II 

111TH CONGRESS 

1ST SESSION S. 1080 

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 

MAY 19, 2009 

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 DAM. 

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 that— 


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1 (A) is located in the Counties of Coconino 

2 and Gila, Arizona; and 

3 (B) is comprised of— 

4 (i) approximately 300 feet of the crest 

5 of the Cragin Dam and associated spillway; 

6 (ii) the reservoir pool of the Cragin 

7 Dam that consists of approximately 250 

8 acres; and 

9 (iii) the linear corridor and project fa10 cilities that— 

11 (I) consist of approximately 262 

12 acres; and 

13 (II) are used for— 

14 (aa) access to the Cragin 

15 Dam; and 

16 (bb) the placement of tun17 nels, pipelines, penstocks, and 

18 electric transmission lines with 

19 respect to the Cragin Dam. 

20 (2) CRAGIN DAM.—The term ‘‘Cragin Dam’’ 

21 means the C.C. Cragin Dam and Reservoir (includ22 ing each water and power facility associated with the 

23 C.C. Cragin Dam and Reservoir). 

24 (3) DEPARTMENT.—The term ‘‘Department’’ 

25 means the Department of the Interior. 


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

2 Salt River Project Agricultural Improvement and 

3 Power District. 

4 (5) LINEAR CORRIDOR.—The term ‘‘linear cor5 ridor’’ means a corridor— 

6 (A) the width of which is approximately 

7 200 feet; 

8 (B) the length of which is approximately 

9 11.5 miles; 

10 (C) of which approximately 0.7 miles con11 sists of an underground tunnel; 

12 (D) a portion of which is located in— 

13 (i) sec. 31, sec. 32, sec. 33, and sec. 

14 34, T. 14 N., R. 11 E.; 

15 (ii) sec. 36, T. 14 N., R. 10 E.; 

16 (iii) sec. 4, sec. 5, sec. 6, sec. 7, and 

17 sec. 8, T. 13 N., R. 11 E.; 

18 (iv) sec. 12, sec. 13, sec. 24, sec. 25, 

19 sec. 35, and sec. 36, T. 13 N., R. 10 E.; 

20 and 

21 (v) sec. 1, sec. 11, sec. 12, sec. 14, 

22 and sec. 23, T. 12 N., R. 10 E., of the 

23 Gila and Salt River Meridians; and 

24 (E) as generally depicted on the Map. 


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1 (6) MAP.—The term ‘‘Map’’ means the map en2 titled ‘‘C.C. Cragin Dam and Reservoir Land’’ and 

3 dated June 17, 2008. 

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

5 the Secretary of Agriculture, acting through the 

6 Chief of the Forest Service. 

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

8 valid existing rights, with respect to reclamation, the cov9 ered land is permanently withdrawn from all forms of— 

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

11 public land laws; 

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

13 laws; and 

14 (3) disposition under all laws pertaining to min15 eral and geothermal leasing or mineral materials. 

16 (c) JURISDICTION OF SECRETARY OF THE INTE17 RIOR.—The Secretary of the Interior shall have exclusive 

18 jurisdiction— 

19 (1) with respect to the covered land withdrawn 

20 by subsection (b); and 

21 (2) to manage each reclamation project carried 

22 out on the covered land in accordance with section 

23 213(i) of the Arizona Water Settlements Act (Public 

24 Law 108–451; 118 Stat. 3532). 


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1 (d) RESPONSIBILITY OF SECRETARY OF THE INTE2 RIOR AND DISTRICT.—In accordance with paragraphs 

3 (4)(B) and (5) of section 213(i) of the Arizona Water Set4 tlements Act (Public Law 108–451; 118 Stat. 3533), the 

5 Secretary of the Interior and the District shall ensure the 

6 compliance of each activity carried out at the Cragin Dam 

7 with each applicable Federal law (including regulations). 

8 (e) MAP.— 

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

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

11 the Interior shall file a copy of the Map with— 

12 (A) each appropriate committee of Con13 gress; 

14 (B) the Secretary; 

15 (C) the Governor of the State of Arizona; 

16 and 

17 (D) the Archivist of the United States. 

18 (2) FORCE AND EFFECT.—Each copy of the 

19 Map filed under paragraph (1) shall have the same 

20 force and effect as if included in this Act, except 

21 that the Secretary of the Interior may correct cler22 ical and typographical errors in the Map. 

23 (f) MANAGEMENT ACTIVITIES ON COVERED LAND.— 

24 (1) IN GENERAL.—In accordance with para25 graphs (2) and (3), the Secretary of the Interior, in 


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1 consultation with the District, may enter into a con2 tract with the Secretary to carry out management 

3 activities on the covered land. 

4 (2) REQUIREMENT.—In carrying out a manage5 ment activity under paragraph (1), the Secretary 

6 shall ensure that the activity does not conflict with, 

7 or adversely affect, the operation, maintenance, or 

8 repair of the Cragin Dam, as determined by the Sec9 retary of the Interior. 

10 (3) AUTHORIZED MANAGEMENT ACTIVITIES.— 

11 Authorized management activities described in para12 graph (1) include any activity agreed to between the 

13 Secretary and the Secretary of the Interior, includ14 ing, with respect to the Cragin Dam— 

15 (A) the management of— 

16 (i) recreation; 

17 (ii) wildland fire activities; 

18 (iii) public conduct and law enforce19 ment; 

20 (iv) cultural resources; and 

21 (v) other resources; and 

22 (B) any other appropriate management ac23 tivity. 

24 (g) ACCESS TO FOREST SERVICE ROADS.— 


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1 (1) IN GENERAL.—To carry out the operation, 

2 maintenance, and repair of the Cragin Dam, the 

3 Secretary— 

4 (A) shall authorize employees of the De5 partment and the District to use certain roads 

6 under the jurisdiction of the Forest Service, as 

7 determined by the Secretary in coordination 

8 with the Secretary of the Interior and the Dis9 trict; and 

10 (B) may not require any individual de11 scribed in subparagraph (A) to apply for, or 

12 possess, a permit, license, or other similar docu13 ment as a condition for authorization to use 

14 any road described in that subparagraph. 

15 (2) COMPLIANCE WITH FEDERAL LAWS.—In 

16 carrying out an activity described in paragraph (1) 

17 through the use of roads authorized under that 

18 paragraph, the Department and the District shall 

19 comply with each applicable Federal law (including 

20 regulations). 

Æ 


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