Pilot Butte Power Plant Conveyance Act

Subjects: Water Resources Development


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1662 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1662

   To direct the Secretary of the Interior to convey to the Midvale 
    Irrigation District the Pilot Butte Power Plant in the State of 
                    Wyoming, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2023

  Mr. Barrasso (for himself and Ms. Lummis) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of the Interior to convey to the Midvale 
    Irrigation District the Pilot Butte Power Plant in the State of 
                    Wyoming, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pilot Butte Power Plant Conveyance 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the agreement 
        entered into under section 3(a).
            (2) District.--The term ``District'' means the Midvale 
        Irrigation District located in Pavillion, Wyoming.
            (3) Power plant.--The term ``Power Plant'' means the Pilot 
        Butte Power Plant and other appurtenant facilities in the State 
        of Wyoming authorized under the Act of March 2, 1917 (39 Stat. 
        969, chapter 146), transferred to the jurisdiction of the 
        Bureau of Reclamation under the Act of June 5, 1920 (41 Stat. 
        874, chapter 235), and incorporated into the Riverton Unit of 
        the Pick-Sloan Missouri Basin Program under Public Law 91-409 
        (84 Stat. 861), including the underlying land.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.

SEC. 3. AGREEMENT, CONVEYANCE, AND REPORT.

    (a) Agreement.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall enter into good faith negotiations 
with the District to enter into an agreement to determine the legal, 
institutional, and financial terms for the conveyance of the Power 
Plant from the Secretary to the District.
    (b) Conveyance.--
            (1) In general.--In consideration for the District assuming 
        from the United States all liability for the administration, 
        operation, maintenance, and replacement of the Power Plant, the 
        Secretary shall offer to convey and assign to the District all 
        right, title, and interest of the United States in and to the 
        Power Plant--
                    (A) subject to valid leases, permits, rights-of-
                way, easements, and other existing rights; and
                    (B) in accordance with--
                            (i) the terms and conditions described in 
                        the Agreement; and
                            (ii) this Act.
            (2) Status of land.--Effective on the date of the 
        conveyance of the Power Plant to the District under paragraph 
        (1), the Power Plant shall not be considered to be a part of a 
        Federal reclamation project.
    (c) Report.--If the conveyance authorized under subsection (b)(1) 
is not completed by the date that is 1 year after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Natural Resources 
of the House of Representatives a report that describes--
            (1) the status of the conveyance under that subsection;
            (2) any obstacles to completing the conveyance under that 
        subsection; and
            (3) an anticipated date for the completion of the 
        conveyance under that subsection.

SEC. 4. LIABILITY.

    (a) Damages.--Except as otherwise provided by law and for damages 
caused by acts of negligence committed by the United States or by 
employees or agents of the United States, effective on the date of the 
conveyance of the Power Plant to the District under section 3(b)(1), 
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 
the Power Plant.
    (b) Torts Claims.--Nothing in this section increases the liability 
of the United States beyond that provided in chapter 171 of title 28, 
United States Code (commonly known as the ``Federal Tort Claims Act'').

SEC. 5. COMPLIANCE WITH OTHER LAWS.

    (a) Compliance With Environmental and Historic Preservation Laws.--
Before making the conveyance authorized under section 3(b)(1), the 
Secretary shall complete all actions required under--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);
            (3) subtitle III of title 54, United States Code; and
            (4) any other applicable laws.
    (b) Compliance by the District.--Effective on the date of the 
conveyance of the Power Plant to the District under section 3(b)(1), 
the District shall comply with all applicable Federal, State, and local 
laws (including regulations) with respect to the operation of the Power 
Plant.

SEC. 6. PAYMENT OF COSTS.

    (a) Administrative Costs.--Administrative costs for the conveyance 
of the Power Plant to the District under section 3(b)(1) shall be paid 
in equal shares by the Secretary and the District.
    (b) Real Estate Transfer Costs.--The costs of all boundary surveys, 
title searches, cadastral surveys, appraisals, and other real estate 
transactions required for the conveyance of the Power Plant to the 
District under section 3(b)(1) shall be paid in equal shares by the 
Secretary and the District.
    (c) Costs of Compliance With Other Laws.--The costs associated with 
any review required under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), subtitle III of title 54, United States Code, or any 
other applicable laws for conveyance of the Power Plant to the District 
under section 3(b)(1) shall be paid in equal shares by the Secretary 
and the District.
                                 &lt;all&gt;
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