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H.R. 101 (ih) To amend the National Forest Foundation Act to extend and increase the ...
Union Calendar No. 155 106th CONGRESS 1st Session H. R. 1019 [Report No. 106-260] To direct the Secretary of the Interior to convey lands and interests comprising the Carlsbad Irrigation Project to the Carlsbad Irrigation District, New Mexico. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 4, 1999 Mr. Skeen introduced the following bill; which was referred to the Committee on Resources July 26, 1999 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To direct the Secretary of the Interior to convey lands and interests comprising the Carlsbad Irrigation Project to the Carlsbad Irrigation District, New Mexico. 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 ``Carlsbad Irrigation Project Acquired Land Conveyance Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``District'' means the Carlsbad Irrigation District, a quasimunicipal corporation formed under the laws of the State of New Mexico that has its principal place of business in the city of Carlsbad, Eddy County, New Mexico. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Project'' means all right, title, and interest in and to the lands (including the subsurface and mineral estate) in Eddy County, New Mexico, described as the acquired lands in section (7) of the Status of Lands and Title Report: Carlsbad Project as reported by the Bureau of Reclamation in 1978 and all interests the United States holds in the irrigation and drainage system of the Carlsbad Project and all related ditch rider houses, maintenance shop and buildings, and Pecos River Flume. SEC. 3. CONVEYANCE OF PROJECT. (a) In General.--Except as provided in subsection (b), in consideration of the District accepting the obligations of the Federal Government for the Project, and subject to the completion of payments by the District required under subsection (c)(3), the Secretary shall convey the Project to the District. (b) Retained Title.--The Secretary shall retain title to the surface estate (but not the mineral estate) of such Project lands which are located under the footprint of Brantley and Avalon dams or any other Project dam or reservoir diversion structure. The Secretary shall retain storage and flow easements for any tracts located under the maximum spillway elevations of Avalon and Brantley Reservoirs. (c) Deadline.-- (1) In general.--If no changes in Project operations are expected following the conveyance under subsection (a), the Secretary shall complete the conveyance expeditiously, but not later than 180 days after the date of the enactment of this Act. (2) Deadline if changes in operations intended.--If the District intends to change Project operations as a result of the conveyance under subsection (a), the Secretary-- (A) shall take into account those potential changes for the purpose of completing any required environmental evaluation associated with the conveyance; and (B) shall complete the conveyance by not later than 2 years after the date of the enactment of this Act. (3) Administrative costs of conveyance.--If the Secretary fails to complete the conveyance under this Act before the applicable deadline under paragraph (1) or (2), the full cost of administrative action and environmental compliance for the conveyance shall be borne by the Secretary. If the Secretary completes the conveyance before that deadline, \1/2\ of such cost shall be paid by the District. SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS. (a) In General.--Nothing in this Act shall be construed as significantly expanding or otherwise changing the use and operation of the Project from its current use. The Project shall continue to be managed and used by the District for the purposes for which the Project was authorized, based on historic operations, and consistent with the management of other adjacent project lands. (b) Future Alterations.--If the District alters the operations or uses of the Project, it shall comply with all applicable laws or regulations governing such changes at that time (subject to section 5). SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS. (a) In General.--Except as provided in subsection (b), upon conveyance of the Project under this Act the District shall assume all rights and obligations of the United States under 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 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. (b) Limitation.--The District shall not be obligated for any financial support agreed to by the Secretary, or the Secretary's designee, in either agreement and the District shall not be entitled to any receipts or revenues generated as a result of either agreement. SEC. 6. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED LANDS. (a) Notification of Leaseholders.--Within 120 days after the date of enactment of this Act, the Secretary shall provide to the District a written identification of all mineral and grazing leases in effect on Project lands on the date of enactment of this Act and notify all leaseholders of the conveyance authorized by this Act. (b) Management of 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 Project lands conveyed under section 3, 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 at the Sumner Dam that, prior to conveyance, was the responsibility of the Bureau of Reclamation, with the exception of major maintenance programs in progress prior to conveyance. The District shall continue to adhere to the current Bureau of Reclamation mineral leasing stipulations for the Project. (c) Availability of Amounts Paid Into the Reclamation Fund.-- (1) Amounts in fund on date of enactment.--Amounts 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 into the general fund of the Treasury and credited to deficit reduction or retirement of the Federal debt. (2) Receipts after date of enactment.--Of the receipts from mineral and grazing leases, licenses, and permits on Project lands to be conveyed under section 3 that are received by the United States after the date of enactment of this Act and before the date of conveyance, up to $200,000 shall be applied to pay the cost referred to in section 3(c)(3) and the remainder shall be deposited into the general fund of the Treasury of the United States and credited to deficit reduction or retirement of the Federal debt. SEC. 7. WATER CONSERVATION PRACTICES. Nothing in this Act shall be construed to limit the ability of the District to voluntarily implement water conservation practices. SEC. 8. LIABILITY. Except as otherwise provided by law, effective on the date of conveyance of the Project under this Act, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence based on its prior ownership or operation of the conveyed property. SEC. 9. FUTURE RECLAMATION BENEFITS. After completion of the conveyance under this Act, the District shall not be eligible for any emergency loan from the Bureau of Reclamation for maintenance or replacement of any facility conveyed under this Act. Union Calendar No. 155 106th CONGRESS 1st Session H. R. 1019 [Report No. 106-260] _______________________________________________________________________ A BILL To direct the Secretary of the Interior to convey lands and interests comprising the Carlsbad Irrigation Project to the Carlsbad Irrigation District, New Mexico. _______________________________________________________________________ July 26, 1999 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
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