[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5439 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5439
To provide for water conservation, drought operations, and drought
resilience at water resources development projects, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 5, 2024
Mr. Kelly (for himself and Mr. Padilla) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To provide for water conservation, drought operations, and drought
resilience at water resources development projects, 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 ``Drought Resilient Infrastructure Act
of 2024''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
SEC. 3. DECLARATION OF POLICY.
(a) In General.--It is the policy of the United States for the
Corps of Engineers, consistent with applicable statutory authorities--
(1) to maximize opportunities for water supply, water
conservation measures, and drought resiliency efforts at and in
the operation of water resources development projects;
(2) in accordance with section 301(a) of the Water Supply
Act of 1958 (43 U.S.C. 390b(a)), to participate and cooperate
with States and local interests in developing water supplies
for domestic, municipal, industrial, and other authorized
purposes in connection with the construction, maintenance, and
operation of water resources development projects; and
(3) in coordination with non-Federal interests, to enable
the adoption of water conservation measures and drought
resiliency measures that are in alignment with the authorized
purposes of water resources development projects.
(b) Full Consideration.--In support of subsection (a), the
Secretary shall give full consideration to requests and proposals from
non-Federal interests to utilize the authorities of the Corps of
Engineers in furtherance of water supply features, water conservation
measures, and drought resiliency efforts that are in alignment the
authorized purposes of water resources development projects.
(c) Limitation.--Nothing in this section--
(1) affects, modifies, or changes--
(A) the authority of a State to manage, use, or
allocate the water resources of that State;
(B) any water right in existence on the date of
enactment of this Act;
(C) any existing water supply agreements between
the Secretary and a non-Federal interest;
(D) the authorized purposes of a water resources
development project; or
(E) any existing Corps of Engineers authorities;
(2) preempts or affects any State water law or interstate
compact governing water;
(3) diminishes the other priorities and the primary or
secondary missions of the Corps of Engineers; or
(4) shall be interpreted to supersede or modify any written
agreement between the Federal Government and a non-Federal
interest that is in effect on the date of enactment of this
Act.
SEC. 4. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) In General.--In updating a water control manual for any
reservoir constructed, owned, or operated by the Secretary, including a
reservoir for which the Secretary is authorized to prescribe
regulations for the use of storage allocated for flood control or
navigation pursuant to section 7 of the Act of December 22, 1944
(commonly known as the ``Flood Control Act of 1944'') (58 Stat. 890,
chapter 665; 33 U.S.C. 709), the Secretary shall, to the maximum extent
practicable, incorporate the use of forecast-informed reservoir
operations, subject to the availability of appropriations.
(b) Guidelines.--The Secretary, in coordination with relevant
Federal and State agencies and non-Federal interests, shall issue clear
and concise guidelines for incorporating the use of forecast-informed
reservoir operations into water control manuals for reservoirs
described in subsection (a).
(c) Assessment.--
(1) Requirement.--The Secretary shall carry out an
assessment of geographically diverse reservoirs described in
subsection (a) to determine the viability of using forecast-
informed reservoir operations at such reservoirs.
(2) Priority areas.--In carrying out the assessment
described in paragraph (1), the Secretary shall include an
assessment of--
(A) each reservoir located in the South Pacific
Division of the Corps of Engineers; and
(B) reservoirs located in each of the Northwestern
Division and the South Atlantic Division of the Corps
of Engineers.
(3) Consultation.--In carrying out this subsection, the
Secretary shall consult with relevant Federal and State
agencies and non-Federal interests.
(d) Savings Provision.--Nothing in this section preempts or affects
any State water law or any interstate compact governing water, or
otherwise restricts, affects, or amends any other law or the authority
of any department, instrumentality, or agency of the United States
related to the operation of reservoirs described in subsection (a).
SEC. 5. UPDATES TO CERTAIN WATER CONTROL MANUALS.
Section 8109 of the Water Resources Development Act of 2022 (136
Stat. 3702) is amended by inserting ``or that incorporate the use of
forecast-informed reservoir operations into such manuals'' before the
period at the end.
SEC. 6. EMERGENCY DROUGHT OPERATIONS PILOT PROGRAM.
(a) Definition of Covered Project.--In this section, the term
``covered project'' means a project--
(1) that is located in the State of California, the State
of Nevada, or the State of Arizona; and
(2)(A) of the Corps of Engineers for which water supply is
an authorized purpose; or
(B) for which the Secretary develops a water control manual
under section 7 of the Act of December 22, 1944 (commonly known
as the ``Flood Control Act of 1944'') (58 Stat. 890, chapter
665; 33 U.S.C. 709).
(b) Emergency Operation During Drought.--Consistent with other
authorized project purposes and in coordination with the non-Federal
interest, in operating a covered project during a drought emergency in
the project area, the Secretary may carry out a pilot program to
operate the covered project with water supply as the primary project
purpose.
(c) Updates.--In carrying out this section, the Secretary may
update the water control manual for a covered project to include
drought operations and contingency plans.
(d) Requirements.--In carrying out subsection (b), the Secretary
shall ensure that--
(1) operations described in that subsection--
(A) are consistent with water management deviations
and drought contingency plans in the water control
manual for the covered project;
(B) impact only the flood pool managed by the
Secretary; and
(C) shall not be carried out in the event of a
forecast or anticipated flood or weather event that
would require flood risk management to take precedence;
(2) to the maximum extent practicable, the Secretary uses
forecast-informed reservoir operations; and
(3) the covered project returns to the operations that were
in place prior to the use of the authority provided under that
subsection at a time determined by the Secretary, in
coordination with the non-Federal interest.
(e) Contributed Funds.--The Secretary may receive and expend funds
contributed by a non-Federal interest to carry out activities under
this section.
(f) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the pilot program carried out under
this section.
(2) Inclusions.--The Secretary shall include in the report
under paragraph (1) a description of the activities of the
Secretary that were carried out for each covered project and
any lessons learned from carrying out those activities.
(g) Limitations.--Nothing in this section--
(1) affects, modifies, or changes the authorized purposes
of a covered project;
(2) affects existing Corps of Engineers authorities,
including authorities with respect to navigation, hydropower,
flood damage reduction, and environmental protection and
restoration;
(3) affects the ability of the Corps of Engineers to
provide for temporary deviations;
(4) affects the application of a cost-share requirement
under section 101, 102, or 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211, 2212, 2213);
(5) supersedes or modifies any written agreement between
the Federal Government and a non-Federal interest that is in
effect on the date of enactment of this Act;
(6) supersedes or modifies any amendment to an existing
multistate water control plan for the Colorado River Basin, if
applicable;
(7) affects any water right in existence on the date of
enactment of this Act;
(8) preempts or affects any State water law or interstate
compact governing water;
(9) affects existing water supply agreements between the
Secretary and a non-Federal interest; or
(10) affects any obligation to comply with the provisions
of any Federal or State environmental law, including--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
(C) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 7. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED WATER SUPPLY.
Section 1118(i) of Water Resources Development Act of 2016 (43
U.S.C. 390b-2(i)) is amended by striking paragraph (2) and inserting
the following:
``(2) Contributed funds for other federal reservoir
projects.--
``(A) In general.--The Secretary is authorized to
receive and expend funds from a non-Federal interest or
a Federal agency that owns a Federal reservoir project
described in subparagraph (B) to formulate, review, or
revise operational documents pursuant to a proposal
submitted in accordance with subsection (a) for such a
Federal reservoir project.
``(B) Federal reservoir projects described.--A
Federal reservoir project referred to in subparagraph
(A) is a reservoir for which the Secretary is
authorized to prescribe regulations for the use of
storage allocated for flood control or navigation
pursuant to section 7 of the Act of December 22, 1944
(commonly known as the `Flood Control Act of 1944') (58
Stat. 890, chapter 665; 33 U.S.C. 709).''.
SEC. 8. STUDIES FOR MODIFICATION OF PROJECT PURPOSES IN THE COLORADO
RIVER BASIN IN ARIZONA.
(a) Study.--The Secretary shall carry out a study of a project of
the Corps of Engineers in the Colorado River Basin in the State of
Arizona to determine whether to include water supply as a project
purpose of that project if a request for such a study to modify the
project purpose is made to the Secretary by--
(1) the non-Federal interest for the project; or
(2) in the case of a project for which there is no non-
Federal interest, the Governor of the State of Arizona.
(b) Coordination.--The Secretary, to the maximum extent
practicable, shall coordinate with relevant State and local authorities
in carrying out this section.
(c) Recommendations.--If, after carrying out a study under
subsection (a) with respect to a project described in that subsection,
the Secretary determines that water supply should be included as a
project purpose for that project, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a recommendation for the modification of the project
purpose of that project.
SEC. 9. INVASIVE SPECIES THAT EXACERBATE DROUGHT.
Section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330) is amended--
(1) in subsection (a), by adding at the end the following:
``(4) Drought resilience.--A project under this section may
include measures that enhance drought resilience through the
restoration of wetlands or the removal of invasive species.'';
(2) in subsection (b), by adding at the end the following:
``(3) Anadromous fish.--Notwithstanding paragraph (1), for
projects carried out under subsection (a)(3), the non-Federal
interest shall provide 15 percent of the cost of construction,
including provision of all lands, easements, rights-of-way, and
necessary relocations.'';
(3) in subsection (d), by striking ``$10,000,000'' and
inserting ``$15,000,000''; and
(4) in subsection (f), by striking ``$62,500,000'' and
inserting ``$75,000,000''.
SEC. 10. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT OR
DROUGHT RESILIENCY.
Section 1135 of the Water Resources Development Act of 1986 (33
U.S.C. 2309a) is amended--
(1) in the section heading, by inserting ``or Drought
Resiliency'' after ``Environment'';
(2) in subsection (a)--
(A) by striking ``for the purpose of improving''
and inserting the following: ``for the purpose of--
``(1) improving'';
(B) in paragraph (1) (as so designated), by
striking the period at the end and inserting ``; or'';
and
(C) by adding at the end the following:
``(2) providing drought resiliency.'';
(3) in subsection (b), by striking ``(2) will improve'' and
inserting ``(2) will provide for drought resilience or will
improve'';
(4) in subsection (d), in the third sentence, by striking
``$10,000,000'' and inserting ``$15,000,000'';
(5) in subsection (h), by striking ``$50,000,000'' and
inserting ``$62,000,000''; and
(6) by adding at the end the following:
``(j) Drought Resilience.--Drought resilience measures carried out
under this section may include--
``(1) water conservation measures to mitigate and address
drought conditions;
``(2) removal of sediment captured behind a dam for the
purpose of restoring or increasing the authorized storage
capacity of the project concerned;
``(3) the planting of native plant species that will reduce
the risk of drought and the incidence of nonnative species; and
``(4) other actions that increase drought resilience, water
conservation, or water availability.''.
SEC. 11. SILVER JACKETS PROGRAM.
The Secretary shall continue the Silver Jackets program established
by the Secretary pursuant to section 206 of the Flood Control Act of
1960 (33 U.S.C. 709a) and section 204 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5134).
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