreement beVerDate Mar 15 2010 03:33 Feb 22, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S284.IS S284

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1 tween the United States and the Fort Sumner Irri2 gation District that identifies the specific terms and 

3 conditions of the title transfer. This document will 

4 be completed after the requirements described in 

5 section 3(d) are satisfied. 

6 SEC. 3. CONVEYANCE. 

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

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

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

10 Project, in accordance with the terms and conditions es11 tablished in the Transfer Agreement. 

12 (b) VALID EXISTING RIGHTS.—The conveyance 

13 under this section shall be subject to all valid existing 

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

15 appurtenant to the property conveyed. 

16 (c) COSTS OF CONVEYANCE.—The costs of the con17 veyance under this section, including the costs of environ18 mental compliance, may be shared between the United 

19 States and the District, in accordance with the Memo20 randum of Agreement. 

21 (d) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

22 (1) IN GENERAL.—Before carrying out the con23 veyance under subsection (a), the Secretary shall as24 sure compliance with all applicable requirements 

25 under— 


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1 (A) the National Environmental Policy Act 

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

3 (B) the Endangered Species Act of 1973 

4 (16 U.S.C. 1531 et seq.); and 

5 (C) any other law applicable to the prop6 erty conveyed. 

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

8 alters any obligation under— 

9 (A) the National Environmental Policy Act 

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

11 (B) the Endangered Species Act of 1973 

12 (16 U.S.C. 1531 et seq.). 

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

14 complete the conveyance under this section by the date 

15 that is 2 years after the date of completion of the require16 ments described in subsection (d), the Secretary shall sub17 mit to Congress a report that— 

18 (1) explains the reasons why the conveyance 

19 has not been completed; and 

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

21 be completed. 

22 SEC. 4. LIABILITY. 

23 (a) IN GENERAL.—Effective on the date of the con24 veyance under section 3, the United States— 


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

2 have no responsibility for operating or maintaining, 

3 the Project; and 

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

5 arising out of any act, omission, or occurrence relat6 ing to the conveyed property, except for damages 

7 caused by acts committed by the United States or 

8 employees, agents, or contractors of the United 

9 States before the date of the conveyance. 

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

11 increases the liability of the United States beyond the li12 ability provided under chapter 171 of title 28, United 

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

14 Claims Act’’). 

15 SEC. 5. TERMINATION OF REPAYMENT CONTRACT. 

16 Effective beginning on the date of the conveyance 

17 under section 3— 

18 (1) the Repayment Contract shall terminate; 

19 and 

20 (2) the United States and the District shall 

21 have no obligations under the Repayment Contract. 

22 SEC. 6. FORBEARANCE AGREEMENT. 

23 (a) PAYMENT OBLIGATION.—In accordance with 

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

25 beginning on the date of termination of the Repayment 


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

2 payment obligation under paragraph 4(a) of the Forbear3 ance Agreement. 

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

5 terms and conditions of the Forbearance Agreement shall 

6 remain in full force and effect on termination of the Re7 payment Contract under section 5. 

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

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

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

11 SEC. 7. FUTURE BENEFITS. 

12 After conveyance of title under this Act— 

13 (1) the conveyed property shall not be consid14 ered to be a part of a Federal reclamation project; 

15 and 

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

17 shall not be eligible to receive any benefits, including 

18 Federal project power, with respect to the conveyed 

19 property, except for benefits that would be available 

20 to a similarly situated entity with respect to prop21 erty that is not part of a Federal reclamation 

22 project. 

Æ 


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