Overview
Title
An Act 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.
ELI5 AI
H.R. 3415 is a plan for the government to give a power plant in Wyoming to a local group called the Midvale Irrigation District, who will then be in charge of taking care of it. Before they can do this, both groups need to make sure the environment and history around the plant are protected, and they have to share the costs to make it happen.
Summary AI
H.R. 3415, known as the "Pilot Butte Power Plant Conveyance Act," instructs the Secretary of the Interior to transfer ownership of the Pilot Butte Power Plant in Wyoming from the United States to the Midvale Irrigation District. This bill requires the Secretary to negotiate terms for the transfer and ensures the District takes over liability and maintenance responsibilities for the power plant. Additionally, the bill mandates compliance with environmental and historic preservation laws before the transfer, with costs split between the federal government and the District. If the transfer is not completed within one year, the Secretary must report the status and any obstacles to Congress.
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AnalysisAI
General Summary of the Bill
The proposed legislation, titled the "Pilot Butte Power Plant Conveyance Act," seeks to transfer ownership of the Pilot Butte Power Plant in Wyoming from the United States government to the Midvale Irrigation District. The bill mandates the Secretary of the Interior to negotiate terms for this conveyance within two years and outlines the responsibilities of the District concerning the administration and maintenance of the Power Plant once transferred. Compliance with various environmental and historical laws is required before the transfer is finalized. The bill also specifies shared financial responsibilities between the government and the District for costs incurred during this process.
Summary of Significant Issues
Several issues emerge from the bill that may complicate its enactment and implementation:
Complex Definitions: The bill's definitions section uses numerous legal and historical references without explanation, potentially hindering the public's understanding of the bill's details and objectives.
Timeline Ambiguities: There appears to be confusion regarding the timelines for negotiations and reporting. While the negotiations are allowed two years, the reporting requirement is set at one year, which could lead to misunderstandings or procedural delays.
Financial Implications: The bill lacks clarity on the financial responsibilities related to the conveyance, particularly concerning valuation, liabilities, and maintenance, posing risks of unforeseeable financial burdens on the involved parties.
Liability Limitations: Post-conveyance, the United States holds a limited liability stance, which may inadequately address potential damages or negligence issues related to the Power Plant.
Compliance and Oversight Gaps: There is an absence of specific timelines or accountability measures regarding compliance with environmental and historical preservation laws, crucial for protecting public and cultural resources.
Cost-sharing Provisions: The bill mandates an equal division of costs associated with the conveyance, potentially disregarding the varying financial capacities and responsibilities of the federal government and the District, which may lead to financial disputes or challenges.
Public Impact
The proposed conveyance could impact the public significantly. By transferring ownership to a local entity, the bill could promote more localized management and potentially enhance efficiency in the Power Plant's operations. However, without clarity on compliance and oversight, issues may arise that could affect the environment and resources dependent on the power plant's operation.
Impact on Specific Stakeholders
For the Midvale Irrigation District, acquiring the Power Plant could bring opportunities to manage resources more efficiently and cater to local needs better. However, they might face financial risks due to unclear cost implications and liability assumptions. Furthermore, compliance with federal, state, and local laws might impose additional administrative responsibilities on the District.
For the U.S. government, the denial of liability except for negligence may limit future financial obligations concerning the Power Plant. However, the government must ensure that the transfer does not compromise public or environmental safety standards.
In essence, while the bill strives for efficient resource management by local authorities, the lack of precision regarding timelines, financial obligations, liability, and compliance measures raises significant concerns that need addressing for a smoother and responsible conveyance process.
Issues
The definition of terms in Section 2, specifically 'Power Plant', incorporates numerous legal references which could complicate understanding for those not familiar with legislative history. This could impede public comprehension of the bill's objectives and implications.
The timeline for the conveyance process in Section 3 is unclear, as a report is required within one year, but negotiations are afforded two years, potentially leading to confusion and delays.
The financial implications for the parties involved in the Power Plant conveyance outlined in Section 3 are not clearly detailed, such as costs related to liabilities and maintenance, which could lead to unforeseen financial burdens.
Section 4 contains broad language regarding liability, specifically that the United States will not be held liable for most damages related to the Power Plant post-conveyance, which might limit accountability for damages or neglect.
Section 5 lacks specific timelines or oversight measures for compliance with environmental and preservation laws, potentially leading to delays or insufficient enforcement of these critical regulations.
The cost-sharing provision in Section 6 for expenses related to the conveyance is inflexible, as it requires equal cost sharing without consideration for the differing financial capabilities or responsibilities of the parties, which could lead to funding issues or disputes.
The definition of 'Agreement' in Section 2 lacks context as the section where it is referenced (Section 3(a)) is not provided, which complicates understanding its impacts and potential concerns.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states that it may be referred to as the “Pilot Butte Power Plant Conveyance Act.”
2. Definitions Read Opens in new tab
Summary AI
This section provides definitions for key terms used in the Act. These include "Agreement" for a specific agreement mentioned, "District" for the Midvale Irrigation District in Wyoming, "Power Plant" for the Pilot Butte Power Plant in Wyoming, and "Secretary" for the Secretary of the Interior.
3. Agreement, conveyance, and report Read Opens in new tab
Summary AI
The section outlines a plan where the Secretary must negotiate with the District to transfer ownership of a Power Plant within two years. The District will take on responsibilities and liabilities for the Power Plant, and if the transfer isn't completed within a year, the Secretary must report the status and any delays to Congress.
4. Liability Read Opens in new tab
Summary AI
The section explains that once the Power Plant is transferred to the District, the United States is not responsible for any damages linked to the Power Plant except for negligence caused by the U.S. or its employees. Additionally, it clarifies that the liability of the United States does not expand beyond what is already covered under the “Federal Tort Claims Act.”
5. Compliance with other laws Read Opens in new tab
Summary AI
The section outlines that before transferring ownership as mentioned in another part of the bill, the Secretary must ensure all necessary environmental and historical laws are followed. It also states that once the Power Plant is transferred to the District, they need to follow all federal, state, and local laws for its operation.
6. Payment of costs Read Opens in new tab
Summary AI
The section explains that the costs for transferring the Power Plant to the District, including administrative expenses, real estate transfer fees, and costs for complying with various laws, will be equally shared between the Secretary and the District.