H. R. 3391
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
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 Representatives 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 con-
tract numbered 04–WC-40–8950 and entitled ‘‘Agreement
Among the United States, the Provo River Water Users Associa-
tion, and the Metropolitan Water District of Salt Lake & Sandy
to Transfer Title to Certain Lands and Facilities of the Provo
River Project’’ and shall include maps of the land and features
to be conveyed under the Agreement.
(2) ASSOCIATION.—The term ‘‘Association’’ means the Provo
River Water Users Association, a nonprofit corporation orga-
nized 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 enactment
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 associated land, rights-of-
way, and facilities acquired, constructed, or improved by the
United States as part of the Provo River Project, Deer Creek
Division, extending from, and including, the Murdock Diversion
Dam at the mouth of Provo Canyon, Utah, to and including
the Provo Reservoir Canal Siphon and Penstock, as in existence
on the date of enactment of this Act.
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(6) SALT LAKE AQUEDUCT.—The term ‘‘Salt Lake Aqueduct’’
means the aqueduct and associated land, rights-of-way, and
facilities acquired, constructed 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 Res-
ervoirs located at 3300 South St. and Interstate Route 215
in Salt Lake City, Utah, as in existence on the date of enact-
ment of this Act.
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior or a designee of the Secretary.
(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 subject to subparagraph
(B), the Secretary shall convey to the Association, all right,
title, and interest 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 executes
the Agreement and accepts future arrangements entered
into by the Association, the District, the Central Utah
Water Conservancy District, and the Jordan Valley Water
Conservancy District providing for the operation, owner-
ship, financing, 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 condi-
tions of the Agreement, and subject to the execution of the
Agreement by the Secretary, 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 conveyance 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, operation, mainte-
nance, 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
H. R. 3391—3
interfere with the use, operation, 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 consultation with the District and the
Secretary of Agriculture.
(E) TRANSFER OF ADMINISTRATIVE JURISDICTION.—
(i) IN GENERAL.—On conveyance of the easement
to the land described in subparagraph (A)(ii), the Sec-
retary, 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 administered by the Secretary
of Agriculture as an administrative site.
(F) ADMINISTRATION.—The easements conveyed under
subparagraph (A) shall be administered by the Secretary
of Agriculture in accordance 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 conveyance
under subsection (a)(1), the Association shall pay the Sec-
retary an amount that is equal to the sum of—
(i) the net present value of any remaining debt
obligation of the United States with respect to the
Provo Reservoir Canal; and
(ii) the net present value of any revenues 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 subsection (a)(1); and
(II) would be deposited in the reclamation 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/Directives and
Standards PEC 03–01.
(B) DEDUCTION.—In determining the net present
values under clauses (i) and (ii) of subparagraph (A), the
Association may deduct from the net present value such
sums as are required for the reimbursement described in
the Agreement.
(2) DISTRICT.—
(A) IN
GENERAL.—In exchange for the conveyance
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 remaining debt
obligation of the United States with respect to the
Salt Lake Aqueduct; and
(ii) the net present value of any revenues from
the Salt Lake Aqueduct that, based on past history—
(I) would have been available to the United
States but for the conveyance of the Salt Lake
Aqueduct under subsection (b)(1); and
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(II) would be deposited in the reclamation 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/Directives and
Standards PEC 03–01.
(B) DEDUCTION.—In determining the net present
values under clauses (i) and (ii) of subparagraph (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 Secretary in carrying
out the conveyance; and
(2) one-half of any necessary and reasonable costs associ-
ated 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 facilities 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 CONTRACT.—Notwith-
standing the conveyances under subsections (a) and (b)(1) of section
3, and subject to the terms of the Agreement, any portion of the
Deer Creek Division, Provo River Project, Utah, that is not conveyed
under that section shall continue to be operated and maintained
by the Association, in accordance with the contract numbered I1r–
874, dated June 27, 1936, and entitled the ‘‘Contract Between
the United States and Provo River Water Users Association Pro-
viding for the Construction of the Deer Creek Division of the Provo
River Project, Utah’’.
(b) PROVO RIVER PROJECT AND JORDAN AQUEDUCT SYSTEM CON-
TRACTS.—Subject to the terms of the Agreement, any written con-
tract of the United States in existence on the date of enactment
of this Act relating to the operation and maintenance of any division
or facility of the Provo River Project or the Jordan Aqueduct System
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is confirmed and declared to be a valid contract 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 capacity rights, without additional charge
or further approval 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 transport of the water is expressly authorized
by the Central Utah Water Conservancy District;
(B) the use of the water facility to transport the Central
Utah Project water is expressly authorized by the entity
responsible for operation and maintenance of the facility;
and
(C) 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 environmental commitments for
the Bonneville Unit; or
(ii) require the release of additional Central Utah
Project water to meet those environmental commit-
ments.
(d) AUTHORIZED MODIFICATIONS.—The Agreement may provide
for—
(1) the modification of the 1936 Repayment Contract for
the Deer Creek Division of the Provo River Project to reflect
the partial prepayment, the adjustment of the annual repay-
ment amount, and the transfer of the Provo Reservoir Canal
and the Pleasant 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 benefits that would be available
to other nonreclamation facilities; and
(3) the United States shall not be liable for damages arising
out of any act, omission, or occurrence relating to the land
and facilities, but shall continue to be liable for damages caused
H. R. 3391—6
by acts of negligence committed by the United States or by
any employee or agent of the United States before the date
of conveyance, 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 conveyance;
and
(3) specifies an anticipated date for completion of the
conveyance.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.