[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3539 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3539
To authorize the Secretary of the Interior to carry out watershed
pilots, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 1, 2022
Mr. Wyden introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to carry out watershed
pilots, 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 ``Watershed Results Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advance watershed analytics.--The term ``advance
watershed analytics'' means the technical analysis that is--
(A) conducted before making funding available for a
watershed pilot; and
(B) necessary--
(i) to identify specific high-impact
outcome projects across an entire watershed;
(ii) to identify project costs and
implementation feasibility constraints;
(iii) to identify how different groups of
projects impact overall watershed targets; and
(iv) to develop scenarios that--
(I) maximize outcomes; and
(II) are feasible to quickly
implement at scale.
(2) Federal financial source.--The term ``Federal financial
source'' means an award, grant, loan, guarantee, incentive, or
credit enhancement funding available to Federal agencies
participating in watershed pilots.
(3) Fund.--The term ``Fund'' means the Environmental
Outcomes Fund established by the Secretary under section
4(c)(1).
(4) Management team.--The term ``management team'' means
the management team for a watershed pilot designated under
section 3(b)(2).
(5) Outcome.--The term ``outcome'' means--
(A) a quantifiable increase in surface water or
groundwater;
(B) a measurable increase in aquatic habitat
quality or quantity in a watershed affected by the
operation of a Bureau of Reclamation project; or
(C) any other quantifiable benefit identified by
the management team as being desirable in the
applicable watershed.
(6) Pay-for-performance contract.--The term ``pay-for-
performance contract'' means a contract to purchase
successfully implemented outcomes at a negotiated per-unit
price.
(7) Plan.--The term ``plan'' means an actionable
implementation and funding plan developed for a watershed pilot
under section 3(c)(1).
(8) Qualifying project.--The term ``qualifying project''
means a project in a Reclamation State that efficiently
achieves 1 or more outcomes in pursuit of a plan, as
prioritized through advance watershed analytics.
(9) Reclamation state.--The term ``Reclamation State''
means--
(A) a State or territory described in the first
section of the Act of June 17, 1902 (32 Stat. 388,
chapter 1093; 43 U.S.C. 391);
(B) the State of Hawaii; and
(C) the State of Alaska.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) Watershed pilot.--The term ``watershed pilot'' means a
watershed pilot established under section 3(a).
SEC. 3. WATERSHED PILOTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act and subject to subsection (h), the Secretary
shall establish a total of not less than 2 and not more than 5
watershed pilots in a Reclamation State.
(b) Management of Watershed Pilots.--
(1) Management by secretary.--Management and responsibility
for each watershed pilot shall be led by the Secretary.
(2) Management team.--The Secretary shall designate a
management team for the watershed pilot, which shall be
composed of representatives appointed by the Secretary.
(3) Consultation.--In establishing and carrying out a
watershed pilot, the Secretary and the management team shall
consult with--
(A) State, local, and Tribal representatives;
(B) nongovernmental organizations, including water
and irrigation districts;
(C) private sector representatives; and
(D) such other individuals or entities as the
Secretary and the management team determine to be
appropriate.
(c) Plan.--
(1) In general.--Not later than 1 year after the date on
which a watershed pilot is established, the management team for
the applicable watershed pilot shall develop and implement a 5-
year plan for carrying out the watershed pilot.
(2) Requirements.--A plan shall incorporate--
(A) advance watershed analytics to establish
milestones, outcome targets, an implementation plan,
and a timeline for achieving the milestones, targets,
and full implementation;
(B) a coordinated cross-agency funding strategy
that will--
(i) achieve the milestones and outcome
targets established under subparagraph (A) in
an effective and flexible manner by efficiently
and quickly delivering Federal financial
sources to qualifying projects;
(ii) leverage amounts made available under
sections 4(c)(4) and 7 with existing Federal
financial sources;
(iii) use Federal financial sources and
amounts from the Fund to leverage and attract
investments from private or philanthropic
sources to accelerate greater outcomes-based
results; and
(iv) concentrate Federal financial source
commitments from multiple agencies in a
watershed pilot during the period of the
watershed pilot;
(C) annually updated progress tracking against
milestones and targets; and
(D) such other information as the Secretary
determines to be relevant to achieve outcomes on an
accelerated timeline.
(3) Review.--A plan shall be reviewed annually by the
management team.
(d) Notification.--On adoption of each plan, the Secretary shall
submit to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives a
notification that the watershed pilot has been established and the plan
has been adopted.
(e) Disbursement of Funds to Qualifying Projects.--Not later than
30 days after the date on which the Secretary and the management team
for a watershed pilot verify outcomes from the qualifying project, the
Secretary and the management team for the watershed pilot shall
disburse amounts from Federal financial sources, including amounts made
available under sections 4(c)(4) and 7, to a qualifying project,
through pay-for-performance contracts, at agreed upon outcome prices.
(f) Minimum Outcome Prices.--Not later than 1 year after the date
on which a watershed pilot is established, the Secretary and the
management team for the watershed pilot shall set and publish minimum
per-unit outcome prices.
(g) Use of Advance Watershed Analytics.--The Secretary and the
management team for each watershed pilot shall use advance watershed
analytics throughout the planning, implementation, measuring, and
monitoring of outcomes within the watershed pilot.
(h) Authority for Additional Pilots.--The Secretary, following
notification of the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives, shall
approve the establishment of more than 5 watershed pilots under this
section.
SEC. 4. FINANCING AND FUNDING OF WATERSHED PILOTS.
(a) Use of Pay-For-Performance Contracts.--In carrying out a
watershed pilot, the Secretary shall enter into a pay-for-performance
contract to achieve outcome-based goals described in the plan developed
for the watershed pilot.
(b) Flexibility Under Existing Programs.--The Secretary shall
modify, expand, or streamline eligibility and verification criteria for
existing Federal financial sources to maximize flexibility, speed, and
use of Federal funds in the most effective manner to achieve outcomes
under the watershed pilot.
(c) Environmental Outcomes Fund.--
(1) In general.--The Secretary shall establish an
Environmental Outcomes Fund.
(2) Use of fund.--Amounts in the Fund shall only be
expended on pay-for-performance contracts under a watershed
pilot.
(3) Criteria.--Amounts in the Fund shall be expended in
accordance with--
(A) this Act, including the plan developed for the
applicable watershed pilot; and
(B) criteria established by the Secretary and the
management team for the applicable watershed pilot,
which shall include criteria for--
(i) eligibility of qualifying projects;
(ii) types of qualifying projects;
(iii) the timing of the disbursement of
funds; and
(iv) such other matters as the Secretary
and the management team determine to be
appropriate.
(4) Mandatory funding.--
(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, on October 1, 2022, and on
each October 1 thereafter through October 1, 2027, the
Secretary of the Treasury shall transfer to the
Secretary from the reclamation fund established by the
first section of the Act of June 17, 1902 (32 Stat.
388, chapter 1093; 43 U.S.C. 391), $15,000,000 to be
deposited in the Fund.
(B) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall deposit
into the Fund for use in accordance with this
subsection the funds transferred under subparagraph
(A), without further appropriation.
(5) Report to congress.--If a watershed pilot is
established as a permanent program, the Secretary may submit to
Congress recommendations for modifications to funding levels
and a permanent authorization of funding for the permanent
program.
(d) Cost-Share Waiver.--Any otherwise applicable cost-share
requirements for existing Federal financial sources, including under
section 212(a)(1) of the Public Lands Corps Act of 1993 (16 U.S.C.
1729(a)(1)), shall be waived for watershed pilots carried out using
amounts made available under this Act.
SEC. 5. REPORTS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) of the Senate--
(A) the Committee on Appropriations; and
(B) the Committee on Energy and Natural Resources;
and
(2) of the House of Representatives--
(A) the Committee on Appropriations; and
(B) the Committee on Natural Resources.
(b) Annual Reports.--The Secretary shall, not later than the date
on which the budget of the United States Government is submitted by the
President under section 1105 of title 31, United States Code, for each
fiscal year for which the watershed pilot is being carried out, submit
to the appropriate committees of Congress a report describing the
status of each watershed pilot, including progress towards the
milestones described in section 3(c)(2)(A).
(c) 5-Year Report.--Not later than October 1 of the fifth fiscal
year in which a watershed pilot is carried out under section 3, the
Secretary shall submit to the appropriate committees of Congress a
report describing, in accordance with the plan developed for the
applicable watershed pilot--
(1) a summary of--
(A) the projected results of the watershed pilot in
meeting the milestones described in section 3(c)(2)(A);
(B) the projected outcomes of the watershed pilot
described in that section;
(C) the total amount of funds made available under
the watershed pilot;
(D) the type of funding expended under the
watershed pilot; and
(E) such other information as the Secretary
determines to be appropriate; and
(2) recommendations for continuing, terminating, or making
permanent the watershed pilot.
(d) Environmental Outcomes Funds.--
(1) Secretary.--The Secretary, not later than the date on
which the budget of the United States Government is submitted
by the President under section 1105 of title 31, United States
Code, for each fiscal year for which the watershed pilot is
being carried out, submit to the appropriate committees of
Congress a report describing the outcomes achieved using
amounts made available from, management of, and expenditures
from, the Fund.
(2) Inspectors general.--
(A) Audit.--The Inspector General of the Department
of the Interior shall conduct a biannual audit of the
management of, and funding (including expenditures)
relating to, the Fund for the purpose of ensuring
proper and effective use of Federal funding by
evaluating the effectiveness of the watershed pilot in
achieving the plan developed for the watershed pilot,
including an evaluation of the outcomes achieved and
the Federal financial sources used to achieve those
outcomes.
(B) Reports.--The Inspector General of the
Department of the Interior shall, not later than the
date on which the budget of the United States
Government is submitted by the President under section
1105 of title 31, United States Code, for each fiscal
year for which the watershed pilot is being carried
out, submit to the appropriate committees of Congress a
report describing the 2 audits most recently conducted
under subparagraph (A).
SEC. 6. DURATION.
Each watershed pilot shall terminate on the date that is 5 years
after the date on which the notification is submitted under section
3(d) with respect to that watershed pilot.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) for each watershed pilot, $15,000,000 for each of
fiscal years 2022 through 2027, which shall be in addition to
the amounts made available under section 4(c)(4); and
(2) to carry out advance watershed analytics for each
watershed pilot, $2,000,000 for each of fiscal years 2022
through 2024.
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