S 201

112th CONGRESS
1st Session

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.

IN THE SENATE OF THE UNITED STATES

January 26, 2011

Mr. MCCAIN (for himself and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

To clarify the jurisdiction of the Secretary of the Interior with respect to the C.C. Cragin Dam and Reservoir, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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.

END