Title 43 — Public Lands
Chapter 12A — Boulder Canyon Project
§ 619a. Renewal contracts for power
Statutory text
Offering of contracts by Secretary; total power obligation; conforming of regulations; contract expiration and restrictions
The Secretary of Energy shall offer:
To each contractor for power generated at Hoover Dam a contract for delivery commencing , of the amount of capacity and firm energy specified for that contractor in the following table:
| Schedule A | ||||
|---|---|---|---|---|
| Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors | ||||
| Contractor | Contingent capacity (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 |
To each existing contractor for power generated at Hoover Dam, a contract, for delivery commencing , 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 | Contingent capacity (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 |
To the Arizona Power Authority and the Colorado River Commission of Nevada and to purchasers in the State of California eligible to enter into such contracts under section 5 of the Boulder Canyon Project Act [43 U.S.C. 617d], contracts for delivery commencing , of such energy generated at Hoover Dam as is available respectively to the States of Arizona, Nevada, and California in excess of 4,501.001 million kilowatthours in any year of operation (hereinafter called excess energy) in accordance with the following table:
| 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 operation 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 accrue at a rate of 200 million kilowatthours per year for each year excess energy in an amount of 200 million 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 Schedule D of subsection (a)(2), not exceeding 26 million kilowatthours in each year of operation | Arizona, Nevada, and California |
| Third: Meeting the energy requirements of the three States, such available excess energy to be divided equally among the States | Arizona, Nevada, and California |
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 subchapter 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 | Contingent capacity (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 |
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 paragraph (1) (referred to in this section as “new allottees”) for delivery commencing 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 (49 Federal Register 50582 et seq.) (referred to in this section as the “Criteria”).
Within 36 months of , the Secretary of Energy shall allocate through the Western Area Power Administration (referred to in this section as “Western”), for delivery commencing , 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—
eligible to enter into contracts under section 5 of the Boulder Canyon Project Act (43 U.S.C. 617d); or
federally recognized Indian tribes.
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, respectively. Schedule D contingent capacity and firm energy allocated to federally recognized Indian tribes shall be contracted for directly with Western.
Within 1 year of , the Secretary of Energy also shall allocate, for delivery commencing , 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—
the Arizona Power Authority for allocation to new allottees in the State of Arizona;
the Colorado River Commission of Nevada for allocation to new allottees in the State of Nevada; and
Western for allocation to new allottees within the State of California, provided that Western shall have 36 months to complete such allocation.
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 accordance 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 Management 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”).
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 , 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 , 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 distributed, in the same proportion as those contractors’ allocations of Schedule A and Schedule B contingent capacity and firm energy.
The total obligation of the Secretary of Energy to deliver firm energy pursuant to paragraphs (1)(A), (1)(B), and (2) is 4,527.001 million kilowatthours in each year of operation. To the extent that the actual generation at Hoover Powerplant in each year of operation (less deliveries thereof to Arizona required by its first priority under Schedule C of subsection (a)(1)(C) whenever actual generation in each year of operation is in excess of 4,501.001 million kilowatthours) is less than 4,527.001 million kilowatthours, such deficiency shall be borne by the holders of contracts under said 1 Schedules A, B, and D in the ratio that the sum of the quantities of firm energy to which each contractor is entitled pursuant to said schedules bears to 4,527.001 million kilowatthours. At the request of any such contractor, the Secretary of Energy will purchase energy to meet that contractor’s deficiency at such contractor’s expense.
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.
Each contract offered under subsection (a)(1) of this section shall:
in accordance with section 5(a) of the Boulder Canyon Project Act (43 U.S.C. 617d(a)), expire ;
not restrict use to which the capacity and energy contracted for by the Metropolitan Water District of Southern California may be placed within the State of California: Provided, That to the extent practicable and consistent with sound water management and conservation practice, the Metropolitan Water District of Southern California shall allocate such capacity and energy to pump available Colorado River water prior to using such capacity and energy to pump California State water project water;
conform to the applicable provisions of subdivison 2 E of the Criteria, commencing at 48 Federal Register 20881, modified as provided in this section. To the extent that said provisions of the Criteria, as so modified, are applicable to contracts entered into under this section, those provisions are hereby ratified;
authorize and require Western to collect from new allottees a pro rata share of Hoover Dam repayable advances paid for by contractors prior to , 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;
permit transactions with an independent system operator; and
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 subchapter and are in existence on .
Prejudice of rights of contract holders under Boulder Canyon Project Act
Nothing in the Criteria shall be construed to prejudice any rights conferred by the Boulder Canyon Project Act, as amended and supplemented [43 U.S.C. 617 et seq.], on the holder of a contract described in subsection (a) of this section not in default thereunder on .
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 section, and last to other entities which receive contingent capacity and firm energy under subsection (a)(2) of this section.
Water availability
Except with respect to energy purchased 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 pursuant 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 obligations.
Congressional exercise of reserved right
The provisions of this section constitute an exercise by the Congress of the right reserved by it in section 5(b) of the Boulder Canyon Project Act, as amended and supplemented [43 U.S.C. 617d(b)], to prescribe terms and conditions for contracts for electrical energy generated at Hoover Dam. This section constitutes the exclusive method for disposing of capacity and energy from Hoover Dam for the period beginning , and ending .
Court challenges; disputes and disagreements
Notwithstanding any other provision of law, any claim that the provisions of subsection (a) of this section violates any rights to capacity or energy from the Boulder Canyon project is barred unless the complaint is filed within one year after , in the United States Court of Federal Claims which shall have exclusive jurisdiction over this action. Any claim that actions taken by any administrative agency of the United States violates any right under this subchapter or the Boulder Canyon Project Act [43 U.S.C. 617 et seq.] or the Boulder Canyon Project Adjustment Act [43 U.S.C. 618 et seq.] is barred unless suit asserting such claim is filed in a Federal court of competent jurisdiction within one year after final refusal of such agency to correct the action complained of.
Any contract entered into pursuant to this section or section 107 of this Act [42 U.S.C. 7133 note] shall contain provisions by which any dispute or disagreement as to interpretation or performance of the provisions of this subchapter or of applicable regulations or of the contract may be determined by arbitration or court proceedings. The Secretary of Energy or the Secretary of the Interior, as the case may be, if authorized to act for the United States in such arbitration or court proceedings and, except as provided in paragraph (1) of this subsection, jurisdiction is conferred upon any district court of the United States of proper venue to determine the dispute.
Congressional declaration of purpose
It is the purpose of this subchapter to ensure that the rights of contractors for capacity and energy from the Boulder Canyon project for the period beginning , and ending , will vest with certainty and finality.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Hoover Power Plant Act of 1984
Pub. L. 98–381 title I § 105 · 98 Stat. 1333
Enacted · 43 U.S.C. § 619a
Pub. L. 98–381, title I, § 105, Aug. 17, 1984, 98 Stat. 1335
Source evidence
Code source credit
Pub. L. 98–381, title I, § 105, Aug. 17, 1984, 98 Stat. 1335Enacted provision · exact public law section
Sec. 105. (a) (1) The Secretary of Energy shall offer: Contracts with U.S. 43 USC 619a. (A) To each contractor for power generated at Hoover Dam a renewal contract for delivery commencing June 1, 1987, of the amount of capacity and firm energy specified for that contractor in the following table: Contractor Contingent Firm energy (thousands Total capacity of kWh) (kW) Summer Winter Metropolitan Water District of Southern California 247,500 904,382 387,592 1,291,974 City of Los Angeles 490,875 488,535 209,658 698,193 Southern California Edison Company 277,500 175,486 75,208 250,694 City of Glendale 18,000 47,398 20,313 67,711 City of Pasadena 11,000 40,655 17,424 58,079 City of Burbank 5,125 14,811 6,347 21,158 Arizona Power Authority 189,000 452,192 193,797 645,989 Colorado River Commission of Nevada. 189,000 452,192 193,797 645,989 United States, for Boulder City 20,000 56,000 24,000 80,000 Totals 1,448,000 2,631,651 1,128,136 3,759,787 (B) To purchasers in the States of Arizona, Nevada and California eligible to enter into such contracts under section 5 of the Boulder 43 USC 617d. Canyon Project Act, contracts for delivery commencing June 1, 1987, or as it thereafter becomes available, of capacity resulting from the uprating program and for delivery commencing June 1, 1987, of associated firm energy as specified in the following table: State Contingent Firm energy (thousands of kWh) capacity (kW) Summer Winter Total Arizona 188,000 148,000 64,000 212,000 California 127,000 99,850 43,364 143,214 Nevada 188,000 288,000 124,000 412,000 Totals 503,000 535,850 231,364 767,214 Provided, however, That in the case of Arizona and Nevada, such contracts shall be offered to the Arizona Power Authority and the Colorado River Commission of Nevada, respectively, as the agency specified by State law as the agent of such State for purchasing power from the Boulder Canyon project: Provided further, That in the case of California, no such contract under this subparagraph (B) shall be offered to any purchaser who is offered a contract for capacity exceeding 20,000 kilowatts under subparagraph (A) of this paragraph. (C) To the Arizona Power Authority and the Colorado River Commission of Nevada and to purchasers in the State of California eligible to enter into such contracts under section 5 of the Boulder Canyon Project Act, contracts for delivery commencing June 1, 1987, of such energy generated at Hoover Dam as is available respectively to the States of Arizona, Nevada, and California in excess of 4,501.001 million kilowatthours in any year of operation (hereinafter called excess energy) in accordance with the following table: 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 operation to 200 million kilowatthours: Provided, however, 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 accrue at a rate of 200 million kilowatthours per year for each year excess energy in the amount of 200 million kilowatthours is not generated, less amounts of excess energy delivered. Arizona Second: Meeting Hoover Dam contractual obligations under schedule A of section 10(a)(1)(A) and under schedule B of section 105(a)(1)(B) not exceeding 26 million kilowatthours in each year of operation. ……………… Third: Meeting the energy requirements of the three States, such available excess energy to be divided equally among the States. Arizona, Nevada, California (2) The total obligation of the Secretary of Energy to deliver firm energy pursuant to schedule A of section 105(a)(1)(A) and schedule B of section 105(a)(1)(B) is 4,527.001 million kilowatthours in each year of operation. To the extent that the actual generation at Hoover Power plant in any year of operation (less deliveries thereof to Arizona required by its first priority under schedule C of section 105(a)(1)(C) whenever actual generation in any year of operation is in excess of 4,501.001 million kilowatthours) is less than 4,527.001 million kilowatthours, such deficiency shall be borne by the holders of contracts under said schedules A and B in the ratio that the sum of the quantities of firm energy to which each contractor is entitled pursuant to said schedules bears to 4,527.001 million kilowatthours. At the request of any such contractor, the Secretary of Energy will purchase energy to meet that contractor’s deficiency at such contractor’s expense. (3) Subdivision E of the “General Consolidated Power Marketing Criteria or Regulations for Boulder City Area Projects” published in the Federal Register May 9, 1983 (48 Federal Register commencing at 20881), hereinafter referred to as the “Criteria” or as the “Regulations” shall be deemed to have been modified to conform to this section. The Secretary of Energy shall cause to be included in the Federal Register, publication. Federal Register a notice conforming the text of said Regulations to such modifications. (4) Each contract offered under subsection (a)(1) of this section shall: (A) expire September 30, 2017; (B) not restrict use to which the capacity and energy contracted for by the Metropolitan Water District of Southern California may be placed within the State of California: Provided, That to the extent practicable and consistent with sound water management and conservation practice, the Metropolitan Water District of Southern California shall use such capacity and energy to pump available Colorado River water prior to using such capacity and energy to pump California State water project water; and (C) conform to the applicable provisions of subdivison E of the Criteria, commencing at 48 Federal Register 20881, modified as provided in this section. To the extent that said provisions of the Criteria, as so modified, are applicable to contracts entered into under this section, those provisions are hereby ratified. (b) Nothing in the Criteria shall be construed to prejudice any 43 USC 617t. rights conferred by the Boulder Canyon Project Act, as amended and supplemented, on the holder of a contract described in subsection (a) of this section not in default thereunder on September 30, 2017. (c) (1) The Secretary of Energy shall not execute a contract described in subsection (a)(1)(A) of this section with any entity which is a party to the action entitled the “State of Nevada, et al. against the United States of America, et al.” in the United States District Court for the District of Nevada, case numbered CV LV ‘82 441 RDF, unless that entity agrees to file in that action a stipulation for voluntary dismissal with prejudice of its claims, or counterclaims, or crossclaims, as the case may be, and also agrees to file with the Secretary a document releasing the United States, its officers and agents, and all other parties to that action who join in that stipulation from any claims arising out of the disposition under this section of capacity and energy from the Boulder Canyon project. The Attorney General shall join on behalf of the United States, its officers and agents, in any such voluntary dismissal and shall have the authority to approve on behalf of the United States the form of each release. (2) If after a reasonable period of time as determined by the Secretary, the Secretary is precluded from executing a contract with an entity by reason of paragraph (1) of this subsection, the Secretary shall offer the capacity and energy thus available to other entities in the same State eligible to enter into such contracts under section 5 43 USC 617d. of the Boulder Canyon Project Act. (d) The uprating program authorized under section 101(a) of this Act shall be undertaken with funds advanced under contracts made with the Secretary of the Interior by non-Federal purchasers described in subsection (a)(1)(B) of this section. Funding provided by non-Federal purchasers shall be advanced to the Secretary of the Interior pursuant to the terms and conditions of such contracts. (e) Notwithstanding any other provisions of the law, funds advanced by non-Federal purchasers for use in the uprating program shall be deposited in the Colorado River Dam Fund and shall be available for the uprating program. (f) Those amounts advanced by non-Federal purchasers shall be financially integrated as capital costs with other project costs for rate-setting purposes, and shall be returned to those purchasers advancing funds throughout the contract period through credits which include interest costs incurred by such purchasers for funds contributed to the Secretary of the Interior for the uprating program. (g) The provisions of this section constitute an exercise by the Congress of the right reserved by it in section 5(b) of the Boulder Canyon Project Act, as amended and supplemented, to prescribe terms and conditions for the renewal of contracts for electrical energy generated at Hoover Dam. This section constitutes the exclusive method for disposing of capacity and energy from Hoover Dam for the period beginning June 1, 1987, and ending September 30, 2017. (h) (1) Notwithstanding any other provision of law, any claim that the provisions of subsection (a) of this section violates any rights to capacity or energy from the Boulder Canyon project is barred unless the complaint is filed within one year after the date of enactment of this Act in the United States Claims Court which shall have exclusive jurisdiction over this action. Any claim that actions taken by any administrative agency of the United States violates any right under this title or the Boulder 43 USC 617t. 43 USC 618o. Canyon Project Act or the Boulder Canyon Project Adjustment Act is barred unless suit asserting such claim is filed in a Federal court of competent jurisdiction within one year after final refusal of such agency to correct the action complained of. (2) Any contract entered into pursuant to section 105 or section 107 of this Act shall contain provisions by which any dispute or disagreement as to interpretation or performance of the provisions of this title or of applicable regulations or of the contract may be determined by arbitration or court proceedings. The Secretary of Energy or the Secretary of the Interior, as the case may be, if authorized to act for the United States in such arbitration or court proceedings and, except as provided in paragraph (1) of this subsection, jurisdiction is conferred upon any district court of the United States of proper venue to determine the dispute. (i) It is the purpose of subsections (c), (g), and (h) of this section to ensure that the rights of contractors for capacity and energy from the Boulder Canyon project for the period beginning June 1, 1987, and ending September 30, 2017, will vest with certainty and finality.Court of Federal Claims Technical and Procedural Improvements Act of 1992
Pub. L. 102–572 title IX § 902(b)(1) · 106 Stat. 4506
Substituted · 43 U.S.C. § 619a(h)(1)
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.Enacted provision · exact public law section
(1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; andEffective date note
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(a) · 125 Stat. 777
Substituted · 43 U.S.C. § 619a(a)(1)(A)
Pub. L. 112–72, § 2(a), substituted “contract for delivery commencing October 1, 2017” for “renewal contract for delivery commencing June 1, 1987”
Inserted · 43 U.S.C. § 619a(a)(1)(A)
Pub. L. 112–72, § 2(a), inserted Schedule A
Struck · 43 U.S.C. § 619a(a)(1)(A)
Pub. L. 112–72, § 2(a), struck out former Schedule A relating to long term contingent capacity and associated firm energy reserved for renewal contract offers to current Boulder Canyon project contractors
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 112–72, § 2(a), substituted “contract for delivery commencing October 1, 2017” for “renewal contract for delivery commencing June 1, 1987”, inserted Schedule A, and struck out former Schedule A relating to long term contingent capacity and associated firm energy reserved for renewal contract offers to current Boulder Canyon project contractors.Enacted provision · exact public law section
(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 ContractorContingent capacity (kW)Firm energy (thousands of kWh) SummerWinterTotal Metropolitan Water District of Southern California249,948859,163368,212 1,227,375 City of Los Angeles495,732464,108199,175663,283 Southern California Edison Company280,245166,71271,448238,160 City of Glendale18,17845,02819,29764,325 City of Pasadena11,10838,62216,55355,175 City of Burbank5,17614,0706,03020,100 Arizona Power Authority190,869429,582184,107613,689 Colorado River Commission of Nevada190,869429,582184,107613,689 United States, for Boulder City20,19853,20022,80076,000 Totals1,462,3232,500,0671,071,7293,571,796”.Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(b) · 125 Stat. 777
Amended · 43 U.S.C. § 619a(a)(1)(B)
Pub. L. 112–72, § 2(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to contract offers to purchasers in Arizona, Nevada, and California eligible to enter into such contracts under 43 U.S.C. 617d, for delivery commencing June 1, 1987, of capacity resulting from the uprating program and associated firm energy as provided in former Schedule B with certain provisos
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 112–72, § 2(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to contract offers to purchasers in Arizona, Nevada, and California eligible to enter into such contracts under 43 U.S.C. 617d, for delivery commencing June 1, 1987, of capacity resulting from the uprating program and associated firm energy as provided in former Schedule B with certain provisos.Enacted provision · exact public law section
(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: “(B) To Effective date. 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 ContractorContingent capacity (kW)Firm energy (thousands of kWh) SummerWinterTotal City of Glendale2,0202,7491,1943,943 City of Pasadena9,0892,3991,0413,440 City of Burbank15,1493,6041,5665,170 City of Anaheim40,39634,44214,95849,400 City of Azusa4,0393,3121,4384,750 City of Banning2,0201,3245761,900 City of Colton3,0302,6501,1503,800 City of Riverside30,29625,83111,21937,050 City of Vernon22,21818,5468,05426,600 Arizona189,860140,60060,800201,400 Nevada189,860273,600117,800391,400 Totals507,977509,057219,796728,853”.Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(c) · 125 Stat. 777
Substituted · 43 U.S.C. § 619a(a)(1)(C)
Pub. L. 112–72, § 2(c), substituted “October 1, 2017” for “June 1, 1987”
Inserted · 43 U.S.C. § 619a(a)(1)(C)
Pub. L. 112–72, § 2(c), inserted Schedule C
Struck · 43 U.S.C. § 619a(a)(1)(C)
Pub. L. 112–72, § 2(c), struck out former Schedule C relating to excess energy
Source evidence
Code amendment note
Subsec. (a)(1)(C). Pub. L. 112–72, § 2(c), substituted “October 1, 2017” for “June 1, 1987”, inserted Schedule C, and struck out former Schedule C relating to excess energy.Enacted provision · exact public law section
(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 energyState First: Meeting Arizona’s first priority right to delivery of excess energy which is equal in each year of operation 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 accrue at a rate of 200 million kilowatthours per year for each year excess energy in an amount of 200 million 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 Schedule D of subsection (a)(2), not exceeding 26 million kilowatthours in each year of operation.Arizona, Nevada, and California Third: Meeting the energy requirements of the three States, such available excess energy to be divided equally among the States.Arizona, Nevada, and California”.Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(d)(2) · 125 Stat. 777
Redesignated · 43 U.S.C. § 619a(a)(2)
Pub. L. 112–72, § 2(d)(2), added par. (2). Former par. (2) redesignated (3)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 112–72, § 2(d)(2), added par. (2). Former par. (2) redesignated (3).Enacted provision · exact public law section
(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 StateContingent capacity (kW)Firm energy (thousands of kWh) SummerWinterTotal New Entities Allocated by the Secretary of Energy69,170105,63745,376151,013 New Entities Allocated by State Arizona11,51017,5807,53325,113 California11,51017,5807,53325,113 Nevada11,51017,5807,53325,113 Totals103,700158,37767,975226,352 “(B) The Effective date. 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 paragraph (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) Deadline. Effective date. 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 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, respectively. Schedule D contingent capacity and firm energy allocated to federally recognized Indian tribes shall be contracted for directly with Western. “(D) Deadline. Effective date. 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 allocation to new allottees in the State of Nevada; and “(iii) Deadline. 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 accordance 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 Management 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 Deadline. 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 distributed, in the same proportion as those contractors’ allocations of Schedule A and Schedule B contingent capacity and firm energy.” .Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(d)(1) · 125 Stat. 777
Redesignated · 43 U.S.C. § 619a(a)(3)
Pub. L. 112–72, § 2(d)(1), (e), redesignated par. (2) as (3), in first sentence
Substituted · 43 U.S.C. § 619a(a)(3)
Pub. L. 112–72, § 2(d)(1), (e), substituted “paragraphs (1)(A), (1)(B), and (2)” for “schedule A of subsection (a)(1)(A) of this section and schedule B of subsection (a)(1)(B) of this section”, and, in second sentence
Redesignated · 43 U.S.C. § 619a(a)(3)
Pub. L. 112–72, § 2(d)(1), (e), substituted “each year of operation” for “any year of operation” in two places, “Schedule C” for “schedule C”, and “Schedules A, B, and D” for “schedules A and B”. Former par. (3) redesignated (4)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 112–72, § 2(d)(1), (e), redesignated par. (2) as (3), in first sentence, substituted “paragraphs (1)(A), (1)(B), and (2)” for “schedule A of subsection (a)(1)(A) of this section and schedule B of subsection (a)(1)(B) of this section”, and, in second sentence, substituted “each year of operation” for “any year of operation” in two places, “Schedule C” for “schedule C”, and “Schedules A, B, and D” for “schedules A and B”. Former par. (3) redesignated (4).Enacted provision · exact public law section
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; andHoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(d)(1) · 125 Stat. 777
Redesignated · 43 U.S.C. § 619a(a)(4)
Pub. L. 112–72, § 2(d)(1), (f), redesignated par. (3) as (4)
Redesignated · 43 U.S.C. § 619a(a)(4)
Pub. L. 112–72, § 2(d)(1), (f), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Subdivision E of the ‘General Consolidated Power Marketing Criteria or Regulations for Boulder City Area Projects’ published in the Federal Register May 9, 1983 (48 Federal Register commencing at 20881), hereinafter referred to as the ‘Criteria’ or as the ‘Regulations’ shall be deemed to have been modified to conform to this section. The Secretary of Energy shall cause to be included in the Federal Register a notice conforming the text of said Regulations to such modifications.” Former par. (4) redesignated (5)
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 112–72, § 2(d)(1), (f), redesignated par. (3) as (4) and amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Subdivision E of the ‘General Consolidated Power Marketing Criteria or Regulations for Boulder City Area Projects’ published in the Federal Register May 9, 1983 (48 Federal Register commencing at 20881), hereinafter referred to as the ‘Criteria’ or as the ‘Regulations’ shall be deemed to have been modified to conform to this section. The Secretary of Energy shall cause to be included in the Federal Register a notice conforming the text of said Regulations to such modifications.” Former par. (4) redesignated (5).Enacted provision · exact public law section
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; andHoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(d)(1) · 125 Stat. 777
Redesignated · 43 U.S.C. § 619a(a)(5)
Pub. L. 112–72, § 2(d)(1), redesignated par. (4) as (5)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 112–72, § 2(d)(1), redesignated par. (4) as (5).Enacted provision · exact public law section
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; andHoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(g)(1) · 125 Stat. 777
Added · 43 U.S.C. § 619a(a)(5)(A)
Pub. L. 112–72, § 2(g)(1), added subpar. (A)
Struck · 43 U.S.C. § 619a(a)(5)(A)
Pub. L. 112–72, § 2(g)(1), struck out former subpar. (A) which read as follows: “expire September 30, 2017;”
Source evidence
Code amendment note
Subsec. (a)(5)(A). Pub. L. 112–72, § 2(g)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “expire September 30, 2017;”.Enacted provision · exact public law section
(1) by striking subparagraph (A) and inserting the following: “(A) in accordance with section 5(a) of the Boulder Canyon Project Act (43 U.S.C. 617d(a)), expire September 30, 2067;” ;Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(g)(2) · 125 Stat. 777
Substituted · 43 U.S.C. § 619a(a)(5)(B)
Pub. L. 112–72, § 2(g)(2), substituted “shall allocate” for “shall use”
Struck · 43 U.S.C. § 619a(a)(5)(B)
Pub. L. 112–72, § 2(g)(2), struck out “and” after semicolon
Source evidence
Code amendment note
Subsec. (a)(5)(B). Pub. L. 112–72, § 2(g)(2), substituted “shall allocate” for “shall use” and struck out “and” after semicolon.Enacted provision · exact public law section
(2) in the proviso of subparagraph (B)— (A) by striking “shall use” and inserting “shall allocate”; and (B) by striking “and” after the semicolon at the end;Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(g)(3) · 125 Stat. 777
Added · 43 U.S.C. § 619a(a)(5)(D)(F)
Pub. L. 112–72, § 2(g)(3), (4), added subpars. (D) to (F)
Source evidence
Code amendment note
Subsec. (a)(5)(D) to (F). Pub. L. 112–72, § 2(g)(3), (4), added subpars. (D) to (F).Enacted provision · exact public law section
(3) in subparagraph (C), by striking the period at the end and inserting a semicolon; andHoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(h) · 125 Stat. 777
Substituted · 43 U.S.C. § 619a(b)
Pub. L. 112–72, § 2(h), substituted “2067” for “2017”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 112–72, § 2(h), substituted “2067” for “2017”.Enacted provision · exact public law section
(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”.Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(i) · 125 Stat. 777
Amended · 43 U.S.C. § 619a(c)
Pub. L. 112–72, § 2(i), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to execution of contract with parties to certain litigation and offer of contract to other entities
Source evidence
Code amendment note
Subsec. (c). Pub. L. 112–72, § 2(i), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to execution of contract with parties to certain litigation and offer of contract to other entities.Enacted provision · exact public law section
(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 section, and last to other entities which receive contingent capacity and firm energy under subsection (a)(2) of this section.” .Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(j) · 125 Stat. 777
Amended · 43 U.S.C. § 619a(d)
Pub. L. 112–72, § 2(j), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The uprating program authorized under section 619(a) of this title shall be undertaken with funds advanced under contracts made with the Secretary of the Interior by non-Federal purchasers described in subsection (a)(1)(B) of this section. Funding provided by non-Federal purchasers shall be advanced to the Secretary of the Interior pursuant to the terms and conditions of such contracts.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–72, § 2(j), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The uprating program authorized under section 619(a) of this title shall be undertaken with funds advanced under contracts made with the Secretary of the Interior by non-Federal purchasers described in subsection (a)(1)(B) of this section. Funding provided by non-Federal purchasers shall be advanced to the Secretary of the Interior pursuant to the terms and conditions of such contracts.”Enacted provision · exact public law 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 purchased 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 pursuant 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 obligations.” .Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2 · 125 Stat. 777
Struck · 43 U.S.C. § 619a(e)
Pub. L. 112–72, § 2(l), struck out “the renewal of” before “contracts for electrical energy” in first sentence
Substituted · 43 U.S.C. § 619a(e)
Pub. L. 112–72, § 2(l), substituted “October 1, 2017, and ending September 30, 2067” for “June 1, 1987, and ending September 30, 2017” in second sentence
Source evidence
Code amendment note
Subsec. (e). Pub. L. 112–72, § 2(l), struck out “the renewal of” before “contracts for electrical energy” in first sentence and substituted “October 1, 2017, and ending September 30, 2067” for “June 1, 1987, and ending September 30, 2017” in second sentence.Enacted provision · exact public law section
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 ContractorContingent capacity (kW)Firm energy (thousands of kWh) SummerWinterTotal Metropolitan Water District of Southern California249,948859,163368,212 1,227,375 City of Los Angeles495,732464,108199,175663,283 Southern California Edison Company280,245166,71271,448238,160 City of Glendale18,17845,02819,29764,325 City of Pasadena11,10838,62216,55355,175 City of Burbank5,17614,0706,03020,100 Arizona Power Authority190,869429,582184,107613,689 Colorado River Commission of Nevada190,869429,582184,107613,689 United States, for Boulder City20,19853,20022,80076,000 Totals1,462,3232,500,0671,071,7293,571,796”. (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: “(B) To Effective date. 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 ContractorContingent capacity (kW)Firm energy (thousands of kWh) SummerWinterTotal City of Glendale2,0202,7491,1943,943 City of Pasadena9,0892,3991,0413,440 City of Burbank15,1493,6041,5665,170 City of Anaheim40,39634,44214,95849,400 City of Azusa4,0393,3121,4384,750 City of Banning2,0201,3245761,900 City of Colton3,0302,6501,1503,800 City of Riverside30,29625,83111,21937,050 City of Vernon22,21818,5468,05426,600 Arizona189,860140,60060,800201,400 Nevada189,860273,600117,800391,400 Totals507,977509,057219,796728,853”. (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 energyState First: Meeting Arizona’s first priority right to delivery of excess energy which is equal in each year of operation 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 accrue at a rate of 200 million kilowatthours per year for each year excess energy in an amount of 200 million 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 Schedule D of subsection (a)(2), not exceeding 26 million kilowatthours in each year of operation.Arizona, Nevada, and California Third: Meeting the energy requirements of the three States, such available excess energy to be divided equally among the States.Arizona, Nevada, and California”. (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 paragraphs (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 StateContingent capacity (kW)Firm energy (thousands of kWh) SummerWinterTotal New Entities Allocated by the Secretary of Energy69,170105,63745,376151,013 New Entities Allocated by State Arizona11,51017,5807,53325,113 California11,51017,5807,53325,113 Nevada11,51017,5807,53325,113 Totals103,700158,37767,975226,352 “(B) The Effective date. 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 paragraph (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) Deadline. Effective date. 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 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, respectively. Schedule D contingent capacity and firm energy allocated to federally recognized Indian tribes shall be contracted for directly with Western. “(D) Deadline. Effective date. 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 allocation to new allottees in the State of Nevada; and “(iii) Deadline. 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 accordance 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 Management 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 Deadline. 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 distributed, 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 redesignated by subsection (d)(1)) is amended— (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 Federal Register, publication. Notice. 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 following: “(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 allocate”; 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 operator; 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 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 purchased 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 pursuant 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 obligations.” . (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 subsections (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 redesignated 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 Purpose.— 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”.Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(k) · 125 Stat. 777
Redesignated · 43 U.S.C. § 619a(e)
Pub. L. 112–72, § 2(k), redesignated subsec. (g) as (e)
Struck · 43 U.S.C. § 619a(e)
Pub. L. 112–72, § 2(k), struck out former subsec. (e) which read as follows: “Notwithstanding any other provisions of the law, funds advanced by non-Federal purchasers for use in the uprating program shall be deposited in the Colorado River Dam Fund and shall be available for the uprating program.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–72, § 2(k), redesignated subsec. (g) as (e) and struck out former subsec. (e) which read as follows: “Notwithstanding any other provisions of the law, funds advanced by non-Federal purchasers for use in the uprating program shall be deposited in the Colorado River Dam Fund and shall be available for the uprating program.”Enacted provision · exact public law section
(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 subsections (e), (f), and (g), respectively.Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(k) · 125 Stat. 777
Redesignated · 43 U.S.C. § 619a(f)
Pub. L. 112–72, § 2(k), redesignated subsec. (h) as (f)
Struck · 43 U.S.C. § 619a(f)
Pub. L. 112–72, § 2(k), struck out former subsec. (f) which read as follows: “Those amounts advanced by non-Federal purchasers shall be financially integrated as capital costs with other project costs for rate-setting purposes, and shall be returned to those purchasers advancing funds throughout the contract period through credits which include interest costs incurred by such purchasers for funds contributed to the Secretary of the Interior for the uprating program.”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 112–72, § 2(k), redesignated subsec. (h) as (f) and struck out former subsec. (f) which read as follows: “Those amounts advanced by non-Federal purchasers shall be financially integrated as capital costs with other project costs for rate-setting purposes, and shall be returned to those purchasers advancing funds throughout the contract period through credits which include interest costs incurred by such purchasers for funds contributed to the Secretary of the Interior for the uprating program.”Enacted provision · exact public law section
(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 subsections (e), (f), and (g), respectively.Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(m) · 125 Stat. 777
Substituted · 43 U.S.C. § 619a(f)(1)
Pub. L. 112–72, § 2(m), substituted “December 20, 2011” for “August 17, 1984” in first sentence
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 112–72, § 2(m), substituted “December 20, 2011” for “August 17, 1984” in first sentence.Enacted provision · exact public law section
(m) Court Challenges.— Subsection (f)(1) of section 105 of the Hoover Power Plant Act of 1984 (43 U.S.C. 619a) (as redesignated by subsection (k)(2)) is amended in the first sentence by striking “this Act” and inserting “the Hoover Power Allocation Act of 2011”.Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(n) · 125 Stat. 777
Substituted · 43 U.S.C. § 619a(g)
Pub. L. 112–72, § 2(n), substituted “this subchapter” for “subsections (c), (g), and (h) of this section”
Substituted · 43 U.S.C. § 619a(g)
Pub. L. 112–72, § 2(n), substituted “October 1, 2017, and ending September 30, 2067” for “June 1, 1987, and ending September 30, 2017”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 112–72, § 2(n), substituted “this subchapter” for “subsections (c), (g), and (h) of this section” and “October 1, 2017, and ending September 30, 2067” for “June 1, 1987, and ending September 30, 2017”.Enacted provision · exact public law section
(n) Reaffirmation of Congressional Declaration of Purpose.— 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”.Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(k)(2) · 125 Stat. 777
Redesignated · 43 U.S.C. § 619a(g)
Pub. L. 112–72, § 2(k)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (e)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–72, § 2(k)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (e).Enacted provision · exact public law section
(2) by redesignating subsections (g), (h), and (i) as subsections (e), (f), and (g), respectively.Hoover Power Allocation Act of 2011
Pub. L. 112–72 § 2(k)(2) · 125 Stat. 777
Redesignated · 43 U.S.C. § 619a(h); 43 U.S.C. § 619a(i)
Pub. L. 112–72, § 2(k)(2), redesignated subsecs. (h) and (i) as (f) and (g), respectively
Source evidence
Code amendment note
Subsecs. (h), (i). Pub. L. 112–72, § 2(k)(2), redesignated subsecs. (h) and (i) as (f) and (g), respectively.Enacted provision · exact public law section
(2) by redesignating subsections (g), (h), and (i) as subsections (e), (f), and (g), respectively.
35 of 35 references resolved to an enrolled provision
Editorial Notes
References in Text
This subchapter, referred to in subsecs. (a)(2)(A), (5)(F), (f), and (g), was in the original “this Act”, meaning Pub. L. 98–381, , 98 Stat. 1333, which enacted this subchapter and sections 7274 and 7275 of Title 42, and amended sections 617a, 617b, 618, 618a, 618e, 618k, and 1543 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 619 of this title and Tables.
The Hoover Power Allocation Act of 2011, referred to in subsec. (a)(2)(A) and (4), is Pub. L. 112–72, , 125 Stat. 777, which amended this section and enacted provisions set out as a note under section 619 of this title. For complete classification of this Act to the Code, see Short Title of 2011 Amendment note set out under section 619 of this title and Tables.
The Boulder Canyon Project Act, referred to in subsecs. (b) and (f)(1), is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, which is classified generally to subchapter I (§ 617 et seq.) of this chapter. For complete classification of this Act to the Code, see section 617t of this title and Tables.
The Boulder Canyon Project Adjustment Act, referred to in subsec. (f)(1), is act July 19, 1940, ch. 643, 54 Stat. 774, which is classified generally to subchapter II (§ 618 et seq.) of this chapter. For complete classification of this Act to the Code, see section 618o of this title and Tables.
Section 107 of this Act, referred to in subsec. (f)(2), is section 107 of Pub. L. 98–381, which is set out as a note under section 7133 of Title 42, The Public Health and Welfare.
Amendments1992–2011 · 2 rounds
2011
Subsec. (a)(1)(A). Pub. L. 112–72, § 2(a), substituted “contract for delivery commencing ” for “renewal contract for delivery commencing ”, inserted Schedule A, and struck out former Schedule A relating to long term contingent capacity and associated firm energy reserved for renewal contract offers to current Boulder Canyon project contractors.
Subsec. (a)(1)(B). Pub. L. 112–72, § 2(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to contract offers to purchasers in Arizona, Nevada, and California eligible to enter into such contracts under 43 U.S.C. 617d, for delivery commencing , of capacity resulting from the uprating program and associated firm energy as provided in former Schedule B with certain provisos.
Subsec. (a)(1)(C). Pub. L. 112–72, § 2(c), substituted “” for “”, inserted Schedule C, and struck out former Schedule C relating to excess energy.
Subsec. (a)(2). Pub. L. 112–72, § 2(d)(2), added par. (2). Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 112–72, § 2(d)(1), (e), redesignated par. (2) as (3), in first sentence, substituted “paragraphs (1)(A), (1)(B), and (2)” for “schedule A of subsection (a)(1)(A) of this section and schedule B of subsection (a)(1)(B) of this section”, and, in second sentence, substituted “each year of operation” for “any year of operation” in two places, “Schedule C” for “schedule C”, and “Schedules A, B, and D” for “schedules A and B”. Former par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 112–72, § 2(d)(1), (f), redesignated par. (3) as (4) and amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Subdivision E of the ‘General Consolidated Power Marketing Criteria or Regulations for Boulder City Area Projects’ published in the Federal Register (48 Federal Register commencing at 20881), hereinafter referred to as the ‘Criteria’ or as the ‘Regulations’ shall be deemed to have been modified to conform to this section. The Secretary of Energy shall cause to be included in the Federal Register a notice conforming the text of said Regulations to such modifications.” Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 112–72, § 2(d)(1), redesignated par. (4) as (5).
Subsec. (a)(5)(A). Pub. L. 112–72, § 2(g)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “expire ;”.
Subsec. (a)(5)(B). Pub. L. 112–72, § 2(g)(2), substituted “shall allocate” for “shall use” and struck out “and” after semicolon.
Subsec. (a)(5)(D) to (F). Pub. L. 112–72, § 2(g)(3), (4), added subpars. (D) to (F).
Subsec. (b). Pub. L. 112–72, § 2(h), substituted “2067” for “2017”.
Subsec. (c). Pub. L. 112–72, § 2(i), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to execution of contract with parties to certain litigation and offer of contract to other entities.
Subsec. (d). Pub. L. 112–72, § 2(j), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The uprating program authorized under section 619(a) of this title shall be undertaken with funds advanced under contracts made with the Secretary of the Interior by non-Federal purchasers described in subsection (a)(1)(B) of this section. Funding provided by non-Federal purchasers shall be advanced to the Secretary of the Interior pursuant to the terms and conditions of such contracts.”
Subsec. (e). Pub. L. 112–72, § 2(l), struck out “the renewal of” before “contracts for electrical energy” in first sentence and substituted “, and ending ” for “, and ending ” in second sentence.
Pub. L. 112–72, § 2(k), redesignated subsec. (g) as (e) and struck out former subsec. (e) which read as follows: “Notwithstanding any other provisions of the law, funds advanced by non-Federal purchasers for use in the uprating program shall be deposited in the Colorado River Dam Fund and shall be available for the uprating program.”
Subsec. (f). Pub. L. 112–72, § 2(k), redesignated subsec. (h) as (f) and struck out former subsec. (f) which read as follows: “Those amounts advanced by non-Federal purchasers shall be financially integrated as capital costs with other project costs for rate-setting purposes, and shall be returned to those purchasers advancing funds throughout the contract period through credits which include interest costs incurred by such purchasers for funds contributed to the Secretary of the Interior for the uprating program.”
Subsec. (f)(1). Pub. L. 112–72, § 2(m), substituted “” for “” in first sentence.
Subsec. (g). Pub. L. 112–72, § 2(n), substituted “this subchapter” for “subsections (c), (g), and (h) of this section” and “, and ending ” for “, and ending ”.
Pub. L. 112–72, § 2(k)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (e).
Subsecs. (h), (i). Pub. L. 112–72, § 2(k)(2), redesignated subsecs. (h) and (i) as (f) and (g), respectively.
1992
Subsec. (h)(1). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective , see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Credits
1984–2011 · 3 acts
- 1984Pub. L. 98–381, title I, § 105, , 98 Stat. 1335
- 1992Pub. L. 102–572, title IX, § 902(b)(1), , 106 Stat. 4516
- 2011Pub. L. 112–72, § 2, , 125 Stat. 777.
Show as published
(Pub. L. 98–381, title I, § 105, , 98 Stat. 1335; Pub. L. 102–572, title IX, § 902(b)(1), , 106 Stat. 4516; Pub. L. 112–72, § 2, , 125 Stat. 777.)