II 

118TH CONGRESS 

1ST 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 

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: 

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

6 means the agreement between the United States and 

7 the Association dated September 6, 1917. 


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

2 means the Salt River Valley Water Users’ Associa3 tion. 

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

5 means the portion of the National Forest System 

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

7 the March 9, 1903, 1-mile withdrawal area for Rec8 lamation purposes extending an additional 2 miles 

9 from the Salt River at Roosevelt Dam to 18.25 river 

10 miles downstream, not including the Superstition 

11 Mountain Wilderness Area and the Tonto National 

12 Monument, as depicted on the Map. 

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

14 Salt River Project Agricultural Improvement and 

15 Power District. 

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

17 prepared under subsection (e)(1). 

18 (6) SRP.—The term ‘‘SRP’’ means— 

19 (A) the District; and 

20 (B) the Association. 

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

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

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

24 the exclusive right to use the covered land and interests 

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


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1 transmission of electrical power and energy for the use 

2 and benefit of the Salt River Federal Reclamation Project 

3 pursuant to the Agreement. 

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

5 land is permanently withdrawn from— 

6 (1) all forms of entry, appropriation, and dis7 posal under the public land laws; 

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

9 laws; and 

10 (3) operation of the mineral leasing, mineral 

11 materials, and geothermal leasing laws. 

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

13 constructed by SRP on the covered land for the develop14 ment, generation, and transmission of electrical power and 

15 energy— 

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

17 part of the Salt River Federal Reclamation Project 

18 pursuant to— 

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

20 (32 Stat. 389, chapter 1093; 43 U.S.C. 498); 

21 and 

22 (B) the Agreement; and 

23 (2) 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 

3 Agriculture shall prepare a map depicting the 

4 boundary of the covered land. 

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

6 and available for public inspection in the appropriate 

7 offices of the Forest Service and the Bureau of Rec8 lamation. 

Æ 


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