117 HR 8016 IH: Federal Columbia River Power System Certainty Act U.S. House of Representatives 2022-06-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 8016IN THE HOUSE OF REPRESENTATIVESJune 9, 2022Mr. Newhouse (for himself, Mrs. Rodgers of Washington, Ms. Herrera Beutler, Mrs. Miller-Meeks, Mr. Rosendale, Mr. Stauber, Mr. Mullin, Mr. Fulcher, Mr. Bentz, Mr. LaMalfa, and Mr. Westerman) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo 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.

1.

Short title

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

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.

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.

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.

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.