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






                                                       Calendar No. 979
110th CONGRESS
  2d 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, Mr. Johnson, Mr. 
Salazar, and Mr. Tester) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

                           September 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

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

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) adequate and safe supplies of water are 
        fundamental to the health, economy, security, and ecology of 
        the United States;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) increasing populations;</DELETED>
                <DELETED>    (B) economic growth;</DELETED>
                <DELETED>    (C) irrigated agriculture;</DELETED>
                <DELETED>    (D) energy production; and</DELETED>
                <DELETED>    (E) the protection of aquatic 
                ecosystems;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) nationwide data collection and 
                monitoring activities;</DELETED>
                <DELETED>    (B) relevant research; and</DELETED>
                <DELETED>    (C) activities to increase the efficiency 
                of the use of water in the United States;</DELETED>
        <DELETED>    (5) Federal agencies that conduct water management 
        and related activities have a responsibility--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) to develop strategies--</DELETED>
                        <DELETED>    (i) to mitigate the potential 
                        impacts of each risk described in subparagraph 
                        (A); and</DELETED>
                        <DELETED>    (ii) to help ensure that the long-
                        term water resources management of the United 
                        States is sustainable and will ensure 
                        sustainable quantities of water;</DELETED>
        <DELETED>    (6) it is critical to continue and expand research 
        and monitoring efforts--</DELETED>
                <DELETED>    (A) to improve the understanding of the 
                variability of the water cycle; and</DELETED>
                <DELETED>    (B) to provide basic information 
                necessary--</DELETED>
                        <DELETED>    (i) to manage and efficiently use 
                        the water resources of the United States; 
                        and</DELETED>
                        <DELETED>    (ii) to identify new supplies of 
                        water that are capable of being reclaimed; 
                        and</DELETED>
        <DELETED>    (7) the study of water use is vital--</DELETED>
                <DELETED>    (A) to the understanding of the impacts of 
                human activity on water and ecological resources; 
                and</DELETED>
                <DELETED>    (B) to the assessment of whether available 
                surface and groundwater supplies will be available to 
                meet the future needs of the United States.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 4. CLIMATE CHANGE ADAPTATION PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Secretary shall establish a climate 
change adaptation program--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Required Elements.--In carrying out the program 
described in subsection (a), the Secretary shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) assess specific risks to the water supply of 
        each major reclamation river basin, including any risk relating 
        to--</DELETED>
                <DELETED>    (A) a change in snowpack;</DELETED>
                <DELETED>    (B) the timing of runoff; and</DELETED>
                <DELETED>    (C) any increase in--</DELETED>
                        <DELETED>    (i) the demand for water as a 
                        result of increasing temperatures; 
                        and</DELETED>
                        <DELETED>    (ii) the rate of reservoir 
                        evaporation;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the ability of the Secretary to 
                deliver water to the contractors of the 
                Secretary;</DELETED>
                <DELETED>    (B) hydroelectric power generation 
                facilities;</DELETED>
                <DELETED>    (C) recreation at reclamation 
                facilities;</DELETED>
                <DELETED>    (D) fish and wildlife habitat;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (F) water quality issues (including 
                salinity levels of each major reclamation river 
                basin);</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the modification of any reservoir 
                storage or operating guideline in existence as of the 
                date of enactment of this Act;</DELETED>
                <DELETED>    (B) the development of new water 
                management, operating, or habitat restoration 
                plans;</DELETED>
                <DELETED>    (C) water conservation;</DELETED>
                <DELETED>    (D) improved hydrologic models and other 
                decision support systems; and</DELETED>
                <DELETED>    (E) groundwater and surface water storage 
                needs; and</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) to strengthen the understanding of 
                water supply trends; and</DELETED>
                <DELETED>    (B) to assist in each assessment and 
                analysis conducted by the Secretary under paragraphs 
                (2) and (3).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the impact of global climate change with 
        respect to the operations of the Secretary in each major 
        reclamation river basin;</DELETED>
        <DELETED>    (3) each mitigation and adaptation strategy 
        considered and implemented by the Secretary to address each 
        effect of global climate change described in paragraph 
        (1);</DELETED>
        <DELETED>    (4) each coordination activity conducted by the 
        Secretary with--</DELETED>
                <DELETED>    (A) the Director;</DELETED>
                <DELETED>    (B) the Administrator;</DELETED>
                <DELETED>    (C) the Secretary of Agriculture (acting 
                through the Chief of the Natural Resources Conservation 
                Service); or</DELETED>
                <DELETED>    (D) any appropriate State water resource 
                agency; and</DELETED>
        <DELETED>    (5) the implementation by the Secretary of the 
        monitoring plan developed under subsection (b)(5).</DELETED>
<DELETED>    (d) Feasibility Studies.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Cost sharing.--</DELETED>
                <DELETED>    (A) Federal share.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. WATER MANAGEMENT IMPROVEMENT.</DELETED>

<DELETED>    (a) Authorization of Grants and Cooperative Agreements.--
</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) to conserve water;</DELETED>
                <DELETED>    (B) to increase water use 
                efficiency;</DELETED>
                <DELETED>    (C) to facilitate water markets;</DELETED>
                <DELETED>    (D) to enhance water management; 
                or</DELETED>
                <DELETED>    (E) to carry out any other activity--
                </DELETED>
                        <DELETED>    (i) to address any climate-related 
                        impact to the water supply of the United 
                        States; or</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Requirements of grants and cooperative 
        agreements.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (E) Cost sharing.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (II) not consider any 
                                other amount that the eligible 
                                applicant receives from a Federal 
                                agency.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (F) Liability.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
<DELETED>    (b) Research Agreements.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) to conserve water resources;</DELETED>
                <DELETED>    (B) to increase the efficiency of the use 
                of water resources; or</DELETED>
                <DELETED>    (C) to enhance the management of water 
                resources.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Relationship to Project-Specific Authority.--This 
section shall not supersede any existing project-specific funding 
authority.</DELETED>
<DELETED>    (e) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $100,000,000, to remain 
available until expended.</DELETED>

<DELETED>SEC. 6. HYDROELECTRIC POWER ASSESSMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Access to Appropriate Data.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) is collected by the Commissioner; 
                and</DELETED>
                <DELETED>    (B) the Secretary of Energy determines to 
                be necessary for the conduct of the 
                assessment.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) each effect of, and risk resulting from, 
        global climate change with respect to--</DELETED>
                <DELETED>    (A) water supplies used for hydroelectric 
                power generation; and</DELETED>
                <DELETED>    (B) power supplies marketed by each 
                Federal Power Marketing Administration, pursuant to--
                </DELETED>
                        <DELETED>    (i) long-term power 
                        contracts;</DELETED>
                        <DELETED>    (ii) contingent capacity 
                        contracts; and</DELETED>
                        <DELETED>    (iii) short-term sales; 
                        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Costs Nonreimbursable.--Any costs incurred by the 
Secretary of Energy in carrying out this section shall be 
nonreimbursable.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL 
              PANEL.</DELETED>

<DELETED>    (a) Establishment.--The Secretary shall establish and lead 
a climate change and water intragovernmental panel--</DELETED>
        <DELETED>    (1) to review the current scientific understanding 
        of each impact of global climate change on the water resources 
        of the United States; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Membership.--The panel shall be comprised of--
</DELETED>
        <DELETED>    (1) the Secretary;</DELETED>
        <DELETED>    (2) the Director;</DELETED>
        <DELETED>    (3) the Administrator;</DELETED>
        <DELETED>    (4) the Secretary of Agriculture (acting through 
        the Chief of the Natural Resources Conservation 
        Service);</DELETED>
        <DELETED>    (5) the Commissioner; and</DELETED>
        <DELETED>    (6) the Chief of Engineers.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) to consider options for the establishment of a 
        data portal to enhance access to water resource data--
        </DELETED>
                <DELETED>    (A) relating to each nationally 
                significant watershed and aquifer located in the United 
                States; and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the national integrated drought 
                information system of the National Oceanic and 
                Atmospheric Administration; and</DELETED>
                <DELETED>    (B) the advanced hydrologic prediction 
                service of the National Weather Service;</DELETED>
        <DELETED>    (6) to facilitate the development of hydrologic 
        models to integrate data that reflects groundwater and surface 
        water interactions;</DELETED>
        <DELETED>    (7) to apply the hydrologic models developed under 
        paragraph (6) to water resource management problems identified 
        by the panel; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (e) Demonstration, Research, and Methodology Development 
Projects.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Requirements.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (f) Authorization of Appropriations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL 
              SURVEY.</DELETED>

<DELETED>    (a) National Streamflow Information Program.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall conduct a 
        review of the national streamflow information program, 
        including a review of--</DELETED>
                <DELETED>    (A) each Federal objective with respect to 
                the establishment of a national streamgaging network; 
                and</DELETED>
                <DELETED>    (B) each geographic information-based 
                method that the Secretary used to select sites to 
                achieve each objective reviewed under subparagraph 
                (A).</DELETED>
        <DELETED>    (2) Requirements.--In conducting the national 
        streamflow information program, the Secretary shall--</DELETED>
                <DELETED>    (A) measure streamflow and related 
                environmental variables in nationally significant 
                watersheds--</DELETED>
                        <DELETED>    (i) in a reliable and continuous 
                        manner; and</DELETED>
                        <DELETED>    (ii) to develop a comprehensive 
                        source of information on which public and 
                        private decisions relating to the management of 
                        water resources may be based;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) establish a base network that provides 
                resources that are necessary for--</DELETED>
                        <DELETED>    (i) the monitoring of long-term 
                        changes in streamflow; and</DELETED>
                        <DELETED>    (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;</DELETED>
                <DELETED>    (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)--</DELETED>
                        <DELETED>    (i) to enhance the comprehensive 
                        understanding of water availability;</DELETED>
                        <DELETED>    (ii) to identify any data gap with 
                        respect to water resources; and</DELETED>
                        <DELETED>    (iii) to improve hydrologic 
                        forecasting; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Improved methodologies.--The Secretary shall--
        </DELETED>
                <DELETED>    (A) improve methodologies relating to the 
                analysis and delivery of data; and</DELETED>
                <DELETED>    (B) investigate, develop, and implement 
                new methodologies and technologies to estimate or 
                measure streamflow in a more cost-efficient 
                manner.</DELETED>
        <DELETED>    (4) Measurement goal.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Requirements of sites.--Each site 
                described in subparagraph (A) shall be--</DELETED>
                        <DELETED>    (i) located in a nationally 
                        significant watershed, as determined by the 
                        Secretary; and</DELETED>
                        <DELETED>    (ii) measured by a streamgage or 
                        any other effective means implemented by the 
                        Secretary.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Authorization of appropriations.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) National Groundwater Resources Monitoring.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall develop a 
        systematic groundwater monitoring program for each major 
        aquifer system located in the United States.</DELETED>
        <DELETED>    (2) Program elements.--In developing the 
        monitoring program described in paragraph (1), the Secretary 
        shall--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) in coordination with the Advisory 
                Committee and State and local water resource agencies--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) develop and carry out a 
                        monitoring plan that maximizes coverage for 
                        each major aquifer system that is located in 
                        the United States; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Program objectives.--In carrying out the 
        monitoring program described in paragraph (1), the Secretary 
        shall--</DELETED>
                <DELETED>    (A) provide data that is necessary for the 
                improvement of understanding with respect to surface 
                water and groundwater interactions;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) support the objectives of the 
                assessment program.</DELETED>
        <DELETED>    (4) Improved methodologies.--The Secretary shall--
        </DELETED>
                <DELETED>    (A) improve methodologies relating to the 
                analysis and delivery of data; and</DELETED>
                <DELETED>    (B) investigate, develop, and implement 
                new methodologies and technologies to estimate or 
                measure groundwater recharge, discharge, and storage in 
                a more cost-efficient manner.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Brackish Groundwater Assessment.--</DELETED>
        <DELETED>    (1) Study.--The Secretary, in consultation with 
        State and local water resource agencies, shall conduct a study 
        of available data and other relevant information--</DELETED>
                <DELETED>    (A) to identify significant brackish 
                groundwater resources located in the United States; 
                and</DELETED>
                <DELETED>    (B) to consolidate any available data 
                relating to each groundwater resource identified under 
                subparagraph (A).</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) a description of each--</DELETED>
                        <DELETED>    (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);</DELETED>
                        <DELETED>    (ii) data gap that is required to 
                        be addressed to fully characterize each 
                        brackish aquifer described in clause (i); 
                        and</DELETED>
                        <DELETED>    (iii) current use of brackish 
                        groundwater that is supplied by each brackish 
                        aquifer described in clause (i); and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Improved Water Estimation, Measurement, and Monitoring 
Technologies.--</DELETED>
        <DELETED>    (1) Authority of secretary.--The Secretary may 
        provide grants to appropriate entities with expertise in water 
        resource data acquisition and reporting--</DELETED>
                <DELETED>    (A) to investigate, develop, and implement 
                new methodologies and technologies to estimate or 
                measure water resources data in a cost-efficient 
                manner; and</DELETED>
                <DELETED>    (B) to improve methodologies relating to 
                the analysis and delivery of data.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) predicting and measuring 
                streamflows;</DELETED>
                <DELETED>    (B) estimating changes in the storage of 
                groundwater;</DELETED>
                <DELETED>    (C) improving data standards and methods 
                of analysis (including the validation of data entered 
                into geographic information system 
                databases);</DELETED>
                <DELETED>    (D) measuring precipitation and potential 
                evapotranspiration;</DELETED>
                <DELETED>    (E) developing descriptive and predictive 
                models that take into account groundwater and surface 
                water; and</DELETED>
                <DELETED>    (F) water withdrawals, return flows, and 
                consumptive use.</DELETED>
        <DELETED>    (3) Cost sharing.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) 50 percent of the cost of the 
                        development of the new method or technology; 
                        or</DELETED>
                        <DELETED>    (ii) $500,000.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 9. WATER USE AND AVAILABILITY ASSESSMENT 
              PROGRAM.</DELETED>

<DELETED>    (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''--</DELETED>
        <DELETED>    (1) to provide a more accurate assessment of the 
        status of the water resources of the United States;</DELETED>
        <DELETED>    (2) to assist in the determination of the quantity 
        of water that is available for beneficial uses;</DELETED>
        <DELETED>    (3) to identify long-term trends in water 
        availability;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) to develop the basis for an improved ability 
        to forecast the availability of water for future economic, 
        energy production, and environmental uses.</DELETED>
<DELETED>    (b) Program Elements.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the incorporation of water use science 
                principles, with an emphasis on applied research and 
                statistical estimation techniques in the assessment of 
                water use;</DELETED>
                <DELETED>    (C) the integration of any dataset 
                maintained by any other Federal or State agency into 
                the dataset maintained by the Secretary; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Water availability.--In carrying out the 
        assessment program, the Secretary shall conduct an ongoing 
        assessment of water availability by--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) surface water indicators, such 
                        as streamflow and surface water storage 
                        measures (including lakes, reservoirs, 
                        perennial snowfields, and glaciers);</DELETED>
                        <DELETED>    (ii) groundwater indicators, 
                        including groundwater level measurements and 
                        changes in groundwater levels due to--
                        </DELETED>
                                <DELETED>    (I) natural 
                                recharge;</DELETED>
                                <DELETED>    (II) 
                                withdrawals;</DELETED>
                                <DELETED>    (III) saltwater 
                                intrusion;</DELETED>
                                <DELETED>    (IV) mine 
                                dewatering;</DELETED>
                                <DELETED>    (V) land 
                                drainage;</DELETED>
                                <DELETED>    (VI) artificial recharge; 
                                and</DELETED>
                                <DELETED>    (VII) other relevant 
                                factors, as determined by the 
                                Secretary; and</DELETED>
                        <DELETED>    (iii) impaired surface water and 
                        groundwater supplies that are known, 
                        accessible, and used to meet ongoing water 
                        demands; and</DELETED>
                <DELETED>    (B) maintaining a national database of 
                water availability data that--</DELETED>
                        <DELETED>    (i) is comprised of maps, reports, 
                        and other forms of interpreted data;</DELETED>
                        <DELETED>    (ii) provides electronic access to 
                        the archived data of the national database; 
                        and</DELETED>
                        <DELETED>    (iii) provides for real-time data 
                        collection.</DELETED>
<DELETED>    (c) Grant Program.--</DELETED>
        <DELETED>    (1) Authority of secretary.--The Secretary may 
        provide grants to State water resource agencies to assist State 
        water resource agencies in--</DELETED>
                <DELETED>    (A) developing water use and availability 
                datasets that are integrated with each appropriate 
                dataset developed or maintained by the Secretary; 
                or</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the current availability of water resources in 
        the United States, including--</DELETED>
                <DELETED>    (A) historic trends and annual updates of 
                river basin inflows and outflows;</DELETED>
                <DELETED>    (B) surface water storage;</DELETED>
                <DELETED>    (C) groundwater reserves; and</DELETED>
                <DELETED>    (D) estimates of undeveloped potential 
                resources (including saline water and 
                wastewater);</DELETED>
        <DELETED>    (2) significant trends affecting water 
        availability, including each documented or projected impact to 
        the availability of water as a result of global climate 
        change;</DELETED>
        <DELETED>    (3) the withdrawal and use of surface water and 
        groundwater by various sectors, including--</DELETED>
                <DELETED>    (A) the agricultural sector;</DELETED>
                <DELETED>    (B) municipalities;</DELETED>
                <DELETED>    (C) the industrial sector;</DELETED>
                <DELETED>    (D) thermoelectric power generators; 
                and</DELETED>
                <DELETED>    (E) hydroelectric power 
                generators;</DELETED>
        <DELETED>    (4) significant trends relating to each water use 
        sector, including significant changes in water use due to the 
        development of new energy supplies;</DELETED>
        <DELETED>    (5) significant water use conflicts or shortages 
        that have occurred, or are likely to occur; and</DELETED>
        <DELETED>    (6) each factor that has caused, or will likely 
        cause, a conflict or shortage described in paragraph 
        (5).</DELETED>
<DELETED>    (e) Authorization of Appropriations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 10. EFFECT.</DELETED>

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

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. National water availability and use assessment program.
Sec. 10. Research agreement authority.
Sec. 11. 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 or power 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 sections 4, 5, and 10, 
                        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 at watershed and aquifer system scales 
        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) changes in the timing and quantity of runoff;
                    (C) changes in groundwater recharge and discharge; 
                and
                    (D) 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.);
                    (F) water quality issues (including salinity levels 
                of each major reclamation river basin);
                    (G) flow and water dependent ecological resiliency; 
                and
                    (H) flood control management;
            (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 2 years 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 and impact on ecological 
        resiliency 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) No Effect on Existing Authority.--Nothing in this section 
amends or otherwise affects any existing authority under reclamation 
laws that govern the operation of any Federal reclamation project.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2009 through 2023, 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 an 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, including 
                increasing the use of renewable energy in the 
                management and delivery of water;
                    (E) to accelerate the adoption and use of advanced 
                water treatment technologies to increase water supply;
                    (F) to prevent the decline of species that the 
                United States Fish and Wildlife Service and National 
                Marine Fisheries Service have proposed for listing 
                under the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.) (or candidate species that are being 
                considered by those agencies for such listing but are 
                not yet the subject of a proposed rule);
                    (G) to accelerate the recovery of threatened 
                species, endangered species, and designated critical 
                habitats that are adversely affected by Federal 
                reclamation projects or are subject to a recovery plan 
                or conservation plan under the Endangered Species Act 
                of 1973 (16 U.S.C. 1531 et seq.) under which the 
                Commissioner of Reclamation has implementation 
                responsibilities; or
                    (H) to carry out any other activity--
                            (i) to address any climate-related impact 
                        to the water supply of the United States that 
                        increases ecological resiliency to the impacts 
                        of climate change; 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 an agreement with the Secretary under paragraph (1), 
        an eligible applicant shall--
                    (A) be located within the States and areas referred 
                to in the first section of the Act of June 17, 1902 (43 
                U.S.C. 391); and
                    (B) submit to the Secretary an application that 
                includes a proposal of the improvement or activity 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 
                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) Agricultural operations.--In carrying out 
                paragraph (1), the Secretary shall not provide a grant, 
                or enter into an agreement, for an improvement to 
                conserve irrigation water unless the eligible applicant 
                agrees not--
                            (i) to use any associated water savings to 
                        increase the total irrigated acreage of the 
                        eligible applicant; or
                            (ii) to otherwise increase the consumptive 
                        use of water in the operation of the eligible 
                        applicant, as determined pursuant to the law of 
                        the State in which the operation of the 
                        eligible applicant is located.
                    (C) Nonreimbursable funds.--Any funds provided by 
                the Secretary to an eligible applicant through a grant 
                or agreement under paragraph (1) shall be 
                nonreimbursable.
                    (D) Title to improvements.--If an infrastructure 
                improvement to a federally owned facility is the 
                subject of a grant or other agreement entered into 
                between the Secretary and an eligible applicant under 
                paragraph (1), the Federal Government shall continue to 
                hold title to the facility and improvements to 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 
                        other 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 
                        other 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 other 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 under 
                        chapter 171 of title 28, United States Code 
                        (commonly known as the ``Federal Tort Claims 
                        Act''), 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) 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 (commonly known as 
                        the ``Federal Tort Claims Act'').
    (b) Research Agreements.--
            (1) Authority of secretary.--The Secretary may enter into 1 
        or more 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, 
                including increasing the use of renewable energy in the 
                management and delivery of water.
            (2) Terms and conditions of secretary.--
                    (A) In general.--An 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.
                    (B) Availability.--The agreements under this 
                subsection shall be available to all Reclamation 
                projects and programs that may benefit from project-
                specific or programmatic cooperative research and 
                development.
    (c) Mutual Benefit.--Grants or other 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 $200,000,000, 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 2009 through 2023, 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 quantity and quality of 
        water resources of the United States; and
            (2) to develop any strategy that the panel determines to be 
        necessary to improve observational capabilities, expand data 
        acquisition, or take other actions--
                    (A) to increase the reliability and accuracy of 
                modeling and prediction systems to benefit water 
                managers at the Federal, State, and local levels; and
                    (B) to increase the understanding of the impacts of 
                climate change on aquatic ecosystems.
    (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;
            (6) the Chief of Engineers;
            (7) the Administrator of the Environmental Protection 
        Agency; and
            (8) the Secretary of Energy.
    (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, drinking water utilities, 
water research organizations, 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, flood risk, 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 the quality and quantity of water resources, 
        including flood risks, 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;
                    (B) the advanced hydrologic prediction service of 
                the National Weather Service;
                    (C) the National Water Information System of the 
                United States Geological Survey; and
                    (D) the Hydrologic Information System of the 
                Consortium of Universities for the Advancements of 
                Hydrologic Sciences;
            (6) to facilitate the development of hydrologic and other 
        models to integrate data that reflects groundwater and surface 
        water interactions;
            (7) to apply the hydrologic and other models developed 
        under paragraph (6) to water resource management problems 
        identified by the panel, including the need to maintain or 
        improve ecological resiliency at watershed and aquifer system 
        scales; and
            (8) to facilitate the development of mechanisms to 
        effectively combine global and regional climate models with 
        hydrologic and ecological 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 and flood-
        hazard mitigation decisions.
    (d) 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 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 2009 through 2011, 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 2009 
        through 2013, 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, in consultation with the 
        Advisory Committee and consistent with this section, shall 
        proceed with implementation of the national streamflow 
        information program, as reviewed by the National Research 
        Council in 2004.
            (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 improve flood-hazard assessments;
                            (iii) to identify any data gap with respect 
                        to water resources; and
                            (iv) 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) Network enhancement.--
                    (A) In general.--Not later than 10 years after the 
                date of enactment of this Act, in accordance with 
                subparagraph (B), the Secretary shall--
                            (i) increase the number of streamgages 
                        funded by the national streamflow information 
                        program to a quantity of not less than 4,700 
                        sites; and
                            (ii) ensure all streamgages are flood-
                        hardened and equipped with water-quality 
                        sensors and modernized telemetry.
                    (B) Requirements of sites.--Each site described in 
                subparagraph (A) shall conform with the National 
                Streamflow Information Program plan as reviewed by the 
                National Research Council.
            (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 operate the national streamflow 
                information program for the period of fiscal years 2009 
                through 2023, to remain available until expended.
                    (B) Network enhancement funding.--There is 
                authorized to be appropriated to carry out the network 
                enhancements described in paragraph (4) $10,000,000 for 
                each of fiscal years 2009 through 2019, 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 2009 through 2023, 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 2009 through 2011, to remain 
        available until expended.
    (d) Improved Water Estimation, Measurement, and Monitoring 
Technologies.--
            (1) Authority of secretary.--The Secretary may provide 
        grants on a nonreimbursable basis to appropriate entities with 
        expertise in water resource data acquisition and reporting, 
        including Federal agencies, the Water Resources Research 
        Institutes and other academic institutions, and private 
        entities, to--
                    (A) investigate, develop, and implement new 
                methodologies and technologies to estimate or measure 
                water resources data in a cost-efficient manner; and
                    (B) 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; and
                    (E) water withdrawals, return flows, and 
                consumptive use.
            (3) Partnerships.--In recognition of the value of 
        collaboration to foster innovation and enhance research and 
        development efforts, the Secretary shall encourage 
        partnerships, including public-private partnerships, between 
        and among Federal agencies, academic institutions, and private 
        entities to promote the objectives described in paragraph (1).
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        each of fiscal years 2009 through 2019.

SEC. 9. NATIONAL WATER AVAILABILITY AND USE ASSESSMENT PROGRAM.

    (a) Establishment.--The Secretary, in coordination with the 
Advisory Committee and State and local water resource agencies, shall 
establish a national assessment program to be known as the ``national 
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 assist in the determination of the quality of the 
        water resources of the United States;
            (4) to identify long-term trends in water availability;
            (5) to use each long-term trend described in paragraph (4) 
        to provide a more accurate assessment of the change in the 
        availability of water in the United States; and
            (6) 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;
                    (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; and
                    (C) developing and applying predictive modeling 
                tools that integrate groundwater, surface water, and 
                ecological systems.
    (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 or 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 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 December 31, 2012, 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 and brackish 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 occurring; and
            (6) each factor that has caused, or is causing, 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 2009 through 2023, 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 2009 through 2013, to remain available until 
        expended.

SEC. 10. RESEARCH AGREEMENT AUTHORITY.

    The Secretary may enter into contracts, grants, or cooperative 
agreements, for periods not to exceed 5 years, to carry out research 
within the Bureau of Reclamation.

SEC. 11. 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.
                                                       Calendar No. 979

110th CONGRESS

  2d Session

                                S. 2156

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment