[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1607 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 213
118th CONGRESS
  1st Session
                                H. R. 1607

                          [Report No. 118-264]

 To clarify jurisdiction with respect to certain Bureau of Reclamation 
          pumped storage development, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2023

 Mr. Schweikert (for himself and Mr. Stanton) introduced the following 
     bill; which was referred to the Committee on Natural Resources

                            November 3, 2023

    Additional sponsors: Mrs. Lesko, Mr. Gallego, and Mr. Ciscomani

                            November 3, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               14, 2023]


_______________________________________________________________________

                                 A BILL


 
 To clarify jurisdiction with respect to certain Bureau of Reclamation 
          pumped storage development, 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. LAND WITHDRAWAL AND RESERVATION.

    (a) Definitions.--In this section:
            (1) Agreement.--The term ``Agreement'' means the agreement 
        between the United States and the Association dated September 
        6, 1917, as amended.
            (2) Association.--The term ``Association'' means the Salt 
        River Valley Water Users' Association.
            (3) Covered land.--The term ``covered land'' means the 
        portion of the National Forest System land located on the south 
        side of the Salt River from the March 9, 1903, 1-mile 
        withdrawal area for the Bureau of Reclamation purposes 
        extending an additional 2 miles from the Salt River at 
        Roosevelt Dam to 18.25 river miles downstream, in the State of 
        Arizona, not including the Superstition Mountain Wilderness 
        Area and the Tonto National Monument, as depicted on the Map.
            (4) District.--The term ``District'' means the Salt River 
        Project Agricultural Improvement and Power District.
            (5) Map.--The term ``Map'' means the map prepared under 
        subsection (e)(1).
            (6) SRP.--The term ``SRP'' means--
                    (A) the District; and
                    (B) the Association.
    (b) Reservation of Covered Land.--Subject to valid existing rights, 
the covered land is reserved to the United States, through the 
Secretary of the Interior, for the exclusive right to use the covered 
land and interests in the covered land for the development, generation, 
and transmission of electrical power and energy for the use and benefit 
of the Salt River Federal Reclamation Project pursuant to the 
Agreement.
    (c) Withdrawal of Covered Land.--The covered land is permanently 
withdrawn from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (d) Facilities.--With respect to facilities constructed by SRP on 
the covered land for the development, generation, and transmission of 
electrical power and energy--
            (1) the design and specifications shall conform to Bureau 
        of Reclamation standards, and final designs shall be subject to 
        review and approval by the Secretary of the Interior;
            (2) all construction work shall be subject to inspection 
        and approval by the Secretary of the Interior;
            (3) upon a determination of substantial completion of such 
        facilities, the Secretary of the Interior shall accept title on 
        behalf of the United States as part of the Salt River Federal 
        Reclamation Project pursuant to--
                    (A) section 6 of the Act of June 17, 1902 (32 Stat. 
                389, chapter 1093; 43 U.S.C. 498); and
                    (B) the Agreement; and
            (4) SRP shall be responsible for the care, operation, and 
        maintenance pursuant to the Agreement.
    (e) Map.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary of Agriculture shall 
        prepare a map depicting the boundary of the covered land.
            (2) Availability.--The Map shall be on file and available 
        for public inspection in the appropriate offices of the Forest 
        Service and the Bureau of Reclamation.
    (f) Management of Covered Land.--Management of the covered lands 
shall be in accordance with the Management Memorandum among the 
District, United States Department of Agriculture, Forest Service, and 
the Bureau of Reclamation, dated April 27, 1979, as amended.
    (g) Relation to Other Law.--
            (1) Compliance with environmental laws.--The Secretary of 
        the Interior is directed to carry out all necessary 
        environmental compliance under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321, et seq.), the Endangered 
        Species Act of 1973 (16 U.S.C. 1531, et seq.), and all other 
        applicable environmental laws and regulations, prior to 
        construction of facilities on the covered land for the 
        development, generation, and transmission of electrical power 
        and energy.
            (2) Lead agency.--The Bureau of Reclamation shall be the 
        lead agency with respect to environmental compliance.
            (3) Withdrawal not major federal action.--The withdrawal of 
        the covered land shall not constitute a major Federal action 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321, et seq.).
            (4) Antideficiency.--The United States shall not be liable 
        for failure to carry out any obligation or activity authorized 
        to be carried out under this title (including any such 
        obligation or activity under the Agreement) if adequate 
        appropriations are not provided by Congress expressly to carry 
        out the purposes of this Act.
                                                 Union Calendar No. 213

118th CONGRESS

  1st Session

                               H. R. 1607

                          [Report No. 118-264]

_______________________________________________________________________

                                 A BILL

 To clarify jurisdiction with respect to certain Bureau of Reclamation 
          pumped storage development, and for other purposes.

_______________________________________________________________________

                            November 3, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed