I

103D CONGRESS

2D SESSION H. R. 4523

To provide for private development of power at the Mancos Project, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 26, 1994

Mr. MCINNIS introduced the following bill; which was referred to the

Committee on Natural Resources

A BILL

To provide for private development of power at the Mancos

Project, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This bill may be cited as the ‘‘Mancos Project Private

5 Power Development Authorization Act of 1994’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (a) development of hydroelectric power at the

9 Mancos Project consistent with the Feasibility Re10 port and Engineering and Construction Report for
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1 the Jackson Gulch Reservoir Hydroelectric Project

2 dated April 19, 1991, and revised on May 13, 1992,

3 and February 10, 1993, by the Mancos Water Con4 servancy District—

5 (1) will be without cost to the United

6 States;

7 (2) will not impair the efficiency of the

8 project for irrigation purposes;

9 (3) will not alter the volume, timing or

10 temperatures of flows from the reservoir; and

11 (4) is not likely to cause any new or in12 creased adverse impacts to any federally listed

13 or candidate species;

14 (b) the Mancos Water Conservancy District is

15 currently operating and maintaining facilities at the

16 Mancos Project and that the development of hydro17 electric power at the Mancos Project consistent with

18 the Feasibility Report and Engineering and Con19 struction Report for the Jackson Gulch Reservoir

20 Hydroelectric Project dated April 19, 1991, revised

21 on May 13, 1992, and February 10, 1993, by the

22 Mancos Water Conservancy District will not increase

23 operation and maintenance costs of the Federal Gov24 ernment; and
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1 (c) any lease of power privileges issued by the

2 Secretary pursuant to this Act does not constitute a

3 ‘‘contract’’ under section 202(1) of Public Law 97–

4 293 (96 Stat. 1261; 43 U.S.C.A. section 390bb) and

5 that nothing in this Act is intended to make applica6 ble any section of Public Law 97–293 (96 Stat.

7 1261; 43 U.S.C.A. section 390aa et. seq.) that

8 would not previously apply.

9 SEC. 3. AUTHORIZATION TO LEASE POWER PRIVILEGES.

10 Notwithstanding the provisions of the Water Con11 servation and Utilization Act (16 U.S.C. sections 590y–

12 590z–11) or any relevant provision of the repayment con13 tract Ilr–384, dated July 20, 1942, as amended December

14 22, 1947, the Secretary is authorized to enter into a lease

15 of power privileges at the Mancos Project, Colorado, with

16 the Mancos Water Conservancy District.

17 SEC. 4. LEASE CONDITIONS.

18 Any such lease of power privileges issued pursuant

19 to Section 3 of this Act shall not exceed a period of forty

20 years and shall be consistent with rates charged by the

21 Federal Energy Regulatory Commission for comparable

22 sized projects. Moneys derived from such lease shall be

23 covered into the reclamation fund in accordance with rel24 evant parts of Federal reclamation law, the Act of June
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1 17, 1902, and Acts supplementary thereto and amend2 atory thereof (43 U.S.C. 371).

3 SEC. 5. REVENUES DERIVED FROM POWER DEVELOPMENT.

4 Notwithstanding the provisions of the Water Con5 servation and Utilization Act (16 U.S.C. sections 590y–

6 590z–11) or any relevant provision of the repayment con7 tract Ilr–384, dated July 20, 1942, as amended December

8 22, 1947, the Mancos Water Conservancy District may re9 ceive revenues from the sale of the power generated pursu10 ant to such lease of power privilege.

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