II 

Calendar No. 724

108TH CONGRESS 

2D SESSION S. 1876

[Report No. 108–365] 

To authorize the Secretary of the Interior to convey certain lands and facilities 

of the Provo River Project. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2003

Mr. BENNETT introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

SEPTEMBER 28, 2004

Reported by Mr. DOMENICI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

To authorize the Secretary of the Interior to convey certain 

lands and facilities of the Provo River Project.

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 ‘‘Provo River Project 

5 Transfer Act’’. 
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•S 1876 RS 

1 SEC. 2. DEFINITIONS. 

2 For purposes of this Act: 

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

4 the Secretary of the Interior. 

5 (2) RECLAMATION.—The term ‘‘Reclamation’’ 

6 means the Bureau of Reclamation. 

7 (3) ASSOCIATION.—The term ‘‘Association’’ 

8 means the Provo River Water Users Association, a 

9 nonprofit corporation organized and existing under 

10 the laws of the State of Utah. 

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

12 Metropolitan Water District of Salt Lake & Sandy, 

13 a political subdivision of the State of Utah. 

14 (5) PROVO RESERVOIR CANAL.—The term 

15 ‘‘Provo Reservoir Canal’’ means the canal, and asso16 ciated lands, rights-of-way, and facilities acquired, 

17 constructed, or improved by the United States as 

18 part of the Provo River Project, Deer Creek Divi19 sion, extending from, and including, the Murdock 

20 Diversion Dam at the mouth of Provo Canyon, 

21 Utah, to and including the Provo Reservoir Canal 

22 Siphon and Penstock. 

23 (6) PLEASANT GROVE PROPERTY.—The term 

24 ‘‘Pleasant Grove Property’’ means a 3.79-acre parcel 

25 of land acquired by the United States for the Provo 

26 River Project, Deer Creek Division, located at ap-
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1 proximately 285 West 1100 North, Pleasant Grove, 

2 Utah, including the office building and shop complex 

3 constructed by the Association. 

4 (7) SALT LAKE AQUEDUCT.—The term ‘‘Salt 

5 Lake Aqueduct’’ means the aqueduct and associated 

6 lands, rights-of-way, and facilities acquired, con7 structed or improved by the United States as part 

8 of the Provo River Project, Aqueduct Division, ex9 tending from, and including, the Salt Lake Aqueduct 

10 Intake at the base of Deer Creek Dam to and in11 cluding the Terminal Reservoir located at 3300 

12 South and I–215 in Salt Lake City, Utah. 

13 (8) AGREEMENT.—The term ‘‘Agreement’’ 

14 means Contract No. lllllllll, dated 

15 lllllllll, and entitled ‘‘Agreement 

16 Among the United States, the Provo River Water 

17 Users Association and the Metropolitan Water Dis18 trict of Salt Lake & Sandy to Transfer Title to Cer19 tain Lands and Facilities of the Provo River 

20 Project’’. 

21 SEC. 3. TRANSFER. 

22 (a) PROVO RESERVOIR CANAL.—The Secretary shall 

23 convey to the Association, pursuant to the terms and con24 ditions of the Agreement, all right, title, and interest of 

25 the United States in and to the Provo Reservoir Canal, 
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1 as it exists on the date of enactment of this Act and as 

2 generally depicted on the Map marked Exhibit A attached 

3 to the Agreement, when the Association has certified to 

4 the Secretary that agreements have been entered into sat5 isfactory to the Association, the District, Central Utah 

6 Water Conservancy District, Jordan Valley Water Conser7 vancy District providing for operation of the Provo Res8 ervoir Canal after title transfer, and future ownership, fi9 nancing, and improvement of the Provo Reservoir Canal. 

10 (b) PLEASANT GROVE PROPERTY.—The Secretary 

11 shall convey to the Association, pursuant to the terms and 

12 conditions of the Agreement, all right, title, and interest 

13 of the United States in and to the Pleasant Grove Prop14 erty, as it exists on the date of enactment of this Act and 

15 as generally depicted on the Map marked Exhibit B at16 tached to the Agreement. 

17 (c) SALT LAKE AQUEDUCT.—The Secretary shall 

18 convey to the District, pursuant to the terms and condi19 tions of the Agreement, all right, title, and interest of the 

20 United States in and to Salt Lake Aqueduct, as it exists 

21 on the date of enactment of this Act and as generally de22 picted on the Map marked Exhibit C attached to the 

23 Agreement. 
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1 SEC. 4. EXISTING CONTRACTS CONFIRMED. 

2 Notwithstanding any transfer provided for in this 

3 Act, those portions of the Deer Creek Division, Provo 

4 River Project, Utah, that are not transferred shall con5 tinue to be operated and maintained by the Association, 

6 pursuant to the Contract Between the United States and 

7 Provo River Water Users Association Providing for the 

8 Construction of the Deer Creek Division of the Provo 

9 River Project, Utah, Contract No. Ilr–874, dated June 27, 

10 1936, including any amendments or supplements thereto 

11 or extensions thereof. This Act shall not be construed to 

12 impair any existing contracts, including subscription con13 tracts, that allow for or create a right to convey water 

14 through the Provo Reservoir Canal. 

15 SEC. 5. REPORT. 

16 If conveyance of any of the lands and facilities re17 quired by this Act and described in the Agreement is not 

18 completed within 18 months following the date of enact19 ment of this Act, the Secretary shall submit a report to 

20 the Congress that describes the status of the conveyance, 

21 any obstacles to completion of the conveyance, and an an22 ticipated date for completion of the conveyance. 

23 SEC. 6. COSTS. 

24 (a) IN GENERAL.—The Secretary shall require, as a 

25 condition of the conveyance under section 3, that the Asso26 ciation and the District pay or contribute to administra-
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1 tive costs, real estate transfer costs, and the costs associ2 ated with compliance with the National Environmental 

3 Policy Act of 1969, the Endangered Species Act of 1973, 

4 the National Historic Preservation Act, and other Federal 

5 cultural resource laws, all as described in the Agreement. 

6 (b) VALUE OF FACILITIES TO BE TRANSFERRED.—

7 (1) PAYMENT BY ASSOCIATION.—In addition to 

8 subsection (a), the Secretary shall also require, as a 

9 condition of the conveyance under section 3(a), that 

10 the Association pay to the United States the net 

11 present value of the Provo Reservoir Canal and the 

12 Pleasant Grove Property, as described in the Agree13 ment: Provided, however, That the Association may 

14 deduct from the net present value such sums as are 

15 required to accomplish the reimbursement described 

16 in the Contributed Funds Act Agreement. 

17 (2) PAYMENT BY DISTRICT.—In addition to 

18 subsection (a) the Secretary shall also require, as a 

19 condition of the conveyance under section 3(b), that 

20 the District pay the United States the net present 

21 value of the Salt Lake Aqueduct, as described in the 

22 Agreement: Provided, however, That the District 

23 may deduct from the net present value such sums as 

24 are required to accomplish the reimbursement de25 scribed in the Contributed Funds Act Agreement. 
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1 SEC. 7. NATIONAL ENVIRONMENTAL POLICY ACT. 

2 Prior to any conveyance under this Act, the Secretary 

3 shall complete all actions required under the National En4 vironmental Policy Act of 1969 (72 U.S.C. 4321 et seq.), 

5 the Endangered Species Act of 1973 (16 U.S.C. 1531 et 

6 seq.), and all other applicable laws. 

7 SEC. 8. LIABILITY. 

8 Effective on the date of the conveyance required by 

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

10 court for damages of any kind arising out of any act, omis11 sion, or occurrence relating to the transferred lands and 

12 facilities, except for damages caused by acts of negligence 

13 committed by the United States or by its employees or 

14 agents prior to the date of conveyance. Nothing in this 

15 section shall be considered to increase the liability of the 

16 United States beyond that currently provided in chapter 

17 171 of title 28, United States Code, popularly known as 

18 the ‘‘Federal Tort Claims Act’’. 

19 SEC. 9. FUTURE BENEFITS. 

20 Upon conveyance of the lands and facilities by the 

21 Secretary under this Act, the transferred facilities and 

22 lands shall no longer be part of a Federal reclamation 

23 project and the Association and the District shall not be 

24 entitled to receive any future reclamation benefits with re25 spect to the transferred facilities and lands, except those
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1 benefits that would be available to other nonreclamation 

2 facilities.

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Provo River Project 

5 Transfer Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AGREEMENT.—The term ‘‘Agreement’’ means 

9 the contract numbered 04–WC-40-8950 and entitled 

10 ‘‘Agreement Among the United States, the Provo 

11 River Water Users Association, and the Metropolitan 

12 Water District of Salt Lake & Sandy to Transfer 

13 Title to Certain Lands and Facilities of the Provo 

14 River Project’’. 

15 (2) ASSOCIATION.—The term ‘‘Association’’ 

16 means the Provo River Water Users Association, a 

17 nonprofit corporation organized under the laws of the 

18 State. 

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

20 Metropolitan Water District of Salt Lake & Sandy, 

21 a political subdivision of the State. 

22 (4) PLEASANT GROVE PROPERTY.—

23 (A) IN GENERAL.—The term ‘‘Pleasant 

24 Grove Property’’ means the 3.79-acre parcel of 

25 land acquired by the United States for the Provo 
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1 River Project, Deer Creek Division, located at 

2 approximately 285 West 1100 North, Pleasant 

3 Grove, Utah, as in existence on the date of enact4 ment of this Act. 

5 (B) INCLUSIONS.—The term ‘‘Pleasant 

6 Grove Property’’ includes the office building and 

7 shop complex constructed by the Association on 

8 the parcel of land described in subparagraph 

9 (A). 

10 (5) PROVO RESERVOIR CANAL.—The term ‘‘Provo 

11 Reservoir Canal’’ means the canal, and any associ12 ated land, rights-of-way, and facilities acquired, con13 structed, or improved by the United States as part of 

14 the Provo River Project, Deer Creek Division, extend15 ing from, and including, the Murdock Diversion Dam 

16 at the mouth of Provo Canyon, Utah, to and includ17 ing the Provo Reservoir Canal Siphon and Penstock, 

18 as in existence on the date of enactment of this Act. 

19 (6) SALT LAKE AQUEDUCT.—The term ‘‘Salt 

20 Lake Aqueduct’’ means the aqueduct and associated 

21 land, rights-of-way, and facilities acquired, con22 structed, or improved by the United States as part of 

23 the Provo River Project, Aqueduct Division, extending 

24 from, and including, the Salt Lake Aqueduct Intake 

25 at the base of Deer Creek Dam to and including the 
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1 Terminal Reservoirs located at 3300 South St. and 

2 Interstate Route 215 in Salt Lake City, Utah, as in 

3 existence on the date of enactment of this Act. 

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

5 the Secretary of the Interior. 

6 (8) STATE.—The term ‘‘State’’ means the State 

7 of Utah. 

8 SEC. 3. CONVEYANCE OF LAND AND FACILITIES. 

9 (a) CONVEYANCES TO ASSOCIATION.—

10 (1) PROVO RESERVOIR CANAL.—

11 (A) IN GENERAL.—In accordance with the 

12 terms and conditions of the Agreement and sub13 ject to subparagraph (B), the Secretary shall 

14 convey to the Association, all right, title, and in15 terest of the United States in and to the Provo 

16 Reservoir Canal. 

17 (B) CONDITION.—The conveyance under 

18 subparagraph (A) shall not be completed until 

19 the Secretary accepts future arrangements en20 tered into by the Association, the District, the 

21 Central Utah Water Conservancy District, and 

22 the Jordan Valley Water Conservancy District 

23 providing for the operation, ownership, financ24 ing, and improvement of the Provo Reservoir 

25 Canal. 
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1 (2) PLEASANT GROVE PROPERTY.—In accordance 

2 with the terms and conditions of the Agreement, the 

3 Secretary shall convey to the Association, all right, 

4 title, and interest of the United States in and to the 

5 Pleasant Grove Property. 

6 (b) CONVEYANCE TO DISTRICT.—

7 (1) IN GENERAL.—In accordance with the terms 

8 and conditions of the Agreement, the Secretary shall 

9 convey to the District, all right, title, and interest of 

10 the United States in and to the Salt Lake Aqueduct. 

11 (2) EASEMENTS.—

12 (A) IN GENERAL.—As part of the convey13 ance under paragraph (1), the Secretary shall 

14 grant to the District permanent easements to—

15 (i) the National Forest System land on 

16 which the Salt Lake Aqueduct is located; 

17 and 

18 (ii) land of the Aqueduct Division of 

19 the Provo River Project that intersects the 

20 parcel of non-Federal land authorized to be 

21 conveyed to the United States under section 

22 104(a) of Public Law 107–329 (116 Stat. 

23 2816). 

24 (B) PURPOSE.—The easements conveyed 

25 under subparagraph (A) shall be for the use, op-
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1 eration, maintenance, repair, improvement, or 

2 replacement of the Salt Lake Aqueduct by the 

3 District. 

4 (C) LIMITATION.—The United States shall 

5 not carry out any activity on the land subject to 

6 the easements conveyed under subparagraph (A) 

7 that would materially interfere with the use, op8 eration, maintenance, repair, improvement, or 

9 replacement of the Salt Lake Aqueduct by the 

10 District. 

11 (D) BOUNDARIES.—The boundaries of the 

12 easements conveyed under subparagraph (A) 

13 shall be determined by the Secretary, in con14 sultation with the District. 

15 (E) REVOCATION OF WITHDRAWALS.—On 

16 conveyance of the easement to the land described 

17 in subparagraph (A)(i), the Secretary, subject to 

18 the easement and any terms and conditions of 

19 the Agreement, shall revoke any public land or20 ders withdrawing National Forest System land 

21 for the Aqueduct Division of the Provo River 

22 Project. 

23 (F) TRANSFER OF ADMINISTRATIVE JURIS24 DICTION.—
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1 (i) IN GENERAL.—On conveyance of 

2 the easement to the land described in sub3 paragraph (A)(ii), the Secretary, subject to 

4 the easement, shall transfer to the Secretary 

5 of Agriculture administrative jurisdiction 

6 over the land. 

7 (ii) ADMINISTRATIVE SITE.—The land 

8 transferred under clause (i) shall be admin9 istered by the Secretary of Agriculture as an 

10 administrative site. 

11 (G) ADMINISTRATION.—The easements con12 veyed under subparagraph (A) shall be adminis13 tered by the Secretary of Agriculture in accord14 ance with section 501(b)(3) of the Federal Land 

15 Policy and Management Act of 1976 (43 U.S.C. 

16 1761(b)(3)). 

17 (c) CONSIDERATION.—

18 (1) ASSOCIATION.—

19 (A) IN GENERAL.—In exchange for the con20 veyance under subsection (a)(1), the Association 

21 shall pay the Secretary an amount that is equal 

22 to the sum of—

23 (i) the net present value of any re24 maining debt obligation of the United 
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1 States with respect to the Provo Reservoir 

2 Canal; and 

3 (ii) the net present value of any reve4 nues from the Provo Reservoir Canal that, 

5 based on past history—

6 (I) would be available to the 

7 United States but for the conveyance of 

8 the Provo Reservoir Canal under sub9 section (a)(1); and 

10 (II) would be deposited in the rec11 lamation fund established under the 

12 first section of the Act of June 17, 1902 

13 (43 U.S.C. 391), and credited under 

14 the terms of Reclamation Manual/Di15 rectives and Standards PEC 03–01. 

16 (B) DEDUCTION.—In determining the net 

17 present values under clauses (i) and (ii) of sub18 paragraph (A), the Association may deduct from 

19 the net present value such sums as are required 

20 for the reimbursement described in the Agree21 ment. 

22 (2) DISTRICT.—

23 (A) IN GENERAL.—In exchange for the con24 veyance under subsection (b)(1), the District 
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1 shall pay the Secretary an amount that is equal 

2 to the sum of— 

3 (i) the net present value of any re4 maining debt obligation of the United 

5 States with respect to the Salt Lake Aque6 duct; and 

7 (ii) the net present value of any reve8 nues from the Salt Lake Aqueduct that, 

9 based on past history—

10 (I) would have been available to 

11 the United States but for the convey12 ance of the Salt Lake Aqueduct under 

13 subsection (b)(1); and 

14 (II) would be deposited in the rec15 lamation fund established under the 

16 first section of the Act of June 17, 1902 

17 (43 U.S.C. 391), and credited under 

18 the terms of Reclamation Manual/Di19 rectives and Standards PEC 03–01. 

20 (B) DEDUCTION.—In determining the net 

21 present values under clauses (i) and (ii) of sub22 paragraph (A), the District may deduct from the 

23 net present value such sums as are required for 

24 the reimbursement described in the Agreement. 
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1 (d) PAYMENT OF COSTS.—In addition to amounts 

2 paid to the Secretary under subsection (c), the Association 

3 and the District shall, in accordance with the Agreement, 

4 pay the Secretary—

5 (1) any necessary and reasonable administrative 

6 and real estate transfer costs incurred by the Sec7 retary in carrying out the conveyance; and 

(2) 1 8 ⁄2 of any necessary and reasonable costs as9 sociated with complying with—

10 (A) the National Environmental Policy Act 

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

12 (B) the Endangered Species Act of 1973 (16 

13 U.S.C. 1531 et seq.); and 

14 (C)(i) the National Historic Preservation 

15 Act (16 U.S.C. 470 et seq.); and 

16 (ii) any other Federal cultural resource 

17 laws. 

18 (e) COMPLIANCE WITH ENVIRONMENTAL LAWS.—

19 (1) IN GENERAL.—Before conveying land and fa20 cilities under subsections (a) and (b), the Secretary 

21 shall comply with all applicable requirements 

22 under—

23 (A) the National Environmental Policy Act 

24 of 1969 (42 U.S.C. 4321 et seq.); 
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1 (B) the Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.); and 

3 (C) any other law applicable to the land 

4 and facilities. 

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

6 alters any obligations under—

7 (A) the National Environmental Policy Act 

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

9 (B) the Endangered Species Act of 1973 (16 

10 U.S.C. 1531 et seq.). 

11 SEC. 4. EXISTING CONTRACTS. 

12 (a) DEER CREEK DIVISION CONSTRUCTION CON13 TRACT.—Notwithstanding the conveyances under sub14 sections (a) and (b)(1) of section 3, any portion of the Deer 

15 Creek Division, Provo River Project, Utah, that is not con16 veyed under that section shall continue to be operated and 

17 maintained by the Association, in accordance with the con18 tract numbered I1r–874, dated June 27, 1936, and entitled 

19 the ‘‘Contract Between the United States and Provo River 

20 Water Users Association Providing for the Construction of 

21 the Deer Creek Division of the Provo River Project, Utah’’. 

22 (b) PROVO RIVER PROJECT AND JORDAN AQUEDUCT

23 SYSTEM CONTRACTS.—Any written contract of the United 

24 States in existence on the date of enactment of this Act re25 lating to the operation and maintenance of any division 
18

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1 or facility of the Provo River Project or the Jordan Aque2 duct System is confirmed and declared to be a valid con3 tract of the United States that is enforceable in accordance 

4 with the express terms of the contract. 

5 (c) USE OF CENTRAL UTAH PROJECT WATER.—

6 (1) IN GENERAL.—Subject to paragraph (2), any 

7 entity with contractual Provo Reservoir Canal or Salt 

8 Lake Aqueduct capacity rights in existence on the 

9 date of enactment of this Act may, in addition to the 

10 uses described in the existing contracts, use the capac11 ity rights, without additional charge or further ap12 proval from the Secretary, to transport Central Utah 

13 Project water on behalf of the entity or others. 

14 (2) LIMITATIONS.—An entity shall not use the 

15 capacity rights to transport Central Utah Project 

16 water under paragraph (1) unless—

17 (A) the use is expressly authorized by the 

18 entity responsible for operation and maintenance 

19 of the Central Utah Project water facility; and 

20 (B) carrying Central Utah Project water 

21 through Provo River Project facilities would 

22 not— 

23 (i) materially impair the ability of the 

24 Central Utah Water Conservancy District 

25 or the Secretary to meet existing express en-
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1 vironmental commitments for the Bonne2 ville Unit; or 

3 (ii) require the release of additional 

4 Central Utah Project water to meet those 

5 environmental commitments. 

6 (d) AUTHORIZED MODIFICATIONS.—The Agreement 

7 may provide for—

8 (1) the modification of the 1936 Repayment Con9 tract for the Deer Creek Division of the Provo River 

10 Project to reflect the partial prepayment, the adjust11 ment of the annual repayment amount, and the 

12 transfer of the Provo Reservoir Canal and the Pleas13 ant Grove Property; and 

14 (2) the modification or termination of the 1938 

15 Repayment Contract for the Aqueduct Division of the 

16 Provo River Project to reflect the complete payout and 

17 transfer of all facilities of the Aqueduct Divsion. 

18 (e) EFFECT OF ACT.—Nothing in this Act impairs any 

19 contract (including subscription contracts) in effect on the 

20 date of enactment of this Act that allows for or creates a 

21 right to convey water through the Provo Reservoir Canal. 

22 SEC. 5. EFFECT OF CONVEYANCE. 

23 On conveyance of any land or facility under subsection 

24 (a) or (b)(1) of section 3—
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1 (1) the land and facilities shall no longer be part 

2 of a Federal reclamation project; 

3 (2) the Association and the District shall not be 

4 entitled to receive any future reclamation benefits 

5 with respect to the land and facilities, except for bene6 fits that would be available to other nonreclamation 

7 facilities; and 

8 (3) the United States shall not be liable for dam9 ages arising out of any act, omission, or occurrence 

10 relating to the land and facilities, but shall continue 

11 to be liable for damages caused by acts of negligence 

12 committed by the United States or by any employee 

13 or agent of the United States before the date of con14 veyance, consistent with chapter 171 of title 28, 

15 United States Code. 

16 SEC. 6. REPORT. 

17 If a conveyance required under subsection (a) or (b)(1) 

18 of section 3 is not completed by the date that is 18 months 

19 after the date of enactment of this Act, the Secretary shall 

20 submit to Congress a report that—

21 (1) describes the status of the conveyance; 

22 (2) describes any obstacles to completing the con23 veyance; and 

24 (3) specifies an anticipated date for completion 

25 of the conveyance.

Calendar No. 724

108TH CONGRESS 

2D SESSION S. 1876

[Report No. 108–365] 

A BILL

To authorize the Secretary of the Interior to convey 

Project. certain lands and facilities of the Provo River 

SEPTEMBER 28, 2004

Reported with an amendment