[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8166 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8166
To support surface and groundwater storage and supporting projects in
Reclamation States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 4, 2020
Mr. Cox of California (for himself, Mr. Costa, and Mr. Garamendi)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To support surface and groundwater storage and supporting projects in
Reclamation 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.
This Act may be cited as the ``Western Water Storage Infrastructure
Act''.
SEC. 2. SURFACE AND GROUNDWATER STORAGE AND SUPPORTING PROJECTS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Natural Resources of the House
of Representatives.
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Energy and Natural Resources
of the Senate;
(2) Design; study.--The terms ``design'' and ``study''
include any design, permitting, materials engineering or
testing, surveying, or preconstruction activity relating to a
water storage facility.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) any State, political subdivision of a State,
department of a State, or public agency organized
pursuant to State law;
(B) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)) or an entity controlled by an Indian
tribe;
(C) a water users' association;
(D) an agency established by an interstate compact;
or
(E) an agency established under State law for the
joint exercise of powers.
(4) Federally owned storage project.--The term ``federally
owned storage project'' means any project in a Reclamation
State--
(A) that involves the construction, expansion,
upgrade, or capital repair of--
(i) a surface or groundwater storage
facility; or
(ii) a facility conveying water to or from
surface or groundwater storage;
(B) to which the United States holds title; and
(C) that was authorized to be constructed,
operated, and maintained pursuant to--
(i) the Reclamation laws; or
(ii) the Act of August 11, 1939 (commonly
known as the ``Water Conservation and
Utilization Act'') (16 U.S.C. 590y et seq.).
(5) Non-federal storage project.--The term ``non-Federal
storage project'' means any facility or project in a
Reclamation State that--
(A) involves the construction, expansion, upgrade,
or capital repair by an eligible entity of--
(i) a surface or groundwater storage
project to which the United States does not
hold title; or
(ii) a facility conveying water to or from
surface or groundwater storage to which the
United States does not hold title; and
(B) the construction, expansion, upgrade, or
capital repair of such facility or project provides a
Federal benefit in accordance with Reclamation laws
(including regulations).
(6) Reclamation laws.--The term ``Reclamation laws'' means
Federal Reclamation law (the Act of June 17, 1902 (32 Stat.
388, chapter 1093), and Acts supplemental to and amendatory of
that Act.
(7) Reclamation state.--The term ``Reclamation State'' has
the meaning given the term in section 4014 of the Water
Infrastructure Improvements for the Nation Act (43 U.S.C. 390b
note; Public Law 114-322).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Grant Program.--The Secretary may provide a grant under this
section to an eligible entity to carry out, within a Reclamation
State--
(1) a federally owned storage project in accordance with
subsection (c); or
(2) a non-Federal storage project in accordance with
subsection (d).
(c) Federally Owned Storage Projects.--
(1) In general.--Subject to the requirements of this
section, on request of an eligible entity, the Secretary may
negotiate and enter into an agreement on behalf of the United
States for the design, study, construction, expansion, upgrade,
or capital repair of a federally owned storage project in an
amount equal to not more than 50 percent of the total cost of
the federally owned storage project.
(2) Conditions for federal construction funding.--The
construction of a federally owned storage project that is the
subject of an agreement under this section shall not commence
until the Secretary--
(A) determines that--
(i) the federally owned storage project is
feasible in accordance with the Reclamation
laws;
(ii) the federally owned storage project
provides a Federal benefit in accordance with
the Reclamation laws; and
(iii) in return for the Federal cost-share
investment, not less than a proportionate share
of the benefits of the federally owned storage
project are Federal benefits, including water
supplies dedicated to specific purposes, such
as water quality improvements or fish and
wildlife protection and restoration, including
a wildlife refuge; and
(B) secures an agreement providing such funding as
is necessary to pay the non-Federal share of the
capital costs of the federally owned storage project.
(3) Notification.--The Secretary shall submit to the
appropriate committees of Congress a written notification that
an agreement that satisfies the requirements in paragraph
(2)(B) has been secured not later than 30 days after the
agreement is secured.
(4) Expansion or upgrade.--The Secretary shall require, as
a condition for design, study, or any other participation in
the expansion or upgrade of a federally owned storage project,
the agreement of--
(A) if applicable, any entity that has an existing
water service contract or repayment contract for more
than 60 percent of the capacity or yield of the
federally owned storage project, that the expansion
will not adversely affect any right or interest of the
entity under the water service contract or repayment
contract, as applicable; and
(B) if applicable, a non-Federal entity that,
pursuant to a formal operations and maintenance
transfer contract or other legal agreement with the
Secretary carries out the operations and maintenance of
the federally owned storage project.
(d) Non-Federal Storage Projects.--
(1) In general.--Subject to the requirements of this
section, the Secretary may participate in the design, study,
construction, expansion, upgrade, or capital repair of a non-
Federal storage project in an amount equal to not more than 25
percent of the total cost of the non-Federal storage project.
(2) Conditions for federal design and study funding.--The
Secretary shall only participate in the design or study of a
non-Federal storage project under this section if--
(A) the Governor, political subdivision,
department, or public agency of the State in which the
non-Federal storage project is located supports Federal
funding of the non-Federal storage project; and
(B) the Secretary has identified the potential for
Federal benefit sufficient to proceed.
(3) Conditions for federal construction, expansion,
upgrade, or capital repair funding.--Participation by the
Secretary in the construction, expansion, upgrade, or capital
repair of a non-Federal storage project under this section
shall be by negotiated agreement between the United States and
the applicable non-Federal entity, and shall not occur unless--
(A) the Governor, political subdivision,
department, or public agency of the State in which the
non-Federal storage project is located supports Federal
funding for the project; and
(B) the applicable eligible entity determines, and
the Secretary concurs, that--
(i) the non-Federal storage project is
technically and financially feasible in
accordance with guidelines established by the
Secretary;
(ii) the non-Federal storage project
provides a Federal benefit in accordance with
the Reclamation laws;
(iii) in return for the Federal cost-share
investment, not less than a proportionate share
of the benefits of the non-Federal storage
project are Federal benefits, including water
supplies dedicated to specific purposes, such
as water quality improvements or fish and
wildlife protection and restoration, including
a wildlife refuge; and
(iv) each entity participating in the non-
Federal project is financially capable of
funding its proportionate share of the non-
Federal share of the project costs.
(C) Not less than $10,000,000 of the funding
identified in subsection (g) shall be allocated to non-
Federal storage projects that further the Department of
the Interior's priority of sustainably developing
natural resources and are--
(i) included in the Bureau of Reclamation's
2015 Water Management Goal Investment Strategy
Final Report;
(ii) capable of providing water to a
Federal wildlife refuge;
(iii) equipped with an approved fish
screen; and
(iv) have both conveyance and recirculation
benefits.
(4) Notification.--The Secretary shall submit to the
appropriate committees of Congress a written notification that
an agreement that satisfies the requirements in paragraph (2)
has been secured not later than 30 days after the agreement is
secured.).
(5) Information.--
(A) In general.--In participating in a non-Federal
storage project under this section, the Secretary--
(i) shall--
(I) generally, rely on reports
prepared by an eligible entity
participating in the non-Federal
storage project, including feasibility
or equivalent studies, environmental
analyses, and other pertinent reports
and analyses; but
(II) retain responsibility for
making the independent determinations
described in paragraphs (2) and (3);
and
(ii) may prepare studies supplementary to
the studies described in clause (i)(I), on
request of the eligible entity participating in
the non-Federal storage project.
(B) Guidelines.--
(i) Draft guidelines.--Not later than 180
days after the date of the enactment of this
Act, the Secretary shall issue draft guidelines
for determining whether a non-Federal storage
project is financially feasible. The guidelines
shall be consistent with and meet the
requirements in title XVI of Public Law 102-575
for a feasibility study report, including the
economic analysis contained in the Reclamation
Manual Directive & Standard Title XVI Water
Reclamation and Reuse Program Feasibility Study
Review Process (WTR 11-01), subject to--
(I) any additional requirements
necessary to provide sufficient
information for making the independent
determinations described in paragraphs
(2) and (3); and
(II) the condition that the Bureau
of Reclamation shall not bear
responsibility for the technical
adequacy of any design, study, cost
estimate, construction, expansion,
upgrade, or capital repair relating to
a non-Federal storage project.
(ii) Final guidelines.--Not later than 1
year after the date of the enactment of this
Act, the Secretary shall finalize the
guidelines issued under clause (i).
(e) Rights To Use Capacity.--
(1) Federally owned storage project.--The right to use the
capacity of a federally owned storage project that was
designed, studied, constructed, expanded, upgraded, or repaired
under this Act shall be allocated in such manner as may be
mutually agreed to by the Secretary and the party or parties to
the agreement executed pursuant to subsection (c)(1).
(2) Non-federal storage project.--The right to use the
capacity of a non-Federal storage project that was designed,
studied, constructed, expanded, upgraded, or repaired under
this Act shall be allocated in such manner as may be mutually
agreed to by the Secretary and the relevant eligible entity or
entities.
(f) Federal Benefits.--In making a determination relating to
Federal benefits under this Act, the Secretary may consider any benefit
realized from the existence of operational flexibility to optimize the
achievement of any authorized project purpose (whether reimbursable or
nonreimbursable), including through the coordinated management of
Federal and non-Federal facilities.
(g) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$800,000,000 for the period of fiscal years 2021 through 2025.
(2) Congressional approval initially required.--
(A) Design and study funding.--A federally owned
storage project or a non-Federal storage project shall
only receive initial design or study funding under this
Act if the project is designated funding by name in an
Act of appropriation.
(B) Construction funding.--A federally owned
storage project or a non-Federal storage project shall
only receive initial construction funding under this
Act if the project is designated funding by name in an
Act of appropriations.
(C) Reclamation recommendations.--
(i) In general.--Subject to clause (ii),
the Secretary shall submit to the appropriate
committees of Congress recommendations
regarding the initial award of design and study
funding, and of construction funding, for each
federally owned storage project and non-Federal
storage project subject to consideration under
subparagraphs (A) and (B).
(ii) Requirement.--The Secretary shall
confer with the appropriate committees of
Congress before submitting the recommendations
under clause (i).
(3) Subsequent funding awards.--
(A) Design and study funding.--After a federally
owned storage project or a non-Federal storage project
receives an initial award of design or study funding
under paragraph (2), additional design or study funding
for that project shall not be subject to paragraph (2).
(B) Construction funding.--After a federally owned
storage project or a non-Federal storage project
receives an initial award of construction funding under
paragraph (2), additional construction funding for that
project shall not be subject to paragraph (2).
(4) Preliminary studies.--Of the amounts made available
under paragraph (1), not more than 25 percent shall be provided
for appraisal studies, feasibility studies, or other
preliminary studies.
(5) WIIN act storage funding.--
(A) Appropriations.--Each federally owned storage
project and non-Federal storage project shall be
eligible to receive any amounts made available pursuant
to section 4007(h) of the Water Infrastructure
Improvements for the Nation Act (43 U.S.C. 390b note;
Public Law 114-322) (as in effect on the day before the
date of the enactment of this Act), in accordance with
paragraphs (2) and (3).
(B) Individual projects.--
(i) Federally owned storage projects.--If
the Secretary determines that a federally owned
storage project is eligible for funding under
section 4007(b) of the Water Infrastructure
Improvements for the Nation Act (43 U.S.C. 390b
note; Public Law 114-322), the federally owned
storage project shall remain eligible for
funding under subsection (c).
(ii) Non-federal storage projects.--If the
Secretary determines that a non-Federal storage
project is eligible for funding as a State-led
storage project under section 4007(c) the Water
Infrastructure Improvements for the Nation Act
(43 U.S.C. 390b note; Public Law 114-322), the
non-Federal storage project shall remain
eligible for funding under subsection (d).
(h) Consistency With State Law.--Nothing in this section preempts
or modifies any obligation of the United States or an eligible entity
to act in accordance with applicable State law.
SEC. 3. DELTA OPERATIONS.
Section 4013 of the Water Infrastructure Improvements for the
Nation Act (130 Stat. 1883) is amended--
(1) in the first sentence, by striking ``5'' and inserting
``13'';
(2) in paragraph (1)--
(A) by striking ``10'' and inserting ``18''; and
(B) by striking ``and'' at the end; and
(3) in paragraph (2), by inserting ``; and (3) section
4007, which shall expire 5 years after the date of its
enactment'' before the final period.
SEC. 4. CALFED.
(a) Partnership and Agreements Relating to Certain Water Storage
Projects.--The Secretary of the Interior may enter into a partnership
or other agreement relating to a water storage project described in
section 103 of the Calfed Bay-Delta Authorization Act (Public Law 108-
361; 118 Stat. 1683) with a local joint-powers authority established
pursuant to State law by 1 or more irrigation districts or other local
water districts or units of local government within the applicable
hydrologic region, to advance the project.
(b) Reauthorization.--Title I of the Calfed Bay-Delta Authorization
Act (Public Law 108-361; 118 Stat. 1681; 123 Stat. 2860; 128 Stat. 164;
128 Stat. 2312; 129 Stat. 2407; 130 Stat. 1866) is amended by striking
``2020'' each place it appears and inserting ``2024''.
SEC. 5. SAVINGS CLAUSE.
Nothing in this Act or an amendment made by this Act shall be
interpreted or implemented in a manner that--
(1) preempts or modifies any obligation of the United
States or an eligible entity under Federal law to act in
accordance with applicable State law, including applicable
State water law; or
(2) affects or modifies any obligation under applicable
Federal environmental law.
<all>
Western Water Storage Infrastructure Act
#8166 | HR Congress #116
Policy Area: Water Resources Development
Last Action: Referred to the Subcommittee on Water, Oceans, and Wildlife. (9/10/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text