Summary of H.R. 1001: Memorandum of Understanding for the Upper Colorado River Basin Fund

Bill Overview

• Bill Number: H.R. 1001
• Introduced: February 5, 2025
• Status: Received in the Senate; read twice and referred to the Committee on Energy and Natural Resources.
• Classification: Legislative bill

Purpose of the Legislation

The primary aim of H.R. 1001 is to establish a memorandum of understanding (MOU) between the Bureau of Reclamation and the Western Area Power Administration (WAPA). This MOU is intended to address the impacts of a recent record of decision (ROD) related to the Glen Canyon Dam on the Upper Colorado River Basin Fund (Basin Fund).

Key Provisions

1. Memorandum of Understanding:

   • The Secretary of the Interior and the Secretary of Energy are required to enter into an MOU as soon as practicable after the enactment of the bill.
   • The MOU will explore and address the impacts of the ROD titled "Supplement to the 2016 Glen Canyon Dam Long-Term Experimental and Management Plan Record of Decision," dated July 2024.

2. Impact Assessment:

   • The MOU will include a plan to:
     • Address the effects of the ROD on the Basin Fund's obligations, including routine operations, maintenance, and infrastructure replacement.
     • Evaluate the impact on hydropower production at Glen Canyon Dam, including costs associated with replacing hydropower resources and ensuring grid reliability.
     • Identify any effects on species listed as threatened or endangered under the Endangered Species Act.

3. Non-Preemption Clause:

   • The bill specifies that it does not preempt rights or obligations under the Administrative Procedure Act.

Background and Need for Legislation

The legislation arises from concerns that the ROD, which allows for flow experiments at Glen Canyon Dam, may significantly affect the Basin Fund. The ROD modifies the original Long-Term Experimental and Management Plan to permit water releases that bypass hydropower generators, potentially leading to a revenue loss for the Basin Fund estimated between $13.5 million and $26.9 million, with worst-case scenarios exceeding $200 million. This loss could adversely impact the Colorado River Storage Project system and regional energy supply.

Affected Parties

• Bureau of Reclamation: Responsible for managing water resources and hydropower generation.
• Western Area Power Administration: Involved in the distribution of hydropower.
• Energy Consumers: Regional power distributors and consumers may face increased costs due to the need for replacement power.
• Endangered Species: The bill also considers the impact on species protected under the Endangered Species Act.

Legislative Process

• Committee Action: The bill was reported favorably by the Committee on Natural Resources without amendments.
• House Actions: The bill passed the House on May 13, 2025, after a debate and a motion to suspend the rules.
• Senate Actions: As of May 14, 2025, the bill has been received in the Senate and is under consideration by the Committee on Energy and Natural Resources.

Conclusion

H.R. 1001 seeks to mitigate potential negative impacts on the Upper Colorado River Basin Fund resulting from changes in hydropower operations at Glen Canyon Dam. By establishing a framework for collaboration between federal agencies, the bill aims to ensure the continued viability of water and energy resources in the region while addressing ecological concerns.