IN THE SENATE OF THE UNITED STATES
June 16, 2011
Mr. Bingaman introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
To transfer certain facilities, easements, and rights-of-way to Fort Sumner Irrigation District, New Mexico.
This Act may be cited as
Fort Sumner Project Title
In this Act:
The term District means the Fort Sumner Irrigation District, located in De Baca County, New Mexico.
The term Forbearance Agreement means the contract between the United States and the District for the forbearance of exercising priority water rights numbered 08–WC–40–292 and dated August 21, 2009 (including any amendments to that contract).
The term Project means the Fort Sumner reclamation project.
The term Repayment Contract means the contract between the United States and the District numbered Ilr–1524 and dated November 5, 1948 (including any supplements and amendments to that contract).
The term Secretary means the Secretary of the Interior.
The term Transfer Agreement means the
Memorandum of Agreement between the United States and
the Fort Sumner Irrigation District Concerning Principles and Elements of
Proposed Transfer of Title to Fort Sumner Irrigation District
Facilities and numbered 11–WC–40–406 (including any amendments to that
The Secretary is authorized to convey to the District all right and title of the United States in and to all works, land, and facilities of the Project, in accordance with the terms and conditions established in the Transfer Agreement.
Valid existing rights
The conveyance under this section shall be subject to all valid existing leases, permits, rights-of-way, easements, and other rights appurtenant to the property conveyed.
Costs of conveyance
The costs of the conveyance under this section, including the costs of environmental compliance, may be shared between the United States and the District, in accordance with the Transfer Agreement.
Compliance with environmental laws
In carrying out the conveyance under subsection (a), the Secretary shall comply with all applicable requirements under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
any other law applicable to the property conveyed.
Nothing in this Act modifies or alters any obligation under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Failure To convey
If the Secretary fails to complete the conveyance under this section by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that—
explains the reasons why the conveyance has not been completed; and
states the date by which the conveyance will be completed.
Effective on the date of the conveyance under section 3, the United States—
shall have no further interest in, and shall have no responsibility for operating or maintaining, the Project; and
shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property, except for damages caused by acts committed by the United States or employees, agents, or contractors of the United States before the date of the conveyance.
Effect of section
Nothing in this
section increases the liability of the Untied States beyond the liability
provided under chapter 171 of title 28, United States Code (commonly known as
Federal Tort Claims Act).
Termination of Repayment Contract
Effective beginning on the date of the conveyance under section 3—
the Repayment Contract shall terminate; and
the United States and the District shall have no obligations under the Repayment Contract.
In accordance with paragraph 4(a) of the Forbearance Agreement, effective beginning on the date of termination of the Repayment Contract under section 5, the United States shall have no payment obligation under paragraph 4(a) of the Forbearance Agreement.
Other terms and conditions
All other terms and conditions of the Forbearance Agreement shall remain in full force and effect on termination of the Repayment Contract under section 5.
The term of the Forbearance Agreement shall be not less than 10 years after the date of enactment of this Act.
Effective beginning on the date of the conveyance under section 3, no additional amounts from the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), shall be provided for the conveyed land or facilities due to the status of the land and facilities as part of a reclamation project.