Memorandum of Understanding to Address Potential Impacts of A Certain Record of Decision on the Upper Colorado River Basin Fund

Floor Speech

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Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the bill (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.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 1001

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 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'').

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Mr. WESTERMAN. 1001, the bill now under consideration.

Mr. Speaker, I rise in support of H.R. 1001 sponsored by Congresswoman Hageman. This bill requires the Bureau of Reclamation and the Western Area Power Administration, or WAPA, to enter into a memorandum of understanding aimed at addressing the impacts that bypass flows at Glen Canyon Dam have had on the Upper Colorado River Basin Fund.

These flows are an attempt to manage an invasive smallmouth bass population that imperils the federally listed humpback chub below the dam. While well-intentioned, this action comes at a steep cost.

In 2024, the bypass flows produced $20 million in lost hydropower generation, which instead had to be replaced with power purchased on the open market.

WAPA makes these purchases using the Basin Fund, which is funded by hydropower revenues, not appropriations. In other words, utility customers end up footing the very expensive bill to address the impacts of predatory smallmouth bass.

The loss in revenues not only means higher electricity prices but also negative impacts on the Colorado River system, as the Basin Fund is the primary source of funding for operations and maintenance of the system's critical infrastructure.

I want to be clear: H.R. 1001 does not prevent bypass flows. It does, however, require the agencies to fully cooperate to minimize the impacts of these flows on the grid and its customers. It also requires coordination with hydropower customers and other stakeholders, including the Glen Canyon Dam Adaptive Management Work Group.

I support this legislation and reserve the balance of my time.

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Mr. WESTERMAN. Hageman), the lead sponsor of this bill.

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Mr. WESTERMAN. Mr. Speaker, again, H.R. 1001 would bring WAPA, the Bureau of Reclamation, and local stakeholders together to produce an action plan to address the effects of the bypass flows on the Basin Fund, as well as the impacts of diminished hydropower generation at Glen Canyon Dam on grid reliability.

The plan will also require the Federal agencies to identify the impacts of these actions on any species listed as threatened or endangered under the Endangered Species Act.

I again thank Representative Hageman for tackling these important issues.

I urge my colleagues to support this legislation, and I yield back the balance of my time.

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