Missouri River Basin, Middle Loup Division Facilities Conveyance Act

Summary

Missouri River Basin, Middle Loup Division Facilities Conveyance Act - Directs the Secretary of the Interior to convey the Sherman Reservoir, Milburn Diversion Dam, Arcadia Diversion Dam, related canals and other related lands, water rights, acquired land, distribution and diversion facilities, contracts, personal property, and other U.S.-owned associated interests (the Project) to the Farwell Irrigation District, the Sargent Irrigation District, and the Loup Basin Reclamation District (the Districts) in consideration of payment to the Secretary: (1) by the Districts, of an amount not to exceed $3 million; and (2) by the Western Area Power Administration, of $2 million. Requires such conveyance be made concurrently with the making of the payment by the Districts, but the payment by the Western Area Power Administration shall be made from capacity and energy charges at Pick-Sloan Missouri Basin Program firm power rates received in FY 1999 or any subsequent fiscal year in which the amount of power sale revenue received exceeds the amount of interest and operation and maintenance obligations of the Western Area Power Administration by at least $2 million, to the extent of the excess. (Sec. 3) Provides for the conveyance of such Project without regard to whether all necessary legal environmental remedial action on any part of the Project has been completed. Extinguishes on the date of such conveyance all obligations between the Commissioner of Reclamation and the Districts relating to the Project and the Repayment and Water Service Contracts. Provides for the Commissioner and the Districts to each pay half of the costs associated with environmental compliance. States that there shall be credited toward the payment made by the Districts: (1) the amount of any payment made by the Districts before the date of the conveyance for environmental compliance in excess of half of the cost of compliance; (2) the amount of any payments made by the Districts under contracts with the Commissioner before January 1, 1999, and the date of the conveyance; (3) the present value of future operation and maintenance costs required for historic preservation on Project land at Sherman Reservoir; and (4) any other amount specified in the memorandum of agreement between the Commissioner and the Districts under this Act. Requires that, of the $2 million paid by the Western Area Power Administration, $500,000 be deposited in the trust fund established by the Districts under this Act, and be available for additional drainage projects. Authorizes appropriations for such additional drainage projects. (Sec. 5) Prohibits the conveyance from being made until the following events have been completed: (1) environmental compliance; and (2) the execution of memoranda of agreement between the Commissioner and the Districts describing the purchase price and other terms and conditions and an agreement by the Districts to manage the Project substantially similar to the manner in which it was managed before the conveyance, including providing for the establishment by the Districts of a Nebraska-Middle Loup River Community Environmental Trust (the District Trust) and by the Nebraska Game and Parks Commission of a Nebraska-Middle Loup River Game and Parks Trust (the Game and Parks Commission Trust). Requires the Secretary, on receipt of the payments by the Districts and the Western Area Power Administration, to deposit in the District Trust: (1) $2 million of the amount received from the Districts; and (2) the entire amount received from the capacity and energy charges at Pick-Sloan firm power rates described above. Prohibits any payment under this Act from: (1) being subject to Federal or State income tax; or (2) affecting Pick-Sloan Missouri Basin firm power rates. Declares that the Trusts shall by their charters prohibit the use of any funds deposited in the District Trust for routine operation and maintenance work by the Districts, the Game and Parks Commission, or any of the participating agencies of the Trusts. Requires the Game and Parks Commission Trust to provide for direct priority assistance to the Districts for drainage work in the Middle Loup River Valley under conditions requiring greater trust fund investments than are available from the Trust. Requires the Secretary and the Districts, if the conveyance is not substantially completed on or before December 31, 2000, to promptly submit a status report on such conveyance to the appropriate congressional committees. Provides that the Project shall no longer have a flood control component.

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Documents

6 official files

• Reported to Senate (text)

  Reported to Senate · EN · 25 August 2000

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• Reported to Senate (PDF)

  Reported to Senate · EN · 25 August 2000

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• Reported to Senate with amendment(s)

  summary · EN · 25 August 2000

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• Introduced in Senate (text)

  Introduced in Senate · EN · 22 September 1999

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 22 September 1999

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• Introduced in Senate

  summary · EN · 22 September 1999

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