IB 
Union Calendar No. 442 
108TH CONGRESS 
2D SESSION 
H. R. 3391 
[Report No. 108–719] 
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 
OCTOBER 4, 2004 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on October 29, 2003] 
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. 
In this Act: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means 
the contract numbered 04–WC–40–8950 and entitled 
‘‘Agreement Among the United States, the Provo 
River Water Users Association, and the Metropolitan 
Water District of Salt Lake & Sandy to Transfer 
Title to Certain Lands and Facilities of the Provo 
River Project’’. 
(2) 
ASSOCIATION.—The 
term 
‘‘Association’’ 
means the Provo River Water Users Association, a 
nonprofit corporation organized under the laws of the 
State. 
(3) DISTRICT.—The term ‘‘District’’ means the 
Metropolitan Water District of Salt Lake & Sandy, 
a political subdivision of the State. 
(4) PLEASANT GROVE PROPERTY.— 
(A) IN
GENERAL.—The term ‘‘Pleasant 
Grove Property’’ means the 3.79-acre parcel of 
land acquired by the United States for the Provo 
River Project, Deer Creek Division, located at 
approximately 285 West 1100 North, Pleasant
Grove, Utah, as in existence on the date of enact-
ment of this Act. 
(B) 
INCLUSIONS.—The 
term 
‘‘Pleasant 
Grove Property’’ includes the office building and 
shop complex constructed by the Association on 
the parcel of land described in subparagraph 
(A). 
(5) PROVO RESERVOIR CANAL.—The term ‘‘Provo 
Reservoir Canal’’ means the canal, and any associ-
ated land, rights-of-way, and facilities acquired, con-
structed, or improved by the United States as part of 
the Provo River Project, Deer Creek Division, extend-
ing from, and including, the Murdock Diversion Dam 
at the mouth of Provo Canyon, Utah, to and includ-
ing the Provo Reservoir Canal Siphon and Penstock, 
as in existence on the date of enactment of this Act. 
(6) SALT
LAKE
AQUEDUCT.—The term ‘‘Salt 
Lake Aqueduct’’ means the aqueduct and associated 
land, rights-of-way, and facilities acquired, con-
structed or improved by the United States as part of 
the Provo River Project, Aqueduct Division, extending 
from, and including, the Salt Lake Aqueduct Intake 
at the base of Deer Creek Dam to and including the 
Terminal Reservoirs located at 3300 South St. and
Interstate Route 215 in Salt Lake City, Utah, as in 
existence on the date of enactment of this Act. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(8) STATE.—The term ‘‘State’’ means the State 
of Utah. 
SEC. 3. CONVEYANCE OF LAND AND FACILITIES. 
(a) CONVEYANCES TO ASSOCIATION.— 
(1) PROVO RESERVOIR CANAL.— 
(A) IN GENERAL.—In accordance with the 
terms and conditions of the Agreement and sub-
ject to subparagraph (B), the Secretary shall 
convey to the Association, all right, title, and in-
terest of the United States in and to the Provo 
Reservoir Canal. 
(B) CONDITION.—The conveyance under 
subparagraph (A) shall not be completed until 
the Secretary accepts future arrangements en-
tered into by the Association, the District, the 
Central Utah Water Conservancy District, and 
the Jordan Valley Water Conservancy District 
providing for the operation, ownership, financ-
ing, and improvement of the Provo Reservoir 
Canal.
(2) PLEASANT GROVE PROPERTY.—In accordance 
with the terms and conditions of the Agreement, the 
Secretary shall convey to the Association, all right, 
title, and interest of the United States in and to the 
Pleasant Grove Property. 
(b) CONVEYANCE TO DISTRICT.— 
(1) IN GENERAL.—In accordance with the terms 
and conditions of the Agreement, the Secretary shall 
convey to the District, all right, title, and interest of 
the United States in and to Salt Lake Aqueduct. 
(2) EASEMENTS.— 
(A) IN GENERAL.—As part of the convey-
ance under paragraph (1), the Secretary shall 
grant to the District permanent easements to— 
(i) the National Forest System land on 
which the Salt Lake Aqueduct is located; 
and 
(ii) land of the Aqueduct Division of 
the Provo River Project that intersects the 
parcel of non-Federal land authorized to be 
conveyed to the United States under section 
104(a) of Public Law 107–329 (116 Stat. 
2816). 
(B) PURPOSE.—The easements conveyed 
under subparagraph (A) shall be for the use, op-
eration, maintenance, repair, improvement, or 
replacement of the Salt Lake Aqueduct by the 
District. 
(C) LIMITATION.—The United States shall 
not carry out any activity on the land subject to 
the easements conveyed under subparagraph (A) 
that would materially interfere with the use, op-
eration, maintenance, repair, improvement, or 
replacement of the Salt Lake Aqueduct by the 
District. 
(D) BOUNDARIES.—The boundaries of the 
easements conveyed under subparagraph (A) 
shall be determined by the Secretary, in con-
sultation with the District. 
(E) REVOCATION
OF
WITHDRAWALS.—On 
conveyance of the easement to the land described 
in subparagraph (A)(i), the Secretary, subject to 
the easement and any terms and conditions of 
the Agreement, shall revoke any public land or-
ders withdrawing National Forest System land 
for the Aqueduct Division of the Provo River 
Project. 
(F) TRANSFER OF ADMINISTRATIVE JURIS-
DICTION.—
(i) IN
GENERAL.—On conveyance of 
the easement to the land described in sub-
paragraph (A)(ii), the Secretary, subject to 
the easement, shall transfer to the Secretary 
of Agriculture administrative jurisdiction 
over the land. 
(ii) ADMINISTRATIVE SITE.—The land 
transferred under clause (i) shall be admin-
istered by the Secretary of Agriculture as an 
administrative site. 
(G) ADMINISTRATION.—The easements con-
veyed under subparagraph (A) shall be adminis-
tered by the Secretary of Agriculture in accord-
ance with section 501(b)(3) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1761(b)(3)). 
(c) CONSIDERATION.— 
(1) ASSOCIATION.— 
(A) IN GENERAL.—In exchange for the con-
veyance under subsection (a)(1), the Association 
shall pay the Secretary an amount that is equal 
to the sum of— 
(i) the net present value of any re-
maining debt obligation of the United
States with respect to the Provo Reservoir 
Canal; and 
(ii) the net present value of any reve-
nues from the Provo Reservoir Canal that, 
based on past history— 
(I) would be available to the 
United States but for the conveyance of 
the Provo Reservoir Canal under sub-
section (a)(1); and 
(II) would be deposited in the rec-
lamation fund established under the 
first section of the Act of June 17, 1902 
(43 U.S.C. 391), and credited under 
the terms of Reclamation Manual/Di-
rectives and Standards PEC 03–01. 
(B) DEDUCTION.—In determining the net 
present values under clauses (i) and (ii) of sub-
paragraph (A), the Association may deduct from 
the net present value such sums as are required 
for the reimbursement described in the Agree-
ment. 
(2) DISTRICT.— 
(A) IN GENERAL.—In exchange for the con-
veyance under subsection (b)(1), the District
shall pay the Secretary an amount that is equal 
to the sum of— 
(i) the net present value of any re-
maining debt obligation of the United 
States with respect to the Salt Lake Aque-
duct; and 
(ii) the net present value of any reve-
nues from the Salt Lake Aqueduct that, 
based on past history— 
(I) would have been available to 
the United States but for the convey-
ance of the Salt Lake Aqueduct under 
subsection (b)(1); and 
(II) would be deposited in the rec-
lamation fund established under the 
first section of the Act of June 17, 1902 
(43 U.S.C. 391), and credited under 
the terms of Reclamation Manual/Di-
rectives and Standards PEC 03–01. 
(B) DEDUCTION.—In determining the net 
present values under clauses (i) and (ii) of sub-
paragraph (A), the District may deduct from the 
net present value such sums as are required for 
the reimbursement described in the Agreement.
(d) PAYMENT OF COSTS.—In addition to amounts 
paid to the Secretary under subsection (c), the Association 
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 as-
sociated 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 fa-
cilities under subsections (a) and (b), the Secretary 
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, any portion of the Deer 
Creek Division, Provo River Project, Utah, that is not con-
veyed under that section shall continue to be operated and 
maintained by the Association, in accordance with the con-
tract 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.—Any written contract of the United 
States in existence on the date of enactment of this Act re-
lating to the operation and maintenance of any division
or facility of the Provo River Project or the Jordan Aque-
duct System is confirmed and declared to be a valid con-
tract 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 capac-
ity rights, without additional charge or further ap-
proval from the Secretary, to transport Central 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 use is expressly authorized by the 
entity responsible for operation and maintenance 
of the Central Utah Project water facility; and 
(B) 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 en-
vironmental 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 Con-
tract for the Deer Creek Division of the Provo River 
Project to reflect the partial prepayment, the adjust-
ment of the annual repayment amount, and the 
transfer of the Provo Reservoir Canal and the Pleas-
ant 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 payout and 
transfer of all facilities of the Aqueduct Division. 
(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 Reservoir Canal. 
SEC. 5. EFFECT OF CONVEYANCE. 
On conveyance of any land or facility under subsection 
(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 bene-
fits that would be available to other nonreclamation 
facilities; and 
(3) the United States shall not be liable for dam-
ages arising out of any act, omission, or occurrence 
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 con-
veyance, 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 con-
veyance; and 
(3) specifies an anticipated date for completion 
of the conveyance.
Union Calendar No. 442 
108TH CONGRESS 
2D SESSION 
H. R. 3391 
[Report No. 108–719] 
A BILL 
To authorize the Secretary of the Interior to convey 
certain lands and facilities of the Provo River 
Project 
OCTOBER 4, 2004 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed