II 

Calendar No. 525 

111TH CONGRESS 

2D SESSION S. 1080 

[Report No. 111–255] 

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 

AUGUST 5, 2010 

Reported by Mr. BINGAMAN, with an amendment 

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

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: 


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

2 means the parcel of land consisting of approximately 

3 512 acres that— 

4 (A) is located in the Counties of Coconino 

5 and Gila, Arizona; and 

6 (B) is comprised of— 

7 (i) approximately 300 feet of the crest 

8 of the Cragin Dam and associated spillway; 

9 (ii) the reservoir pool of the Cragin 

10 Dam that consists of approximately 250 

11 acres; and 

12 (iii) the linear corridor and project fa13 cilities that— 

14 (I) consist of approximately 262 

15 acres; and 

16 (II) are used for— 

17 (aa) access to the Cragin 

18 Dam; and 

19 (bb) the placement of tun20 nels, pipelines, penstocks, and 

21 electric transmission lines with 

22 respect to the Cragin Dam. 

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

24 means the C.C. Cragin Dam and Reservoir (includVerDate Mar 15 2010 08:42 Aug 06, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1080.RS S1080

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1 ing each water and power facility associated with the 

2 C.C. Cragin Dam and Reservoir). 

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

4 means the Department of the Interior. 

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

6 Salt River Project Agricultural Improvement and 

7 Power District. 

8 (5) LINEAR CORRIDOR.—The term ‘‘linear cor9 ridor’’ means a corridor— 

10 (A) the width of which is approximately 

11 200 feet; 

12 (B) the length of which is approximately 

13 11.5 miles; 

14 (C) of which approximately 0.7 miles con15 sists of an underground tunnel; 

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

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

18 34, T. 14 N., R. 11 E.; 

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

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

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

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

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

24 and 


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

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

3 Gila and Salt River Meridians; and 

4 (E) as generally depicted on the Map. 

5 (6) MAP.—The term ‘‘Map’’ means the map en6 titled ‘‘C.C. Cragin Dam and Reservoir Land’’ and 

7 dated June 17, 2008. 

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

9 the Secretary of Agriculture, acting through the 

10 Chief of the Forest Service. 

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

12 valid existing rights, with respect to reclamation, the cov13 ered land is permanently withdrawn from all forms of— 

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

15 public land laws; 

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

17 laws; and 

18 (3) disposition under all laws pertaining to min19 eral and geothermal leasing or mineral materials. 

20 (c) JURISDICTION OF SECRETARY OF THE INTE21 RIOR.—The Secretary of the Interior shall have exclusive 

22 jurisdiction— 

23 (1) with respect to the covered land withdrawn 

24 by subsection (b); and 


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1 (2) to manage each reclamation project carried 

2 out on the covered land in accordance with section 

3 213(i) of the Arizona Water Settlements Act (Public 

4 Law 108–451; 118 Stat. 3532). 

5 (d) RESPONSIBILITY OF SECRETARY OF THE INTE6 RIOR AND DISTRICT.—In accordance with paragraphs 

7 (4)(B) and (5) of section 213(i) of the Arizona Water Set8 tlements Act (Public Law 108–451; 118 Stat. 3533), the 

9 Secretary of the Interior and the District shall ensure the 

10 compliance of each activity carried out at the Cragin Dam 

11 with each applicable Federal law (including regulations). 

12 (e) MAP.— 

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

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

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

16 (A) each appropriate committee of Con17 gress; 

18 (B) the Secretary; 

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

20 and 

21 (D) the Archivist of the United States. 

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

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

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


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1 that the Secretary of the Interior may correct cler2 ical and typographical errors in the Map. 

3 (f) MANAGEMENT ACTIVITIES ON COVERED LAND.— 

4 (1) IN GENERAL.—In accordance with para5 graphs (2) and (3), the Secretary of the Interior, in 

6 consultation with the District, may enter into a con7 tract with the Secretary to carry out management 

8 activities on the covered land. 

9 (2) REQUIREMENT.—In carrying out a manage10 ment activity under paragraph (1), the Secretary 

11 shall ensure that the activity does not conflict with, 

12 or adversely affect, the operation, maintenance, or 

13 repair of the Cragin Dam, as determined by the Sec14 retary of the Interior. 

15 (3) AUTHORIZED MANAGEMENT ACTIVITIES.— 

16 Authorized management activities described in para17 graph (1) include any activity agreed to between the 

18 Secretary and the Secretary of the Interior, includ19 ing, with respect to the Cragin Dam— 

20 (A) the management of— 

21 (i) recreation; 

22 (ii) wildland fire activities; 

23 (iii) public conduct and law enforce24 ment; 

25 (iv) cultural resources; and 


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1 (v) other resources; and 

2 (B) any other appropriate management ac3 tivity. 

4 (g) ACCESS TO FOREST SERVICE ROADS.— 

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

6 maintenance, and repair of the Cragin Dam, the 

7 Secretary— 

8 (A) shall authorize employees of the De9 partment and the District to use certain roads 

10 under the jurisdiction of the Forest Service, as 

11 determined by the Secretary in coordination 

12 with the Secretary of the Interior and the Dis13 trict; and 

14 (B) may not require any individual de15 scribed in subparagraph (A) to apply for, or 

16 possess, a permit, license, or other similar docu17 ment as a condition for authorization to use 

18 any road described in that subparagraph. 

19 (2) COMPLIANCE WITH FEDERAL LAWS.—In 

20 carrying out an activity described in paragraph (1) 

21 through the use of roads authorized under that 

22 paragraph, the Department and the District shall 

23 comply with each applicable Federal law (including 

24 regulations). 


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1 SECTION 1. LAND WITHDRAWAL AND RESERVATION FOR 

2 CRAGIN PROJECT. 

3 (a) DEFINITIONS.—In this section: 

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

5 means the parcel of land consisting of approximately 

6 512 acres, as generally depicted on the Map, that con7 sists of— 

8 (A) approximately 300 feet of the crest of 

9 the Cragin Dam and associated spillway; 

10 (B) the reservoir pool of the Cragin Dam 

11 that consists of approximately 250 acres defined 

12 by the high water mark; and 

13 (C) the linear corridor. 

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

15 Project’’ means— 

16 (A) the Cragin Dam and associated spill17 way; 

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

19 and 

20 (C) any pipelines, linear improvements, 

21 buildings, hydroelectric generating facilities, 

22 priming tanks, transmission, telephone, and fiber 

23 optic lines, pumps, machinery, tools, appliances, 

24 and other District or Bureau of Reclamation 

25 structures and facilities used for the Cragin 

26 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 to 

6 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 and 

5 2 of the maps entitled ‘‘C.C. Cragin Project With6 drawal’’ and dated June 17, 2008. 

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

8 the Secretary of Agriculture, acting through the Chief 

9 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 the 

22 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 de2 scription 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 Reclama10 tion. 

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, act16 ing through the Commissioner of Reclamation, 

17 shall have exclusive administrative jurisdiction 

18 to manage the Cragin Project in accordance with 

19 this Act and section 213(i) of the Arizona Water 

20 Settlements Act (Public Law 108–451; 118 Stat. 

21 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 by 

25 the District. 


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1 (2) RESPONSIBILITY OF SECRETARY OF THE IN2 TERIOR AND DISTRICT.—In accordance with para3 graphs (4)(B) and (5) of section 213(i) of the Arizona 

4 Water Settlements Act (Public Law 108–451; 118 

5 Stat. 3533), the Secretary of the Interior and the Dis6 trict 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 replace22 ment (including repair) of the Cragin Project, as de23 termined 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 under 

2 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. 


jdjones on DSKHWCL6B1PROD with BILLS
Calendar No. 525 

111TH CONGRESS 

2D SESSION S. 1080 

[Report No. 111–255] 

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 5, 2010 

Reported with an amendment 


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