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Code · BILL · 114th Congress · H.R. 5247 (Introduced in House) — To provide short-term water supplies to drought-stricken California and provide for long-term investments in drought... · Sec. 601

Sec. 601. Deauthorization of inactive projects

1,166 words·~5 min read·/bill/114/hr/5247/ih/section-601

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The purposes of this section are— to identify Bureau of Reclamation projects and programs that are no longer feasible due to— a lack of local support; a lack of available Federal or non-Federal resources; or an authorized purpose that is no longer relevant or feasible; to establish an efficient and transparent process for deauthorizing Reclamation projects and programs that have failed to receive a minimum level of investment to ensure active projects can move forward while reducing the backlog of authorized projects; to create an expedited and definitive process to deauthorize Reclamation projects and programs; to allow the continued authorization of programs and projects that are feasible; and to establish a process for identifying authorized Reclamation projects and programs that are no longer— in the Federal interest; or feasible.
In this section: The term Reclamation project or program includes any project or program that is administered by the Bureau of Reclamation. The term Secretary means the Secretary of the Interior. Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and make available on a publicly accessible Internet website in a manner that is downloadable, searchable, and sortable, a list of— Reclamation programs authorized, and for which funding was obligated, during the current fiscal year or any of the preceding 5 fiscal years; and Reclamation projects or separable elements of projects authorized for construction for which funding has been obligated during the current fiscal year or any of the 5 preceding fiscal years; the amount of funding obligated for each such project or separable element per fiscal year; the current phase of each such project or separable element; and the amount required to complete the current phase of each such project or separable element.
Together with the report under paragraph (1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and make available on a publicly accessible Internet website in a manner that is downloadable, searchable, and sortable, a list of— Reclamation programs that are authorized and for which funding was not obligated during the current fiscal year or any of the preceding 5 fiscal years; and projects or separable elements that are authorized for construction but have not been completed; the date of authorization of the project or separable element, including any subsequent modifications to the original authorization; the original budget authority for the project or separable element; a brief description of the project or separable element; the estimated date of completion of the project or separable element; the estimated cost of completion of the project or separable element; and any amounts appropriated for the project or separable element that remain unobligated.
The Secretary shall develop an interim deauthorization list that identifies each authorized Reclamation program or project, or separable element of a Reclamation program or project, for which Federal or non-Federal funds were not obligated for construction during— the applicable fiscal year; or any of the 5 preceding fiscal years. A Reclamation project or separable element of a Reclamation project may not be identified on the interim deauthorization list, or on the final deauthorization list under subsection (d), if the Reclamation project or separable element received funding for a postauthorization study during— the applicable fiscal year; or any of the 5 preceding fiscal years.
The Secretary shall solicit comments from the public and the Governors of each applicable State regarding the interim deauthorization list developed under paragraph (1). The public comment period under subparagraph
(A)shall be 90 days. Not later than 90 days after the date of submission of the list required under subsection (b), the Secretary shall— submit the interim deauthorization list to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; and publish the interim deauthorization list in the Federal Register. The Secretary shall develop a final deauthorization list of each Reclamation program or project, or separable element of a Reclamation program or project, described in subsection (c)(1) that is identified pursuant to this subsection. The Secretary shall identify Reclamation projects and separable elements of Reclamation projects for inclusion on the final deauthorization list according to the order in which the Reclamation projects and separable elements were authorized, beginning with the earliest-authorized Reclamation projects and separable elements. The Secretary may identify a Reclamation program, project, or separable element of a Reclamation program or project for exclusion from the final deauthorization list if the Secretary determines, on a case-by-case basis, that the Reclamation program, project, or separable element is critical for interests of the United States, based on the possible impact of the Reclamation program, project, or separable element on— public health and safety; the national economy; or the environment. In making a determination under clause
(i)or (ii), the Secretary shall take into consideration any comments received under subsection (c)(3). The Secretary shall include as part of the final deauthorization list an appendix that— identifies each Reclamation program, project, and separable element of a Reclamation program or project on the interim deauthorization list developed under subsection
(c)that is not included on the final deauthorization list; and describes the reasons why the Reclamation program, project, or separable element is not included. Not later than 120 days after the date of expiration of the public comment period under subsection (c)(3), the Secretary shall— submit the final deauthorization list and the appendix under paragraph (2)(B) to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; and publish the final deauthorization list and the appendix in the Federal Register. Subject to paragraph (2), effective beginning on the date that is 180 days after the date of submission of the final deauthorization list under subsection (d), a Reclamation program, project, or separable element of a Reclamation program or project included on the list is deauthorized, unless Congress passes a joint resolution disapproving the final deauthorization report before that date. A Reclamation program, project, or separable element included on the final deauthorization list under subsection
(d)shall not be deauthorized under this subsection if, before the expiration of the 180-day period referred to in paragraph (1), the non-Federal interest of the Reclamation program, project, or separable element provides sufficient funds to complete the Reclamation program, project, or separable element. For purposes of this section, if an authorized water resources development Reclamation program, project, or separable element of the program or project has been modified by an Act of Congress, the date of authorization of the Reclamation program, project, or separable element shall be deemed to be the date of the most recent modification. Any Reclamation project that would yield an average of more than 200,000 acre-feet of water per year shall be exempt from this subsection.
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