[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 499 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 499

     To authorize the Secretary of the Interior to facilitate the 
 development of hydroelectric power on the Diamond Fork System of the 
                         Central Utah Project.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2011

   Mr. Hatch introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
     To authorize the Secretary of the Interior to facilitate the 
 development of hydroelectric power on the Diamond Fork System of the 
                         Central Utah Project.

    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 ``Bonneville Unit Clean Hydropower 
Facilitation Act''.

SEC. 2. DIAMOND FORK SYSTEM DEFINED.

    For the purposes of this Act, the term ``Diamond Fork System'' 
means the facilities described in chapter 4 of the October 2004 
Supplement to the 1988 Definite Plan Report for the Bonneville Unit.

SEC. 3. COST ALLOCATIONS.

    Notwithstanding any other provision of law, in order to facilitate 
hydropower development on the Diamond Fork System, the amount of 
reimbursable costs allocated to project power in Chapter 6 of the Power 
Appendix in the October 2004 Supplement to the 1988 Bonneville Unit 
Definite Plan Report, with regard to power development within the 
Diamond Fork System, shall be considered final costs as well as costs 
in excess of the total maximum repayment obligation as defined in 
section 211 of the Central Utah Project Completion Act of 1992 (Public 
Law 102-575), and shall be subject to the same terms and conditions.

SEC. 4. NO PURCHASE OR MARKET OBLIGATION; NO COSTS ASSIGNED TO POWER.

    Nothing in this Act shall obligate the Western Area Power 
Administration to purchase or market any of the power produced by the 
Diamond Fork power plant and none of the costs associated with 
development of transmission facilities to transmit power from the 
Diamond Fork power plant shall be assigned to power for the purpose of 
Colorado River Storage Project ratemaking.

SEC. 5. PROHIBITION ON TAX-EXEMPT FINANCING.

    No facility for the generation or transmission of hydroelectric 
power on the Diamond Fork System may be financed or refinanced, in 
whole or in part, with proceeds of any obligation--
            (1) the interest on which is exempt from the tax imposed 
        under chapter 1 of the Internal Revenue Code of 1986, or
            (2) with respect to which credit is allowable under subpart 
        I or J of part IV of subchapter A of chapter 1 of such Code.

SEC. 6. REPORTING REQUIREMENT.

    If, 24 months after the date of the enactment of this Act, 
hydropower production on the Diamond Fork System has not commenced, the 
Secretary of the Interior shall submit a report to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate stating this fact, the 
reasons such production has not yet commenced, and a detailed timeline 
for future hydropower production.

SEC. 7. PAYGO.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

SEC. 8. LIMITATION ON THE USE OF FUNDS.

    The authority under the provisions of section 301 of the Hoover 
Power Plant Act of 1984 (Public Law 98-381; 42 U.S.C. 16421a) shall not 
be used to fund any study or construction of transmission facilities 
developed as a result of this Act.
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