A bill to authorize the Secretary of Agriculture to issue permanent easements for water conveyance systems in order to resolve title claims arising under Acts repealed by the Federal Land Policy and Management Act of 1976, and for other purposes.
PL 99-545 (H.R.2921), enacted 10/27/1986

PUBLIC LAW 99-545-OCT. 27, 1986 
100 STAT. 3047 
Public Law 99-545 
99th Congress 
An Act 
To authorize the Secretary of Agriculture to issue permanent easements for water 
conveyance systems in order to resolve title claims arising under Acts repealed by 
the Federal Land Policy and Management Act of 1976, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. (a) For purposes of this Act, the term "the Act" means 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1761). 
(b) Section 501 of the Act is amended by adding at the end thereof 
the following new subsection: 
"(c)(1) Upon receipt of a written application pursuant to para-
graph (2) of this subsection from an applicant meeting the require-
ments of this subsection, the Secretary of Agriculture shall issue a 
permanent easement, without a requirement for reimbursement, for 
a water system as described in subsection (aXl) of this section, 
traversing Federal lands within the National Forest System ('Na-
tional Forest Lands'), constructed and in operation or placed into 
operation prior to October 21,1976, if— 
"(A) the traversed National Forest lands are in a State where 
the appropriation doctrine governs the ownership of water 
' : rights; 
'^ 
"(B) at the time of submission of the application the water 
system is used solely for agricultural irrigation or livestock 
' watering purposes; 
•
*
^ 
"(C) the use served by the water system is not located solely 
. ' on Federal lands; 
j^ 
"(D) the originally constructed facilities comprising such 
system have been in substantially continuous operation without 
.. abandonment; 
"(E) the applicant has a valid existing right, established under 
applicable State law, for water to be conveyed by the water 
system; 
"(F) a recordable survey and other information concerning 
the location and characteristics of the system as necessary for 
; proper management of National Forest lands is provided to the 
Secretary of Agriculture by the applicant for the easement; and 
i 
"(G) the applicant submits such application on or before 
December 31,1996. 
"(2)(A) Nothing in this subsection shall be construed as affecting 
any grants made by any previous Act. To the extent any such 
previous grant of right-of-way is a valid existing right, it shall 
remain in full force and effect unless an owner thereof notifies the 
Secretary of Agriculture that such owner elects to have a water 
system on such right-of-way governed by the provisions of this 
subsection and submits a written application for issuance of an 
easement pursuant to this subsection, in which case upon the issu-
Oct. 27, 1986 
[H.R. 2921] 
Public lands. 
43 u s e 1701 
note. 
43 u s e 1761. 
National Forest 
System. 
Agriculture and 
agricultural 
commodities. 
Animals. 
Grants. 
100 STAT. 3048 
PUBLIC LAW 99-545—OCT. 27, 1986 
Agriculture and 
agricultural 
commodities. 
Animals. 
43 use 1766. 
Safety. 
43 use 1764. 
ance of an easement pursuant to this subsection such previous grant 
shall be deemed to have been relinquished and shall terminate. 
"(B) Easements issued under the authority of this subsection shall 
be fully transferable with all existing conditions and without the 
imposition of fees or new conditions or stipulations at the time of 
transfer. The holder shall notify the Secretary of Agriculture within 
sixty days of any address change of the holder or change in owner-
ship of the facilities. 
"(C) Easements issued under the authority of this subsection shall 
include all changes or modifications to the original facilities in 
existence as of October 21, 1976, the date of enactment of this Act. 
"(D) Any future extension or enlargement of facilities after Octo-
ber 21, 1976, shall require the issuance of a separate authorization, 
not authorized under this subsection 
"(3XA) Except as otherwise provided in this subsection, the Sec-
retary of Agriculture may terminate or suspend an easement issued 
pursuant to this subsection in accordance with the procedural and 
other provisions of section 506 of this Act. An easement issued 
pursuant to this subsection shall terminate if the water system for 
which such eeisement was issued is used for any purpose other than 
agricultural irrigation or livestock watering use. For purposes of 
subparagraph (D) of paragraph (1) of this subsection, non-use of a 
water system for agricultural irrigation or livestock watering pur-
poses for any continuous five-year period shall constitute a rebutta-
ble presumption of abandonment of the facilities comprising such 
system. 
"(B) Nothing in this subsection shall be deemed to be an assertion 
by the United States of any right or claim with regard to the 
reservation, acquisition, or use of water. Nothing in this subsection 
shall be deemed to confer on the Secretary of Agriculture any power 
or authority to regulate or control in any manner the appropriation, 
diversion, or use of water for any purpose (nor to diminish any such 
power or authority of such Secretary under applicable law) or to 
require the conveyance or transfer to the United States of any right 
or claim to the appropriation, diversion, or use of water. 
"(C) Except as otherwise provided in this subsection, all rights-of-
way issued pursuant to this subsection are subject to all conditions 
and requirements of this Act. 
"(D) In the event a right-of-way issued pursuant to this subsection 
is allowed to deteriorate to the point of threatening persons or 
property and the holder of the right-of-way, after consultation with 
the Secretary of Agriculture, refuses to perform the repair and 
maintenance necessary to remove the threat to persons or property, 
the Secretary shall have the right to undertake such repair and 
maintenance on the right-of-way and to assess the holder for the 
costs of such repair and maintenance, regardless of whether the 
Secretary had required the holder to furnish a bond or other secu-
rity pursuant to subsection (i) of this section.". 
(c) Section 501 of the Act is amended by adding at the end of 
subsection (b) the following paragraph: 
"(3) The Secretary of Agriculture shall have the authority to 
administer all rights-of-way granted or issued under authority 
of previous Acts with respect to lands under the jurisdiction of 
the Secretary of Agriculture, including rights-of-way granted or 
issued pursuant to authority given to the Secretary of the 
Interior by such previous Acts.". 
SEC. 2. Section 504 of the Act is amended by— 
PUBLIC LAW 99-545—OCT. 27, 1986 
, 
100 STAT. 3049 
(1) inserting before the end of subsection (f) "or for emergency 
repair work necessary for those rights-of-way authorized under 
section 501(c) of this Act."; and 
Ante, p. 3047. 
(2) striking out the first sentence of subsection (g) and by 
inserting in lieu thereof the following: "The holder of a right-of-
way shall pay in advance the fair market value thereof, as 
determined by the Secretary granting, issuing, or renewing such 
right-of-way. The Secretary concerned may require either 
annual payment or a payment covering more than one year at a 
time except that private individuals may make at their option 
either annual payments or payments covering more than one 
, , ^ 
year if the annual fee is greater than one hundred dollars. The 
Secretary concerned may waive rentals where a right-of-way is 
granted, issued or renewed in consideration of a right-of-way 
conveyed to the United States in connection with a cooperative 
cost share program between the United States and the holder.". 
Approved October 27, 1986. 
LEGISLATIVE HISTORY—H.R. 2921: 
HOUSE REPORTS: No. 99-554, Pt. 1 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
May 7, considered and passed House. 
Oct. 9, considered and passed Senate.