IB
Union Calendar No. 389
107TH CONGRESS
2D SESSION
H. R. 4708
[Report No. 107–641]
To authorize the Secretary of the Interior to convey certain facilities to
the Fremont-Madison Irrigation District.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 2002
Mr. SIMPSON (for himself and Mr. OTTER) introduced the following bill; which
was referred to the Committee on Resources
SEPTEMBER 5, 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 May 9, 2002]
A BILL
To authorize the Secretary of the Interior to convey certain
facilities to the Fremont-Madison Irrigation District.
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. CONVEYANCE OF FACILITIES.
(a) CONVEYANCE REQUIREMENT.—The Secretary of
the Interior shall convey to the Fremont-Madison Irrigation
District, Idaho, as soon as practicable after the date of en-
actment of this Act and in accordance with all applicable
law and pursuant to the terms of the memorandum of agree-
ment between the District and the Secretary (Contract No.
1425–01–MA–10–3310). The Secretary shall include in the
facilities conveyed under this section all right, title, and
interest of the United States in and to the canals, laterals,
drains, and other components of the water distribution and
drainage system that is operated or maintained by the Dis-
trict 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 sec-
tion 7.
(b) REPORT.—If the Secretary has not completed any
conveyance required under this Act by September 13, 2003,
the Secretary shall, by no later than that date, submit a
report to the Congress explaining the reasons that convey-
ance has not been completed and stating the date by which
the conveyance will be completed.
SEC. 3. COSTS.
(a) IN GENERAL.—The Secretary shall require, as a
condition of the conveyance under section 2, that the Dis-
trict pay the administrative costs of the conveyance and re-
lated activities, including the costs of any review required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) as described in Contract No. 1425–
01–MA–10–3310.
(b) VALUE OF FACILITIES TO BE TRANSFERRED.—In
addition to subsection (a) the Secretary shall also require,
as condition of the conveyance under section 2, that the Dis-
trict 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. 4. TETON EXCHANGE WELLS.
(a) CONTRACTS AND PERMIT.—In conveying the Teton
Exchange Wells under section 2, the Secretary shall also
convey to the District—
(1) Idaho Department of Water Resources permit
number 22–7022, including drilled wells under the
permit, as described in Contract No. 1425–01–MA–
10–3310; and
(2) all equipment appurtenant to such wells.
(b) EXTENSION OF WATER SERVICE CONTRACT.—The
water service contract between the Secretary and the Dis-
trict (Contract No. 7–07–10–W0179, dated September 16,
1977) is hereby extended and shall continue in full force
and effect until all conditions described in this Act are ful-
filled.
SEC. 5. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
Prior to conveyance the Secretary shall complete all
actions as may be required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 6. LIABILITY.
Effective on the date of the conveyance of the facilities
described in section 2, 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 conveyed
facilities, except for damages caused by acts of negligence
committed by the United States or by its employees, agents,
or contractors prior to the date of conveyance. Nothing in
this section may be deemed 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 Claims Act.
SEC. 7. WATER SUPPLY TO DISTRICT LANDS.
The Secretary shall increase the number of acres with-
in the District that are eligible to receive water from the
Minidoka Project and the Teton Basin Projects to reflect
the number of acres within the District as of the date of
enactment of this Act, which includes lands annexed into
the District prior to enactment of this Act as intended by
the Teton Basin Project. This section does not in any way
authorize the use of any additional Federal Reclamation
project water beyond that which is currently authorized
under their existing water storage contracts and as allowed
by State water law.
SEC. 8. EXISTING RIGHTS NOT AFFECTED.
Nothing in this Act affects the rights of any person
except as provided in this Act. Any conveyance under this
Act shall not affect or abrogate any provision of any con-
tract executed by the United States or State law regarding
any irrigation district’s right to use water developed in the
facilities conveyed.
SEC. 9. 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.
Union Calendar No. 389
107TH CONGRESS
2D SESSION
H. R. 4708
[Report No. 107–641]
A BILL
To authorize the Secretary of the Interior to convey
certain facilities to the Fremont-Madison Irriga-
tion District.
SEPTEMBER 5, 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