Page:United States Statutes at Large Volume 108 Part 5.djvu/1059

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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).