[Congressional Record Volume 158, Number 170 (Sunday, December 30, 2012)]
[Senate]
[Pages S8554-S8555]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           BONNEVILLE UNIT CLEAN HYDROPOWER FACILITATION ACT

  The bill (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, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                 S. 499

       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

[[Page S8555]]

     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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