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Senate Bill 325
116th Congress(2019-2020)
Garrison Diversion Unit Project Oakes Test Area Conveyance Act of 2019
Introduced
Introduced
Introduced in Senate on Feb 4, 2019
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Introduced in Senate 
Feb 4, 2019
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Introduced in Senate(Feb 4, 2019)
Feb 4, 2019
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S. 325 (Introduced-in-Senate)


116th CONGRESS
1st Session
S. 325


To require the Secretary of the Interior to convey the Garrison Diversion Unit Project Oakes Test Area in Dickey County, North Dakota, to the Dickey-Sargent Irrigation District, and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 4, 2019

Mr. Hoeven (for himself and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To require the Secretary of the Interior to convey the Garrison Diversion Unit Project Oakes Test Area in Dickey County, North Dakota, to the Dickey-Sargent Irrigation District, and for other purposes.

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 “Garrison Diversion Unit Project Oakes Test Area Conveyance Act of 2019”.

SEC. 2. Conveyance of the Oakes Test Area of the Garrison Diversion Unit Project, North Dakota.

(a) Definitions.—In this section:

(1) AGREEMENT.—The term “Agreement” means a title transfer agreement between the United States and the District—

(A) to determine the legal, operational, institutional, and financial terms related to the conveyance of the Oakes Test Area as required under subsection (b); and

(B) to be entered into pursuant to the memorandum of agreement entitled “Memorandum of Agreement Between United States of America Department of the Interior Bureau of Reclamation and Dickey-Sargent Irrigation District for the Purpose of Defining Roles and Responsibilities for Actions Required to Prepare for Title Transfer of Certain Facilities, Land, and Appurtenances at the Garrison Diversion Unit Project Oakes Test Area”, dated December 18, 2018, and numbered 19AG620033.

(2) DISTRICT.—The term “District” means the Dickey-Sargent Irrigation District.

(3) OAKES TEST AREA.—The term “Oakes Test Area” means the facilities, land, and appurtenances of the approximately 5,000-acre prototype irrigation test area authorized as part of the Garrison Diversion Unit Project in the James River Basin, as described in the Agreement.

(4) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(b) Conveyance to District.—As soon as practicable after the date of enactment of this Act, the Secretary shall convey to the District all right, title, and interest of the United States in and to the Oakes Test Area, consistent with the terms and conditions of the Agreement.

(c) Liability.—

(1) IN GENERAL.—Effective on the date of conveyance to the District of the Oakes Test Area under this section, 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 Oakes Test Area, except for damages caused by acts of negligence committed by the United States or by an employee or agent of the United States prior to the date of conveyance.

(2) APPLICABLE LAW.—Nothing in this section increases the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”), on the date of enactment of this Act.

(d) Benefits.—After the conveyance of the Oakes Test Area to the District under this section—

(1) the Oakes Test Area shall not be considered to be a part of a Federal reclamation project; and

(2) the District shall not be eligible to receive any benefits with respect to any facility comprising that Oakes Test Area, other than benefits that would be available to a similarly situated person with respect to a facility that is not part of a Federal reclamation project.

(e) Communication.—If the Secretary has not completed the conveyance required under subsection (b) by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a letter with sufficient detail that—

(1) explains the reasons the conveyance has not been completed; and

(2) specifies the date by which the conveyance will be completed.