[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8160 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8160

    To prohibit the breaching of federally operated dams in certain 
                 circumstances, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2024

 Mr. Newhouse (for himself, Mr. Fulcher, Mr. Zinke, Mr. Rosendale, and 
  Mr. Bentz) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

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                                 A BILL


 
    To prohibit the breaching of federally operated dams in certain 
                 circumstances, 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 ``Breaking Irresponsible Energy and 
Commercial Habits Act'' or the ``BREACH Act''.

SEC. 2. PROHIBITION ON BREACHING OF FEDERALLY OPERATED DAMS.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of the Army may not breach a federally operated dam if the 
Secretary determines that such breach--
            (1) would result in an increase in carbon emissions by more 
        than 10 percent;
            (2) would make the body of water impacted by the breach 
        less navigable for commercial interests; or
            (3) would result in an increase of at least 10 percent of 
        the price of any products, including agricultural products, 
        shipped via the body of water impacted by the breach.
    (b) Consultation.--In making the determinations required under 
subsection (a), the Secretary shall--
            (1) consult with the Secretary of Energy with respect to 
        the determination described in subsection (a)(1);
            (2) consult with the Secretary of Transportation with 
        respect to the determination described subsection (a)(2);
            (3) consult with the Secretary of Agriculture and the 
        Secretary of Commerce with respect to the determination 
        described in subsection (a)(3); and
            (4) consult with the relevant agencies in the State in 
        which the dam proposed to be breached is located.
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