Federal Columbia River Power System Certainty Act
Bill: H.R.8016 | Sponsor: Rep. Newhouse, Dan (R-WA)
Policy area: Water Resources Development

Summary:
Federal Columbia River Power System Certainty Act
This bill requires Federal Columbia River Power System (FCRPS) operations to be consistent with a specified decision. The system includes dams in the Columbia and Snake rivers in the Pacific Northwest.
Specifically, the Bureau of Reclamation, the Bonneville Power Administration, and the U.S. Army Corps of Engineers must operate the FCRPS consistent with the Columbia River System Operations Environmental Impact Statement Record of Decision dated September 2020. The preferred alternative outlined in that decision would allow specified dams in the lower Snake River to remain in place.
The decision may be amended if each agency determines that (1) changes are necessary for public safety or electrical grid reliability, or (2) certain requirements in the decision are no longer necessary.
Further, the bill requires statutory authorization for any structural modification, action, study, or engineering plan that (1) restricts FCRPS hydroelectric dam generation; or (2) limits navigation on the Snake River in Washington, Oregon, or Idaho.

To provide for operations of the Federal Columbia River Power System 
 pursuant to a certain operation plan for a specified period of time, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    The Act may be cited as the ``Federal Columbia River Power System 
Certainty Act''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) FCRPS.--The term ``FCRPS'' means those portions of the 
        Federal Columbia River Power System that are the subject of the 
        Supplemental Opinion.
            (2) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of the Interior, acting through 
                the Bureau of Reclamation;
                    (B) the Secretary of Energy, acting through the 
                Bonneville Power Administration; and
                    (C) the Secretary of the Army, acting through the 
                Army Corps of Engineers.
            (3) Supplemental opinion.--The term ``Supplemental 
        Opinion'' means the document titled ``Columbia River System 
        Operations Environmental Impact Statement Record of Decision'', 
        and dated September 2020.

SEC. 3. OPERATION OF FCRPS.

    The Secretaries shall operate the FCRPS in a manner consistent with 
the reasonable and prudent alternative set forth in the Supplemental 
Opinion.

SEC. 4. AMENDMENTS TO SUPPLEMENTAL OPINION.

    (a) In General.--Notwithstanding section 3, the Secretaries may 
amend portions of the Supplemental Opinion and operate the FCRPS in 
accordance with such amendments if all of the Secretaries determine, in 
the sole discretion of each Secretary, that--
            (1) the amendment is necessary for public safety or 
        transmission and grid reliability; or
            (2) the actions, operations, or other requirements that the 
        amendment would remove are no longer warranted.
    (b) Restriction on Amendments.--The process described in subsection 
(a) shall be the only method by which the Secretaries may operate the 
FCRPS in any way that is not consistent with the reasonable and prudent 
alternative set forth in the Supplemental Opinion.

SEC. 5. LIMITATION ON RESTRICTING FCRPS ELECTRICAL GENERATION; 
              CLARIFICATION.

    (a) Restricting FCRPS Electrical Generation.--No structural 
modification, action, study, or engineering plan that restricts 
electrical generation at any FCRPS hydroelectric dam, or that limits 
navigation on the Snake River in the State of Washington, Oregon, or 
Idaho, shall proceed unless such proposal is specifically and expressly 
authorized by a Federal statute enacted after the date of the enactment 
of this Act.
    (b) Clarification.--Nothing in this section affects or interferes 
with the authority of the Secretaries to conduct operation and 
maintenance activities or make capital improvements necessary to meet 
authorized project purposes of FCRPS facilities.
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