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