I 
117TH CONGRESS 
2D SESSION 
H. R. 9399 
To require assessments of opportunities to install and maintain floating photo-
voltaic solar panels at Corps of Engineers and Bureau of Reclamation 
projects, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 1, 2022 
Mr. TONKO (for himself and Mr. HUFFMAN) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committee on Natural Resources, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To require assessments of opportunities to install and main-
tain floating photovoltaic solar panels at Corps of Engi-
neers and Bureau of Reclamation projects, 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 ‘‘Protect Our Waters 
and Expand Renewables on Our Reservoirs Act’’ or the 
‘‘POWER Our Reservoirs Act’’. 
VerDate Sep 11 2014 
04:11 Dec 07, 2022
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H9399.IH
H9399
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. FLOATING SOLAR ENERGY AT CORPS OF ENGI-
NEERS PROJECTS. 
(a) ASSESSMENT.— 
(1) IN
GENERAL.—The Chief of Engineers 
shall, at Federal expense, conduct an assessment, in 
consultation with the Secretary of Energy, of oppor-
tunities to install and maintain floating photovoltaic 
solar panels at Corps of Engineers projects. 
(2) CONTENTS.—In carrying out paragraph (1), 
the Chief of Engineers shall— 
(A) describe the economic, environmental, 
and technical viability of installing and main-
taining, or contracting with third parties to in-
stall and maintain, floating photovoltaic solar 
panels at Corps of Engineers projects; 
(B) identify Corps of Engineers projects 
with a high potential for the installation and 
maintenance of floating photovoltaic solar pan-
els, and whether such installation and mainte-
nance would require additional authorization; 
(C) account for potential effects on Corps 
of Engineers projects, and the authorized pur-
poses of such projects, of installing and main-
taining floating photovoltaic solar panels at 
such projects, including potential effects related 
to evaporation suppression, energy yield, dam 
VerDate Sep 11 2014 
04:11 Dec 07, 2022
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H9399.IH
H9399
kjohnson on DSK79L0C42PROD with BILLS
safety, recreation, water quality, and fish and 
wildlife; 
(D) account for potential damage to float-
ing photovoltaic solar panels from weather, 
water level fluctuations, and recreational and 
other uses of the Corps of Engineers projects; 
and 
(E) account for the availability of electric 
grid infrastructure close to Corps of Engineers 
projects, including underutilized transmission 
infrastructure. 
(b) REPORT
TO CONGRESS.—Not later than 18 
months after the date of enactment of this Act, the Chief 
of Engineers shall submit to Congress, and make publicly 
available (including on a publicly available website), a re-
port containing the results of the assessment conducted 
under subsection (a). 
(c) SUSTAINABILITY REPORTS.—Beginning not later 
than 24 months after the date of enactment of this Act, 
the Chief of Engineers shall include renewable energy 
from floating photovoltaic solar panels as part of any Sus-
tainability Report and Implementation Plan of the Corps 
of Engineers. 
(d) PILOT PROGRAM.— 
VerDate Sep 11 2014 
04:11 Dec 07, 2022
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H9399.IH
H9399
kjohnson on DSK79L0C42PROD with BILLS
(1) IN GENERAL.—Not later than 24 months 
after the date of enactment of this Act, if supported 
by the results of the assessment conducted under 
subsection (a), the Chief of Engineers shall establish 
a pilot program for the deployment of floating pho-
tovoltaic solar panels at Corps of Engineers projects 
identified under paragraph (2)(B) of such subsection 
with respect to which any applicable non-Federal in-
terest for the project— 
(A) agrees to invest in and deploy floating 
photovoltaic solar panels; and 
(B) has the authority to enter into agree-
ments, including through public-private partner-
ships, for the purpose of carrying out such ac-
tivities. 
(2) COST SHARE.—In carrying out a project 
under this subsection, the Chief of Engineers may 
cover up to 100 percent of the cost of such project. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Chief of Engineers 
$12,000,000, to remain available until expended, to carry 
out this section. 
(f) NO EFFECT ON PROJECT PURPOSES.—Nothing 
in this section affects the authorized purposes of a Corps 
of Engineers project. 
VerDate Sep 11 2014 
04:11 Dec 07, 2022
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H9399.IH
H9399
kjohnson on DSK79L0C42PROD with BILLS
(g) DEFINITIONS.—In this section: 
(1) CHIEF OF ENGINEERS.—The term ‘‘Chief of 
Engineers’’ means the Secretary of the Army, acting 
through the Chief of Engineers. 
(2) CORPS OF ENGINEERS PROJECT.—The term 
‘‘Corps of Engineers project’’ means any water re-
sources development project constructed by the Chief 
of Engineers or for which the Chief of Engineers has 
financial or operational responsibility. 
SEC. 3. FLOATING SOLAR ENERGY AT BUREAU OF REC-
LAMATION PROJECTS. 
(a) ASSESSMENT.— 
(1) IN GENERAL.—The Commissioner shall, at 
Federal expense, conduct an assessment, in con-
sultation with the Secretary of Energy, of opportuni-
ties to install and maintain floating photovoltaic 
solar panels at Reclamation projects. 
(2) CONTENTS.—In carrying out paragraph (1), 
the Commissioner shall— 
(A) describe the economic, environmental, 
and technical feasibility of installing and main-
taining, or contracting with third parties to in-
stall and maintain, photovoltaic solar panels at 
Reclamation projects; 
VerDate Sep 11 2014 
04:11 Dec 07, 2022
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H9399.IH
H9399
kjohnson on DSK79L0C42PROD with BILLS
(B) identify Reclamation projects with a 
high potential for the installation and mainte-
nance of floating photovoltaic solar panels, and 
whether such installation and maintenance 
would require additional authorization; 
(C) account for potential effects on Rec-
lamation projects, and the authorized purposes 
of such projects, of installing and maintaining 
floating photovoltaic solar panels at such 
projects, including potential effects related to 
evaporation suppression, energy yield, dam safe-
ty, recreation, water quality, and fish and wild-
life; 
(D) account for potential damage to float-
ing photovoltaic solar panels from weather, 
water level fluctuations, and recreational and 
other uses of the Reclamation projects; and 
(E) account for the availability of electric 
grid 
infrastructure 
close 
to 
Reclamation 
projects, including underutilized transmission 
infrastructure. 
(b) REPORT
TO CONGRESS.—Not later than 18 
months after the date of enactment of this Act, the Com-
missioner shall submit to Congress, and make publicly 
available (including on a publicly available website), a re-
VerDate Sep 11 2014 
04:11 Dec 07, 2022
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H9399.IH
H9399
kjohnson on DSK79L0C42PROD with BILLS
port containing the results of the assessment conducted 
under subsection (a). 
(c) PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than 24 months 
after the date of enactment of this Act, if supported 
by the results of the assessment conducted under 
subsection (a), the Commissioner shall establish a 
pilot program for the deployment of floating photo-
voltaic solar panels at Reclamation projects identi-
fied under paragraph (2)(B) of such subsection with 
respect to which any applicable non-Federal entity 
for the project— 
(A) agrees to invest in and deploy floating 
photovoltaic solar panels; and 
(B) has the authority to enter into agree-
ments, including through public-private partner-
ships, for the purpose of carrying out such ac-
tivities. 
(2) COST SHARE.—In carrying out a project 
under this subsection, the Commissioner may cover 
up to 100 percent of the cost of such project. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Commissioner 
$12,000,000, to remain available until expended, to carry 
out this section. 
VerDate Sep 11 2014 
04:11 Dec 07, 2022
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H9399.IH
H9399
kjohnson on DSK79L0C42PROD with BILLS
(e) NO EFFECT ON PROJECT PURPOSES.—Nothing 
in this section affects the authorized purposes of a Rec-
lamation project. 
(f) DEFINITIONS.—In this section: 
(1) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Secretary of the Interior, acting 
through the Commissioner of Reclamation. 
(2) RECLAMATION PROJECT.—The term ‘‘Rec-
lamation project’’ means— 
(A) any reclamation or irrigation project, 
including incidental features of the project— 
(i) that is authorized by the Federal 
reclamation laws; 
(ii) that is constructed by the United 
States pursuant to the Federal reclamation 
laws; or 
(iii) in connection with which there is 
a repayment or water service contract exe-
cuted by the United States pursuant to the 
Federal reclamation laws; or 
(B) any project constructed by the Sec-
retary of the Interior for the reclamation of 
land. 
Æ 
VerDate Sep 11 2014 
04:11 Dec 07, 2022
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H9399.IH
H9399
kjohnson on DSK79L0C42PROD with BILLS