I
107TH CONGRESS
2D SESSION
H. R. 4708
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
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) IN GENERAL.—The Secretary of the Interior shall
convey to the Fremont-Madison Irrigation District, Idaho,
by not later than the termination date (September 13,
2003) of the Memorandum of Agreement (Contract No.
1425–01–MA–10–3310) between the Secretary and Fre-
mont-Madison Irrigation District dated September 13,
2001, all right, title, and interest of the United States in
and to the Cross Cut Diversion Dam, the Cross Cut Canal,
and the Teton Exchange Wells.
(b) APPLICABLE REQUIREMENTS.—The Secretary
shall carry out the conveyance under this section in ac-
cordance with all applicable laws and pursuant to the
terms of the memorandum of agreement between the Dis-
trict and the Secretary (Contract No. 1425–01–MA–10–
3310).
(c) INCLUDED FACILITIES.—The Secretary shall in-
clude in the facilities conveyed under this section all right,
title, and interest of the United States in and to the ca-
nals, laterals, drains, and other components of the water
distribution and drainage system that is operated or main-
tained by the District 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, con-
sistent with section 7.
(d) TIMING.—
(1) IN GENERAL.—The Secretary shall make
the conveyances under this Act as soon as prac-
ticable after the date of the enactment of this Act
and in accordance with all applicable law.
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 per-
mit 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
District (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 fulfilled.
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 facili-
ties 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 con-
veyed facilities, 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 may be deemed to increase the li-
ability 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
within the District that are eligible to receive water from
the Minidoka Project and the Teton Basin Projects to re-
flect 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 Reclama-
tion project water beyond that which is currently author-
ized 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.
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