[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7793 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7793
To provide for the water security of the Rio Grande Basin, to
reauthorize irrigation infrastructure grants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2022
Ms. Stansbury (for herself, Ms. Leger Fernandez, Mr. Neguse, Mr.
Perlmutter, and Ms. Herrell) introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the water security of the Rio Grande Basin, to
reauthorize irrigation infrastructure grants, 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 ``Rio Grande Water
Security Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RIO GRANDE WATER SECURITY
Sec. 101. Definitions.
Sec. 102. Integrated water resources management plan for the Rio Grande
Basin.
Sec. 103. Rio Grande Basin Working Group.
Sec. 104. Effect of title.
TITLE II--PUEBLO IRRIGATION
Sec. 201. Reauthorization of Pueblo irrigation infrastructure grants.
TITLE I--RIO GRANDE WATER SECURITY
SEC. 101. DEFINITIONS.
In this title:
(1) Basin plan.--The term ``Basin Plan'' means the
integrated water resources management plan for the Rio Grande
Basin developed under section 102(a).
(2) Basin state.--The term ``Basin State'' means each of
the following States:
(A) Colorado.
(B) New Mexico.
(C) Texas.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Nature-based feature.--The term ``nature-based
feature'' has the meaning given the term in section 9502 of the
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362).
(5) Rio grande basin.--The term ``Rio Grande Basin'' means
the mainstem of the Rio Grande from the headwaters of the Rio
Grande in Colorado to the mouth of the Rio Grande in Texas and
any hydrologically connected groundwater, aquifers, and
tributaries, including tributaries that provide water via basin
transfers.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Working group.--The term ``Working Group'' means the
Rio Grande Basin Working Group convened under section 102(a).
SEC. 102. INTEGRATED WATER RESOURCES MANAGEMENT PLAN FOR THE RIO GRANDE
BASIN.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall convene a Federal Working
Group, to be known as the ``Rio Grande Basin Working Group'', to
consult and collaborate with the Basin States, Indian Tribes, units of
local government, irrigation districts, conservation districts,
acequias, land grant-mercedes, and other local partners in the Rio
Grande Basin to develop and implement an integrated water resources
management plan for the Rio Grande Basin using the best available
science, data, and local knowledge.
(b) Purpose.--The purpose of the Basin Plan is to improve--
(1) water security and quality for communities throughout
the Rio Grande Basin;
(2) river and watershed health for ecosystems, fish, and
wildlife in the Rio Grande Basin;
(3) the resilience of communities and ecosystems in the Rio
Grande Basin to drought and hydrologic change; and
(4) consultation, collaboration, and partnerships among
Federal agencies, Basin States, Indian Tribes, and local
partners within the Rio Grande Basin.
(c) Requirements.--The Basin Plan shall include--
(1) a list of recommended projects and activities to
achieve the purpose described in subsection (b), using the best
available science for current and future conditions in the Rio
Grande Basin, including recommendations for--
(A) improving infrastructure design, maintenance,
repair, planning, management, and operations throughout
the Rio Grande Basin;
(B) improving science, data, monitoring, and
collaboration to improve understanding of the Rio
Grande Basin, including--
(i) the hydrology and other processes of
the Rio Grande Basin; and
(ii) the long-term availability of water
across the Rio Grande Basin;
(C) increasing water conservation in the Rio Grande
Basin through partnerships with communities and water
users;
(D) investments in nature-based features,
infrastructure, and habitat improvements to improve
river health, resilience, water security, and hazard
mitigation in the Rio Grande Basin;
(E) updating reservoir operations authorities and
water control manuals; and
(F) improving consultation, collaboration, and
partnerships throughout the Rio Grande Basin to achieve
the objectives described in subparagraphs (A) through
(E);
(2) a list of potential changes to existing Federal
authorities that may be needed to implement the Basin Plan; and
(3) a timeline for implementing the Basin Plan over a 30-
year period.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(1) submit the Basin Plan to--
(A) the appropriate committees of Congress; and
(B) the Basin States, Indian Tribes located within
the Rio Grande Basin, and local partners; and
(2) make the Basin Plan publicly available online.
(e) Implementation.--
(1) In general.--On submission of the Basin Plan to
Congress under subsection (d)(1)(A), the relevant agencies of
the Working Group may implement recommended projects and
activities from the Basin Plan to achieve the purposes of this
title, including--
(A) water conservation and restoration projects;
(B) streamflow and groundwater recharge
improvements;
(C) optimization of Federal project management,
including--
(i) improvements and flexibility in
reservoir, irrigation, and flood control
project operations; and
(ii) updates and amendments to particular
reservoir operations authorities, contracts,
and water control manuals within the Rio Grande
Basin, consistent with the recommendations
provided in subsection (c)(1)(E);
(D) studies of relevant projects and activities
requiring further authorization;
(E) the establishment of a collaborative science,
data, and monitoring program for the Rio Grande Basin;
and
(F) the establishment of a coordinated technical
assistance program to support Rio Grande Basin
stakeholders in accessing resources and programs to
achieve the purposes of this title.
(2) Waiver.--In implementing this subsection, the relevant
agencies of the Working Group may waive or reduce Federal cost-
share requirements for projects and activities that demonstrate
significant public benefits in accordance with the purpose
described in subsection (b).
(f) Requirements.--The projects and activities implemented pursuant
to subsection (e) shall be--
(1) subject to required authorization and appropriation by
Congress;
(2) contingent on the completion of applicable feasibility
studies, environmental reviews, and cost-benefit analyses that
include favorable recommendations for the proposed projects and
activities; and
(3) implemented--
(A) in accordance with applicable law, including--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(B) in consultation with and in accordance with
State, Tribal, and local authorities in the Basin
States;
(C) in accordance with interstate and international
agreements applicable to the Rio Grande Basin; and
(D) in accordance with the water rights of any
Indian Tribe or agreements between any Indian Tribe and
the United States.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the heads of the agencies represented on the Working
Group such sums as are necessary to carry out this title for each of
fiscal years 2023 through 2052.
SEC. 103. RIO GRANDE BASIN WORKING GROUP.
(a) Composition.--The Working Group shall be composed of the
following members:
(1) The Administrator of the Environmental Protection
Agency.
(2) The Assistant Secretary of the Army for Civil Works.
(3) The Chief of the Forest Service.
(4) The Chief of the Natural Resources Conservation
Service.
(5) The Commissioner of the International Boundary and
Water Commission.
(6) The Commissioner of Reclamation.
(7) The Director of any National Laboratory located in a
Basin State.
(8) The Director of the Bureau of Indian Affairs.
(9) The Director of the Bureau of Land Management.
(10) The Director of the National Park Service.
(11) The Director of the United States Fish and Wildlife
Service.
(12) The Director of the United States Geological Survey.
(13) The Secretary of Energy.
(14) The Under Secretary for Rural Development.
(15) The heads of any other relevant Federal agencies, as
determined to be appropriate by a majority of the members of
the Working Group described in paragraphs (1) through (14).
(b) Duties.--The Working Group shall consult, collaborate, and work
with Basin States, Indian Tribes located within the Rio Grande Basin,
and local partners--
(1) to develop and implement a Basin Plan; and
(2) on submission of the Basin Plan to Congress under
section 102(d)(1)(A), to support ongoing collaboration across
the Rio Grande Basin among Federal stakeholders and non-Federal
stakeholders within the Rio Grande Basin.
SEC. 104. EFFECT OF TITLE.
Nothing in this title--
(1) affects, waives, abrogates, diminishes, defines, or
interprets any water right of any Indian Tribe or agreement
between any Indian Tribe and the United States;
(2) affects a contract or benefit in existence on the date
of enactment of this Act that was executed pursuant to the
reclamation laws, unless otherwise agreed to by the parties to
the contract or benefit;
(3) affects any interstate or international agreement
regarding the Rio Grande and the waters of the Rio Grande, or
any other interstate compact or agreement regarding water;
(4) affects any ongoing treaty obligations; or
(5) limits or affects any Basin State or Indian Tribe in
the management of water quantity or quality in accordance with
State or Tribal laws, as applicable.
TITLE II--PUEBLO IRRIGATION
SEC. 201. REAUTHORIZATION OF PUEBLO IRRIGATION INFRASTRUCTURE GRANTS.
Section 9106(g)(2) of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 1309) is amended--
(1) by striking ``is authorized'' and inserting ``are
authorized''; and
(2) by striking ``$6,000,000'' and all that follows through
the period at the end and inserting ``such sums as are
necessary for each of fiscal years 2022 through 2032.''.
<all>