Bill Summary
The Water Supply Infrastructure Rehabilitation and Utilization Act aims to improve the management and maintenance of public land and water infrastructure in the United States. This bill amends previous legislation to establish an Aging Infrastructure Account, provide additional funding for the Reclamation Safety of Dams Act, and create a pilot project to review flood control rule curves within the Bureau of Reclamation. The Aging Infrastructure Account will provide funds for extraordinary operation and maintenance work at project facilities, with the requirement that the borrowed funds be repaid by the transferred works operating entity or project beneficiary responsible for reimbursement costs. The bill also authorizes additional funding for the Reclamation Safety of Dams Act and establishes a pilot project to adjust flood control rule curves for eligible works. The pilot project will be in effect for 15 years and will involve consultations between various parties, including responsible parties and federal agencies.
Possible Impacts
1. The establishment of the Aging Infrastructure Account could provide additional funds and extended repayment options for projects related to water supply infrastructure. This could benefit people living in communities that rely on these infrastructure projects for clean drinking water and other essential services.
2. The review of flood control rule curves pilot project could potentially impact people living in areas prone to flooding. By adjusting the flood control rule curves, there could be changes in reservoir levels and water releases that could affect downstream communities and their flood risk.
3. The authorization of appropriations for the Reclamation Safety of Dams Act could help fund necessary repairs and improvements to dams, which could impact the safety and well-being of people living in areas downstream from these structures.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4659 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4659
To amend the Omnibus Public Land Management Act of 2009 to establish an
Aging Infrastructure Account, to amend the Reclamation Safety of Dams
Act of 1978 to provide additional funds under that Act, to establish a
review of flood control rule curves pilot project within the Bureau of
Reclamation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 11, 2019
Mr. Newhouse (for himself, Mr. Amodei, and Ms. Schrier) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Omnibus Public Land Management Act of 2009 to establish an
Aging Infrastructure Account, to amend the Reclamation Safety of Dams
Act of 1978 to provide additional funds under that Act, to establish a
review of flood control rule curves pilot project within the Bureau of
Reclamation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Supply Infrastructure
Rehabilitation and Utilization Act''.
SEC. 2. AGING INFRASTRUCTURE ACCOUNT.
Section 9603 of the Omnibus Public Land Management Act of 2009 (43
U.S.C. 510b) is amended by adding at the end the following:
``(d) Aging Infrastructure Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury a special account, to be known as the
`Aging Infrastructure Account' (referred to in this subsection
as the `Account'), to provide funds to, and provide for the
extended repayment of the funds by, a transferred works
operating entity or project beneficiary responsible for
repayment of reimbursable costs for the conduct of
extraordinary operation and maintenance work at a project
facility, which shall consist of--
``(A) any amounts that are specifically
appropriated to the Account under section 9605; and
``(B) any amounts deposited in the Account under
paragraph (3)(B).
``(2) Expenditures.--Subject to appropriations and
paragraph (3), the Secretary may expend amounts in the Account
to fund and provide for extended repayment of the funds for
eligible projects identified in a report submitted under
paragraph (5)(A).
``(3) Repayment contract.--
``(A) In general.--The Secretary may not expend
amounts under paragraph (2) with respect to an eligible
project described in that paragraph unless the
transferred works operating entity or project
beneficiary responsible for repayment of reimbursable
costs has entered into a contract to repay the amounts
under subsection (b)(2).
``(B) Deposit of repaid funds.--Amounts repaid by a
transferred works operating entity or project
beneficiary responsible for repayment of reimbursable
costs receiving funds under a repayment contract
entered into under this subsection shall be deposited
in the Account and shall be available to the Secretary
for expenditure in accordance with this subsection
without further appropriation.
``(4) Application for funding.--
``(A) In general.--Not less than once per fiscal
year, the Secretary shall accept, during an application
period established by the Secretary, applications from
transferred works operating entities or project
beneficiaries responsible for payment of reimbursable
costs for funds and extended repayment for eligible
projects.
``(B) Eligible project.--A project eligible for
funding and extended repayment under this subsection is
a project that--
``(i) qualifies as an extraordinary
operation and maintenance work under this
section;
``(ii) is for the major, non-recurring
maintenance of a mission-critical asset; and
``(iii) is not eligible to be carried out
or funded under the repayment provisions of
section 4(c) of the Reclamation Safety of Dams
Act of 1978 (43 U.S.C. 508(c)).
``(C) Guidelines for applications.--Not later than
60 days after the date of enactment of this subsection,
the Secretary shall issue guidelines describing the
information required to be provided in an application
for funding and extended repayment under this
subsection that require, at a minimum--
``(i) a description of the project for
which the funds are requested;
``(ii) the amount of funds requested;
``(iii) the repayment period requested by
the transferred works operating entity or
project beneficiary responsible for repayment
of reimbursable costs;
``(iv) alternative non-Federal funding
options that have been evaluated;
``(v) the financial justification for
requesting an extended repayment period; and
``(vi) the financial records of the
transferred works operating entity or project
beneficiary responsible for repayment of
reimbursable costs.
``(D) Review by the secretary.--The Secretary shall
review each application submitted under subparagraph
(A)--
``(i) to determine whether the project is
eligible for funds and an extended repayment
period under this subsection;
``(ii) to determine if the project has been
identified by the Bureau of Reclamation as part
of the major rehabilitation and replacement of
a project facility; and
``(iii) to conduct a financial analysis
of--
``(I) the project; and
``(II) the transferred works
operating entity or project beneficiary
responsible for repayment of
reimbursable costs.
``(5) Report.--Not later than 90 days after the date on
which an application period closes under paragraph (4)(A), the
Secretary shall submit to the Committees on Energy and Natural
Resources and Appropriations of the Senate and the Committees
on Natural Resources and Appropriations of the House of
Representatives a report that--
``(A) identifies each project eligible for funding
and extended repayment under this subsection;
``(B) with respect to each eligible project
identified under subparagraph (A), includes--
``(i) a description of--
``(I) the eligible project;
``(II) the anticipated cost and
duration of the eligible project; and
``(III) any remaining engineering
or environmental compliance that is
required before the eligible project
commences;
``(ii) an analysis of--
``(I) the repayment period proposed
in the application; and
``(II) if the Secretary recommends
a minimum necessary repayment period
that is different than the repayment
period proposed in the application, the
minimum necessary repayment period
recommended by the Secretary; and
``(iii) an analysis of alternative non-
Federal funding options; and
``(C) describes the balance of funds in the Account
as of the date of the report.
``(6) Effect of subsection.--Nothing in this subsection
affects--
``(A) any funding provided, or contracts entered
into, under subsection (a) before the date of enactment
of this subsection; or
``(B) the use of funds otherwise made available to
the Secretary to carry out subsection (a).''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR THE RECLAMATION SAFETY OF
DAMS ACT OF 1978.
Section 5 of the Reclamation Safety of Dams Act of 1978 (43 U.S.C.
509) is amended, in the first sentence, by inserting ``, and, effective
October 1, 2019, not to exceed an additional $550,000,000 (October 1,
2019, price levels)'' before ``, plus or minus''.
SEC. 4. REVIEW OF FLOOD CONTROL RULE CURVES PILOT PROJECT.
(a) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) Eligible works.--
(A) In general.--The term ``eligible works'' means
a reserved works, or a transferred works for which--
(i) the flood control rule curve has not
been substantially adjusted during the 10-year
period ending on the date of enactment of this
Act; and
(ii) the Secretary receives a request in
accordance with subsection (c)(1)(A).
(B) Exclusions.--The term ``eligible works'' does
not include--
(i) any project authorized by the Boulder
Canyon Project Act (43 U.S.C. 617 et seq.);
(ii) any project authorized by the Act of
April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43
U.S.C. 620 et seq.); or
(iii) any project of the Pick-Sloan
Missouri River Basin Program (authorized by
section 9 of the Act of December 22, 1944
(commonly known as the ``Flood Control Act of
1944'') (58 Stat. 891, chapter 665)).
(3) Pilot project.--The term ``pilot project'' means the
pilot project established under subsection (b).
(4) Responsible party.--The term ``responsible party''
means--
(A) with respect to a reserved works--
(i) a non-Federal water user or power
contractor that has an active repayment, water
service, or power service contract with the
Bureau;
(ii) a power contractor that has an active
contract with a Federal power marketing
administration for energy, capacity, or energy
and capacity, from a hydropower facility owned
by the Bureau; or
(iii) a non-Federal operating entity,
including a joint powers authority or board of
control, that has assumed responsibility on
behalf of multiple water users, through a
contract with the Bureau, for the operation and
maintenance of the reserved works; and
(B) with respect to a transferred works, the
operating entity of the transferred works.
(5) Secretary.--The term ``Secretary'' means Secretary of
the Interior.
(b) Establishment of Pilot Project.--The Secretary, in consultation
with the Secretary of the Army, shall establish within the Bureau a
pilot project to adjust flood control rule curves in accordance with
subsection (d).
(c) Selection of Eligible Works.--
(1) Request.--
(A) In general.--In order for an eligible works to
be selected for inclusion in the pilot project, a
responsible party shall submit a written request to the
Secretary seeking a flood control rule curve
adjustment.
(B) Notice.--Not later than 30 days after the date
on which the Secretary receives a request under
subparagraph (A), the Secretary shall notify--
(i) each responsible party of that request,
using lists maintained by the Bureau; and
(ii) if applicable, the appropriate Federal
power marketing administration.
(2) Selection.--Each year, the Secretary shall--
(A) select 1 or more eligible works for inclusion
in the pilot project; and
(B) submit a list of those eligible works to--
(i) the Secretary of the Army;
(ii) the Committee on Natural Resources of
the House of Representatives; and
(iii) the Committee on Energy and Natural
Resources of the Senate.
(3) Exclusion.--The Secretary shall not select an eligible
works for inclusion in the pilot project under paragraph (2)(A)
if, not later than 60 days after the date on which the notice
is provided to each responsible party under paragraph
(1)(B)(i), a majority of the responsible parties submit to the
Secretary an objection to the inclusion of the eligible works
in the pilot project.
(d) Adjustment of a Flood Control Rule.--
(1) In general.--The flood control rule curve of an
eligible works shall be adjusted pursuant to section 7 of the
Act of December 22, 1944 (33 U.S.C. 709), if the Secretary of
the Army determines that the adjustment would enhance the
authorized purposes of the eligible works.
(2) Considerations.--In the adjustment of a flood control
rule curve under paragraph (1), the following factors shall be
considered:
(A) Forecast-informed reservoir operations.
(B) Improved hydrologic forecasting for--
(i) precipitation;
(ii) snowpack;
(iii) runoff; and
(iv) soil moisture conditions.
(C) Any new watershed data, including data provided
by a responsible party for the eligible works.
(3) Consultation.--In the adjustment of a flood control
rule curve under paragraph (1), the following entities shall be
consulted:
(A) Each responsible party for the eligible works.
(B) In the case of an eligible works that produces
power marketed by the Federal Government, the Federal
power marketing administration that markets the power.
(C) The Secretary.
(e) Consultation.--The Secretary shall consult with the Secretary
of the Army with respect to any action taken by the Secretary of the
Army--
(1) pursuant to section 7 of the Act of December 22, 1944
(33 U.S.C. 709); and
(2) that relates to the pilot project.
(f) Funding.--The Secretary or the Secretary of the Army, as
appropriate, may accept amounts from responsible parties for eligible
works to fund all or a portion of the cost of carrying out an
adjustment of a flood control rule under subsection (d), including a
review or revision of operational documents (including water control
plans, water control manuals, water control diagrams, release
schedules, rule curves, operational agreements with non-Federal
entities, and any associated environmental documentation).
(g) Effect.--Nothing in this section--
(1) affects or modifies any existing authority to review or
modify--
(A) reservoir operations, including any existing
forecast-informed reservoir operations at a facility of
the Corps of Engineers, such as Coyote Dam; and
(B) flood control operations; or
(2) affects or modifies any authorized purpose of any
project carried out by the Secretary.
(h) Termination.--
(1) In general.--The pilot project shall terminate on the
date that is 15 years after the date of enactment of this Act.
(2) Effect.--Termination of the pilot project under
paragraph (1) shall not affect any flood control rule curve
developed as part of the pilot project.
<all>