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S. 1080 (111th): 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.


The text of the bill below is as of May 19, 2009 (Introduced).


II

111th CONGRESS

1st Session

S. 1080

IN THE SENATE OF THE UNITED STATES

May 19, 2009

(for himself and Mr. Kyl) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

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.

1.

Land withdrawal and reservation for Cragin Dam

(a)

Definitions

In this section:

(1)

Covered land

The term covered land means the parcel of land consisting of approximately 512 acres that—

(A)

is located in the Counties of Coconino and Gila, Arizona; and

(B)

is comprised of—

(i)

approximately 300 feet of the crest of the Cragin Dam and associated spillway;

(ii)

the reservoir pool of the Cragin Dam that consists of approximately 250 acres; and

(iii)

the linear corridor and project facilities that—

(I)

consist of approximately 262 acres; and

(II)

are used for—

(aa)

access to the Cragin Dam; and

(bb)

the placement of tunnels, pipelines, penstocks, and electric transmission lines with respect to the Cragin Dam.

(2)

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).

(3)

Department

The term Department means the Department of the Interior.

(4)

District

The term District means the Salt River Project Agricultural Improvement and Power District.

(5)

Linear corridor

The term linear corridor means a corridor—

(A)

the width of which is approximately 200 feet;

(B)

the length of which is approximately 11.5 miles;

(C)

of which approximately 0.7 miles consists of an underground tunnel;

(D)

a portion of which is located in—

(i)

sec. 31, sec. 32, sec. 33, and sec. 34, T. 14 N., R. 11 E.;

(ii)

sec. 36, T. 14 N., R. 10 E.;

(iii)

sec. 4, sec. 5, sec. 6, sec. 7, and sec. 8, T. 13 N., R. 11 E.;

(iv)

sec. 12, sec. 13, sec. 24, sec. 25, sec. 35, and sec. 36, T. 13 N., R. 10 E.; and

(v)

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

(E)

as generally depicted on the Map.

(6)

Map

The term Map means the map entitled C.C. Cragin Dam and Reservoir Land and dated June 17, 2008.

(7)

Secretary

The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(b)

Withdrawal of covered land

Subject to valid existing rights, with respect to reclamation, the covered land is permanently withdrawn from all forms of—

(1)

entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(c)

Jurisdiction of Secretary of the Interior

The Secretary of the Interior shall have exclusive jurisdiction—

(1)

with respect to the covered land withdrawn by subsection (b); and

(2)

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).

(d)

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).

(e)

Map

(1)

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—

(A)

each appropriate committee of Congress;

(B)

the Secretary;

(C)

the Governor of the State of Arizona; and

(D)

the Archivist of the United States.

(2)

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.

(f)

Management activities on covered land

(1)

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.

(2)

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.

(3)

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—

(A)

the management of—

(i)

recreation;

(ii)

wildland fire activities;

(iii)

public conduct and law enforcement;

(iv)

cultural resources; and

(v)

other resources; and

(B)

any other appropriate management activity.

(g)

Access to Forest Service roads

(1)

In general

To carry out the operation, maintenance, and repair of the Cragin Dam, the Secretary—

(A)

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

(B)

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.

(2)

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).