Sec. 8. St. Mary Canal hydroelectric power generation
443 words·~2 min read·
/bill/114/s/1125/is/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to paragraph
(2)and notwithstanding any other provision of law, if the St. Mary Unit is rehabilitated, the Tribe shall have the exclusive right to develop and market hydroelectric power of the St. Mary Unit. The exclusive right described in paragraph (1)— shall expire 15 years after the date of enactment of an Act appropriating funds for the rehabilitation described in that paragraph; and may be extended by the Secretary at the request of the Tribe. Beginning on the date that is 10 years after the date on which the Tribe begins marketing hydroelectric power generated from the St. Mary Unit to third parties, the Tribe shall make annual payments for operation, maintenance, and replacement costs attributable to the direct use of any facilities by the Tribe for hydroelectric power generation in amounts determined in accordance with the guidelines and methods of the Bureau of Reclamation for assessing operation, maintenance, and replacement charges. The Commissioner of Reclamation shall have exclusive jurisdiction to authorize development of hydropower on the St. Mary Unit. The Commissioner of Reclamation shall cooperate with the Tribe in the development of any hydroelectric power generation project under this section. Before construction of a hydroelectric power generation project under this section, the Tribe shall enter into an agreement with the Commissioner of Reclamation that includes provisions requiring that— the design, construction, and operation of the project shall be consistent with the Bureau of Reclamation guidelines and methods for hydroelectric power development at Bureau facilities, as appropriate; and the hydroelectric power generation project shall be consistent with the operations of the Milk River Project, including agreements— regarding operating criteria and emergency procedures; and under which any modification proposed by the Tribe to a facility owned by the Bureau of Reclamation shall be subject to review and approval by the Secretary, acting through the Commissioner of Reclamation. Any hydroelectric power generated in accordance with this section shall be used or marketed by the Tribe. The Tribe shall collect and retain any revenues from the sale of hydroelectric power generated by a project under this section. The United States shall have no obligation to monitor, administer, or account for— any revenues received by the Tribe under this section; or the expenditure of such revenues. For any period for which the exclusive right of the Tribe described in subsection (a)(1) is not in effect, including any period before the enforceability date, the Tribe shall have a preference to develop hydropower on the St. Mary Unit facilities in the same manner as States and municipalities under section 7(a) of the Federal Power Act ( 16 U.S.C. 800(a) ) or any other applicable law or regulation.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 8
St. Mary Canal hydroelectric power generation
Cites 1Cited by 0 across 0 sources