IB 
Union Calendar No. 201 
112TH CONGRESS 
1ST SESSION H. R. 2842 
[Report No. 112–301] 
To authorize all Bureau of Reclamation conduit facilities for hydropower 
development under Federal Reclamation law, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 6, 2011 
Mr. TIPTON (for himself and Mr. GOSAR) introduced the following bill; which 
was referred to the Committee on Natural Resources 
DECEMBER 1, 2011 
Additional sponsors: Mr. SMITH of Nebraska, Mr. COFFMAN of Colorado, Mr. 
MCCLINTOCK, and Mr. COSTA 
DECEMBER 1, 2011 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on September 6, 2011] 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bureau of Reclamation 
Small Conduit Hydropower Development and Rural Jobs 
Act of 2011’’. 
SEC. 2. AUTHORIZATION. 
Section 9(c) of the Reclamation Project Act of 1939 
(43 U.S.C. 485h(c)) is amended— 
(1) by striking ‘‘The Secretary is authorized to 
enter into contracts to furnish water’’ and inserting 
‘‘(1) The Secretary is authorized to enter into con-
tracts to furnish water’’; 
(2) by striking ‘‘(1) shall’’ and inserting ‘‘(A) 
shall’’; 
(3) by striking ‘‘(2) shall’’ and inserting ‘‘(B) 
shall’’; 
(4) by striking ‘‘respecting the terms of sales of 
electric power and leases of power privileges shall be 
in addition and alternative to any authority in exist-
ing laws relating to particular projects’’ and insert-
ing ‘‘respecting the sales of electric power and leases 
of power privileges shall be an authorization in addi-
tion to and alternative to any authority in existing 
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laws related to particular projects, including small 
conduit hydropower development’’; and 
(5) by adding at the end the following: 
‘‘(2) When carrying out this subsection, the Secretary 
shall first offer the lease of power privilege to an irrigation 
district or water users association operating the applicable 
transferred work, or to the irrigation district or water users 
association receiving water from the applicable reserved 
work. The Secretary shall determine a reasonable time 
frame for the irrigation district or water users association 
to accept or reject a lease of power privilege offer. 
‘‘(3) The National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) shall not apply to small conduit 
hydropower development, excluding siting of associated 
transmission on Federal lands, under this subsection. 
‘‘(4) The Power Resources Office of the Bureau of Rec-
lamation shall be the lead office of small conduit hydro-
power policy and procedure-setting activities conducted 
under this subsection. 
‘‘(5) Nothing in this subsection shall obligate the West-
ern Area Power Administration, the Bonneville Power Ad-
ministration, or the Southwestern Power Administration to 
purchase or market any of the power produced by the facili-
ties covered under this subsection and none of the costs asso-
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ciated with production or delivery of such power shall be 
assigned to project purposes for inclusion in project rates. 
‘‘(6) Nothing in this subsection shall alter or impede 
the delivery and management of water by Bureau of Rec-
lamation facilities, as water used for conduit hydropower 
generation shall be deemed incidental to use of water for 
the original project purposes. Lease of power privilege shall 
be made only when, in the judgment of the Secretary, the 
exercise of the lease will not be incompatible with the pur-
poses of the project or division involved, nor shall it create 
any unmitigated financial or physical impacts to the 
project or division involved. The Secretary shall notify and 
consult with the irrigation district or legally organized 
water users association operating the transferred work in 
advance of offering the lease of power privilege and shall 
prescribe such terms and conditions that will adequately 
protect the planning, design, construction, operation, main-
tenance, and other interests of the United States and the 
project or division involved. 
‘‘(7) Nothing in this subsection shall alter or affect any 
existing agreements for the development of conduit hydro-
power projects or disposition of revenues. 
‘‘(8) In this subsection: 
‘‘(A) CONDUIT.—The term ‘conduit’ means any 
Bureau of Reclamation tunnel, canal, pipeline, aque-
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duct, flume, ditch, or similar manmade water convey-
ance that is operated for the distribution of water for 
agricultural, municipal, or industrial consumption 
and not primarily for the generation of electricity. 
‘‘(B) IRRIGATION DISTRICT.—The term ‘irriga-
tion district’ means any irrigation, water conserva-
tion or conservancy district, multicounty water con-
servation or conservancy district, or any separate 
public entity composed of two or more such districts 
and jointly exercising powers of its member districts. 
‘‘(C) RESERVED
WORK.—The term ‘reserved 
work’ means any conduit that is included in project 
works the care, operation, and maintenance of which 
has been reserved by the Secretary, through the Com-
missioner of the Bureau of Reclamation. 
‘‘(D) TRANSFERRED
WORK.—The term ‘trans-
ferred work’ means any conduit that is included in 
project works the care, operation, and maintenance of 
which has been transferred to a legally organized 
water users association or irrigation district. 
‘‘(E) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Interior. 
‘‘(F) SMALL CONDUIT HYDROPOWER.—The term 
‘small conduit hydropower’ means a facility capable 
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of producing 1.5 megawatts or less of electric capac-
ity.’’. 
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Union Calendar No. 201 
112TH CONGRESS 
1ST SESSION 
H. R. 2842 
[Report No. 112–301] 
A BILL 
To authorize all Bureau of Reclamation conduit fa-
cilities for hydropower development under Fed-
eral Reclamation law, and for other purposes. 
DECEMBER 1, 2011 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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23:16 Dec 01, 2011
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