[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2156 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2156

To authorize and facilitate the improvement of water management by the 
Bureau of Reclamation, to require the Secretary of the Interior and the 
 Secretary of Energy to increase the acquisition and analysis of water-
 related data to assess the long-term availability of water resources 
for irrigation, hydroelectric power, municipal, and environmental uses, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2007

Mr. Bingaman (for himself, Mr. Domenici, Ms. Cantwell, and Mr. Johnson) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To authorize and facilitate the improvement of water management by the 
Bureau of Reclamation, to require the Secretary of the Interior and the 
 Secretary of Energy to increase the acquisition and analysis of water-
 related data to assess the long-term availability of water resources 
for irrigation, hydroelectric power, municipal, and environmental uses, 
                        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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Science and 
Engineering to Comprehensively Understand and Responsibly Enhance Water 
Act'' or the ``SECURE Water Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Climate change adaptation program.
Sec. 5. Water management improvement.
Sec. 6. Hydroelectric power assessment.
Sec. 7. Climate change and water intragovernmental panel.
Sec. 8. Water data enhancement by United States Geological Survey.
Sec. 9. Water use and availability assessment program.
Sec. 10. Effect.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) adequate and safe supplies of water are fundamental to 
        the health, economy, security, and ecology of the United 
        States;
            (2) systematic data-gathering with respect to, and research 
        and development of, the water resources of the United States 
        will help ensure the continued existence of sufficient 
        quantities of water to support--
                    (A) increasing populations;
                    (B) economic growth;
                    (C) irrigated agriculture;
                    (D) energy production; and
                    (E) the protection of aquatic ecosystems;
            (3) global climate change poses a significant challenge to 
        the protection and use of the water resources of the United 
        States due to an increased uncertainty with respect to the 
        timing, form, and geographical distribution of precipitation, 
        which may have a substantial effect on the supplies of water 
        for agricultural, hydroelectric power, industrial, domestic 
        supply, and environmental needs;
            (4) although States bear the primary responsibility and 
        authority for managing the water resources of the United 
        States, the Federal Government should support the States, as 
        well as regional, local, and tribal governments, by carrying 
        out--
                    (A) nationwide data collection and monitoring 
                activities;
                    (B) relevant research; and
                    (C) activities to increase the efficiency of the 
                use of water in the United States;
            (5) Federal agencies that conduct water management and 
        related activities have a responsibility--
                    (A) to take a lead role in assessing risks to the 
                water resources of the United States (including risks 
                posed by global climate change); and
                    (B) to develop strategies--
                            (i) to mitigate the potential impacts of 
                        each risk described in subparagraph (A); and
                            (ii) to help ensure that the long-term 
                        water resources management of the United States 
                        is sustainable and will ensure sustainable 
                        quantities of water;
            (6) it is critical to continue and expand research and 
        monitoring efforts--
                    (A) to improve the understanding of the variability 
                of the water cycle; and
                    (B) to provide basic information necessary--
                            (i) to manage and efficiently use the water 
                        resources of the United States; and
                            (ii) to identify new supplies of water that 
                        are capable of being reclaimed; and
            (7) the study of water use is vital--
                    (A) to the understanding of the impacts of human 
                activity on water and ecological resources; and
                    (B) to the assessment of whether available surface 
                and groundwater supplies will be available to meet the 
                future needs of the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Advisory committee.--The term ``Advisory Committee'' 
        means the National Advisory Committee on Water Information 
        established--
                    (A) under the Office of Management and Budget 
                Circular 92-01; and
                    (B) to coordinate water data collection activities.
            (3) Assessment program.--The term ``assessment program'' 
        means the water availability and use assessment program 
        established by the Secretary under section 9(a).
            (4) Climate division.--The term ``climate division'' means 
        1 of the 359 divisions in the United States that represents 2 
        or more regions located within a State that are as climatically 
        homogeneous as possible, as determined by the Administrator.
            (5) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Reclamation.
            (6) Director.--The term ``Director'' means the Director of 
        the United States Geological Survey.
            (7) Eligible applicant.--The term ``eligible applicant'' 
        means any State, Indian tribe, irrigation district, water 
        district, or other organization with water delivery authority.
            (8) Federal power marketing administration.--The term 
        ``Federal Power Marketing Administration'' means--
                    (A) the Bonneville Power Administration;
                    (B) the Southeastern Power Administration;
                    (C) the Southwestern Power Administration; and
                    (D) the Western Area Power Administration.
            (9) Hydrologic accounting unit.--The term ``hydrologic 
        accounting unit'' means 1 of the 352 river basin hydrologic 
        accounting units used by the United States Geological Survey.
            (10) 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. 450b).
            (11) Major aquifer system.--The term ``major aquifer 
        system'' means a groundwater system that is--
                    (A) identified as a significant groundwater system 
                by the Director; and
                    (B) included in the Groundwater Atlas of the United 
                States, published by the United States Geological 
                Survey.
            (12) Major reclamation river basin.--
                    (A) In general.--The term ``major reclamation river 
                basin'' means each major river system (including 
                tributaries)--
                            (i) that is located in a service area of 
                        the Bureau of Reclamation; and
                            (ii) at which is located a federally 
                        authorized project of the Bureau of 
                        Reclamation.
                    (B) Inclusions.--The term ``major reclamation river 
                basin'' includes--
                            (i) the Colorado River;
                            (ii) the Columbia River;
                            (iii) the Klamath River;
                            (iv) the Missouri River;
                            (v) the Rio Grande;
                            (vi) the Sacramento River;
                            (vii) the San Joaquin River; and
                            (viii) the Truckee River.
            (13) Non-federal participant.--The term ``non-Federal 
        participant'' means--
                    (A) a State, regional, or local authority;
                    (B) an Indian tribe or tribal organization; or
                    (C) any other qualifying entity, such as a water 
                conservation district, water conservancy district, or 
                rural water district or association, or a 
                nongovernmental organization.
            (14) Panel.--The term ``panel'' means the climate change 
        and water intragovernmental panel established by the Secretary 
        under section 7(a).
            (15) Program.--The term ``program'' means the regional 
        integrated sciences and assessments program--
                    (A) established by the Administrator; and
                    (B) that is comprised of 8 regional programs that 
                use advances in integrated climate sciences to assist 
                decisionmaking processes.
            (16) Secretary.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``Secretary'' means the Secretary of the 
                Interior.
                    (B) Exceptions.--The term ``Secretary'' means--
                            (i) in the case of section 4, the Secretary 
                        of the Interior (acting through the 
                        Commissioner); and
                            (ii) in the case of sections 8 and 9, the 
                        Secretary of the Interior (acting through the 
                        Director).
            (17) Service area.--The term ``service area'' means any 
        area that encompasses a watershed that contains a federally 
        authorized reclamation project that is located in any State or 
        area described in the first section of the Act of June 17, 1902 
        (43 U.S.C. 391).

SEC. 4. CLIMATE CHANGE ADAPTATION PROGRAM.

    (a) In General.--The Secretary shall establish a climate change 
adaptation program--
            (1) to assess each effect of, and risk resulting from, 
        global climate change with respect to the quantity of water 
        resources located in a service area; and
            (2) to ensure, to the maximum extent possible, that 
        strategies are developed to address potential water shortages, 
        conflicts, and other impacts to water users located at, and the 
        environment of, each service area.
    (b) Required Elements.--In carrying out the program described in 
subsection (a), the Secretary shall--
            (1) consult with the United States Geological Survey, the 
        National Oceanic and Atmospheric Administration, the program, 
        and each appropriate State water resource agency, to ensure 
        that the Secretary has access to the best available scientific 
        information with respect to presently observed and projected 
        future impacts of global climate change on water resources;
            (2) assess specific risks to the water supply of each major 
        reclamation river basin, including any risk relating to--
                    (A) a change in snowpack;
                    (B) the timing of runoff; and
                    (C) any increase in--
                            (i) the demand for water as a result of 
                        increasing temperatures; and
                            (ii) the rate of reservoir evaporation;
            (3) with respect to each major reclamation river basin, 
        analyze the extent to which changes in the water supply of the 
        United States will impact--
                    (A) the ability of the Secretary to deliver water 
                to the contractors of the Secretary;
                    (B) hydroelectric power generation facilities;
                    (C) recreation at reclamation facilities;
                    (D) fish and wildlife habitat;
                    (E) applicable species listed as an endangered, 
                threatened, or candidate species under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.); and
                    (F) water quality issues (including salinity levels 
                of each major reclamation river basin);
            (4) in consultation with appropriate non-Federal 
        participants, consider and develop appropriate strategies to 
        mitigate each impact of water supply changes analyzed by the 
        Secretary under paragraph (3), including strategies relating 
        to--
                    (A) the modification of any reservoir storage or 
                operating guideline in existence as of the date of 
                enactment of this Act;
                    (B) the development of new water management, 
                operating, or habitat restoration plans;
                    (C) water conservation;
                    (D) improved hydrologic models and other decision 
                support systems; and
                    (E) groundwater and surface water storage needs; 
                and
            (5) in consultation with the Director, the Administrator, 
        the Secretary of Agriculture (acting through the Chief of the 
        Natural Resources Conservation Service), and applicable State 
        water resource agencies, develop a monitoring plan to acquire 
        and maintain water resources data--
                    (A) to strengthen the understanding of water supply 
                trends; and
                    (B) to assist in each assessment and analysis 
                conducted by the Secretary under paragraphs (2) and 
                (3).
    (c) Reporting.--Not later than 1 year after the date of enactment 
of this Act, and every 5 years thereafter, the Secretary shall submit 
to the appropriate committees of Congress a report that describes--
            (1) each effect of, and risk resulting from, global climate 
        change with respect to the quantity of water resources located 
        in each major reclamation river basin;
            (2) the impact of global climate change with respect to the 
        operations of the Secretary in each major reclamation river 
        basin;
            (3) each mitigation and adaptation strategy considered and 
        implemented by the Secretary to address each effect of global 
        climate change described in paragraph (1);
            (4) each coordination activity conducted by the Secretary 
        with--
                    (A) the Director;
                    (B) the Administrator;
                    (C) the Secretary of Agriculture (acting through 
                the Chief of the Natural Resources Conservation 
                Service); or
                    (D) any appropriate State water resource agency; 
                and
            (5) the implementation by the Secretary of the monitoring 
        plan developed under subsection (b)(5).
    (d) Feasibility Studies.--
            (1) Authority of secretary.--The Secretary, in cooperation 
        with any non-Federal participant, may conduct 1 or more studies 
        to determine the feasibility of implementing each mitigation 
        and adaptation strategy described in subsection (c)(3), 
        including the construction of any water supply, water 
        management, environmental, or habitat enhancement water 
        infrastructure that the Secretary determines to be necessary to 
        address the effects of global climate change on water resources 
        located in each major reclamation river basin.
            (2) Cost sharing.--
                    (A) Federal share.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Federal share of the cost of a 
                        study described in paragraph (1) shall not 
                        exceed 50 percent of the cost of the study.
                            (ii) Exception relating to financial 
                        hardship.--The Secretary may increase the 
                        Federal share of the cost of a study described 
                        in paragraph (1) to exceed 50 percent of the 
                        cost of the study if the Secretary determines 
                        that, due to a financial hardship, the non-
                        Federal participant of the study is unable to 
                        contribute an amount equal to 50 percent of the 
                        cost of the study.
                    (B) Non-federal share.--The non-Federal share of 
                the cost of a study described in paragraph (1) may be 
                provided in the form of any in-kind services that 
                substantially contribute toward the completion of the 
                study, as determined by the Secretary.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2008 through 2022, to remain available until 
expended.

SEC. 5. WATER MANAGEMENT IMPROVEMENT.

    (a) Authorization of Grants and Cooperative Agreements.--
            (1) Authority of secretary.--The Secretary may provide any 
        grant to, or enter into any cooperative agreement with, any 
        eligible applicant to assist the eligible applicant in 
        planning, designing, or constructing any improvement--
                    (A) to conserve water;
                    (B) to increase water use efficiency;
                    (C) to facilitate water markets;
                    (D) to enhance water management; or
                    (E) to carry out any other activity--
                            (i) to address any climate-related impact 
                        to the water supply of the United States; or
                            (ii) to prevent any water-related crisis or 
                        conflict at any watershed that has a nexus to a 
                        Federal reclamation project located in a 
                        service area.
            (2) Application.--To be eligible to receive a grant, or 
        enter into a cooperative agreement with the Secretary under 
        paragraph (1), an eligible applicant shall submit to the 
        Secretary an application that includes a proposal of the 
        improvement to be planned, designed, constructed, or 
        implemented by the eligible applicant.
            (3) Requirements of grants and cooperative agreements.--
                    (A) Compliance with requirements.--Each grant and 
                cooperative agreement entered into by the Secretary 
                with any eligible applicant under paragraph (1) shall 
                be in compliance with each requirement described in 
                subparagraphs (B) through (F).
                    (B) Certain improvements or activities relating to 
                agricultural operations.--In carrying out paragraph 
                (1), the Secretary shall not provide a grant to, or 
                enter into a cooperative agreement with, an eligible 
                applicant to provide financial assistance for an 
                improvement to conserve water with respect to an 
                agricultural operation unless the Secretary first 
                determines that the improvement will result in a net 
                savings in groundwater or surface water resources in 
                the agricultural operation of the eligible applicant.
                    (C) Nonreimbursable funds.--Any funds provided by 
                the Secretary to an eligible applicant through a grant 
                or cooperative agreement under paragraph (1) shall be 
                nonreimbursable.
                    (D) Title to improvements.--If an infrastructure 
                improvement to a facility under the jurisdiction of a 
                Federal agency is the subject of a grant or a 
                cooperative agreement entered into between the 
                Secretary and an eligible applicant under paragraph 
                (1), the Federal Government shall hold title to the 
                improvement of the facility.
                    (E) Cost sharing.--
                            (i) Federal share.--The Federal share of 
                        the cost of any infrastructure improvement or 
                        activity that is the subject of a grant or a 
                        cooperative agreement entered into between the 
                        Secretary and an eligible applicant under 
                        paragraph (1) shall not exceed 50 percent of 
                        the cost of the infrastructure improvement or 
                        activity.
                            (ii) Calculation of non-federal share.--In 
                        calculating the non-Federal share of the cost 
                        of an infrastructure improvement or activity 
                        proposed by an eligible applicant through an 
                        application submitted by the eligible applicant 
                        under paragraph (2), the Secretary shall--
                                    (I) consider the value of any in-
                                kind services that substantially 
                                contributes toward the completion of 
                                the improvement or activity, as 
                                determined by the Secretary; and
                                    (II) not consider any other amount 
                                that the eligible applicant receives 
                                from a Federal agency.
                            (iii) Maximum amount.--The amount provided 
                        to an eligible applicant through a grant or 
                        cooperative agreement under paragraph (1) shall 
                        be not more than $5,000,000.
                            (iv) Operation and maintenance costs.--The 
                        non-Federal share of the cost of operating and 
                        maintaining any infrastructure improvement that 
                        is the subject of a grant or a cooperative 
                        agreement entered into between the Secretary 
                        and an eligible applicant under paragraph (1) 
                        shall be 100 percent.
                    (F) Liability.--
                            (i) In general.--Except as provided in 
                        clause (ii), the United States shall not be 
                        liable for monetary damages of any kind for any 
                        injury arising out of an act, omission, or 
                        occurrence that arises in relation to any 
                        facility created or improved under this 
                        section, the title of which is not held by the 
                        United States.
                            (ii) Exception.--Clause (i) shall not apply 
                        to liability for monetary damages resulting 
                        from an injury caused by any act of negligence 
                        committed by the United States (or by any 
                        officer, employee, or agent of the United 
                        States) that arises in relation to any facility 
                        created or improved under this section, the 
                        title of which is not held by the United 
                        States.
                            (iii) Tort claims act.--Nothing in this 
                        section increases the liability of the United 
                        States beyond that provided in chapter 171 of 
                        title 28, United States Code.
    (b) Research Agreements.--
            (1) Authority of secretary.--The Secretary may enter into 1 
        or more cooperative agreements with any university, nonprofit 
        research institution, or organization with water or power 
        delivery authority to fund any research activity that is 
        designed--
                    (A) to conserve water resources;
                    (B) to increase the efficiency of the use of water 
                resources; or
                    (C) to enhance the management of water resources.
            (2) Terms and conditions of secretary.--A cooperative 
        agreement entered into between the Secretary and any 
        university, institution, or organization described in paragraph 
        (1) shall be subject to such terms and conditions as the 
        Secretary determines to be appropriate.
    (c) Mutual Benefit.--Grants or cooperative agreements made under 
this section may be for the mutual benefit of the United States and the 
entity that is provided the grant or enters into the cooperative 
agreement.
    (d) Relationship to Project-Specific Authority.--This section shall 
not supersede any existing project-specific funding authority.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000, to remain 
available until expended.

SEC. 6. HYDROELECTRIC POWER ASSESSMENT.

    (a) Duty of Secretary of Energy.--The Secretary of Energy, in 
consultation with the Administrator of each Federal Power Marketing 
Administration, shall assess each effect of, and risk resulting from, 
global climate change with respect to water supplies that are required 
for the generation of hydroelectric power at each Federal water project 
that is applicable to a Federal Power Marketing Administration.
    (b) Access to Appropriate Data.--
            (1) In general.--In carrying out each assessment under 
        subsection (a), the Secretary of Energy shall consult with the 
        United States Geological Survey, the National Oceanic and 
        Atmospheric Administration, the program, and each appropriate 
        State water resource agency, to ensure that the Secretary of 
        Energy has access to the best available scientific information 
        with respect to presently observed impacts and projected future 
        impacts of global climate change on water supplies that are 
        used to produce hydroelectric power.
            (2) Access to data for certain assessments.--In carrying 
        out each assessment under subsection (a), with respect to the 
        Bonneville Power Administration and the Western Area Power 
        Administration, the Secretary of Energy shall consult with the 
        Commissioner to access data and other information that--
                    (A) is collected by the Commissioner; and
                    (B) the Secretary of Energy determines to be 
                necessary for the conduct of the assessment.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, and every 5 years thereafter, the Secretary of Energy shall 
submit to the appropriate committees of Congress a report that 
describes--
            (1) each effect of, and risk resulting from, global climate 
        change with respect to--
                    (A) water supplies used for hydroelectric power 
                generation; and
                    (B) power supplies marketed by each Federal Power 
                Marketing Administration, pursuant to--
                            (i) long-term power contracts;
                            (ii) contingent capacity contracts; and
                            (iii) short-term sales; and
            (2) each recommendation of the Administrator of each 
        Federal Power Marketing Administration relating to any change 
        in any operation or contracting practice of each Federal Power 
        Marketing Administration to address each effect and risk 
        described in paragraph (1), including the use of purchased 
        power to meet long-term commitments of each Federal Power 
        Marketing Administration.
    (d) Costs Nonreimbursable.--Any costs incurred by the Secretary of 
Energy in carrying out this section shall be nonreimbursable.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2008 through 2022, to remain available until 
expended.

SEC. 7. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL PANEL.

    (a) Establishment.--The Secretary shall establish and lead a 
climate change and water intragovernmental panel--
            (1) to review the current scientific understanding of each 
        impact of global climate change on the water resources of the 
        United States; and
            (2) to develop any strategy that the panel determines to be 
        necessary to improve observational capabilities and expand data 
        acquisition to increase the reliability and accuracy of 
        modeling and prediction systems to benefit water managers at 
        the Federal, State, and local levels.
    (b) Membership.--The panel shall be comprised of--
            (1) the Secretary;
            (2) the Director;
            (3) the Administrator;
            (4) the Secretary of Agriculture (acting through the Chief 
        of the Natural Resources Conservation Service);
            (5) the Commissioner; and
            (6) the Chief of Engineers.
    (c) Review Elements.--In conducting the review and developing the 
strategy under subsection (a), the panel shall consult with State water 
resource agencies, the Advisory Committee, and relevant water user, 
environmental, and other nongovernmental organizations--
            (1) to assess the extent to which the conduct of measures 
        of streamflow, groundwater levels, soil moisture, 
        evapotranspiration rates, evaporation rates, snowpack levels, 
        precipitation amounts, and glacier mass is necessary to improve 
        the understanding of the Federal Government and the States with 
        respect to each impact of global climate change on water 
        resources;
            (2) to identify data gaps in current water monitoring 
        networks that must be addressed to improve the capability of 
        the Federal Government and the States to measure, analyze, and 
        predict changes to water resources that are directly or 
        indirectly affected by global climate change;
            (3) to establish data management and communication 
        protocols and standards to increase the quality and efficiency 
        by which each Federal agency acquires and reports relevant 
        data;
            (4) to consider options for the establishment of a data 
        portal to enhance access to water resource data--
                    (A) relating to each nationally significant 
                watershed and aquifer located in the United States; and
                    (B) that is collected by each Federal agency and 
                any other public or private entity for each nationally 
                significant watershed and aquifer located in the United 
                States;
            (5) to expand, and integrate each initiative of the panel 
        with, to the maximum extent possible, any interagency 
        initiative in existence as of the date of enactment of this 
        Act, including--
                    (A) the national integrated drought information 
                system of the National Oceanic and Atmospheric 
                Administration; and
                    (B) the advanced hydrologic prediction service of 
                the National Weather Service;
            (6) to facilitate the development of hydrologic models to 
        integrate data that reflects groundwater and surface water 
        interactions;
            (7) to apply the hydrologic models developed under 
        paragraph (6) to water resource management problems identified 
        by the panel; and
            (8) to consider the need for, and the development of, 
        mechanisms to effectively combine global climate models, 
        regional climate models, and hydrologic models to produce water 
        resource information to assist water managers at the Federal, 
        State, and local levels in the development of adaptation 
        strategies that can be incorporated into long-term water 
        management decisions.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the appropriate committees of 
Congress a report that describes the review conducted, and the strategy 
developed, by the panel under subsection (a).
    (e) Demonstration, Research, and Methodology Development 
Projects.--
            (1) Authority of secretary.--The Secretary, in consultation 
        with the panel and the Advisory Committee, may provide grants 
        to, or enter into any contract, cooperative agreement, 
        interagency agreement, or other transaction with, an 
        appropriate entity to carry out any demonstration, research, or 
        methodology development project that the Secretary determines 
        to be necessary to assist in the implementation of the strategy 
        developed by the panel under subsection (a)(2).
            (2) Requirements.--
                    (A) Maximum amount of federal share.--The Federal 
                share of the cost of any demonstration, research, or 
                methodology development project that is the subject of 
                any grant, contract, cooperative agreement, interagency 
                agreement, or other transaction entered into between 
                the Secretary and an appropriate entity under paragraph 
                (1) shall not exceed $1,000,000.
                    (B) Report.--An appropriate entity that receives 
                funds from a grant, contract, cooperative agreement, 
                interagency agreement, or other transaction entered 
                into between the Secretary and the appropriate entity 
                under paragraph (1) shall submit to the Secretary a 
                report describing the results of the demonstration, 
                research, or methodology development project conducted 
                by the appropriate entity.
    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out subsections (a) through (d) $2,000,000 for each of 
        fiscal years 2008 and 2009, to remain available until expended.
            (2) Demonstration, research, and methodology development 
        projects.--There is authorized to be appropriated to carry out 
        subsection (e) $10,000,000 for the period of fiscal years 2008 
        through 2012, to remain available until expended.

SEC. 8. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL SURVEY.

    (a) National Streamflow Information Program.--
            (1) In general.--The Secretary shall conduct a review of 
        the national streamflow information program, including a review 
        of--
                    (A) each Federal objective with respect to the 
                establishment of a national streamgaging network; and
                    (B) each geographic information-based method that 
                the Secretary used to select sites to achieve each 
                objective reviewed under subparagraph (A).
            (2) Requirements.--In conducting the national streamflow 
        information program, the Secretary shall--
                    (A) measure streamflow and related environmental 
                variables in nationally significant watersheds--
                            (i) in a reliable and continuous manner; 
                        and
                            (ii) to develop a comprehensive source of 
                        information on which public and private 
                        decisions relating to the management of water 
                        resources may be based;
                    (B) provide for a better understanding of 
                hydrologic extremes (including floods and droughts) 
                through the conduct of intensive data collection 
                activities during and following hydrologic extremes;
                    (C) establish a base network that provides 
                resources that are necessary for--
                            (i) the monitoring of long-term changes in 
                        streamflow; and
                            (ii) the conduct of assessments to 
                        determine the extent to which each long-term 
                        change monitored under clause (i) is related to 
                        global climate change;
                    (D) integrate the national streamflow information 
                program with data collection activities of Federal 
                agencies and appropriate State water resource agencies 
                (including the national drought information system)--
                            (i) to enhance the comprehensive 
                        understanding of water availability;
                            (ii) to identify any data gap with respect 
                        to water resources; and
                            (iii) to improve hydrologic forecasting; 
                        and
                    (E) incorporate principles of adaptive management 
                in the conduct of periodic reviews of information 
                collected under the national streamflow information 
                program to assess whether the objectives of the 
                national streamflow information program are being 
                adequately addressed.
            (3) Improved methodologies.--The Secretary shall--
                    (A) improve methodologies relating to the analysis 
                and delivery of data; and
                    (B) investigate, develop, and implement new 
                methodologies and technologies to estimate or measure 
                streamflow in a more cost-efficient manner.
            (4) Measurement goal.--
                    (A) In general.--Not later than 10 years after the 
                date of enactment of this Act, in accordance with 
                subparagraph (B), the Secretary shall increase the 
                number of sites measured under the national streamflow 
                information program to a quantity of not less than 
                4,700 sites.
                    (B) Requirements of sites.--Each site described in 
                subparagraph (A) shall be--
                            (i) located in a nationally significant 
                        watershed, as determined by the Secretary; and
                            (ii) measured by a streamgage or any other 
                        effective means implemented by the Secretary.
            (5) Federal share.--The Federal share of the national 
        streamgaging network established pursuant to this subsection 
        shall be 100 percent of the cost of carrying out the national 
        streamgaging network.
            (6) Authorization of appropriations.--
                    (A) In general.--Except as provided in subparagraph 
                (B), there are authorized to be appropriated such sums 
                as are necessary to carry out this subsection for the 
                period of fiscal years 2008 through 2022, to remain 
                available until expended.
                    (B) Achievement of measurement goal.--There is 
                authorized to be appropriated to carry out paragraph 
                (4) $7,500,000 for each of fiscal years 2008 through 
                2018, to remain available until expended.
    (b) National Groundwater Resources Monitoring.--
            (1) In general.--The Secretary shall develop a systematic 
        groundwater monitoring program for each major aquifer system 
        located in the United States.
            (2) Program elements.--In developing the monitoring program 
        described in paragraph (1), the Secretary shall--
                    (A) establish appropriate criteria for monitoring 
                wells to ensure the acquisition of long-term, high-
                quality data sets, including, to the maximum extent 
                possible, the inclusion of real-time instrumentation 
                and reporting;
                    (B) in coordination with the Advisory Committee and 
                State and local water resource agencies--
                            (i) assess the current scope of groundwater 
                        monitoring based on the access availability and 
                        capability of each monitoring well in existence 
                        as of the date of enactment of this Act; and
                            (ii) develop and carry out a monitoring 
                        plan that maximizes coverage for each major 
                        aquifer system that is located in the United 
                        States; and
                    (C) prior to initiating any specific monitoring 
                activities within a State after the date of enactment 
                of this Act, consult and coordinate with the applicable 
                State water resource agency with jurisdiction over the 
                aquifer that is the subject of the monitoring 
                activities, and comply with all applicable laws 
                (including regulations) of the State.
            (3) Program objectives.--In carrying out the monitoring 
        program described in paragraph (1), the Secretary shall--
                    (A) provide data that is necessary for the 
                improvement of understanding with respect to surface 
                water and groundwater interactions;
                    (B) by expanding the network of monitoring wells to 
                reach each climate division, support the groundwater 
                climate response network to improve the understanding 
                of the effects of global climate change on groundwater 
                recharge and availability; and
                    (C) support the objectives of the assessment 
                program.
            (4) Improved methodologies.--The Secretary shall--
                    (A) improve methodologies relating to the analysis 
                and delivery of data; and
                    (B) investigate, develop, and implement new 
                methodologies and technologies to estimate or measure 
                groundwater recharge, discharge, and storage in a more 
                cost-efficient manner.
            (5) Federal share.--The Federal share of the monitoring 
        program described in paragraph (1) may be 100 percent of the 
        cost of carrying out the monitoring program.
            (6) Priority.--In selecting monitoring activities 
        consistent with the monitoring program described in paragraph 
        (1), the Secretary shall give priority to those activities for 
        which a State or local governmental entity agrees to provide 
        for a substantial share of the cost of establishing or 
        operating a monitoring well or other measuring device to carry 
        out a monitoring activity.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out this 
        subsection for the period of fiscal years 2008 through 2022, to 
        remain available until expended.
    (c) Brackish Groundwater Assessment.--
            (1) Study.--The Secretary, in consultation with State and 
        local water resource agencies, shall conduct a study of 
        available data and other relevant information--
                    (A) to identify significant brackish groundwater 
                resources located in the United States; and
                    (B) to consolidate any available data relating to 
                each groundwater resource identified under subparagraph 
                (A).
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress a report that includes--
                    (A) a description of each--
                            (i) significant brackish aquifer that is 
                        located in the United States (including 1 or 
                        more maps of each significant brackish aquifer 
                        that is located in the United States);
                            (ii) data gap that is required to be 
                        addressed to fully characterize each brackish 
                        aquifer described in clause (i); and
                            (iii) current use of brackish groundwater 
                        that is supplied by each brackish aquifer 
                        described in clause (i); and
                    (B) a summary of the information available as of 
                the date of enactment of this Act with respect to each 
                brackish aquifer described in subparagraph (A)(i) 
                (including the known level of total dissolved solids in 
                each brackish aquifer).
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $3,000,000 for 
        the period of fiscal years 2008 through 2009, to remain 
        available until expended.
    (d) Improved Water Estimation, Measurement, and Monitoring 
Technologies.--
            (1) Authority of secretary.--The Secretary may provide 
        grants to appropriate entities with expertise in water resource 
        data acquisition and reporting--
                    (A) to investigate, develop, and implement new 
                methodologies and technologies to estimate or measure 
                water resources data in a cost-efficient manner; and
                    (B) to improve methodologies relating to the 
                analysis and delivery of data.
            (2) Priority.--In providing grants to appropriate entities 
        under paragraph (1), the Secretary shall give priority to 
        appropriate entities that propose the development of new 
        methods and technologies for--
                    (A) predicting and measuring streamflows;
                    (B) estimating changes in the storage of 
                groundwater;
                    (C) improving data standards and methods of 
                analysis (including the validation of data entered into 
                geographic information system databases);
                    (D) measuring precipitation and potential 
                evapotranspiration;
                    (E) developing descriptive and predictive models 
                that take into account groundwater and surface water; 
                and
                    (F) water withdrawals, return flows, and 
                consumptive use.
            (3) Cost sharing.--
                    (A) Federal share.--The Federal share of the cost 
                of the development of any new method or technology that 
                is the subject of a grant under this subsection shall 
                not exceed the lesser of--
                            (i) 50 percent of the cost of the 
                        development of the new method or technology; or
                            (ii) $500,000.
                    (B) Non-federal share.--The non-Federal share of 
                the cost of the development of any new method or 
                technology that is the subject of a grant under this 
                subsection may be provided in the form of any in-kind 
                services that substantially contribute toward the 
                development of any new method or technology, as 
                determined by the Secretary.
                    (C) Other federal assistance.--Assistance under 
                this subsection may be in addition to assistance 
                provided by the Federal Government pursuant to other 
                provisions of law.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        each of fiscal years 2008 through 2018.

SEC. 9. WATER USE AND AVAILABILITY ASSESSMENT PROGRAM.

    (a) Establishment.--The Secretary, in coordination with the 
Advisory Committee and State and local water resource agencies, shall 
establish an assessment program to be known as the ``water availability 
and use assessment program''--
            (1) to provide a more accurate assessment of the status of 
        the water resources of the United States;
            (2) to assist in the determination of the quantity of water 
        that is available for beneficial uses;
            (3) to identify long-term trends in water availability;
            (4) to use each long-term trend described in paragraph (3) 
        to provide a more accurate assessment of the change in the 
        availability of water in the United States; and
            (5) to develop the basis for an improved ability to 
        forecast the availability of water for future economic, energy 
        production, and environmental uses.
    (b) Program Elements.--
            (1) Water use.--In carrying out the assessment program, the 
        Secretary shall conduct any appropriate activity to carry out 
        an ongoing assessment of water use in hydrologic accounting 
        units and major aquifer systems located in the United States, 
        including--
                    (A) the maintenance of a comprehensive national 
                water use inventory to enhance the level of 
                understanding with respect to the effects of spatial 
                and temporal patterns of water use on the availability 
                and sustainable use of water resources;
                    (B) the incorporation of water use science 
                principles, with an emphasis on applied research and 
                statistical estimation techniques in the assessment of 
                water use;
                    (C) the integration of any dataset maintained by 
                any other Federal or State agency into the dataset 
                maintained by the Secretary; and
                    (D) a focus on the scientific integration of any 
                data relating to water use, water flow, or water 
                quality to generate relevant information relating to 
                the impact of human activity on water and ecological 
                resources.
            (2) Water availability.--In carrying out the assessment 
        program, the Secretary shall conduct an ongoing assessment of 
        water availability by--
                    (A) developing and evaluating nationally consistent 
                indicators that reflect each status and trend relating 
                to the availability of water resources in the United 
                States, including--
                            (i) surface water indicators, such as 
                        streamflow and surface water storage measures 
                        (including lakes, reservoirs, perennial 
                        snowfields, and glaciers);
                            (ii) groundwater indicators, including 
                        groundwater level measurements and changes in 
                        groundwater levels due to--
                                    (I) natural recharge;
                                    (II) withdrawals;
                                    (III) saltwater intrusion;
                                    (IV) mine dewatering;
                                    (V) land drainage;
                                    (VI) artificial recharge; and
                                    (VII) other relevant factors, as 
                                determined by the Secretary; and
                            (iii) impaired surface water and 
                        groundwater supplies that are known, 
                        accessible, and used to meet ongoing water 
                        demands; and
                    (B) maintaining a national database of water 
                availability data that--
                            (i) is comprised of maps, reports, and 
                        other forms of interpreted data;
                            (ii) provides electronic access to the 
                        archived data of the national database; and
                            (iii) provides for real-time data 
                        collection.
    (c) Grant Program.--
            (1) Authority of secretary.--The Secretary may provide 
        grants to State water resource agencies to assist State water 
        resource agencies in--
                    (A) developing water use and availability datasets 
                that are integrated with each appropriate dataset 
                developed or maintained by the Secretary; or
                    (B) integrating any water use or water availability 
                dataset of the State water resource agency into each 
                appropriate dataset developed or maintained by the 
                Secretary.
            (2) Criteria.--To be eligible to receive a grant under 
        paragraph (1), a State water resource agency shall demonstrate 
        to the Secretary that the water use and availability dataset 
        proposed to be established or integrated by the State water 
        resource agency--
                    (A) is in compliance with each quality and 
                conformity standard established by the Secretary to 
                ensure that the data will be capable of integration 
                with any national dataset; and
                    (B) will enhance the ability of the officials of 
                the State of the State water resource agency to carry 
                out each water management and regulatory responsibility 
                of the officials of the State in accordance with each 
                applicable the law of the State.
            (3) Maximum amount.--The amount of a grant provided to a 
        State water resource agency under paragraph (1) shall be an 
        amount not more than $250,000.
    (d) Report.--Not later than January 1, 2010, and every 5 years 
thereafter, the Secretary shall submit to the appropriate committees of 
Congress a report that provides a detailed assessment of--
            (1) the current availability of water resources in the 
        United States, including--
                    (A) historic trends and annual updates of river 
                basin inflows and outflows;
                    (B) surface water storage;
                    (C) groundwater reserves; and
                    (D) estimates of undeveloped potential resources 
                (including saline water and wastewater);
            (2) significant trends affecting water availability, 
        including each documented or projected impact to the 
        availability of water as a result of global climate change;
            (3) the withdrawal and use of surface water and groundwater 
        by various sectors, including--
                    (A) the agricultural sector;
                    (B) municipalities;
                    (C) the industrial sector;
                    (D) thermoelectric power generators; and
                    (E) hydroelectric power generators;
            (4) significant trends relating to each water use sector, 
        including significant changes in water use due to the 
        development of new energy supplies;
            (5) significant water use conflicts or shortages that have 
        occurred, or are likely to occur; and
            (6) each factor that has caused, or will likely cause, a 
        conflict or shortage described in paragraph (5).
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out subsections (a), (b), and (d) $20,000,000 for each of 
        fiscal years 2008 through 2022, to remain available until 
        expended.
            (2) Grant program.--There is authorized to be appropriated 
        to carry out subsection (c) $12,500,000 for the period of 
        fiscal years 2008 through 2012, to remain available until 
        expended.

SEC. 10. EFFECT.

    (a) In General.--Nothing in this Act supersedes or limits any 
existing authority provided, or responsibility conferred, by any 
provision of law.
    (b) Effect on State Water Law.--
            (1) In general.--Nothing in this Act preempts or affects 
        any--
                    (A) State water law; or
                    (B) interstate compact governing water.
            (2) Compliance required.--The Secretary shall comply with 
        applicable State water laws in carrying out this Act.
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