II 

Calendar No. 47 

113TH CONGRESS 

1ST SESSION S. 26 

[Report No. 113–16] 

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 

JANUARY 22 (legislative day, JANUARY 3), 2013 

Mr. HATCH (for himself and Mr. LEE) introduced the following bill; which was 

read twice and referred to the Committee on Energy and Natural Resources 

APRIL 22, 2013 

Reported by Mr. WYDEN, without amendment 

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’’. 


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1 SEC. 2. DIAMOND FORK SYSTEM DEFINED. 

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

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

4 of the October 2004 Supplement to the 1988 Definite 

5 Plan Report for the Bonneville Unit. 

6 SEC. 3. COST ALLOCATIONS. 

7 Notwithstanding any other provision of law, in order 

8 to facilitate hydropower development on the Diamond 

9 Fork System, the amount of reimbursable costs allocated 

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

11 the October 2004 Supplement to the 1988 Bonneville Unit 

12 Definite Plan Report, with regard to power development 

13 upstream of the Diamond Fork System, shall be consid14 ered final costs as well as costs in excess of the total max15 imum repayment obligation as defined in section 211 of 

16 the Central Utah Project Completion Act of 1992 (Public 

17 Law 102–575), and shall be subject to the same terms 

18 and conditions. 

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

20 ASSIGNED TO POWER. 

21 Nothing in this Act shall obligate the Western Area 

22 Power Administration to purchase or market any of the 

23 power produced by the Diamond Fork power plant and 

24 none of the costs associated with development of trans25 mission facilities to transmit power from the Diamond 


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1 Fork power plant shall be assigned to power for the pur2 pose of Colorado River Storage Project ratemaking. 

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

4 No facility for the generation or transmission of hy5 droelectric power on the Diamond Fork System may be 

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

7 of any obligation— 

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

9 tax imposed under chapter 1 of the Internal Rev10 enue Code of 1986, or 

11 (2) with respect to which credit is allowable 

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

13 chapter 1 of such Code. 

14 SEC. 6. REPORTING REQUIREMENT. 

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

16 Act, hydropower production on the Diamond Fork System 

17 has not commenced, the Secretary of the Interior shall 

18 submit a report to the Committee on Natural Resources 

19 of the House of Representatives and the Committee on 

20 Energy and Natural Resources of the Senate stating this 

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

22 and a detailed timeline for future hydropower production. 

23 SEC. 7. PAYGO. 

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

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


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1 shall be determined by reference to the latest statement 

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

3 Act, submitted for printing in the Congressional Record 

4 by the Chairman of the House Budget Committee, pro5 vided that such statement has been submitted prior to the 

6 vote on passage. 

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

8 The authority under the provisions of section 301 of 

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

10 42 U.S.C. 16421a) shall not be used to fund any study 

11 or construction of transmission facilities developed as a 

12 result of this Act. 


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Calendar No. 47 

113TH CONGRESS 

1ST SESSION S. 26 

[Report No. 113–16] 

A BILL 

To authorize the Secretary of the Interior to faciliProject. the Diamond Fork System of the Central Utah tate the development of hydroelectric power on 

APRIL 22, 2013 

Reported without amendment 


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