Summary#
The San Carlos Irrigation Project Divestiture Act of 2026 is a proposed new federal law. It would direct the Interior Secretary to transfer the San Carlos Irrigation Project’s electric transmission and distribution system and related assets, while allowing broader contracts for other Bureau of Indian Affairs (BIA) utility systems. Its stated goals include supporting reliable, cost-effective power and tribal self-determination; those are goals, not guaranteed results. The bill has not become law.
- The Secretary must make a transfer plan in coordination with affected federal, state, tribal, local and private representatives. The bill does not name who would receive the SCIP system.
- The transfer covers transmission and distribution facilities and associated easements, but excludes Coolidge Dam, its generating facilities, connecting lines and switchyard.
- The receiving entity or entities must pay the transfer’s administrative costs. If the Secretary determines federal funds may be needed, the Secretary must give Congress information supporting that need.
- The bill says the 1991 Act’s reversion provision does not apply to this transfer. It also says the Secretary’s responsibilities under the Arizona Water Settlements Act continue.
- For BIA utility systems generally, the Secretary may make agreements with a tribe or another entity, if the tribe and Secretary agree, covering sale, operation, maintenance, repairs or relocation. Proposed contracts must be sent to two congressional committees and generally lie before them for 60 days.
What it means for you#
- SCIP electricity customers: The system’s ownership would be transferred if the bill becomes law. The bill does not set customer rates, guarantee service levels or say which utility would serve each customer.
- Tribes and utilities: The bill names the Gila River Indian Community, the San Carlos Apache Tribe and several utilities in its background, but does not require transfer to any particular one. Any recipient would be responsible for administrative transfer costs.
- BIA and the Interior Secretary: The Secretary must prepare the transfer plan. The Secretary may also make the broader BIA utility contracts described above; those contracts are not required.
- Employees: The bill’s purpose refers to regard for current employees’ interests, but its operative provisions do not set job, transfer or employment protections.
- Federal taxpayers: The bill does not appropriate a specific amount. If the Secretary determines federal funds may be necessary for the transfer, the Secretary must submit supporting information to Congress.
Money#
No cost information is in the available material.
- Receiving entities must pay administrative costs of the SCIP transfer.
- The bill allows the Secretary to seek federal funds if the Secretary determines they may be needed, but it does not provide an amount or itself appropriate those funds.
- No estimate is provided for staffing, contract costs, customer savings or changes in electricity rates.
What is unclear#
- The bill does not identify the SCIP system’s recipient or recipients, set a transfer deadline, or describe how the transfer would be divided.
- “Associated assets” is not defined. The bill also does not set out transfer steps, oversight, appeals or customer protections.
- The bill’s purpose mentions reallocating federal hydroelectric power to the Not-for-Profit Utilities Group, but its operative provisions do not specify an allocation or require that reallocation.
- The bill does not explain how current employees’ interests would be addressed or how customers would be involved.
- The supplied material does not include the 1991 Act or the other referenced laws. Their current requirements and the precise effect of setting aside the 1991 Act’s reversion provision could not be verified.
Case for#
- The bill appears intended to address aging electric infrastructure and the project’s reported difficulty securing long-term power contracts and financing.
- Transferring the system could give its new owner more room to plan and pay for upkeep. That is a possible effect, not a guaranteed result.
- Requiring affected governments, tribes, utilities and other parties to coordinate on a plan could help organize a complicated transfer.
- The bill keeps the Secretary’s Arizona Water Settlements Act responsibilities in place.
Case against#
- The bill orders a transfer without naming the recipient, setting a deadline or spelling out how service would continue during the change.
- It does not require the planned power reallocation, or set rate, reliability or employee protections. Its stated goals do not ensure those outcomes.
- The transfer’s administrative costs fall on the receiving entity or entities, but the bill provides no estimate. It also leaves open whether federal funding may be sought.
- The bill gives the Secretary broad authority to make contracts for BIA utility systems beyond SCIP, while leaving many contract terms to agreement and the Secretary’s judgment.