I 
108TH CONGRESS 
1ST SESSION H. R. 2257
To convey the Lower Yellowstone Irrigation Project, the Savage Unit of 
the Pick-Sloan Missouri Basin Program, and the Intake Irrigation 
Project to the appurtenant Irrigation Districts. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2003
Mr. REHBERG introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To convey the Lower Yellowstone Irrigation Project, the Sav-
age Unit of the Pick-Sloan Missouri Basin Program, 
and the Intake Irrigation Project to the appurtenant 
Irrigation Districts.
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 ‘‘Lower Yellowstone 
Reclamation Projects Conveyance Act’’. 
SEC. 2. DEFINITIONS. 
In this Act:
(1) DIVERSION WORKS.—The term ‘‘diversion 
works’’ means the land in the N1⁄2 NW1⁄4 Sec. 36, 
T.18N., R.56E. P. M., Montana, and the diversion 
dam structure, canal headworks structure, and first 
section of the main canal, all contained therein. 
(2) INTAKE IRRIGATION DISTRICT.—The term 
‘‘Intake Irrigation District’’ means the Irrigation 
District by that name that is organized under the 
laws of the State of Montana and operates the In-
take Project. 
(3) INTAKE
PROJECT.—The term ‘‘Intake 
Project’’ means the Federal irrigation development 
operated by the Intake Irrigation District and au-
thorized under the Act of August 11, 1939 (chapter 
717; 53 Stat. 1418). 
(4) IRRIGATION DISTRICTS.—The term ‘‘irriga-
tion districts’’ means—
(A) the Intake Irrigation District; 
(B) the Lower Yellowstone Irrigation Dis-
trict No. 1; 
(C) the Lower Yellowstone Irrigation Dis-
trict No. 2; and 
(D) the Savage Irrigation District. 
(5) LOWER
YELLOWSTONE
IRRIGATION
DIS-
TRICT NO. 1.—The term ‘‘Lower Yellowstone Irriga-
tion District No. 1’’ means the irrigation district by 
that name that is organized under the laws of the 
State of Montana and operates the part of the 
Lower Yellowstone Irrigation Project located in the 
State of Montana. 
(6) LOWER
YELLOWSTONE
IRRIGATION
DIS-
TRICT NO. 2.—The term ‘‘Lower Yellowstone Irriga-
tion District No. 2’’ means the irrigation district by 
that name that is organized under the laws of the 
State of North Dakota and operates the part of the 
Lower Yellowstone Irrigation Project located in the 
State of North Dakota. 
(7) 
LOWER
YELLOWSTONE
IRRIGATION 
PROJECT.—The term ‘‘Lower Yellowstone Irrigation 
Project’’ means the Federal irrigation development 
operated by Lower Yellowstone Irrigation District 
No. 1 and Lower Yellowstone Irrigation District No. 
2 and authorized by the Act of June 17, 1902 
(chapter 1093; 32 Stat. 388). 
(8) MEMORANDUM OF UNDERSTANDING.—The 
term ‘‘Memorandum of Understanding’’ means the 
memorandum of understanding dated November 16, 
1999, and any subsequent replacements or amend-
ments between the Districts and the Montana Area 
Office, Great Plains Region, Bureau of Reclamation,
for the purpose of defining certain principles by 
which the title to the projects will be transferred 
from the United States to the districts. 
(9) PICK-SLOAN MISSOURI BASIN PROGRAM.—
The term ‘‘Pick-Sloan Missouri Basin Program’’ 
means the comprehensive Federal program for mul-
tipurpose benefits within the Missouri River Basin 
including irrigation authorized by section 9 of the 
Act of December 22, 1944, commonly known as the 
‘‘Flood Control Act of 1944’’ (chapter 665; 58 Stat. 
891). 
(10) PICK-SLOAN
MISSOURI
BASIN
PROGRAM 
PROJECT USE POWER.—The term ‘‘Pick-Sloan Mis-
souri Basin Program Project Use Power’’ means 
power available for establishing and maintaining the 
irrigation developments of the Pick-Sloan Missouri 
Basin Program. 
(11) PROJECTS.—The term ‘‘projects’’ means—
(A) the Lower Yellowstone Irrigation 
Project; 
(B) the Intake Project; and 
(C) the Savage Unit.
(12) SAVAGE IRRIGATION DISTRICT.—The term 
‘‘Savage Irrigation District’’ means the irrigation 
district by that name that is organized under the
laws of the State of Montana and operates the Sav-
age Unit. 
(13) SAVAGE UNIT.—The term ‘‘Savage Unit’’ 
means the Savage Unit of the Pick-Sloan Missouri 
Basin Program. 
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
SEC. 3. CONVEYANCE OF PROJECTS. 
(a) CONVEYANCES.—
(1) IN GENERAL.—The Secretary shall, as soon 
as practicable, convey the projects, including all 
works, facilities, and lands of the projects, to the ir-
rigation districts in accordance with all applicable 
laws and pursuant to the terms of the memorandum 
of understanding. 
(2) TWO STAGES.—The conveyance shall take 
place in two stages. The first stage shall include all 
conveyances under this Act except diversion works. 
The second stage shall consist of all conveyances 
under this Act of the diversion works. 
(3) LANDS.—
(A) IN
GENERAL.—All lands, easements, 
and rights-of-way the United States possess 
that are conveyed by the Secretary to the re-
spective irrigation districts under this Act shall
be conveyed by quitclaim deed. All such convey-
ances are subject to permits, licenses, leases, 
rights-of-use, or right-of-way of record out-
standing held by third parties on, over, or 
across such lands, easements, and rights-of-
way. 
(B) MINERAL RIGHTS.—All conveyances of 
lands under this Act shall be subject to—
(i) a reservation by the United States 
of all minerals of any nature whatsoever, 
excluding sand and gravel; and 
(ii) oil, gas, and other mineral rights 
reserved of record before the date of con-
veyance by or in favor of third parties. 
(4) WATER RIGHTS.—The Secretary shall con-
vey to the respective irrigation districts in accord-
ance with and subject to the law of the State of 
Montana, all natural flow, wastewater, seepage, re-
turn flow, domestic water, stock water, and ground-
water rights held in part or wholly in the name of 
the United States that are used to serve the lands 
within the irrigation districts. 
(5) COSTS.—
(A) RECLAMATION WITHDRAWN LANDS.—
The irrigation districts shall purchase Reclama-
tion Withdrawn lands that are identified in the 
Memorandum of Understanding, for their value 
in providing operation and maintenance benefits 
to the irrigation districts.
(B) SAVAGE
UNIT
REPAYMENT
OBLIGA-
TIONS.—
(i) SAVAGE
IRRIGATION
DISTRICT.—
As a condition of any conveyance of Rec-
lamation Withdrawn lands under subpara-
graph (A), the Secretary shall require the 
Savage Irrigation District to pay to the 
Secretary an amount equal to the present 
value of the remaining water supply repay-
ment obligation of such district. Payment 
of such amount by the district shall be 
treated as full payment under Contract 
Number I1r–1525, as amended and as ex-
tended by Contract No. 9–07–60–W0770.
(ii) PICK-SLOAN MISSOURI BASIN PRO-
GRAM CONSTRUCTION OBLIGATION.—As a 
condition of any conveyance of Reclama-
tion Withdrawn lands under subparagraph 
(A), the Secretary shall require payment 
from the Pick-Sloan Missouri Basin Pro-
gram (Eastern Division) power customers
$94,727. This payment shall be out of the 
receipts from the sale of power from the 
Pick-Sloan Missouri Basin Program (East-
ern Division) collected by the Western 
Area Power Administration and deposited 
into the Reclamation fund of the Treasury 
in fiscal year 2003. This payment shall be 
treated as full and complete repayment by 
the power customers of the construction 
aid-to-irrigation associated with the facili-
ties of the Savage Unit.
(b) REVOCATION OF RECLAMATION WITHDRAWALS 
AND ORDERS.—
(1) The Reclamation withdrawal established by 
Public Land Order 4711 dated October 6, 1969, for 
the Lower Yellowstone Irrigation Project in lots 1 
and 2, Section 3, T.23N., R. 59 E., is hereby re-
voked in its entirety. 
(2) The Secretarial Order of March 22, 1906, 
which was issued for irrigation works on/in lots 3 
and 4, Section 2, T. 23N., R. 59E., and the Secre-
tarial Order of August 8, 1905, which was issued for 
irrigation works in Section 2, T. 17 N., R. 56 E. 
and Section 6, T. 17 N., R. 57 E., are hereby re-
voked in their entirety.
(3) The Secretarial Orders of August 24, 1903, 
and July 27, 1908, which were issued in connection 
with the Lower Yellowstone Irrigation Project are 
revoked insofar as they affect the following lands: 
(A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, 
T.18N., R.57E.; lot 3 of Sec. 4, T.19N., 
R.58E.; lots 2 and 3 and 6 and 7 of Sec. 12, 
T.21N., R.58E.; SW1⁄4NW1⁄4
of Sec. 26, 
T.22N., R.58E; lots 1 and 4 and 7 and 
NW1⁄4SW1⁄4
of Sec. 20, T.22N., R.59E.; 
SE1⁄4NE1⁄4 of Sec. 13, T.23N., R.59E.; and lot 
2 of Sec. 18, T.24N., R.60E.; all in the Prin-
cipal Meridian, Montana. 
(B) Lot 8 of Sec. 2 and lot 1 and lot 2 
and lot 3 and NE1⁄4NE1⁄4 of Sec. 10 and lot 2 
of Sec. 11 and lot 6 of Sec. 18 and lot 3 of Sec. 
35, T.151N., R.104W.; and lot 7 of Sec. 28, 
T.152N., R.104W.; all in the Fifth Principal 
Meridian, North Dakota.
SEC. 4. REPORT. 
If any conveyance under this Act has not occurred 
within the 2-year period beginning on the date of the en-
actment of this Act in the case of a conveyance required 
to be in the first stage under section 3(a)(2), or within 
the 5-year period beginning on the date of the enactment
of this Act in the case of a conveyance required to be in 
the second stage under section 3(a)(2), the Secretary shall 
submit to the Committee on Resources of the House of 
Representatives and the Committee on Energy and Re-
sources of the Senate, by not later than 60 days after the 
end of that period, a status report on the status of the 
conveyance and the anticipated completion date of the con-
veyance. 
SEC. 5. RECREATION MANAGEMENT. 
As a condition of any conveyance of lands under sec-
tion 3, the Secretary shall require that Lower Yellowstone 
Irrigation District No. 1 and Lower Yellowstone Irrigation 
District No. 2 convey a perpetual conservation easement 
to the State of Montana, at no cost to the State, for the 
purposes of protecting, preserving, and enhancing the con-
servation values and permitting recreation on Federal 
lands to be conveyed under this Act.
SEC. 6. PROJECT PUMPING POWER. 
The Secretary—
(1) shall sustain the irrigation developments es-
tablished by the Lower Yellowstone irrigation 
project, the Intake Project, and the Savage Unit as 
components of the irrigation plan under the Pick-
Sloan Missouri River Basin Program; and
(2) shall continue to provide the irrigation dis-
tricts with Pick-Sloan Missouri River Basin Project 
Use Power at the irrigation districts’ pumping 
plants, except that—
(A) the rate shall be at the preference 
power rate; and 
(B) there shall be no ability-to-pay adjust-
ment with respect to such power. 
SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION. 
(a) IN GENERAL.—The Secretary, prior to the con-
veyance of title to the diversion works under this Act and 
in cooperation with the irrigation districts, shall provide 
fish protection devices—
(1) to prevent juvenile and adult fish from en-
tering the main canal of the Lower Yellowstone Irri-
gation Project; and 
(2) to allow bottom dwelling fish species to mi-
grate above the Project’s intake diversion dam.
(b) PARTICIPATION.—The Secretary and the Irriga-
tion Districts shall work cooperatively in planning, engi-
neering, and constructing the fish protection devices. 
(c) CONSTRUCTION SCHEDULE.—Construction of the 
fish protection devices shall be completed within 2 years 
after the date of enactment of this Act.
(d) MONITORING.—The Secretary, acting through 
the Commissioner of the Bureau of Reclamation and the 
Director of the United States Fish and Wildlife Service, 
and prior to the conveyance of title to the diversion works 
under this Act, shall establish and implement a monitoring 
plan to measure the effectiveness of the fish protection de-
vices for a minimum period of 2 years after construction 
of the devices is completed.
(e) MODIFICATIONS.—The Secretary of the Interior, 
prior to the conveyance of title to the diversion works 
under this Act, shall be responsible for modifying the de-
vices as necessary to ensure proper functioning of the de-
vices. All modifications shall be completed within 3 years 
after the devices were initially constructed.
(f) YELLOWSTONE RIVER FISHERIES PROTECTION 
DEVICES COSTS.—The cost incurred in planning, engi-
neering, constructing, monitoring, and modifying the fish 
protection devices is deemed to be nonreimbursable. 
(g) OPERATION, MAINTENANCE AND REPLACEMENTS 
RESPONSIBILITY.—Following completion of the construc-
tion period and the 2-year monitoring and modifications 
required under this section, the irrigation districts shall 
operate, maintain, and replace the fisheries protection de-
vices in a manner to ensure proper functioning.
SEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE 
BENEFITS. 
Upon conveyance of the projects under this Act, the 
irrigation districts shall not be subject to the reclamation 
laws or entitled to receive any reclamation benefits under 
those laws except as provided in section 6. 
SEC. 9. LIABILITY. 
Effective on the date of conveyance of any of the 
projects under this Act, the United States shall not be 
liable under any State or Federal law for damages of any 
kind arising out of any act, omission, or occurrence relat-
ing to the project, except for damages caused by acts of 
negligence committed by the United States or by its em-
ployees, agents, or contractors prior to the date of this 
conveyance. Nothing in this section shall be considered to 
increase the liability of the United States beyond that cur-
rently provided in chapter 171 of title 28, United States 
Code, popularly known as the Federal Tort Act. 
SEC. 10. COMPLIANCE WITH LAWS. 
As a condition of any conveyance under section 3, the 
Secretary shall, by no later than the date on which the 
conveyance occurs, complete appropriate analyses of the 
conveyance in compliance with the requirements of the 
National Environmental 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 other applicable laws.
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