S. 739Senate118th Congress (2023-2025)In Committee

A bill to clarify jurisdiction with respect to certain Bureau of Reclamation pumped storage development, and for other purposes.

Sponsored by Mark KellySen. Mark Kelly (D-AZ)
Introduced March 9, 2023

AI-Generated Summary

Updated January 20, 2026 at 4:37 AM UTC

S. 739 clarifies federal jurisdiction over a specific stretch of National Forest land along the Salt River in Arizona that is used for Bureau of Reclamation pumped‑storage projects. It reserves that land for the United States, withdraws it from public‑land and mining laws, and sets rules for how the Salt River Project (SRP) can design, build, and operate power facilities there. The bill also requires a map of the land and ties management to an existing inter‑agency memorandum.

Key Provisions

  • Defines “covered land” as a defined portion of National Forest land near the Salt River, excluding certain wilderness and monument areas.
  • Reserves the covered land to the United States for exclusive use in developing, generating, and transmitting electricity for the Salt River Federal Reclamation Project.
  • Permanently withdraws the covered land from public‑land entry, mining, and mineral‑leasing statutes.
  • Requires SRP‑built facilities to meet Bureau of Reclamation design standards and to be inspected and approved by the Secretary of the Interior before title is transferred to the United States.
  • Mandates that the Secretary of Agriculture produce and make publicly available a map showing the land’s boundaries.
  • Specifies that land management follows a 1979 memorandum among the Salt River Project, the Forest Service, and the Bureau of Reclamation.

Legislative Activity

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5 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 579.

November 21, 2024

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SenateIntro Referral

Introduced in Senate

March 9, 2023

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

March 9, 2023

SenateCommittee

Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held. With printed Hearing: S.Hrg. 118-287.

July 19, 2023

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

November 19, 2024

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Manchin with an amendment in the nature of a substitute. Without written report.

November 21, 2024

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 579.

November 21, 2024

Bill Text

2 versions available

Reading Mode
Latest
Reported to SenateIssued November 21, 2024

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