1.Short title; table of
contents
(a)This Act may be cited
as the Science and Engineering to
Comprehensively Understand and Responsibly Enhance Water
Act
or the SECURE Water Act
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title;
table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Climate change adaptation
program.
Sec. 5. Water management
improvement.
Sec. 6. Hydroelectric power
assessment.
Sec. 7. Climate change and water
intragovernmental panel.
Sec. 8. Water data enhancement by United
States Geological Survey.
Sec. 9. Water use and availability
assessment program.
Sec. 10. Effect.
2.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.
3.In this Act:
(1)The
term Administrator means the Administrator of the National Oceanic
and Atmospheric Administration.
(2)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)The term assessment program means the water
availability and use assessment program established by the Secretary under
section 9(a).
(4)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)The
term Commissioner means the Commissioner of Reclamation.
(6)The
term Director means the Director of the United States Geological
Survey.
(7)The term eligible applicant means any
State, Indian tribe, irrigation district, water district, or other organization
with water delivery authority.
(8)Federal power
marketing administrationThe 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 unitThe term hydrologic accounting unit
means 1 of the 352 river basin hydrologic accounting units used by the United
States Geological Survey.
(10)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)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)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)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)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)The
term panel means the climate change and water intragovernmental
panel established by the Secretary under section 7(a).
(15)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)
(A)Except as provided in subparagraph (B), the term
Secretary means the Secretary of the Interior.
(B)The
term Secretary means—
(i)in the case of
section 4, the Secretary of the Interior (acting through the Commissioner);
and
(ii)in the case of
sections 8 and 9, the Secretary of the Interior (acting through the
Director).
(17)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).
4.Climate change
adaptation program
(a)The Secretary shall establish a climate change adaptation
program—
(1)to assess each
effect of, and risk resulting from, global climate change with respect to the
quantity of water resources located in a service area; and
(2)to ensure, to the
maximum extent possible, that strategies are developed to address potential
water shortages, conflicts, and other impacts to water users located at, and
the environment of, each service area.
(b)In carrying out the program described in subsection (a),
the Secretary shall—
(1)consult with the
United States Geological Survey, the National Oceanic and Atmospheric
Administration, the program, and each appropriate State water resource agency,
to ensure that the Secretary has access to the best available scientific
information with respect to presently observed and projected future impacts of
global climate change on water resources;
(2)assess specific
risks to the water supply of each major reclamation river basin, including any
risk relating to—
(A)a change in
snowpack;
(B)the timing of
runoff; and
(C)any increase
in—
(i)the demand for
water as a result of increasing temperatures; and
(ii)the rate of
reservoir evaporation;
(3)with respect to
each major reclamation river basin, analyze the extent to which changes in the
water supply of the United States will impact—
(A)the ability of the
Secretary to deliver water to the contractors of the Secretary;
(B)hydroelectric
power generation facilities;
(C)recreation at
reclamation facilities;
(D)fish and wildlife
habitat;
(E)applicable species
listed as an endangered, threatened, or candidate species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(F)water quality
issues (including salinity levels of each major reclamation river
basin);
(4)in consultation
with appropriate non-Federal participants, consider and develop appropriate
strategies to mitigate each impact of water supply changes analyzed by the
Secretary under paragraph (3), including strategies relating to—
(A)the modification
of any reservoir storage or operating guideline in existence as of the date of
enactment of this Act;
(B)the development of
new water management, operating, or habitat restoration plans;
(C)water
conservation;
(D)improved
hydrologic models and other decision support systems; and
(E)groundwater and
surface water storage needs; and
(5)in consultation
with the Director, the Administrator, the Secretary of Agriculture (acting
through the Chief of the Natural Resources Conservation Service), and
applicable State water resource agencies, develop a monitoring plan to acquire
and maintain water resources data—
(A)to strengthen the
understanding of water supply trends; and
(B)to assist in each
assessment and analysis conducted by the Secretary under paragraphs (2) and
(3).
(c)Not
later than 1 year after the date of enactment of this Act, and every 5 years
thereafter, the Secretary shall submit to the appropriate committees of
Congress a report that describes—
(1)each effect of,
and risk resulting from, global climate change with respect to the quantity of
water resources located in each major reclamation river basin;
(2)the impact of
global climate change with respect to the operations of the Secretary in each
major reclamation river basin;
(3)each mitigation
and adaptation strategy considered and implemented by the Secretary to address
each effect of global climate change described in paragraph (1);
(4)each coordination
activity conducted by the Secretary with—
(A)the
Director;
(B)the
Administrator;
(C)the Secretary of
Agriculture (acting through the Chief of the Natural Resources Conservation
Service); or
(D)any appropriate
State water resource agency; and
(5)the implementation
by the Secretary of the monitoring plan developed under subsection
(b)(5).
(d)
(1)The Secretary, in cooperation with any non-Federal
participant, may conduct 1 or more studies to determine the feasibility of
implementing each mitigation and adaptation strategy described in subsection
(c)(3), including the construction of any water supply, water management,
environmental, or habitat enhancement water infrastructure that the Secretary
determines to be necessary to address the effects of global climate change on
water resources located in each major reclamation river basin.
(2)
(A)
(i)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 hardshipThe 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)The non-Federal share of the cost of a study described in
paragraph (1) may be provided in the form of any in-kind services that
substantially contribute toward the completion of the study, as determined by
the Secretary.
(e)Authorization of
appropriationsThere 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.
5.Water management
improvement
(a)Authorization of
grants and cooperative agreements
(1)The Secretary may provide any grant to, or enter into
any cooperative agreement with, any eligible applicant to assist the eligible
applicant in planning, designing, or constructing any improvement—
(A)to conserve
water;
(B)to increase water
use efficiency;
(C)to facilitate
water markets;
(D)to enhance water
management; or
(E)to carry out any
other activity—
(i)to address any
climate-related impact to the water supply of the United States; or
(ii)to prevent any
water-related crisis or conflict at any watershed that has a nexus to a Federal
reclamation project located in a service area.
(2)To
be eligible to receive a grant, or enter into a cooperative agreement with the
Secretary under paragraph (1), an eligible applicant shall submit to the
Secretary an application that includes a proposal of the improvement to be
planned, designed, constructed, or implemented by the eligible
applicant.
(3)Requirements of
grants and cooperative agreements
(A)Compliance with
requirementsEach grant and cooperative agreement entered into by
the Secretary with any eligible applicant under paragraph (1) shall be in
compliance with each requirement described in subparagraphs (B) through
(F).
(B)Certain
improvements or activities relating to agricultural operationsIn
carrying out paragraph (1), the Secretary shall not provide a grant to, or
enter into a cooperative agreement with, an eligible applicant to provide
financial assistance for an improvement to conserve water with respect to an
agricultural operation unless the Secretary first determines that the
improvement will result in a net savings in groundwater or surface water
resources in the agricultural operation of the eligible applicant.
(C)Any funds provided by the Secretary to an eligible
applicant through a grant or cooperative agreement under paragraph (1) shall be
nonreimbursable.
(D)If an infrastructure improvement to a facility under
the jurisdiction of a Federal agency is the subject of a grant or a cooperative
agreement entered into between the Secretary and an eligible applicant under
paragraph (1), the Federal Government shall hold title to the improvement of
the facility.
(E)
(i)The Federal share of the cost of any infrastructure
improvement or activity that is the subject of a grant or a cooperative
agreement entered into between the Secretary and an eligible applicant under
paragraph (1) shall not exceed 50 percent of the cost of the infrastructure
improvement or activity.
(ii)Calculation of
non-Federal shareIn 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)The amount provided to an eligible applicant through a
grant or cooperative agreement under paragraph (1) shall be not more than
$5,000,000.
(iv)Operation and
maintenance costsThe non-Federal share of the cost of operating
and maintaining any infrastructure improvement that is the subject of a grant
or a cooperative agreement entered into between the Secretary and an eligible
applicant under paragraph (1) shall be 100 percent.
(F)
(i)Except as provided in clause (ii), the United States
shall not be liable for monetary damages of any kind for any injury arising out
of an act, omission, or occurrence that arises in relation to any facility
created or improved under this section, the title of which is not held by the
United States.
(ii)Clause
(i) shall not apply to liability for monetary damages resulting from an injury
caused by any act of negligence committed by the United States (or by any
officer, employee, or agent of the United States) that arises in relation to
any facility created or improved under this section, the title of which is not
held by the United States.
(iii)Nothing in this section increases the liability of the United
States beyond that provided in chapter 171 of title 28, United States
Code.
(b)
(1)The Secretary may enter into 1 or more cooperative
agreements with any university, nonprofit research institution, or organization
with water or power delivery authority to fund any research activity that is
designed—
(A)to conserve water
resources;
(B)to increase the
efficiency of the use of water resources; or
(C)to enhance the
management of water resources.
(2)Terms and
conditions of SecretaryA cooperative agreement entered into
between the Secretary and any university, institution, or organization
described in paragraph (1) shall be subject to such terms and conditions as the
Secretary determines to be appropriate.
(c)Grants or cooperative agreements made under this section
may be for the mutual benefit of the United States and the entity that is
provided the grant or enters into the cooperative agreement.
(d)Relationship to
project-specific authorityThis section shall not supersede any
existing project-specific funding authority.
(e)Authorization of
appropriationsThere is authorized to be appropriated to carry
out this section $100,000,000, to remain available until expended.
6.Hydroelectric
power assessment
(a)Duty of
Secretary of EnergyThe 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 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 assessmentsIn 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)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)Any costs incurred by the Secretary of Energy in
carrying out this section shall be nonreimbursable.
(e)Authorization of
appropriationsThere 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.
7.Climate change
and water intragovernmental panel
(a)The
Secretary shall establish and lead a climate change and water intragovernmental
panel—
(1)to review the
current scientific understanding of each impact of global climate change on the
water resources of the United States; and
(2)to develop any
strategy that the panel determines to be necessary to improve observational
capabilities and expand data acquisition to increase the reliability and
accuracy of modeling and prediction systems to benefit water managers at the
Federal, State, and local levels.
(b)The
panel shall be comprised of—
(1)the
Secretary;
(2)the
Director;
(3)the
Administrator;
(4)the Secretary of
Agriculture (acting through the Chief of the Natural Resources Conservation
Service);
(5)the Commissioner;
and
(6)the Chief of
Engineers.
(c)In conducting the review and developing the strategy
under subsection (a), the panel shall consult with State water resource
agencies, the Advisory Committee, and relevant water user, environmental, and
other nongovernmental organizations—
(1)to assess the
extent to which the conduct of measures of streamflow, groundwater levels, soil
moisture, evapotranspiration rates, evaporation rates, snowpack levels,
precipitation amounts, and glacier mass is necessary to improve the
understanding of the Federal Government and the States with respect to each
impact of global climate change on water resources;
(2)to identify data
gaps in current water monitoring networks that must be addressed to improve the
capability of the Federal Government and the States to measure, analyze, and
predict changes to water resources that are directly or indirectly affected by
global climate change;
(3)to establish data
management and communication protocols and standards to increase the quality
and efficiency by which each Federal agency acquires and reports relevant
data;
(4)to consider
options for the establishment of a data portal to enhance access to water
resource data—
(A)relating to each
nationally significant watershed and aquifer located in the United States;
and
(B)that is collected
by each Federal agency and any other public or private entity for each
nationally significant watershed and aquifer located in the United
States;
(5)to expand, and
integrate each initiative of the panel with, to the maximum extent possible,
any interagency initiative in existence as of the date of enactment of this
Act, including—
(A)the national
integrated drought information system of the National Oceanic and Atmospheric
Administration; and
(B)the advanced
hydrologic prediction service of the National Weather Service;
(6)to facilitate the
development of hydrologic models to integrate data that reflects groundwater
and surface water interactions;
(7)to apply the
hydrologic models developed under paragraph (6) to water resource management
problems identified by the panel; and
(8)to consider the
need for, and the development of, mechanisms to effectively combine global
climate models, regional climate models, and hydrologic models to produce water
resource information to assist water managers at the Federal, State, and local
levels in the development of adaptation strategies that can be incorporated
into long-term water management decisions.
(d)Not
later than 1 year after the date of enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a report that describes the
review conducted, and the strategy developed, by the panel under subsection
(a).
(e)Demonstration,
research, and methodology development projects
(1)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)
(A)Maximum amount
of Federal shareThe 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)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)There is authorized to be appropriated to carry out
subsections (a) through (d) $2,000,000 for each of fiscal years 2008 and 2009,
to remain available until expended.
(2)Demonstration,
research, and methodology development projectsThere 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.
8.Water data
enhancement by United States Geological Survey
(a)National
streamflow information program
(1)The Secretary shall conduct a review of the national
streamflow information program, including a review of—
(A)each Federal
objective with respect to the establishment of a national streamgaging network;
and
(B)each geographic
information-based method that the Secretary used to select sites to achieve
each objective reviewed under subparagraph (A).
(2)In
conducting the national streamflow information program, the Secretary
shall—
(A)measure streamflow
and related environmental variables in nationally significant
watersheds—
(i)in a reliable and
continuous manner; and
(ii)to develop a
comprehensive source of information on which public and private decisions
relating to the management of water resources may be based;
(B)provide for a
better understanding of hydrologic extremes (including floods and droughts)
through the conduct of intensive data collection activities during and
following hydrologic extremes;
(C)establish a base
network that provides resources that are necessary for—
(i)the monitoring of
long-term changes in streamflow; and
(ii)the conduct of
assessments to determine the extent to which each long-term change monitored
under clause (i) is related to global climate change;
(D)integrate the
national streamflow information program with data collection activities of
Federal agencies and appropriate State water resource agencies (including the
national drought information system)—
(i)to enhance the
comprehensive understanding of water availability;
(ii)to identify any
data gap with respect to water resources; and
(iii)to improve
hydrologic forecasting; and
(E)incorporate
principles of adaptive management in the conduct of periodic reviews of
information collected under the national streamflow information program to
assess whether the objectives of the national streamflow information program
are being adequately addressed.
(3)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)
(A)Not later than 10 years after the date of enactment of
this Act, in accordance with subparagraph (B), the Secretary shall increase the
number of sites measured under the national streamflow information program to a
quantity of not less than 4,700 sites.
(B)Each site described in subparagraph (A) shall be—
(i)located in a
nationally significant watershed, as determined by the Secretary; and
(ii)measured by a
streamgage or any other effective means implemented by the Secretary.
(5)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)Except as provided in subparagraph (B), there are
authorized to be appropriated such sums as are necessary to carry out this
subsection for the period of fiscal years 2008 through 2022, to remain
available until expended.
(B)Achievement of
measurement goalThere is authorized to be appropriated to carry
out paragraph (4) $7,500,000 for each of fiscal years 2008 through 2018, to
remain available until expended.
(b)National
groundwater resources monitoring
(1)The Secretary shall develop a systematic groundwater
monitoring program for each major aquifer system located in the United
States.
(2)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)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)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)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)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
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this subsection for the period of fiscal years
2008 through 2022, to remain available until expended.
(c)Brackish
groundwater assessment
(1)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)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
appropriationsThere is authorized to be appropriated to carry
out this subsection $3,000,000 for the period of fiscal years 2008 through
2009, to remain available until expended.
(d)Improved water
estimation, measurement, and monitoring technologies
(1)The Secretary may provide grants to appropriate
entities with expertise in water resource data acquisition and
reporting—
(A)to investigate,
develop, and implement new methodologies and technologies to estimate or
measure water resources data in a cost-efficient manner; and
(B)to improve
methodologies relating to the analysis and delivery of data.
(2)In
providing grants to appropriate entities under paragraph (1), the Secretary
shall give priority to appropriate entities that propose the development of new
methods and technologies for—
(A)predicting and
measuring streamflows;
(B)estimating changes
in the storage of groundwater;
(C)improving data
standards and methods of analysis (including the validation of data entered
into geographic information system databases);
(D)measuring
precipitation and potential evapotranspiration;
(E)developing
descriptive and predictive models that take into account groundwater and
surface water; and
(F)water withdrawals,
return flows, and consumptive use.
(3)
(A)The Federal share of the cost of the development of any new
method or technology that is the subject of a grant under this subsection shall
not exceed the lesser of—
(i)50 percent of the
cost of the development of the new method or technology; or
(ii)$500,000.
(B)The non-Federal share of the cost of the development of any
new method or technology that is the subject of a grant under this subsection
may be provided in the form of any in-kind services that substantially
contribute toward the development of any new method or technology, as
determined by the Secretary.
(C)Assistance under this subsection may be in addition to
assistance provided by the Federal Government pursuant to other provisions of
law.
(4)Authorization of
appropriationsThere is authorized to be appropriated to carry
out this subsection $5,000,000 for each of fiscal years 2008 through
2018.
9.Water use and
availability assessment program
(a)The
Secretary, in coordination with the Advisory Committee and State and local
water resource agencies, shall establish an assessment program to be known as
the water availability and use assessment program
—
(1)to provide a more
accurate assessment of the status of the water resources of the United
States;
(2)to assist in the
determination of the quantity of water that is available for beneficial
uses;
(3)to identify
long-term trends in water availability;
(4)to use each
long-term trend described in paragraph (3) to provide a more accurate
assessment of the change in the availability of water in the United States;
and
(5)to develop the
basis for an improved ability to forecast the availability of water for future
economic, energy production, and environmental uses.
(b)
(1)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)In carrying out the assessment program, the
Secretary shall conduct an ongoing assessment of water availability by—
(A)developing and
evaluating nationally consistent indicators that reflect each status and trend
relating to the availability of water resources in the United States,
including—
(i)surface water
indicators, such as streamflow and surface water storage measures (including
lakes, reservoirs, perennial snowfields, and glaciers);
(ii)groundwater
indicators, including groundwater level measurements and changes in groundwater
levels due to—
(I)natural
recharge;
(II)withdrawals;
(III)saltwater
intrusion;
(IV)mine
dewatering;
(V)land
drainage;
(VI)artificial
recharge; and
(VII)other relevant
factors, as determined by the Secretary; and
(iii)impaired surface
water and groundwater supplies that are known, accessible, and used to meet
ongoing water demands; and
(B)maintaining a
national database of water availability data that—
(i)is comprised of
maps, reports, and other forms of interpreted data;
(ii)provides
electronic access to the archived data of the national database; and
(iii)provides for
real-time data collection.
(c)
(1)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)To
be eligible to receive a grant under paragraph (1), a State water resource
agency shall demonstrate to the Secretary that the water use and availability
dataset proposed to be established or integrated by the State water resource
agency—
(A)is in compliance
with each quality and conformity standard established by the Secretary to
ensure that the data will be capable of integration with any national dataset;
and
(B)will enhance the
ability of the officials of the State of the State water resource agency to
carry out each water management and regulatory responsibility of the officials
of the State in accordance with each applicable the law of the State.
(3)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)Not
later than January 1, 2010, and every 5 years thereafter, the Secretary shall
submit to the appropriate committees of Congress a report that provides a
detailed assessment of—
(1)the current
availability of water resources in the United States, including—
(A)historic trends
and annual updates of river basin inflows and outflows;
(B)surface water
storage;
(C)groundwater
reserves; and
(D)estimates of
undeveloped potential resources (including saline water and wastewater);
(2)significant trends
affecting water availability, including each documented or projected impact to
the availability of water as a result of global climate change;
(3)the withdrawal and
use of surface water and groundwater by various sectors, including—
(A)the agricultural
sector;
(B)municipalities;
(C)the industrial
sector;
(D)thermoelectric
power generators; and
(E)hydroelectric
power generators;
(4)significant trends
relating to each water use sector, including significant changes in water use
due to the development of new energy supplies;
(5)significant water
use conflicts or shortages that have occurred, or are likely to occur;
and
(6)each factor that
has caused, or will likely cause, a conflict or shortage described in paragraph
(5).
(e)Authorization of
appropriations
(1)There is authorized to be appropriated to carry out
subsections (a), (b), and (d) $20,000,000 for each of fiscal years 2008 through
2022, to remain available until expended.
(2)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.
10.
(a)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)Nothing in this Act preempts or affects any—
(A)State water law;
or
(B)interstate compact
governing water.
(2)The Secretary shall comply with applicable State water
laws in carrying out this Act.
1.Short title; table of
contents
(a)This Act may be cited
as the Science and Engineering to
Comprehensively Understand and Responsibly Enhance Water
Act
or the SECURE Water Act
.
(b)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.
2.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.
3.In this Act:
(1)The
term Administrator means the Administrator of the National Oceanic
and Atmospheric Administration.
(2)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)The term assessment program means the water
availability and use assessment program established by the Secretary under
section 9(a).
(4)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)The
term Commissioner means the Commissioner of Reclamation.
(6)The
term Director means the Director of the United States Geological
Survey.
(7)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
administrationThe 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
unitThe term hydrologic accounting unit means 1 of
the 352 river basin hydrologic accounting units used by the United States
Geological Survey.
(10)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)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)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)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)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)The
term panel means the climate change and water intragovernmental
panel established by the Secretary under section 7(a).
(15)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)
(A)Except as provided in subparagraph (B), the term
Secretary means the Secretary of the Interior.
(B)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)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).
4.Climate change
adaptation program
(a)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)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)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)
(1)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)
(A)
(i)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 hardshipThe 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)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
authorityNothing 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
appropriationsThere 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.
5.Water management
improvement
(a)Authorization of grants
and cooperative agreements
(1)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)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
requirementsEach 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)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)Any funds provided by the Secretary to an eligible
applicant through a grant or agreement under paragraph (1) shall be
nonreimbursable.
(D)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)
(i)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 shareIn 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)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 costsThe 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)
(i)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)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)
(1)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)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)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)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 authorityThis section shall not supersede any
existing project-specific funding authority.
(e)Authorization of
appropriationsThere is authorized to be appropriated to carry
out this section $200,000,000, to remain available until expended.
6.Hydroelectric power
assessment
(a)Duty of Secretary of
EnergyThe 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 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 assessmentsIn 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)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)Any costs incurred by the Secretary of Energy in
carrying out this section shall be nonreimbursable.
(e)Authorization of
appropriationsThere 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.
7.Climate change and water
intragovernmental panel
(a)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)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)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)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)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)
(A)Maximum amount of
Federal shareThe 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)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)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 projectsThere 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.
8.Water data enhancement
by United States Geological Survey
(a)National streamflow
information program
(1)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)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)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)
(A)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)Each site described in subparagraph (A) shall conform with
the National Streamflow Information Program plan as reviewed by the National
Research Council.
(5)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)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
fundingThere 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)The Secretary shall develop a systematic groundwater
monitoring program for each major aquifer system located in the United
States.
(2)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)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)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)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)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
appropriationsThere 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)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)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
appropriationsThere 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)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)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)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
appropriationsThere is authorized to be appropriated to carry
out this subsection $5,000,000 for each of fiscal years 2009 through
2019.
9.National water
availability and use assessment program
(a)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)
(1)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)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)
(1)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)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)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)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)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)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.
10.Research agreement
authorityThe 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.
11.
(a)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)Nothing in this Act preempts or affects any—
(A)State water law;
or
(B)interstate compact
governing water.
(2)The Secretary shall comply with applicable State water
laws in carrying out this Act.
September 16, 2008
Reported with an amendment