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Calendar No. 46
106th CONGRESS
1st Session
S. 291
[Report No. 106-19]
To convey certain real property within the Carlsbad Project in New
Mexico to the Carlsbad Irrigation District.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 21, 1999
Mr. Domenici (for himself and Mr. Bingaman) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
March 17, 1999
Reported by Mr. Murkowski, without amendment
_______________________________________________________________________
A BILL
To convey certain real property within the Carlsbad Project in New
Mexico to the Carlsbad Irrigation District.
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 Transfer Act''.
SEC. 2. CONVEYANCE.
(a) Lands and Facilities.--
(1) In general.--Except as provided in paragraph (2), and
subject to subsection (c), the Secretary of the Interior (in
this Act referred to as the ``Secretary'') may convey to the
Carlsbad Irrigation District (a quasi-municipal corporation
formed under the laws of the State of New Mexico and in this
Act referred to as the ``District''), all right, title, and
interest of the United States in and to the lands described in
subsection (b) (in this Act referred to as the ``acquired
lands'') and all interests the United States holds in the
irrigation and drainage system of the Carlsbad Project and all
related lands including ditch rider houses, maintenance shop
and buildings, and Pecos River Flume.
(2) Limitation.--
(A) Retained surface rights.--The Secretary shall
retain title to the surface estate (but not the mineral
estate) of such acquired lands which are located under
the footprint of Brantley and Avalon dams or any other
project dam or reservoir division structure.
(B) Storage and flow easement.--The Secretary shall
retain storage and flow easements for any tracts
located under the maximum spillway elevations of Avalon
and Brantley Reservoirs.
(b) Acquired Lands Described.--The lands referred to in subsection
(a) are those lands (including the surface and mineral estate) in Eddy
County, New Mexico, described as the acquired lands and in section (7)
of the ``Status of Lands and Title Report: Carlsbad Project'' as
reported by the Bureau of Reclamation in 1978.
(c) Terms and Conditions of Conveyance.--Any conveyance of the
acquired lands under this Act shall be subject to the following terms
and conditions:
(1) Management and use, generally.--The conveyed lands
shall continue to be managed and used by the District for the
purposes for which the Carlsbad Project was authorized, based
on historic operations and consistent with the management of
other adjacent project lands.
(2) Assumed rights and obligations.--Except as provided in
paragraph (3), the District shall assume all rights and
obligations of the United States under--
(A) 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
(B) 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.
(3) Exceptions.--In relation to agreements referred to in
paragraph (2)--
(A) the District shall not be obligated for any
financial support agreed to by the Secretary, or the
Secretary's designee, in either agreement; and
(B) the District shall not be entitled to any
receipts for revenues generated as a result of either
agreement.
(d) Completion of Conveyance.--If the Secretary does not complete
the conveyance within 180 days from the date of enactment of this Act,
the Secretary shall submit a report to the Congress within 30 days
after that period that includes a detailed explanation of problems that
have been encountered in completing the conveyance, and specific steps
that the Secretary has taken or will take to complete the conveyance.
SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED
LANDS.
(a) Identification and Notification of Leaseholders.--Within 120
days after the date of enactment of this Act, the Secretary of the
Interior shall--
(1) provide to the District a written identification of all
mineral and grazing leases in effect on the acquired lands on
the date of enactment of this Act; and
(2) notify all leaseholders of the conveyance authorized by
this Act.
(b) Management of Mineral and Grazing 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 acquired lands conveyed under section 2, 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 of the Summer Dam
which, prior to conveyance, was the responsibility of the Bureau of
Reclamation, with the exception of major maintenance programs in
progress prior to conveyance which shall be funded through the cost
share formulas in place at the time of conveyance. The District shall
continue to adhere to the current Bureau of Reclamation mineral leasing
stipulations for the Carlsbad Project.
(c) Availability of Amounts Paid Into Reclamation Fund.--
(1) Existing receipts.--Receipts 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 in the General Treasury and credited to deficit
reduction or retirement of the Federal debt.
(2) Receipts after enactment.--Of the receipts from mineral
and grazing leases, licenses, and permits on acquired lands to
be conveyed under section 2, that are received by the United
States after the date of enactment and before the date of
conveyance--
(A) not to exceed $200,000 shall be available to
the Secretary for the actual costs of implementing this
Act with any additional costs shared equally between
the Secretary and the District; and
(B) the remainder shall be deposited into the
General Treasury of the United States and credited to
deficit reduction or retirement of the Federal debt.
SEC. 4. VOLUNTARY WATER CONSERVATION PRACTICES.
Nothing in this Act shall be construed to limit the ability of the
District to voluntarily implement water conservation practices.
SEC. 5. LIABILITY.
Effective on the date of conveyance of any lands and facilities
authorized by this Act, the United States shall not be held liable by
any court for damages of any kind arising out of any act, omission, or
occurrence relating to the conveyed property, except for damages caused
by acts of negligence committed by the United States or by its
employees, agents, or contractors, prior to conveyance. Nothing in this
section shall be considered to increase the liability of the United
States beyond that provided under chapter 171 of title 28, United
States Code, popularly known as the Federal Tort Claims Act.
SEC. 6. FUTURE BENEFITS.
Effective upon transfer, the lands and facilities transferred
pursuant to this Act shall not be entitled to receive any further
Reclamation benefits pursuant to the Reclamation Act of June 17, 1902,
and Acts supplementary thereof or amendatory thereto attributable to
their status as part of a Reclamation Project.
Calendar No. 46
106th CONGRESS
1st Session
S. 291
[Report No. 106-19]
_______________________________________________________________________
A BILL
To convey certain real property within the Carlsbad Project in New
Mexico to the Carlsbad Irrigation District.
_______________________________________________________________________
March 17, 1999
Reported without amendment
Pages: 1 Other Popular 106th Congressional Bills Documents:
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