I 
108TH CONGRESS 
1ST SESSION H. R. 3391
To authorize the Secretary of the Interior to convey certain lands and facilities 
of the Provo River Project. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 29, 2003
Mr. CANNON (for himself, Mr. BISHOP of Utah, and Mr. MATHESON) intro-
duced the following bill; which was referred to the Committee on Re-
sources 
A BILL 
To authorize the Secretary of the Interior to convey certain 
lands and facilities of the Provo River Project.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Provo River Project 
Transfer Act’’. 
SEC. 2. DEFINITIONS. 
For purposes of this Act: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior.
(2) RECLAMATION.—The term ‘‘Reclamation’’ 
means the Bureau of Reclamation. 
(3) ASSOCIATION.—The term ‘‘Association’’ 
means the Provo River Water Users Association, a 
nonprofit corporation organized and existing under 
the laws of the State of Utah. 
(4) DISTRICT.—The term ‘‘District’’ means the 
Metropolitan Water District of Salt Lake & Sandy, 
a political subdivision of the State of Utah. 
(5) PROVO
RESERVOIR
CANAL.—The term 
‘‘Provo Reservoir Canal’’ means the canal, and asso-
ciated lands, rights-of-way, and facilities acquired, 
constructed, or improved by the United States as 
part of the Provo River Project, Deer Creek Divi-
sion, extending from, and including, the Murdock 
Diversion Dam at the mouth of Provo Canyon, 
Utah, to and including the Provo Reservoir Canal 
Siphon and Penstock. 
(6) PLEASANT
GROVE
PROPERTY.—The term 
‘‘Pleasant Grove Property’’ means a 3.79-acre parcel 
of land acquired by the United States for the Provo 
River Project, Deer Creek Division, located at ap-
proximately 285 West 1100 North, Pleasant Grove, 
Utah, including the office building and shop complex 
constructed by the Association.
(7) SALT LAKE AQUEDUCT.—The term ‘‘Salt 
Lake Aqueduct’’ means the aqueduct and associated 
lands, rights-of-way, and facilities acquired, con-
structed or improved by the United States as part 
of the Provo River Project, Aqueduct Division, ex-
tending from, and including, the Salt Lake Aqueduct 
Intake at the base of Deer Creek Dam to and in-
cluding the Terminal Reservoir located at 3300 
South and I–215 in Salt Lake City, Utah. 
(8) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means Contract No. lllllllll, dated 
lllllllll, 
and 
entitled 
‘‘Agreement 
Among the United States, the Provo River Water 
Users Association and the Metropolitan Water Dis-
trict of Salt Lake & Sandy to Transfer Title to Cer-
tain Lands and Facilities of the Provo River 
Project’’. 
SEC. 3. TRANSFER. 
(a) PROVO RESERVOIR CANAL.—The Secretary shall 
convey to the Association, pursuant to the terms and con-
ditions of the Agreement, all right, title, and interest of 
the United States in and to the Provo Reservoir Canal, 
as it exists on the date of enactment of this Act and as 
generally depicted on the Map marked Exhibit A attached 
to the Agreement, when the Association has certified to
pursuant to the Contract Between the United States and 
Provo River Water Users Association Providing for the 
Construction of the Deer Creek Division of the Provo 
River Project, Utah, Contract No. Ilr–874, dated June 27, 
1936, including any amendments or supplements thereto 
or extensions thereof. This Act shall not be construed to 
impair any existing contracts, including subscription con-
tracts, that allow for or create a right to convey water 
through the Provo Reservoir Canal. 
SEC. 5. REPORT. 
If conveyance of any of the lands and facilities re-
quired by this Act and described in the Agreement is not 
completed within 18 months following the date of enact-
ment of this Act, the Secretary shall submit a report to 
the Congress that describes the status of the conveyance, 
any obstacles to completion of the conveyance, and an an-
ticipated date for completion of the conveyance. 
SEC. 6. COSTS. 
(a) IN GENERAL.—The Secretary shall require, as a 
condition of the conveyance under section 3, that the Asso-
ciation and the District pay or contribute to administra-
tive costs, real estate transfer costs, and the costs associ-
ated with compliance with the National Environmental 
Policy Act of 1969, the Endangered Species Act of 1973,
the National Historic Preservation Act, and other Federal 
cultural resource laws, all as described in the Agreement. 
(b) VALUE OF FACILITIES TO BE TRANSFERRED.—
(1) PAYMENT BY ASSOCIATION.—In addition to 
subsection (a), the Secretary shall also require, as a 
condition of the conveyance under section 3(a), that 
the Association pay to the United States the net 
present value of the Provo Reservoir Canal and the 
Pleasant Grove Property, as described in the Agree-
ment: Provided, however, That the Association may 
deduct from the net present value such sums as are 
required to accomplish the reimbursement described 
in the Contributed Funds Act Agreement. 
(2) PAYMENT
BY
DISTRICT.—In addition to 
subsection (a) the Secretary shall also require, as a 
condition of the conveyance under section 3(b), that 
the District pay the United States the net present 
value of the Salt Lake Aqueduct, as described in the 
Agreement: Provided, however, That the District 
may deduct from the net present value such sums as 
are required to accomplish the reimbursement de-
scribed in the Contributed Funds Act Agreement. 
SEC. 7. NATIONAL ENVIRONMENTAL POLICY ACT. 
Prior to any conveyance under this Act, the Secretary 
shall complete all actions required under the National En-
vironmental Policy Act of 1969 (72 U.S.C. 4321 et seq.), 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), and all other applicable laws. 
SEC. 8. LIABILITY. 
Effective on the date of the conveyance required by 
this Act, the United States shall not be held liable by any 
court for damages of any kind arising out of any act, omis-
sion, or occurrence relating to the transferred lands and 
facilities, except for damages caused by acts of negligence 
committed by the United States or by its employees or 
agents prior to the date of conveyance. Nothing in this 
section shall be considered to increase the liability of the 
United States beyond that currently provided in chapter 
171 of title 28, United States Code, popularly known as 
the ‘‘Federal Tort Claims Act’’. 
SEC. 9. FUTURE BENEFITS. 
Upon conveyance of the lands and facilities by the 
Secretary under this Act, the transferred facilities and 
lands shall no longer be part of a Federal reclamation 
project and the Association and the District shall not be 
entitled to receive any future reclamation benefits with re-
spect to the transferred facilities and lands, except those 
benefits that would be available to other nonreclamation 
facilities.
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