H.R. 9249House117th Congress (2021-2023)In Committee

To address the recovery of certain costs with respect to certain Reclamation facilities in the Colorado River Basin, and for other purposes.

Introduced October 28, 2022

AI-Generated Summary

Updated February 8, 2026 at 6:15 PM UTC

The bill stops the Interior Department from charging certain hydropower contractors for costs when Reclamation hydroelectric facilities in the Colorado River Basin can’t produce power because of drought. It also prevents the recovery of construction costs for any water year in which a facility goes more than 180 days without generating power. Those unrecovered costs become non‑reimbursable to the United States, and extra funding is authorized for the Interior Secretary and the Western Area Power Administration to cover the shortfall. The measure does not change any existing water rights.

Key Provisions

  • Prohibits allocating operations and maintenance costs to preference hydropower contractors when a Reclamation facility cannot generate power due to dry hydrologic conditions.
  • Bars recovery of construction costs from those contractors for any water year with more than 180 days of zero power production.
  • Declares any such costs incurred by the United States as non‑reimbursable to the federal government.
  • Specifies that the rule does not affect water rights of the United States, Indian tribes, states, or private persons.
  • Appropriates additional funds each fiscal year to the Secretary of the Interior and the Western Area Power Administration to cover activities that would otherwise be funded by contractor payments.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Natural Resources.

October 28, 2022

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HouseIntro Referral

Introduced in House

October 28, 2022

HouseIntro Referral

Referred to the House Committee on Natural Resources.

October 28, 2022

Bill Text

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Introduced in HouseIssued October 28, 2022

I

117th CONGRESS

2d Session

H. R. 9249

IN THE HOUSE OF REPRESENTATIVES

October 28, 2022

Mr. O'Halleran introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To address the recovery of certain costs with respect to certain Reclamation facilities in the Colorado River Basin, and for other purposes.

1.

Recovery of certain costs with respect to certain Colorado River Basin Reclamation facilities

(a)

In general

With respect to hydropower production from any Reclamation facility in the Colorado River Basin with hydropower as an authorized project purpose, the Secretary of the Interior shall not—

(1)

allocate to preference hydropower contractors who receive power from the applicable Reclamation facility any operations and maintenance costs for any period during which the applicable facility is not able to generate hydropower as a result of dry hydrologic conditions; or

(2)

recover from preference hydropower contractors construction costs for the Reclamation facility for any water year during which, for a period of more than 180 days, no power is produced by the applicable facility.

(b)

Nonreimbursable costs

Any costs incurred by the United States under subsection (a) shall be nonreimbursable to the United States.

(c)

Effect

Nothing in this section alters or affects any water right with respect to—

(1)

the United States;

(2)

any Indian Tribe, band, or community;

(3)

any State or political subdivision of a State; or

(4)

any person.

(d)

Funding

In addition to amounts otherwise available, there is appropriated to the Secretary of the Interior and the Administrator of the Western Area Power Administration for each fiscal year, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary for the Secretary of the Interior and the Administrator of the Western Area Power Administration, respectively, to carry out authorized activities and obligations that would otherwise be carried out using amounts collected from preference hydropower contractors as payments for the costs described in subsection (a).