[Congressional Record Volume 159, Number 82 (Tuesday, June 11, 2013)]
[House]
[Pages H3264-H3265]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               SOUTH UTAH VALLEY ELECTRIC CONVEYANCE ACT

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 251) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 251

       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 
Washington (Mr. Hastings) and the gentleman from Arizona (Mr. Grijalva) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. I yield myself as much time as I may 
consume.
  Mr. Speaker, H.R. 251, sponsored by our colleague from Utah (Mr. 
Chaffetz) transfers the Federal title of an electricity distribution 
system to a local entity that already operates and maintains the 
system. This transfer resolves ownership uncertainty due to a Federal 
paperwork error, gives the local electricity provider equity to 
leverage capital investment, and reduces Federal liability and cost.
  Congress has passed over two dozen similar transfers, including one 
in my district, the Yakima-Tieton transfer, under both Republican and 
Democrat majorities. The House passed this identical transfer bill by a 
voice vote in the last Congress due to its noncontroversial and 
commonsense nature. So I urge my colleagues to support its adoption 
once again.
  I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, H.R. 251, as indicated by the chairman, seeks to 
transfer title on portions of the South Utah Valley electric 
distribution system from the Bureau of Reclamation to the South Utah 
Valley Electric Service District.
  Current reclamation law requires that title to reclamation projects, 
land, and facilities remain with the United States until specifically 
authorized by Congress. Similar legislation passed the House on 
suspension last Congress, and we have no objection to H.R. 251.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I'm very pleased to yield 3

[[Page H3265]]

minutes to the gentleman from Utah (Mr. Chaffetz), the sponsor of this 
legislation.
  Mr. CHAFFETZ. Mr. Speaker, I want to thank the chairman and the 
ranking member here for their consideration. This is a good, 
commonsense bill. It passed out of the Congress last time, and I 
appreciate the bipartisan nature, particularly the gentleman from 
Arizona (Mr. Grijalva), for his positive words in the passage of this 
piece of legislation.
  H.R. 251, the South Utah Valley Electric Conveyance Act, transfers 
title on certain portions of the electric distribution system operated 
by the South Utah Valley Electric Service District, SESD, from the 
Bureau of Reclamation to SESD. Local users repaid all applicable 
construction costs to the Federal Government decades ago.

                              {time}  1710

  This bill, H.R. 251, is needed because in order to become more 
efficient and more effective, ownership needs to be transferred. The 
system is part of the larger Strawberry Valley Project, which began in 
1906.
  This title transfer benefits the Federal taxpayers and the local 
communities that use the system. The transfer of title will divest the 
Bureau of Reclamation of Federal liability while providing SESD greater 
autonomy and flexibility to manage facilities in a manner that best 
meets its needs.
  H.R. 251 is consistent with existing Federal policy, and since 1996, 
as the chairman mentioned, there have been roughly 27 Bureau of 
Reclamation projects to local entities that have gone through this 
transfer type of process. An identical bill, H.R. 461, passed in the 
House in the 112th Congress by voice vote, passed this September 23 of 
2011.
  I urge my colleagues to vote ``yes.'' I appreciate, again, the good 
work on both sides of the aisle to help pass this, and I urge a ``yes'' 
vote.
  Mr. HASTINGS of Washington. Mr. Speaker, I have no further requests. 
If the gentleman from Arizona is prepared to yield back, I'm prepared 
to yield back.
  Mr. GRIJALVA. Thank you, Mr. Chairman. I yield back the balance of my 
time.
  Mr. HASTINGS of Washington. I yield back the balance of my time and 
urge adoption of the legislation.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the 
rules and pass the bill, H.R. 251.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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