II 109th CONGRESS 1st Session S. 1577 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.

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.

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.

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.

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.

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.