Bill Details

HR.2074 - 119th Congress

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Status
  1. Introduced
  2. Passed House
  3. Passed Senate
  4. To President
  5. Law
Latest action
2025-03-11 - Referred to the Subcommittee on Water Resources and Environment.
Introduced Date
2025-03-11
Policy Area
Water Resources Development
8
0

AI Summary This summary was generated by AI from the bill text. AI can get information wrong.

This bill would limit when the federal government can remove or shut down certain federally run dams, especially hydropower dams. It says a dam could not be breached if doing so would raise carbon emissions by more than 5 percent, make the waterway less useful for shipping, or increase the cost of goods moved through it by at least 5 percent. It also blocks breaching if the replacement energy project would use more land than the dam by at least 5 percent. In addition, the bill would stop the government from retiring a hydropower source if that would raise electricity rates too much or reduce power reliability in several western states. If a dam or power source is considered for removal, the bill requires federal officials to consult other agencies and review the land use involved.

  • The Secretary of the Army could not breach a federally operated dam if the change would increase carbon emissions, hurt commercial navigation, or raise shipping costs by at least 5 percent.
  • A dam also could not be breached if the energy project meant to replace it would take up at least 5 percent more land than the dam currently does.
  • Before making these decisions, federal officials would have to consult with the Energy, Transportation, Agriculture, and Commerce departments, along with relevant state agencies.
  • The bill would also bar retirement of federally operated hydropower if it would raise customer electricity rates by more than 5 percent or reduce reliability by more than 5 percent in parts of Washington, Oregon, Idaho, Montana, Wyoming, and California, and it would require full replacement of the retired baseload power within 30 days.

Official Summaries

No summaries available

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2074 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 2074

    To prohibit the breaching of federally operated dams in certain 
                 circumstances, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2025

Mr. Newhouse (for himself, Mr. Baumgartner, Mr. Fulcher, and Mr. Bentz) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
 Natural Resources, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To prohibit the breaching of federally operated dams in certain 
                 circumstances, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Water Energy 
Resources Act'' or the ``POWER Act''.

SEC. 2. PROHIBITION ON BREACHING OF FEDERALLY OPERATED DAMS.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of the Army may not breach a federally operated dam--
            (1) if the Secretary determines that such breach--
                    (A) would result in an increase in carbon emissions 
                by more than 5 percent;
                    (B) would make the body of water impacted by the 
                breach less navigable for commercial interests; or
                    (C) would result in increase of at least 5 percent 
                of the price of any products, including agricultural 
                products, shipped via the body of water impacted by the 
                breach; or
            (2) if the energy resource intended to replace such dam as 
        a result of such breach would occupy an area of land that is 
        larger in acreage than the area occupied by such dam by at 
        least 5 percent.
    (b) Consultation.--In making the determinations required under 
subsection (a)(1), the Secretary shall--
            (1) consult with the Secretary of Energy with respect to 
        the determination described in subparagraph (A) of such 
        subsection;
            (2) consult with the Secretary of Transportation with 
        respect to the determination described subparagraph (B) of such 
        subsection;
            (3) consult with the Secretary of Agriculture and the 
        Secretary of Commerce with respect to the determination 
        described in subparagraph (C) of such subsection; and
            (4) consult with the relevant agencies in the State in 
        which the dam proposed to be breached is located.
    (c) Study Required.--If the Secretary considers breaching a 
federally operated dam, the Secretary, in coordination with the 
Secretary of the Interior, shall conduct a study analyzing the number 
of acres of land such dam occupies.

SEC. 3. PROHIBITION ON RETIREMENT OF ENERGY GENERATION SOURCES.

    (a) In General.--The Secretary shall not retire an energy 
generation source if the retirement of that energy generation source 
would--
            (1) raise customer electricity rates by more than 5 
        percent; or
            (2) decrease energy reliability, as determined by the 
        Administrator of the Bonneville Power Administration, in any 
        portion of Washington, Oregon, Idaho, Montana, Wyoming, and 
        California by more than 5 percent of the energy reliability as 
        compared to the 12 month period before the retirement.
    (b) Replacement of Baseload Generation.--Not later than 30 days 
after retiring an energy generation source, the Secretary shall ensure 
that not less than 100 percent of the baseload generation of the 
retired energy generation source has been replaced.
    (c) Definitions.--In this section:
            (1) Baseload generation.--The term ``baseload generation'' 
        means the the minimum amount of electric power supplied to an 
        electrical grid.
            (2) Energy generation source.--The term ``energy generation 
        source'' means a federally operated dam that generates 
        hydropower.
            (3) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of the Interior, in reference to 
                an energy generation source operated by the Bureau of 
                Reclamation; and
                    (B) the Secretary of the Army, in reference to an 
                energy generation source operated by the Army Corps of 
                Engineers.
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