[Senate Report 111-255]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 525
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-255

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                     C.C. CRAGIN DAM AND RESERVOIR

                                _______
                                

                 August 5, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1080]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1080) to clarify the jurisdiction of the 
Secretary of the Interior with respect to the C.C. Cragin Dam 
and Reservoir, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. LAND WITHDRAWAL AND RESERVATION FOR CRAGIN PROJECT.

    (a) Definitions.--In this section:
          (1) Covered land.--The term ``covered land'' means the parcel 
        of land consisting of approximately 512 acres, as generally 
        depicted on the Map, that consists of--
                  (A) approximately 300 feet of the crest of the Cragin 
                Dam and associated spillway;
                  (B) the reservoir pool of the Cragin Dam that 
                consists of approximately 250 acres defined by the high 
                water mark; and
                  (C) the linear corridor.
          (2) Cragin project.--The term ``Cragin Project'' means--
                  (A) the Cragin Dam and associated spillway;
                  (B) the reservoir pool of the Cragin Dam; and
                  (C) any pipelines, linear improvements, buildings, 
                hydroelectric generating facilities, priming tanks, 
                transmission, telephone, and fiber optic lines, pumps, 
                machinery, tools, appliances, and other District or 
                Bureau of Reclamation structures and facilities used 
                for the Cragin Project.
          (3) District.--The term ``District'' means the Salt River 
        Project Agricultural Improvement and Power District.
          (4) Land management activity.--The term ``land management 
        activity'' includes, with respect to the covered land, the 
        management of--
                  (A) recreation;
                  (B) grazing;
                  (C) wildland fire;
                  (D) public conduct;
                  (E) commercial activities that are not part of the 
                Cragin Project;
                  (F) cultural resources;
                  (G) invasive species;
                  (H) timber and hazardous fuels;
                  (I) travel;
                  (J) law enforcement; and
                  (K) roads and trails.
          (5) Linear corridor.--The term ``linear corridor'' means a 
        corridor of land comprising approximately 262 acres--
                  (A) the width of which is approximately 200 feet;
                  (B) the length of which is approximately 11.5 miles;
                  (C) of which approximately 0.7 miles consists of an 
                underground tunnel; and
                  (D) that is generally depicted on the Map.
          (6) Map.--The term ``Map'' means sheets 1 and 2 of the maps 
        entitled ``C.C. Cragin Project Withdrawal'' and dated June 17, 
        2008.
          (7) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture, acting through the Chief of the Forest Service.
    (b) Withdrawal of Covered Land.--Subject to valid existing rights, 
the covered land is permanently withdrawn from all forms of--
          (1) entry, appropriation, or disposal under the public land 
        laws;
          (2) location, entry, and patent under the mining laws; and
          (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
    (c) Map.--
          (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary of the Interior, in 
        coordination with the Secretary, shall prepare a map and legal 
        description of the covered land.
          (2) Force and effect.--The map and legal description prepared 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary of the Interior 
        may correct clerical and typographical errors.
          (3) Availability.--The map and legal description prepared 
        under paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the Forest Service and 
        Bureau of Reclamation.
    (d) Jurisdiction and Duties.--
          (1) Jurisdiction of the secretary of the interior.--
                  (A) In general.--Except as provided in subsection 
                (e), the Secretary of the Interior, acting through the 
                Commissioner of Reclamation, shall have exclusive 
                administrative jurisdiction to manage the Cragin 
                Project in accordance with this Act and section 213(i) 
                of the Arizona Water Settlements Act (Public Law 108-
                451; 118 Stat. 3533) on the covered land.
                  (B) Inclusion.--Notwithstanding subsection (e), the 
                jurisdiction under subparagraph (A) shall include 
                access to the Cragin Project by the District.
          (2) Responsibility of secretary of the interior and 
        district.--In accordance with paragraphs (4)(B) and (5) of 
        section 213(i) of the Arizona Water Settlements Act (Public Law 
        108-451; 118 Stat. 3533), the Secretary of the Interior and the 
        District shall--
                  (A) ensure the compliance of each activity carried 
                out at the Cragin Project with each applicable Federal 
                environmental law (including regulations); and
                  (B) coordinate with appropriate Federal agencies in 
                ensuring the compliance under subparagraph (A).
    (e) Land Management Activities on Covered Land.--
          (1) In general.--The Secretary shall have administrative 
        jurisdiction over land management activities on the covered 
        land and other appropriate management activities pursuant to an 
        agreement under paragraph (2) that do not conflict with, or 
        adversely affect, the operation, maintenance, or replacement 
        (including repair) of the Cragin Project, as determined by the 
        Secretary of the Interior.
          (2) Interagency agreement.--The Secretary and the Secretary 
        of the Interior, in coordination with the District, may enter 
        into an agreement under which the Secretary may--
                  (A) undertake any other appropriate management 
                activity in accordance with applicable law that will 
                improve the management and safety of the covered land 
                and other land managed by the Secretary if the activity 
                does not conflict with, or adversely affect, the 
                operation, maintenance, or replacement (including 
                repair) of the Cragin Project, as determined by the 
                Secretary of the Interior; and
                  (B) carry out any emergency activities, such as fire 
                suppression, on the covered land.

                                PURPOSE

    The purpose of S. 1080 is to clarify the administrative 
jurisdiction of the Secretaries of the Interior and Ariculture 
with respect to certain Federal land in the State of Arizona.

                          BACKGROUND AND NEED

    The C.C. Cragin Project (``Project'') is a reclamation 
project located on approximately 512 acres of land within the 
Coconino and Tonto National Forests in Arizona. The Project 
consists of the C.C. Cragin Dam and Reservoir, an approximately 
11.5-mile utility corridor containing an electric transmission 
line and a water pipeline, and other associated facilities. The 
project was acquired by the United States pursuant to section 
213(i) of the Arizona Water Settlements Act of 2004, Public Law 
108-451, which authorized the Secretary of the Interior to 
accept title to the C.C. Cragin Dam and Reservoir and directed 
the Salt River Valley Water Users' Association and the Salt 
River Project Agricultural Improvement and Power District 
(``District'') to be responsible for the care, operation, and 
maintenance of the Project pursuant to a 1917 contract between 
the United States and the Association.
    The Bureau of Reclamation and the Forest Service generally 
coordinate the administration of National Forest System land on 
which Bureau of Reclamation projects are located pursuant to a 
1948 Memorandum of Understanding. The District, the Forest 
Service, and the Bureau of Reclamation entered into a more 
specific agreement in 1979 relating to the management of the 
Salt River Project within the Tonto National Forest. However, 
the acquisition of the Project pursuant to the 2004 Act 
resulted in a unique situation that neither document adequately 
addressed.
    Legislation is needed to clarify the respective roles of 
the Bureau of Reclamation and the Forest Service with respect 
to the management of the Project and the Federal lands it 
occupies. S. 1080 confers exclusive administrative jurisdiction 
to the Bureau of Reclamation to manage the Project, while 
conferring administrative jurisdiction over certain land 
management activities on the Federal lands occupied by the 
Project to the Forest Service.

                          LEGISLATIVE HISTORY

    On May 19, 2009, Senator McCain and Senator Kyl introduced 
S. 1080. The subcommittee on Water and Power held a hearing on 
S. 1080 on July 23, 2009 (S. Hrg. 111-91). The Committee on 
Energy and Natural Resources considered the bill and adopted an 
amendment in the nature of a substitute at its business meeting 
on June 16, 2010. The Committee ordered S. 1080 favorably 
reported with an amendment in the nature of a substitute at its 
business meeting on June 21, 2010.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on June 21, 2010, by voice vote of a quorum 
present, recommends that the Senate pass S. 1080, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1080, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
includes a number of technical changes and new provisions that 
specifically define the administrative jurisdiction of the 
Forest Service. The amendment is explained in detail in the 
section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1(a) defines key terms used in the bill.
    Subsection (b) permanently withdraws the covered land, 
subject to valid existing rights, from all forms of entry, 
appropriation, or disposal under the public land laws, entry 
and patent under the mining laws, and disposition under all 
laws pertaining to mineral and geothermal leasing or mineral 
materials.
    Subsection (c) requires the Secretary of the Interior, in 
coordination with the Secretary of Agriculture, to prepare a 
map and legal description of the covered land.
    Subsection (d) confers exclusive administrative 
jurisdiction, except as provided in subsection (e), to the 
Secretary of the Interior, acting through the Commissioner of 
Reclamation, to manage the Project on the covered land. 
Included in the Secretary of the Interior's administrative 
jurisdiction is authority to control Project access by the 
District on the covered land. This subsection also states that 
the Secretary of the Interior and the District shall ensure 
compliance with applicable Federal environmental laws and 
regulations in operating, maintaining, or replacing the 
Project.
    Subsection (e) confers administrative jurisdiction to the 
Secretary of Agriculture over specific land management 
activities on the covered land that do not conflict with or 
adversely affect the operation, maintenance or replacement of 
the Project. Paragraph (2) authorizes the Secretaries to enter 
into an agreement regarding additional management activities 
that may be undertaken by the Secretary of Agriculture, 
including emergency activities such as fire suppression.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1080--A bill to clarify the jurisdiction of the Secretary of the 
        Interior with respect to the C.C. Cragin Dam and Reservoir

    S. 1080 would clarify the exclusive administrative 
jurisdiction of the Secretary of the Interior to manage the 
C.C. Cragin Dam and Reservoir, an area consisting of 
approximately 512 acres of land within the Coconino and Tonto 
National Forests in northern Arizona. Based on information from 
the Bureau of Reclamation and the Forest Service, CBO estimates 
that enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures would not 
apply.
    The Arizona Water Settlements Act of 2004 transferred the 
C.C. Cragin Dam, Reservoir, and 10 miles of pipeline to the 
Bureau of Reclamation. The legislation did not explicitly 
divest the Forest Service from managing the underlying National 
Forest lands, resulting in uncertainty over which agency has 
the authority to approve management activities for the Cragin 
Project. The Cragin project involves the operation and 
maintenance of 10 miles of pipeline and the construction of 
14.5 miles of additional pipeline to deliver water to Northern 
Gila County. Currently, the project is subject to the approval 
requirements of both agencies. The legislation would clarify 
the authority of the Bureau of Reclamation to manage the 
project.
    S. 1080 contains no intergovernmental mandates or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1080.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1080, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1080, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at the hearing on S. 1080 on July 23, 
2009, which is printed below.

 Statement of Michael L. Connor, Commissioner, Bureau of Reclamation, 
                       Department of the Interior

    Madam Chairwoman and Members of the Subcommittee, I am Mike 
Connor, Commissioner of the Bureau of Reclamation 
(Reclamation). I am pleased to be here today on behalf of the 
Department of the Interior (Department) to discuss S. 1080, the 
Land Withdrawal and Reservation for C.C. Cragin Dam and 
Reservoir. The legislation seeks to clarify Federal 
jurisdiction with respect to the C.C. Cragin project, which 
includes a dam, reservoir, and 11.5-mile utility corridor 
containing a transmission line and high-pressure pipeline. The 
project is located nearly entirely within the Coconino National 
Forest in north-central Arizona.
    The Administration appreciates the interest of the Salt 
River Project Agricultural Improvement and Power District (SRP) 
to reach prompt resolution of the management responsibilities 
of the Departments of Agriculture and the Interior, and 
understands SRP's interest in promoting this legislation. 
However, the Administration would like to pursue an 
administrative resolution among the parties. The two federal 
agencies (Reclamation and the Forest Service) have recently 
reengaged on this issue and would like an opportunity to 
explore further discussions with SRP to that end. As this 
effort proceeds, we would commit to keep the Committee updated 
on the progress of those discussions.
    Reclamation and the Forest Service hope to be able to 
negotiate and enter into an agreement with SRP for operation 
and maintenance of the Cragin project in a manner that will 
fulfill the roles, obligations, and responsibilities of all 
three parties. This approach would accommodate Reclamation and 
SRP by ceding full control of the lands underlying the dam and 
reservoir to Reclamation and by expressly acknowledging SRP's 
right to operate and maintain the dam, reservoir, and utility 
corridor pursuant to the Arizona Water Settlement Act (AWSA, 
Public Law 108-451) and the 1917 agreement between the 
Department of the Interior and SRP. In addition, this approach 
would accommodate the Forest Service by allowing the agency to 
manage the lands underlying the utility corridor for 
recreation, wildfire, law enforcement, and other activities 
consistent with the Forest Service's authorities and 
responsibilities, the AWSA, the 1917 agreement, and the 
existing right-of-way over the corridor held by another party. 
In particular, this approach would allow for integrated 
management of tens of thousands of acres of ecosystems across 
National Forest System lands underlying and adjacent to the 
Cragin project, including watershed, wildlife habitat, range, 
and vegetation management.
    The Administration recognizes that S. 1080 is intended to 
hasten the development of a workable management agreement. The 
Administration believes, however, that a sound approach for 
future management of the project could be arrived upon through 
further negotiations. Both Departments are committed to working 
expeditiously with SRP to ensure needed work for the project, 
including both emergency and non-emergency repairs and 
replacement of improvements.
    Reclamation's long-standing experience working with SRP 
over nearly a century has been very productive. SRP has proven 
to be a responsible and reliable operator and caretaker of U.S. 
interests and resources. Reclamation and SRP have nearly a 
century of responsible stewardship in regard to both the 
technical operation of project works and protection of the 
ancillary natural resources. It is our hope that combining that 
history with the Forest Service's land management authorities 
and expertise would result in even more effective stewardship.
    That concludes my prepared remarks. I would be pleased to 
answer any questions.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 1080, as ordered 
reported.

                                  
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