IIB 

118TH CONGRESS 

1ST SESSION H. R. 1607 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 7, 2023 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To clarify jurisdiction with respect to certain Bureau of 

Reclamation pumped storage development, 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, 


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1 SECTION 1. LAND WITHDRAWAL AND RESERVATION. 

2 (a) DEFINITIONS.—In this section: 

3 (1) AGREEMENT.—The term ‘‘Agreement’’ 

4 means the agreement between the United States and 

5 the Association dated September 6, 1917, as amend6 ed. 

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

8 means the Salt River Valley Water Users’ Associa9 tion. 

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

11 means the portion of the National Forest System 

12 land located on the south side of the Salt River from 

13 the March 9, 1903, 1-mile withdrawal area for the 

14 Bureau of Reclamation purposes extending an addi15 tional 2 miles from the Salt River at Roosevelt Dam 

16 to 18.25 river miles downstream, in the State of Ari17 zona, not including the Superstition Mountain Wil18 derness Area and the Tonto National Monument, as 

19 depicted on the Map. 

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

21 Salt River Project Agricultural Improvement and 

22 Power District. 

23 (5) MAP.—The term ‘‘Map’’ means the map 

24 prepared under subsection (e)(1). 

25 (6) SRP.—The term ‘‘SRP’’ means— 

26 (A) the District; and 


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1 (B) the Association. 

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

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

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

5 the exclusive right to use the covered land and interests 

6 in the covered land for the development, generation, and 

7 transmission of electrical power and energy for the use 

8 and benefit of the Salt River Federal Reclamation Project 

9 pursuant to the Agreement. 

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

11 land is permanently withdrawn from— 

12 (1) all forms of entry, appropriation, and dis13 posal under the public land laws; 

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

15 laws; and 

16 (3) operation of the mineral leasing, mineral 

17 materials, and geothermal leasing laws. 

18 (d) FACILITIES.—With respect to facilities con19 structed by SRP on the covered land for the development, 

20 generation, and transmission of electrical power and en21 ergy— 

22 (1) the design and specifications shall conform 

23 to Bureau of Reclamation standards, and final de24 signs shall be subject to review and approval by the 

25 Secretary of the Interior; 


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1 (2) all construction work shall be subject to in2 spection and approval by the Secretary of the Inte3 rior; 

4 (3) upon a determination of substantial comple5 tion of such facilities, the Secretary of the Interior 

6 shall accept title on behalf of the United States as 

7 part of the Salt River Federal Reclamation Project 

8 pursuant to— 

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

10 (32 Stat. 389, chapter 1093; 43 U.S.C. 498); 

11 and 

12 (B) the Agreement; and 

13 (4) SRP shall be responsible for the care, oper14 ation, and maintenance pursuant to the Agreement. 

15 (e) MAP.— 

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

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

18 Agriculture shall prepare a map depicting the 

19 boundary of the covered land. 

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

21 and available for public inspection in the appropriate 

22 offices of the Forest Service and the Bureau of Rec23 lamation. 

24 (f) MANAGEMENT OF COVERED LAND.—Manage25 ment of the covered lands shall be in accordance with the 


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1 Management Memorandum among the District, United 

2 States Department of Agriculture, Forest Service, and the 

3 Bureau of Reclamation, dated April 27, 1979, as amend4 ed. 

5 (g) RELATION TO OTHER LAW.— 

6 (1) COMPLIANCE WITH ENVIRONMENTAL

7 LAWS.—The Secretary of the Interior is directed to 

8 carry out all necessary environmental compliance 

9 under the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321, et seq.), the Endangered 

11 Species Act of 1973 (16 U.S.C. 1531, et seq.), and 

12 all other applicable environmental laws and regula13 tions, prior to construction of facilities on the cov14 ered land for the development, generation, and 

15 transmission of electrical power and energy. 

16 (2) LEAD AGENCY.—The Bureau of Reclama17 tion shall be the lead agency with respect to environ18 mental compliance. 

19 (3) WITHDRAWAL NOT MAJOR FEDERAL AC20 TION.—The withdrawal of the covered land shall not 

21 constitute a major Federal action under the Na22 tional Environmental Policy Act of 1969 (42 U.S.C. 

23 4321, et seq.). 

24 (4) ANTIDEFICIENCY.—The United States shall 

25 not be liable for failure to carry out any obligation 


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1 or activity authorized to be carried out under this 

2 title (including any such obligation or activity under 

3 the Agreement) if adequate appropriations are not 

4 provided by Congress expressly to carry out the pur5 poses of this Act. 

Passed the House of Representatives November 6, 

2023. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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