[Congressional Record Volume 159, Number 88 (Wednesday, June 19, 2013)]
[Senate]
[Pages S4717-S4718]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               SOUTH UTAH VALLEY ELECTRIC CONVEYANCE ACT

  The bill (S. 25) 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, 
was ordered to be engrossed for a third reading, was read the third 
time, and passed, as follows:

                                 S. 25

       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 enactment of this Act and in 
     accordance with 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--

[[Page S4718]]

       (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 
     the 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, the Secretary shall, not later than 30 days after 
     that date, 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.

                          ____________________