San Carlos Indian Irrigation Project Divestiture Act of 1991
PL 102-231 (H.R.1476), enacted 12/12/1991

105 STAT. 1722 
PUBLIC LAW 102-231—DEC. 12, 1991 
Public Law 102-231 
102d Congress 
An Act 
Dec. 12,1991 
To provide for the divestiture of certain properties of the San Carlos Indian Irrigation 
[H.R. 1476] 
Project in the State of Arizona, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
San Carlos 
United States of America in Congress assembled, 
Indian Irrigation 
Project 
SECTION 1. SHORT TITLE. 
Act of 1991. 
This Act may be cited as the "San Carlos Indian Irrigation Project 
Energy. 
Divestiture Act of 1991". 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) To provide water for irrigating, first, land allotted to Pima 
Indians on the Gila River Reservation and, second, other lands 
in public or private ownership which, in the opinion of the 
Secretary of the Interior, could be served without diminishing 
the supply necessary for the Indian lands. Congress, by the Act 
of June 7, 1924, authorized construction of Coolidge Dam and 
creation of San Carlos Reservoir on the Gila River in Arizona. 
(2) The Secretary, through the San Carlos Irrigation Project 
administered by the Bureau of Indian Affairs, operates Coolidge 
Dam and approximately one hundred irrigation wells to provide 
water to SCIP lands on the Gila River Reservation and to the 
SCIP lands outside the reservation which is within the San 
Carlos Irrigation and Drainage District. 
(3) A hydroelectric power system was developed at Coolidge 
Dam pursuant to the Act of March 7, 1928, as amended, to 
generate power incidental to the use of San Carlos Reservoir for 
storing irrigation water. The system's primary purpose was to 
provide power for irrigation pumping on SCIP lands and for 
BIA agency and school purposes and for irrigation pumping by 
Apache Indians on the San Carlos Reservation. 
(4) SCIP's transmission and distribution system, which has 
been extended to domestic and commercied users on SCIP lands 
and to other homes and businesses not on SCIP lands, currently 
provides service within portions of Pinal, Pima, Maricopa, 
Graham, and Gila Counties covering approximately 3,000 
square miles. 
(5) Unexpectedly low and erratic Gila River flows into San 
Carlos Reservoir since 1928 have limited power generation at 
Coolidge Dam, causing SCIP to secure additional power through 
contracts with the Western Area Power Administration, the 
Salt River Project, and Arizona Public Service Company to meet 
its customers' needs. Since October 1983, when a flood damaged 
the switchyard at Coolidge Dam, no power has been generated 
at the dam. 
(6) Much of SCIP's power system needs modernization, with 
some facilities over sixty years old, well past their design life. 
However, Federal budgetary and administrative policies have 
PUBLIC LAW 102-231—DEC. 12, 1991 
105 STAT. 1723 
impaired long-range, consistent planning and construction nec-
essary for efficient SCIP operation and maintenance and for 
timely replacement of obsolete or worn out facilities. 
(7) Under current repayment terms, the shared obligation of 
the San Carlos Irrigation and Drainage District and the Gila 
River Indian Community to repay the United States for 
construction of SCIP's hydroelectric power system and certain 
improvements thereto will not be met until after the year 2010. 
(8) The Gila River Indian Community, the San Carlos Apache 
Indian Tribe, and the San Carlos Irrigation and Drainage Dis-
trict have petitioned the Congress to authorize the Secretary to 
divest the United States of ownership and responsibility for 
SCIP's electric power transmission and distribution systems, to 
settle the outstanding debt owned by the United States in 
connection with the construction of those systems, to apportion 
equitably among them SCIP's allocation of Federal power re-
sources, and to take such other actions as necessary to carry out 
divestiture. 
(9) On September 15, 1989, the Gila River Indian Community 
and the Arizona Public Service Company, and the San Carlos 
Irrigation and Drainage District, the Arizona Public Service 
Company, Trico Electric Cooperative, Inc., and Electrical Dis-
trict No. 2 of Pinal County, Arizona, signed Statements of 
Principles by which divestiture would be implemented between 
and among them subsequent to enactment of Federal enabling 
authorities as provided in this Act. The same entities subse-
quently signed extensions of the Statements of Principles, as 
amended. 
O
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) PURPOSE.—The purposes of this Act are— 
(1) to authorize the Secretary to divest the United States of 
ownership of the electric transmission and distribution system 
of the San Carlos Irrigation Project; 
(2) to provide for the settlement of the debt obligations owed 
to the United States by the Gila River Indian Community and 
the San Carlos Irrigation and Drainage District in connection 
with the construction of the electric transmission and distribu-
tion system; 
(3) to provide for the reallocation of power resources currently 
allocated to SCIP from Federal hydroelectric power sources; 
(4) to provide funds for the disposal of hazardous waste mate-
rials associated with those areas and components of the SCIP 
electric system transferred to the Gila River Indian Community 
and the San Carlos Apache Tribe and with those areas and 
components retained by the Secretary; 
(5) to facilitate the implementation of divestiture in an or-
derly and economic manner, consistent with the desire and 
intent of the parties to the Statements of Principles and with 
due regard for the rights and interests of current SCIP employ-
ees; and 
(6) to assist the Gila River Indian Community and the San 
Carlos Apache Tribe in their efforts to achieve greater self-
determination and economic self-sufficiency. 
SEC. 3. DEFINITIONS. 
For the purposes of this Act— 
105 STAT. 1724 
PUBLIC LAW 102-231—DEC. 12, 1991 
(1) the term "Arizona Public Service Company" means an 
electric utility corporation organized and existing under the 
laws of the State of Arizona; 
(2) the term "Arizona Corporation Commission" means the 
entity established by Article 15 of the Arizona Constitution to 
regulate and supervise public service corporations in the State 
of Arizona; 
(3) the term "Arizona Power Authority" means the entity 
established under Arizona law to receive and market Arizona's 
allotted share of power generated at Hoover Dam; 
(4) the terms "Electrical District No. 2" and "ED2" mean 
Electrical District Number 2, an electrical district organized 
under the laws of the State of Arizona; 
(5) the terms "Gila River Indian Community" and "GRIC" 
mean the governing body of that community of Pima and 
Maricopa Indians organized pursuant to section 16 of the Act of 
June 18, 1934 (25 U.S.C. 476) and occupying the Gila River 
Reservation in Arizona; 
(6) the term "preference power" means electric power pro-
vided to municipalities, other public corporations or agencies, 
cooperatives, and nonprofit organizations pursuant to the Act of 
June 17, 1902 (32 Stat. 388), and amendments and supplements 
thereto, commonly referred to as Reclamation Law; 
(7) the term "present value" means the economic value of a 
present cash payment utilizing the discount rates and methodol-
ogy established by the Secretary pursuant to section 5301 of the 
Omnibus Budget Reconciliation Act of 1987 (Public Law 100-
203; 101 Stat. 1330-268); 
(8) the terms "San Carlos Apache Tribe" and "SCAT" mean 
the governing body of that tribe of Indians organized pursuant 
to section 16 of the Act of June 18, 1934 (25 U.S.C. 476) and 
occupying the San Carlos Reservation in Arizona; 
(9) the terms "San Carlos Irrigation Project" and "SCIP" 
mean the project authorized pursuant to the Act of June 7,1924 
(43 Stat. 475), expanded pursuant to the Act of March 7,1928 (45 
Stat. 200, 210), and administered by the Bureau of Indian 
Affairs; 
(10) the terms "San Carlos Irrigation and Drainage District" 
and "SCIDD" mean an irrigation and drainage district orga-
nized under the laws of Arizona; 
(11) the term "SCIP electric system" means all electric trans-
mission and distribution facilities, including existing associated 
easements, owned by the United States on behalf of SCIP £ind 
administered by SCIP's Power Division, except Coolidge Dam, 
the electric generating facilities within the dam's powerhouse, 
the lines connecting the powerhouse with the switchyard, to-
gether with such switchyard located on land withdrawn for 
Coolidge Dam; 
(12) the term "Secretary" means the Secretary of the Interior; 
(13) the term "Statements of Principles" means the document 
entered into by the Arizona Public Service (Dompany, the San 
Carlos Irrigation and Drainage District, Trico Electric Coopera-
tive, Inc., and Electrical District No. 2 on September 15,1989, as 
amended and extended on January 14, 1991, and the document 
entered into by the Arizona Public Service Company and the 
Gila River Indian Community Utility Authority on September 
15, 1989, as amended and extended on March 8, 1991, setting 
PUBLIC LAW 102-231—DEC. 12, 1991 
105 STAT. 1725 
forth agreements among the respective parties concerning 
divestiture of SCIP assets both on and off reservation; and 
(14) the terms "Trico Electrical Cooperative" and "TRICO" 
mean the Trico Electrical Cooperative, a corporation organized 
under the laws of the State of Arizona. 
SEC. 4. DIVESTITURE. 
(a) IN GENERAL.—Notwithstanding the Act of September 22, 1961 
(25 U.S.C. 15), the Secretary is directed to transfer the SCIP electric 
system and associated assets in accordance with the provisions of 
this Act no later than December 31,1992. 
(b) TRANSFER TO GRIC—The Secretary shall transfer to the GRIC 
all right, title, and interest of the United States in and to that 
portion of the SCIP electric system located on the Gila River Res-
ervation, including the 5.6-mile section of 69-KV transmission line 
from Coolidge Substation to the reservation. 
(c) TRANSFER TO SCAT.—The Secretary shall transfer to SCAT all 
right, title, and interest of the United States in and to that portion 
of the SCIP electric system located on the San Carlos Apache 
Reservation. 
(d) TRANSFER TO SCIDD.—Subject to the requirements of section 
5(d), the Secretary shall transfer, as is, to SCIDD all right, title, and 
interest of the United States in and to those portions of the SCIP 
electric system not transferred under subsection (b) or (c) or other-
wise transferred or reserved under subsection (a), (e) or (f), expressly 
disclaiming all warranties, expressed or implied, including the im-
plied warranties of merchantability and fitness for a particular 
purpose. 
(e) TRANSFER OF ASSOCIATED ASSETS.—The Secretary shall nego-
tiate an agreement with GRIC, SCAT, and SCIDD providing for the 
transfer to GRIC, SCAT, and SCIDD of all right, title, and interest of 
the United States in and to all associated assets of the SCIP electric 
system not transferred under subsections 4(b), 4(c), and 4(d) of this 
section, including but not limited to vehicles, tools, hardware, spare 
parts, poles, transformers, meters, conductors, and other electric 
system components. The Secretary shall distribute these Eissets in a 
manner that reflects the proportionate number of miles of distribu-
tion lines to be transferred to GRIC, SCAT, and SCIDD (including 
lines provided to SCAT under sections 5(aX2) and 5(a)(3) of this Act) 
and retained in accordance with the implementation of the State-
ments of Principles. 
(f) RETENTION OF FACiLrriES BY THE UNITED STATES.—The Sec-
retary shall retain ownership of the electric generating facilities 
located in the powerhouse and switchyard at Coolidge Dam, includ-
ing lines from the powerhouse to the switchyard. 
(g) OPERATION AND MAINTENANCE.—Upon completion of the trans-
fer of the SCIP electric system and associated assets as provided in 
this Act, the Secretary shall have no responsibility for the operation, 
maintenance, and repair of such system and associated assets, or for 
the electric generating facilities within the Coolidge Dam power-
house. 
SEC. 5. ALLOCATION OF FUNDS. 
(a) IN GENERAL.—The Secretary shall allocate all funds credited to 
the SCIP Power Division as of September 30, 1991, as adjusted for 
activity between September 30, 1991, and the effective date of this 
Act, including cash and temporary investments managed by the 
105 STAT. 1726 
PUBLIC LAW 102-231—DEC. 12, 1991 
Bureau of Indian Affairs, customer deposits and customer advances 
held by the Treasury of the United States, reservations for line 
extensions and installation services, reservations for replacement, 
funds obligated for future power purchases, unreserved and unre-
stricted funds, trade and other accounts receivable, and accrued 
interest income, as follows: 
(1) To GRIG, SCAT, and SCIDD, all customer deposits and all 
customer advances held by the Treasury of the United States, in 
amounts corresponding to the actual deposits and advances 
made by the customers who shall be located within the respec-
tive areas to be served by GRIG, SCAT, and SCIDD as of the 
effective date of this Act, together with such information nec-
essary to enable GRIG, SCAT, and SCIDD to credit such deposits 
and advances to the appropriate customer accounts. 
(2) To SCAT, such sums as may be necessary (not to exceed 
$1,200,000) to be used for construction of a 21KV transmission 
line from Peridot, Arizona, to the community of Bylas on the 
San Carlos Apache Reservation. 
(3) To SCAT, such sums as may be necessary (not to exceed 
$160,000) to be used to purchase all right, title, and interest in 
the electric system presently owned by the Arizona Public 
Service Company within the exterior boundaries of the San 
Carlos Apache Reservation and extending from the western 
boundary of said reservation easterly to the town of Cutter, 
Arizona. 
(4) To a SCIP employee severance fund, to be established by 
the Secretary, not to exceed $750,000, solely for the purpose of 
providing severance pay to SGIP Power Division employees 
eligible for such pay under applicable Federal law and regula-
tions, except that within 180 days after the effective date of this 
Act, any funds remaining in the severance fund shall be trans-
ferred to GRIG. 
(5) To a SCIP reserve account, to be established and adminis-
tered by the Secretary, $4,000,000, to be retained by the Sec-
retary until October 1, 1995, at which time the Secretary shall, 
first, deposit into the Environmental Protection Account estab-
lished pursuant to section 6 an amount equal to the present 
value of the SGIP electrical system debt obligation owed by 
GRIG and its allotted landowners as of September 30,1991, and 
second, transfer the balance remaining in the account to GRIG. 
Prior to October 1, 1995, the Secretary may, in his discretion 
and pursuant to his authorities under Public Law 93-638 (25 
U.S.C. 450 et seq.), make available to GRIG and SCAT the funds 
not retained for deposit into the Environmental Protection 
Account for use in electric system expansion and rehabilitation 
on their respective reservations and for expenses associated 
with providing electric service on such reservations. 
(6) To GRIG, any funds remaining after the allocations set 
forth in the preceding paragraphs (1), (2), (3), (4), and (5) to be 
used for electric system expansion and rehabilitation on the 
Gila River Reservation and for expenses associated with provid-
ing electric utility services on such reservation. 
(b) ACCOUNTING PENDING DIVESTITURE.—From the date of enact-
ment of this Act through the date of allocation of funds as provided 
in this section and section 10, the Secretary shall ensure that no 
cash, temporary investments, or other funds are transferred from 
the SCIP Power Division to the SGIP Irrigation Division or to other 
PUBLIC LAW 102-231—DEC. 12, 1991 
105 STAT. 1727 
Bureau of Indian Affairs managed projects, accounts, funds, or 
activities, and no Power Division funds shall be reserved or obli-
gated for other than routine repairs and maintenance of the SCIP 
Power Division utility plant and for operation of the Power Division. 
(c) GRIC DEBT RESOLUTION.—Deposit into the Environmental 
Protection Account of the amount specified in subsection (a)(5) shall 
constitute full satisfaction of the SCIP electric system debt owed by 
GRIC or its allotted landowners and shall be cause for the Secretary 
to cancel any liens against allotted lands of any member of GRIC or 
against tribal lands within SCIP in connection with such debt. 
(d) SCIDD DEBT RESOLUTION; AGREEMENT.—As a condition prece-
dent to the transfer of the SCIP system and other assets as provided 
in section 4(d), the SCIDD shall enter into an agreement with the 
Secretary. Such agreement shall provide that— 
(1) SCIDD will pay the Secretary an amount equal to the 
present value of the SCIP electric system debt obligation owed 
by SCIDD to the United States as of September 1, 1991, such 
amount to be paid from the proceeds of SCIDD's sale to the 
Arizona Public Service Company of various system assets as 
prescribed by the Statement of Principles entered into by 
SCIDD; 
(2) the total amount to be paid by SCIDD under the agree-
ment shall be paid to the Secretary in annual installments of 
not less than $479,000 for the fiscal years beginning with the 
fiscal year in which this Act takes effect (as provided in section 
10) and ending with fiscal year 1995; 
(3) SCIDD disclaims any right, title, or interest in SCIP Power 
Division funds to be allocated pursuant to subsection (a), except 
for such funds as may be credited to SCIDD pursuant to subsec-
tion (a)(1); and 
(4) payment by SCIDD to the Secretary of the present value 
amount specified in paragraph (1) shall constitute full satisfac-
tion of the SCIP electric system debt owed by SCIDD. 
(e) DEPOSIT INTO ENVIRONMENTAL PROTECTION ACCOUNT.—The 
Secretary shall deposit the funds paid by SCIDD pursuant to subsec-
tion (d)(1) into the Environmental Protection Account established 
under section 6. 
(f) SCAT DEBT RESOLUTION.—The Secretary shall waive any debt 
for electrical service (not to exceed $165,000) which SCIP claims is 
owed by the San Carlos Apache Tribal Utility Authority or SCAT as 
ofSeptember 1,1991. 
SEC. 
6
. 
ENVIRONMENTAL 
PROTECTION 
ACCOUNT. 
The Secretary shall establish an account, to be administered by 
the Bureau of Indian Affairs, to fund such efforts as may be nec-
essary and appropriate to dispose of hazardous waste materials 
associated with those areas and components of the SCIP electric 
system transferred to GRIC and SCAT and with those areas and 
components retained by the Secretary, Beginning on October 1, 
1991, funds deposited into this account pursuant to sections 5(a)(2) 
and 5(e) shall be used to carry out the purposes of this section until 
exhausted. Any funds remaining in the account after October 1, 
2005, shall revert to the general fund of the United States Treasury. 
The Secretary shall be responsible for any hazardous waste disposal 
required by this section not covered by the funds deposited pursuant 
to sections 5(a)(5) and 5(e). 
105 STAT. 1728 
PUBLIC LAW 102-231—DEC. 12, 1991 
C!ontract8. 
SEC. 7. FEDERAL POWER REALLOCATION. 
(a) REALLOCATION OF RESOURCES.—Upon the request of the Sec-
retary, the Secretary of Energy shall enter into such agreements as 
are necessary to reallocate SCIP's allocation of Federal power re-
sources—capacity and energy—as provided in this section. 
(b) SUCCESSORS IN INTEREST.—The Secretary of Energy shall treat 
GRIG, SGIDD, and SCAT as successors in interest to SCIP in 
reallocating SGIP's allocation of capacity and energy from the 
Parker-Davis Project (the two projects consolidated by the Act of 
May 28, 1954 (Chapter 241; 68 Stat. 143)) and the Colorado River 
Storage Project (43 U.S.G. 620 et seq.), including capacity and energy 
available pursuant to the Memorandum of Understanding num-
bered 14-06-300-2632 and Memorandum of Understanding num-
bered DE-MS65-80WP 39041 between the Western Area Power 
Administration, Department of Energy, and the Bureau of Indian 
Affairs, Department of the Interior, and any other agreement to 
provide preference power to SCIP prior to December 31, 1992. 
(c) PROPORTIONS ASSIGNED.—The SCIP allocations of winter and 
summer capacity and energy shall be assigned to GRIG, SGIDD, and 
SCAT in accordance with the proportions set forth in the table 
included in the report of the Senate Select Committee on Indian 
Affairs on this Act. 
(d) RATES.—Preference power—capacity and energy—shall be 
delivered to GRIG, SCAT, and SGIDD pursuant to the allocations 
provided for in this section at the rate established for preference 
power as determined in accordance with ratemaking procedures 
established by the Department of Energy. 
(e) BOULDER CANYON PROJECT.—The Bureau of Indian Affairs 
shall assign its contract with the Arizona Power Authority for 
capacity and energy from the Boulder Canyon Project (43 U.S.C. 617 
et seq.; 45 Stat. 1057) in accordance with the proportions referred to 
in subsection (c) and the Secretary shall request the Arizona Power 
Authority to take all necessary actions required to effectuate such 
assignment in accordance with the contract dated as of September 
15, 1986, between the Arizona Power Authority and the SCIP. 
Contracts. 
(f) LONG-TERM POWER SUPPLY; RATES.—The Secretary shall enter 
into an agreement with GRIG and SGIDD to provide a long-term 
power supply to the irrigation wells and pumps installed by SCIP to 
provide water to SCIP lands on and off the lands of GRIG. The rate 
for the electricity supplied by GRIG and SCIDD shall be based on the 
average cost per kilowatt hour for power purchased by GRIG and 
SGIDD from the Parker-Davis Project and marketed by the Western 
Area Power Administration, plus an allowance for the cost of 
operating and maintaining the transmission and distribution sys-
tems of GRIG and SCIDD, including administrative costs and re-
serves, as long as such power is made available to GRIG and SCIDD 
in quantities sufficient to meet SCIP's pumping requirements. The 
rate shall be reviewed and adjusted annually to reflect any changes 
in the average cost of power purchased by the Parker-Davis Project 
and the actual costs incurred by GRIG and SGIDD to operate and 
maintain the transmission and distribution systems. 
SEC. 8. FEDERAL EMPLOYEES. 
(a) ELECTION TO CONTINUE CERTAIN BENEFITS.—Any Federal em-
ployee at SCIP whose position is terminated by reason of this Act 
who, within thirty days of such termination, is employed by the San 
Carlos Apache Tribal Utility Authority or the Gila River Indian 
PUBLIC LAW 102-231—DEC. 12, 1991 
105 STAT. 1729 
Community Utility Authority is entitled, if the employee and the 
respective authority so elect, to the following: 
(1) To retain coverage, rights, and benefits under subchapter I 
of chapter 81 (relating to compensation for work injuries) of title 
5, United States Code, and for this purpose employment with 
the tribal authority shall be deemed employment by the United 
States. However, if an injured employee, or his dependents in 
case of his death, receives from the tribal authority any pay-
ment (including an allowance, gratuity, payment under an 
insurance policy for which the premium is wholly paid by the 
tribal authority, or other benefit of any kind) on account of the 
same injury or death, the amount of that payment shall be 
credited against any benefit payable under subchapter I of 
chapter 81 of title 5, United States Code, as follows: 
(A) Payments on account of injury or disability shall be 
credited against disability compensation payable to the 
injured employee. 
(B) Payments on account of death shall be credited 
against death compensation payable to dependents of the 
deceased employee. 
(2) To retain coverage, rights, and benefits under chapter 83 
(relating to retirement) or chapter 84 (relating to Federal 
employees' retirement system) of title 5, United States Code, if 
necessary employee deductions and agency contributions in 
payment for coverage, rights, and benefits for the period of 
employment with the tribal authority are currently deposited in 
the Civil Service Retirement and Disability Fund (pursuant to 
chapter 88 or chapter 84 of title 5, United States Code) and, if 
appropriate, the Thrift Savings Fund (pursuant to section 8432 
of title 5, United States Code), and the period during which 
coverage, rights, and benefits are retained under this paragraph 
is deemed creditable service under section 8332 or 8411 of title 5, 
United States Code. Days of unused sick leave to the credit of an 
employee under a formal leave system at the time the employee 
leaves Federal employment to be employed by a tribal authority 
remain to his credit for retirement purposes during covered 
service with the tribal authority. 
(3) To retain coverage, rights, and benefits under chapter 89 
(relating to health insurance) of title 5, United States Code, if 
necessary employee deductions and agency contributions in 
payment for the coverage, rights, and benefits for the period of 
employment with the tribal authority are currently deposited in 
the Employee's Health Benefit Fund (pursuant to section 8909 
of title 5, United States Code), and the period during which 
coverage, rights, and benefits are retained under this paragraph 
is deemed service as an employee under chapter 89 of title 5, 
United States Code. 
(4) To retain coverage, rights, and benefits under chapter 87 
(relating to life insurance) of title 5, United States Code, if 
necessary employee deductions and agency contributions in 
payment for the coverage, rights, and benefits for the period of 
employment with the tribal authority are currently deposited in 
the Employee's Life Insurance Fund (pursuant to section 8714 of 
title 5, United States Code), and the period during which cov-
erage, rights, and benefits are retained under this paragraph is 
deemed service as an employee under chapter 87 of title 5, 
United State Code. 
105 STAT. 1730 
PUBLIC LAW 102-231—DEC. 12, 1991 
(b) AGENCY CONTRIBUTIONS.—During the period an employee is 
entitled to the coverage, rights, and benefits pursuant to subsection 
(a), the tribal authority emplojdng such employee shall deposit 
currently in the appropriate funds the employee deductions and 
agency contributions required by paragraphs (2), (3), and (4) of 
subsection (a). 
(c) PRIORITY PLACEMENT.—The Secretary shall establish and main-
tain a Departmental Priority Placement Program for SCIP employ-
ees serving in competitive positions under career or career-condi-
tional appointments who have satisfactory levels of performance 
and who receive a notice of involuntary separation as a result of 
divestiture of the SCIP electric system pursuant to the provisions of 
this Act. Employees must apply in writing for placement into the 
program not later than thirty calendar days after receipt of notice of 
involuntary separation. Employees shall be entitled to be placed on 
a priority basis into vacant positions outside the competitive area 
from which they are separated, at the same grade or level they last 
held in the agency and for which they are qualified, based upon the 
availability of such positions. 
(d) DEFINITIONS.—For the purposes of this section— 
(1) the term "employee' means an employee as defined in 
section 2106 of title 5, United States Code; 
(2) the term "agency" means the Bureau of Indian Affairs; 
and 
(3) the term "involuntary separation" means any separation 
from agency employment against the will and without the 
consent of the employee. 
(e) REGULATIONS.—The Secretary may prescribe regulations nec-
essary to carry out the provisions of this section and to protect and 
assure the compensation, retirement, insurance, leave, reemploy-
ment rights, and such other similar civil service employment rights 
as he finds appropriate. 
SEC. 9. MISCELLANEOUS. 
(a) EFFECT ON EXISTING RIGHTS.—Nothing in this Act shall— 
(1) affect any right of the City of Mesa, Arizona, to deliver 
electric service to lands currently owned by the City of Mesa in 
Pinal County, Arizona; or 
(2) be construed as having any effect on the right of any 
Arizona incorporated rural electric cooperative to seek to pro-
vide electric service pursuant to existing Federal or State law. 
(b) APPROVAL BY ARIZONA CORPORATION COMMISSION.—Approval 
by the Arizona Corporation Commission of the allocation of electric 
service areas and systems as set forth in the Statements of Prin-
ciples shall constitute recognition and confirmation of the financial 
viability and territorial integrity of the signatories to the State-
ments of Principles within the meaning of the provisions of the 
Rural Electrification Act of May 20, 1936, as amended (7 U.S.C. 901 
et seq.; 49 Stat. 1363; 63 Stat. 948). 
(c) EXISTING OBLIGATION OF THE UNITED STATES.—Nothing in this 
Act shall affect any obligation of the United States to SCAT to 
provide power at the rate of 2 mils per kilowatt hour for irrigation 
pumping and agency and school purposes pursuant to the Act of 
March 7,1928 (45 Stat. 200, 210). 
(d) SCIP IRRIGATION DIVISION.—The Secretary is authorized to 
expend not more than $1,200,000 from funds credited to the SCIP 
Irrigation Division to acquire not more than ten acres of land and to 
PUBLIC LAW 102-231—DEC. 12, 1991 
105 STAT. 1731 
acquire or construct such facilities as may be necessary and appro-
priate to provide for the efficient maintenance, operation, and 
administration of the SCIP Irrigation Division. 
SEC. 10. EFFECTIVE DATE. 
Contracts. 
(a) IN GENERAL.—Transfer of SCIP facilities and assets to GRIC, 
SCAT, and SCIDD under section 4 and allocation of funds under 
section 5 shall not take effect until such time as the Secretary issues 
a statement of findings that— 
(1) the Arizona Corporation Commission has approved, pursu-
ant to Arizona law, the allocation of electric service areas and 
systems as set forth in the Statements of Principles; 
(2) the Secretary has entered into an agreement with GRIC, 
SCAT, and SCIDD providing for the division of assets as pro-
vided in section 4(e); 
(3) the Secretary has entered into an agreement with GRIC 
and SCIDD providing for a long-term power supply to SCIP 
pumps as provided in section 7(f); 
(4) all agreements necessary for the reallocation of preference 
power as required by section 7 have been executed and the 
Bureau of Indian Affairs has assigned its contract with the 
Arizona Power Authority to GRIC, SCAT and SCIDD in accord-
ance with the terms of such contract and the proportions pre-
scribed in section 7; 
(5) the Arizona Public Service Company has terminated its 
existing wholesale power agreement with SCIP and released 
SCIP from paying any termination charges under such agree-
ment; and 
(6) SCIDD has entered into the agreement with the Secretary 
as required in section 5(d). 
(b) REVERSION IF REQUIREMENTS NOT MET.—Unless all of the 
conditions and requirements set forth in subsection (a) have been 
met by December 31, 1992, all contracts entered into pursuant to 
this Act shall be null and void, the United States shall retain 
ownership and control of the SCIP electric system and all associated 
funds and assets as it did before the date of the enactment of this 
Act, and any preference power reallocation made pursuant to sec-
tion 7 of this Act shall revert back to the SCIP under the same terms 
105 STAT. 1732 
PUBLIC LAW 102-231—DEC. 12, 1991 
and conditions that existed prior to the date of the enactment of this 
Act. 
Approved December 12, 1991. 
LEGISLATIVE HISTORY—H.R. 1476: 
HOUSE REPORTS: No. 102-360 (C!omm. on Interior and Insular Affairs). 
CX)NGRESSIONAL RECX)RD, Vol. 137 (1991): 
Nov. 23, considered and passed Hoiise. 
Nov. 25, considered and passed Senate. 
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