[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4188 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4188
To provide for drought preparedness and improved water supply
reliability, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 2, 2020
Ms. Harris introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for drought preparedness and improved water supply
reliability, 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 for Tomorrow
Act of 2020''.
(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--INVESTMENTS IN WATER INFRASTRUCTURE AND SUSTAINABILITY
Sec. 101. Findings.
Sec. 102. Reclamation infrastructure finance and innovation program.
Sec. 103. Assistance for disadvantaged communities without adequate
drinking water.
Sec. 104. Competitive grant program for the funding of water recycling
and reuse projects.
Sec. 105. Increased funding for water management improvement.
Sec. 106. Rural water supply program reauthorization.
TITLE II--ECOSYSTEM PROTECTION AND RESTORATION
Sec. 201. Competitive grant program for the funding of watershed health
projects.
Sec. 202. Cooperative Watershed Management Program.
Sec. 203. Support for refuge water deliveries.
Sec. 204. Drought planning and preparedness for critically important
fisheries.
Sec. 205. Aquatic ecosystem restoration.
TITLE III--IMPROVED TECHNOLOGY AND DATA
Sec. 301. Determination of water supply allocations.
Sec. 302. Study examining climate vulnerabilities at Federal dams.
SEC. 2. DEFINITIONS.
In this Act:
(1) 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).
(2) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE I--INVESTMENTS IN WATER INFRASTRUCTURE AND SUSTAINABILITY
SEC. 101. FINDINGS.
Congress finds that--
(1)(A) everyone has the right to clean and safe drinking
water and appropriate sanitation services; and
(B) the Federal Government has the responsibility to ensure
that the rights described in subparagraph (A) are realized;
(2) water is an essential resource for farms, cities, and
the environment;
(3) in order to responsibly and sustainably manage water,
all different types of water, including water that is stored,
drinking water, flood waters, wastewater, recycled water, and
other types, should be taken into account;
(4) climate change will increase the vulnerability of water
supplies for communities and the environment by--
(A) increasing the frequency and magnitude of
droughts and extreme precipitation events;
(B) increasing air temperatures; and
(C) changing the patterns and volume of
precipitation;
(5) the water infrastructure of the United States needs
additional investment given the age of the infrastructure and
emerging issues, such as climate change;
(6) a diverse portfolio of water management, storage,
recycling, and reuse techniques can help to sustainably and
responsibly manage water in the United States;
(7) reducing water diversions from rivers and lakes is
important to sustain--
(A) native fish and wildlife; and
(B) the communities and Native American Tribes that
depend on a healthy environment;
(8) a sustainable water supply relies on--
(A) environmentally sound water storage projects;
(B) protection of clean water programs;
(C) financing for new technologies;
(D) developments and funding for water recycling
and reuse projects;
(E) improvements to wastewater systems and flood
management;
(F) increased conservation programs and water
efficiency; and
(G) instream flows of adequate quality and quantity
that protect native fish and wildlife and the
environment;
(9) the entire Western United States is facing projections
of prolonged droughts that will leave Western States facing
major water shortages and catastrophic wildfires;
(10) recent periods of severe drought in the Western States
have occurred with higher temperatures and reduced snowpack;
(11) the Colorado River has been under drought conditions
since 2000;
(12) the chances of a climate change-induced
``megadrought'' striking the Southwest and central Great Plains
are on the rise; and
(13) robust Federal investment and support is needed to
assist the Western States in developing future drought
resiliency in the face of climate change, which will continue
to exacerbate existing water supply challenges in an already
arid region of the United States.
SEC. 102. RECLAMATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM.
(a) Establishment.--The Secretary shall establish and carry out a
program under which the Secretary shall provide to eligible entities
described in subsection (c) financial assistance in accordance with
this section to carry out eligible projects described in subsection
(b).
(b) Eligible Projects and Eligible Project Costs.--
(1) In general.--A project eligible to receive assistance
under the program under this section is a water supply project
described in paragraph (2) that, as determined by the
Secretary--
(A) is located in--
(i) the State of Alaska;
(ii) the State of Hawaii; or
(iii) a Reclamation State;
(B) would contribute directly or indirectly
(including through groundwater recharge) to a safe,
adequate water supply for domestic, agricultural,
environmental, municipal, or industrial use;
(C) complies with all applicable State and Federal
laws;
(D) would provide net ecosystem benefits in excess
of required environmental mitigation measures or
compliance obligations pursuant to State and Federal
law, as described in paragraph (6);
(E) uses natural infrastructure and nature-based
solutions where practicable;
(F) is economically feasible; and
(G) is otherwise eligible for assistance under this
section.
(2) Water supply projects.--A water supply project referred
to in paragraph (1) is--
(A) a project for the reclamation and reuse of
municipal, industrial, domestic, and agricultural
wastewater, and naturally impaired ground water, which
the Secretary, acting through the Commissioner of
Reclamation, is authorized to undertake;
(B) any water infrastructure project not
specifically authorized by law that--
(i) the Secretary determines, through the
completion of an appraisal investigation and
feasibility study, would contribute to a safe,
adequate water supply for domestic,
agricultural, environmental, municipal, or
industrial use; and
(ii) is otherwise eligible for assistance
under this section;
(C) a new water infrastructure facility project,
including a water conduit, pipeline, canal, pumping,
power, and any associated facility;
(D) a project for enhanced energy efficiency in the
operation of a water system;
(E) a project for accelerated repair and
replacement of all or a portion of an aging water
distribution or conveyance facility;
(F) a brackish desalination project;
(G) a project for the acquisition of real property
or an interest in real property for water storage,
reclaimed or recycled water, or wastewater, if the
acquisition is integral to a project described in
subparagraphs (A) through (F);
(H) a project to deliver water to wildlife refuges;
(I) a stormwater capture project; or
(J) a combination of projects, each of which is
eligible under subparagraphs (A) through (I), for which
an eligible entity submits a single application.
(3) Eligible project costs.--An eligible project cost that
is eligible for assistance under this section--
(A) shall be limited to a nonreimbursable cost for
elements of a project that would achieve public
benefits under the reclamation laws; and
(B) includes the cost of--
(i) development-phase activities, including
planning, feasibility analysis, revenue
forecasting, environmental review, permitting,
transaction costs, preliminary engineering and
design work, and other preconstruction
activities;
(ii) construction, reconstruction,
rehabilitation, and replacement activities;
(iii) the acquisition of real property
(including water rights, land relating to the
eligible project, and improvements to land),
environmental mitigation, construction
contingencies, and acquisition of equipment;
(iv) capitalized interest necessary to meet
market requirements, reasonably required
reserve funds, capital issuance expenses, and
other carrying costs during construction;
(v) refinancing interim construction
funding, long-term project obligations, or a
secured loan, loan guarantee, or other credit
enhancement made under this section;
(vi) refinancing long-term project
obligations or Federal credit instruments, if
that refinancing provides additional funding
capacity for the completion, enhancement, or
expansion of any eligible project selected for
assistance under this section;
(vii) reimbursement or success payments to
any public or private entity that achieves
predetermined outcomes on a pay-for-performance
or pay-for-success basis; and
(viii) grants, loans, or credit enhancement
for community development financial
institutions, green banks, and other financial
intermediaries providing ongoing finance for
eligible projects that meet the purposes of
this section.
(4) Small community projects.--For projects eligible for
assistance under this section and section 5028(a)(2)(B) of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3907(a)(2)(B)), the Secretary may assist applicants in
combining 1 or more projects into a single application in order
to meet the minimum project cost of $5,000,000 required under
that section.
(5) Cost-sharing requirement; certain uses.--
(A) Cost sharing.--The Federal share of the
eligible costs of a water supply project under this
section shall be not more than 25 percent.
(B) Certain uses.--A water supply project that
receives assistance under this section may use not more
than 5 percent of amounts made available under this
section to carry out activities to demonstrate progress
toward the goals of the water supply project.
(6) Determination of net ecosystem benefits.--
(A) Draft report.--
(i) In general.--Using the best available
scientific information and data, the Director
of the United States Fish and Wildlife Service
shall prepare a draft report that evaluates the
ecosystem impacts and benefits of each proposed
water supply project being considered for
financial assistance under this section.
(ii) Coordination.--A draft report required
under clause (i) shall be prepared in
coordination with the head of the State agency
with jurisdiction over the fish and wildlife
resources of the State in which the water
supply project is proposed to be carried out.
(iii) Applicable law; requirements.--A
draft report prepared under clause (i) shall--
(I) meet the requirements of
section 2(b) of the Fish and Wildlife
Coordination Act (16 U.S.C. 662(b));
(II) quantify and estimate the
ecosystem benefits and adverse impacts
to native fish and wildlife from the
proposed water supply project; and
(III) evaluate whether the
ecosystem benefits of the proposed
water supply project are likely to
exceed the ecosystem impacts of the
proposed water supply project.
(iv) Review; availability.--The Director of
the United States Fish and Wildlife Service
shall ensure that a draft report prepared under
clause (i) is--
(I) reviewed by independent
scientists; and
(II) made available for a public
review and comment period of not less
than 30 days.
(B) Final report.--
(i) In general.--The Director of the United
States Fish and Wildlife Service shall prepare
a final report based on the applicable draft
report prepared under subparagraph (A)(i),
after considering the results of the
independent scientific peer review and public
comment processes under subparagraph (A)(iv).
(ii) Transmission; availability.--A final
report prepared under clause (i) shall be--
(I) transmitted to--
(aa) the project applicant;
(bb) the relevant State
agency; and
(cc) the relevant
committees of Congress; and
(II) made available to the public.
(iii) Determination.--If a final report
prepared under clause (i) determines that the
water supply project provides net ecosystem
benefits, the proposed water supply project
shall be eligible for financial assistance
under this section.
(iv) Recommendations.--If a final report
determines that the proposed water supply
project fails to provide a net ecosystem
improvement, the final report may identify
potential recommendations to reduce adverse
environmental impacts and improve environmental
benefits of the proposed water supply project.
(v) Final agency action.--A final report
prepared under clause (i) shall be considered
to be a final agency action for purposes of
section 704 of title 5, United States Code.
(vi) Judicial review.--A final report
prepared under clause (i) shall be subject to
review in the Federal district court of the
State in which the project is proposed to be
constructed if a petition for review is filed
with the court not later than 180 days after
the date on which the final report is
transmitted under clause (ii).
(c) Eligible Entities.--The following entities are eligible to
receive assistance under this section:
(1) An entity described in section 5025 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 3904).
(2) A conservancy district, Reclamation district, or
irrigation district.
(3) A canal company or mutual water company.
(4) A water users' association.
(5) An agency established by an interstate compact.
(6) Any other individual or entity that has the capacity to
contract with the United States under the reclamation laws.
(d) Requirements.--
(1) Project selection.--In selecting eligible projects to
receive assistance under the program under this section, the
Secretary shall ensure diversity with respect to--
(A) project type; and
(B) geographical location within the States
referred to in subsection (b)(1)(A).
(2) Priority.--In selecting eligible projects to receive
assistance under this section, the Secretary shall prioritize
projects that--
(A) would benefit--
(i) low-income communities; or
(ii)(I) communities particularly at risk to
the impacts of climate change; and
(II) environmentally at-risk communities;
(B) to the maximum extent practicable, incorporate
green and natural infrastructure components; and
(C) achieve multiple public benefits.
(3) Importation of other requirements.--The following
provisions of law shall apply to the program under this
section:
(A) Sections 5022, 5024, 5027, 5028, 5029, 5030,
5031, 5032, and 5034(a) of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 3901, 3903,
3906, 3907, 3908, 3909, 3910, 3911, and 3913(a)),
except that--
(i) any reference contained in those
sections to the Secretary of the Army shall be
considered to be a reference to the Secretary;
(ii) any reference contained in those
sections to an eligible project shall be
considered to be a reference to an eligible
project described in subsection (b);
(iii) paragraphs (1)(E) and (6)(B) of
subsection (a), and subsection (b)(3), of
section 5028 of that Act (33 U.S.C. 3907) shall
not apply with respect to this section; and
(iv) subsections (e) and (f) of section
5030 of that Act (33 U.S.C. 3909) shall not
apply with respect to this section.
(B) The agreement between the Administrator of the
Environmental Protection Agency and the Commissioner of
Reclamation required under section 4301 of the
America's Water Infrastructure Act of 2018 (Public Law
115-270).
(C) Other applicable environmental laws, including
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out the program under this section
$150,000,000 for each of fiscal years 2021 through 2025, to
remain available until expended.
(2) Administrative costs.--Of the funds made available
under paragraph (1), the Secretary may use for administrative
costs of carrying out the program under this section (including
for the provision of technical assistance to project sponsors
pursuant to paragraph (3), to obtain any necessary approval,
and for transfer to the Administrator of the Environmental
Protection Agency to provide assistance in administering and
servicing Federal credit instruments under the program) not
more than $5,000,000 for each applicable fiscal year.
(3) Small community projects.--
(A) In general.--Subject to subparagraph (B), the
Commissioner may use the funds made available under
paragraph (2) to provide assistance, including
assistance to pay the costs of acquiring the rating
opinion letters under paragraph (1)(D) of section
5028(a) of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 3907(a)), to assist project
sponsors in obtaining the necessary approvals for small
community projects that are eligible for assistance
under paragraph (2)(B) of that section or subsection
(b)(3).
(B) Limitation.--Assistance provided to a project
sponsor under subparagraph (A) may not exceed an amount
equal to 75 percent of the total administrative costs
incurred by the project sponsor in securing financial
assistance under this section.
(f) Limitation.--No eligible project that receives assistance under
this section may be financed (directly or indirectly), in whole or in
part, with proceeds of any obligation the interest on which is exempt
from the tax imposed under chapter 1 of the Internal Revenue Code of
1986.
(g) Effect.--Nothing in this section affects the authority of a
State or a political subdivision of a State to apply and enforce any
environmental laws (including regulations) with respect to an eligible
project provided assistance under this section.
SEC. 103. ASSISTANCE FOR DISADVANTAGED COMMUNITIES WITHOUT ADEQUATE
DRINKING WATER.
(a) In General.--The Secretary shall provide grants within the
Reclamation States to assist eligible applicants in planning,
designing, or carrying out projects to help disadvantaged communities--
(1) meet the primary drinking water standards set by the
Federal Safe Drinking Water Act (42 U.S.C. 300f et seq.); or
(2) address a significant decline in the quantity or
quality of drinking water.
(b) Eligible Applicants.--To be eligible to receive a grant under
this section, an applicant shall submit an application to the Secretary
that includes a proposal of the project or activity in subsection (c)
to be planned, designed, constructed, or implemented, the service area
of which--
(1) shall not be located in any city or town with a
population of more than 60,000 residents; and
(2) has a median household income of less than 100 percent
of the nonmetropolitan median household income of the State.
(c) Eligible Projects.--Projects eligible for grants under this
program may be used for--
(1) emergency water supplies;
(2) point-of-use treatment and point-of-entry systems;
(3) distributed treatment facilities;
(4) construction of new wells and connections to existing
water source systems;
(5) water distribution facilities;
(6) connection fees to existing systems;
(7) assistance to households to connect to water
facilities;
(8) local resource sharing, including voluntary agreements
between water systems to jointly contract for services or
equipment, or to study or implement the physical consolidation
of 2 or more water systems;
(9) technical assistance, planning, and design for any of
the activities described in paragraphs (1) through (8); or
(10) any combination of activities described in paragraphs
(1) through (9).
(d) Prioritization.--In determining priorities for funding
projects, the Secretary shall take into consideration--
(1) where water outages or the failure to meet drinking
water standards--
(A) are most serious; and
(B) pose the greatest threat to public health and
safety;
(2) the degree to which the project provides a long-term
solution to the water needs of the community; and
(3) whether the applicant has the ability to qualify for
alternative funding sources.
(e) Maximum Amount.--The amount of a grant provided under this
section may be up to 100 percent of costs, including--
(1) initial operation costs incurred for startup and
testing of project facilities;
(2) costs of components to ensure such facilities and
components are properly operational; and
(3) costs of operation or maintenance incurred subsequent
to placing the facilities or components into service.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000, to remain
available until expended.
(g) Coordination Required.--In carrying out this section, the
Secretary shall consult with the Secretary of Agriculture and the
Administrator of the Environmental Protection Agency to identify
opportunities to improve the efficiency, effectiveness, and impact of
grants provided under this section and under comparable programs that
address water and wastewater supply, quality, and treatment needs in
disadvantaged communities.
SEC. 104. COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATER RECYCLING
AND REUSE PROJECTS.
(a) Competitive Grant Program for the Funding of Water Recycling
and Reuse Projects.--Section 1602(f) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h(f)) is amended by
striking paragraphs (2) and (3) and inserting the following:
``(2) Priority.--In providing grants under paragraph (1),
the Secretary shall give priority to projects that--
``(A) are likely to provide a more-reliable water
supply for a unit of State, local, or Tribal
government;
``(B) are likely to increase the water management
flexibility and reduce impacts on environmental
resources;
``(C) are regional in nature;
``(D) involve multiple stakeholders;
``(E) provide multiple benefits, including water
supply reliability, ecosystem benefits, groundwater
management and enhancements, and water quality
improvements;
``(F) would benefit low-income communities; or
``(G) would protect communities particularly at
risk to climate change and environmental
degradation.''.
(b) Authorization of Appropriations.--Section 1602(g) of the
Reclamation Wastewater and Groundwater Study and Facilities Act (43
U.S.C. 390h(g)) is amended--
(1) in paragraph (1), by striking ``$50,000,000'' and
inserting ``$500,000,000''; and
(2) in paragraph (2), by striking ``if enacted
appropriations legislation designates funding to them by
name,''.
(c) Limitation on Funding.--Section 1631(d)(1) of the Reclamation
Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-
13(d)(1)) is amended by striking ``$20,000,000 (October 1996 prices)''
and inserting ``$30,000,000 (January 2019 prices)''.
SEC. 105. INCREASED FUNDING FOR WATER MANAGEMENT IMPROVEMENT.
Section 9504(e) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10364(e)) is amended by striking ``$530,000,000'' and
inserting ``$700,000,000 for fiscal year 2021 and each fiscal year
thereafter''.
SEC. 106. RURAL WATER SUPPLY PROGRAM REAUTHORIZATION.
(a) Authorization of Appropriation.--Section 109(a) of the Rural
Water Supply Act of 2006 (43 U.S.C. 2408(a)) is amended by striking
``$15,000,000 for each of fiscal years 2007 through 2016'' and
inserting ``$50,000,000 for each of fiscal years 2021 through 2026''.
(b) Termination of Authority.--Section 110 of the Rural Water
Supply Act of 2006 (43 U.S.C. 2409) is amended by striking ``2016'' and
inserting ``2026''.
TITLE II--ECOSYSTEM PROTECTION AND RESTORATION
SEC. 201. COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATERSHED HEALTH
PROJECTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act and in accordance with this section, the Secretary, in
consultation with the heads of relevant agencies, shall establish a
competitive grant program to award grants to an eligible entity for
habitat restoration projects that improve watershed health in a
Reclamation State and accomplish 1 or more of the following benefits:
(1) Ecosystem benefits.
(2) Restoration of native species beyond existing or
planned measures necessary to meet State or Federal laws for
species recovery.
(3) Protection against invasive species.
(4) Restoration of aspects of the natural ecosystem.
(5) Enhancement of commercial and recreational fishing.
(6) Enhancement of river-based recreation such as kayaking,
canoeing, and rafting.
(7) Mitigate against the impacts of climate change to fish
and wildlife habitats.
(b) Requirements.--
(1) In general.--In awarding a grant under subsection (a),
the Secretary--
(A) shall give priority to a project that achieves
more than 1 of the benefits listed in subsection (a);
and
(B) may not provide a grant for a project that is
for the purpose of meeting existing environmental
mitigation or compliance obligations under State or
Federal law.
(2) Compliance.--A project awarded a grant under subsection
(a) shall comply with all applicable Federal and State laws.
(c) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a State, Indian Tribe, nonprofit conservation
organization operating in a Reclamation State, irrigation district,
water district, or other organization with water or power delivery
authority.
(d) Public Participation.--Before the establishment of the program
under subsection (a), the Secretary shall--
(1) provide notice of and, for a period of not less than 90
days, an opportunity for public comment on, any draft or
proposed version of the program requirements in accordance with
this section; and
(2) consider public comments received in developing the
final program requirements.
(e) Report.--Not later than October 1, 2022, and every 2 years
thereafter, the Secretary shall submit to Congress a report summarizing
the environmental performance of activities that are receiving, or have
received, assistance under the program authorized by this section.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000,000 for each fiscal
year through fiscal year 2026, to remain available until expended.
SEC. 202. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.
(a) Definitions.--Section 6001 of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1015) is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Disadvantaged community.--The term `disadvantaged
community' means a community (including a city, town, county,
or reasonably isolated and divisible segment of a larger
municipality) with an annual median household income that is
less than 100 percent of the statewide annual median household
income for the State in which the community is located,
according to the most recent decennial census.'';
(3) in paragraph (6)(B)(i) (as so redesignated)--
(A) in subclause (VIII), by striking ``and'' at the
end;
(B) in subclause (IX), by adding ``and'' after the
semicolon at the end; and
(C) by adding at the end the following:
``(X) disadvantaged communities;'';
and
(4) in paragraph (7) (as so redesignated)--
(A) in subparagraph (D), by striking ``or'' at the
end;
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) generates environmental benefits, such as
benefits to fisheries, wildlife and habitat, and water
quality and water-dependent ecological systems, and
water supply benefits for agricultural or urban water
users; or''.
(b) Application.--Section 6002 of the Omnibus Public Lands
Management Act (16 U.S.C. 1015a) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Establishment of Application Process; Criteria.--Not later
than March 30, 2021, the Secretary shall update--
``(1) the application process for the program; and
``(2) in consultation with the States, the prioritization
and eligibility criteria for considering applications submitted
in accordance with the application process.''; and
(2) by striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $20,000,000 for each of fiscal years 2012 through
2020; and
``(2) $40,000,000 for each of fiscal years 2021 through
2025.''.
SEC. 203. SUPPORT FOR REFUGE WATER DELIVERIES.
(a) Report on Historic Refuge Water Deliveries.--Not later than 90
days after the date of enactment of this Act, the Secretary shall
submit to the relevant committees of Congress and make publicly
available a report that describes the following:
(1) Compliance with section 3406(d)(1) and section
3406(d)(2) of the Central Valley Project Improvement Act (title
XXXIV of Public Law 102-575) in each of years 1992 through
2018, including an indication of the amount of water identified
as the Level 2 amount and incremental Level 4 amount for each
wetland area.
(2) The difference between the mandated quantity of water
to be delivered to each wetland habitat area described in
section 3406(d)(2) and the actual quantity of water delivered
since October 30, 1992, including a listing of every year in
which the full delivery of water to wetland habitat areas was
achieved in accordance with level 4 of the ``Dependable Water
Supply Needs'' table, described in section 3406(d)(2) of the
Central Valley Project Improvement Act (title XXXIV of Public
Law 102-575).
(3) Which of the authorities granted to the Secretary under
Public Law 102-575 to achieve the full level 4 deliveries of
water to wetland habitat areas was employed in achieving the
increment of water delivery above the Level 2 amount for each
wetland habitat area, including whether water conservation,
conjunctive use, water purchases, water leases, donations,
water banking, or other authorized activities have been used
and the extent to which such authorities have been used.
(4) An assessment of the degree to which the elimination of
water transaction fees for the donation of water rights to
wildlife refuges would help advance the goals of the Central
Valley Project Improvement Act (title XXXIV of Public Law 102-
575).
(b) Priority Construction List.--The Secretary shall establish,
through a public process and in consultation with the Interagency
Refuge Water Management Team, a priority list for the completion of the
conveyance construction projects at the wildlife habitat areas
described in section 3406(d)(2) of the Central Valley Project
Improvement Act (title XXXIV of Public Law 102-575), including the
Mendota Wildlife Area, Pixley National Wildlife Refuge and Sutter
National Wildlife Refuge.
(c) Ecological Monitoring and Evaluation Program.--Not later than 1
year after the date of enactment of this Act, the Secretary, acting
through the Director of the United States Fish and Wildlife Service,
shall design and implement an ecological monitoring and evaluation
program, for all Central Valley wildlife refuges, that produces an
annual report based on existing and newly collected information,
including--
(1) the United States Fish and Wildlife Service Animal
Health Lab disease reports;
(2) mid-winter waterfowl inventories;
(3) nesting and brood surveys;
(4) additional data collected regularly by the refuges,
such as herptile distribution and abundance;
(5) a new coordinated systemwide monitoring effort for at
least 1 key migrant species and 2 resident species listed as
threatened and endangered pursuant to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) (including one warm-
blooded and one cold-blooded), that identifies population
numbers and survival rates for the 3 previous years; and
(6) an estimate of the bioenergetic food production
benefits to migrant waterfowl, consistent with the methodology
used by the Central Valley Joint Venture, to compliment and
inform the Central Valley Joint Venture implementation plan.
(d) Adequate Staffing for Refuge Water Delivery Objectives.--The
Secretary shall ensure that adequate staffing is provided to advance
the refuge water supply delivery objectives under the Central Valley
Project Improvement Act (title XXXIV of Public Law 102-575).
(e) Funding.--There is authorized to be appropriated $25,000,000 to
carry out subsections (a) through (d), which shall remain available
until expended.
(f) Effect on Other Funds.--Amounts authorized under this section
shall be in addition to amounts collected or appropriated under the
Central Valley Project Improvement Act (title XXXIV of Public Law 102-
575).
SEC. 204. DROUGHT PLANNING AND PREPAREDNESS FOR CRITICALLY IMPORTANT
FISHERIES.
(a) Definitions.--In this section:
(1) Critically important fisheries.--The term ``critically
important fisheries'' means--
(A) commercially and recreationally important
fisheries located within the Reclamation States;
(B) fisheries containing fish species that are
listed as threatened or endangered pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
within the Reclamation States; or
(C) fisheries used by Indian Tribes within the
Reclamation States for ceremonial, subsistence, or
commercial purposes.
(2) Qualified tribal government.--The term ``qualified
Tribal Government'' means any government of an Indian Tribe
that the Secretary determines--
(A) is involved in fishery management and recovery
activities including under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.); or
(B) has the management and organizational
capability to maximize the benefits of assistance
provided under this section.
(b) Drought Plan for Critically Important Fisheries.--Not later
than January 1, 2021, and every 3 years thereafter, the Secretary,
acting through the Director of the United States Fish and Wildlife
Service shall, in consultation with the National Marine Fisheries
Service, the Bureau of Reclamation, the Army Corps of Engineers, State
fish and wildlife agencies, and affected Indian Tribes, prepare a plan
to sustain the survival of critically important fisheries within the
Reclamation States during future periods of extended drought. The plan
shall focus on actions that can aid the survival of critically
important fisheries during the driest years. In preparing such plan,
the Director shall consider--
(1) habitat restoration efforts designed to provide drought
refugia and increased fisheries resilience during droughts;
(2) relocating the release location and timing of hatchery
fish to avoid predation and temperature impacts;
(3) barging of hatchery release fish to improve survival
and reduce straying;
(4) coordination with water users, the Bureau of
Reclamation, State fish and wildlife agencies, and interested
public water agencies regarding voluntary water transfers,
including through groundwater substitution activities, to
determine if water releases can be collaboratively managed in a
way that provides additional benefits for critically important
fisheries without negatively impacting wildlife habitat;
(5) hatchery management modifications, such as expanding
hatchery production of fish during the driest years, if
appropriate for a particular river basin;
(6) hatchery retrofit projects, such as the installation
and operation of filtration equipment and chillers, to reduce
disease outbreaks, egg mortality and other impacts of droughts
and high water temperatures;
(7) increasing rescue operations of upstream migrating
fish;
(8) improving temperature modeling and related forecasted
information to predict water management impacts to the habitat
of critically important fisheries with a higher degree of
accuracy than current models;
(9) testing the potential for parentage-based tagging and
other genetic testing technologies to improve the management of
hatcheries;
(10) programs to reduce predation losses at artificially
created predation hot spots; and
(11) retrofitting existing water facilities to provide
improved temperature conditions for fish.
(c) Public Comment.--The Director of the United States Fish and
Wildlife Service shall provide for a public comment period of not less
than 90 days before finalizing a plan under subsection (a).
(d) Authorization of Appropriations for Fish Recovery Efforts.--
There is authorized to be appropriated $25,000,000 for the United
States Fish and Wildlife Service for fiscal year 2021 for fish, stream,
and hatchery activities related to fish recovery efforts, including
work with the National Marine Fisheries Service, the Bureau of
Reclamation, the Army Corps of Engineers, State fish and wildlife
agencies, or a qualified Tribal Government.
(e) Effect.--Nothing in this section is intended to expand,
diminish, or affect any obligation under Federal or State environmental
law.
SEC. 205. AQUATIC ECOSYSTEM RESTORATION.
(a) General Authority.--Subject to the requirements of this
section, on request of any eligible entity the Secretary may negotiate
and enter into an agreement on behalf of the United States to fund the
design, study, and construction of an aquatic ecosystem restoration and
protection project if the Secretary determines that the project is
likely to improve the quality of the environment in a Reclamation State
by improving fish passage through the removal or bypass of barriers to
fish passage.
(b) Requirements.--Construction of a project under this section
shall be a voluntary project initiated only after--
(1) an eligible entity has entered into an agreement with
the Secretary to pay no less than 35 percent of the costs of
project construction; and
(2) the Secretary determines the proposed project--
(A) will not result in an unmitigated adverse
impact on fulfillment of existing water delivery
obligations consistent with historical operations and
applicable contracts;
(B) will not result in an unmitigated adverse
effect on the environment;
(C) is consistent with the responsibilities of the
Secretary--
(i) in the role as trustee for federally
recognized Indian Tribes; and
(ii) to ensure compliance with any
applicable international and Tribal treaties
and agreements and interstate compacts and
agreements;
(D) is in the financial interest of the United
States based on a determination that the project
advances Federal objectives including environmental
enhancement objectives in a Reclamation State; and
(E) protects the public aspects of the eligible
facility, including water rights managed for public
purposes, such as flood control or fish and wildlife.
(c) Environmental Laws.--In participating in a project under this
section, the Secretary shall comply with all applicable Federal
environmental laws, including the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), and all State environmental laws of the
Reclamation State in which the project is located involving the
construction, expansion or operation of a water storage project or fish
and wildlife protection, provided that no law or regulation of a State
or political subdivision of a State relieve the Secretary of any
Federal requirement otherwise applicable under this section.
(d) Funding.--There is authorized to be appropriated to carry out
this section $25,000,000 for each fiscal year through fiscal year 2026,
to remain available until expended.
(e) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means any Reclamation State, any department,
agency, or subdivision of a Reclamation State, any public agency
organized pursuant to the laws of a Reclamation State, an Indian Tribe,
or a nonprofit organization operating in a Reclamation State.
(f) Priority for Projects Providing Public Safety and Regional
Benefits.--When funding projects under this section, the Secretary
shall prioritize projects that--
(1) are likely to provide public safety benefits; and
(2) are regional in nature, including projects that span
two or more river basins.
TITLE III--IMPROVED TECHNOLOGY AND DATA
SEC. 301. DETERMINATION OF WATER SUPPLY ALLOCATIONS.
(a) Snowpack Measurement Data.--When determining water supply
allocations, the Secretary, acting through the Commissioner of the
Bureau of Reclamation, shall incorporate to the greatest extent
practicable information from emerging technologies for snowpack
measurement such as--
(1) synthetic aperture radar;
(2) laser altimetry; or
(3) any other emerging technologies that can provide more
accurate or timely snowpack measurement data as determined by
the Secretary.
(b) Coordination.--In carrying out subsection (a), the Secretary
may coordinate data use and collection efforts with other Federal
agencies and bureaus that currently use or may benefit from the use of
emerging technologies for snowpack measurement.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $5,000,000 to carry out this section.
(d) Report.--Not later than October 1, 2022, the Secretary shall
submit to Congress a report summarizing the use of emerging
technologies pursuant to this section and describe any benefits derived
from the use of such technologies related to the environment and
increased water supply reliability.
SEC. 302. STUDY EXAMINING CLIMATE VULNERABILITIES AT FEDERAL DAMS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall make appropriate arrangements with the
National Academies of Sciences, Engineering, and Medicine (referred to
in this section as the ``National Academies'') under which the National
Academies shall conduct an independent study to--
(1) examine the projected impact of climate change on the
safety of Bureau of Reclamation dams; and
(2) evaluate and list the Bureau of Reclamation dams that
are most vulnerable to climate change related safety risks
based on an assessment of climate change related impacts on--
(A) the frequency of heavy precipitation events;
and
(B) other factors that influence the magnitude and
severity of flooding events including snow cover and
snowmelt, vegetation, and soil moisture.
(b) Report.--In entering into an arrangement under subsection (a),
the Secretary shall request that the National Academies--
(1) transmit to the Secretary and to the relevant
committees of Congress a report not later than 24 months after
the date of enactment of this Act that includes the results of
the study; and
(2) consider any previous studies or evaluations conducted
or completed by the Bureau of Reclamation or local water
agencies on climate change impacts to dams, facilities, and
watersheds as a reference and source of information during the
development of the independent study.
<all>
Water for Tomorrow Act of 2020
#4188 | S Congress #116
Policy Area: Water Resources Development
Subjects: Aquatic ecologyClimate change and greenhouse gasesCongressional oversightDams and canalsEnvironmental assessment, monitoring, researchGovernment information and archivesGovernment studies and investigationsMarine and coastal resources, fisheriesRural conditions and developmentWater qualityWater resources fundingWater storageWater use and supplyWatershedsWildlife conservation and habitat protection
Last Action: Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held. With printed Hearing: S.Hrg. 116-375. (7/22/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text