II 111th CONGRESS 2d Session S. 3917 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.

1.

Short title

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

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.

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.).

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.

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.