Big Sand Wash Project Title Transfer Act

To authorize the Secretary of the Interior to convey certain lands and facilities of the Big Sand Wash Project, Utah. 1. Short title This Act may be cited as the Big Sand Wash Project Title Transfer Act 2. Definitions In this Act: (1) Acquired lands The term Acquired Lands (2) Association The term Association (3) Big sand wash facilities The term Big Sand Wash Facilities (A) means the following features that are part of the Uinta Basin Replacement Project authorized by the Central Utah Project Completion Act ( Public Law 102–575 (i) the Big Sand Wash Dam, including the enlarged reservoir and outlet works; (ii) the Feeder Pipeline; (iii) the Feeder Diversion; (iv) the Roosevelt Pipeline; and (v) the Big Sand Wash Facilities; and (B) does not include— (i) the Moon Lake Dam and Reservoir; and (ii) the modified outlet works. (4) District The term District (5) Duchesne county The term Duchesne County (6) Federal lands The term Federal Lands (7) Feeder diversion The term Feeder Diversion (8) Feeder pipeline The term Feeder Pipeline (9) Roosevelt pipeline The term Roosevelt Pipeline (10) Secretary The term Secretary (11) Uinta basin replacement project The term Uinta Basin Replacement Project 3. Conveyance of facilities and land (a) In general Subject to subsection (b) and in consideration of the District assuming from the United States all liability for administration, operation, and maintenance of the Big Sand Wash Facilities, the Secretary shall convey to the District all right, title, and interest of the United States in and to the Acquired Lands, the Federal Lands, and the Big Sand Wash Facilities in existence on the date of the enactment of this Act. (b) Conditions The conveyance under subsection (a) shall not be completed until all of the following occur: (1) The District pays to the Secretary the net present value of the remaining repayment obligations identified in the Water Service Contract, Supplement No. 2, Contract No. 14–06–400–4286 and Block Notice Number UBRP1, as determined by Office of Management and Budget Circular A–129 (in effect on the date of the enactment of this Act). Such prepayment shall not affect the contract to deliver water between the District and Duchesne County and shall remedy all outstanding issues relating to the District’s expenditure of Federal funds for land acquisition. (2) The Association, the District, and Duchesne County enter into an agreement, only as mutually deemed necessary by the Parties, reflecting as much as possible the existing operating agreement, Agreement No. 01–07–40–R7020 dated November 15, 2001, that provides for the future operation of and delivery of water from the Big Sand Wash Facilities. (3) The Association and the District enter into an agreement to convey Acquired Lands, Federal Lands, the Feeder Diversion, and the Feeder Pipeline to the Association. (4) The Association and the District enter into an agreement that ensures the minimum stream flow requirements contained in the Final Environmental Assessment, section 203(a), Uinta Basin Replacement Project, dated October 2001. (5) The District and the United States enter into an agreement that ensures the minimum stream flow requirements contained in the Final Environmental Assessment, section 203(a), Uinta Basin Replacement Project, dated October 2001. (6) The District enters into an agreement to convey Acquired Lands and Federal Lands to the Utah Department of Transportation. (7) The District enters into an agreement to convey the Roosevelt Pipeline to Duchesne County. (c) Prepayment authority The District is hereby granted authority to prepay, at net present value as determined by Office of Management and Budget Circular A–129 (as in effect on the date of the enactment of this Act), all irrigation block notices associated with the Bonneville Unit of the Central Utah Project. (d) Payment of costs The District shall pay any necessary and reasonable administrative and real estate transfer costs incurred by the Secretary in carrying out the conveyance authorized by subsection (a). (e) Compliance with environmental laws (1) In general Before conveying land and facilities under subsection (a), the Secretary shall comply with all applicable requirements under— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (C) any other law applicable to the land and facilities. (2) Effect Nothing in this Act modifies or alters any obligations under— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 4. Relationship to Uinta Basin Replacement Project After the conveyance authorized under section 3(a), the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the Big Sand Wash Facilities, Acquired Lands, and Federal Lands, except for damages caused by acts of negligence committed by the United States or by any employee or agent of the United States before the date of the conveyance, consistent with chapter 171 5. Report If the conveyance authorized by section 3(a) is not completed by the date that is 12 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report that— (1) describes the status of the conveyance; (2) describes any obstacles to completing the conveyance; and (3) specifies an anticipated date for completion of the conveyance.

Summary: Big Sand Wash Project Title Transfer Act This bill directs the Department of the Interior to convey to the Central Utah Water Conservancy District in Utah certain acquired lands, certain federal lands, and certain existing Big Sand Wash facilities. The bill requires that specified actions must be taken by the District, the Moon Lake Water Users Association, Duchesne County, Utah, and the federal government before such conveyance is completed. The bill grants the District the authority to prepay, at net present value, all irrigation block notices associated with the Bonneville Unit of the Central Utah Project. The bill shields the United States, after conveyance, from liability for damages arising out of any act, omission, or occurrence relating to the facilities, the acquired lands, and the federal lands, except for damages caused by acts of negligence committed by any U.S. employee or agent before the conveyance, consistent with the Federal Tort Claims Act.