IB 

Union Calendar No. 104 

112TH CONGRESS 

1ST SESSION H. R. 470 

[Report No. 112–159, Part I] 

To further allocate and expand the availability of hydroelectric power 

generated at Hoover Dam, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2011 

Mr. HECK (for himself, Mrs. NAPOLITANO, Mr. BACA, and Mr. DREIER) introduced the following bill; which was referred to the Committee on Natural 

Resources, and in addition to the Committee on the Budget, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

JULY 20, 2011 

Reported from the Committee on Natural Resources 

JULY 20, 2011 

Additional sponsors: Mr. FRANKS of Arizona, Ms. BERKLEY, Mr. SCHIFF, Ms. 

RICHARDSON, Mr. MCKEON, Mr. COSTA, Mr. HONDA, Mr. GALLEGLY, 

Mr. HELLER, Ms. ROYBAL-ALLARD, Mr. GARY G. MILLER of California, 

Ms. LORETTA SANCHEZ of California, Mr. CALVERT, Mr. CAMPBELL, Mr. 

SHERMAN, Ms. CHU, Mrs. CAPPS, Mr. WAXMAN, Mr. SCHWEIKERT, Mr. 

ROYCE, Mr. QUAYLE, Mr. GRIJALVA, Mr. GOSAR, Mrs. BONO MACK, Ms. 

BASS of California, Mr. BERMAN, Mr. FLAKE, Mr. BECERRA, Mr. 

BILBRAY, Mr. HUNTER, and Mr. LEWIS of California 

JULY 20, 2011 

The Committee on the Budget discharged; committed to the Committee of the 

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


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A BILL 

To further allocate and expand the availability of hydroelectric power generated at Hoover Dam, and for other 

purposes. 


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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 Act may be cited as the ‘‘Hoover Power Alloca5 tion Act of 2011’’. 

6 SEC. 2. ALLOCATION OF CONTRACTS FOR POWER. 

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

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

9 619a(a)(1)(A)) is amended— 

10 (1) by striking ‘‘renewal’’; 

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

12 ‘‘October 1, 2017’’; and 

13 (3) by striking Schedule A and inserting the 

14 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


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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’’. 

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

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

3 619a(a)(1)(B)) is amended to read as follows: 

4 ‘‘(B) To each existing contractor for power generated 

5 at Hoover Dam, a contract, for delivery commencing Octo6 ber 1, 2017, of the amount of contingent capacity and 

7 firm energy specified for that contractor in the following 

8 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’’. 


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1 (c) SCHEDULE C POWER.—Section 105(a)(1)(C) of 

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

3 619a(a)(1)(C)) is amended— 

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

5 ‘‘October 1, 2017’’; and 

6 (2) by striking Schedule C and inserting the 

7 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 

Third: Meeting the energy requirements of the three 

States, such available excess energy to be divided 

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

California’’. 

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

9 Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) is 

10 amended— 


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1 (1) by redesignating paragraphs (2), (3), and 

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

3 (2) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2)(A) The Secretary of Energy is authorized to and 

6 shall create from the apportioned allocation of contingent 

7 capacity and firm energy adjusted from the amounts au8 thorized in this Act in 1984 to the amounts shown in 

9 Schedule A and Schedule B, as modified by the Hoover 

10 Power Allocation Act of 2011, a resource pool equal to 

11 5 percent of the full rated capacity of 2,074,000 kilowatts, 

12 and associated firm energy, as shown in Schedule D (re13 ferred to in this section as ‘Schedule D contingent capac14 ity 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 

15 ‘‘(B) The Secretary of Energy shall offer Schedule 

16 D contingency capacity and firm energy to entities not re17 ceiving contingent capacity and firm energy under subVerDate Mar 15 2010 21:32 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H470.RH H470

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1 paragraphs (A) and (B) of paragraph (1) (referred to in 

2 this section as ‘new allottees’) for delivery commencing 

3 October 1, 2017 pursuant to this subsection. In this sub4 section, the term ‘the marketing area for the Boulder City 

5 Area Projects’ shall have the same meaning as in appendix 

6 A of the General Consolidated Power Marketing Criteria 

7 or Regulations for Boulder City Area Projects published 

8 in the Federal Register on December 28, 1984 (49 Fed9 eral Register 50582 et seq.) (referred to in this section 

10 as the ‘Criteria’). 

11 ‘‘(C)(i) Within 36 months of the date of enactment 

12 of the Hoover Power Allocation Act of 2011, the Secretary 

13 of Energy shall allocate through the Western Area Power 

14 Administration (referred to in this section as ‘Western’), 

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

16 marketing area for the Boulder City Area Projects 66.7 

17 percent of the Schedule D contingent capacity and firm 

18 energy to new allottees that are located within the mar19 keting area for the Boulder City Area Projects and that 

20 are— 

21 ‘‘(I) eligible to enter into contracts under sec22 tion 5 of the Boulder Canyon Project Act (43 U.S.C. 

23 617d); or 

24 ‘‘(II) federally recognized Indian tribes. 


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1 ‘‘(ii) In the case of Arizona and Nevada, Schedule 

2 D contingent capacity and firm energy for new allottees 

3 other than federally recognized Indian tribes shall be of4 fered through the Arizona Power Authority and the Colo5 rado River Commission of Nevada, respectively. Schedule 

6 D contingent capacity and firm energy allocated to feder7 ally recognized Indian tribes shall be contracted for di8 rectly with Western. 

9 ‘‘(D) Within 1 year of the date of enactment of the 

10 Hoover Power Allocation Act of 2011, the Secretary of 

11 Energy also shall allocate, for delivery commencing Octo12 ber 1, 2017, for use in the marketing area for the Boulder 

13 City Area Projects 11.1 percent of the Schedule D contin14 gent capacity and firm energy to each of— 

15 ‘‘(i) the Arizona Power Authority for allocation 

16 to new allottees in the State of Arizona; 

17 ‘‘(ii) the Colorado River Commission of Nevada 

18 for allocation to new allottees in the State of Ne19 vada; and 

20 ‘‘(iii) Western for allocation to new allottees 

21 within the State of California, provided that Western 

22 shall have 36 months to complete such allocation. 

23 ‘‘(E) Each contract offered pursuant to this sub24 section shall include a provision requiring the new allottee 

25 to pay a proportionate share of its State’s respective conVerDate Mar 15 2010 21:32 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H470.RH H470

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1 tribution (determined in accordance with each State’s ap2 plicable funding agreement) to the cost of the Lower Colo3 rado River Multi-Species Conservation Program (as de4 fined in section 9401 of the Omnibus Public Land Man5 agement Act of 2009 (Public Law 111–11; 123 Stat. 

6 1327)), and to execute the Boulder Canyon Project Imple7 mentation Agreement Contract No. 95–PAO–10616 (re8 ferred to in this section as the ‘Implementation Agree9 ment’). 

10 ‘‘(F) Any of the 66.7 percent of Schedule D contin11 gent capacity and firm energy that is to be allocated by 

12 Western that is not allocated and placed under contract 

13 by October 1, 2017, shall be returned to those contractors 

14 shown in Schedule A and Schedule B in the same propor15 tion as those contractors’ allocations of Schedule A and 

16 Schedule B contingent capacity and firm energy. Any of 

17 the 33.3 percent of Schedule D contingent capacity and 

18 firm energy that is to be distributed within the States of 

19 Arizona, Nevada, and California that is not allocated and 

20 placed under contract by October 1, 2017, shall be re21 turned to the Schedule A and Schedule B contractors 

22 within the State in which the Schedule D contingent ca23 pacity and firm energy were to be distributed, in the same 

24 proportion as those contractors’ allocations of Schedule A 

25 and Schedule B contingent capacity and firm energy.’’. 


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1 (e) TOTAL OBLIGATIONS.—Paragraph (3) of section 

2 105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 

3 619a(a)) (as redesignated as subsection (d)(1)) is amend4 ed— 

5 (1) in the first sentence, by striking ‘‘schedule 

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

7 105(a)(1)(B)’’ and inserting ‘‘paragraphs (1)(A), 

8 (1)(B), and (2)’’; and 

9 (2) in the second sentence— 

10 (A) by striking ‘‘any’’ and inserting 

11 ‘‘each’’; 

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

13 ‘‘Schedule C’’; and 

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

15 inserting ‘‘Schedules A, B, and D’’. 

16 (f) POWER MARKETING CRITERIA.—Paragraph (4) 

17 of section 105(a) of the Hoover Power Plant Act of 1984 

18 (43 U.S.C. 619a(a)) (as redesignated as subsection (d)(1)) 

19 is amended to read as follows: 

20 ‘‘(4) Subdivision E of the Criteria shall be deemed 

21 to have been modified to conform to this section, as modi22 fied by the Hoover Power Allocation Act of 2011. The Sec23 retary of Energy shall cause to be included in the Federal 

24 Register a notice conforming the text of the regulations 

25 to such modifications.’’. 


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1 (g) CONTRACT TERMS.—Paragraph (5) of section 

2 105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 

3 619a(a)) (as redesignated as subsection (d)(1)) is amend4 ed— 

5 (1) by striking subparagraph (A) and inserting 

6 the following: 

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

8 Boulder Canyon Project Act (43 U.S.C. 617d(a)), 

9 expire September 30, 2067;’’; 

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

11 (A) by striking ‘‘shall use’’ and inserting 

12 ‘‘shall allocate’’; and 

13 (B) by striking ‘‘and’’ after the semicolon 

14 at the end; 

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

16 at the end and inserting a semicolon; and 

17 (4) by adding at the end the following: 

18 ‘‘(D) authorize and require Western to collect 

19 from new allottees a pro rata share of Hoover Dam 

20 repayable advances paid for by contractors prior to 

21 October 1, 2017, and remit such amounts to the 

22 contractors that paid such advances in proportion to 

23 the amounts paid by such contractors as specified in 

24 section 6.4 of the Implementation Agreement; 


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1 ‘‘(E) permit transactions with an independent 

2 system operator; and 

3 ‘‘(F) contain the same material terms included 

4 in section 5.6 of those long-term contracts for pur5 chases from the Hoover Power Plant that were made 

6 in accordance with this Act and are in existence on 

7 the date of enactment of the Hoover Power Alloca8 tion Act of 2011.’’. 

9 (h) EXISTING RIGHTS.—Section 105(b) of the Hoo10 ver Power Plant Act of 1984 (43 U.S.C. 619a(b)) is 

11 amended by striking ‘‘2017’’ and inserting ‘‘2067’’. 

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

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

14 as follows: 

15 ‘‘(c) OFFER OF CONTRACT TO OTHER ENTITIES.— 

16 If any existing contractor fails to accept an offered con17 tract, the Secretary of Energy shall offer the contingent 

18 capacity and firm energy thus available first to other enti19 ties in the same State listed in Schedule A and Schedule 

20 B, second to other entities listed in Schedule A and Sched21 ule B, third to other entities in the same State which re22 ceive contingent capacity and firm energy under sub23 section (a)(2) of this section, and last to other entities 

24 which receive contingent capacity and firm energy under 

25 subsection (a)(2) of this section.’’. 


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

2 Hoover Power Plant Act of 1984 (43 U.S.C. 619a(d)) is 

3 amended to read as follows: 

4 ‘‘(d) WATER AVAILABILITY.—Except with respect to 

5 energy purchased at the request of an allottee pursuant 

6 to subsection (a)(3), the obligation of the Secretary of En7 ergy to deliver contingent capacity and firm energy pursu8 ant to contracts entered into pursuant to this section shall 

9 be subject to availability of the water needed to produce 

10 such contingent capacity and firm energy. In the event 

11 that water is not available to produce the contingent ca12 pacity and firm energy set forth in Schedule A, Schedule 

13 B, and Schedule D, the Secretary of Energy shall adjust 

14 the contingent capacity and firm energy offered under 

15 those Schedules in the same proportion as those contrac16 tors’ allocations of Schedule A, Schedule B, and Schedule 

17 D contingent capacity and firm energy bears to the full 

18 rated contingent capacity and firm energy obligations.’’. 

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

20 Hoover Power Plant Act of 1984 (43 U.S.C. 619a) is 

21 amended— 

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

23 (2) by redesignating subsections (g), (h), and 

24 (i) as subsections (e), (f), and (g), respectively. 


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1 (l) CONTINUED CONGRESSIONAL OVERSIGHT.—Sub2 section (e) of section 105 of the Hoover Power Plant Act 

3 of 1984 (43 U.S.C. 619a)) (as redesignated by subsection 

4 (k)(2)) is amended— 

5 (1) in the first sentence, by striking ‘‘the re6 newal of’’; and 

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

8 1987, and ending September 30, 2017’’ and insert9 ing ‘‘October 1, 2017, and ending September 30, 

10 2067’’. 

11 (m) COURT CHALLENGES.—Subsection (f)(1) of sec12 tion 105 of the Hoover Power Plant Act of 1984 (43 

13 U.S.C. 619a) (as redesignated by subsection (k)(2)) is 

14 amended in the first sentence by striking ‘‘this Act’’ and 

15 inserting ‘‘the Hoover Power Allocation Act of 2011’’. 

16 (n) REAFFIRMATION OF CONGRESSIONAL DECLARA17 TION OF PURPOSE.—Subsection (g) of section 105 of the 

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

19 redesignated by subsection (k)(2)) is amended— 

20 (1) by striking ‘‘subsections (c), (g), and (h) of 

21 this section’’ and inserting ‘‘this Act’’; and 

22 (2) by striking ‘‘June 1, 1987, and ending Sep23 tember 30, 2017’’ and inserting ‘‘October 1, 2017, 

24 and ending September 30, 2067’’. 


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1 SEC. 3. 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. 


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Union Calendar No. 104 

112TH CONGRESS 

1ST SESSION H. R. 470 

[Report No. 112–159, Part I] 

A BILL 

To further allocate and expand the availability of 

and for other purposes. hydroelectric power generated at Hoover Dam, 

JULY 20, 2011 

Reported from the Committee on Natural Resources 

JULY 20, 2011 

The Committee on the Budget discharged; committed to 

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


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