Agenda - Public Works Committee - 10/20/2020

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S. 3021-36 (B) for which a feasibility study has been completed by December 31, 2019, that includes findings that a Federal project structure is interrupting the natural flow of sedi- ment and causing coastal erosion; and (2) consult with relevant State agencies in selecting projects. SEC. 1173. PROHIBITION ON SURPLUS WATER FEES, LAKE CUM- BERLAND WATERSHED, KENTUCKY AND TENNESSEE. (a) IN GENERAL. —The Secretary shall not charge a fee for surplus water under a contract entered into pursuant to section 6 of the Act of December 22, 1944 (33 U.S.C. 708), if the contract is for surplus water stored in the Lake Cumberland Watershed, Kentucky and Tennessee. (b) TERMINATION. —The limitation under subsection (a) shall expire on the date that is 2 years after the date of enactment of this Act. (c) APPLICABILITY. —Nothing in this section— (1) affects the authority of the Secretary under section 2695 of title 10, United States Code, to accept funds or to cover the administrative expenses relating to certain real prop- erty transactions; (2) affects the application of section 6 of the Act of December 22, 1944 (33 U.S.C. 708) or section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) to surplus water stored outside of the Lake Cumberland Watershed, Kentucky and Tennessee; or (3) affects the authority of the Secretary to accept funds under section 216(c) of the Water Resources Development Act of 1996 (33 U.S.C. 2321a(c)). SEC. 1174. MIDDLE RIO GRANDE PEAK FLOW RESTORATION. (a) RESTARTING OF TEMPORARY DEVIATION. —Subject to sub- section (b), the Secretary shall restart the temporary deviation in the operation of Cochiti Lake and Jemez Canyon Dam, that was initiated in 2009 and terminated in 2013, to continue to evaluate the effects of the deviation. (b) APPROVAL AND CONSULTATION. —Before restarting the tem- porary deviation under subsection (a), the Secretary shall, as required under the applicable water control manuals— (1) first obtain approval from — (A) Pueblo de Cochiti; (B) Pueblo of Santa Ana; and (C) the Rio Grande Compact Commission established by the compact approved by Congress under the Act of May 31, 1939 (53 Stat. 785, chapter 155); and (2) to the maximum extent practicable, consult with the existing Cochiti Lake Environmental Resources Team, which includes other Federal agencies and landowners in the region. (c) SUNSET. —The authority to conduct the temporary deviation described in subsection (a) shall terminate on the date that is 5 years after the date on which the Secretary restarts the temporary deviation under such subsection.