IIB 

111TH CONGRESS 

2D SESSION H. R. 2008 

IN THE SENATE OF THE UNITED STATES 

JUNE 9, 2010 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To authorize the Secretary of the Interior to facilitate the 

development of hydroelectric power on the Diamond Fork 

System of the Central Utah Project. 

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


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HR 2008 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Bonneville Unit Clean 

3 Hydropower Facilitation Act’’. 

4 SEC. 2. DIAMOND FORK SYSTEM DEFINED. 

5 For the purposes of this Act, the term ‘‘Diamond 

6 Fork System’’ means the facilities described in chapter 4 

7 of the October 2004 Supplement to the 1988 Definite 

8 Plan Report for the Bonneville Unit. 

9 SEC. 3. COST ALLOCATIONS. 

10 Notwithstanding any other provision of law, in order 

11 to facilitate hydropower development on the Diamond 

12 Fork System, the amount of reimbursable costs allocated 

13 to project power in Chapter 6 of the Power Appendix in 

14 the October 2004 Supplement to the 1988 Bonneville Unit 

15 Definite Plan Report, with regard to power development 

16 within the Diamond Fork System, shall be considered final 

17 costs as well as costs in excess of the total maximum re18 payment obligation as defined in section 211 of the Cen19 tral Utah Project Completion Act of 1992 (Public Law 

20 102–575), and shall be subject to the same terms and con21 ditions. 

22 SEC. 4. NO PURCHASE OR MARKET OBLIGATION; NO COSTS 

23 ASSIGNED TO POWER. 

24 Nothing in this Act shall obligate the Western Area 

25 Power Administration to purchase or market any of the 

26 power produced by the Diamond Fork power plant and 


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HR 2008 RFS 

1 none of the costs associated with development of trans2 mission facilities to transmit power from the Diamond 

3 Fork power plant shall be assigned to power for the pur4 pose of Colorado River Storage Project ratemaking. 

5 SEC. 5. PROHIBITION ON TAX-EXEMPT FINANCING. 

6 No facility for the generation or transmission of hy7 droelectric power on the Diamond Fork System may be 

8 financed or refinanced, in whole or in part, with proceeds 

9 of any obligation— 

10 (1) the interest on which is exempt from the 

11 tax imposed under chapter 1 of the Internal Rev12 enue Code of 1986, or 

13 (2) with respect to which credit is allowable 

14 under subpart I or J of part IV of subchapter A of 

15 chapter 1 of such Code. 

16 SEC. 6. REPORTING REQUIREMENT. 

17 If, 24 months after the date of the enactment of this 

18 Act, hydropower production on the Diamond Fork System 

19 has not commenced, the Secretary of the Interior shall 

20 submit a report to the Committee on Natural Resources 

21 of the House of Representatives and the Committee on 

22 Energy and Natural Resources of the Senate stating this 

23 fact, the reasons such production has not yet commenced, 

24 and a detailed timeline for future hydropower production. 


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HR 2008 RFS 

1 SEC. 7. PAYGO. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go Act of 2010, 

4 shall be determined by reference to the latest statement 

5 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

6 Act, submitted for printing in the Congressional Record 

7 by the Chairman of the House Budget Committee, pro8 vided that such statement has been submitted prior to the 

9 vote on passage. 

10 SEC. 8. LIMITATION ON THE USE OF FUNDS. 

11 The authority under the provisions of section 301 of 

12 the Hoover Power Plant Act of 1984 (Public Law 98–381; 

13 42 U.S.C. 16421a) shall not be used to fund any study 

14 or construction of transmission facilities developed as a 

15 result of this Act. 

Passed the House of Representatives June 8, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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