[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 739 Reported in Senate (RS)]
<DOC>
Calendar No. 579
118th CONGRESS
2d Session
S. 739
To clarify jurisdiction with respect to certain Bureau of Reclamation
pumped storage development, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 9, 2023
Mr. Kelly (for himself and Ms. Sinema) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
November 21, 2024
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. LAND WITHDRAWAL AND RESERVATION.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Agreement.--The term ``Agreement'' means the
agreement between the United States and the Association dated
September 6, 1917.</DELETED>
<DELETED> (2) Association.--The term ``Association'' means
the Salt River Valley Water Users' Association.</DELETED>
<DELETED> (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 Reclamation purposes extending an
additional 2 miles from the Salt River at Roosevelt Dam to
18.25 river miles downstream, not including the Superstition
Mountain Wilderness Area and the Tonto National Monument, as
depicted on the Map.</DELETED>
<DELETED> (4) District.--The term ``District'' means the
Salt River Project Agricultural Improvement and Power
District.</DELETED>
<DELETED> (5) Map.--The term ``Map'' means the map prepared
under subsection (e)(1).</DELETED>
<DELETED> (6) SRP.--The term ``SRP'' means--</DELETED>
<DELETED> (A) the District; and</DELETED>
<DELETED> (B) the Association.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Withdrawal of Covered Land.--The covered land is
permanently withdrawn from--</DELETED>
<DELETED> (1) all forms of entry, appropriation, and
disposal under the public land laws;</DELETED>
<DELETED> (2) location, entry, and patent under the mining
laws; and</DELETED>
<DELETED> (3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.</DELETED>
<DELETED> (d) Title to Facilities.--With respect to facilities
constructed by SRP on the covered land for the development, generation,
and transmission of electrical power and energy--</DELETED>
<DELETED> (1) title shall be held by the United States as
part of the Salt River Federal Reclamation Project pursuant
to--</DELETED>
<DELETED> (A) section 6 of the Act of June 17, 1902
(32 Stat. 389, chapter 1093; 43 U.S.C. 498);
and</DELETED>
<DELETED> (B) the Agreement; and</DELETED>
<DELETED> (2) SRP shall be responsible for the care,
operation, and maintenance pursuant to the Agreement.</DELETED>
<DELETED> (e) Map.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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 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) on a determination of substantial completion of the
applicable 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.--The covered land shall be managed
in accordance with the memorandum entitled ``Management Memorandum
among the Salt River Project Agricultural Improvement and Power
District, United States Department of Agriculture Forest Service and
United States Bureau of Reclamation'' and dated April 27, 1979, as
amended.
Calendar No. 579
118th CONGRESS
2d Session
S. 739
_______________________________________________________________________
A BILL
To clarify jurisdiction with respect to certain Bureau of Reclamation
pumped storage development, and for other purposes.
_______________________________________________________________________
November 21, 2024
Reported with an amendment