I
104TH CONGRESS
1ST SESSION
H. R. 2644
To provide for the transfer of the Missouri River Basin, Pick-Sloan Project
facilities in the States of Kansas and Nebraska, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 15, 1995
Mr. ROBERTS (for himself and Mr. BROWNBACK) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To provide for the transfer of the Missouri River Basin,
Pick-Sloan Project facilities in the States of Kansas and
Nebraska, and for other purposes.
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 ‘‘Missouri River Basin,
Kansas and Nebraska, Pick-Sloan Project Facilities
Transfer Act’’.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) PROJECT
BENEFICIARY.—(A) The term
‘‘project beneficiary’’ means one or more of the fol-
lowing irrigation districts or reclamation districts or-
ganized and operating under the laws of the State
of Kansas or the State of Nebraska:
(i) In Kansas, Kansas-Bostwick Irrigation
District No. 2, Kirwin Irrigation District No. 1,
Webster Irrigation District No. 4, and Almena
Irrigation District No. 5; and
(ii) In Nebraska, Ainsworth Irrigation Dis-
trict, Farwell Irrigation District, Sargent Irri-
gation District, Loup Basin Reclamation Dis-
trict, Frenchman-Cambridge Irrigation District
and Nebraska Bostwick Irrigation District.
(B) Such term may also include an organization
established by one or more of the irrigation districts
referred to in subparagraph (A) under laws of the
States of Kansas and Nebraska authorizing the cre-
ation of interlocal cooperation entities or such term
may include another political subdivision of the
States of Kansas or Nebraska established by act of
their respective State legislatures for the purpose of
acquiring title to reclamation project property in ac-
cordance with this Act.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior or the Secretary of the
Army, as appropriate, with jurisdiction over project
facilities subject to this Act.
(3) RECLAMATION
PROJECT
PROPERTY.—The
term ‘‘reclamation project property’’ means the fol-
lowing:
(A) All contracts which are currently in ef-
fect between the United States and the project
beneficiaries or other parties and which relate
to the projects, project facilities and related
programs, including any such contracts, written
or not written to provide project use power
from Federal power facilities.
(B) All reclamation project distribution
and drainage facilities, all reservoir and related
diversion facilities and all related lands cur-
rently held by the United States which are sub-
ject to this Act.
(C) All acquired lands, both surface and
subsurface estate, within the respective rec-
lamation projects.
(D) All water rights held by the United
States relating to the respective project facili-
ties.
(E) All outstanding leases or contracts on
the 
lands 
associated 
with 
the 
respective
projects.
(F) All fund accounts held by the United
States for any purposes related to the project.
(G) All contracts, other than those listed
under subparagraph (E), or other legal obliga-
tions in existence which have any impact upon
the project facilities or the project operations
and which may be required to be assumed or
accepted by the project beneficiary.
(H) All personal property, including oper-
ating equipment, tools and other tangible per-
sonal property, held by the United States for
the purposes of operating the project or serving
the project facilities.
(I) All funds held in reserve or otherwise
dedicated accounts in which funds have been
paid by project beneficiaries or from other
nonproject related revenues and which are, as
of the date of enactment of this Act, held for
project purposes.
SEC. 3. TRANSFER OF MISSOURI RIVER BASIN, PICK-SLOAN
PROJECTS FACILITIES.
(a) GENERAL AUTHORITY.—Within 180 days after
the date of enactment of this Act and upon tender of the
specified consideration by the project beneficiary, the Sec-
retary shall transfer, in fee title and free of all liens and
encumbrances, the project described in section 6, including
all right, title, and interest of the United States in and
to the reclamation project property, to the project bene-
ficiary of each such described project.
(b) CONSIDERATION AND SATISFACTION OF OUT-
STANDING OBLIGATIONS.—The transfer of a project
under subsection (a) shall be for the consideration speci-
fied for the project. The payment of the specified consider-
ation for a project shall be in full and complete satisfaction
of all obligations against the project facilities and the
project beneficiaries existing before the date of transfer
of the project under every contract entered into by and
between the United States and the project beneficiaries.
The completion of the transfer of all facilities as provided
for in this Act and the payment of the consideration speci-
fied for each transferred project shall be deemed to con-
stitute full and complete satisfaction of any and all obliga-
tions for further payments or repayments by the respective
project sponsors for irrigation benefits of the project facili-
ties and for any other benefits specifically transferred to
the respective project sponsors.
(c) TRANSFER COSTS.—All costs of transfers carried
out under this section shall be the obligation of the United
States.
(d) TRANSFER DOCUMENTS.—The Secretary with
the assistance of the project beneficiaries shall execute all
necessary transfer documents and make all such filings
or take all such actions as may be needed to consummate
the transfers of reclamation project property. Such docu-
ments shall include (but not be limited to) land deeds,
court proceedings, decrees, bills of sale, certificates of title,
lease contract transfers, water rights certificates and
amendment documents, and notice filings.
(e) PRESENT VESTING OF LEASE BENEFITS AND
OBLIGATIONS.—The project beneficiaries to whom any
project lands are to be transferred under this section shall
be entitled to immediately assume the management of all
existing and future leases and shall be entitled to any reve-
nues accruing on or after the date of enactment of this
Act.
(f) LIMITATION.—The further transfer of any facili-
ties or parts thereof of any project which are not specifi-
cally transferred by this Act shall only be carried out by
the United States with the specific advice and consent of
the project beneficiaries to which project facilities are to
be transferred by this Act.
SEC. 4. LIABILITY.
Upon completion of the transfer of reclamation
project property to the project beneficiaries as provided
by this Act, the project beneficiaries shall assume sole re-
sponsibility and liability for the project and the project
beneficiaries shall hold the United States harmless and in-
demnify the United States against any and all claims of
damage, except that all project facilities transferred under
this Act shall, as to the project beneficiaries, be free from
liability for latent defects in such facilities unless all such
defects were fully disclosed and the defects corrected or
accepted in writing as to further future liability by the
project beneficiaries.
SEC. 5. PROJECT PURPOSES, OPERATIONS, AND COST AL-
LOCATIONS.
(a) CONTINUATION.—All facilities transferred in ac-
cordance with this Act shall be deemed to be committed
to the purposes for which those facilities were authorized
and constructed. Operations of all such transferred facili-
ties shall be subject to the laws of the States of Kansas
and Nebraska as set forth in the establishment and oper-
ation of irrigation or reclamation districts under those re-
spective State laws. All cost allocations identified as reim-
bursable by other beneficiaries provided for as a part of
the original authorizing laws for each transferred project
shall remain due from those beneficiaries under the same
provisions and in the same manner as originally approved
from and after the date of enactment of this Act until
paid.
(b) 
DEEMED
CONSENT
OF
PROJECT
BENE-
FICIARY.—The project beneficiary of each transferred
project, upon accepting the transfer provided under this
Act, shall be deemed to agree to operate, maintain, repair,
replace and rehabilitate the project in a manner designed
to carry out the intended purposes for which the project
was developed and constructed, except that a transferred
project or part thereof may be redirected to another al-
ready identified use or to another use if the project bene-
ficiary determines that the public purpose for which the
facilities were constructed is better served.
(c) TERMINATION OF MANDATES.—All mandates im-
posed by the Reclamation Act of 1902 (and all Acts sup-
plementary thereto or amendatory thereof, including the
Reclamation Reform Act of 1982, or by Department of
the Interior or Army regulations, upon the project facili-
ties, the project beneficiaries, or the individual water users
for whom the respective projects are operated shall be ter-
minated upon the completion of the transfers as provided
by this Act. Any other Federal laws and regulations shall
be administered upon the projects as they might be over
any other non-Federal project.
(d) CERTAIN ACTS NOT APPLICABLE.—The trans-
fers directed by this Act are subject to the requirement
that all transferred reclamation project property be used
in accordance with this section. A transfer under this Act
shall not—
(1) be deemed to constitute a major Federal ac-
tion within the meaning of the National Environ-
mental Policy Act of 1969 and shall therefore be
deemed to satisfy all requirements of the National
Environmental Policy Act of 1969 without further
action;
(2) constitute or be deemed a basis for invoking
any provisions of the Endangered Species Act of
1973;
(3) require certification under the provisions of
the Federal Water Pollution Control Act;
(4) be subject to the provisions of chapter 5 of
title 5, United States Code (commonly known as the
‘‘Administrative Procedures Act’’); or
(5) be considered a disposal of Federal surplus
property under the provisions of the Federal Prop-
erty and Administrative Services Act of 1949.
SEC. 6. FACILITIES AFFECTED.
(a) AINSWORTH UNIT.—The Ainsworth Unit, Mis-
souri River Basin Project, shall consist of the project con-
structed and operated pursuant to the Act of December
22, 1944 (58 Stat. 887, Public Law 78–534), and the Act
of August 21, 1954 (68 Stat. 757), and the Act of May
18, 1956 (Public Law 84–531), and which is situated in
Cherry, Brown, and Rock Counties in Nebraska. The
Ainsworth Unit shall be transferred to the Ainsworth Irri-
gation District as the project beneficiary upon the pay-
ment of $1,747,097 as consideration therefore.
(b) FARWELL UNIT.—The Farwell Unit, Missouri
River Basin Project, shall consist of the project con-
structed and operated pursuant to the Act of December
22, 1944 (58 Stat. 887, Public Law 78–534), and the Act
of August 3, 1956 (70 Stat. 975), and which is situated
in Howard, Sherman, Custer and Valley Counties in Ne-
braska. The Farwell Unit shall be transferred to the
Farwell Irrigation District and to the Loup Basin Rec-
lamation District as the project beneficiaries in such man-
ner as elected by the beneficiaries upon the payment of
$2,399,874 as consideration therefore.
(c) SARGENT UNIT.—The Sargent Unit, Missouri
River Basin Project, shall consist of the project con-
structed and operated pursuant to the Act of December
22, 1944 (58 Stat. 887, Public Law 78–534), and the Act
of August 3, 1956 (70 Stat. 975), and which is situated
in Blaine, Custer, and Valley Counties in Nebraska. The
Sargent Unit shall be transferred to the Sargent Irrigation
District and to the Loup Basin Reclamation District as
the project beneficiaries in such manner as elected by the
beneficiaries upon the payment of $565,862 as consider-
ation therefore.
(d) FRENCHMAN-CAMBRIDGE UNIT.—The French-
man-Cambridge Unit, Missouri River Basin Project, shall
consist of the project constructed and operated pursuant
to the Act of December 22, 1944 (58 Stat. 887), by Act
of Congress (Public Law 78–534), as a component of the
Pick-Sloan Missouri Basin Program, and which is situated
in Red Willow, Frontier, Hitchcock, Furnas and Harlan
Counties in Nebraska. The Frenchman-Cambridge Unit
shall be transferred to the Frenchman-Cambridge Irriga-
tion District or to another project beneficiary designated
by the Irrigation District as the project beneficiaries upon
the payment of $1,478,291 as consideration therefore.
(e) BOSTWICK UNIT.—The Bostwick Unit, Missouri
River Basin Project, shall consist of the projects con-
structed and operated pursuant to the Act of December
22, 1944 (58 Stat. 887), by Act of Congress (Public Law
78–534) as a component of the Pick-Sloan Missouri Basin
Program, and which are situated in Harlan, Franklin,
Webster and Nuckolls Counties in Nebraska, and Repub-
lic, Jewell and Cloud Counties in Kansas. The reclamation
project property of the Bostwick Unit shall include all con-
structed facilities deemed to be a part of the irrigation
operations for the Unit and shall include only that part
of the Harlan County Dam and Reservoir required for irri-
gation storage and irrigation use. For purposes of this
transfer such irrigation storage shall include water storage
capacity between elevation 1925.0 and 1946.0 M.S.L. In
accordance with the conditions set forth herein the irriga-
tion storage and operations agreements now in effect be-
tween the United States Army Corps of Engineers, and
the United States Department of Interior, Bureau of Rec-
lamation, shall be the basis for future operations between
the United States Army Corps of Engineers, and the
project sponsors. The parts of the Bostwick Unit nec-
essary to the operations of the Nebraska portion of the
project shall be transferred to the Nebraska Bostwick Irri-
gation District or to another project beneficiary des-
ignated by the Irrigation District as the project bene-
ficiaries. The parts of the Bostwick Unit necessary to the
operations of the Kansas portion of the project shall be
transferred to the Kansas-Bostwick Irrigation District No.
2 or to another project beneficiary designated by the Irri-
gation District as the project beneficiaries. The payment
of $4,333,804 shall constitute consideration for the
Bostwick Unit.
(f) ALMENA UNIT.—The Almena Unit, Missouri
River Basin Project, shall consist of the project con-
structed and operated pursuant to the Act of December
22, 1944 (58 Stat. 887, Public Law 78–534), and the
Flood Control Act of 1946 (Public Law 78–526), and
which is situated in Norton and Phillips Counties in Kan-
sas. The Almena Unit shall be transferred to the Almena
Irrigation District No. 5 or to another project beneficiary
designated by the Irrigation District as the project bene-
ficiaries upon the payment of $112,631 as consideration
therefore.
(g) KIRWIN UNIT.—The Kirwin Unit, Missouri River
Basin Project, shall consist of the project constructed and
operated pursuant to the Act of December 22, 1944 (58
Stat. 887, Public Law 78–534), and the Flood Control
Act of 1946 (Public Law 78–526), and which is situated
in Phillips, Smith, and Osborn Counties in Kansas. The
Kirwin Unit shall be transferred to the Kirwin Irrigation
District No. 1 or to another project beneficiary designated
by the Irrigation District as the project beneficiaries upon
the payment of $253,967 as consideration therefore.
(h) WEBSTER UNIT.—The Webster Unit, Missouri
River Basin Project, shall consist of the project con-
structed and operated pursuant to the Act of December
22, 1944 (58 Stat. 887, Public Law 78–534), and the
Flood Control Act of 1946 (Public Law 78–526), and
which is situated in Rooks and Osborn Counties in Kan-
sas. The Webster Unit shall be transferred to the Webster
Irrigation District No. 4 or to another project beneficiary
designated by the Irrigation District as the project bene-
ficiaries upon the payment of $232,012 as consideration
therefore.
Æ