Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act
PL 113-24 (H.R.678), enacted 08/09/2013

[113th Congress Public Law 24]
[From the U.S. Government Publishing Office]



[[Page 497]]

     BUREAU OF RECLAMATION SMALL CONDUIT HYDROPOWER DEVELOPMENT AND 
                             RURAL JOBS ACT

[[Page 127 STAT. 498]]

Public Law 113-24
113th Congress

                                 An Act


 
To authorize all Bureau of Reclamation conduit facilities for hydropower 
        development under Federal Reclamation law, and for other 
             purposes. <<NOTE: Aug. 9, 2013 -  [H.R. 678]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Bureau of 
Reclamation Small Conduit Hydropower Development and Rural Jobs 
Act. Contracts. 43 USC 485k note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bureau of Reclamation Small Conduit 
Hydropower Development and Rural Jobs Act''.
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 the following:
            ``(1) The Secretary is authorized to enter into contracts 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 existing laws relating to 
        particular projects'' and inserting ``respecting the sales of 
        electric power and leases of power privileges shall be an 
        authorization in addition to and alternative to any authority in 
        existing laws related to particular projects, including small 
        conduit hydropower development''; and
            (5) by adding at the end the following:
                    ``(2)(A) 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 conduit, or to the 
                irrigation district or water users association receiving 
                water from the applicable reserved 
                conduit. <<NOTE: Determination.>>  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 for a small conduit 
                hydropower project.
                    ``(B) If the irrigation district or water users 
                association elects not accept a lease of power privilege 
                offer under subparagraph (A), the Secretary shall offer 
                the lease of power privilege to other parties in 
                accordance with this subsection.
                    ``(3) <<NOTE: Applicability.>>  The Bureau of 
                Reclamation shall apply its categorical exclusion 
                process under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) to small conduit

[[Page 127 STAT. 499]]

                hydropower development under this subsection, excluding 
                siting of associated transmission facilities on Federal 
                lands.
                    ``(4) The Power Resources Office of the Bureau of 
                Reclamation shall be the lead office of small conduit 
                hydropower policy and procedure-setting activities 
                conducted under this subsection.
                    ``(5) Nothing in this subsection shall obligate the 
                Western Area Power Administration, the Bonneville Power 
                Administration, or the Southwestern Power Administration 
                to purchase or market any of the power produced by the 
                facilities covered under this subsection and none of the 
                costs associated 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 
                Reclamation 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 purposes of the project or 
                division involved, nor shall it create any unmitigated 
                financial or physical impacts to the project or division 
                involved. <<NOTE: Notification. Consultation.>>  The 
                Secretary shall notify and consult with the irrigation 
                district or water users association operating the 
                transferred conduit before offering the lease of power 
                privilege and shall prescribe terms and conditions that 
                will adequately protect the planning, design, 
                construction, operation, maintenance, 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 hydropower projects or disposition of revenues.
                    ``(8) Nothing in this subsection shall alter or 
                affect any existing preliminary permit, license, or 
                exemption issued by the Federal Energy Regulatory 
                Commission under Part I of the Federal Power Act (16 
                U.S.C. 792 et seq.) or any project for which an 
                application has been filed with the Federal Energy 
                Regulatory Commission as of the date of the enactment of 
                the Bureau of Reclamation Small Conduit Hydropower 
                Development and Rural Jobs Act.
                    ``(9) <<NOTE: Definitions.>>  In this subsection:
                          ``(A) Conduit.--The term `conduit' means any 
                      Bureau of Reclamation tunnel, canal, pipeline, 
                      aqueduct, flume, ditch, or similar manmade water 
                      conveyance 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 
                      `irrigation district' means any irrigation, water 
                      conservation or conservancy, multicounty water 
                      conservation or conservancy district, or any 
                      separate public entity composed of two or more 
                      such districts and jointly exercising powers of 
                      its member districts.

[[Page 127 STAT. 500]]

                          ``(C) Reserved conduit.--The term `reserved 
                      conduit' means any conduit that is included in 
                      project works the care, operation, and maintenance 
                      of which has been reserved by the Secretary, 
                      through the Commissioner of the Bureau of 
                      Reclamation.
                          ``(D) Transferred conduit.--The term 
                      `transferred conduit' 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) Small conduit hydropower.--The term 
                      `small conduit hydropower' means a facility 
                      capable of producing 5 megawatts or less of 
                      electric capacity.''.

    Approved August 9, 2013.

LEGISLATIVE HISTORY--H.R. 678 (S. 306):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 113-24 (Comm. on Natural Resources).
SENATE REPORTS: Nos. 113-39 (Comm. on Energy and Natural Resources) and 
113-35 (Comm. on Energy and Natural Resources) accompanying S. 306.
CONGRESSIONAL RECORD, Vol. 159 (2013):
            Apr. 10, considered and passed House.
            Aug. 1, considered and passed Senate.

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