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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be referred to as the ‘‘Critical Infra-
structure Act of 2019’’. 
SEC. 2. TRANSPARENCY AND REPORTING. 
(a) INFORMATION INCLUDED IN MONTHLY BILLING 
TO POWER CUSTOMERS.—The Administrators of each of 
the Bonneville Power Administration, the Western Area 
Power Administration, the Southwestern Power Adminis-
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tration, and the Southeastern Power Administration shall 
include in monthly billings sent to each of their power cus-
tomers information estimating and reporting all costs and 
factors affecting total power costs, including the costs of 
the customer’s share of the direct and indirect costs that 
are incurred by the administration related to compliance 
with any Federal environmental laws impacting the con-
servation of fish and wildlife considered by the Adminis-
trator concerned, at that Administrator’s sole discretion 
after consultation with consumers, to be relevant. 
(b) DIRECT COSTS.—Direct costs reported under this 
section shall include Federal agency obligations related 
to— 
(1) costs of studies; 
(2) capital, operation, maintenance, and re-
placement costs; and 
(3) staffing costs. 
(c) INDIRECT COSTS.—Indirect costs reported under 
this section shall include foregone generation (including 
as a result of water lost to comply with any Federal envi-
ronmental laws impacting the conservation of fish and 
wildlife), and replacement power costs, including the net 
costs of any transmission. 
(d) COORDINATION.—The Commissioner of the Bu-
reau of Reclamation and the head of any other affected 
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Federal agency shall assist the Administrators with the 
identification of the costs. 
(e) REPORT.—No later than January 30 of each 
year, each of the Administrators referred to in subsection 
(a), in coordination with the Bureau of Reclamation and 
other affected Federal agencies, shall provide an annual 
report to the appropriate committees of the House of Rep-
resentatives and the Senate that includes— 
(1) all estimated costs and factors affecting 
total power costs, including estimates of the total di-
rect and indirect costs that are incurred by the ad-
ministration related to compliance with any Federal 
environmental laws impacting the conservation of 
fish and wildlife considered by the Administrator 
concerned, at that Administrator’s sole discretion 
after consultation with consumers, to be relevant; 
and 
(2) the sources of replacement power. 
SEC. 3. PROHIBITION OF DESIGNATION OF CERTAIN HABI-
TAT IN AN ARTIFICIAL WATER DELIVERY OR 
STORAGE FACILITY AS CRITICAL HABITAT. 
Section 4(a)(3) of the Endangered Species Act of 
1973 (16 U.S.C. 1533(a)(3)) is amended by adding at the 
end the following: 
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‘‘(C) The Secretary shall not designate as critical 
habitat any area in a water storage reservoir, water diver-
sion structure, canal, or other water storage, diversion, or 
delivery facility, where habitat is periodically created and 
destroyed as a result of changes in water levels caused 
by the operation of such facility.’’. 
SEC. 4. POWERLINES ACCESS CATEGORICAL EXCLUSION. 
Any project to install or maintain electrical trans-
mission poles or powerlines shall be categorically excluded 
under the National Environmental Policy Act (42 U.S.C. 
4321 et seq.). 
SEC. 5. SPECIES PRESENCE IN BUFFER RIGHT-OF-WAY CAT-
EGORICAL EXCLUSION. 
Notwithstanding any other provision of law, a con-
struction project that includes a buffer area shall be cat-
egorically excluded under the National Environmental Pol-
icy Act (42 U.S.C. 4321 et seq.) if the project would other-
wise only require an assessment under such Act because 
of the presence of prairie dogs in such buffer area. 
Æ 
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