Fremont-Madison Conveyance Act
PL 108-85 (S.520), enacted 09/30/2003

117 STAT. 1049
PUBLIC LAW 108–85—SEPT. 30, 2003
Public Law 108–85
108th Congress
An Act
To authorize the Secretary of the Interior to convey certain facilities to the Fremont-
Madison Irrigation District in the State of Idaho.
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 ‘‘Fremont-Madison Conveyance
Act’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) DISTRICT.—The term ‘‘District’’ means the Fremont-
Madison Irrigation District, an irrigation district organized
under the law of the State of Idaho.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 3. CONVEYANCE OF FACILITIES.
(a) CONVEYANCE REQUIREMENT.—The Secretary of the Interior
shall convey to the Fremont-Madison Irrigation District, Idaho,
pursuant to the terms of the Memorandum of Agreement (MOA)
between the District and the Secretary (Contract No. 1425–01–
MA–10–3310), all right, title, and interest of the United States
in and to the canals, laterals, drains, and other components of
the water distribution and drainage system that is operated or
maintained by the District for delivery of water to and drainage
of water from lands within the boundaries of the District as they
exist upon the date of enactment of this Act, consistent with section
8.
(b) REPORT.—If the Secretary has not completed any conveyance
required under this Act by September 13, 2004, the Secretary
shall, by no later than that date, submit a report to the Congress
explaining the reasons that conveyance has not been completed
and stating the date by which the conveyance will be completed.
SEC. 4. COSTS.
(a) IN GENERAL.—The Secretary shall require, as a condition
of the conveyance under section 3, that the District pay the adminis-
trative costs of the conveyance and related activities, including
the costs of any review required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), as described in Contract
No. 1425–01–MA–10–3310.
(b) VALUE OF FACILITIES TO BE TRANSFERRED.—In addition
to subsection (a) the Secretary shall also require, as a condition
of the conveyance under section 3, that the District pay to the
Deadline.
Fremont-
Madison
Conveyance Act.
Sept. 30, 2003
[S. 520]
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117 STAT. 1050
PUBLIC LAW 108–85—SEPT. 30, 2003
United States the lesser of the net present value of the remaining
obligations owed by the District to the United States with respect
to the facilities conveyed, or $280,000. Amounts received by the
United States under this subsection shall be deposited into the
Reclamation Fund.
SEC. 5. TETON EXCHANGE WELLS.
(a) CONTRACTS AND PERMIT.—In conveying the Teton Exchange
Wells pursuant to section 3, the Secretary shall also convey to
the District—
(1) Idaho Department of Water Resources permit number
22–7022, including drilled wells under the permit, as described
in Contract No. 1425–01–MA–10–3310; and
(2) all equipment appurtenant to such wells.
(b) EXTENSION
OF WATER SERVICE CONTRACT.—The water
service contract between the Secretary and the District (Contract
No. 7–07–10–W0179, dated September 16, 1977) is hereby extended
and shall continue in full force and effect until all conditions
described in this Act are fulfilled.
SEC. 6. ENVIRONMENTAL REVIEW.
Prior to conveyance the Secretary shall complete all environ-
mental reviews and analyses as set forth in the Memorandum
of Agreement referenced in section 3(a).
SEC. 7. LIABILITY.
Effective on the date of the conveyance the United States
shall not be liable for damages of any kind arising out of any
act, omission, or occurrence relating to the conveyed facilities, except
for damages caused by acts of negligence committed by the United
States or by its employees, agents, or contractors prior to the
date of conveyance. Nothing in this section may increase the liability
of the United States beyond that currently provided in chapter
171 of title 28, United States Code.
SEC. 8. WATER SUPPLY TO DISTRICT LANDS.
The acreage within the District eligible to receive water from
the Minidoka Project and the Teton Basin Projects is increased
to reflect the number of acres within the District as of the date
of enactment of this Act, including lands annexed into the District
prior to enactment of this Act as contemplated by the Teton Basin
Project. The increase in acreage does not alter deliveries authorized
under the District’s existing water storage contracts and as allowed
by State water law.
SEC. 9. DROUGHT MANAGEMENT PLANNING.
Within 60 days of enactment of this Act, in collaboration with
stakeholders in the Henry’s Fork watershed, the Secretary shall
initiate a drought management planning process to address all
water uses, including irrigation and the wild trout fishery, in the
Henry’s Fork watershed. Within 18 months of enactment of this
Act, the Secretary shall submit a report to Congress, which shall
include a final drought management plan.
SEC. 10. EFFECT.
(a) IN GENERAL.—Except as provided in this Act, nothing in
this Act affects—
(1) the rights of any person; or
Reports.
Deadline.
Effective date.
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117 STAT. 1051
PUBLIC LAW 108–85—SEPT. 30, 2003
LEGISLATIVE HISTORY—S. 520:
SENATE REPORTS: No. 108–62 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 149 (2003):
June 16, considered and passed Senate.
Sept. 16, considered and passed House.
(2) any right in existence on the date of enactment of
this Act of the Shoshone-Bannock Tribes of the Fort Hall Res-
ervation to water based on a treaty, compact, executive order,
agreement, the decision in Winters v. United States, 207 U.S.
564 (1908) (commonly known as the ‘‘Winters Doctrine’’), or
law.
(b) CONVEYANCES.—Any conveyance under this Act shall not
affect or abrogate any provision of any contract executed by the
United States or State law regarding any irrigation district’s right
to use water developed in the facilities conveyed.
Approved September 30, 2003.
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