Page:United States Statutes at Large Volume 105 Part 2.djvu/776

 105 STAT. 1728 PUBLIC LAW 102-231—DEC. 12, 1991 C!ontract8. SEC. 7. FEDERAL POWER REALLOCATION. (a) REALLOCATION OF RESOURCES.—Upon the request of the Secretary, the Secretary of Energy shall enter into such agreements as are necessary to reallocate SCIP's allocation of Federal power resources—capacity and energy—as provided in this section. (b) SUCCESSORS IN INTEREST.— The Secretary of Energy shall treat GRIG, SGIDD, and SCAT as successors in interest to SCIP in reallocating SGIP's allocation of capacity and energy from the Parker-Davis Project (the two projects consolidated by the Act of May 28, 1954 (Chapter 241; 68 Stat. 143)) and the Colorado River Storage Project (43 U.S.G. 620 et seq.), including capacity and energy available pursuant to the Memorandum of Understanding numbered 14-06 -300 -2632 and Memorandum of Understanding numbered DE-MS65-80WP 39041 between the Western Area Power Administration, Department of Energy, and the Bureau of Indian Affairs, Department of the Interior, and any other agreement to provide preference power to SCIP prior to December 31, 1992. (c) PROPORTIONS ASSIGNED.— The SCIP allocations of winter and summer capacity and energy shall be assigned to GRIG, SGIDD, and SCAT in accordance with the proportions set forth in the table included in the report of the Senate Select Committee on Indian Affairs on this Act. (d) RATES. — Preference power—capacity and energy—shall be delivered to GRIG, SCAT, and SGIDD pursuant to the allocations provided for in this section at the rate established for preference power as determined in accordance with ratemaking procedures established by the Department of Energy. (e) BOULDER CANYON PROJECT. —The Bureau of Indian Affairs shall assign its contract with the Arizona Power Authority for capacity and energy from the Boulder Canyon Project (43 U.S.C. 617 et seq.; 45 Stat. 1057) in accordance with the proportions referred to in subsection (c) and the Secretary shall request the Arizona Power Authority to take all necessary actions required to effectuate such assignment in accordance with the contract dated as of September 15, 1986, between the Arizona Power Authority and the SCIP. Contracts. (f) LONG-TERM POWER SUPPLY; RATES.— The Secretary shall enter into an agreement with GRIG and SGIDD to provide a long-term power supply to the irrigation wells and pumps installed by SCIP to provide water to SCIP lands on and off the lands of GRIG. The rate for the electricity supplied by GRIG and SCIDD shall be based on the average cost per kilowatt hour for power purchased by GRIG and SGIDD from the Parker-Davis Project and marketed by the Western Area Power Administration, plus an allowance for the cost of operating and maintaining the transmission and distribution systems of GRIG and SCIDD, including administrative costs and reserves, as long as such power is made available to GRIG and SCIDD in quantities sufficient to meet SCIP's pumping requirements. The rate shall be reviewed and adjusted annually to reflect any changes in the average cost of power purchased by the Parker-Davis Project and the actual costs incurred by GRIG and SGIDD to operate and maintain the transmission and distribution systems. SEC. 8. FEDERAL EMPLOYEES. (a) ELECTION TO CONTINUE CERTAIN BENEFITS.— Any Federal employee at SCIP whose position is terminated by reason of this Act who, within thirty days of such termination, is employed by the San Carlos Apache Tribal Utility Authority or the Gila River Indian

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