I 
108TH CONGRESS 
1ST SESSION H. R. 1106
To authorize the Secretary of the Interior to convey certain facilities to 
the Fremont-Madison Irrigation District in the State of Idaho. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2003
Mr. SIMPSON (for himself and Mr. OTTER) introduced the following bill; which 
was referred to the Committee on Resources 
A BILL 
To authorize the Secretary of the Interior to convey certain 
facilities to the Fremont-Madison Irrigation District in 
the State of Idaho.
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 ‘‘Fremont-Madison Con-
veyance Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(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. 
SEC. 3. CONVEYANCE OF FACILITIES. 
(a) CONVEYANCE REQUIREMENT.—The Secretary of 
the Interior shall convey to the Fremont-Madison Irriga-
tion District, Idaho, pursuant to the terms of the memo-
randum of agreement (MOA) between the District and the 
Secretary 
(Contract 
No. 
1425–0901–09MA–0910–
093310), all right, title, and interest of the United States 
in and to the canals, laterals, drains, and other compo-
nents of the water distribution and drainage system that 
is operated or maintained 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, consistent with section 8. 
(b) REPORT.—If the Secretary has not completed any 
conveyance required under this Act by September 13, 
2004, the Secretary shall, by no later than that date, sub-
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. 4. COSTS. 
(a) IN GENERAL.—The Secretary shall require, as a 
condition of the conveyance under section 3, that the Dis-
trict pay the administrative costs of the conveyance and 
related activities, including the costs of any review re-
quired under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), as described in Contract 
No. 1425–0901–09MA–0910–093310. 
(b) VALUE OF FACILITIES TO BE TRANSFERRED.—
In addition to subsection (a) the Secretary shall also re-
quire, as a condition of the conveyance under section 2, 
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. 5. TETON EXCHANGE WELLS. 
(a) CONTRACTS
AND PERMIT.—In conveying the 
Teton Exchange Wells pursuant to section 3, the Sec-
retary shall also convey to the District—
(1) Idaho Department of Water Resources per-
mit number 22–7022, including drilled wells under 
the permit, as described in Contract No. 1425–
0901–09MA–0910–093310; 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. 7–0907–0910–09W0179, dated 
September 16, 1977) is hereby extended and shall con-
tinue in full force and effect until all conditions described 
in this Act are fulfilled. 
SEC. 6. ENVIRONMENTAL REVIEW 
Prior to conveyance the Secretary shall complete all 
environmental reviews and analyses as set forth in the 
Memorandum of Agreement referenced in section 3(a). 
SEC. 7. LIABILITY. 
Effective on the date of the conveyance the United 
States shall not be liable 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. 
Nothing in this section may increase the liability of the 
United States beyond that currently provided in chapter 
171 of title 28, United States Code. 
SEC. 8. WATER SUPPLY TO DISTRICT LANDS. 
The acreage within the District eligible to receive 
water from the Minidoka Project and the Teton Basin 
Projects is increased to reflect the number of acres within 
the District as of the date of enactment of this Act, includ-
ing lands annexed into the District prior to enactment of 
this Act as contemplated by the Teton Basin Project. The 
increase in acreage does not alter deliveries authorized 
under the District’s existing water storage contracts and 
as allowed by State water law. 
SEC. 9. DROUGHT MANAGEMENT PLANNING. 
Within 60 days of enactment of this Act, in collabora-
tion with stakeholders in the Henry’s Fork watershed, the 
Secretary shall initiate a drought management planning 
process to address all water uses, including irrigation and 
the wild trout fishery, in the Henry’s Fork watershed. 
Within 18 months of enactment of this Act, the Secretary 
shall submit a report to Congress, which shall include a 
final drought management plan. 
SEC. 10. EFFECT. 
(a) IN GENERAL.—Except as provided in this Act, 
nothing in this Act affects—
(1) the rights of any person; or 
(2) any right in existence on the date of enact-
ment of this Act of the Shoshone-Bannock Tribes of 
the Fort Hall Reservation to water based on a trea-
ty, compact, executive order, agreement, the decision 
in Winters v. United States, 207 U.S. 564 (1908) 
(commonly known as the ‘‘Winters Doctrine’’), or 
law.
(b) CONVEYANCES.—Any conveyance under this Act 
shall not affect or abrogate any provision of any contract 
executed by the United States or State law regarding any 
irrigation district’s right to use water developed in the fa-
cilities conveyed.
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