[Senate Report 112-48]
[From the U.S. Government Publishing Office]
Calendar No. 128
112th Congress Report
SENATE
1st Session 112-48
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C.C. CRAGIN DAM AND RESERVOIR PROJECT
_______
August 30 (legislative day August 2), 2011.--Ordered to be printed
Filed, under authority of the order of the Senate of August 2, 2011
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 201]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 201) 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 without amendment and
recommends that the bill do pass.
PURPOSE
The purpose of S. 201 is to clarify the jurisdiction of the
Secretary of the Interior with respect to the C.C. Cragin Dam
and Reservoir in the State of Arizona.
BACKGROUND AND NEED
The C.C. Cragin Project (``Cragin Project'') is a component
of the Bureau of Reclamation's Salt River Project and is
located on approximately 512 acres of land within the Coconino
and Tonto National Forests in Arizona. The Cragin Project
consists of the C.C. Cragin Dam and Reservoir, an 11.5-mile
utility corridor containing an electric transmission line and a
water pipeline, and other associated facilities. The Cragin
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 Cragin 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 Cragin Project pursuant to the 2004 Act
resulted in a unique situation prompting legislation on the
subject to clarify the respective jurisdiction of the Forest
Service and the Bureau of Reclamation.
LEGISLATIVE HISTORY
Senator McCain introduced S. 201 on January 26, 2011. The
bill is co-sponsored by Senator Kyl. The Committee on Energy
and Natural Resources held a hearing on S. 201 on May 19, 2011
and considered the bill its business meeting on July 14, 2011.
The Committee ordered S. 201 favorably reported without
amendment.
A similar bill, H.R. 489, was reported by the Committee on
Natural Resources of the House of Representatives on July 20,
2011 (H. Rpt. 112-160).
During the 111th Congress, the Committee considered
identical legislation, S. 1080, sponsored by Senators McCain
and Kyl. The Subcommittee on Water and Power held a hearing on
S. 1080 on July 23, 2009 (S. Hrg. 111-91) and the Committee
ordered S. 1080 favorably reported with an amendment in the
nature of a substitute on June 21, 2010 (S. Rpt. 111-255).
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on July 14, 2011, by voice vote of a
quorum present, recommends that the Senate pass S. 201.
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. 201--A bill to clarify the jurisdiction of the Secretary of the
Interior with respect to the C.C. Cragin Dam and Reservoir
S. 201 would clarify that the Secretary of the Interior has
exclusive jurisdiction to manage the C.C. Cragin Dam and
Reservoir, an area including about 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 have
no significant impact on the federal budget. Because the
legislation would not affect direct spending or revenues, pay-
as-you-go procedures do not apply.
The Arizona Water Settlements Act of 2004 transferred
administrative authority for the C.C. Cragin Dam, Reservoir,
and 10 miles of existing 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 operating and maintaining 10 miles of pipeline
and constructing 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 be the sole manager of the project.
S. 201 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On June 24, 2011, CB0 transmitted a cost estimate for H.R.
489, a bill to clarify the jurisdiction of the Secretary of the
Interior with respect to the C.C. Cragin Dam and Reservoir, as
ordered reported by the House Committee on Natural Resources,
on June 15, 2011. The two pieces of legislation are similar and
CBO's cost estimates are the same.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was approved by Theresa Gullo, Deputy 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. 201.
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. 201, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 201, 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 testimony provided by the Bureau of Reclamation at the
May 19, 2011, Subcommittee on Water and Power hearing on S. 201
follows:
Statement of David Murillo, Deputy Commissioner, Operations, Bureau of
Reclamation, Department of the Interior
Madam Chairman and Members of the Subcommittee, I am David
Murillo, Deputy Commissioner of Operations of the Bureau of
Reclamation (Reclamation). Thank you for the opportunity to
provide the views of the U.S. Department of the Interior
(Department) on S. 201, legislation specific to lands
underlying the C.C. Cragin Dam, Reservoir and utility corridor
(C.C. Cragin project) in Arizona. 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.
Language included in the Arizona Water Settlements Act
(AWSA, Public Law 108-451) created questions about the
respective jurisdiction of the U.S. Forest Service (Forest
Service) and Reclamation related to the C.C. Cragin project. We
have come to an agreement that we think can resolve this issue.
This legislation is consistent with that arrangement. We look
forward to continue working with the Committee on reaching a
resolution.
Reclamation and the Forest Service worked closely with the
Salt River Project Agricultural Improvement and Power District
(SRP), the entity that operates and maintains the C.C. Cragin
project under the AWSA, and reached agreement in mid-2010 on
legislation to clarify jurisdiction of the Federal agencies.
The legislation, S. 1080, was considered during the 2nd session
of the 111th Congress. The bill was not enacted during the last
Congress, but both S. 201 and its companion bill, H.R. 489,
contain the same provisions as S. 1080, as reported.
This legislation accommodates the needs of Reclamation and
SRP by ceding exclusive administrative jurisdiction over the
lands underlying the C.C. Cragin project to Reclamation and by
expressly acknowledging SRP's responsibility for operating and
maintaining the C.C. Cragin project pursuant to the AWSA and
the 1917 agreement between the Department and SRP. This is a
unique situation due to the AWSA. In addition, this approach
accommodates the Forest Service by allowing the agency to
manage the lands underlying the utility corridor with respect
to recreation, wildfire, law enforcement, and other activities
consistent with the Forest Service's authorities,
responsibilities, and expertise; the AWSA; the 1917 agreement;
and the existing right-of-way over the utility corridor held by
another party. 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
C.C. Cragin project, including watershed, wildlife habitat,
range, and vegetation management. S. 201 allows for a workable
agreement for both day-to-day activities and other activities
that will improve the management and safety of the covered
land. The Administration believes that this legislation
provides a sound approach for future management of the C.C.
Cragin project. Both Reclamation and the Forest Service are
committed to working diligently with SRP to ensure needed work
for the C.C. Cragin project can be accomplished expeditiously,
including any necessary emergency and non-emergency repairs and
replacement of improvements, in full compliance with applicable
law, including the National Environmental Policy Act and the
Endangered Species Act, as provided in the AWSA.
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 dams and reservoirs and protection of
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.
This concludes my testimony. I will 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. 201, as ordered
reported.