[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 461 Reported in Senate (RS)]

                                                       Calendar No. 291
112th CONGRESS
  2d Session
                                H. R. 461

                          [Report No. 112-130]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 31, 2011

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                            January 13, 2012

  Reported under authority of the order of the Senate of December 17, 
                2011, by Mr. Bingaman, without amendment

_______________________________________________________________________

                                 AN ACT


 
   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) District.--The term ``District'' means the South Utah 
        Valley Electric Service District, organized under the laws of 
        the State of Utah.
            (2) Electric distribution system.--The term ``Electric 
        Distribution System'' means fixtures, irrigation, or power 
        facilities lands, distribution fixture lands, and shared power 
        poles.
            (3) Fixtures.--The term ``fixtures'' means all power poles, 
        cross-members, wires, insulators and associated fixtures, 
        including substations, that--
                    (A) comprise those portions of the Strawberry 
                Valley Project power distribution system that are rated 
                at a voltage of 12.5 kilovolts and were constructed 
                with Strawberry Valley Project revenues; and
                    (B) any such fixtures that are located on Federal 
                lands and interests in lands.
            (4) Irrigation or power facilities lands.--The term 
        ``irrigation or power facilities lands'' means all Federal 
        lands and interests in lands where the fixtures are located on 
        the date of the enactment of this Act and which are encumbered 
        by other Strawberry Valley Project irrigation or power 
        features, including lands underlying the Strawberry Substation.
            (5) Distribution fixture lands.--The term ``distribution 
        fixture lands'' means all Federal lands and interests in lands 
        where the fixtures are located on the date of the enactment of 
        this Act and which are unencumbered by other Strawberry Valley 
        Project features, to a maximum corridor width of 30 feet on 
        each side of the centerline of the fixtures' power lines as 
        those lines exist on the date of the enactment of this Act.
            (6) Shared power poles.--The term ``shared power poles'' 
        means poles that comprise those portions of the Strawberry 
        Valley Project Power Transmission System, that are rated at a 
        voltage of 46.0 kilovolts, are owned by the United States, and 
        support fixtures of the Electric Distribution System.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. CONVEYANCE OF ELECTRIC DISTRIBUTION SYSTEM.

    (a) In General.--Inasmuch as the Strawberry Water Users Association 
conveyed its interest, if any, in the Electric Distribution System to 
the District by a contract dated April 7, 1986, and in consideration of 
the District assuming from the United States all liability for 
administration, operation, maintenance, and replacement of the Electric 
Distribution System, the Secretary shall, as soon as practicable after 
the date of the enactment of this Act and in accordance with all 
applicable law convey and assign to the District without charge or 
further consideration--
            (1) all of the United States right, title, and interest 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) license for use in perpetuity of the shared power poles 
        to continue to own, operate, maintain, and replace Electric 
        Distribution Fixtures attached to the shared power poles; and
            (3) licenses for use and for access in perpetuity for 
        purposes of operation, maintenance, and replacement across, 
        over, and along--
                    (A) all project lands and interests in irrigation 
                and power facilities lands where the Electric 
                Distribution System is located on the date of the 
                enactment of this Act that are necessary for other 
                Strawberry Valley Project facilities (the ownership of 
                such underlying lands or interests in lands shall 
                remain with the United States), including lands 
                underlying the Strawberry Substation; and
                    (B) such corridors where Federal lands and 
                interests in lands--
                            (i) are abutting public streets and roads; 
                        and
                            (ii) can provide access that will 
                        facilitate operation, maintenance, and 
                        replacement of facilities.
    (b) Compliance With Environmental Laws.--
            (1) In general.--Before conveying lands, interest in lands, 
        and fixtures under subsection (a), 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 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.).
    (c) Power Generation and 46kV Transmission Facilities Excluded.--
Except for the uses as granted by license in Shared Power Poles under 
section 3(a)(2), nothing in this Act shall be construed to grant or 
convey to the District or any other party, any interest in any 
facilities shared or otherwise that comprise a portion of the 
Strawberry Valley Project power generation system or the federally 
owned portions of the 46 kilovolt transmission system which ownership 
shall remain in the United States.

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, including the transaction of April 7, 
        1986, between the Strawberry Water Users Association and 
        Strawberry Electric Service District.

SEC. 5. REPORT.

    If a conveyance required under section 3 is not completed by the 
date that is 1 year after the date of the enactment of this Act, not 
later than 30 days after that date, 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.
                                                       Calendar No. 291

112th CONGRESS

  2d Session

                               H. R. 461

                          [Report No. 112-130]

_______________________________________________________________________

                                 AN ACT

   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.

_______________________________________________________________________

                            January 13, 2012

                       Reported without amendment