[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5595 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5595

   To direct the Secretary of the Army, acting through the Chief of 
    Engineers, to revise the water manuals of certain flood control 
                   projects, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2016

Mr. Huffman (for himself, Mrs. Napolitano, Mr. Cartwright, Ms. Speier, 
 Mr. McNerney, Ms. Lee, Mr. Peters, and Mr. Garamendi) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of the Army, acting through the Chief of 
    Engineers, to revise the water manuals of certain flood control 
                   projects, 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.

    This Act may be cited as the ``Reservoir Operations Improvement 
Act''.

SEC. 2. REVISION OF WATER MANUALS.

    (a) In General.--Not later than 18 months after the date on which 
the Secretary of the Army, acting through the Chief of Engineers, 
identifies all eligible projects under section 3(c), the Secretary 
shall revise the water manuals of not more than 15 such projects 
(including not fewer than 6 projects that are not wholly owned and 
operated by the Corps of Engineers, if a sufficient number of such 
projects are identified) in accordance with this section.
    (b) Data for Revisions.--A revision of a water manual under 
subsection (a) shall incorporate--
            (1) a forecast-informed reservoir operations plan, in 
        accordance with subsection (c);
            (2) new watershed data; and
            (3) as applicable, the effects of any structural 
        improvement completed after the date of the most recent 
        revision of the water manual.
    (c) Forecast-Informed Reservoir Operations Plan.--The Secretary, in 
collaboration with the Administrator of the National Oceanic and 
Atmospheric Administration, shall create a forecast-informed reservoir 
operations plan for each selected project and incorporate such a plan 
into the applicable revision of a water manual under subsection (a). A 
forecast-informed reservoir operations plan shall include each of the 
following components:
            (1) A consideration of the relationship between ocean and 
        atmospheric conditions, including the El Nino and La Nina 
        cycles, and the potential for above-normal, normal, or below-
        normal rainfall for the coming water year, including a 
        consideration of atmospheric river forecasts.
            (2) The precipitation and runoff index specific to the 
        basin and watershed in which the relevant project is located, 
        including information regarding the hydrological and 
        meteorological conditions, at each 10-digit hydrologic unit (as 
        defined by the U.S. Geological Survey) within such watershed, 
        that influence the timing and quantity of runoff.
            (3) Updated hydrologic forecasting for precipitation, 
        snowpack, and soil moisture conditions.
            (4) An adjustment of flood control rule curves to optimize, 
        as applicable, water supply storage and reliability, hydropower 
        production, environmental benefits related to flows and 
        temperature, or other authorized project benefits, without a 
        reduction in flood safety.
            (5) Proactive management in response to changes in 
        forecasts.
    (d) Consultation and Coordination Requirement.--In revising a water 
manual under subsection (a), the Secretary shall--
            (1) consult with affected entities, including--
                    (A) non-Federal interests responsible for the 
                operations and maintenance costs of the flood control 
                project for which the water manual is to be revised;
                    (B) water rights holders;
                    (C) individuals or entities with a right to any 
                portion of the water within the reservoir of such 
                project; and
                    (D) local agencies with flood control 
                responsibilities downstream of such project; and
            (2) enter into a cooperative agreement, memorandum of 
        understanding, or other agreement with each non-Federal 
        interest for the project, describing the scope and goals of the 
        revision and the coordination among the parties.
    (e) Report.--Not later than 180 days after the date on which the 
Secretary completes a revision of a water manual under subsection (a), 
the Secretary shall submit to Congress a report regarding the 
components of the forecast-informed reservoir operations plan 
incorporated into such revision.
    (f) Funding.--The Secretary may accept and expend amounts from non-
Federal interests to fund all or a portion of the costs of carrying out 
a revision of a water manual under this section.

SEC. 3. IDENTIFICATION OF ELIGIBLE PROJECTS.

    (a) Report on Flood Control Projects.--Not later than 180 days 
after the date of enactment of this Act, the Secretary shall submit to 
the Committees on Appropriations and Environment and Public Works of 
the Senate and the Committees on Appropriations and Transportation and 
Infrastructure of the House of Representatives a report that includes, 
with respect to any State that is a drought State during water year 
2015 or 2016--
            (1) a list of each flood control project located in such a 
        State;
            (2) the year during which the original water manual for 
        each such project was approved;
            (3) the year or years during which any revisions to the 
        water manual of any such project occurred or are requested to 
        occur;
            (4) a list of each such project for which operational 
        deviations for drought contingency have been requested, and the 
        status of such request;
            (5) a list of each such project for which permanent or 
        seasonal changes to storage allocations have been requested, 
        and the status of such request; and
            (6) a description of the means by which water conservation 
        and water quality improvements were addressed in any response 
        to a request under paragraph (4) or (5).
    (b) Incorporation of Prior Studies.--The Secretary shall 
incorporate into the report under subsection (a) any information or 
finding that is--
            (1) included in or gathered for a report required by 
        section 1046(a)(2) of the Water Resources Reform and 
        Development Act of 2014 (33 U.S.C. 2319 note); and
            (2) relevant to the subject matter of the report under 
        subsection (a) of this section.
    (c) Eligible Projects.--Not later than 60 days after the date on 
which the report under subsection (a) is submitted, the Secretary shall 
identify each flood control project--
            (1) that is included in the report under subsection (a);
            (2) that includes a reservoir; and
            (3) for which a non-Federal interest has submitted to the 
        Secretary a written request, pursuant to subsection (d), to 
        revise the water manual for the project.
    (d) Written Request.--Not later than 60 days after the date of 
enactment of this Act, the Secretary shall publish in the Federal 
Register the manner in which a non-Federal interest for a flood control 
project may submit to the Secretary a written request under subsection 
(c)(3) to revise the water manual for the project.

SEC. 4. EFFECTS.

    (a) Authorized Purposes of Projects.--
            (1) No effect on existing purposes.--In accordance with all 
        applicable laws, a revision of a water manual under section 
        2(a) may not reduce the water supply for any authorized 
        purpose, other than flood control, of a flood control project.
            (2) New purposes not authorized.--Nothing in this Act 
        authorizes the Secretary to carry out, with respect to any 
        flood control project, any activity for a purpose not 
        authorized on the day before the date of enactment of this Act.
    (b) State Law.--Nothing in this Act--
            (1) affects or modifies any obligation of the Secretary 
        under State law; or
            (2) authorizes the diversion or use of water in a manner 
        that is inconsistent with State water rights law.
    (c) Federal Law.--Nothing in this Act preempts or waives any 
provision of Federal law concerning the procedures that apply to a 
revision of a water manual.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Drought state.--The term ``drought State'' means a 
        State--
                    (A) for which the Governor has declared a drought; 
                or
                    (B) that contains at least one county for which the 
                Secretary of Agriculture has designated a drought 
                disaster.
            (2) Flood control project.--The term ``flood control 
        project'' means a project operated, wholly or in part, for 
        flood control, in accordance with rules prescribed by the 
        Secretary pursuant to section 7 of the Act of December 22, 1944 
        (commonly known as the ``Flood Control Act of 1944'') (33 
        U.S.C. 709).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            (4) Water manual.--The term ``water manual'' means, with 
        respect to a flood control project, the water operations 
        manual, the flood control rule curves, and the water control 
        manual, as applicable.
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