Pilot Butte Power Plant Conveyance Act

II 118TH CONGRESS 2D SESSION H. R. 3415 IN THE SENATE OF THE UNITED STATES FEBRUARY 8 (legislative day, FEBRUARY 7), 2024 Received AN ACT To direct the Secretary of the Interior to convey to the Midvale Irrigation District the Pilot Butte Power Plant in the State of Wyoming, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:43 Jan 08, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3415.RDS H3415 ssavage on LAPJG3WLY3PROD with BILLS 2 HR 3415 RDS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Pilot Butte Power 2 Plant Conveyance Act’’. 3 SEC. 2. DEFINITIONS. 4 In this Act: 5 (1) AGREEMENT.—The term ‘‘Agreement’’ 6 means the agreement entered into under section 7 3(a). 8 (2) DISTRICT.—The term ‘‘District’’ means the 9 Midvale Irrigation District located in Pavillion, Wyo- 10 ming. 11 (3) POWER PLANT.—The term ‘‘Power Plant’’ 12 means the Pilot Butte Power Plant and other appur- 13 tenant facilities in the State of Wyoming authorized 14 under the Act of March 2, 1917 (39 Stat. 969, 15 chapter 146), transferred to the jurisdiction of the 16 Bureau of Reclamation under the Act of June 5, 17 1920 (41 Stat. 874, chapter 235), and incorporated 18 into the Riverton Unit of the Pick-Sloan Missouri 19 Basin Program under Public Law 91–409 (84 Stat. 20 861), including the underlying land. 21 (4) SECRETARY.—The term ‘‘Secretary’’ means 22 the Secretary of the Interior, acting through the 23 Commissioner of Reclamation. 24 VerDate Sep 11 2014 00:43 Jan 08, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3415.RDS H3415 ssavage on LAPJG3WLY3PROD with BILLS 3 HR 3415 RDS SEC. 3. AGREEMENT, CONVEYANCE, AND REPORT. 1 (a) AGREEMENT.—Not later than 2 years after the 2 date of enactment of this Act, the Secretary shall enter 3 into good faith negotiations with the District to enter into 4 an agreement to determine the legal, institutional, and fi- 5 nancial terms for the conveyance of the Power Plant from 6 the Secretary to the District. 7 (b) CONVEYANCE.— 8 (1) IN GENERAL.—In consideration for the Dis- 9 trict assuming from the United States all liability 10 for the administration, operation, maintenance, and 11 replacement of the Power Plant, the Secretary shall 12 offer to convey and assign to the District all right, 13 title, and interest of the United States in and to the 14 Power Plant— 15 (A) subject to valid leases, permits, rights- 16 of-way, easements, and other existing rights; 17 and 18 (B) in accordance with— 19 (i) the terms and conditions described 20 in the Agreement; and 21 (ii) this Act. 22 (2) STATUS OF LAND.—Effective on the date of 23 the conveyance of the Power Plant to the District 24 under paragraph (1), the Power Plant shall not be 25 VerDate Sep 11 2014 00:43 Jan 08, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3415.RDS H3415 ssavage on LAPJG3WLY3PROD with BILLS 4 HR 3415 RDS considered to be a part of a Federal reclamation 1 project. 2 (c) REPORT.—If the conveyance authorized under 3 subsection (b)(1) is not completed by the date that is 1 4 year after the date of enactment of this Act, the Secretary 5 shall submit to the Committee on Energy and Natural Re- 6 sources of the Senate and the Committee on Natural Re- 7 sources of the House of Representatives a report that de- 8 scribes— 9 (1) the status of the conveyance under that 10 subsection; 11 (2) any obstacles to completing the conveyance 12 under that subsection; and 13 (3) an anticipated date for the completion of 14 the conveyance under that subsection. 15 SEC. 4. LIABILITY. 16 (a) DAMAGES.—Except as otherwise provided by law 17 and for damages caused by acts of negligence committed 18 by the United States or by employees or agents of the 19 United States, effective on the date of the conveyance of 20 the Power Plant to the District under section 3(b)(1), the 21 United States shall not be held liable by any court for 22 damages of any kind arising out of any act, omission, or 23 occurrence relating to the Power Plant. 24 VerDate Sep 11 2014 00:43 Jan 08, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3415.RDS H3415 ssavage on LAPJG3WLY3PROD with BILLS 5 HR 3415 RDS (b) TORTS CLAIMS.—Nothing in this section in- 1 creases the liability of the United States beyond that pro- 2 vided in chapter 171 of title 28, United States Code (com- 3 monly known as the ‘‘Federal Tort Claims Act’’). 4 SEC. 5. COMPLIANCE WITH OTHER LAWS. 5 (a) COMPLIANCE WITH ENVIRONMENTAL AND HIS- 6 TORIC PRESERVATION LAWS.—Before making the convey- 7 ance authorized under section 3(b)(1), the Secretary shall 8 complete all actions required under— 9 (1) the National Environmental Policy Act of 10 1969 (42 U.S.C. 4321 et seq.); 11 (2) the Endangered Species Act of 1973 (16 12 U.S.C. 1531 et seq.); 13 (3) subtitle III of title 54, United States Code; 14 and 15 (4) any other applicable laws. 16 (b) COMPLIANCE BY THE DISTRICT.—Effective on 17 the date of the conveyance of the Power Plant to the Dis- 18 trict under section 3(b)(1), the District shall comply with 19 all applicable Federal, State, and local laws (including reg- 20 ulations) with respect to the operation of the Power Plant. 21 SEC. 6. PAYMENT OF COSTS. 22 (a) ADMINISTRATIVE COSTS.—Administrative costs 23 for the conveyance of the Power Plant to the District 24 VerDate Sep 11 2014 00:43 Jan 08, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3415.RDS H3415 ssavage on LAPJG3WLY3PROD with BILLS 6 HR 3415 RDS under section 3(b)(1) shall be paid in equal shares by the 1 Secretary and the District. 2 (b) REAL ESTATE TRANSFER COSTS.—The costs of 3 all boundary surveys, title searches, cadastral surveys, ap- 4 praisals, and other real estate transactions required for 5 the conveyance of the Power Plant to the District under 6 section 3(b)(1) shall be paid in equal shares by the Sec- 7 retary and the District. 8 (c) COSTS OF COMPLIANCE WITH OTHER LAWS.— 9 The costs associated with any review required under the 10 National Environmental Policy Act of 1969 (42 U.S.C. 11 4321 et seq.), the Endangered Species Act of 1973 (16 12 U.S.C. 1531 et seq.), subtitle III of title 54, United States 13 Code, or any other applicable laws for conveyance of the 14 Power Plant to the District under section 3(b)(1) shall 15 be paid in equal shares by the Secretary and the District. 16 Passed the House of Representatives February 7, 2024. Attest: KEVIN F. MCCUMBER, Clerk. VerDate Sep 11 2014 00:43 Jan 08, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3415.RDS H3415 ssavage on LAPJG3WLY3PROD with BILLS