and the District shall, in accordance with the Agreement,
pay the Secretary—
(1) any necessary and reasonable administrative
and real estate transfer costs incurred by the Sec-
retary in carrying out the conveyance; and
(2) 1⁄2 of any necessary and reasonable costs
associated with complying with—
(A) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); and
(C)(i) the National Historic Preservation
Act (16 U.S.C. 470 et seq.); and
(ii) any other Federal cultural resource
laws.
(e) COMPLIANCE WITH ENVIRONMENTAL LAWS.—
(1) IN GENERAL.—Before conveying land and
facilities under subsections (a) and (b), the Sec-
retary shall comply with all applicable requirements
under—
(A) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); and
(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 et seq.); or
(B) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
SEC. 4. EXISTING CONTRACTS.
(a) DEER CREEK DIVISION CONSTRUCTION CON-
TRACT.—Notwithstanding the conveyances under sub-
sections (a) and (b)(1) of section 3, and subject to the
terms of the Agreement any portion of the Deer Creek
Division, Provo River Project, Utah, that is not conveyed
under that section shall continue to be operated and main-
tained by the Association, in accordance with the contract
numbered I1r–874, dated June 27, 1936, and entitled 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’’.
(b) PROVO RIVER PROJECT AND JORDAN AQUEDUCT
SYSTEM CONTRACTS.—Subject to the terms of the Agree-
ment, any written contract of the United States in exist-
ence on the date of enactment of this Act relating to the
operation and maintenance of any division or facility of
the Provo River Project or the Jordan Aqueduct System
is confirmed and declared to be a valid contract of the
United States that is enforceable in accordance with the
express terms of the contract.
(c) USE OF CENTRAL UTAH PROJECT WATER.—
(1) IN GENERAL.—Subject to paragraph (2),
any entity with contractual Provo Reservoir Canal or
Salt Lake Aqueduct capacity rights in existence on
the date of enactment of this Act may, in addition
to the uses described in the existing contracts, use
the capacity rights, without additional charge or fur-
ther approval from the Secretary, to transport Cen-
tral Utah Project water on behalf of the entity or
others.
(2) LIMITATIONS.—An entity shall not use the
capacity rights to transport Central Utah Project
water under paragraph (1) unless—
(A) the transport of the water is expressly
authorized by the Central Utah Water Conser-
vancy District;
(B) the use of the water facility to trans-
port the Central Utah Project water is ex-
pressly authorized by the entity responsible for
operation and maintenance of the facility; and
(C) carrying Central Utah Project water
through Provo River Project facilities would
not—
(i) materially impair the ability of the
Central Utah Water Conservancy District
or the Secretary to meet existing express
environmental commitments for the Bonne-
ville Unit; or
(ii) require the release of additional
Central Utah Project water to meet those
environmental commitments.
(d) AUTHORIZED MODIFICATIONS.—The Agreement
may provide for—
(1) the modification of the 1936 Repayment
Contract for the Deer Creek Division of the Provo
River Project to reflect the partial prepayment, the
adjustment of the annual repayment amount, and
the transfer of the Provo Reservoir Canal and the
Pleasant Grove Property; and
(2) the modification or termination of the 1938
Repayment Contract for the Aqueduct Division of
the Provo River Project to reflect the complete pay-
out and transfer of all facilities of the Aqueduct
Divsion.
(e) EFFECT OF ACT.—Nothing in this Act impairs
any contract (including subscription contracts) in effect
on the date of enactment of this Act that allows for or
creates a right to convey water through the Provo Res-
ervoir Canal.
SEC. 5. EFFECT OF CONVEYANCE.
On conveyance of any land or facility under sub-
section (a) or (b)(1) of section 3—
(1) the land and facilities shall no longer be
part of a Federal reclamation project;
(2) the Association and the District shall not be
entitled to receive any future reclamation benefits
with respect to the land and facilities, except for
benefits that would be available to other nonreclama-
tion facilities; and
(3) the United States shall not be liable for
damages arising out of any act, omission, or occur-
rence relating to the land and facilities, but shall
continue to be liable 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 conveyance, consistent with chapter 171 of
title 28, United States Code.
SEC. 6. REPORT.
If a conveyance required under subsection (a) or
(b)(1) of section 3 is not completed by the date that is
18 months after the date of 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.
Passed the House of Representatives October 4,
2004.
Attest:
Clerk.