II 

112TH CONGRESS 

1ST SESSION S. 499 

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 SENATE OF THE UNITED STATES 

MARCH 7, 2011 

Mr. HATCH introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

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 

9 of the October 2004 Supplement to the 1988 Definite 

10 Plan Report for the Bonneville Unit. 


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1 SEC. 3. COST ALLOCATIONS. 

2 Notwithstanding any other provision of law, in order 

3 to facilitate hydropower development on the Diamond 

4 Fork System, the amount of reimbursable costs allocated 

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

6 the October 2004 Supplement to the 1988 Bonneville Unit 

7 Definite Plan Report, with regard to power development 

8 within the Diamond Fork System, shall be considered final 

9 costs as well as costs in excess of the total maximum re10 payment obligation as defined in section 211 of the Cen11 tral Utah Project Completion Act of 1992 (Public Law 

12 102–575), and shall be subject to the same terms and con13 ditions. 

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

15 ASSIGNED TO POWER. 

16 Nothing in this Act shall obligate the Western Area 

17 Power Administration to purchase or market any of the 

18 power produced by the Diamond Fork power plant and 

19 none of the costs associated with development of trans20 mission facilities to transmit power from the Diamond 

21 Fork power plant shall be assigned to power for the pur22 pose of Colorado River Storage Project ratemaking. 

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

24 No facility for the generation or transmission of hy25 droelectric power on the Diamond Fork System may be 


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

2 of any obligation— 

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

4 tax imposed under chapter 1 of the Internal Rev5 enue Code of 1986, or 

6 (2) with respect to which credit is allowable 

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

8 chapter 1 of such Code. 

9 SEC. 6. REPORTING REQUIREMENT. 

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

11 Act, hydropower production on the Diamond Fork System 

12 has not commenced, the Secretary of the Interior shall 

13 submit a report to the Committee on Natural Resources 

14 of the House of Representatives and the Committee on 

15 Energy and Natural Resources of the Senate stating this 

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

17 and a detailed timeline for future hydropower production. 

18 SEC. 7. PAYGO. 

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

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

21 shall be determined by reference to the latest statement 

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

23 Act, submitted for printing in the Congressional Record 

24 by the Chairman of the House Budget Committee, proVerDate Mar 15 2010 04:11 Mar 08, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S499.IS S499

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1 vided that such statement has been submitted prior to the 

2 vote on passage. 

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

4 The authority under the provisions of section 301 of 

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

6 42 U.S.C. 16421a) shall not be used to fund any study 

7 or construction of transmission facilities developed as a 

8 result of this Act. 

Æ 


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