H.R.1001 - To provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River Basin Fund. (119th Congress)
Summary
H.R. 1001 directs the Secretary of the Interior and the Secretary of Energy to enter into a memorandum of understanding (MOU) regarding the impact of a specific record of decision (Supplement to the 2016 Glen Canyon Dam Long-Term Experimental and Management Plan Record of Decision) on the Upper Colorado River Basin Fund. The MOU aims to address the effects of the record of decision on the Fund's obligations, hydropower production at Glen Canyon Dam, and impacts on threatened or endangered species. The bill emphasizes using existing hydropower contracts to inform the plan developed under the MOU.
The bill requires the development of a plan to mitigate the impacts on the Upper Colorado River Basin Fund. This includes addressing routine operations, maintenance, and replacement of critical infrastructure.
Finally, the bill includes savings clauses, specifying that it does not preempt rights or obligations under the Administrative Procedure Act.
Expected Effects
The primary effect of this bill will be the creation of a memorandum of understanding between the Department of Interior and the Department of Energy. This MOU will focus on mitigating the financial and ecological impacts of the Glen Canyon Dam's operational decisions.
Specifically, it will lead to a plan that addresses the financial obligations of the Upper Colorado River Basin Fund and the impact on hydropower production. It also requires consideration of the effects on endangered species.
Ultimately, the bill seeks to balance environmental concerns with economic realities related to water and power management in the Colorado River Basin.
Potential Benefits
- Addresses Financial Impacts: The MOU will specifically address the financial impacts on the Upper Colorado River Basin Fund, ensuring continued operation and maintenance of critical infrastructure.
- Considers Hydropower Production: The plan will evaluate the impact on hydropower production at Glen Canyon Dam, seeking to mitigate potential losses and maintain grid reliability.
- Environmental Protection: The MOU requires consideration of impacts on threatened and endangered species, promoting environmental stewardship.
- Collaborative Approach: The bill mandates consultation with the Glen Canyon Dam Adaptive Management Work Group, fostering a collaborative approach to problem-solving.
- Uses Existing Information: The plan will be based on information derived from existing hydropower contracts, potentially streamlining the process and reducing costs.
Potential Disadvantages
- Limited Scope: The bill focuses narrowly on the impacts of a specific record of decision, potentially overlooking broader issues affecting the Colorado River Basin.
- Potential for Inaction: A memorandum of understanding is not legally binding and may not result in concrete actions or solutions.
- Delayed Implementation: The bill requires action "as soon as practicable," which leaves room for delays and bureaucratic hurdles.
- Uncertain Outcomes: The effectiveness of the MOU will depend on the cooperation and commitment of the involved agencies and stakeholders.
- Focus on Mitigation, Not Prevention: The bill primarily addresses the impacts of past decisions rather than proactively preventing future problems.
Constitutional Alignment
The bill appears to align with the constitutional principle of promoting the general welfare (Preamble). It does so by addressing water resource management and its economic and environmental impacts. Congress has the power to legislate on matters related to interstate commerce and federal lands, which are relevant to the Colorado River Basin. Article I, Section 8, Clause 3 (Commerce Clause) gives Congress the power to regulate commerce among the several states.
Furthermore, the bill does not appear to infringe on any specific constitutional rights or limitations. The savings clause regarding the Administrative Procedure Act reinforces adherence to due process and regulatory procedures.
Overall, the bill falls within the scope of congressional authority and does not raise immediate constitutional concerns.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).