Hydropower Program
Significant Legislation and Legal Opinions Affecting Reclamation's Power Program
The basic policies governing Reclamation's power utilization activities are set forth in a large number of laws relating to electrical power activities. Some of these acts relate specifically to the Bureau of Reclamation. The others serve equally to establish the general policy for all Federal agencies and in the administration of power programs. The most important of these Acts are as follows:
Date | Law/Opinion | Purpose |
---|---|---|
1902 | Reclamation Act | Authorized Secretary of the Interior to develop irrigation and hydropower projects in the 17 Western States |
1906 | Town Sites and Power Development Act | Authorized Secretary of the Interior to lease surplus power or power privileges |
1914 | Reclamation Extension Act | Notes of Opinion clarify that in making repairs and replacements chargeable to "operation and maintenance" the government is not limited to preserving the status quo, but may, in the exercise of sound discretion, utilize materials or equipment of an improved type or design. |
1920 | Federal Water Power Act | Regulated hydroelectric development of navigable waterways |
1928 | Boulder Canyon Project Act | Authorized construction of Hoover Dam |
1935 | Rivers and Harbors Act | Authorized Grand Coulee Dam for construction |
1937 | Bonneville Project Act | Created BPA (Bonneville Power Administration) |
1939 | Reclamation Project Act | Extended the contract term to 40 years for sale of power or lease of power privileges, giving preference to public entities |
1944 | Flood Control Act | Authorized Secretary of the Interior to market power from U.S. Army Corps of Engineers projects and authorized the Pick-Sloan Missouri Basin Program |
1968 | Wild and Scenic Rivers Act | Protects rivers in their natural state by excluding them from consideration as hydroelectric power sites. |
1969 | National Environmental Policy Act | Ensures that environmental considerations are systematically taken into account by Federal agencies |
1973 | Endangered Species Act | Protects listed endangered species and their critical habitat |
1974 | Federal Columbia River Transmission System Act | Authorized BPA to issue revenue bonds |
1974 | Fish and Wildlife Coordination Act | Ensures equal consideration of fish and wildlife protection in the activities of Federal agencies |
1977 | Department of Energy Organization Act | Transferred existing Power Marketing Administrations to the Department of Energy and created Western Area Power Administration |
1977 | Clean Water Act, Sections 401 and 404 | Ensured Federal and non-federal compliance with state water quality standards and regulates water quality impacts of dredging and filling |
1978 | Public Utility Regulatory Policies Act | Encourages small-scale power production facilities; exempted certain hydroelectric projects from Federal licensing requirements, and required utilities to purchase - at "avoided cost" rates - power from small production facilities that use renewable resources |
1980 | Energy Security Act | Exempted small-scale hydroelectric power from some licensing requirements |
1980 | Pacific Northwest Electric Power Planning and Conservation Act | Authorized BPA to plan for and acquire additional power resources |
1980 | Crude Oil Windfall Profit Tax | Provided tax incentives to small-scale hydropower producers |
1984 | Hoover Powerplant Act | Allocated post-1987 Hoover power and authorized Hoover Powerplant uprating |
1986 | Electric Consumers Protection Act | Amended the Federal Power Act to remove public preference for relicensing actions; gives equal consideration to non-power values e.g., energy conservation, fish, wildlife, recreation, etc.) as well as to power values when making license decisions |
1992 | Energy Policy Act of 1992 | An act to provide for improved energy efficiency. Includes provisions to allow for greater competition in energy sales and amendments to section 211 of the Federal Power Act. |
2013 | Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act | An act to authorize all Bureau of Reclamation conduit facilities for hydropower development under Federal Reclamation law, and for other purposes. |
2014 | Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 | Section 3087 of Act authorizes the Secretary of the Interior to lease power privileges at projects constructed pursuant to the Water Conservation and Utilization Act |
See also: Reclamation's Searchable Phone Book and Office Addresses List