[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1080 Reported in Senate (RS)]

                                                       Calendar No. 525
111th CONGRESS
  2d Session
                                S. 1080

                          [Report No. 111-255]

   To clarify the jurisdiction of the Secretary of the Interior with 
 respect to the C.C. Cragin Dam and Reservoir, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2009

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

                             August 5, 2010

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To clarify the jurisdiction of the Secretary of the Interior with 
 respect to the C.C. Cragin Dam and Reservoir, and for other purposes.

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

<DELETED>SECTION 1. LAND WITHDRAWAL AND RESERVATION FOR CRAGIN 
              DAM.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Covered land.--The term ``covered land'' means 
        the parcel of land consisting of approximately 512 acres that--
        </DELETED>
                <DELETED>    (A) is located in the Counties of Coconino 
                and Gila, Arizona; and</DELETED>
                <DELETED>    (B) is comprised of--</DELETED>
                        <DELETED>    (i) approximately 300 feet of the 
                        crest of the Cragin Dam and associated 
                        spillway;</DELETED>
                        <DELETED>    (ii) the reservoir pool of the 
                        Cragin Dam that consists of approximately 250 
                        acres; and</DELETED>
                        <DELETED>    (iii) the linear corridor and 
                        project facilities that--</DELETED>
                                <DELETED>    (I) consist of 
                                approximately 262 acres; and</DELETED>
                                <DELETED>    (II) are used for--
                                </DELETED>
                                        <DELETED>    (aa) access to the 
                                        Cragin Dam; and</DELETED>
                                        <DELETED>    (bb) the placement 
                                        of tunnels, pipelines, 
                                        penstocks, and electric 
                                        transmission lines with respect 
                                        to the Cragin Dam.</DELETED>
        <DELETED>    (2) Cragin dam.--The term ``Cragin Dam'' means the 
        C.C. Cragin Dam and Reservoir (including each water and power 
        facility associated with the C.C. Cragin Dam and 
        Reservoir).</DELETED>
        <DELETED>    (3) Department.--The term ``Department'' means the 
        Department of the Interior.</DELETED>
        <DELETED>    (4) District.--The term ``District'' means the 
        Salt River Project Agricultural Improvement and Power 
        District.</DELETED>
        <DELETED>    (5) Linear corridor.--The term ``linear corridor'' 
        means a corridor--</DELETED>
                <DELETED>    (A) the width of which is approximately 
                200 feet;</DELETED>
                <DELETED>    (B) the length of which is approximately 
                11.5 miles;</DELETED>
                <DELETED>    (C) of which approximately 0.7 miles 
                consists of an underground tunnel;</DELETED>
                <DELETED>    (D) a portion of which is located in--
                </DELETED>
                        <DELETED>    (i) sec. 31, sec. 32, sec. 33, and 
                        sec. 34, T. 14 N., R. 11 E.;</DELETED>
                        <DELETED>    (ii) sec. 36, T. 14 N., R. 10 
                        E.;</DELETED>
                        <DELETED>    (iii) sec. 4, sec. 5, sec. 6, sec. 
                        7, and sec. 8, T. 13 N., R. 11 E.;</DELETED>
                        <DELETED>    (iv) sec. 12, sec. 13, sec. 24, 
                        sec. 25, sec. 35, and sec. 36, T. 13 N., R. 10 
                        E.; and</DELETED>
                        <DELETED>    (v) sec. 1, sec. 11, sec. 12, sec. 
                        14, and sec. 23, T. 12 N., R. 10 E., of the 
                        Gila and Salt River Meridians; and</DELETED>
                <DELETED>    (E) as generally depicted on the 
                Map.</DELETED>
        <DELETED>    (6) Map.--The term ``Map'' means the map entitled 
        ``C.C. Cragin Dam and Reservoir Land'' and dated June 17, 
        2008.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture, acting through the Chief of the 
        Forest Service.</DELETED>
<DELETED>    (b) Withdrawal of Covered Land.--Subject to valid existing 
rights, with respect to reclamation, the covered land is permanently 
withdrawn from all forms of--</DELETED>
        <DELETED>    (1) entry, appropriation, or disposal under the 
        public land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the mining 
        laws; and</DELETED>
        <DELETED>    (3) disposition under all laws pertaining to 
        mineral and geothermal leasing or mineral materials.</DELETED>
<DELETED>    (c) Jurisdiction of Secretary of the Interior.--The 
Secretary of the Interior shall have exclusive jurisdiction--</DELETED>
        <DELETED>    (1) with respect to the covered land withdrawn by 
        subsection (b); and</DELETED>
        <DELETED>    (2) to manage each reclamation project carried out 
        on the covered land in accordance with section 213(i) of the 
        Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 
        3532).</DELETED>
<DELETED>    (d) Responsibility of Secretary of the Interior and 
District.--In accordance with paragraphs (4)(B) and (5) of section 
213(i) of the Arizona Water Settlements Act (Public Law 108-451; 118 
Stat. 3533), the Secretary of the Interior and the District shall 
ensure the compliance of each activity carried out at the Cragin Dam 
with each applicable Federal law (including regulations).</DELETED>
<DELETED>    (e) Map.--</DELETED>
        <DELETED>    (1) In general.--As soon as practicable after the 
        date of enactment of this Act, the Secretary of the Interior 
        shall file a copy of the Map with--</DELETED>
                <DELETED>    (A) each appropriate committee of 
                Congress;</DELETED>
                <DELETED>    (B) the Secretary;</DELETED>
                <DELETED>    (C) the Governor of the State of Arizona; 
                and</DELETED>
                <DELETED>    (D) the Archivist of the United 
                States.</DELETED>
        <DELETED>    (2) Force and effect.--Each copy of the Map filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary of the Interior 
        may correct clerical and typographical errors in the 
        Map.</DELETED>
<DELETED>    (f) Management Activities on Covered Land.--</DELETED>
        <DELETED>    (1) In general.--In accordance with paragraphs (2) 
        and (3), the Secretary of the Interior, in consultation with 
        the District, may enter into a contract with the Secretary to 
        carry out management activities on the covered land.</DELETED>
        <DELETED>    (2) Requirement.--In carrying out a management 
        activity under paragraph (1), the Secretary shall ensure that 
        the activity does not conflict with, or adversely affect, the 
        operation, maintenance, or repair of the Cragin Dam, as 
        determined by the Secretary of the Interior.</DELETED>
        <DELETED>    (3) Authorized management activities.--Authorized 
        management activities described in paragraph (1) include any 
        activity agreed to between the Secretary and the Secretary of 
        the Interior, including, with respect to the Cragin Dam--
        </DELETED>
                <DELETED>    (A) the management of--</DELETED>
                        <DELETED>    (i) recreation;</DELETED>
                        <DELETED>    (ii) wildland fire 
                        activities;</DELETED>
                        <DELETED>    (iii) public conduct and law 
                        enforcement;</DELETED>
                        <DELETED>    (iv) cultural resources; 
                        and</DELETED>
                        <DELETED>    (v) other resources; and</DELETED>
                <DELETED>    (B) any other appropriate management 
                activity.</DELETED>
<DELETED>    (g) Access to Forest Service Roads.--</DELETED>
        <DELETED>    (1) In general.--To carry out the operation, 
        maintenance, and repair of the Cragin Dam, the Secretary--
        </DELETED>
                <DELETED>    (A) shall authorize employees of the 
                Department and the District to use certain roads under 
                the jurisdiction of the Forest Service, as determined 
                by the Secretary in coordination with the Secretary of 
                the Interior and the District; and</DELETED>
                <DELETED>    (B) may not require any individual 
                described in subparagraph (A) to apply for, or possess, 
                a permit, license, or other similar document as a 
                condition for authorization to use any road described 
                in that subparagraph.</DELETED>
        <DELETED>    (2) Compliance with federal laws.--In carrying out 
        an activity described in paragraph (1) through the use of roads 
        authorized under that paragraph, the Department and the 
        District shall comply with each applicable Federal law 
        (including regulations).</DELETED>

SECTION 1. LAND WITHDRAWAL AND RESERVATION FOR CRAGIN PROJECT.

    (a) Definitions.--In this section:
            (1) Covered land.--The term ``covered land'' means the 
        parcel of land consisting of approximately 512 acres, as 
        generally depicted on the Map, that consists of--
                    (A) approximately 300 feet of the crest of the 
                Cragin Dam and associated spillway;
                    (B) the reservoir pool of the Cragin Dam that 
                consists of approximately 250 acres defined by the high 
                water mark; and
                    (C) the linear corridor.
            (2) Cragin project.--The term ``Cragin Project'' means--
                    (A) the Cragin Dam and associated spillway;
                    (B) the reservoir pool of the Cragin Dam; and
                    (C) any pipelines, linear improvements, buildings, 
                hydroelectric generating facilities, priming tanks, 
                transmission, telephone, and fiber optic lines, pumps, 
                machinery, tools, appliances, and other District or 
                Bureau of Reclamation structures and facilities used 
                for the Cragin Project.
            (3) District.--The term ``District'' means the Salt River 
        Project Agricultural Improvement and Power District.
            (4) Land management activity.--The term ``land management 
        activity'' includes, with respect to the covered land, the 
        management of--
                    (A) recreation;
                    (B) grazing;
                    (C) wildland fire;
                    (D) public conduct;
                    (E) commercial activities that are not part of the 
                Cragin Project;
                    (F) cultural resources;
                    (G) invasive species;
                    (H) timber and hazardous fuels;
                    (I) travel;
                    (J) law enforcement; and
                    (K) roads and trails.
            (5) Linear corridor.--The term ``linear corridor'' means a 
        corridor of land comprising approximately 262 acres--
                    (A) the width of which is approximately 200 feet;
                    (B) the length of which is approximately 11.5 
                miles;
                    (C) of which approximately 0.7 miles consists of an 
                underground tunnel; and
                    (D) that is generally depicted on the Map.
            (6) Map.--The term ``Map'' means sheets 1 and 2 of the maps 
        entitled ``C.C. Cragin Project Withdrawal'' and dated June 17, 
        2008.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
    (b) Withdrawal of Covered Land.--Subject to valid existing rights, 
the covered land is permanently withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
    (c) Map.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary of the Interior, in 
        coordination with the Secretary, shall prepare a map and legal 
        description of the covered land.
            (2) Force and effect.--The map and legal description 
        prepared under paragraph (1) shall have the same force and 
        effect as if included in this Act, except that the Secretary of 
        the Interior may correct clerical and typographical errors.
            (3) Availability.--The map and legal description prepared 
        under paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the Forest Service and 
        Bureau of Reclamation.
    (d) Jurisdiction and Duties.--
            (1) Jurisdiction of the secretary of the interior.--
                    (A) In general.--Except as provided in subsection 
                (e), the Secretary of the Interior, acting through the 
                Commissioner of Reclamation, shall have exclusive 
                administrative jurisdiction to manage the Cragin 
                Project in accordance with this Act and section 213(i) 
                of the Arizona Water Settlements Act (Public Law 108-
                451; 118 Stat. 3533) on the covered land.
                    (B) Inclusion.--Notwithstanding subsection (e), the 
                jurisdiction under subparagraph (A) shall include 
                access to the Cragin Project by the District.
            (2) Responsibility of secretary of the interior and 
        district.--In accordance with paragraphs (4)(B) and (5) of 
        section 213(i) of the Arizona Water Settlements Act (Public Law 
        108-451; 118 Stat. 3533), the Secretary of the Interior and the 
        District shall--
                    (A) ensure the compliance of each activity carried 
                out at the Cragin Project with each applicable Federal 
                environmental law (including regulations); and
                    (B) coordinate with appropriate Federal agencies in 
                ensuring the compliance under subparagraph (A).
    (e) Land Management Activities on Covered Land.--
            (1) In general.--The Secretary shall have administrative 
        jurisdiction over land management activities on the covered 
        land and other appropriate management activities pursuant to an 
        agreement under paragraph (2) that do not conflict with, or 
        adversely affect, the operation, maintenance, or replacement 
        (including repair) of the Cragin Project, as determined by the 
        Secretary of the Interior.
            (2) Interagency agreement.--The Secretary and the Secretary 
        of the Interior, in coordination with the District, may enter 
        into an agreement under which the Secretary may--
                    (A) undertake any other appropriate management 
                activity in accordance with applicable law that will 
                improve the management and safety of the covered land 
                and other land managed by the Secretary if the activity 
                does not conflict with, or adversely affect, the 
                operation, maintenance, or replacement (including 
                repair) of the Cragin Project, as determined by the 
                Secretary of the Interior; and
                    (B) carry out any emergency activities, such as 
                fire suppression, on the covered land.
                                                       Calendar No. 525

111th CONGRESS

  2d Session

                                S. 1080

                          [Report No. 111-255]

_______________________________________________________________________

                                 A BILL

   To clarify the jurisdiction of the Secretary of the Interior with 
 respect to the C.C. Cragin Dam and Reservoir, and for other purposes.

_______________________________________________________________________

                             August 5, 2010

                       Reported with an amendment