Carlsbad Irrigation Project Acquired Land Transfer Act
PL 106-220 (S.291), enacted 06/21/2000

PUBLIC LAW 106-220—JUNE 20, 2000 
114 STAT. 347 
Public Law 106-220 
106th Congress 
An Act 
To convey certain real property within the Carlsbad Project in New Mexico to 
June 20, 2000 
the Carlsbad Irrigation District. 
[S. 291] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Carlsbad 
Irrigation Project 
SECTION 1. SHORT TITLE. 
Acquired Land 
This Act may be cited as the "Carlsbad Irrigation Project 
Tra^^sfer Act. 
Acquired Land Transfer Act". 
SEC. 2. CONVEYANCE. 
(a) LANDS AND FACiLmES.— 
(1) IN GENERAL.—Except as provided in paragraph (2), £ind 
subject to subsection (c), the Secretary of the Interior (in this 
Act referred to as the "Secretary") may convey to the Carlsbad 
Irrigation District (a quasi-municipal corporation formed under 
the laws of the State of New Mexico and in this Act referred 
to as the "District"), all right, title, and interest of the United 
States in £ind to the lands described in subsection (b) (in this 
Act referred to as the "acquired lands") and all interests the 
United States holds in the irrigation and drednage system of 
the Carlsbad Project and all related leinds including ditch rider 
houses, maintenance shop and buildings, and Pecos River 
Flimie. 
(2) LIMITATION.— 
(A) RETAINED SURFACE RIGHTS.—The Secretary shall 
retain title to the surface estate (but not the mineral estate) 
of such acquired lands which are located under the footprint 
of Brantley and Avalon dams or any other project dam 
or reservoir division structure. 
(B) STORAGE AND FLOW EASEMENT.—The Secretary 
shall retain storage £ind flow easements for any tracts 
located under the maximum spillway elevations of Avalon 
and Brantley Reservoirs. 
(b) ACQUIRED LANDS DESCRIBED,—The lands referred to in sub-
section (a) are those lands (including the surface and mineral estate) 
in Eddy County, New Mexico, described as the acquired lands 
and in section (7) of the "Status of Lands and Title Report: Carlsbad 
Project" as reported by the Bureau of Reclamation in 1978. 
(c) TERMS AND CONDITIONS OF CONVEYANCE.—^Any conveyance 
of the acquired Isinds under this Act shall be subject to the following 
terms and conditions: 
(1) MANAGEMENT AND USE, GENERALLY.—The conveyed 
lands shall continue to be managed and used by the District 
for the piuposes for which the Carlsbad Project was authorized. 
114 STAT. 348 
PUBLIC LAW 106-220-^UNE 20, 2000 
based on historic operations and consistent with the manage-
ment of other adjacent project lands. 
(2) ASSUMED RIGHTS AND OBLIGATIONS.—Except as provided 
in paragraph (3), the District shall assume all rights and obliga-
tions of the United States under— 
(A) the agreement dated July 28, 1994, between the 
United States and the Director, New Mexico Department 
of Game and Fish (Document No. 2-LM-40-00640), 
relating to management of certain lands near Brantley 
Reservoir for fish and wildlife purposes; and 
(B) the agreement dated March 9, 1977, between the 
United States and the New Mexico Department of Energy, 
Minerals, and Natural Resources (Contract No. 7-07-57-
X0888) for the management and operation of Brantley Lake 
State Park. 
(3) EXCEPTIONS.—In relation to agreements referred to in 
paragraph (2)— 
(A) the District shall not be obligated for any financial 
support agreed to by the Secretary, or the Secretary's des-
ignee, in either agreement; and 
(B) the District shall not be entitled to any receipts 
for revenues generated as a result of either agreement. 
Deadlines. 
(d) COMPLETION OF CONVEYANCE.—If the Secretary does not 
Reports. 
complete the conveyance within 180 days from the date of enact-
ment of this Act, the Secretary shall submit a report to the Congress 
within 30 days after that period that includes a detailed explanation 
of problems that have been encountered in completing the convey-
ance, and specific steps that the Secretary has taken or will take 
to complete the conveyance. 
SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED 
FROM THE ACQUIRED LANDS. 
Deadline. 
(a) IDENTIFICATION AND NOTIFICATION OF LEASEHOLDERS.— 
Within 120 days after the date of enactment of this Act, the Sec-
retary of the Interior shall— 
(1) provide to the District a written identification of all 
mineral and grazing leases in effect on the acquired l£inds 
on the date of enactment of this Act; and 
(2) notify all leaseholders of the conveyance authorized 
by this Act. 
(b) MANAGEMENT OF MINERAL AND GRAZING LEASES, LICENSES, 
AND PERMITS.—The District shall assume all rights and obligations 
of the United States for all mineral and grazing leases, licenses, 
and permits existing on the acquired lands conveyed under section 
2, and shall be entitled to any receipts from such leases, licenses, 
and permits accruing after the date of conveyance. All such receipts 
shall be used for purposes for which the Project was authorized 
and for financing the portion of operations, maintenance, and 
replacement of the Summer Deim which, prior to conveyance, was 
the responsibility of the Bureau of Reclamation, with the exception 
of major maintenance programs in progress prior to conveyance 
which shall be funded through the cost shgire formulas in place 
at the time of conveyance. The District shall continue to adhere 
to the current Bureau of Reclamation mineral leasing stipulations 
for the Carlsbad Project. 
PUBLIC LAW 106-220-^UNE 20, 2000 
114 STAT. 349 
(c) AVAILABILITY OF AMOUNTS PAID INTO RECLAMATION FUND.— 
(1) EXISTING RECEIPTS.—Receipts in the reclamation fund 
on the date of enactment of this Act which exist as construction 
credits to the Carlsbad Project under the terms of the Mineral 
Leasing Act for Acquired Lands (30 U.S.C. 351-359) shall be 
deposited in the General Treasury and credited to deficit reduc-
tion or retirement of the Federal debt. 
(2) RECEIPTS AFTER ENACTMENT.—Of the receipts from min-
eral and grazing leases, licenses, and permits on acquired lands 
to be conveyed under section 2, that are received by the United 
States after the date of enactment and before the date of 
conveyance— 
(A) not to exceed $200,000 shall be available to the 
Secretary for the actual costs of implementing this Act 
with any additional costs shared equally between the Sec-
retary and the District; and 
(B) the remainder shall be deposited into the General 
Treasury of the United States and credited to deficit reduc-
tion or retirement of the Federal debt. 
SEC. 4. VOLUNTARY WATER CONSERVATION PRACTICES. 
Nothing in this Act shall be construed to limit the ability 
of the District to voluntarily implement water conservation prac-
tices. 
SEC. 5. LIABILITY. 
Effective on the date of conveyance of any lands and facilities 
Effective date. 
authorized by this Act, 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 conveyed property, except 
for damages caused by acts of negligence committed by the United 
States or by its employees, agents, or contractors, prior to convey-
ance. Nothing in this section shsdl be considered to increase the 
liability of the United States beyond that provided under chapter 
171 of title 28, United States Code, popularly known as the Federed 
Tort Claims Act. 
79-194 O - 00 - 13 : QL 3 Part 1 
114 STAT. 350 
PUBLIC LAW 106-220^JUNE 20, 2000 
SEC. 6. FUTURE BENEFITS. 
Effective date. 
Effective upon trainsfer, the lands and facilities transferred 
pursuant to this Act shsdl not be entitled to receive any further 
Reclamation benefits pursuant to the Reclamation Act of June 
17, 1902, and Acts supplementary thereof or amendatory thereto 
attributable to their status as p£irt of a Reclamation Project. 
Approved June 20, 2000. 
LEGISLATIVE HISTORY—S. 291 (H.R. 1019): 
HOUSE REPORTS: No. 106-260 accompanying H.R. 1019 (Comm. on Resources). 
SENATE REPORTS: No. 106-19 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Mar. 25, considered and passed Senate. 
Vol. 146 (2000): June 6, 7, considered and passed House.