I
107TH CONGRESS
2D SESSION
H. R. 5039
To direct the Secretary of the Interior to convey title to certain irrigation
project property in the Humboldt Project, Nevada, to the Pershing Coun-
ty Water Conservation District, Pershing County, Lander County, and
the State of Nevada.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2002
Mr. GIBBONS introduced the following bill; which was referred to the
Committee on Resources
A BILL
To direct the Secretary of the Interior to convey title to
certain irrigation project property in the Humboldt
Project, Nevada, to the Pershing County Water Con-
servation District, Pershing County, Lander County, and
the State of Nevada.
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 ‘‘Humboldt Project Con-
veyance Act’’.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(2) STATE.—The term ‘‘State’’ means the State
of Nevada.
(3) PCWCD.—The term ‘‘PCWCD’’ means the
Pershing County Water Conservation District, a
public entity organized under the laws of the State
of Nevada.
(4) PERSHING COUNTY.—The term ‘‘Pershing
County’’ means the Pershing County government, a
political subunit of the State of Nevada.
(5) LANDER
COUNTY.—The term ‘‘Lander
County’’ means the Lander County government, a
political subunit of the State of Nevada.
SEC. 3. AUTHORITY TO CONVEY TITLE.
(a) IN GENERAL.—The Secretary shall, no later than
2 years after the date of enactment of this Act, convey,
without regard to Federal laws governing patents, all
right, title, and interest in and to the lands and features
of the Humboldt Project to PCWCD, the State, Pershing
County, and Lander County, consistent with the terms
and conditions set forth in the Memorandum of Agree-
ment between PCWCD and Lander County dated January
24, 2000, the Conceptual Agreement between PCWCD
and the State dated October 18, 2001, the Memorandum
of Agreement between the Bureau of Reclamation and
PCWCD dated ll, and the Letter of Agreement be-
tween Pershing County and the State dated April 16,
2002.
(b) COMPLIANCE WITH AGREEMENTS.—All parties
to the conveyance under subsection (a) shall comply with
the terms and conditions of the agreements cited in sub-
section (a).
(c) REPORT.—If the conveyance required by this sec-
tion has not been completed within 18 months after the
date of enactment of this Act, the Secretary shall submit
a report to the Committee on Resources of the House of
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate that describes—
(1) the status of the conveyance;
(2) any obstacles to completion of the convey-
ance; and
(3) the anticipated date for completion of the
conveyance.
SEC. 4. PAYMENT.
(a) IN GENERAL.—As consideration for any convey-
ance required by section 3, PCWCD shall pay to the
United States the net present value of miscellaneous reve-
nues associated with the lands and facilities to be con-
veyed.
(b) WITHDRAWN LANDS.—As consideration for any
conveyance of withdrawn lands required by section 3, the
entity receiving title shall pay the United States (in addi-
tion to amounts paid under subsection (a)) the fair market
value for any such lands conveyed that were withdrawn
from the public domain pursuant to the Secretarial Orders
dated March 16, 1934, and April 6, 1956.
(c) ADMINISTRATIVE COSTS.—Administrative costs
for conveyance of any land or facility under this Act shall
be paid in equal shares by the Secretary and the entity
receiving title to the land or facility, except costs identified
in subsections (d) and (e).
(d) REAL ESTATE TRANSFER COSTS.—As a condi-
tion of any conveyance of any land or facility required by
section 3, costs of all boundary surveys, title searches, ca-
dastral surveys, appraisals, and other real estate trans-
actions required for the conveyance shall be paid by the
entity receiving title to the land or facility.
(e) NEPA COSTS.—Costs associated with any review
required under the National Environmental Policy Act of
1969 for conveyance of any land or facility under section
3 shall be paid in equal shares by the Secretary and the
entity receiving title to the land or facility.
(f) COST LIMITATION.—Notwithstanding subsections
(c) and (e), the Secretary shall not require any of the enti-
ties receiving land or facilities to pay a total of more than
$40,000 in costs under subsections (c) and (e).
(g) STATE OF NEVADA.—The State shall not be re-
sponsible for any payments or costs under this section.
The State shall ensure that all lands transferred under
this Act are used for recreation, wildlife habitat, wetlands,
or resource conservation pursuant to the Conceptual
Agreement between PCWCD and the State dated October
18, 2001. If such purposes change after conveyance, title
shall either convey to the PCWCD pursuant to this Act
or the State shall make payments and pay costs pursuant
to this section.
SEC. 5. COMPLIANCE WITH OTHER LAWS.
Following the conveyance required by section 3, the
District, the State, Pershing County, and Lander County
shall, with respect to the interests conveyed, comply with
all requirements of Federal, State, and local law applicable
to non-Federal water distribution systems.
SEC. 6. REVOCATION OF WITHDRAWALS.
Effective on the date of the conveyance required by
section 3, the Secretarial Orders dated March 16, 1934,
and April 6, 1956, that withdrew public lands for the Rye
Patch Reservoir and the Humboldt Sink, are hereby re-
voked.
SEC. 7. LIABILITY.
Effective on the date of the conveyance required by
section 3, the United States shall not be held liable by
any court for damages of any kind arising out of any act,
omission, or occurrence relating to the Humboldt Project,
except for damages caused by acts of negligence com-
mitted by the United States or by its employees or agents
prior to the date of conveyance. Nothing in this section
shall be considered to increase the liability of the United
States beyond that currently provided in chapter 171 of
title 28, United States Code, popularly known as the Fed-
eral Tort Claims Act.
SEC. 8. EXISTING RIGHTS NOT AFFECTED.
Nothing in this Act shall affect the rights of any per-
son except as provided in this Act. Any conveyance under
this Act shall not affect or abrogate any provision of any
contract executed by the United States or by State law
regarding any person’s right to use water.
SEC. 9. NATIONAL ENVIRONMENTAL POLICY ACT.
Prior to conveyance the Secretary shall complete all
actions as may be required under the National Environ-
mental Policy Act of 1969 (U.S.C. 4321 et seq.).
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