[105th Congress Public Law 9]
[From the U.S. Government Printing Office]
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[DOCID: f:publ9.105]
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OROVILLE-TONASKET CLAIM SETTLEMENT AND CONVEYANCE ACT
[[Page 111 STAT. 16]]
Public Law 105-9
105th Congress
An Act
To approve a settlement agreement between the Bureau of Reclamation and
the Oroville-Tonasket Irrigation District. <<NOTE: Apr. 14,
1997 - [H.R. 412]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Oroville-
Tonasket Claim Settlement and Conveyance Act. Washington.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oroville-Tonasket Claim Settlement
and Conveyance Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to authorize the Secretary of the
Interior to implement the provisions of the negotiated Settlement
Agreement including conveyance of the Project Irrigation Works,
identified as not having national importance, to the District, and for
other purposes.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``Reclamation'' means the United States Bureau
of Reclamation.
(3) The term ``District'' or ``Oroville-Tonasket Irrigation
District'' means the project beneficiary organized and operating
under the laws of the State of Washington, which is the
operating and repayment entity for the Project.
(4) The term ``Project'' means the Oroville-Tonasket unit
extension, Okanogan-Similkameen division, Chief Joseph Dam
Project, Washington, constructed and rehabilitated by the United
States under the Act of September 28, 1976 (Public Law 94-423,
90 Stat. 1324), previously authorized and
constructed under the Act of October 9, 1962 (Public Law 87-762,
76 Stat. 761), under the Federal reclamation laws (including the
Act of June 17, 1902 (ch. 1093, 32 Stat. 388), and Acts
supplementary thereto or amendatory thereof).
(5) The term ``Project Irrigation Works'' means--
(A) those works actually in existence and described
in subarticle 3(a) of the Repayment Contract, excluding
Wildlife Mitigation Facilities, and depicted on the maps
held by the District and Reclamation, consisting of the
realty with improvements and real estate interests;
(B) all equipment, parts, inventories, and tools
associated with the Project Irrigation Works realty and
[[Page 111 STAT. 17]]
improvements and currently in the District's possession;
and
(C) all third party agreements.
(6)(A) The term ``Basic Contract'' means Repayment
Contract No. 14-06-100-4442, dated December 26, 1964, as amended
and supplemented, between the United States and the District;
(B) the term ``Repayment Contract'' means Repayment
Contract No. 00-7-10-W0242, dated November 28, 1979, as amended
and supplemented, between the United States and the District;
and
(C) the term ``third party agreements'' means existing
contractual duties, obligations, and responsibilities that exist
because of all leases, licenses, and easements with third-
parties related to the Project Irrigation Works, or the lands or
rights-of-way for the Project Irrigation Works, but excepting
power arrangements with the Bonneville Power Administration.
(7) The term ``Wildlife Mitigation Facilities'' means--
(A) land, improvements, or easements, or any
combination thereof, secured for access to such lands,
acquired by the United States under the Fish and
Wildlife Coordination Act (16 U.S.C. 661-667e); and
(B) all third party agreements associated with the
land, improvements, or easements referred to in
subparagraph (A).
(8) The term ``Indian Trust Lands'' means approximately 61
acres of lands identified on land classification maps on file
with the District and Reclamation beneficially owned by the
Confederated Tribes of the Colville Reservation (Colville
Tribes) or by individual Indians, and held in trust by the
United States for the benefit of the Colville Tribes in
accordance with the Executive Order of April 9, 1872.
(9) The term ``Settlement Agreement'' means the Agreement
made and entered on April 15, 1996, between the United States of
America acting through the Regional Director, Pacific Northwest
Region, Bureau of Reclamation, and the Oroville-Tonasket
Irrigation District.
(10) The term ``operations and maintenance'' means normal
and reasonable care, control, operation, repair, replacement,
and maintenance.
SEC. 4. AGREEMENT AUTHORIZATION.
The Settlement Agreement is approved and the Secretary of the
Interior is authorized to conduct all necessary and appropriate
investigations, studies, and required Federal actions to implement the
Settlement Agreement.
SEC. 5. CONSIDERATION AND SATISFACTION OF OUTSTANDING OBLIGATIONS.
(a) Consideration to United States.--Consideration by the District
to the United States in accordance with the Settlement Agreement
approved by this Act shall be--
(1) payment of $350,000 by the District to the United
States;
(2) assumption by the District of full liability and
responsibility and release of the United States of all further
responsibility, obligations, and liability for removing
irrigation facilities constructed and rehabilitated by the
United States
[[Page 111 STAT. 18]]
under the Act of October 9, 1962 (Public Law 87-762, 76 Stat.
761), or referenced in section 201 of the Act of September 28,
1976 (Public Law 94-423, 90 Stat. 1324), and identified in
Article 3(a)(8) of the Repayment Contract;
(3) assumption by the District of sole and absolute
responsibility for the operations and maintenance of the Project
Irrigation Works;
(4) release and discharge by the District as to the United
States from all past and future claims, whether now known or
unknown, arising from or in any way related to the Project,
including any arising from the Project Irrigation Works
constructed pursuant to the 1964 Basic Contract or the 1979
Repayment Contract;
(5) assumption by the District of full responsibility to
indemnify and defend the United States against any third party
claims associated with any aspect of the Project, except for
that claim known as the Grillo Claim, government contractor
construction claims accruing at any time, and any other suits or
claims filed as of the date of the Settlement Agreement; and
(6) continued obligation by the District to deliver water to
and provide for operations and maintenance of the Wildlife
Mitigation Facilities at its own expense in accordance with the
Settlement Agreement.
(b) Responsibilities of United States.--In return the United States
shall--
(1) release and discharge the District's obligation,
including any delinquent or accrued payments, or assessments of
any nature under the 1979 Repayment Contract, including the
unpaid obligation of the 1964 Basic Contract;
(2) transfer title of the Project Irrigation Works to the
District;
(3) assign to the District all third party agreements
associated with the Project Irrigation Works;
(4) continue power deliveries provided under section 6 of
this Act; and
(5) assume full responsibility to indemnify and defend the
District against any claim known as the Grillo Claim, government
contractor construction claims accruing at any time, and any
other suits or claims filed against the United States as of the
date of the Settlement Agreement.
(c) Project Construction Costs.--The transfer of title authorized by
this Act shall not affect the timing or amount of the obligation of the
Bonneville Power Administration for the repayment of construction costs
incurred by the Federal government under section 202 of the Act of
September 28, 1976 (90 Stat. 1324, 1326) that the Secretary of the
Interior has determined to be beyond the ability of the irrigators to
pay. The obligation shall remain charged to, and be returned to the
Reclamation Fund as provided for in section 2 of the Act of June 14,
1966 (80 Stat. 200) as amended by section 6 of the Act of September 7,
1966 (80 Stat. 707, 714).
SEC. 6. POWER.
Nothing in this Act shall be construed as having any affect on power
arrangements under Public Law 94-423 (90 Stat. 1324). The United States
shall continue to provide to the District power
[[Page 111 STAT. 19]]
and energy for irrigation water pumping for the Project, including Dairy
Point Pumping Plant. However, the amount and term of reserved power
shall not exceed, respectively--
(1) 27,100,000 kilowatt hours per year; and
(2) 50 years commencing October 18, 1990.
The rate that the District shall pay the Secretary for such reserved
power shall continue to reflect full recovery of Bonneville Power
Administration transmission costs.
SEC. 7. CONVEYANCE.
(a) Conveyance of Interests of United States.--Subject to valid
existing rights, the Secretary is authorized to convey all right, title,
and interest, without warranties, of the United States in and to all
Project Irrigation Works to the District. In the event a significant
cultural resource or hazardous waste site is identified, the Secretary
is authorized to defer or delay transfer of title to any parcel until
required Federal action is completed.
(b) Retention of Title to Wildlife Mitigation Facilities.--The
Secretary will retain title to the Wildlife Mitigation Facilities. The
District shall remain obligated to deliver water to and provide for the
operations and maintenance of the Wildlife Mitigation
Facilities at its own expense in accordance with the Settlement
Agreement.
(c) Reservation.--The transfer of rights and interests pursuant to
subsection (a) shall reserve to the United States all oil, gas, and
other mineral deposits and a perpetual right to existing public access
open to public fishing,
hunting, and other outdoor recreation purposes, and such other existing
public uses.
SEC. 8. REPAYMENT CONTRACT.
Upon conveyance of title to the Project Irrigation Works
notwithstanding any parcels delayed in accordance with section 7(a), the
1964 Basic Contract, and the 1979 Repayment Contract between the
District and Reclamation, shall be terminated and of no further force or
effect.
SEC. 9. INDIAN TRUST RESPONSIBILITIES.
The District shall remain obligated to deliver water under
appropriate water service contracts to Indian Trust Lands upon request
from the owners or lessees of such land.
SEC. 10. LIABILITY.
Upon completion of the conveyance of Project Irrigation Works under
this Act, the District shall--
(1) be liable for all acts or omissions relating to the
operation and use of the Project Irrigation Works that occur
before or after the conveyance except for the Grillo Claim,
government contractor construction claims accruing at any time,
and any other suits or claims filed as of the date of the
Settlement Agreement;
(2) absolve the United States and its officers and agents of
responsibility and liability for the design and construction
including latent defects associated with the Project; and
(3) assume responsibility to indemnify and defend the United
States against all claims whether now known or unknown and
including those of third party claims associated with, arising
from, or in any way related to, the Project except for the
Grillo Claim, government contractor construction claims
[[Page 111 STAT. 20]]
accruing at any time, and any other suits or claims filed as of
the date of the Settlement Agreement.
SEC. 11. CERTAIN ACTS NOT APPLICABLE AND TERMINATION OF
MANDATES.
(a) Reclamation Laws.--All mandates imposed by the
Reclamation Act of 1902, and all Acts supplementary thereto or
amendatory thereof, including the Reclamation Reform Act of 1982, upon
the Project Irrigation Works shall be terminated upon the completion of
the transfers as provided by this Act and the Settlement Agreement.
(b) Relationship to Other Laws.--The transfer of title
authorized by this Act shall not--
(1) be subject to the provisions of chapter 5 of title 5,
United States Code (commonly known as the ``Administrative
Procedure Act''); or
(2) be considered a disposal of surplus property under the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.) and the Surplus Property Act of 1944 (50
U.S.C. App. 1601 et seq.).
(c) Deauthorization.--Effective upon transfer of title to the
District under this Act, that portion of the Oroville-Tonasket Unit
Extension, Okanogan-Similkameen Division, Chief Joseph Dam Project,
Washington, referred to in section 7(a) as the Project
Irrigation Works is hereby deauthorized. After transfer of title, the
District shall not be entitled to receive any further Reclamation
benefits pursuant to the Reclamation Act of June 17, 1902, and Act
supplementary thereto or amendatory thereof.
Approved April 14, 1997.
LEGISLATIVE HISTORY--H.R. 412:
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HOUSE REPORTS: No. 105-8 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Mar. 18, considered and passed House.
Apr. 8, considered and passed Senate.
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