What changed between these versions
A substantive amendment, v2 introduces a formal heading for subsection 9(c) and significantly modifies paragraph (6) of the Reclamation Project Act of 1939. These modifications expand the scope of non-Federal hydropower activities to include management of specially authorized facilities and elevate the priority of hydropower generation from "incidental" to "secondary" to other project purposes.
Overview
A handful of targeted changes. · v2 clarifies the subsection's structure and expands the scope and priority of non-Federal hydropower development.
The most significant change in v2 is the recharacterization of hydropower generation from "incidental to" to "secondary to" other project purposes within Section 9(c)(6), indicating an elevated priority. Additionally, v2 explicitly includes the "management of Bureau of Reclamation facilities specially authorized for hydropower generation" within the scope of non-Federal development. The initial structural amendments to subsection 9(c) are also revised, with v2 introducing a formal heading instead of v1's proposed renumbering scheme.
Major additions
V2 adds the phrase ", or the management of Bureau of Reclamation facilities specially authorized for hydropower generation" to paragraph (6) of Section 9(c) of the Reclamation Project Act of 1939.
This addition explicitly includes the management of specially authorized facilities under the umbrella of non-Federal hydropower development, potentially expanding opportunities for private entities to operate and maintain such facilities. This could lead to more efficient use of existing infrastructure for power generation.
Deletions
V1 included an instruction to strike "No contract relating to municipal water supply" and insert "(1) No contract relating to municipal water supply" within Section 9(c) of the Reclamation Project Act of 1939. This would have renumbered that clause as paragraph (1).
The deletion of this instruction in v2 means that the clause "No contract relating to municipal water supply" is not renumbered to paragraph (1) as proposed in v1. This maintains the original or a different numbering scheme for that specific provision, avoiding the reordering of primary clauses that v1 would have introduced.
Modifications
The change provides a clearer organizational structure for subsection 9(c) by adding a descriptive heading, which improves readability and understanding of the section's scope. It also avoids the potential confusion of v1's renumbering which would have made a sub-clause the new paragraph (1).
Before
V1 removed the (1) designation from the initial sentence of subsection 9(c) and then renumbered a subsequent clause ("No contract relating to municipal water supply") as paragraph (1).
After
V2 strikes the entire subsection (c) designation and replaces it with a new, descriptive heading: "(c) Furnishing Water to Municipalities; Sale of Electric Power; Lease of Power Privileges.--". V2 does not renumber the "No contract relating to municipal water supply" clause to paragraph (1).
This modification elevates the status of hydropower generation within Bureau of Reclamation projects. While still not primary, being "secondary" suggests it must be given more deliberate consideration and integration into project planning and operation, potentially leading to increased hydropower development where feasible without impairing primary purposes. This could benefit non-Federal hydropower developers by giving their projects more weight in decision-making.
Before
V1 did not modify the phrase "shall be deemed incidental to" within paragraph (6) of Section 9(c). This meant hydropower generation was considered a secondary, less important purpose.
After
V2 strikes "shall be deemed incidental to" and inserts "shall be deemed secondary to" within paragraph (6) of Section 9(c).
Scope
Meaningful expansion or narrowing — Changes are concentrated in the initial structural elements of Section 2 and a specific paragraph (paragraph 6) within the amendments to the Reclamation Project Act. — V2 represents a meaningful refinement and expansion of the policy direction, particularly by elevating the priority of hydropower generation and explicitly including management of facilities. — The changes primarily affect the interpretation and implementation of non-Federal hydropower development within Bureau of Reclamation projects, particularly concerning the prioritization of hydropower and the types of facilities covered.
Impact analysis
Non-Federal entities interested in hydropower development on Bureau of Reclamation projects
Gains. These entities gain expanded opportunities and a more favorable policy environment for developing and managing hydropower projects.
V2 explicitly includes the management of specially authorized facilities and elevates the priority of hydropower generation from "incidental" to "secondary" to other project purposes.
Bureau of Reclamation project managers and decision-makers
Procedural change/Increased responsibility. They must now give greater, though still subordinate, weight to hydropower generation in their decision-making processes.
V2 requires them to consider hydropower generation as "secondary" rather than "incidental" to primary project purposes, and to account for the management of specially authorized facilities in non-Federal development.