Union Calendar No. 436

103D CONGRESS

2D SESSION H. R. 4523

[Report No. 103–790]

A BILL

To provide for private development of power at the

Mancos Project, and for other purposes.

OCTOBER 3, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
Union Calendar No. 436

103D CONGRESS

2D SESSION H. R. 4523

[Report No. 103–790]

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

OCTOBER 3, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 26, 1994]

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’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (a) development of hydroelectric power at the

4 Mancos Project consistent with the Feasibility Report

5 and Engineering and Construction Report for the

6 Jackson Gulch Reservoir Hydroelectric Project dated

7 April 19, 1991, and revised on May 13, 1992, and

8 February 10, 1993, by the Mancos Water Conservancy

9 District—

10 (1) will be without cost to the United

11 States;

12 (2) will not impair the efficiency of the

13 project for irrigation purposes;

14 (3) will not alter the volume, timing or tem15 peratures of flows from the reservoir; and

16 (4) is not likely to cause any new or in17 creased adverse impacts to any federally listed or

18 candidate species;

19 (b) That the Mancos Water Conservancy District

20 is currently operating and maintaining facilities at

21 the Mancos Project and that the development of hy22 droelectric power at the Mancos Project consistent

23 with the Feasibility Report and Engineering and

24 Construction Report for the Jackson Gulch Reservoir

25 Hydroelectric Project dated April 19, 1991, revised on

26 May 13, 1992, and February 10, 1993, by the Mancos
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1 Water Conservancy District will not increase oper2 ation and maintenance costs of the Federal Govern3 ment; and

4 (c) That any lease of power privileges issued by

5 the Secretary pursuant to this Act does not constitute

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

7 293 (96 Stat. 1261; 43 U.S.C. section 390bb) and that

8 nothing in this Act is intended to make applicable

9 any section of Public Law 97–293 (96 Stat. 1261; 43

10 U.S.C. section 390aa et. seq.) that would not pre11 viously apply.

12 SEC. 3. AUTHORIZATION TO LEASE POWER PRIVILEGES.

13 Notwithstanding the provisions of the Water Conserva14 tion and Utilization Act (16 U.S.C. sections 590y–590z–

15 11) or any relevant provision of the repayment contract

16 Ilr–384, dated July 20, 1942, as amended December 22,

17 1947, the Secretary is authorized to enter into a lease of

18 power privileges at the Mancos Project, Colorado, with the

19 Mancos Water Conservancy District.

20 SEC. 4. LEASE CONDITIONS.

21 Any such lease of power privileges issued pursuant to

22 Section 3 of this Act shall not exceed a period of forty years

23 and shall be consistent with rates charged by the Federal

24 Energy Regulatory Commission for comparable sized

25 projects. Moneys derived from such lease shall be covered
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1 into the reclamation fund in accordance with relevant parts

2 of Federal reclamation law, the Act of June 17, 1902, and

3 Acts supplementary thereto and amendatory thereof (43

4 U.S.C. 371).

5 SEC. 5. REVENUES DERIVED FROM POWER DEVELOPMENT.

6 Notwithstanding the provisions of the Water Conserva7 tion and Utilization Act (16 U.S.C. sections 590y–590z–

8 11) or any relevant provision of the repayment contract

9 Ilr–384, dated July 20, 1942, as amended December 22,

10 1947, the Mancos Water Conservancy District may receive

11 revenues from the sale of the power generated pursuant to

12 such lease of power privilege.