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<br />. <br /> <br />. <br /> <br />. <br /> <br />,. <br /> <br />~ <br />May 1I.!2, 1998 Board Meeting <br />Agenda Item 26k <br />Page 2 of2 <br /> <br />River Irrigation District (District) for the sum of $492,000. The remaining undivided <br />1 \6th right and interest would be retained under the jurisdiction of the Bureau ofIndian <br />Affairs with the Secretary ofInterior authorized to convey the undivided 1 \6th interest to <br />the Tribe at the Tribe's option. The District would pay all costs associated with the title <br />transfer. Interior would credit 50% of all costs incurred to fulfill the requirements of <br />NEPA and other Federal laws toward the sale price with the condition that such credit <br />can not exceed the sale price. <br /> <br />Lands associated with the Pine River Project will be consolidated and transferred <br />as follows: <br />I. Withdrawn Forest Service lands (approximately 260 acres) lying below the <br />7,765 reservoir water surface elevation shall be transferred with undivided 5\6 <br />interest to Reclamation and an undivided 1\6 interest to the Bureau ofIndian <br />Affairs in trust for the Tribe. <br />2. Project acquired lands above the 7,765 reservoir water surface elevation <br />(approximately 230 acres) shall be transferred by Reclamation and the Bureau <br />ofIndian Affairs to the Forest Service. <br />3. Reclamation lands will subsequently be transferred to the District. <br /> <br />Effective on the date of conveyance of an undivided 5\6 right and interest in Pine <br />River Project to the District, the U.S. will no longer be liabable for any damages, except <br />for damages caused by acts of negligence committed by the U.S. The Bill goes on to list <br />several events (NEPA, Flood Control Plan, Project Management Plan, etc,) that must be <br />completed before the transfer can occur. <br /> <br />Staff has discussed this Bill with the Division Engineer, Reclamation, the Pine <br />River Irrigation District and representatives of the Tribe. There is general support for <br />passage of the Bill. The only opposition to the Bill noted during these conversations <br />appears to from property owners adjacent to Vallecito Reservoir who are concerned that <br />the change could adverse affect their access or use of the reservoir. This concern would <br />appear to be alleviated by Project Management Plan required in Section 6(a)(6) of the <br />proposed Bill. <br /> <br />Recommendation <br /> <br />Based on the content of the Bill and discussions with some of those that might be <br />affected, staff recommends that the Board support the proposed Bill in concept and <br />authorize the Director to send a letter indicating its support for the Bill to Rep. Scott <br />McInnis, the u.S. Bureau of Reclamation, the Pine River Irrigation District, the Southern <br />Ute Tribe, U.S. Forest Service, Bureau ofIndian Affairs and other interested parties as <br />appropriate. <br /> <br />Attachments <br />