[Pages S11645-S11647]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FREMONT-MADISON CONVEYANCE ACT

Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 645, S. 2556.
The ACTING PRESIDENT pro tempore. The clerk will report the bill by
title.
The legislative clerk read as follows:

A bill (S. 2556) to authorize the Secretary of the Interior
to convey certain facilities to the Fremont-Madison
Irrigation District in the State of Idaho.

There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Energy and Natural
Resources, with an amendment to strike all after the enacting clause
and inserting in lieu thereof the following:
[Strike the part shown in black brackets and insert the part shown in
Italic.]

S. 2556

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''.

[[Page S11646]]

[SEC. 2. DEFINITIONS.

[In this Act:
[(1) Agreement.--The term ``Agreement'' means the
memorandum of agreement between the Secretary and the
District identified as Contract No. 1425-01-MA-10-3310, and
dated September 13, 2001.
[(2) District.--The term ``District'' means the Fremont-
Madison Irrigation District, an irrigation district organized
under State law.
[(3) Facility.--The term ``facility'' means--
[(A) the Cross Cut Diversion Dam, the Cross Cut Canal, and
the Teton Exchange Wells in the State;
[(B) any canal, lateral, drain, or other component of the
water distribution and drainage system that, on the date of
enactment of this Act, is operated or maintained by the
District to deliver water to and drainage of water from land
within the boundaries of the District; and
[(C) with respect to the Teton Exchange Wells--
[(i) Idaho Department of Water Resources permit number 22-
7022, including drilled wells under the permit, as described
in the Agreement; and
[(ii) any appurtenant equipment.
[(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
[(5) State.--The term ``State'' means the State of Idaho.

[SEC. 3. CONVEYANCE OF FACILITIES.

[(a) In General.--As soon as practicable after the date of
enactment of this Act, but not later than September 13, 2003,
subject to applicable laws and in accordance with the
Agreement, the Secretary shall convey to the District all
right, title, and interest of the United States in and to the
facilities.
[(b) Consideration.--
[(1) In general.--In exchange for the conveyance of the
facilities under subsection (a), the District shall pay to
the Secretary an amount equal to the lesser of--
[(A) the net value of any remaining obligations owed to the
United States by the District with respect to the facilities
conveyed, as determined on the date of the conveyance; or
[(B) $280,000.
[(2) Administrative costs.--
[(A) In general.--In addition to amounts paid to the
Secretary under paragraph (1), the District shall pay to the
Secretary, subject to subparagraph (B), any administrative
costs incurred by the Secretary in conveying the facilities,
including the costs of carrying out a review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
[(B) Limitation.--The District shall pay to the Secretary
not more than $40,000 in administrative costs under
subparagraph (A).
[(3) Deposit.--Amounts received by the Secretary under
paragraph (1) or (2) shall be deposited in the reclamation
fund established under the first section of the Act of June
17, 1902 (43 U.S.C. 391).
[(c) Condition.--As a condition of the conveyance under
subsection (a), the Secretary shall, not later than the date
on which the facilities are conveyed, comply with any
applicable requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).

[SEC. 4. LIABILITY.

[(a) In General.--Beginning on the date on which the
facilities are conveyed under section 3(a), the United States
shall not be liable, except as provided in subsection (b),
under any Federal or State law for damage from any act,
omission, or occurrence relating to the facilities.
[(b) Exception.--Notwithstanding subsection (a), the United
States shall be liable for damage caused by acts of
negligence committed by the United States or by an employee,
agent, or contractor of the United States, before the date on
which the facilities are conveyed under section 3(a).
[(c) Federal Tort Claims.--Nothing in this section
increases the liability of the United States beyond that
provided in chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims Act'') as in
effect on the date of enactment of this Act.

[SEC. 5. WATER SUPPLY TO DISTRICT LAND.

[(a) In General.--The Secretary shall increase, by a
quantity equal to the number of acres that are in the
District on the date of enactment of this Act, the number of
acres in the District that are eligible to receive water from
the Minidoka Project and the Teton Basin Project.
[(b) Extension of Water Service Contract.--The water
service contract between the Secretary and the District,
numbered 7-07-10-W0179, and dated September 16, 1977, is
extended until the date on which the conditions of this Act
are fulfilled, as determined by the Secretary.
[(c) Effect.--This section does not authorize the use of
any additional water from a project carried out under 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.)) beyond that which is
authorized on the date of enactment of this Act under--
[(1) water storage contracts; and
[(2) State water law.

[SEC. 6. EFFECT.

[Except as specifically provided in this Act, nothing in
this Act affects--
[(1) the rights of any person with respect to the
facilities; or
[(2) any contract executed by the United States or under
State law with respect to any right of an irrigation district
to use water made available by the facilities conveyed under
this Act.

[SEC. 7. REPORT.

[If the Secretary has not conveyed the facilities to the
District by the date that is 1 year after the date of
enactment of this Act, the Secretary shall, not later than
that date, submit to Congress a report that--
[(1) explains the reasons why the conveyance has not been
completed; and
[(2) specifies the date by which the conveyance is proposed
to be completed.

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.
1425-0901-09MA-0910-093310), 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, 2003, 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 administrative 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-
0901-09MA-0910-093310.
(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 2, that the
District pay to the 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 referenced in section 3, the Secretary shall also
convey to the District--
(1) Idaho Department of Water Resources permit number 22-
097022, including drilled wells under the permit, as
described in Contract No. 1425-0901-09MA-0910-093310; 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.
7-0907-0910-09W0179, 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
environmental reviews and analyses as set forth in the MOA.

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 their
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 fisherey, in the Henry's Fork watershed.
Within 18 months of enactment of this Act, the Secretary
shall report to Congress with 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
(2) any right in existence on the date of enactment of this
Act of the Shoshone-Bannock

[[Page S11647]]

Tribes of the Fort Hall Reservation 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.
Mrs. FEINSTEIN: Mr. President, I rise today in support of legislation
to authorize the Secretary of the Interior and other Federal agency
heads to carry out activities during fiscal years 2003 through 2005 to
implement the Calfed Bay-Delta Program. This program is of tremendous
importance to my home State of California. Its mission is to develop
and implement a long-term comprehensive plan that will improve water
management for the Bay-Delta and restore its ecological health. The
program has several goals: improving water supply reliability,
including additional water storage and conveyance; protecting drinking
water quality; restoring ecological health; and protecting Delta
levees.
Mr. President, on August 28, 2000, the Federal Government and the
State of California entered into a Record of Decision (ROD) which
selects a preferred program alternative for the Calfed Bay-Delta
Program, setting forth the overall direction of this program. Under the
ROD, the Calfed agencies (comprised of both Federal and State agencies)
will proceed with the specific actions in Stage 1, which covers the
first 7 years of this program. This legislation authorizes those Stage
1 actions which are to take place in fiscal years 2003 through 2005 for
which there are appropriations. A fundamental tenet of this program is
that all program elements proceed in a balanced manner. The Record of
Decision explicitly requires balance in carrying out the program.
While the provision that the Senate is considering today is scaled
back from the bills that I have previously introduced on this matter,
the intent of the legislation is the same: to provide that the Calfed
Program be carried out in a balanced manner consistent with the Record
of Decision of August 28, 2000, including the principles and schedules
stated therein, and other applicable law. I want to clarify that this
provision in no way affects or modifies any other authority that an
agency has to carry out activities related to, or in furtherance of,
the Calfed Program.
Finally, this legislation would provide authority to the Secretary of
the Interior and the other Federal agency heads identified in the ROD
to participate in the Calfed Bay-Delta Authority established by the
California Bay-Delta Authority Act, to the extent not inconsistent with
other law.
Mr. President, early next Congress, Senator Kyl and I plan to
introduce additional Calfed authorizing legislation on which we have
collaborated that would provide greater specificity. I thank Senator
Kyl for his willingness to work with me on this important matter.
Mr. President, I am pleased that the Senate is favorably considering
this legislation today. The Calfed Bay-Delta Program enjoys broad-based
support in California and is vital to the future of the State.
Mrs. BOXER. Mr. President, I am pleased today that the Senate is
passing legislation to authorize the Secretary of the Interior and
other Federal agency heads to participate in the implementation of the
CALFED Bay-Delta Program.
For decades, water allocation in California was conducted through
endless appeals, lawsuits, and divisive ballot initiatives. Such
battles were painful and they prevented us from finding real solutions
to our state's very real water problems. In 1994, a new state-federal
partnership program called CALFED promised a better way. Through a plan
to provide reliable, clean water to farms, businesses, and millions of
Californians while at the same time restoring our fish, wildlife and
environment, CALFED was committed to identifying a solution that all
water users could share.
Over the years, what has made CALFED work is that it employs a
consensus approach that balances the needs of the various interests
competing for California's scarce water resources. This balance is most
clearly articulated in the Record of Decision (ROD) that was agreed to
on August 28, 2000 by the Federal Government and the State of
California. The CALFED ROD outlines clearly the CALFED Bay-Delta
Programs' goals and repeatedly reiterates the need to move forward with
these goals in a balanced manner.
This legislation authorizes the federal agencies to undertake the
actions and activities identified in the ROD. It is our intent that all
activities are to be implemented in a manner consistent with the ROD.
This legislation is not intended to authorize activities, such as major
construction projects, that would otherwise require completion of
feasibility studies, permits under section 404(a) of the Clean Water
Act and other applicable laws, and project-specific authorizations. In
addition, the legislation requires that federal participation in the
CALFED Bay-Delta Program proceed in a way that is consistent with other
laws.
I want to particularly thank my colleague, Senator Feinstein, for her
continued leadership on this legislation. This bill will help insure
that the CALFED Bay-Delta Program continues to play a vital role in
meeting California's water needs.

Amendment No. 4978

Mr. REID. Senator Bingaman has a substitute at the desk. I ask
unanimous consent that the amendment be agreed to, the motion to
reconsider be laid upon the table, the committee-reported substitute,
as amended, be agreed to, and the motion to reconsider be laid upon the
table, the bill, as amended, be read the third time and passed, the
motion to reconsider be laid upon table, with no intervening action or
debate, and that any statements relating to this matter be printed in
the Record.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The amendment (No. 4978) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The committee amendment in he nature of a substitute, as amended, was
agreed to.
The bill (S. 2556), as amended, was read the third time and passed,
as follows:
(The bill will be printed in a future edition of the Record.)

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