Sec. 81212. Storage project development reports to congress
1,459 words·~7 min read·
/bill/116/hr/2/rds/section-81212A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Non-Federal interest means an eligible entity or a qualified partner (as defined in section 81213(a)). The term project report means the following documents prepared for a Federal storage project or major federally assisted storage project (as defined in section 81213(a)): A feasibility study carried out pursuant to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq.) including any feasibility or equivalent studies prepared for a project pursuant to section 81213(c)(7)(B) or section 81213(d)(7)(B)(i) of this subtitle.
The Fish and Wildlife Coordination Act report described in section 81213(g) of this subtitle prepared for a project. Any final document prepared for a project pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). A brief description of any completed environmental permits, approvals, reviews, or studies required for a project under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). A description of any determinations made by the Secretary under section 81213(d)(7)(A)(ii) for each project and the basis for such determinations.
With respect to a Federal storage project (as defined in section 81213(a)), the term project study means a feasibility study carried out pursuant to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq.) including a feasibility study prepared pursuant to section 81213(c)(7)(B) of this subtitle. With respect to a major federally assisted storage project (as defined in section 81213(a)), the term project study means the feasibility or equivalent studies prepared pursuant to section 81213(d)(7)(B)(i) of this subtitle.
Not later than February 1 of each year, the Secretary shall develop and submit to the relevant committees of Congress an annual report, to be entitled Report to Congress on Future Storage Project Development , that identifies the following: Each project report that meets the criteria established in subsection (d)(1)(A). Any proposed project study submitted to the Secretary by a non-Federal interest pursuant to subsection
(c)that meets the criteria established in subsection (d)(1)(A). Any proposed modification to an authorized project or project study that meets the criteria established in subsection (d)(1)(A) that— is submitted to the Secretary by a non-Federal interest pursuant to subsection (c); or is identified by the Secretary for authorization. Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for project reports, proposed project studies, and proposed modifications to authorized projects and project studies to be included in the annual report. The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph
(1)by not later than 120 days after the date of publication of the notice in the Federal Register in order for the proposals to be considered for inclusion in the annual report. On the date of publication of each notice required by this subsection, the Secretary shall— make the notice publicly available, including on the internet; and provide written notification of the publication to the relevant committees of Congress. The Secretary shall include in the annual report only those project reports, proposed project studies, and proposed modifications to authorized projects and project studies that— are related to the missions and authorities of the Department of the Interior; require specific congressional authorization, including by an Act of Congress; have not been congressionally authorized; have not been included in any previous annual report; and if authorized, could be carried out by the Department of the Interior or a non-Federal entity eligible to carry out a major federally assisted storage project under section 81213. The Secretary shall describe in the annual report, to the extent applicable and practicable, for each proposed project study and proposed modification to an authorized project or project study included in the annual report, the benefits, as described in clause (ii), of each such study or proposed modification. The benefits (or expected benefits, in the case of a proposed project study) described in this clause are benefits to— water supply and water management; the environment, including fish and wildlife benefits estimated under section 81213(g) for a project report or proposed modification to an authorized project; the protection of human life and property; the national economy; or the national security interests of the United States. The Secretary shall identify in the annual report, to the extent practicable— for each proposed project study included in the annual report, the non-Federal interest that submitted the proposed project study pursuant to subsection (c); and for each proposed project study and proposed modification to a project or project study included in the annual report, whether the non-Federal interest has demonstrated— that local support exists for the proposed project study or proposed modification to an authorized project or project study (including the project that is the subject of the proposed project study or the proposed modification to an authorized project study); and the financial ability to provide the required non-Federal cost share. The Secretary shall include in the annual report, for each project report, proposed project study, and proposed modification to a project or project study included under paragraph (1)(A)— the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of— the project report; the proposed project study; the authorized project study for which the modification is proposed; or construction of— the project that is the subject of— the project report; the proposed project study; or the authorized project study for which a modification is proposed; or the proposed modification to a project; a letter or statement of support for the project report, proposed project study, or proposed modification to a project or project study from each associated non-Federal interest; the purpose of the project report, proposed project study, or proposed modification to a project or project study; an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of— the proposed modification to an authorized project study; and construction of— the project that is the subject of— the project report; or the authorized project study for which a modification is proposed, with respect to the change in costs resulting from such modification; or the proposed modification to an authorized project; and an estimate, to the extent practicable, of the monetary and nonmonetary benefits of— the project that is the subject of— the project report; or the authorized project study for which a modification is proposed, with respect to the benefits of such modification; or the proposed modification to an authorized project. The Secretary shall include in the annual report a certification stating that each project report, proposed project study, and proposed modification to a project or project study included in the annual report meets the criteria established in paragraph (1)(A). The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection
(c)that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph. Notwithstanding any other deadlines required by this section, the Secretary shall— not later than 60 days after the date of the enactment of this Act, publish in the Federal Register a notice required by subsection (c)(1); and include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (c)(1) by not later than 120 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section. Upon submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet. The Secretary, acting through the Commissioner of Reclamation, shall confer with the relevant committees of Congress before submitting each annual report prepared under subsection (b). Upon completion, project reports, including all required documents and reports under subsection (b), shall— be submitted to the relevant committees of Congress; and include discussion of the following findings by the Secretary— whether the project is deemed to be feasible in accordance with the applicable feasibility standards under section 81213 and the reclamation laws; The degree to which the project will provide benefits (or expected benefits, in the case of a proposed project study) as described in subsection (d)(1)(B)(ii) and other benefits under the reclamation laws; and whether the project complies with Federal, State, and local laws.
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources