Union Calendar No. 436
103D CONGRESS
2D SESSION
H. R. 4523
[Report No. 103–790]
To provide for private development of power at the Mancos Project, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 26, 1994
Mr. MCINNIS introduced the following bill; which was referred to the
Committee on Natural Resources
OCTOBER 3, 1994
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 May 26, 1994]
A BILL
To provide for private development of power at the Mancos
Project, and for other purposes.
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 bill may be cited as the ‘‘Mancos Project Private
Power Development Authorization Act of 1994’’.
SEC. 2. FINDINGS.
Congress finds that—
(a) development of hydroelectric power at the
Mancos Project consistent with the Feasibility Report
and Engineering and Construction Report for the
Jackson Gulch Reservoir Hydroelectric Project dated
April 19, 1991, and revised on May 13, 1992, and
February 10, 1993, by the Mancos Water Conservancy
District—
(1) will be without cost to the United
States;
(2) will not impair the efficiency of the
project for irrigation purposes;
(3) will not alter the volume, timing or tem-
peratures of flows from the reservoir; and
(4) is not likely to cause any new or in-
creased adverse impacts to any federally listed or
candidate species;
(b) That the Mancos Water Conservancy District
is currently operating and maintaining facilities at
the Mancos Project and that the development of hy-
droelectric power at the Mancos Project consistent
with the Feasibility Report and Engineering and
Construction Report for the Jackson Gulch Reservoir
Hydroelectric Project dated April 19, 1991, revised on
May 13, 1992, and February 10, 1993, by the Mancos
Water Conservancy District will not increase oper-
ation and maintenance costs of the Federal Govern-
ment; and
(c) That any lease of power privileges issued by
the Secretary pursuant to this Act does not constitute
a ‘‘contract’’ under section 202(1) of Public Law 97–
293 (96 Stat. 1261; 43 U.S.C. section 390bb) and that
nothing in this Act is intended to make applicable
any section of Public Law 97–293 (96 Stat. 1261; 43
U.S.C. section 390aa et. seq.) that would not pre-
viously apply.
SEC. 3. AUTHORIZATION TO LEASE POWER PRIVILEGES.
Notwithstanding the provisions of the Water Conserva-
tion and Utilization Act (16 U.S.C. sections 590y–590z–
11) or any relevant provision of the repayment contract
Ilr–384, dated July 20, 1942, as amended December 22,
1947, the Secretary is authorized to enter into a lease of
power privileges at the Mancos Project, Colorado, with the
Mancos Water Conservancy District.
SEC. 4. LEASE CONDITIONS.
Any such lease of power privileges issued pursuant to
Section 3 of this Act shall not exceed a period of forty years
and shall be consistent with rates charged by the Federal
Energy Regulatory Commission for comparable sized
projects. Moneys derived from such lease shall be covered
into the reclamation fund in accordance with relevant parts
of Federal reclamation law, the Act of June 17, 1902, and
Acts supplementary thereto and amendatory thereof (43
U.S.C. 371).
SEC. 5. REVENUES DERIVED FROM POWER DEVELOPMENT.
Notwithstanding the provisions of the Water Conserva-
tion and Utilization Act (16 U.S.C. sections 590y–590z–
11) or any relevant provision of the repayment contract
Ilr–384, dated July 20, 1942, as amended December 22,
1947, the Mancos Water Conservancy District may receive
revenues from the sale of the power generated pursuant to
such lease of power privilege.