text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Lower Yellowstone Reclamation 
  Projects Conveyance Act''.
  
  SEC. 2. DEFINITIONS.
  
      In this Act:
              (1) Diversion works.--The term ``Diversion Works'' means 
          the land in the N\1/2\NW\1/4\ of Sec. 36, T.18N., R.56E. P. M., 
          Montana, and the diversion dam structure, canal headworks 
          structure, and the first section of the main canal, all 
          contained therein.
              (2) Intake irrigation district.--The term ``Intake 
          Irrigation District'' means the irrigation district by that 
          name that is organized under the laws of the State of Montana 
          and operates the Intake Project.
              (3) Intake project.--The term ``Intake Project'' means the 
          Federal irrigation feature operated by the Intake Irrigation 
          District and authorized under the Act of August 11, 1939 
          (chapter 717; 53 Stat. 1418).
              (4) Irrigation districts.--The term ``irrigation 
          districts'' means--
                      (A) the Intake Irrigation District;
                      (B) the Lower Yellowstone Irrigation District No. 
                  1;
                      (C) the Lower Yellowstone Irrigation District No. 
                  2; and
                      (D) the Savage Irrigation District.
              (5) Lower yellowstone irrigation district no. 1.--The term 
          ``Lower Yellowstone Irrigation District No. 1'' means the 
          irrigation district by that name that is organized under the 
          laws of the State of Montana and operates the part of the Lower 
          Yellowstone Irrigation Project located in the State of Montana.
              (6) Lower yellowstone irrigation district no. 2.--The term 
          ``Lower Yellowstone Irrigation District No. 2'' means the 
          irrigation district by that name that is organized under the 
          laws of the State of North Dakota and operates the part of the 
          Lower Yellowstone Irrigation Project located in the State of 
          North Dakota.
              (7) Lower yellowstone irrigation project.--The term ``Lower 
          Yellowstone Irrigation Project'' means the Federal irrigation 
          feature operated by Lower Yellowstone Irrigation District No. 1 
          and Lower Yellowstone Irrigation District No. 2 and authorized 
          by the Act of June 17, 1902 (chapter 1093; 32 Stat. 388).
              (8) Memorandum of understanding.--The term ``Memorandum of 
          Understanding'' means the memorandum of understanding dated 
          November 16, 1999, and any subsequent replacements or 
          amendments between the Districts and the Montana Area Office, 
          Great Plains Region, Bureau of Reclamation, for the purpose of 
          defining certain principles by which the title to the projects 
          will be transferred from the United States to the districts.
              (9) Pick-sloan missouri basin program.--The term ``Pick-
          Sloan Missouri Basin Program'' means the comprehensive Federal 
          program for multipurpose benefits within the Missouri River 
          Basin, including irrigation authorized by section 9 of the Act 
          of December 22, 1944, commonly known as the ``Flood Control Act 
          of 1944'' (chapter 665; 58 Stat. 891).
              (10) Pick-sloan missouri basin program project use power.--
          The term ``Pick-Sloan Missouri Basin Program Project Use 
          Power'' means power available for establishing and maintaining 
          the irrigation developments of the Pick-Sloan Missouri Basin 
          Program.
              (11) Projects.--The term ``Projects'' means--
                      (A) the Lower Yellowstone Irrigation Project;
                      (B) the Intake Irrigation Project; and
                      (C) the Savage Unit.
              (12) Savage irrigation district.--The term ``Savage 
          Irrigation District'' means the irrigation district by that 
          name that is organized under the laws of the State of Montana 
          and operates the Savage Unit.
              (13) Savage unit.--The term ``Savage Unit'' means the 
          Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal 
          irrigation development authorized by the Act of December 22, 
          1944 (commonly known as the ``Flood Control Act of 1944'') 
          (chapter 665; 58 Stat. 891).
              (14) Secretary.--The term ``Secretary'' means the Secretary 
          of the Interior.
  
  SEC. 3. CONVEYANCE OF PROJECTS.
  
      (a) Conveyances.--
              (1) General.--As soon as practicable after the date of 
          enactment of this Act, the Secretary shall convey works, 
          facilities, and lands of the Projects to the Irrigation 
          Districts in accordance with all applicable laws and pursuant 
          to the terms of the Memorandum of Understanding. The conveyance 
          shall take place in two stages, the first stage to include all 
          conveyances under this Act except Diversion Works and the 
          second stage to convey the Diversion Works.
              (2) Lands.--
                      (A) General.--All lands, easements, and rights-of-
                  way the United States possesses that are to be conveyed 
  by the Secretary to the respective irrigation districts shall be 
  conveyed by quitclaim deed. Conveyance of such lands, easements, and 
  rights-of-way is subject to permits, licenses, leases, rights-of-use, 
  or right-of-way of record outstanding in third parties on, over, or 
  across such lands, easements, and rights-of-way.
                      (B) Mineral rights.--Conveyance of all lands herein 
                  described shall be subject to a reservation by the 
                  United States reserving all minerals of a nature 
                  whatsoever, excluding sand and gravel, and subject to 
                  oil, gas, and other mineral rights heretofore reserved 
                  of record by or in favor of third parties.
              (3) Water rights.--The Secretary shall transfer to the 
          respective Irrigation Districts in accordance with and subject 
          to the law of the State of Montana, all natural flow, 
          wastewater, seepage, return flow, domestic water, stock water, 
          and groundwater rights held in part or wholly in the name of 
          the United States that are used to serve the lands within the 
          Irrigation Districts.
              (4) Costs.--
                      (A) Reclamation withdrawn lands.--The Irrigation 
                  Districts shall purchase Reclamation withdrawn lands as 
                  identified in the Memorandum of Understanding for their 
                  value in providing operation and maintenance benefits 
                  to the Irrigation Districts.
                      (B) Savage unit repayment obligations.--
                              (i) Savage irrigation district.--As a 
                          condition of transfer, the Secretary shall 
                          receive an amount from the Savage Irrigation 
                          District equal to the present value of the 
                          remaining water supply repayment obligation of 
                          $60,480 that shall be treated as full payment 
                          under Contract Number I1r-1525, as amended and 
                          as extended by Contract No. 9-07-60-WO770.
                              (ii) Pick-sloan missouri basin program 
                          construction obligation.--As a condition of 
                          transfer, the Secretary shall accept $94,727 as 
                          payment from the Pick-Sloan Missouri Basin 
                          Program (Eastern Division) power customers 
                          under the terms specified in this section, as 
                          consideration for the conveyance under this 
                          subsection. This payment shall be out of the 
                          receipts from the sale of power from the Pick-
                          Sloan Missouri Basin Program (Eastern Division) 
                          collected by the Western Area Power 
                          Administration and deposited into the 
                          Reclamation fund of the Treasury in fiscal year 
                          2003. This payment shall be treated as full and 
                          complete payment by the power customers of the 
                          construction aid-to-irrigation associated with 
                          the facilities of the Savage Unit.
      (b) Revocation of Reclamation Withdrawals and Orders.--
              (1) The Reclamation withdrawal established by Public Land 
          Order 4711 dated October 6, 1969, for the Lower Yellowstone 
          Irrigation Project in lots 1 and 2, section 3, T.23N., R. 59 
          E., is hereby revoked in its entirety.
              (2) The Secretarial Order of March 22, 1906, which was 
          issued for irrigation works on lots 3 and 4 section 2, T. 23N., 
          R. 59E., and Secretarial Order of August 8, 1905, which was 
          issued for irrigation works in section 2, T. 17 N., R. 56 E. 
          and section 6, T. 17 N., R. 57 E., are hereby revoked in their 
          entirety.
              (3) The Secretarial Order of August 24, 1903, and July 27, 
          1908, which were issued in connection with the Lower 
          Yellowstone Irrigation Project, are revoked insofar as they 
          affect the following lands:
                      (A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, T.18N., 
                  R.57E.; lot 3 of Sec. 4, T.19N., R.58E.; lots 2 and 3 
                  and 6 and 7 of Sec. 12, T.21N, R.58E.; SW\1/4\NW\1/4\ 
                  of Sec. 26, T.22N., R58E; lots 1 and 4 and 7 and NW\1/
                  4\SW\1/4\ of Sec. 20, T.22N., R.59E.; SE\1/4\NE\1/4\ of 
                  Sec. 13, T.23N., R.59E.; and lot 2 of Sec. 18, T.24N., 
                  R.60E.; all in the Principal Meridian, Montana.
                      (B) Lot 8 of Sec. 2 and lot 1 and lot 2 and lot 3 
                  and NE\1/4\NE\1/4\ of Sec. 10 and lot 2 of Sec. 11 and 
                  lot 6 of Sec. 18 and lot 3 of Sec. 35, T.151N., 
                  R.104W.; and lot 7 of Sec. 28, T.152N., R.104W.; all in 
                  the Fifth Principal Meridian, North Dakota.
  
  SEC. 4. REPORT.
  
      If the conveyance under this Act has not occurred within 2 years 
  after the date of the enactment of this Act for the first stage 
  conveyances as provided in section 3, and 5 years after the date of the 
  enactment of this Act for the second stage conveyances as provided in 
  section 3, the Secretary shall provide a report to the Committee on 
  Resources of the House of Representatives and the Committee on Energy 
  and Resources of the Senate on the status of the transfer and 
  anticipated completion date.
  
  SEC. 5. RECREATION MANAGEMENT.
  
      As a condition of the Conveyance of lands under section 3, the 
  Secretary shall require that Lower Yellowstone Irrigation District No. 
  1 and Lower Yellowstone Irrigation District No. 2 convey a perpetual 
  conservation easement to the State of Montana, at no cost to the State, 
  for the purposes of protecting, preserving, and enhancing the 
  conservation values and permitting recreation on Federal lands in part 
  to be conveyed under this Act. Lower Yellowstone Irrigation District No 
  1, Lower Yellowstone Irrigation District No. 2, and the State of 
  Montana have mutually agreed upon such conservation easement.
  
  SEC. 6. PROJECT PUMPING POWER.
  
      The Secretary shall sustain the irrigation developments established 
  by the Lower Yellowstone and Intake Projects and the Savage Unit as 
  components of the irrigation plan under the Pick-Sloan Missouri River 
  Basin Program and shall continue to provide the Irrigation Districts 
  with Pick-Sloan Missouri River Basin Project Use power at the 
  Irrigation Districts' pumping plants, except that the rate shall be at 
  the preference power rate and there shall be no ability-to-pay 
  adjustment.
  
  SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION.
  
      (a) General.--The Secretary, prior to the transfer of title of the 
  Diversion Works and in cooperation with the Irrigation Districts, shall 
  provide fish protection devices to prevent juvenile and adult fish from 
  entering the Main Canal of the Lower Yellowstone Irrigation Project and 
  allow bottom dwelling fish species to migrate above the Project's 
  Intake Diversion Dam.
      (b) Participation.--The Secretary and the Irrigation District shall 
  work cooperatively in planning, engineering, and constructing the fish 
  protection devices.
      (c) Construction Schedule.--Construction of Fish Protection Devices 
  shall be completed within 2 years after the date of enactment of this 
  Act.
      (d) Monitoring.--The Secretary, acting through the Commissioner of 
  the Bureau of Reclamation and the Director of the United States Fish 
  and Wildlife Service, prior to the transfer of title of the Diversion 
  Works, shall establish and conduct a monitoring plan to measure the 
  effectiveness of the devices for a period of 2 years after construction 
  is completed.
      (e) Modifications.--The Commissioner of the Bureau of Reclamation, 
  prior to the transfer of title of the Diversion Works, shall be 
  responsible to modify the devices as necessary to ensure proper 
  functioning. All modifications shall be completed within 3 years after 
  the devices were initially constructed.
      (f) Costs.--Costs incurred in planning, engineering, constructing, 
  monitoring, and modifying all fish protection devices shall be deemed 
  nonreimbursable.
      (g) Operation, Maintenance, and Replacements Responsibility.--
  Following completion of monitoring and modifications required under 
  this section, the Irrigation Districts shall operate, maintain, and 
  replace the fisheries protection devices in a manner to ensure proper 
  functioning.
      (h) Authorization of Appropriations.--There are authorized to be 
  appropriated such sums as may be necessary to implement this section.
  
  SEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS.
  
      Upon conveyance of the projects under this Act, the Irrigation 
  Districts shall not be subject to the Reclamation laws or entitled to 
  receive any Reclamation benefits under those laws except as provided in 
  section 6.
  
  SEC. 9. LIABILITY.
  
      Effective on the date of conveyance of a project under this Act, 
  the United States shall not be liable under any State or Federal law 
  for damages of any kind arising out of any act, omission, or occurrence 
  relating to the projects, except for damages caused by acts of 
  negligence committed by the United Stated or by its employees, agents, 
  or contractors prior to the date of this conveyance. Nothing in this 
  section shall be considered to increase the liability of the United 
  States beyond that currently provided in chapter 171 of title 28, 
  United States Code, popularly known as the Federal Tort Act.
  
  SEC. 10. COMPLIANCE WITH LAWS.
  
      As a condition of the Conveyances under section 3, the Secretary 
  shall by no later than the date on which the conveyances occur complete 
  appropriate analyses of the transfer in compliance with the 
  requirements of 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 other applicable laws.
target: Lower Yellowstone Reclamation Projects Conveyance Act - Directs the Secretary of the Interior to convey the works, facilities, and lands of the Lower Yellowstone Irrigation Project, the Intake Irrigation Project in Montana, and the Savage Unit of the Pick-Sloan Missouri Basin Program to the Lower Yellowstone Irrigation Districts No. 1 (Montana) and No. 2 (North Dakota), the Intake Irrigation District (Montana), and the Savage Irrigation District (Montana), respectively, pursuant to the terms of the Memorandum of Understanding of November 16, 1999, between the Districts and the Bureau of Reclamation. Requires: (1) all conveyances under this Act, except the Diversion Works (land and the diversion dam structure, canal headworks, and first section of the mail canal) to be conveyed in the first stage; and (2) the Diversion Works to be conveyed in the second stage..Requires the Districts to buy Reclamation withdrawn lands as identified in the Memorandum for their value in providing operation and maintenance benefits.Requires the Secretary to accept: (1) an amount equal to the present value of the remaining water supply repayment obligation from the Savage Irrigation District as full payment of such District's share of the construction of the Savage Unit; and (2) a specified amount from the Pick Sloan Missouri Basin Program (Eastern Division) power customers as full payment for the construction aid-to-irrigation associated with Unit facilities.Conditions the conveyance on the Lower Yellowstone Irrigation Districts conveying a perpetual conservation easement to the State of Montana for the purposes of protecting, preserving, and enhancing the conservation values and permitting recreation on Federal lands in part to be conveyed under this Act. Sets forth requirements regarding: (1) continuation of Pick-Sloan Program irrigation components and pumping power service; and (2) Yellowstone River fisheries protection.
feat_title: A bill to convey the Lower Yellowstone Irrigation Project, the Savage Unit of the Pick-Sloan Missouri Basin Program, and the Intake Irrigation Project to the pertinent irrigation districts.