[Congressional Record Volume 166, Number 42 (Tuesday, March 3, 2020)]
[Senate]
[Pages S1307-S1308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1354. Ms. McSALLY submitted an amendment intended to be proposed
by her to the bill S. 2657, to support innovation in advanced
geothermal research and development, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
TITLE IV--MISCELLANEOUS
SEC. 4001. WATER SUPPLY INFRASTRUCTURE REHABILITATION AND
UTILIZATION.
(a) 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, a
transferred works operating entity or project beneficiary
responsible for repayment of reimbursable costs for the
conduct of extraordinary operation and maintenance work at a
project facility, which shall consist of--
``(A) any amounts that are specifically 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 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 and shall be
available to the Secretary for expenditure in accordance with
this subsection 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 funding 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 funding 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) alternative non-Federal funding options that have
been evaluated;
``(v) the financial justification for requesting an
extended repayment period; and
``(vi) 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 funding 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; and
``(iii) 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.
``(6) Effect of subsection.--Nothing in this subsection
affects--
``(A) any funding provided, or contracts entered into,
under subsection (a) before the date of enactment of this
subsection; or
``(B) the use of funds otherwise made available to the
Secretary to carry out subsection (a).''.
(b) 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''.
(c) Review of Flood Control Rule Curves Pilot Project.--
(1) Definitions.--In this subsection:
(A) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(B) Eligible works.--
(i) 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
paragraph (3)(A)(i).
(ii) 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)).
(C) Pilot project.--The term ``pilot project'' means the
pilot project established under paragraph (2).
(D) Responsible party.--The term ``responsible party''
means--
(i) with respect to a reserved works--
(I) a non-Federal water user or power contractor that has
an active repayment, water service, or power service contract
with the Bureau;
(II) a power contractor that has an active contract with a
Federal power marketing administration for energy, capacity,
or energy and capacity, from a hydropower facility owned by
the Bureau; or
(III) a non-Federal operating entity, including a joint
powers authority or board of control, that has assumed
responsibility on behalf of multiple water users, through a
contract with the Bureau, for the operation and maintenance
of the reserved works; and
(ii) with respect to a transferred works, the operating
entity of the transferred works.
(E) Secretary.--The term ``Secretary'' means Secretary of
the Interior.
(2) Establishment of pilot project.--The Secretary, in
consultation with the Secretary of the Army, shall establish
within the Bureau a pilot project to adjust flood control
rule curves in accordance with paragraph (4).
(3) Selection of eligible works.--
(A) Request.--
(i) 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 seeking
a flood control rule curve adjustment.
[[Page S1308]]
(ii) Notice.--Not later than 30 days after the date on
which the Secretary receives a request under clause (i), 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.
(B) Selection.--Each year, the Secretary shall--
(i) select 1 or more eligible works for inclusion in the
pilot project; and
(ii) 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.
(C) Exclusion.--The Secretary shall not select an eligible
works for inclusion in the pilot project under subparagraph
(B)(i) if, not later than 60 days after the date on which the
notice is provided to each responsible party under
subparagraph (A)(ii)(I), a majority of the responsible
parties submit to the Secretary an objection to the inclusion
of the eligible works in the pilot project.
(4) Adjustment of a flood control rule.--
(A) 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.
(B) Considerations.--In the adjustment of a flood control
rule curve under subparagraph (A), the following factors
shall be considered:
(i) Forecast-informed reservoir operations.
(ii) Improved hydrologic forecasting for--
(I) precipitation;
(II) snowpack;
(III) runoff; and
(IV) soil moisture conditions.
(iii) Any new watershed data, including data provided by a
responsible party for the eligible works.
(C) Consultation.--In the adjustment of a flood control
rule curve under subparagraph (A), the following entities
shall be consulted:
(i) Each responsible party for the eligible works.
(ii) In the case of an eligible works that produces power
marketed by the Federal Government, the Federal power
marketing administration that markets the power.
(iii) The Secretary.
(5) Consultation.--The Secretary shall consult with the
Secretary of the Army with respect to any action taken by the
Secretary of the Army--
(A) pursuant to section 7 of the Act of December 22, 1944
(33 U.S.C. 709); and
(B) that relates to the pilot project.
(6) 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 of a flood control rule under
paragraph (4), 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).
(7) Effect.--Nothing in this subsection--
(A) affects or modifies any existing authority to review or
modify--
(i) reservoir operations, including any existing forecast-
informed reservoir operations at a facility of the Corps of
Engineers, such as Coyote Dam; and
(ii) flood control operations; or
(B) affects or modifies any authorized purpose of any
project carried out by the Secretary.
(8) Termination.--
(A) In general.--The pilot project shall terminate on the
date that is 15 years after the date of enactment of this
Act.
(B) Effect.--Termination of the pilot project under
subparagraph (A) shall not affect any flood control rule
curve developed as part of the pilot project.
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