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S 1409 - 97

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.

Became Public Law No: 97-293.

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Summary

47 Conference report filed in Senate May 1, 2004

(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.

39 Senate agreed to House amendment with amendment May 1, 2004

(Senate agreed to House amendment with an amendment) 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: Reduces acreage limitations for qualified and limited recipients for the delivery of irrigation water. Exempts from such limitation lands leased for one year or less for water management and conservation purposes. Allows the delivery of irrigation water to lands leased in excess of a landholding of a specified size only if full cost is paid for water delivery for the excess land. Directs the Secretary of the Interior, in determining the extent of a landholding, to include landholdings held indirectly, as well as directly, by recipients. Requires the Secretary, whenever an acreage limitation is imposed by Federal reclamation laws and upon the request of a contracting entity, to designate lands under the applicable limitation within a district having class I productive potential. Declares that irrigation water from reclamation project facilities shall not be withheld from delivery to project lands because owners, lessees, or operators live on or near such lands. 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. 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 acreage limitation provisions shall not apply to landholdings when construction costs applicable to such landholdings have been repaid. Authorizes the Secretary to provide a certificate to the owner of such landholding acknowledging that such land is free of acreage limitations. Permits lump sum or accelerated repayments under certain circumstances. Provides that individual religious or charitable organizations which are tax-exempt under the Internal Revenue Code of 1954 shall be treated as persons under the provisions of this Act. Exempts from limitations and restrictions of reclamation laws: (1) lands held by a trustee in a fiduciary capacity for beneficiaries whose interest in such lands is within limits imposed by reclamation laws; (2) lands which receive a temporary supply of water; (3) 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 ten years; (4) isolated tracts which are economically farmable only if included in a larger farming operation; and (5) certain lands served with a substitute supply of water. 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. Allows the release of flood waters to downstream users without requiring payment for such water. Provides for the validation of any contract provision between the Secretary and any party pursuant to matters arising under reclamation laws and of written representations of acreage limitations at the request of any non-Federal party to such an agreement. Directs the Secretary to determine whether or not to validate the provision and to transmit the application, with the determination, to Congress within 90 days of its receipt. Makes the Secretary's determination final and binding unless the Congress disapproves by concurrent resolution. Vests exclusive jurisdiction in the United States district court for the district in which a project facility is located for injunctive relief sought under contracts between any non-Federal party and the Secretary relative to water service. Authorizes appropriations. Directs the Secretary, upon the request of the other contractual party, to amend existing contracts to conform to provisions of this Act. 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). 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. Directs that the Secretary be provided with a certificate signed by the lessee which includes a legal description of the land, the lease term, and certification of the reasonableness of the rent. 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. Allows any lease in effect on January 1, 1982, ten years within which to comply with its provisions. Sets forth recordkeeping requirements for contracting entities subject to the acreage limitation of the Federal reclamation law. Requires the Secretary to encourage prudent and responsible water conservation measures in irrigation districts. Requires the Secretary of Agriculture, within one year of enactment of this Act, to report to Congress on the production of surplus crops on acreage served by irrigation water. 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. 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 of 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; and (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.

36 Passed House amended May 1, 2004

(Measure passed House, amended) 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: States that "full cost" as used in this Act shall mean an annual rate amortizing irrigation facility construction costs, including interest at a rate (not less than five percent) determined on the basis of the weighted average yield of all publicly held, interest-bearing, marketable issues of the Treasury (instead of the average yield of 15-year bonds only) sold during a specified period. Applies the provisions of this title to irrigation districts which contract with the Secretary of the Interior after enactment, and to districts which amend existing contracts with the Secretary, within two years, to conform with such provisions. Allows persons to elect to be brought under the provisions of this title in a form approved by the Secretary in the absence of a contract amendment. Prohibits the Secretary from delivering project water under a contract for the irrigation of privately owned lands in excess of 960 acres of class I land. Permits contract delivery of such water to leased lands in excess of 960 acres, but only for full price. Sets forth circumstances under which corporations with more than 18 individual shareholders shall be eligible for project water delivery. Requires such corporations to pay full cost of project water delivered in excess of 160 acres owned or leased. Requires landowners and lessees receiving project water to certify to the district, in a form prescribed by the Secretary, that they are in compliance with provisions of this Act. Requires the Secretary, upon the request of any district for the application of acreage limitations, to determine the equivalency of irrigable lands within the district. Conditions the delivery of project water to lands in excess of ownership limitations upon the owners' agreement with the Secretary to dispose of excess lands. Requires the price of project water delivery to be sufficient to cover operation and maintenance costs. Exempts districts which finance their project facilities through non-Federal funds from such requirement. Provides that contracts entered into or amended pursuant to this title shall require the district concerned to develop and implement a water conservation program. Directs the Secretary to take appropriate action, including a surcharge on water service, when it is determined that a district is wasting irrigation water. States that residency on or near lands receiving project water is not required. Exempts landholdings receiving benefits from certain water resource projects constructed by the Army Corps of Engineers from the acreage limitations and other provisions of Federal reclamation laws. Lists the types of ownership and lands for which acreage limitations shall not apply. States that an individual religious or religious charitable organization which owns, operates, or leases lands within a district shall be treated as a person under this Act. Provides that project water temporarily made available for reclamation facilities in excess of ordinary quantities may be used for irrigation, municipal, or industrial purposes only to the extent covered by a contract for the use of such project water. Authorizes any party to a contract to sue the United States to adjudicate, confirm, validate or decree the contractual rights regarding any contract executed pursuant to Federal reclamation laws. Provides for the extension of time under recordable contracts to dispose of excess lands when the Secretary withholds the processing or approval of such disposition. Prohibits the delivery of project water, with respect to any project authorized after enactment of this Act, for ten years after it first becomes available for irrigation of any basic agricultural commodity if the total supply of such commodity for the pertinent marketing year exceeds normal supply, unless the Secretary of Agriculture calls for an increase in production of such commodities in the interest of national security. Limits to ten years any restriction prohibiting the delivery of project water for the production of excess basic agricultural commodities in reclamation project services areas, where the project was authorized before enactment of this Act. Amends the Small Reclamation Projects Act to restrict certain water contract requirements to privately owned land in excess of 960 irrigable acres (currently applies requirements to any such land of more than 160 irrigable acres). Sets forth penalties for violations of Federal reclamation laws. Makes permanent the provision of project water to lessees of State-owned irrigable land (currently, permits such provision only until 1995). Provides that nonexcess lands acquired into excess status pursuant to involuntary foreclosure, or other process of law, including conveyance in satisfaction of mortgage, inheritance, or devise, may be sold at fair market value within five years. Provides that nonexcess lands subject to a covenant for price approval shall be sold for the amount approved by the Secretary, or the amount sufficient to cover the mortgage, whichever is greater. Authorizes appropriations. Limits the authority to enter into contracts, incur obligations, or make payments under this Act to the extent provided in advance in appropriation Acts. Amends the Reclamation Project Act of 1939 to direct the Secretary to provide public notice and invite comments by interested persons before entering into or amending repayment contracts for the delivery of project water for irrigation purposes. Directs the Secretary to enter into memorandums of agreement with Federal agencies capable of assisting in implementing water conservation measures to assure coordination of ongoing programs. Provides that such memorandums should provide for involvement of non-Federal entities to assure full public participation. Repeals current law which requires congressional authority for funding of Indian irrigation projects in excess of a specified amount. Directs the Inspector General of the Department of the Interior to review all audit reports prepared by the Department since January 1977, pertaining to Bureau of Reclamation water resource projects. Requires the Inspector General to transmit to the Secretary and Congress a list of recommendations based upon the review of audit reports. Requires the Secretary to implement such recommendations, unless the Secretary informs the appropriate congressional committees, in writing, of the reasons for non-implementation. 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. 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 whose use is recognized by State law, 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. Declares such costs reimbursable as long as the water is used for irrigation of Indian lands. Authorizes the Secretary, in facilitating water delivery under this Act, to: (1) enter into contracts for the exchange of water or for the use of water delivery facilities; and (2) use facilities constructed with Federal funds. Sets forth requirements concerning the purchase and delivery of reclaimed water or alternative water supplies by the Secretary, in accordance with a specified agreement and in specified amounts, to the San Xavier Reservation and to the Schuk Toak District of the Sells Papago Reservation. Makes the costs of design, contruction, operation, maintenance, and replacement of on-reservation water distribution systems the responsibility of the Papago Tribe. Prohibits the Secretary from constructing a separate delivery system to deliver such reclaimed water. Directs the Secretary to utilize unused capacity of the main project works of CAP to facilitate such water delivery. 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.

35 Passed Senate amended May 1, 2004

(Measure passed Senate, amended) 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.

01 Reported to Senate with amendment(s) May 1, 2004

(Reported to Senate from the Committee on Energy and Natural Resources with amendment, S. Rept. 97-40) 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.

00 Introduced in Senate May 1, 2004

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 acquire by donation, purchase, or exchange, lands within the Polecat Bench Area for the construction of works in such area. Requires the Secretary, when disposing of such lands, to retain a reservation of a lien for water charges, mineral rights, and certain right-of-way. Directs that all moneys received from the disposition of such lands be deposited in the Federal Reclamation Fund to the credit of the Polecat Bench Area. Authorizes appropriations to carry out such land acquisitions.

Sponsors

Timeline

Oct 12, 1982

Signed by President.

Oct 12, 1982

Signed by President.

Oct 12, 1982

Became Public Law No: 97-293.

Oct 12, 1982

Became Public Law No: 97-293.

Oct 1, 1982

Measure Signed in Senate.

Oct 1, 1982

Presented to President.

Oct 1, 1982

Presented to President.

Sep 29, 1982

Conference report agreed to in House: House Agreed to Conference Report by Voice Vote.

Sep 29, 1982

House Agreed to Conference Report by Voice Vote.

Sep 24, 1982

Conference report considered in Senate.

Sep 24, 1982

Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.

Sep 24, 1982

Senate agreed to conference report by Voice Vote.

Sep 22, 1982

Conference report filed: Conference Report 97-855 Filed in House.

Sep 22, 1982

Conference Report 97-855 Filed in House.

Sep 22, 1982

Conference report filed: Conference report S. Rept. 97-568 filed in Senate by Senator McClure on the disagreeing votes of the two Houses on the amendment of the Senate to the amendment of the House.

Sep 22, 1982

Conference report S. Rept. 97-568 filed in Senate by Senator McClure on the disagreeing votes of the two Houses on the amendment of the Senate to the amendment of the House.

Sep 21, 1982

Conference committee actions: Conferees agreed to file conference report.

Sep 21, 1982

Conferees agreed to file conference report.

Sep 16, 1982

Conference committee actions: Conference held.

Sep 16, 1982

Conference held.

Sep 15, 1982

Conference committee actions: Conference held.

Sep 15, 1982

Conference held.

Sep 14, 1982

Conference committee actions: Conference held.

Sep 14, 1982

Conference held.

Sep 8, 1982

Resolving differences -- House actions: House Disagreed to Senate Amendments by Unanimous Consent.

Sep 8, 1982

House Disagreed to Senate Amendments by Unanimous Consent.

Sep 8, 1982

House Agreed to Request for Conference and Speaker Appointed Conferees: Udall, Kazen, Phillip Burton, Seiberling, Miller (CA), Coelho, Lujan, Clausen, Pashayan.

Aug 20, 1982

Considered by Senate.

Aug 20, 1982

Resolving differences -- Senate actions: Senate agreed to House amendment with an amendment. By Voice Vote.

Aug 20, 1982

Senate agreed to House amendment with an amendment. By Voice Vote.

Aug 20, 1982

Senate insists on its amendments, asks for a conference, appoints conferees McClure; Hatfield; Domenici; Wallop; Warner; Jackson; Johnston; Ford; Metzenbaum.

Aug 17, 1982

House Committee on Interior and Insular Affairs Discharged by Unanimous Consent.

Aug 17, 1982

House Committee on Interior and Insular Affairs Discharged by Unanimous Consent.

Aug 17, 1982

Called up by House by Unanimous Consent.

Aug 17, 1982

Passed/agreed to in House: Passed House (Amended) by Voice Vote.

Aug 17, 1982

Passed House (Amended) by Voice Vote.

Aug 17, 1982

Resolving differences -- House actions: House Insisted on its Amendments by Voice Vote.

Aug 17, 1982

House Insisted on its Amendments by Voice Vote.

Aug 17, 1982

House Requested a Conference and Speaker Appointed Conferees: Udall, Kazen, Phillip Burton, Seiberling, Miller (CA), Coelho, Lujan, Clausen, Pashayan.

Jul 28, 1982

Referred to Subcommittee on Water and Power Resources.

Jun 24, 1982

Referred to House Committee on Interior and Insular Affairs.

Jun 22, 1982

Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

Jun 22, 1982

Passed Senate with amendments by Voice Vote.

May 26, 1982

Committee on Energy and Natural Resources. Reported to Senate by Senator Wallop with amendments. With written report No. 97-420.

May 26, 1982

Committee on Energy and Natural Resources. Reported to Senate by Senator Wallop with amendments. With written report No. 97-420.

May 26, 1982

Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 602.

May 13, 1982

Committee on Energy and Natural Resources. Ordered to be reported with amendments favorably.

May 11, 1982

Committee on Energy and Natural Resources. Committee consideration and Mark Up Session held.

Feb 12, 1982

Subcommittee on Water and Power. Hearings held.

Jun 23, 1981

Introduced in Senate

Jun 23, 1981

Read second time and referred to Senate Committee on Energy and Natural Resources.

House Votes

No House roll call votes have been linked to this bill yet.

Amendments

No amendment records are currently available for this bill.
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