[House Report 106-870]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-870
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NAMPA AND MERIDIAN CONVEYANCE ACT
_______
September 20, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 3067]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3067) to authorize the Secretary of the Interior to
convey certain facilities to Nampa and Meridian Irrigation
District, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nampa and Meridian Conveyance Act''.
SEC. 2. CONVEYANCE OF FACILITIES.
The Secretary of the Interior (in this Act referred to as the
``Secretary'') shall, as soon as practicable after the date of
enactment of this Act, convey facilities to the Nampa and Meridian
Irrigation District (in this Act referred to as the ``District'') in
accordance with all applicable laws and pursuant to the terms of the
Memorandum of Agreement (contract No. 1425-99MA102500, dated 7 July
1999) between the Secretary and the District. The conveyance of
facilities shall include all right, title, and interest of the United
States in and to any portion of the canals, laterals, drains, and any
other portion 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.
SEC. 3. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of facilities under this Act, the United States shall not be
liable for damages of any kind arising out of any act, omission, or
occurrence based on its prior ownership or operation of the conveyed
property.
SEC. 4. EXISTING RIGHTS NOT AFFECTED.
Nothing in this Act affects the rights of any person except as
provided in this Act. No water rights shall be transferred, modified,
or otherwise affected by the conveyance of facilities and interests to
the Nampa and Meridian Irrigation District under this Act. Such
conveyance 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.
purpose of the bill
The purpose of the bill is to authorize the Secretary of
the Interior to convey certain facilities to Nampa and Meridian
Irrigation District.
background and need for legislation
The Nampa and Meridian Irrigation District is comprised of
approximately 64,000 irrigable acres in Canyon and Ada
Counties, located in Southwest Idaho, and includes the cities
of Nampa, Boise and Meridian. Its water source is the Boise
River.
There are several hundred miles of canals, laterals and
drains in the District's jurisdiction which are used for water
distribution and drainage. According to the District, the
facilities that are being considered for title transfer from
the United States to the District involves approximately 5
percent of the system, according to the most recent analysis.
The majority of the 5 percent claimed by the Bureau of
Reclamation (BOR) is claimed under the 1890 Canal Act, with the
balance as fee title or an easement. The BOR makes no claim of
interest to the remaining 95 percent of the facilities.
The legislation transfers certain of these facilities to
the Nampa-Meridian Irrigation District. The Committee intends
that the local public should have the opportunity to comment
and provide input on the process of transfer, including
recreational access. The Nampa-Meridian Irrigation District has
indicated that it will continue to work these issues out with
the city and county governments, as well as private property
owners.
No water rights will be transferred, modified, or otherwise
affected by the transfer to the Nampa and Meridian Irrigation
District. Also, the transfer will not affect 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.
committee action
H.R. 3067 was introduced on October 13, 1999, by
Congresswoman Helen Chenoweth-Hage (R-ID). H.R. 3067 was
referred to the Committee on Resources and within the Committee
to the Subcommittee on Water and Power. On October 21, 1999,
the Subcommittee held a hearing on the bill. On September 13,
2000, the Resources Committee met to consider the bill. The
Subcommittee on Water and Power was discharged from further
consideration of the measure by unanimous consent.
Congresswoman Chenoweth-Hage offered an amendment in the nature
of a substitute. The amendment passed by voice vote. H.R. 3067,
as amended, was then ordered favorably reported by voice vote
to the House of Representatives.
section-by-section analysis
Section 1. Short title
This act may be cited as the ``Nampa and Meridian
Conveyance Act''.
Section 2. Conveyance of facilities
This section requires the Secretary of the Interior to
transfer the facilities in accordance with all applicable laws
and pursuant to the terms of the Memorandum of Agreement
(Contract Number 1425 99MA102500, dated 7 July 1999) as soon as
practicable after the date of enactment.
Section 3. Liability
This section outlines the liability assumed by the Nampa-
Meridian Irrigation District.
Section 4. Existing rights not affected
This section clarifies that the bill does not affect the
contractual rights of any irrigation district's right to use
water developed in the facilities transferred.
committee oversight findings and recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
constitutional authority statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
compliance with house rule xiii
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 19, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3067, the Nampa
and Meridian Conveyance Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Applebaum.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3067--Nampa and Meridian Conveyance Act
H.R. 3067 would authorize the Secretary of the Interior to
convey the water distribution and drainage system within the
Nampa and Meridian Irrigation District in Idaho to the
district. Based on information from the Bureau of Reclamation,
CBO estimates that this bill would not have a significant
effect on the federal budget. The district paid the last of its
repayment obligations to the government in 1987, and the
district pays the full cost of operating and maintaining these
systems. Because H.R. 3067 would not affect direct spending or
receipts, pay-as-you-go procedures would not apply.
H.R. 3067 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of state,
local, or tribal governments.
The CBO staff contact is Rachel Applebaum. This estimate
was approved by Peter H. Fontaine, Deputy Assistant Director
for Budget Analysis.
compliance with public law 104-4
This bill contains no unfunded mandates.
preemption of state, local or tribal law
This bill is not intended to preempt any State, local or
tribal law.
changes in existing law
If enacted, this bill would make no changes in existing
law.