[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6583 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 6583
To authorize the Secretary of the Interior to convey certain lands and
facilities of the Big Sand Wash Project, Utah.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2018
Mr. Bishop of Utah introduced the following bill; which was referred to
the Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to convey certain lands and
facilities of the Big Sand Wash Project, Utah.
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 ``Big Sand Wash Project Title Transfer
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acquired lands.--The term ``Acquired Lands'' means
those lands that were acquired by the Central Utah Water
Conservancy District with Federal and District funds for the
purpose of water storage and conveyance in the Big Sand Wash
Facilities.
(2) Association.--The term ``Association'' means the Moon
Lake Water Users Association, an association of 8 irrigation
companies in Utah.
(3) Big sand wash facilities.--The term ``Big Sand Wash
Facilities''--
(A) means the following features that are part of
the Uinta Basin Replacement Project authorized by the
Central Utah Project Completion Act (Public Law 102-
575)--
(i) the Big Sand Wash Dam, including the
enlarged reservoir and outlet works;
(ii) the Feeder Pipeline;
(iii) the Feeder Diversion;
(iv) the Roosevelt Pipeline; and
(v) the Big Sand Wash Facilities; and
(B) does not include--
(i) the Moon Lake Dam and Reservoir; and
(ii) the modified outlet works.
(4) District.--The term ``District'' means the Central Utah
Water Conservancy District, a political subdivision of the
State of Utah with certain responsibilities for the
implementation of the Central Utah Project Completion Act.
(5) Duchesne county.--The term ``Duchesne County'' means
the Duchesne County Water Conservancy District in Duchesne
County, Utah.
(6) Federal lands.--The term ``Federal Lands'' means
parcels of federally owned lands and easements acquired for the
expansion of the Big Sand Wash Facilities, and includes those
original, Association lands deeded to the United States in
November 2001 as a permanent easement for the conveyance and
storage of water and the right of ingress and egress.
(7) Feeder diversion.--The term ``Feeder Diversion'' means
the diversion structure and appurtenances constructed in the
Lake Fork River to divert water into the Big Sand Wash Project,
and includes the property acquired by easement for the
diversion structure and rights of egress and ingress to the
property.
(8) Feeder pipeline.--The term ``Feeder Pipeline'' means
the pipeline and appurtenances constructed from the Feeder
Diversion to the Big Sand Wash Reservoir, and includes the
property acquired by easement for the pipeline.
(9) Roosevelt pipeline.--The term ``Roosevelt Pipeline''
means the pipeline and appurtenances constructed to deliver
project and non-project water from the Big Sand Wash Facilities
for the Association and Duchesne County, and includes the
property acquired by easement for the pipeline.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or a designee of the Secretary.
(11) Uinta basin replacement project.--The term ``Uinta
Basin Replacement Project'' applies to the project that was
authorized by the Central Utah Project Completion Act to
enlarge the Big Sand Wash Dam and Reservoir, construct the
Feeder Diversion, construct the Feeder Pipeline, construct the
Roosevelt Pipeline, modify the Moon Lake outlet works, develop
mitigation lands, and develop other facilities as required to
complete project purposes.
SEC. 3. CONVEYANCE OF FACILITIES AND LAND.
(a) In General.--Subject to subsection (b) and in consideration of
the District assuming from the United States all liability for
administration, operation, and maintenance of the Big Sand Wash
Facilities, the Secretary shall convey to the District all right,
title, and interest of the United States in and to the Acquired Lands,
the Federal Lands, and the Big Sand Wash Facilities in existence on the
date of the enactment of this Act.
(b) Conditions.--The conveyance under subsection (a) shall not be
completed until all of the following occur:
(1) The District pays to the Secretary the net present
value of the remaining repayment obligations identified in the
Water Service Contract, Supplement No. 2, Contract No. 14-06-
400-4286 and Block Notice Number UBRP1, as determined by Office
of Management and Budget Circular A-129 (in effect on the date
of the enactment of this Act). Such prepayment shall not affect
the contract to deliver water between the District and Duchesne
County and shall remedy all outstanding issues relating to the
District's expenditure of Federal funds for land acquisition.
(2) The Association, the District, and Duchesne County
enter into an agreement, only as mutually deemed necessary by
the Parties, reflecting as much as possible the existing
operating agreement, Agreement No. 01-07-40-R7020 dated
November 15, 2001, that provides for the future operation of
and delivery of water from the Big Sand Wash Facilities.
(3) The Association and the District enter into an
agreement to convey Acquired Lands, Federal Lands, the Feeder
Diversion, and the Feeder Pipeline to the Association.
(4) The Association and the District enter into an
agreement that ensures the minimum stream flow requirements
contained in the Final Environmental Assessment, section
203(a), Uinta Basin Replacement Project, dated October 2001.
(5) The District and the United States enter into an
agreement that ensures the minimum stream flow requirements
contained in the Final Environmental Assessment, section
203(a), Uinta Basin Replacement Project, dated October 2001.
(6) The District enters into an agreement to convey
Acquired Lands and Federal Lands to the Utah Department of
Transportation.
(7) The District enters into an agreement to convey the
Roosevelt Pipeline to Duchesne County.
(c) Prepayment Authority.--The District is hereby granted authority
to prepay, at net present value as determined by Office of Management
and Budget Circular A-129 (as in effect on the date of the enactment of
this Act), all irrigation block notices associated with the Bonneville
Unit of the Central Utah Project.
(d) Payment of Costs.--The District shall pay any necessary and
reasonable administrative and real estate transfer costs incurred by
the Secretary in carrying out the conveyance authorized by subsection
(a).
(e) Compliance With Environmental Laws.--
(1) In general.--Before conveying land and facilities under
subsection (a), the Secretary shall comply 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 land and
facilities.
(2) Effect.--Nothing in this Act modifies or alters any
obligations 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.).
SEC. 4. RELATIONSHIP TO UINTA BASIN REPLACEMENT PROJECT.
After the conveyance authorized under section 3(a), the United
States shall not be liable for damages arising out of any act,
omission, or occurrence relating to the Big Sand Wash Facilities,
Acquired Lands, and Federal Lands, except for damages caused by acts of
negligence committed by the United States or by any employee or agent
of the United States before the date of the conveyance, consistent with
chapter 171 of title 28, United States Code.
SEC. 5. REPORT.
If the conveyance authorized by section 3(a) is not completed by
the date that is 12 months after the date of the enactment of this Act,
the Secretary shall submit to Congress a report that--
(1) describes the status of the conveyance;
(2) describes any obstacles to completing the conveyance;
and
(3) specifies an anticipated date for completion of the
conveyance.
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