IB 

Union Calendar No. 141 

112TH CONGRESS 

1ST SESSION H. R. 461 

[Report No. 112–217] 

To direct the Secretary of the Interior to convey certain Federal features 

of the electric distribution system to the South Utah Valley Electric 

Service District, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2011 

Mr. CHAFFETZ (for himself and Mr. BISHOP of Utah) introduced the following 

bill; which was referred to the Committee on Natural Resources 

SEPTEMBER 23, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on January 26, 2011] 


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•HR 461 RH

A BILL 

To direct the Secretary of the Interior to convey certain 

Federal features of the electric distribution system to 

the South Utah Valley Electric Service District, and 

for other purposes. 


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•HR 461 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘South Utah Valley Elec5 tric Conveyance Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 South Utah Valley Electric Service District, orga10 nized under the laws of the State of Utah. 

11 (2) ELECTRIC DISTRIBUTION SYSTEM.—The term 

12 ‘‘Electric Distribution System’’ means fixtures, irri13 gation, or power facilities lands, distribution fixture 

14 lands, and shared power poles. 

15 (3) FIXTURES.—The term ‘‘fixtures’’ means all 

16 power poles, cross-members, wires, insulators and as17 sociated fixtures, including substations, that— 

18 (A) comprise those portions of the Straw19 berry Valley Project power distribution system 

20 that are rated at a voltage of 12.5 kilovolts and 

21 were constructed with Strawberry Valley Project 

22 revenues; and 

23 (B) any such fixtures that are located on 

24 Federal lands and interests in lands. 


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1 (4) IRRIGATION OR POWER FACILITIES LANDS.— 

2 The term ‘‘irrigation or power facilities lands’’ means 

3 all Federal lands and interests in lands where the fix4 tures are located on the date of the enactment of this 

5 Act and which are encumbered by other Strawberry 

6 Valley Project irrigation or power features, including 

7 lands underlying the Strawberry Substation. 

8 (5) DISTRIBUTION FIXTURE LANDS.—The term 

9 ‘‘distribution fixture lands’’ means all Federal lands 

10 and interests in lands where the fixtures are located 

11 on the date of the enactment of this Act and which 

12 are unencumbered by other Strawberry Valley Project 

13 features, to a maximum corridor width of 30 feet on 

14 each side of the centerline of the fixtures’ power lines 

15 as those lines exist on the date of the enactment of 

16 this Act. 

17 (6) SHARED POWER POLES.—The term ‘‘shared 

18 power poles’’ means poles that comprise those portions 

19 of the Strawberry Valley Project Power Transmission 

20 System, that are rated at a voltage of 46.0 kilovolts, 

21 are owned by the United States, and support fixtures 

22 of the Electric Distribution System. 

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

24 the Secretary of the Interior. 


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1 SEC. 3. CONVEYANCE OF ELECTRIC DISTRIBUTION SYSTEM. 

2 (a) IN GENERAL.—Inasmuch as the Strawberry Water 

3 Users Association conveyed its interest, if any, in the Elec4 tric Distribution System to the District by a contract dated 

5 April 7, 1986, and in consideration of the District assum6 ing from the United States all liability for administration, 

7 operation, maintenance, and replacement of the Electric 

8 Distribution System, the Secretary shall, as soon as prac9 ticable after the date of the enactment of this Act and in 

10 accordance with all applicable law convey and assign to 

11 the District without charge or further consideration— 

12 (1) all of the United States right, title, and in13 terest in and to— 

14 (A) all fixtures owned by the United States 

15 as part of the Electric Distribution System; and 

16 (B) the distribution fixture land; 

17 (2) license for use in perpetuity of the shared 

18 power poles to continue to own, operate, maintain, 

19 and replace Electric Distribution Fixtures attached to 

20 the shared power poles; and 

21 (3) licenses for use and for access in perpetuity 

22 for purposes of operation, maintenance, and replace23 ment across, over, and along— 

24 (A) all project lands and interests in irriga25 tion and power facilities lands where the Electric 

26 Distribution System is located on the date of the 


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1 enactment of this Act that are necessary for other 

2 Strawberry Valley Project facilities (the owner3 ship of such underlying lands or interests in 

4 lands shall remain with the United States), in5 cluding lands underlying the Strawberry Sub6 station; and 

7 (B) such corridors where Federal lands and 

8 interests in lands— 

9 (i) are abutting public streets and 

10 roads; and 

11 (ii) can provide access that will facili12 tate operation, maintenance, and replace13 ment of facilities. 

14 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

15 (1) IN GENERAL.—Before conveying lands, inter16 est in lands, and fixtures under subsection (a), the 

17 Secretary shall comply with all applicable require18 ments under— 

19 (A) the National Environmental Policy Act 

20 of 1969 (42 U.S.C. 4321 et seq.); 

21 (B) the Endangered Species Act of 1973 (16 

22 U.S.C. 1531 et seq.); and 

23 (C) any other law applicable to the land 

24 and facilities. 


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1 (2) EFFECT.—Nothing in this Act modifies or 

2 alters any obligations under— 

3 (A) the National Environmental Policy Act 

4 of 1969 (42 U.S.C. 4321 et seq.); or 

5 (B) the Endangered Species Act of 1973 (16 

6 U.S.C. 1531 et seq.). 

7 (c) POWER GENERATION AND 46KV TRANSMISSION FA8 CILITIES EXCLUDED.—Except for the uses as granted by li9 cense in Shared Power Poles under section 3(a)(2), nothing 

10 in this Act shall be construed to grant or convey to the Dis11 trict or any other party, any interest in any facilities 

12 shared or otherwise that comprise a portion of the Straw13 berry Valley Project power generation system or the feder14 ally owned portions of the 46 kilovolt transmission system 

15 which ownership shall remain in the United States. 

16 SEC. 4. EFFECT OF CONVEYANCE. 

17 On conveyance of any land or facility under section 

18 3(a)(1)— 

19 (1) the conveyed and assigned land and facilities 

20 shall no longer be part of a Federal reclamation 

21 project; 

22 (2) the District shall not be entitled to receive 

23 any future Bureau or Reclamation benefits with re24 spect to the conveyed and assigned land and facilities, 


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1 except for benefits that would be available to other 

2 non-Bureau of Reclamation facilities; and 

3 (3) the United States shall not be liable for dam4 ages arising out of any act, omission, or occurrence 

5 relating to the land and facilities, including the 

6 transaction of April 7, 1986, between the Strawberry 

7 Water Users Association and Strawberry Electric 

8 Service District. 

9 SEC. 5. REPORT. 

10 If a conveyance required under section 3 is not com11 pleted by the date that is 1 year after the date of the enact12 ment of this Act, not later than 30 days after that date, 

13 the Secretary shall submit to Congress a report that— 

14 (1) describes the status of the conveyance; 

15 (2) describes any obstacles to completing the con16 veyance; and 

17 (3) specifies an anticipated date for completion 

18 of the conveyance. 


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Union Calendar No. 141 

112TH CONGRESS 

1ST SESSION H. R. 461 

[Report No. 112–217] 

A BILL 

To direct the Secretary of the Interior to convey 

Service District, and for other purposes. tion system to the South Utah Valley Electric certain Federal features of the electric distribuSEPTEMBER 23, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sroberts on DSK5SPTVN1PROD with BILLS