Title: A bill to address the recovery of certain costs with respect to certain Reclamation facilities in the Colorado River Basin, and for other purposes.
Policy area: Water Resources Development

Summary:
This bill prohibits the federal government from recovering certain costs related to certain hydropower facilities in the Colorado River Basin (e.g., Glen Canyon Dam in Arizona) when no power is being produced. The bill provides funding to the Bureau of Reclamation and the Western Area Power Administration to cover activities and obligations that otherwise rely on the recovery of these costs.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4232 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4232

   To address the recovery of certain costs with respect to certain 
   Reclamation facilities in the Colorado River Basin, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2022

   Mr. Kelly introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To address the recovery of certain costs with respect to certain 
   Reclamation facilities in the Colorado River Basin, 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. RECOVERY OF CERTAIN COSTS WITH RESPECT TO CERTAIN COLORADO 
              RIVER BASIN RECLAMATION FACILITIES.

    (a) In General.--With respect to hydropower production from any 
Reclamation facility in the Colorado River Basin with hydropower as an 
authorized project purpose, the Secretary of the Interior shall not--
            (1) allocate to preference hydropower contractors who 
        receive power from the applicable Reclamation facility any 
        operations and maintenance costs for any period during which 
        the applicable facility is not able to generate hydropower as a 
        result of dry hydrologic conditions; or
            (2) recover from preference hydropower contractors 
        construction costs for the Reclamation facility for any water 
        year during which, for a period of more than 180 days, no power 
        is produced by the applicable facility.
    (b) Nonreimbursable Costs.--Any costs incurred by the United States 
under subsection (a) shall be nonreimbursable to the United States.
    (c) Effect.--Nothing in this section alters or affects any water 
right with respect to--
            (1) the United States;
            (2) any Indian Tribe, band, or community;
            (3) any State or political subdivision of a State; or
            (4) any person.
    (d) Funding.--In addition to amounts otherwise available, there is 
appropriated to the Secretary of the Interior and the Administrator of 
the Western Area Power Administration for each fiscal year, out of any 
funds in the Treasury not otherwise appropriated, such sums as are 
necessary for the Secretary of the Interior and the Administrator of 
the Western Area Power Administration, respectively, to carry out 
authorized activities and obligations that would otherwise be carried 
out using amounts collected from preference hydropower contractors as 
payments for the costs described in subsection (a).
                                 <all>