Public Law 108-85 108th Congress An Act To authorize the Secretary of the Interior to convey certain facilities to the Fremont- 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 "Fremont-Madison Conveyance Act". SEC. 2. DEFINITIONS. In this Act: (1) DISTRICT.-The term "District" means the FremontMadison Irrigation District, an irrigation district organized under the law of the State of Idaho. (2) SECRETARY.-The term "Secretary" means the Secretary of the Interior. SEC. 3. CONVEYANCE OF FACILITIES. (a) CONVEYANCE REQUIREMENT.-The Secretary of the Interior shall convey to the Fremont-Madison Irrigation District, Idaho, pursuant to the terms of the Memorandum of Agreement (MOA) between the District and the Secretary (Contract No. 1425-01MA-10-3310), all right, title, and interest of the United States in and to the canals, laterals, drains, and other components 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 as they exist upon the date of enactment of this Act, consistent with section 8. (b) REPORT.-If the Secretary has not completed any conveyance required under this Act by September 13, 2004, the Secretary shall, by no later than that date, submit a report to the Congress explaining the reasons that conveyance has not been completed and stating the date by which the conveyance will be completed. SEC. 4. COSTS. (a) IN GENERAL.-The Secretary shall require, as a condition of the conveyance under section 3, that the District pay the administrative costs of the conveyance and related activities, including the costs of any review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as described in Contract No. 1425-01-MA-10-3310. (b) VALUE OF FACILITIES TO BE TRANSFERRED.-In addition to subsection (a) the Secretary shall also require, as a condition of the conveyance under section 3, that the District pay to the Sept. 30, 2003 [S. 520] Fremont- Effective date. Deadline. Reports. United States the lesser of the net present value of the remaining obligations owed by the District to the United States with respect to the facilities conveyed, or $280,000. Amounts received by the United States under this subsection shall be deposited into the Reclamation Fund. SEC. 5. TETON EXCHANGE WELLS. (a) CONTRACTS AND PERMIT.-In conveying the Teton Exchange Wells pursuant to section 3, the Secretary shall also convey to the District (1) Idaho Department of Water Resources permit number 22-7022, including drilled wells under the permit, as described in Contract No. 1425-01-MA-10-3310; and (2) all equipment appurtenant to such wells. (b) EXTENSION OF WATER SERVICE CONTRACT.-The water service contract between the Secretary and the District (Contract No. 7-07-10-W0179, dated September 16, 1977) is hereby extended and shall continue in full force and effect until all conditions described in this Act are fulfilled. SEC. 6. ENVIRONMENTAL REVIEW. Prior to conveyance the Secretary shall complete all environmental reviews and analyses as set forth in the Memorandum of Agreement referenced in section 3(a). SEC. 7. LIABILITY. Effective on the date of the conveyance the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed facilities, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors prior to the date of conveyance. Nothing in this section may increase the liability of the United States beyond that currently provided in chapter 171 of title 28, United States Code. SEC. 8. WATER SUPPLY TO DISTRICT LANDS. The acreage within the District eligible to receive water from the Minidoka Project and the Teton Basin Projects is increased to reflect the number of acres within the District as of the date of enactment of this Act, including lands annexed into the District prior to enactment of this Act as contemplated by the Teton Basin Project. The increase in acreage does not alter deliveries authorized under the District's existing water storage contracts and as allowed by State water law. SEC. 9. DROUGHT MANAGEMENT PLANNING. Within 60 days of enactment of this Act, in collaboration with stakeholders in the Henry's Fork watershed, the Secretary shall initiate a drought management planning process to address all water uses, including irrigation and the wild trout fishery, in the Henry's Fork watershed. Within 18 months of enactment of this Act, the Secretary shall submit a report to Congress, which shall include a final drought management plan. SEC. 10. EFFECT. (a) IN GENERAL.-Except as provided in this Act, nothing in this Act affects (1) the rights of any person; or (2) any right in existence on the date of enactment of this Act of the Shoshone-Bannock Tribes of the Fort Hall Reservation to water based on a treaty, compact, executive order, agreement, the decision in Winters v. United States, 207 U.S. 564 (1908) (commonly known as the "Winters Doctrine"), or law. (b) CONVEYANCES.-Any conveyance under this Act 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. Approved September 30, 2003. LEGISLATIVE HISTORY-S. 520: SENATE REPORTS: No. 108-62 (Comm. on Energy and Natural Resources). June 16, considered and passed Senate. Sept. 16, considered and passed House. Sept. 30, 2003 [S. 678] Postmaster Equity Act of 2003. 39 USC 101 note. Applicability. Public Law 108-86 108th Congress An Act To amend chapter 10 of title 39, United States Code, to include postmasters and postmasters' organizations in the process for the development and planning of certain policies, schedules, and programs, 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 "Postmasters Equity Act of 2003". SEC. 2. POSTMASTERS AND POSTMASTERS' ORGANIZATIONS. (a) PERCENTAGE REPRESENTATION REQUIREMENT.-The second sentence of section 1004(b) of title 39, United States Code, is amended (1) by inserting "that an organization (other than an organization representing supervisors) represents at least 20 percent of postmasters," after "majority of supervisors,"; and (2) by striking "supervisors)" and inserting "supervisors or postmasters)". (b) CONSULTATION AND OTHER RIGHTS.-Section 1004 of title 39, United States Code, is amended (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: "(h)(1) In order to ensure that postmasters and postmasters' organizations are afforded the same rights under this section as are afforded to supervisors and the supervisors' organization, subsections (c) through (g) shall be applied with respect to postmasters and postmasters' organizations "(A) by substituting 'postmasters' organization' for 'supervisors' organization' each place it appears; and "(B) if 2 or more postmasters' organizations exist, by treating such organizations as if they constituted a single organization, in accordance with such arrangements as such organizations shall mutually agree to. "(2) If 2 or more postmasters' organizations exist, such organizations shall, in the case of any factfinding panel convened at the request of such organizations (in accordance with paragraph (1)(B)), be jointly and severally liable for the cost of such panel, apart from the portion to be borne by the Postal Service (as determined under subsection (f)(4)).”. (c) DEFINITIONS.-Subsection (i) of section 1004 of title 39, United States Code (as so redesignated by subsection (b)(1)) is amended (1) in paragraph (1), by striking “and” after the semicolon; (2) in paragraph (2), by striking the period and inserting a semicolon; and (3) by adding after paragraph (2) the following: "(3) postmaster' means an individual who is the manager in charge of the operations of a post office, with or without the assistance of subordinate managers or supervisors; "(4) postmasters' organization' means an organization recognized by the Postal Service under subsection (b) as representing at least 20 percent of postmasters; and "(5) members of the postmasters' organization' shall be considered to mean employees of the Postal Service who are recognized under an agreement "(A) between the Postal Service and the postmasters' organization as represented by the organization; or "(B) in the circumstance described in subsection (h)(1)(B), between the Postal Service and the postmasters' organizations (acting in concert) as represented by either or any of the postmasters' organizations involved.". (d) THRIFT ADVISORY COUNCIL NOT TO BE AFFECTED.-For purposes of section 8473(b)(4) of title 5, United States Code (1) each of the 2 or more organizations referred to in section 1004(h)(1)(B) of title 39, United States Code (as amended by subsection (b)) shall be treated as a separate organization; and (2) any determination of the number of individuals represented by each of those respective organizations shall be made in a manner consistent with the purposes of this subsection. SEC. 3. EFFECTIVE DATE. The amendments made by this section shall take effect 60 days after the date of the enactment of this Act. Approved September 30, 2003. 39 USC 1004 note. 39 USC 1004 note. LEGISLATIVE HISTORY-S. 678 (H.R. 2249): SENATE REPORTS: No. 108-112 (Comm. on Governmental Affairs). July 29, considered and passed Senate. |