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Code · STATUTE-COMPILATIONS · Water Resources Reform and Development Act of 2014 · Sec. 1046

Sec. 1046. RESERVOIR OPERATIONS AND WATER SUPPLY

1,735 words·~8 min read·/statute-compilations/comps-11481/sec-1046

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## SEC. 1046 RESERVOIR OPERATIONS AND WATER SUPPLY **[**[33 U.S.C. 2319 note](/us/usc/t33/s2319)**]** ###
(a)Dam Optimization ####
(1)Definition of project In this subsection, the term “project” means a water resources development project that is operated and maintained by the Secretary. ####
(2)Reports #####
(A)Assessment of water supply in arid regions ######
(i)In general The Secretary shall conduct an assessment of the management practices, priorities, and authorized purposes at Corps of Engineers reservoirs in arid regions to determine the effects of such practices, priorities, and purposes on water supply during periods of drought. ######
(ii)Inclusions The assessment under clause
(i)shall identify actions that can be carried out within the scope of existing authorities of the Secretary to increase project flexibility for the purpose of mitigating drought impacts. ######
(iii)Report 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 and make publicly available a report on the results of the assessment. #####
(B)Updated report ######
(i)In general Not later than 2 years after the date of enactment of this Act, the Secretary shall update and make publicly available the report entitled “Authorized and Operating Purposes of Corps of Engineers Reservoirs” and dated July 1992, which was produced pursuant to section 311 of the Water Resources Development Act of 1990 (104 Stat. 4639). ######
(ii)Inclusions The updated report described in clause
(i)shall— ######
(I)include— ######
(aa)the date on which the most recent review of project operations was conducted and any recommendations of the Secretary relating to that review the Secretary determines to be significant; ######
(bb)the activities carried out pursuant to each such review to improve the efficiency of operations and maintenance and to improve project benefits consistent with authorized purposes; ######
(cc)the degree to which reviews of project operations and subsequent activities pursuant to completed reviews complied with the policies and requirements of applicable law and regulations; and ######
(dd)a plan for reviewing the operations of individual projects, including a detailed schedule for future reviews of project operations, that— ######
(AA)complies with the polices and requirements of applicable law and regulations; ######
(BB)gives priority to reviews and activities carried out pursuant to such plan where the Secretary determines that there is support for carrying out those reviews and activities; and ######
(CC)ensures that reviews and activities are carried out pursuant to such plan; ######
(II)be coordinated with appropriate Federal, State, and local agencies and those public and private entities that the Secretary determines may be affected by those reviews or activities; ######
(III)not supersede or modify any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act; ######
(IV)not supersede or authorize any amendment to a multistate water control plan, including the Missouri River Master Water Control Manual (as in effect on the date of enactment of this Act); ######
(V)not affect any water right in existence on the date of enactment of this Act; ######
(VI)not preempt or affect any State water law or interstate compact governing water; ######
(VII)not affect any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State; and ######
(VIII)comply with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b). ####
(3)General accountability office report to congress The Comptroller General shall— #####
(A)conduct an audit to determine— ######
(i)whether reviews of project operations carried out by the Secretary prior to the date of enactment of this Act complied with the policies and requirements of applicable law and regulations; and ######
(ii)whether the plan developed by the Secretary pursuant to paragraph (2)(B)(ii)(I)(dd) complies with this subsection and with the policies and requirements of applicable law and regulation; and #####
(B)not later than 2 years after the date of enactment of this Act, submit to Congress a report that— ######
(i)summarizes the results of the audit required by subparagraph (A); ######
(ii)includes an assessment of whether existing practices for managing and reviewing project operations could result in greater efficiencies that would enable the Corps of Engineers to better prepare for, contain, and respond to flood, storm, and drought conditions; and ######
(iii)includes recommendations for improving the review of project operations to improve the efficiency and effectiveness of such operations and to better achieve authorized purposes while enhancing overall project benefits. ####
(4)Interagency and cooperative agreements The Secretary may enter into interagency agreements with other Federal agencies and cooperative agreements with non-Federal entities to carry out this subsection and reviews of project operations or activities resulting from those reviews. ####
(5)Funding #####
(A)In general The Secretary may use to carry out this subsection, including any reviews of project operations identified in the plan developed under paragraph (2)(B)(ii)(I)(dd), amounts made available to the Secretary. #####
(B)Funding from other sources The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to carry out this subsection and reviews of project operations or activities resulting from those reviews. ####
(6)Effect of subsection #####
(A)In general Nothing in this subsection changes the authorized purpose of any Corps of Engineers dam or reservoir. #####
(B)Administration The Secretary may carry out any recommendations and activities under this subsection pursuant to existing law. ###
(b)Improving Planning and Administration of Water Supply Storage **[**[43 U.S.C. 390b-1](/us/usc/t43/s390b-1)**]** ####
(1)In general For each water supply feature of a reservoir managed by the Secretary, the Secretary shall notify the applicable non-Federal interests before each fiscal year of the anticipated operation and maintenance activities for that fiscal year and each of the subsequent 4 fiscal years (including the cost of those activities) for which the non-Federal interests are required to contribute amounts. ####
(2)Clarification The information provided to a non-Federal interest under paragraph
(1)shall— #####
(A)be an estimate which the non-Federal interest may use for planning purposes; and #####
(B)not be construed as or relied upon by the non-Federal interest as the actual amounts that the non-Federal interest will be required to contribute. ###
(c)Surplus Water Storage ####
(1)In general The Secretary shall not— #####
(A)charge a fee for surplus water under a contract entered into pursuant to section 6 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (33 U.S.C. 708) if the contract is for surplus water stored in the Upper Missouri Mainstem Reservoirs; or #####
(B)assess a water storage fee with respect to any water storage in the Upper Missouri Mainstem Reservoirs. ####
(2)Offset #####
(A)In general Subject to subparagraph (B), of any amounts made available to the Secretary to carry out activities under the heading “operation and maintenance” under the heading “Corps of Engineers-Civil” that remain unobligated as of the date of enactment of this Act, $5,000,000 is rescinded. #####
(B)Restriction No amounts that have been designated by Congress as being for emergency requirements pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)) shall be rescinded under subparagraph (A). ####
(3)Applicability Nothing in this subsection— #####
(A)affects the authority of the Secretary under section 2695 of title 10, United States Code, to accept funds or to cover the administrative expenses relating to certain real property transactions; or #####
(B)affects the application of section 6 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (33 U.S.C. 708) to surplus water stored outside of the Upper Missouri Mainstem Reservoirs. ###
(d)Future Water Supply Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is amended— ####
(1)by redesignating subsections
(c)and
(d)as subsections
(d)and (e), respectively; and ####
(2)by inserting after subsection
(b)the following: > > ### “(c) Release of Future Water Storage > > > #### “(1) Establishment of 10-year plans for the utilization of future storage > > > ##### “(A) In general > > For the period beginning 180 days after the date of enactment of this paragraph and ending on January 1, 2016, the Secretary may accept from a State or local interest a plan for the utilization of allocated water storage for future use under this Act. > > > ##### “(B) Contents > > A plan submitted under subparagraph
(A)shall include— > > > ###### “(i) > > a 10-year timetable for the conversion of future use storage to present use; and > > > ###### “(ii) > > a schedule of actions that the State or local interest agrees to carry out over a 10-year period, in cooperation with the Secretary, to seek new and alternative users of future water storage that is contracted to the State or local interest on the date of enactment of this paragraph. > > > #### “(2) Future water storage > > For water resource development projects managed by the Secretary, a State or local interest that the Secretary determines has complied with paragraph
(1)may request from the Secretary a release to the United States of any right of the State or local interest to future water storage under this Act that was allocated for future use water supply prior to November 17, 1986. > > > #### “(3) Administration > > > ##### “(A) In general > > Not later than 180 days after receiving a request under paragraph (2), the Secretary shall provide to the applicable State or local interest a written decision on whether the Secretary recommends releasing future water storage rights. > > > ##### “(B) Recommendation > > If the Secretary recommends releasing future water storage rights, the Secretary shall include that recommendation in the annual plan submitted under section 7001 of the Water Resources Reform and Development Act of 2014. > > > #### “(4) Savings clause > > Nothing in this subsection authorizes the Secretary to release a State or local interest from a contractual obligation unless specifically authorized by Congress.” > .
Connectionstraces to 5
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  • 104 Stat. 4639
Citation graph
cites case law
Sec. 1046
RESERVOIR OPERATIONS AND WATER SUPPLY
U.S.C.§ 2319
U.S.C.§ 390b
U.S.C.§ 390b–1
U.S.C.§ 708
U.S.C.§ 901
Stat.104 Stat. 4639
Cites 6Cited by 0 across 0 sources
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