S. 4232Senate117th Congress (2021-2023)In Committee

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

AI-Generated Summary

Updated February 8, 2026 at 3:29 PM UTC

This bill changes how costs are handled for hydroelectric projects at Reclamation facilities in the Colorado River Basin. It stops the government from passing on operation, maintenance, and construction costs to hydropower contractors when the plants cannot generate electricity due to drought conditions, and makes those costs a non‑reimbursable expense for the United States. The bill also provides extra funding to cover the shortfall.

Key Provisions

The Interior Secretary cannot charge hydropower contractors for operations and maintenance costs when a Colorado River Basin Reclamation facility cannot produce power because of dry conditions.
The Secretary also cannot recover construction costs from those contractors for any water year in which the facility goes more than 180 days without generating power.
Any costs the United States incurs under these rules are not reimbursed to the government.
Additional funding is authorized each fiscal year for the Interior Department and the Western Area Power Administration to cover the activities and obligations that would have been paid for by the contractors.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

2 earlier actions

SenateCommittee Latest Action

Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held.

Water and Power Subcommittee

May 25, 2022

View full timeline

SenateIntro Referral

Introduced in Senate

May 17, 2022

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

Energy and Natural Resources Committee

May 17, 2022

SenateCommittee

Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held.

Water and Power Subcommittee

May 25, 2022

Bill Text

Latest available legislative text

Reading Mode

Raw Text PDF XML

Introduced in SenateIssued May 17, 2022

117th CONGRESS

2d Session

S. 4232

IN THE SENATE OF THE UNITED STATES

May 17, 2022

Mr. Kelly introduced the following bill; which was read twice and referred to the Committee on Energy and 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.

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).