Pilot Butte Power Plant Conveyance Act
Floor Speech
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Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3415) 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.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 3415
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pilot Butte Power Plant Conveyance Act''. SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement entered into under section 3(a).
(2) District.--The term ``District'' means the Midvale Irrigation District located in Pavillion, Wyoming.
(3) Power plant.--The term ``Power Plant'' means the Pilot Butte Power Plant and other appurtenant facilities in the State of Wyoming authorized under the Act of March 2, 1917 (39 Stat. 969, chapter 146), transferred to the jurisdiction of the Bureau of Reclamation under the Act of June 5, 1920 (41 Stat. 874, chapter 235), and incorporated into the Riverton Unit of the Pick-Sloan Missouri Basin Program under Public Law 91-409 (84 Stat. 861), including the underlying land.
(4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. SEC. 3. AGREEMENT, CONVEYANCE, AND REPORT.
(a) Agreement.--Not later than 2 years after the date of enactment of this Act, the Secretary shall enter into good faith negotiations with the District to enter into an agreement to determine the legal, institutional, and financial terms for the conveyance of the Power Plant from the Secretary to the District.
(b) Conveyance.--
(1) In general.--In consideration for the District assuming from the United States all liability for the administration, operation, maintenance, and replacement of the Power Plant, the Secretary shall offer to convey and assign to the District all right, title, and interest of the United States in and to the Power Plant--
(A) subject to valid leases, permits, rights-of-way, easements, and other existing rights; and
(B) in accordance with--
(i) the terms and conditions described in the Agreement; and
(ii) this Act.
(2) Status of land.--Effective on the date of the conveyance of the Power Plant to the District under paragraph (1), the Power Plant shall not be considered to be a part of a Federal reclamation project.
(c) Report.--If the conveyance authorized under subsection (b)(1) is not completed by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes--
(1) the status of the conveyance under that subsection;
(2) any obstacles to completing the conveyance under that subsection; and
(3) an anticipated date for the completion of the conveyance under that subsection. SEC. 4. LIABILITY.
(a) Damages.--Except as otherwise provided by law and for damages caused by acts of negligence committed by the United States or by employees or agents of the United States, effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the Power Plant.
(b) Torts Claims.--Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''). SEC. 5. COMPLIANCE WITH OTHER LAWS.
(a) Compliance With Environmental and Historic Preservation Laws.--Before making the conveyance authorized under section 3(b)(1), the Secretary shall complete all actions required under--
(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(3) subtitle III of title 54, United States Code; and
(4) any other applicable laws.
(b) Compliance by the District.--Effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) with respect to the operation of the Power Plant. SEC. 6. PAYMENT OF COSTS.
(a) Administrative Costs.--Administrative costs for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District.
(b) Real Estate Transfer Costs.--The costs of all boundary surveys, title searches, cadastral surveys, appraisals, and other real estate transactions required for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District.
(c) Costs of Compliance With Other Laws.--The costs associated with any review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), subtitle III of title 54, United States Code, or any other applicable laws for conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District.
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Mr. WESTERMAN. 3415, the bill now under consideration.
Mr. Speaker, I rise in support of H.R. 3415 sponsored by Congresswoman Hageman of Wyoming. This legislation would direct the Bureau of Reclamation to enter negotiations with the Midvale Irrigation District to transfer the Pilot Butte Power Plant to the district.
Under current law, the Bureau of Reclamation holds title to the power plant and related facilities, and ownership of the power plant cannot be transferred unless authorized by Congress.
This plant has not produced electricity since 2008, when the Bureau of Reclamation determined that increasing operation and maintenance costs made electricity generation at the plant economically infeasible.
The district has expressed interest in taking ownership and rehabilitating and operating the power plant and related facilities to provide power to the district's water users.
This legislation is the first step in achieving that goal. It would allow the Midvale Irrigation District to harness additional hydroelectric power resources, a carbon-free, reliable source of energy.
At a time when good stewardship of taxpayer resources and access to reliable energy are at the forefront of so many debates in Washington, I am proud that our committee advanced legislation that accomplishes both objectives.
Mr. Speaker, I thank Congresswoman Hageman for her leadership.
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Mr. WESTERMAN. Hageman), the bill's sponsor.
Mr. Speaker, the principle of cooperative federalism means that decisions are made at the appropriate level of government, at the Federal, State, and local levels.
H.R. 3415 embodies this principle by transferring control of the Pilot Butte Power Plant to the Midvale Irrigation District, putting local project beneficiaries in charge of resource management, harnessing additional hydroelectric power resources, and ultimately, lowering cost.
I once again thank Congresswoman Hageman for her leadership. I urge my colleagues to support this bill, and I yield back the balance of my time.
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