II 

116TH CONGRESS 

1ST SESSION S. 2044 

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 

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. 

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 cited as the ‘‘Water Supply Infra5 structure Rehabilitation and Utilization Act’’. 


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1 SEC. 2. AGING INFRASTRUCTURE ACCOUNT. 

2 Section 9603 of the Omnibus Public Land Manage3 ment Act of 2009 (43 U.S.C. 510b) is amended by adding 

4 at the end the following: 

5 ‘‘(d) AGING INFRASTRUCTURE ACCOUNT.— 

6 ‘‘(1) ESTABLISHMENT.—There is established in 

7 the general fund of the Treasury a special account, 

8 to be known as the ‘Aging Infrastructure Account’ 

9 (referred to in this subsection as the ‘Account’), to 

10 provide funds to, and provide for the extended re11 payment of the funds by, transferred works oper12 ating entities or project beneficiaries responsible for 

13 repayment of reimbursable costs for the conduct of 

14 extraordinary operation and maintenance work at 

15 transferred works, which shall consist of— 

16 ‘‘(A) any amounts that are authorized to 

17 be appropriated to the Account under section 

18 9605; and 

19 ‘‘(B) any amounts deposited in the Ac20 count under paragraph (3)(B). 

21 ‘‘(2) EXPENDITURES.—Subject to appropria22 tions and paragraph (3), the Secretary may expend 

23 amounts in the Account to fund and provide for ex24 tended repayment of the funds for eligible projects 

25 at transferred works identified in a report submitted 

26 under paragraph (5)(A). 


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1 ‘‘(3) REPAYMENT CONTRACT.— 

2 ‘‘(A) IN GENERAL.—The Secretary may 

3 not expend amounts under paragraph (2) with 

4 respect to an eligible project described in that 

5 paragraph unless the transferred works oper6 ating entity or project beneficiary responsible 

7 for repayment of reimbursable costs has entered 

8 into a contract to repay the amounts under sub9 section (b)(2). 

10 ‘‘(B) DEPOSIT OF REPAID FUNDS.— 

11 Amounts repaid by a transferred works oper12 ating entity or project beneficiary responsible 

13 for repayment of reimbursable costs receiving 

14 funds under a repayment contract entered into 

15 under this subsection shall be deposited in the 

16 Account without further appropriation. 

17 ‘‘(4) APPLICATION FOR FUNDING.— 

18 ‘‘(A) IN GENERAL.—Not less than once per 

19 fiscal year, the Secretary shall accept, during 

20 an application period established by the Sec21 retary, applications from transferred works op22 erating entities or project beneficiaries respon23 sible for payment of reimbursable costs for 

24 funds and extended repayment for eligible 

25 projects. 


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1 ‘‘(B) ELIGIBLE PROJECT.—A project eligi2 ble for funds and extended repayment under 

3 this subsection is a project that— 

4 ‘‘(i) qualifies as an extraordinary op5 eration and maintenance work under this 

6 section; 

7 ‘‘(ii) is for the major, non-recurring 

8 maintenance of a mission-critical asset; 

9 and 

10 ‘‘(iii) is not eligible to be carried out 

11 or funded under the repayment provisions 

12 of section 4(c) of the Reclamation Safety 

13 of Dams Act of 1978 (43 U.S.C. 508(c)). 

14 ‘‘(C) GUIDELINES FOR APPLICATIONS.— 

15 Not later than 60 days after the date of enact16 ment of this subsection, the Secretary shall 

17 issue guidelines describing the information re18 quired to be provided in an application for 

19 funds and extended repayment under this sub20 section that require, at a minimum— 

21 ‘‘(i) a description of the project for 

22 which the funds are requested; 

23 ‘‘(ii) the amount of funds requested; 

24 ‘‘(iii) the repayment period requested 

25 by the transferred works operating entity 


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1 or project beneficiary responsible for re2 payment of reimbursable costs; 

3 ‘‘(iv) the financial justification for re4 questing an extended repayment period; 

5 and 

6 ‘‘(v) the financial records of the trans7 ferred works operating entity or project 

8 beneficiary responsible for repayment of 

9 reimbursable costs. 

10 ‘‘(D) REVIEW BY THE SECRETARY.—The 

11 Secretary shall review each application sub12 mitted under subparagraph (A)— 

13 ‘‘(i) to determine whether the project 

14 is eligible for funds and an extended repay15 ment period under this subsection; 

16 ‘‘(ii) to determine if the project has 

17 been identified by the Bureau of Reclama18 tion as part of the major rehabilitation and 

19 replacement of a project facility; and 

20 ‘‘(iii) to conduct a financial analysis 

21 of— 

22 ‘‘(I) the project; and 

23 ‘‘(II) the transferred works oper24 ating entity or project beneficiary reVerDate Sep 11 2014 23:21 Jul 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2044.IS S2044

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1 sponsible for repayment of reimburs2 able costs. 

3 ‘‘(5) REPORT.—Not later than 90 days after 

4 the date on which an application period closes under 

5 paragraph (4)(A), the Secretary shall submit to the 

6 Committees on Energy and Natural Resources and 

7 Appropriations of the Senate and the Committees on 

8 Natural Resources and Appropriations of the House 

9 of Representatives a report that— 

10 ‘‘(A) identifies each project eligible for 

11 funds and extended repayment under this sub12 section; 

13 ‘‘(B) with respect to each eligible project 

14 identified under subparagraph (A), includes— 

15 ‘‘(i) a description of— 

16 ‘‘(I) the eligible project; 

17 ‘‘(II) the anticipated cost and du18 ration of the eligible project; and 

19 ‘‘(III) any remaining engineering 

20 or environmental compliance that is 

21 required before the eligible project 

22 commences; 

23 ‘‘(ii) an analysis of— 

24 ‘‘(I) the repayment period pro25 posed in the application; and 


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1 ‘‘(II) if the Secretary rec2 ommends a minimum necessary repay3 ment period that is different than the 

4 repayment period proposed in the ap5 plication, the minimum necessary re6 payment period recommended by the 

7 Secretary; 

8 ‘‘(iii) an analysis of the effect on the 

9 affordability of water of— 

10 ‘‘(I) the repayment period pro11 posed in the application; and 

12 ‘‘(II) if the Secretary rec13 ommends a minimum necessary repay14 ment period that is different than the 

15 repayment period proposed in the ap16 plication, the minimum necessary re17 payment period recommended by the 

18 Secretary; and 

19 ‘‘(iv) an analysis of alternative non20 Federal funding options; and 

21 ‘‘(C) describes the balance of funds in the 

22 Account as of the date of the report.’’. 


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1 SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR THE 

2 RECLAMATION SAFETY OF DAMS ACT OF 1978. 

3 Section 5 of the Reclamation Safety of Dams Act of 

4 1978 (43 U.S.C. 509) is amended, in the first sentence, 

5 by inserting ‘‘, and, effective October 1, 2019, not to ex6 ceed an additional $550,000,000 (October 1, 2019, price 

7 levels)’’ before ‘‘, plus or minus’’. 

8 SEC. 4. REVIEW OF FLOOD CONTROL RULE CURVES PILOT 

9 PROJECT. 

10 (a) DEFINITIONS.—In this section: 

11 (1) BUREAU.—The term ‘‘Bureau’’ means the 

12 Bureau of Reclamation. 

13 (2) ELIGIBLE WORKS.— 

14 (A) IN GENERAL.—The term ‘‘eligible 

15 works’’ means a reserved works, or a trans16 ferred works for which— 

17 (i) the flood control rule curve has not 

18 been substantially adjusted during the 10- 

19 year period ending on the date of enact20 ment of this Act; and 

21 (ii) the Secretary receives a request in 

22 accordance with subsection (c)(1)(A). 

23 (B) EXCLUSIONS.—The term ‘‘eligible 

24 works’’ does not include— 


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1 (i) any project authorized by the 

2 Boulder Canyon Project Act (43 U.S.C. 

3 617 et seq.); 

4 (ii) any project authorized by the Act 

5 of April 11, 1956 (commonly known as the 

6 ‘‘Colorado River Storage Project Act’’) (43 

7 U.S.C. 620 et seq.); or 

8 (iii) any project of the Pick-Sloan 

9 Missouri River Basin Program (authorized 

10 by section 9 of the Act of December 22, 

11 1944 (commonly known as the ‘‘Flood 

12 Control Act of 1944’’) (58 Stat. 891, chap13 ter 665)). 

14 (3) PILOT PROJECT.—The term ‘‘pilot project’’ 

15 means the pilot project established under subsection 

16 (b). 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 Secretary of the Interior. 

19 (b) ESTABLISHMENT OF PILOT PROJECT.—The Sec20 retary shall establish within the Bureau a pilot project to 

21 adjust flood control rule curves in accordance with sub22 section (d). 

23 (c) SELECTION OF ELIGIBLE WORKS.— 

24 (1) REQUEST.— 


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1 (A) IN GENERAL.—In order for an eligible 

2 works to be selected for inclusion in the pilot 

3 project, a responsible party shall submit a writ4 ten request to the Secretary. 

5 (B) NOTICE.—Not later than 30 days 

6 after the date on which the Secretary receives 

7 a request under subparagraph (A), the Sec8 retary shall notify— 

9 (i) each responsible party of that re10 quest, using lists maintained by the Bu11 reau; and 

12 (ii) if applicable, the appropriate Fed13 eral power marketing administration. 

14 (2) SELECTION.—Each year, the Secretary 

15 shall— 

16 (A) select 1 or more eligible works for in17 clusion in the pilot project; and 

18 (B) submit a list of those eligible works 

19 to— 

20 (i) the Secretary of the Army; 

21 (ii) the Committee on Natural Re22 sources of the House of Representatives; 

23 and 

24 (iii) the Committee on Energy and 

25 Natural Resources of the Senate. 


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1 (3) EXCLUSION.—The Secretary shall not select 

2 an eligible works for inclusion in the pilot project 

3 under paragraph (2)(A) if, not later than 60 days 

4 after the date on which the notice is provided to 

5 each responsible party under paragraph (1)(B)(i), a 

6 majority of the responsible parties submit to the 

7 Secretary an objection to the inclusion of the eligible 

8 works in the pilot project. 

9 (d) ADJUSTMENT OF FLOOD CONTROL RULE.— 

10 (1) IN GENERAL.—The flood control rule curve 

11 of an eligible works shall be adjusted pursuant to 

12 section 7 of the Act of December 22, 1944 (33 

13 U.S.C. 709), if the Secretary of the Army deter14 mines that the adjustment would enhance the au15 thorized purposes of the eligible works. 

16 (2) CONSIDERATIONS.—In the adjustment of a 

17 flood control rule curve under paragraph (1), the fol18 lowing factors shall be considered: 

19 (A) Forecast-informed reservoir operations. 

20 (B) Improved hydrologic forecasting for— 

21 (i) precipitation; 

22 (ii) snowpack; 

23 (iii) runoff; and 

24 (iv) soil moisture conditions. 


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1 (C) Any new watershed data, including 

2 data provided by a responsible party for the eli3 gible works. 

4 (3) CONSULTATION.—In the adjustment of a 

5 flood control rule curve under paragraph (1), the fol6 lowing entities shall be consulted: 

7 (A) Each responsible party for the eligible 

8 works. 

9 (B) In the case of an eligible works that 

10 produces power marketed by the Federal Gov11 ernment, the Federal power marketing adminis12 tration that markets the power. 

13 (C) The Secretary. 

14 (e) CONSULTATION.—The Secretary shall consult 

15 with the Secretary of the Army with respect to any action 

16 taken by the Secretary of the Army— 

17 (1) pursuant to section 7 of the Act of Decem18 ber 22, 1944 (33 U.S.C. 709); and 

19 (2) that relates to the pilot project. 

20 (f) FUNDING.—The Secretary or the Secretary of the 

21 Army, as appropriate, may accept amounts from respon22 sible parties for eligible works to fund all or a portion of 

23 the cost of carrying out an adjustment under subsection 

24 (d), including a review or revision of operational docu25 ments (including water control plans, water control manuVerDate Sep 11 2014 23:21 Jul 08, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2044.IS S2044

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1 als, water control diagrams, release schedules, rule curves, 

2 operational agreements with non-Federal entities, and any 

3 associated environmental documentation). 

4 (g) EFFECT.—Nothing in this section— 

5 (1) affects or modifies any existing authority to 

6 review or modify— 

7 (A) reservoir operations, including any ex8 isting forecast-informed reservoir operations at 

9 a facility of the Corps of Engineers, such as 

10 Coyote Dam; and 

11 (B) flood control operations; or 

12 (2) affects or modifies any authorized purpose 

13 of any project carried out by the Secretary. 

14 (h) TERMINATION.— 

15 (1) IN GENERAL.—The pilot project shall termi16 nate on the date that is 15 years after the date of 

17 enactment of this Act. 

18 (2) EFFECT.—Termination of the pilot project 

19 under paragraph (1) shall not affect any flood con20 trol rule curve developed as part of the pilot project. 

Æ 


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