IB 
Union Calendar No. 475
107TH CONGRESS 
2D SESSION 
H. R. 2202
[Report No. 107–760] 
To convey the Lower Yellowstone Irrigation Project, the Savage Unit of 
the Pick-Sloan Missouri Basin Program, and the Intake Irrigation 
Project to the pertinent irrigation districts. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2001
Mr. REHBERG introduced the following bill; which was referred to the 
Committee on Resources 
OCTOBER 16, 2002
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 14, 2001] 
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 pertinent irriga-
tion 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 Rec-
lamation Projects Conveyance Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 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 Intake 
Project. 
(2) 
INTAKE
PROJECT.—The 
term 
‘‘Intake 
Project’’ means the Federal irrigation development 
operated by the Intake Irrigation District and au-
thorized under the terms of the Act of August 11, 1939 
(chapter 717; 53 Stat. 1418). 
(3) 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. 
(4) LOWER YELLOWSTONE IRRIGATION DISTRICT 
NO. 1.—The term ‘‘Lower Yellowstone Irrigation Dis-
trict 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 Yellow-
stone Irrigation Project located in the State of Mon-
tana. 
(5) LOWER YELLOWSTONE IRRIGATION DISTRICT 
NO. 2.—The term ‘‘Lower Yellowstone Irrigation Dis-
trict No. 2’’ means the irrigation district by that 
name organized under the laws of the State of North 
Dakota and operates the part of the Lower Yellow-
stone Irrigation Project located in the State of North 
Dakota. 
(6) 
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). 
(7) 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. 
(8) PICK-SLOAN
MISSOURI
BASIN
PROGRAM.—
The term ‘‘Pick-Sloan Missouri Basin Program’’ 
means the comprehensive Federal program for multi-
purpose benefits within the Missouri River Basin in-
cluding 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). 
(9) 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. 
(10) PROJECTS.—The term ‘‘Projects’’ means—
(A) 
the 
Lower 
Yellowstone 
Irrigation 
Project; 
(B) the Intake Project; and 
(C) the Savage Unit. 
(11) 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 Savage 
Unit.
(B) MINERAL RIGHTS.—Conveyance of all 
lands herein described shall be subject to a res-
ervation by the United States reserving all min-
erals of a nature whatsoever, excluding sand and 
gravel, and subject to oil, gas, and other mineral 
rights heretofore reserved of record by or in favor 
of third parties. 
(3) WATER RIGHTS.—The Secretary shall trans-
fer to the respective Irrigation Districts in accordance 
with and subject to the law of the State of Montana, 
all natural flow, wastewater, seepage, return flow, do-
mestic water, stock water, and groundwater rights 
held in part or wholly in the name of the United 
States that are used to serve the lands within the Irri-
gation Districts. 
(4) COSTS.—
(A) RECLAMATION
WITHDRAWN
LANDS.—
The Irrigation Districts shall purchase Reclama-
tion withdrawn lands as identified in the Memo-
randum of Understanding for their value in pro-
viding operation and maintenance benefits to the 
Irrigation Districts. 
(B) SAVAGE
UNIT
REPAYMENT
OBLIGA-
TIONS.—
(i) SAVAGE IRRIGATION DISTRICT.—As 
a condition of transfer, the Secretary shall 
receive an amount from the Savage Irriga-
tion District equal to the present value of 
the remaining water supply repayment obli-
gation of $60,480 that shall be treated as 
full payment under Contract Number I1r–
1525, as amended and as extended by Con-
tract No. 9–07–60–W0770. 
(ii) PICK-SLOAN MISSOURI BASIN PRO-
GRAM
CONSTRUCTION
OBLIGATION.—As a 
condition of transfer, the Secretary shall ac-
cept $94,727 as payment from the Pick-
Sloan Missouri Basin Program (Eastern 
Division) power customers under the terms 
specified in this section, as consideration for 
the conveyance under this subsection. This 
payment shall be out of the receipts from 
the sale of power from the Pick-Sloan Mis-
souri Basin Program (Eastern Division) 
collected by the Western Area Power Admin-
istration and deposited into the Reclama-
tion fund of the Treasury in fiscal year 
2003. This payment shall be treated as full 
and complete payment by the power cus-
tomers of the construction aid-to-irrigation 
associated with the facilities 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 revoked in 
its entirety. 
(2) The Secretarial Order of March 22, 1906, 
which was issued for irrigation works on lots 3 and 
4 section 2, T. 23N., R. 59E., and Secretarial 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 revoked in their en-
tirety. 
(3) The Secretarial Order of August 24, 1903, 
and July 27, 1908, which were issued in connection 
with the Lower Yellowstone Irrigation Project, are re-
voked 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 Principal 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 the conveyance under this Act has not occurred with-
in 2 years after the date of the enactment of this Act, the 
Secretary shall submit to the Congress a status report. 
SEC. 5. RECREATION MANAGEMENT. 
As a condition of the conveyance of lands under section 
3, the Secretary shall require that Lower Yellowstone Irri-
gation 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 pur-
poses of protecting, preserving, and enhancing the conserva-
tion values and permitting recreation on Federal lands in 
part to be conveyed under this Act. Lower Yellowstone Irri-
gation District No. 1, Lower Yellowstone Irrigation District
No. 2, and the State of Montana have mutually agreed upon 
such conservation easement. 
SEC. 6. PROJECT PUMPING POWER. 
The Secretary shall sustain the irrigation develop-
ments established by the Lower Yellowstone and Intake 
Projects and the Savage Unit as components of the irriga-
tion plan under the Pick-Sloan Missouri River Basin Pro-
gram and shall continue to provide the Irrigation Districts 
with Pick-Sloan Missouri River Basin Project Use power 
at the Irrigation Districts’ pumping plants, except that the 
rate shall be at the preference power rate and there shall 
be no ability-to-pay adjustment. 
SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION. 
(a) GENERAL.—As a condition of transfer, the Sec-
retary, prior to the conveyances under section 3 and in co-
operation with the Irrigation Districts, shall provide fish 
protection devices to prevent juvenile and adult fish from 
entering the Main Canal of the Lower Yellowstone Irriga-
tion Project and allow bottom dwelling fish species to mi-
grate above the Project’s Intake Diversion Dam. 
(b) PARTICIPATION.—The Secretary and the Irrigation 
District shall work cooperatively in planning, engineering, 
and constructing the fish protection devices. 
(c) MONITORING.—The Secretary, acting through the 
Commissioner of the Bureau of Reclamation and the Direc-
tor of the United States Fish and Wildlife Service, shall 
establish and conduct a monitoring plan to measure the ef-
fectiveness of the devices for a minimum of 2 years after 
construction is completed. The Commissioner of the Bureau 
of Reclamation shall be responsible to modify the devices 
as necessary to ensure proper functioning. 
(d) YELLOWSTONE RIVER FISHERIES PROTECTION 
DEVICES COSTS.—The cost incurred in planning, engineer-
ing, constructing, monitoring, and modifying all fish pro-
tection devices shall be deemed non-reimbursable. 
(e) 
OPERATION, 
MAINTENANCE
AND
REPLACE-
MENTS.—Following completion of the construction period 
and the two-year monitoring period, the Districts shall op-
erate, maintain, and replace the fisheries protection devices 
in a manner to ensure proper functioning. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to implement this section. 
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 a project 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 relating to the projects, 
except for damages caused by acts of negligence committed 
by the United States or by its employees, agents, or contrac-
tors prior to the date of this 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 Federal Tort Act. 
SEC. 10. COMPLIANCE WITH LAWS. 
As a condition of the conveyances under section 3, the 
Secretary shall by no later than the date on which the con-
veyances occur complete appropriate analyses of the trans-
fer in compliance with the requirements of the National En-
vironmental 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.
Union Calendar No. 475
107TH CONGRESS 
2D SESSION 
H. R. 2202
[Report No. 107–760] 
A BILL 
To convey the Lower Yellowstone Irrigation 
Project, the Savage Unit of the Pick-Sloan Mis-
souri Basin Program, and the Intake Irrigation 
Project to the pertinent irrigation districts. 
OCTOBER 16, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed