IB 

Union Calendar No. 213 

118TH CONGRESS 

1ST SESSION H. R. 1607 

[Report No. 118–264] 

To clarify jurisdiction with respect to certain Bureau of Reclamation pumped 

storage development, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2023 

Mr. SCHWEIKERT (for himself and Mr. STANTON) introduced the following 

bill; which was referred to the Committee on Natural Resources 

NOVEMBER 3, 2023 

Additional sponsors: Mrs. LESKO, Mr. GALLEGO, and Mr. CISCOMANI

NOVEMBER 3, 2023 

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 March 14, 2023] 


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•HR 1607 RH

A BILL 

To clarify jurisdiction with respect to certain Bureau of 

Reclamation pumped storage development, and for other 

purposes. 


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•HR 1607 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. LAND WITHDRAWAL AND RESERVATION. 

4 (a) DEFINITIONS.—In this section: 

5 (1) AGREEMENT.—The term ‘‘Agreement’’ means 

6 the agreement between the United States and the As7 sociation dated September 6, 1917, as amended. 

8 (2) ASSOCIATION.—The term ‘‘Association’’ 

9 means the Salt River Valley Water Users’ Associa10 tion. 

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

12 means the portion of the National Forest System land 

13 located on the south side of the Salt River from the 

14 March 9, 1903, 1-mile withdrawal area for the Bu15 reau of Reclamation purposes extending an addi16 tional 2 miles from the Salt River at Roosevelt Dam 

17 to 18.25 river miles downstream, in the State of Ari18 zona, not including the Superstition Mountain Wil19 derness Area and the Tonto National Monument, as 

20 depicted on the Map. 

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

22 Salt River Project Agricultural Improvement and 

23 Power District. 

24 (5) MAP.—The term ‘‘Map’’ means the map pre25 pared under subsection (e)(1). 


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•HR 1607 RH

1 (6) SRP.—The term ‘‘SRP’’ means— 

2 (A) the District; and 

3 (B) the Association. 

4 (b) RESERVATION OF COVERED LAND.—Subject to 

5 valid existing rights, the covered land is reserved to the 

6 United States, through the Secretary of the Interior, for the 

7 exclusive right to use the covered land and interests in the 

8 covered land for the development, generation, and trans9 mission of electrical power and energy for the use and ben10 efit of the Salt River Federal Reclamation Project pursuant 

11 to the Agreement. 

12 (c) WITHDRAWAL OF COVERED LAND.—The covered 

13 land is permanently withdrawn from— 

14 (1) all forms of entry, appropriation, and dis15 posal under the public land laws; 

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

17 laws; and 

18 (3) operation of the mineral leasing, mineral 

19 materials, and geothermal leasing laws. 

20 (d) FACILITIES.—With respect to facilities constructed 

21 by SRP on the covered land for the development, generation, 

22 and transmission of electrical power and energy— 

23 (1) the design and specifications shall conform to 

24 Bureau of Reclamation standards, and final designs 


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•HR 1607 RH

1 shall be subject to review and approval by the Sec2 retary of the Interior; 

3 (2) all construction work shall be subject to in4 spection and approval by the Secretary of the Inte5 rior; 

6 (3) upon a determination of substantial comple7 tion of such facilities, the Secretary of the Interior 

8 shall accept title on behalf of the United States as 

9 part of the Salt River Federal Reclamation Project 

10 pursuant to— 

11 (A) section 6 of the Act of June 17, 1902 

12 (32 Stat. 389, chapter 1093; 43 U.S.C. 498); and 

13 (B) the Agreement; and 

14 (4) SRP shall be responsible for the care, oper15 ation, and maintenance pursuant to the Agreement. 

16 (e) MAP.— 

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

18 the date of enactment of this Act, the Secretary of Ag19 riculture shall prepare a map depicting the boundary 

20 of the covered land. 

21 (2) AVAILABILITY.—The Map shall be on file and 

22 available for public inspection in the appropriate of23 fices of the Forest Service and the Bureau of Rec24 lamation. 


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1 (f) MANAGEMENT OF COVERED LAND.—Management 

2 of the covered lands shall be in accordance with the Manage3 ment Memorandum among the District, United States De4 partment of Agriculture, Forest Service, and the Bureau of 

5 Reclamation, dated April 27, 1979, as amended. 

6 (g) RELATION TO OTHER LAW.— 

7 (1) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

8 The Secretary of the Interior is directed to carry out 

9 all necessary environmental compliance under the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 

11 4321, et seq.), the Endangered Species Act of 1973 (16 

12 U.S.C. 1531, et seq.), and all other applicable envi13 ronmental laws and regulations, prior to construction 

14 of facilities on the covered land for the development, 

15 generation, and transmission of electrical power and 

16 energy. 

17 (2) LEAD AGENCY.—The Bureau of Reclamation 

18 shall be the lead agency with respect to environmental 

19 compliance. 

20 (3) WITHDRAWAL NOT MAJOR FEDERAL AC21 TION.—The withdrawal of the covered land shall not 

22 constitute a major Federal action under the National 

23 Environmental Policy Act of 1969 (42 U.S.C. 4321, 

24 et seq.). 


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1 (4) ANTIDEFICIENCY.—The United States shall 

2 not be liable for failure to carry out any obligation 

3 or activity authorized to be carried out under this 

4 title (including any such obligation or activity under 

5 the Agreement) if adequate appropriations are not 

6 provided by Congress expressly to carry out the pur7 poses of this Act. 


rfrederick on LAP8M3WLY3PROD with BILLS
Union Calendar No. 213 

118TH CONGRESS 

1ST SESSION H. R. 1607 

[Report No. 118–264] 

A BILL 

To clarify jurisdiction with respect to certain Bument, and for other purposes. reau of Reclamation pumped storage developNOVEMBER 3, 2023 

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


rfrederick on LAP8M3WLY3PROD with BILLS