IB 
Union Calendar No. 395
107TH CONGRESS 
2D SESSION 
H. R. 5039
[Report No. 107–648] 
To direct the Secretary of the Interior to convey title to certain irrigation 
project property in the Humboldt Project, Nevada, to the Pershing Coun-
ty Water Conservation District, Pershing County, Lander County, and 
the State of Nevada. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2002
Mr. GIBBONS introduced the following bill; which was referred to the 
Committee on Resources 
SEPTEMBER 9, 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 27, 2002] 
A BILL 
To direct the Secretary of the Interior to convey title to 
certain irrigation project property in the Humboldt 
Project, Nevada, to the Pershing County Water Con-
servation District, Pershing County, Lander County, and 
the State of Nevada.
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 ‘‘Humboldt Project Con-
veyance Act’’. 
SEC. 2. DEFINITIONS. 
For purposes of this Act: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(2) STATE.—The term ‘‘State’’ means the State 
of Nevada. 
(3) PCWCD.—The term ‘‘PCWCD’’ means the 
Pershing County Water Conservation District, a pub-
lic entity organized under the laws of the State of Ne-
vada. 
(4) PERSHING
COUNTY.—The term ‘‘Pershing 
County’’ means the Pershing County government, a 
political subunit of the State of Nevada. 
(5) LANDER COUNTY.—The term ‘‘Lander Coun-
ty’’ means the Lander County government, a political 
subunit of the State of Nevada. 
SEC. 3. AUTHORITY TO CONVEY TITLE. 
(a) IN GENERAL.—The Secretary shall, as soon as 
practicable after the date of enactment of this Act, convey, 
all right, title, and interest in and to the lands and features
of the Humboldt Project, including all water rights for stor-
age and diversion, to PCWCD, the State, Pershing County, 
and Lander County, consistent with the terms and condi-
tions set forth in the Memorandum of Agreement between 
PCWCD and Lander County dated January 24, 2000, the 
Conceptual Agreement between PCWCD and the State dated 
October 18, 2001, and the Letter of Agreement between Per-
shing County and the State dated April 16, 2002. 
(b) COMPLIANCE WITH AGREEMENTS.—All parties to 
the conveyance under subsection (a) shall comply with the 
terms and conditions of the agreements cited in subsection 
(a). 
(c) REPORT.—If the conveyance required by this sec-
tion has not been completed within 18 months after the date 
of enactment of this Act, the Secretary shall submit a report 
to the Committee on Resources of the House of Representa-
tives and the Committee on Energy and Natural Resources 
of the Senate that describes—
(1) the status of the conveyance; 
(2) any obstacles to completion of the convey-
ance; and 
(3) the anticipated date for completion of the 
conveyance.
SEC. 4. PAYMENT. 
(a) IN GENERAL.—As consideration for any convey-
ance required by section 3, PCWCD shall pay to the United 
States the net present value of miscellaneous revenues asso-
ciated with the lands and facilities to be conveyed. 
(b) WITHDRAWN LANDS.—As consideration for any 
conveyance of withdrawn lands required by section 3, the 
entity receiving title shall pay the United States (in addi-
tion to amounts paid under subsection (a)) the fair market 
value for any such lands conveyed that were withdrawn 
from the public domain pursuant to the Secretarial Orders 
dated March 16, 1934, and April 6, 1956. 
(c) ADMINISTRATIVE COSTS.—Administrative costs for 
conveyance of any land or facility under this Act shall be 
paid in equal shares by the Secretary and the entity receiv-
ing title to the land or facility, except costs identified in 
subsections (d) and (e). 
(d) REAL ESTATE TRANSFER COSTS.—As a condition 
of any conveyance of any land or facility required by sec-
tion 3, costs of all boundary surveys, title searches, cadas-
tral surveys, appraisals, and other real estate transactions 
required for the conveyance shall be paid by the entity re-
ceiving title to the land or facility. 
(e) NEPA COSTS.—Costs associated with any review 
required under the National Environmental Policy Act of 
1969 for conveyance of any land or facility under section
3 shall be paid in equal shares by the Secretary and the 
entity receiving title to the land or facility. 
(f) STATE OF NEVADA.—The State shall not be respon-
sible for any payments for land or facilities under this sec-
tion. Any proposal by the State to reconvey to another enti-
ty land conveyed by the Secretary under this Act shall be 
pursuant to an agreement with the Secretary providing for 
fair market value to the United States for the lands, and 
for continued management of the lands for recreation, wild-
life habitat, wetlands, or resource conservation. 
SEC. 5. COMPLIANCE WITH OTHER LAWS. 
Following the conveyance required by section 3, the 
district, the State, Pershing County, and Lander County 
shall, with respect to the interests conveyed, comply with 
all requirements of Federal, State, and local law applicable 
to non-Federal water distribution systems. 
SEC. 6. REVOCATION OF WITHDRAWALS. 
Effective on the date of the conveyance required by sec-
tion 3, the Secretarial Orders dated March 16, 1934, and 
April 6, 1956, that withdrew public lands for the Rye Patch 
Reservoir and the Humboldt Sink, are hereby revoked. 
SEC. 7. LIABILITY. 
Effective on the date of the conveyance required by sec-
tion 3, the United States shall not be held liable by any 
court for damages of any kind arising out of any act, omis-
sion, or occurrence relating to the Humboldt Project, except 
for damages caused by acts of negligence committed by the 
United States or by its employees or agents prior to the 
date of conveyance. Nothing in this section shall be consid-
ered 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. 8. NATIONAL ENVIRONMENTAL POLICY ACT. 
Prior to conveyance the Secretary shall complete all 
actions as may be required under the National Environ-
mental Policy Act of 1969 (U.S.C. 4321 et seq.). 
SEC. 9. FUTURE BENEFITS. 
Upon conveyance of the lands and facilities by the Sec-
retary under this Act, the Humboldt Project shall no longer 
be a Federal reclamation project and the district shall not 
be entitled to receive any future reclamation benefits with 
respect to that project, except those benefits that would be 
available to other nonreclamation districts.