H. R. 412
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To approve a settlement agreement between the Bureau of Reclamation and the
Oroville-Tonasket Irrigation District.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Oroville-Tonasket Claim Settle-
ment and Conveyance Act’’.
SEC. 2. PURPOSES.
The purposes of this Act are to authorize the Secretary of
the Interior to implement the provisions of the negotiated Settle-
ment Agreement including conveyance of the Project Irrigation
Works, identified as not having national importance, to the District,
and for other purposes.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ‘‘Secretary’’ means the Secretary of the
Interior.
(2) The term ‘‘Reclamation’’ means the United States
Bureau of Reclamation.
(3) The term ‘‘District’’ or ‘‘Oroville-Tonasket Irrigation
District’’ means the project beneficiary organized and operating
under the laws of the State of Washington, which is the operat-
ing and repayment entity for the Project.
(4) The term ‘‘Project’’ means the Oroville-Tonasket unit
extension, Okanogan-Similkameen division, Chief Joseph Dam
Project, Washington, constructed and rehabilitated by the
United States under the Act of September 28, 1976 (Public
Law 94–423, 90 Stat. 1324), previously authorized and
constructed under the Act of October 9, 1962 (Public Law
87–762, 76 Stat. 761), under the Federal reclamation laws
(including the Act of June 17, 1902 (ch. 1093, 32 Stat. 388),
and Acts supplementary thereto or amendatory thereof).
(5) The term ‘‘Project Irrigation Works’’ means—
(A) those works actually in existence and described
in subarticle 3(a) of the Repayment Contract, excluding
Wildlife Mitigation Facilities, and depicted on the maps
held by the District and Reclamation, consisting of the
realty with improvements and real estate interests;
(B) all equipment, parts, inventories, and tools
associated with the Project Irrigation Works realty and
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improvements and currently in the District’s possession;
and
(C) all third party agreements.
(6)(A) The term ‘‘Basic Contract’’ means Repayment
Contract No. 14–06–100–4442, dated December 26, 1964, as
amended and supplemented, between the United States and
the District;
(B) the term ‘‘Repayment Contract’’ means Repayment
Contract No. 00–7–10–W0242, dated November 28, 1979, as
amended and supplemented, between the United States and
the District; and
(C) the term ‘‘third party agreements’’ means existing
contractual duties, obligations, and responsibilities that exist
because of all leases, licenses, and easements with third-parties
related to the Project Irrigation Works, or the lands or rights-
of-way for the Project Irrigation Works, but excepting power
arrangements with the Bonneville Power Administration.
(7) The term ‘‘Wildlife Mitigation Facilities’’ means—
(A) land, improvements, or easements, or any combina-
tion thereof, secured for access to such lands, acquired
by the United States under the Fish and Wildlife Coordina-
tion Act (16 U.S.C. 661–667e); and
(B) all third party agreements associated with the land,
improvements, or easements referred to in subparagraph
(A).
(8) The term ‘‘Indian Trust Lands’’ means approximately
61 acres of lands identified on land classification maps on
file with the District and Reclamation beneficially owned by
the Confederated Tribes of the Colville Reservation (Colville
Tribes) or by individual Indians, and held in trust by the
United States for the benefit of the Colville Tribes in accordance
with the Executive Order of April 9, 1872.
(9) The term ‘‘Settlement Agreement’’ means the Agreement
made and entered on April 15, 1996, between the United States
of America acting through the Regional Director, Pacific North-
west Region, Bureau of Reclamation, and the Oroville-Tonasket
Irrigation District.
(10) The term ‘‘operations and maintenance’’ means normal
and reasonable care, control, operation, repair, replacement,
and maintenance.
SEC. 4. AGREEMENT AUTHORIZATION.
The Settlement Agreement is approved and the Secretary of
the Interior is authorized to conduct all necessary and appropriate
investigations, studies, and required Federal actions to implement
the Settlement Agreement.
SEC. 5. CONSIDERATION AND SATISFACTION OF OUTSTANDING
OBLIGATIONS.
(a) CONSIDERATION TO UNITED STATES.—Consideration by the
District to the United States in accordance with the Settlement
Agreement approved by this Act shall be—
(1) payment of $350,000 by the District to the United
States;
(2) assumption by the District of full liability and
responsibility and release of the United States of all further
responsibility, obligations, and liability for removing irrigation
facilities constructed and rehabilitated by the United States
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under the Act of October 9, 1962 (Public Law 87–762, 76
Stat. 761), or referenced in section 201 of the Act of September
28, 1976 (Public Law 94–423, 90 Stat. 1324), and identified
in Article 3(a)(8) of the Repayment Contract;
(3) assumption by the District of sole and absolute
responsibility for the operations and maintenance of the Project
Irrigation Works;
(4) release and discharge by the District as to the United
States from all past and future claims, whether now known
or unknown, arising from or in any way related to the Project,
including any arising from the Project Irrigation Works con-
structed pursuant to the 1964 Basic Contract or the 1979
Repayment Contract;
(5) assumption by the District of full responsibility to
indemnify and defend the United States against any third
party claims associated with any aspect of the Project, except
for that claim known as the Grillo Claim, government contractor
construction claims accruing at any time, and any other suits
or claims filed as of the date of the Settlement Agreement;
and
(6) continued obligation by the District to deliver water
to and provide for operations and maintenance of the Wildlife
Mitigation Facilities at its own expense in accordance with
the Settlement Agreement.
(b) RESPONSIBILITIES OF UNITED STATES.—In return the United
States shall—
(1) release and discharge the District’s obligation, including
any delinquent or accrued payments, or assessments of any
nature under the 1979 Repayment Contract, including the
unpaid obligation of the 1964 Basic Contract;
(2) transfer title of the Project Irrigation Works to the
District;
(3) assign to the District all third party agreements associ-
ated with the Project Irrigation Works;
(4) continue power deliveries provided under section 6 of
this Act; and
(5) assume full responsibility to indemnify and defend the
District against any claim known as the Grillo Claim, govern-
ment contractor construction claims accruing at any time, and
any other suits or claims filed against the United States as
of the date of the Settlement Agreement.
(c) PROJECT
CONSTRUCTION
COSTS.—The transfer of title
authorized by this Act shall not affect the timing or amount of
the obligation of the Bonneville Power Administration for the repay-
ment of construction costs incurred by the Federal government
under section 202 of the Act of September 28, 1976 (90 Stat.
1324, 1326) that the Secretary of the Interior has determined to
be beyond the ability of the irrigators to pay. The obligation shall
remain charged to, and be returned to the Reclamation Fund as
provided for in section 2 of the Act of June 14, 1966 (80 Stat.
200) as amended by section 6 of the Act of September 7, 1966
(80 Stat. 707, 714).
SEC. 6. POWER.
Nothing in this Act shall be construed as having any affect
on power arrangements under Public Law 94–423 (90 Stat. 1324).
The United States shall continue to provide to the District power
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and energy for irrigation water pumping for the Project, including
Dairy Point Pumping Plant. However, the amount and term of
reserved power shall not exceed, respectively—
(1) 27,100,000 kilowatt hours per year; and
(2) 50 years commencing October 18, 1990.
The rate that the District shall pay the Secretary for such reserved
power shall continue to reflect full recovery of Bonneville Power
Administration transmission costs.
SEC. 7. CONVEYANCE.
(a) CONVEYANCE OF INTERESTS OF UNITED STATES.—Subject
to valid existing rights, the Secretary is authorized to convey all
right, title, and interest, without warranties, of the United States
in and to all Project Irrigation Works to the District. In the event
a significant cultural resource or hazardous waste site is identified,
the Secretary is authorized to defer or delay transfer of title to
any parcel until required Federal action is completed.
(b) RETENTION OF TITLE TO WILDLIFE MITIGATION FACILITIES.—
The Secretary will retain title to the Wildlife Mitigation Facilities.
The District shall remain obligated to deliver water to and provide
for the operations and maintenance of the Wildlife Mitigation
Facilities at its own expense in accordance with the Settlement
Agreement.
(c) RESERVATION.—The transfer of rights and interests pursuant
to subsection (a) shall reserve to the United States all oil, gas,
and other mineral deposits and a perpetual right to existing public
access open to public fishing, hunting, and other outdoor recreation
purposes, and such other existing public uses.
SEC. 8. REPAYMENT CONTRACT.
Upon conveyance of title to the Project Irrigation Works not-
withstanding any parcels delayed in accordance with section 7(a),
the 1964 Basic Contract, and the 1979 Repayment Contract between
the District and Reclamation, shall be terminated and of no further
force or effect.
SEC. 9. INDIAN TRUST RESPONSIBILITIES.
The District shall remain obligated to deliver water under
appropriate water service contracts to Indian Trust Lands upon
request from the owners or lessees of such land.
SEC. 10. LIABILITY.
Upon completion of the conveyance of Project Irrigation Works
under this Act, the District shall—
(1) be liable for all acts or omissions relating to the oper-
ation and use of the Project Irrigation Works that occur before
or after the conveyance except for the Grillo Claim, government
contractor construction claims accruing at any time, and any
other suits or claims filed as of the date of the Settlement
Agreement;
(2) absolve the United States and its officers and agents
of responsibility and liability for the design and construction
including latent defects associated with the Project; and
(3) assume responsibility to indemnify and defend the
United States against all claims whether now known or
unknown and including those of third party claims associated
with, arising from, or in any way related to, the Project except
for the Grillo Claim, government contractor construction claims
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accruing at any time, and any other suits or claims filed as
of the date of the Settlement Agreement.
SEC. 11. CERTAIN ACTS NOT APPLICABLE AND TERMINATION OF
MANDATES.
(a) RECLAMATION
LAWS.—All mandates imposed by the
Reclamation Act of 1902, and all Acts supplementary thereto or
amendatory thereof, including the Reclamation Reform Act of 1982,
upon the Project Irrigation Works shall be terminated upon the
completion of the transfers as provided by this Act and the Settle-
ment Agreement.
(b) RELATIONSHIP
TO
OTHER
LAWS.—The transfer of title
authorized by this Act shall not—
(1) be subject to the provisions of chapter 5 of title 5,
United States Code (commonly known as the ‘‘Administrative
Procedure Act’’); or
(2) be considered a disposal of surplus property under
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 471 et seq.) and the Surplus Property Act of 1944
(50 U.S.C. App. 1601 et seq.).
(c) DEAUTHORIZATION.—Effective upon transfer of title to the
District under this Act, that portion of the Oroville-Tonasket Unit
Extension, Okanogan-Similkameen Division, Chief Joseph Dam
Project, Washington, referred to in section 7(a) as the Project
Irrigation Works is hereby deauthorized. After transfer of title,
the District shall not be entitled to receive any further Reclamation
benefits pursuant to the Reclamation Act of June 17, 1902, and
Act supplementary thereto or amendatory thereof.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.