I 

109TH CONGRESS 

2D SESSION H. R. 5566 

To facilitate the transfer of Spearfish Hydroelectric Plant Number 1 to 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2006 

Ms. HERSETH introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Resources, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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 


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

2 Federal Energy Regulatory Commission; 

3 (2) the transfer of the Plant from the 

4 Homestake Mining Company to the city of Spear5 fish, South Dakota— 

6 (A) would maintain the historic benefits of 

7 the Plant; and 

8 (B) would not— 

9 (i) affect the validity of the right-of10 way grant; or 

11 (ii) subject the Plant to the jurisdic12 tion of the Commission; and 

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

14 continue to operate in a manner that protects and 

15 improves— 

16 (A) fish hatchery operations; 

17 (B) recreation; 

18 (C) historical interpretation; 

19 (D) irrigation; 

20 (E) hydroelectric power generation; and 

21 (F) the aesthetic value of Spearfish City 

22 Park. 

23 SEC. 2. DEFINITIONS. 

24 In this Act: 


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

2 means the Federal Energy Regulatory Commission. 

3 (2) PLANT.—The term ‘‘Plant’’ means the 

4 Spearfish Hydroelectric Plant Number 1 that— 

5 (A) is located in Lawrence County, South 

6 Dakota; 

7 (B) operates in accordance with a valid 

8 right-of-way grant— 

9 (i) issued by the General Land Office 

10 of the Department of the Interior in 1909; 

11 and 

12 (ii) administered by the Forest Serv13 ice as of the date of enactment of this Act; 

14 and 

15 (C) is described in Commission docket 

16 number UL00–3. 

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

18 the Secretary of the Interior. 

19 SEC. 3. EXEMPTION OF THE PLANT FROM COMMISSION JU20 RISDICTION. 

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

22 et seq.) shall not apply to the Plant until and unless other23 wise provided by Congress. 


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1 SEC. 4. STUDY OF SPEARFISH CREEK HYDROLOGY. 

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

3 United States Geological Survey, shall carry out a study 

4 of the hydrology of Spearfish Creek, South Dakota. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the Secretary to carry 

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

8 fiscal years 2006 through 2009. 

9 SEC. 5. SENSE OF CONGRESS. 

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

11 South Dakota, to provide for the restoration and improve12 ment of Spearfish Creek, should— 

13 (1) uphold the Memorandum Agreement of the 

14 city of Spearfish and the Spearfish Canyon Land15 owners Association, dated September 14, 2004; and 

16 (2) take action to release additional water flow 

17 of approximately 5 to 10 cubic feet per second be18 tween the Maurice Intake Dam and the Spearfish 

19 Diversion. 

Æ 


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