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 Com-
mittee 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 juris-
diction 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds that— 
(1) Spearfish Hydroelectric Plant Number 1— 
(A) operates under a right-of-way grant 
administered by the Forest Service; and 
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(B) is not subject to the jurisdiction of the 
Federal Energy Regulatory Commission; 
(2) the transfer of the Plant from the 
Homestake Mining Company to the city of Spear-
fish, South Dakota— 
(A) would maintain the historic benefits of 
the Plant; and 
(B) would not— 
(i) affect the validity of the right-of- 
way grant; or 
(ii) subject the Plant to the jurisdic-
tion of the Commission; and 
(3) it is in the public interest for the Plant to 
continue to operate in a manner that protects and 
improves— 
(A) fish hatchery operations; 
(B) recreation; 
(C) historical interpretation; 
(D) irrigation; 
(E) hydroelectric power generation; and 
(F) the aesthetic value of Spearfish City 
Park. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(2) PLANT.—The term ‘‘Plant’’ means the 
Spearfish Hydroelectric Plant Number 1 that— 
(A) is located in Lawrence County, South 
Dakota; 
(B) operates in accordance with a valid 
right-of-way grant— 
(i) issued by the General Land Office 
of the Department of the Interior in 1909; 
and 
(ii) administered by the Forest Serv-
ice as of the date of enactment of this Act; 
and 
(C) is described in Commission docket 
number UL00–3. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3. EXEMPTION OF THE PLANT FROM COMMISSION JU-
RISDICTION. 
Part I of the Federal Power Act (16 U.S.C. 791a 
et seq.) shall not apply to the Plant until and unless other-
wise provided by Congress. 
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SEC. 4. STUDY OF SPEARFISH CREEK HYDROLOGY. 
(a) IN GENERAL.—The Secretary, acting through the 
United States Geological Survey, shall carry out a study 
of the hydrology of Spearfish Creek, South Dakota. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out the study under subsection (a) $250,000 for each of 
fiscal years 2006 through 2009. 
SEC. 5. SENSE OF CONGRESS. 
It is the sense of Congress that the city of Spearfish, 
South Dakota, to provide for the restoration and improve-
ment of Spearfish Creek, should— 
(1) uphold the Memorandum Agreement of the 
city of Spearfish and the Spearfish Canyon Land-
owners Association, dated September 14, 2004; and 
(2) take action to release additional water flow 
of approximately 5 to 10 cubic feet per second be-
tween the Maurice Intake Dam and the Spearfish 
Diversion. 
Æ 
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