IIB
107TH CONGRESS
2D SESSION
H. R. 4708
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 25, 2002
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To authorize the Secretary of the Interior to convey certain
facilities to the Fremont-Madison Irrigation District, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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TITLE I—FREMONT-MADISON IR-
RIGATION 
FACILITIES 
CON-
VEYANCE
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Fremont-Madison
Conveyance Act’’.
SEC. 102. CONVEYANCE OF FACILITIES.
(a) CONVEYANCE REQUIREMENT.—The Secretary of
the Interior shall convey to the Fremont-Madison Irriga-
tion District, Idaho, as soon as practicable after the date
of enactment of this Act and in accordance with all appli-
cable law and pursuant to the terms of the memorandum
of agreement between the District and the Secretary (Con-
tract No. 1425–01–MA–10–3310). The Secretary shall in-
clude in the facilities conveyed under this section all right,
title, and interest of the United States in and to the ca-
nals, laterals, drains, and other components of the water
distribution and drainage system that is operated or main-
tained by the District for delivery of water to and drainage
of water from lands within the boundaries of the District
as they exist upon the date of enactment of this Act, con-
sistent with section 107.
(b) REPORT.—If the Secretary has not completed any
conveyance required under this title by September 13,
2003, the Secretary shall, by no later than that date, sub-
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mit a report to the Congress explaining the reasons that
conveyance has not been completed and stating the date
by which the conveyance will be completed.
SEC. 103. COSTS.
(a) IN GENERAL.—The Secretary shall require, as a
condition of the conveyance under section 102, that the
District pay the administrative costs of the conveyance
and related activities, including the costs of any review
required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) as described in Contract
No. 1425–01–MA–10–3310.
(b) VALUE OF FACILITIES TO BE TRANSFERRED.—
In addition to subsection (a) the Secretary shall also re-
quire, as condition of the conveyance under section 102,
that the District pay to the United States the lesser of
the net present value of the remaining obligations owed
by the District to the United States with respect to the
facilities conveyed, or $280,000. Amounts received by the
United States under this subsection shall be deposited into
the reclamation fund.
SEC. 104. TETON EXCHANGE WELLS.
(a) CONTRACTS
AND PERMIT.—In conveying the
Teton Exchange Wells under section 102, the Secretary
shall also convey to the District—
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(1) Idaho Department of Water Resources per-
mit number 22–7022, including drilled wells under
the permit, as described in Contract No. 1425–01–
MA–10–3310; and
(2) all equipment appurtenant to such wells.
(b) EXTENSION OF WATER SERVICE CONTRACT.—
The water service contract between the Secretary and the
District (Contract No. 7–07–10–W0179, dated September
16, 1977) is hereby extended and shall continue in full
force and effect until all conditions described in this title
are fulfilled.
SEC. 105. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
Prior to conveyance the Secretary shall complete all
actions as may be required under the National Environ-
mental Policy Act of 1969 (42 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. 106. LIABILITY.
Effective on the date of the conveyance of the facili-
ties described in section 102, the United States shall not
be held liable by any court for damages of any kind arising
out of any act, omission, or occurrence relating to the con-
veyed facilities, except for damages caused by acts of neg-
ligence committed by the United States or by its employ-
ees, agents, or contractors prior to the date of conveyance.
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Nothing in this section may be deemed to increase the li-
ability 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. 107. WATER SUPPLY TO DISTRICT LANDS.
The Secretary shall increase the number of acres
within the District that are eligible to receive water from
the Minidoka Project and the Teton Basin Projects to re-
flect the number of acres within the District as of the date
of enactment of this Act, which includes lands annexed
into the District prior to enactment of this Act as intended
by the Teton Basin Project. This section does not in any
way authorize the use of any additional Federal Reclama-
tion project water beyond that which is currently author-
ized under their existing water storage contracts and as
allowed by State water law.
SEC. 108. EXISTING RIGHTS NOT AFFECTED.
Nothing in this title affects the rights of any person
except as provided in this title. Any conveyance under this
title shall not affect or abrogate any provision of any con-
tract executed by the United States or State law regarding
any irrigation district’s right to use water developed in the
facilities conveyed.
SEC. 109. DEFINITIONS.
In this title:
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(1) DISTRICT.—The term ‘‘District’’ means the
Fremont-Madison Irrigation District, an irrigation
district organized under the law of the State of
Idaho.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
TITLE II—HUMBOLT PROJECT
CONVEYANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Humboldt Project
Conveyance Act’’.
SEC. 202. DEFINITIONS.
For purposes of this title:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(2) STATE.—The term ‘‘State’’ means the State
of Nevada.
(3) PCWCD.—The term ‘‘PCWCD’’ means the
Pershing County Water Conservation District, a
public entity organized under the laws of the State
of Nevada.
(4) PERSHING COUNTY.—The term ‘‘Pershing
County’’ means the Pershing County government, a
political subunit of the State of Nevada.
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(5) LANDER
COUNTY.—The term ‘‘Lander
County’’ means the Lander County government, a
political subunit of the State of Nevada.
SEC. 203. AUTHORITY TO CONVEY TITLE.
(a) IN GENERAL.—As soon as practicable after the
date of enactment of this Act and in accordance with all
applicable law, the Secretary shall convey all right, title,
and interest in and to the lands and features of the Hum-
boldt Project, including all water rights for storage and
diversion, to PCWCD, the State, Pershing County, and
Lander County, consistent with the terms and conditions
set forth in the Memorandum of Agreement between
PCWCD and Lander County dated January 24, 2000, the
Conceptual Agreement between PCWCD and the State
dated October 18, 2001, the Letter of Agreement between
Pershing County and the State dated April 16, 2002, and
any agreements between the Bureau of Reclamation and
PCWCD.
(b) COMPLIANCE WITH AGREEMENTS.—All parties
to the conveyance under subsection (a) shall comply with
the terms and conditions of the agreements cited in sub-
section (a).
(c) REPORT.—If the conveyance required by this sec-
tion has not been completed within 18 months after the
date of enactment of this Act, the Secretary shall submit
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a report to the Committee on Resources of the House of
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate that describes—
(1) the status of the conveyance;
(2) any obstacles to completion of the convey-
ance; and
(3) the anticipated date for completion of the
conveyance.
SEC. 204. PAYMENT.
(a) IN GENERAL.—As consideration for any convey-
ance required by section 203, PCWCD shall pay to the
United States the net present value of miscellaneous reve-
nues associated with the lands and facilities to be con-
veyed.
(b) WITHDRAWN LANDS.—As consideration for any
conveyance of withdrawn lands required by section 203,
the entity receiving title shall pay the United States (in
addition to amounts paid under subsection (a)) the fair
market value for any such lands conveyed that were with-
drawn from the public domain pursuant to the Secretarial
Orders dated March 16, 1934, and April 6, 1956.
(c) ADMINISTRATIVE COSTS.—Administrative costs
for conveyance of any land or facility under this title shall
be paid in equal shares by the Secretary and the entity
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receiving title to the land or facility, except costs identified
in subsections (d) and (e).
(d) REAL ESTATE TRANSFER COSTS.—As a condi-
tion of any conveyance of any land or facility required by
section 203, costs of all boundary surveys, title searches,
cadastral surveys, appraisals, and other real estate trans-
actions required for the conveyance shall be paid by the
entity receiving title to the land or facility.
(e) NEPA COSTS.—Costs associated with any review
required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for conveyance of any land
or facility under section 203 shall be paid in equal shares
by the Secretary and the entity receiving title to the land
or facility.
(f) STATE OF NEVADA.—The State shall not be re-
sponsible for any payments for land or facilities under this
section. Any proposal by the State to reconvey to another
entity land conveyed by the Secretary under this title shall
be pursuant to an agreement with the Secretary providing
for fair market value to the United States for the lands,
and for continued management of the lands for recreation,
wildlife habitat, wetlands, or resource conservation.
SEC. 205. COMPLIANCE WITH OTHER LAWS.
Following the conveyance required by section 203,
the district, the State, Pershing County, and Lander
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County shall, with respect to the interests conveyed, com-
ply with all requirements of Federal, State, and local law
applicable to non-Federal water distribution systems.
SEC. 206. REVOCATION OF WITHDRAWALS.
Effective on the date of the conveyance required by
section 203, the Secretarial Orders dated March 16, 1934,
and April 6, 1956, that withdrew public lands for the Rye
Patch Reservoir and the Humboldt Sink, are hereby re-
voked.
SEC. 207. LIABILITY.
Effective on the date of the conveyance required by
section 203, the United States shall not be held liable by
any court for damages of any kind arising out of any act,
omission, or occurrence relating to the Humboldt Project,
except for damages caused by acts of negligence com-
mitted 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 Fed-
eral Tort Claims Act.
SEC. 208. NATIONAL ENVIRONMENTAL POLICY ACT.
Prior to any conveyance under this title, the Sec-
retary shall complete all actions as may be required under
the National Environmental Policy Act of 1969 (42 U.S.C.
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4321 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), and all other applicable laws.
SEC. 209. FUTURE BENEFITS.
Upon conveyance of the lands and facilities by the
Secretary under this title, the Humboldt Project shall no
longer be a Federal reclamation project and the district
shall not be entitled to receive any future reclamation ben-
efits with respect to that project, except those benefits
that would be available to other nonreclamation districts.
TITLE 
III—JICARILLA 
APACHE
RESERVATION RURAL WATER
SYSTEM
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Jicarilla Apache Res-
ervation Rural Water System Act’’.
SEC. 302. PURPOSES.
The purposes of this title are as follows:
(1) To ensure a safe and adequate rural, mu-
nicipal, and water supply and wastewater systems
for the residents of the Jicarilla Apache Reservation
in the State of New Mexico in accordance with Pub-
lic Law 106–243.
(2) To authorize the Secretary of the Interior,
through the Bureau of Reclamation, in consultation
and collaboration with the Jicarilla Apache Nation—
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(A) to plan, design, and construct the
water supply, delivery, and wastewater collec-
tion systems on the Jicarilla Apache Reserva-
tion in the State of New Mexico; and
(B) to include service connections to facili-
ties within the town of Dulce and the sur-
rounding area, and to individuals as part of the
construction.
(3) To require the Secretary, at the request of
the Jicarilla Apache Nation, to enter into a self-de-
termination contract with the Jicarilla Apache Na-
tion under title I of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450f et
seq.) under which—
(A) the Jicarilla Apache Nation shall plan,
design, and construct the water supply, deliv-
ery, and wastewater collection systems, includ-
ing service connections to communities and in-
dividuals; and
(B) the Bureau of Reclamation shall pro-
vide technical assistance and oversight responsi-
bility for such project.
(4) To establish a process in which the Jicarilla
Apache Nation shall assume title and responsibility
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for the ownership, operation, maintenance, and re-
placement of the system.
SEC. 303. DEFINITIONS.
As used in this title:
(1) BIA.—The term ‘‘BIA’’ means the Bureau
of Indian Affairs, an agency within the Department
of the Interior.
(2) IRRIGATION.—The term ‘‘irrigation’’ means
the commercial application of water to land for the
purpose of establishing or maintaining commercial
agriculture in order to produce field crops and vege-
tables for sale.
(3) RECLAMATION.—The term ‘‘Reclamation’’
means the Bureau of Reclamation, an agency within
the Department of the Interior.
(4) REPORT.—The term ‘‘Report’’ means the
report entitled ‘‘Planning Report/Environmental As-
sessment, Water and Wastewater Improvements,
Jicarilla Apache Nation, Dulce, New Mexico’’, dated
September 2001, which was completed pursuant to
Public Law 106–243.
(5) RESERVATION.—The term ‘‘Reservation’’
means the Jicarilla Apache Reservation in the State
of New Mexico, including all lands and interests in
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land that are held in trust by the United States for
the Tribe.
(6) RURAL
WATER
SUPPLY
PROJECT.—The
term ‘‘Rural Water Supply Project’’ means a munic-
ipal, domestic, rural, and industrial water supply
and wastewater facility area and project identified to
serve a group of towns, communities, cities, tribal
reservations, or dispersed farmsteads with access to
clean, safe domestic and industrial water, to include
the use of livestock.
(7) STATE.—The term ‘‘State’’ means the State
of New Mexico.
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Bu-
reau of Reclamation.
(9) TRIBE.—The term ‘‘Tribe’’ means the
Jicarilla Apache Nation.
SEC. 304. JICARILLA APACHE RESERVATION RURAL WATER
SYSTEM.
(a) CONSTRUCTION.—The Secretary, in consultation
and collaboration with the Tribe, shall plan, design, and
construct the Rural Water Supply Project to improve the
water supply, delivery, and wastewater facilities to the
town of Dulce, New Mexico, and surrounding communities
for the purpose of providing the benefits of clean, safe,
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and reliable water supply, delivery, and wastewater facili-
ties.
(b) SCOPE OF PROJECT.—The Rural Water Supply
Project shall consist of the following:
(1) Facilities to provide water supply, delivery,
and wastewater services for the community of Dulce,
the Mundo Ranch Development, and surrounding
areas on the Reservation.
(2) Pumping and treatment facilities located on
the Reservation.
(3) Distribution, collection, and treatment fa-
cilities to serve the needs of the Reservation, includ-
ing, but not limited to, construction, replacement,
improvement, and repair of existing water and
wastewater systems, including systems owned by in-
dividual tribal members and other residents on the
Reservation.
(4) Appurtenant buildings and access roads.
(5) Necessary property and property rights.
(6) Such other electrical power transmission
and distribution facilities, pipelines, pumping plants,
and facilities as the Secretary deems necessary or
appropriate to meet the water supply, economic,
public health, and environmental needs of the Res-
ervation, including, but not limited to, water storage
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tially complete, the Tribe shall assume responsibility for
and liability related to the annual operation, maintenance,
and replacement cost of the project in accordance with this
title and the Operation, Maintenance, and Replacement
Plan under chapter IV of the Report.
SEC. 305. GENERAL AUTHORITY.
The Secretary is authorized to enter into contracts,
grants, cooperative agreements, and other such agree-
ments and to promulgate such regulations as may be nec-
essary to carry out the purposes and provisions of this
title and the Indian Self-Determination Act (Public Law
93–638; 25 U.S.C. 450 et seq.).
SEC. 306. PROJECT REQUIREMENTS.
(a) PLANS.—
(1) PROJECT PLAN.—Not later than 60 days
after funds are made available for this purpose, the
Secretary shall prepare a recommended project plan,
which shall include a general map showing the loca-
tion of the proposed physical facilities, conceptual
engineering drawings of structures, and general
standards for design for the Rural Water Supply
Project.
(2) OM&R PLAN.—The Tribe shall develop an
operation, maintenance, and replacement plan, which
shall provide the necessary framework to assist the
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Tribe in establishing rates and fees for customers of
the Rural Water Supply Project.
(b) 
CONSTRUCTION
MANAGER.—The 
Secretary,
through Reclamation and in consultation with the Tribe,
shall select a project construction manager to work with
the Tribe in the planning, design, and construction of the
Rural Water Supply Project.
(c) MEMORANDUM OF AGREEMENT.—The Secretary
shall enter into a memorandum of agreement with the
Tribe that commits Reclamation and BIA to a transition
plan that addresses operations and maintenance of the
Rural Water Supply Project while the facilities are under
construction and after completion of construction.
(d) OVERSIGHT.—The Secretary shall have oversight
responsibility with the Tribe and its constructing entity
and shall incorporate value engineering analysis as appro-
priate to the Rural Water Supply Project.
(e) TECHNICAL ASSISTANCE.—The Secretary shall
provide such technical assistance as may be necessary to
the Tribe to plan, develop, and construct the Rural Water
Supply Project, including, but not limited to, operation
and management training.
(f) SERVICE AREA.—The service area of the Rural
Water Supply Project shall be within the boundaries of
the Reservation.
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(g) OTHER LAW.—The planning, design, construc-
tion, operation, and maintenance of the Rural Water Sup-
ply Project shall be subject to the provisions of the Indian
Self-Determination Act (25 U.S.C. 450 et seq.).
(h) REPORT.—During the year that construction of
the Rural Water Supply Project begins and annually until
such construction is completed, the Secretary, through
Reclamation and in consultation with the Tribe, shall re-
port to Congress on the status of the planning, design,
and construction of the Rural Water Supply Project.
(i) TITLE.—Title to the Rural Water Supply Project
shall be held in trust for the Tribe by the United States
and shall not be transferred or encumbered without a sub-
sequent Act of Congress.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this title $45,000,000 (January 2002
dollars) plus or minus such amounts, if any, as may be
justified by reason of changes in construction costs as in-
dicated by engineering cost indexes applicable to the types
of construction involved for the planning, design, and con-
struction of the Rural Water Supply Project as generally
described in the Report dated September 2001.
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(b) CONDITIONS.—Funds may not be appropriated
for the construction of any project authorized under this
title until after—
(1) an appraisal investigation and a feasibility
study have been completed by the Secretary and the
Tribe; and
(2) the Secretary has determined that the plan
required by section 306(a)(2) is completed.
(c) NEPA.—The Secretary shall not obligate funds
for construction until after the requirements of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) are met with respect to the Rural Water Supply
Project.
SEC. 308. PROHIBITION ON USE OF FUNDS FOR IRRIGATION
PURPOSES.
None of the funds made available to the Secretary
for planning or construction of the Rural Water Supply
Project may be used to plan or construct facilities used
to supply water for the purposes of irrigation.
SEC. 309. WATER RIGHTS.
The water rights of the Tribe are part of and in-
cluded in the Jicarilla Apache Tribe Water Rights Settle-
ment Act (Public Law 102–441). These rights are adju-
dicated under New Mexico State law as a partial final
judgment and decree entered in the Eleventh Judicial Dis-
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trict Court of New Mexico. That Act and decree provide
for sufficient water rights under ‘‘historic and existing
uses’’ to supply water for the municipal water system.
These water rights are recognized depletions within the
San Juan River basin and no new depletions are associ-
ated with the Rural Water Supply Project. In consultation
with the United States Fish and Wildlife Service, Rec-
lamation has determined that there shall be no significant
impact to endangered species as a result of water deple-
tions associated with this project. No other water rights
of the Tribe shall be impacted by the Rural Water Supply
Project.
TITLE IV—TOM GREEN COUNTY
WATER 
CONTROL 
AND 
IM-
PROVEMENT DISTRICT NO. 1
REPAYMENT CONTRACT EX-
TENSION
SEC. 401. TOM GREEN COUNTY WATER CONTROL AND IM-
PROVEMENT DISTRICT NO. 1; REPAYMENT
PERIOD EXTENDED.
The Secretary of the Interior may revise the repay-
ment contract with the Tom Green County Water Control
and Improvement District No. 1 numbered 14–06–500–
369, by extending the period authorized for repayment of
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reimbursable constructions costs of the San Angelo project
from 40 years to 50 years.
Passed the House of Representatives September 24,
2002.
Attest:
JEFF TRANDAHL,
Clerk.