Sec. 1048. Review of reservoir operations

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In this section: The term reserved works means any Bureau of Reclamation project facility at which the Secretary of the Interior carries out the operation and maintenance of the project facility. The term transferred works means a Bureau of Reclamation project facility, the operation and maintenance of which is carried out by a non-Federal entity under the provisions of a formal operation and maintenance transfer contract. The term transferred works operating entity means the organization that is contractually responsible for operation and maintenance of transferred works.

This section applies to reservoirs that are subject to regulation by the Secretary under section 7 of the Act of December 22, 1944 ( 33 U.S.C. 709 ) located in a State in which a Bureau of Reclamation project is located. This section shall not apply to— any project authorized by the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq. ); the initial units of the Colorado River Storage Project, as authorized by the first section of the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act ) ( 43 U.S.C. 620 ); any dam or reservoir operated by the Bureau of Reclamation as reserved works, unless all non-Federal project sponsors of the reserved works jointly provide to the Secretary a written request for application of this section to the project; any dam or reservoir owned and operated by the Corps of Engineers; or any Bureau of Reclamation transferred works, unless the transferred works operating entity provides to the Secretary a written request for application of this section to the project.

In accordance with the authorities of the Secretary in effect on the day before the date of enactment of this Act, at the reservoirs described in paragraph (2), the Secretary may— review any flood control rule curves developed by the Secretary; and determine, based on the best available science (including improved weather forecasts and forecast-informed operations, new watershed data, or structural improvements) whether an update to the flood control rule curves and associated changes to the water operations manuals is appropriate.

The reservoirs referred to in paragraph

(1)are reservoirs— located in areas with prolonged drought conditions; or for which no review has occurred during the 10-year period preceding the date of enactment of this Act; and for which individuals or entities, including the individuals or entities responsible for operations and maintenance costs or that have storage entitlements or contracts at a reservoir, a unit of local government, the owner of a non-Federal project, or the non-Federal transferred works operating entity, as applicable, have submitted to the Secretary a written request to carry out the review described in paragraph (1). In carrying out a review under paragraph

(1)and prior to updating any flood control rule curves and manuals under subsection (e), the Secretary shall comply with all applicable public participation and agency review requirements, including consultation with— affected States, Indian tribes, and other Federal and State agencies with jurisdiction over a portion of or all of the project or the operations of the project; the applicable power marketing administration, in the case of reservoirs with Federal hydropower projects; any non-Federal entity responsible for operation and maintenance costs; any entity that has a contractual right to withdraw water from, or use storage at, the project; any entity that the State determines holds rights under State law to the use of water from the project; and any unit of local government with flood risk reduction responsibilities downstream of the project. Before carrying out an activity under this section, the Secretary shall enter into a cooperative agreement, memorandum of understanding, or other agreement with an affected State, any owner or operator of the reservoir, and, on request, any non-Federal entities responsible for operation and maintenance costs at the reservoir, that describes the scope and goals of the activity and the coordination among the parties. If the Secretary determines under subsection

(c)that an update to a flood control rule curve and associated changes to a water operations manual is appropriate, the Secretary may update the flood control rule curve and manual in accordance with the authorities in effect on the day before the date of enactment of this Act. Subject to subsection (d), the Secretary may accept and expend amounts from the entities described in paragraph

(2)to fund all or part of the cost of carrying out a review under subsection

(c)or an update under subsection (e), including any associated environmental documentation. The entities referred to in paragraph

(1)are— non-Federal entities responsible for operations and maintenance costs at the affected reservoir; individuals and non-Federal entities with storage entitlements at the affected reservoir; a Federal power marketing agency that markets power produced by the affected reservoir; units of local government; public or private entities holding contracts with the Federal Government for water storage or water supply at the affected reservoir; and a nonprofit entity, with the consent of the affected unit of local government. The Secretary may— accept and use materials and services contributed by an entity described in paragraph

(2)under this subsection; and credit the value of the contributed materials and services toward the cost of carrying out a review or revision of operational documents under this section. The Secretary shall not issue an updated flood control rule curve or operations manual under subsection

(e)that— interferes with an authorized purpose of the project or the existing purposes of a non-Federal project regulated for flood control by the Secretary; reduces the ability to meet contractual rights to water or storage at the reservoir; adversely impacts legal rights to water under State law; fails to address appropriate credit for the appropriate power marketing agency, if applicable; or if a project is subject to section 301(e) of the Water Supply Act of 1958 ( 43 U.S.C. 390b(e) ), makes modifications to the project that do not meet the requirements of that section, unless the modification is submitted to and authorized by Congress. Nothing in this section— authorizes the Secretary to take any action not otherwise authorized as of the date of enactment of this Act; affects or modifies any obligation of the Secretary under Federal or State law; or affects or modifies any other authority of the Secretary to review or modify reservoir operations.

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Sec. 1048

Review of reservoir operations

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