[Congressional Record Volume 159, Number 170 (Tuesday, December 3, 2013)]
[House]
[Pages H7421-H7423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BUREAU OF RECLAMATION CONDUIT HYDROPOWER DEVELOPMENT EQUITY AND JOBS
ACT
Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1963) to amend the Water Conservation and Utilization Act to
authorize the development of non-Federal hydropower and issuance of
leases of power privileges at projects constructed pursuant to the
authority of the Water Conservation and Utilization Act, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1963
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 ``Bureau of Reclamation
Conduit Hydropower Development Equity and Jobs Act''.
SEC. 2. AMENDMENT.
Section 9 of the Act entitled ``An Act authorizing
construction of water conservation and utilization projects
in the Great Plains and arid semiarid areas of the United
States'', approved August 11, 1939 (16 U.S.C. 590z-7;
commonly known as the ``Water Conservation and Utilization
Act''), is amended--
(1) by striking ``In connection with'' and inserting ``(a)
In connection with''; and
(2) by adding at the end the following:
``(b) Notwithstanding subsection (a), the Secretary is
authorized to enter into leases of power privileges for
electric power generation in connection with any project
constructed under this Act, and shall have authority in
addition to and alternative to any authority in existing laws
relating to particular projects, including small conduit
hydropower development.
``(c) When entering into leases of power privileges under
subsection (b), the Secretary shall use the processes
applicable to such leases under section 9(c) of the
Reclamation Project Act of 1939 (43 U.S.C. 485h(c)).
``(d) Lease of power privilege contracts shall be at such
rates as, in the Secretary's judgment, will produce revenues
at least sufficient to cover the appropriate share of the
annual operation and maintenance cost of the project and such
fixed charges, including interest, as the Secretary deems
proper. Lease of power privilege contracts shall be for
periods not to exceed 40 years.
``(e) No findings under section 3 shall be required for a
lease under subsection (b).
``(f) All right, title, and interest to installed power
facilities constructed by non-Federal entities pursuant to a
lease of power privilege, and direct revenues derived
therefrom, shall remain with the lessee unless otherwise
required under subsection (g).
``(g) Notwithstanding section 8, lease revenues and fixed
charges, if any, shall be covered into the Reclamation Fund
to be credited to the project from which those revenues or
charges were derived.
[[Page H7422]]
``(h) When carrying out this section, 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
timeframe for the irrigation district or water users
association to accept or reject a lease of power privilege
offer. If the irrigation district or water users association
elects not to accept a lease of power privilege offer under
subsection (b), the Secretary shall offer the lease of power
privilege to other parties using the processes applicable to
such leases under section 9(c) of the Reclamation Project Act
of 1939 (43 U.S.C. 485h(c)).
``(i) 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 section, excluding siting of
associated transmission facilities on Federal lands.
``(j) Nothing in this section shall obligate the Western
Area Power Administration or the Bonneville Power
Administration to purchase or market any of the power
produced by the facilities covered under this section and
none of the costs associated with production or delivery of
such power shall be assigned to project purposes for
inclusion in project rates.
``(k) Nothing in this section 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 and shall not create any
unmitigated financial or physical impacts to the project or
division involved. The Secretary shall notify and consult
with the irrigation district or legally organized water users
association operating the transferred conduit in advance of
offering the lease of power privilege and shall prescribe
such terms and conditions necessary to adequately protect the
planning, design, construction, operation, maintenance, and
other interests of the United States and the project or
division involved.
``(l) Nothing in this section shall alter or affect any
agreements in effect on the date of the enactment of the
Bureau of Reclamation Conduit Hydropower Development Equity
and Jobs Act for the development of conduit hydropower
projects or disposition of revenues.
``(m) In this section:
``(1) 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.
``(2) The term `irrigation district' means any irrigation,
water conservation or conservancy, multi-county 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.
``(3) 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.
``(4) 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.
``(5) The term `small conduit hydropower' means a facility
capable of producing 5 megawatts or less of electric
capacity.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. McClintock) and the gentleman from Arizona (Mr.
Grijalva) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that Members may
have 5 legislative days to revise and extend their remarks and include
extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 1963 by Congressman Daines of Montana seeks to jump-start
conduit hydropower development at 11 Bureau of Reclamation projects.
The bill specifically removes statutory impediments by authorizing non-
Federal hydropower development at these conduits and provides
administrative and regulatory reforms necessary to foster such
development.
Earlier this year, the House passed H.R. 678 by Congressman Tipton
and Congressman Costa by a 416-7 vote to promote conduit hydropower
development at reclamation facilities. H.R. 678 applied to hundreds of
reclamation facilities that are covered under the authorities of the
Reclamation Project Act of 1939. This measure applies to the remaining
reclamation facilities, all of which are governed under the different
and more complex authorities of the Water Conservation and Utilization
Act of 1939.
The Tipton bill provided for a streamlined regulatory process in part
by providing a categorical exemption for redundant environmental
reviews. The WCUA actually forbids the installation of small
hydroelectric generators in the projects regulated under this act, and
thus the need for this separate legislation.
The arguments in favor of getting the Federal Government out of the
way so that private contractors can lease existing Federal pipelines
and canals for the purpose of installing small hydroelectric generators
are well known to the House, as evidenced by the overwhelming
bipartisan vote accorded the Tipton bill earlier this year. That bill
was signed into law a few months ago, and I am told it has already
produced a flood of new applications for clean and cheap small
hydroelectric generators.
Not only has a new source of absolutely clean and inexpensive
hydroelectricity been made available, the Federal Treasury benefits
from the revenues that these leases produce in addition to the added
economic activity that they enable. Mr. Daines' measure completes that
work by applying the same policy to the remaining reclamation
facilities that fell under the WCUA.
I commend the gentleman from Montana for his leadership on this
issue, and I reserve the balance of my time
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
We concur with Mr. McClintock's description of the legislation, and
we have no objections to H.R. 1963.
I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I am now pleased to yield as much time
as he may consume to the gentleman from Montana (Mr. Daines), the
author of this measure,
Mr. DAINES. Mr. Speaker, I rise today in support of my bill, H.R.
1963, the Bureau of Reclamation Conduit Hydropower Development Equity
and Jobs Act.
In Congress, one of our top priorities is to secure American energy
independence, and as we all see in this institution, we don't always
agree on how best to meet that goal. However, hydropower is a clean,
renewable source of energy, and finding innovative ways to develop this
resource is an area where most of us can agree. I am grateful that
Chairman McClintock and Ranking Member Grijalva support this bill, and
I was pleased to see the bipartisan spirit behind this legislation.
Bureau of Reclamation projects, such as canals, pipelines, and dams,
play an important role in supplying water for our communities.
Agriculture is the primary economic driver in my home State of Montana,
and having a sound and strong irrigation system is critically important
to us back home.
H.R. 1963 will amend the Water Conservation and Utilization Act to
allow for conduit hydropower development on 11 Bureau of Reclamation
projects governed under this act. That includes some in my home State
of Montana, including the Buffalo Rapids near Miles City, the intake
project by Glendive, the Milk River Project, as well as the Missoula
Valley Project. With this legislation, our irrigation systems can also
power our homes and our businesses. Additionally, this bill will help
provide revenues to improve critical infrastructure for farmers and
ranchers who rely on these systems.
In Montana, balancing energy development with responsible stewardship
of our resources is the way we do business in Montana. Our livelihoods,
our access to recreation, and the future of our State for our kids rely
on a robust, balanced energy plan that also protects our unique
landscapes, and that is what keeps us Montanans loving the place we
call home. A diverse energy portfolio helps keep electric prices low
for Montana families and creates jobs. Hydropower is an important part
of that puzzle, and my bill will help us get there.
[[Page H7423]]
H.R. 1963 has received strong bipartisan support in committee, and I
urge the same here today.
Mr. GRIJALVA. I have no further speakers, Mr. Speaker, and I yield
back the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I again commend the gentleman from
Montana for his work on this issue. It is one of the most important
achievements in power development that we have had recently, the jump-
starting of these small hydropower generators.
I thank the gentleman from the other side of the aisle for his
support of the measure and urge its adoption.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. McClintock) that the House suspend the
rules and pass the bill, H.R. 1963, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________