United States Statutes at Large, Volume 127, 113th Congress, 1st Session

[United States Statutes at Large, Volume 127, 113th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 113-24
113th Congress

An Act


 
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, <>
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

[[Page 499]]

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.

[[Page 500]]

``(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.''.

Approved August 9, 2013.

LEGISLATIVE HISTORY--H.R. 678 (S. 306):
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HOUSE REPORTS: No. 113-24 (Comm. on Natural Resources).
SENATE REPORTS: Nos. 113-39 (Comm. on Energy and Natural Resources) and
113-35 (Comm. on Energy and Natural Resources) accompanying S. 306.
CONGRESSIONAL RECORD, Vol. 159 (2013):
Apr. 10, considered and passed House.
Aug. 1, considered and passed Senate.