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H.R. 9497IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 124 · H.R. 9497

Reservoir sediment pilot program

Title I — General Provisions

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No wording changed between Committee version and Passed the House.

How the text changed

Committee version · Sec. 123

(a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish, using available funds, a pilot program under which the Secretary may accept services provided by a State for the removal of sediment captured behind a project for the purpose of restoring the authorized storage capacity of the project. (b) Requirements In carrying out this section, the Secretary shall— (1) review the services of the State to ensure that the services are consistent with the authorized purposes of the project; (2) ensure that the State will indemnify the United States for, or has entered into an agreement approved by the Secretary to address, any adverse impact to the project as a result of such services; and (3) require the State, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the sediment profile and quality before and after the completion of such services. (c) Limitation (1) In general The Secretary may not accept services under subsection (a) if the Secretary, after consultation with the Chief of Engineers, determines that accepting the services is not advantageous to the United States. (2) Report to Congress If the Secretary makes a determination under paragraph (1) that accepting services is not advantageous to the United States, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning for the determination. (d) Agreement Prior to accepting services under subsection (a), the Secretary shall enter into a written agreement with the State and the non-Federal interest for the project that authorizes the Secretary to provide credit to the non-Federal interest for operation and maintenance of the project for the value of the services provided under subsection (a) that the Secretary determines are integral to the project. (e) Congressional notification Prior to accepting services provided by a State under subsection (a), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice that the Secretary intends to accept the services. (f) Prioritization In carrying out the pilot program under subsection (a), the Secretary shall prioritize accepting services for projects in the following locations: (1) John Redmond Reservoir, Kansas, authorized pursuant to section 204 of the Flood Control Act of 1950 (64 Stat. 173). (2) Kanopolis Lake, Kansas, and the surrounding lands managed by the Corps of Engineers. (3) Tuttle Creek Lake, Kansas, authorized pursuant to section 2 of the Act of June 28, 1938 (chapter 795, 52 Stat. 1218). (4) Sardis Lake reservoir, Oklahoma, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1187; 95 Stat. 1137). (g) Project defined In this section, the term project means a dam owned or operated by the United States and under the jurisdiction of the Secretary. (h) Termination This pilot program shall terminate on the date that is 10 years after the date of enactment of this Act.

•HR 9497 RHSEC. 123
Passed the House · Sec. 123

(a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish, using available funds, a pilot program under which the Secretary may accept services provided by a State for the removal of sediment captured behind a project for the purpose of restoring the authorized storage capacity of the project. (b) Requirements In carrying out this section, the Secretary shall— (1) review the services of the State to ensure that the services are consistent with the authorized purposes of the project; (2) ensure that the State will indemnify the United States for, or has entered into an agreement approved by the Secretary to address, any adverse impact to the project as a result of such services; and (3) require the State, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the sediment profile and quality before and after the completion of such services. (c) Limitation (1) In general The Secretary may not accept services under subsection (a) if the Secretary, after consultation with the Chief of Engineers, determines that accepting the services is not advantageous to the United States. (2) Report to Congress If the Secretary makes a determination under paragraph (1) that accepting services is not advantageous to the United States, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning for the determination. (d) Agreement Prior to accepting services under subsection (a), the Secretary shall enter into a written agreement with the State and the non-Federal interest for the project that authorizes the Secretary to provide credit to the non-Federal interest for operation and maintenance of the project for the value of the services provided under subsection (a) that the Secretary determines are integral to the project. (e) Congressional notification Prior to accepting services provided by a State under subsection (a), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice that the Secretary intends to accept the services. (f) Prioritization In carrying out the pilot program under subsection (a), the Secretary shall prioritize accepting services for projects in the following locations: (1) John Redmond Reservoir, Kansas, authorized pursuant to section 204 of the Flood Control Act of 1950 (64 Stat. 173). (2) Kanopolis Lake, Kansas, and the surrounding lands managed by the Corps of Engineers. (3) Tuttle Creek Lake, Kansas, authorized pursuant to section 2 of the Act of June 28, 1938 (chapter 795, 52 Stat. 1218). (4) Sardis Lake reservoir, Oklahoma, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1187; 95 Stat. 1137). (g) Project defined In this section, the term project means a dam owned or operated by the United States and under the jurisdiction of the Secretary. (h) Termination This pilot program shall terminate on the date that is 10 years after the date of enactment of this Act.

•HR 9497 EHSEC. 123

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Sec. 124: Reservoir sediment pilot program · Public Law Tracker