[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2087 Reported in Senate (RS)]
Calendar No. 526
105th CONGRESS
2d Session
S. 2087
[Report No. 105-289]
To authorize 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 SENATE OF THE UNITED STATES
May 18, 1998
Mr. Kyl (for himself and Mr. McCain) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
August 25, 1998
Reported under authority of the order of the Senate of July 31, 1998,
by Mr. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To authorize 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Wellton-Mohawk Title
Transfer Act of 1998''.</DELETED>
<DELETED>SEC. 2. CONVEYANCE OF TITLE TO WORKS, FACILITIES AND
LANDS.</DELETED>
<DELETED> (a) Definitions.--</DELETED>
<DELETED> (1) Memorandum of agreement.--The term
``Memorandum of Agreement'' means the agreement between the
Secretary and Wellton-Mohawk, relating to the transfer, dated
on or before July 1, 1998.</DELETED>
<DELETED> (2) Reclamation.--The term ``Reclamation'' means
the Department of the Interior, Bureau of
Reclamation.</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (4) 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.</DELETED>
<DELETED> (5) Western.--The term ``Western'' means the
Department of Energy, Western Area Power
Administration.</DELETED>
<DELETED> (b) Implementation.--The Secretary shall carry out the
provisions of the Memorandum of Agreement. If transfer has not occurred
by the date set forth in the Memorandum of Agreement, but review under
the National Environmental Policy Act has been completed and fair
market value has been established, then upon tender of fair market
value 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 the Memorandum of Agreement shall transfer to and
vest in Wellton-Mohawk by operation of law. The Secretary shall provide
such evidence of title as may be requested by Wellton-Mohawk. In the
event that no Memorandum of Agreement is agreed to by July 1, 1998,
this Act shall be considered null and void.</DELETED>
<DELETED> (c) Water and Power Delivery.--Notwithstanding the
transfer of title to works, facilities, and lands, the Secretary is
authorized and shall continue to deliver to Wellton-Mohawk in
accordance with the terms of 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) including any renewals, amendments, supplements, or
extensions thereof. Notwithstanding the transfer of title to works,
facilities, and lands, the Secretary and Western are authorized and
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) including any
renewals, amendments, supplements, or extensions thereof.</DELETED>
<DELETED> (d) Liability.--Effective on the date of conveyance of the
project works, facilities and lands, 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.).</DELETED>
<DELETED> (e) Agricultural Return Flows.--As a condition of
transfer, Wellton-Mohawk shall agree that--</DELETED>
<DELETED> (1) the volume of agricultural return flows from
Wellton-Mohawk delivered to Reclamation's Main Outlet Drain at
Station 0+00 shall comply with applicable law and contracts and
shall not exceed 175,000 annual acre feet; and</DELETED>
<DELETED> (2) Wellton-Mohawk and Reclamation shall work
cooperatively to attempt to limit return flows to the design
capacity of the Yuma Desalinization Plant.</DELETED>
<DELETED> (f) 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 eighteen 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 Act, and the anticipated date for such
transfer.</DELETED>
<DELETED> (g) Authorization.--There are authorized to be
appropriated such sums as necessary for the purposes of this
Act.</DELETED>
SECTION 1. SHORT TITLE
This Act may be referred to as the ``Wellton-Mohawk Transfer Act''.
SEC. 2. TRANSFER
The Secretary of the Interior (``Secretary'') is authorized to
carry out the terms of the Memorandum of Agreement No. 8-AA-34-WAO14
(``Agreement'') dated July 10, 1998 between the Secretary and the
Wellton-Mohawk Irrigation and Drainage District (``District'')
providing for the transfer of works, facilities, and lands to the
District, including conveyance of Acquired Lands, Public Lands, and
Withdrawn Lands, as defined in the Agreement.
SEC. 3. WATER AND POWER CONTRACTS
Notwithstanding the transfer, the Secretary and the Secretary of
Energy shall provide for and deliver Colorado River water and Parker-
Davis Project Priority Use Power to the District in accordance with the
terms of existing contracts with the District, including any amendments
or supplements thereto or extensions thereof and as provided under
section 2 of the Agreement.
SEC. 4. SAVINGS
Nothing in this Act shall affect any obligations under the Colorado
River Basin Salinity Control Act (Public Law 93-320, 43 U.S.C. 1571).
SEC. 5. REPORT
If transfer of works, facilities, and lands pursuant to the
Agreement has not occurred by July 1, 2000, the Secretary shall report
on the status of the transfer as provided in section 5 of the
Agreement.
SEC. 6. AUTHORIZATION
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
Calendar No. 526
105th CONGRESS
2d Session
S. 2087
[Report No. 105-289]
_______________________________________________________________________
A BILL
To authorize 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.
_______________________________________________________________________
August 25, 1998
Reported with an amendment