[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3677 Introduced in House (IH)]
105th CONGRESS
2d Session
H. R. 3677
To authorize and direct the Secretary of the Interior to convey certain
works, facilities, and titles of the Gila Project, and Designated Lands
within or adjacent to the Gila Project, to the Wellton-Mohawk
Irrigation and Drainage District, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 1998
Mr. Pastor introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To authorize and direct the Secretary of the Interior to convey certain
works, facilities, and titles of the Gila Project, and Designated Lands
within or adjacent to the Gila Project, to the Wellton-Mohawk
Irrigation and Drainage District, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONVEYANCE OF TITLE TO WORKS, FACILITIES, AND LANDS.
(a) Definitions.--
(1) Consolidated contract.--The term ``consolidated
contract'' means the ``Amendatory and Supplemental Consolidated
Contract with Wellton-Mohawk Irrigation and Drainage District
for Delivery of Water, Construction of Works, Repayment, and
Project Power Supply'' (Reclamation's Contract Number 1-07-30-
W0021 Amendment No. 1) and any amendments or supplements.
(2) Designated lands.--The term ``Designated Lands'' means
those lands within or adjacent to the Division designated by
Wellton-Mohawk, in conjunction with Reclamation, on the
Production Re-examination Board maps referenced in the
Consolidated Contract. Wellton-Mohawk will acquire the
Designated Lands by fair value purchase or exchange as set
forth in the Memorandum of Agreement.
(3) Division.--The term ``Division'' means the Wellton-
Mohawk Division of the Gila Project, Arizona.
(4) Memorandum of agreement.--The term ``Memorandum of
Agreement'' means the agreement to be made between the
Secretary and Wellton-Mohawk setting forth, among other things,
the amount of administrative costs to be shared by the United
States and Wellton-Mohawk; the fair value price of the
Designated Lands to be purchased by Wellton-Mohawk; the date
certain by which transfer must be completed to avoid transfer
by operation of law; and, addressing salinity control concerns
of Reclamation with regards to return flows from Wellton-
Mohawk.
(5) Reclamation.--The term ``Reclamation'' means the
Department of the Interior, Bureau of Reclamation.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Wellton-mohawk.--The term ``Wellton-Mohawk'' means the
Wellton-Mohawk Irrigation and Drainage District, an irrigation
and drainage district created, organized and existing under and
by virtue of the laws of the State of Arizona. Wellton-Mohawk
is a fully paid out single reclamation purpose district and
intends to continue to operate as a single reclamation purpose
district following transfer of title to its works, facilities,
and lands.
(8) Western.--The term ``Western'' means the Department of
Energy, Western Area Power Administration.
(b) Conveyance.--The Secretary shall, upon payment of such
consideration as provided in this section and section (d) (requiring
fair value payment for Designated Lands) and none other, convey to
Wellton-Mohawk, by quitclaim deed or patent, all right, title, and
interest of the United States in and to Designated Lands, easements,
and rights-of-way of or in connection with the Division, together with
the pumping plants, canals, drains, laterals, roads, pumps, motors,
checks, headgates, relifts, transformers, buildings, works, including
Gila River flood protection and control works and related works and
facilities made a part of the project works by Reclamation Contract 9-
07-30-W0117, and other improvements or appurtenances to the land or
used for the delivery of water from the headworks (but not the
headworks themselves) of the Wellton-Mohawk Canal, including all
facilities used in conjunction with the Division (including the
Wellton-Mohawk Main Conveyance Channel and drainage facilities of the
Division and related purposes for which the allocable construction
costs have been fully repaid by Wellton-Mohawk). Administrative costs,
including costs associated with compliance with procedural requirements
of environmental or other statutes, of transfer of title to works,
facilities, and lands and related activities shall be paid in equal
shares by the United States and Wellton-Mohawk, pursuant to the
Memorandum of Agreement. Reclamation is hereby authorized to expend
funds for the purpose of completing the transfer of title to works,
facilities, and lands herein authorized and directed.
(c) Water and Power Delivery.--Notwithstanding the transfer of
title to works, facilities, and lands, the Secretary shall continue to
deliver water to Wellton-Mohawk in accordance with the terms of the
Consolidated Contract. Notwithstanding the transfer of title to works,
facilities, and lands, the Secretary and Western shall continue to
provide Wellton-Mohawk with project reserved power from the Parker
Reclamation Power Plant and Davis Reclamation Power Plant, in
accordance with the terms of the Consolidated Contract and the ``Power
Management Agreement'' (Reclamation's and Western's Contract Numbers 6-
CU-30-P1136, 6-CU-30-P1137, and 6-CU-30-P1138).
(d) Payment.--Consideration for the Designated lands shall be the
fair value of the Designated Lands as established in the Memorandum of
Agreement. Fair value shall be paid to the United States by Wellton-
Mohawk, to the United States at the time of transfer.
(e) Liability.--Effective on the date of conveyance of the project
works, facilities and lands, described in section 1(b), 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
conveyed works, facilities, and lands, except for damages caused by
acts of negligence committed by the United States or by its employees,
agents, or contractors as provided in the Federal Tort Claims Act (28
U.S.C. 2671 et seq.).
(f) Salinity Control.--The Memorandum of Agreement shall resolve
any salinity control issues resulting from return flows from Wellton-
Mohawk in accordance with Public Law 93-320.
(g) Report.--The Secretary shall provide a report to the Committee
on Resources of the United States House of Representatives and to the
Committee on Energy and Natural Resources of the United States Senate
within 18 months from the date of enactment of this Act on the status
of the transfer, any obstacles to completion of the transfer as
provided in this section, and the anticipated date for such transfer.
If such transfer has not occurred by the date certain established in
the Memorandum of Agreement, then upon the tender of fair value, as
established by Wellton-Mohawk, to the Secretary by Wellton-Mohawk, all
right, title, and interest of the United States in and to the works,
facilities, and lands described in section (b) shall transfer to and
vest in Wellton-Mohawk by operation of law. The Secretary shall provide
such evidence of title as Wellton-Mohawk may request at no cost to
Wellton-Mohawk.
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