[United States Statutes at Large, Volume 117, 108th Congress, 1st Session] [From the U.S. Government Printing Office, www.gpo.gov] 117 STAT. 1049 Public Law 108-85 108th Congress An Act To authorize the Secretary of the Interior to convey certain facilities to the Fremont-Madison Irrigation District in the State of Idaho. [NOTE: Sept. 30, 2003 - [S. 520]] Be it enacted by the Senate and House of Representatives of the United States of America in Congress [NOTE: Fremont-Madison Conveyance Act.] assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fremont-Madison Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the Fremont- Madison Irrigation District, an irrigation district organized under the law of the State of Idaho. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF FACILITIES. (a) Conveyance Requirement.--The Secretary of the Interior shall convey to the Fremont-Madison Irrigation District, Idaho, pursuant to the terms of the Memorandum of Agreement (MOA) between the District and the Secretary (Contract No. 1425-01-MA-10-3310), all right, title, and interest of the United States in and to the canals, laterals, drains, and other components of the water distribution and drainage system that is operated or maintained by the District for delivery of water to and drainage of water from lands within the boundaries of the District as they exist upon the date of enactment of this Act, consistent with section 8. (b) Report.--If [NOTE: Deadline.] the Secretary has not completed any conveyance required under this Act by September 13, 2004, the Secretary shall, by no later than that date, submit a report to the Congress explaining the reasons that conveyance has not been completed and stating the date by which the conveyance will be completed. SEC. 4. COSTS. (a) In General.--The Secretary shall require, as a condition of the conveyance under section 3, that the District pay the administrative costs of the conveyance and related activities, including the costs of any review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as described in Contract No. 1425-01-MA-10- 3310. (b) Value of Facilities To Be Transferred.--In addition to subsection (a) the Secretary shall also require, as a condition of the conveyance under section 3, that the District pay to the [[Page 1050]] 117 STAT. 1050 United States the lesser of the net present value of the remaining obligations owed by the District to the United States with respect to the facilities conveyed, or $280,000. Amounts received by the United States under this subsection shall be deposited into the Reclamation Fund. SEC. 5. TETON EXCHANGE WELLS. (a) Contracts and Permit.--In conveying the Teton Exchange Wells pursuant to section 3, the Secretary shall also convey to the District-- (1) Idaho Department of Water Resources permit number 22- 7022, including drilled wells under the permit, as described in Contract No. 1425-01-MA-10-3310; and (2) all equipment appurtenant to such wells. (b) Extension of Water Service Contract.--The water service contract between the Secretary and the District (Contract No. 7-07-10-W0179, dated September 16, 1977) is hereby extended and shall continue in full force and effect until all conditions described in this Act are fulfilled. SEC. 6. ENVIRONMENTAL REVIEW. Prior to conveyance the Secretary shall complete all environmental reviews and analyses as set forth in the Memorandum of Agreement referenced in section 3(a). SEC. 7. [NOTE: Effective date.] LIABILITY. Effective on the date of the conveyance the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed facilities, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors prior to the date of conveyance. Nothing in this section may increase the liability of the United States beyond that currently provided in chapter 171 of title 28, United States Code. SEC. 8. WATER SUPPLY TO DISTRICT LANDS. The acreage within the District eligible to receive water from the Minidoka Project and the Teton Basin Projects is increased to reflect the number of acres within the District as of the date of enactment of this Act, including lands annexed into the District prior to enactment of this Act as contemplated by the Teton Basin Project. The increase in acreage does not alter deliveries authorized under the District's existing water storage contracts and as allowed by State water law. SEC. 9. [NOTE: Deadline.] DROUGHT MANAGEMENT PLANNING. Within 60 days of enactment of this Act, in collaboration with stakeholders in the Henry's Fork watershed, the Secretary shall initiate a drought management planning process to address all water uses, including irrigation and the wild trout fishery, in the Henry's Fork watershed. [NOTE: Reports.] Within 18 months of enactment of this Act, the Secretary shall submit a report to Congress, which shall include a final drought management plan. SEC. 10. EFFECT. (a) In General.--Except as provided in this Act, nothing in this Act affects-- (1) the rights of any person; or [[Page 1051]] 117 STAT. 1051 (2) any right in existence on the date of enactment of this Act of the Shoshone-Bannock Tribes of the Fort Hall Reservation to water based on a treaty, compact, executive order, agreement, the decision in Winters v. United States, 207 U.S. 564 (1908) (commonly known as the ``Winters Doctrine''), or law. (b) Conveyances.--Any conveyance under this Act shall not affect or abrogate any provision of any contract executed by the United States or State law regarding any irrigation district's right to use water developed in the facilities conveyed. Approved September 30, 2003. LEGISLATIVE HISTORY--S. 520: --------------------------------------------------------------------------- SENATE REPORTS: No. 108-62 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 149 (2003): June 16, considered and passed Senate. Sept. 16, considered and passed House.