[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2185 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2185
To reauthorize certain Bureau of Reclamation programs, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 23, 2021
Mr. Barrasso introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To reauthorize certain Bureau of Reclamation programs, 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 Infrastructure Act of
2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Grandfathered project.--The term ``grandfathered
project'' means a project that has been included in a
feasibility level study by the Secretary that was commenced,
including at the appraisal level, on or before January 1, 2021,
in anticipation of Federal funding or recommended by the
Secretary and approved by an Act of Congress prior to the date
of enactment of this Act pursuant to--
(A) section 4007 of the WIIN Act (43 U.S.C. 390b
note; Public Law 114-322);
(B) section 4(a)(2) of the Water Desalination Act
of 1996 (42 U.S.C. 10301 note; Public Law 104-298); or
(C) section 1602(e) of the Reclamation Wastewater
and Groundwater Study and Facilities Act (43 U.S.C.
390h(e)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
SEC. 3. REAUTHORIZATION OF CERTAIN RECLAMATION PROGRAMS.
(a) Water Storage Program.--Section 4007 of the WIIN Act (43 U.S.C.
390b note; Public Law 114-322) is amended--
(1) in subsection (h)--
(A) in paragraph (1), by striking ``(1)
$335,000,000'' and inserting the following:
``(1) In general.--$1,600,000,000''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Requirement.--
``(A) In general.--Subject to subparagraph (B), a
project may only receive funding under this section if
the project has been included in an Act of Congress
that specifically approves a project recommendation in
an annual report issued in accordance with section 5 of
the Western Water Infrastructure Act of 2021.
``(B) Limitation.--Subparagraph (A) shall not apply
to a grandfathered project (as defined in section 2 of
the Western Water Infrastructure Act of 2021).'';
(2) by striking subsection (i); and
(3) by redesignating subsections (j) and (k) as subsections
(i) and (j), respectively.
(b) Eligible Desalination Projects.--Section 4(a) of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended--
(1) by redesignating the second paragraph (1) (relating to
eligible desalination projects) as paragraph (2); and
(2) in subparagraph (F) of paragraph (2) (as so
redesignated)--
(A) in clause (i)--
(i) by striking ``(i) $30,000,000'' and
inserting the following:
``(i) In general.--$125,000,000''; and
(ii) by striking ``; and'' and at the end
and inserting a period; and
(B) by striking clause (ii) and inserting the
following:
``(ii) Requirement.--
``(I) In general.--Subject to
subclause (II), a project may only
receive funding under this section if
the project has been included in an Act
of Congress that specifically approves
a project recommendation in an annual
report issued in accordance with
section 5 of the Western Water
Infrastructure Act of 2021.
``(II) Limitation.--Subclause (I)
shall not apply to a grandfathered
project (as defined in section 2 of the
Western Water Infrastructure Act of
2021).''.
(c) Reclamation and Reuse of Wastewater and Groundwater.--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)--
(A) by striking the paragraph designation and all
that follows through ``There is'' and inserting the
following:
``(A) In general.--There is''; and
(B) by striking ``$50,000,000'' and inserting
``$375,000,000''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Requirement.--
``(A) In general.--Subject to subparagraph (B), a
project may only receive funding under this section if
the project has been included in an Act of Congress
that specifically approves a project recommendation in
an annual report issued in accordance with section 5 of
the Western Water Infrastructure Act of 2021.
``(B) Limitation.--Subparagraph (A) shall not apply
to a grandfathered project (as defined in section 2 of
the Western Water Infrastructure Act of 2021).''.
(d) Duration of Certain Reclamation Projects.--Section 4013 of the
WIIN Act (43 U.S.C. 390b note; Public Law 114-322) is amended--
(1) in paragraph (1), by striking ``; and'' at the end;
(2) in paragraph (2), by striking the period at the end the
following and inserting ``; and''; and
(3) by adding at the end the following:
``(2) sections 4006, 4007 (other than a project under
construction under that section that is covered by paragraph
(2)), 4008, 4009 (other than a project under construction under
the amendment made by subsection (a) or (c) of section 4009
that is covered by paragraph (2)), and 4011 (including any
amendments made by those sections), which shall expire 5 years
after the date of enactment of the Western Water Infrastructure
Act of 2021.''.
(e) Applicable Law.--A grandfathered project shall continue to be
subject to the applicable requirements of the following:
(1) Section 4007 of the WIIN Act (43 U.S.C. 390b note;
Public Law 114-322).
(2) Section 4(a)(2) of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298).
(3) Section 1602(e) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h(e)).
SEC. 4. 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 ``$700,000,000'' and
inserting ``$1,000,000,000''.
SEC. 5. ANNUAL REPORT TO CONGRESS ON FUTURE WESTERN WATER STORAGE
PROJECTS.
(a) Definitions.--In this section:
(1) Annual report.--The term ``annual report'' means a
report required under subsection (b)(1).
(2) Authorized reclamation project.--
(A) In general.--The term ``authorized Reclamation
project'' means a project authorized under--
(i) section 4007 of the WIIN Act (43 U.S.C.
390b note; Public Law 114-322);
(ii) section 4(a)(2) of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note;
Public Law 104-298); or
(iii) section 1602(e) of the Reclamation
Wastewater and Groundwater Study and Facilities
Act (43 U.S.C. 390h(e)).
(B) Exclusion.--The term ``authorized Reclamation
project'' does not include a grandfathered project.
(3) Authorizing committees of congress.--The term
``authorizing committees of Congress'' means--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(b) Annual Report.--
(1) In general.--Not later than February 1 of each year,
the Secretary shall develop and submit to the authorizing
committees of Congress a report, to be entitled ``Report to
Congress on Future Water Storage Projects'', that identifies
each authorized Reclamation project that the Secretary has
determined meets the criteria and eligibility requirements
under subsection (a) or (b) of section 4007 of the WIIN Act (43
U.S.C. 390b note; Public Law 114-322), section 4(a)(2) of the
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104-298), or section 1602(e) of the Reclamation Wastewater
and Groundwater Study and Facilities Act (43 U.S.C. 390h(e)),
as applicable.
(2) Transparency.--For each authorized Reclamation project
included in the annual report under paragraph (1), the
Secretary shall include--
(A) the name of the associated non-Federal entity,
including the name of any non-Federal entity that has
contributed, or is expected to contribute, a non-
Federal share of the cost of the authorized Reclamation
project;
(B) a letter or statement of support from each
associated non-Federal entity; and
(C) a summary of the basis for the determination of
the Secretary that the authorized Reclamation project
meets the eligibility requirements referred to in
paragraph (1), including an estimate, to the maximum
extent practicable, of the monetary and nonmonetary
benefits of the authorized Reclamation project.
SEC. 6. CONTRACTS FOR ENHANCED INSPECTION.
(a) Definitions.--In this section:
(1) Aging infrastructure.--The term ``aging
infrastructure'' means any infrastructure subject to an
enhanced inspection under this section that is associated with
a facility that--
(A) was constructed by the Bureau of Reclamation
(or a precursor to the Bureau of Reclamation), in
accordance with the reclamation laws; and
(B) is greater than 50 years old as of the date of
the enhanced inspection.
(2) Enhanced inspection.--The term ``enhanced inspection''
means an inspection that uses current or innovative technology,
including Light Detection and Ranging (commonly known as
``LiDAR''), ground penetrating radar, subsurface imaging, or
subsurface geophysical techniques, to detect whether the
features of aging infrastructure--
(A)(i) are structurally sound; and
(ii) can operate as intended; or
(B) are at risk of failure.
(3) 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 (43 U.S.C. 371 et seq.)).
(b) Enhanced Inspection.--
(1) In general.--The Secretary may carry out enhanced
inspections of aging infrastructure, pursuant to a contract
with the owner or operator of the aging infrastructure.
(2) Certain circumstances.--Subject to the availability of
appropriations or funds otherwise available pursuant to
subsection (d), the Secretary shall enter into a contract
described in paragraph (1), if the owner or operator of the
aging infrastructure requests that the Secretary carry out the
enhanced inspections.
(3) Reimbursability.--Any Federal funds used to carry out
the enhanced inspections under this section are
nonreimbursable.
(c) Limitation.--The Secretary shall not require an owner or
operator of a project under the jurisdiction of another Federal agency
to carry out corrective or remedial actions in response to an enhanced
inspection carried out under this section.
(d) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000, to
remain available until expended.
(2) Acceptance of funds.--The Secretary may--
(A) accept funds from an owner or operator of aging
infrastructure to carry out an enhanced inspection of
the aging infrastructure under this section; and
(B) use the funds accepted under subparagraph (A)
to carry out an enhanced inspection of the aging
infrastructure pursuant to a contract entered into with
the owner or operator under this section.
SEC. 7. RESERVOIR SEDIMENT MANAGEMENT.
(a) Definition of Sediment Management Plan.--In this section, the
term ``sediment management plan'' means a plan for--
(1) preventing sediment from reducing water storage
capacity at a reservoir; and
(2) increasing water storage capacity through sediment
removal at a reservoir.
(b) Sediment Management Program.--The Secretary shall carry out a
program for the development and implementation of sediment management
plans for reservoirs owned by the Secretary, on request by project
beneficiaries.
(c) Plan Elements.--A sediment management plan under subsection (b)
shall--
(1) provide opportunities for States, project
beneficiaries, and other stakeholders to participate in
sediment management decisions;
(2) evaluate the volume of sediment in a reservoir and
impacts on project purposes, including storage capacity;
(3) identify sediment management options, including
sediment dikes and dredging;
(4) identify constraints;
(5) assess technical feasibility, economic justification,
and environmental impacts;
(6) identify beneficial uses for sediment; and
(7) to the maximum extent practicable, use, develop, and
demonstrate innovative, cost-saving technologies, including
structural and nonstructural technologies and designs, to
manage sediment.
(d) Justification.--In determining the economic justification of a
sediment management plan under subsection (b), the Secretary shall--
(1) measure and include flooding, erosion, and accretion
damages upstream and downstream of the reservoir that are
likely to occur as a result of sediment management within the
reservoir compared to the damages that are likely to occur if
the sediment management plan is not implemented; and
(2) include--
(A) lifecycle costs; and
(B) a 100-year period of analysis.
(e) Prioritization of Sediment Management Plans.--In carrying out
the program under this section, the Secretary shall give priority to
developing and implementing sediment management plans that affect
reservoirs that cross State lines.
(f) Cost Share.--
(1) In general.--The beneficiaries requesting a sediment
management plan shall share in the cost of development and
implementation of the sediment management plan.
(2) Allocation.--There shall be allocated--
(A) among the beneficiaries described in paragraph
(1) the reimbursable costs of developing and
implementing the sediment management plan; and
(B) to the Secretary the nonreimbursable costs of
any other public benefits identified in the sediment
management plan.
(g) Contributed Funds.--The Secretary may accept funds from non-
Federal entities and other Federal agencies to develop and implement a
sediment management plan under this section.
(h) Guidance.--The Secretary shall use the knowledge gained through
the development and implementation of sediment management plans under
subsection (b) to develop guidance for sediment management at other
reservoirs.
(i) Partnership With the Chief of Engineers.--
(1) In general.--The Secretary shall carry out the program
established under this section in partnership with the
Secretary of the Army, acting through the Chief of Engineers,
which shall apply to reservoirs managed or owned by the Corps
of Engineers.
(2) Memorandum of agreement.--For sediment management plans
that apply to a reservoir managed or owned by the Corps of
Engineers under paragraph (1), the Secretary and the Secretary
of the Army shall execute a memorandum of agreement
establishing--
(A) the framework for a partnership; and
(B) the terms and conditions for sharing expertise
and resources.
(3) Payments.--The Secretary may accept and expend funds
from the Secretary of the Army any work under this subsection
at a reservoir managed or owned by Corps of Engineers.
(4) Lead agency.--The Secretary or the Secretary of the
Army, as applicable, based on who has primary jurisdiction over
a reservoir, shall take the lead in developing and implementing
a sediment management plan for the reservoir.
(j) Other Authorities Not Affected.--Nothing in this section
affects--
(1) sediment management; or
(2) the share of costs paid by Federal and non-Federal
entities relating to sediment management under any other
provision of law (including regulations).
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000, to remain
available until expended.
SEC. 8. ELIMINATION OF BUREAU OF RECLAMATION MAINTENANCE BACKLOG.
(a) In General.--The Secretary shall use amounts made available
under subsection (b)--
(1) to carry out activities to reduce or eliminate all
major rehabilitation and replacement needs of the Bureau of
Reclamation, as identified in an Asset Management Report (as
defined in section 8601 of the John D. Dingell, Jr.
Conservation, Management, and Recreation Act (43 U.S.C. 505a));
or
(2) to support the rehabilitation, reconstruction, or
replacement of any dam--
(A) the construction of which began on or after
January 1, 1905;
(B) that was developed pursuant to section 4 of the
Act of August 18, 1894 (commonly known as the ``Carey
Act'') (28 Stat. 422, chapter 301; 43 U.S.C. 641);
(C) that the Governor of the State in which the dam
is located has--
(i) determined reached the useful life of
the dam;
(ii) determined poses significant health
and safety concerns; and
(iii) requested Federal support; and
(D) for which the estimated rehabilitation,
reconstruction, or replacement, engineering, and
permitting costs would exceed $50,000,000.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $5,000,000,000 for the
period of fiscal years 2022 through 2026.
(2) Reimbursement of costs.--Amounts made available to the
Secretary under paragraph (1) for maintenance activities at
reserved works and transferred works identified in the report
described in subsection (a)(1) that are considered to be
reimbursable costs under existing contracts shall be afforded
the repayment terms provided under section 9603 of the Omnibus
Public Land Management Act of 2009 (43 U.S.C. 510b).
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