[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 953 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 953
To provide for drought preparedness and improved water supply
reliability.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 24, 2021
Mr. Wyden (for himself and Mr. Merkley) 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.
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
Conservation and Farming Act''.
(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--INFRASTRUCTURE DEVELOPMENT
Sec. 101. Technical amendment to the Water Desalination Act of 1996.
Sec. 102. Bureau of Reclamation Infrastructure Fund.
Sec. 103. Watersmart extension and expansion.
TITLE II--ECOSYSTEM PROTECTION AND RESTORATION
Sec. 201. Waterbird and shorebird habitat creation program.
Sec. 202. Sustaining biodiversity during droughts.
Sec. 203. Reauthorization of Cooperative Watershed Management Program.
Sec. 204. Multibenefit projects to improve watershed health.
Sec. 205. Drought planning and preparedness for critically important
fisheries.
Sec. 206. Reauthorization of the Fisheries Restoration and Irrigation
Mitigation Act of 2000.
SEC. 2. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Bureau of
Reclamation Infrastructure Fund established by section 102(a).
(2) 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).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE I--INFRASTRUCTURE DEVELOPMENT
SEC. 101. TECHNICAL AMENDMENT TO THE WATER DESALINATION ACT OF 1996.
Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301
note; Public Law 104-298) is amended by redesignating the second
paragraph (1) (relating to eligible desalination projects) as paragraph
(2).
SEC. 102. BUREAU OF RECLAMATION INFRASTRUCTURE FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Bureau of Reclamation
Infrastructure Fund'', consisting of--
(1) such amounts as are deposited in the Fund under
subsection (b)(1); and
(2) any interest earned on investment of amounts in the
Fund under subsection (c)(1)(B).
(b) Deposits to Fund.--
(1) In general.--For each of fiscal years 2031 through
2061, the Secretary of the Treasury shall deposit in the Fund
$300,000,000 of the revenues that would otherwise be deposited
for the fiscal year in the reclamation fund established by the
first section of the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), of which--
(A) $100,000,000 shall be expended by the Secretary
for water reclamation and reuse projects authorized
under--
(i) the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C.
390h et seq.); or
(ii) section 4(a)(2) of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note;
Public Law 104-298);
(B) $100,000,000 shall be expended by the Secretary
for grants authorized under section 9504 of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10364);
and
(C) $100,000,000 shall be expended by the Secretary
to perform modifications to preserve the structural
safety of Bureau of Reclamation dams and related
facilities to ensure that Bureau of Reclamation
facilities do not present unreasonable risks to public
safety, property, or the environment, if the
expenditures--
(i) account for not more than 85 percent of
the total costs for any dam safety project; and
(ii) are made in accordance with section 3
of the Reclamation Safety of Dams Act of 1978
(43 U.S.C. 507).
(2) Availability of amounts.--Amounts deposited in the Fund
under paragraph (1) shall--
(A) be made available in accordance with this
section, without further appropriation; and
(B) be in addition to amounts appropriated for the
purposes described in this section under any other
provision of law.
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), for each of
fiscal years 2031 through 2061, the Secretary may expend from
the Fund, in accordance with this section, not more than an
amount equal to the sum of--
(A) the amounts deposited in the Fund for the
applicable fiscal year under subsection (b)(1); and
(B) the amount of interest accrued in the Fund for
the fiscal year in which the expenditures are made.
(2) Additional expenditures.--
(A) In general.--The Secretary may expend more in
any fiscal year than the amounts described in paragraph
(1) if the additional amounts are available in the Fund
as a result of a failure of the Secretary to expend all
of the amounts available under paragraph (1) in 1 or
more prior fiscal years.
(B) Retention in accounts.--Any additional amounts
referred to in subparagraph (A) shall--
(i) accrue interest in accordance with this
section; and
(ii) only be expended for the purposes for
which expenditures from the Fund are
authorized.
SEC. 103. WATERSMART EXTENSION AND EXPANSION.
(a) Water Management Improvement.--Section 9504(a) of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (F), by inserting ``, including
through temporary, voluntary, and compensated
transactions that decrease consumptive water use at a
regional or watershed scale'' after ``imbalances''; and
(B) in subparagraph (J), by striking clause (i) and
inserting the following:
``(i) to increase ecological resilience to
climate change by addressing climate-related
impacts to, or vulnerabilities of, the water
supply of the United States, including by
enhancing natural water storage within a
floodplain or riparian wetland;''; and
(2) in paragraph (3)(B)(i), by striking subclause (II) and
inserting the following:
``(II) to use the assistance
provided under a grant or agreement to
increase the consumptive use of water
for agricultural operations above the
pre-project levels, as determined
pursuant to the law of the State in
which the operation of the eligible
applicant is located.''.
(b) Authorization of Appropriations.--Section 9504 of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10364) is amended by
striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $700,000,000, to remain
available until expended, subject to the condition that $50,000,000 of
that amount shall be used to carry out section 206 of the Energy and
Water Development and Related Agencies Appropriations Act, 2015 (43
U.S.C. 620 note; Public Law 113-235).''.
TITLE II--ECOSYSTEM PROTECTION AND RESTORATION
SEC. 201. WATERBIRD AND SHOREBIRD HABITAT CREATION PROGRAM.
(a) Authorization of Habitat Creation Program.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall establish a program under which the Secretary
shall provide financial assistance to eligible agricultural
producers in Reclamation States, in the form of direct payments
or credits, as applicable, to compensate the eligible
agricultural producers for the creation and maintenance of
waterbird and shorebird habitats.
(2) Limitation on amount of financial assistance.--Not more
than a total of $3,500,000 of financial assistance may be
provided for each fiscal year under paragraph (1).
(3) Conditions.--Financial assistance shall be provided
under paragraph (1) only if the Secretary determines that the
activities receiving the financial assistance would--
(A) create new habitat that would not otherwise be
created; or
(B) maintain existing habitat that would not
otherwise be maintained.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $3,500,000 to carry out this section for
each of fiscal years 2022 through 2027, to remain available until
expended.
(c) Report.--Not later than October 1, 2022, and every 2 years
thereafter, the Secretary shall submit to Congress a report that
describes the environmental performance of activities that are
receiving, or have received, financial assistance under the program
established under subsection (a)(1) during the period covered by the
report.
SEC. 202. SUSTAINING BIODIVERSITY DURING DROUGHTS.
Section 9503(b) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10363(b)) is amended--
(1) in paragraph (3)(D), by inserting ``and native
biodiversity'' after ``wildlife habitat''; and
(2) in paragraph (4)(B), by inserting ``and drought
biodiversity plans to address sustaining native biodiversity
during periods of drought'' after ``restoration plans''.
SEC. 203. REAUTHORIZATION OF COOPERATIVE WATERSHED MANAGEMENT PROGRAM.
Section 6002 of the Omnibus Public Lands Management Act of 1976 (16
U.S.C. 1015a) is amended 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
2021; and
``(2) $40,000,000 for each of fiscal years 2022 through
2026.''.
SEC. 204. MULTIBENEFIT PROJECTS TO IMPROVE WATERSHED HEALTH.
(a) Definition of Eligible Applicant.--In this section, the term
``eligible applicant'' means--
(1) any Reclamation State, Indian Tribe, irrigation
district, water district, or organization with water or power
delivery authority;
(2) any Reclamation State, regional authority, or local
agency or authority; and
(3) any nonprofit conservation organization.
(b) Establishment of Competitive Grant Program.--Not later than 1
year after the date of enactment of this Act, the Secretary, in
consultation with the heads of relevant agencies, shall establish a
competitive grant program under which the Secretary shall award grants
to eligible applicants for the design, implementation, and monitoring
of conservation outcomes of habitat restoration projects that improve
watershed health in a Reclamation State by accomplishing 1 or more of
the following:
(1) Ecosystem benefits.
(2) Restoration of native species beyond existing or
planned measures necessary to comply with Federal or State laws
relating to species recovery.
(3) Mitigation against the impacts of climate change to
fish and wildlife habitats.
(4) Protection against invasive species.
(5) Restoration of aspects of the natural ecosystem.
(6) Enhancement of commercial or recreational fishing.
(7) Enhancement of river-based recreation, such as
kayaking, rafting, and canoeing.
(c) Requirements.--
(1) In general.--In awarding a grant to an eligible
applicant under subsection (b), the Secretary--
(A) shall give priority to an eligible applicant
that would carry out a habitat restoration project that
achieves more than 1 of the benefits described in that
subsection; and
(B) may not provide a grant to carry out a habitat
restoration project, the purpose of which is to meet
existing environmental mitigation or compliance
obligations under Federal or State law.
(2) Compliance.--A habitat restoration project awarded a
grant under subsection (a) shall comply with all applicable
Federal and State laws.
(d) Cost-Sharing Requirement.--The Federal share of the cost of any
habitat restoration project that is awarded a grant under subsection
(b)--
(1) shall not exceed 50 percent of the cost of the habitat
restoration project; or
(2) in the case of a habitat restoration project that
provides benefits to ecological or recreational values in which
the nonconsumptive water conservation benefit or habitat
restoration benefit accounts for at least 75 percent of the
cost of the habitat restoration project, as determined by the
Secretary, shall not exceed 75 percent of the cost of the
habitat restoration project.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000,000 for each of fiscal
years 2022 through 2025.
SEC. 205. DROUGHT PLANNING AND PREPAREDNESS FOR CRITICALLY IMPORTANT
FISHERIES.
(a) Definitions.--In this section:
(1) Critically important fishery.--The term ``critically
important fishery'' means--
(A) a fishery located in a Reclamation State that
is commercially, culturally, or recreationally
important;
(B) a fishery located in a Reclamation State that
contains fish species that are listed as threatened or
endangered pursuant to the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(C) a fishery located in a Reclamation State that
is used by 1 or more Indian Tribes in the Reclamation
State for ceremonial subsistence or commercial
purposes.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(3) 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 activities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(B) has the management and organizational
capability to maximize the benefits of assistance
provided under subsection (c).
(4) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director of the United States Fish and
Wildlife Service.
(b) Drought Plan for Critically Important Fisheries.--
(1) In general.--Not later than January 1, 2022, and every
3 years thereafter, the Secretary, in consultation with the
Director of the National Marine Fisheries Service, the
Commissioner of Reclamation, the Chief of Engineers, applicable
State fish and wildlife agencies, and qualified Tribal
Governments, shall prepare a plan to sustain the survival of
critically important fisheries during future periods of
extended drought through--
(A) voluntary, compensated actions by private
landowners and water right holders; or
(B) other investments in drought preparedness made
by the Secretary.
(2) Considerations.--In preparing the plan under paragraph
(1), the Secretary shall consider--
(A) habitat restoration efforts designed to provide
drought refugia and increased fishery resilience during
droughts;
(B) relocating the release location and timing of
hatchery fish to avoid predation and temperature
impacts;
(C) barging of hatchery release fish to improve
survival and reduce straying;
(D) coordination with water users, the Commissioner
of Reclamation, State fish and wildlife agencies,
qualified Tribal Governments, 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;
(E) hatchery management modifications, such as
expanding hatchery production of fish during periods of
extended drought, if appropriate for a particular river
basin;
(F) hatchery retrofit projects, such as the
installation and operation of filtration equipment and
chillers, to reduce disease outbreak, egg mortality,
and other impacts of droughts in high water
temperatures;
(G) increasing rescue operations of upstream
migrating fish;
(H) 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;
(I) programs to reduce predation losses at
artificially created predation hot spots;
(J) habitat restoration efforts designed to provide
drought refugia and increased fisheries resilience
during droughts; and
(K) retrofitting existing water facilities to
provide improved temperature conditions for fish.
(c) Public Comment.--Before finalizing a plan under subsection (b),
the Secretary shall provide for a public comment period of not less
than 90 days.
(d) Authorization of Appropriations for Fish Recovery Efforts.--
There is authorized to be appropriated to the Secretary to carry out
fish, stream, and hatchery activities relating to fish recovery
efforts, including activities carried out in coordination with the
Director of the National Marine Fisheries Service, the Commissioner of
Reclamation, the Chief of Engineers, applicable State fish and wildlife
agencies, or a qualified Tribal Government, $25,000,000 for fiscal year
2022.
(e) Effect.--Nothing in this section affects any obligation under
any Federal environmental law.
SEC. 206. REAUTHORIZATION OF THE FISHERIES RESTORATION AND IRRIGATION
MITIGATION ACT OF 2000.
(a) Definition of Pacific Drainage Area.--Section 2(1) of the
Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C.
777 note; Public Law 106-502) is amended by inserting ``or a terminal
lake'' before the period at the end.
(b) Authorization of Appropriations.--Section 10(a) of the
Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C.
777 note; Public Law 106-502) is amended by striking ``$15 million
through 2021'' and inserting ``$25,000,000 for each of fiscal years
2022 through 2028''.
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