II
105TH CONGRESS
1ST SESSION
H. R. 412
IN THE SENATE OF THE UNITED STATES
MARCH 19, 1997
Received
AN ACT
To approve a settlement agreement between the Bureau of
Reclamation and the Oroville-Tonasket Irrigation District.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 412 RDS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Oroville-Tonasket
Claim Settlement and Conveyance Act’’.
SEC. 2. PURPOSES.
The purposes of this Act are to authorize the Sec-
retary of the Interior to implement the provisions of the
negotiated Settlement Agreement including conveyance of
the Project Irrigation Works, identified as not having na-
tional importance, to the District, and for other purposes.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) The term ‘‘Reclamation’’ means the United
States Bureau of Reclamation.
(3) The term ‘‘District’’ or ‘‘Oroville-Tonasket
Irrigation District’’ means the project beneficiary or-
ganized and operating under the laws of the State
of Washington, which is the operating and repay-
ment entity for the Project.
(4) The term ‘‘Project’’ means the Oroville-
Tonasket unit extension, Okanogan-Similkameen di-
vision, Chief Joseph Dam Project, Washington, con-
structed and rehabilitated by the United States
under the Act of September 28, 1976 (Public Law
94–423, 90 Stat. 1324), previously authorized and
HR 412 RDS
constructed under the Act of October 9, 1962 (Pub-
lic Law 87–762, 76 Stat. 761), under the Federal
reclamation laws (including the Act of June 17,
1902 (ch. 1093, 32 Stat. 388), and Acts supple-
mentary thereto or amendatory thereof).
(5) The term ‘‘Project Irrigation Works’’
means—
(A) those works actually in existence and
described in subarticle 3(a) of the Repayment
Contract, excluding Wildlife Mitigation Facili-
ties, and depicted on the maps held by the Dis-
trict and Reclamation, consisting of the realty
with improvements and real estate interests;
(B) all equipment, parts, inventories, and
tools associated with the Project Irrigation
Works realty and improvements and currently
in the District’s possession; and
(C) all third party agreements.
(6)(A) The term ‘‘Basic Contract’’ means Re-
payment Contract No. 14–06–100–4442, dated De-
cember 26, 1964, as amended and supplemented, be-
tween the United States and the District;
(B) the term ‘‘Repayment Contract’’ means Re-
payment Contract No. 00–7–10–W0242, dated No-
HR 412 RDS
vember 28, 1979, as amended and supplemented, be-
tween the United States and the District; and
(C) the term ‘‘third party agreements’’ means
existing contractual duties, obligations, and respon-
sibilities that exist because of all leases, licenses, and
easements with third-parties related to the Project
Irrigation Works, or the lands or rights-of-way for
the Project Irrigation Works, but excepting power
arrangements with the Bonneville Power Adminis-
tration.
(7) The term ‘‘Wildlife Mitigation Facilities’’
means—
(A) land, improvements, or easements, or
any combination thereof, secured for access to
such lands, acquired by the United States
under the Fish and Wildlife Coordination Act
(16 U.S.C. 661–667e); and
(B) all third party agreements associated
with the land, improvements, or easements re-
ferred to in subparagraph (A).
(8) The term ‘‘Indian Trust Lands’’ means ap-
proximately 61 acres of lands identified on land clas-
sification maps on file with the District and Rec-
lamation beneficially owned by the Confederated
Tribes of the Colville Reservation (Colville Tribes) or
HR 412 RDS
by individual Indians, and held in trust by the Unit-
ed States for the benefit of the Colville Tribes in ac-
cordance with the Executive Order of April 9, 1872.
(9) The term ‘‘Settlement Agreement’’ means
the Agreement made and entered on April 15, 1996,
between the United States of America acting
through the Regional Director, Pacific Northwest
Region, Bureau of Reclamation, and the Oroville-
Tonasket Irrigation District.
(10) The term ‘‘operations and maintenance’’
means normal and reasonable care, control, oper-
ation, repair, replacement, and maintenance.
SEC. 4. AGREEMENT AUTHORIZATION.
The Settlement Agreement is approved and the Sec-
retary of the Interior is authorized to conduct all nec-
essary and appropriate investigations, studies, and re-
quired Federal actions to implement the Settlement
Agreement.
SEC. 5. CONSIDERATION AND SATISFACTION OF OUT-
STANDING OBLIGATIONS.
(a) CONSIDERATION TO UNITED STATES.—Consider-
ation by the District to the United States in accordance
with the Settlement Agreement approved by this Act shall
be—
HR 412 RDS
(1) payment of $350,000 by the District to the
United States;
(2) assumption by the District of full liability
and responsibility and release of the United States
of all further responsibility, obligations, and liability
for removing irrigation facilities constructed and re-
habilitated by the United States under the Act of
October 9, 1962 (Public Law 87–762, 76 Stat. 761),
or referenced in section 201 of the Act of September
28, 1976 (Public Law 94–423, 90 Stat. 1324), and
identified in Article 3(a)(8) of the Repayment Con-
tract;
(3) assumption by the District of sole and abso-
lute responsibility for the operations and mainte-
nance of the Project Irrigation Works;
(4) release and discharge by the District as to
the United States from all past and future claims,
whether now known or unknown, arising from or in
any way related to the Project, including any arising
from the Project Irrigation Works constructed pur-
suant to the 1964 Basic Contract or the 1979 Re-
payment Contract;
(5) assumption by the District of full respon-
sibility to indemnify and defend the United States
against any third party claims associated with any
HR 412 RDS
aspect of the Project, except for that claim known
as the Grillo Claim, government contractor construc-
tion claims accruing at any time, and any other suits
or claims filed as of the date of the Settlement
Agreement; and
(6) continued obligation by the District to de-
liver water to and provide for operations and mainte-
nance of the Wildlife Mitigation Facilities at its own
expense in accordance with the Settlement Agree-
ment.
(b) RESPONSIBILITIES OF UNITED STATES.—In re-
turn the United States shall—
(1) release and discharge the District’s obliga-
tion, including any delinquent or accrued payments,
or assessments of any nature under the 1979 Repay-
ment Contract, including the unpaid obligation of
the 1964 Basic Contract;
(2) transfer title of the Project Irrigation
Works to the District;
(3) assign to the District all third party agree-
ments associated with the Project Irrigation Works;
(4) continue power deliveries provided under
section 6 of this Act; and
(5) assume full responsibility to indemnify and
defend the District against any claim known as the
HR 412 RDS
Grillo Claim, government contractor construction
claims accruing at any time, and any other suits or
claims filed against the United States as of the date
of the Settlement Agreement.
(c) PROJECT CONSTRUCTION COSTS.—The transfer
of title authorized by this Act shall not affect the timing
or amount of the obligation of the Bonneville Power Ad-
ministration for the repayment of construction costs in-
curred by the Federal government under section 202 of
the Act of September 28, 1976 (90 Stat. 1324, 1326) that
the Secretary of the Interior has determined to be beyond
the ability of the irrigators to pay. The obligation shall
remain charged to, and be returned to the Reclamation
Fund as provided for in section 2 of the Act of June 14,
1966 (80 Stat. 200) as amended by section 6 of the Act
of September 7, 1966 (80 Stat. 707, 714).
SEC. 6. POWER.
Nothing in this Act shall be construed as having any
affect on power arrangements under Public Law 94–423
(90 Stat. 1324). The United States shall continue to pro-
vide to the District power and energy for irrigation water
pumping for the Project, including Dairy Point Pumping
Plant. However, the amount and term of reserved power
shall not exceed, respectively—
(1) 27,100,000 kilowatt hours per year; and
HR 412 RDS
(2) 50 years commencing October 18, 1990.
The rate that the District shall pay the Secretary for such
reserved power shall continue to reflect full recovery of
Bonneville Power Administration transmission costs.
SEC. 7. CONVEYANCE.
(a) CONVEYANCE
OF
INTERESTS
OF
UNITED
STATES.—Subject to valid existing rights, the Secretary
is authorized to convey all right, title, and interest, with-
out warranties, of the United States in and to all Project
Irrigation Works to the District. In the event a significant
cultural resource or hazardous waste site is identified, the
Secretary is authorized to defer or delay transfer of title
to any parcel until required Federal action is completed.
(b) RETENTION OF TITLE TO WILDLIFE MITIGATION
FACILITIES.—The Secretary will retain title to the Wild-
life Mitigation Facilities. The District shall remain obli-
gated to deliver water to and provide for the operations
and maintenance of the Wildlife Mitigation Facilities at
its own expense in accordance with the Settlement Agree-
ment.
(c) RESERVATION.—The transfer of rights and inter-
ests pursuant to subsection (a) shall reserve to the United
States all oil, gas, and other mineral deposits and a per-
petual right to existing public access open to public fish-
HR 412 RDS
ing, hunting, and other outdoor recreation purposes, and
such other existing public uses.
SEC. 8. REPAYMENT CONTRACT.
Upon conveyance of title to the Project Irrigation
Works notwithstanding any parcels delayed in accordance
with section 7(a), the 1964 Basic Contract, and the 1979
Repayment Contract between the District and Reclama-
tion, shall be terminated and of no further force or effect.
SEC. 9. INDIAN TRUST RESPONSIBILITIES.
The District shall remain obligated to deliver water
under appropriate water service contracts to Indian Trust
Lands upon request from the owners or lessees of such
land.
SEC. 10. LIABILITY.
Upon completion of the conveyance of Project Irriga-
tion Works under this Act, the District shall—
(1) be liable for all acts or omissions relating to
the operation and use of the Project Irrigation
Works that occur before or after the conveyance ex-
cept for the Grillo Claim, government contractor
construction claims accruing at any time, and any
other suits or claims filed as of the date of the Set-
tlement Agreement;
(2) absolve the United States and its officers
and agents of responsibility and liability for the de-
HR 412 RDS
sign and construction including latent defects associ-
ated with the Project; and
(3) assume responsibility to indemnify and de-
fend the United States against all claims whether
now known or unknown and including those of third
party claims associated with, arising from, or in any
way related to, the Project except for the Grillo
Claim, government contractor construction claims
accruing at any time, and any other suits or claims
filed as of the date of the Settlement Agreement.
SEC. 11. CERTAIN ACTS NOT APPLICABLE AND TERMI-
NATION OF MANDATES.
(a) RECLAMATION LAWS.—All mandates imposed by
the Reclamation Act of 1902, and all Acts supplementary
thereto or amendatory thereof, including the Reclamation
Reform Act of 1982, upon the Project Irrigation Works
shall be terminated upon the completion of the transfers
as provided by this Act and the Settlement Agreement.
(b) RELATIONSHIP TO OTHER LAWS.—The transfer
of title authorized by this Act shall not—
(1) be subject to the provisions of chapter 5 of
title 5, United States Code (commonly known as the
‘‘Administrative Procedure Act’’); or
(2) be considered a disposal of surplus property
under the Federal Property and Administrative