Sec. 3. Use of revenue for drought resilience investments, extraordinary maintenance activities, or dam safety investments

585 words·~3 min read·/bill/118/s/5011/is/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section: The term dam safety investment means a project to satisfy dam safety standards— under the Federal Guidelines for Dam Safety issued by the Federal Emergency Management Agency or the Interagency Committee on Dam Safety; under the Bureau of Reclamation Dam Safety Program carried out under the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 506 et seq. ), including repayment of an obligation for a corrective action taken pursuant to that program; or required by the State for a non-Federal dam in which a Bureau of Reclamation project or facility is located.

The term drought resilience investment means an improvement or addition to an eligible facility that would increase drought resilience in a Reclamation State. The term eligible facility means— a project or facility owned by the Bureau of Reclamation; and a non-Federal facility that stores, transports, or delivers water to or from a Bureau of Reclamation project or facility. The term eligible temporary transfer means the temporary and voluntary selling, leasing, or exchanging of water or water rights among individuals or agencies that is allowable under the reclamation laws and the water law of the applicable State.

The term extraordinary maintenance activity means annual payments on repayment obligations incurred under section 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b ). The term transferor means the holder of a water service, transferred works, water repayment, or other contract that entitles the holder to water from a Bureau of Reclamation project or facility that undertakes an eligible temporary transfer. Notwithstanding the Act of February 25, 1920 (41 Stat. 451, chapter 86; 43 U.S.C. 521 ), or subsection J of section 4 of the Act of December 5, 1924 (43 Stat. 703, chapter 4; 43 U.S.C. 526 ), a transferor may retain all amounts derived from an eligible temporary transfer that would otherwise be deposited in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391 ), in accordance with this section.

Any funds retained by a transferor under paragraph

(1)may be used on completion of the repayment of capital, if the funds are— used for a drought resilience investment, extraordinary maintenance activity, or dam safety investment; or placed in the reserve account of the transferor, to be used for future drought resilience investments, extraordinary maintenance activities, or dam safety investments, subject to paragraph (3). Any funds placed in the reserve account of the transferor pursuant to paragraph (2)(B) that are not used for drought resilience investments, extraordinary maintenance activities, or dam safety investments by the date that is 10 years after the date of the placement shall be transferred to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093). The transferor shall report to the Commissioner of Reclamation on the use of any uses of funds derived from an eligible temporary transfer. Nothing in this section— affects any other authority of the Secretary of the Interior to use amounts derived from revenues from a Bureau of Reclamation project; or creates, impairs, alters, or supersedes a State water right. Any eligible temporary transfer shall comply with all applicable— State water laws; Federal laws and policies; and interstate water compacts. This section supplements and amends 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. ).

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