[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2102 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2102
To provide for drought preparedness and improved water supply
reliability.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 21, 2023
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. Bureau of Reclamation Infrastructure Fund.
Sec. 102. 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. Drought planning and preparedness for critically important
fisheries.
Sec. 205. Reauthorization of the Fisheries Restoration and Irrigation
Mitigation Act of 2000.
Sec. 206. Reauthorization of reclamation climate change and water
program.
Sec. 207. Reauthorization of Deschutes River Conservancy Working Group.
SEC. 2. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Bureau of
Reclamation Infrastructure Fund established by section 101(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. 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 2035 through
2065, 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 2035 through 2065, 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. 102. 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(e) of the
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is
amended by striking ``$820,000,000'' and inserting ``$1,000,000,000''.
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 2024 through 2029, to remain available until
expended.
(c) Report.--Not later than October 1, 2025, 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(g) of the Omnibus Public Land Management Act of 2009
(16 U.S.C. 1015a(g)) is amended by striking paragraph (4) and inserting
the following:
``(4) $40,000,000 for each of fiscal years 2024 through
2031.''.
SEC. 204. 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, 2024, 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
2024.
(e) Effect.--Nothing in this section affects any obligation under
any Federal environmental law.
SEC. 205. 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
2024 through 2029''.
SEC. 206. REAUTHORIZATION OF RECLAMATION CLIMATE CHANGE AND WATER
PROGRAM.
Section 9503(f) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10363(f)) is amended by striking ``2023'' and inserting
``2033''.
SEC. 207. REAUTHORIZATION OF DESCHUTES RIVER CONSERVANCY WORKING GROUP.
(a) Definition of Working Group.--Section 301(a) of the Oregon
Resource Conservation Act of 1996 (Public Law 104-208; 110 Stat. 3009-
534; 122 Stat. 836) is amended by striking paragraph (1) and inserting
the following:
``(1) Working group.--The term `Working Group' means the
Deschutes River Conservancy Working Group composed of a board
of directors of not fewer than 10, but not more than 15,
members nominated by the group represented by the member, of
whom--
``(A) 2 members shall be representatives of the
environmental community in the Deschutes River Basin;
``(B) 2 members shall be representatives of the
irrigated agriculture community in the Deschutes River
Basin;
``(C) 2 members shall be representatives of the
Confederated Tribes of the Warm Springs Reservation of
Oregon;
``(D) 1 member shall be a representative of the
hydroelectric production community in the Deschutes
River Basin;
``(E) 1 member shall be a representative of 1 of
the Federal agencies with authority and responsibility
in the Deschutes River Basin;
``(F) 1 member shall be a representative of an
agency of the State of Oregon with authority and
responsibility in the Deschutes River Basin, such as--
``(i) the Oregon Department of Fish and
Wildlife; or
``(ii) the Oregon Water Resources
Department; and
``(G) 1 member shall be a representative of a unit
of local government in the Deschutes River Basin.''.
(b) Reauthorization; Administrative Costs.--Section 301 of the
Oregon Resource Conservation Act of 1996 (Public Law 104-208; 110 Stat.
3009-534; 122 Stat. 836) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``2016'' and
inserting ``2032''; and
(B) in paragraph (6), by striking ``5 percent'' and
inserting ``10 percent''; and
(2) in subsection (h), by striking ``2016'' and inserting
``2032''.
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