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Code · BILL · 114th Congress · S. 1894 (Introduced in Senate) — To provide short-term water supplies to drought-stricken California. · Sec. 412

Sec. 412. Deauthorization of inactive projects

1,042 words·~5 min read·/bill/114/s/1894/is/section-412

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The purposes of this section are— to establish an efficient and transparent process for deauthorizing 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 water resources development programs and projects; to allow the continued authorization of water resources development programs and projects that are viable for construction; and to establish a process for identifying authorized reclamation projects that are no longer— in the Federal interest; or feasible.
In this section: The term Secretary means the Secretary of the Interior. The term water resources development program or project includes any water and related resource project or program of the Bureau of Reclamation. 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— 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— 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 water resources development program or project, or separable element of a program or project, authorized for construction before March 30, 2009, for which— construction was not initiated before the date of enactment of this Act; or construction was initiated before the date of enactment of this Act, but for which no Federal or non-Federal funds were obligated for construction of the program, project, or separable element of the program or project during the current fiscal year or any of the 6 preceding fiscal years.
The Secretary shall solicit comments from the public and the Governors of each applicable State on the interim deauthorization list developed under paragraph (1). The public comment period shall be 90 days. Not later than 90 days after the date of submission of the list required by 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 water resources development program or project, or separable element of a program or project, described in subsection (c)(1) that is identified pursuant to this subsection. The Secretary shall identify programs, projects, and separable elements of programs and projects for inclusion on the final deauthorization list that may no longer be viable for construction. The Secretary may identify programs, projects, and separable elements of programs and projects for exclusion from the final deauthorization list if the Secretary determines, on a case-by-case basis, that a project or separable element of a project is critical for interests of the United States, based on the possible impact of the project or separable element of the project on public health and safety, the national economy, or the environment.
In making determinations under clauses
(i)and (ii), the Secretary shall consider any comments received under subsection (c)(3). The Secretary shall include as part of the final deauthorization list an appendix that— identifies each program, project, and separable element of a 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 program, project, or separable element is not included. Not later than 120 days after the date on which the public comment period under subsection (c)(3) expires, the Secretary shall— submit the final deauthorization list and the appendix to the final 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 final deauthorization list and the appendix to the final deauthorization list in the Federal Register. Subject to paragraph (2), after the date that is 180 days after the date of submission of the final deauthorization report under subsection (d), a program, project, or separable element of a program or project identified in the report is deauthorized, unless Congress passes a joint resolution disapproving the final deauthorization report prior to the end of that period. A program, project, or separable element of a program or project identified in the final deauthorization report 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 program, project, or separable element of the project provides sufficient funds to complete the program, project, or separable element of the project. For purposes of this section, if an authorized water resources development program, project, or separable element of the program or project has been modified by an Act of Congress, the date of authorization of the program, project, or separable element shall be deemed to be the date of the most recent modification.
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