PUBLIC LAW 103-434—OCT. 31, 1994
TITLE XI—MANCOS PROJECT
SEC. 1101. SHORT TITLE.
108 STAT. 4549
Mancos Project
Private Power
Development
Authorization
Act of 1994.
This title may be cited as the "Mancos Project Private Power
Development Authorization Act of 1994".
SEC. 1102. FINDINGS.
Congress finds that—
(a) development of hydroelectric power at the Mancos
Project consistent with the Feasibility Report and Engineering
and Construction Report for the Jackson Gulch Reservoir
Hydroelectric Project dated April 19, 1991, and revised on May
13, 1992, and February 10, 1993, by the Mancos Water Conservancy District—
(1) will be without cost to the United States;
(2) will not impair the efficiency of the project for
irrigation purposes;
(3) will not alter the volume, timing or temperatures
of flows from the reservoir; and
(4) is not likely to cause any new or increased adverse
impacts to any federally listed or candidate species;
(b) that the Memcos Water Conservancy District is currently
operating and maintaining facilities at the Mancos Project and
that the development of hydroelectric power at the Mancos
Project consistent with the Feasibility Report and Engineering
and Construction Report for the Jackson Gulch Reservoir
Hydroelectric Project dated April 19, 1991, revised on May
13, 1992, and February 10, 1993, by the Mancos Water Conservancy District will not increase operation and maintenance
costs of the Federal (Government; and
(c) that any lease of power privileges issued by the Secretary pursuant to this title does not constitute a "contract"
under section 202(1) of Public Law 97-293 (96 Stat. 1261;
43 U.S.C. section 390bb) and that nothing in this title is
intended to make applicable any section of Public Law 97-
293 (96 Stat. 1261; 43 U.S.C. section 390aa et. seq.) that
would not previously apply.
SEC. 1103. AUTHORIZATION TO LEASE POWER PRIVILEGES.
Notwithstanding the provisions of the Water Conservation and
Utilization Act (16 U.S.C. sections 590y-590z-ll) or any relevant
provision of the repayment contract Ilr-384, dated July 20, 1942,
as amended December 22, 1947, the Secretary is authorized to
enter into a lease of power privileges at the Mancos Project, Colorado, with the Mancos Water Conservancy District.
SEC. 1104. LEASE CONDITIONS.
Any such lease of power privileges issued pursuant to section
1103 of this title shall not exceed a period of forty years and
shall be consistent with rates charged by the Federal Energy Regulatory Commission for comparable sized projects. Moneys derived
from such lease shall be covered into the reclamation fund in
accordance with relevant parts of Federal reclamation law, the
Act of June 17, 1902, and Acts supplementary thereto and amendatory thereof (43 U.S.C. 371).
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