I 

116TH CONGRESS 

1ST SESSION H. R. 5445 

To amend the Endangered Species Act of 1973 to encourage the construction 

of critical infrastructure, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 17, 2019 

Mr. STEWART introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend the Endangered Species Act of 1973 to encourage 

the construction of critical infrastructure, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be referred to as the ‘‘Critical Infra5 structure Act of 2019’’. 

6 SEC. 2. TRANSPARENCY AND REPORTING. 

7 (a) INFORMATION INCLUDED IN MONTHLY BILLING

8 TO POWER CUSTOMERS.—The Administrators of each of 

9 the Bonneville Power Administration, the Western Area 

10 Power Administration, the Southwestern Power AdminisVerDate Sep 11 2014 20:08 Jan 02, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5445.IH H5445

lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 5445 IH

1 tration, and the Southeastern Power Administration shall 

2 include in monthly billings sent to each of their power cus3 tomers information estimating and reporting all costs and 

4 factors affecting total power costs, including the costs of 

5 the customer’s share of the direct and indirect costs that 

6 are incurred by the administration related to compliance 

7 with any Federal environmental laws impacting the con8 servation of fish and wildlife considered by the Adminis9 trator concerned, at that Administrator’s sole discretion 

10 after consultation with consumers, to be relevant. 

11 (b) DIRECT COSTS.—Direct costs reported under this 

12 section shall include Federal agency obligations related 

13 to— 

14 (1) costs of studies; 

15 (2) capital, operation, maintenance, and re16 placement costs; and 

17 (3) staffing costs. 

18 (c) INDIRECT COSTS.—Indirect costs reported under 

19 this section shall include foregone generation (including 

20 as a result of water lost to comply with any Federal envi21 ronmental laws impacting the conservation of fish and 

22 wildlife), and replacement power costs, including the net 

23 costs of any transmission. 

24 (d) COORDINATION.—The Commissioner of the Bu25 reau of Reclamation and the head of any other affected 


lotter on DSKBCFDHB2PROD with BILLS
3 

•HR 5445 IH

1 Federal agency shall assist the Administrators with the 

2 identification of the costs. 

3 (e) REPORT.—No later than January 30 of each 

4 year, each of the Administrators referred to in subsection 

5 (a), in coordination with the Bureau of Reclamation and 

6 other affected Federal agencies, shall provide an annual 

7 report to the appropriate committees of the House of Rep8 resentatives and the Senate that includes— 

9 (1) all estimated costs and factors affecting 

10 total power costs, including estimates of the total di11 rect and indirect costs that are incurred by the ad12 ministration related to compliance with any Federal 

13 environmental laws impacting the conservation of 

14 fish and wildlife considered by the Administrator 

15 concerned, at that Administrator’s sole discretion 

16 after consultation with consumers, to be relevant; 

17 and 

18 (2) the sources of replacement power. 

19 SEC. 3. PROHIBITION OF DESIGNATION OF CERTAIN HABI20 TAT IN AN ARTIFICIAL WATER DELIVERY OR 

21 STORAGE FACILITY AS CRITICAL HABITAT. 

22 Section 4(a)(3) of the Endangered Species Act of 

23 1973 (16 U.S.C. 1533(a)(3)) is amended by adding at the 

24 end the following: 


lotter on DSKBCFDHB2PROD with BILLS
4 

•HR 5445 IH

1 ‘‘(C) The Secretary shall not designate as critical 

2 habitat any area in a water storage reservoir, water diver3 sion structure, canal, or other water storage, diversion, or 

4 delivery facility, where habitat is periodically created and 

5 destroyed as a result of changes in water levels caused 

6 by the operation of such facility.’’. 

7 SEC. 4. POWERLINES ACCESS CATEGORICAL EXCLUSION. 

8 Any project to install or maintain electrical trans9 mission poles or powerlines shall be categorically excluded 

10 under the National Environmental Policy Act (42 U.S.C. 

11 4321 et seq.). 

12 SEC. 5. SPECIES PRESENCE IN BUFFER RIGHT-OF-WAY CAT13 EGORICAL EXCLUSION. 

14 Notwithstanding any other provision of law, a con15 struction project that includes a buffer area shall be cat16 egorically excluded under the National Environmental Pol17 icy Act (42 U.S.C. 4321 et seq.) if the project would other18 wise only require an assessment under such Act because 

19 of the presence of prairie dogs in such buffer area. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS