II 

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. 

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 FOR 

4 CRAGIN PROJECT. 

5 (a) DEFINITIONS.—In this section: 

6 (1) COVERED LAND.—The term ‘‘covered land’’ 

7 means the parcel of land consisting of approximately 

8 512 acres, as generally depicted on the Map, that 

9 consists of— 


pwalker on DSKD5P82C1PROD with BILLS
2 

•S 201 IS

1 (A) approximately 300 feet of the crest of 

2 the Cragin Dam and associated spillway; 

3 (B) the reservoir pool of the Cragin Dam 

4 that consists of approximately 250 acres de5 fined by the high water mark; and 

6 (C) the linear corridor. 

7 (2) CRAGIN PROJECT.—The term ‘‘Cragin 

8 Project’’ means— 

9 (A) the Cragin Dam and associated spill10 way; 

11 (B) the reservoir pool of the Cragin Dam; 

12 and 

13 (C) any pipelines, linear improvements, 

14 buildings, hydroelectric generating facilities, 

15 priming tanks, transmission, telephone, and 

16 fiber optic lines, pumps, machinery, tools, appli17 ances, and other District or Bureau of Rec18 lamation structures and facilities used for the 

19 Cragin Project. 

20 (3) DISTRICT.—The term ‘‘District’’ means the 

21 Salt River Project Agricultural Improvement and 

22 Power District. 

23 (4) LAND MANAGEMENT ACTIVITY.—The term 

24 ‘‘land management activity’’ includes, with respect 

25 to the covered land, the management of— 


pwalker on DSKD5P82C1PROD with BILLS
3 

•S 201 IS

1 (A) recreation; 

2 (B) grazing; 

3 (C) wildland fire; 

4 (D) public conduct; 

5 (E) commercial activities that are not part 

6 of the Cragin Project; 

7 (F) cultural resources; 

8 (G) invasive species; 

9 (H) timber and hazardous fuels; 

10 (I) travel; 

11 (J) law enforcement; and 

12 (K) roads and trails. 

13 (5) LINEAR CORRIDOR.—The term ‘‘linear cor14 ridor’’ means a corridor of land comprising approxi15 mately 262 acres— 

16 (A) the width of which is approximately 

17 200 feet; 

18 (B) the length of which is approximately 

19 11.5 miles; 

20 (C) of which approximately 0.7 miles con21 sists of an underground tunnel; and 

22 (D) that is generally depicted on the Map. 

23 (6) MAP.—The term ‘‘Map’’ means sheets 1 

24 and 2 of the maps entitled ‘‘C.C. Cragin Project 

25 Withdrawal’’ and dated June 17, 2008. 


pwalker on DSKD5P82C1PROD with BILLS
4 

•S 201 IS

1 (7) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Agriculture, acting through the 

3 Chief of the Forest Service. 

4 (b) WITHDRAWAL OF COVERED LAND.—Subject to 

5 valid existing rights, the covered land is permanently with6 drawn from all forms of— 

7 (1) entry, appropriation, or disposal under the 

8 public land laws; 

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

10 laws; and 

11 (3) disposition under all laws pertaining to min12 eral and geothermal leasing or mineral materials. 

13 (c) MAP.— 

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

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

16 the Interior, in coordination with the Secretary, shall 

17 prepare a map and legal description of the covered 

18 land. 

19 (2) FORCE AND EFFECT.—The map and legal 

20 description prepared under paragraph (1) shall have 

21 the same force and effect as if included in this Act, 

22 except that the Secretary of the Interior may correct 

23 clerical and typographical errors. 

24 (3) AVAILABILITY.—The map and legal descrip25 tion prepared under paragraph (1) shall be on file 


pwalker on DSKD5P82C1PROD with BILLS
5 

•S 201 IS

1 and available for public inspection in the appropriate 

2 offices of the Forest Service and Bureau of Rec3 lamation. 

4 (d) JURISDICTION AND DUTIES.— 

5 (1) JURISDICTION OF THE SECRETARY OF THE

6 INTERIOR.— 

7 (A) IN GENERAL.—Except as provided in 

8 subsection (e), the Secretary of the Interior, 

9 acting through the Commissioner of Reclama10 tion, shall have exclusive administrative juris11 diction to manage the Cragin Project in accord12 ance with this Act and section 213(i) of the Ar13 izona Water Settlements Act (Public Law 108– 

14 451; 118 Stat. 3533) on the covered land. 

15 (B) INCLUSION.—Notwithstanding sub16 section (e), the jurisdiction under subparagraph 

17 (A) shall include access to the Cragin Project 

18 by the District. 

19 (2) RESPONSIBILITY OF SECRETARY OF THE

20 INTERIOR AND DISTRICT.—In accordance with para21 graphs (4)(B) and (5) of section 213(i) of the Ari22 zona Water Settlements Act (Public Law 108–451; 

23 118 Stat. 3533), the Secretary of the Interior and 

24 the District shall— 


pwalker on DSKD5P82C1PROD with BILLS
6 

•S 201 IS

1 (A) ensure the compliance of each activity 

2 carried out at the Cragin Project with each ap3 plicable Federal environmental law (including 

4 regulations); and 

5 (B) coordinate with appropriate Federal 

6 agencies in ensuring the compliance under sub7 paragraph (A). 

8 (e) LAND MANAGEMENT ACTIVITIES ON COVERED

9 LAND.— 

10 (1) IN GENERAL.—The Secretary shall have ad11 ministrative jurisdiction over land management ac12 tivities on the covered land and other appropriate 

13 management activities pursuant to an agreement 

14 under paragraph (2) that do not conflict with, or ad15 versely affect, the operation, maintenance, or re16 placement (including repair) of the Cragin Project, 

17 as determined by the Secretary of the Interior. 

18 (2) INTERAGENCY AGREEMENT.—The Secretary 

19 and the Secretary of the Interior, in coordination 

20 with the District, may enter into an agreement 

21 under which the Secretary may— 

22 (A) undertake any other appropriate man23 agement activity in accordance with applicable 

24 law that will improve the management and safe25 ty of the covered land and other land managed 


pwalker on DSKD5P82C1PROD with BILLS
7 

•S 201 IS

1 by the Secretary if the activity does not conflict 

2 with, or adversely affect, the operation, mainte3 nance, or replacement (including repair) of the 

4 Cragin Project, as determined by the Secretary 

5 of the Interior; and 

6 (B) carry out any emergency activities, 

7 such as fire suppression, on the covered land. 

Æ 


pwalker on DSKD5P82C1PROD with BILLS