Hoover Power Allocation Act of 2011
PL 112-72 (H.R.470), enacted 12/20/2011

125 STAT. 777 
PUBLIC LAW 112–72—DEC. 20, 2011 
Public Law 112–72 
112th Congress 
An Act 
To further allocate and expand the availability of hydroelectric power generated 
at Hoover Dam, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hoover Power Allocation Act 
of 2011’’. 
SEC. 2. ALLOCATION OF CONTRACTS FOR POWER. 
(a) SCHEDULE A POWER.—Section 105(a)(1)(A) of the Hoover 
Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(A)) is amended— 
(1) by striking ‘‘renewal’’; 
(2) by striking ‘‘June 1, 1987’’ and inserting ‘‘October 1, 
2017’’; and 
(3) by striking Schedule A and inserting the following: 
‘‘Schedule A 
Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to 
Boulder Canyon project contractors 
Contractor 
Contin-
gent ca-
pacity 
(kW) 
Firm energy (thousands of kWh) 
Summer 
Winter 
Total 
Metropolitan Water 
District of Southern 
California .......................
249,948 
859,163 
368,212 
1,227,375
City of Los Angeles ...........
495,732 
464,108 
199,175 
663,283
Southern California 
Edison Company ...........
280,245 
166,712 
71,448 
238,160
City of Glendale ................
18,178 
45,028 
19,297 
64,325
City of Pasadena ...............
11,108 
38,622 
16,553 
55,175
City of Burbank ................
5,176 
14,070 
6,030 
20,100
Arizona Power Authority
190,869 
429,582 
184,107 
613,689
Colorado River 
Commission of Nevada
190,869 
429,582 
184,107 
613,689
United States, for Boulder 
City ................................
20,198 
53,200 
22,800 
76,000
Totals .................................
1,462,323 
2,500,067 
1,071,729 
3,571,796’’. 
(b) SCHEDULE B POWER.—Section 105(a)(1)(B) of the Hoover 
Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(B)) is amended to 
read as follows: 
43 USC 619a. 
43 USC 619 note. 
Hoover Power 
Allocation Act of 
2011. 
State listing. 
Dec. 20, 2011 
[H.R. 470] 
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125 STAT. 778 
PUBLIC LAW 112–72—DEC. 20, 2011 
‘‘(B) To each existing contractor for power generated at Hoover 
Dam, a contract, for delivery commencing October 1, 2017, of the 
amount of contingent capacity and firm energy specified for that 
contractor in the following table: 
‘‘Schedule B 
Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to 
Boulder Canyon project contractors 
Contractor 
Contin-
gent ca-
pacity 
(kW) 
Firm energy (thousands of kWh) 
Summer 
Winter 
Total 
City of Glendale ...............
2,020 
2,749 
1,194 
3,943
City of Pasadena ...............
9,089 
2,399 
1,041 
3,440
City of Burbank ................
15,149 
3,604 
1,566 
5,170
City of Anaheim ................
40,396 
34,442 
14,958 
49,400
City of Azusa .....................
4,039 
3,312 
1,438 
4,750
City of Banning ................
2,020 
1,324 
576 
1,900
City of Colton ....................
3,030 
2,650 
1,150 
3,800
City of Riverside ...............
30,296 
25,831 
11,219 
37,050
City of Vernon ...................
22,218 
18,546 
8,054 
26,600
Arizona ..............................
189,860 
140,600 
60,800 
201,400
Nevada ..............................
189,860 
273,600 
117,800 
391,400
Totals .................................
507,977 
509,057 
219,796 
728,853’’. 
(c) SCHEDULE C POWER.—Section 105(a)(1)(C) of the Hoover 
Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(C)) is amended— 
(1) by striking ‘‘June 1, 1987’’ and inserting ‘‘October 1, 
2017’’; and 
(2) by striking Schedule C and inserting the following: 
‘‘Schedule C 
Excess Energy 
Priority of entitlement to excess energy 
State 
First: Meeting Arizona’s first priority right to delivery 
of excess energy which is equal in each year of oper-
ation to 200 million kilowatthours: Provided, That in 
the event excess energy in the amount of 200 million 
kilowatthours is not generated during any year of 
operation, Arizona shall accumulate a first right to 
delivery of excess energy subsequently generated in 
an amount not to exceed 600 million kilowatthours, 
inclusive 
of 
the 
current 
year’s 
200 
million 
kilowatthours. Said first right of delivery shall ac-
crue at a rate of 200 million kilowatthours per year 
for each year excess energy in an amount of 200 mil-
lion kilowatthours is not generated, less amounts of 
excess energy delivered. ................................................
Arizona 
Second: Meeting Hoover Dam contractual obligations 
under Schedule A of subsection (a)(1)(A), under 
Schedule B of subsection (a)(1)(B), and under Sched-
ule D of subsection (a)(2), not exceeding 26 million 
kilowatthours in each year of operation. .....................
Arizona, Nevada, and Cali-
fornia 
Effective date. 
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125 STAT. 779 
PUBLIC LAW 112–72—DEC. 20, 2011 
‘‘Schedule C—Continued 
Excess Energy 
Priority of entitlement to excess energy 
State 
Third: Meeting the energy requirements of the three 
States, such available excess energy to be divided 
equally among the States. ............................................
Arizona, Nevada, and Cali-
fornia’’. 
(d) SCHEDULE D POWER.—Section 105(a) of the Hoover Power 
Plant Act of 1984 (43 U.S.C. 619a(a)) is amended— 
(1) by redesignating paragraphs (2), (3), and (4) as para-
graphs (3), (4), and (5), respectively; and 
(2) by inserting after paragraph (1) the following: 
‘‘(2)(A) The Secretary of Energy is authorized to and shall 
create from the apportioned allocation of contingent capacity and 
firm energy adjusted from the amounts authorized in this Act 
in 1984 to the amounts shown in Schedule A and Schedule B, 
as modified by the Hoover Power Allocation Act of 2011, a resource 
pool equal to 5 percent of the full rated capacity of 2,074,000 
kilowatts, and associated firm energy, as shown in Schedule D 
(referred to in this section as ‘Schedule D contingent capacity and 
firm energy’): 
‘‘Schedule D 
Long-term Schedule D resource pool of contingent capacity and associated firm energy for new 
allottees 
State 
Contin-
gent ca-
pacity 
(kW) 
Firm energy (thousands of kWh) 
Summer 
Winter 
Total 
New Entities Allocated by 
the Secretary of Energy 
69,170 
105,637 
45,376 
151,013 
New Entities Allocated by 
State 
Arizona ..............................
11,510 
17,580 
7,533 
25,113 
California .........................
11,510 
17,580 
7,533 
25,113 
Nevada ..............................
11,510 
17,580 
7,533 
25,113 
Totals .................................
103,700 
158,377 
67,975 
226,352 
‘‘(B) The Secretary of Energy shall offer Schedule D contingency 
capacity and firm energy to entities not receiving contingent 
capacity and firm energy under subparagraphs (A) and (B) of para-
graph (1) (referred to in this section as ‘new allottees’) for delivery 
commencing October 1, 2017 pursuant to this subsection. In this 
subsection, the term ‘the marketing area for the Boulder City Area 
Projects’ shall have the same meaning as in appendix A of the 
Conformed General Consolidated Power Marketing Criteria or 
Regulations for Boulder City Area Projects published in the Federal 
Register on December 28, 1984 (49 Federal Register 50582 et seq.) 
(referred to in this section as the ‘Criteria’). 
‘‘(C)(i) Within 36 months of the date of enactment of the Hoover 
Power Allocation Act of 2011, the Secretary of Energy shall allocate 
through the Western Area Power Administration (referred to in 
Deadline. 
Effective date. 
Effective date. 
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125 STAT. 780 
PUBLIC LAW 112–72—DEC. 20, 2011 
this section as ‘Western’), for delivery commencing October 1, 2017, 
for use in the marketing area for the Boulder City Area Projects 
66.7 percent of the Schedule D contingent capacity and firm energy 
to new allottees that are located within the marketing area for 
the Boulder City Area Projects and that are— 
‘‘(I) eligible to enter into contracts under section 5 of the 
Boulder Canyon Project Act (43 U.S.C. 617d); or 
‘‘(II) federally recognized Indian tribes. 
‘‘(ii) In the case of Arizona and Nevada, Schedule D contingent 
capacity and firm energy for new allottees other than federally 
recognized Indian tribes shall be offered through the Arizona Power 
Authority and the Colorado River Commission of Nevada, respec-
tively. Schedule D contingent capacity and firm energy allocated 
to federally recognized Indian tribes shall be contracted for directly 
with Western. 
‘‘(D) Within 1 year of the date of enactment of the Hoover 
Power Allocation Act of 2011, the Secretary of Energy also shall 
allocate, for delivery commencing October 1, 2017, for use in the 
marketing area for the Boulder City Area Projects 11.1 percent 
of the Schedule D contingent capacity and firm energy to each 
of— 
‘‘(i) the Arizona Power Authority for allocation to new 
allottees in the State of Arizona; 
‘‘(ii) the Colorado River Commission of Nevada for alloca-
tion to new allottees in the State of Nevada; and 
‘‘(iii) Western for allocation to new allottees within the 
State of California, provided that Western shall have 36 months 
to complete such allocation. 
‘‘(E) Each contract offered pursuant to this subsection shall 
include a provision requiring the new allottee to pay a proportionate 
share of its State’s respective contribution (determined in accord-
ance with each State’s applicable funding agreement) to the cost 
of the Lower Colorado River Multi-Species Conservation Program 
(as defined in section 9401 of the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111–11; 123 Stat. 1327)), and to 
execute the Boulder Canyon Project Implementation Agreement 
Contract No. 95–PAO–10616 (referred to in this section as the 
‘Implementation Agreement’). 
‘‘(F) Any of the 66.7 percent of Schedule D contingent capacity 
and firm energy that is to be allocated by Western that is not 
allocated and placed under contract by October 1, 2017, shall be 
returned to those contractors shown in Schedule A and Schedule 
B in the same proportion as those contractors’ allocations of 
Schedule A and Schedule B contingent capacity and firm energy. 
Any of the 33.3 percent of Schedule D contingent capacity and 
firm energy that is to be distributed within the States of Arizona, 
Nevada, and California that is not allocated and placed under 
contract by October 1, 2017, shall be returned to the Schedule 
A and Schedule B contractors within the State in which the 
Schedule D contingent capacity and firm energy were to be distrib-
uted, in the same proportion as those contractors’ allocations of 
Schedule A and Schedule B contingent capacity and firm energy.’’. 
(e) TOTAL OBLIGATIONS.—Paragraph (3) of section 105(a) of 
the Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as redesig-
nated by subsection (d)(1)) is amended— 
Deadline. 
Deadline. 
Deadline. 
Effective date. 
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125 STAT. 781 
PUBLIC LAW 112–72—DEC. 20, 2011 
(1) in the first sentence, by striking ‘‘schedule A of section 
105(a)(1)(A) and schedule B of section 105(a)(1)(B)’’ and 
inserting ‘‘paragraphs (1)(A), (1)(B), and (2)’’; and 
(2) in the second sentence— 
(A) by striking ‘‘any’’ each place it appears and 
inserting ‘‘each’’; 
(B) by striking ‘‘schedule C’’ and inserting ‘‘Schedule 
C’’; and 
(C) by striking ‘‘schedules A and B’’ and inserting 
‘‘Schedules A, B, and D’’. 
(f) POWER MARKETING CRITERIA.—Paragraph (4) of section 
105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) 
(as redesignated by subsection (d)(1)) is amended to read as follows: 
‘‘(4) Subdivision C of the Criteria shall be deemed to have 
been modified to conform to this section, as modified by the Hoover 
Power Allocation Act of 2011. The Secretary of Energy shall cause 
to be included in the Federal Register a notice conforming the 
text of the regulations to such modifications.’’. 
(g) CONTRACT TERMS.—Paragraph (5) of section 105(a) of the 
Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as redesignated 
by subsection (d)(1)) is amended— 
(1) by striking subparagraph (A) and inserting the fol-
lowing: 
‘‘(A) in accordance with section 5(a) of the Boulder Canyon 
Project Act (43 U.S.C. 617d(a)), expire September 30, 2067;’’; 
(2) in the proviso of subparagraph (B)— 
(A) by striking ‘‘shall use’’ and inserting ‘‘shall allo-
cate’’; and 
(B) by striking ‘‘and’’ after the semicolon at the end; 
(3) in subparagraph (C), by striking the period at the 
end and inserting a semicolon; and 
(4) by adding at the end the following: 
‘‘(D) authorize and require Western to collect from new 
allottees a pro rata share of Hoover Dam repayable advances 
paid for by contractors prior to October 1, 2017, and remit 
such amounts to the contractors that paid such advances in 
proportion to the amounts paid by such contractors as specified 
in section 6.4 of the Implementation Agreement; 
‘‘(E) permit transactions with an independent system oper-
ator; and 
‘‘(F) contain the same material terms included in section 
5.6 of those long-term contracts for purchases from the Hoover 
Power Plant that were made in accordance with this Act and 
are in existence on the date of enactment of the Hoover Power 
Allocation Act of 2011.’’. 
(h) EXISTING RIGHTS.—Section 105(b) of the Hoover Power Plant 
Act of 1984 (43 U.S.C. 619a(b)) is amended by striking ‘‘2017’’ 
and inserting ‘‘2067’’. 
(i) OFFERS.—Section 105(c) of the Hoover Power Plant Act 
of 1984 (43 U.S.C. 619a(c)) is amended to read as follows: 
‘‘(c) OFFER OF CONTRACT TO OTHER ENTITIES.—If any existing 
contractor fails to accept an offered contract, the Secretary of Energy 
shall offer the contingent capacity and firm energy thus available 
first to other entities in the same State listed in Schedule A and 
Schedule B, second to other entities listed in Schedule A and 
Schedule B, third to other entities in the same State which receive 
contingent capacity and firm energy under subsection (a)(2) of this 
Federal Register, 
publication. 
Notice. 
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125 STAT. 782 
PUBLIC LAW 112–72—DEC. 20, 2011 
section, and last to other entities which receive contingent capacity 
and firm energy under subsection (a)(2) of this section.’’. 
(j) AVAILABILITY
OF WATER.—Section 105(d) of the Hoover 
Power Plant Act of 1984 (43 U.S.C. 619a(d)) is amended to read 
as follows: 
‘‘(d) WATER AVAILABILITY.—Except with respect to energy pur-
chased at the request of an allottee pursuant to subsection (a)(3), 
the obligation of the Secretary of Energy to deliver contingent 
capacity and firm energy pursuant to contracts entered into pursu-
ant to this section shall be subject to availability of the water 
needed to produce such contingent capacity and firm energy. In 
the event that water is not available to produce the contingent 
capacity and firm energy set forth in Schedule A, Schedule B, 
and Schedule D, the Secretary of Energy shall adjust the contingent 
capacity and firm energy offered under those Schedules in the 
same proportion as those contractors’ allocations of Schedule A, 
Schedule B, and Schedule D contingent capacity and firm energy 
bears to the full rated contingent capacity and firm energy obliga-
tions.’’. 
(k) CONFORMING AMENDMENTS.—Section 105 of the Hoover 
Power Plant Act of 1984 (43 U.S.C. 619a) is amended— 
(1) by striking subsections (e) and (f); and 
(2) by redesignating subsections (g), (h), and (i) as sub-
sections (e), (f), and (g), respectively. 
(l) CONTINUED CONGRESSIONAL OVERSIGHT.—Subsection (e) of 
section 105 of the Hoover Power Plant Act of 1984 (43 U.S.C. 
619a) (as redesignated by subsection (k)(2)) is amended— 
(1) in the first sentence, by striking ‘‘the renewal of’’; and 
(2) in the second sentence, by striking ‘‘June 1, 1987, and 
ending September 30, 2017’’ and inserting ‘‘October 1, 2017, 
and ending September 30, 2067’’. 
(m) COURT CHALLENGES.—Subsection (f)(1) of section 105 of 
the Hoover Power Plant Act of 1984 (43 U.S.C. 619a) (as redesig-
nated by subsection (k)(2)) is amended in the first sentence by 
striking ‘‘this Act’’ and inserting ‘‘the Hoover Power Allocation Act 
of 2011’’. 
(n) REAFFIRMATION OF CONGRESSIONAL DECLARATION OF PUR-
POSE.—Subsection (g) of section 105 of the Hoover Power Plant 
Act of 1984 (43 U.S.C. 619a) (as redesignated by subsection (k)(2)) 
is amended— 
(1) by striking ‘‘subsections (c), (g), and (h) of this section’’ 
and inserting ‘‘this Act’’; and 
(2) by striking ‘‘June 1, 1987, and ending September 30, 
2017’’ and inserting ‘‘October 1, 2017, and ending September 
30, 2067’’. 
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125 STAT. 783 
PUBLIC LAW 112–72—DEC. 20, 2011 
LEGISLATIVE HISTORY—H.R. 470 (S. 519): 
HOUSE REPORTS: No. 112–159, Pt. 1 (Comm. on Natural Resources). 
SENATE REPORTS: No. 112–58 (Comm. on Energy and Natural Resources) accom-
panying S. 519. 
CONGRESSIONAL RECORD, Vol. 157 (2011): 
Oct. 3, considered and passed House. 
Oct. 18, considered and passed Senate. 
SEC. 3. PAYGO. 
The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, submitted for printing in the 
Congressional Record by the Chairman of the House Budget Com-
mittee, provided that such statement has been submitted prior 
to the vote on passage. 
Approved December 20, 2011. 
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