II 

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. 


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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’’. 

6 SEC. 2. AGING INFRASTRUCTURE ACCOUNT. 

7 Section 9603 of the Omnibus Public Land Manage8 ment Act of 2009 (43 U.S.C. 510b) is amended by adding 

9 at the end the following: 

10 ‘‘(d) AGING INFRASTRUCTURE ACCOUNT.— 

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

12 the general fund of the Treasury a special account, 

13 to be known as the ‘Aging Infrastructure Account’ 

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

15 provide funds to, and provide for the extended re16 payment of the funds by, transferred works oper17 ating entities or project beneficiaries responsible for 

18 repayment of reimbursable costs for the conduct of 

19 extraordinary operation and maintenance work at 

20 transferred works, which shall consist of— 

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

22 be appropriated to the Account under section 

23 9605; and 

24 ‘‘(B) any amounts deposited in the Ac25 count under paragraph (3)(B). 


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1 ‘‘(2) EXPENDITURES.—Subject to appropria2 tions and paragraph (3), the Secretary may expend 

3 amounts in the Account to fund and provide for ex4 tended repayment of the funds for eligible projects 

5 at transferred works identified in a report submitted 

6 under paragraph (5)(A). 

7 ‘‘(3) REPAYMENT CONTRACT.— 

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

9 not expend amounts under paragraph (2) with 

10 respect to an eligible project described in that 

11 paragraph unless the transferred works oper12 ating entity or project beneficiary responsible 

13 for repayment of reimbursable costs has entered 

14 into a contract to repay the amounts under sub15 section (b)(2). 

16 ‘‘(B) DEPOSIT OF REPAID FUNDS.— 

17 Amounts repaid by a transferred works oper18 ating entity or project beneficiary responsible 

19 for repayment of reimbursable costs receiving 

20 funds under a repayment contract entered into 

21 under this subsection shall be deposited in the 

22 Account without further appropriation. 

23 ‘‘(4) APPLICATION FOR FUNDING.— 

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

25 fiscal year, the Secretary shall accept, during 


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1 an application period established by the Sec2 retary, applications from transferred works op3 erating entities or project beneficiaries respon4 sible for payment of reimbursable costs for 

5 funds and extended repayment for eligible 

6 projects. 

7 ‘‘(B) ELIGIBLE PROJECT.—A project eligi8 ble for funds and extended repayment under 

9 this subsection is a project that— 

10 ‘‘(i) qualifies as an extraordinary op11 eration and maintenance work under this 

12 section; 

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

14 maintenance of a mission-critical asset; 

15 and 

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

17 or funded under the repayment provisions 

18 of section 4(c) of the Reclamation Safety 

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

20 ‘‘(C) GUIDELINES FOR APPLICATIONS.— 

21 Not later than 60 days after the date of enact22 ment of this subsection, the Secretary shall 

23 issue guidelines describing the information re24 quired to be provided in an application for 


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1 funds and extended repayment under this sub2 section that require, at a minimum— 

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

4 which the funds are requested; 

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

6 ‘‘(iii) the repayment period requested 

7 by the transferred works operating entity 

8 or project beneficiary responsible for re9 payment of reimbursable costs; 

10 ‘‘(iv) the financial justification for re11 questing an extended repayment period; 

12 and 

13 ‘‘(v) the financial records of the trans14 ferred works operating entity or project 

15 beneficiary responsible for repayment of 

16 reimbursable costs. 

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

18 Secretary shall review each application sub19 mitted under subparagraph (A)— 

20 ‘‘(i) to determine whether the project 

21 is eligible for funds and an extended repay22 ment period under this subsection; 

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

24 been identified by the Bureau of ReclamaVerDate Sep 11 2014 23:07 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2044.RS S2044

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1 tion as part of the major rehabilitation and 

2 replacement of a project facility; and 

3 ‘‘(iii) to conduct a financial analysis 

4 of— 

5 ‘‘(I) the project; and 

6 ‘‘(II) the transferred works oper7 ating entity or project beneficiary re8 sponsible for repayment of reimburs9 able costs. 

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

11 the date on which an application period closes under 

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

13 Committees on Energy and Natural Resources and 

14 Appropriations of the Senate and the Committees on 

15 Natural Resources and Appropriations of the House 

16 of Representatives a report that— 

17 ‘‘(A) identifies each project eligible for 

18 funds and extended repayment under this sub19 section; 

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

21 identified under subparagraph (A), includes— 

22 ‘‘(i) a description of— 

23 ‘‘(I) the eligible project; 

24 ‘‘(II) the anticipated cost and du25 ration of the eligible project; and 


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1 ‘‘(III) any remaining engineering 

2 or environmental compliance that is 

3 required before the eligible project 

4 commences; 

5 ‘‘(ii) an analysis of— 

6 ‘‘(I) the repayment period pro7 posed in the application; and 

8 ‘‘(II) if the Secretary rec9 ommends a minimum necessary repay10 ment period that is different than the 

11 repayment period proposed in the ap12 plication, the minimum necessary re13 payment period recommended by the 

14 Secretary; 

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

16 affordability of water of— 

17 ‘‘(I) the repayment period pro18 posed in the application; and 

19 ‘‘(II) if the Secretary rec20 ommends a minimum necessary repay21 ment period that is different than the 

22 repayment period proposed in the ap23 plication, the minimum necessary re24 payment period recommended by the 

25 Secretary; and 


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1 ‘‘(iv) an analysis of alternative non2 Federal funding options; and 

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

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

5 SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR THE 

6 RECLAMATION SAFETY OF DAMS ACT OF 1978. 

7 Section 5 of the Reclamation Safety of Dams Act of 

8 1978 (43 U.S.C. 509) is amended, in the first sentence, 

9 by inserting ‘‘, and, effective October 1, 2019, not to ex10 ceed an additional $550,000,000 (October 1, 2019, price 

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

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

13 PROJECT. 

14 (a) DEFINITIONS.—In this section: 

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

16 Bureau of Reclamation. 

17 (2) ELIGIBLE WORKS.— 

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

19 works’’ means a reserved works, or a trans20 ferred works for which— 

21 (i) the flood control rule curve has not 

22 been substantially adjusted during the 10- 

23 year period ending on the date of enact24 ment of this Act; and 


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1 (ii) the Secretary receives a request in 

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

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

4 works’’ does not include— 

5 (i) any project authorized by the 

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

7 617 et seq.); 

8 (ii) any project authorized by the Act 

9 of April 11, 1956 (commonly known as the 

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

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

12 (iii) any project of the Pick-Sloan 

13 Missouri River Basin Program (authorized 

14 by section 9 of the Act of December 22, 

15 1944 (commonly known as the ‘‘Flood 

16 Control Act of 1944’’) (58 Stat. 891, chap17 ter 665)). 

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

19 means the pilot project established under subsection 

20 (b). 

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

22 Secretary of the Interior. 

23 (b) ESTABLISHMENT OF PILOT PROJECT.—The Sec24 retary shall establish within the Bureau a pilot project to 


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1 adjust flood control rule curves in accordance with sub2 section (d). 

3 (c) SELECTION OF ELIGIBLE WORKS.— 

4 (1) REQUEST.— 

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

6 works to be selected for inclusion in the pilot 

7 project, a responsible party shall submit a writ8 ten request to the Secretary. 

9 (B) NOTICE.—Not later than 30 days 

10 after the date on which the Secretary receives 

11 a request under subparagraph (A), the Sec12 retary shall notify— 

13 (i) each responsible party of that re14 quest, using lists maintained by the Bu15 reau; and 

16 (ii) if applicable, the appropriate Fed17 eral power marketing administration. 

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

19 shall— 

20 (A) select 1 or more eligible works for in21 clusion in the pilot project; and 

22 (B) submit a list of those eligible works 

23 to— 

24 (i) the Secretary of the Army; 


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1 (ii) the Committee on Natural Re2 sources of the House of Representatives; 

3 and 

4 (iii) the Committee on Energy and 

5 Natural Resources of the Senate. 

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

7 an eligible works for inclusion in the pilot project 

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

9 after the date on which the notice is provided to 

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

11 majority of the responsible parties submit to the 

12 Secretary an objection to the inclusion of the eligible 

13 works in the pilot project. 

14 (d) ADJUSTMENT OF FLOOD CONTROL RULE.— 

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

16 of an eligible works shall be adjusted pursuant to 

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

18 U.S.C. 709), if the Secretary of the Army deter19 mines that the adjustment would enhance the au20 thorized purposes of the eligible works. 

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

22 flood control rule curve under paragraph (1), the fol23 lowing factors shall be considered: 

24 (A) Forecast-informed reservoir operations. 

25 (B) Improved hydrologic forecasting for— 


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1 (i) precipitation; 

2 (ii) snowpack; 

3 (iii) runoff; and 

4 (iv) soil moisture conditions. 

5 (C) Any new watershed data, including 

6 data provided by a responsible party for the eli7 gible works. 

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

9 flood control rule curve under paragraph (1), the fol10 lowing entities shall be consulted: 

11 (A) Each responsible party for the eligible 

12 works. 

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

14 produces power marketed by the Federal Gov15 ernment, the Federal power marketing adminis16 tration that markets the power. 

17 (C) The Secretary. 

18 (e) CONSULTATION.—The Secretary shall consult 

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

20 taken by the Secretary of the Army— 

21 (1) pursuant to section 7 of the Act of Decem22 ber 22, 1944 (33 U.S.C. 709); and 

23 (2) that relates to the pilot project. 

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

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1 sible parties for eligible works to fund all or a portion of 

2 the cost of carrying out an adjustment under subsection 

3 (d), including a review or revision of operational docu4 ments (including water control plans, water control manu5 als, water control diagrams, release schedules, rule curves, 

6 operational agreements with non-Federal entities, and any 

7 associated environmental documentation). 

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

9 (1) affects or modifies any existing authority to 

10 review or modify— 

11 (A) reservoir operations, including any ex12 isting forecast-informed reservoir operations at 

13 a facility of the Corps of Engineers, such as 

14 Coyote Dam; and 

15 (B) flood control operations; or 

16 (2) affects or modifies any authorized purpose 

17 of any project carried out by the Secretary. 

18 (h) TERMINATION.— 

19 (1) IN GENERAL.—The pilot project shall termi20 nate on the date that is 15 years after the date of 

21 enactment of this Act. 

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

23 under paragraph (1) shall not affect any flood con24 trol rule curve developed as part of the pilot project. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Water Supply Infra3 structure Rehabilitation and Utilization Act’’. 

4 SEC. 2. AGING INFRASTRUCTURE ACCOUNT. 

5 Section 9603 of the Omnibus Public Land Manage6 ment Act of 2009 (43 U.S.C. 510b) is amended by adding 

7 at the end the following: 

8 ‘‘(d) AGING INFRASTRUCTURE ACCOUNT.— 

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

10 the general fund of the Treasury a special account, to 

11 be known as the ‘Aging Infrastructure Account’ (re12 ferred to in this subsection as the ‘Account’), to pro13 vide funds to, and provide for the extended repayment 

14 of the funds by, a transferred works operating entity 

15 or project beneficiary responsible for repayment of re16 imbursable costs for the conduct of extraordinary op17 eration and maintenance work at a project facility, 

18 which shall consist of— 

19 ‘‘(A) any amounts that are specifically ap20 propriated to the Account under section 9605; 

21 and 

22 ‘‘(B) any amounts deposited in the Account 

23 under paragraph (3)(B). 

24 ‘‘(2) EXPENDITURES.—Subject to appropriations 

25 and paragraph (3), the Secretary may expend 

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1 tended repayment of the funds for eligible projects 

2 identified in a report submitted under paragraph 

3 (5)(A). 

4 ‘‘(3) REPAYMENT CONTRACT.— 

5 ‘‘(A) IN GENERAL.—The Secretary may not 

6 expend amounts under paragraph (2) with re7 spect to an eligible project described in that 

8 paragraph unless the transferred works operating 

9 entity or project beneficiary responsible for re10 payment of reimbursable costs has entered into a 

11 contract to repay the amounts under subsection 

12 (b)(2). 

13 ‘‘(B) DEPOSIT OF REPAID FUNDS.— 

14 Amounts repaid by a transferred works oper15 ating entity or project beneficiary responsible for 

16 repayment of reimbursable costs receiving funds 

17 under a repayment contract entered into under 

18 this subsection shall be deposited in the Account 

19 and shall be available to the Secretary for ex20 penditure in accordance with this subsection 

21 without further appropriation. 

22 ‘‘(4) APPLICATION FOR FUNDING.— 

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

24 fiscal year, the Secretary shall accept, during an 

25 application period established by the Secretary, 


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1 applications from transferred works operating 

2 entities or project beneficiaries responsible for 

3 payment of reimbursable costs for funds and ex4 tended repayment for eligible projects. 

5 ‘‘(B) ELIGIBLE PROJECT.—A project eligible 

6 for funding and extended repayment under this 

7 subsection is a project that— 

8 ‘‘(i) qualifies as an extraordinary op9 eration and maintenance work under this 

10 section; 

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

12 maintenance of a mission-critical asset; and 

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

14 or funded under the repayment provisions 

15 of section 4(c) of the Reclamation Safety of 

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

17 ‘‘(C) GUIDELINES FOR APPLICATIONS.—Not 

18 later than 60 days after the date of enactment of 

19 this subsection, the Secretary shall issue guide20 lines describing the information required to be 

21 provided in an application for funding and ex22 tended repayment under this subsection that re23 quire, at a minimum— 

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

25 which the funds are requested; 


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

2 ‘‘(iii) the repayment period requested 

3 by the transferred works operating entity or 

4 project beneficiary responsible for repay5 ment of reimbursable costs; 

6 ‘‘(iv) alternative non-Federal funding 

7 options that have been evaluated; 

8 ‘‘(v) the financial justification for re9 questing an extended repayment period; and 

10 ‘‘(vi) the financial records of the trans11 ferred works operating entity or project ben12 eficiary responsible for repayment of reim13 bursable costs. 

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

15 Secretary shall review each application sub16 mitted under subparagraph (A)— 

17 ‘‘(i) to determine whether the project is 

18 eligible for funds and an extended repay19 ment period under this subsection; 

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

21 been identified by the Bureau of Reclama22 tion as part of the major rehabilitation and 

23 replacement of a project facility; and 

24 ‘‘(iii) to conduct a financial analysis 

25 of— 


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1 ‘‘(I) the project; and 

2 ‘‘(II) the transferred works oper3 ating entity or project beneficiary re4 sponsible for repayment of reimburs5 able costs. 

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

7 date on which an application period closes under 

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

9 Committees on Energy and Natural Resources and 

10 Appropriations of the Senate and the Committees on 

11 Natural Resources and Appropriations of the House 

12 of Representatives a report that— 

13 ‘‘(A) identifies each project eligible for fund14 ing and extended repayment under this sub15 section; 

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

17 identified under subparagraph (A), includes— 

18 ‘‘(i) a description of— 

19 ‘‘(I) the eligible project; 

20 ‘‘(II) the anticipated cost and du21 ration of the eligible project; and 

22 ‘‘(III) any remaining engineering 

23 or environmental compliance that is 

24 required before the eligible project com25 mences; 


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1 ‘‘(ii) an analysis of— 

2 ‘‘(I) the repayment period pro3 posed in the application; and 

4 ‘‘(II) if the Secretary recommends 

5 a minimum necessary repayment pe6 riod that is different than the repay7 ment period proposed in the applica8 tion, the minimum necessary repay9 ment period recommended by the Sec10 retary; and 

11 ‘‘(iii) an analysis of alternative non12 Federal funding options; and 

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

14 Account as of the date of the report. 

15 ‘‘(6) EFFECT OF SUBSECTION.—Nothing in this 

16 subsection affects— 

17 ‘‘(A) any funding provided, or contracts en18 tered into, under subsection (a) before the date of 

19 enactment of this subsection; or 

20 ‘‘(B) the use of funds otherwise made avail21 able to the Secretary to carry out subsection 

22 (a).’’. 


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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, by 

5 inserting ‘‘, and, effective October 1, 2019, not to exceed 

6 an additional $550,000,000 (October 1, 2019, price levels)’’ 

7 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 transferred 

16 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 enactment 

20 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 Boul2 der Canyon Project Act (43 U.S.C. 617 et 

3 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 Mis9 souri River Basin Program (authorized by 

10 section 9 of the Act of December 22, 1944 

11 (commonly known as the ‘‘Flood Control 

12 Act of 1944’’) (58 Stat. 891, chapter 665)). 

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

14 means the pilot project established under subsection 

15 (b). 

16 (4) RESPONSIBLE PARTY.—The term ‘‘respon17 sible party’’ means— 

18 (A) with respect to a reserved works— 

19 (i) a non-Federal water user or power 

20 contractor that has an active repayment, 

21 water service, or power service contract with 

22 the Bureau; 

23 (ii) a power contractor that has an ac24 tive contract with a Federal power mar25 keting administration for energy, capacity, 


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1 or energy and capacity, from a hydropower 

2 facility owned by the Bureau; or 

3 (iii) a non-Federal operating entity, 

4 including a joint powers authority or board 

5 of control, that has assumed responsibility 

6 on behalf of multiple water users, through a 

7 contract with the Bureau, for the operation 

8 and maintenance of the reserved works; and 

9 (B) with respect to a transferred works, the 

10 operating entity of the transferred works. 

11 (5) SECRETARY.—The term ‘‘Secretary’’ means 

12 Secretary of the Interior. 

13 (b) ESTABLISHMENT OF PILOT PROJECT.—The Sec14 retary, in consultation with the Secretary of the Army, shall 

15 establish within the Bureau a pilot project to adjust flood 

16 control rule curves in accordance with subsection (d). 

17 (c) SELECTION OF ELIGIBLE WORKS.— 

18 (1) REQUEST.— 

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

20 works to be selected for inclusion in the pilot 

21 project, a responsible party shall submit a writ22 ten request to the Secretary seeking a flood con23 trol rule curve adjustment. 

24 (B) NOTICE.—Not later than 30 days after 

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1 quest under subparagraph (A), the Secretary 

2 shall notify— 

3 (i) each responsible party of that re4 quest, using lists maintained by the Bu5 reau; and 

6 (ii) if applicable, the appropriate Fed7 eral power marketing administration. 

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

9 shall— 

10 (A) select 1 or more eligible works for inclu11 sion in the pilot project; and 

12 (B) submit a list of those eligible works to— 

13 (i) the Secretary of the Army; 

14 (ii) the Committee on Natural Re15 sources of the House of Representatives; and 

16 (iii) the Committee on Energy and 

17 Natural Resources of the Senate. 

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

19 an eligible works for inclusion in the pilot project 

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

21 after the date on which the notice is provided to each 

22 responsible party under paragraph (1)(B)(i), a ma23 jority of the responsible parties submit to the Sec24 retary an objection to the inclusion of the eligible 

25 works in the pilot project. 


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1 (d) ADJUSTMENT OF A FLOOD CONTROL RULE.— 

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

3 an eligible works shall be adjusted pursuant to section 

4 7 of the Act of December 22, 1944 (33 U.S.C. 709), 

5 if the Secretary of the Army determines that the ad6 justment would enhance the authorized purposes of 

7 the eligible works. 

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

9 flood control rule curve under paragraph (1), the fol10 lowing factors shall be considered: 

11 (A) Forecast-informed reservoir operations. 

12 (B) Improved hydrologic forecasting for— 

13 (i) precipitation; 

14 (ii) snowpack; 

15 (iii) runoff; and 

16 (iv) soil moisture conditions. 

17 (C) Any new watershed data, including 

18 data provided by a responsible party for the eli19 gible works. 

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

21 flood control rule curve under paragraph (1), the fol22 lowing entities shall be consulted: 

23 (A) Each responsible party for the eligible 

24 works. 


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

2 produces power marketed by the Federal Govern3 ment, the Federal power marketing administra4 tion that markets the power. 

5 (C) The Secretary. 

6 (e) CONSULTATION.—The Secretary shall consult with 

7 the Secretary of the Army with respect to any action taken 

8 by the Secretary of the Army— 

9 (1) pursuant to section 7 of the Act of December 

10 22, 1944 (33 U.S.C. 709); and 

11 (2) that relates to the pilot project. 

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

13 Army, as appropriate, may accept amounts from respon14 sible parties for eligible works to fund all or a portion of 

15 the cost of carrying out an adjustment of a flood control 

16 rule under subsection (d), including a review or revision 

17 of operational documents (including water control plans, 

18 water control manuals, water control diagrams, release 

19 schedules, rule curves, operational agreements with non20 Federal entities, and any associated environmental docu21 mentation). 

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

23 (1) affects or modifies any existing authority to 

24 review or modify— 


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1 (A) reservoir operations, including any ex2 isting forecast-informed reservoir operations at a 

3 facility of the Corps of Engineers, such as Coyote 

4 Dam; and 

5 (B) flood control operations; or 

6 (2) affects or modifies any authorized purpose of 

7 any project carried out by the Secretary. 

8 (h) TERMINATION.— 

9 (1) IN GENERAL.—The pilot project shall termi10 nate on the date that is 15 years after the date of en11 actment of this Act. 

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

13 under paragraph (1) shall not affect any flood control 

14 rule curve developed as part of the pilot project. 


kjohnson on DSK79L0C42 with BILLS

kjohnson on DSK79L0C42 with BILLS
Calendar No. 277 

116TH CONGRESS 

1ST SESSION S. 2044 

[Report No. 116–156] 

A BILL 

To amend the Omnibus Public Land Management 

Reclamation, and for other purposes. trol rule curves pilot project within the Bureau of under that Act, to establish a review of flood conDams Act of 1978 to provide additional funds Account, to amend the Reclamation Safety of Act of 2009 to establish an Aging Infrastructure 

OCTOBER 29, 2019 

Reported with an amendment 


kjohnson on DSK79L0C42 with BILLS