Bill Summary
This legislation, titled the "Water Supply Infrastructure Rehabilitation and Utilization Act", amends the Omnibus Public Land Management Act of 2009 and the Reclamation Safety of Dams Act of 1978. It establishes an Aging Infrastructure Account to provide funds for the extended repayment of costs for extraordinary operation and maintenance work at project facilities, and allows for a review of flood control rule curves within the Bureau of Reclamation. The bill also authorizes additional funds for the Reclamation Safety of Dams Act and creates a pilot project to adjust flood control rule curves for certain projects. The Secretary of the Interior, in consultation with the Secretary of the Army, will select eligible works for inclusion in the pilot project and will consider factors such as forecast-informed reservoir operations and improved hydrologic forecasting. The project will terminate after 15 years, but any flood control rule curves developed during this time will remain in effect.
Possible Impacts
1. The establishment of an Aging Infrastructure Account under this legislation could affect people by providing additional funds for the maintenance and rehabilitation of aging water supply infrastructure. This could result in improved water quality and reliability for individuals and communities that rely on this infrastructure for their daily needs.
2. The review of flood control rule curves pilot project could affect people by potentially leading to changes in how reservoirs are managed, which could affect water levels and river flow patterns. This could have implications for agriculture, recreation, and other uses of water resources, as well as potential impacts on local ecosystems and wildlife.
3. The authorization of additional funds for the Reclamation Safety of Dams Act could affect people by potentially providing additional resources for the maintenance and safety of dams, which could help mitigate the risk of dam failures and resulting floods, protecting nearby communities and infrastructure.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2044 Reported in Senate (RS)]
<DOC>
Calendar No. 277
116th CONGRESS
1st Session
S. 2044
[Report No. 116-156]
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 SENATE OF THE UNITED STATES
June 27, 2019
Ms. McSally (for herself and Ms. Sinema) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
October 29, 2019
Reported by Ms. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Water Supply Infrastructure
Rehabilitation and Utilization Act''.</DELETED>
<DELETED>SEC. 2. AGING INFRASTRUCTURE ACCOUNT.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(d) Aging Infrastructure Account.--</DELETED>
<DELETED> ``(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, transferred works
operating entities or project beneficiaries responsible for
repayment of reimbursable costs for the conduct of
extraordinary operation and maintenance work at transferred
works, which shall consist of--</DELETED>
<DELETED> ``(A) any amounts that are authorized to
be appropriated to the Account under section 9605;
and</DELETED>
<DELETED> ``(B) any amounts deposited in the Account
under paragraph (3)(B).</DELETED>
<DELETED> ``(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 at transferred works identified in a report
submitted under paragraph (5)(A).</DELETED>
<DELETED> ``(3) Repayment contract.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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 without further
appropriation.</DELETED>
<DELETED> ``(4) Application for funding.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Eligible project.--A project
eligible for funds and extended repayment under this
subsection is a project that--</DELETED>
<DELETED> ``(i) qualifies as an
extraordinary operation and maintenance work
under this section;</DELETED>
<DELETED> ``(ii) is for the major, non-
recurring maintenance of a mission-critical
asset; and</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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 funds and extended repayment under
this subsection that require, at a minimum--</DELETED>
<DELETED> ``(i) a description of the project
for which the funds are requested;</DELETED>
<DELETED> ``(ii) the amount of funds
requested;</DELETED>
<DELETED> ``(iii) the repayment period
requested by the transferred works operating
entity or project beneficiary responsible for
repayment of reimbursable costs;</DELETED>
<DELETED> ``(iv) the financial justification
for requesting an extended repayment period;
and</DELETED>
<DELETED> ``(v) the financial records of the
transferred works operating entity or project
beneficiary responsible for repayment of
reimbursable costs.</DELETED>
<DELETED> ``(D) Review by the secretary.--The
Secretary shall review each application submitted under
subparagraph (A)--</DELETED>
<DELETED> ``(i) to determine whether the
project is eligible for funds and an extended
repayment period under this
subsection;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iii) to conduct a financial
analysis of--</DELETED>
<DELETED> ``(I) the project;
and</DELETED>
<DELETED> ``(II) the transferred
works operating entity or project
beneficiary responsible for repayment
of reimbursable costs.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) identifies each project eligible for
funds and extended repayment under this
subsection;</DELETED>
<DELETED> ``(B) with respect to each eligible
project identified under subparagraph (A), includes--
</DELETED>
<DELETED> ``(i) a description of--</DELETED>
<DELETED> ``(I) the eligible
project;</DELETED>
<DELETED> ``(II) the anticipated
cost and duration of the eligible
project; and</DELETED>
<DELETED> ``(III) any remaining
engineering or environmental compliance
that is required before the eligible
project commences;</DELETED>
<DELETED> ``(ii) an analysis of--</DELETED>
<DELETED> ``(I) the repayment period
proposed in the application;
and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iii) an analysis of the effect
on the affordability of water of--</DELETED>
<DELETED> ``(I) the repayment period
proposed in the application;
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iv) an analysis of alternative
non-Federal funding options; and</DELETED>
<DELETED> ``(C) describes the balance of funds in
the Account as of the date of the report.''.</DELETED>
<DELETED>SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR THE RECLAMATION
SAFETY OF DAMS ACT OF 1978.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 4. REVIEW OF FLOOD CONTROL RULE CURVES PILOT
PROJECT.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Bureau.--The term ``Bureau'' means the Bureau
of Reclamation.</DELETED>
<DELETED> (2) Eligible works.--</DELETED>
<DELETED> (A) In general.--The term ``eligible
works'' means a reserved works, or a transferred works
for which--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) the Secretary receives a
request in accordance with subsection
(c)(1)(A).</DELETED>
<DELETED> (B) Exclusions.--The term ``eligible
works'' does not include--</DELETED>
<DELETED> (i) any project authorized by the
Boulder Canyon Project Act (43 U.S.C. 617 et
seq.);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (3) Pilot project.--The term ``pilot project''
means the pilot project established under subsection
(b).</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means
Secretary of the Interior.</DELETED>
<DELETED> (b) Establishment of Pilot Project.--The Secretary shall
establish within the Bureau a pilot project to adjust flood control
rule curves in accordance with subsection (d).</DELETED>
<DELETED> (c) Selection of Eligible Works.--</DELETED>
<DELETED> (1) Request.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Notice.--Not later than 30 days after
the date on which the Secretary receives a request
under subparagraph (A), the Secretary shall notify--
</DELETED>
<DELETED> (i) each responsible party of that
request, using lists maintained by the Bureau;
and</DELETED>
<DELETED> (ii) if applicable, the
appropriate Federal power marketing
administration.</DELETED>
<DELETED> (2) Selection.--Each year, the Secretary shall--
</DELETED>
<DELETED> (A) select 1 or more eligible works for
inclusion in the pilot project; and</DELETED>
<DELETED> (B) submit a list of those eligible works
to--</DELETED>
<DELETED> (i) the Secretary of the
Army;</DELETED>
<DELETED> (ii) the Committee on Natural
Resources of the House of Representatives;
and</DELETED>
<DELETED> (iii) the Committee on Energy and
Natural Resources of the Senate.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Adjustment of Flood Control Rule.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Considerations.--In the adjustment of a flood
control rule curve under paragraph (1), the following factors
shall be considered:</DELETED>
<DELETED> (A) Forecast-informed reservoir
operations.</DELETED>
<DELETED> (B) Improved hydrologic forecasting for--
</DELETED>
<DELETED> (i) precipitation;</DELETED>
<DELETED> (ii) snowpack;</DELETED>
<DELETED> (iii) runoff; and</DELETED>
<DELETED> (iv) soil moisture
conditions.</DELETED>
<DELETED> (C) Any new watershed data, including data
provided by a responsible party for the eligible
works.</DELETED>
<DELETED> (3) Consultation.--In the adjustment of a flood
control rule curve under paragraph (1), the following entities
shall be consulted:</DELETED>
<DELETED> (A) Each responsible party for the
eligible works.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) The Secretary.</DELETED>
<DELETED> (e) Consultation.--The Secretary shall consult with the
Secretary of the Army with respect to any action taken by the Secretary
of the Army--</DELETED>
<DELETED> (1) pursuant to section 7 of the Act of December
22, 1944 (33 U.S.C. 709); and</DELETED>
<DELETED> (2) that relates to the pilot project.</DELETED>
<DELETED> (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 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).</DELETED>
<DELETED> (g) Effect.--Nothing in this section--</DELETED>
<DELETED> (1) affects or modifies any existing authority to
review or modify--</DELETED>
<DELETED> (A) reservoir operations, including any
existing forecast-informed reservoir operations at a
facility of the Corps of Engineers, such as Coyote Dam;
and</DELETED>
<DELETED> (B) flood control operations; or</DELETED>
<DELETED> (2) affects or modifies any authorized purpose of
any project carried out by the Secretary.</DELETED>
<DELETED> (h) Termination.--</DELETED>
<DELETED> (1) In general.--The pilot project shall terminate
on the date that is 15 years after the date of enactment of
this Act.</DELETED>
<DELETED> (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.</DELETED>
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.
Calendar No. 277
116th CONGRESS
1st Session
S. 2044
[Report No. 116-156]
_______________________________________________________________________
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.
_______________________________________________________________________
October 29, 2019
Reported with an amendment