legislation: 97-s-1409
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| 97-s-1409 | 97 | s | 1409 | A bill to authorize the Secretary of the Interior to construct, operate, and maintain modifications of the existing Buffalo Bill Dam and Reservoir, Shoshone project, Pick-Sloan Missouri Basin program, Wyoming, and for other purposes. | Water Resources Development | 1981-06-23 | 1982-10-12 | Became Public Law No: 97-293. | Senate | Sen. Wallop, Malcolm [R-WY] | WY | R | W000092 | 1 | (Conference report filed in Senate, s. Rept. 97-568) Title I: Authorizes the enlargement of the Buffalo Bill Dam and Reservoir, Wyoming, for various purposes, including water supply, recreation, fish and wildlife conservation, and environmental quality. Requires that repayment contracts for the costs of municipal and industrial water supply be negotiated prior to construction of such facilities. Authorizes the Secretary of Energy to construct transmission interconnections as necessary to interconnect the hydroelectric powerplant authorized by this Act with existing power systems. Authorizes appropriations: (1) for modifications to such dam; and (2) of such sums as may be required by the Secretary of Energy. Authorizes the Secretary of the Interior to enter into contracts with the State of Wyoming for the division of additional water impounded by, the sharing of revenues from, and the sharing of costs of construction, operation, maintenance, and replacement of the Buffalo Bill Dam and Reservoir modifications. Title II: Reclamation Reform Act of 1982 - Declares that for any entity within a district that does not enter into an amended contract with the Secretary of the Interior within four and one-half years after enactment of this Act, irrigation water may be delivered to a leased landholding in excess of 160 acres only if full cost is paid for water assignable to the excess landholding. Limits a qualified recipient (an individual) to irrigation water for not more than 960 acres of class I lands and a limited recipient (a legal entity) to irrigation water for not more than 640 acres of class I lands. Sets forth the terms and methods of pricing the delivery of irrigation water to qualified and certain limited recipients. Conditions the receipt of irrigation water upon certification that recipients are in compliance with provisions of this title. Declares that upon the request of any district, the ownership and pricing limitations imposed by this title shall apply to irrigable lands classified as having class I productive potential or the equivalent in larger acreage of less productive potential. Requires the price of irrigation water to be sufficient to recover all operation and maintenance charges. Authorizes the Secretary to modify contract prices yearly to reflect any changes in such costs. Exempts from this provision facilities financed by non-Federal funds. Requires owners of excess lands to execute a recordable contract with the Secretary for the disposal of such lands before irrigation water may be made available to them. Requires the disposal of such lands within five years for contracts entered into after enactment of this Act. Requires the Secretary to encourage prudent and responsible water conservation measures in irrigation districts. Requires each district that has entered into a repayment contract or water service contract pursuant to Federal reclamation law to develop a water conservation plan. Directs the Secretary to enter into memorandums of agreement with appropriate Federal agencies to assure coordination of water conservation programs. Declares that irrigation water from reclamation project facilities shall not be withheld from delivery to project lands because owners, lessees, or operators do not live on or near such lands. Exempts Federal water resources projects constructed by the Army Corps of Engineers from acreage limitation requirements or other provisions of reclamation law, unless specifically made applicable by statute or pursuant to the authority of the Secretary. Declares that contractual repayment costs attributable to Corps of Engineers projects shall remain in effect. States that ownership and full cost pricing limitations shall not apply to landholdings in a district when construction costs applicable to project facilities in such district have been repaid. Authorizes the Secretary to provide a certificate to the owner of such a landholding acknowledging that such land is free of such limitations. Makes ownership and full cost pricing limitations inapplicable to lands held by a trustee in a fiduciary capacity for a beneficiary whose interests in the lands served do not exceed such limitations. Provides that individual religious or charitable organizations which are tax-exempt under the Internal Revenue Code to 1954 shall be treated as persons under the provisions of this Act. Exempts from limitations and restrictions of reclamation laws: (1) lands which receive a temporary supply of water; (2) lands acquired by involuntary foreclosure, bona fide conveyance in satisfaction of mortgage, inheritance, or devise, which are eligible for a temporary supply of water not exceeding five years; and (3) isolated tracts which are economically farmable only if included in a larger farming operation. Allows Central Arizona Project land to continue to receive irrigation water for a period not to exceed ten years upon terms and conditions related to pricing as in effect before enactment of this Act. Allows the use of excess project water for irrigation, municipal, or industrial purposes only to the extent covered by a contract requiring payment for the use of such water. Vests jurisdiction in any United States district court in the State where the land involved is located for injunctive relief sought under contracts between any non-Federal party and the Secretary relative to water service. Requires the Secretary of Agriculture to report to Congress, within one year of enactment of this Act, on the production of surplus crops on acreage served by irrigation water. Limits to ten years any prohibitions on the delivery of water for excess agricultural commodities for any Federal reclamation project. Amends the Small Reclamation Projects Act to conform to provisions of this Act. Amends the Reclamation Project Act of 1939 to require public notice and opportunity for public comment before the Secretary enters into or amends certain water delivery contracts. Prohibits the leasing of lands which receive irrigation water unless the lease instrument is written and is for a term not in excess of ten years. States that with prior approval of the Secretary, leases of lands for the production of perennial crops may be granted for a term equal to the average life of such crops, but not in excess of 25 years. Sets forth recordkeeping requirements for contracting entities subject to the acreage limitation of the Federal reclamation law. Provides that the Commissioner of Reclamation shall be appointed by the President, with the advice and consent of the Senate (currently, the President appoints the Commissioner without consulting the Senate). Title III: Southern Arizona Water Rights Settlement Act of 1982 - Directs the Secretary of the Interior to deliver water supplies to the Papago Tribe of Arizona and its members in settlement of tribal and individual water rights claims in portions of the Papago reservations. Directs the Secretary (acting through the Bureau of Reclamation), as soon as possible but not later than ten years after enactment of this Act, and if the Tribe has agreed to specified conditions, to: (1) deliver, annually, specified amounts of water suitable for agricultural use from the main project works of the Central Arizona Project (CAP) to the San Xavier Reservation and to the Schuk Toak District of the Sells Papago Reservation; (2) construct facilities to convey and distribute such water; and (3) establish a water management plan for such areas. Authorizes appropriations for certain features of the irrigation system. Directs the Secretary, upon request by the Tribe, to study the availability and suitability of water resources within the Sells Papago Reservation but outside the Tucson Active Management Area or the Upper Santa Cruz Basin. Directs the Secretary, in cooperation with the Secretary of Energy or the appropriate agency or officials, to carry out a study to determine: (1) energy availability and requirements resulting from enactment of this Act; and (2) feasibility of constructing a solar power or other alternative energy producing facility to meet such requirements. Declares that the Tribe shall have the right to withdraw ground water from beneath the San Xavier Reservation and the Schuk Toak District of the Sells Papago Reservation, subject to specified limitations. Declares that nothing in this Act shall diminish or abrogate any obligations of the Secretary to the Papago Tribe under the December 11, 1980, CAP water delivery contract. Requires that specified deliveries of water under this Act be in such amounts and according to such terms and conditions as are set forth in the December 11, 1980, agreement, except as otherwise provided in this Act. Directs the Secretary, when unable to deliver such amounts of water from the main project works of the CAP, to: (1) acquire and deliver an equivalent quantity of water from specified alternative supplies and sources; or (2) pay damages in an amount equal to the actual replacement costs (where a delivery system has not been completed within ten years after enactment of this Act) or the value of such quantities of water not acquired and delivered (where the delivery system is completed). Requires the owner's consent to the Secretary's acquisition of land, water rights, contract rights, or reclaimed water. Sets forth conditions for acquisitions by the Secretary. Requires that any private lands acquired have a recent history of capacity to receive substantially all of the water right use and that preference in acquisition be given to lands upon which water has recently been put to beneficial use. Declares that nothing in this title shall authorize the Secretary to acquire or disturb the water rights of any Indian tribe, band, group, or community. Directs the Secretary (acting through the Bureau of Reclamation), in meeting such water delivery obligations, to: (1) design, construct, operate, maintain, and replace appropriate facilities; and (2) deliver the water to suitable boundary points agreed to by the Tribe. Authorizes appropriations for the total costs of phase B of the Tucson Aqueduct of CAP which the Secretary determines allocable to the construction of facilities for the delivery of water to Indian lands. Directs the Secretary, not later than ten years after enactment of this Act, to acquire reclaimed water and deliver annually specified amounts for agricultural use to the San Xavier Reservation and the Schuk Toak District of the Sells Papago Reservation. Authorizes the Secretary to use alternative water supplies. Sets forth the terms and conditions for the Secretary to carry out the obligations of this provision. Requires the Secretary to carry out specified water delivery obligations only if the Tribe agrees to: (1) certain limitations on the pumping of ground water; and (2) compliance with the water management plan. Requires the Secretary to carry out specified distribution systems obligations only if the Tribe agrees to: (1) subjugate the land at no cost to the United States; and (2) assume responsibility for the systems. Sets forth the rights of the Tribe with respect to the use of water supplies under this Act. Requires that the proceeds from any sale, exchange, or disposition of water by the Tribe be used for social or economic programs which benefit the Tribe. Declares that nothing in specified provisions of this Act shall be construed to establish whether or not reserved water may be put to use, or sold for use, off any reservation to which reserved water rights attach. Requires the Secretary to carry out specified water delivery obligations under this Act only if, within one year of the enactment of this Act: (1) the city of Tucson, the Secretary, and the Tribe agree that the city will make available and the Secretary will purchase a specified quantity of reclaimed water to be delivered annually to the Tribe; (2) the Tribe agrees to file a stipulation for voluntary dismissal with prejudice of a specified district court suit and the suit is dismissed within an unspecified period of time; (3) the Tribe executes a waiver and release of all of its claims concerning water rights within specified areas against the United States, the State of Arizona and its agencies and local governments, or any other person, corporation or municipal corporation arising under U.S. or Arizona law; and (4) the Secretary, the city of Tucson, the State of Arizona, and specified business entities agree that funds will be contributed to the Cooperative Fund established by this Act. Provides that such waiver and release shall not take effect until a trust fund has been established and the full amount authorized to be appropriated to such trust fund under this Act has been appropriated by the Congress. Declares that the settlement under this Act fully satisfies all claims of water rights or injuries to water rights of all individual members of the Papago Tribe with a legal interest in specified lands. Provides that any entitlement to water of any individual member of the Papago Tribe shall be satisfied out of the water resources provided in this Act. Directs the Secretary to complete a study within one year to determine which lands within the Gila Bend Reservation have been rendered unsuitable for agriculture because of the operation of the Painted Rock Dam. Authorizes the Secretary to exchange such lands for an equivalent acreage, of like quality but suitable for agriculture. Authorizes the Secretary to require the Tribe to reimburse the United States for moneys paid for flood easements on such lands which the Secretary replaces by exchange. Authorizes the establishment of a trust fund of $15,000,000 for the benefit of the Papago Tribe. Directs the Secretary to invest such amount in interest bearing deposits and securities. Provides that the income thus accruing may only be used, pursuant to appropriations legislation, for the subjugation of land, development of water resources, and the construction, operation, maintenance, and replacement of related facilities on the Papago Reservations which are not the obligation of the United States. Provides that the functions of the Bureau of Reclamation under this Act shall be subject to the Indian Self-Determination and Education Assistance Act to the same extent as if performed by the Bureau of Indian Affairs. Extends through 1984 the period under the Federal statute of limitations during which water rights complaints may be brought by or on behalf of the Tribe or its members. Provides that if a Federal entity is established to provide financial assistance for arid land renewable resources projects and investments, such entity shall: (1) give first priority to the needs of the Papago Tribe; and (2) make price guarantees, loan guarantees, purchase agreements, loans, and joint venture projects available to the Tribe. Establishes in the Treasury the Cooperative Fund consisting of amounts as may be appropriated or transferred in accordance with provisions of this Act. Authorizes appropriations for such Fund. Authorizes appropriations for FY 1983 and thereafter to carry out this Act. Provides for compliance with the Budget Act. Declares that any provision of this Act which directly or indirectly authorizes the enactment of new budget authority shall be effective only for fiscal years beginning after September 30, 1982. | 2025-04-23T11:41:33Z |