[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1662 Reported in Senate (RS)]
<DOC>
Calendar No. 356
118th CONGRESS
2d Session
S. 1662
[Report No. 118-165]
To direct the Secretary of the Interior to convey to the Midvale
Irrigation District the Pilot Butte Power Plant in the State of
Wyoming, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Barrasso (for himself and Ms. Lummis) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
April 9, 2024
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to convey to the Midvale
Irrigation District the Pilot Butte Power Plant in the State of
Wyoming, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Pilot Butte Power Plant
Conveyance Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Agreement.--The term ``Agreement'' means the
agreement entered into under section 3(a).</DELETED>
<DELETED> (2) District.--The term ``District'' means the
Midvale Irrigation District located in Pavillion,
Wyoming.</DELETED>
<DELETED> (3) Power plant.--The term ``Power Plant'' means
the Pilot Butte Power Plant and other appurtenant facilities in
the State of Wyoming authorized under the Act of March 2, 1917
(39 Stat. 969, chapter 146), transferred to the jurisdiction of
the Bureau of Reclamation under the Act of June 5, 1920 (41
Stat. 874, chapter 235), and incorporated into the Riverton
Unit of the Pick-Sloan Missouri Basin Program under Public Law
91-409 (84 Stat. 861), including the underlying land.</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Commissioner of
Reclamation.</DELETED>
<DELETED>SEC. 3. AGREEMENT, CONVEYANCE, AND REPORT.</DELETED>
<DELETED> (a) Agreement.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall enter into good faith
negotiations with the District to enter into an agreement to determine
the legal, institutional, and financial terms for the conveyance of the
Power Plant from the Secretary to the District.</DELETED>
<DELETED> (b) Conveyance.--</DELETED>
<DELETED> (1) In general.--In consideration for the District
assuming from the United States all liability for the
administration, operation, maintenance, and replacement of the
Power Plant, the Secretary shall offer to convey and assign to
the District all right, title, and interest of the United
States in and to the Power Plant--</DELETED>
<DELETED> (A) subject to valid leases, permits,
rights-of-way, easements, and other existing rights;
and</DELETED>
<DELETED> (B) in accordance with--</DELETED>
<DELETED> (i) the terms and conditions
described in the Agreement; and</DELETED>
<DELETED> (ii) this Act.</DELETED>
<DELETED> (2) Status of land.--Effective on the date of the
conveyance of the Power Plant to the District under paragraph
(1), the Power Plant shall not be considered to be a part of a
Federal reclamation project.</DELETED>
<DELETED> (c) Report.--If the conveyance authorized under subsection
(b)(1) is not completed by the date that is 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that describes--
</DELETED>
<DELETED> (1) the status of the conveyance under that
subsection;</DELETED>
<DELETED> (2) any obstacles to completing the conveyance
under that subsection; and</DELETED>
<DELETED> (3) an anticipated date for the completion of the
conveyance under that subsection.</DELETED>
<DELETED>SEC. 4. LIABILITY.</DELETED>
<DELETED> (a) Damages.--Except as otherwise provided by law and for
damages caused by acts of negligence committed by the United States or
by employees or agents of the United States, effective on the date of
the conveyance of the Power Plant to the District under section
3(b)(1), 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 Power Plant.</DELETED>
<DELETED> (b) Torts 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'').</DELETED>
<DELETED>SEC. 5. COMPLIANCE WITH OTHER LAWS.</DELETED>
<DELETED> (a) Compliance With Environmental and Historic
Preservation Laws.--Before making the conveyance authorized under
section 3(b)(1), the Secretary shall complete all actions required
under--</DELETED>
<DELETED> (1) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);</DELETED>
<DELETED> (2) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);</DELETED>
<DELETED> (3) subtitle III of title 54, United States Code;
and</DELETED>
<DELETED> (4) any other applicable laws.</DELETED>
<DELETED> (b) Compliance by the District.--Effective on the date of
the conveyance of the Power Plant to the District under section
3(b)(1), the District shall comply with all applicable Federal, State,
and local laws (including regulations) with respect to the operation of
the Power Plant.</DELETED>
<DELETED>SEC. 6. PAYMENT OF COSTS.</DELETED>
<DELETED> (a) Administrative Costs.--Administrative costs for the
conveyance of the Power Plant to the District under section 3(b)(1)
shall be paid in equal shares by the Secretary and the
District.</DELETED>
<DELETED> (b) Real Estate Transfer Costs.--The costs of all boundary
surveys, title searches, cadastral surveys, appraisals, and other real
estate transactions required for the conveyance of the Power Plant to
the District under section 3(b)(1) shall be paid in equal shares by the
Secretary and the District.</DELETED>
<DELETED> (c) Costs of Compliance With Other Laws.--The costs
associated with any review required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), subtitle III of title 54, United
States Code, or any other applicable laws for conveyance of the Power
Plant to the District under section 3(b)(1) shall be paid in equal
shares by the Secretary and the District.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pilot Butte Power Plant Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
entered into under section 3(a).
(2) District.--The term ``District'' means the Midvale
Irrigation District located in Pavillion, Wyoming.
(3) Power plant.--The term ``Power Plant'' means the Pilot
Butte Power Plant and other appurtenant facilities in the State
of Wyoming authorized under the Act of March 2, 1917 (39 Stat.
969, chapter 146), transferred to the jurisdiction of the
Bureau of Reclamation under the Act of June 5, 1920 (41 Stat.
874, chapter 235), and incorporated into the Riverton Unit of
the Pick-Sloan Missouri Basin Program under Public Law 91-409
(84 Stat. 861), including the underlying land.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
SEC. 3. AGREEMENT, CONVEYANCE, AND REPORT.
(a) Agreement.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall enter into good
faith negotiations with the District to enter into an agreement
to determine the legal, institutional, and financial terms for
the conveyance of the Power Plant from the Secretary to the
District.
(2) Requirement.--Notwithstanding section 8002(3)(B) of the
John D. Dingell, Jr. Conservation, Management, and Recreation
Act (43 U.S.C. 2902(3)(B)), the Secretary shall negotiate the
agreement under paragraph (1) in accordance with the criteria,
terms, and conditions described in subtitle A of title VIII of
that Act (43 U.S.C. 2901 et seq.).
(b) Conveyance.--
(1) In general.--The Secretary shall offer to convey and
assign to the District all right, title, and interest of the
United States in and to the Power Plant--
(A) subject to valid leases, permits, rights-of-
way, easements, and other existing rights; and
(B) in accordance with--
(i) the terms and conditions described in
the Agreement; and
(ii) this Act.
(2) Status of land.--Effective on the date of the
conveyance of the Power Plant to the District under paragraph
(1), the Power Plant shall not be considered to be a part of a
Federal reclamation project.
(c) Report.--If the conveyance authorized under subsection (b)(1)
is not completed by the date that is 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report that describes--
(1) the status of the conveyance under that subsection;
(2) any obstacles to completing the conveyance under that
subsection; and
(3) an anticipated date for the completion of the
conveyance under that subsection.
SEC. 4. COMPLIANCE WITH OTHER LAWS.
Effective on the date of the conveyance of the Power Plant to the
District under section 3(b)(1), the District shall comply with all
applicable Federal, State, and local laws (including regulations) with
respect to the operation of the Power Plant.
Calendar No. 356
118th CONGRESS
2d Session
S. 1662
[Report No. 118-165]
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to convey to the Midvale
Irrigation District the Pilot Butte Power Plant in the State of
Wyoming, and for other purposes.
_______________________________________________________________________
April 9, 2024
Reported with an amendment