I
105TH CONGRESS
2D SESSION
H. R. 3715
To authorize the Secretary of the Interior to convey the facilities of the
Pine River Project, to allow jurisdictional transfer of lands between
the Department of Agriculture, Forest Service, and the Department
of the Interior, Bureau of Reclamation, and the Bureau of Indian Affairs,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 23, 1998
Mr. MCINNIS introduced the following bill; which was referred to the
Committee on Resources
A BILL
To authorize the Secretary of the Interior to convey the
facilities of the Pine River Project, to allow jurisdictional
transfer of lands between the Department of Agriculture,
Forest Service, and the Department of the Interior, Bu-
reau of Reclamation, and the Bureau of Indian Affairs,
and for other purposes.
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 ‘‘Pine River Project
Conveyance Act’’.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Jurisdictional Map’’ means the
map entitled ‘‘Transfer of Jurisdiction—Vallecito
Reservoir, United States Department of Agriculture,
Forest Service and United States Department of the
Interior, Bureau of Reclamation and the Bureau of
Indian Affairs’’ dated March, 1998.
(2) The term ‘‘Pine River Project’’ or the
‘‘Project’’ means Vallecito Dam and Reservoir
owned by the United States and authorized in 1937
under the provisions of the Department of the Inte-
rior Appropriation Act of June 25, 1910, 36 Stat.
835; facilities appurtenant to the Dam and Res-
ervoir, including equipment, buildings, and other im-
provements; lands adjacent to the Dam and Res-
ervoir; easements and rights-of-way necessary for ac-
cess and all required connections with the Dam and
Reservoir, including those for necessary roads; and
associated personal property, including contract
rights and any and all ownership or property inter-
est in water or water rights.
(3) The term ‘‘Repayment Contract’’ means Re-
payment Contract #I1r–1204, between Reclamation
and the Pine River Irrigation District, dated April
15, 1940, and amended November 30, 1953, cover-
completion of the title transfer, said Repayment Contract
shall become null and void.
(c) TRANSACTION COSTS.—Pursuant to the April 1,
1998, Memorandum of Understanding between Reclama-
tion and the District, the District is responsible for paying
all costs associated with the title transfer. The Secretary
shall credit 50 percent of all costs incurred to fulfill the
requirements of the National Environmental Policy Act
and other Federal laws toward the Sale Price due under
section 3(b) herein, such credit not to exceed the Sale
Price.
(d) BUREAU OF INDIAN AFFAIRS INTEREST.—At the
option of the Tribe, the Secretary is authorized to convey
to the Tribe the Bureau of Indian Affairs’ undivided 1⁄6
right and interest in the Pine River Project and the water
supply made available by Vallecito Reservoir pursuant to
the Memorandum of Understanding between the Bureau
of Reclamation and the Office of Indian Affairs dated Jan-
uary 3, 1940, together with its Amendment dated July
9, 1964 (‘‘MOU’’), the Repayment Contract and decrees
in Case Nos. 1848–B and W–1603–76D, District Court,
Water Division 7, State of Colorado. In the event of such
conveyance, no additional consideration or compensation
shall be required to be paid to the United States.
(e) FEDERAL DAM USE CHARGE.—Conveyance of
Reclamation’s 5⁄6 interest in the facilities under this Act
shall result in a 5⁄6 reduction in the Federal dam use
charge assessed under section 10(e) of the Federal Power
Act for use of the hydropower potential of the facilities.
SEC. 4. JURISDICTIONAL TRANSFER OF LANDS.
(a) INUNDATED LANDS.—To provide for the consoli-
dation of lands associated with the Pine River Project to
be retained by the Forest Service and the consolidation
of lands to be transferred to the District, the administra-
tive jurisdiction of lands inundated by and along the
shoreline of Vallecito Reservoir, as shown on the Jurisdic-
tional Map, shall be transferred, as set forth below (the
‘‘Jurisdictional Transfer’’), concurrently with the convey-
ance described in section 3(a). Except as otherwise shown
on the Jurisdictional Map—
(1) for withdrawn lands (approximately 260
acres) lying below the 7,765-foot reservoir water sur-
face elevation level, the Forest Service shall transfer
an undivided 5⁄6 interest to Reclamation and an un-
divided 1⁄6 interest to the Bureau of Indian Affairs
in trust for the Tribe; and
(2) for Project acquired lands (approximately
230 acres) above the 7,765-foot reservoir water sur-
face elevation level, Reclamation and the Bureau of
Indian Affairs shall transfer their interests to the
Forest Service.
(b) MAP.—The Jurisdictional Map and legal descrip-
tions of the lands transferred pursuant to subsection (a)
above shall be on file and available for public inspection
in the offices of the Chief of the Forest Service, Depart-
ment of Agriculture, the Commissioner of Reclamation,
Department of the Interior, appropriate field offices of
those agencies, and the Committee on Resources of the
House of Representatives and the Committee on Energy
and Natural Resources of the Senate.
(c) ADMINISTRATION.—Following the Jurisdictional
Transfer:
(1) All lands that, by reason of the Jurisdic-
tional Transfer, become National Forest System
lands within the boundaries of the San Juan Na-
tional Forest, shall be administered in accordance
with the laws, rules, and regulations applicable to
the National Forest System.
(2) Reclamation withdrawals of land from the
San Juan National Forest established by Secretarial
Orders on November 9, 1936, October 14, 1937,
and June 20, 1945, together designated as Serial
No. C–28259, shall be revoked.
(3) The Forest Service shall issue perpetual
easements to the District and the Bureau of Indian
Affairs, at no cost to the District or the Bureau of
Indian Affairs, providing adequate access across all
lands subject to Forest Service jurisdiction to insure
the District and the Bureau of Indian Affairs the
ability to continue to operate and maintain the Pine
River Project.
(4) The undivided 5⁄6 interest in National For-
est System lands that, by reason of the Jurisdic-
tional Transfer is to be administered by Reclama-
tion, shall be conveyed to the District pursuant to
section 3(a).
(5) The District and the Bureau of Indian Af-
fairs shall issue perpetual easements to the Forest
Service, at no cost to the Forest Service, from Na-
tional Forest System lands to Vallecito Reservoir to
assure continued public access to Vallecito Reservoir
when the Reservoir level drops below the 7,765-foot
water surface elevation.
(6) The District and the Bureau of Indian Af-
fairs shall issue a perpetual easement to the Forest
Service, at no cost to the Forest Service, for the re-
construction, maintenance, and operation of a road
from La Plata County Road No. 501 to National
Forest System lands east of the Reservoir.
(d) VALID EXISTING RIGHTS.—Nothing in this sec-
tion shall affect any valid existing rights or interests in
any existing land use authorization, except that any such
land use authorization shall be administered by the agency
having jurisdiction over the land after the Jurisdictional
Transfer in accordance with subsection (c) and other ap-
plicable law. Renewal or reissuance of any such authoriza-
tion shall be in accordance with applicable law and the
regulations of the agency having jurisdiction, except that
the change of administrative jurisdiction shall not in itself
constitute a ground to deny the renewal or reissuance of
any such authorization.
SEC. 5. LIABILITY.
Effective on the date of the conveyance of an undi-
vided 5⁄6 right and interest in the Pine River Project to
the District, 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 such undivided 5⁄6 right
and interest, 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 shall be deemed to increase the
liability of the United States beyond that currently pro-
vided in the Federal Tort Claims Act (28 U.S.C. 2671
et seq.)
SEC. 6. COMPLETION OF CONVEYANCE.
(a) IN GENERAL.—The Secretary’s completion of the
conveyances under section 3 shall occur promptly after the
following events:
(1) Compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
and other applicable Federal and State laws.
(2) A written statement from the Southern Ute
Indian Tribe indicating the Tribe’s satisfaction that
the Tribe’s Indian Trust Assets are protected in the
conveyance described in section 3.
(3) The issuance by the Federal Energy Regu-
latory Commission of an amendment to license
#3174–001 which revises annual charges and other-
wise reflects the conveyance described in section 3.
(4) The submission of a statement by the Sec-
retary to the District, the Bureau of Indian Affairs,
and the State of Colorado on the existing condition
of Vallecito Dam based on Bureau of Reclamation’s
current knowledge and understanding.
(5) The development of an agreement between
the Bureau of Indian Affairs and the District to pre-
scribe the District’s obligation to so operate the