(3) The term the ‘‘Project’’ means Vallecito Dam
and Reservoir, and associated interests, owned by the
United States and authorized in 1937 under the pro-
visions of the Department of the Interior Appropria-
tion Act of June 25, 1910 (36 Stat. 835).
(4) 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, all
amendments thereto, and changes pursuant to the Act
of July 27, 1954 (68 Stat. 534).
(5) The term ‘‘Tribe’’ means the Southern Ute
Indian Tribe, a federally recognized Indian tribe lo-
cated on the Southern Ute Indian Reservation, La
Plata County, Colorado.
(6) 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.
SEC. 803. CONVEYANCE OF PROJECT.
(a) CONVEYANCE TO DISTRICT.—
(1) IN GENERAL.—In consideration of the Dis-
trict accepting the obligations of the Federal Govern-
ment for the Project and subject to the completion of
payments by the District required under subsection
(b)(3) and occurrence of the events described in para-
graphs (2) and (3) of this subsection, the Secretary
shall convey an undivided 5⁄6 interest in the Project
to the District.
(2) SUBMISSION OF MANAGEMENT PLAN.—Prior
to any conveyance under paragraph (1), the District
shall submit to the Secretary a plan to manage the
Project in a manner substantially similar to the
manner in which it was managed prior to the trans-
fer and in accordance with applicable Federal and
State laws, including provisions—
(A) protecting the interests in the Project
held by the Bureau of Indian Affairs for the
Tribe;
(B) preserving public access and rec-
reational values and preventing growth on cer-
tain lands to be conveyed hereunder, as set forth
in an Agreement dated March 20, 1998, between
the District and residents of Vallecito Reservoir;
and
(C) ensuring that any future change in the
use of the water supplied by Vallecito Reservoir
shall comply with applicable law.
(3) LIMITATION.—No interest in the Project shall
convey under this subsection before the date on which
the Secretary receives a copy of a resolution adopted
by the Tribe declaring that the terms of the convey-
ance protects the Indian trust assets of the Tribe.
(b) DEADLINE.—
(1) IN GENERAL.—If no changes in Project oper-
ations are expected following the conveyance under
subsection (a), the Secretary shall complete the con-
veyance under subsection (a) expeditiously, but not
later than 180 days after the date of the enactment
of this Act.
(2) DEADLINE IF CHANGES IN OPERATIONS IN-
TENDED.—If the District intends to change Project
operations as a result of the conveyance under sub-
section (a), the Secretary—
(A) shall take into account those potential
changes for the purpose of completing any re-
quired environmental evaluation associated with
the conveyance; and
(B) shall complete the conveyance by not
later than 2 years after the date of the enactment
of this Act.
(3) ADMINISTRATIVE COSTS OF CONVEYANCE.—If
the District submits a plan in accordance with sub-
section (a)(2) and the Secretary receives a copy of a
resolution described in subsection (a)(3), and the Sec-
retary fails to complete the conveyance under sub-
section (a) before the applicable deadline under para-
graph (1) or (2), the full cost of administrative action
and environmental compliance for the conveyance
shall be borne by the Secretary. If the Secretary com-
pletes the conveyance before that deadline, 1⁄2 of such
cost shall be paid by the District.
(c) TRIBAL INTERESTS.—At the option of the Tribe,
the Secretary shall convey to the Tribe an undivided 1⁄6 in-
terest in the Project, all interests in lands over which the
Bureau of Indian Affairs holds administrative jurisdiction
under section 804(e)(1)(A), and water rights associated
with those interests. No consideration or compensation shall
be required to be paid to the United States for such convey-
ance.
(d) RESTRICTION ON PARTITION.—Any conveyance of
interests in lands under this title shall be subject to the pro-
hibition that those interests in those lands may not be parti-
tioned. Any quit claim deed or patent evidencing such a
conveyance shall expressly prohibit partitioning.
SEC. 804. RELATIONSHIP TO EXISTING OPERATIONS.
(a) IN GENERAL.—Nothing in this title shall be con-
strued as significantly expanding or otherwise changing the
use or operation of the Project from its current use and
operation.
(b) DESCRIPTION OF EXISTING CONDITION.—The Sec-
retary shall submit to the District, the Bureau of Indian
Affairs, and the State of Colorado a description of the exist-
ing condition of Vallecito Dam based on Bureau of Rec-
lamation’s current knowledge and understanding.
(c) FUTURE ALTERATIONS.—If the District alters the
operations or uses of the Project it shall comply with all
applicable laws or regulations governing such changes at
that time.
(d) FLOOD CONTROL PLAN.—The District shall work
with Corps of Engineers to develop a flood control plan for
the operation of Vallecito Dam for flood control purposes.
(e) JURISDICTIONAL TRANSFER OF LANDS.—
(1) INUNDATED LANDS.—To provide for the con-
solidation of lands associated with the Project to be
retained by the Forest Service and the consolidation
of lands to be transferred to the District, the adminis-
trative jurisdiction of lands inundated by and along
the shoreline of Vallecito Reservoir, as shown on the
Jurisdictional Map, shall be transferred, as set forth
in this subsection, concurrently with any conveyance
under section 803. Except as otherwise shown on the
Jurisdictional Map—
(A) for withdrawn lands (approximately
260 acres) lying below the 7,665-foot reservoir
water surface elevation level, the Forest Service
shall transfer an undivided 5⁄6 interest to the Bu-
reau of Reclamation and an undivided 1⁄6 inter-
est to the Bureau of Indian Affairs in trust for
the Tribe; and
(B) for Project acquired lands (approxi-
mately 230 acres) above the 7,665-foot reservoir
water surface elevation level, the Bureau of Rec-
lamation and the Bureau of Indian Affairs shall
transfer their interests to the Forest Service.
(2) MAP.—The Jurisdictional Map and legal de-
scriptions of the lands transferred pursuant to para-
graph (1) shall be on file and available for public in-
spection in the offices of the Chief of the Forest Serv-
ice, the Commissioner of Reclamation, 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.
(3) ADMINISTRATION.—Following the transfer of
administrative jurisdiction under paragraph (1):
(A) All lands that, by reason of the transfer
of administrative jurisdiction under paragraph
(1), become National Forest System lands within
the boundaries of the San Juan National Forest,
shall be administered in accordance with the
laws, rules, and regulations applicable to the Na-
tional Forest System.
(B) Bureau of Reclamation withdrawals of
land from the San Juan National Forest estab-
lished by Secretarial Orders on November 9,
1936, October 14, 1937, and June 20, 1945, to-
gether designated as Serial No. C–28259, shall be
revoked.
(C) The Forest Service shall issue perpetual
easements to the District and the Bureau of In-
dian Affairs, at no cost to the District or the Bu-
reau of Indian Affairs, providing adequate access
across all lands subject to Forest Service jurisdic-
tion to insure the District and the Bureau of In-
dian Affairs the ability to continue to operate
and maintain the Project.
(D) The undivided 5⁄6 interest in National
Forest System lands that, by reason of the trans-
fer of administrative jurisdiction under para-
graph (1) is to be administered by Bureau of
Reclamation, shall be conveyed to the District
pursuant to section 803.
ing jurisdiction, except that the change of administra-
tive jurisdiction shall not in itself constitute a ground
to deny the renewal or reissuance of any such author-
ization.
(f) FEDERAL DAM CHARGE.—Nothing in this title
shall relieve the holder of the Federal Energy Regulatory
Commission license for Vallecito Dam in effect on the date
of the enactment of this Act from the obligation to make
payments under section 10(e)(2) of the Federal Power Act
during the term of the license.
SEC. 805. RELATIONSHIP TO OTHER LAWS.
Upon conveyance of the Project under this title, the
Reclamation Act of 1902 (82 Stat. 388) and all Acts
amendatory thereof or supplemental thereto shall not apply
to the Project.
SEC. 806. LIABILITY.
Except as otherwise provided by law, effective on the
date of conveyance of the Project under this title, the liabil-
ity of the United States under any law for damages of any
kind arising out of any act, omission, or occurrence based
on its prior ownership or operation of property in which
an interest is conveyed by the United States pursuant to
this title shall be limited to the portion of the total damages
that bears the same proportion to the total damages as the
interest in the property retained by the United States bears
to the total interest in the property.