Us Congress 2025-2026 Regular Session

Us Congress House Bill HB2074 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 2074
55 To prohibit the breaching of federally operated dams in certain circumstances,
66 and for other purposes.
77 IN THE HOUSE OF REPRESENTATIVES
88 MARCH11, 2025
99 Mr. N
1010 EWHOUSE(for himself, Mr. BAUMGARTNER, Mr. FULCHER, and Mr.
1111 B
1212 ENTZ) introduced the following bill; which was referred to the Com-
1313 mittee on Transportation and Infrastructure, and in addition to the Com-
1414 mittee on Natural Resources, for a period to be subsequently determined
1515 by the Speaker, in each case for consideration of such provisions as fall
1616 within the jurisdiction of the committee concerned
1717 A BILL
1818 To prohibit the breaching of federally operated dams in
1919 certain circumstances, and for other purposes.
2020 Be it enacted by the Senate and House of Representa-1
2121 tives of the United States of America in Congress assembled, 2
2222 SECTION 1. SHORT TITLE. 3
2323 This Act may be cited as the ‘‘Protecting Our Water 4
2424 Energy Resources Act’’ or the ‘‘POWER Act’’. 5
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2727 •HR 2074 IH
2828 SEC. 2. PROHIBITION ON BREACHING OF FEDERALLY OP-1
2929 ERATED DAMS. 2
3030 (a) I
3131 NGENERAL.—Notwithstanding any other provi-3
3232 sion of law, the Secretary of the Army may not breach 4
3333 a federally operated dam— 5
3434 (1) if the Secretary determines that such 6
3535 breach— 7
3636 (A) would result in an increase in carbon 8
3737 emissions by more than 5 percent; 9
3838 (B) would make the body of water im-10
3939 pacted by the breach less navigable for commer-11
4040 cial interests; or 12
4141 (C) would result in increase of at least 5 13
4242 percent of the price of any products, including 14
4343 agricultural products, shipped via the body of 15
4444 water impacted by the breach; or 16
4545 (2) if the energy resource intended to replace 17
4646 such dam as a result of such breach would occupy 18
4747 an area of land that is larger in acreage than the 19
4848 area occupied by such dam by at least 5 percent. 20
4949 (b) C
5050 ONSULTATION.—In making the determinations 21
5151 required under subsection (a)(1), the Secretary shall— 22
5252 (1) consult with the Secretary of Energy with 23
5353 respect to the determination described in subpara-24
5454 graph (A) of such subsection; 25
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5757 •HR 2074 IH
5858 (2) consult with the Secretary of Transpor-1
5959 tation with respect to the determination described 2
6060 subparagraph (B) of such subsection; 3
6161 (3) consult with the Secretary of Agriculture 4
6262 and the Secretary of Commerce with respect to the 5
6363 determination described in subparagraph (C) of such 6
6464 subsection; and 7
6565 (4) consult with the relevant agencies in the 8
6666 State in which the dam proposed to be breached is 9
6767 located. 10
6868 (c) S
6969 TUDYREQUIRED.—If the Secretary considers 11
7070 breaching a federally operated dam, the Secretary, in co-12
7171 ordination with the Secretary of the Interior, shall conduct 13
7272 a study analyzing the number of acres of land such dam 14
7373 occupies. 15
7474 SEC. 3. PROHIBITION ON RETIREMENT OF ENERGY GEN-16
7575 ERATION SOURCES. 17
7676 (a) I
7777 NGENERAL.—The Secretary shall not retire an 18
7878 energy generation source if the retirement of that energy 19
7979 generation source would— 20
8080 (1) raise customer electricity rates by more 21
8181 than 5 percent; or 22
8282 (2) decrease energy reliability, as determined by 23
8383 the Administrator of the Bonneville Power Adminis-24
8484 tration, in any portion of Washington, Oregon, 25
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8888 Idaho, Montana, Wyoming, and California by more 1
8989 than 5 percent of the energy reliability as compared 2
9090 to the 12 month period before the retirement. 3
9191 (b) R
9292 EPLACEMENT OF BASELOADGENERATION.— 4
9393 Not later than 30 days after retiring an energy generation 5
9494 source, the Secretary shall ensure that not less than 100 6
9595 percent of the baseload generation of the retired energy 7
9696 generation source has been replaced. 8
9797 (c) D
9898 EFINITIONS.—In this section: 9
9999 (1) B
100100 ASELOAD GENERATION .—The term ‘‘base-10
101101 load generation’’ means the the minimum amount of 11
102102 electric power supplied to an electrical grid. 12
103103 (2) E
104104 NERGY GENERATION SOURCE .—The term 13
105105 ‘‘energy generation source’’ means a federally oper-14
106106 ated dam that generates hydropower. 15
107107 (3) S
108108 ECRETARY.—The term ‘‘Secretary’’ 16
109109 means— 17
110110 (A) the Secretary of the Interior, in ref-18
111111 erence to an energy generation source operated 19
112112 by the Bureau of Reclamation; and 20
113113 (B) the Secretary of the Army, in ref-21
114114 erence to an energy generation source operated 22
115115 by the Army Corps of Engineers. 23
116116 Æ
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