II Calendar No. 356 118th CONGRESS 2d Session S. 1662 [Report No. 118–165] IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Barrasso (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources April 9, 2024 Reported by Mr. Manchin , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To direct the Secretary of the Interior to convey to the Midvale Irrigation District the Pilot Butte Power Plant in the State of Wyoming, and for other purposes.

1. Short title This Act may be cited as the Pilot Butte Power Plant Conveyance Act . 2. Definitions In this Act: (1) Agreement The term Agreement means the agreement entered into under section 3(a). (2) District The term District means the Midvale Irrigation District located in Pavillion, Wyoming. (3) Power plant The term Power Plant means the Pilot Butte Power Plant and other appurtenant facilities in the State of Wyoming authorized under the Act of March 2, 1917 (39 Stat. 969, chapter 146), transferred to the jurisdiction of the Bureau of Reclamation under the Act of June 5, 1920 (41 Stat. 874, chapter 235), and incorporated into the Riverton Unit of the Pick-Sloan Missouri Basin Program under Public Law 91–409 (84 Stat. 861), including the underlying land. (4) Secretary The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. 3. Agreement, conveyance, and report (a) Agreement Not later than 2 years after the date of enactment of this Act, the Secretary shall enter into good faith negotiations with the District to enter into an agreement to determine the legal, institutional, and financial terms for the conveyance of the Power Plant from the Secretary to the District. (b) Conveyance (1) In general In consideration for the District assuming from the United States all liability for the administration, operation, maintenance, and replacement of the Power Plant, the Secretary shall offer to convey and assign to the District all right, title, and interest of the United States in and to the Power Plant— (A) subject to valid leases, permits, rights-of-way, easements, and other existing rights; and (B) in accordance with— (i) the terms and conditions described in the Agreement; and (ii) this Act. (2) Status of land Effective on the date of the conveyance of the Power Plant to the District under paragraph (1), the Power Plant shall not be considered to be a part of a Federal reclamation project. (c) Report If the conveyance authorized under subsection (b)(1) is not completed by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the status of the conveyance under that subsection; (2) any obstacles to completing the conveyance under that subsection; and (3) an anticipated date for the completion of the conveyance under that subsection. 4. Liability (a) Damages Except as otherwise provided by law and for damages caused by acts of negligence committed by the United States or by employees or agents of the United States, effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the Power Plant. (b) Torts Claims Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ). 5. Compliance with other laws (a) Compliance with Environmental and Historic Preservation Laws Before making the conveyance authorized under section 3(b)(1), the Secretary shall complete all actions required under— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (3) subtitle III of title 54, United States Code; and (4) any other applicable laws. (b) Compliance by the District Effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) with respect to the operation of the Power Plant. 6. Payment of costs (a) Administrative Costs Administrative costs for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District. (b) Real Estate Transfer Costs The costs of all boundary surveys, title searches, cadastral surveys, appraisals, and other real estate transactions required for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District. (c) Costs of Compliance with Other Laws The costs associated with any review required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), subtitle III of title 54, United States Code, or any other applicable laws for conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District.

1. Short title This Act may be cited as the Pilot Butte Power Plant Conveyance Act . 2. Definitions In this Act: (1) Agreement The term Agreement means the agreement entered into under section 3(a). (2) District The term District means the Midvale Irrigation District located in Pavillion, Wyoming. (3) Power plant The term Power Plant means the Pilot Butte Power Plant and other appurtenant facilities in the State of Wyoming authorized under the Act of March 2, 1917 (39 Stat. 969, chapter 146), transferred to the jurisdiction of the Bureau of Reclamation under the Act of June 5, 1920 (41 Stat. 874, chapter 235), and incorporated into the Riverton Unit of the Pick-Sloan Missouri Basin Program under Public Law 91–409 (84 Stat. 861), including the underlying land. (4) Secretary The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. 3. Agreement, conveyance, and report (a) Agreement (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall enter into good faith negotiations with the District to enter into an agreement to determine the legal, institutional, and financial terms for the conveyance of the Power Plant from the Secretary to the District. (2) Requirement Notwithstanding section 8002(3)(B) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 43 U.S.C. 2902(3)(B) ), the Secretary shall negotiate the agreement under paragraph (1) in accordance with the criteria, terms, and conditions described in subtitle A of title VIII of that Act ( 43 U.S.C. 2901 et seq. ). (b) Conveyance (1) In general The Secretary shall offer to convey and assign to the District all right, title, and interest of the United States in and to the Power Plant— (A) subject to valid leases, permits, rights-of-way, easements, and other existing rights; and (B) in accordance with— (i) the terms and conditions described in the Agreement; and (ii) this Act. (2) Status of land Effective on the date of the conveyance of the Power Plant to the District under paragraph (1), the Power Plant shall not be considered to be a part of a Federal reclamation project. (c) Report If the conveyance authorized under subsection (b)(1) is not completed by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the status of the conveyance under that subsection; (2) any obstacles to completing the conveyance under that subsection; and (3) an anticipated date for the completion of the conveyance under that subsection. 4. Compliance with other laws Effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) with respect to the operation of the Power Plant.

April 9, 2024 Reported with an amendment