[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4995 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4995
To provide for the establishment of a Water Project Navigators Program,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 9, 2024
Mr. Hickenlooper (for himself and Mr. Moran) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To provide for the establishment of a Water Project Navigators Program,
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 ``Water Project Navigators Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Disadvantaged community.--Except as otherwise defined
by the Secretary based on current methodologies, the term
``disadvantaged community'' means a community (including a
city, town, county, or reasonably isolated and divisible
segment of a larger municipality) with an annual median income
that is less than the statewide annual median income for the
State in which the community is located, according to the most
recent decennial census.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State, Indian Tribe, acequia, land grant-
merced, local government, water supplier, or municipal
water district located in an eligible State;
(B) any State, regional, or local authority located
in an eligible State, the members of which include 1 or
more organizations with water or power delivery
authority;
(C) a nonprofit conservation organization located
in an eligible State;
(D) an agency located in an eligible State that is
established under State or Tribal law for the joint
exercise of powers; or
(E) a combination of entities described in
subparagraphs (A) through (D).
(3) Eligible state.--The term ``eligible State'' means--
(A) 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);
(B) the State of Alaska;
(C) the State of Hawaii; and
(D) the Commonwealth of Puerto Rico.
(4) 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).
(5) Multi-benefit water project.--The term ``multi-benefit
water project'' means any project in an eligible State that--
(A) enhances the overall resilience of water
supplies to climate-related impacts, including through
activities--
(i) to increase water use efficiency;
(ii) to reduce consumptive use of water;
(iii) to promote system conservation;
(iv) to reduce water supply-demand
imbalances;
(v) to promote water recycling and other
advanced water treatments to augment water
supplies;
(vi) to improve management or delivery of
water resources; or
(vii) to encourage sustainable surface
water or groundwater management; and
(B) provides benefits to communities and
ecosystems, including through activities--
(i) to conserve or enhance fish and
wildlife habitat;
(ii) to improve water quality;
(iii) to improve watershed health and
function;
(iv) to enhance recreational opportunities;
(v) to promote rural economic development;
or
(vi) to address risks to communities and
infrastructure from climate change.
(6) Natural feature.--The term ``natural feature'' means a
feature that is created through the action of physical,
geological, biological, and chemical processes over time.
(7) Nature-based feature.--The term ``nature-based
feature'' means a feature that is created by human design,
engineering, and construction to provide a means to reduce
water supply and demand imbalances or drought or flood risk by
acting in concert with natural processes.
(8) Program.--The term ``Program'' means the Water Project
Navigators Program established under section 3(a).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. WATER PROJECT NAVIGATORS PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program to
support the development and implementation of multi-benefit water
projects within eligible States, to be known as the ``Water Project
Navigators Program''.
(b) Authority.--In carrying out the Program, the Secretary may
award grants or cooperative agreements to eligible entities to support
the creation or continuation of multi-benefit water project navigator
positions.
(c) Criteria and Guidelines.--
(1) In general.--The Secretary shall develop criteria and
guidelines for awarding grants and cooperative agreements under
the Program that consider--
(A) the potential of the eligible entity to
accelerate development and implementation of multi-
benefit water projects within--
(i) the jurisdiction or service area of the
eligible entity; or
(ii) in the case of an eligible entity that
is a nongovernmental applicant, an area in
which the eligible entity has a demonstrated
history of productive engagement with the
community and stakeholders;
(B) any history of development of multi-benefit
water projects by the eligible entity; and
(C) any potential multi-benefit water projects the
eligible entity has not yet implemented due to lack of
capacity.
(2) Prioritization.--The criteria and guidelines developed
under paragraph (1) shall include prioritization criteria for
awarding grants or cooperative agreements, which shall include
prioritizing applications from eligible entities--
(A) that would provide benefits for Indian Tribes,
disadvantaged communities, and other eligible entities
with limited project development resources and
capacity;
(B) that would provide support for local job
creation and retention;
(C) with a demonstrated intent and ability to
incorporate improvements to the condition of a natural
feature or nature-based feature in multi-benefit water
projects designed under the Program;
(D) with demonstrated support from multiple
stakeholders, including Indian Tribes, representatives
of irrigated agricultural production, hydroelectric
production, municipal and industrial water users, local
governments, community-based organizations, and
nonprofit conservation organizations;
(E) that would provide benefits for areas
experiencing severe long-term drought; and
(F) with the capability to work in coordination
with other projects that have been funded under, or
help advance the objectives of, other Department of
Interior programs, including a program authorized
under--
(i) section 9504 of the Omnibus Public Land
Management Act of 2009 (42 U.S.C. 10364);
(ii) section 6002 of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 1015a);
(iii) section 1109 of the Consolidated
Appropriations Act, 2021 (33 U.S.C. 2330c);
(iv) title IX of division D of the
Infrastructure Investment and Jobs Act (43
U.S.C. 3201 et seq.); or
(v) section 50233 of Public Law 117-169
(commonly known as the ``Inflation Reduction
Act of 2022'') (136 Stat. 2053).
(3) Public comment.--Before finalizing the criteria and
guidelines developed under paragraph (1), the Secretary shall
make the criteria and guidelines available for public comment.
(4) Prohibition.--The Secretary may not award a grant or
cooperative agreement under the Program that would fund
activities to meet existing environmental mitigation or
compliance obligations under Federal or State law.
(d) Duties of Navigators.--A multi-benefit water project navigator
funded under the Program shall assist the eligible entity in planning,
developing, and implementing multi-benefit water projects, including--
(1) grant writing;
(2) project management;
(3) technical assistance, such as feasibility, design,
preliminary environmental review, and engineering; and
(4) any other necessary activities.
(e) Duration of Grants and Cooperative Agreements.--
(1) Limitation.--Subject to paragraph (2), a grant or
cooperative agreement under the Program shall be limited to a
period of not more than 3 years.
(2) Continuation and extension.--At the discretion of the
Secretary, the Secretary may issue a continuation grant or
extend a cooperative agreement awarded under the Program for
not more than 2 additional years, with additional funding to be
awarded, as determined to be appropriate by the Secretary, if
the recipient of the grant or cooperative agreement has
demonstrated satisfactory performance with implementation of
the proposal under the initial grant or cooperative agreement,
as determined by the Secretary.
(f) Continuous Enrollment.--The Secretary shall--
(1) make funding opportunities for the Program available on
a regular basis; and
(2) allow applications for grants or cooperative agreements
under the Program to be submitted and evaluated multiple times
per year.
(g) Cost Share.--
(1) In general.--Except as provided in paragraph (3), the
Federal share of the cost of any activity awarded a grant or
cooperative agreement under the Program shall not exceed 75
percent of the cost of the activity carried out under the grant
or cooperative agreement.
(2) Form of non-federal cost share.--The non-Federal share
of the cost of an activity awarded a grant or cooperative
agreement under the Program may be in the form of cash or in-
kind contributions.
(3) Reduction; waiver.--With respect to a grant or
cooperative agreement awarded to an Indian Tribe, acequia, land
grant-merced, disadvantaged community, or any other eligible
entity working in partnership with or on behalf of those
entities, the Secretary may reduce or waive the non-Federal
share of the cost of any activity that is the subject of the
grant or cooperative agreement if the reduction or waiver would
further a compelling Federal interest, as determined by the
Secretary.
(h) Coordination.--In administering the Program, the Secretary
shall coordinate with other Federal, Tribal, State, and local
government technical assistance programs to enhance multi-benefit water
project development.
(i) Compliance.--A multi-benefit water project navigator funded
under the Program shall comply with all applicable Federal and State
laws in carrying out the duties of the multi-benefit water project
navigator under the Program.
(j) Report to Congress.--Not later than 5 years after the date of
enactment of this Act, the Secretary 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--
(1) the ways in which the Program assists the Secretary
in--
(A) reducing basin-wide water supply-demand
imbalances; and
(B) enhancing drought and ecosystem resilience; and
(2) the benefits that the Program provides, including, to
the maximum extent practicable, a quantitative analysis of the
multiple benefits advanced under the Program.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$15,000,000 for each of fiscal years 2024 through 2029, to remain
available until expended.
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