Water Supply Infrastructure and Drought Resilience Act of 2018
This bill establishes a pilot project to adjust flood control rule curves at Bureau of Reclamation facilities.
The bill amends the Omnibus Public Land Management Act of 2009 to increase access to Reclamation's WaterSMART program by including within the definition of "eligible applicant" any state, regional, or local authority the members of which include one or more organizations with water or power delivery authority.
The bill provides Reclamation with increased flexibility to recharge aquifers.
The conveyance of water through a project facility that crosses Bureau of Land Management land for the purpose of aquifer recharge shall not require a new or additional permit or authorization if: (1) the existing project facility has a valid agreement that allows conveyance of water for a purpose other than aquifer recharge, (2) that conveyance does not result in a substantial change to the operation of the project facility, and (3) the entity operating the facility consents to such conveyance.
In developing any rule, policy, directive, management plan, or similar federal action relating to the issuance, renewal, amendment, or extension of any permit, right-of-way, or other land use or occupancy agreement, Reclamation shall: (1) recognize the longstanding authority of the states relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use; and (2) coordinate with the states to ensure that any such action is consistent with, and imposes no greater restriction or regulatory requirement, than applicable state water law.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2563 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 2563
To improve the water supply and drought resilience of the United
States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 15, 2018
Mr. Flake (for himself, Mr. McCain, Mr. Gardner, and Mr. Barrasso)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To improve the water supply and drought resilience of the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Supply
Infrastructure and Drought Resilience Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--WATER SUPPLY INFRASTRUCTURE
Subtitle A--Water Supply Permitting Coordination
Sec. 101. Definitions.
Sec. 102. Establishment of lead coordinating agency and participating
agencies.
Sec. 103. Bureau responsibilities.
Sec. 104. Participating agency responsibilities.
Sec. 105. Funding to process permits.
Subtitle B--Modifications of Existing Programs
Sec. 111. WaterSMART.
Sec. 112. Grants and cooperative agreements with Indian tribes and
organizations.
Sec. 113. Cooperative watershed management program.
Subtitle C--Bureau of Reclamation Transparency
Sec. 121. Definitions.
Sec. 122. Asset management report enhancements for reserved works.
Sec. 123. Asset management report enhancements for transferred works.
TITLE II--WATER MANAGEMENT IMPROVEMENT
Subtitle A--Review of Flood Control Rule Curves Pilot Project
Sec. 201. Definitions.
Sec. 202. Establishment of pilot project.
Sec. 203. Selection of eligible works.
Sec. 204. Adjustment of flood control rule.
Sec. 205. Consultation.
Sec. 206. Funding.
Sec. 207. Effect.
Sec. 208. Termination.
Subtitle B--Aquifer Recharge Augmentation
Sec. 211. Definitions.
Sec. 212. Rescheduling of water for aquifer recharge.
Sec. 213. Flexibility to allow greater aquifer recharge.
Sec. 214. Use of public land for aquifer recharge.
TITLE III--WATER SUPPLY CERTAINTY
Subtitle A--Water Rights Protection
Sec. 301. Definitions.
Sec. 302. Treatment of water rights.
Sec. 303. Policy development.
Sec. 304. Effect.
Subtitle B--Permits for Water Transfers
Sec. 311. Permits for water transfers.
Subtitle C--Endangered Fish Recovery Programs
Sec. 321. Extension of authorization to use Upper Colorado River Basin
Fund revenues for annual base funding of
fish recovery programs; removal of certain
reporting requirement.
Sec. 322. Report on Recovery Implementation Programs.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau.
(3) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau at a Reclamation project.
(4) Reclamation project.--The term ``Reclamation project''
means any reclamation or irrigation project, including
incidental features thereof, authorized by Federal reclamation
law, or constructed by the United States pursuant to such law,
or in connection with which there is a repayment or water
service contract executed by the United States pursuant to such
law, or any project constructed by the Secretary through the
Bureau of Reclamation for the reclamation of lands.
(5) Reserved works.--The term ``reserved works'' means any
building, structure, facility, or equipment--
(A) that is owned by the Bureau; and
(B) for which operations and maintenance are
performed, regardless of the source of funding--
(i) by an employee of the Bureau; or
(ii) through a contract entered into by the
Commissioner.
(6) Responsible party.--The term ``responsible party''
means--
(A) with respect to a reserved works--
(i) a non-Federal water user or power
contractor that has an active repayment, water
service, or power service contract with the
Bureau;
(ii) a power contractor that has an active
contract with a Federal power marketing
administration for energy, capacity, or both
from a hydropower facility owned by the Bureau;
or
(iii) a non-Federal operating entity, such
as a joint powers authority or Board of
Control, that has assumed responsibility on
behalf of multiple water users, through a
contract with the Bureau, for the operation and
maintenance of the reserved works; and
(B) with respect to a transferred works, the
operating entity of the transferred works.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Transferred works.--The term ``transferred works''
means a Reclamation facility at which operations and
maintenance of the facility is carried out by a non-Federal
entity under the provisions of a formal operations and
maintenance transfer contract or other legal agreement with the
Bureau.
TITLE I--WATER SUPPLY INFRASTRUCTURE
Subtitle A--Water Supply Permitting Coordination
SEC. 101. DEFINITIONS.
In this subtitle:
(1) Cooperating agency.--The term ``cooperating agency''
has the meaning given the term in section 1508.5 of title 40,
Code of Federal Regulations (or successor regulations).
(2) Participating agency.--The term ``participating
agency'' means--
(A) a Federal agency with jurisdiction over a
review, analysis, opinion, statement, permit, license,
or other approval or decision required for a qualifying
project under applicable Federal law; or
(B) a State agency or an Indian Tribe subject to
section 102(c).
(3) Project sponsor.--The term ``project sponsor'' means an
entity (including any private, public, or public-private
entity) seeking an authorization for a qualifying project.
(4) Qualifying project.--
(A) In general.--Except as provided in subparagraph
(B), the term ``qualifying project'' means a new
surface water storage project in the United States
covered under the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory
of that Act (43 U.S.C. 371 et seq.) constructed on land
administered by the Department of the Interior or the
Department of Agriculture, exclusive of any easement,
right-of-way, lease, or private holding that does not
otherwise qualify or is not otherwise selected as a
covered project under--
(i) title XLI of the Fixing America's
Surface Transportation Act (42 U.S.C. 4370m-1
et seq.); or
(ii) section 2045 of the Water Resources
Development Act of 2007 (33 U.S.C. 2348).
(B) Exclusion.--The term ``qualifying project''
does not include a project described in subparagraph
(A) for which the project sponsor elects not to submit
a substantially complete proposal under this subtitle.
(5) Substantially complete proposal.--
(A) In general.--The term ``substantially complete
proposal'' means a proposal submitted by or on behalf
of a project sponsor that includes information
describing a proposed qualifying project and all
components of the qualifying project in sufficient
detail to understand jurisdictional boundaries to
determine involvement of participating agencies and
resources that may be affected by the qualifying
project.
(B) Inclusions.--A substantially complete proposal
shall include, at a minimum, the following:
(i) A statement of the purposes and
objectives of the proposed qualifying project.
(ii) A concise description, including the
location, of the proposed qualifying project.
(iii) A summary of geospatial information,
if available, illustrating the qualifying
project area.
(iv) Geospatial information with locations,
if any, of environmental, cultural, and
historical resources (such as habitat types,
species present or known to occur in the area,
surface water, groundwater, wetland, and land
ownership).
(v) A statement regarding the technical and
financial ability of the project sponsor.
(vi) A statement of any Federal, State, and
local agency and Tribal financing,
environmental reviews, permits, and
authorizations anticipated to be required to
complete the proposed qualifying project.
(6) Unified environmental record.--The term ``unified
environmental record'' means a compilation of environmental
compliance documents (such as those required under applicable
Federal law, including the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), and division A of
subtitle III of title 54, United States Code) on which all
agencies with authority to issue approvals for a particular
qualifying project shall base approval decisions.
SEC. 102. ESTABLISHMENT OF LEAD COORDINATING AGENCY AND PARTICIPATING
AGENCIES.
(a) Establishment of Lead Agency.--The Bureau is established as the
lead coordinating agency for purposes of coordinating all reviews,
analyses, opinions, statements, permits, licenses, or other approvals
or decisions required under Federal law to construct qualifying
projects.
(b) Identification and Establishment of Participating Agencies.--
The Commissioner, on receipt of a substantially complete proposal,
shall--
(1) identify, as early as practicable, any Federal agency
that may have jurisdiction over a review, analysis, opinion,
statement, permit, license, approval, or decision required for
a qualifying project under applicable Federal law; and
(2) notify any Federal agency identified under paragraph
(1), within a reasonable timeframe, that the agency has been
designated as a participating agency with regard to the
qualifying project unless that agency responds to the
Commissioner in writing, within a timeframe established by the
Commissioner, notifying the Commissioner that the agency--
(A) has no jurisdiction or authority with respect
to the qualifying project;
(B) has no expertise or information relevant to the
qualifying project or any review, analysis, opinion,
statement, permit, license, or other approval or
decision associated with the qualifying project; or
(C) does not intend to submit comments on the
qualifying project or conduct any review of the
qualifying project or make any decision with respect to
the project in a manner other than in cooperation with
the Commissioner.
(c) State or Tribal Authority.--A State or an Indian Tribe (in the
case of Tribal land) on which a qualifying project is being considered
may choose, consistent with State or Tribal law--
(1) to participate as a participating agency; and
(2) to make subject to this Act all State or Tribal
agencies that--
(A) have jurisdiction over the qualifying project;
(B) are required to conduct or issue a review,
analysis, or opinion for the qualifying project; or
(C) are required to make a determination on issuing
a permit, license, or approval for the qualifying
project.
(d) Cooperating Agencies.--The Commissioner, as the head of the
lead coordinating agency, shall identify cooperating agencies pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
SEC. 103. BUREAU RESPONSIBILITIES.
(a) In General.--The principal responsibilities of the Commissioner
under this subtitle are--
(1) to serve as the point of contact for any project
sponsors, State agencies, Indian Tribes, and other entities
regarding proposed qualifying projects;
(2) to coordinate preparation of a unified environmental
record that will serve as the basis for all Federal decisions
necessary to authorize the use of Federal land for qualifying
projects; and
(3) to coordinate all Federal agency reviews necessary for
qualifying project development and construction of qualifying
projects.
(b) Coordination Process.--The Commissioner shall have the
following coordination responsibilities:
(1) Early coordination.--Lead early coordination, prior to
the application of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), as follows:
(A) On request from a project sponsor, advise the
project sponsor in developing a substantially complete
proposal for the qualifying project, including
explaining applicable processes, data requirements, and
applicant submissions necessary to complete the
required Federal agency reviews within the timeframe
established.
(B) Review a final proposal submitted by a project
sponsor and, not later than 30 days after receipt of
the final proposal, make a determination whether--
(i) the final proposal is a substantially
complete proposal; and
(ii) the final proposal describes a
qualifying project.
(C) Establish a preliminary schedule for the
qualifying project.
(2) Coordinate with participating and cooperating
agencies.--
(A) Coordinate notification of participating
agencies and invitation to cooperating agencies with
respect to each proposed qualifying project by not
later than 30 days after the date on which the
Commissioner makes a positive determination under
clauses (i) and (ii) of paragraph (1)(B).
(B)(i) Coordinate with the participating agencies
and cooperating agencies throughout the Federal agency
review process.
(ii) Identify and obtain relevant data in a timely
manner.
(iii) Verify and, if necessary, revise the project
schedule described in paragraph (3).
(iv) In consultation with the project sponsor, set
necessary deadlines for participating agencies and
cooperating agencies.
(3) Schedule.--
(A) In general.--Work with the project sponsor and
participating agencies to establish a project schedule.
(B) Factors.--In establishing the project schedule
under subparagraph (A), the Commissioner shall
consider, among other factors--
(i) the responsibilities of participating
agencies under applicable law;
(ii) the resources available to the
cooperating agencies and the project sponsor,
as applicable;
(iii) the overall size and complexity of
the qualifying project;
(iv) the overall schedule for and cost of
the qualifying project; and
(v) the sensitivity of the natural and
historic resources that may be affected by the
qualifying project.
(4) Coordinated reviews.--At the discretion of the
Commissioner, ensure that all reviews, analyses, opinions,
permits, licenses, and approvals required to be issued or made
by a Federal, State, or local government agency or Indian Tribe
for the development of a qualifying project shall be conducted,
to the maximum extent practicable, concurrently and completed
within a time period established by the Secretary in
cooperation with the participating agencies.
(5) Environmental compliance.--
(A) In general.--Coordinate a unified environmental
record for each substantially complete proposal,
incorporating a single environmental record on which
all participating agencies with authority to issue
approvals for a particular qualifying project shall
base project approval decisions.
(B) Timelines.--Help ensure that participating
agencies make necessary decisions described in
subparagraph (A), within the respective authorities of
the participating agencies, regarding Federal approvals
in accordance with the following timelines:
(i) Not later than 1 year after acceptance
of a substantially complete proposal, when an
environmental assessment and finding of no
significant impact is determined to be the
appropriate level of review under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(ii) Not later than 1 year and 30 days
after the close of the public comment period
for a draft environmental impact statement
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), when an
environmental impact statement is required
under that Act.
(6) Consolidated administrative record.--Maintain a
consolidated administrative record of the information assembled
and used by the participating agencies as the basis for agency
decisions.
(7) Project data records.--
(A) Submission; maintenance.--To the maximum extent
practicable and consistent with Federal law, ensure
that all qualifying project data is submitted and
maintained in a generally accessible electronic format.
(B) Compilation; availability.--Compile, and where
authorized under existing law, make available that
project data to participating agencies, the project
sponsors, and the public.
(8) Project manager.--
(A) In general.--Appoint a project manager for each
qualifying project.
(B) Authority; responsibilities.--The project
manager shall--
(i) have authority to oversee the
qualifying project and to facilitate the
issuance of the relevant final authorizing
documents by responsible officials; and
(ii) be responsible for facilitating
fulfillment of all Commissioner
responsibilities under this section and
coordinating all participating agency
responsibilities under section 104.
SEC. 104. PARTICIPATING AGENCY RESPONSIBILITIES.
(a) Adherence to Bureau Schedule.--
(1) Timeframes.--On notification from the Commissioner that
the Commissioner has received a substantially complete proposal
relating to a qualifying project, the head of each
participating agency shall submit to the Commissioner a
timeframe under which the participating agency reasonably will
be able to complete the authorizing responsibilities of the
participating agency relating to the qualifying project.
(2) Schedule.--
(A) Use of timeframes.--The Commissioner shall use
the timeframes submitted under this subsection to
establish the project schedule under section 103(b)(3).
(B) Adherence.--Each participating agency shall
adhere to the project schedule established by the
Commissioner under section 103(b)(3).
(b) Environmental Record.--The head of each participating agency
shall submit to the Commissioner all environmental review material
produced or compiled in the course of carrying out activities required
under Federal law, consistent with the project schedule established by
the Commissioner under section 103(b)(3).
(c) Data Submission.--To the maximum extent practicable and
consistent with Federal law, the head of each participating agency
shall submit all relevant project data to the Commissioner in a
generally accessible electronic format, subject to the project schedule
established by the Commissioner under section 103(b)(3).
SEC. 105. FUNDING TO PROCESS PERMITS.
(a) In General.--The Secretary, after public notice in accordance
with subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure Act''),
may accept and expend funds for the development of a qualifying project
under this subtitle, including the transfer to a participating agency
for the purposes of this subtitle of funds contributed by a non-Federal
public entity to expedite the evaluation of a permit of that entity
relating to a qualifying project.
(b) Effect on Permitting.--
(1) In general.--In carrying out this section, the
Secretary shall ensure that the use of funds accepted under
subsection (a) shall not procedurally impact impartial
decisionmaking with respect to permits.
(2) Evaluation of permits.--In carrying out this section,
the Secretary shall ensure that the evaluation of permits
carried out using funds accepted under this section shall--
(A) be reviewed by the Regional Director of the
Bureau of the region in which the qualifying project is
located (or a designee); and
(B) use the same procedures for decisions that
would otherwise be required for the evaluation of
permits for similar projects or activities not carried
out using funds authorized under this section.
(3) Impartial decisionmaking.--In carrying out this
section, the Secretary and the head of each participating
agency receiving funds under this section for a qualifying
project shall ensure that the use of the funds accepted under
this section for the qualifying project shall not--
(A) substantively or procedurally impact impartial
decisionmaking with respect to the issuance of permits;
or
(B) diminish, modify, or otherwise affect the
statutory or regulatory authorities of the
participating agency.
(c) Limitation on Use of Funds.--None of the funds accepted under
this section shall be used to carry out a review of the evaluation of
permits required under subsection (b)(2)(A) after the Regional Director
of the Bureau completes the evaluation of permits.
(d) Public Availability.--The Secretary shall ensure that all final
permit decisions carried out using funds accepted under this section
are made available to the public, including on the internet.
Subtitle B--Modifications of Existing Programs
SEC. 111. WATERSMART.
(a) Definition of Eligible Applicant.--Section 9502 of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
(1) in the matter preceding paragraph (1), by striking
``section'' and inserting ``subtitle''; and
(2) in paragraph (7), by inserting ``State, regional, or
local authority the members of which include 1 or more
organizations with water or power delivery authority,'' after
``water district,''.
(b) Water Management Improvement.--Section 9504(a) of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is amended--
(1) in paragraph (2)(A)--
(A) by striking ``within the States'' and inserting
the following: ``within--
``(i) the States'';
(B) in clause (i) (as so designated), by striking
``and'' at the end and inserting ``or''; and
(C) by adding at the end the following:
``(ii) the State of Alaska; and''.
(2) in paragraph (3)(B)--
(A) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and indenting
appropriately;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``In carrying'' and
inserting the following:
``(i) In general.--Except as provided in
clause (ii), in carrying''; and
(C) by adding at the end the following:
``(ii) Indian tribes.--In the case of an
eligible applicant that is an Indian tribe, in
carrying out paragraph (1), the Secretary shall
not provide a grant, or enter into an
agreement, for an improvement to conserve
irrigation water unless the Indian tribe agrees
not--
``(I) to use any associated water
savings to increase the total irrigated
acreage more than the water right of
that Indian tribe, as determined by--
``(aa) a court decree;
``(bb) a settlement;
``(cc) a law; or
``(dd) any combination of
the authorities described in
items (aa) through (cc); or
``(II) to otherwise increase the
consumptive use of water more than the
water right of the Indian tribe
described in subclause (I).''.
SEC. 112. GRANTS AND COOPERATIVE AGREEMENTS WITH INDIAN TRIBES AND
ORGANIZATIONS.
Section 201 of the Energy and Water Development Appropriations Act,
2003 (43 U.S.C. 373d) is amended in the first sentence by inserting
``Native village, Village Corporation, or Regional Corporation (as
those terms are defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602)),'' after ``national Indian
organization,''.
SEC. 113. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.
Section 6001(5) of the Omnibus Public Land Management Act of 2009
(16 U.S.C. 1015(5)) is amended--
(1) in subparagraph (D)(iv), by striking ``and'' at the
end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) may be sponsored by a State or a conservation
district.''.
Subtitle C--Bureau of Reclamation Transparency
SEC. 121. DEFINITIONS.
In this subtitle:
(1) Asset.--
(A) In general.--The term ``asset'' means any of
the following assets that are used to achieve the
mission of the Bureau to manage, develop, and protect
water and related resources in an environmentally and
economically sound manner in the interest of the people
of the United States:
(i) Capitalized facilities, buildings,
structures, project features, power production
equipment, recreation facilities, or quarters.
(ii) Capitalized and noncapitalized heavy
equipment and other installed equipment.
(B) Inclusions.--The term ``asset'' includes assets
described in subparagraph (A) that are considered to be
mission critical.
(2) Asset management report.--The term ``Asset Management
Report'' means--
(A) the annual plan prepared by the Bureau known as
the ``Asset Management Plan''; and
(B) any publicly available information relating to
the plan described in subparagraph (A) that summarizes
the efforts of the Bureau to evaluate and manage
infrastructure assets of the Bureau.
(3) Major repair and rehabilitation need.--The term ``major
repair and rehabilitation need'' means major nonrecurring
maintenance at a Reclamation facility, including maintenance
related to the safety of dams, extraordinary maintenance of
dams, deferred major maintenance activities, and all other
significant repairs and extraordinary maintenance.
SEC. 122. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to Congress an Asset Management
Report that--
(1) describes the efforts of the Bureau--
(A) to maintain in a reliable manner all reserved
works at Reclamation facilities; and
(B) to standardize and streamline data reporting
and processes across regions and areas for the purpose
of maintaining reserved works at Reclamation
facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the maximum extent practicable, an itemized
list of major repair and rehabilitation needs of
individual Reclamation facilities at each Reclamation
project.
(2) Inclusions.--To the maximum extent practicable, the
itemized list of major repair and rehabilitation needs under
paragraph (1)(B) shall include--
(A) a budget level cost estimate of the
appropriations needed to complete each item; and
(B) an assignment of a categorical rating for each
item, consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings
under paragraph (2)(B) shall be--
(i) consistent with existing uniform
categorization systems to inform the annual
budget process and agency requirements; and
(ii) subject to the guidance and
instructions issued under subparagraph (B).
(B) Guidance.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
issue guidance that describes the applicability of the
rating system applicable under paragraph (2)(B) to
Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publicly available, including on
the internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--The Secretary may exclude from the
public version of the Asset Management Report made available
under paragraph (4) any information that the Secretary
identifies as sensitive or classified, but shall make available
to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives a version of the report containing the
sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on which the
Asset Management Report is submitted under subsection (a) and
biennially thereafter, the Secretary shall update the Asset Management
Report, subject to the requirements of section 123(b)(2).
(d) Consultation.--To the extent that such consultation would
assist the Secretary in preparing the Asset Management Report under
subsection (a) and updates to the Asset Management Report under
subsection (c), the Secretary shall consult with--
(1) the Secretary of the Army (acting through the Chief of
Engineers); and
(2) water and power contractors.
SEC. 123. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS.
(a) In General.--The Secretary shall coordinate with the non-
Federal entities responsible for the operation and maintenance of
transferred works in developing reporting requirements for Asset
Management Reports with respect to major repair and rehabilitation
needs for transferred works that are similar to the reporting
requirements described in section 122(b).
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau, the Secretary shall develop
and implement a rating system for transferred works that
incorporates, to the maximum extent practicable, the rating
system for major repair and rehabilitation needs for reserved
works developed under section 122(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 122(c).
TITLE II--WATER MANAGEMENT IMPROVEMENT
Subtitle A--Review of Flood Control Rule Curves Pilot Project
SEC. 201. DEFINITIONS.
In this subtitle:
(1) Eligible works.--
(A) In general.--The term ``eligible works'' means
a reserved works, or a transferred works for which--
(i) the flood control rule curve has not
been substantially adjusted during the 10-year
period ending on the date of enactment of this
Act; and
(ii) the Secretary receives a request in
accordance with section 203(a).
(B) Exclusions.--The term ``eligible works'' does
not include--
(i) any project authorized by the Boulder
Canyon Project Act (43 U.S.C. 617 et seq.);
(ii) any project authorized by the Act of
April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43
U.S.C. 620 et seq.); or
(iii) any project of the Pick-Sloan
Missouri River Basin Program (authorized by
section 9 of the Act of December 22, 1944
(commonly known as the ``Flood Control Act of
1944'') (58 Stat. 891, chapter 665)).
(2) Pilot project.--The term ``pilot project'' means the
pilot project established under section 202.
SEC. 202. ESTABLISHMENT OF PILOT PROJECT.
The Secretary shall establish within the Bureau a pilot project to
adjust flood control rule curves in accordance with section 204.
SEC. 203. SELECTION OF ELIGIBLE WORKS.
(a) Request.--
(1) In general.--In order for an eligible works to be
selected for inclusion in the pilot project, a responsible
party shall submit a written request to the Secretary.
(2) Notice.--Not later than 30 days after the date on which
the Secretary receives a request under paragraph (1), the
Secretary shall notify--
(A) each responsible party of that request, using
lists maintained by the Bureau; and
(B) if applicable, the appropriate Federal power
marketing administration.
(b) Selection.--Each year, the Secretary shall--
(1) select 1 or more eligible works for inclusion in the
pilot project; and
(2) submit a list of those eligible works to--
(A) the Secretary of the Army;
(B) the Committee on Natural Resources of the House
of Representatives; and
(C) the Committee on Energy and Natural Resources
of the Senate.
(c) Exclusion.--The Secretary shall not select an eligible works
for inclusion in the pilot project under subsection (b)(1) if, not
later than 60 days after the date on which the notice is provided to
each responsible party under subsection (a)(2)(A), a majority of the
responsible parties submit to the Secretary an objection to the
inclusion of the eligible works in the pilot project.
SEC. 204. ADJUSTMENT OF FLOOD CONTROL RULE.
(a) In General.--The flood control rule curve of an eligible works
shall be adjusted pursuant to section 7 of the Act of December 22, 1944
(33 U.S.C. 709), if the Secretary of the Army determines that the
adjustment would enhance the authorized purposes of the eligible works.
(b) Considerations.--In the adjustment of a flood control rule
curve under subsection (a), the following factors shall be considered:
(1) Forecast-informed reservoir operations.
(2) Improved hydrologic forecasting for--
(A) precipitation;
(B) snowpack;
(C) runoff; and
(D) soil moisture conditions.
(3) Any new watershed data, including data provided by a
responsible party for the eligible works.
(c) Consultation.--In the adjustment of a flood control rule curve
under subsection (a), the following entities shall be consulted:
(1) Each responsible party for the eligible works.
(2) In the case of an eligible works that produces power
marketed by the Federal Government, the Federal power marketing
administration that markets the power.
SEC. 205. CONSULTATION.
The Secretary shall consult with the Secretary of the Army with
respect to any action taken by the Secretary of the Army--
(1) pursuant to section 7 of the Act of December 22, 1944
(33 U.S.C. 709); and
(2) that relates to the pilot project.
SEC. 206. FUNDING.
(a) In General.--The Secretary may accept amounts from responsible
parties to fund all or a portion of the cost of carrying out an
adjustment under section 204.
(b) Transfer to Secretary of the Army.--The Secretary shall
transfer to the Secretary of the Army any amounts received under
subsection (a) that are to be used for an adjustment under section 204.
(c) Non-Federal Reservoir Operations.--Section 5 of the Act of June
22, 1936 (33 U.S.C. 701h), is amended by inserting after ``authorized
purposes of the project:'' the following: ``Provided further, That the
Secretary is authorized to receive and expend funds from an owner of a
non-Federal reservoir to formulate, review, or revise operational
documents for any non-Federal reservoir for which the Secretary is
authorized to prescribe regulations for the use of storage allocated
for flood risk management or navigation pursuant to section 7 of the
Act of December 22, 1944 (33 U.S.C. 709):''.
SEC. 207. EFFECT.
Nothing in this subtitle--
(a) affects or modifies any existing authority to review or
modify--
(1) reservoir operations, including any existing forecast-
informed reservoir operations at a facility of the Corps of
Engineers, such as Coyote Dam; and
(2) flood control operations; or
(b) affects or modifies any authorized purpose of any project
carried out by the Secretary.
SEC. 208. TERMINATION.
The pilot project shall terminate on the date that is 15 years
after the date of enactment of this Act.
Subtitle B--Aquifer Recharge Augmentation
SEC. 211. DEFINITIONS.
In this subtitle:
(1) Eligible land.--The term ``eligible land'', with
respect to a Reclamation project, means land that--
(A) is authorized to receive water under State law;
and
(B) shares a groundwater source with land located
in the service area of the Reclamation project.
(2) In-lieu recharge.--The term ``in-lieu recharge'' means
the use of surface water instead of pumped groundwater if that
use of surface water will cause the direct reduction or
elimination of groundwater withdrawals.
(3) Net water storage benefit.--The term ``net water
storage benefit'' means an increase in the volume of water that
is--
(A) stored in 1 or more reservoirs or aquifers; and
(B) available for use within the area served by a
Reclamation project.
SEC. 212. RESCHEDULING OF WATER FOR AQUIFER RECHARGE.
(a) Identifying Operations.--On the request of a responsible party
of a Reclamation project, the Secretary may identify operations--
(1) to allow for the rescheduling of water that is
allocated in a water service or repayment contract with the
Bureau with respect to the Reclamation project--
(A) to increase the ability to regulate the timing
of releases that may increase the quantity of water
available for aquifer recharge; and
(B) that occurs not earlier than 90 days before,
and not later than 90 days after, the dates required
for the release of water under the Reclamation project
contract; and
(2) that--
(A) comply with State law; and
(B) the Secretary determines result in a net water
storage benefit.
(b) Carrying Out Operations.--
(1) In general.--The Secretary may carry out operations
identified under subsection (a) in accordance with this
subsection.
(2) Request.--
(A) In general.--Before the Secretary may carry out
operations under paragraph (1), the responsible party
shall submit to the Secretary a request for the
operations.
(B) Notice.--Not later than 30 days after the date
on which the Secretary receives a request under
subparagraph (A), the Secretary shall notify--
(i) each responsible party of that request,
using lists maintained by the Bureau; and
(ii) if applicable, the appropriate Federal
power marketing administration.
SEC. 213. FLEXIBILITY TO ALLOW GREATER AQUIFER RECHARGE.
(a) Contracts for Aquifer Recharge.--
(1) In general.--The Secretary may enter into a contract
for the purpose of aquifer recharge using water--
(A) released from any Reclamation facility or body
of water as a result of flood control operations; and
(B) that is surplus to the needs of a Reclamation
project.
(2) Requirements.--A contract under paragraph (1) shall--
(A) give priority to recharge of a groundwater
basin that is fully or partially underlying land
authorized to be served by a Reclamation project;
(B) be under such terms and conditions as the
Secretary determines are appropriate;
(C) provide that the intended use of water is
aquifer recharge;
(D) comply with State law; and
(E) not be implemented in a manner that is
detrimental to--
(i) an existing water contract or power
service contract under the Reclamation project;
or
(ii) rights of prior appropriators under
State law.
(b) Aquifer Recharge on Eligible Land.--
(1) In general.--Subject to paragraphs (3) and (4), a
holder of a water service or repayment contract for a
Reclamation project may--
(A) directly use water available under the contract
for aquifer recharge on eligible land; or
(B) enter into an agreement with an individual or
entity to transfer water available under the contract
for aquifer recharge on eligible land.
(2) Authorized project purpose.--The use of water for
aquifer recharge under paragraph (1) shall be considered an
authorized purpose for the Reclamation project under the
reclamation laws.
(3) Modifications to contracts.--The Secretary may modify
an existing water contract described in paragraph (1) if the
Secretary determines that the modification is--
(A) necessary to allow for the use of water
available under the contract for aquifer recharge under
this subsection;
(B) in the best interest of the Reclamation project
and the United States; and
(C) approved by the association of water users that
is responsible for repaying the cost of construction,
operations, and maintenance of the facility that
delivers the water under the contract.
(4) Requirements.--The use or transfer of water for aquifer
recharge under this subsection shall be subject to the
requirements that--
(A) the use or transfer shall not be implemented in
a manner that is detrimental to any water or power
service for the Reclamation project; and
(B) before the use or transfer, the Secretary shall
determine that the use or transfer--
(i)(I) results in a net water storage
benefit for the Reclamation project; or
(II) contributes to the recharge of a
depleted aquifer on eligible land; and
(ii) complies with State law.
(5) Relation to central valley project improvement act.--
Section 3405 of the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4709) shall not apply to the use
or transfer of water for aquifer recharge under a contract
described in subsection (a) or this subsection.
(c) Use of Bureau Facilities.--
(1) In general.--The Commissioner may allow the use of
excess capacity in Bureau conveyance facilities for carriage of
non-Reclamation project water for aquifer recharge, on the
condition that--
(A) the use--
(i) shall not be implemented in a manner
that is detrimental to any water or power
service for the Reclamation project;
(ii) shall be consistent with existing
water quality guidelines for the Reclamation
project; and
(iii) shall comply with State law; and
(B) the non-Federal party to an existing contract
for water or water capacity in a Reclamation facility
shall consent to the use of the Reclamation facility
under this subsection.
(2) Effect on existing contracts.--Nothing in this
subsection affects a contract--
(A) in effect on the date of enactment of this Act;
and
(B) under which the use of excess capacity in a
Bureau conveyance facility for carriage of non-
Reclamation project water for aquifer recharge is
allowed.
(d) Administration.--
(1) Deposit of funds.--Amounts derived under this section
by the Secretary shall be--
(A) deposited in the reclamation fund established
by the first section of the Act of June 17, 1902 (32
Stat. 388, chapter 1093); and
(B) credited to the Reclamation project from which
the water is supplied.
(2) In-lieu recharge.--To the extent consistent with State
law, in-lieu recharge may be carried out under this section.
(3) Reclamation law.--This section supplements and amends
the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.).
SEC. 214. USE OF PUBLIC LAND FOR AQUIFER RECHARGE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary should give priority to the use of Bureau
of Land Management land for aquifer recharge, to the extent
that the use is consistent with the management of the multiple
resource values of the land; and
(2)(A) areas of critical environmental concern may be
compatible with, and in some cases benefit from, aquifer
recharge activities; and
(B) the designation of an area of critical environmental
concern should not disqualify that area from consideration for
aquifer recharge if the land being protected by the designation
could benefit in value from the application of a water supply.
(b) Conveyance of Water.--The conveyance of water through a project
facility that crosses Bureau of Land Management land for the purpose of
aquifer recharge shall not require a new or additional permit or
authorization if--
(1) the existing project facility has a valid right of way,
easement, or other agreement that allows conveyance of water
for a purpose other than aquifer recharge;
(2) that conveyance of water does not result in a
substantial change to the operation of the project facility;
and
(3) the entity operating the project facility consents to
that conveyance of water.
TITLE III--WATER SUPPLY CERTAINTY
Subtitle A--Water Rights Protection
SEC. 301. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means, as
applicable--
(A) the Secretary of Agriculture; or
(B) the Secretary of the Interior.
(2) Water right.--The term ``water right'' means any
surface water, groundwater, or water storage right filed,
permitted, certificated, confirmed, decreed, adjudicated, or
otherwise recognized by a judicial proceeding or by the State,
in which the user acquires the right to put the water to
beneficial use, including water rights for federally recognized
Indian Tribes.
SEC. 302. TREATMENT OF WATER RIGHTS.
The Secretary shall not--
(1) condition the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment,
easement, right-of-way, or other land use or occupancy
agreement on the transfer of any water right (including joint
and sole ownership) directly to the United States, or on any
impairment of title, in whole or in part, granted or otherwise
recognized under State law, by Federal or State adjudication,
decree, or other judgment, or pursuant to any interstate water
compact;
(2) require any water user (including any federally
recognized Indian Tribe) to apply for or acquire a water right
in the name of the United States under State law as a condition
of the issuance, renewal, amendment, or extension of any
permit, approval, license, lease, allotment, easement, right-
of-way, or other land use or occupancy agreement; or
(3) condition or withhold the issuance, renewal, amendment,
or extension of any permit, approval, license, lease,
allotment, easement, right-of-way, or other land use or
occupancy agreement, in whole or in part, on--
(A) limiting the date, time, quantity, location of
diversion or pumping, or place of use of a State water
right beyond any applicable limitations under State
water law; or
(B) the modification of the terms and conditions of
groundwater withdrawal, guidance and reporting
procedures, or conservation and source protection
measures established by a State.
SEC. 303. POLICY DEVELOPMENT.
In developing any rule, policy, directive, management plan, or
similar Federal action relating to the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement, the Secretary--
(1) shall--
(A) recognize the longstanding authority of the
States relating to evaluating, protecting, allocating,
regulating, permitting, and adjudicating water use; and
(B) coordinate with the States to ensure that any
rule, policy, directive, management plan, or similar
Federal action is consistent with, and imposes no
greater restriction or regulatory requirement, than
applicable State water law; and
(2) shall not--
(A) adversely affect--
(i) the authority of a State in--
(I) permitting the beneficial use
of water; or
(II) adjudicating water rights;
(ii) any definition established by a State
with respect to the term ``beneficial use'',
``priority of water rights'', or ``terms of
use''; or
(iii) any other right or obligation of a
State established under State law; or
(B) assert any connection between surface and
groundwater that is inconsistent with such a connection
recognized by State water laws.
SEC. 304. EFFECT.
(a) Existing Authority.--Except as provided in section 302, nothing
in this subtitle limits or expands any existing legally recognized
authority of the Secretary to issue, grant, or condition any permit,
approval, license, lease, allotment, easement, right-of-way, or other
land use or occupancy agreement on Federal land that is subject to the
jurisdiction of the Secretary.
(b) Reclamation Contracts.--Nothing in this subtitle interferes
with any existing or future Bureau contract entered into pursuant to
Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of that Act).
(c) Endangered Species Act.--Nothing in this subtitle affects the
implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(d) Federal Reserved Water Rights.--Nothing in this subtitle limits
or expands any existing reserved water rights of the Federal Government
on land administered by the Secretary.
(e) Federal Power Act.--Nothing in this subtitle limits or expands
authorities pursuant to sections 4(e), 10(j), or 18 of the Federal
Power Act (16 U.S.C. 797(e), 803(j), 811).
(f) Indian Water Rights.--Nothing in this subtitle limits or
expands any existing reserved water right or treaty right of any
federally recognized Indian Tribe.
(g) Federally Held State Water Rights.--Nothing in this subtitle
limits the ability of the Secretary, through applicable State
procedures, to acquire, use, enforce, or protect a State water right
owned by the United States.
Subtitle B--Permits for Water Transfers
SEC. 311. PERMITS FOR WATER TRANSFERS.
Section 122.3(i) of title 40, Code of Federal Regulations, is
enacted into law.
Subtitle C--Endangered Fish Recovery Programs
SEC. 321. EXTENSION OF AUTHORIZATION TO USE UPPER COLORADO RIVER BASIN
FUND REVENUES FOR ANNUAL BASE FUNDING OF FISH RECOVERY
PROGRAMS; REMOVAL OF CERTAIN REPORTING REQUIREMENT.
Section 3(d)(2) of Public Law 106-392 (114 Stat. 1604; 126 Stat.
2444) is amended--
(1) in the fourth sentence--
(A) by striking ``2019'' and inserting ``2023'';
and
(B) by striking ``; except that'' and all that
follows through ``capital projects and monitoring'';
and
(2) by striking the fifth, sixth, and seventh sentences.
SEC. 322. REPORT ON RECOVERY IMPLEMENTATION PROGRAMS.
Section 3 of Public Law 106-392 (114 Stat. 1603; 126 Stat. 2444) is
amended by adding at the end the following:
``(j) Report.--
``(1) In general.--Not later than September 30, 2021, the
Secretary shall submit to the appropriate committees of
Congress a report that--
``(A) describes the accomplishments of the Recovery
Implementation Programs;
``(B) identifies--
``(i) as of the date of the report, the
listing status under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) of the
Colorado pikeminnow, humpback chub, razorback
sucker, and bonytail; and
``(ii) as of September 30, 2023, the
projected listing status under that Act of each
of the species referred to in clause (i);
``(C)(i) identifies--
``(I) the total expenditures and the
expenditures by categories of activities by the
Recovery Implementation Programs during the
period beginning on the date on which the
applicable Recovery Implementation Program was
established and ending on September 30, 2021;
and
``(II) projected expenditures by the
Recovery Implementation Programs during the
period beginning on October 1, 2021, and ending
on September 30, 2023; and
``(ii) for purposes of the expenditures identified
under clause (i), includes a description of--
``(I) any expenditures of appropriated
funds;
``(II) any power revenues;
``(III) any contributions by the States,
power customers, Tribes, water users, and
environmental organizations; and
``(IV) any other sources of funds for the
Recovery Implementation Programs; and
``(D) describes--
``(i) any activities to be carried out
under the Recovery Implementation Program after
September 30, 2023; and
``(ii) the projected cost of the activities
described under clause (i).
``(2) Consultation required.--The Secretary shall consult
with the participants in the Recovery Implementation Programs
in preparing the report under paragraph (1).''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 115-511.
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