H. R. 470 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Wednesday, 

the fifth day of January, two thousand and eleven 

An Act 

To further allocate and expand the availability of hydroelectric power generated 

at Hoover Dam, 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 ‘‘Hoover Power Allocation Act 

of 2011’’. 

SEC. 2. ALLOCATION OF CONTRACTS FOR POWER. 

(a) SCHEDULE A POWER.—Section 105(a)(1)(A) of the Hoover 

Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(A)) is amended— 

(1) by striking ‘‘renewal’’; 

(2) by striking ‘‘June 1, 1987’’ and inserting ‘‘October 1, 

2017’’; and 

(3) by striking Schedule A and inserting the following: 

‘‘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

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’’. 

(b) SCHEDULE B POWER.—Section 105(a)(1)(B) of the Hoover 

Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(B)) is amended to 

read as follows: 
H. R. 470—2 

‘‘(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: 

‘‘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) SCHEDULE C POWER.—Section 105(a)(1)(C) of the Hoover 

Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(C)) is amended— 

(1) by striking ‘‘June 1, 1987’’ and inserting ‘‘October 1, 

2017’’; and 

(2) by striking Schedule C and inserting the following: 

‘‘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 
H. R. 470—3 

‘‘Schedule C—Continued 

Excess Energy 

Priority of entitlement to excess energy State 

Third: Meeting the energy requirements of the three 

States, such available excess energy to be divided 

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

(d) SCHEDULE D POWER.—Section 105(a) of the Hoover Power 

Plant Act of 1984 (43 U.S.C. 619a(a)) is amended— 

(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and 

(2) by inserting after paragraph (1) the following: 

‘‘(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 

‘‘(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 

Conformed 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 
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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 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.’’. 

(e) TOTAL OBLIGATIONS.—Paragraph (3) of section 105(a) of 

the Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as redesignated by subsection (d)(1)) is amended— 
H. R. 470—5 

(1) in the first sentence, by striking ‘‘schedule A of section 

105(a)(1)(A) and schedule B of section 105(a)(1)(B)’’ and 

inserting ‘‘paragraphs (1)(A), (1)(B), and (2)’’; and 

(2) in the second sentence— 

(A) by striking ‘‘any’’ each place it appears and 

inserting ‘‘each’’; 

(B) by striking ‘‘schedule C’’ and inserting ‘‘Schedule 

C’’; and 

(C) by striking ‘‘schedules A and B’’ and inserting 

‘‘Schedules A, B, and D’’. 

(f) POWER MARKETING CRITERIA.—Paragraph (4) of section 

105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) 

(as redesignated by subsection (d)(1)) is amended to read as follows: 

‘‘(4) Subdivision C 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.’’. 

(g) CONTRACT TERMS.—Paragraph (5) of section 105(a) of the 

Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as redesignated 

by subsection (d)(1)) is amended— 

(1) by striking subparagraph (A) and inserting the following: 

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

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

(2) in the proviso of subparagraph (B)— 

(A) by striking ‘‘shall use’’ and inserting ‘‘shall allocate’’; and 

(B) by striking ‘‘and’’ after the semicolon at the end; 

(3) in subparagraph (C), by striking the period at the 

end and inserting a semicolon; and 

(4) by adding at the end the following: 

‘‘(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.’’. 

(h) EXISTING RIGHTS.—Section 105(b) of the Hoover Power Plant 

Act of 1984 (43 U.S.C. 619a(b)) is amended by striking ‘‘2017’’ 

and inserting ‘‘2067’’. 

(i) OFFERS.—Section 105(c) of the Hoover Power Plant Act 

of 1984 (43 U.S.C. 619a(c)) is amended to read as follows: 

‘‘(c) OFFER OF CONTRACT TO OTHER ENTITIES.—If any existing 

contractor fails to accept an offered contract, the Secretary of Energy 

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 
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section, and last to other entities which receive contingent capacity 

and firm energy under subsection (a)(2) of this section.’’. 

(j) AVAILABILITY OF WATER.—Section 105(d) of the Hoover 

Power Plant Act of 1984 (43 U.S.C. 619a(d)) is amended to read 

as follows: 

‘‘(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.’’. 

(k) CONFORMING AMENDMENTS.—Section 105 of the Hoover 

Power Plant Act of 1984 (43 U.S.C. 619a) is amended— 

(1) by striking subsections (e) and (f); and 

(2) by redesignating subsections (g), (h), and (i) as subsections (e), (f), and (g), respectively. 

(l) CONTINUED CONGRESSIONAL OVERSIGHT.—Subsection (e) of 

section 105 of the Hoover Power Plant Act of 1984 (43 U.S.C. 

619a) (as redesignated by subsection (k)(2)) is amended— 

(1) in the first sentence, by striking ‘‘the renewal of’’; and 

(2) in the second sentence, by striking ‘‘June 1, 1987, and 

ending September 30, 2017’’ and inserting ‘‘October 1, 2017, 

and ending September 30, 2067’’. 

(m) COURT CHALLENGES.—Subsection (f)(1) of section 105 of 

the Hoover Power Plant Act of 1984 (43 U.S.C. 619a) (as redesignated by subsection (k)(2)) is amended in the first sentence by 

striking ‘‘this Act’’ and inserting ‘‘the Hoover Power Allocation Act 

of 2011’’. 

(n) REAFFIRMATION OF CONGRESSIONAL DECLARATION OF PUR- POSE.—Subsection (g) of section 105 of the Hoover Power Plant 

Act of 1984 (43 U.S.C. 619a) (as redesignated by subsection (k)(2)) 

is amended— 

(1) by striking ‘‘subsections (c), (g), and (h) of this section’’ 

and inserting ‘‘this Act’’; and 

(2) by striking ‘‘June 1, 1987, and ending September 30, 

2017’’ and inserting ‘‘October 1, 2017, and ending September 

30, 2067’’. 
H. R. 470—7 

SEC. 3. PAYGO. 

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

with the Statutory Pay-As-You-Go Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, submitted for printing in the 

Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior 

to the vote on passage. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.