[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1651 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1651
To transfer certain facilities, easements, and rights-of-way to Fort
Sumner Irrigation District, New Mexico.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2013
Mr. Pearce introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To transfer certain facilities, easements, and rights-of-way to Fort
Sumner 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 ``Fort Sumner Project Title Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the Fort Sumner
Irrigation District, located in De Baca County, New Mexico.
(2) Forbearance agreement.--The term ``Forbearance
Agreement'' means the contract between the United States and
the District for the forbearance of exercising priority water
rights numbered 08-WC-40-292 and dated August 21, 2009
(including any amendments to that contract).
(3) Project.--The term ``Project'' means the Fort Sumner
reclamation project.
(4) Repayment contract.--The term ``Repayment Contract''
means the contract between the United States and the District
numbered Ilr-1524 and dated November 5, 1948 (including any
supplements and amendments to that contract).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Memorandum of agreement.--The term ``Memorandum of
Agreement'' means the agreement entitled ``Memorandum of
Agreement between the United States and the Fort Sumner
Irrigation District Concerning Principles and Elements of
Proposed Transfer of Title to Fort Sumner Irrigation District
Facilities'' and numbered 11-WC-40-406 (including any
amendments to that agreement).
(7) Transfer agreement.--The term ``Transfer Agreement''
means the agreement between the United States and the Fort
Sumner Irrigation District that identifies the specific terms
and conditions of the title transfer. This document will be
completed after the requirements described in section 3(d) are
satisfied.
SEC. 3. CONVEYANCE.
(a) In General.--The Secretary is authorized to convey to the
District all right and title of the United States in and to all works,
land, and facilities of the Project, in accordance with the terms and
conditions established in the Transfer Agreement.
(b) Valid Existing Rights.--The conveyance under this section shall
be subject to all valid existing leases, permits, rights-of-way,
easements, and other rights appurtenant to the property conveyed.
(c) Costs of Conveyance.--The costs of the conveyance under this
section, including the costs of environmental compliance, may be shared
between the United States and the District, in accordance with the
Memorandum of Agreement.
(d) Compliance With Environmental Laws.--
(1) In general.--Before carrying out the conveyance under
subsection (a), the Secretary shall assure compliance with all
applicable requirements under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) any other law applicable to the property
conveyed.
(2) Effect.--Nothing in this Act modifies or alters any
obligation under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(e) Failure To Convey.--If the Secretary fails to complete the
conveyance under this section by the date that is 2 years after the
date of completion of the requirements described in subsection (d), the
Secretary shall submit to Congress a report that--
(1) explains the reasons why the conveyance has not been
completed; and
(2) states the date by which the conveyance will be
completed.
SEC. 4. LIABILITY.
(a) In General.--Effective on the date of the conveyance under
section 3, the United States--
(1) shall have no further interest in, and shall have no
responsibility for operating or maintaining, the Project; and
(2) shall not be liable for damages of any kind arising out
of any act, omission, or occurrence relating to the conveyed
property, except for damages caused by acts committed by the
United States or employees, agents, or contractors of the
United States before the date of the conveyance.
(b) Effect of Section.--Nothing in this section increases the
liability of the United States beyond the liability provided under
chapter 171 of title 28, United States Code (commonly known as the
``Federal Tort Claims Act'').
SEC. 5. TERMINATION OF REPAYMENT CONTRACT.
Effective beginning on the date of the conveyance under section 3--
(1) the Repayment Contract shall terminate; and
(2) the United States and the District shall have no
obligations under the Repayment Contract.
SEC. 6. FORBEARANCE AGREEMENT.
(a) Payment Obligation.--In accordance with paragraph (4)(A) of the
Forbearance Agreement, effective beginning on the date of termination
of the Repayment Contract under section 5. The United States shall have
no payment obligation under paragraph (4)(A) of the Forbearance
Agreement.
(b) Other Terms and Conditions.--All other terms and conditions of
the Forbearance Agreement shall remain in full force and effect on
termination of the Repayment Contract under section 5.
(c) Term.--The term of the Forbearance Agreement shall be not less
than 10 years after the date of enactment of this Act, as set forth in
the Memorandum of Agreement.
SEC. 7. FUTURE BENEFITS.
After conveyance of title under this Act--
(1) the conveyed property shall not be considered to be a
part of a Federal reclamation project; and
(2) the entity to which the property is conveyed shall not
be eligible to receive any benefits, including Federal project
power, with respect to the conveyed property, except for
benefits that would be available to a similarly situated entity
with respect to property that is not part of a Federal
reclamation project.
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