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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 Met-
ropolitan 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 Agree-
ment. 
(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, lo-
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cated 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 Associa-
tion on the parcel of land described in subpara-
graph (A). 
(5) PROVO
RESERVOIR
CANAL.—The term 
‘‘Provo Reservoir Canal’’ means the canal, and any 
associated land, rights-of-way, and facilities ac-
quired, 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 Can-
yon, Utah, to and including 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, ex-
tending from, and including, the Salt Lake Aqueduct 
Intake at the base of Deer Creek Dam to and in-
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cluding 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 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 ac-
cepts future arrangements entered into by the 
Association, the District, the Central Utah 
Water Conservancy District, and the Jordan 
Valley Water Conservancy District providing for
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the operation, ownership, financing, and im-
provement of the Provo Reservoir Canal. 
(2) PLEASANT GROVE PROPERTY.—In accord-
ance with the terms and conditions of the Agree-
ment, 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, 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 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 lo-
cated; 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 sec-
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tion 104(a) of Public Law 107–329 (116 
Stat. 2816). 
(B) PURPOSE.—The easements conveyed 
under subparagraph (A) shall be for the use, 
operation, 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, operation, maintenance, repair, improve-
ment, or replacement of the Salt Lake Aque-
duct 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 and the Secretary of 
Agriculture. 
(E) 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 Sec-
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retary of Agriculture administrative juris-
diction over the land. 
(ii) ADMINISTRATIVE SITE.—The land 
transferred under clause (i) shall be ad-
ministered by the Secretary of Agriculture 
as an administrative site. 
(F) 
ADMINISTRATION.—The 
easements 
conveyed under subparagraph (A) shall be ad-
ministered by the Secretary of Agriculture in 
accordance with section 501(b)(3) of the Fed-
eral 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 Asso-
ciation 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—
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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 
associated 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 Sec-
retary 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
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(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, 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 main-
tained 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 Providing for the Construction 
of the Deer Creek Division of the Provo River Project, 
Utah’’. 
(b) PROVO RIVER PROJECT AND JORDAN AQUEDUCT 
SYSTEM CONTRACTS.—Subject to the terms of the Agree-
ment, any written contract of the United States in exist-
ence on the date of enactment of this Act relating to the
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operation and maintenance of any division or facility of 
the Provo River Project or the Jordan Aqueduct System 
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 fur-
ther approval from the Secretary, to transport Cen-
tral 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 Conser-
vancy District; 
(B) the use of the water facility to trans-
port the Central Utah Project water is ex-
pressly authorized by the entity responsible for 
operation and maintenance of the facility; and
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(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 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 
Contract for the Deer Creek Division of the Provo 
River Project to reflect the partial prepayment, the 
adjustment of the annual repayment 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 pay-
out and transfer of all facilities of the Aqueduct 
Divsion.
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(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 Res-
ervoir Canal. 
SEC. 5. EFFECT OF CONVEYANCE. 
On conveyance of any land or facility under sub-
section (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 nonreclama-
tion facilities; and 
(3) the United States shall not be liable for 
damages arising out of any act, omission, or occur-
rence 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 conveyance, consistent with chapter 171 of 
title 28, United States Code.
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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. 
Passed the House of Representatives October 4, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.