To provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River... in plain language
Sec. 1: Memorandum of understanding to address potential impacts of a certain record of decision on the Upper Colorado River Basin Fund
This section would require the Secretary of the Interior, acting through the Commissioner of Reclamation, and the Secretary of Energy, acting through the Administrator of the Western Area Power Administration, in consultation with the Glen Canyon Dam Adaptive Management Work Group, to enter into a memorandum of understanding as soon as practicable after this Act becomes law. The memorandum would have to explore and address the impact that a specific record of decision, the Supplement to the 2016 Glen Canyon Dam Long-Term Experimental and Management Plan Record of Decision dated July 2024, has on the Upper Colorado River Basin Fund. Using information drawn from existing hydropower contracts, the memorandum would have to include a plan covering three things: first, the effects the record of decision may have on the Fund's obligations, including routine operations, maintenance, and replacement of critical infrastructure; second, the impact the record of decision has on hydropower production at Glen Canyon Dam, including costs to replace hydropower resources and grid reliability; and third, the impacts the record of decision has had on species listed as threatened or endangered under section 4 of the Endangered Species Act of 1973. The section also states that nothing in this Act would preempt rights or obligations under the Administrative Procedure Act.
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1. Memorandum of understanding to address potential impacts of a certain record of decision on the Upper Colorado River Basin Fund (a) In general As soon as practicable after the date of enactment of this Act, the Secretary of the Interior, acting through the Commissioner of Reclamation, and the Secretary of Energy, acting through the Administrator of the Western Area Power Administration, in consultation with the Glen Canyon Dam Adaptive Management Work Group, shall enter into a memorandum of understanding to explore and address the impact that the record of decision entitled the Supplement to the 2016 Glen Canyon Dam Long-Term Experimental and Management Plan Record of Decision and dated July 2024 (referred to in this section as the record of decision ) has on the Upper Colorado River Basin Fund (referred to in this section as the Fund ). (b) Required plan The memorandum of understanding entered into under subsection (a) shall, using information derived from existing hydropower contracts, include the establishment of a plan to— (1) address the effects that the record of decision may have on Fund obligations including routine operations, maintenance, and replacement of critical infrastructure; (2) address the impact that the record of decision has on hydropower production at Glen Canyon Dam, including costs to replace hydropower resources and grid reliability; and (3) identify impacts that the record of decision has had on species listed as a threatened species or an endangered species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ). (c) Savings clauses Nothing in this Act shall preempt rights or obligations under subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act ).