[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 306 Reported in Senate (RS)]

                                                        Calendar No. 68
113th CONGRESS
  1st Session
                                 S. 306

     To authorize all Bureau of Reclamation conduit facilities for 
  hydropower development under Federal Reclamation law, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2013

  Mr. Barrasso (for himself, Mr. Risch, Mr. Enzi, Mr. Crapo, and Mr. 
Flake) introduced the following bill; which was read twice and referred 
            to the Committee on Energy and Natural Resources

                              May 13, 2013

                Reported by Mr. Wyden, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
     To authorize all Bureau of Reclamation conduit facilities for 
  hydropower development under Federal Reclamation law, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Bureau of Reclamation Small 
Conduit Hydropower Development and Rural Jobs Act''.</DELETED>

<DELETED>SEC. 2. AUTHORIZATION.</DELETED>

<DELETED>    Section 9(c) of the Reclamation Project Act of 1939 (43 
U.S.C. 485h(c)) is amended--</DELETED>
        <DELETED>    (1) by striking ``The Secretary is authorized to 
        enter into contracts to furnish water'' and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) The Secretary is authorized to enter into 
        contracts to furnish water'';</DELETED>
        <DELETED>    (2) by striking ``(1) shall'' and inserting ``(A) 
        shall'';</DELETED>
        <DELETED>    (3) by striking ``(2) shall'' and inserting ``(B) 
        shall'';</DELETED>
        <DELETED>    (4) by striking ``respecting 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 inserting ``respecting 
        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</DELETED>
        <DELETED>    (5) by adding at the end the following:</DELETED>
                <DELETED>    ``(2) When carrying out this subsection, 
                the Secretary shall 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. The Secretary shall determine a 
                reasonable time frame for the irrigation district or 
                water users association to accept or reject a lease of 
                power privilege offer.</DELETED>
                <DELETED>    ``(3) 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.</DELETED>
                <DELETED>    ``(4) The Power Resources Office of the 
                Bureau of Reclamation shall be the lead office of small 
                conduit hydropower activities conducted under this 
                subsection.</DELETED>
                <DELETED>    ``(5) Nothing in this subsection shall 
                obligate the Western Area Power Administration, the 
                Bonneville Power Administration, or the Southwestern 
                Power Administration to 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.</DELETED>
                <DELETED>    ``(6) Nothing in this subsection shall 
                alter or impede the delivery and management of water by 
                Bureau of Reclamation facilities, 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 the Secretary, 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 the 
                Secretary in 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.</DELETED>
                <DELETED>    ``(7) Nothing in this subsection shall 
                alter or affect any existing agreements for the 
                development of conduit hydropower projects or 
                disposition of revenues.</DELETED>
                <DELETED>    ``(8) In this subsection:</DELETED>
                        <DELETED>    ``(A) Conduit.--The term `conduit' 
                        means any Bureau of Reclamation tunnel, 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.</DELETED>
                        <DELETED>    ``(B) Irrigation district.--The 
                        term `irrigation district' means 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.</DELETED>
                        <DELETED>    ``(C) Reserved work.--The term 
                        `reserved work' means any conduit that is 
                        included in project works the care, operation, 
                        and maintenance of which has been reserved by 
                        the Secretary, through the Commissioner of the 
                        Bureau of Reclamation.</DELETED>
                        <DELETED>    ``(D) Transferred work.--The term 
                        `transferred work' means 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.</DELETED>
                        <DELETED>    ``(E) Small conduit hydropower.--
                        The term `small conduit hydropower' means a 
                        facility capable of producing 5 megawatts or 
                        less of electric capacity.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bureau of Reclamation Small Conduit 
Hydropower Development and Rural Jobs Act''.

SEC. 2. AUTHORIZATION.

    Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 
485h(c)) is amended--
            (1) by striking ``The Secretary is authorized to enter into 
        contracts to furnish water'' and inserting the following:
            ``(1) The Secretary is authorized to enter into contracts 
        to furnish water'';
            (2) by striking ``(1) shall'' and inserting ``(A) shall'';
            (3) by striking ``(2) shall'' and inserting ``(B) shall'';
            (4) by striking ``respecting 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 inserting ``respecting 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
            (5) by adding at the end the following:
            ``(2)(A) When carrying out this subsection, the Secretary 
        shall first offer the lease of power privilege to an irrigation 
        district or water users association operating the applicable 
        transferred conduit, or to the irrigation district or water 
        users association receiving water from the applicable reserved 
        conduit. The Secretary shall determine a reasonable time frame 
        for the irrigation district or water users association to 
        accept or reject a lease of power privilege offer for a small 
        conduit hydropower project.
            ``(B) If the irrigation district or water users association 
        elects not accept a lease of power privilege offer under 
        subparagraph (A), the Secretary shall offer the lease of power 
        privilege to other parties in accordance with this subsection.
            ``(3) The Bureau of Reclamation shall apply its categorical 
        exclusion process under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) to small conduit hydropower 
        development under this subsection, excluding siting of 
        associated transmission facilities on Federal lands.
            ``(4) The Power Resources Office of the Bureau of 
        Reclamation shall be the lead office of small conduit 
        hydropower policy and procedure-setting activities conducted 
        under this subsection.
            ``(5) Nothing in this subsection shall obligate the Western 
        Area Power Administration, the Bonneville Power Administration, 
        or the Southwestern Power Administration to 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.
            ``(6) Nothing in this subsection shall alter or impede the 
        delivery and management of water by Bureau of Reclamation 
        facilities, 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 the Secretary, 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. The Secretary shall notify and consult with the 
        irrigation district or water users association operating the 
        transferred conduit before offering the lease of power 
        privilege and shall prescribe terms and conditions that will 
        adequately protect the planning, design, construction, 
        operation, maintenance, and other interests of the United 
        States and the project or division involved.
            ``(7) Nothing in this subsection shall alter or affect any 
        existing agreements for the development of conduit hydropower 
        projects or disposition of revenues.
            ``(8) Nothing in this subsection shall alter or affect any 
        existing preliminary permit, license, or exemption issued by 
        the Federal Energy Regulatory Commission under Part I of the 
        Federal Power Act (16 U.S.C. 792 et seq.) or any project for 
        which an application has been filed with the Federal Energy 
        Regulatory Commission as of the date of the enactment of the 
        Bureau of Reclamation Small Conduit Hydropower Development and 
        Rural Jobs Act.
            ``(9) In this subsection:
                    ``(A) Conduit.--The term `conduit' means any Bureau 
                of Reclamation tunnel, 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.
                    ``(B) Irrigation district.--The term `irrigation 
                district' means any irrigation, water conservation or 
                conservancy, multicounty water conservation or 
                conservancy district, or any separate public entity 
                composed of two or more such districts and jointly 
                exercising powers of its member districts.
                    ``(C) Reserved conduit.--The term `reserved 
                conduit' means any conduit that is included in project 
                works the care, operation, and maintenance of which has 
                been reserved by the Secretary, through the 
                Commissioner of the Bureau of Reclamation.
                    ``(D) Transferred conduit.--The term `transferred 
                conduit' means 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.
                    ``(E) Small conduit hydropower.--The term `small 
                conduit hydropower' means a facility capable of 
                producing 5 megawatts or less of electric capacity.''.
                                                        Calendar No. 68

113th CONGRESS

  1st Session

                                 S. 306

_______________________________________________________________________

                                 A BILL

     To authorize all Bureau of Reclamation conduit facilities for 
  hydropower development under Federal Reclamation law, and for other 
                               purposes.

_______________________________________________________________________

                              May 13, 2013

                       Reported with an amendment