S.Amdt. 3057

SA 3057. Mr. FLAKE (for himself and Mrs. Feinstein) submitted an
amendment intended to be proposed to amendment SA 2953 proposed by Ms.
Murkowski to the bill S. 2012, to provide for the modernization of the
energy policy of the United States, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. HYDROPOWER RESERVOIR OPERATION IMPROVEMENT.

(a) Definitions.--In this section:
(1) Reserved works.--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.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(3) Transferred works.--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.
(4) Transferred works operating entity.--The term
``transferred works operating entity'' means the organization
that is contractually responsible for operation and
maintenance of transferred works.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of the Senate and 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, non-
Federal projects, and transferred works, 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--
(1) the year the original water control manual was
approved;
(2) the year for any subsequent revisions to the water
control plan and manual of the project;
(3) a list of projects for which--
(A) operational deviations for drought contingency have
been requested;
(B) the status of the request; and
(C) a description of how water conservation and water
quality improvements were addressed; and
(4) a list of projects for which permanent or seasonal
changes to storage allocations have been requested, and the
status of the request.
(c) Project Identification.--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--
(1) for which the modification of the water operations
manuals, including flood control rule curve, would be likely
to enhance existing authorized project purposes for water
supply benefits and flood control operations;
(2) 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
(3) 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.
(d) Pilot Projects.--
(1) In general.--Not later than 1 year after the date of
identification of projects under subsection (c), if any, the
Secretary shall carry out not more 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--
(A) forecast-informed operations;
(B) new watershed data; and
(C) if applicable, in the case of non-Federal projects,
structural improvements.
(2) Consultation.--In implementing a pilot project under
this subsection, the Secretary shall consult with all
affected interests, including--
(A) non-Federal entities responsible for operations and
maintenance costs of a Federal facility;
(B) individuals and entities with storage entitlements; and
(C) local agencies with flood control responsibilities
downstream of a facility.
(e) Coordination With Non-federal Project Entities.--If a
project identified under subsection (c) is--
(1) a non-Federal project, the Secretary, prior to carrying
out an activity under this section, shall--
(A) consult with the non-Federal project owner; and
(B) 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
(2) a Federal project, the Secretary, prior to carrying out
an activity under this section, shall--
(A) 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--
(i) manages (in whole or in part) a Federal dam or
reservoir; or
(ii) is responsible for operations and maintenance costs;
and
(B) 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.
(f) Consideration.--In designing and implementing a
forecast-informed reservoir operations plan, the Secretary
may consider--
(1) the relationship between ocean and atmospheric
conditions, including--
(A) the El Nino and La Nina cycles; and
(B) the potential for above-normal, normal, and below-
normal rainfall for the coming water year, including
consideration of atmospheric river forecasts;
(2) 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;
(3) improved hydrologic forecasting for precipitation,
snowpack, and soil moisture conditions;
(4) 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
(5) proactive management in response to changes in
forecasts.
(g) Funding.--The Secretary may accept and expend amounts
from non-Federal entities 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--
(1) a Corps of Engineers project;
(2) a non-Federal project regulated for flood control by
the Secretary; or
(3) a Bureau of Reclamation transferred works regulated for
flood control by the Secretary.
(h) Effect.--
(1) Manual revisions.--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.
(2) Effect of section.--
(A) 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.
(B) Nothing in this section affects or modifies any
obligation of the Secretary under State law.
(3) Bureau of reclamation reserved works excluded.--This
section--
(A) 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
(B) shall apply only to Bureau of Reclamation transferred
works at the written request of the transferred works
operating entity.
(i) Modifications to Manuals and Curves.--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 Congress a report regarding the components of
the forecast-based reservoir operations plan incorporated
into the change.
______