II Calendar No. 579 118th CONGRESS 2d Session S. 739 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Kelly (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources November 21, 2024 Reported by Mr. Manchin , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To clarify jurisdiction with respect to certain Bureau of Reclamation pumped storage development, and for other purposes.

1. Land withdrawal and reservation (a) Definitions In this section: (1) Agreement The term Agreement means the agreement between the United States and the Association dated September 6, 1917. (2) Association The term Association means the Salt River Valley Water Users' Association. (3) Covered land The term covered land means the portion of the National Forest System land located on the south side of the Salt River from the March 9, 1903, 1-mile withdrawal area for Reclamation purposes extending an additional 2 miles from the Salt River at Roosevelt Dam to 18.25 river miles downstream, not including the Superstition Mountain Wilderness Area and the Tonto National Monument, as depicted on the Map. (4) District The term District means the Salt River Project Agricultural Improvement and Power District. (5) Map The term Map means the map prepared under subsection (e)(1). (6) SRP The term SRP means— (A) the District; and (B) the Association. (b) Reservation of covered land Subject to valid existing rights, the covered land is reserved to the United States, through the Secretary of the Interior, for the exclusive right to use the covered land and interests in the covered land for the development, generation, and transmission of electrical power and energy for the use and benefit of the Salt River Federal Reclamation Project pursuant to the Agreement. (c) Withdrawal of covered land The covered land is permanently withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (d) Title to facilities With respect to facilities constructed by SRP on the covered land for the development, generation, and transmission of electrical power and energy— (1) title shall be held by the United States as part of the Salt River Federal Reclamation Project pursuant to— (A) section 6 of the Act of June 17, 1902 (32 Stat. 389, chapter 1093; 43 U.S.C. 498 ); and (B) the Agreement; and (2) SRP shall be responsible for the care, operation, and maintenance pursuant to the Agreement. (e) Map (1) In general As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall prepare a map depicting the boundary of the covered land. (2) Availability The Map shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Reclamation.

1. Land withdrawal and reservation (a) Definitions In this section: (1) Agreement The term Agreement means the agreement between the United States and the Association dated September 6, 1917, as amended. (2) Association The term Association means the Salt River Valley Water Users’ Association. (3) Covered land The term covered land means the portion of the National Forest System land located on the south side of the Salt River from the March 9, 1903, 1-mile withdrawal area for Bureau of Reclamation purposes extending an additional 2 miles from the Salt River at Roosevelt Dam to 18.25 river miles downstream, in the State of Arizona, not including the Superstition Mountain Wilderness Area and the Tonto National Monument, as depicted on the Map. (4) District The term District means the Salt River Project Agricultural Improvement and Power District. (5) Map The term Map means the map prepared under subsection (e)(1). (6) SRP The term SRP means— (A) the District; and (B) the Association. (b) Reservation of covered land Subject to valid existing rights, the covered land is reserved to the United States, through the Secretary of the Interior, for the exclusive right to use the covered land and interests in the covered land for the development, generation, and transmission of electrical power and energy for the use and benefit of the Salt River Federal Reclamation Project pursuant to the Agreement. (c) Withdrawal of covered land The covered land is permanently withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (d) Facilities With respect to facilities constructed by SRP on the covered land for the development, generation, and transmission of electrical power and energy— (1) the design and specifications shall conform to Bureau of Reclamation standards and final designs shall be subject to review and approval by the Secretary of the Interior; (2) all construction work shall be subject to inspection and approval by the Secretary of the Interior; (3) on a determination of substantial completion of the applicable facilities, the Secretary of the Interior shall accept title on behalf of the United States as part of the Salt River Federal Reclamation Project pursuant to— (A) section 6 of the Act of June 17, 1902 (32 Stat. 389, chapter 1093; 43 U.S.C. 498 ); and (B) the Agreement; and (4) SRP shall be responsible for the care, operation, and maintenance pursuant to the Agreement. (e) Map (1) In general As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall prepare a map depicting the boundary of the covered land. (2) Availability The Map shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Reclamation. (f) Management of covered land The covered land shall be managed in accordance with the memorandum entitled Management Memorandum among the Salt River Project Agricultural Improvement and Power District, United States Department of Agriculture Forest Service and United States Bureau of Reclamation and dated April 27, 1979, as amended.

November 21, 2024 Reported with an amendment