[Pages H3264-H3265]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SOUTH UTAH VALLEY ELECTRIC CONVEYANCE ACT

Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 251) to direct the Secretary of the Interior to
convey certain Federal features of the electric distribution system to
the South Utah Valley Electric Service District, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 251

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``South Utah Valley Electric
Conveyance Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) District.--The term ``District'' means the South Utah
Valley Electric Service District, organized under the laws of
the State of Utah.
(2) Electric distribution system.--The term ``Electric
Distribution System'' means fixtures, irrigation, or power
facilities lands, distribution fixture lands, and shared
power poles.
(3) Fixtures.--The term ``fixtures'' means all power poles,
cross-members, wires, insulators and associated fixtures,
including substations, that--
(A) comprise those portions of the Strawberry Valley
Project power distribution system that are rated at a voltage
of 12.5 kilovolts and were constructed with Strawberry Valley
Project revenues; and
(B) any such fixtures that are located on Federal lands and
interests in lands.
(4) Irrigation or power facilities lands.--The term
``irrigation or power facilities lands'' means all Federal
lands and interests in lands where the fixtures are located
on the date of the enactment of this Act and which are
encumbered by other Strawberry Valley Project irrigation or
power features, including lands underlying the Strawberry
Substation.
(5) Distribution fixture lands.--The term ``distribution
fixture lands'' means all Federal lands and interests in
lands where the fixtures are located on the date of the
enactment of this Act and which are unencumbered by other
Strawberry Valley Project features, to a maximum corridor
width of 30 feet on each side of the centerline of the
fixtures' power lines as those lines exist on the date of the
enactment of this Act.
(6) Shared power poles.--The term ``shared power poles''
means poles that comprise those portions of the Strawberry
Valley Project Power Transmission System, that are rated at a
voltage of 46.0 kilovolts, are owned by the United States,
and support fixtures of the Electric Distribution System.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 3. CONVEYANCE OF ELECTRIC DISTRIBUTION SYSTEM.

(a) In General.--Inasmuch as the Strawberry Water Users
Association conveyed its interest, if any, in the Electric
Distribution System to the District by a contract dated April
7, 1986, and in consideration of the District assuming from
the United States all liability for administration,
operation, maintenance, and replacement of the Electric
Distribution System, the Secretary shall, as soon as
practicable after the date of the enactment of this Act and
in accordance with all applicable law convey and assign to
the District without charge or further consideration--
(1) all of the United States right, title, and interest in
and to--
(A) all fixtures owned by the United States as part of the
Electric Distribution System; and
(B) the distribution fixture land;
(2) license for use in perpetuity of the shared power poles
to continue to own, operate, maintain, and replace Electric
Distribution Fixtures attached to the shared power poles; and
(3) licenses for use and for access in perpetuity for
purposes of operation, maintenance, and replacement across,
over, and along--
(A) all project lands and interests in irrigation and power
facilities lands where the Electric Distribution System is
located on the date of the enactment of this Act that are
necessary for other Strawberry Valley Project facilities (the
ownership of such underlying lands or interests in lands
shall remain with the United States), including lands
underlying the Strawberry Substation; and
(B) such corridors where Federal lands and interests in
lands--
(i) are abutting public streets and roads; and
(ii) can provide access that will facilitate operation,
maintenance, and replacement of facilities.
(b) Compliance With Environmental Laws.--
(1) In general.--Before conveying lands, interest in lands,
and fixtures under subsection (a), the Secretary shall comply
with all applicable requirements under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(C) any other law applicable to the land and facilities.
(2) Effect.--Nothing in this Act modifies or alters any
obligations under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(c) Power Generation and 46kV Transmission Facilities
Excluded.--Except for the uses as granted by license in
Shared Power Poles under section 3(a)(2), nothing in this Act
shall be construed to grant or convey to the District or any
other party, any interest in any facilities shared or
otherwise that comprise a portion of the Strawberry Valley
Project power generation system or the federally owned
portions of the 46 kilovolt transmission system which
ownership shall remain in the United States.

SEC. 4. EFFECT OF CONVEYANCE.

On conveyance of any land or facility under section
3(a)(1)--
(1) the conveyed and assigned land and facilities shall no
longer be part of a Federal reclamation project;
(2) the District shall not be entitled to receive any
future Bureau or Reclamation benefits with respect to the
conveyed and assigned land and facilities, except for
benefits that would be available to other non-Bureau of
Reclamation facilities; and
(3) the United States shall not be liable for damages
arising out of any act, omission, or occurrence relating to
the land and facilities, including the transaction of April
7, 1986, between the Strawberry Water Users Association and
Strawberry Electric Service District.

SEC. 5. REPORT.

If a conveyance required under section 3 is not completed
by the date that is 1 year after the date of the enactment of
this Act, not later than 30 days after that date, the
Secretary shall submit to Congress a report that--
(1) describes the status of the conveyance;
(2) describes any obstacles to completing the conveyance;
and
(3) specifies an anticipated date for completion of the
conveyance.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. Hastings) and the gentleman from Arizona (Mr. Grijalva)
each will control 20 minutes.
The Chair recognizes the gentleman from Washington.

General Leave

Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. HASTINGS of Washington. I yield myself as much time as I may
consume.
Mr. Speaker, H.R. 251, sponsored by our colleague from Utah (Mr.
Chaffetz) transfers the Federal title of an electricity distribution
system to a local entity that already operates and maintains the
system. This transfer resolves ownership uncertainty due to a Federal
paperwork error, gives the local electricity provider equity to
leverage capital investment, and reduces Federal liability and cost.
Congress has passed over two dozen similar transfers, including one
in my district, the Yakima-Tieton transfer, under both Republican and
Democrat majorities. The House passed this identical transfer bill by a
voice vote in the last Congress due to its noncontroversial and
commonsense nature. So I urge my colleagues to support its adoption
once again.
I reserve the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, H.R. 251, as indicated by the chairman, seeks to
transfer title on portions of the South Utah Valley electric
distribution system from the Bureau of Reclamation to the South Utah
Valley Electric Service District.
Current reclamation law requires that title to reclamation projects,
land, and facilities remain with the United States until specifically
authorized by Congress. Similar legislation passed the House on
suspension last Congress, and we have no objection to H.R. 251.
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I'm very pleased to yield 3

[[Page H3265]]

minutes to the gentleman from Utah (Mr. Chaffetz), the sponsor of this
legislation.
Mr. CHAFFETZ. Mr. Speaker, I want to thank the chairman and the
ranking member here for their consideration. This is a good,
commonsense bill. It passed out of the Congress last time, and I
appreciate the bipartisan nature, particularly the gentleman from
Arizona (Mr. Grijalva), for his positive words in the passage of this
piece of legislation.
H.R. 251, the South Utah Valley Electric Conveyance Act, transfers
title on certain portions of the electric distribution system operated
by the South Utah Valley Electric Service District, SESD, from the
Bureau of Reclamation to SESD. Local users repaid all applicable
construction costs to the Federal Government decades ago.

{time} 1710

This bill, H.R. 251, is needed because in order to become more
efficient and more effective, ownership needs to be transferred. The
system is part of the larger Strawberry Valley Project, which began in
1906.
This title transfer benefits the Federal taxpayers and the local
communities that use the system. The transfer of title will divest the
Bureau of Reclamation of Federal liability while providing SESD greater
autonomy and flexibility to manage facilities in a manner that best
meets its needs.
H.R. 251 is consistent with existing Federal policy, and since 1996,
as the chairman mentioned, there have been roughly 27 Bureau of
Reclamation projects to local entities that have gone through this
transfer type of process. An identical bill, H.R. 461, passed in the
House in the 112th Congress by voice vote, passed this September 23 of
2011.
I urge my colleagues to vote ``yes.'' I appreciate, again, the good
work on both sides of the aisle to help pass this, and I urge a ``yes''
vote.
Mr. HASTINGS of Washington. Mr. Speaker, I have no further requests.
If the gentleman from Arizona is prepared to yield back, I'm prepared
to yield back.
Mr. GRIJALVA. Thank you, Mr. Chairman. I yield back the balance of my
time.
Mr. HASTINGS of Washington. I yield back the balance of my time and
urge adoption of the legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Hastings) that the House suspend the
rules and pass the bill, H.R. 251.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.

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