Calendar No. 273
[Report No. 112–111]
IN THE SENATE OF THE UNITED STATES
March 7, 2011
Mr. Hatch (for himself and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
January 13, 2012
Reported under authority of the order of the Senate of December 17, 2011, by Mr. Bingaman, with amendments
Omit the part struck through and insert the part printed in italic
To direct the Secretary of the Interior to convey certain Federal features of the electric distribution system to the South Utah Valley Electric Service District, and for other purposes.
This Act may be cited as the
South Utah Valley Electric Conveyance
In this Act:
The term District means the South Utah Valley Electric Service District, organized under the laws of the State of Utah.
Electric distribution system
The term Electric Distribution System means fixtures, irrigation, or power facilities lands, distribution fixture lands, and shared power poles.
The term fixtures means all power poles, cross-members, wires, insulators and associated fixtures, including substations, that—
comprise those portions of the Strawberry Valley Project power distribution system that are rated at a voltage of 12.5 kilovolts and were constructed with Strawberry Valley Project revenues; and
any such fixtures that are located on Federal lands and interests in lands.
Irrigation or power facilities lands
The term irrigation or power facilities lands means all Federal lands and interests in lands where the fixtures are located on the date of the enactment of this Act and which are encumbered by other Strawberry Valley Project irrigation or power features, including lands underlying the Strawberry Substation.
Distribution fixture lands
The term distribution fixture lands means all Federal lands and interests in lands where the fixtures are located on the date of the enactment of this Act and which are unencumbered by other Strawberry Valley Project features, to a maximum corridor width of 30 feet on each side of the centerline of the fixtures’ power lines as those lines exist on the date of the enactment of this Act.
Shared power poles
The term shared power poles means poles that comprise those portions of the Strawberry Valley Project Power Transmission System, that are rated at a voltage of 46.0-kilovolts, are owned by the United States, and support fixtures of the Electric Distribution System.
The term Secretary means the Secretary of the Interior.
Conveyance of Electric Distribution System
Inasmuch as the Strawberry Water Users Association
conveyed its interest, if any, in the Electric Distribution System to the
District by a contract dated April 7, 1986, and in consideration of the
District assuming from the United States all liability for administration,
operation, maintenance, and replacement of the Electric Distribution System,
the Secretary shall,
pursuant to the provisions of this
convey and assign to the District without charge or further
all of the United States right, title, and interest in and to—
all fixtures owned by the United States as part of the Electric Distribution System; and
the distribution fixture land;
license for use in perpetuity of the shared power poles to continue to own, operate, maintain, and replace Electric Distribution Fixtures attached to the shared power poles; and
licenses for use and for access in perpetuity for purposes of operation, maintenance, and replacement across, over, and along—
all project lands and interests in irrigation and power facilities lands where the Electric Distribution System is located on the date of the enactment of this Act that are necessary for other Strawberry Valley Project facilities (the ownership of such underlying lands or interests in lands shall remain with the United States), including lands underlying the Strawberry Substation; and
such corridors where Federal lands and interests in lands—
are abutting public streets and roads; and
can provide access that will facilitate operation, maintenance, and replacement of facilities.
Compliance with environmental laws
Before conveying lands, interest in lands, and fixtures under subsection (a), the Secretary shall comply with all applicable requirements 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
any other law applicable to the land and facilities.
Nothing in this Act modifies or alters any obligations under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Power Generation and 46kV Transmission Facilities Excluded
Except for the uses as granted by license in Shared Power Poles under section 3(a)(2), nothing in this Act shall be construed to grant or convey to the District or any other party, any interest in any facilities shared or otherwise that comprise a portion of the Strawberry Valley Project power generation system or the federally owned portions of the 46 kilovolt transmission system which ownership shall remain in the United States.
Effect of conveyance
On conveyance of any land or facility under section 3(a)(1)—
the conveyed and assigned land and facilities shall no longer be part of a Federal reclamation project;
the District shall not be entitled to receive any future Bureau or Reclamation benefits with respect to the conveyed and assigned land and facilities, except for benefits that would be available to other non-Bureau of Reclamation facilities; and
the United States
shall not be liable for damages arising out of any act, omission, or occurrence
relating to the land and facilities,
but shall continue to be liable for
damages caused by acts of negligence committed by the United States or by any
employee or agent of the United States before the date of conveyance,
consistent with chapter 171 of title 28, United States
If a conveyance required under section 3 is
not completed by the date that is
months after the date of the enactment of this
Act, the Secretary shall
submit to Congress a report that—
describes the status of the conveyance;
describes any obstacles to completing the conveyance; and
specifies an anticipated date for completion of the conveyance.
January 13, 2012
Reported with amendments