[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1607 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
1st Session
H. R. 1607
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 7, 2023
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To clarify jurisdiction with respect to certain Bureau of Reclamation
pumped storage development, 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. LAND WITHDRAWAL AND RESERVATION.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the agreement
between the United States and the Association dated September
6, 1917, as amended.
(2) Association.--The term ``Association'' means the Salt
River Valley Water Users' Association.
(3) Covered land.--The term ``covered land'' means the
portion of the National Forest System land located on the south
side of the Salt River from the March 9, 1903, 1-mile
withdrawal area for the Bureau of Reclamation purposes
extending an additional 2 miles from the Salt River at
Roosevelt Dam to 18.25 river miles downstream, in the State of
Arizona, not including the Superstition Mountain Wilderness
Area and the Tonto National Monument, as depicted on the Map.
(4) District.--The term ``District'' means the Salt River
Project Agricultural Improvement and Power District.
(5) Map.--The term ``Map'' means the map prepared under
subsection (e)(1).
(6) SRP.--The term ``SRP'' means--
(A) the District; and
(B) the Association.
(b) Reservation of Covered Land.--Subject to valid existing rights,
the covered land is reserved to the United States, through the
Secretary of the Interior, for the exclusive right to use the covered
land and interests in the covered land for the development, generation,
and transmission of electrical power and energy for the use and benefit
of the Salt River Federal Reclamation Project pursuant to the
Agreement.
(c) Withdrawal of Covered Land.--The covered land is permanently
withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(d) Facilities.--With respect to facilities constructed by SRP on
the covered land for the development, generation, and transmission of
electrical power and energy--
(1) the design and specifications shall conform to Bureau
of Reclamation standards, and final designs shall be subject to
review and approval by the Secretary of the Interior;
(2) all construction work shall be subject to inspection
and approval by the Secretary of the Interior;
(3) upon a determination of substantial completion of such
facilities, the Secretary of the Interior shall accept title on
behalf of the United States as part of the Salt River Federal
Reclamation Project pursuant to--
(A) section 6 of the Act of June 17, 1902 (32 Stat.
389, chapter 1093; 43 U.S.C. 498); and
(B) the Agreement; and
(4) SRP shall be responsible for the care, operation, and
maintenance pursuant to the Agreement.
(e) Map.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture shall
prepare a map depicting the boundary of the covered land.
(2) Availability.--The Map shall be on file and available
for public inspection in the appropriate offices of the Forest
Service and the Bureau of Reclamation.
(f) Management of Covered Land.--Management of the covered lands
shall be in accordance with the Management Memorandum among the
District, United States Department of Agriculture, Forest Service, and
the Bureau of Reclamation, dated April 27, 1979, as amended.
(g) Relation to Other Law.--
(1) Compliance with environmental laws.--The Secretary of
the Interior is directed to carry out all necessary
environmental compliance under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321, et seq.), the Endangered
Species Act of 1973 (16 U.S.C. 1531, et seq.), and all other
applicable environmental laws and regulations, prior to
construction of facilities on the covered land for the
development, generation, and transmission of electrical power
and energy.
(2) Lead agency.--The Bureau of Reclamation shall be the
lead agency with respect to environmental compliance.
(3) Withdrawal not major federal action.--The withdrawal of
the covered land shall not constitute a major Federal action
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321, et seq.).
(4) Antideficiency.--The United States shall not be liable
for failure to carry out any obligation or activity authorized
to be carried out under this title (including any such
obligation or activity under the Agreement) if adequate
appropriations are not provided by Congress expressly to carry
out the purposes of this Act.
Passed the House of Representatives November 6, 2023.
Attest:
KEVIN F. MCCUMBER,
Clerk.