[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2044 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2044

To amend the Omnibus Public Land Management Act of 2009 to establish an 
 Aging Infrastructure Account, to amend the Reclamation Safety of Dams 
Act of 1978 to provide additional funds under that Act, to establish a 
review of flood control rule curves pilot project within the Bureau of 
                  Reclamation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2019

Ms. McSally (for herself and Ms. Sinema) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Omnibus Public Land Management Act of 2009 to establish an 
 Aging Infrastructure Account, to amend the Reclamation Safety of Dams 
Act of 1978 to provide additional funds under that Act, to establish a 
review of flood control rule curves pilot project within the Bureau of 
                  Reclamation, 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 ``Water Supply Infrastructure 
Rehabilitation and Utilization Act''.

SEC. 2. AGING INFRASTRUCTURE ACCOUNT.

    Section 9603 of the Omnibus Public Land Management Act of 2009 (43 
U.S.C. 510b) is amended by adding at the end the following:
    ``(d) Aging Infrastructure Account.--
            ``(1) Establishment.--There is established in the general 
        fund of the Treasury a special account, to be known as the 
        `Aging Infrastructure Account' (referred to in this subsection 
        as the `Account'), to provide funds to, and provide for the 
        extended repayment of the funds by, transferred works operating 
        entities or project beneficiaries responsible for repayment of 
        reimbursable costs for the conduct of extraordinary operation 
        and maintenance work at transferred works, which shall consist 
        of--
                    ``(A) any amounts that are authorized to be 
                appropriated to the Account under section 9605; and
                    ``(B) any amounts deposited in the Account under 
                paragraph (3)(B).
            ``(2) Expenditures.--Subject to appropriations and 
        paragraph (3), the Secretary may expend amounts in the Account 
        to fund and provide for extended repayment of the funds for 
        eligible projects at transferred works identified in a report 
        submitted under paragraph (5)(A).
            ``(3) Repayment contract.--
                    ``(A) In general.--The Secretary may not expend 
                amounts under paragraph (2) with respect to an eligible 
                project described in that paragraph unless the 
                transferred works operating entity or project 
                beneficiary responsible for repayment of reimbursable 
                costs has entered into a contract to repay the amounts 
                under subsection (b)(2).
                    ``(B) Deposit of repaid funds.--Amounts repaid by a 
                transferred works operating entity or project 
                beneficiary responsible for repayment of reimbursable 
                costs receiving funds under a repayment contract 
                entered into under this subsection shall be deposited 
                in the Account without further appropriation.
            ``(4) Application for funding.--
                    ``(A) In general.--Not less than once per fiscal 
                year, the Secretary shall accept, during an application 
                period established by the Secretary, applications from 
                transferred works operating entities or project 
                beneficiaries responsible for payment of reimbursable 
                costs for funds and extended repayment for eligible 
                projects.
                    ``(B) Eligible project.--A project eligible for 
                funds and extended repayment under this subsection is a 
                project that--
                            ``(i) qualifies as an extraordinary 
                        operation and maintenance work under this 
                        section;
                            ``(ii) is for the major, non-recurring 
                        maintenance of a mission-critical asset; and
                            ``(iii) is not eligible to be carried out 
                        or funded under the repayment provisions of 
                        section 4(c) of the Reclamation Safety of Dams 
                        Act of 1978 (43 U.S.C. 508(c)).
                    ``(C) Guidelines for applications.--Not later than 
                60 days after the date of enactment of this subsection, 
                the Secretary shall issue guidelines describing the 
                information required to be provided in an application 
                for funds and extended repayment under this subsection 
                that require, at a minimum--
                            ``(i) a description of the project for 
                        which the funds are requested;
                            ``(ii) the amount of funds requested;
                            ``(iii) the repayment period requested by 
                        the transferred works operating entity or 
                        project beneficiary responsible for repayment 
                        of reimbursable costs;
                            ``(iv) the financial justification for 
                        requesting an extended repayment period; and
                            ``(v) the financial records of the 
                        transferred works operating entity or project 
                        beneficiary responsible for repayment of 
                        reimbursable costs.
                    ``(D) Review by the secretary.--The Secretary shall 
                review each application submitted under subparagraph 
                (A)--
                            ``(i) to determine whether the project is 
                        eligible for funds and an extended repayment 
                        period under this subsection;
                            ``(ii) to determine if the project has been 
                        identified by the Bureau of Reclamation as part 
                        of the major rehabilitation and replacement of 
                        a project facility; and
                            ``(iii) to conduct a financial analysis 
                        of--
                                    ``(I) the project; and
                                    ``(II) the transferred works 
                                operating entity or project beneficiary 
                                responsible for repayment of 
                                reimbursable costs.
            ``(5) Report.--Not later than 90 days after the date on 
        which an application period closes under paragraph (4)(A), the 
        Secretary shall submit to the Committees on Energy and Natural 
        Resources and Appropriations of the Senate and the Committees 
        on Natural Resources and Appropriations of the House of 
        Representatives a report that--
                    ``(A) identifies each project eligible for funds 
                and extended repayment under this subsection;
                    ``(B) with respect to each eligible project 
                identified under subparagraph (A), includes--
                            ``(i) a description of--
                                    ``(I) the eligible project;
                                    ``(II) the anticipated cost and 
                                duration of the eligible project; and
                                    ``(III) any remaining engineering 
                                or environmental compliance that is 
                                required before the eligible project 
                                commences;
                            ``(ii) an analysis of--
                                    ``(I) the repayment period proposed 
                                in the application; and
                                    ``(II) if the Secretary recommends 
                                a minimum necessary repayment period 
                                that is different than the repayment 
                                period proposed in the application, the 
                                minimum necessary repayment period 
                                recommended by the Secretary;
                            ``(iii) an analysis of the effect on the 
                        affordability of water of--
                                    ``(I) the repayment period proposed 
                                in the application; and
                                    ``(II) if the Secretary recommends 
                                a minimum necessary repayment period 
                                that is different than the repayment 
                                period proposed in the application, the 
                                minimum necessary repayment period 
                                recommended by the Secretary; and
                            ``(iv) an analysis of alternative non-
                        Federal funding options; and
                    ``(C) describes the balance of funds in the Account 
                as of the date of the report.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR THE RECLAMATION SAFETY OF 
              DAMS ACT OF 1978.

    Section 5 of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 
509) is amended, in the first sentence, by inserting ``, and, effective 
October 1, 2019, not to exceed an additional $550,000,000 (October 1, 
2019, price levels)'' before ``, plus or minus''.

SEC. 4. REVIEW OF FLOOD CONTROL RULE CURVES PILOT PROJECT.

    (a) Definitions.--In this section:
            (1) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (2) Eligible works.--
                    (A) In general.--The term ``eligible works'' means 
                a reserved works, or a transferred works for which--
                            (i) the flood control rule curve has not 
                        been substantially adjusted during the 10-year 
                        period ending on the date of enactment of this 
                        Act; and
                            (ii) the Secretary receives a request in 
                        accordance with subsection (c)(1)(A).
                    (B) Exclusions.--The term ``eligible works'' does 
                not include--
                            (i) any project authorized by the Boulder 
                        Canyon Project Act (43 U.S.C. 617 et seq.);
                            (ii) any project authorized by the Act of 
                        April 11, 1956 (commonly known as the 
                        ``Colorado River Storage Project Act'') (43 
                        U.S.C. 620 et seq.); or
                            (iii) any project of the Pick-Sloan 
                        Missouri River Basin Program (authorized by 
                        section 9 of the Act of December 22, 1944 
                        (commonly known as the ``Flood Control Act of 
                        1944'') (58 Stat. 891, chapter 665)).
            (3) Pilot project.--The term ``pilot project'' means the 
        pilot project established under subsection (b).
            (4) Secretary.--The term ``Secretary'' means Secretary of 
        the Interior.
    (b) Establishment of Pilot Project.--The Secretary shall establish 
within the Bureau a pilot project to adjust flood control rule curves 
in accordance with subsection (d).
    (c) Selection of Eligible Works.--
            (1) Request.--
                    (A) In general.--In order for an eligible works to 
                be selected for inclusion in the pilot project, a 
                responsible party shall submit a written request to the 
                Secretary.
                    (B) Notice.--Not later than 30 days after the date 
                on which the Secretary receives a request under 
                subparagraph (A), the Secretary shall notify--
                            (i) each responsible party of that request, 
                        using lists maintained by the Bureau; and
                            (ii) if applicable, the appropriate Federal 
                        power marketing administration.
            (2) Selection.--Each year, the Secretary shall--
                    (A) select 1 or more eligible works for inclusion 
                in the pilot project; and
                    (B) submit a list of those eligible works to--
                            (i) the Secretary of the Army;
                            (ii) the Committee on Natural Resources of 
                        the House of Representatives; and
                            (iii) the Committee on Energy and Natural 
                        Resources of the Senate.
            (3) Exclusion.--The Secretary shall not select an eligible 
        works for inclusion in the pilot project under paragraph (2)(A) 
        if, not later than 60 days after the date on which the notice 
        is provided to each responsible party under paragraph 
        (1)(B)(i), a majority of the responsible parties submit to the 
        Secretary an objection to the inclusion of the eligible works 
        in the pilot project.
    (d) Adjustment of Flood Control Rule.--
            (1) In general.--The flood control rule curve of an 
        eligible works shall be adjusted pursuant to section 7 of the 
        Act of December 22, 1944 (33 U.S.C. 709), if the Secretary of 
        the Army determines that the adjustment would enhance the 
        authorized purposes of the eligible works.
            (2) Considerations.--In the adjustment of a flood control 
        rule curve under paragraph (1), the following factors shall be 
        considered:
                    (A) Forecast-informed reservoir operations.
                    (B) Improved hydrologic forecasting for--
                            (i) precipitation;
                            (ii) snowpack;
                            (iii) runoff; and
                            (iv) soil moisture conditions.
                    (C) Any new watershed data, including data provided 
                by a responsible party for the eligible works.
            (3) Consultation.--In the adjustment of a flood control 
        rule curve under paragraph (1), the following entities shall be 
        consulted:
                    (A) Each responsible party for the eligible works.
                    (B) In the case of an eligible works that produces 
                power marketed by the Federal Government, the Federal 
                power marketing administration that markets the power.
                    (C) The Secretary.
    (e) Consultation.--The Secretary shall consult with the Secretary 
of the Army with respect to any action taken by the Secretary of the 
Army--
            (1) pursuant to section 7 of the Act of December 22, 1944 
        (33 U.S.C. 709); and
            (2) that relates to the pilot project.
    (f) Funding.--The Secretary or the Secretary of the Army, as 
appropriate, may accept amounts from responsible parties for eligible 
works to fund all or a portion of the cost of carrying out an 
adjustment under subsection (d), including a review or revision of 
operational documents (including water control plans, water control 
manuals, water control diagrams, release schedules, rule curves, 
operational agreements with non-Federal entities, and any associated 
environmental documentation).
    (g) Effect.--Nothing in this section--
            (1) affects or modifies any existing authority to review or 
        modify--
                    (A) reservoir operations, including any existing 
                forecast-informed reservoir operations at a facility of 
                the Corps of Engineers, such as Coyote Dam; and
                    (B) flood control operations; or
            (2) affects or modifies any authorized purpose of any 
        project carried out by the Secretary.
    (h) Termination.--
            (1) In general.--The pilot project shall terminate on the 
        date that is 15 years after the date of enactment of this Act.
            (2) Effect.--Termination of the pilot project under 
        paragraph (1) shall not affect any flood control rule curve 
        developed as part of the pilot project.
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