‘‘Flood Control Act of 1944’’) (58 Stat. 891, chapter
665).
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of the Interior.
(16) YELLOWSTONE ORIGINAL CONSTRUCTION
CONTRACT.—The term ‘‘Yellowstone original con-
struction contract’’ means—
(A) the repayment contract between the
Lower Yellowstone Irrigation District No. 1 and
the Secretary, numbered Irl–103; and
(B) the repayment contract between the
Lower Yellowstone Irrigation District No. 2 and
the Secretary, numbered Irl–104.
(17) YELLOWSTONE PROJECT.—The term ‘‘Yel-
lowstone project’’ means the Lower Yellowstone Irri-
gation Project, operated by Lower Yellowstone Irri-
gation District No. 1 and Lower Yellowstone Irriga-
tion District No. 2, serving approximately 51,429 ir-
rigated acres, and authorized by the Act of June 17,
1902 (32 Stat. 388, chapter 1093).
SEC. 3. CONVEYANCE OF PROJECT.
(a) CONVEYANCES.—
(1) LOWER
YELLOWSTONE
IRRIGATION
DIS-
TRICT NO. 1, LOWER YELLOWSTONE IRRIGATION DIS-
TRICT NO. 2, AND SAVAGE IRRIGATION DISTRICT.—
(A) IN
GENERAL.—On acceptance by
Lower Yellowstone Irrigation District No. 1 and
Lower Yellowstone Irrigation District No. 2 and
by the Intake Irrigation District of the obliga-
tions of the Federal Government for the Yellow-
stone Project and the Intake Irrigation Project,
respectively, the Secretary shall convey the re-
spective portions of the projects to each of the
irrigation districts.
(B) METHOD.—The conveyance under sub-
paragraph (A)—
(i) shall be by quitclaim deed or pat-
ent; and
(ii) shall convey—
(I) all right, title, and interest in
all withdrawn land except certain par-
cels not used for purposes of the
projects;
(II) all fee ownership land used
for diversion dam maintenance;
(III) all fee ownership land, ease-
ments, and rights-of-way in connec-
tion with the carriage, distribution,
and drainage of water to serve the
land of the projects; and
(IV) all diversion, carriage, dis-
tribution, and drainage physical fea-
tures used to serve the land of the
projects.
(2) CONVEYANCE TO SAVAGE IRRIGATION DIS-
TRICT.—
(A) IN
GENERAL.—The Secretary shall
convey the Savage Unit to the Savage Irrigation
District, in accordance with the methods de-
scribed in subsection (a)(2), immediately after
the conditions in subparagraph (B) are satis-
fied.
(B) CONDITIONS.—The conditions for con-
veyance under subparagraph (A) are—
(i) the acceptance by the Savage Irri-
gation District of the obligations of the
Federal Government for the Savage Unit;
and
(ii) the payment by the Savage Irriga-
tion District of the net present value of the
remaining repayment obligation of the Sav-
age Irrigation District under the Savage
original construction contract, determined
in accordance with Office of Management
and Budget Circular A–129 (as in effect
on the date of enactment of this Act).
(3) WATER RIGHTS.—
(A) IN
GENERAL.—The Secretary shall
transfer the ownership of the water rights of
the projects to the respective and appurtenant
irrigation districts in accordance with applicable
laws of the State of Montana.
(B) NO ALTERATION.—The purpose, point
of diversion, place of use, flow rate, and volume
of each water right transferred shall not be al-
tered.
(b) TRANSFER
OF
DOCUMENTS.—Patents, land
deeds, court proceedings, water right abstracts, contracts,
special use permits, licenses, permits, and any other docu-
ments of each project executed on behalf of the Secretary
shall be transferred to the district of the project.
(c) PICK-SLOAN MISSOURI BASIN PROGRAM PUMP-
ING POWER.—
(1) IN GENERAL.—
(A) LOWER
YELLOWSTONE
IRRIGATION
DISTRICTS.—The Secretary and the Western
Area Power Administration shall continue to
provide Lower Yellowstone Irrigation District
No. 1 and Lower Yellowstone Irrigation District
No. 2 with Pick-Sloan Missouri Basin Program
power at 3 pump stations for as long as the
Yellowstone Project continues to operate under
the Pick-Sloan Missouri Basin Program.
(B) 
RATE
OF
DELIVERY.—Pick-Sloan
power shall be delivered under subparagraph
(A) at 460 volts and at a collective rate not to
exceed 500 kilowatts.
(C) COST.—The cost to Lower Yellowstone
Irrigation District No. 1 and Lower Yellowstone
Irrigation District No. 2 of power delivered
under subparagraph (A) (including trans-
mission costs) shall be based on the payment
ability of the irrigation districts, as determined
by the Secretary.
(2) SAVAGE IRRIGATION DISTRICT.—
(A) IN GENERAL.—The Secretary and the
Western Area Power Administration shall con-
tinue to provide the Savage Irrigation District
with Pick-Sloan Missouri Basin Program power
at the Savage Pumping Plant for as long as the
Savage Irrigation District continues to operate
as intended under the Pick-Sloan Missouri
Basin Program.
(B) 
RATE
OF
DELIVERY.—Pick-Sloan
power shall be delivered under subparagraph
(A) at 2,400 volts and at a capacity rate not to
exceed 650 kilowatts.
(C) COST.—The cost to the Savage Irriga-
tion District of power delivered under subpara-
graph (A) (including transmission costs) shall
be based on the payment ability of the Savage
Irrigation District, as determined by the Sec-
retary.
(3) INTAKE IRRIGATION DISTRICT.—
(A) IN GENERAL.—The Secretary and the
Western Area Power Administration shall con-
tinue to provide the Intake Irrigation District
with Pick-Sloan Missouri Basin Program power
at the Intake Pumping Plant for as long as the
Intake Irrigation District continues to operate
as intended under the Pick-Sloan Missouri
Basin Program.
(B) 
RATE
OF
DELIVERY.—Pick-Sloan
power shall be delivered under subparagraph
(A) at 460 volts and at a capacity rate not to
exceed 50 kilowatts.
(C) COST.—The cost to the Intake Irriga-
tion District for power delivered under subpara-
graph (A) (including transmission costs) shall
be based on the payment ability of the Intake
Irrigation District, as determined by the Sec-
retary.
(d) DEADLINE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall complete each convey-
ance under this Act expeditiously, but not later than
180 days after the date of enactment of this Act.
(2) DEADLINES
IF
CHANGES
IN
OPERATIONS
INTENDED.—If an irrigation district notifies the
Secretary that the irrigation district intends to
change operations as a result of the conveyance
under subsection (a), the Secretary shall—
(A) take into account the potential changes
for the purpose of completing any required en-
vironmental evaluation associated with the con-
veyance; and
(B) complete the conveyance not later than
2 years after the date of enactment of this Act.
(3) 
ADMINISTRATIVE
COSTS
OF
CONVEY-
ANCE.—
(A) UNTIMELY CONVEYANCE.—If the Sec-
retary fails to complete a conveyance under this
Act in accordance with the applicable deadline
under paragraph (1) or (2), the full costs of
any administrative action and environmental
compliance for the conveyance shall be paid by
the Secretary.
(B) TIMELY
CONVEYANCE.—If the Sec-
retary completes a conveyance under this Act in
accordance with the applicable deadline under
paragraph (1) or (2), the costs of administra-
tive action and environmental compliance for
the conveyance shall be paid—
(i) in an amount equal to 50 percent
of the costs, by the Secretary; and
(ii) in an amount equal to 50 percent
of the costs, by the irrigation district to
which the project is conveyed.
SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.
(a) IN GENERAL.—Nothing in this Act expands or
otherwise changes the use or operation of a project from
the use and operation of the project on the day before
the date of enactment of this Act.
(b) FUTURE ALTERATIONS.—If an irrigation district
alters the use or operation of a project, the irrigation dis-
trict shall comply with all applicable laws (including regu-
lations) governing the alteration of use.
(c) ENVIRONMENTAL CONCERNS.—
(1) FISH ENTRAINMENT.—The Control Board
and the irrigation district for each project shall con-
tinue to work cooperatively with the Commissioner
of Reclamation and the Fish, Wildlife and Parks De-
partment of the State of Montana—
(A) to complete a fish entrainment study
at the diversion dam; and
(B) if necessary, to assist in the develop-
ment of a method for excluding fish from the
Main Canal.
(2) FISH
PASSAGE.—The Control Board and
the irrigation district for each project shall continue
to work cooperatively with the Commissioner of Rec-
lamation and the United States Fish and Wildlife
Service—
(A) to identify any influences of the diver-
sion dam on fish passage; and
(B) if necessary, to assist in the develop-
ment of a method to improve fish passage.
(d) RECREATION
MANAGEMENT.—Lower Yellow-
stone Irrigation District No. 1 and Lower Yellowstone Ir-
rigation District No. 2 shall each convey a perpetual con-
servation easement to the State of Montana, at no cost
to the State, for the purposes of protecting, preserving,
and enhancing the conservation values and permitting
recreation on Yellowstone Project land (including land
known as ‘‘Joe’s Island’’), located at the diversion dam.
SEC. 5. RELATIONSHIP TO CONTRACT OBLIGATIONS.
(a) YELLOWSTONE ORIGINAL
AND SUBSEQUENT
CONSTRUCTION CONTRACTS AND INTAKE ORIGINAL CON-
STRUCTION AND SUBSEQUENT CONTRACTS.—All repay-
ment obligations of Lower Yellowstone Irrigation District
No. 1, Lower Yellowstone Irrigation District No. 2, and
the Intake Irrigation District have been fulfilled.
(b) SAVAGE ORIGINAL AND SUBSEQUENT CONSTRUC-
TION CONTRACTS.—The acceptance of all obligations of
the Federal Government with respect to the Savage Unit
by the Savage Irrigation District in accordance with sec-
tion 3(a)(2) shall extinguish all repayment contract obliga-
tions under the Savage original construction contract.
SEC. 6. APPLICABILITY OF OTHER LAWS.
On conveyance of the projects under this Act, the Act
of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C.
371 et seq.) shall not apply to the projects.
SEC. 7. LIABILITY.
Except as otherwise provided by law, effective on the
date of conveyance of a project under this Act, the United
States shall not be liable for damages of any kind arising
out of any act, omission, or occurrence based on prior
ownership or operation by the United States of the project
property.
Æ