[Congressional Record Volume 157, Number 160 (Monday, October 24, 2011)]
[House]
[Pages H6994-H6995]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SOUTH UTAH VALLEY ELECTRIC CONVEYANCE ACT
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 461) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 461
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska (Mr. Young) and the gentlewoman from California (Mrs.
Napolitano) each will control 20 minutes.
The Chair recognizes the gentleman from Alaska.
General Leave
Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alaska?
There was no objection.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 461, sponsored by Congressman Jason Chaffetz of Utah, conveys
the federal title of electricity distribution lines to a local entity.
This transfer resolves ownership confusion caused by lack of proper
federal paperwork and will lead to more efficient management of the
project. The general concept of so-called title transfers is a
promising one: they place projects under local control; they reduce
federal paperwork; and they provide instant ownership equity for a
local entity to leverage private financing dollars. These benefits will
all be achieved without a cost to the American taxpayer. This bill is
an excellent example of a win-win scenario.
I urge adoption of the measure, and I reserve the balance of my time.
Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. NAPOLITANO asked and was given permission to revise and extend
her remarks.)
Mrs. NAPOLITANO. H.R. 461, as the majority mentioned, would transfer
title of an electric distribution system from the Bureau of Reclamation
to the South Utah Valley Electric Distribution system. The South Utah
Valley Electrical Distribution system already
[[Page H6995]]
operates and maintains the existing facilities. The act would eliminate
the Bureau of Reclamation's obligations to oversee the maintenance of
the distribution system and to administer the associated lands.
The Strawberry Valley Reclamation Project is a great example of the
important role the Federal Government has played in helping to spur the
economy of local communities in the West. Without Reclamation's
involvement years ago, it is very highly unlikely that we would be able
to transfer these facilities to the local entities today. So I commend
my friend and colleague, Congressman Chaffetz from Utah, for supporting
this important piece of legislation that helps the area so well.
I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I yield such time as he may consume
to the gentleman from Utah (Mr. Chaffetz).
Mr. CHAFFETZ. I rise in support of H.R. 461, the South Utah Valley
Electric Conveyance Act of 2011. I would first like to thank the
chairman and the ranking member of the Natural Resources Committee for
advancing this needed bill to the floor. It wouldn't have happened
without good support and consideration on both sides of the aisle. For
that I'm very grateful.
The South Utah Valley Electric Conveyance Act would clarify ownership
of an electric distribution system that was built as part of the
federally sponsored Strawberry Valley Project. Construction of the
Strawberry Valley Project began in 1906 and currently includes the
Strawberry Dam and Reservoir, diversion dams, canals, three power
plants, and a 296-mile electric transmission and distribution system.
Since 1906, various Federal, State, local, and private partners have
been involved in the construction, management, and ownership of the
Strawberry Valley Project. Currently, the nonfederal South Utah Valley
Electric Special Service District owns, operates, and maintains the
electric distribution system. Recently, the Bureau of Reclamation
discovered that portions of the electric distribution system remain
titled to the United States. This discrepancy exists due to the
construction activities that occurred both before and after a 1940
repayment agreement. The Bureau has not yet quantified how much of the
system it actually owns, but it has been predicted that an inventory
would take multiple years and be very costly to taxpayers.
The South Utah Valley Electric Conveyance Act would authorize a title
transfer to resolve this ownership uncertainty. By transferring title
of the entire system to the district, the Bureau would divest itself of
future Federal liability while also providing the district--the entity
already operating and maintaining this system--with greater certainty
and autonomy in day-to-day and long-term operations.
Title transfers are noncontroversial and common practice. Since 1996,
portions of 27 Bureau of Reclamation projects have been transferred to
nonFederal partners. These transfers benefit both parties. When the
Natural Resources Committee favorably forwarded the bill to the House
of Representatives, the accompanying report stated, ``In general, title
transfers benefit both local communities and the Federal Government.''
Further, the legislation is in line with the Bureau of Reclamation's
1995 framework for transfer of title. This policy outlined criteria
needed for the title transfers in order to move forward: Number one,
the Federal Treasury, and thereby the taxpayers' financial interest,
must be protected; Number two, there must be compliance with all
applicable State and Federal laws; Number three, interstate compacts
and agreements must be protected; Number four, the Secretary's Native
American trust responsibilities must be met; Number five, treaty
obligations and international agreements must be fulfilled; and Number
six, the public aspects of the project must be protected.
The South Utah Valley Electric Conveyance Act is in line with the
Bureau's framework. And, again, I would like to thank Chairman Hastings
and members of the Natural Resources Committee for advancing this bill
to the floor, and help on both sides of the aisle.
The South Utah Valley Electric Conveyance Act is beneficial to both
the Federal Government and localities in Utah's Third Congressional
District, and I would encourage my colleagues to support it.
Mrs. NAPOLITANO. Mr. Speaker, I yield back the balance of my time.
Mr. YOUNG of Alaska. I have no further requests for time, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Alaska (Mr. Young) that the House suspend the rules and
pass the bill, H.R. 461, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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