I 
113TH CONGRESS 
1ST SESSION H. R. 1651 
To transfer certain facilities, easements, and rights-of-way to Fort Sumner 
Irrigation District, New Mexico. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 18, 2013 
Mr. PEARCE introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To transfer certain facilities, easements, and rights-of-way 
to Fort Sumner Irrigation District, New Mexico. 
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 ‘‘Fort Sumner Project 
Title Conveyance Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DISTRICT.—The term ‘‘District’’ means the 
Fort Sumner Irrigation District, located in De Baca 
County, New Mexico. 
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(2) FORBEARANCE
AGREEMENT.—The term 
‘‘Forbearance Agreement’’ means the contract be-
tween the United States and the District for the for-
bearance of exercising priority water rights num-
bered 08–WC–40–292 and dated August 21, 2009 
(including any amendments to that contract). 
(3) PROJECT.—The term ‘‘Project’’ means the 
Fort Sumner reclamation project. 
(4) REPAYMENT
CONTRACT.—The term ‘‘Re-
payment Contract’’ means the contract between the 
United States and the District numbered Ilr–1524 
and dated November 5, 1948 (including any supple-
ments and amendments to that contract). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) MEMORANDUM OF AGREEMENT.—The term 
‘‘Memorandum of Agreement’’ means the agreement 
entitled ‘‘Memorandum of Agreement between the 
United States and the Fort Sumner Irrigation Dis-
trict Concerning Principles and Elements of Pro-
posed Transfer of Title to Fort Sumner Irrigation 
District Facilities’’ and numbered 11–WC–40–406 
(including any amendments to that agreement). 
(7) 
TRANSFER
AGREEMENT.—The 
term 
‘‘Transfer Agreement’’ means the agreement be-
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tween the United States and the Fort Sumner Irri-
gation District that identifies the specific terms and 
conditions of the title transfer. This document will 
be completed after the requirements described in 
section 3(d) are satisfied. 
SEC. 3. CONVEYANCE. 
(a) IN GENERAL.—The Secretary is authorized to 
convey to the District all right and title of the United 
States in and to all works, land, and facilities of the 
Project, in accordance with the terms and conditions es-
tablished in the Transfer Agreement. 
(b) VALID
EXISTING
RIGHTS.—The conveyance 
under this section shall be subject to all valid existing 
leases, permits, rights-of-way, easements, and other rights 
appurtenant to the property conveyed. 
(c) COSTS OF CONVEYANCE.—The costs of the con-
veyance under this section, including the costs of environ-
mental compliance, may be shared between the United 
States and the District, in accordance with the Memo-
randum of Agreement. 
(d) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 
(1) IN GENERAL.—Before carrying out the con-
veyance under subsection (a), the Secretary shall as-
sure compliance with all applicable requirements 
under— 
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(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); and 
(C) any other law applicable to the prop-
erty conveyed. 
(2) EFFECT.—Nothing in this Act modifies or 
alters any obligation under— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); or 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(e) FAILURE TO CONVEY.—If the Secretary fails to 
complete the conveyance under this section by the date 
that is 2 years after the date of completion of the require-
ments described in subsection (d), the Secretary shall sub-
mit to Congress a report that— 
(1) explains the reasons why the conveyance 
has not been completed; and 
(2) states the date by which the conveyance will 
be completed. 
SEC. 4. LIABILITY. 
(a) IN GENERAL.—Effective on the date of the con-
veyance under section 3, the United States— 
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(1) shall have no further interest in, and shall 
have no responsibility for operating or maintaining, 
the Project; and 
(2) shall not be liable for damages of any kind 
arising out of any act, omission, or occurrence relat-
ing to the conveyed property, except for damages 
caused by acts committed by the United States or 
employees, agents, or contractors of the United 
States before the date of the conveyance. 
(b) EFFECT OF SECTION.—Nothing in this section 
increases the liability of the United States beyond the li-
ability provided under chapter 171 of title 28, United 
States Code (commonly known as the ‘‘Federal Tort 
Claims Act’’). 
SEC. 5. TERMINATION OF REPAYMENT CONTRACT. 
Effective beginning on the date of the conveyance 
under section 3— 
(1) the Repayment Contract shall terminate; 
and 
(2) the United States and the District shall 
have no obligations under the Repayment Contract. 
SEC. 6. FORBEARANCE AGREEMENT. 
(a) PAYMENT OBLIGATION.—In accordance with 
paragraph (4)(A) of the Forbearance Agreement, effective 
beginning on the date of termination of the Repayment 
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Contract under section 5. The United States shall have 
no payment obligation under paragraph (4)(A) of the For-
bearance Agreement. 
(b) OTHER TERMS
AND CONDITIONS.—All other 
terms and conditions of the Forbearance Agreement shall 
remain in full force and effect on termination of the Re-
payment Contract under section 5. 
(c) TERM.—The term of the Forbearance Agreement 
shall be not less than 10 years after the date of enactment 
of this Act, as set forth in the Memorandum of Agreement. 
SEC. 7. FUTURE BENEFITS. 
After conveyance of title under this Act— 
(1) the conveyed property shall not be consid-
ered to be a part of a Federal reclamation project; 
and 
(2) the entity to which the property is conveyed 
shall not be eligible to receive any benefits, including 
Federal project power, with respect to the conveyed 
property, except for benefits that would be available 
to a similarly situated entity with respect to prop-
erty that is not part of a Federal reclamation 
project. 
Æ 
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