117 S4232 IS: To address the recovery of certain costs with respect to certain Reclamation facilities in the Colorado River Basin, and for other purposes. U.S. Senate 2022-05-17 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.

II117th CONGRESS2d SessionS. 4232IN THE SENATE OF THE UNITED STATESMay 17, 2022Mr. Kelly introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo address the recovery of certain costs with respect to certain Reclamation facilities in the Colorado River Basin, and for other purposes.

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).