99–006 

112TH CONGRESS REPT. 112–159 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

HOOVER POWER ALLOCATION ACT OF 2011 

JULY 20, 2011.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 470] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 470) to further allocate and expand the availability of hydroelectric power generated at Hoover Dam, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 470 is to further allocate and expand the 

availability of hydroelectric power generated at Hoover Dam. 

BACKGROUND AND NEED FOR LEGISLATION

The Boulder Canyon Project Act of 1928 authorized the construction of what is now the Hoover Dam. Upon its completion in 1935, 

it was the tallest dam and the largest hydroelectric producer in the 

world. Although it is no longer either, it still annually produces an 

average of 2,074 megawatts, depending on the water year. This is 

the equivalent of two average nuclear plants and enough to power 

over 20 million homes. 

In order to finance the building of the Hoover Dam and its power 

plant, the federal government partnered with the Metropolitan 

Water District of Southern California, the California cities of Los 

Angeles, Glendale, Pasadena and Burbank, Southern California 

Edison Company, the Arizona Power Authority, the Colorado River 

Commission of Nevada and the City of Boulder, Nevada (collectively known as Schedule A contractors). These power users received 50-year contracts as a result of this partnership. Without 


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question, the benefits of the dam and its power helped stimulate 

economic and population growth in Arizona, California and Nevada. 

Congress passed the Hoover Power Plant Act of 1984 (HPPA or 

P.L. 98–381) to extend those original contracts, authorize advance 

funding for upgrades to the Hoover power turbines and allocate the 

power produced as a result of those upgrades to entities that funded the improvements. Known as the Schedule B contractors, these 

entities include the southern California cities of Glendale, Pasadena, Burbank, Anaheim, Azusa, Banning, Colton, Riverside and 

Vernon, and the States of Arizona and Nevada. In that Act, Congress stipulated that the new Schedule A and Schedule B contracts 

would span 30 years. Schedule C governs allocations of excess energy, if any, to the three states. Such excess power would be generated in unusually high water years, which occurred in 1984. 

The contracts authorized by P.L. 98–381 expire in 2017. Schedule 

A and B contractors are pursuing the passage of H.R. 470 to extend 

the Hoover allocations for another 50 years. These 50-year contracts mirror the customers’ 50-year Lower Colorado River MultiSpecies Conservation Plan agreements with the federal government. 

H.R. 470 mandates that each Schedule A and B power user give 

up five percent of its Hoover power resource so that a new pool is 

set aside (called Schedule D) for new allottees in the Hoover Dam 

region. Eligible new allottees can include rural electric cooperatives, municipal power users, irrigation districts and Indian tribes. 

Schedule D power will be administratively allocated by the Western Area Power Administration in a public process. 

COMMITTEE ACTION

H.R. 470 was introduced on January 26, 2011 by Congressman 

Joseph Heck (R–NV). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on Water and Power. The bill was also referred to the Committee 

on the Budget. On May 21, 2011, the Subcommittee on Water and 

Power held a hearing on the bill. On June 15, 2011, the Full Resources Committee met to consider the bill. The Subcommittee on 

Water and Power was discharged by unanimous consent. No 

amendments were offered and the bill was ordered favorably reported to the House of Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents 

Section 1 provides that this Act may be cited as the ‘‘Hoover 

Power Allocation Act of 2011.’’ 

Section 2. Allocation of contracts for power 

Section 2(a) amends HPPA to increase the Schedule A contingent 

capacity at Hoover Dam proportionally based on the maximum dependable operating capacity, and then reduces the Schedule A summer and winter firm energy by 5% of the amount to be provided 

after October 1, 2017, to existing Schedule A contractors. In addition, this section makes technical and conforming changes to the 

underlying Act. 


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Section 2(b) amends HPPA to increase the Schedule B contingent 

capacity proportionally based on the maximum dependable operating capacity, and then makes a 5% reduction in summer and 

winter firm energy after October 1, 2017, to existing Schedule B 

contractors. In addition, this section also makes technical and conforming changes to the underlying Act. 

Section 2(c) makes further technical and conforming changes to 

HPPA related to Schedule C. 

Section 2(d) amends HPPA by directing the Secretary of Energy 

to create a new Schedule D from the apportioned allocation equal 

to 5% of Schedules A and B of contingent capacity and firm energy 

after October 1, 2017. This power will be made available to new 

allottees that do not already receive Schedule A or B contingent capacity and firm energy. Contracts offered under Schedule D will include a provision requiring new allottees to pay a proportionate 

share of their state’s contribution to the cost of the Lower Colorado 

River Multi-Species Conservation Program, and a provision that 

would require new allottees to execute the Boulder Canyon Project 

Implementation Agreement Contract. 

Section 2(d) also gives the Western Area Power Administration 

(Western) 36 months from the date of enactment to allocate the 

Schedule D contingent capacity. Any of the Schedule D contingent 

capacity and firm energy that is not allocated and placed under 

contract by October 1, 2017, will be returned in the same proportion to the contractors in Schedule A and Schedule B. 

The section also allows federally recognized Indian tribes to contract directly with Western for any power they may receive and to 

develop allocation criteria in direct consultation with Western. The 

Committee expects that Western and the state regulatory bodies in 

Arizona and Nevada will conduct a full and open public hearing 

and review process upon the enactment of this legislation. The administrative process should fairly and equitably determine allocations from the new power pool. With the opportunity for irrigation 

districts, rural electric cooperatives and other eligible entities to receive allocations from the new proposed Schedule D, the Committee 

expects that Western and the state regulatory bodies will undertake an open, thorough and transparent assessment of the relevant 

power requests of potential new Hoover power recipients, including 

an assessment of the applicants’ power needs and the classes of 

customers they serve, and act in an impartial and unbiased manner to make allocation determinations in an objective manner consistent with state and federal preference standards. The Committee 

further expects that the process and analytical results will be documented and made available for examination. 

Section 2(e) and 2(f) make technical and conforming changes to 

HPPA to take into account other changes made by this legislation. 

Section 2(g) amends HPPA to establish the expiration date of the 

contract as September 30, 2067. This section further directs Western to collect a pro-rata share of Hoover Dam repayable advances 

from new allottees prior to October 1, 2017, and remit a proportional share of the advances to existing Hoover contractors. Section 

2(g) also authorizes Hoover contractors to engage in transactions 

for Hoover power with independent system operations and requires 

the contracts executed pursuant to this legislation to contain the 


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same material terms as Section 5.6 of the long-term contracts, effective on the date of enactment. 

Section 2(h) amends HPPA to strike the date ‘‘2017’’ and insert 

the contract expiration year of ‘‘2067.’’ 

Section 2(i) amends HPPA to establish a mechanism by which 

the Secretary of Energy would offer the contingent capacity and 

firm energy made available if an existing contractor fails to accept 

an offered contract. 

Section 2(j) amends HPPA to state that the obligation of the Secretary of Energy to deliver contingent capacity and firm energy is 

subject to the availability of the water needed to produce the contingent capacity and firm energy. Section 2(j) also directs the Secretary of Energy to adjust the continent capacity and firm energy 

under Schedules A, B and D proportionally if water is not available 

to produce contingent capacity and firm energy. 

Section 2(k) makes conforming changes in HPPA by repealing 

Sections 105(e) and (f). 

Section 2(l) provides for continued Congressional oversight regarding the terms and conditions of the governing contracts for 

power generated at Hoover Dam until September 30, 2067. 

Section 2(m) makes a conforming change to Section 105(h)(l) of 

HPPA. 

Section 2(n) confirms that the rights of contractors to capacity 

and energy would vest under the contracts through September 30, 

2067. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that Rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 470—Hoover Power Allocation Act of 2011 

H.R. 470 would update the statutory allocation of electric power 

generated at the Hoover Dam among various users. The current allocation expires at the end of fiscal year 2017. The legislation 

would increase the amount of electricity to be marketed by the 

Western Area Power Administration (WAPA) and would allocate 

much of the dam’s currently unallocated electricity to Native American tribes and other entities. The revised allocations would remain 


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in effect from 2017 through 2067. Based on information from 

WAPA, CBO estimates that implementing this bill would have a 

negligible effect on net direct spending and spending subject to appropriation. 

Enacting H.R. 470 would affect direct spending; therefore, payas-you-go procedures apply. However, CBO estimates that the net 

effects would be insignificant for each year. In the absence of this 

legislation, CBO expects that WAPA would allocate the electricity 

from Hoover Dam by regulation. CBO estimates that any differences between the electricity allocation under H.R. 470 and the 

allocations developed under such regulations would have a negligible effect on offsetting receipts (a credit against direct spending) 

from electricity sales because the agency is required by law to keep 

electric rates as low as possible while recovering all costs of generation and marketing over time. CBO also estimates that implementing the bill would have no significant impact on WAPA’s administrative costs, which are funded by appropriations and offset 

by proceeds from the sale of electricity. Enacting this bill would not 

affect revenues. 

H.R. 470 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Kathleen Gramp. The 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, credit authority, or an increase or decrease in revenues or tax expenditures. Enacting H.R. 470 would affect direct spending; therefore, pay-as-yougo procedures apply. However, CBO estimates that the net effects 

would be insignificant for each year. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitVerDate Mar 15 2010 22:07 Jul 21, 2011 Jkt 099006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR159P1.XXX HR159P1

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ted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 105 OF THE HOOVER POWER PLANT ACT OF 

1984 

SEC. 105. (a)(1) The Secretary of Energy shall offer: 

(A) To each contractor for power generated at Hoover Dam 

a ørenewal¿ contract for delivery commencing øJune 1, 1987¿ 

October 1, 2017, of the amount of capacity and firm energy 

specified for that contractor in the following table: 

øSCHEDULE A 

Long Term Contingent Capacity and Associated Firm Energy Reserved for Renewal Contract Offers to Current Boulder Canyon 

Project Contractors 

Contractor 

Contingent capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

Metropolitan Water District 

of Southern California ...... 247,500 904,382 387,592 1,291,974 

City of Los Angeles .............. 490,875 488,535 209,658 698,193 

Southern California Edison 

Company ............................ 277,500 175,486 75,208 250,694 

City of Glendale .................... 18,000 47,398 20,313 67,711 

City of Pasadena .................. 11,000 40,655 17,424 58,079 

City of Burbank .................... 5,125 14,811 6,347 21,158 

Arizona Power Authority ..... 189,000 452,192 193,797 645,989 

Colorado River Commission 

of Nevada .......................... 189,000 452,192 193,797 645,989 

United States, for Boulder 

City .................................... 20,000 56,000 24,000 80,000 

Totals ..................................... 1,448,000 2,631,651 1,128,136 3,759,787¿ 

Schedule A 

Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to 

Boulder Canyon project contractors 

Contractor 

Contingent capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

Metropolitan Water District 

of Southern California ...... 249,948 859,163 368,212 1,227,375

City of Los Angeles ............... 495,732 464,108 199,175 663,283

Southern California Edison 

Company ............................ 280,245 166,712 71,448 238,160

City of Glendale .................... 18,178 45,028 19,297 64,325

City of Pasadena ................... 11,108 38,622 16,553 55,175

City of Burbank .................... 5,176 14,070 6,030 20,100

Arizona Power Authority ...... 190,869 429,582 184,107 613,689

Colorado River Commission 

of Nevada ........................... 190,869 429,582 184,107 613,689


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Schedule A—Continued 

Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to 

Boulder Canyon project contractors 

Contractor 

Contingent capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

United States, for Boulder 

City ..................................... 20,198 53,200 22,800 76,000

Totals ..................................... 1,462,323 2,500,067 1,071,729 3,571,796 

ø(B) To purchasers in the States of Arizona, Nevada and 

California eligible to enter into such contracts under section 5 

of the Boulder Canyon Project Act, contracts for delivery commencing June 1, 1987, or as it thereafter becomes available, of 

capacity resulting from the uprating program and for delivery 

commencing June 1, 1987, of associated firm energy as specified in the following table: 

øSCHEDULE B 

Contingent Capacity Resulting From the Uprating Program and Associated Firm Energy 

State 

Contingent capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

Arizona .................................... 188,000 148,000 64,000 212,000 

California ................................ 127,000 99,850 43,364 143,214 

Nevada .................................... 188,000 288,000 124,000 412,000 

Totals ....................................... 503,000 535,850 231,364 767,214 

Provided, however, That in the case of Arizona and Nevada, such 

contracts shall be offered to the Arizona Power Authority and the 

Colorado River Commission of Nevada, respectively, as the agency 

specified by State law as the agent of such State for purchasing 

power from the Boulder Canyon project: Provided further, That in 

the case of California, no such contract under this subparagraph 

(B) shall be offered to any purchaser who is offered a contract for 

capacity exceeding 20,000 kilowatts under subparagraph (A) of this 

paragraph.¿ 

(B) To each existing contractor for power generated at Hoover 

Dam, a contract, for delivery commencing October 1, 2017, of 

the amount of contingent capacity and firm energy specified for 

that contractor in the following table: 


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Schedule B 

Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to 

Boulder Canyon project contractors 

Contractor 

Contingent capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

City of Glendale ..................... 2,020 2,749 1,194 3,943 

City of Pasadena ..................... 9,089 2,399 1,041 3,440 

City of Burbank ...................... 15,149 3,604 1,566 5,170 

City of Anaheim ...................... 40,396 34,442 14,958 49,400 

City of Azusa ........................... 4,039 3,312 1,438 4,750 

City of Banning ....................... 2,020 1,324 576 1,900 

City of Colton .......................... 3,030 2,650 1,150 3,800 

City of Riverside ..................... 30,296 25,831 11,219 37,050 

City of Vernon ......................... 22,218 18,546 8,054 26,600 

Arizona .................................... 189,860 140,600 60,800 201,400 

Nevada .................................... 189,860 273,600 117,800 391,400 

Totals ....................................... 507,977 509,057 219,796 728,853 

(C) To the Arizona Power Authority and the Colorado River 

Commission of Nevada and to purchasers in the State of California eligible to enter into such contracts under section 5 of 

the Boulder Canyon Project Act, contracts for delivery commencing øJune 1, 1987¿ October 1, 2017, of such energy generated at Hoover Dam as is available respectively to the States 

of Arizona, Nevada, and California in excess of 4,501.001 million kilowatthours in any year of operation (hereinafter called 

excess energy) in accordance with the following table: 

øSCHEDULE C 

Excess Energy 

Priority of entitlement to excess energy State 

First: Meeting Arizona’s first priority right to delivery of excess 

energy which is equal in each year of operation to 200 million 

kilowatthours: Provided, however, That in the event excess energy in the amount of 200 million kilowatthours is not generated during any year of operation, Arizona shall accumulate a 

first right to delivery of excess energy subsequently generated 

in an amount not to exceed 600 million kilowatthours, inclusive 

of the current year’s 200 million kilowatthours. Said first right 

of delivery shall accrue at a rate of 200 million kilowatthours 

per year for each year excess energy in an amount of 200 million kilowatthours is not generated, less amounts of excess energy delivered.

Arizona 

Second: Meeting Hoover Dam contractual obligations under 

schedule A of section 105(a)(1)(A) and under schedule B of section 105(a)(1)(B) not exceeding 26 million kilowatthours in each 

year of operation.

Third: Meeting the energy requirements of the three States, such 

available excess energy to be divided equally among the States.

Arizona, Nevada, and 

California¿ 


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Schedule C 

Excess Energy 

Priority of entitlement to excess energy State 

First: Meeting Arizona’s first priority right to delivery 

of excess energy which is equal in each year of operation to 200 million kilowatthours: Provided, That in 

the event excess energy in the amount of 200 million 

kilowatthours is not generated during any year of operation, Arizona shall accumulate a first right to delivery of excess energy subsequently generated in an 

amount not to exceed 600 million kilowatthours, inclusive of the current year’s 200 million 

kilowatthours. Said first right of delivery shall accrue at a rate of 200 million kilowatthours per year 

for each year excess energy in an amount of 200 million kilowatthours is not generated, less amounts of 

excess energy delivered. ................................................. Arizona 

Second: Meeting Hoover Dam contractual obligations 

under Schedule A of subsection (a)(1)(A), under 

Schedule B of subsection (a)(1)(B), and under Schedule D of subsection (a)(2), not exceeding 26 million 

kilowatthours in each year of operation. ...................... Arizona, Nevada, and California 

Third: Meeting the energy requirements of the three 

States, such available excess energy to be divided 

equally among the States. ............................................. Arizona, Nevada, and California 

(2)(A) The Secretary of Energy is authorized to and shall create 

from the apportioned allocation of contingent capacity and firm energy adjusted from the amounts authorized in this Act in 1984 to 

the amounts shown in Schedule A and Schedule B, as modified by 

the Hoover Power Allocation Act of 2011, a resource pool equal to 

5 percent of the full rated capacity of 2,074,000 kilowatts, and associated firm energy, as shown in Schedule D (referred to in this section as ‘‘Schedule D contingent capacity and firm energy’’): 

Schedule D 

Long-term Schedule D resource pool of contingent capacity and associated firm energy for new 

allottees 

State 

Contingent capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

New Entities Allocated by the 

Secretary of Energy ............. 69,170 105,637 45,376 151,013 

New Entities Allocated by 

State 

Arizona .................................... 11,510 17,580 7,533 25,113 

California ............................... 11,510 17,580 7,533 25,113 

Nevada .................................... 11,510 17,580 7,533 25,113 

Totals ....................................... 103,700 158,377 67,975 226,352 


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(B) The Secretary of Energy shall offer Schedule D contingency 

capacity and firm energy to entities not receiving contingent capacity and firm energy under subparagraphs (A) and (B) of paragraph 

(1) (referred to in this section as ‘‘new allottees’’) for delivery commencing October 1, 2017 pursuant to this subsection. In this subsection, the term ‘‘the marketing area for the Boulder City Area 

Projects’’ shall have the same meaning as in appendix A of the General Consolidated Power Marketing Criteria or Regulations for 

Boulder City Area Projects published in the Federal Register on December 28, 1984 (49 Federal Register 50582 et seq.) (referred to in 

this section as the ‘‘Criteria’’). 

(C)(i) Within 36 months of the date of enactment of the Hoover 

Power Allocation Act of 2011, the Secretary of Energy shall allocate 

through the Western Area Power Administration (referred to in this 

section as ‘‘Western’’), for delivery commencing October 1, 2017, for 

use in the marketing area for the Boulder City Area Projects 66.7 

percent of the Schedule D contingent capacity and firm energy to 

new allottees that are located within the marketing area for the 

Boulder City Area Projects and that are— 

(I) eligible to enter into contracts under section 5 of the Boulder Canyon Project Act (43 U.S.C. 617d); or 

(II) federally recognized Indian tribes. 

(ii) In the case of Arizona and Nevada, Schedule D contingent capacity and firm energy for new allottees other than federally recognized Indian tribes shall be offered through the Arizona Power Authority and the Colorado River Commission of Nevada, respectively. 

Schedule D contingent capacity and firm energy allocated to federally recognized Indian tribes shall be contracted for directly with 

Western. 

(D) Within 1 year of the date of enactment of the Hoover Power 

Allocation Act of 2011, the Secretary of Energy also shall allocate, 

for delivery commencing October 1, 2017, for use in the marketing 

area for the Boulder City Area Projects 11.1 percent of the Schedule 

D contingent capacity and firm energy to each of— 

(i) the Arizona Power Authority for allocation to new allottees 

in the State of Arizona; 

(ii) the Colorado River Commission of Nevada for allocation 

to new allottees in the State of Nevada; and 

(iii) Western for allocation to new allottees within the State 

of California, provided that Western shall have 36 months to 

complete such allocation. 

(E) Each contract offered pursuant to this subsection shall include 

a provision requiring the new allottee to pay a proportionate share 

of its State’s respective contribution (determined in accordance with 

each State’s applicable funding agreement) to the cost of the Lower 

Colorado River Multi-Species Conservation Program (as defined in 

section 9401 of the Omnibus Public Land Management Act of 2009 

(Public Law 111–11; 123 Stat. 1327)), and to execute the Boulder 

Canyon Project Implementation Agreement Contract No. 95–PAO– 

10616 (referred to in this section as the ‘‘Implementation Agreement’’). 

(F) Any of the 66.7 percent of Schedule D contingent capacity and 

firm energy that is to be allocated by Western that is not allocated 

and placed under contract by October 1, 2017, shall be returned to 

those contractors shown in Schedule A and Schedule B in the same 


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proportion as those contractors’ allocations of Schedule A and 

Schedule B contingent capacity and firm energy. Any of the 33.3 

percent of Schedule D contingent capacity and firm energy that is 

to be distributed within the States of Arizona, Nevada, and California that is not allocated and placed under contract by October 

1, 2017, shall be returned to the Schedule A and Schedule B contractors within the State in which the Schedule D contingent capacity and firm energy were to be distributed, in the same proportion 

as those contractors’ allocations of Schedule A and Schedule B contingent capacity and firm energy. 

ø(2)¿ (3) The total obligation of the Secretary of Energy to deliver firm energy pursuant to øschedule A of section 105(a)(1)(A) 

and schedule B of section 105(a)(1)(B)¿ paragraphs (1)(A), (1)(B), 

and (2) is 4,527.001 million kilowatthours in each year of operation. To the extent that the actual generation at Hoover Powerplant in øany¿ each year of operation (less deliveries thereof to Arizona required by its first priority under øschedule C¿ Schedule C 

of section 105(a)(1)(C) whenever actual generation in any year of 

operation is in excess of 4,501.001 million kilowatthours) is less 

than 4,527.001 million kilowatthours, such deficiency shall be 

borne by the holders of contracts under said øschedules A and B¿ 

Schedules A, B, and D in the ratio that the sum of the quantities 

of firm energy to which each contractor is entitled pursuant to said 

schedules bears to 4,527.001 million kilowatthours. At the request 

of any such contractor, the Secretary of Energy will purchase energy to meet that contractor’s deficiency at such contractor’s expense. 

ø(3) Subdivision E of the ‘‘General Consolidated Power Marketing 

Criteria or Regulations for Boulder City Area Projects’’ published 

in the Federal Register May 9, 1983 (48 Federal Register commencing at 20881), hereinafter referred to as the ‘‘Criteria’’ or as 

the ‘‘Regulations’’ shall be deemed to have been modified to conform to this section. The Secretary of Energy shall cause to be included in the Federal Register a notice conforming the text of said 

Regulations to such modifications.¿ 

(4) Subdivision E of the Criteria shall be deemed to have been 

modified to conform to this section, as modified by the Hoover 

Power Allocation Act of 2011. The Secretary of Energy shall cause 

to be included in the Federal Register a notice conforming the text 

of the regulations to such modifications. 

ø(4)¿ (5) Each contract offered under subsection (a)(1) of this 

section shall: 

ø(A) expire September 30, 2017;¿ 

(A) in accordance with section 5(a) of the Boulder Canyon 

Project Act (43 U.S.C. 617d(a)), expire September 30, 2067; 

(B) not restrict use to which the capacity and energy contracted for by the Metropolitan Water District of Southern 

California may be placed within the State of California: Provided, That to the extent practicable and consistent with sound 

water management and conservation practice, the Metropolitan 

Water District of Southern California øshall use¿ shall allocate 

such capacity and energy to pump available Colorado River 

water prior to using such capacity and energy to pump California State water project water; øand¿ 


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(C) conform to the applicable provisions of subdivision E of 

the Criteria, commencing at 48 Federal Register 20881, modified as provided in this section. To the extent that said provisions of the Criteria, as so modified, are applicable to contracts 

entered into under this section, those provisions are hereby 

ratifiedø.¿; 

(D) authorize and require Western to collect from new 

allottees a pro rata share of Hoover Dam repayable advances 

paid for by contractors prior to October 1, 2017, and remit such 

amounts to the contractors that paid such advances in proportion to the amounts paid by such contractors as specified in section 6.4 of the Implementation Agreement; 

(E) permit transactions with an independent system operator; 

and 

(F) contain the same material terms included in section 5.6 

of those long-term contracts for purchases from the Hoover 

Power Plant that were made in accordance with this Act and 

are in existence on the date of enactment of the Hoover Power 

Allocation Act of 2011. 

(b) Nothing in the Criteria shall be construed to prejudice any 

rights conferred by the Boulder Canyon Project Act, as amended 

and supplemented, on the holder of a contract described in subsection (a) of this section not in default thereunder on September 

30, ø2017¿ 2067. ø(c)(1) The Secretary of Energy shall not execute a contract described in subsection (a)(1)(A) of this section with any entity which 

is a party to the action entitled the ‘‘State of Nevada, et al. against 

the United States of America, et al.’’ in the United States District 

Court for the District of Nevada, case numbered CV LV ‘82 441 

RDF, unless that entity agrees to file in that action a stipulation 

for voluntary dismissal with prejudice of its claims, or counterclaims, or crossclaims, as the case may be, and also agrees to file 

with the Secretary a document releasing the United States, its officers and agents, and all other parties to that action who join in 

that stipulation from any claims arising out of the disposition 

under this section of capacity and energy from the Boulder Canyon 

project. The Attorney General shall join on behalf of the United 

States, its officers and agents, in any such voluntary dismissal and 

shall have the authority to approve on behalf of the United States 

the form of each release. 

ø(2) If after a reasonable period of time as determined by the 

Secretary, the Secretary is precluded from executing a contract 

with an entity by reason of paragraph (1) of this subsection, the 

Secretary shall offer the capacity and energy thus available to 

other entities in the same State eligible to enter into such contracts 

under section 5 of the Boulder Canyon Project Act. 

ø(d) The uprating program authorized under section 101(a) of 

this Act shall be undertaken with funds advanced under contracts 

made with the Secretary of the Interior by non-Federal purchasers 

described in subsection (a)(1)(B) of this section. Funding provided 

by non-Federal purchasers shall be advanced to the Secretary of 

the Interior pursuant to the terms and conditions of such contracts.¿ 

(c) OFFER OF CONTRACT TO OTHER ENTITIES.—If any existing contractor fails to accept an offered contract, the Secretary of Energy 


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shall offer the contingent capacity and firm energy thus available 

first to other entities in the same State listed in Schedule A and 

Schedule B, second to other entities listed in Schedule A and Schedule B, third to other entities in the same State which receive contingent capacity and firm energy under subsection (a)(2) of this section, 

and last to other entities which receive contingent capacity and firm 

energy under subsection (a)(2) of this section. 

(d) WATER AVAILABILITY.—Except with respect to energy purchased at the request of an allottee pursuant to subsection (a)(3), the 

obligation of the Secretary of Energy to deliver contingent capacity 

and firm energy pursuant to contracts entered into pursuant to this 

section shall be subject to availability of the water needed to 

produce such contingent capacity and firm energy. In the event that 

water is not available to produce the contingent capacity and firm 

energy set forth in Schedule A, Schedule B, and Schedule D, the 

Secretary of Energy shall adjust the contingent capacity and firm 

energy offered under those Schedules in the same proportion as 

those contractors’ allocations of Schedule A, Schedule B, and Schedule D contingent capacity and firm energy bears to the full rated 

contingent capacity and firm energy obligations. 

ø(e) Notwithstanding any other provisions of the law, funds advanced by non-Federal purchasers for use in the uprating program 

shall be deposited in the Colorado River Dam Fund and shall be 

available for the uprating program. 

ø(f) Those amounts advanced by non-Federal purchasers shall be 

financially integrated as capital costs with other project costs for 

rate-setting purposes, and shall be returned to those purchasers 

advancing funds throughout the contract period through credits 

which include interest costs incurred by such purchasers for funds 

contributed to the Secretary of the Interior for the uprating program.¿ 

ø(g)¿ (e) The provisions of this section constitute an exercise by 

the Congress of the right reserved by it in section 5(b) of the Boulder Canyon Project Act, as amended and supplemented, to prescribe terms and conditions for øthe renewal of¿ contracts for electrical energy generated at Hoover Dam. This section constitutes the 

exclusive method for disposing of capacity and energy from Hoover 

Dam for the period beginning øJune 1, 1987, and ending September 30, 2017¿ October 1, 2017, and ending September 30, 2067. ø(h)¿ (f)(1) Notwithstanding any other provision of law, any 

claim that the provisions of subsection (a) of this section violates 

any rights to capacity or energy from the Bounder Canyon project 

is barred unless the complaint is filed within one year after the 

date of enactment of øthis Act¿ the Hoover Power Allocation Act of 

2011 in the United States Claims Court which shall have exclusive 

jurisdiction over this action. Any claim that actions taken by any 

administrative agency of the United States violates any right under 

this title or the Bounder Canyon Project Act or the Boulder Canyon 

Project Adjustment Act is barred unless suit asserting such claim 

is filed in a Federal court of competent jurisdiction within one year 

after final refusal of such agency to correct the action complained 

of. 

* * * * * * * 

ø(i)¿ (g) It is the purpose of øsubsections (c), (g), and (h) of this 

section¿ this Act to ensure that the rights of contractors for capacVerDate Mar 15 2010 22:07 Jul 21, 2011 Jkt 099006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR159P1.XXX HR159P1

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ity and energy from the Boulder Canyon project for the period beginning øJune 1, 1987, and ending September 30, 2017¿ October 1, 

2017, and ending September 30, 2067, will vest with certainty and 

finality. 

Æ 


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