II 

Calendar No. 128 

112TH CONGRESS 

1ST SESSION S. 201 

[Report No. 112–48] 

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 

AUGUST 30 (legislative day, AUGUST 2), 2011 

Reported under authority of the order of the Senate of August 2, 2011, by 

Mr. BINGAMAN, without amendment 

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: 


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

2 means the parcel of land consisting of approximately 

3 512 acres, as generally depicted on the Map, that 

4 consists of— 

5 (A) approximately 300 feet of the crest of 

6 the Cragin Dam and associated spillway; 

7 (B) the reservoir pool of the Cragin Dam 

8 that consists of approximately 250 acres de9 fined by the high water mark; and 

10 (C) the linear corridor. 

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

12 Project’’ means— 

13 (A) the Cragin Dam and associated spill14 way; 

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

16 and 

17 (C) any pipelines, linear improvements, 

18 buildings, hydroelectric generating facilities, 

19 priming tanks, transmission, telephone, and 

20 fiber optic lines, pumps, machinery, tools, appli21 ances, and other District or Bureau of Rec22 lamation structures and facilities used for the 

23 Cragin Project. 


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

2 Salt River Project Agricultural Improvement and 

3 Power District. 

4 (4) LAND MANAGEMENT ACTIVITY.—The term 

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

6 to the covered land, the management of— 

7 (A) recreation; 

8 (B) grazing; 

9 (C) wildland fire; 

10 (D) public conduct; 

11 (E) commercial activities that are not part 

12 of the Cragin Project; 

13 (F) cultural resources; 

14 (G) invasive species; 

15 (H) timber and hazardous fuels; 

16 (I) travel; 

17 (J) law enforcement; and 

18 (K) roads and trails. 

19 (5) LINEAR CORRIDOR.—The term ‘‘linear cor20 ridor’’ means a corridor of land comprising approxi21 mately 262 acres— 

22 (A) the width of which is approximately 

23 200 feet; 

24 (B) the length of which is approximately 

25 11.5 miles; 


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1 (C) of which approximately 0.7 miles con2 sists of an underground tunnel; and 

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

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

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

6 Withdrawal’’ and dated June 17, 2008. 

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

8 the Secretary of Agriculture, acting through the 

9 Chief of the Forest Service. 

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

11 valid existing rights, the covered land is permanently with12 drawn from all forms of— 

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

14 public land laws; 

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

16 laws; and 

17 (3) disposition under all laws pertaining to min18 eral and geothermal leasing or mineral materials. 

19 (c) MAP.— 

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

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

22 the Interior, in coordination with the Secretary, shall 

23 prepare a map and legal description of the covered 

24 land. 


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

2 description prepared under paragraph (1) shall have 

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

4 except that the Secretary of the Interior may correct 

5 clerical and typographical errors. 

6 (3) AVAILABILITY.—The map and legal descrip7 tion prepared under paragraph (1) shall be on file 

8 and available for public inspection in the appropriate 

9 offices of the Forest Service and Bureau of Rec10 lamation. 

11 (d) JURISDICTION AND DUTIES.— 

12 (1) JURISDICTION OF THE SECRETARY OF THE

13 INTERIOR.— 

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

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

16 acting through the Commissioner of Reclama17 tion, shall have exclusive administrative juris18 diction to manage the Cragin Project in accord19 ance with this Act and section 213(i) of the Ar20 izona Water Settlements Act (Public Law 108– 

21 451; 118 Stat. 3533) on the covered land. 

22 (B) INCLUSION.—Notwithstanding sub23 section (e), the jurisdiction under subparagraph 

24 (A) shall include access to the Cragin Project 

25 by the District. 


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1 (2) RESPONSIBILITY OF SECRETARY OF THE

2 INTERIOR AND DISTRICT.—In accordance with para3 graphs (4)(B) and (5) of section 213(i) of the Ari4 zona Water Settlements Act (Public Law 108–451; 

5 118 Stat. 3533), the Secretary of the Interior and 

6 the District shall— 

7 (A) ensure the compliance of each activity 

8 carried out at the Cragin Project with each ap9 plicable Federal environmental law (including 

10 regulations); and 

11 (B) coordinate with appropriate Federal 

12 agencies in ensuring the compliance under sub13 paragraph (A). 

14 (e) LAND MANAGEMENT ACTIVITIES ON COVERED

15 LAND.— 

16 (1) IN GENERAL.—The Secretary shall have ad17 ministrative jurisdiction over land management ac18 tivities on the covered land and other appropriate 

19 management activities pursuant to an agreement 

20 under paragraph (2) that do not conflict with, or ad21 versely affect, the operation, maintenance, or re22 placement (including repair) of the Cragin Project, 

23 as determined by the Secretary of the Interior. 

24 (2) INTERAGENCY AGREEMENT.—The Secretary 

25 and the Secretary of the Interior, in coordination 


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1 with the District, may enter into an agreement 

2 under which the Secretary may— 

3 (A) undertake any other appropriate man4 agement activity in accordance with applicable 

5 law that will improve the management and safe6 ty of the covered land and other land managed 

7 by the Secretary if the activity does not conflict 

8 with, or adversely affect, the operation, mainte9 nance, or replacement (including repair) of the 

10 Cragin Project, as determined by the Secretary 

11 of the Interior; and 

12 (B) carry out any emergency activities, 

13 such as fire suppression, on the covered land. 


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Calendar No. 128 

112TH CONGRESS 

1ST SESSION S. 201 

[Report No. 112–48] 

A BILL 

To clarify the jurisdiction of the Secretary of the 

and Reservoir, and for other purposes. Interior with respect to the C.C. Cragin Dam 

AUGUST 30 (legislative day, AUGUST 2), 2011 

Reported without amendment 


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