II
Calendar No. 525
111th CONGRESS
2d Session
S. 1080
[Report No. 111–255]
IN THE SENATE OF THE UNITED STATES
May 19, 2009
Mr. McCain (for himself and Mr. Kyl) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
August 5, 2010
Reported by Mr. Bingaman, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To clarify the jurisdiction of the Secretary of the Interior with respect to the C.C. Cragin Dam and Reservoir, and for other purposes.
Land withdrawal and reservation for Cragin Dam
Definitions
In this section:
Covered land
The term covered land means the parcel of land consisting of approximately 512 acres that—
is located in the Counties of Coconino and Gila, Arizona; and
is comprised of—
approximately 300 feet of the crest of the Cragin Dam and associated spillway;
the reservoir pool of the Cragin Dam that consists of approximately 250 acres; and
the linear corridor and project facilities that—
consist of approximately 262 acres; and
are used for—
access to the Cragin Dam; and
the placement of tunnels, pipelines, penstocks, and electric transmission lines with respect to the Cragin Dam.
Cragin Dam
The term Cragin Dam means the C.C. Cragin Dam and Reservoir (including each water and power facility associated with the C.C. Cragin Dam and Reservoir).
Department
The term Department means the Department of the Interior.
District
The term District means the Salt River Project Agricultural Improvement and Power District.
Linear corridor
The term linear corridor means a corridor—
the width of which is approximately 200 feet;
the length of which is approximately 11.5 miles;
of which approximately 0.7 miles consists of an underground tunnel;
a portion of which is located in—
sec. 31, sec. 32, sec. 33, and sec. 34, T. 14 N., R. 11 E.;
sec. 36, T. 14 N., R. 10 E.;
sec. 4, sec. 5, sec. 6, sec. 7, and sec. 8, T. 13 N., R. 11 E.;
sec. 12, sec. 13, sec. 24, sec. 25, sec. 35, and sec. 36, T. 13 N., R. 10 E.; and
sec. 1, sec. 11, sec. 12, sec. 14, and sec. 23, T. 12 N., R. 10 E., of the Gila and Salt River Meridians; and
as generally depicted on the Map.
Map
The
term Map means the map entitled C.C. Cragin Dam and
Reservoir Land
and dated June 17, 2008.
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Withdrawal of covered land
Subject to valid existing rights, with respect to reclamation, the covered land is permanently withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Jurisdiction of Secretary of the Interior
The Secretary of the Interior shall have exclusive jurisdiction—
with respect to the covered land withdrawn by subsection (b); and
to manage each reclamation project carried out on the covered land in accordance with section 213(i) of the Arizona Water Settlements Act (Public Law 108–451; 118 Stat. 3532).
Responsibility of Secretary of the Interior and District
In accordance with paragraphs (4)(B) and (5) of section 213(i) of the Arizona Water Settlements Act (Public Law 108–451; 118 Stat. 3533), the Secretary of the Interior and the District shall ensure the compliance of each activity carried out at the Cragin Dam with each applicable Federal law (including regulations).
Map
In general
As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall file a copy of the Map with—
each appropriate committee of Congress;
the Secretary;
the Governor of the State of Arizona; and
the Archivist of the United States.
Force and effect
Each copy of the Map filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the Map.
Management activities on covered land
In general
In accordance with paragraphs (2) and (3), the Secretary of the Interior, in consultation with the District, may enter into a contract with the Secretary to carry out management activities on the covered land.
Requirement
In carrying out a management activity under paragraph (1), the Secretary shall ensure that the activity does not conflict with, or adversely affect, the operation, maintenance, or repair of the Cragin Dam, as determined by the Secretary of the Interior.
Authorized management activities
Authorized management activities described in paragraph (1) include any activity agreed to between the Secretary and the Secretary of the Interior, including, with respect to the Cragin Dam—
the management of—
recreation;
wildland fire activities;
public conduct and law enforcement;
cultural resources; and
other resources; and
any other appropriate management activity.
Access to Forest Service roads
In general
To carry out the operation, maintenance, and repair of the Cragin Dam, the Secretary—
shall authorize employees of the Department and the District to use certain roads under the jurisdiction of the Forest Service, as determined by the Secretary in coordination with the Secretary of the Interior and the District; and
may not require any individual described in subparagraph (A) to apply for, or possess, a permit, license, or other similar document as a condition for authorization to use any road described in that subparagraph.
Compliance with Federal laws
In carrying out an activity described in paragraph (1) through the use of roads authorized under that paragraph, the Department and the District shall comply with each applicable Federal law (including regulations).
Land withdrawal and reservation for Cragin Project
Definitions
In this section:
Covered land
The term covered land means the parcel of land consisting of approximately 512 acres, as generally depicted on the Map, that consists of—
approximately 300 feet of the crest of the Cragin Dam and associated spillway;
the reservoir pool of the Cragin Dam that consists of approximately 250 acres defined by the high water mark; and
the linear corridor.
Cragin project
The term Cragin Project means—
the Cragin Dam and associated spillway;
the reservoir pool of the Cragin Dam; and
any pipelines, linear improvements, buildings, hydroelectric generating facilities, priming tanks, transmission, telephone, and fiber optic lines, pumps, machinery, tools, appliances, and other District or Bureau of Reclamation structures and facilities used for the Cragin Project.
District
The term District means the Salt River Project Agricultural Improvement and Power District.
Land management activity
The term land management activity
includes, with respect to the covered land, the management of—
recreation;
grazing;
wildland fire;
public conduct;
commercial activities that are not part of the Cragin Project;
cultural resources;
invasive species;
timber and hazardous fuels;
travel;
law enforcement; and
roads and trails.
Linear corridor
The term linear corridor means a corridor of land comprising approximately 262 acres—
the width of which is approximately 200 feet;
the length of which is approximately 11.5 miles;
of which approximately 0.7 miles consists of an underground tunnel; and
that is generally depicted on the Map.
Map
The
term Map means sheets 1 and 2 of the maps entitled C.C.
Cragin Project Withdrawal
and dated June 17, 2008.
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Withdrawal of covered land
Subject to valid existing rights, the covered land is permanently withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Map
In general
As soon as practicable after the date of enactment of this Act, the Secretary of the Interior, in coordination with the Secretary, shall prepare a map and legal description of the covered land.
Force and effect
The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors.
Availability
The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Reclamation.
Jurisdiction and duties
Jurisdiction of the Secretary of the Interior
In general
Except as provided in subsection (e), the Secretary of the Interior, acting through the Commissioner of Reclamation, shall have exclusive administrative jurisdiction to manage the Cragin Project in accordance with this Act and section 213(i) of the Arizona Water Settlements Act (Public Law 108–451; 118 Stat. 3533) on the covered land.
Inclusion
Notwithstanding subsection (e), the jurisdiction under subparagraph (A) shall include access to the Cragin Project by the District.
Responsibility of Secretary of the Interior and district
In accordance with paragraphs (4)(B) and (5) of section 213(i) of the Arizona Water Settlements Act (Public Law 108–451; 118 Stat. 3533), the Secretary of the Interior and the District shall—
ensure the compliance of each activity carried out at the Cragin Project with each applicable Federal environmental law (including regulations); and
coordinate with appropriate Federal agencies in ensuring the compliance under subparagraph (A).
Land management activities on covered land
In general
The Secretary shall have administrative jurisdiction over land management activities on the covered land and other appropriate management activities pursuant to an agreement under paragraph (2) that do not conflict with, or adversely affect, the operation, maintenance, or replacement (including repair) of the Cragin Project, as determined by the Secretary of the Interior.
Interagency agreement
The Secretary and the Secretary of the Interior, in coordination with the District, may enter into an agreement under which the Secretary may—
undertake any other appropriate management activity in accordance with applicable law that will improve the management and safety of the covered land and other land managed by the Secretary if the activity does not conflict with, or adversely affect, the operation, maintenance, or replacement (including repair) of the Cragin Project, as determined by the Secretary of the Interior; and
carry out any emergency activities, such as fire suppression, on the covered land.
August 5, 2010
Reported with an amendment
