I 
119TH CONGRESS 
1ST SESSION H. R. 2074 
To prohibit the breaching of federally operated dams in certain circumstances, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2025 
Mr. NEWHOUSE (for himself, Mr. BAUMGARTNER, Mr. FULCHER, and Mr. 
BENTZ) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Natural Resources, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To prohibit the breaching of federally operated dams in 
certain circumstances, 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 cited as the ‘‘Protecting Our Water 
Energy Resources Act’’ or the ‘‘POWER Act’’. 
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SEC. 2. PROHIBITION ON BREACHING OF FEDERALLY OP-
ERATED DAMS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of the Army may not breach 
a federally operated dam— 
(1) if the Secretary determines that such 
breach— 
(A) would result in an increase in carbon 
emissions by more than 5 percent; 
(B) would make the body of water im-
pacted by the breach less navigable for commer-
cial interests; or 
(C) would result in increase of at least 5 
percent of the price of any products, including 
agricultural products, shipped via the body of 
water impacted by the breach; or 
(2) if the energy resource intended to replace 
such dam as a result of such breach would occupy 
an area of land that is larger in acreage than the 
area occupied by such dam by at least 5 percent. 
(b) CONSULTATION.—In making the determinations 
required under subsection (a)(1), the Secretary shall— 
(1) consult with the Secretary of Energy with 
respect to the determination described in subpara-
graph (A) of such subsection; 
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(2) consult with the Secretary of Transpor-
tation with respect to the determination described 
subparagraph (B) of such subsection; 
(3) consult with the Secretary of Agriculture 
and the Secretary of Commerce with respect to the 
determination described in subparagraph (C) of such 
subsection; and 
(4) consult with the relevant agencies in the 
State in which the dam proposed to be breached is 
located. 
(c) STUDY REQUIRED.—If the Secretary considers 
breaching a federally operated dam, the Secretary, in co-
ordination with the Secretary of the Interior, shall conduct 
a study analyzing the number of acres of land such dam 
occupies. 
SEC. 3. PROHIBITION ON RETIREMENT OF ENERGY GEN-
ERATION SOURCES. 
(a) IN GENERAL.—The Secretary shall not retire an 
energy generation source if the retirement of that energy 
generation source would— 
(1) raise customer electricity rates by more 
than 5 percent; or 
(2) decrease energy reliability, as determined by 
the Administrator of the Bonneville Power Adminis-
tration, in any portion of Washington, Oregon, 
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Idaho, Montana, Wyoming, and California by more 
than 5 percent of the energy reliability as compared 
to the 12 month period before the retirement. 
(b) REPLACEMENT OF BASELOAD GENERATION.— 
Not later than 30 days after retiring an energy generation 
source, the Secretary shall ensure that not less than 100 
percent of the baseload generation of the retired energy 
generation source has been replaced. 
(c) DEFINITIONS.—In this section: 
(1) BASELOAD GENERATION.—The term ‘‘base-
load generation’’ means the the minimum amount of 
electric power supplied to an electrical grid. 
(2) ENERGY GENERATION SOURCE.—The term 
‘‘energy generation source’’ means a federally oper-
ated dam that generates hydropower. 
(3) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means— 
(A) the Secretary of the Interior, in ref-
erence to an energy generation source operated 
by the Bureau of Reclamation; and 
(B) the Secretary of the Army, in ref-
erence to an energy generation source operated 
by the Army Corps of Engineers. 
Æ 
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