I 

112TH CONGRESS 

1ST SESSION H. R. 460 

To authorize the Secretary of the Interior to facilitate the development of 

hydroelectric power on the Diamond Fork System of the Central Utah Project. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2011 

Mr. CHAFFETZ (for himself, Mr. MATHESON, and Mr. BISHOP of Utah) 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 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Hydropower Facilitation Act’’. 

6 SEC. 2. DIAMOND FORK SYSTEM DEFINED. 

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

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


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 460 IH

1 of the October 2004 Supplement to the 1988 Definite 

2 Plan Report for the Bonneville Unit. 

3 SEC. 3. COST ALLOCATIONS. 

4 Notwithstanding any other provision of law, in order 

5 to facilitate hydropower development on the Diamond 

6 Fork System, the amount of reimbursable costs allocated 

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

8 the October 2004 Supplement to the 1988 Bonneville Unit 

9 Definite Plan Report, with regard to power development 

10 within the Diamond Fork System, shall be considered final 

11 costs as well as costs in excess of the total maximum re12 payment obligation as defined in section 211 of the Cen13 tral Utah Project Completion Act of 1992 (Public Law 

14 102–575), and shall be subject to the same terms and con15 ditions. 

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

17 ASSIGNED TO POWER. 

18 Nothing in this Act shall obligate the Western Area 

19 Power Administration to purchase or market any of the 

20 power produced by the Diamond Fork power plant and 

21 none of the costs associated with development of trans22 mission facilities to transmit power from the Diamond 

23 Fork power plant shall be assigned to power for the pur24 pose of Colorado River Storage Project ratemaking. 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 460 IH

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

2 No facility for the generation or transmission of hy3 droelectric power on the Diamond Fork System may be 

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

5 of any obligation— 

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

7 tax imposed under chapter 1 of the Internal Rev8 enue Code of 1986, or 

9 (2) with respect to which credit is allowable 

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

11 chapter 1 of such Code. 

12 SEC. 6. REPORTING REQUIREMENT. 

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

14 Act, hydropower production on the Diamond Fork System 

15 has not commenced, the Secretary of the Interior shall 

16 submit a report to the Committee on Natural Resources 

17 of the House of Representatives and the Committee on 

18 Energy and Natural Resources of the Senate stating this 

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

20 and a detailed timeline for future hydropower production. 

21 SEC. 7. PAYGO. 

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

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

24 shall be determined by reference to the latest statement 

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

26 Act, submitted for printing in the Congressional Record 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 460 IH

1 by the Chairman of the House Budget Committee, pro2 vided that such statement has been submitted prior to the 

3 vote on passage. 

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

5 The authority under the provisions of section 301 of 

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

7 42 U.S.C. 16421a) shall not be used to fund any study 

8 or construction of transmission facilities developed as a 

9 result of this Act. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS