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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 Aug 5, 2010 (Reported by Senate Committee). The bill was not enacted into law.


II

Calendar No. 525

111th CONGRESS

2d Session

S. 1080

[Report No. 111–255]

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

August 5, 2010

Reported by , 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.

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).

1.

Land withdrawal and reservation for Cragin Project

(a)

Definitions

In this section:

(1)

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—

(A)

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

(B)

the reservoir pool of the Cragin Dam that consists of approximately 250 acres defined by the high water mark; and

(C)

the linear corridor.

(2)

Cragin project

The term Cragin Project means—

(A)

the Cragin Dam and associated spillway;

(B)

the reservoir pool of the Cragin Dam; and

(C)

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.

(3)

District

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

(4)

Land management activity

The term land management activity includes, with respect to the covered land, the management of—

(A)

recreation;

(B)

grazing;

(C)

wildland fire;

(D)

public conduct;

(E)

commercial activities that are not part of the Cragin Project;

(F)

cultural resources;

(G)

invasive species;

(H)

timber and hazardous fuels;

(I)

travel;

(J)

law enforcement; and

(K)

roads and trails.

(5)

Linear corridor

The term linear corridor means a corridor of land comprising approximately 262 acres—

(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; and

(D)

that is generally depicted on the Map.

(6)

Map

The term Map means sheets 1 and 2 of the maps entitled C.C. Cragin Project Withdrawal 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, 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)

Map

(1)

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.

(2)

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.

(3)

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.

(d)

Jurisdiction and duties

(1)

Jurisdiction of the Secretary of the Interior

(A)

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.

(B)

Inclusion

Notwithstanding subsection (e), the jurisdiction under subparagraph (A) shall include access to the Cragin Project by the District.

(2)

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—

(A)

ensure the compliance of each activity carried out at the Cragin Project with each applicable Federal environmental law (including regulations); and

(B)

coordinate with appropriate Federal agencies in ensuring the compliance under subparagraph (A).

(e)

Land management activities on covered land

(1)

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.

(2)

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—

(A)

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

(B)

carry out any emergency activities, such as fire suppression, on the covered land.

August 5, 2010

Reported with an amendment