[Congressional Record Volume 170, Number 20 (Monday, February 5, 2024)]
[House]
[Pages H398-H400]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 PILOT BUTTE POWER PLANT CONVEYANCE ACT

  Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3415) to direct the Secretary of the Interior to convey to 
the Midvale Irrigation District the Pilot

[[Page H399]]

Butte Power Plant in the State of Wyoming, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3415

       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 ``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.--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.
       (b) Conveyance.--
       (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--
       (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. LIABILITY.

       (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.
       (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'').

     SEC. 5. COMPLIANCE WITH OTHER LAWS.

       (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--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (3) subtitle III of title 54, United States Code; and
       (4) any other applicable laws.
       (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.

     SEC. 6. PAYMENT OF COSTS.

       (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.
       (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.
       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arkansas (Mr. Westerman) and the gentlewoman from Michigan (Mrs. 
Dingell) each will control 20 minutes.
  The Chair recognizes the gentleman from Arkansas.


                             General Leave

  Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 3415, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arkansas?
  There was no objection.
  Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 3415 sponsored by 
Congresswoman Hageman of Wyoming. This legislation would direct the 
Bureau of Reclamation to enter negotiations with the Midvale Irrigation 
District to transfer the Pilot Butte Power Plant to the district.
  Under current law, the Bureau of Reclamation holds title to the power 
plant and related facilities, and ownership of the power plant cannot 
be transferred unless authorized by Congress.
  This plant has not produced electricity since 2008, when the Bureau 
of Reclamation determined that increasing operation and maintenance 
costs made electricity generation at the plant economically infeasible.
  The district has expressed interest in taking ownership and 
rehabilitating and operating the power plant and related facilities to 
provide power to the district's water users.
  This legislation is the first step in achieving that goal. It would 
allow the Midvale Irrigation District to harness additional 
hydroelectric power resources, a carbon-free, reliable source of 
energy.
  At a time when good stewardship of taxpayer resources and access to 
reliable energy are at the forefront of so many debates in Washington, 
I am proud that our committee advanced legislation that accomplishes 
both objectives.
  Mr. Speaker, I thank Congresswoman Hageman for her leadership. I urge 
adoption of this legislation, and I reserve the balance of my time.
  Mrs. DINGELL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill would authorize the Bureau of Reclamation to 
convey the title of the Pilot Butte Power Plant in Wyoming to the 
Midvale Irrigation District. The transfer would follow negotiation of a 
mutually beneficial transfer agreement that must ensure full compliance 
with environmental laws and other applicable laws.
  Following a title transfer, the irrigation district will explore 
opportunities to rehabilitate the facility for improved power 
generation.
  I am pleased to support the bill, and I reserve the balance of my 
time.

                              {time}  1630

  Mr. WESTERMAN. Mr. Speaker, I yield 5 minutes to the gentlewoman from 
Wyoming (Ms. Hageman), the bill's sponsor.
  Ms. HAGEMAN. Mr. Speaker, I rise in support of my bill, the Pilot 
Butte Power Plant Conveyance Act.
  This important legislation initiates the transfer of the Pilot Butte 
Power Plant from the Bureau of Reclamation to the Midvale Irrigation 
District.
  Specifically, the Pilot Butte Power Plant Conveyance Act requires the 
Bureau of Reclamation to enter good-faith negotiations with the Midvale 
Irrigation District for the conveyance of the Pilot Butte Power Plant, 
located in Pavillion, Wyoming. This is a critical step towards 
improving responsible resource management.
  Several months ago, we had the privilege of learning from Wyoming's 
Midvale Irrigation District on this important topic in a hearing in the 
Subcommittee of Water, Wildlife and Fisheries.

[[Page H400]]

  In this hearing, we learned from both Midvale and the Bureau that 
this conveyance will allow the district to more easily maintain and 
operate the plant after the title transfer.
  The message from each party involved in the conveyance was that this 
is a win-win for everyone involved. Transferring ownership of the power 
plant to Midvale will provide for greater flexibility and relieve 
administrative burdens for the Bureau of Reclamation.
  As we all know, local communities and entities are often better 
equipped to understand the unique needs and challenges of their 
communities.
  Placing control of the hydro plant in the hands of Midvale Irrigation 
District will empower them to make decisions that directly impact their 
region. This conveyance promotes a sense of ownership and 
accountability that will lead to more efficient operations and 
responsive governance.
  This transfer will have positive economic benefits. Hydroelectric 
plants have the potential to generate substantial revenue. By allowing 
Midvale to control these resources, they can reinvest profits into the 
community. This will ultimately mean improved infrastructure and more 
support for local businesses.
  The economic ripple effect can be profound and positively impact the 
lives of those living in the district.
  Moreover, it is important to note that Midvale is intimately familiar 
with the intricacies of water management and distribution in their 
area. Updating and repairing this hydro plant will expand the State's 
portfolio, allowing for a more holistic approach to resource 
management.
  This will help Wyoming to optimize water usage, balancing the needs 
of agriculture, industry, and the environment more effectively.
  We have an obvious need to increase the amount of water stored 
through surface infrastructure and groundwater storage projects.
  This particular conveyance will allow us to more effectively manage 
our water and provide power to our communities. Additionally, 
environmental stewardship is a critical consideration.
  Wyomingites are more attuned to the ecological nuances of their 
surroundings. By placing the hydro plant under local control, we 
increase the practice of responsible environmental practices. This 
includes measures to protect aquatic life, maintain water quality, and 
ensure the responsible operation of the plant without compromising our 
ecosystems.
  The Pilot Butte Power Plant Conveyance Act will empower Wyoming 
communities, boost Wyoming's economy, enhance resource management, and 
promote responsible environmental practices.
  It is a decision that reflects the values of decentralization, self-
determination, and self-reliance.
  I thank Senator Barrasso and Senator Lummis for their leadership on 
this issue on the Senate side, and Midvale Irrigation District manager 
Steve Lynn, who was critical in elevating this issue and the solution 
we have before us this evening.
  Mr. Speaker, I urge my colleagues to support this bill.
  Mrs. DINGELL. Mr. Speaker, I urge my colleagues to support this 
legislation, and I yield back the balance of my time.
  Mr. WESTERMAN. Mr. Speaker, I yield myself the balance of my time to 
close.
  Mr. Speaker, the principle of cooperative federalism means that 
decisions are made at the appropriate level of government, at the 
Federal, State, and local levels.
  H.R. 3415 embodies this principle by transferring control of the 
Pilot Butte Power Plant to the Midvale Irrigation District, putting 
local project beneficiaries in charge of resource management, 
harnessing additional hydroelectric power resources, and ultimately, 
lowering cost.
  I once again thank Congresswoman Hageman for her leadership. I urge 
my colleagues to support this bill, and I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arkansas (Mr. Westerman) that the House suspend the 
rules and pass the bill, H.R. 3415.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. WESTERMAN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

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