[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2334 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2334
To direct the Secretary of the Interior to establish a grant program to
provide grants on a competitive basis to eligible entities for large-
scale water recycling and reuse projects, to amend the Omnibus Public
Land Management Act of 2009 to make certain modifications to the
Cooperative Watershed Management Program, to provide emergency drought
funding, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2021
Ms. Cortez Masto (for herself, Mr. Padilla, and Ms. Rosen) introduced
the following bill; which was read twice and referred to the Committee
on Energy and Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to establish a grant program to
provide grants on a competitive basis to eligible entities for large-
scale water recycling and reuse projects, to amend the Omnibus Public
Land Management Act of 2009 to make certain modifications to the
Cooperative Watershed Management Program, to provide emergency drought
funding, 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 ``Large Scale Water Recycling Project
and Drought Resiliency Investment Act''.
SEC. 2. LARGE-SCALE WATER RECYCLING PROJECT INVESTMENT.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State, Indian Tribe, municipality, irrigation
district, water district, wastewater district, or other
organization with water or power delivery authority;
(B) a State, regional, or local authority, the
members of which include 1 or more organizations with
water or power delivery authority; and
(C) an agency established under State law for the
joint exercise of powers or a combination of entities
described in subparagraphs (A) and (B).
(2) Eligible project.--The term ``eligible project'' means
a project described in subsection (c).
(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) Program.--The term ``program'' means the grant program
established under subsection (b).
(5) Reclamation state.--The term ``Reclamation State''
means a State or territory described in the first section of
the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter
1093).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Establishment.--The Secretary shall establish a program to
provide grants to eligible entities on a competitive basis for the
planning, design, and construction of large-scale water recycling and
reclamation projects that provide substantial water supply and other
benefits to drought-stricken regions in the Reclamation States.
(c) Eligible Project.--A project shall be eligible for a grant
under the program if the project--
(1) reclaims and reuses--
(A) municipal, industrial, domestic, or
agricultural wastewater; or
(B) impaired groundwater or surface water;
(2) has a total estimated cost of $500,000,000 or more;
(3) is located in a Reclamation State;
(4) is constructed, operated, and maintained by an eligible
entity; and
(5) provides a Federal benefit in accordance with the
reclamation laws.
(d) Project Evaluation.--The Secretary may provide a grant to an
eligible entity for an eligible project under the program if--
(1) the eligible entity determines through the preparation
of a feasibility study or equivalent study, and the Secretary
concurs, that the eligible project--
(A) is technically and financially feasible;
(B) provides a Federal benefit in accordance with
the reclamation laws; and
(C) is consistent with applicable Federal and State
laws;
(2) the eligible entity has sufficient non-Federal funding
available to complete the eligible project, as determined by
the Secretary;
(3) the eligible entity is financially solvent, as
determined by the Secretary; and
(4) not later than 30 days after the date on which the
Secretary concurs with the determinations under paragraph (1)
with respect to the eligible project, the Secretary submits to
Congress written notice of the determinations.
(e) Priority.--In funding eligible projects under the program, the
Secretary shall give funding priority for eligible projects that meet 1
or more of the following criteria:
(1) The eligible project provides multiple benefits,
including--
(A) water supply reliability benefits for drought-
stricken States and communities;
(B) fish and wildlife benefits; and
(C) water quality improvements.
(2) The eligible project is likely to reduce impacts on
environmental resources from water projects owned or operated
by Federal and State agencies, including through measurable
reductions in water diversions from imperiled ecosystems.
(3) The eligible project would advance water management
plans across a multi-State area, such as drought contingency
plans in the Colorado River Basin.
(4) The eligible project is regional in nature.
(5) The eligible project is collaboratively developed or
supported by multiple stakeholders.
(f) Federal Assistance.--
(1) Federal cost share.--Except as provided in paragraph
(2), the Federal share of the cost of any eligible project
provided a grant under the program shall not exceed 25 percent
of the total cost of the eligible project.
(2) Increased federal cost share for eligible projects with
additional measurable benefits.--The Secretary may increase the
Federal share of the cost of an eligible project under
paragraph (1) to not more that 75 percent of the total costs of
the eligible project, if the eligible project advances at least
a proportionate share of nonreimbursable benefits authorized
under the reclamation laws, including fish and wildlife
benefits provided through measurable reductions in water
diversions from imperiled ecosystems.
(3) Total cap.--The Secretary shall not impose a total
dollar cap on Federal contributions that applies to all
individual eligible projects provided a grant under the
program.
(4) Nonreimbursable funds.--Funds provided by the Secretary
to an eligible entity under the program shall be considered
nonreimbursable.
(5) Funding eligibility.--An eligible project shall not be
considered ineligible for assistance under this section because
the eligible project has received assistance authorized under--
(A) the Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.);
(B) section 4(a) of the Water Desalination Act of
1996 (42 U.S.C. 10301 note; Public Law 104-298) for
eligible desalination projects; or
(C) section 1602(e) of the Reclamation Wastewater
and Groundwater Study and Facilities Act (43 U.S.C.
390h(e)).
(g) Environmental Laws.--In providing a grant for an eligible
project under the program, the Secretary shall comply with all
applicable environmental laws, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(h) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall issue guidance on the implementation of
this section, including guidelines for the preparation of feasibility
studies or equivalent studies by eligible entities.
(i) Congressional Approval.--
(1) In general.--Not later than 60 days before the date on
which a grant is provided for an eligible project under this
section, the Secretary shall notify the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives, in writing, of the
proposed grant.
(2) Requirements.--A notification under paragraph (1) shall
include--
(A) an evaluation and justification for the
eligible project; and
(B) a description of the amount of the proposed
grant award.
(3) Congressional disapproval.--The Secretary shall not
make a grant or any other obligation or commitment to fund an
eligible project under this section that exceeds $100,000,000,
if, by not later than the end of the 60-day period described in
paragraph (1), a joint resolution is enacted disapproving the
funding for the eligible project.
(j) Reports.--
(1) Annual report.--At the end of each fiscal year, the
Secretary shall make available on the website of the Department
of the Interior an annual report that lists each eligible
project for which a grant has been provided under this section
during the fiscal year.
(2) Comptroller general.--
(A) Assessment.--The Comptroller General of the
United States shall conduct an assessment of the
administrative establishment, solicitation, selection,
and justification process with respect to the funding
of grants under this section.
(B) Report.--Not later than 1 year after the date
of the initial award of grants under the program, the
Comptroller General of the United States shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the
House of Representatives a report that describes--
(i) the adequacy and effectiveness of the
process by which each eligible project was
selected, if applicable; and
(ii) the justification and criteria used
for the selection of each eligible project, if
applicable.
(k) Treatment of Conveyance.--The Secretary shall consider the
planning, design, and construction of a conveyance system for an
eligible project to be eligible for grant funding under the program.
(l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000,000 for the period of
fiscal years 2023 through 2027.
SEC. 3. DROUGHT RESILIENCY.
(a) Cooperative Watershed Management Program.--
(1) Definitions.--Section 6001(7) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 1015(7)) is amended--
(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) provides for the conduct of emergency drought
planning; or''.
(2) Funding procedure.--Section 6002(c)(2)(A) of the
Omnibus Public Land Management Act of 2009 (16 U.S.C.
1015a(c)(2)(A)) is amended by inserting ``or emergency drought
plan'' after ``restoration plan'' each place it appears.
(b) Emergency Drought Funding.--
(1) Financial assistance.--
(A) In general.--Financial assistance may be made
available under the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2201 et seq.) for
eligible water projects to assist Western States and
Tribal governments to address drought-related impacts
to water supplies or any other immediate water-related
crisis or conflict, including through voluntary,
temporary, and compensated programs to reduce water
demands for the purpose of increasing water available
in a system or reducing water supply-demand imbalances.
(B) Additional availability.--Financial assistance
may be made available under this paragraph to
organizations and entities that are--
(i) engaged in collaborative processes to
restore the environment; or
(ii) part of a basin-wide solution for
restoration.
(C) Types of assistance.--Assistance under
subparagraph (A) may include a range of projects,
including--
(i) the installation of pumps, temporary
barriers, or operable gates for water diversion
and fish protection;
(ii) the installation of drought-relief
groundwater wells for Indian Tribes and in
wildlife refuges and other environmentally
sensitive areas requiring emergency surface
water flow augmentation;
(iii) the acquisition or assistance in the
acquisition of water from willing sellers,
including on a voluntary, temporary, and
compensated basis, to enhance stream flow for
the benefit of fish and wildlife (including
endangered species), water quality, river
ecosystem restoration, and other beneficial
purposes;
(iv) agricultural and urban conservation
and efficiency projects;
(v) exchanges with any water district
willing to provide water to meet the emergency
water needs of other water districts in return
for the delivery of equivalent quantities of
water later that year or in future years;
(vi) emergency pumping projects for
critical health and safety purposes;
(vii) activities to reduce water demand
consistent with a comprehensive program for
environmental restoration and settlement of
water rights claims; and
(viii) activities that protect, restore, or
enhance fish and wildlife habitat or otherwise
improve environmental conditions, including
water quantity or quality concerns and improved
fish passage.
(D) Authorization of appropriations.--There is
authorized to be appropriated to provide financial
assistance under this paragraph not more than
$50,000,000 for the period of fiscal years 2022 through
2026, of which not more than $20,000,000 shall be made
available during that period for the conduct of actions
authorized under title I of the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2211 et
seq.) to benefit imperiled fish and wildlife.
(2) Applicable period of drought program.--Section 104 of
the Reclamation States Emergency Drought Relief Act of 1991 (43
U.S.C. 2214) is amended by striking subsection (a) and
inserting the following:
``(a) In General.--The programs and authorities established under
this title shall become operative in any Reclamation State and in the
State of Hawaii only--
``(1) after the Governor or Governors of the affected State
or States, or the governing body of an affected Indian Tribe
with respect to a reservation, has made a request for temporary
drought assistance and the Secretary has determined that the
temporary assistance is merited;
``(2) after a drought emergency has been declared by the
Governor or Governors of the affected State or States; or
``(3) on approval of a drought contingency plan as provided
in title II.''.
(3) Reauthorization.--Section 104(c) of the Reclamation
States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c))
is amended by striking ``2021'' and inserting ``2031''.
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