[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5665 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5665
To authorize the Secretary of the Interior to convey certain land and
improvements of the Gooding Division of the Minidoka Project, Idaho.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2006
Mr. Simpson introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to convey certain land and
improvements of the Gooding Division of the Minidoka Project, Idaho.
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 ``American Falls Reservoir District
Number 2 Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means Agreement No.
5-07-10-L1688 between the United States and the District,
entitled ``Agreement Between the United States and the American
Falls Reservoir District No. 2 to Transfer Title to the
Federally Owned Milner-Gooding Canal and Certain Property
Rights, Title and Interest to the American Falls Reservoir
District No. 2''.
(2) District.--The term ``District'' means the American
Falls Reservoir District No. 2, located in Jerome, Lincoln, and
Gooding Counties, Idaho.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. AUTHORITY TO CONVEY TITLE.
(a) In General.--In accordance with all applicable law and the
terms and conditions set forth in the Agreement, the Secretary may
convey--
(1) to the District all right, title, and interest in and
to the land and improvements described in Appendix A of the
Agreement, subject to valid existing rights;
(2) to the city of Gooding, located in Gooding County,
Idaho, all right, title, and interest in and to the 5.0 acres
of land and improvements described in Appendix D of the
Agreement; and
(3) to the Idaho Department of Fish and Game all right,
title, and interest in and to the 39.72 acres of land and
improvements described in Appendix D of the Agreement.
(b) Compliance With Agreement.--All parties to the conveyance under
subsection (a) shall comply with the terms and conditions of the
Agreement, to the extent consistent with this Act.
SEC. 4. TRANSFER.
As soon as practicable after the date of enactment of this Act, the
Secretary shall direct the Director of the National Park Service to
include in and manage as a part of the Minidoka Internment National
Monument the 10.18 acres of land and improvements described in Appendix
D of the Agreement.
SEC. 5. COMPLIANCE WITH OTHER LAWS.
(a) In General.--On conveyance of the land and improvements under
section 3(a)(1), the District shall comply with all applicable Federal,
State, and local laws (including regulations) in the operation of each
facility transferred.
(b) Applicable Authority.--Nothing in this Act modifies or
otherwise affects the applicability of Federal reclamation law (the Act
of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to
and amendatory of that Act (43 U.S.C. 371 et seq.)) to project water
provided to the District.
SEC. 6. REVOCATION OF WITHDRAWALS.
(a) In General.--The portions of the Secretarial Orders dated March
18, 1908, October 7, 1908, September 29, 1919, October 22, 1925, March
29, 1927, July 23, 1927, and May 7, 1963, withdrawing the approximately
6,900 acres described in Appendix E of the Agreement for the purpose of
the Gooding Division of the Minidoka Project, are revoked.
(b) Management of Withdrawn Land.--The Secretary, acting through
the Director of the Bureau of Land Management, shall manage the
withdrawn land described in subsection (a) subject to valid existing
rights.
SEC. 7. LIABILITY.
(a) In General.--Subject to subsection (b), upon completion of a
conveyance under section 3, the United States shall not be liable for
damages of any kind for any injury arising out of an act, omission, or
occurrence relating to the land (including any improvements to the
land) conveyed under the conveyance.
(b) Exception.--Subsection (a) shall not apply to liability for
damages resulting from an injury caused by any act of negligence
committed by the United States (or by any officer, employee, or agent
of the United States) before the date of completion of the conveyance.
(c) Federal Tort Claims Act.--Nothing in this section increases the
liability of the United States beyond that provided in chapter 171 of
title 28, United States Code.
SEC. 8. FUTURE BENEFITS.
(a) Responsibility of the District.--After completion of the
conveyance of land and improvements to the District under section
3(a)(1), and consistent with the Agreement, the District shall assume
responsibility for all duties and costs associated with the operation,
replacement, maintenance, enhancement, and betterment of the
transferred land (including any improvements to the land).
(b) Eligibility for Federal Funding.--
(1) In general.--Except as provided in paragraph (2), the
District shall not be eligible to receive Federal funding to
assist in any activity described in subsection (a) relating to
land and improvements transferred under section 3(a)(1).
(2) Exception.--Paragraph (1) shall not apply to any
funding that would be available to a similarly situated
nonreclamation district, as determined by the Secretary.
SEC. 9. NATIONAL ENVIRONMENTAL POLICY ACT.
Before completing any conveyance under this Act, 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) the National Historic Preservation Act (16 U.S.C. 470
et seq.); and
(4) all other applicable laws (including regulations).
SEC. 10. PAYMENT.
(a) Fair Market Value Requirement.--As a condition of the
conveyance under section 3(a)(1), the District shall pay the fair
market value for the withdrawn lands to be acquired by them, in
accordance with the terms of the Agreement.
(b) Grant for Building Replacement.--As soon as practicable after
the date of enactment of this Act, and in full satisfaction of the
Federal obligation to the District for the replacement of the structure
in existence on that date of enactment that is to be transferred to the
National Park Service for inclusion in the Minidoka Internment National
Monument, the Secretary, acting through the Commission of Reclamation,
shall provide to the District a grant in the amount of $52,996, in
accordance with the terms of the Agreement.
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