109th CONGRESS
2d Session
H. R. 5665
To authorize the Secretary of the Interior to convey certain land
and improvements of the Gooding Division of the Minidoka Project, Idaho.
IN THE HOUSE OF REPRESENTATIVES
June 21, 2006
Mr. SIMPSON introduced the following bill; which was referred to the Committee
on Resources
A BILL
To authorize the Secretary of the Interior to convey certain land
and improvements of the Gooding Division of the Minidoka Project, 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 `American Falls Reservoir District Number 2
Conveyance Act'.
SEC. 2. DEFINITIONS.
(1) AGREEMENT- The term `Agreement' means Agreement No. 5-07-10-L1688
between the United States and the District, entitled `Agreement Between
the United States and the American Falls Reservoir District No. 2 to Transfer
Title to the Federally Owned Milner-Gooding Canal and Certain Property
Rights, Title and Interest to the American Falls Reservoir District No.
2'.
(2) DISTRICT- The term `District' means the American Falls Reservoir District
No. 2, located in Jerome, Lincoln, and Gooding Counties, Idaho.
(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.
SEC. 3. AUTHORITY TO CONVEY TITLE.
(a) In General- In accordance with all applicable law and the terms and
conditions set forth in the Agreement, the Secretary may convey--
(1) to the District all right, title, and interest in and to the land
and improvements described in Appendix A of the Agreement, subject to
valid existing rights;
(2) to the city of Gooding, located in Gooding County, Idaho, all right,
title, and interest in and to the 5.0 acres of land and improvements described
in Appendix D of the Agreement; and
(3) to the Idaho Department of Fish and Game all right, title, and interest
in and to the 39.72 acres of land and improvements described in Appendix
D of the Agreement.
(b) Compliance With Agreement- All parties to the conveyance under subsection
(a) shall comply with the terms and conditions of the Agreement, to the
extent consistent with this Act.
SEC. 4. TRANSFER.
As soon as practicable after the date of enactment of this Act, the Secretary
shall direct the Director of the National Park Service to include in and
manage as a part of the Minidoka Internment National Monument the 10.18
acres of land and improvements described in Appendix D of the Agreement.
SEC. 5. COMPLIANCE WITH OTHER LAWS.
(a) In General- On conveyance of the land and improvements under section
3(a)(1), the District shall comply with all applicable Federal, State, and
local laws (including regulations) in the operation of each facility transferred.
(b) Applicable Authority- Nothing in this Act modifies or otherwise affects
the applicability of Federal reclamation law (the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that
Act (43 U.S.C. 371 et seq.)) to project water provided to the District.
SEC. 6. REVOCATION OF WITHDRAWALS.
(a) In General- The portions of the Secretarial Orders dated March 18, 1908,
October 7, 1908, September 29, 1919, October 22, 1925, March 29, 1927, July
23, 1927, and May 7, 1963, withdrawing the approximately 6,900 acres described
in Appendix E of the Agreement for the purpose of the Gooding Division of
the Minidoka Project, are revoked.
(b) Management of Withdrawn Land- The Secretary, acting through the Director
of the Bureau of Land Management, shall manage the withdrawn land described
in subsection (a) subject to valid existing rights.
SEC. 7. LIABILITY.
(a) In General- Subject to subsection (b), upon completion of a conveyance
under section 3, the United States shall not be liable for damages of any
kind for any injury arising out of an act, omission, or occurrence relating
to the land (including any improvements to the land) conveyed under the
conveyance.
(b) Exception- Subsection (a) shall not apply to liability for damages resulting
from an injury caused by any act of negligence committed by the United States
(or by any officer, employee, or agent of the United States) before the
date of completion of the conveyance.
(c) Federal Tort Claims Act- Nothing in this section increases the liability
of the United States beyond that provided in chapter 171 of title 28, United
States Code.
SEC. 8. FUTURE BENEFITS.
(a) Responsibility of the District- After completion of the conveyance of
land and improvements to the District under section 3(a)(1), and consistent
with the Agreement, the District shall assume responsibility for all duties
and costs associated with the operation, replacement, maintenance, enhancement,
and betterment of the transferred land (including any improvements to the
land).
(b) Eligibility for Federal Funding-
(1) IN GENERAL- Except as provided in paragraph (2), the District shall
not be eligible to receive Federal funding to assist in any activity described
in subsection (a) relating to land and improvements transferred under
section 3(a)(1).
(2) EXCEPTION- Paragraph (1) shall not apply to any funding that would
be available to a similarly situated nonreclamation district, as determined
by the Secretary.
SEC. 9. NATIONAL ENVIRONMENTAL POLICY ACT.
Before completing any conveyance under this Act, 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) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and
(4) all other applicable laws (including regulations).
SEC. 10. PAYMENT.
(a) Fair Market Value Requirement- As a condition of the conveyance under
section 3(a)(1), the District shall pay the fair market value for the withdrawn
lands to be acquired by them, in accordance with the terms of the Agreement.
(b) Grant for Building Replacement- As soon as practicable after the date
of enactment of this Act, and in full satisfaction of the Federal obligation
to the District for the replacement of the structure in existence on that
date of enactment that is to be transferred to the National Park Service
for inclusion in the Minidoka Internment National Monument, the Secretary,
acting through the Commission of Reclamation, shall provide to the District
a grant in the amount of $52,996, in accordance with the terms of the Agreement.
END
