107th CONGRESS
1st Session
S. 1148
To convey the Lower Yellowstone Irrigation Project, the Savage Unit
of the Pick-Sloan Missouri Basin Program, and the Intake Irrigation Project
to the appurtenant irrigation districts.
IN THE SENATE OF THE UNITED STATES
June 29, 2001
Mr. BURNS introduced the following bill; which was read twice and referred
to the Committee on Energy and Natural Resources
A BILL
To convey the Lower Yellowstone Irrigation Project, the Savage Unit
of the Pick-Sloan Missouri Basin Program, and the Intake Irrigation Project
to the appurtenant irrigation districts.
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 `Lower Yellowstone Reclamation Projects Conveyance
Act'.
SEC. 2. DEFINITIONS.
(1) INTAKE IRRIGATION DISTRICT- The term `Intake Irrigation District' means
the irrigation district by that name that--
(A) is organized under the laws of the State of Montana; and
(B) operates the Intake Project.
(2) INTAKE PROJECT- The term `Intake Project' means the Federal irrigation
feature authorized under the Act of August 11, 1939 (53 Stat. 1418, chapter
717).
(3) IRRIGATION DISTRICT- The term `irrigation district' means--
(A) the Intake Irrigation District;
(B) the Lower Yellowstone Irrigation District No. 1;
(C) the Lower Yellowstone Irrigation District No. 2; and
(D) the Savage Irrigation District.
(4) LOWER YELLOWSTONE IRRIGATION DISTRICT NO. 1- The term `Lower Yellowstone
Irrigation District No. 1' means the irrigation district by that name that--
(A) is organized under the laws of the State of Montana; and
(B) operates the part of the Lower Yellowstone Irrigation Project located
in the State of Montana.
(5) LOWER YELLOWSTONE IRRIGATION DISTRICT NO. 2- The term `Lower Yellowstone
Irrigation District No. 2' means the irrigation district by that name that--
(A) is organized under the laws of the State of North Dakota; and
(B) operates the part of the Lower Yellowstone Irrigation Project located
in the State of North Dakota.
(6) LOWER YELLOWSTONE IRRIGATION PROJECT- The term `Lower Yellowstone Irrigation
Project' means the Federal irrigation feature authorized by the Act of June
17, 1902 (32 Stat. 388, chapter 1093).
(7) MEMORANDUM OF UNDERSTANDING- The term `memorandum of understanding'
means the memorandum of understanding dated November 16, 1999, between the
irrigation districts and the Montana Area Office, Great Plains Region, of
the Bureau of Reclamation, for the purpose of defining certain principles
by which title to the projects will be conveyed from the United States to
the irrigation districts.
(8) PICK-SLOAN MISSOURI BASIN PROGRAM- The term `Pick-Sloan Missouri Basin
Program' means the comprehensive Federal program for multipurpose benefits
within the Missouri River Basin (including irrigation), authorized by section
9 of the Act of December 22, 1944 (commonly known as the `Flood Control
Act of 1944') (58 Stat. 891, chapter 665).
(9) PICK-SLOAN MISSOURI BASIN PROGRAM PROJECT USE POWER- The term `Pick-Sloan
Missouri Basin Program project use power' means power generated and transmitted
at a rate covering operation, maintenance, and replacement expenses of the
Pick-Sloan power system for maintaining the irrigation features of the Pick-Sloan
Missouri Basin Program.
(10) PROJECT- The term `project' means--
(A) the Lower Yellowstone Irrigation Project;
(B) the Intake Irrigation Project; and
(11) SAVAGE IRRIGATION DISTRICT- The term `Savage Irrigation District' means
the irrigation district by that name that--
(A) is organized under the laws of the State of Montana; and
(B) operates the Savage Unit.
(12) SAVAGE UNIT- The term `Savage Unit' means the Savage Unit of the Pick-Sloan
Missouri Basin Program, a Federal irrigation feature authorized by the Act
of December 22, 1944 (commonly known as the `Flood Control Act of 1944')
(58 Stat. 891, chapter 665).
(13) SECRETARY- The term `Secretary' means the Secretary of the Interior.
SEC. 3. CONVEYANCE OF PROJECTS.
(1) RECLAMATION WITHDRAWALS-
(A) CONVEYANCE TO RICHLAND COUNTY- The Secretary shall convey to the government
of Richland County, Montana, without consideration, all right, title,
and interest of the United States in and to the property in Richland County
described as SE 1/4 NE 1/4 , sec. 13, T. 23 N., R. 59 E.
(B) CONVEYANCE TO LOWER YELLOWSTONE IRRIGATION DISTRICTS NO. 1 AND 2-
The Secretary shall convey to the Lower Yellowstone Irrigation District
No. 1 and the Lower Yellowstone Irrigation District No. 2, without consideration,
all right, title, and interest of the United States in and to property
in the principal meridian, in Dawson and Richland Counties, Montana, described
as--
(i) lots 1 through 6 of sec. 2, T. 17 N., R. 56 E.; NW 1/4 of sec. 6,
T. 17 N., R. 57 E.; SW 1/4 NW 1/4 of sec. 26, T. 22 N., R. 58. E.;
(ii) lots 4 through 7 of sec. 2; and
(iii) lot 1 and lot 2 of sec. 3, T. 23 N., R. 59 E.; and lot 2 of sec.
18, T. 24 N., R. 60 E.
(2) FEE OWNERSHIP LAND, EASEMENTS, RIGHTS-OF-WAY, FEATURES, AND WATER RIGHTS-
In conveying the projects under paragraph (1)(B), the Secretary shall convey
to the irrigation districts, by quitclaim deed--
(A) all fee ownership land, easements, and rights-of-way in connection
with the projects;
(B) all right, title, and interest of the United States in and to all
diversion, carriage, distribution, drainage, and appurtenant physical
features used to serve the land within the irrigation districts; and
(C) all natural flow, wastewater, seepage, return flow, domestic water,
stock water, and groundwater rights held in part or wholly in the name
of the United States that are used to serve the land.
(b) REVOCATION OF RECLAMATION WITHDRAWALS AND ORDERS-
(1) RECLAMATION WITHDRAWAL- The reclamation withdrawal established for the
Lower Yellowstone Irrigation Project in lots 1 and 2, section 3, T. 23 N.,
R. 59 E., by Public Land Order 4711, dated October 6, 1969, is revoked.
(A) IN GENERAL- The following Secretarial Orders are revoked:
(i) The Secretarial Order of March 22, 1906, issued for irrigation works
on lot 3 (lots 5, 6, and 7 as of the date of enactment of this Act)
and lot 4, section 2, T. 23 N., R. 59 E.
(ii) The Secretarial Order of August 8, 1905, issued for irrigation
works in section 2, T. 17 N., R. 56 E. and section 6, T. 17 N., R. 57
E.
(B) PARTIAL REVOCATION- The Secretarial Order of August 24, 1903, issued
in connection with the Lower Yellowstone Irrigation Project, is revoked
insofar as the order applies to the following land:
(i) In the principal meridian, Montana:
(I) Lot 9 of sec. 2, lot 2 of sec. 30, T. 18 N., R. 57 E.
(II) Lot 3 of sec. 4, T. 19 N., R. 58 E.
(III) Lots 2, 3, 6, and 7 of sec. 4, T. 21 N., R. 58 E.
(IV) SW 1/4 NW 1/4 of sec. 26, T. 22 N., R. 58 E.
(V) Lots 1, 4, 7 and NW 1/4 SW 1/4 of sec. 20, T. 22 N., R. 59 E.
(VI) SE 1/4 NE 1/4 of sec. 13, T. 23 N., R. 59 E.
(VII) Lot 2 of sec. 18, T. 24 N., R. 60 E.
(ii) In the fifth principal meridian, North Dakota:
(II) Lots 1, 2, 3, and NE 1/4 NE 1/4 of sec. 10.
(V) Lot 3 of sec. 35, T. 151 N., R. 104 W.
(VI) Lot 7 of sec. 28, T. 152 N., R. 104 W.
(c) DELIVERY OF DOCUMENTS- The Secretary shall deliver to the irrigation districts
all patents, land deeds, court proceedings, water right abstracts, contracts,
special use permits, licenses, permits, and any other documents relating to
the projects executed on behalf of the Secretary.
(d) SAVAGE UNIT FINANCIAL OBLIGATIONS-
(1) SAVAGE IRRIGATION DISTRICT OBLIGATION- The Secretary shall accept from
the Savage Irrigation District an amount equal to the value, as of the date
of enactment of this Act, of the remaining water supply payment obligation
of $68,280 under contract number Ilr-1525, as extended by contract number
9-07-60-W0770, as full payment of the Savage Irrigation District's share
of the construction of the Savage Unit.
(2) PICK-SLOAN MISSOURI BASIN PROGRAM BENEFICIARIES OBLIGATION- The Secretary
shall accept from the Pick-Sloan Missouri Basin Program power beneficiaries
an amount equal to the value, as of the date of enactment of this Act, of
the aid-to-irrigation payment obligation of $667,702 as full payment of
aid-to-irrigation associated with the construction of the Savage Unit.
(e) REPORT- If any conveyance required under subsection (a) has not occurred
within 2 years after the date of enactment of this Act, the Secretary shall
submit to Congress a report on the status of the conveyance.
SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.
(a) IN GENERAL- Nothing in this Act expands or otherwise affects the use or
operation of the projects as used and operated as of the date of enactment
of this Act.
(b) RECREATION MANAGEMENT- As a condition of the conveyance of the land under
section 3(a)(1)(B), the Secretary shall require that Lower Yellowstone Irrigation
District No. 1 and Lower Yellowstone Irrigation District No. 2 convey a perpetual
conservation easement to the State of Montana, at no cost to the State, for
the purposes of protecting, preserving, and enhancing the conservation values
of, and permitting recreation on land to be conveyed under that section, as
jointly agreed to by Lower
Yellowstone Irrigation District No. 1, Lower Yellowstone Irrigation District
No. 2, and the State of Montana.
(c) PICK-SLOAN MISSOURI BASIN PROGRAM PROJECT PUMPING POWER SERVICE- The Secretary--
(1) shall sustain the irrigation developments established by the projects
as components of the irrigation plan under the Pick-Sloan Missouri River
Basin Program; and
(2)(A) shall continue to provide the irrigation districts with Pick-Sloan
Missouri Basin project use power at the pumping plants of the irrigation
districts (subject to section 5(a)); but
(B) shall prohibit any ability-to-pay adjustment for the power rate.
SEC. 5. YELLOWSTONE RIVER FISHERIES PROTECTION.
(a) IN GENERAL- The Secretary, in cooperation with the irrigation districts,
shall provide fish protection devices to--
(1) prevent juvenile and adult fish from entering the main canal of the
Lower Yellowstone Irrigation Project; and
(2) allow bottom-dwelling fish species to migrate above the intake diversion
dam on the Yellowstone River for that project.
(b) PARTICIPATION- The Secretary and the irrigation districts cooperate in
planning, engineering, and constructing the fish protection devices.
(1) IN GENERAL- For a period of at least 2 years after the date of completion
of construction of the fish protection devices, the Secretary, acting through
the Commissioner of Reclamation and the Director of the United States Fish
and Wildlife Service, shall establish and conduct a monitoring plan to measure
the effectiveness of the devices.
(2) MAINTENANCE- The Commissioner of Reclamation shall be responsible for
modifying the fish protection devices as necessary to ensure proper functioning.
SEC. 6. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS.
On conveyance of the projects under this Act, the irrigation districts shall
not be--
(1) subject to 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.)); or
(2) except as provided in section 4(c), entitled to receive any reclamation
benefits under that law.
SEC. 7. LIABILITY.
(a) IN GENERAL- Effective on the date of conveyance of a project under this
Act, the United States shall not be liable under any Federal or State law
for damages of any kind arising out of any act, omission, or occurrence relating
to the project, except for damages caused by acts of negligence committed
by the United States or by an employee, agent, or contractor of the United
States, before the date of the conveyance.
(b) FEDERAL TORT CLAIMS- Nothing in this section increases the liability of
the United States beyond that provided as of the date of enactment of this
Act under chapter 171 of title 28, United States Code (commonly known as the
`Federal Tort Claims Act').
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry
out this Act.
END
