Sec. 101. Reservoir operation improvement
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/bill/114/s/2902/is/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 Secretary means the Secretary of the Army. 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.
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report including, for any State in which a county designated by the Secretary of Agriculture as a drought disaster area during water year 2015 is located, a list of projects, including Corps of Engineers projects, and those non-Federal projects and transferred works that are operated for flood control in accordance with rules prescribed by the Secretary pursuant to section 7 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 890, chapter 665), including, as applicable— the year the original water control manual was approved; the year for any subsequent revisions to the water control plan and manual of the project; a list of projects for which— operational deviations for drought contingency have been requested; the status of the request; and a description of how water conservation and water quality improvements were addressed; and a list of projects for which permanent or seasonal changes to storage allocations have been requested, and the status of the request.
Not later than 60 days after the date of completion of the report under subsection (b), the Secretary shall identify any projects described in the report— for which the modification of the water operations manuals, including flood control rule curve, would be likely to enhance existing authorized project purposes, including for water supply benefits and flood control operations; for which the water control manual and hydrometeorological information establishing the flood control rule curves of the project have not been substantially revised during the 15-year period ending on the date of review by the Secretary; and for which the non-Federal sponsor or sponsors of a Corps of Engineers project, the owner of a non-Federal project, or the non-Federal transferred works operating entity, as applicable, has submitted to the Secretary a written request to revise water operations manuals, including flood control rule curves, based on the use of improved weather forecasting or run-off forecasting methods, new watershed data, changes to project operations, or structural improvements.
Not later than 1 year after the date of identification of projects under subsection (c), if any, the Secretary shall carry out not less than 15 pilot projects, which shall include not less than 6 non-Federal projects, to implement revisions of water operations manuals, including flood control rule curves, based on the best available science, which may include— forecast-informed operations; new watershed data, including data submitted by a non-Federal applicant; and if applicable, in the case of non-Federal projects, structural improvements.
In implementing a pilot project under this subsection, the Secretary shall consult with all affected interests, including— non-Federal entities responsible for operations and maintenance costs of a Federal facility; individuals and entities with storage entitlements; and local agencies with flood control responsibilities downstream of a facility. If a project identified under subsection
(c)is— a non-Federal project, the Secretary, prior to carrying out an activity under this section, shall— consult with the non-Federal project owner; and enter into a cooperative agreement, memorandum of understanding, or other agreement with the non-Federal project owner describing the scope and goals of the activity and the coordination among the parties; and a Federal project, the Secretary, prior to carrying out an activity under this section, shall— consult with each Federal and non-Federal entity (including a municipal water district, irrigation district, joint powers authority, transferred works operating entity, or other local governmental entity) that currently— manages (in whole or in part) a Federal dam or reservoir; or is responsible for operations and maintenance costs; and enter into a cooperative agreement, memorandum of understanding, or other agreement with each such entity describing the scope and goals of the activity and the coordination among the parties. In designing and implementing a forecast-informed reservoir operations plan under subsection
(d)or (g), the Secretary may consult with the appropriate agencies within the Department of the Interior and the Department of Commerce with expertise in atmospheric, meteorological, and hydrologic science to consider— the relationship between ocean and atmospheric conditions, including— the El Niño and La Niña cycles; and the potential for above-normal, normal, and below-normal rainfall for the coming water year, including consideration of atmospheric river forecasts; the precipitation and runoff index specific to the basin and watershed of the relevant dam or reservoir, including incorporating knowledge of hydrological and meteorological conditions that influence the timing and quantity of runoff; improved hydrologic forecasting for precipitation, snowpack, and soil moisture conditions; an adjustment of operational flood control rule curves to optimize water supply storage and reliability, hydropower production, environmental benefits for flows and temperature, and other authorized project benefits, without a reduction in flood safety; and proactive management in response to changes in forecasts. The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to fund all or a portion of the cost of carrying out 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 for— a Corps of Engineers project; a non-Federal project regulated for flood control by the Secretary; or a Bureau of Reclamation facility regulated for flood control by the Secretary. A revision of a manual shall not interfere with the authorized purposes of a Federal project or the existing purposes of a non-Federal project regulated for flood control by the Secretary. Nothing in this section authorizes the Secretary to carry out, at a Federal dam or reservoir, any project or activity for a purpose not otherwise authorized as of the date of enactment of this Act. Nothing in this section affects or modifies any obligation of the Secretary under State law. Nothing in this section affects or modifies any obligation to comply with any applicable Federal law. This section only applies to facilities located in a State in which a Bureau of Reclamation project is located. This section— shall not apply to any dam or reservoir operated by the Bureau of Reclamation as a reserved work, unless all non-Federal project sponsors of a reserved work jointly provide to the Secretary a written request for application of this section to the project; and shall apply only to Bureau of Reclamation transferred works at the written request of the transferred works operating entity. In carrying out subsections (b), (c), and (d), to the maximum extent practicable, the Secretary shall— coordinate with the efforts of the Secretary to complete the reports required under subparagraphs (A)(iii) and
(B)of subsection (a)(2) of section 1046 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2319 note; 128 Stat. 1251); and consider the findings of the reports described in paragraph
(1)if the reports are available prior to carrying out subsections (b), (c), and (d). Not later than 180 days after the date of completion of a modification to an operations manual or flood control rule curve, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report regarding the components of the forecast-based reservoir operations plan incorporated into the change.
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U.S. Code
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- 58 Stat. 890
- 128 Stat. 1251
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