I
104TH CONGRESS
2D SESSION
H. R. 3258
To direct the Secretary of the Interior to convey certain real property located
within the Carlsbad Project in New Mexico to Carlsbad Irrigation District.
IN THE HOUSE OF REPRESENTATIVES
APRIL 17, 1996
Mr. SKEEN introduced the following bill; which was referred to the Committee
on Resources
A BILL
To direct the Secretary of the Interior to convey certain
real property located within the Carlsbad Project in New
Mexico to Carlsbad Irrigation District.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CONVEYANCE.
(a) REQUIREMENT.—
(1) IN GENERAL.—The Secretary of the Inte-
rior shall, without consideration and subject to para-
graph (2), convey all right, title, and interest of the
United States in and to the lands described in sub-
section (b) (in this Act referred to as the ‘‘Acquired
Lands’’) to the Carlsbad Irrigation District (a quasi-
municipal corporation formed under the laws of the
State of New Mexico; in this Act referred to as the
‘‘District’’), by not later than 90 days after the date
of the enactment of this Act.
(2) LIMITATION.—In the case of land on which
is located any dam, reservoir high water elevation,
canal, or head gate, the Secretary shall convey under
this subsection only the right, title, and interest of
the United States in and to the mineral estate.
(b) ACQUIRED LANDS DESCRIBED.—The lands re-
ferred to in subsection (a) are those lands (including the
surface and mineral estate) in Eddy County, New Mexico,
described as the Acquired Lands in section 7 of the Bu-
reau of Reclamation’s 1978 ‘‘Status of Lands and Title
Report’’.
(c) TERMS AND CONDITIONS OF CONVEYANCE.—Any
conveyance of the Acquired Lands under this Act shall be
subject to the following terms and conditions:
(1) After conveyance under this Act, the Ac-
quired Lands shall continue to be managed and used
by the District for purposes for which the Carlsbad
Project was authorized and those uses allowed under
the Federal reclamation laws (the Act of June 17,
1902 (32 Stat. 388), and Acts supplementary there-
to and amendatory thereof).
(2) Upon conveyance of the Acquired Lands
under this Act, the District is obligated to fulfill the
duties and obligations of the United States under
the lease dated December 15, 1983, between the Bu-
reau of Reclamation and the Director, New Mexico
Department of Game of Fish (Document No. 4–
LM–57–02900), relating to management of certain
lands near Brantley Reservoir for fish and wildlife
purposes.
(d) NATIONAL ENVIRONMENTAL POLICY ACT
OF
1969.—Conveyance of the Acquired Lands under this Act
does not constitute a major Federal action for purposes
of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 2. LEASE MANAGEMENT AND PAST REVENUES COL-
LECTED FROM THE ACQUIRED LANDS.
(a) IDENTIFICATION AND NOTIFICATION OF LEASE-
HOLDERS.—Within 45 days after the date of enactment
of this Act, the Secretary of the Interior shall provide a
written identification of all oil and gas leases on the Ac-
quired Lands in effect on the date of enactment of this
Act. The Secretary of the Interior shall notify all lease-
holders of the changes required by this Act before imple-
menting this Act.
(b) MANAGEMENT OF LEASES.—The District, upon
conveyance of the Acquired Lands under this Act, shall
be entitled to immediately assume the management of all
leases on the Acquired Lands, including leases entered
into before the date of the enactment of this Act, and shall
be entitled to any revenues from such leases accruing after
the date of such conveyance.
(c) 
AVAILABILITY
OF
AMOUNTS
PAID
INTO
RECLAMATON FUND.—Revenues collected before the date
of the conveyance of the Acquired Lands under this Act
from the Acquired Lands which have been paid into the
reclamation fund on behalf of the Carlsbad Project under
the Mineral Leasing Act, shall be made immediately avail-
able to the District under the distribution scheme set forth
in subsection I of section 4 of the Act of December 5,
1924 (43 U.S.C. 501; commonly referred to as the ‘‘Fact
Finders Act of 1924’’).
Æ