II
113th CONGRESS
1st Session
S. 306
IN THE SENATE OF THE UNITED STATES
February 13, 2013
Mr. Barrasso(for himself,Mr. Risch,Mr. Enzi, andMr. Crapo) introduced the following bill; which was read twice and referred to theCommittee on Energy and Natural Resources
A BILL
To authorize all Bureau of Reclamation conduit facilities for hydropower development under Federal Reclamation law, and for other purposes.
Short title
This Act may be cited as theBureau
of Reclamation Small Conduit Hydropower Development and Rural Jobs
Act
.
Authorization
Section 9(c) of the Reclamation Project Act of 1939(43 U.S.C. 485h(c))is amended—
by strikingTheSecretaryis authorized to enter into contracts to furnish water
and inserting the following:
TheSecretaryis authorized to enter into contracts to furnish water
;
by striking(1) shall
and inserting(A) shall
;
by striking(2) shall
and inserting(B) shall
;
by strikingrespecting the terms of sales of electric power and leases of power
privileges shall be in addition and alternative to any authority in existing
laws relating to particular projects
and insertingrespecting
the sales of electric power and leases of power privileges shall be an
authorization in addition to and alternative to any authority in existing laws
related to particular projects, including small conduit hydropower
development
; and
by adding at the end the following:
When carrying out this subsection, theSecretaryshall first offer the lease of power privilege to an irrigation district or water users association operating the applicable transferred work, or to the irrigation district or water users association receiving water from the applicable reserved work. TheSecretaryshall determine a reasonable time frame for the irrigation district or water users association to accept or reject a lease of power privilege offer.
The National Environmental Policy Act of 1969(42 U.S.C. 4321 et seq.)shall not apply to small conduit hydropower development, excluding siting of associated transmission on Federal lands, under this subsection.
ThePower Resources Office of the Bureau of Reclamationshall be the lead office of small conduit hydropower activities conducted under this subsection.
Nothing in this subsection shall obligate theWestern Area Power Administration, theBonneville Power Administration, or theSouthwestern Power Administrationto purchase or market any of the power produced by the facilities covered under this subsection and none of the costs associated with production or delivery of such power shall be assigned to project purposes for inclusion in project rates.
Nothing in this subsection shall alter or impede the delivery and management of water byBureau of Reclamationfacilities, as water used for conduit hydropower generation shall be deemed incidental to use of water for the original project purposes. Lease of power privilege shall be made only when, in the judgment of theSecretary, the exercise of the lease will not be incompatible with the purposes of the project or division involved, nor shall it create any unmitigated financial or physical impacts to the project or division involved, and shall be on such terms and conditions as in the judgment of theSecretaryin consultation with the appropriate irrigation district or water users association, will adequately protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved.
Nothing in this subsection shall alter or affect any existing agreements for the development of conduit hydropower projects or disposition of revenues.
In this subsection:
Conduit
The termconduitmeans anyBureau of Reclamationtunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
Irrigation district
The termirrigation districtmeans any irrigation, water conservation, multicounty water conservation district, or any separate public entity composed of two or more such districts and jointly exercising powers of its member districts.
Reserved work
The termreserved workmeans any conduit that is included in project works the care, operation, and maintenance of which has been reserved by theSecretary, through theCommissioner of the Bureau of Reclamation.
Transferred work
The termtransferred workmeans any conduit that is included in project works the care, operation, and maintenance of which has been transferred to a legally organized water users association or irrigation district.
Small conduit hydropower
The termsmall conduit hydropowermeans a facility capable of producing 5 megawatts or less of electric capacity.
.
