Memorandum of understanding to address potential impacts of a certain record of decision on the Upper Colorado River Basin Fund

(a)

In general

As soon as practicable after the date of enactment of this Act, the Secretary of the Interior, acting through the Commissioner of Reclamation, and the Secretary of Energy, acting through the Administrator of the Western Area Power Administration, in consultation with the Glen Canyon Dam Adaptive Management Work Group, shall enter into a memorandum of understanding to explore and address the impact that the record of decision entitled the Supplement to the 2016 Glen Canyon Dam Long-Term Experimental and Management Plan Record of Decision and dated July 2024 (referred to in this section as the record of decision) has on the Upper Colorado River Basin Fund (referred to in this section as the Fund).(b)

Required plan

The memorandum of understanding entered into under subsection (a) shall, using information derived from existing hydropower contracts, include the establishment of a plan to—(1)address the effects that the record of decision may have on Fund obligations including routine operations, maintenance, and replacement of critical infrastructure;(2)address the impact that the record of decision has on hydropower production at Glen Canyon Dam, including costs to replace hydropower resources and grid reliability; and(3)identify impacts that the record of decision has had on species listed as a threatened species or an endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).(c)

Savings clauses

Nothing in this Act shall preempt rights or obligations under subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act).