II 

109TH CONGRESS 

1ST SESSION S. 1577 

To facilitate the transfer of Spearfish Hydroelectric Plant Number 1 to 

the city of Spearfish, South Dakota, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2005 

Mr. JOHNSON (for himself and Mr. THUNE) introduced the following bill; 

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

A BILL 

To facilitate the transfer of Spearfish Hydroelectric Plant 

Number 1 to the city of Spearfish, South Dakota, 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. FINDINGS. 

4 Congress finds that— 

5 (1) Spearfish Hydroelectric Plant Number 1— 

6 (A) operates under a right-of-way grant 

7 administered by the Forest Service; and 

8 (B) is not subject to the jurisdiction of the 

9 Federal Energy Regulatory Commission; 
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•S 1577 IS

1 (2) the transfer of the Plant from the 

2 Homestake Mining Company to the city of Spear3 fish, South Dakota— 

4 (A) would maintain the historic benefits of 

5 the Plant; and 

6 (B) would not— 

7 (i) affect the validity of the right-of8 way grant; or 

9 (ii) subject the Plant to the jurisdic10 tion of the Commission; and 

11 (3) it is in the public interest for the Plant to 

12 continue to operate in a manner that protects and 

13 improves— 

14 (A) fish hatchery operations; 

15 (B) recreation; 

16 (C) historical interpretation; 

17 (D) irrigation; 

18 (E) hydroelectric power generation; and 

19 (F) the aesthetic value of Spearfish City 

20 Park. 

21 SEC. 2. DEFINITIONS. 

22 In this Act: 

23 (1) COMMISSION.—The term ‘‘Commission’’ 

24 means the Federal Energy Regulatory Commission. 
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1 (2) PLANT.—The term ‘‘Plant’’ means the 

2 Spearfish Hydroelectric Plant Number 1 that— 

3 (A) is located in Lawrence County, South 

4 Dakota; 

5 (B) operates in accordance with a valid 

6 right-of-way grant— 

7 (i) issued by the General Land Office 

8 of the Department of the Interior in 1909; 

9 and 

10 (ii) administered by the Forest Serv11 ice as of the date of enactment of this Act; 

12 and 

13 (C) is described in Commission docket 

14 number UL00–3. 

15 (3) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 

17 SEC. 3. EXEMPTION OF THE PLANT FROM COMMISSION JU18 RISDICTION. 

19 Part I of the Federal Power Act (16 U.S.C. 791a 

20 et seq.) shall not apply to the Plant until and unless other21 wise provided by Congress. 

22 SEC. 4. STUDY OF SPEARFISH CREEK HYDROLOGY. 

23 (a) IN GENERAL.—The Secretary, acting through the 

24 United States Geological Survey, shall carry out a study 

25 of the hydrology of Spearfish Creek, South Dakota. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary to carry 

3 out the study under subsection (a) $250,000 for each of 

4 fiscal years 2006 through 2009. 

5 SEC. 5. SENSE OF CONGRESS. 

6 It is the sense of Congress that the city of Spearfish, 

7 South Dakota, to provide for the restoration and improve8 ment of Spearfish Creek, should— 

9 (1) uphold the Memorandum Agreement of the 

10 city of Spearfish and the Spearfish Canyon Land11 owners Association, dated September 14, 2004; and 

12 (2) take action to release additional water flow 

13 of approximately 5 to 10 cubic feet per second be14 tween the Maurice Intake Dam and the Spearfish 

15 Diversion. 

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