118 HR 1607 RH: To clarify jurisdiction with respect to certain Bureau of Reclamation pumped storage development, and for other purposes. U.S. House of Representatives 2023-11-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IBUnion Calendar No. 213118th CONGRESS1st SessionH. R. 1607[Report No. 118–264]IN THE HOUSE OF REPRESENTATIVESMarch 14, 2023Mr. Schweikert (for himself and Mr. Stanton) introduced the following bill; which was referred to the Committee on Natural ResourcesNovember 3, 2023Additional sponsors: Mrs. Lesko, Mr. Gallego, and Mr. CiscomaniNovember 3, 2023Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in italicFor text of introduced bill, see copy of bill as introduced on March 14, 2023A BILLTo clarify jurisdiction with respect to certain Bureau of Reclamation pumped storage development, and for other purposes.

1.

Land withdrawal and reservation

(a)

Definitions

In this section:(1)

Agreement

The term Agreement means the agreement between the United States and the Association dated September 6, 1917, as amended.(2)

Association

The term Association means the Salt River Valley Water Users’ Association.(3)

Covered land

The term covered land means the portion of the National Forest System land located on the south side of the Salt River from the March 9, 1903, 1-mile withdrawal area for the Bureau of Reclamation purposes extending an additional 2 miles from the Salt River at Roosevelt Dam to 18.25 river miles downstream, in the State of Arizona, not including the Superstition Mountain Wilderness Area and the Tonto National Monument, as depicted on the Map.(4)

District

The term District means the Salt River Project Agricultural Improvement and Power District.(5)

Map

The term Map means the map prepared under subsection (e)(1).(6)

SRP

The term SRP means—(A)the District; and(B)the Association.(b)

Reservation of covered land

Subject to valid existing rights, the covered land is reserved to the United States, through the Secretary of the Interior, for the exclusive right to use the covered land and interests in the covered land for the development, generation, and transmission of electrical power and energy for the use and benefit of the Salt River Federal Reclamation Project pursuant to the Agreement.(c)

Withdrawal of covered land

The covered land is permanently withdrawn from—(1)all forms of entry, appropriation, and disposal under the public land laws;(2)location, entry, and patent under the mining laws; and(3)operation of the mineral leasing, mineral materials, and geothermal leasing laws.(d)

Facilities

With respect to facilities constructed by SRP on the covered land for the development, generation, and transmission of electrical power and energy—(1)the design and specifications shall conform to Bureau of Reclamation standards, and final designs shall be subject to review and approval by the Secretary of the Interior;(2)all construction work shall be subject to inspection and approval by the Secretary of the Interior;(3)upon a determination of substantial completion of such facilities, the Secretary of the Interior shall accept title on behalf of the United States as part of the Salt River Federal Reclamation Project pursuant to—(A)section 6 of the Act of June 17, 1902 (32 Stat. 389, chapter 1093; 43 U.S.C. 498); and(B)the Agreement; and(4)SRP shall be responsible for the care, operation, and maintenance pursuant to the Agreement.(e)

Map

(1)

In general

As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall prepare a map depicting the boundary of the covered land.(2)

Availability

The Map shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Reclamation.(f)

Management of covered land

Management of the covered lands shall be in accordance with the Management Memorandum among the District, United States Department of Agriculture, Forest Service, and the Bureau of Reclamation, dated April 27, 1979, as amended.(g)

Relation to other law

(1)

Compliance with environmental laws

The Secretary of the Interior is directed to carry out all necessary environmental compliance 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 all other applicable environmental laws and regulations, prior to construction of facilities on the covered land for the development, generation, and transmission of electrical power and energy.(2)

Lead agency

The Bureau of Reclamation shall be the lead agency with respect to environmental compliance.(3)

Withdrawal not major Federal action

The withdrawal of the covered land shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.).(4)

Antideficiency

The United States shall not be liable for failure to carry out any obligation or activity authorized to be carried out under this title (including any such obligation or activity under the Agreement) if adequate appropriations are not provided by Congress expressly to carry out the purposes of this Act.

November 3, 2023Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed