Overview

Title

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

The bill wants the government to give a special power plant in Wyoming to a local group, and both sides have to agree on how to do it. After that, the group will take care of the power plant, and both will share some costs.

Summary AI

S. 1662, titled the "Pilot Butte Power Plant Conveyance Act", directs the Secretary of the Interior to transfer the Pilot Butte Power Plant in Wyoming to the Midvale Irrigation District. The bill requires the Secretary to negotiate an agreement with the district to determine the legal and financial terms of the transfer. Once transferred, the district will take on all responsibilities for operating and maintaining the power plant and must comply with relevant laws. Additionally, administrative and real estate transfer costs will be shared between the Secretary and the district.

Published

2024-04-09
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-04-09
Package ID: BILLS-118s1662rs

Bill Statistics

Size

Sections:
10
Words:
1,918
Pages:
10
Sentences:
48

Language

Nouns: 610
Verbs: 98
Adjectives: 48
Adverbs: 7
Numbers: 117
Entities: 159

Complexity

Average Token Length:
4.06
Average Sentence Length:
39.96
Token Entropy:
4.83
Readability (ARI):
21.06

AnalysisAI

The proposed legislation, known as the "Pilot Butte Power Plant Conveyance Act," aims to facilitate the transfer of the Pilot Butte Power Plant in Wyoming from federal control to local control under the Midvale Irrigation District. Sponsored by Senator Barrasso and Ms. Lummis, the bill outlines the framework for the conveyance, ensuring that the local district assumes full responsibility for the plant's administration and operations. It also defines key terms, addresses legal compliance and liabilities, and prescribes cost-sharing arrangements between the federal government and the district.

General Summary

The bill is structured to enable a local irrigation district to manage the Pilot Butte Power Plant. It stipulates that the federal government will negotiate the terms of the conveyance with the district within two years from the bill's enactment. Should the transfer not occur within a year, a report detailing the status and delays must be submitted to Congress. The core objective of this act is to localize the management of the power resource while providing a framework for the roles, responsibilities, and financial implications involved.

Summary of Significant Issues

Several key issues arise from the content of the bill:

  1. Timeline Confusion: The bill sets a two-year deadline for negotiations and a one-year deadline for conveyance completion, potentially causing confusion about how these timelines interact.

  2. Complex and Broad Definitions: The definition of critical terms like "Power Plant" is laden with historical and statutory references, making comprehension difficult for those unfamiliar with legislative terminology.

  3. Ambiguous Liability Statements: While the bill absolves the federal government of certain liabilities post-transfer, this could limit accountability for unforeseen damages unless caused by negligence.

  4. Financial Implications: The cost-sharing provision lacks clarity, particularly the absence of a cap on shared expenses, which might lead to financial burdens or unchecked spending for the involved parties.

  5. Compliance and Legal Language: Some sections employ broad language regarding compliance with laws and negotiating terms, which could pose enforcement challenges and lead to varying interpretations.

Impact on the Public

Broadly, this bill could impact the public by shifting control of an energy resource to a more localized management system. This could lead to more efficient and tailored management of the power plant, potentially resulting in lower costs and improved service reliability for local stakeholders. On the other hand, the removal of federal oversight might raise concerns regarding accountability and regulatory compliance, especially if the district lacks the resources to manage such a facility effectively.

Impact on Specific Stakeholders

Midvale Irrigation District: As the primary stakeholder, the district could benefit from direct control over the power plant, providing them with potential revenue and resource allocation flexibility. However, this comes with the responsibility for operations, maintenance, and legal compliance, which could strain their existing capacities.

Federal Government: The divestiture reduces federal responsibilities and potential liabilities concerning the plant. However, it requires careful negotiation to ensure that the interests of the local community and national environmental standards are upheld.

Local Community: Residents in Pavillion, Wyoming, may see improved engagement and responsiveness in the management of their power supply, provided the district manages to balance operational demands with its resources. Conversely, there is a risk that inadequate management could result in service disruptions or increased costs.

In conclusion, the "Pilot Butte Power Plant Conveyance Act" presents an initiative to localize power management in Wyoming, carrying both potential benefits and risks. Effective implementation will depend on clear guidelines, accountable oversight, and constructive negotiations between the involved parties.

Issues

  • The timeline for the agreement and conveyance process in Section 3 is unclear, with a 2-year timeline for agreement negotiation and a 1-year timeline for conveyance completion, potentially leading to confusion about sequence and deadlines.

  • The section on liability in Section 4 uses broad language that might limit accountability for damages post-conveyance, except in cases of negligence by the United States, which could be significant for operational accountability.

  • The financial implications in Section 6 are not clearly outlined, such as the lack of a cap on shared costs between the Secretary and the District, which could lead to unchecked spending or financial strain.

  • The definition of 'Power Plant' in Section 2 is complex due to historical statutory references, making it difficult for readers to understand the geographical and operational scope, potentially causing misunderstandings.

  • The requirement for 'compliance with other laws' in Section 5 is broad and lacks specific timelines and criteria for compliance, which could lead to delays or non-compliance issues.

  • The use of legalistic language throughout the bill, especially in Sections 3 and 6, might make it difficult for laypersons to understand the terms, potentially hindering transparency and public scrutiny.

  • There is no clear definition of 'good faith negotiations' in Section 3, which could lead to differing interpretations and disputes during the negotiation process.

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.

1. Short title Read Opens in new tab

Summary AI

The section states that the official name of the Act is “Pilot Butte Power Plant Conveyance Act.”

2. Definitions Read Opens in new tab

Summary AI

In this section of the Act, specific terms are defined for clarity: Agreement refers to the contract made under section 3(a); District denotes the Midvale Irrigation District in Pavillion, Wyoming; Power Plant identifies the Pilot Butte Power Plant and related facilities in Wyoming, which are part of a larger federal project; and Secretary means the Secretary of the Interior, specifically through the Bureau of Reclamation's Commissioner.

3. Agreement, conveyance, and report Read Opens in new tab

Summary AI

The section explains that the Secretary must negotiate an agreement to transfer the Power Plant to the District within two years, following specific legal criteria. If the transfer isn't completed within a year, the Secretary must report to Congress on the status, obstacles, and expected completion date of the transfer.

4. Compliance with other laws Read Opens in new tab

Summary AI

The section requires that once the Power Plant is transferred to the District, the District must follow all relevant laws and regulations at the federal, state, and local levels concerning its operation.