Oroville-Tonasket Claims Settlement and Conveyance Act
PL 105-9 (H.R.412), enacted 04/14/1997

I l l STAT. 16 
PUBLIC LAW 105-9—APR. 14, 1997 
Public Law 105-9 
105th Congress 
Apr. 14, 1997 
[H.R. 412] 
Oroville-
Tonasket Claim 
Settlement and 
Conveyance Act. 
Washington. 
An Act 
To approve a settlement agreement between the Bureau of Reclamation and the 
Oroville-Tonasket Irrigation District. 
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 "Oroville-Tonasket Claim Settle-
ment and Conveyance Act". 
SEC. 2. PURPOSES. 
The purposes of this Act are to authorize the Secretary of 
the Interior to implement the provisions of the negotiated Settle-
ment Agreement including conveyance of the Project Irrigation 
Works, identified as not having national importance, to the District, 
and for other purposes. 
SEC. 3. DEFINITIONS. 
As used in this Act: 
(1) The term "Secretary" means the Secretary of the 
Interior. 
(2) The term "Reclamation" means the United States 
Bureau of Reclamation. 
(3) The term "District" or "Oroville-Tonasket Irrigation 
District" means the project beneficiary organized and operating 
under the laws of the State of Washington, which is the operat-
ing and repa3anent entity for the Project. 
(4) The term "Project" means the Oroville-Tonasket unit 
extension, Okanogan-Similkameen division. Chief Joseph Dam 
Project, Washington, constructed and rehabilitated by the 
United States under the Act of September 28, 1976 (Public 
Law 94-423, 90 Stat. 1324), previously authorized 
and 
constructed under the Act of October 9, 1962 (Public Law 
87-762, 76 Stat. 761), under the Federal reclamation laws 
(including the Act of June 17, 1902 (ch. 1093, 32 Stat. 388), 
and Acts supplementary thereto or amendatory thereof). 
(5) The term "Project Irrigation Works" means— 
(A) those works actually in existence and described 
in subarticle 3(a) of the Repayment Contract, excluding 
Wildlife Mitigation Facilities, and depicted on the maps 
held by the District and Reclamation, consisting of the 
realty with improvements and real estate interests; 
(B) all equipment, 
parts, inventories, and 
tools 
associated with the Project Irrigation Works realty and 
PUBLIC LAW 105-9—APR. 14, 1997 
111 STAT. 17 
improvements and currently in the District's possession; 
and 
(C) all third party agreements. 
(6)(A) The term "Basic Contract" means 
Repayment 
Contract No. 14-06-100-4442, dated December 26, 1964, as 
amended and supplemented, between the United States and 
the District; 
(B) the term "Repayment Contract" means Repayment 
Contract No. 00-7-10-W0242, dated November 28, 1979, as 
amended and supplemented, between the United States and 
the District; and 
(C) the term "third party agreements" means existing 
contractual duties, obligations, and responsibilities that exist 
because of all leases, licenses, and easements with third-parties 
related to the Project Irrigation Works, or the lands or rights-
of-way for the Project Irrigation Works, but excepting power 
arrangements with the Bonneville Power Administration. 
(7) The term "Wildlife Mitigation Facilities" means— 
(A) land, improvements, or easements, or any combina-
tion thereof, secured for access to such lands, acquired 
by the United States under the Fish and Wildlife Coordina-
tion Act (16 U.S.C. 661-667e); and 
(B) all third party agreements associated with the land, 
improvements, or easements referred to in subparagraph 
(A). 
(8) The term "Indian Trust Lands" means approximately 
61 acres of lands identified on land classification maps on 
file with the District and Reclamation beneficially owned by 
the Confederated Tribes of the Colville Reservation (Colville 
Tribes) or by individual Indians, and held in trust by the 
United States for the benefit of the Colville Tribes in accordance 
with the Executive Order of April 9, 1872. 
(9) The term "Settlement Agreement" means the Agreement 
made and entered on April 15, 1996, between the United States 
of America acting through the Regional Director, Pacific North-
west Region, Bureau of Reclamation, and the Oroville-Tonasket 
Irrigation District. 
(10) The term "operations and maintenance" means normal 
and reasonable care, control, operation, repair, replacement, 
and maintenance. 
SEC. 4. AGREEMENT AUTHORIZATION. 
The Settlement Agreement is approved and the Secretary of 
the Interior is authorized to conduct all necessary and appropriate 
investigations, studies, and required Federal actions to implement 
the Settlement Agreement. 
SEC. 5. CONSIDERATION AND SATISFACTION OF OUTSTANDING 
OBLIGATIONS. 
(a) CONSIDERATION TO UNITED STATES.—Consideration by the 
District to the United States in accordance with the Settlement 
Agreement approved by this Act shall be— 
(1) payment of $350,000 by the District to the United 
States; 
(2) assumption by the District of full liability and 
responsibility and release of the United States of all further 
responsibility, obligations, and liability for removing irrigation 
facilities constructed and rehabilitated by the United States 
I l l STAT. 18 
PUBLIC LAW 105-9—APR. 14, 1997 
under the Act of October 9, 1962 (Public Law 87-762, 76 
Stat. 761), or referenced in section 201 of the Act of September 
28, 1976 (Public Law 94-423, 90 Stat. 1324), and identified 
in Article 3(a)(8) of the Repayment Contract; 
(3) assumption by the District of sole and absolute 
responsibility for the operations and maintenance of the Project 
Irrigation Works; 
(4) release and discharge by the District as to the United 
States from all past and future claims, whether now known 
or unknown, arising from or in any way related to the Project, 
including any arising from the Project Irrigation Works con-
structed pursuant to the 1964 Basic Contract or the 1979 
Repayment Contract; 
(5) assumption by the District of full responsibility to 
indemnify and defend the United States against any third 
party claims associated with any aspect of the Project, except 
for that claim known as the Grillo Claim, government contractor 
construction claims accruing at any time, and any other suits 
or claims filed as of the date of the Settlement Agreement; 
and 
(6) continued obligation by the District to deliver water 
to and provide for operations and maintenance of the Wildlife 
Mitigation Facilities at its own expense in accordance with 
the Settlement Agreement. 
(b) RESPONSIBILITIES OF UNITED STATES.—In return the United 
States shall— 
(1) release and discharge the District's obligation, including 
any delinquent or accrued payments, or assessments of any 
nature under the 1979 Repayment Contract, including the 
unpaid obligation of the 1964 Basic Contract; 
(2) transfer title of the Project Irrigation Works to the 
District; 
(3) assign to the District all third party agreements associ-
ated with the Project Irrigation Works; 
(4) continue power deliveries provided under section 6 of 
this Act; and 
(5) assume full responsibility to indemnify and defend the 
District against any claim known as the Grillo Claim, govern-
ment contractor construction claims accruing at any time, and 
any other suits or claims filed against the United States as 
of the date of the Settlement Agreement. 
(c) PROJECT 
CONSTRUCTION 
COSTS.—^The transfer of title 
authorized by this Act shall not affect the timing or amount of 
the obligation of the Bonneville Power Administration for the repay-
ment of construction costs incurred by the Federal government 
under section 202 of the Act of September 28, 1976 (90 Stat. 
1324, 1326) that the Secretary of the Interior has determined to 
be beyond the ability of the irrigators to pay. The obligation shall 
remain charged to, and be returned to the Reclamation Fund as 
provided for in section 2 of the Act of June 14, 1966 (80 Stat. 
200) as amended by section 6 of the Act of September 7, 1966 
(80 Stat. 707, 714). 
SEC. 6. POWER. 
Nothing in this Act shall be construed as having any affect 
on power arrangements under Public Law 94-423 (90 Stat. 1324). 
The United States shall continue to provide to the District power 
•6.-ii€-
PUBLIC LAW 105-9—APR. 14, 1997 
111 STAT. 19 
and energy for irrigation water pumping for the Project, including 
Dairy Point Pumping Plant. However, the amount and term of 
reserved power shall not exceed, respectively— 
(1) 27,100,000 kilowatt hours per year; and 
(2) 50 years commencing October 18, 1990. 
The rate that the District shall pay the Secretary for such reserved 
power shall continue to reflect full recovery of Bonneville Power 
Administration transmission costs. 
SEC. 7. CONVEYANCE. 
(a) CONVEYANCE OF INTERESTS OF UNITED STATES.—Subject 
to valid existing rights, the Secretary is authorized to convey all 
right, title, and interest, without warranties, of the United States 
in and to all Project Irrigation Works to the District. In the event 
a significant cultural resource or hazardous waste site is identified, 
the Secretary is authorized to defer or delay transfer of title to 
any parcel until required Federal action is completed. 
(b) RETENTION OF TITLE TO WILDLIFE MITIGATION FACILITIES.— 
The Secretary will retain title to the Wildlife Mitigation Facilities. 
The District shall remain obligated to deliver water to and provide 
for the operations and maintenance of the Wildlife Mitigation 
Facilities at its own expense in accordance with the Settlement 
Agreement. 
(c) RESERVATION.—^The transfer of rights and interests pursuant 
to subsection (a) shall reserve to the United States all oil, gas, 
and other mineral deposits and a perpetual right to existing public 
access open to public fishing, hunting, and other outdoor recreation 
purposes, and such other existing public uses. 
SEC. 8. REPAYMENT CONTRACT. 
Upon conveyance of title to the Project Irrigation Works not-
withstanding any parcels delayed in accordance with section 7(a), 
the 1964 Basic Contract, and the 1979 Repajnnent Contract between 
the District and Reclamation, shall be terminated and of no further 
force or effect. 
SEC. 9. INDIAN TRUST RESPONSffilLITIES. 
The District shall remain obligated to deliver water under 
appropriate water service contracts to Indian Trust Lands upon 
request from the owners or lessees of such land. 
SEC. 10. LIABILITY. 
Upon completion of the conveyance of Project Irrigation Works 
under this Act, the District shall— 
(1) be liable for all acts or omissions relating to the oper-
ation and use of the Project Irrigation Works that occur before 
or after the conveyance except for the Grillo Claim, government 
contractor construction claims accruing at any time, and any 
other suits or claims filed as of the date of the Settlement 
Agreement; 
(2) absolve the United States and its officers and agents 
of responsibility and liability for the design and construction 
including latent defects associated with the Project; and 
(3) assume responsibility to indemnify and defend the 
United States against all claims whether now known or 
unknown and including those of third party claims associated 
with, arising from, or in any way related to, the Project except 
for the Grillo Claim, government contractor construction claims 
I l l STAT. 20 
PUBLIC LAW 105-9—APR. 14, 1997 
accruing at any time, and any other suits or claims filed as 
of the date of the Settlement Agreement. 
SEC. 11. CERTAIN ACTS NOT APPUCABLE AND TERMINATION OF 
MANDATES. 
(a) 
RECLAMATION 
LAWS.—All 
mandates 
imposed 
by 
the 
Reclamation Act of 1902, and all Acts supplementary thereto or 
amendatory thereof, including the Reclamation Reform Act of 1982, 
upon the Project Irrigation Works shall be terminated upon the 
completion of the transfers as provided by this Act and the Settle-
ment Agreement. 
(b) RELATIONSHIP TO OTHER LAWS.—The transfer of title 
authorized by this Act shall not— 
(1) be subject to the provisions of chapter 5 of title 5, 
United States Code (commonly known as the "Administrative 
Procedure Act"); or 
(2) be considered a disposal of surplus property under 
the Federal Property and Administrative Services Act of 1949 
(40 U.S.C. 471 et seq.) and the Surplus Property Act of 1944 
(50 U.S.C. App. 1601 et seq.). 
(c) DEAUTHORIZATION.—Effective upon transfer of title to the 
District under this Act, that portion of the Oroville-Tonasket Unit 
Extension, Okanogan-Similkameen Division, Chief Joseph Dam 
Project, Washington, referred to in section 7(a) as the Project 
Irrigation Works is hereby deauthorized. After transfer of title, 
the District shall not be entitled to receive any further Reclamation 
benefits pursuant to the Reclamation Act of June 17, 1902, and 
/ 
Act supplementary thereto or amendatory thereof. 
Approved April 14, 1997. 
LEGISLATIVE HISTORY—H.R. 412: 
HOUSE REPORTS: No. 105-8 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Mar. 18, considered and passed House. 
Apr. 8, considered and passed Senate.