,,ii ,calendar ,no4 #bgg #aafth ,,congress #ast ,session ,s4 #bjdd ,report ,no4 #aaf-aef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bg1 #bjai,ms4 ,mc,sally 7for herself and ,ms4 ,sinema7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,october #bi1 #bjai,reported by ,ms4 ,murkowski1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to amend the ,omnibus ,public ,land ,management ,act of #bjji to establish an ,aging ,infrastructure ,account1 to amend the ,reclamation ,safety of ,dams ,act of #aigh to provide additional funds under that ,act1 to establish a review of flood control rule curves pilot project within the ,bureau of ,reclamation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,water ,supply ,infrastructure ,rehabilitation and ,utilization ,act4 #b4 ,aging infrastructure account ,section #ifjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj;b7 is amended by adding at the end the following3 7d7 ,aging infrastructure account 7#a7 ,establishment ,there is established in the general fund of the ,treasury a special account1 to be known as the ,aging ,infrastructure ,account 7referred to in this subsection as the ,account71 to provide funds to1 and provide for the extended repayment of the funds by1 transferred works operating entities or project beneficiaries responsible for repayment of reimbursable costs for the conduct of extraordinary operation and maintenance work at transferred works1 which shall consist of-- 7,a7 any amounts that are authorized to be appropriated to the ,account under section #ifje2 and 7,b7 any amounts deposited in the ,account under paragraph 7#c77;,b74 7#b7 ,expenditures ,subject to appropriations and paragraph 7#c71 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 7#e77;,a74 7#c7 ,repayment contract 7,a7 ,in general ,the ,secretary may not expend amounts under paragraph 7#b7 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 7b77#b74 7,b7 ,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 appropriation4 7#d7 ,application for funding 7,a7 ,in ,general ,not less than once per fiscal year1 the ,secretary shall accept1 during an application period established by the ,secretary1 applications from transferred works operating entities or project beneficiaries responsible for payment of reimbursable costs for funds and extended repayment for eligible projects4 7,b7 ,eligible project ,a project eligible for funds and extended repayment under this subsection is a project that-- 7i7 qualifies as an extraordinary operation and maintenance work under this section2 7ii7 is for the major1 non-recurring maintenance of a mission-critical asset2 and 7iii7 is not eligible to be carried out or funded under the repayment provisions of section #d7;c7 of the ,reclamation ,safety of ,dams ,act of #aigh 7#dc ,u4,s4,c4 #ejh7;c774 7,c7 ,guidelines for applications ,not later than #fj days after the date of enactment of this subsection1 the ,secretary shall issue guidelines describing the information required to be provided in an application for funds and extended repayment under this subsection that require1 at a minimum-- 7i7 a description of the project for which the funds are requested2 7ii7 the amount of funds requested2 7iii7 the repayment period requested by the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs2 7iv7 the financial justification for requesting an extended repayment period2 and 7v7 the financial records of the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs4 7,d7 ,review by the ,secretary ,the ,secretary shall review each application submitted under subparagraph 7,a7-- 7i7 to determine whether the project is eligible for funds and an extended repayment period under this subsection2 7ii7 to determine if the project has been identified by the ,bureau of ,reclamation as part of the major rehabilitation and replacement of a project facility2 and 7iii7 to conduct a financial analysis of-- 7,i7 the project2 and 7,,ii7 the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs4 7#e7 ,report ,not later than #ij days after the date on which an application period closes under paragraph 7#d77;,a71 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-- 7,a7 identifies each project eligible for funds and extended repayment under this subsection2 7,b7 with respect to each eligible project identified under subparagraph 7,a71 includes-- 7i7 a description of-- 7,i7 the eligible project2 7,,ii7 the anticipated cost and duration of the eligible project2 and 7,,iii7 any remaining engineering or environmental compliance that is required before the eligible project commences2 7ii7 an analysis of-- 7,i7 the repayment period proposed in the application2 and 7,,ii7 if the ,secretary recommends a minimum necessary repayment period that is different than the repayment period proposed in the application1 the minimum necessary repayment period recommended by the ,secretary2 7iii7 an analysis of the effect on the affordability of water of-- 7,i7 the repayment period proposed in the application2 and 7,,ii7 if the ,secretary recommends a minimum necessary repayment period that is different than the repayment period proposed in the application1 the minimum necessary repayment period recommended by the ,secretary2 and 7iv7 an analysis of alternative non-,federal funding options2 and 7,c7 describes the balance of funds in the ,account as of the date of the report4 4 #c4 ,authorization of ,appropriations for the ,reclamation ,safety of ,dams ,act of #aigh ,section #e of the ,reclamation ,safety of ,dams ,act of #aigh 7#dc ,u4,s4,c4 #eji7 is amended1 in the first sentence1 by inserting 1 and1 effective ,october #a1 #bjai1 not to exceed an additional #eej1jjj1jjj 7,october #a1 #bjai1 price levels7 before 1 plus or minus4 #d4 ,review of flood control rule curves pilot project 7a7 ,definitions ,in this section3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,reclamation4 7#b7 ,eligible works 7,a7 ,in general ,the term eligible works means a reserved works1 or a transferred works for which-- 7i7 the flood control rule curve has not been substantially adjusted during the #aj-year period ending on the date of enactment of this ,act2 and 7ii7 the ,secretary receives a request in accordance with subsection 7c77#a77;,a74 7,b7 ,exclusions ,the term eligible works does not include-- 7i7 any project authorized by the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag et seq472 7ii7 any project authorized by the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj et seq472 or 7iii7 any project of the ,pick-,sloan ,missouri ,river ,basin ,program 7authorized by section #i of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hia1 chapter #ffe774 7#c7 ,pilot project ,the term pilot project means the pilot project established under subsection 7b74 7#d7 ,secretary ,the term ,secretary means ,secretary of the ,interior4 7b7 ,establishment of pilot project ,the ,secretary shall establish within the ,bureau a pilot project to adjust flood control rule curves in accordance with subsection 7d74 7c7 ,selection of eligible works 7#a7 ,request 7,a7 ,in general ,in order for an eligible works to be selected for inclusion in the pilot project1 a responsible party shall submit a written request to the ,secretary4 7,b7 ,notice ,not later than #cj days after the date on which the ,secretary receives a request under subparagraph 7,a71 the ,secretary shall notify-- 7i7 each responsible party of that request1 using lists maintained by the ,bureau2 and 7ii7 if applicable1 the appropriate ,federal power marketing administration4 7#b7 ,selection ,each year1 the ,secretary shall-- 7,a7 select #a or more eligible works for inclusion in the pilot project2 and 7,b7 submit a list of those eligible works to-- 7i7 the ,secretary of the ,army2 7ii7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7iii7 the ,committee on ,energy and ,natural ,resources of the ,senate4 7#c7 ,exclusion ,the ,secretary shall not select an eligible works for inclusion in the pilot project under paragraph 7#b77;,a7 if1 not later than #fj days after the date on which the notice is provided to each responsible party under paragraph 7#a77;,b77i71 a majority of the responsible parties submit to the ,secretary an objection to the inclusion of the eligible works in the pilot project4 7d7 ,adjustment of flood control rule 7#a7 ,in general ,the flood control rule curve of an eligible works shall be adjusted pursuant to section #g of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gji71 if the ,secretary of the ,army determines that the adjustment would enhance the authorized purposes of the eligible works4 7#b7 ,considerations ,in the adjustment of a flood control rule curve under paragraph 7#a71 the following factors shall be considered3 7,a7 ,forecast-informed reservoir operations4 7,b7 ,improved hydrologic forecasting for-- 7i7 precipitation2 7ii7 snowpack2 7iii7 runoff2 and 7iv7 soil moisture conditions4 7,c7 ,any new watershed data1 including data provided by a responsible party for the eligible works4 7#c7 ,consultation ,in the adjustment of a flood control rule curve under paragraph 7#a71 the following entities shall be consulted3 7,a7 ,each responsible party for the eligible works4 7,b7 ,in the case of an eligible works that produces power marketed by the ,federal ,government1 the ,federal power marketing administration that markets the power4 7,c7 ,the ,secretary4 7e7 ,consultation ,the ,secretary shall consult with the ,secretary of the ,army with respect to any action taken by the ,secretary of the ,army-- 7#a7 pursuant to section #g of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gji72 and 7#b7 that relates to the pilot project4 7f7 ,funding ,the ,secretary or the ,secretary of the ,army1 as appropriate1 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 7d71 including a review or revision of operational documents 7including water control plans1 water control manuals1 water control diagrams1 release schedules1 rule curves1 operational agreements with non-,federal entities1 and any associated environmental documentation74 7g7 ,effect ,nothing in this section-- 7#a7 affects or modifies any existing authority to review or modify-- 7,a7 reservoir operations1 including any existing forecast-informed reservoir operations at a facility of the ,corps of ,engineers1 such as ,coyote ,dam2 and 7,b7 flood control operations2 or 7#b7 affects or modifies any authorized purpose of any project carried out by the ,secretary4 7h7 ,termination 7#a7 ,in general ,the pilot project shall terminate on the date that is #ae years after the date of enactment of this ,act4 7#b7 ,effect ,termination of the pilot project under paragraph 7#a7 shall not affect any flood control rule curve developed as part of the pilot project4 #a4 ,short title ,this ,act may be cited as the ,water ,supply ,infrastructure ,rehabilitation and ,utilization ,act4 #b4 ,aging infrastructure account ,section #ifjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj;b7 is amended by adding at the end the following3 7d7 ,aging infrastructure account 7#a7 ,establishment ,there is established in the general fund of the ,treasury a special account1 to be known as the ,aging ,infrastructure ,account 7referred to in this subsection as the ,account71 to provide funds to1 and provide for the extended repayment of the funds by1 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 facility1 which shall consist of-- 7,a7 any amounts that are specifically appropriated to the ,account under section #ifje2 and 7,b7 any amounts deposited in the ,account under paragraph 7#c77;,b74 7#b7 ,expenditures ,subject to appropriations and paragraph 7#c71 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 7#e77;,a74 7#c7 ,repayment contract 7,a7 ,in general ,the ,secretary may not expend amounts under paragraph 7#b7 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 7b77#b74 7,b7 ,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 appropriation4 7#d7 ,application for funding 7,a7 ,in general ,not less than once per fiscal year1 the ,secretary shall accept1 during an application period established by the ,secretary1 applications from transferred works operating entities or project beneficiaries responsible for payment of reimbursable costs for funds and extended repayment for eligible projects4 7,b7 ,eligible project ,a project eligible for funding and extended repayment under this subsection is a project that-- 7i7 qualifies as an extraordinary operation and maintenance work under this section2 7ii7 is for the major1 non-recurring maintenance of a mission-critical asset2 and 7iii7 is not eligible to be carried out or funded under the repayment provisions of section #d7;c7 of the ,reclamation ,safety of ,dams ,act of #aigh 7#dc ,u4,s4,c4 #ejh7;c774 7,c7 ,guidelines for applications ,not later than #fj days after the date of enactment of this subsection1 the ,secretary shall issue guidelines describing the information required to be provided in an application for funding and extended repayment under this subsection that require1 at a minimum-- 7i7 a description of the project for which the funds are requested2 7ii7 the amount of funds requested2 7iii7 the repayment period requested by the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs2 7iv7 alternative non-,federal funding options that have been evaluated2 7v7 the financial justification for requesting an extended repayment period2 and 7vi7 the financial records of the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs4 7,d7 ,review by the secretary ,the ,secretary shall review each application submitted under subparagraph 7,a7-- 7i7 to determine whether the project is eligible for funds and an extended repayment period under this subsection2 7ii7 to determine if the project has been identified by the ,bureau of ,reclamation as part of the major rehabilitation and replacement of a project facility2 and 7iii7 to conduct a financial analysis of-- 7,i7 the project2 and 7,,ii7 the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs4 7#e7 ,report ,not later than #ij days after the date on which an application period closes under paragraph 7#d77;,a71 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-- 7,a7 identifies each project eligible for funding and extended repayment under this subsection2 7,b7 with respect to each eligible project identified under subparagraph 7,a71 includes-- 7i7 a description of-- 7,i7 the eligible project2 7,,ii7 the anticipated cost and duration of the eligible project2 and 7,,iii7 any remaining engineering or environmental compliance that is required before the eligible project commences2 7ii7 an analysis of-- 7,i7 the repayment period proposed in the application2 and 7,,ii7 if the ,secretary recommends a minimum necessary repayment period that is different than the repayment period proposed in the application1 the minimum necessary repayment period recommended by the ,secretary2 and 7iii7 an analysis of alternative non-,federal funding options2 and 7,c7 describes the balance of funds in the ,account as of the date of the report4 7#f7 ,effect of subsection ,nothing in this subsection affects-- 7,a7 any funding provided1 or contracts entered into1 under subsection 7a7 before the date of enactment of this subsection2 or 7,b7 the use of funds otherwise made available to the ,secretary to carry out subsection 7a74 4 #c4 ,authorization of appropriations for the reclamation safety of dams act of #aigh ,section #e of the ,reclamation ,safety of ,dams ,act of #aigh 7#dc ,u4,s4,c4 #eji7 is amended1 in the first sentence1 by inserting 1 and1 effective ,october #a1 #bjai1 not to exceed an additional #eej1jjj1jjj 7,october #a1 #bjai1 price levels7 before 1 plus or minus4 #d4 ,review of flood control rule curves pilot project 7a7 ,definitions ,in this section3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,reclamation4 7#b7 ,eligible works 7,a7 ,in general ,the term eligible works means a reserved works1 or a transferred works for which-- 7i7 the flood control rule curve has not been substantially adjusted during the #aj-year period ending on the date of enactment of this ,act2 and 7ii7 the ,secretary receives a request in accordance with subsection 7c77#a77;,a74 7,b7 ,exclusions ,the term eligible works does not include-- 7i7 any project authorized by the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag et seq472 7ii7 any project authorized by the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj et seq472 or 7iii7 any project of the ,pick-,sloan ,missouri ,river ,basin ,program 7authorized by section #i of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hia1 chapter #ffe774 7#c7 ,pilot project ,the term pilot project means the pilot project established under subsection 7b74 7#d7 ,responsible party ,the term responsible party means-- 7,a7 with respect to a reserved works-- 7i7 a non-,federal water user or power contractor that has an active repayment1 water service1 or power service contract with the ,bureau2 7ii7 a power contractor that has an active contract with a ,federal power marketing administration for energy1 capacity1 or energy and capacity1 from a hydropower facility owned by the ,bureau2 or 7iii7 a non-,federal operating entity1 including a joint powers authority or board of control1 that has assumed responsibility on behalf of multiple water users1 through a contract with the ,bureau1 for the operation and maintenance of the reserved works2 and 7,b7 with respect to a transferred works1 the operating entity of the transferred works4 7#e7 ,secretary ,the term ,secretary means ,secretary of the ,interior4 7b7 ,establishment of pilot project ,the ,secretary1 in consultation with the ,secretary of the ,army1 shall establish within the ,bureau a pilot project to adjust flood control rule curves in accordance with subsection 7d74 7c7 ,selection of eligible works 7#a7 ,request 7,a7 ,in general ,in order for an eligible works to be selected for inclusion in the pilot project1 a responsible party shall submit a written request to the ,secretary seeking a flood control rule curve adjustment4 7,b7 ,notice ,not later than #cj days after the date on which the ,secretary receives a request under subparagraph 7,a71 the ,secretary shall notify-- 7i7 each responsible party of that request1 using lists maintained by the ,bureau2 and 7ii7 if applicable1 the appropriate ,federal power marketing administration4 7#b7 ,selection ,each year1 the ,secretary shall-- 7,a7 select #a or more eligible works for inclusion in the pilot project2 and 7,b7 submit a list of those eligible works to-- 7i7 the ,secretary of the ,army2 7ii7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7iii7 the ,committee on ,energy and ,natural ,resources of the ,senate4 7#c7 ,exclusion ,the ,secretary shall not select an eligible works for inclusion in the pilot project under paragraph 7#b77;,a7 if1 not later than #fj days after the date on which the notice is provided to each responsible party under paragraph 7#a77;,b77i71 a majority of the responsible parties submit to the ,secretary an objection to the inclusion of the eligible works in the pilot project4 7d7 ,adjustment of a flood control rule 7#a7 ,in general ,the flood control rule curve of an eligible works shall be adjusted pursuant to section #g of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gji71 if the ,secretary of the ,army determines that the adjustment would enhance the authorized purposes of the eligible works4 7#b7 ,considerations ,in the adjustment of a flood control rule curve under paragraph 7#a71 the following factors shall be considered3 7,a7 ,forecast-informed reservoir operations4 7,b7 ,improved hydrologic forecasting for-- 7i7 precipitation2 7ii7 snowpack2 7iii7 runoff2 and 7iv7 soil moisture conditions4 7,c7 ,any new watershed data1 including data provided by a responsible party for the eligible works4 7#c7 ,consultation ,in the adjustment of a flood control rule curve under paragraph 7#a71 the following entities shall be consulted3 7,a7 ,each responsible party for the eligible works4 7,b7 ,in the case of an eligible works that produces power marketed by the ,federal ,government1 the ,federal power marketing administration that markets the power4 7,c7 ,the ,secretary4 7e7 ,consultation ,the ,secretary shall consult with the ,secretary of the ,army with respect to any action taken by the ,secretary of the ,army-- 7#a7 pursuant to section #g of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gji72 and 7#b7 that relates to the pilot project4 7f7 ,funding ,the ,secretary or the ,secretary of the ,army1 as appropriate1 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 subsection 7d71 including a review or revision of operational documents 7including water control plans1 water control manuals1 water control diagrams1 release schedules1 rule curves1 operational agreements with non-,federal entities1 and any associated environmental documentation74 7g7 ,effect ,nothing in this section-- 7#a7 affects or modifies any existing authority to review or modify-- 7,a7 reservoir operations1 including any existing forecast-informed reservoir operations at a facility of the ,corps of ,engineers1 such as ,coyote ,dam2 and 7,b7 flood control operations2 or 7#b7 affects or modifies any authorized purpose of any project carried out by the ,secretary4 7h7 ,termination 7#a7 ,in general ,the pilot project shall terminate on the date that is #ae years after the date of enactment of this ,act4 7#b7 ,effect ,termination of the pilot project under paragraph 7#a7 shall not affect any flood control rule curve developed as part of the pilot project4 ,october #bi1 #bjai,reported with an amendment