Critical Infrastructure Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5445 To amend the Endangered Species Act of 1973 to encourage the construction of critical infrastructure, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 17, 2019 Mr. STEWART introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Endangered Species Act of 1973 to encourage the construction of critical infrastructure, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be referred to as the ‘‘Critical Infra- 4 structure Act of 2019’’. 5 SEC. 2. TRANSPARENCY AND REPORTING. 6 (a) INFORMATION INCLUDED IN MONTHLY BILLING 7 TO POWER CUSTOMERS.—The Administrators of each of 8 the Bonneville Power Administration, the Western Area 9 Power Administration, the Southwestern Power Adminis- 10 VerDate Sep 11 2014 20:08 Jan 02, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5445.IH H5445 lotter on DSKBCFDHB2PROD with BILLS 2 •HR 5445 IH tration, and the Southeastern Power Administration shall 1 include in monthly billings sent to each of their power cus- 2 tomers information estimating and reporting all costs and 3 factors affecting total power costs, including the costs of 4 the customer’s share of the direct and indirect costs that 5 are incurred by the administration related to compliance 6 with any Federal environmental laws impacting the con- 7 servation of fish and wildlife considered by the Adminis- 8 trator concerned, at that Administrator’s sole discretion 9 after consultation with consumers, to be relevant. 10 (b) DIRECT COSTS.—Direct costs reported under this 11 section shall include Federal agency obligations related 12 to— 13 (1) costs of studies; 14 (2) capital, operation, maintenance, and re- 15 placement costs; and 16 (3) staffing costs. 17 (c) INDIRECT COSTS.—Indirect costs reported under 18 this section shall include foregone generation (including 19 as a result of water lost to comply with any Federal envi- 20 ronmental laws impacting the conservation of fish and 21 wildlife), and replacement power costs, including the net 22 costs of any transmission. 23 (d) COORDINATION.—The Commissioner of the Bu- 24 reau of Reclamation and the head of any other affected 25 VerDate Sep 11 2014 01:45 Dec 27, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5445.IH H5445 lotter on DSKBCFDHB2PROD with BILLS 3 •HR 5445 IH Federal agency shall assist the Administrators with the 1 identification of the costs. 2 (e) REPORT.—No later than January 30 of each 3 year, each of the Administrators referred to in subsection 4 (a), in coordination with the Bureau of Reclamation and 5 other affected Federal agencies, shall provide an annual 6 report to the appropriate committees of the House of Rep- 7 resentatives and the Senate that includes— 8 (1) all estimated costs and factors affecting 9 total power costs, including estimates of the total di- 10 rect and indirect costs that are incurred by the ad- 11 ministration related to compliance with any Federal 12 environmental laws impacting the conservation of 13 fish and wildlife considered by the Administrator 14 concerned, at that Administrator’s sole discretion 15 after consultation with consumers, to be relevant; 16 and 17 (2) the sources of replacement power. 18 SEC. 3. PROHIBITION OF DESIGNATION OF CERTAIN HABI- 19 TAT IN AN ARTIFICIAL WATER DELIVERY OR 20 STORAGE FACILITY AS CRITICAL HABITAT. 21 Section 4(a)(3) of the Endangered Species Act of 22 1973 (16 U.S.C. 1533(a)(3)) is amended by adding at the 23 end the following: 24 VerDate Sep 11 2014 01:45 Dec 27, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5445.IH H5445 lotter on DSKBCFDHB2PROD with BILLS 4 •HR 5445 IH ‘‘(C) The Secretary shall not designate as critical 1 habitat any area in a water storage reservoir, water diver- 2 sion structure, canal, or other water storage, diversion, or 3 delivery facility, where habitat is periodically created and 4 destroyed as a result of changes in water levels caused 5 by the operation of such facility.’’. 6 SEC. 4. POWERLINES ACCESS CATEGORICAL EXCLUSION. 7 Any project to install or maintain electrical trans- 8 mission poles or powerlines shall be categorically excluded 9 under the National Environmental Policy Act (42 U.S.C. 10 4321 et seq.). 11 SEC. 5. SPECIES PRESENCE IN BUFFER RIGHT-OF-WAY CAT- 12 EGORICAL EXCLUSION. 13 Notwithstanding any other provision of law, a con- 14 struction project that includes a buffer area shall be cat- 15 egorically excluded under the National Environmental Pol- 16 icy Act (42 U.S.C. 4321 et seq.) if the project would other- 17 wise only require an assessment under such Act because 18 of the presence of prairie dogs in such buffer area. 19 Æ VerDate Sep 11 2014 01:45 Dec 27, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H5445.IH H5445 lotter on DSKBCFDHB2PROD with BILLS