H. R. 3144
IN THE SENATE OF THE UNITED STATES
April 26, 2018
Received; read twice and referred to the Committee on Environment and Public Works
To provide for operations of the Federal Columbia River Power System pursuant to a certain operation plan for a specified period of time, and for other purposes.
For the purposes of this Act:
The term FCRPS means those portions of the Federal Columbia River Power System that are the subject of the Supplemental Opinion.
The term Secretaries means—
the Secretary of the Interior, acting through the Bureau of Reclamation;
the Secretary of Energy, acting through the Bonneville Power Administration; and
Secretaries of the Army, acting through the Army Corps of Engineers.
The term Supplemental Opinion means the document titled
Endangered Species Act Section 7(a)(2) Supplemental Biological Opinion, NOAA Fisheries Log Number NWR–2013–9562, and dated January 17, 2014, which supplements, without replacing, the 2008 and 2010 FCRPS Biological Opinions and the Reasonable and Prudent Alternative contained therein.
Operation of FCRPS
The Secretaries shall operate the FCRPS in a manner consistent with the reasonable and prudent alternative set forth in the Supplemental Opinion until the later of the following dates:
September 30, 2022.
The date upon which a subsequent final biological opinion for the FCRPS operations is—
issued after completion of the final environmental impact statement on a record of decision for a new operations plan for the FCRPS; and
in effect, with no pending further judicial review.
Amendments to Supplemental Opinion
Notwithstanding section 2, the Secretaries may amend portions of the Supplemental Opinion and operate the FCRPS in accordance with such amendments, before the date established under section 2 if all of the Secretaries determine, in the sole discretion of each Secretary, that—
the amendment is necessary for public safety or transmission and grid reliability; or
the actions, operations, or other requirements that the amendment would remove are no longer warranted.
Restriction on amendments
The process described in subsection (a) shall be the only method by which the Secretaries may operate the FCRPS during the time period established under section 2 in any way that is not consistent with the reasonable and prudent alternatives set forth in the Supplemental Opinion.
Limitation on restricting FCRPS electrical generation or navigation on the Snake River
No structural modification, action, study, or engineering plan that restricts electrical generation at any FCRPS hydroelectric dam, or that limits navigation on the Snake River in the State of Washington, Oregon, or Idaho, shall proceed unless such proposal is specifically and expressly authorized by an Act of Congress enacted after the date of the enactment of this Act. Nothing in this section affects or interferes with the authority of the Secretaries to conduct operation and maintenance activities or make capital improvements necessary to meet authorized project purposes of FCRPS facilities.
Passed the House of Representatives April 25, 2018.
Karen L. Haas,