Pilot Butte Power Plant Conveyance Act

II Calendar No. 356 118TH CONGRESS 2D SESSION S. 1662 [Report No. 118–165] 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. IN THE SENATE OF THE UNITED STATES MAY 17, 2023 Mr. BARRASSO (for himself and Ms. LUMMIS) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources APRIL 9, 2024 Reported by Mr. MANCHIN, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL 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 00:02 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1662.RS S1662 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 1662 RS 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 00:02 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1662.RS S1662 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 1662 RS 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 00:02 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1662.RS S1662 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 1662 RS 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 00:02 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1662.RS S1662 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 1662 RS (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 00:02 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1662.RS S1662 ssavage on LAPJG3WLY3PROD with BILLS 6 •S 1662 RS 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 SECTION 1. SHORT TITLE. 17 This Act may be cited as the ‘‘Pilot Butte Power Plant 18 Conveyance Act’’. 19 SEC. 2. DEFINITIONS. 20 In this Act: 21 (1) AGREEMENT.—The term ‘‘Agreement’’ means 22 the agreement entered into under section 3(a). 23 VerDate Sep 11 2014 00:02 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S1662.RS S1662 ssavage on LAPJG3WLY3PROD with BILLS 7 •S 1662 RS (2) DISTRICT.—The term ‘‘District’’ means the 1 Midvale Irrigation District located in Pavillion, Wyo- 2 ming. 3 (3) POWER PLANT.—The term ‘‘Power Plant’’ 4 means the Pilot Butte Power Plant and other appur- 5 tenant facilities in the State of Wyoming authorized 6 under the Act of March 2, 1917 (39 Stat. 969, chapter 7 146), transferred to the jurisdiction of the Bureau of 8 Reclamation under the Act of June 5, 1920 (41 Stat. 9 874, chapter 235), and incorporated into the Riverton 10 Unit of the Pick-Sloan Missouri Basin Program 11 under Public Law 91–409 (84 Stat. 861), including 12 the underlying land. 13 (4) SECRETARY.—The term ‘‘Secretary’’ means 14 the Secretary of the Interior, acting through the Com- 15 missioner of Reclamation. 16 SEC. 3. AGREEMENT, CONVEYANCE, AND REPORT. 17 (a) AGREEMENT.— 18 (1) IN GENERAL.—Not later than 2 years after 19 the date of enactment of this Act, the Secretary shall 20 enter into good faith negotiations with the District to 21 enter into an agreement to determine the legal, insti- 22 tutional, and financial terms for the conveyance of 23 the Power Plant from the Secretary to the District. 24 VerDate Sep 11 2014 00:02 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1662.RS S1662 ssavage on LAPJG3WLY3PROD with BILLS 8 •S 1662 RS (2) REQUIREMENT.—Notwithstanding section 1 8002(3)(B) of the John D. Dingell, Jr. Conservation, 2 Management, and Recreation Act (43 U.S.C. 3 2902(3)(B)), the Secretary shall negotiate the agree- 4 ment under paragraph (1) in accordance with the cri- 5 teria, terms, and conditions described in subtitle A of 6 title VIII of that Act (43 U.S.C. 2901 et seq.). 7 (b) CONVEYANCE.— 8 (1) IN GENERAL.—The Secretary shall offer to 9 convey and assign to the District all right, title, and 10 interest of the United States in and to the Power 11 Plant— 12 (A) subject to valid leases, permits, rights- 13 of-way, easements, and other existing rights; and 14 (B) in accordance with— 15 (i) the terms and conditions described 16 in the Agreement; and 17 (ii) this Act. 18 (2) STATUS OF LAND.—Effective on the date of 19 the conveyance of the Power Plant to the District 20 under paragraph (1), the Power Plant shall not be 21 considered to be a part of a Federal reclamation 22 project. 23 (c) REPORT.—If the conveyance authorized under sub- 24 section (b)(1) is not completed by the date that is 1 year 25 VerDate Sep 11 2014 00:02 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S1662.RS S1662 ssavage on LAPJG3WLY3PROD with BILLS 9 •S 1662 RS after the date of enactment of this Act, the Secretary shall 1 submit to the Committee on Energy and Natural Resources 2 of the Senate and the Committee on Natural Resources of 3 the House of Representatives a report that describes— 4 (1) the status of the conveyance under that sub- 5 section; 6 (2) any obstacles to completing the conveyance 7 under that subsection; and 8 (3) an anticipated date for the completion of the 9 conveyance under that subsection. 10 SEC. 4. COMPLIANCE WITH OTHER LAWS. 11 Effective on the date of the conveyance of the Power 12 Plant to the District under section 3(b)(1), the District shall 13 comply with all applicable Federal, State, and local laws 14 (including regulations) with respect to the operation of the 15 Power Plant. 16 VerDate Sep 11 2014 00:02 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S1662.RS S1662 ssavage on LAPJG3WLY3PROD with BILLS Calendar No. 356 118TH CONGRESS 2D SESSION S. 1662 [Report No. 118–165] A BILL 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. APRIL 9, 2024 Reported with an amendment VerDate Sep 11 2014 00:02 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\S1662.RS S1662 ssavage on LAPJG3WLY3PROD with BILLS