What This Bill Does
This bill reserves and withdraws certain federal forest land in Arizona from public use. The land will be used exclusively by the Salt River Project for building and operating power generation and transmission facilities.
##
Who It Affects
- Salt River Project Agricultural Improvement and Power District
- Salt River Valley Water Users' Association
- The Secretary of the Interior
- The Secretary of Agriculture
- The public (cannot access or claim the reserved land)
##
Key Provisions
- The designated land on the south side of the Salt River in Arizona is reserved for power development, generation and transmission for the Salt River Federal Reclamation Project (Sec. 1(b))
- The land is permanently withdrawn from mining, mineral leasing and geothermal leasing activities (Sec. 1(c))
- The Secretary of the Interior must review and approve the design, specifications and construction of all facilities built on the land (Sec. 1(d))
- The Secretary of the Interior accepts ownership of completed facilities on behalf of the United States (Sec. 1(d))
- The Salt River Project is responsible for caring for, operating and maintaining the facilities (Sec. 1(d))
- The Secretary of Agriculture must prepare a map showing the boundary of the reserved land (Sec. 1(e))
- The land must be managed according to a 1979 memorandum among the Salt River Project, Forest Service and Bureau of Reclamation (Sec. 1(f))
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What Changes
Federal forest land along the Salt River becomes permanently unavailable for mining, mineral leasing or geothermal activities. Only the Salt River Project may use this land to build power generation and transmission facilities. The public cannot access or claim this land.
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Important Definitions
- **Covered land**: National Forest System land on the south side of the Salt River in Arizona, excluding Superstition Mountain Wilderness Area and Tonto National Monument
- **SRP**: Both the Salt River Project Agricultural Improvement and Power District and the Salt River Valley Water Users' Association
- **Agreement**: The agreement between the United States and the Salt River Valley Water Users' Association dated September 6, 1917, as amended
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Effective Date
Not specified in bill text
II
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. LAND WITHDRAWAL AND RESERVATION.
3
(a) DEFINITIONS.—In this section:
4
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•S 739 RS
(1)
AGREEMENT.—The
term
‘‘Agreement’’
1
means the agreement between the United States and
2
the Association dated September 6, 1917.
3
(2)
ASSOCIATION.—The
term
‘‘Association’’
4
means the Salt River Valley Water Users’ Associa-
5
tion.
6
(3) COVERED LAND.—The term ‘‘covered land’’
7
means the portion of the National Forest System
8
land located on the south side of the Salt River from
9
the March 9, 1903, 1-mile withdrawal area for Rec-
10
lamation purposes extending an additional 2 miles
11
from the Salt River at Roosevelt Dam to 18.25 river
12
miles downstream, not including the Superstition
13
Mountain Wilderness Area and the Tonto National
14
Monument, as depicted on the Map.
15
(4) DISTRICT.—The term ‘‘District’’ means the
16
Salt River Project Agricultural Improvement and
17
Power District.
18
(5) MAP.—The term ‘‘Map’’ means the map
19
prepared under subsection (e)(1).
20
(6) SRP.—The term ‘‘SRP’’ means—
21
(A) the District; and
22
(B) the Association.
23
(b) RESERVATION OF COVERED LAND.—Subject to
24
valid existing rights, the covered land is reserved to the
25
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•S 739 RS
United States, through the Secretary of the Interior, for
1
the exclusive right to use the covered land and interests
2
in the covered land for the development, generation, and
3
transmission of electrical power and energy for the use
4
and benefit of the Salt River Federal Reclamation Project
5
pursuant to the Agreement.
6
(c) WITHDRAWAL OF COVERED LAND.—The covered
7
land is permanently withdrawn from—
8
(1) all forms of entry, appropriation, and dis-
9
posal under the public land laws;
10
(2) location, entry, and patent under the mining
11
laws; and
12
(3) operation of the mineral leasing, mineral
13
materials, and geothermal leasing laws.
14
(d) TITLE TO FACILITIES.—With respect to facilities
15
constructed by SRP on the covered land for the develop-
16
ment, generation, and transmission of electrical power and
17
energy—
18
(1) title shall be held by the United States as
19
part of the Salt River Federal Reclamation Project
20
pursuant to—
21
(A) section 6 of the Act of June 17, 1902
22
(32 Stat. 389, chapter 1093; 43 U.S.C. 498);
23
and
24
(B) the Agreement; and
25
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•S 739 RS
(2) SRP shall be responsible for the care, oper-
1
ation, and maintenance pursuant to the Agreement.
2
(e) MAP.—
3
(1) IN GENERAL.—As soon as practicable after
4
the date of enactment of this Act, the Secretary of
5
Agriculture
shall
prepare
a
map
depicting
the
6
boundary of the covered land.
7
(2) AVAILABILITY.—The Map shall be on file
8
and available for public inspection in the appropriate
9
offices of the Forest Service and the Bureau of Rec-
10
lamation.
11
SECTION 1. LAND WITHDRAWAL AND RESERVATION.
12
(a) DEFINITIONS.—In this section:
13
(1) AGREEMENT.—The term ‘‘Agreement’’ means
14
the agreement between the United States and the As-
15
sociation dated September 6, 1917, as amended.
16
(2)
ASSOCIATION.—The
term
‘‘Association’’
17
means the Salt River Valley Water Users’ Associa-
18
tion.
19
(3) COVERED LAND.—The term ‘‘covered land’’
20
means the portion of the National Forest System land
21
located on the south side of the Salt River from the
22
March 9, 1903, 1-mile withdrawal area for Bureau of
23
Reclamation purposes extending an additional 2
24
miles from the Salt River at Roosevelt Dam to 18.25
25
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•S 739 RS
river miles downstream, in the State of Arizona, not
1
including the Superstition Mountain Wilderness Area
2
and the Tonto National Monument, as depicted on the
3
Map.
4
(4) DISTRICT.—The term ‘‘District’’ means the
5
Salt River Project Agricultural Improvement and
6
Power District.
7
(5) MAP.—The term ‘‘Map’’ means the map pre-
8
pared under subsection (e)(1).
9
(6) SRP.—The term ‘‘SRP’’ means—
10
(A) the District; and
11
(B) the Association.
12
(b) RESERVATION
OF COVERED LAND.—Subject to
13
valid existing rights, the covered land is reserved to the
14
United States, through the Secretary of the Interior, for the
15
exclusive right to use the covered land and interests in the
16
covered land for the development, generation, and trans-
17
mission of electrical power and energy for the use and ben-
18
efit of the Salt River Federal Reclamation Project pursuant
19
to the Agreement.
20
(c) WITHDRAWAL OF COVERED LAND.—The covered
21
land is permanently withdrawn from—
22
(1) all forms of entry, appropriation, and dis-
23
posal under the public land laws;
24
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•S 739 RS
(2) location, entry, and patent under the mining
1
laws; and
2
(3) operation of the mineral leasing, mineral
3
materials, and geothermal leasing laws.
4
(d) FACILITIES.—With respect to facilities constructed
5
by SRP on the covered land for the development, generation,
6
and transmission of electrical power and energy—
7
(1) the design and specifications shall conform to
8
Bureau of Reclamation standards and final designs
9
shall be subject to review and approval by the Sec-
10
retary of the Interior;
11
(2) all construction work shall be subject to in-
12
spection and approval by the Secretary of the Inte-
13
rior;
14
(3) on a determination of substantial completion
15
of the applicable facilities, the Secretary of the Inte-
16
rior shall accept title on behalf of the United States
17
as part of the Salt River Federal Reclamation Project
18
pursuant to—
19
(A) section 6 of the Act of June 17, 1902
20
(32 Stat. 389, chapter 1093; 43 U.S.C. 498); and
21
(B) the Agreement; and
22
(4) SRP shall be responsible for the care, oper-
23
ation, and maintenance pursuant to the Agreement.
24
(e) MAP.—
25
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•S 739 RS
(1) IN GENERAL.—As soon as practicable after
1
the date of enactment of this Act, the Secretary of Ag-
2
riculture shall prepare a map depicting the boundary
3
of the covered land.
4
(2) AVAILABILITY.—The Map shall be on file and
5
available for public inspection in the appropriate of-
6
fices of the Forest Service and the Bureau of Rec-
7
lamation.
8
(f) MANAGEMENT OF COVERED LAND.—The covered
9
land shall be managed in accordance with the memorandum
10
entitled ‘‘Management Memorandum among the Salt River
11
Project Agricultural Improvement and Power District,
12
United States Department of Agriculture Forest Service
13
and United States Bureau of Reclamation’’ and dated April
14
27, 1979, as amended.
15
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Calendar No. 579
118TH CONGRESS
2D SESSION
S. 739
A BILL
To clarify jurisdiction with respect to certain Bu-
reau of Reclamation pumped storage develop-
ment, and for other purposes.
NOVEMBER 21, 2024
Reported with an amendment
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