[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3917 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3917

   To direct the Secretary of the Interior to convey certain Federal 
 features of the electric distribution system to the South Utah Valley 
           Electric Service District, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

   Mr. Hatch introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of the Interior to convey certain Federal 
 features of the electric distribution system to the South Utah Valley 
           Electric Service District, 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. SHORT TITLE.

    This Act may be cited as the ``South Utah Valley Electric 
Conveyance Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Distribution fixture land.--The term ``distribution 
        fixture land'' means the Federal land or interests in Federal 
        land--
                    (A) on which fixtures are located on the date of 
                enactment of this Act; and
                    (B) that are unencumbered by other Strawberry 
                Valley Project features, to a maximum corridor width of 
                30 feet on each side of the centerline of the power 
                lines of the fixtures as in existence on the date of 
                enactment of this Act.
            (2) District.--The term ``District'' means the South Utah 
        Valley Electric Service District, which is organized under the 
        laws of the State of Utah.
            (3) Electric distribution system.--The term ``Electric 
        Distribution System'' means fixtures, irrigation or power 
        facilities land, distribution fixture land, and shared power 
        poles.
            (4) Fixture.--The term ``fixture'' means any power pole, 
        cross-member, wire, insulator, or associated fixture (including 
        any substation) that--
                    (A) comprises the portions of the Strawberry Valley 
                Project power distribution system that--
                            (i) are rated at a voltage of 12.5 
                        kilovolts; and
                            (ii) were constructed with Strawberry 
                        Valley Project revenues; and
                    (B) any fixture described in subparagraph (A) that 
                is located on Federal land or an interest in Federal 
                land.
            (5) Irrigation or power facilities land.--The term 
        ``irrigation or power facilities land'' means any Federal land 
        or interest in Federal land--
                    (A) on which fixtures are located on the date of 
                enactment of this Act; and
                    (B) that is encumbered by other Strawberry Valley 
                Project irrigation or power features, including land 
                underlying the Strawberry Substation.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Shared power pole.--The term ``shared power pole'' 
        means 1 or more poles that comprise the portions of the 
        Strawberry Valley Project Power Transmission System that--
                    (A) are rated at a voltage of 46.0-kilovolts;
                    (B) are owned by the United States; and
                    (C) support fixtures.

SEC. 3. CONVEYANCE OF ELECTRIC DISTRIBUTION SYSTEM.

    (a) In General.--If the Strawberry Water Users Association conveys 
to the District the interest of the Strawberry Water Users Association, 
if any, to the Electric Distribution System by the contract dated April 
7, 1986, and the District agrees to assume from the United States all 
liability for administration, operation, maintenance, and replacement 
of the Electric Distribution System, the Secretary shall, in accordance 
with this Act convey and assign to the District for no additional 
consideration--
            (1) all right, title, and interest of the United States in 
        and to--
                    (A) all fixtures owned by the United States as part 
                of the Electric Distribution System; and
                    (B) the distribution fixture land;
            (2) a license for use of the shared power poles to continue 
        to own, operate, maintain, and replace Electric Distribution 
        Fixtures attached to the shared power poles; and
            (3) a license for use and access for purposes of operation, 
        maintenance, and replacement across, over, and along--
                    (A) all project land and interests in irrigation 
                and power facilities land on which the Electric 
                Distribution System is located on the date of enactment 
                of this Act that is necessary for other Strawberry 
                Valley Project facilities, including land underlying 
                the Strawberry Substation, if the ownership of the 
                underlying land or interest in land be retained by the 
                United States; and
                    (B) any corridors in which Federal land and 
                interests in land that--
                            (i) are abutting public streets and roads; 
                        and
                            (ii) would provide access that would 
                        facilitate operation, maintenance, and 
                        replacement of facilities.
    (b) Compliance With Environmental Laws.--
            (1) In general.--Before conveying the land, interests in 
        land, and fixtures under subsection (a)(1), the Secretary shall 
        comply with all applicable requirements under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) any other law applicable to the conveyed land 
                and facilities.
            (2) Effect.--Nothing in this Act modifies or alters any 
        obligations under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); or
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).

SEC. 4. EFFECT OF CONVEYANCE.

    On conveyance of any land or facility under section 3(a)(1)--
            (1) the conveyed and assigned land and facilities shall no 
        longer be part of a Federal reclamation project;
            (2) the District shall not be entitled to receive any 
        future Bureau or Reclamation benefits with respect to the 
        conveyed and assigned land and facilities, except for benefits 
        that would be available to other non-Bureau of Reclamation 
        facilities; and
            (3) the United States shall not be liable for damages 
        arising out of any act, omission, or occurrence relating to the 
        land and facilities, but shall continue to be liable for 
        damages caused by acts of negligence committed by the United 
        States or by any employee or agent of the United States before 
        the date of conveyance, consistent with chapter 171 of title 
        28, United States Code.

SEC. 5. REPORT.

    If a conveyance required under section 3(a) is not completed by the 
date that is 2 years after the date of enactment of this Act, the 
Secretary shall submit to Congress a report that--
            (1) describes the status of the conveyance;
            (2) describes any obstacles to completing the conveyance; 
        and
            (3) specifies an anticipated date for completion of the 
        conveyance.
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