[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1577 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1577

To facilitate the transfer of Spearfish Hydroelectric Plant Number 1 to 
      the city of Spearfish, South Dakota, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2005

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

_______________________________________________________________________

                                 A BILL


 
To facilitate the transfer of Spearfish Hydroelectric Plant Number 1 to 
      the city of Spearfish, South Dakota, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds that--
            (1) Spearfish Hydroelectric Plant Number 1--
                    (A) operates under a right-of-way grant 
                administered by the Forest Service; and
                    (B) is not subject to the jurisdiction of the 
                Federal Energy Regulatory Commission;
            (2) the transfer of the Plant from the Homestake Mining 
        Company to the city of Spearfish, South Dakota--
                    (A) would maintain the historic benefits of the 
                Plant; and
                    (B) would not--
                            (i) affect the validity of the right-of-way 
                        grant; or
                            (ii) subject the Plant to the jurisdiction 
                        of the Commission; and
            (3) it is in the public interest for the Plant to continue 
        to operate in a manner that protects and improves--
                    (A) fish hatchery operations;
                    (B) recreation;
                    (C) historical interpretation;
                    (D) irrigation;
                    (E) hydroelectric power generation; and
                    (F) the aesthetic value of Spearfish City Park.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Plant.--The term ``Plant'' means the Spearfish 
        Hydroelectric Plant Number 1 that--
                    (A) is located in Lawrence County, South Dakota;
                    (B) operates in accordance with a valid right-of-
                way grant--
                            (i) issued by the General Land Office of 
                        the Department of the Interior in 1909; and
                            (ii) administered by the Forest Service as 
                        of the date of enactment of this Act; and
                    (C) is described in Commission docket number UL00-
                3.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. EXEMPTION OF THE PLANT FROM COMMISSION JURISDICTION.

    Part I of the Federal Power Act (16 U.S.C. 791a et seq.) shall not 
apply to the Plant until and unless otherwise provided by Congress.

SEC. 4. STUDY OF SPEARFISH CREEK HYDROLOGY.

    (a) In General.--The Secretary, acting through the United States 
Geological Survey, shall carry out a study of the hydrology of 
Spearfish Creek, South Dakota.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the study under subsection 
(a) $250,000 for each of fiscal years 2006 through 2009.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of Congress that the city of Spearfish, South 
Dakota, to provide for the restoration and improvement of Spearfish 
Creek, should--
            (1) uphold the Memorandum Agreement of the city of 
        Spearfish and the Spearfish Canyon Landowners Association, 
        dated September 14, 2004; and
            (2) take action to release additional water flow of 
        approximately 5 to 10 cubic feet per second between the Maurice 
        Intake Dam and the Spearfish Diversion.
                                 <all>