[Congressional Record Volume 160, Number 78 (Thursday, May 22, 2014)]
[Senate]
[Pages S3307-S3308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COLLINSVILLE RENEWABLE ENERGY PRODUCTION ACT
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COCONINO NATIONAL FOREST LAND CONVEYANCE
Mr. REID. Madam President, I ask unanimous consent that the Senate
proceed to the consideration of the following items en bloc: Calendar
No. 360, H.R. 862; and Calendar No. 123, H.R. 316.
There being no objection, the Senate proceeded to consider the bills
en bloc.
Mr. FLAKE. Madam President, I thank my colleagues for their prompt
consideration and passage of H.R. 862, a bill that would authorize the
conveyance of 2.67 acres within the Coconino National Forest to
landowners who built on those parcels in reliance on an erroneous
survey.
On Tuesday, a relatively small 4-acre wildfire started just north of
Sedona, AZ, near the Slide Rock State Park. It took less than 24 hours
for the Slide Fire, as it is being called, to explode through the
overgrown and dry vegetation and make its way up Oak Creek Canyon. In
less than 2 days, estimates put the fire at 4,800 acres. Unfortunately,
it appears poised to grow larger.
Some areas have already been evacuated and an estimated 3,200 people
in the Kachina Village and Forest Highland communities were put on pre-
evacuation notice last night. Nearby, the Mountainaire community sits
approximately five miles from the fire line. As they watch smoke fill
the sky near their homes, residents are preparing for the possibility
of having to evacuate. For some of those residents, the imminent fire
threat brings added uncertainly due to a longstanding boundary dispute.
The problem stems from an incorrect survey that was completed in
1960. Unbeknownst to the landowners, homes and other improvements were
built based on that errant work. In 2007, a subsequent survey revealed
the error and a number of landowners were alerted to the fact that
portions of their property are within the Coconino National Forest
boundary. As a result, these parcels have a cloud on their title that
needs to be resolved through a land conveyance.
The Slide Fire has brought the impact of this survey error into
further focus. Some of those homeowners have apparently been told by
their insurance companies that if the Slide Fire destroys their homes,
they will be compensated. However, it is unlikely they will be able to
rebuild on the property because of the boundary dispute.
In my view, the least we can do during this difficult time is remove
the boundary issue from the litany of concerns these families in the
Mountainaire community are dealing with right now. That is why Senator
McCain and I sought expedited consideration of H.R. 862 today through
the unanimous consent process. This bill, which was introduced by
Representatives Kirkpatrick and Gosar in the House, would enable the
conveyance of the 2.67 acres that are tied up in this longstanding
boundary issue to the private landowners.
The House passed this measure in June of last year by a vote of 395-
1, and it was favorably reported out of the Senate Energy and Natural
Resources Committee by voice vote late last year. The Forest Service
has also issued a statement signaling its support for this measure.
I am grateful to my colleagues in the Senate, in particular Senators
McCain, Landrieu, and Murkowski, for their
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support in moving this bill through the Senate today. It provides a
much needed sliver of good news for families that are dealing with a
significant threat. Likewise, I look forward to working my colleagues
to find a path forward to proactively address the catastrophic wildfire
situation that continues to plague the West.
Mr. REID. I ask unanimous consent that the committee-reported
substitute amendment to H.R. 316 be agreed to; that the bills, as
amended, where amended, be read a third time and passed en bloc; and
the motions to reconsider be laid upon the table with no intervening
action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute to H.R. 316 was
agreed to, as follows:
H.R. 316
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collinsville Renewable
Energy Production Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) License.--The term ``license'' means--
(A) the license for Commission project number 10822;
(B) the license for Commission project number 10823; or
(C) both.
(3) Town.--The term ``Town'' means the town of Canton,
Connecticut.
SEC. 3. REINSTATEMENT, EXTENSION, AND TRANSFER OF EXPIRED
LICENSES.
Notwithstanding the termination of the license, the
Commission may, at the request of the Town, in accordance
with section 4(a), and after reasonable notice--
(1) reinstate the licence;
(2) extend for 2 years after the date on which the license
is reinstated the time period during which the licensee is
required to commence the construction of the project subject
to the license; and
(3) subject to section 4, transfer the license to the Town.
SEC. 4. CONDITIONS OF TRANSFER.
(a) Application for Transfer.--The Town may request the
reinstatement, extension, and transfer of the license by
filing an application for approval of the transfer.
(b) Contents of Application.--The application for approval
of the transfer shall set forth in appropriate detail the
qualifications of the Town to hold the license and to operate
the property under license, which qualifications shall be the
same as those required of applicants for the license.
(c) Commission Approval.--The Commission may approve the
transfer on a showing that the transfer is in the public
interest.
(d) Terms and Conditions of Licenses.--The Town shall be
subject to--
(1) all the conditions of the license and all the
provisions and conditions of the Federal Power Act (16 U.S.C.
791a et seq.), as though the Town were the original licensee;
and
(2) any additional terms and conditions the Commission
determines to be necessary, including conditions for the
protection, mitigation, and enhancement of fish and wildlife
and related habitat under sections 10(j) and 18 of the
Federal Power Act (16 U.S.C. 803(j), 811).
SEC. 5. ADMINISTRATION.
The Commission shall supplement the environmental impact
statement or similar analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
prepared in connection with the issuance of the original
license to examine all new circumstances and information
relevant to environmental concerns and bearing on the
reinstatement of the license or the impact of the license.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 316), as amended, was read the third time and passed.
The bill (H.R. 862) was ordered to a third reading, was read the
third time, and passed.
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