II 

Calendar No. 579 

118TH CONGRESS 

2D SESSION S. 739 

To clarify jurisdiction with respect to certain Bureau of Reclamation pumped 

storage development, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2023 

Mr. KELLY (for himself and Ms. SINEMA) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

NOVEMBER 21, 2024 

Reported by Mr. MANCHIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To clarify jurisdiction with respect to certain Bureau of 

Reclamation pumped storage development, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. LAND WITHDRAWAL AND RESERVATION. 

4 (a) DEFINITIONS.—In this section: 


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1 (1) AGREEMENT.—The term ‘‘Agreement’’ 

2 means the agreement between the United States and 

3 the Association dated September 6, 1917. 

4 (2) ASSOCIATION.—The term ‘‘Association’’ 

5 means the Salt River Valley Water Users’ Associa6 tion. 

7 (3) COVERED LAND.—The term ‘‘covered land’’ 

8 means the portion of the National Forest System 

9 land located on the south side of the Salt River from 

10 the March 9, 1903, 1-mile withdrawal area for Rec11 lamation purposes extending an additional 2 miles 

12 from the Salt River at Roosevelt Dam to 18.25 river 

13 miles downstream, not including the Superstition 

14 Mountain Wilderness Area and the Tonto National 

15 Monument, as depicted on the Map. 

16 (4) DISTRICT.—The term ‘‘District’’ means the 

17 Salt River Project Agricultural Improvement and 

18 Power District. 

19 (5) MAP.—The term ‘‘Map’’ means the map 

20 prepared under subsection (e)(1). 

21 (6) SRP.—The term ‘‘SRP’’ means— 

22 (A) the District; and 

23 (B) the Association. 

24 (b) RESERVATION OF COVERED LAND.—Subject to 

25 valid existing rights, the covered land is reserved to the 


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1 United States, through the Secretary of the Interior, for 

2 the exclusive right to use the covered land and interests 

3 in the covered land for the development, generation, and 

4 transmission of electrical power and energy for the use 

5 and benefit of the Salt River Federal Reclamation Project 

6 pursuant to the Agreement. 

7 (c) WITHDRAWAL OF COVERED LAND.—The covered 

8 land is permanently withdrawn from— 

9 (1) all forms of entry, appropriation, and dis10 posal under the public land laws; 

11 (2) location, entry, and patent under the mining 

12 laws; and 

13 (3) operation of the mineral leasing, mineral 

14 materials, and geothermal leasing laws. 

15 (d) TITLE TO FACILITIES.—With respect to facilities 

16 constructed by SRP on the covered land for the develop17 ment, generation, and transmission of electrical power and 

18 energy— 

19 (1) title shall be held by the United States as 

20 part of the Salt River Federal Reclamation Project 

21 pursuant to— 

22 (A) section 6 of the Act of June 17, 1902 

23 (32 Stat. 389, chapter 1093; 43 U.S.C. 498); 

24 and 

25 (B) the Agreement; and 


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1 (2) SRP shall be responsible for the care, oper2 ation, and maintenance pursuant to the Agreement. 

3 (e) MAP.— 

4 (1) IN GENERAL.—As soon as practicable after 

5 the date of enactment of this Act, the Secretary of 

6 Agriculture shall prepare a map depicting the 

7 boundary of the covered land. 

8 (2) AVAILABILITY.—The Map shall be on file 

9 and available for public inspection in the appropriate 

10 offices of the Forest Service and the Bureau of Rec11 lamation. 

12 SECTION 1. LAND WITHDRAWAL AND RESERVATION. 

13 (a) DEFINITIONS.—In this section: 

14 (1) AGREEMENT.—The term ‘‘Agreement’’ means 

15 the agreement between the United States and the As16 sociation dated September 6, 1917, as amended. 

17 (2) ASSOCIATION.—The term ‘‘Association’’ 

18 means the Salt River Valley Water Users’ Associa19 tion. 

20 (3) COVERED LAND.—The term ‘‘covered land’’ 

21 means the portion of the National Forest System land 

22 located on the south side of the Salt River from the 

23 March 9, 1903, 1-mile withdrawal area for Bureau of 

24 Reclamation purposes extending an additional 2 

25 miles from the Salt River at Roosevelt Dam to 18.25 


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1 river miles downstream, in the State of Arizona, not 

2 including the Superstition Mountain Wilderness Area 

3 and the Tonto National Monument, as depicted on the 

4 Map. 

5 (4) DISTRICT.—The term ‘‘District’’ means the 

6 Salt River Project Agricultural Improvement and 

7 Power District. 

8 (5) MAP.—The term ‘‘Map’’ means the map pre9 pared under subsection (e)(1). 

10 (6) SRP.—The term ‘‘SRP’’ means— 

11 (A) the District; and 

12 (B) the Association. 

13 (b) RESERVATION OF COVERED LAND.—Subject to 

14 valid existing rights, the covered land is reserved to the 

15 United States, through the Secretary of the Interior, for the 

16 exclusive right to use the covered land and interests in the 

17 covered land for the development, generation, and trans18 mission of electrical power and energy for the use and ben19 efit of the Salt River Federal Reclamation Project pursuant 

20 to the Agreement. 

21 (c) WITHDRAWAL OF COVERED LAND.—The covered 

22 land is permanently withdrawn from— 

23 (1) all forms of entry, appropriation, and dis24 posal under the public land laws; 


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1 (2) location, entry, and patent under the mining 

2 laws; and 

3 (3) operation of the mineral leasing, mineral 

4 materials, and geothermal leasing laws. 

5 (d) FACILITIES.—With respect to facilities constructed 

6 by SRP on the covered land for the development, generation, 

7 and transmission of electrical power and energy— 

8 (1) the design and specifications shall conform to 

9 Bureau of Reclamation standards and final designs 

10 shall be subject to review and approval by the Sec11 retary of the Interior; 

12 (2) all construction work shall be subject to in13 spection and approval by the Secretary of the Inte14 rior; 

15 (3) on a determination of substantial completion 

16 of the applicable facilities, the Secretary of the Inte17 rior shall accept title on behalf of the United States 

18 as part of the Salt River Federal Reclamation Project 

19 pursuant to— 

20 (A) section 6 of the Act of June 17, 1902 

21 (32 Stat. 389, chapter 1093; 43 U.S.C. 498); and 

22 (B) the Agreement; and 

23 (4) SRP shall be responsible for the care, oper24 ation, and maintenance pursuant to the Agreement. 

25 (e) MAP.— 


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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of this Act, the Secretary of Ag3 riculture shall prepare a map depicting the boundary 

4 of the covered land. 

5 (2) AVAILABILITY.—The Map shall be on file and 

6 available for public inspection in the appropriate of7 fices of the Forest Service and the Bureau of Rec8 lamation. 

9 (f) MANAGEMENT OF COVERED LAND.—The covered 

10 land shall be managed in accordance with the memorandum 

11 entitled ‘‘Management Memorandum among the Salt River 

12 Project Agricultural Improvement and Power District, 

13 United States Department of Agriculture Forest Service 

14 and United States Bureau of Reclamation’’ and dated April 

15 27, 1979, as amended. 


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Calendar No. 579 

118TH CONGRESS 

2D SESSION S. 739 

A BILL 

To clarify jurisdiction with respect to certain Bument, and for other purposes. reau of Reclamation pumped storage developNOVEMBER 21, 2024 

Reported with an amendment 


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