[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 25 Reported in Senate (RS)]
Calendar No. 46
113th CONGRESS
1st Session
S. 25
[Report No. 113-15]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22 (legislative day, January 3), 2013
Mr. Hatch (for himself and Mr. Lee) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
April 22, 2013
Reported by Mr. Wyden, without amendment
_______________________________________________________________________
A BILL
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.
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--
(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.
Calendar No. 46
113th CONGRESS
1st Session
S. 25
[Report No. 113-15]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
April 22, 2013
Reported without amendment