I 118th CONGRESS 2d Session H. R. 8160 IN THE HOUSE OF REPRESENTATIVES April 29, 2024 Mr. Newhouse (for himself, Mr. Fulcher , Mr. Zinke , Mr. Rosendale , and Mr. Bentz ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To prohibit the breaching of federally operated dams in certain circumstances, and for other purposes.

1. Short title This Act may be cited as the Breaking Irresponsible Energy and Commercial Habits Act or the BREACH Act . 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 if the Secretary determines that such breach— (1) would result in an increase in carbon emissions by more than 10 percent; (2) would make the body of water impacted by the breach less navigable for commercial interests; or (3) would result in an increase of at least 10 percent of the price of any products, including agricultural products, shipped via the body of water impacted by the breach. (b) Consultation In making the determinations required under subsection (a), the Secretary shall— (1) consult with the Secretary of Energy with respect to the determination described in subsection (a)(1); (2) consult with the Secretary of Transportation with respect to the determination described subsection (a)(2); (3) consult with the Secretary of Agriculture and the Secretary of Commerce with respect to the determination described in subsection (a)(3); and (4) consult with the relevant agencies in the State in which the dam proposed to be breached is located.