Title: Big Sand Wash Project Title Transfer Act
Policy area: Public Lands and Natural Resources

Summary:
Big Sand Wash Project Title Transfer Act
This bill directs the Department of the Interior to convey to the Central Utah Water Conservancy District in Utah certain acquired lands, certain federal lands, and certain existing Big Sand Wash facilities.
The bill requires that specified actions must be taken by the District, the Moon Lake Water Users Association, Duchesne County, Utah, and the federal government before such conveyance is completed.
The bill grants the District the authority to prepay, at net present value, all irrigation block notices associated with the Bonneville Unit of the Central Utah Project.
The bill shields the United States, after conveyance, from liability for damages arising out of any act, omission, or occurrence relating to the facilities, the acquired lands, and the federal lands, except for damages caused by acts of negligence committed by any U.S. employee or agent before the conveyance, consistent with the Federal Tort Claims Act.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3472 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3472

To authorize the Secretary of the Interior to convey certain lands and 
             facilities of the Big Sand Wash Project, Utah.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2018

  Mr. Lee (for himself and Mr. Hatch) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of the Interior to convey certain lands and 
             facilities of the Big Sand Wash Project, Utah.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Big Sand Wash Project Title Transfer 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Acquired lands.--The term ``Acquired Lands'' means 
        those lands that were acquired by the Central Utah Water 
        Conservancy District with Federal and District funds for the 
        purpose of water storage and conveyance in the Big Sand Wash 
        Facilities.
            (2) Association.--The term ``Association'' means the Moon 
        Lake Water Users Association, an association of 8 irrigation 
        companies in Utah.
            (3) Big sand wash facilities.--The term ``Big Sand Wash 
        Facilities''--
                    (A) means the following features that are part of 
                the Uinta Basin Replacement Project authorized by the 
                Central Utah Project Completion Act (Public Law 102-
                575)--
                            (i) the Big Sand Wash Dam, including the 
                        enlarged reservoir and outlet works;
                            (ii) the Feeder Pipeline;
                            (iii) the Feeder Diversion;
                            (iv) the Roosevelt Pipeline; and
                            (v) the Big Sand Wash Facilities; and
                    (B) does not include--
                            (i) the Moon Lake Dam and Reservoir; and
                            (ii) the modified outlet works.
            (4) District.--The term ``District'' means the Central Utah 
        Water Conservancy District, a political subdivision of the 
        State of Utah with certain responsibilities for the 
        implementation of the Central Utah Project Completion Act.
            (5) Duchesne county.--The term ``Duchesne County'' means 
        the Duchesne County Water Conservancy District in Duchesne 
        County, Utah.
            (6) Federal lands.--The term ``Federal Lands'' means 
        parcels of federally owned lands and easements acquired for the 
        expansion of the Big Sand Wash Facilities, and includes those 
        original, Association lands deeded to the United States in 
        November 2001 as a permanent easement for the conveyance and 
        storage of water and the right of ingress and egress.
            (7) Feeder diversion.--The term ``Feeder Diversion'' means 
        the diversion structure and appurtenances constructed in the 
        Lake Fork River to divert water into the Big Sand Wash Project, 
        and includes the property acquired by easement for the 
        diversion structure and rights of egress and ingress to the 
        property.
            (8) Feeder pipeline.--The term ``Feeder Pipeline'' means 
        the pipeline and appurtenances constructed from the Feeder 
        Diversion to the Big Sand Wash Reservoir, and includes the 
        property acquired by easement for the pipeline.
            (9) Roosevelt pipeline.--The term ``Roosevelt Pipeline'' 
        means the pipeline and appurtenances constructed to deliver 
        project and non-project water from the Big Sand Wash Facilities 
        for the Association and Duchesne County, and includes the 
        property acquired by easement for the pipeline.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or a designee of the Secretary.
            (11) Uinta basin replacement project.--The term ``Uinta 
        Basin Replacement Project'' applies to the project that was 
        authorized by the Central Utah Project Completion Act to 
        enlarge the Big Sand Wash Dam and Reservoir, construct the 
        Feeder Diversion, construct the Feeder Pipeline, construct the 
        Roosevelt Pipeline, modify the Moon Lake outlet works, develop 
        mitigation lands, and develop other facilities as required to 
        complete project purposes.

SEC. 3. CONVEYANCE OF FACILITIES AND LAND.

    (a) In General.--Subject to subsection (b) and in consideration of 
the District assuming from the United States all liability for 
administration, operation, and maintenance of the Big Sand Wash 
Facilities, the Secretary shall convey to the District all right, 
title, and interest of the United States in and to the Acquired Lands, 
the Federal Lands, and the Big Sand Wash Facilities in existence on the 
date of the enactment of this Act.
    (b) Conditions.--The conveyance under subsection (a) shall not be 
completed until all of the following occur:
            (1) The District pays to the Secretary the net present 
        value of the remaining repayment obligations identified in the 
        Water Service Contract, Supplement No. 2, Contract No. 14-06-
        400-4286 and Block Notice Number UBRP1, as determined by Office 
        of Management and Budget Circular A-129 (in effect on the date 
        of the enactment of this Act). Such prepayment shall not affect 
        the contract to deliver water between the District and Duchesne 
        County and shall remedy all outstanding issues relating to the 
        District's expenditure of Federal funds for land acquisition.
            (2) The Association, the District, and Duchesne County 
        enter into an agreement, only as mutually deemed necessary by 
        the Parties, reflecting as much as possible the existing 
        operating agreement, Agreement No. 01-07-40-R7020 dated 
        November 15, 2001, that provides for the future operation of 
        and delivery of water from the Big Sand Wash Facilities.
            (3) The Association and the District enter into an 
        agreement to convey Acquired Lands, Federal Lands, the Feeder 
        Diversion, and the Feeder Pipeline to the Association.
            (4) The Association and the District enter into an 
        agreement that ensures the minimum stream flow requirements 
        contained in the Final Environmental Assessment, section 
        203(a), Uinta Basin Replacement Project, dated October 2001.
            (5) The District and the United States enter into an 
        agreement that ensures the minimum stream flow requirements 
        contained in the Final Environmental Assessment, section 
        203(a), Uinta Basin Replacement Project, dated October 2001.
            (6) The District enters into an agreement to convey 
        Acquired Lands and Federal Lands associated with Utah State 
        Route 87 to the Utah Department of Transportation.
            (7) The District enters into an agreement to convey the 
        Roosevelt Pipeline to Duchesne County.
    (c) Prepayment Authority.--The District is hereby granted authority 
to prepay, at net present value as determined by Office of Management 
and Budget Circular A-129 (as in effect on the date of the enactment of 
this Act), all irrigation block notices associated with the Bonneville 
Unit of the Central Utah Project.
    (d) Payment of Costs.--The District shall pay any necessary and 
reasonable administrative and real estate transfer costs incurred by 
the Secretary in carrying out the conveyance authorized by subsection 
(a).
    (e) Compliance With Environmental Laws.--
            (1) In general.--Before conveying land and facilities under 
        subsection (a), the Secretary shall comply with all applicable 
        requirements under--
                    (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 land and 
                facilities.
            (2) Effect.--Nothing in this Act modifies or alters any 
        obligations 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.).

SEC. 4. RELATIONSHIP TO UINTA BASIN REPLACEMENT PROJECT.

    After the conveyance authorized under section 3(a), the United 
States shall not be liable for damages arising out of any act, 
omission, or occurrence relating to the Big Sand Wash Facilities, 
Acquired Lands, and Federal Lands, except for damages caused by acts of 
negligence committed by the United States or by any employee or agent 
of the United States before the date of the conveyance, consistent with 
chapter 171 of title 28, United States Code.

SEC. 5. REPORT.

    If the conveyance authorized by section 3(a) is not completed by 
the date that is 12 months after the date of the enactment of this Act, 
the Secretary shall submit to Congress a report that--
            (1) describes the status of the conveyance;
            (2) describes any obstacles to completing the conveyance; 
        and
            (3) specifies an anticipated date for completion of the 
        conveyance.
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