[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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