[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1837 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1837

To provide drought assistance and improved water supply reliability to 
     the State of California, other western States, and the Nation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2015

  Mrs. Boxer introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To provide drought assistance and improved water supply reliability to 
     the State of California, other western States, and the Nation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Drought Recovery 
and Resilience Act of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; findings.
  TITLE I--EMERGENCY DROUGHT RESPONSE APPROPRIATIONS FROM RECLAMATION 
                                  FUND

Sec. 101. Appropriations to be derived from Reclamation Fund.
Sec. 102. Supplemental appropriations for drought relief.
Sec. 103. Supplemental appropriations for the Environmental Protection 
                            Agency.
Sec. 104. Supplemental appropriations for the Water Infrastructure 
                            Finance and Innovation Act program.
       TITLE II--NEW WATER INFRASTRUCTURE PROGRAM AUTHORIZATIONS

  Subtitle A--New Water Recycling and Reclamation Program Through EPA

Sec. 201. Short title; findings; purposes.
Sec. 202. National Water Recycling and Reclamation Program.
   Subtitle B--Reclamation Infrastructure Finance and Innovation Act 
                                (RIFIA)

Sec. 210. Short title; purposes; definitions.
                    Chapter 1--Innovative Financing

Sec. 211. Purposes.
Sec. 212. Authority to provide assistance.
Sec. 213. Applications.
Sec. 214. Eligibility for assistance.
Sec. 215. Determination of eligibility and project selection.
Sec. 216. Secured loans.
Sec. 217. Program administration.
Sec. 218. State and local permits.
Sec. 219. Regulations.
Sec. 220. Funding.
Sec. 221. Report to Congress.
   Chapter 2--Integrated Regional Water Management, Reclamation, and 
                           Recycling Projects

Sec. 231. Water storage projects.
Sec. 232. Authorization of appropriations.
             Chapter 3--Reclamation Title Transfer Program

Sec. 241. Short title; definitions.
Sec. 242. Authorization of title transfer program.
Sec. 243. Compliance with environmental and historic preservation laws.
Sec. 244. Eligibility criteria.
Sec. 245. Liability.
Sec. 246. Benefits.
Sec. 247. Compliance with other laws.
Sec. 248. Authorization of appropriations.
Sec. 249. Termination of authority.
           Subtitle C--Innovative Stormwater Capture Program

Sec. 251. Short title.
Sec. 252. Purposes and findings.
Sec. 253. Definitions.
Sec. 254. Centers of Excellence for innovative stormwater control 
                            infrastructure.
Sec. 255. Innovative stormwater control infrastructure project grants.
Sec. 256. Environmental Protection Agency innovative stormwater control 
                            infrastructure promotion.
Sec. 257. Report to Congress.
Sec. 258. Authorization of appropriations.
        TITLE III--IMPROVED INFRASTRUCTURE AND WATER MANAGEMENT

 Subtitle A--Restoring America's Watersheds and Increasing Water Yields

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Water Source Protection Program.
Sec. 304. Watershed Condition Framework.
Sec. 305. Forest Service Legacy Roads and Trails Remediation Program.
Sec. 306. Reauthorization of the Collaborative Forest Landscape 
                            Restoration Fund.
              Subtitle B--Reservoir Operation Improvement

Sec. 311. Short title.
Sec. 312. Projects, plans, and reports.
    Subtitle C--Reclamation Projects for Renewable Energy To Reduce 
                            Evaporation Loss

Sec. 320. Findings and purpose.
Sec. 321. Definitions.
Sec. 322. Evaluation and report.
Sec. 323. Development of solar and wind energy on covered land.
Sec. 324. Royalties.
Sec. 325. Disposition of royalty revenue.
               Subtitle D--Improved Reclamation Crop Data

Sec. 331. Definitions.
Sec. 332. Determination of planting of water-intense permanent crops.
Sec. 333. Report related to water-intense permanent crops.
        Subtitle E--Improved Oversight of State Injection Wells

Sec. 341. Amendment to the Safe Drinking Water Act.
  Subtitle F--Combating Water Theft for Illegal Marijuana Cultivation

Sec. 351. Policy directive on illegal water diversion for marijuana 
                            cultivation.
Sec. 352. Environmental reporting requirements for Domestic Cannabis 
                            Eradication program.
Sec. 353. Trespass marijuana location registry.
Sec. 354. Funding for remediation of trespass marijuana sites.
Sec. 355. Voluntary guidelines.
Sec. 356. Research program.
                  Subtitle G--SECURE Water Amendments

Sec. 361. Authorized activities; eligibility; authorization of 
                            appropriations.
Sec. 362. Authorization of appropriations for national water 
                            availability and use assessment program.
     Subtitle H--Refundable Tax Credit for Water-Harvesting Systems

Sec. 371. Refundable tax credit for water-harvesting systems.
  Subtitle I--Funding for Construction for Additional Project Benefits

Sec. 381. Funding for construction for additional project benefits.
                   Subtitle J--Open Water Data System

Sec. 391. Open water data system.
                   TITLE IV--PLANNING FOR THE FUTURE

           Subtitle A--X-Prize for Desalination Breakthroughs

Sec. 401. Short title.
Sec. 402. Water technology award program.
  Subtitle B--Drought Planning Assistance Through NRCS and Reclamation

Sec. 411. Drought Planning Assistance through NRCS and Reclamation.
             Subtitle C--Drought Preparedness for Fisheries

Sec. 421. Drought Preparedness for Fisheries.
            Subtitle D--National Emergency Planning Response

Sec. 431. National Emergency Planning Response.
           Subtitle E--Military Preparedness for Desalination

Sec. 441. Report on desalinization technology.
    (c) Findings.--Congress finds the following:
            (1) That, as expressed in the Water Supply Act of 1958, 
        Congress has recognized the primary responsibilities of the 
        States and local interests in developing water supplies for 
        domestic, municipal, industrial, and other purposes, and that 
        the Federal Government should participate and cooperate in 
        these projects.
            (2) That there is a long and robust legal precedent of 
        Federal deference to State primacy in water law and the legal 
        system that States establish for resolving disputes over water 
        use, with the Supreme Court finding in Kansas v. Colorado that 
        ``Congress cannot enforce either rule upon any state'' in 
        matters of the right regulation of water rights.
            (3) That, as established in the Proclamation of a State of 
        Emergency issued by the Governor of the State of California on 
        January 17, 2014, California is experiencing record dry 
        conditions, all regions of the State are impacted by the 
        drought, and these extremely dry conditions have persisted 
        since 2012 and are likely to persist beyond this year and more 
        regularly into the future.
            (4) That the State of California is not alone in the 
        prospects for long-term drought, and that the entire American 
        West and Southwest are facing forecasts of prolonged droughts 
        that will leave States facing major water shortages and 
        catastrophic wildfires.
            (5) That the prolonged period of drought in the American 
        West has also occurred with higher temperatures throughout the 
        State of California, reducing snowpack and leading to what 
        climate scientists conclude may be the most severe drought in 
        over 1,200 years.
            (6) That the Colorado River has been under drought 
        conditions since 2000, and that the chances of a 
        ``megadrought'' striking the Southwest and central Great Plains 
        are on the rise according to forecasts from climate scientists.
            (7) That the United States should utilize all existing 
        authorities and resources made available by the Agricultural 
        Act of 2014, that over $500 million in assistance has already 
        been dedicated to assisting agricultural users and rural 
        communities in California and other drought-impacted areas, and 
        that the United States Department of Agriculture should 
        continue to prioritize such assistance to bring relief to 
        drought-impacted areas.
            (8) That this drought emergency requires an immediate and 
        credible response that respects State, local, and tribal law, 
        and that the policies that respond to the drought should not 
        pit State against State, region against region, or stakeholders 
        against one another.
            (9) That Federal agencies should continue to operate the 
        Bureau of Reclamation's Central Valley Project in California in 
        compliance with all Federal and State laws, including 
        biological opinions, while working with the State to maximize 
        operational flexibility in order to deliver as much water as 
        reasonably possible to drought-impacted areas and minimize the 
        harm suffered by fish and wildlife as a result of the drought.
            (10) That Congress recognizes the range of separate, 
        distinct Federal agencies with authorities and resources that 
        play a role in water supply, including treatment and 
        remediation of groundwater, surface water storage, water 
        recycling and reuse, and other clean water infrastructure, and 
        that to avoid duplication and ensure the efficiency and 
        effectiveness of these various Federal roles, there is a need 
        for improved coordination, streamlining, and collaboration, 
        both among Federal agencies and with drought-impacted States 
        and localities.
            (11) That it is the policy of the United States to respect 
        California's coequal goals, established by the Delta Reform Act 
        of 2009, of providing a more reliable water supply for 
        California and protecting, restoring, and enhancing the Delta 
        ecosystem, and that these coequal goals shall be achieved in a 
        manner that protects and enhances the unique cultural, 
        recreational, natural resource, and agricultural values of the 
        Delta as an evolving place.
            (12) That the State of California, in CA Water Code Section 
        85021, has established a policy to reduce reliance on the Delta 
        in meeting California's future water supply needs through a 
        statewide strategy of investing in improved regional supplies, 
        conservation, and water use efficiency, that California law 
        directs each region that depends on water from the Delta 
        watershed to improve its regional self-reliance for water 
        through investment in water use efficiency, water recycling, 
        advanced water technologies, local and regional water supply 
        projects, and improved regional coordination of local and 
        regional water supply efforts, and that it is the intent of 
        Congress to ensure that Federal programs, policies, and 
        investments respect and compliment, and do not undermine or 
        conflict with, California's policy of reducing reliance on 
        Delta diversions.
            (13) That the Reclamation Fund was established in 1902 with 
        the expressed purpose of providing for the construction and 
        maintenance of water infrastructure for the economic 
        development of the western States and territories, with 
        revenues deposited into the fund out of public land sales 
        within these western States and territories.
            (14) That since 1902, the Reclamation Fund has been 
        supplemented with additional revenues from Federal water 
        resources development and mineral and natural resource leases 
        on Federal lands, such that the surplus within the Reclamation 
        Fund now exceeds $10 billion.
            (15) That the Reclamation Fund represents a transfer of a 
        portion of receipts from Federal lands and Federal natural 
        resources in the West back to the West for water development, 
        and that in this time of drought the Reclamation Fund's surplus 
        should be used to assist the West in meeting its water needs 
        for public health and safety, for expanding water recycling, 
        reuse, and reclamation, for meeting the emergency needs of 
        communities impacted by the drought, and for developing long-
        term solutions to meet the impacts of climate change on this 
        already arid region of the country.

  TITLE I--EMERGENCY DROUGHT RESPONSE APPROPRIATIONS FROM RECLAMATION 
                                  FUND

SEC. 101. APPROPRIATIONS TO BE DERIVED FROM RECLAMATION FUND.

    Amounts made available under this title shall be derived from the 
reclamation fund established by section 1 of the Act of June 17, 1902 
(42 U.S.C. 391; popularly known as the ``Reclamation Act''), and shall 
remain available until expended.

SEC. 102. SUPPLEMENTAL APPROPRIATIONS FOR DROUGHT RELIEF.

    (a) In General.--Subject to subsection (b), the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for fiscal year 2015:
            (1) Water and related resources.--For an additional amount 
        for ``Department of the Interior--Bureau of Reclamation--Water 
        and Related Resources'', $300,000,000, of which not less than 
        $100,000,000 shall be for water reclamation and reuse projects 
        authorized under title XVI of Public Law 102-575; of which not 
        less than $100,000,000 shall be for WaterSMART for assistance 
        under the Reclamation States Emergency Drought Relief Act of 
        1991 (43 U.S.C. 2201 et seq.); and of which not less than 
        $50,000,000 shall be for water acquisition, water conveyance, 
        and facilities construction under the Refuge Water Supply 
        Program: Provided, That funds provided under this heading may 
        be used for recycled water projects without regard to whether 
        such projects are otherwise authorized under law: Provided 
        further, That sufficient funds are spent on the completion of 
        CALFED feasibility studies described in section 103(d)(1)(A) of 
        Public Law 108-361 (118 Stat. 1684) that have the financing and 
        feasibility to be under construction within 10 years, and that 
        for the purposes of this Act the Federal cost share of such 
        feasibility studies shall be no less than 75 percent and that 
        the cost share waiver for such feasibility studies shall extend 
        to December 31, 2017.
            (2) Hazardous substance superfund.--For an additional 
        amount for ``Environmental Protection Agency--Hazardous 
        Substance Superfund'', $300,000,000 for the cleanup of polluted 
        groundwater supplies.
            (3) Rural water and waste disposal program account.--For an 
        additional amount for ``Department of Agriculture--Rural 
        Utilities Service--Rural Water and Waste Disposal Program 
        Account'', $5,000,000 for the cost of direct and guaranteed 
        loans and grants for the rural water, wastewater, and waste 
        disposal programs authorized by sections 306 and 310B or 
        described in section 381E(d)(2) of the Consolidated Farm and 
        Rural Development Act.
            (4) Drug enforcement administration.--For an additional 
        amount for ``Department of Justice--Drug Enforcement 
        Administration'', $3,000,000 for the Domestic Cannabis 
        Eradication and Suppression Program to assist State or local 
        law enforcement agencies in the suppression of cannabis 
        operations that are conducted on public lands or that 
        intentionally trespass on the property of another that also 
        divert, redirect, obstruct, drain, or impound water supply.
            (5) Army corps of engineers.--For an additional amount for 
        the Army Corps of Engineers, $40,000,000 to carry out section 
        5039 of the Water Resources and Development Act of 2007 (33 
        U.S.C. 2201 et seq.).
            (6) Land and water conservation fund.--For an additional 
        amount for ``Land and Water Conservation Fund'', $100,000,000 
        for the implementation of projects under the Land and Water 
        Conservation Fund Act of 1965 in drought-affected States that 
        reduce fire risk, improve water quality or downstream water 
        quantity, or expand ground water recharge capacity.
            (7) Low-income migrant and seasonal farmworkers.--For an 
        additional amount for the Department of Agriculture, 
        $25,000,000 for emergency grants to assist low-income migrant 
        and seasonal farmworkers under section 2281 of the Food, 
        Agriculture, Conservation, and Trade Act of 1990 (42 U.S.C. 
        5177a) to address impacts of drought upon declaration of a 
        natural disaster under section 321(a) of the Consolidated Farm 
        and Rural Development Act (7 U.S.C. 1961(a)) or for the same 
        purposes in counties that are contiguous to a designated 
        natural disaster area.
    (b) Drought Prioritization.--Each amount appropriated under 
subsection (a) shall be used in States impacted by drought, with an 
emphasis on projects that will provide additional water supplies most 
expeditiously to areas at risk of having an inadequate supply of water 
for public health and safety purposes or to improve resiliency to 
drought, or projects that provide relief to drought-affected 
communities facing unemployment and economic dislocation.
    (c) Emergency Designation.--Each amount appropriated under 
subsection (a) is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.
    (d) GAO Study.--
            (1) In general.--The Comptroller General shall conduct a 
        comprehensive study on Federal investments in clean water and 
        wastewater infrastructure, addressing duplicative and 
        fragmented programs. The report shall include--
                    (A) a description of how Federal agencies, 
                including the Army Corps of Engineers, the 
                Environmental Protection Agency, the Bureau of 
                Reclamation, the Rural Utilities Service, and other 
                relevant agencies, coordinate their efforts to address 
                nationally, regionally, or locally identified needs or 
                priorities in an efficient and effective manner; and
                    (B) an evaluation of the adequacy of Federal 
                coordination in meeting the needs of tribal lands.
            (2) Report to congress.--Not later than 1 year after the 
        date of the enactment of this Act, the Comptroller General 
        shall submit to Congress a report containing the results of the 
        study required under paragraph (1) and any recommendations 
        based on such study.

SEC. 103. SUPPLEMENTAL APPROPRIATIONS FOR THE ENVIRONMENTAL PROTECTION 
              AGENCY.

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for fiscal year 2015:

                    ENVIRONMENTAL PROTECTION AGENCY

                   State and Tribal Assistance Grants

    For an additional amount for ``State and Tribal Assistance 
Grants'', $500,000,000, of which $400,000,000 shall be for making 
capitalization grants for the State water pollution control revolving 
funds under title VI of the Federal Water Pollution Control Act; and of 
which $100,000,000 shall be for making capitalization grants for the 
State drinking water treatment revolving loan funds under section 1452 
of the Safe Drinking Water Act: Provided, That notwithstanding the time 
period specified in section 603(d)(1)(A) of the Federal Water Pollution 
Control Act and section 1452(f)(1)(B)(i) of the Safe Drinking Water 
Act, loans made by such funds shall be authorized for 40-year terms: 
Provided further, That notwithstanding the formula or allotments set 
forth in section 604 of the Federal Water Pollution Control Act and 
section 1452(a)(1)(D) of the Safe Drinking Water Act, loans made by 
such funds shall be distributed based on an assessment of the immediate 
need in States impacted by drought, with an emphasis on projects that 
will provide additional water supplies most expeditiously to areas that 
are at risk of having an inadequate supply of water for public health 
and safety purposes or to improve resiliency to drought, including 
projects to increase efficiency and conservation by end users: Provided 
further, That to the maximum extent practicable, highest priority to 
the loans made with such funds shall be given to projects that have 
been approved by, and have previously received funding from, State and 
local water agencies: Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

SEC. 104. SUPPLEMENTAL APPROPRIATIONS FOR THE WATER INFRASTRUCTURE 
              FINANCE AND INNOVATION ACT PROGRAM.

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for fiscal year 2015:

                    ENVIRONMENTAL PROTECTION AGENCY

                   State and Tribal Assistance Grants

    For an additional amount for ``State and Tribal Assistance 
Grants'', $20,000,000 to carry out the Water Infrastructure Finance and 
Innovation Act of 2014: Provided, That loans made by such funds shall 
be distributed based on an assessment of the immediate need in States 
impacted by drought, with an emphasis on projects that will provide 
additional water supplies most expeditiously to areas that are at risk 
of having an inadequate supply of water for public health and safety 
purposes or to improve resiliency to drought, including projects to 
increase efficiency and conservation by end users: Provided further, 
That the limitations imposed by sections 5028(a)(5) and 5029(b)(2)(A) 
of the Water Resources Reform and Development Act of 2014 shall not 
apply with respect to a project receiving such funds in any State with 
a drought declaration: Provided further, That notwithstanding section 
5029(b)(4) of the Water Resources Reform and Development Act of 2014, 
the interest rate for a secured loan under this section shall be not 
more than the yield on United States Treasury securities of a similar 
maturity to the maturity of the secured loan on the date of execution 
of the loan agreement: Provided further, That notwithstanding section 
5028(a)(2)(A) of the Water Resources Reform and Development Act of 
2014, the eligible project costs of a project shall be reasonably 
anticipated to be not less than $10,000,000: Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

       TITLE II--NEW WATER INFRASTRUCTURE PROGRAM AUTHORIZATIONS

  Subtitle A--New Water Recycling and Reclamation Program Through EPA

SEC. 201. SHORT TITLE; FINDINGS; PURPOSES.

    (a) Short Title.--This subtitle may be cited as the ``National 
Water Recycling and Reclamation Act of 2015''.
    (b) Findings.--Congress finds that--
            (1) water supply, wastewater, sanitation, and sewage 
        agencies across the Nation are developing and investing in 
        water reuse and recycling projects;
            (2) almost 900,000 acre-feet of annual water supply are in 
        development through these projects and could be expeditiously 
        constructed with increased Federal investment; and
            (3) in California alone, there are water reuse and 
        recycling projects that could add over 500,000 acre-feet of 
        annual water supply.
    (c) Purposes.--It is the purpose of this subtitle to expand 
investments in water reuse and recycling projects nationwide.

SEC. 202. NATIONAL WATER RECYCLING AND RECLAMATION PROGRAM.

    (a) Establishment.--The Administrator of the Environmental 
Protection Agency shall establish and carry out a National Water 
Recycling and Reclamation Program to provide grants to eligible 
entities for water recycling and reclamation projects.
    (b) Definitions.--In this section, the following definitions apply:
            (1) Eligible costs.--The term ``eligible costs'' means 
        amounts substantially all of which are paid by, or for the 
        account of, an eligible entity in connection with a project, 
        including the cost of--
                    (A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, permitting, preliminary 
                engineering and design work, and other preconstruction 
                activities;
                    (B) construction, reconstruction, rehabilitation, 
                replacement, and acquisition of real property 
                (including land related to the project and improvements 
                to land), environment mitigation, construction 
                contingencies, and acquisition of equipment;
                    (C) capitalized interest necessary to meet market 
                requirements, reasonably required reserve funds, 
                capital issuance expenses, and other carrying costs 
                during construction; and
                    (D) reimbursement for costs described in 
                subparagraphs (A) through (C) incurred prior to the 
                date of enactment of this Act.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        corporation, partnership, joint venture, trust, public or 
        investor-owned utility, private entity, government entity, 
        agency, or instrumentality, tribal government, or any other 
        reclamation and reuse entity, as determined by the 
        Administrator.
            (3) Program.--The term ``program'' means the National Water 
        Recycling and Reclamation Program established under this 
        section.
    (c) Eligibility.--
            (1) Project costs.--To be eligible for assistance under the 
        program, a water recycling and reclamation project shall have 
        total eligible costs that are reasonably anticipated to exceed 
        $1,000,000.
            (2) Project sponsor.--To be eligible for assistance under 
        the program, a water recycling and reclamation project shall 
        have a project sponsor that--
                    (A) is an eligible entity;
                    (B) submits to the Administrator an application for 
                the project; and
                    (C) demonstrates a source for non-Federal revenues 
                that is sufficient to satisfy the non-Federal share of 
                the cost of the project.
    (d) Competitive Grant Selection.--
            (1) In general.--The Administrator shall--
                    (A) establish criteria for selecting among projects 
                that meet the eligibility criteria specified in 
                subsection (c);
                    (B) conduct a national solicitation for 
                applications; and
                    (C) award grants on a competitive basis.
            (2) Selection criteria.--The selection criteria shall 
        include the following:
                    (A) The extent to which the project addresses near- 
                and long-term water demand and supply, protects the 
                environment, or otherwise enhances the overall water 
                reclamation and reuse system.
                    (B) The extent to which the project enhances the 
                return on the Federal investment through the production 
                of new, highly renewable water supplies.
                    (C) The likelihood that financial assistance under 
                the program will enable the project to proceed at an 
                earlier date than the project would otherwise be able 
                to proceed.
                    (D) The extent to which the project uses measures 
                that enhance the efficiency of the project.
            (3) Deadlines.--The Administrator shall--
                    (A) publish the selection criteria under paragraph 
                (1) in the Federal Register not later than 90 days 
                after the date of enactment of this Act;
                    (B) require that applications seeking financial 
                assistance under the program be submitted not later 
                than 180 days after the date of publication of the 
                selection criteria under subparagraph (A); and
                    (C) provide notice of approved project applications 
                under the program not later than 1 year after the date 
                of enactment of this Act.
    (e) Federal Share.--The Federal share of the cost of a project 
receiving financial assistance under the program may not exceed 80 
percent.
    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $500,000,000 for each of fiscal years 
        2016 through 2020. Such sums shall remain available until 
        expended.
            (2) Administrative expenses.--From funds made available to 
        carry out this section for a fiscal year, the Administrator may 
        use not to exceed 2 percent of the funds for the costs of 
        administering this section.
    (g) Reports to Congress.--Not later than October 1, 2016, and every 
2 years thereafter, the Administrator shall submit to Congress a report 
summarizing the financial performance of projects that are receiving, 
or have received, assistance under the program.
    (h) Regulations.--The Administrator may issue such regulations as 
the Administrator determines appropriate to carry out this section.
    (i) Failure To Meet Deadline.--If the Administrator does not meet a 
deadline under subsection (d)(3), the Administrator shall transfer all 
funds made available for the program so as to make such funds available 
for the purpose of making capitalization grants for water recycling and 
reclamation projects under the State water pollution revolving loan 
fund program under title VI of the Federal Water Pollution Control Act 
(33 U.S.C. 1381 et seq.) and the State drinking water treatment 
revolving loan fund program under section 1452 of the Safe Drinking 
Water Act (42 U.S.C. 300j-12).

   Subtitle B--Reclamation Infrastructure Finance and Innovation Act 
                                (RIFIA)

SEC. 210. SHORT TITLE; PURPOSES; DEFINITIONS.

    (a) Short Title.--This subtitle may be cited as the ``Reclamation 
Infrastructure Finance and Innovation Act'' or ``RIFIA''.
    (b) Purposes.--The purposes of this subtitle are--
            (1) to promote increased development of critical water 
        resources infrastructure by establishing additional 
        opportunities for financing water resources projects;
            (2) to attract new investment capital to infrastructure 
        projects that are capable of generating revenue streams through 
        user fees or other dedicated funding sources;
            (3) to complement existing Federal funding sources and 
        address budgetary constraints on Bureau of Reclamation 
        programs; and
            (4) to leverage private investment in water resources 
        infrastructure, with the goal of every $100 million in secured 
        loans being leveraged for $1 billion in water in water 
        infrastructure financing.
    (c) Definitions.--In this subtitle:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a corporation;
                    (B) a partnership;
                    (C) a joint venture;
                    (D) a trust;
                    (E) a State or local governmental entity, agency, 
                or instrumentality; and
                    (F) a conservancy district, irrigation district, 
                canal company, mutual water company, water users' 
                association, Indian tribe, agency created by interstate 
                compact, or any other entity that has the capacity to 
                contract with the United States under Federal 
                reclamation law.
            (2) Federal credit instrument.--The term ``Federal credit 
        instrument'' means a secured loan, loan guarantee, or other 
        credit enhancement authorized to be made available under this 
        subtitle with respect to a project.
            (3) Investment-grade rating.--The term ``investment-grade 
        rating'' means a rating of BBB minus, Baa3, bbb minus, BBB 
        (low), or higher as assigned by a rating agency to project 
        obligations.
            (4) Lender.--
                    (A) In general.--The term ``lender'' means any non-
                Federal qualified institutional buyer (as defined in 
                section 230.144A(a) of title 17, Code of Federal 
                Regulations (or a successor regulation) (commonly known 
                as ``Rule 144A(a) of the Securities and Exchange 
                Commission'' and issued under the Securities Act of 
                1933 (15 U.S.C. 77a et seq.))).
                    (B) Inclusions.--The term ``lender'' includes--
                            (i) a qualified retirement plan (as defined 
                        in section 4974 of the Internal Revenue Code of 
                        1986) that is a qualified institutional buyer; 
                        and
                            (ii) a governmental plan (as defined in 
                        section 414 of the Internal Revenue Code of 
                        1986) that is a qualified institutional buyer.
            (5) Loan guarantee.--The term ``loan guarantee'' means any 
        guarantee or other pledge by the Secretary to pay all or part 
        of the principal of, and interest on, a loan or other debt 
        obligation issued by an obligor and funded by a lender.
            (6) Obligor.--The term ``obligor'' means an eligible entity 
        that is primarily liable for payment of the principal of, or 
        interest on, a Federal credit instrument.
            (7) Project obligation.--
                    (A) In general.--The term ``project obligation'' 
                means any note, bond, debenture, or other debt 
                obligation issued by an obligor in connection with the 
                financing of a project.
                    (B) Exclusion.--The term ``project obligation'' 
                does not include a Federal credit instrument.
            (8) Rating agency.--The term ``rating agency'' means a 
        credit rating agency registered with the Securities and 
        Exchange Commission as a nationally recognized statistical 
        rating organization (as defined in section 3(a) of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
            (9) Reclamation state.--The term ``Reclamation State'' 
        means any of the States of--
                    (A) Arizona;
                    (B) California;
                    (C) Colorado;
                    (D) Idaho;
                    (E) Kansas;
                    (F) Montana;
                    (G) Nebraska;
                    (H) Nevada;
                    (I) New Mexico;
                    (J) North Dakota;
                    (K) Oklahoma;
                    (L) Oregon;
                    (M) South Dakota;
                    (N) Texas;
                    (O) Utah;
                    (P) Washington; and
                    (Q) Wyoming.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) Secured loan.--The term ``secured loan'' means a 
        direct loan or other debt obligation issued by an obligor and 
        funded by the Secretary in connection with the financing of a 
        project under chapter 1.
            (12) Subsidy amount.--The term ``subsidy amount'' means the 
        amount of budget authority sufficient to cover the estimated 
        long-term cost to the Federal Government of a Federal credit 
        instrument, as calculated on a net present value basis, 
        excluding administrative costs and any incidental effects on 
        Governmental receipts or outlays in accordance with the Federal 
        Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
            (13) Substantial completion.--The term ``substantial 
        completion'', with respect to a project, means the earliest 
        date on which a project is considered to perform the functions 
        for which the project is designed.

                    CHAPTER 1--INNOVATIVE FINANCING

SEC. 211. PURPOSES.

    The purposes of this chapter are--
            (1) to promote increased development of critical water 
        resources infrastructure by establishing additional 
        opportunities for financing water resources projects;
            (2) to attract new investment capital to infrastructure 
        projects that are capable of generating revenue streams through 
        user fees or other dedicated funding sources;
            (3) to complement existing Federal funding sources and 
        address budgetary constraints on Bureau of Reclamation 
        programs; and
            (4) to leverage private investment in water resources 
        infrastructure.

SEC. 212. AUTHORITY TO PROVIDE ASSISTANCE.

    (a) In General.--The Secretary may provide financial assistance to 
an eligible entity under this chapter to carry out projects within--
            (1) any Reclamation State;
            (2) any other State in which the Bureau of Reclamation is 
        authorized to provide project assistance; and
            (3) the States of Alaska and Hawaii.
    (b) Selection.--In selecting projects to receive financial 
assistance under subsection (a), the Secretary shall ensure diversity 
with respect to--
            (1) project types; and
            (2) geographical locations.

SEC. 213. APPLICATIONS.

    To be eligible to receive assistance under this chapter, an 
eligible entity shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the Secretary 
may require.

SEC. 214. ELIGIBILITY FOR ASSISTANCE.

    (a) Eligible Projects.--The following projects may be carried out 
using assistance made available under this chapter:
            (1) A project for the reclamation and reuse of municipal, 
        industrial, domestic, and agricultural wastewater, and 
        naturally impaired ground, which the Secretary, acting through 
        the Commissioner of Reclamation, is authorized to undertake.
            (2) Any water infrastructure project not specifically 
        authorized by law that--
                    (A) the Secretary determines, through the 
                completion of an appraisal investigation and 
                feasibility study, would contribute to a safe, adequate 
                water supply for domestic, agricultural, environmental, 
                or municipal and industrial use; and
                    (B) is otherwise eligible for assistance under this 
                chapter.
            (3) A new water infrastructure facility project, including 
        a water conduit, pipeline, canal, pumping, power, and 
        associated facilities.
            (4) A project for enhanced energy efficiency in the 
        operation of a water system.
            (5) A project for accelerated repair and replacement of an 
        aging water distribution facility.
            (6) A brackish or sea water desalination project.
            (7) Acquisition of real property or an interest in real 
        property for water storage, reclaimed or recycled water, or 
        wastewater, if the acquisition is integral to a project 
        described in paragraphs (1) through (6).
            (8) A combination of projects, each of which is eligible 
        under paragraphs (1) through (7), for which an eligible entity 
        submits a single application.
    (b) Activities Eligible for Assistance.--For purposes of this 
chapter, an eligible activity with respect to an eligible project under 
subsection (a) includes the cost of--
            (1) development-phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, permitting, transaction costs, preliminary engineering 
        and design work, and other preconstruction activities;
            (2) construction, reconstruction, rehabilitation, and 
        replacement activities;
            (3) the acquisition of real property (including water 
        rights, land relating to the project, and improvements to 
        land), environmental mitigation, construction contingencies, 
        and acquisition of equipment;
            (4) capitalized interest necessary to meet market 
        requirements, reasonably required reserve funds, capital 
        issuance expenses, and other carrying costs during 
        construction;
            (5) refinancing interim construction funding, long-term 
        project obligations, or a secured loan, loan guarantee, or 
        other credit enhancement made under this chapter;
            (6) reimbursement or success payments to any public or 
        private entity that achieves predetermined outcomes on a pay-
        for-performance or pay-for-success basis; and
            (7) grants, loans, or credit enhancement for community 
        development financial institutions, green banks, and other 
        financial intermediaries providing ongoing finance for projects 
        that meet the purposes of this chapter.

SEC. 215. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.

    (a) Eligibility Requirements.--To be eligible to receive financial 
assistance under this chapter, a project shall meet the following 
criteria, as determined by the Secretary:
            (1) Creditworthiness.--
                    (A) In general.--Subject to subparagraph (B), the 
                project shall be creditworthy, as determined by the 
                Secretary, who shall ensure that any financing for the 
                project has appropriate security features, such as a 
                rate covenant, to ensure repayment.
                    (B) Preliminary rating opinion letter.--The 
                Secretary shall require each applicant to provide a 
                preliminary rating opinion letter from at least 1 
                rating agency indicating that the senior obligations of 
                the project (which may be the Federal credit 
                instrument) have the potential to achieve an 
                investment-grade rating.
            (2) Eligible project costs.--The eligible project costs of 
        a project and other projects in a watershed shall be reasonably 
        anticipated to be not less than $10,000,000.
            (3) Dedicated revenue sources.--The Federal credit 
        instrument for the project shall be repayable from dedicated 
        revenue sources that also secure the project obligations.
            (4) Public sponsorship of private entities.--In the case of 
        a project carried out by an entity that is not a State or local 
        government or an agency or instrumentality of a State or local 
        government, the project shall be publicly sponsored.
    (b) Selection Criteria.--
            (1) Establishment.--The Secretary shall establish criteria 
        for the selection of projects that meet the eligibility 
        requirements of subsection (a), in accordance with paragraph 
        (2).
            (2) Criteria.--The selection criteria shall include the 
        following:
                    (A) The extent to which the project is nationally 
                or regionally significant.
                    (B) The extent to which assistance under this 
                section would foster innovative public-private 
                partnerships and attract private debt or equity 
                investment.
                    (C) The likelihood that assistance under this 
                section would enable the project to proceed at an 
                earlier date than the project would otherwise be able 
                to proceed.
                    (D) The extent to which the project uses new or 
                innovative approaches.
                    (E) The extent to which projects track evidence 
                about the effectiveness of the one or more projects 
                financed and the availability of the evidence and 
                project information to the public to facilitate 
                replication.
                    (F) The amount of budget authority required to fund 
                the Federal credit instrument made available under this 
                chapter.
                    (G) The extent to which the project helps maintain 
                or protect the environment.
                    (H) The extent to which the project supports the 
                local economy and provides local jobs.
            (3) Priority.--The Secretary shall prioritize projects that 
        promote wastewater recycling, agricultural or urban water 
        conservation and efficiency, stormwater capture, or other 
        innovative projects that reduce reliance on surface and 
        groundwater supplies.
    (c) Receipt of Other Federal Funding.--Receipt of a Federal grant 
or contract or other Federal funding to support an eligible project 
shall not preclude the project from being eligible for assistance under 
this chapter.
    (d) Federal Requirements.--Nothing in this section supersedes the 
applicability of other requirements of Federal law (including 
regulations).

SEC. 216. SECURED LOANS.

    (a) Agreements.--
            (1) In general.--Subject to paragraphs (2) through (4), the 
        Secretary may enter into agreements with one or more obligors 
        to make secured loans, the proceeds of which shall be used--
                    (A) to finance eligible project costs of any 
                project selected under section 215;
                    (B) to refinance interim construction financing of 
                eligible project costs of any project selected under 
                section 215; or
                    (C) to refinance long-term project obligations or 
                Federal credit instruments, if that refinancing 
                provides additional funding capacity for the 
                completion, enhancement, or expansion of any project 
                that--
                            (i) is selected under section 215; or
                            (ii) otherwise meets the requirements of 
                        section 215.
            (2) Limitation on refinancing of interim construction 
        financing.--A secured loan under paragraph (1) shall not be 
        used to refinance interim construction financing under 
        paragraph (1)(B) later than 1 year after the date of 
        substantial completion of the applicable project.
            (3) Risk assessment.--Before entering into an agreement 
        under this subsection for a secured loan, the Secretary, in 
        consultation with the Director of the Office of Management and 
        Budget and each rating agency providing a preliminary rating 
        opinion letter under section 215(a)(1)(B), shall determine an 
        appropriate capital reserve subsidy amount for the secured 
        loan, taking into account each such preliminary rating opinion 
        letter.
            (4) Investment-grade rating requirement.--The execution of 
        a secured loan under this section shall be contingent on 
        receipt by the senior obligations of the project of an 
        investment-grade rating.
    (b) Terms and Limitations.--
            (1) In general.--A secured loan provided for a project 
        under this section shall be subject to such terms and 
        conditions, and contain such covenants, representations, 
        warranties, and requirements (including requirements for 
        audits), as the Secretary determines to be appropriate.
            (2) Maximum amount.--The amount of a secured loan under 
        this section shall not exceed the lesser of--
                    (A) an amount equal to 100 percent of the 
                reasonably anticipated eligible project costs; and
                    (B) if the secured loan does not receive an 
                investment-grade rating, the amount of the senior 
                project obligations of the project.
            (3) Payment.--A secured loan under this section--
                    (A) shall be payable, in whole or in part, from 
                State or local taxes, user fees, or other dedicated 
                revenue sources that also secure the senior project 
                obligations of the relevant project;
                    (B) shall include a rate covenant, coverage 
                requirement, or similar security feature supporting the 
                project obligations; and
                    (C) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing project 
                obligations.
            (4) Interest rate.--The interest rate on a secured loan 
        under this section shall be not more than the yield on United 
        States Treasury securities of a similar maturity to the 
        maturity of the secured loan on the date of execution of the 
        loan agreement, as determined by the Secretary.
            (5) Maturity date.--The final maturity date of a secured 
        loan under this section shall be not later than 35 years after 
        the expected date of substantial completion of the relevant 
        project.
            (6) Nonsubordination.--A secured loan under this section 
        shall not be subordinated to the claims of any holder of 
        project obligations in the event of bankruptcy, insolvency, or 
        liquidation of the obligor of the project.
            (7) Fees.--The Secretary may establish fees under section 
        217(b) at a level sufficient to cover all or a portion of the 
        costs to the Federal Government of making a secured loan under 
        this section.
            (8) Non-federal share.--The proceeds of a secured loan 
        under this section may be used to pay any non-Federal share of 
        project costs required if the loan is repayable from non-
        Federal funds.
    (c) Repayment.--
            (1) Schedule.--The Secretary shall establish a repayment 
        schedule for each secured loan provided under this section, 
        based on the projected cash flow from project revenues and 
        other repayment sources.
            (2) Commencement.--Scheduled loan repayment of principal or 
        interest on a secured loan under this section shall commence 
        not later than 5 years after the date of substantial completion 
        of the project.
            (3) Deferred payments.--
                    (A) Authorization.--If, at any time after the date 
                of substantial completion of a project for which a 
                secured loan is provided under this section, the 
                project is unable to generate sufficient revenues to 
                pay the scheduled loan repayments of principal and 
                interest on the secured loan, the Secretary may allow 
                the obligor, subject to subparagraph (C), to add unpaid 
                principal and interest to the outstanding balance of 
                the secured loan.
                    (B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                            (i) continue to accrue interest in 
                        accordance with subsection (b)(4) until fully 
                        repaid; and
                            (ii) be scheduled to be amortized over the 
                        remaining term of the secured loan.
                    (C) Criteria.--
                            (i) In general.--Any payment deferral under 
                        subparagraph (A) shall be contingent on the 
                        project meeting such criteria as the Secretary 
                        may establish.
                            (ii) Repayment standards.--The criteria 
                        established under clause (i) shall include 
                        standards for reasonable assurance of 
                        repayment.
            (4) Prepayment.--
                    (A) Use of excess revenues.--Any excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and secured 
                loan and all deposit requirements under the terms of 
                any trust agreement, bond resolution, or similar 
                agreement securing project obligations may be applied 
                annually to prepay a secured loan under this section 
                without penalty.
                    (B) Use of proceeds of refinancing.--A secured loan 
                under this section may be prepaid at any time without 
                penalty from the proceeds of refinancing from non-
                Federal funding sources.
    (d) Sale of Secured Loans.--
            (1) In general.--Subject to paragraph (2), as soon as 
        practicable after the date of substantial completion of a 
        project and after providing a notice to the obligor, the 
        Secretary may sell to another entity or reoffer into the 
        capital markets a secured loan for a project under this 
        section, if the Secretary determines that the sale or 
        reoffering can be made on favorable terms.
            (2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Secretary may not change the original 
        terms and conditions of the secured loan without the written 
        consent of the obligor.
    (e) Loan Guarantees.--
            (1) In general.--The Secretary may provide a loan guarantee 
        to a lender in lieu of making a secured loan under this 
        section, if the Secretary determines that the budgetary cost of 
        the loan guarantee is substantially the same as that of a 
        secured loan.
            (2) Terms.--The terms of a loan guarantee provided under 
        this subsection shall be consistent with the terms established 
        in this section for a secured loan, except that the rate on the 
        guaranteed loan and any prepayment features shall be negotiated 
        between the obligor and the lender, with the consent of the 
        Secretary.

SEC. 217. PROGRAM ADMINISTRATION.

    (a) Requirement.--The Secretary shall establish a uniform system to 
service the Federal credit instruments made available under this 
chapter.
    (b) Capital Reserve Fund.--
            (1) In general.--There is hereby established in the 
        Treasury of the United States the Reclamation Loan Finance 
        Capital Reserve Fund, which shall be available for deposit of 
        capital reserve fees provided for under this subsection. 
        Amounts deposited shall be credited as offsetting collections.
            (2) Capital reserve fees.--To the extent required by 
        appropriations Acts, the Secretary may assess, collect, and 
        spend capital reserve fees at a level that is sufficient to 
        cover--
                    (A) the costs of services of expert firms retained 
                pursuant to subsection (d); and
                    (B) all or a portion of the costs to the Federal 
                Government of servicing the Federal credit instruments 
                provided under this chapter, including all or a portion 
                of the outlays associated with the provision of the 
                Federal credit instruments under this chapter.
            (3) Determination of fee amounts.--The capital reserve fees 
        shall be established at amounts that will result in the 
        collection, during each fiscal year, of an amount that can be 
        reasonably expected to equal the outlays associated with the 
        provision of the Federal credit instruments under this chapter.
    (c) Servicer.--
            (1) In general.--The Secretary may appoint a financial 
        entity to assist the Secretary in servicing the Federal credit 
        instruments provided under this chapter.
            (2) Duties.--A servicer appointed under paragraph (1) shall 
        act as the agent for the Secretary.
            (3) Fee.--A servicer appointed under paragraph (1) shall 
        receive a servicing fee, subject to approval by the Secretary.
    (d) Assistance From Experts.--The Secretary may retain the 
services, including counsel, of any organization or entity with 
expertise in the field of municipal and project finance to assist in 
the underwriting and servicing of Federal credit instruments provided 
under this chapter.
    (e) Loan Coordination; Interagency Cooperation.--The Secretary--
            (1) shall coordinate implementation of loan guarantees 
        under this section with the Administrator to avoid duplication 
        and enhance the effectiveness of implementation of the State 
        revolving funds established under the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.) and the Safe Drinking 
        Water Act (42 U.S.C. 300f et seq.);
            (2) shall consult with the Secretary of Agriculture before 
        promulgating criteria with respect to financial appraisal 
        functions and loan guarantee administration for activities 
        carried out under this chapter; and
            (3) may enter into a memorandum of agreement providing for 
        Department of Agriculture financial appraisal functions and 
        loan guarantee administration for activities carried out under 
        this chapter.

SEC. 218. STATE AND LOCAL PERMITS.

    The provision of financial assistance for a project under this 
chapter shall not--
            (1) relieve any recipient of the assistance of any 
        obligation to obtain any required State or local permit or 
        approval with respect to the project;
            (2) limit the right of any unit of State or local 
        government to approve or regulate any rate of return on private 
        equity invested in the project; or
            (3) otherwise supersede any State or local law (including 
        any regulation) applicable to the construction or operation of 
        the project.

SEC. 219. REGULATIONS.

    The Secretary may promulgate such regulations as the Secretary 
determines to be appropriate to carry out this chapter.

SEC. 220. FUNDING.

    (a) In General.--There is authorized to be appropriated to the 
Secretary to carry out this chapter $100,000,000 for each of fiscal 
years 2015 through 2019, to remain available until expended.
    (b) Administrative Costs.--Of the funds made available to carry out 
this chapter, the Secretary may use for the administration of this 
chapter not more than $2,200,000 for each of fiscal years 2015 through 
2019.

SEC. 221. REPORT TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, and 
every 2 years thereafter, the Secretary shall submit to the Committee 
on Energy and Natural Resources of the Senate and the Committee on 
Natural Resources of the House of Representatives a report summarizing 
the financial performance and on-the-ground outcomes of the projects 
that are receiving, or have received, assistance under this chapter, 
including an assessment of whether the objectives of this chapter are 
being met.

   CHAPTER 2--INTEGRATED REGIONAL WATER MANAGEMENT, RECLAMATION, AND 
                           RECYCLING PROJECTS

SEC. 231. WATER STORAGE PROJECTS.

    (a) Agreements.--The Secretary may enter into a cost-shared 
financial assistance agreement with any non-Federal entity in a 
Reclamation State or the State of Hawaii to carry out the planning, 
design, and construction of any permanent water storage and conveyance 
facility used solely to regulate and maximize the water supply arising 
from a project that is eligible for assistance under this chapter or 
any other provision of law, including recycled water projects not 
congressionally authorized--
            (1) to recycle wastewater or ground water; or
            (2) to use integrated and coordinated water management on a 
        watershed or regional scale.
    (b) Financial Assistance.--In providing financial assistance under 
this section, the Secretary shall give priority to storage and 
conveyance components that--
            (1) ensure the efficient and beneficial use of water or 
        reuse of the recycled water;
            (2) make maximum use of natural systems;
            (3) consistent with Secretarial Order No. 3297, dated 
        February 22, 2010, support sustainable water management 
        practices and the water sustainability objectives of one or 
        more offices of the Department of the Interior or any other 
        Federal agency;
            (4)(A) increase the availability of usable water supplies 
        in a watershed or region to benefit people, the economy, and 
        the environment; and
            (B) include adaptive measures needed to address climate 
        change and future demands;
            (5) where practicable--
                    (A) provide flood control or recreation benefits; 
                and
                    (B) include the development of incremental 
                hydroelectric power generation;
            (6) include partnerships that go beyond political and 
        institutional jurisdictions to support the efficient use of the 
        limited water resources of the United States and the applicable 
        region;
            (7) generate environmental benefits, such as benefits to 
        fisheries, wildlife and habitat, and water quality and water-
        dependent ecological systems, as well as water supply benefits 
        to agricultural and urban water users; and
            (8) the financing of which leverages private and other non-
        Federal resources.
    (c) Federal Share.--The Federal share of the cost of a project 
carried out under subsection (a) shall be--
            (1) equal to the lesser of--
                    (A) 50 percent of total cost of the project; and
                    (B) $15,000,000, adjusted for inflation; and
            (2) nonreimbursable.
    (d) Non-Federal Share.--The non-Federal share of the cost of a 
project carried out under subsection (a) may include in-kind 
contributions to the planning, design, and construction of a project.
    (e) Title and Costs.--A non-Federal entity entering into a 
financial assistance agreement under this section shall--
            (1) hold title to all facilities constructed under this 
        section; and
            (2) be solely responsible for the costs of operating and 
        maintaining those facilities.
    (f) Approval.--The Secretary may enter into a financial assistance 
agreement under this section, if--
            (1) the Secretary notifies Congress of the proposed 
        agreement at least 90 days before the date on which the 
        Secretary enters into the agreement; and
            (2) Congress does not pass a joint resolution disapproving 
        the agreement before such date.

SEC. 232. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $700,000,000 to carry out 
this chapter.

             CHAPTER 3--RECLAMATION TITLE TRANSFER PROGRAM

SEC. 241. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This chapter may be cited as the ``Reclamation 
Title Transfer Act of 2015''.
    (b) Definitions.--In this chapter:
            (1) Conveyed property.--The term ``conveyed property'' 
        means an eligible facility that has been conveyed to a 
        qualifying entity under section 242(b)(1).
            (2) Eligible facility.--
                    (A) In general.--The term ``eligible facility'' 
                means a reclamation project or facility, or a portion 
                of a reclamation project or facility, for which the 
                United States holds title and that meets the criteria 
                for potential transfer established under section 
                244(a).
                    (B) Inclusions.--The term ``eligible facility'' 
                includes dams and appurtenant works, infrastructure, 
                recreational facilities, buildings, distribution and 
                drainage works, and associated land or interests in 
                land or water.
            (3) Qualifying entity.--The term ``qualifying entity'' 
        means a State, unit of local government, Indian tribe, 
        municipal corporation, quasi-municipal corporation, or other 
        entity (such as a water district) that, as determined by the 
        Secretary, has the capacity to continue to manage the conveyed 
        property for the same purposes that the conveyed property has 
        been managed for under the reclamation laws.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of the Bureau 
        of Reclamation.

SEC. 242. AUTHORIZATION OF TITLE TRANSFER PROGRAM.

    (a) Establishment of Title Transfer Program.--The Secretary may 
establish a program that--
            (1) identifies and analyzes the potential for public 
        benefits from the transfer out of Federal ownership of eligible 
        facilities, including analyses of the financial, operational, 
        and environmental characteristics of the eligible facilities 
        proposed for transfer; and
            (2) facilitates the transfer to qualifying entities of the 
        title to eligible facilities to promote more efficient 
        management of water and water-related facilities.
    (b) Authorization To Transfer Title to Eligible Facilities.--
            (1) In general.--The Secretary may convey to a qualifying 
        entity all right, title, and interest of the United States in 
        and to any eligible facility, subject to paragraphs (2) through 
        (6), if--
                    (A) the Secretary notifies Congress in writing of 
                the proposed conveyance at least 90 days before the 
                date on which the Secretary makes the conveyance; and
                    (B) Congress does not pass a joint resolution 
                disapproving the conveyance before such date.
            (2) Right of first refusal.--If the entity that operates an 
        eligible facility at the time that the Secretary attempts to 
        facilitate the transfer of title under subsection (a)(2) is a 
        qualifying entity, that entity shall have the right of first 
        refusal to receive the conveyance under paragraph (1).
            (3) Reservation of easement.--The Secretary may reserve an 
        easement over a conveyed property if the Secretary determines 
        that the easement is necessary for the management of any 
        interests retained by the Federal Government under this 
        chapter.
            (4) Mineral interests.--
                    (A) Retention.--The Secretary shall retain any 
                mineral interests associated with a conveyed property.
                    (B) Management.--The mineral interests retained 
                under subparagraph (A) shall be managed--
                            (i) consistent with Federal law; and
                            (ii) in a manner that would not interfere 
                        with the purposes for which the reclamation 
                        project was authorized.
            (5) Interests in water.--No interests in water shall be 
        conveyed under this chapter unless the conveyance is provided 
        for in writing in an agreement between the Secretary and the 
        qualifying entity.
            (6) Additional criteria.--Title transfers under this 
        section shall be carried out consistent with--
                    (A) this chapter; and
                    (B) any additional criteria or procedures that the 
                Secretary determines to be in the public interest.
    (c) Restrictions on Use.--As a condition of obtaining title to an 
eligible facility, the qualifying entity shall agree to use the 
eligible facility for substantially the same purposes the eligible 
facility is being used for during the period in which the eligible 
facility was under reclamation ownership.

SEC. 243. COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS.

    (a) In General.--Before conveying eligible facilities under this 
chapter, the Secretary shall complete all actions required under all 
applicable laws, including--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.); and
            (3) the National Historic Preservation Act (16 U.S.C. 470 
        et seq.).
    (b) Limitation on Conveyances.--The Secretary may not convey an 
eligible facility under this chapter if the Secretary determines, as 
part of a review conducted under the National Environmental Policy Act 
of 1969 and with public input, that making the conveyance will lessen 
any of the protections afforded under the laws referred to in 
subsection (a) or is inconsistent with other applicable requirements to 
preserve and protect environmental, cultural, and historic assets.

SEC. 244. ELIGIBILITY CRITERIA.

    (a) Establishment.--The Secretary shall establish criteria for 
determining whether facilities are eligible for conveyance under this 
chapter.
    (b) Minimum Requirements.--
            (1) Agreement of qualifying entity.--The criteria 
        established under subsection (a) shall include a requirement 
        that a qualifying entity agree--
                    (A) to accept title to the eligible facility;
                    (B) to accept all liability for the eligible 
                facility, except as otherwise provided in section 245;
                    (C) to use the eligible facility for substantially 
                the same purposes the eligible facility is being used 
                for at the time the Secretary evaluates the potential 
                transfer; and
                    (D) to provide, as consideration for the assets to 
                be conveyed, compensation to the United States in an 
                amount that is the equivalent of the net present value 
                of any repayment obligation to the United States or 
                other income stream the United States derives from the 
                eligible facility to be transferred as of the date of 
                the transfer, including any costs previously deemed 
                beyond the irrigator's ability to pay and reassigned to 
                project power customers for repayment.
            (2) Determinations of secretary.--
                    (A) In general.--The criteria established under 
                subsection (a) shall include a requirement that the 
                Secretary, in consultation with the Governor of any 
                State in which the project is located, determine that 
                the proposed transfer--
                            (i) would not have an unmitigated 
                        significant effect on the environment;
                            (ii) is uncomplicated, based on, as 
                        determined by the Secretary--
                                    (I) there being no significant 
                                opposition to the proposed transfer;
                                    (II) the eligible facility not 
                                being hydrologically, operationally, or 
                                financially integrated with other 
                                Federal or non-Federal water projects;
                                    (III) the eligible facility not 
                                generating electric power sold to, or 
                                eligible to be sold to, power customers 
                                (other than the project itself); and
                                    (IV) the parties to the transfer 
                                being able to reach agreement on legal, 
                                institutional, and financial 
                                arrangements relating to the 
                                conveyance;
                            (iii) is consistent with the responsibility 
                        of the Secretary--
                                    (I) to protect land and water 
                                resources held in trust for federally 
                                recognized Indian tribes; and
                                    (II) to ensure compliance with any 
                                applicable international treaties and 
                                interstate compacts; and
                            (iv) is in the financial interest of the 
                        United States.
                    (B) Publication.--The Secretary shall make 
                publically available information on how the Secretary 
                made the determinations under subparagraph (A).
            (3) Status of reclamation land.--The criteria established 
        under subsection (a) shall require that any land to be conveyed 
        out of Federal ownership under this Act is--
                    (A) land acquired by the Secretary; or
                    (B) land withdrawn by the Secretary, only if--
                            (i) the Secretary determines in writing 
                        that the withdrawn land is encumbered by 
                        reclamation project facilities to the extent 
                        that the withdrawn land is unsuitable for 
                        return to the public domain; and
                            (ii) the qualifying entity agrees to pay 
                        fair market value for the withdrawn land to be 
                        conveyed.

SEC. 245. LIABILITY.

    (a) In General.--Except as provided in subsection (b), effective 
beginning on the date of conveyance of any eligible facility under this 
chapter, the United States shall not be liable under any law for 
damages of any kind arising out of any act, omission, or occurrence 
based on the prior ownership or operation of the conveyed property.
    (b) Limitation.--Notwithstanding subsection (a), the United States 
shall retain the responsibilities and authorities of the United States 
for a conveyed property based on the prior ownership or operation of 
the conveyed property by the United States under Federal environmental 
laws, including the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

SEC. 246. BENEFITS.

    After a conveyance of an eligible facility under this chapter--
            (1) the conveyed property shall no longer be considered to 
        be a part of a reclamation project; and
            (2) the entity to which the conveyed property is conveyed 
        shall not be eligible to receive any benefits with respect to 
        the conveyed property (including project power), except for 
        benefits that would be available to a similarly situated entity 
        with respect to property that is not part of a reclamation 
        project.

SEC. 247. COMPLIANCE WITH OTHER LAWS.

    (a) In General.--After a conveyance of title under this chapter, 
the qualifying entity to which the property is conveyed shall comply 
with all applicable Federal, State, and local laws (including 
regulations) in the operation of the conveyed property.
    (b) Effect.--
            (1) In general.--Nothing in this chapter shall affect or 
        interfere with--
                    (A) the laws of any State relating to the control, 
                appropriation, use, or distribution of water used in 
                irrigation or for any other purpose;
                    (B) any vested right acquired under State law; or
                    (C) any interstate compact, decree, or negotiated 
                water rights agreement.
            (2) Conformity with state law.--In carrying out this 
        chapter, the Secretary shall proceed in conformity with the 
        State laws and rights acquired under State law described in 
        paragraph (1).

SEC. 248. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this chapter such sums as are necessary.
    (b) Use of Amounts.--Amounts made available under subsection (a) 
may be used--
            (1) to carry out the investigations to carry out this 
        chapter; and
            (2) to pay any other costs associated with conveyances 
        under this chapter, including an appropriate Federal share of 
        the costs of compliance with the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable law.
    (c) Not Treated as Project Costs.--Expenditures made by the 
Secretary under this chapter--
            (1) shall not be a project cost assignable to a reclamation 
        project; and
            (2) shall be nonreimbursable.

SEC. 249. TERMINATION OF AUTHORITY.

    The authority of the Secretary to carry out conveyances under this 
chapter shall terminate 15 years after the date of enactment of this 
Act.

           Subtitle C--Innovative Stormwater Capture Program

SEC. 251. SHORT TITLE.

    This subtitle may be cited as the ``Innovative Stormwater 
Infrastructure Act of 2015''.

SEC. 252. PURPOSES AND FINDINGS.

    Congress finds that--
            (1) many water resources in the United States are 
        declining, particularly in urban and agricultural areas;
            (2) the decline of water resources is the result of--
                    (A) an increase in population, water consumption, 
                and impermeable surfaces; and
                    (B) the negative effects of urbanization, 
                commercial and industrial activities, and increasing 
                and persistent droughts;
            (3) an October 2008 study by the National Research Council 
        found that some of the benefits of innovative stormwater 
        control infrastructure include--
                    (A) increased water supplies;
                    (B) the creation of jobs;
                    (C) cost savings; and
                    (D) a reduction of stormwater runoff, surface water 
                discharge, stormwater pollution, and stormwater flows 
                to protect and restore natural hydrology, meeting local 
                conditions to the maximum extent feasible; and
            (4) capturing stormwater runoff in urban and suburban areas 
        of the State of California can increase water supplies by over 
        600,000 acre-feet annually, and similar benefits are achievable 
        in the urban and suburban areas of other States.

SEC. 253. DEFINITIONS.

    In this subtitle:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Center.--The term ``center'' means a center of 
        excellence for innovative stormwater control infrastructure 
        established under section 4(a).
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, tribal, or local government; or
                    (B) a local, regional, or other entity that manages 
                stormwater, drinking water resources, or wastewater 
                resources.
            (4) Eligible institution.--
                    (A) In general.--The term ``eligible institution'' 
                means an institution of higher education (as defined in 
                section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001)), or a research institution, that has 
                demonstrated excellence in innovative stormwater 
                control infrastructure by--
                            (i) conducting research on innovative 
                        stormwater control infrastructure to determine 
                        the means by which innovative infrastructure 
                        reduces stormwater runoff, enhances and 
                        protects drinking water sources, and improves 
                        water quality;
                            (ii) developing and disseminating 
                        information regarding the means by which an 
                        organization can use innovative stormwater 
                        control infrastructure;
                            (iii) providing technical assistance to an 
                        organization for an innovative stormwater 
                        control infrastructure project;
                            (iv) developing best practices standards 
                        for innovative stormwater control 
                        infrastructure;
                            (v) providing job training relating to 
                        innovative stormwater control infrastructure;
                            (vi) developing course curricula for--
                                    (I) elementary schools (as defined 
                                in section 9101 of the Elementary and 
                                Secondary Education Act of 1965 (20 
                                U.S.C. 7801));
                                    (II) secondary schools (as defined 
                                in that section);
                                    (III) institutions of higher 
                                education (as defined in section 101 of 
                                the Higher Education Act of 1965 (20 
                                U.S.C. 1001)); or
                                    (IV) vocational schools;
                            (vii) training students regarding 
                        innovative stormwater control infrastructure; 
                        or
                            (viii) providing information to the Federal 
                        Government or State, tribal, and local 
                        governments regarding the implementation of 
                        innovative stormwater control infrastructure.
                    (B) Associated definition.--For purposes of 
                subparagraph (A), the term ``research institution'' 
                means an entity that is--
                            (i) described in section 501(c)(3) of the 
                        Internal Revenue Code of 1986;
                            (ii) exempt from tax under section 501(a) 
                        of the Internal Revenue Code of 1986; and
                            (iii) organized and operated for research 
                        purposes.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 518(h) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1377(h)).
            (6) State.--The term ``State'' means--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the Federated States of Micronesia;
                    (H) the Republic of the Marshall Islands;
                    (I) the Republic of Palau; and
                    (J) the United States Virgin Islands.
            (7) Innovative stormwater control infrastructure.--
                    (A) In general.--The term ``innovative stormwater 
                control infrastructure'' means any green infrastructure 
                stormwater management technique that--
                            (i) uses natural systems or engineered 
                        systems that mimic natural processes to 
                        infiltrate, evapotranspire, or capture 
                        stormwater; and
                            (ii) preserves, enhances, or mimics natural 
                        hydrology to protect or restore water quality.
                    (B) Inclusions.--The term ``innovative stormwater 
                control infrastructure'' includes--
                            (i) methods that promote absorption, 
                        uptake, percolation, evapotranspiration, and 
                        filtration by soil and plant life; and
                            (ii) the preservation or restoration of--
                                    (I) natural topography, including 
                                hills, plains, ravines, and shorelines;
                                    (II) interconnected networks of 
                                natural land that protect essential 
                                ecological functions critical for water 
                                quality;
                                    (III) ecological function, 
                                including forests, grasslands, and 
                                deserts;
                                    (IV) bodies of water, including 
                                lakes, flood plains, headwaters, and 
                                wetlands; and
                                    (V) native soil characteristics of 
                                composition, structure, and 
                                transmissivity.

SEC. 254. CENTERS OF EXCELLENCE FOR INNOVATIVE STORMWATER CONTROL 
              INFRASTRUCTURE.

    (a) Establishment of Centers.--
            (1) In general.--The Administrator shall provide grants, on 
        a competitive basis, to eligible institutions to establish and 
        maintain not less than 3, and not more than 5, centers of 
        excellence for innovative stormwater control infrastructure, to 
        be located in various regions throughout the United States.
            (2) General operation.--Each center shall--
                    (A) conduct research on innovative stormwater 
                control infrastructure that is relevant to the 
                geographical region in which the center is located, 
                including stormwater and sewer overflow reduction, 
                other approaches to water resource enhancement, and 
                other environmental, economic, and social benefits;
                    (B) develop manuals and establish industry 
                standards on best management practices relating to 
                State, tribal, local, and commercial innovative 
                stormwater control infrastructure for use by State, 
                tribal, and local governments and the private sector;
                    (C) develop and administer testing and evaluation 
                protocols to measure and verify the performance of 
                stormwater infrastructure products and practices;
                    (D) provide information regarding research 
                conducted under subparagraph (A), manuals developed 
                under subparagraph (B), and testing and evaluation 
                performed under subparagraph (C) to the national 
                electronic clearinghouse center for publication on the 
                Internet website established under subsection (c) to 
                provide to the Federal Government and State, tribal, 
                and local governments and the private sector 
                information regarding innovative stormwater control 
                infrastructure;
                    (E) provide technical assistance to State, tribal, 
                and local governments to assist with the construction, 
                operation, and maintenance of innovative stormwater 
                control infrastructure projects;
                    (F) collaborate with institutions of higher 
                education and private and public organizations in the 
                geographical region in which the center is located on 
                innovative stormwater control infrastructure research 
                and technical assistance projects;
                    (G) assist institutions of higher education, 
                secondary schools, and vocational schools to develop 
                innovative stormwater control infrastructure curricula;
                    (H) provide training regarding innovative 
                stormwater control infrastructure to institutions of 
                higher education and professional schools;
                    (I) evaluate regulatory and policy issues relating 
                to innovative stormwater control infrastructure; and
                    (J) coordinate with the other centers to avoid 
                duplication of efforts.
    (b) Application.--To be eligible to receive a grant under this 
section, an eligible institution shall prepare and submit to the 
Administrator an application at such a time, in such form, and 
containing such information as the Administrator may require.
    (c) National Electronic Clearinghouse Center.--Of the centers 
established under subsection (a)(1), one shall--
            (1) be designated as the ``national electronic 
        clearinghouse center''; and
            (2) in addition to the other functions of that center--
                    (A) develop, operate, and maintain an Internet 
                website and a public database that contains information 
                relating to innovative stormwater control 
                infrastructure; and
                    (B) post to the website information from all 
                centers.

SEC. 255. INNOVATIVE STORMWATER CONTROL INFRASTRUCTURE PROJECT GRANTS.

    (a) Grant Authority.--The Administrator shall provide grants, on a 
competitive basis, to eligible entities to carry out innovative 
stormwater control infrastructure projects in accordance with this 
section.
    (b) Innovative Stormwater Control Infrastructure Projects.--
            (1) Planning and development grants.--The Administrator may 
        make planning and development grants under this section for the 
        following projects:
                    (A) Planning and designing innovative stormwater 
                control infrastructure projects, including engineering 
                surveys, landscape plans, maps, and implementation 
                plans.
                    (B) Identifying and developing standards and 
                revisions to local zoning, building, or other local 
                codes necessary to accommodate innovative stormwater 
                control infrastructure projects.
                    (C) Identifying and developing fee structures to 
                provide financial support for design, installation, and 
                operations and maintenance of innovative stormwater 
                control infrastructure.
                    (D) Developing training and educational materials 
                regarding innovative stormwater control infrastructure 
                for distribution to--
                            (i) individuals and entities with 
                        applicable technical knowledge; and
                            (ii) the public.
                    (E) Developing an innovative stormwater control 
                infrastructure portfolio standard program described in 
                section 6(e).
            (2) Implementation grants.--The Administrator may make 
        implementation grants under this section for the following 
        projects:
                    (A) Installing innovative stormwater control 
                infrastructure.
                    (B) Protecting or restoring interconnected networks 
                of natural areas that protect water quality.
                    (C) Monitoring and evaluating the environmental, 
                economic, or social benefits of innovative stormwater 
                control infrastructure.
                    (D) Implementing a best practices standard for an 
                innovative stormwater control infrastructure program.
                    (E) Implementing an innovative stormwater control 
                infrastructure portfolio standard program described in 
                section 6(e).
    (c) Application.--Except as otherwise provided in this Act, to be 
eligible to receive a grant under this section, an eligible entity 
shall prepare and submit to the Administrator an application at such 
time, in such form, and containing such information as the 
Administrator may require, including, as applicable--
            (1) a description of the innovative stormwater control 
        infrastructure project;
            (2) a plan for monitoring the impacts of the innovative 
        stormwater control infrastructure project on the water quality 
        and quantity;
            (3) an evaluation of other environmental, economic, and 
        social benefits of the innovative stormwater control 
        infrastructure project; and
            (4) a plan for the long-term operation and maintenance of 
        the innovative stormwater control infrastructure project.
    (d) Additional Requirement for Innovative Stormwater Control 
Infrastructure Portfolio Standard Project.--In addition to an 
application under subsection (c), a State or Indian tribe applying for 
a grant for an innovative stormwater control infrastructure portfolio 
standard program described in section 6(e) shall prepare and submit to 
the Administrator a schedule of increasing minimum percentages of the 
annual water to be managed using innovative stormwater control 
infrastructure under the program.
    (e) Priority.--In making grants under this section, the 
Administrator shall give priority to applications submitted on behalf 
of--
            (1) a community that--
                    (A) has combined storm and sanitary sewers in the 
                collection system of the community; or
                    (B) is a low-income or disadvantaged community, as 
                determined by the Administrator; or
            (2) an eligible entity that will use not less than 10 
        percent of the grant to provide service to a low-income or 
        disadvantaged community, as determined by the Administrator.
    (f) Maximum Amounts.--
            (1) Planning and development grants.--
                    (A) Single grant.--The amount of a single planning 
                and development grant provided under this section shall 
                be not more than $200,000.
                    (B) Aggregate amount.--The total amount of all 
                planning and development grants provided under this 
                section for a fiscal year shall be not more than \1/3\ 
                of the total amount made available to carry out this 
                section.
            (2) Implementation grants.--
                    (A) Single grant.--The amount of a single 
                implementation grant provided under this section shall 
                be not more than $3,000,000.
                    (B) Aggregate amount.--The total amount of all 
                implementation grants provided under this section for a 
                fiscal year shall be not more than \2/3\ of the total 
                amount made available to carry out this section.
    (g) Federal Share.--
            (1) In general.--Except as provided in paragraph (3), the 
        Federal share of a grant provided under this section shall not 
        exceed 65 percent of the total project cost.
            (2) Credit for implementation grants.--The Administrator 
        shall credit toward the non-Federal share of the cost of an 
        implementation project carried out under this section the cost 
        of planning, design, and construction work completed for the 
        project using funds other than funds provided under this Act.
            (3) Exception.--The Administrator may waive the Federal 
        share limitation under paragraph (1) for an eligible entity 
        that has adequately demonstrated financial need.

SEC. 256. ENVIRONMENTAL PROTECTION AGENCY INNOVATIVE STORMWATER CONTROL 
              INFRASTRUCTURE PROMOTION.

    (a) In General.--The Administrator shall ensure that the Office of 
Water, the Office of Enforcement and Compliance, the Office of Research 
and Development, and the Office of Policy of the Environmental 
Protection Agency promote the use of innovative stormwater control 
infrastructure in and coordinate the integration of innovative 
stormwater control infrastructure into permitting programs, planning 
efforts, research, technical assistance, and funding guidance.
    (b) Duties.--The Administrator shall ensure that the Office of 
Water--
            (1) promotes the use of innovative stormwater control 
        infrastructure in the programs of the Environmental Protection 
        Agency;
            (2) supports establishing public-private partnerships and 
        other innovative financing mechanisms in the implementation of 
        innovative stormwater control infrastructure; and
            (3) coordinates efforts to increase the use of innovative 
        stormwater control infrastructure with--
                    (A) other Federal departments and agencies;
                    (B) State, tribal, and local governments; and
                    (C) the private sector.
    (c) Regional Innovative Stormwater Control Infrastructure 
Promotion.--The Administrator shall direct each regional office of the 
Environmental Protection Agency, as appropriate based on local factors, 
to promote and integrate the use of innovative stormwater control 
infrastructure within the region that includes--
            (1) a plan for monitoring, financing, mapping, and 
        designing the innovative stormwater control infrastructure;
            (2) outreach and training regarding innovative stormwater 
        control infrastructure implementation for State, tribal, and 
        local governments, tribal communities, and the private sector; 
        and
            (3) the incorporation of innovative stormwater control 
        infrastructure into permitting and other regulatory programs, 
        codes, and ordinance development, including the requirements 
        under consent decrees and settlement agreements in enforcement 
        actions.
    (d) Innovative Stormwater Control Infrastructure Information-
Sharing.--The Administrator shall promote innovative stormwater control 
infrastructure information-sharing, including through an Internet 
website, to share information with, and provide technical assistance 
to, State, tribal, and local governments, tribal communities, the 
private sector, and the public regarding innovative stormwater control 
infrastructure approaches for--
            (1) reducing water pollution;
            (2) protecting water resources;
            (3) complying with regulatory requirements; and
            (4) achieving other environmental, public health, and 
        community goals.
    (e) Innovative Stormwater Control Infrastructure Portfolio 
Standard.--The Administrator, in collaboration with State, tribal, and 
local water resource managers, shall establish voluntary measurable 
goals, to be known as the ``innovative stormwater control 
infrastructure portfolio standard'', to increase the percentage of 
annual water managed by eligible entities that use innovative 
stormwater control infrastructure.

SEC. 257. REPORT TO CONGRESS.

    Not later than September 30, 2017, the Administrator shall submit 
to Congress a report that includes, with respect to the period covered 
by the report--
            (1) a description of all grants provided under this Act;
            (2) a detailed description of--
                    (A) the projects supported by those grants; and
                    (B) the outcomes of those projects;
            (3) a description of the improvements in technology, 
        environmental benefits, resources conserved, efficiencies, and 
        other benefits of the projects funded under this Act;
            (4) recommendations for improvements to promote and support 
        innovative stormwater control infrastructure for the centers, 
        grants, and activities under this Act; and
            (5) a description of existing challenges concerning the use 
        of innovative stormwater control infrastructure.

SEC. 258. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as are necessary for each of fiscal years 2016 through 2021.

        TITLE III--IMPROVED INFRASTRUCTURE AND WATER MANAGEMENT

 Subtitle A--Restoring America's Watersheds and Increasing Water Yields

SEC. 301. SHORT TITLE.

    This subtitle may be cited as the ``Restoring America's Watersheds 
Act of 2015''.

SEC. 302. FINDINGS.

    Congress makes the following findings:
            (1) Watershed health and effective headwaters management 
        can have multiple benefits for water supply reliability, water 
        quality, and ecosystems.
            (2) Investments to restore meadows, forests, and watersheds 
        will improve their critical hydrological functions and reduce 
        wildfire impacts.
            (3) Proper ecosystem restoration could increase groundwater 
        storage by 50,000 to 500,000 acre-feet per year just within the 
        National Forest System lands in the Sierra bioregion of the 
        State of California.
            (4) Improved headwaters management would have a similarly 
        significant impact on groundwater storage within National 
        Forest System lands across the western States.
            (5) Source watersheds are recognized and defined as an 
        integral part of federally funded water systems.

SEC. 303. WATER SOURCE PROTECTION PROGRAM.

    Subtitle A of title III of the Omnibus Public Land Management Act 
of 2009 (Public Law 111-11; 123 Stat. 1126) is amended by adding at the 
end the following:

``SEC. 3002. WATER SOURCE PROTECTION PROGRAM.

    ``(a) In General.--The Secretary of Agriculture, acting through the 
Chief of the Forest Service (referred to in this section as the 
`Secretary'), shall establish and maintain a Water Source Protection 
Program (referred to in this section as the `Program') within the 
National Forest System west of the 100th Meridian.
    ``(b) Water Source Investment Partnerships.--
            ``(1) In general.--In carrying out the Program, the 
        Secretary may enter into water source investment partnerships 
        with end water users (including States, political subdivisions, 
        Indian tribes, utilities, municipal water systems, irrigation 
        districts, nonprofit organizations, and corporations) to 
        protect and restore the condition of National Forest watersheds 
        that provide water to the non-Federal partners.
            ``(2) Form.--A partnership described in paragraph (1) may 
        take the form of memoranda of understanding, cost-share or 
        collection agreements, long-term match funding commitments, or 
        other appropriate instruments.
    ``(c) Water Source Management Plan.--
            ``(1) In general.--In carrying out the Program, the 
        Secretary may produce a water source management plan in 
        cooperation with the water source investment partnership 
        participants and State, local, and tribal governments.
            ``(2) Firewood.--A water source management plan may give 
        priority to projects that facilitate the gathering of firewood 
        for personal use pursuant to section 223.5 of title 36, Code of 
        Federal Regulations (or successor regulations).
            ``(3) Environmental analysis.--The Secretary may conduct--
                    ``(A) a single environmental impact statement or 
                similar analysis required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) for all or part of the restoration projects in 
                the water source management plan; and
                    ``(B) a statement or analysis described in 
                subparagraph (A) as part of the development of the 
                water source management plan or after the finalization 
                of the plan.
            ``(4) Endangered species act.--In carrying out the Program, 
        the Secretary may use the Manual on Adaptive Management of the 
        Department of the Interior, including any associated guidance, 
        for purposes of fulfilling any requirements under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
            ``(5) Funds and services.--
                    ``(A) In general.--In carrying out the Program, the 
                Secretary may accept and use funding, services, and 
                other forms of investment and assistance from water 
                source investment partnership participants to implement 
                the water source management plan.
                    ``(B) Manner of use.--The Secretary may accept and 
                use investments described in subparagraph (A) directly 
                or indirectly through the National Forest Foundation.
                    ``(C) Water source protection fund.--
                            ``(i) In general.--Subject to the 
                        availability of appropriations, the Secretary 
                        may establish a Water Source Protection Fund to 
                        match funds or in-kind support contributed by 
                        water source investment partnership 
                        participants under subparagraph (A).
                            ``(ii) Use of appropriated funds.--The 
                        Secretary may use funds appropriated to carry 
                        out this subparagraph to make multiyear 
                        commitments, if necessary, to implement one or 
                        more water source investment partnership 
                        agreements.''.

SEC. 304. WATERSHED CONDITION FRAMEWORK.

    Subtitle A of title III of the Omnibus Public Land Management Act 
of 2009 (Public Law 111-11; 123 Stat. 1126) is amended by inserting 
after section 3002, as added by section 303, the following:

``SEC. 3003. WATERSHED CONDITION FRAMEWORK.

    ``(a) In General.--The Secretary of Agriculture, acting through the 
Chief of the Forest Service (referred to in this section as the 
`Secretary'), shall establish and maintain a Watershed Condition 
Framework within the National Forest System west of the 100th 
Meridian--
            ``(1) to evaluate and classify the condition of watersheds, 
        taking into consideration--
                    ``(A) water quality and quantity;
                    ``(B) aquatic habitat and biota;
                    ``(C) riparian and wetland vegetation;
                    ``(D) the presence of roads and trails;
                    ``(E) soil type and condition;
                    ``(F) groundwater-dependent ecosystems;
                    ``(G) relevant terrestrial indicators, such as fire 
                regime, risk of catastrophic fire, forest and rangeland 
                vegetation, invasive species, and insects and disease; 
                and
                    ``(H) other significant factors, as determined by 
                the Secretary;
            ``(2) to identify for restoration up to 5 priority 
        watersheds in each National Forest, and up to 2 priority 
        watersheds in each national grassland, taking into 
        consideration the impact of the condition of the watershed 
        condition on--
                    ``(A) wildfire behavior;
                    ``(B) flood risk;
                    ``(C) fish and wildlife;
                    ``(D) drinking water supplies;
                    ``(E) irrigation water supplies;
                    ``(F) forest-dependent communities; and
                    ``(G) other significant impacts, as determined by 
                the Secretary;
            ``(3) to develop a watershed restoration action plan for 
        each priority watershed that--
                    ``(A) takes into account existing restoration 
                activities being implemented in the watershed; and
                    ``(B) includes, at a minimum--
                            ``(i) the major stressors responsible for 
                        the impaired condition of the watershed;
                            ``(ii) a set of essential projects that, 
                        once completed, will address the identified 
                        stressors and improve watershed conditions;
                            ``(iii) a proposed implementation schedule;
                            ``(iv) potential partners and funding 
                        sources; and
                            ``(v) a monitoring and evaluation program;
            ``(4) to prioritize restoration activities for each 
        watershed restoration action plan;
            ``(5) to implement each watershed restoration action plan; 
        and
            ``(6) to monitor the effectiveness of restoration actions 
        and indicators of watershed health.
    ``(b) Coordination.--Throughout the establishment and maintenance 
of the Watershed Condition Framework, the Secretary shall--
            ``(1) coordinate with interested non-Federal landowners and 
        with State, tribal, and local governments within the relevant 
        watershed; and
            ``(2) provide for an active and ongoing public engagement 
        process.
    ``(c) Emergency Designation.--Notwithstanding subsection (a)(2), 
the Secretary may identify a watershed as a priority for rehabilitation 
in the Watershed Condition Framework without using the process 
described in subsection (a), if the appropriate Forest Supervisor 
determines that--
            ``(1) a wildfire has significantly diminished the condition 
        of the watershed; and
            ``(2) the emergency stabilization activities of the Burned 
        Area Emergency Response Team are insufficient to return the 
        watershed to proper function.''.

SEC. 305. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION PROGRAM.

    (a) In General.--The Secretary of Agriculture, acting through the 
Chief of the Forest Service (referred to in this section as the 
``Secretary''), shall establish and maintain a Forest Service Legacy 
Roads and Trails Remediation Program (referred to in this section as 
the ``Program'') within the National Forest System west of the 100th 
Meridian--
            (1) to carry out critical maintenance and urgent repairs 
        and improvements on National Forest System roads, trails, and 
        bridges;
            (2) to restore fish and other aquatic organism passage by 
        removing or replacing unnatural barriers to the passage of fish 
        and other aquatic organisms;
            (3) to decommission unneeded roads and trails; and
            (4) to carry out associated activities.
    (b) Priority.--In implementing the Program, the Secretary shall 
give priority to projects that protect or restore--
            (1) water quality;
            (2) watersheds that feed public drinking water systems; or
            (3) habitat for threatened, endangered, and sensitive fish 
        and wildlife species.
    (c) National Forest System.--Except as authorized under section 323 
of the Department of the Interior and Related Agencies Appropriations 
Act, 1999 (16 U.S.C. 1011a), all projects carried out under the Program 
shall be on National Forest System roads.
    (d) National Program Strategy.--Not later than 180 days after the 
date of enactment of this Act, the Secretary shall develop a national 
strategy for implementing the Program.

SEC. 306. REAUTHORIZATION OF THE COLLABORATIVE FOREST LANDSCAPE 
              RESTORATION FUND.

    Section 4003(f)(6) of the Omnibus Public Land Management Act of 
2009 (16 U.S.C. 7303(f)(6)) is amended by striking ``2019, to remain 
available until expended'' and inserting ``2015, and $80,000,000 for 
each of fiscal years 2016 through 2024, to remain available until 
expended''.

              Subtitle B--Reservoir Operation Improvement

SEC. 311. SHORT TITLE.

    This subtitle may be cited as the ``Five Demonstrations of 
Advancing Yields by Fixing Operations of Reservoirs to Encompass 
Climatic and Atmospheric Science Trends Act''.

SEC. 312. PROJECTS, PLANS, AND REPORTS.

    (a) Specific Information.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Army shall provide to the 
Committees on Appropriations of the House of Representatives and the 
Senate a report including the following information for any State under 
a gubernatorial drought declaration during water year 2015:
            (1) A list of Army Corps and non-Army Corps (section 7 of 
        the Flood Control Act of 1944 (33 U.S.C. 709)) projects that 
        have a water control plan.
            (2) The year the original water control manual was 
        approved.
            (3) The year for any subsequent revisions to the project's 
        water control plan and manual.
            (4) A list of projects in which operational deviations for 
        drought contingency have been requested or implemented and the 
        status of the request.
            (5) How water conservation and water quality improvements 
        were addressed.
            (6) A list of projects where permanent changes to storage 
        allocations have been requested and the status of the request.
    (b) Identification of Projects.--Not later than 60 days after 
completion of the report under subsection (a), the Secretary of the 
Army, in consultation with the National Oceanic and Atmospheric 
Administration, shall identify any projects from the report that meet 
the following criteria:
            (1) Located in a State in which a drought emergency has 
        been declared or was in effect during the 1-year period 
        preceding the date of completion of the report by the Secretary 
        under subsection (a).
            (2) Future revision of a water operations manual, including 
        flood control rule curves, based on the better use of improved 
        weather forecasting or run-off forecasting methods, new 
        watershed data, or changes to project operations, would be 
        likely to enhance the existing authorized project purposes for 
        water supply storage capacity and reliability, or flood control 
        operations.
    (c) Additional Projects.--In addition, not later than 60 days after 
completion of the report in subsection (a), the Secretary of the Army 
shall identify any non-Corps projects that meet the criteria in 
subsection (b) and the following 2 criteria:
            (1) The owner of the non-Corps project has submitted to the 
        Secretary of the Army a formal request to review or revise the 
        operations manual or flood control rule curves to accommodate 
        new watershed data or projected project modifications or 
        operational changes.
            (2) The modifications or operational changes proposed by 
        the owner of the non-Corps projects are likely to enhance water 
        supply benefits and flood control operations.
    (d) Pilot Projects.--Not later than 1 year after identification of 
the projects in subsections (b) and (c), if any, the Secretary of the 
Army, in consultation with the National Oceanic and Atmospheric 
Administration, shall establish not more than 5 pilot projects to 
implement forecast-based reservoir operations.
    (e) Coordination With Non-Federal Project Sponsor.--
            (1) In general.--If any of the projects identified in 
        subsections (b) and (c) are non-Federal projects, the Secretary 
        of the Army, prior to carrying out an activity under this 
        section, shall consult with the non-Federal project sponsor and 
        enter into a cooperative agreement, memorandum of 
        understanding, or other agreement with the non-Federal project 
        sponsor.
            (2) Definition.--In this subsection, the term ``non-Federal 
        project sponsor'' means an entity or a local government entity, 
        including a municipal water district, that currently manages 
        (in whole or in part) an Army Corps of Engineers dam or 
        reservoir.
    (f) Forecast-Based Reservoir Operations Plan.--As part of the pilot 
project under subsection (d), the Secretary, in consultation with the 
National Oceanic and Atmospheric Administration, in designing and 
implementing a forecast-based reservoir operations plan, shall include 
the following:
            (1) The relationship between ocean and atmospheric 
        conditions, including the El Nino and La Nina cycles, and the 
        potential for above normal, normal, and below normal rainfall 
        for the coming water year.
            (2) The precipitation and runoff index specific to the 
        basin and watershed of the relevant dam or reservoir, including 
        incorporating information about hydrological and meteorological 
        conditions that influence the timing and quantity of runoff.
            (3) Improved hydrologic forecasting for precipitation, 
        snowpack, streamflow, and soil moisture conditions.
            (4) An adjustment of operational flood control rule curves 
        to optimize water supply storage and reliability, hydropower 
        production, environmental benefits for flows and temperature, 
        and other authorized project benefits, without a reduction in 
        flood safety.
            (5) Proactive management in response to changes in 
        forecasts.
    (g) Non-Federal Funds.--Upon finalizing an agreement with a non-
Federal project sponsor pursuant to subsection (e), the Secretary of 
the Army may accept non-Federal funds for all or a portion of the cost 
of carrying out a review or revision of water control manuals and flood 
control rule curves.
    (h) No Additional Authority.--Revisions of the manuals referred to 
in subsection (b) shall not interfere with authorized purposes. Nothing 
in this Act authorizes the Secretary of the Army to carry out, at a 
Corps of Engineers dam or reservoir, any project for a purpose not 
otherwise authorized as of the date of enactment of this Act.
    (i) Consultation.--In implementing the pilot projects pursuant to 
subsection (d), the Secretary of the Army may consult with other 
affected interests, including non-Federal entities responsible for 
operations and maintenance costs of a Corps facility, affected water 
rights holders, individuals and entities with storage entitlements, and 
local agencies with flood control responsibilities downstream of a 
Corps facility.
    (j) Change to Operations Manual.--Not later than 180 days after the 
completion of a change to the operations manual or flood control rule 
curves, the Secretary shall submit a report to the appropriate 
committees of Congress regarding the components of the forecast-based 
reservoir operations plan incorporated into the change.

    Subtitle C--Reclamation Projects for Renewable Energy To Reduce 
                            Evaporation Loss

SEC. 320. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) evaporative loss along Bureau of Reclamation 
        reservoirs, canals, and other conveyance systems reduces the 
        quantity and reliability of water deliveries;
            (2) drought and extreme aridity from changing weather 
        patterns will contribute to increased evaporative loss in the 
        future; and
            (3) existing Central Valley Project operations assume a 
        conveyance loss for evaporation and seepage south of the Delta 
        of 150,000 acre-feet annually.
    (b) Purpose.--The purpose of this subtitle is to expand investments 
in infrastructure for Bureau of Reclamation reservoirs, canals, and 
other conveyance systems, that will provide shade, reduce evaporative 
loss, and increase water supplies in the arid western States.

SEC. 321. DEFINITIONS.

    In this subtitle:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A) land under the administrative jurisdiction of 
                the Bureau of Reclamation; and
                    (B) not excluded from the development of solar or 
                wind energy under--
                            (i) a final land use plan established under 
                        the Federal Land Policy and Management Act of 
                        1976 (43 U.S.C. 1701 et seq.); or
                            (ii) Federal law.
            (2) Fund.--The term ``Fund'' means the Fish and Wildlife 
        Restoration Fund established under section 324.
            (3) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 322. EVALUATION AND REPORT.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall complete an evaluation and 
report to Congress on the potential for developing rights-of-way along 
Bureau of Reclamation canals and infrastructure, including reservoirs, 
for solar or wind energy production through leasing of lands or other 
means.
    (b) Report.--The report to Congress shall specify--
            (1) the location of potential rights-of-way for energy 
        production;
            (2) estimates of water losses due to evaporation that would 
        be reduced due to shade and other benefits from energy 
        production;
            (3) the total acreage available for energy production;
            (4) existing transmission infrastructure at such locations;
            (5) estimates of fair market leasing value of potential 
        energy sites; and
            (6) estimates of energy development potential at sites.

SEC. 323. DEVELOPMENT OF SOLAR AND WIND ENERGY ON COVERED LAND.

    (a) Pilot Program on Selected Covered Land.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary shall establish a 
        wind and solar energy leasing pilot program under which the 
        Secretary conducts lease sales of certain sites located on 
        covered land for purposes of carrying out wind and solar energy 
        projects.
            (2) Selection of sites on covered land.--
                    (A) In general.--Not later than 90 days after the 
                date the pilot program is established under paragraph 
                (1), the Secretary shall select from covered land--
                            (i) 1 site for the development of a solar 
                        energy project; and
                            (ii) 1 site for the development of a wind 
                        energy project.
                    (B) Site selection.--In selecting sites under 
                subparagraph (A), the Secretary shall--
                            (i) give a preference to sites that the 
                        Secretary determines--
                                    (I) are likely to attract a high 
                                level of wind and solar energy industry 
                                interest;
                                    (II) would likely have a positive 
                                impact on water supply through reducing 
                                water loss from evaporation by 
                                providing shade and temperature 
                                reductions, or beneficial impacts from 
                                energy production and infrastructure; 
                                and
                                    (III) would serve as models for the 
                                expansion of the pilot program to other 
                                locations if the program is expanded 
                                under subsection (c);
                            (ii) take into consideration the value of 
                        the multiple resources of the covered land on 
                        which such sites are located; and
                            (iii) not select any site for which a 
                        right-of-way or special use permit for site 
                        testing or construction has been issued under 
                        title V of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1761 et 
                        seq.).
            (3) Lease sales of project sites.--
                    (A) In general.--Except as provided in paragraph 
                (4)(B)(i), not later than 180 days after the date on 
                which sites are selected under paragraph (2), the 
                Secretary shall offer each site for competitive leasing 
                under such terms and conditions as the Secretary 
                requires.
                    (B) Bidding.--Bidding on a site offered for lease 
                under this subsection shall be--
                            (i) limited to one round;
                            (ii) open only to bidders who--
                                    (I) submit a plan of development 
                                for such site together with the bid; 
                                and
                                    (II) the Secretary determines are 
                                qualified under subparagraph (C)(ii); 
                                and
                            (iii) conducted using a bidding system 
                        selected by the Secretary, including--
                                    (I) a cash bonus bids system 
                                requiring payment of the royalty 
                                established under this Act;
                                    (II) a variable royalty bids system 
                                based on a percentage of the gross 
                                proceeds from the sale of electricity 
                                produced from the site offered for 
                                lease, except that the royalty shall 
                                not be less than the royalty required 
                                under this Act, together with a fixed 
                                cash bonus; or
                                    (III) such other bidding system as 
                                ensures a fair return to the public 
                                consistent with the royalty established 
                                under this Act.
                    (C) Bidder qualifications.--The Secretary shall--
                            (i) before conducting any lease sale under 
                        this subsection, establish qualification 
                        requirements for bidders on a site offered for 
                        lease that ensure that such bidders, with 
                        respect to wind or solar energy projects--
                                    (I) are able to expeditiously 
                                develop such a project on the site;
                                    (II) possess the financial 
                                resources necessary to complete such a 
                                project;
                                    (III) possess knowledge of the 
                                technology needed to complete such a 
                                project;
                                    (IV) meet eligibility requirements 
                                that are substantially similar to the 
                                eligibility requirements for leasing 
                                that apply under the first section of 
                                the Mineral Leasing Act (30 U.S.C. 181 
                                et seq.); and
                                    (V) possess such other 
                                qualifications as the Secretary 
                                determines are necessary; and
                            (ii) using the requirements established 
                        under clause (i), determine whether a person is 
                        qualified to be a bidder on a site offered for 
                        lease under this subsection.
                    (D) Credit for bid preparation expenditures.--In 
                the case of a site offered for lease under this 
                subsection with respect to which more than one bid is 
                submitted on the date of the lease sale of such site, 
                the Secretary shall give credit to each person who 
                submitted a bid with respect to such site for 
                expenditures such person incurred in the preparation of 
                such bid.
            (4) Lease terms.--
                    (A) In general.--The Secretary may establish such 
                lease terms and conditions, including the duration of 
                the lease with respect to any site offered for lease 
                under this subsection.
                    (B) Short-term leases for data collection.--In 
                carrying out this subsection, the Secretary shall--
                            (i) offer on a noncompetitive basis a 
                        short-term lease on not less than one site 
                        selected under paragraph (2) for purposes of 
                        data collection; and
                            (ii) upon the expiration of the short-term 
                        lease, offer on a competitive basis a long-term 
                        lease, giving credit toward the bonus bid 
                        submitted with respect to the long-term lease 
                        to the holder of the short-term lease for any 
                        qualified expenditures made by such holder to 
                        collect data or to develop the site during such 
                        short-term lease.
            (5) Revenues.--Subject to section 324, the Secretary may 
        collect bonus bids, royalties, fees, or other payments (except 
        rental payments) with respect to sites offered for lease under 
        this subsection.
            (6) Report.--Not later than 90 days after the date on which 
        the Secretary conducts the final lease sale under this 
        subsection, the Secretary shall submit to the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Natural Resources of the House of Representatives a report on 
        the results of each lease sale conducted under this subsection, 
        including--
                    (A) the level of competitive interest;
                    (B) a summary of bids and revenues received; and
                    (C) any other factors that may have impacted the 
                lease sale.
            (7) Other laws.--
                    (A) Compliance with land management and 
                environmental laws.--In offering sites for lease under 
                this subsection, the Secretary concerned shall comply 
                with--
                            (i) all Federal laws applicable to lands 
                        under the administrative jurisdiction of the 
                        Bureau of Land Management; and
                            (ii) Federal or State environmental laws or 
                        any other relevant laws.
                    (B) Applicability to wind and solar energy projects 
                under other federal laws.--Nothing in this subsection 
                shall be construed so as to prohibit the Secretary from 
                issuing rights-of-way or special use permits with 
                respect to wind and solar energy projects in compliance 
                with other Federal laws and regulations in effect on 
                the date of the enactment of this Act.
            (8) Enforcement of federal land policy management.--
                    (A) In general.--Sections 302(c) and 303 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1732(c), 1733) shall apply to activities 
                conducted on sites on covered land offered for lease 
                under this subsection.
                    (B) Effect on enforcement authority under other 
                federal law.--Nothing in this subsection shall be 
                construed so as to reduce or limit the enforcement 
                authority vested in the Secretary or the Attorney 
                General on covered land under any other Federal law.
    (b) Temporary Extension of Pilot Program.--Until final regulations 
are issued under subsection (c)(4), the Secretary shall continue to 
carry out the pilot program under subsection (a) on the sites offered 
for lease under such subsection. The Secretary may extend any lease 
issued for such sites under subsection (a) under the same terms and 
conditions applicable to such lease on the date of the lease sale as 
necessary until final regulations are issued under subsection (c)(4) 
with respect to such sites.
    (c) Expansion of Pilot Program to All Covered Land.--
            (1) Joint determination required.--Not later than 5 years 
        after the date of the enactment of this Act, the Secretary 
        shall determine whether to expand the pilot program established 
        under subsection (a) to apply to all covered land, including 
        sites with respect to which leases were issued under subsection 
        (a). In making such determination, the Secretary shall--
                    (A) take into consideration the results of the 
                pilot program;
                    (B) consult with--
                            (i) the heads of Federal agencies and 
                        relevant State agencies (including State fish 
                        and wildlife agencies);
                            (ii) interested States, Indian tribes, and 
                        local governments;
                            (iii) representatives of the solar and wind 
                        energy industries;
                            (iv) representatives of the environment, 
                        conservation, and outdoor sporting communities; 
                        and
                            (v) the public; and
                    (C) consider whether such expansion--
                            (i) provides an effective means of 
                        developing wind or solar energy; and
                            (ii) is in the public interest.
            (2) Expansion authorized.--The Secretary shall expand the 
        pilot program only if the Secretary determined to expand the 
        pilot program under paragraph (1).
            (3) Report on joint determination.--Not later than 60 days 
        after making the determination under paragraph (1) to expand 
        the pilot program, the Secretary shall submit to the Committee 
        on Energy and Natural Resources of the Senate and the Committee 
        on Natural Resources of the House of Representatives a report 
        describing the basis and findings for the determination.
            (4) Regulations to implement expansion.--Not later than one 
        year after making a determination to expand the pilot program 
        under paragraph (1), the Secretary shall issue final 
        regulations to implement this subtitle.
            (5) Applicability of provisions of pilot program to 
        expanded program.--
                    (A) In general.--Except as provided in subparagraph 
                (B), paragraphs (3), (7), and (8) of subsection (a) 
                shall apply to covered land offered for lease under 
                this subsection in the same manner as such paragraphs 
                apply to sites offered for lease under subsection (a).
                    (B) Competitive leasing not required under certain 
                circumstances.--The requirement under subsection (a)(3) 
                that a lease be sold on a competitive basis shall not 
                apply to a lease issued under this subsection if the 
                Secretary determines that--
                            (i) no competitive interest exists for the 
                        covered land offered for lease;
                            (ii) the public interest would not be 
                        served by the competitive issuance of a lease 
                        with respect to such covered land; or
                            (iii) the lease is for a purpose described 
                        in paragraph (7)(A)(ii).
            (6) Payments.--
                    (A) In general.--Subject to section 324, the 
                Secretary shall establish fees, bonuses, or other 
                payments (except rental payments) to ensure a fair 
                return to the United States for any lease issued under 
                this subsection.
                    (B) Bonus bids.--The Secretary may grant credit 
                toward any bonus bid for a qualified expenditure by the 
                holder of a lease described in paragraph (7)(A)(ii) in 
                any competitive lease sale held for a long-term lease 
                of the covered land that is the subject of the lease 
                described in such paragraph.
                    (C) Readjustment.--
                            (i) In general.--Royalties and other terms 
                        and conditions of a lease issued under this 
                        subsection shall be subject to readjustment--
                                    (I) on the date that is 15 years 
                                after the date on which the lease is 
                                issued; and
                                    (II) every 10 years thereafter.
                            (ii) Indexing.--Effective on the first day 
                        of the first month beginning after the date of 
                        enactment of this Act and each year thereafter, 
                        the amount of royalties or other terms and 
                        conditions subject to readjustment under clause 
                        (i) shall be adjusted to reflect changes for 
                        the 12-month period ending on the most recent 
                        date for which data are available in the 
                        Consumer Price Index for All Urban Consumers 
                        published by the Bureau of Labor Statistics of 
                        the Department of Labor.
            (7) Lease duration, administration, and readjustment.--
                    (A) Duration.--
                            (i) In general.--Except as provided in 
                        clause (ii), a lease issued under this 
                        subsection shall be for--
                                    (I) an initial term of 25 years; 
                                and
                                    (II) any additional period after 
                                the initial 25-year term during which 
                                electricity is being produced annually 
                                in commercial quantities from the 
                                lease.
                            (ii) Data collection leases.--In the case 
                        of a lease issued under this subsection for the 
                        placement and operation of a meteorological or 
                        data collection facility or for the development 
                        or demonstration of a new wind or solar energy 
                        technology, such lease shall have a term of not 
                        more than 5 years.
                    (B) Administration.--The Secretary of the Interior 
                shall establish terms and conditions for the issuance, 
                transfer, renewal, suspension, and cancellation of a 
                lease issued under this subsection.
                    (C) Readjustment provision required.--Each lease 
                issued under this subsection shall provide for 
                readjustment in accordance with subparagraph (A).
            (8) Surface-disturbing activities.--The Secretary shall 
        issue regulations regarding surface-disturbing activities 
        conducted under any lease issued under this subsection, 
        including any reclamation and other actions necessary to 
        conserve and to offset impacts to surface resources.
            (9) Security.--
                    (A) In general.--The Secretary shall require that 
                the holder of a lease issued under this subsection--
                            (i) furnish a surety bond or other form of 
                        security, as prescribed by the Secretary;
                            (ii) provide for the reclamation and 
                        restoration of the covered land that is the 
                        subject of the lease; and
                            (iii) comply with such other requirements 
                        as the Secretary considers necessary to protect 
                        the interests of the public and the United 
                        States.
                    (B) Periodic review.--Not less frequently than once 
                every 5 years, the Secretary shall conduct a review of 
                the adequacy of the surety bond or other form of 
                security provided by the holder of a lease issued under 
                this subsection.

SEC. 324. ROYALTIES.

    (a) In General.--The Secretary shall require as a term and 
condition of any lease issued under section 323, the payment of a 
royalty. The Secretary shall establish such royalty pursuant to a 
rulemaking. The royalty shall be a percentage of the gross proceeds 
from the sale of electricity produced on covered land that is the 
subject of such lease, at a rate that--
            (1) encourages production of solar or wind energy;
            (2) ensures a fair return to the public comparable to the 
        return that would be obtained on State or private land; and
            (3) encourages the maximum energy generation while 
        disturbing the least quantity of covered land and other natural 
        resources, including water.
    (b) Consideration.--In establishing the royalty under subsection 
(a), the Secretary shall consider the relative capacity factors of wind 
and solar energy projects.
    (c) Exclusive Payment on Sale of Electricity.--The royalty under 
subsection (a) shall be the only rent, royalty, or similar payment to 
the Federal Government required with respect to the sale of electricity 
produced under a lease issued under section 323.
    (d) Royalty Relief.--The Secretary may reduce the royalty rate 
established under subsection (a) if the holder of a lease issued under 
this Act shows by clear and convincing evidence that--
            (1) collection of the full royalty would unreasonably 
        burden energy generation on covered land that is the subject of 
        the lease; and
            (2) the royalty reduction is in the public interest.
    (e) Enforcement.--
            (1) Auditing system.--The Secretary shall establish a 
        comprehensive inspection, collection, fiscal, and production 
        accounting and auditing system--
                    (A) to accurately determine royalties, interest, 
                fines, penalties, fees, deposits, and other payments 
                owed under this subtitle; and
                    (B) to collect and account for the payments in a 
                timely manner.
            (2) Applicability of federal oil and royalty management act 
        of 1982.--The provisions of the Federal Oil and Gas Royalty 
        Management Act of 1982 (30 U.S.C. 1701 et seq.) (including the 
        civil and criminal enforcement provisions of such Act) shall 
        apply to leases issued under this subtitle with respect to wind 
        and solar energy projects in the same manner as such provisions 
        apply to oil and gas leases.
    (f) Report on Royalties.--Not later than 5 years after the date of 
enactment of this Act and every 5 years thereafter, the Secretary shall 
submit to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House of Representatives 
a report consisting of a review of the collections and impacts of the 
royalties and fees collected under this subtitle, including--
            (1) the total revenues received (by category) on an annual 
        basis as royalties from wind and solar energy development and 
        production (specified by energy source) on covered land;
            (2) whether the revenues received for the development of 
        wind and solar energy development are comparable to the 
        revenues received for similar development on State or private 
        land;
            (3) any impact on the development of wind and solar energy 
        on covered land as a result of the royalties; and
            (4) any recommendations with respect to changes in Federal 
        law (including regulations) relating to the amount or method of 
        collection (including auditing, compliance, and enforcement) of 
        the royalties.
    (g) Regulations.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall issue final regulations to 
carry out this section.

SEC. 325. DISPOSITION OF ROYALTY REVENUE.

    (a) Allocation of Revenue.--All amounts collected by the Secretary 
as royalties or bonuses under subsection (a)(5) or (c)(6) of section 
323 shall be distributed as follows:
            (1) 25 percent shall be paid by the Secretary of the 
        Treasury to States within the boundaries of which the royalties 
        or bonuses are derived, to be allocated among such States based 
        on the percentage of covered land from which such royalties or 
        bonuses are derived in each State.
            (2) 25 percent shall be paid by the Secretary of the 
        Treasury to the counties within the boundaries of which the 
        royalties or bonuses are derived, to be allocated among such 
        counties based on the percentage of covered land from which 
        such royalties or bonuses are derived in each county.
            (3) 25 percent shall be deposited into the Fish and 
        Wildlife Restoration Fund established by subsection (b) and 
        used in accordance with that subsection.
            (4) For the period that begins on the date of the enactment 
        of this Act and ending on the date that is 15 years after the 
        date of the enactment of this Act, 15 percent shall be paid by 
        the Secretary of the Treasury directly to the State offices of 
        the Bureau of Reclamation with jurisdiction over the areas of 
        which the royalties or bonuses are derived for purposes of 
        reducing the number of renewable energy permits that have not 
        been processed before the date of the enactment of this Act, to 
        be allocated among such offices based on the percentage of 
        covered land from which the royalties or bonuses are derived in 
        each State.
            (5) The remainder shall be deposited into the general fund 
        of the Treasury for purposes of reducing the annual Federal 
        budget deficit.
    (b) Fish and Wildlife Restoration Fund.--
            (1) Establishment.--There is established in the Treasury a 
        Fish and Wildlife Restoration Fund to be administered by the 
        Secretary of the Interior for use in regions impacted by the 
        development of hydropower by Federal agencies, including the 
        Bureau of Reclamation, and the development of wind or solar 
        energy on Bureau of Reclamation land.
            (2) Use of funds.--The Secretary shall use amounts in the 
        Fund to take actions and to make payments to State agencies, 
        Federal agencies, or other interested persons in such regions 
        for--
                    (A) protecting and restoring important fish and 
                wildlife habitat and native populations in such 
                regions, including corridors, water resources, and 
                other sensitive land; and
                    (B) improving fish species habitat or native 
                population within the boundaries and downstream of a 
                Bureau of Reclamation project.
            (3) Availability of amounts.--Amounts in the Fund shall be 
        available for expenditure, in accordance with this subsection, 
        without further appropriation and without fiscal year 
        limitation.
            (4) Investment of fund.--
                    (A) In general.--Any amounts deposited in the Fund 
                shall earn interest in an amount determined by the 
                Secretary of the Treasury on the basis of the current 
                average market yield on outstanding marketable 
                obligations of the United States of comparable 
                maturities.
                    (B) Deposit.--Any interest earned under 
                subparagraph (A) shall be deposited into the Fund.
            (5) Mitigation requirements.--The expenditure of funds 
        under this subsection shall be separate and distinct from any 
        mitigation requirements imposed pursuant to any law, 
        regulation, or term or condition of any lease, right-of-way, or 
        other authorization.
    (c)  Allocation for Permitting After Expiration of 15-Year 
Period.--
            (1) Certification by secretary.--At the end of the period 
        described in subsection (a)(4), the Secretary shall certify 
        whether the State offices referred to in such subsection have 
        adequately reduced the renewable energy permitting backlog 
        referred to in such subsection.
            (2) Allocation after certification.--If the Secretary 
        certifies under paragraph (1) that--
                    (A) the State offices referred to in such paragraph 
                have not adequately reduced the backlog referred to in 
                such paragraph--
                            (i) the period described in subsection 
                        (a)(4) shall be extended by an additional 15-
                        year period; and
                            (ii) payments shall continue to be made 
                        during that period as described in such 
                        subsection; or
                    (B) the State offices referred to in such paragraph 
                have adequately reduced such backlog--
                            (i) two-thirds of the amount otherwise 
                        required to be paid under subsection (a)(4) 
                        shall be added to the amount deposited in the 
                        Fund established under subsection (b); and
                            (ii) one-third of such amount shall be 
                        deposited into the general fund of the Treasury 
                        for purposes of reducing the annual Federal 
                        budget deficit.
    (d) Payments to States and Counties.--
            (1) In general.--Amounts paid to States and counties under 
        subsection (a) shall be used in a manner that is consistent 
        with section 35 of the Mineral Leasing Act (30 U.S.C. 191).
            (2) Impacts.--Not less than 35 percent of the amount paid 
        to a State each fiscal year shall be used for the purposes 
        described in subsection (b)(2).

               Subtitle D--Improved Reclamation Crop Data

SEC. 331. DEFINITIONS.

    For the purposes of this subtitle:
            (1) Agricultural water contract.--The term ``agricultural 
        water contract'' means any contract or arrangement, including 
        water service contracts, repayment contracts, water rights 
        settlement contracts, exchange contracts, or other form of 
        agreement, through which agricultural users receive water and 
        deliveries through a facility owned, operated, or constructed 
        in whole or in part by the Bureau of Reclamation, including 
        contracts under the Reclamation Act of 1902 (ch. 1093; 32 Stat. 
        388) as amended and supplemented.
            (2) Drought emergency.--The term ``drought emergency'' 
        means a period when a state of drought emergency declared by 
        the Governor of the State is in effect.
            (3) Federally developed water supplies.--The term 
        ``federally developed water supplies'' means water supplies 
        derived from a project developed by the Secretary pursuant to 
        Federal law.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of the Bureau 
        of Reclamation.
            (5) Water-intense permanent crop.--The term ``water-intense 
        permanent crop'' means any crop considered by the Secretary, 
        after consultation with the Secretary of Agriculture, to be 
        unsustainable for an area given its expected level of rainfall 
        in the absence of the federally developed water supply.

SEC. 332. DETERMINATION OF PLANTING OF WATER-INTENSE PERMANENT CROPS.

    The Secretary shall survey agricultural water contracts related to 
federally developed water supplies to determine if water-intense 
permanent crops have been planted by or on behalf of the customers or 
beneficiaries of any agricultural water contract during a drought 
emergency. The survey shall include the examination of all such 
contracts in effect at any time during the period from the date of the 
enactment of this Act and until the date that is 10 years before the 
date of the enactment of this Act.

SEC. 333. REPORT RELATED TO WATER-INTENSE PERMANENT CROPS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary shall submit a report based on the survey conducted 
pursuant to section 331 and other information available to the 
Secretary to Congress that includes--
            (1) the number and location of acres put into production of 
        water-intense permanent crops during a drought emergency;
            (2) the types of water-intense permanent crops put into 
        production on each acre; and
            (3) the impact that putting the water-intense permanent 
        crops into production had and is projected to have on the water 
        demands for the agricultural water contracts and federally 
        developed water supply related to those crops.

        Subtitle E--Improved Oversight of State Injection Wells

SEC. 341. AMENDMENT TO THE SAFE DRINKING WATER ACT.

    Section 1422 of the Safe Drinking Water Act (42 U.S.C. 300h-1) is 
amended by adding at the end the following new subsection:
    ``(f) For the purposes of subsection (c), if the Administrator 
finds that a State has, at any time, improperly issued permits under 
the State's underground injection control program and the State fails 
to address such deficiencies and take sufficient remedial action, as 
determined by the Administrator, by the date that is 90 days after the 
date on which the Administrator notifies the State of such finding, the 
State shall be considered to no longer meet the requirements of clause 
(i) or (ii) of subsection (b)(1)(A) until such time as the State has 
addressed the deficiencies and taken sufficient remedial action, as 
determined by the Administrator.''.

  Subtitle F--Combating Water Theft for Illegal Marijuana Cultivation

SEC. 351. POLICY DIRECTIVE ON ILLEGAL WATER DIVERSION FOR MARIJUANA 
              CULTIVATION.

    Not later than 90 days after the date of enactment of this Act, the 
Director of National Drug Control Policy, in collaboration with the 
Secretary of the Interior and the Administrator of the Environmental 
Protection Agency, shall determine the amount of water diverted for 
marijuana cultivation in each of the high intensity drug trafficking 
areas (as designated under section 707 of the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706)) within the 
State of California and other States with declared droughts.

SEC. 352. ENVIRONMENTAL REPORTING REQUIREMENTS FOR DOMESTIC CANNABIS 
              ERADICATION PROGRAM.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Attorney General shall require, as a condition 
of the receipt of any funds under the Domestic Cannabis Eradication/
Suppression program of the Drug Enforcement Administration, or any 
successor program thereto, a report from any participant in such 
program containing information on the environmental consequences of 
actions taken pursuant to program participation. The Attorney General, 
in making any determination to provide funding under the program, shall 
take into account the information so reported.

SEC. 353. TRESPASS MARIJUANA LOCATION REGISTRY.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General shall establish and maintain a registry, in which 
reports received by the Attorney General of incidents of cultivation of 
marijuana on Federal or State property or while intentionally 
trespassing on the property of another will be recorded and, to the 
extent feasible, made available to the public.

SEC. 354. FUNDING FOR REMEDIATION OF TRESPASS MARIJUANA SITES.

    (a) From Forfeiture Fund.--Section 524(c)(1)(E)(ii) of title 28, 
United States Code, is amended--
            (1) by striking ``and'' at the end of subclause (I);
            (2) by inserting ``and'' after the semicolon at the end of 
        subclause (II); and
            (3) by inserting after subclause (II) the following:
                    ``(III) costs incurred by or on behalf of any 
                State, local, or tribal government in connection with 
                the remediation of any area formerly used for the 
                production or cultivation of marijuana, including the 
                removal of any hazardous substance or pollutant or 
                contaminant, in which such State, local, or tribal 
                government has assisted in a Federal prosecution 
                related to marijuana;''.
    (b) From Restitution in Criminal Cases.--Section 413(q) of the 
Controlled Substances Act (21 U.S.C. 853(q)) is amended--
            (1) by striking ``or methamphetamine'' the first place it 
        appears and inserting ``, methamphetamine, or marijuana''; and
            (2) by inserting after ``or methamphetamine'' the second 
        place it appears the following: ``, or cultivation of 
        marijuana,''.

SEC. 355. VOLUNTARY GUIDELINES.

    (a) Establishment of Voluntary Guidelines.--Not later than 6 months 
after the date of enactment of this Act, the Secretary of Agriculture 
(in this section referred to as the ``Secretary''), in consultation 
with other appropriate Federal agencies, including the Environmental 
Protection Agency, shall establish voluntary guidelines, based on the 
best currently available scientific knowledge--
            (1) for the remediation of former indoor and outdoor 
        marijuana cultivation and processing sites, including 
        guidelines regarding preliminary site assessment and the 
        remediation of residual contaminants and ecosystems; and
            (2) for State, local, and tribal governments to use in 
        developing and implementing laws, regulations, guidelines, and 
        other policies that apply the best available research and 
        technology to the remediation of former indoor and outdoor 
        marijuana cultivation and processing sites.
    (b) Considerations.--In establishing the voluntary guidelines under 
subsection (a), the Secretary shall consider, at a minimum--
            (1) relevant standards, guidelines, and requirements found 
        in Federal, State, tribal, and local laws and regulations;
            (2) the various types and locations of former marijuana 
        cultivation or processing sites, including both indoor and 
        outdoor sites; and
            (3) the estimated costs of carrying out any such 
        guidelines.
    (c) Consultation.--The Secretary shall work with State, local, and 
tribal governments and other non-Federal agencies and organizations the 
Secretary determines relevant to promote and encourage the adoption of 
the voluntary guidelines.
    (d) Revisions to the Guidelines.--The Secretary shall periodically 
review and, as the Secretary, in consultation with State, local, and 
tribal governments and other interested parties, determines necessary 
and appropriate, revise the voluntary guidelines to incorporate 
findings of the research conducted pursuant to section 356 and other 
new knowledge.

SEC. 356. RESEARCH PROGRAM.

    The Secretary of Agriculture, in consultation with other 
appropriate Federal agencies, including the Environmental Protection 
Agency, shall establish a program of research to support the 
development and revision of the voluntary guidelines established under 
section 355. Such program shall--
            (1) identify marijuana cultivation or processing-related 
        chemicals of concern;
            (2) assess the types and levels of exposure to chemicals of 
        concern identified under paragraph (1) that may present 
        significant adverse biological effects, and identify actions 
        and additional research necessary to remediate such biological 
        effects;
            (3) assess the impacts of marijuana cultivation and 
        processing on waterways and bodies of water, and identify 
        actions and additional research necessary to remediate such 
        impacts;
            (4) evaluate the performance of current remediation 
        techniques for marijuana cultivation and processing sites;
            (5) identify areas where additional research is necessary, 
        including research relating to--
                    (A) the impacts of indoor and outdoor marijuana 
                cultivation and processing, including biological and 
                hydrological effects and impacts to soil and landscape, 
                such as the potential for erosion; and
                    (B) the remediation of former indoor or outdoor 
                marijuana cultivation or processing sites;
            (6) support other research priorities identified by the 
        Secretary, in consultation with State, local, and tribal 
        governments and other interested parties; and
            (7) include collaboration with colleges and universities 
        currently engaged in research on any matter described in this 
        section or additional research priorities determined 
        appropriate by the Secretary.

                  Subtitle G--SECURE Water Amendments

SEC. 361. AUTHORIZED ACTIVITIES; ELIGIBILITY; AUTHORIZATION OF 
              APPROPRIATIONS.

    (a) In General.--Section 9504 of the Omnibus Public Land Management 
Act of 2009 (42 U.S.C. 10364) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(H)--
                            (i) in clause (i), by striking ``or'' at 
                        the end;
                            (ii) in clause (ii), by striking the period 
                        and inserting ``; or''; and
                            (iii) by adding at the end the following:
                            ``(iii) to plan for or address the impacts 
                        of drought.''; and
                    (B) in paragraph (2)(A)--
                            (i) by striking ``; and'' and inserting ``; 
                        or'';
                            (ii) by striking ``(A) be located within 
                        the States'' and inserting the following:
                    ``(A) be located in--
                            ``(i) the States''; and
                            (iii) by adding at the end the following:
                            ``(ii) the State of Hawaii; and''; and
            (2) in subsection (e), by striking ``There is'' and all 
        that follows through ``$200,000,000'' and inserting ``There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this section for each of fiscal years 2015 through 
        2023''.

SEC. 362. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL WATER 
              AVAILABILITY AND USE ASSESSMENT PROGRAM.

    Section 9508(e)(2) of the Omnibus Public Land Management Act of 
2009 (42 U.S.C. 10368(e)(2)) is amended by striking ``$12,500,000 for 
the period of fiscal years 2009 through 2013'' and inserting ``such 
sums as are necessary for the period of fiscal years 2014 through 
2023''.

     Subtitle H--Refundable Tax Credit for Water-Harvesting Systems

SEC. 371. REFUNDABLE TAX CREDIT FOR WATER-HARVESTING SYSTEMS.

    (a) In General.--Subpart C of part IV of subchapter A of subtitle A 
of the Internal Revenue Code of 1986 is amended by inserting after 
section 36B the following new section:

``SEC. 36C. WATER-HARVESTING SYSTEMS.

    ``(a) In General.--In the case of an individual, there shall be 
allowed as a credit against the tax imposed by this subtitle for any 
taxable year an amount equal to the aggregate amount paid or incurred 
for the purchase and installation of a qualified water-harvesting 
system.
    ``(b) Limitation.--The amount allowed as a credit under subsection 
(a) shall not exceed the excess (if any) of--
            ``(1) $2,000, over
            ``(2) the amount allowed as a credit under subsection (a) 
        for all prior taxable years.
    ``(c) Qualified Water-Harvesting System Defined.--For purposes of 
this section, the term `qualified water-harvesting system' means 
earthworks or passive rain gardens, gutters, cisterns, tanks, and other 
systems that meet the guidelines developed under subsection (d) and 
that are installed in the United States with respect to the principal 
place of abode of the taxpayer.
    ``(d) Guidelines.--The Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, shall--
            ``(1) develop guidelines for the identification and 
        approval of qualified water-harvesting systems, and
            ``(2) shall review and, if appropriate, update such 
        guidelines at least once every 6 years.
Such guidelines shall include the establishment and maintenance of 
performance criteria so that products, landscapes, and processes meet 
industry standards for water-efficiency and water-capture. In 
developing and updating guidelines under this subsection, the Secretary 
shall solicit public comment.
    ``(e) Regulations.--The Secretary shall prescribe such regulations 
or other guidance as may be necessary or appropriate to carry out 
subsection (a).''.
    (b) Conforming Amendments.--
            (1) Section 1324(b)(2) of title 31, United States Code, is 
        amended by inserting ``36C,'' after ``36B,''.
            (2) The table of sections for subpart C of part IV of 
        subchapter A of chapter 1 of the Internal Revenue Code of 1986 
        is amended by inserting after the item relating to section 36B 
        the following new item:

``Sec. 36C. Water-harvesting systems.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

  Subtitle I--Funding for Construction for Additional Project Benefits

SEC. 381. FUNDING FOR CONSTRUCTION FOR ADDITIONAL PROJECT BENEFITS.

    The Reclamation Safety of Dams Act of 1978 (43 U.S.C. 509 et seq.) 
is amended--
            (1) in section 3, by striking ``Construction'' and 
        inserting ``Except as provided in section 5, construction''; 
        and
            (2) by inserting after section 5A the following:
    ``Sec. 5B. (a) Notwithstanding section 3, if the Secretary 
determines that additional project benefits, such as additional 
conservation storage capacity, are feasible and not inconsistent with 
the purposes of this Act, the Secretary is authorized to develop 
additional project benefits through the construction of new or 
supplementary works on a project in conjunction with the Secretary's 
activities under section 2 and subject to the conditions described in 
the feasibility study, if--
            ``(1) the Secretary determines that developing additional 
        project benefits through the construction of new or 
        supplementary works on a project is likely to promote more 
        efficient management of water and water-related facilities;
            ``(2) the feasibility study pertaining to additional 
        project benefits has been authorized pursuant to section 8 of 
        the Federal Water Project Recreation Act of 1965 (16 U.S.C. 
        460l-18); and
            ``(3) the Secretary determines, in advance of funds being 
        committed or expanded, that--
                    ``(A) the project sponsor shall provide funding for 
                not less than 75 percent of project costs;
                    ``(B) the project shall generate environmental 
                enhancement, including increase water deliveries for 
                environmental flows or refuge water supplies, that 
                justify a non-reimbursable Federal cost share of not 
                more than 25 percent and that a share of the increased 
                water supply made possible from expanded storage 
                capacity equal to the Federal cost share shall be made 
                available for such environmental purposes;
                    ``(C) all of the estimated costs properly allocable 
                to irrigation, power, and municipal water supply or 
                other miscellaneous purposes are included in the non-
                Federal cost share;
                    ``(D) any State cost identified shall be procured 
                or committed by the State; and
                    ``(E) the project sponsor shall complete a 
                feasibility study consistent with Bureau of Reclamation 
                requirements and report the findings of that study to 
                the Secretary.
    ``(b) If the project sponsor has a completed feasibility study and 
the Secretary makes a finding of feasibility, the Secretary is 
authorized to expend available appropriated funds for construction of 
the project if--
            ``(1) in the determination of the Secretary an analysis 
        commensurate with risk has been performed that demonstrates 
        that--
                    ``(A) financial feasibility or capability for 
                reimbursable project purposes and any remaining non-
                reimbursable project purposes not being funded by the 
                maximum 25-percent Federal cost-share; and
                    ``(B) the costs of non-reimbursable project 
                purposes to be borne by the United States are justified 
                by the environmental enhancement, including increase 
                water deliveries for environmental flows or refuge 
                water supplies, and that the Federal share of the 
                project costs shall not exceed 25 percent; and
            ``(2) any environmental document prepared by the project 
        sponsor is supplemented to address any changes to the project 
        that the Secretary determines are necessary.''.

                   Subtitle J--Open Water Data System

SEC. 391. OPEN WATER DATA SYSTEM.

    (a) Definitions.--In this section:
            (1) Educational institution.--The term ``educational 
        institution'' means--
                    (A) a public or private elementary or secondary 
                school;
                    (B) an institution of vocational, professional, or 
                higher education (including a junior college or 
                teachers' college); and
                    (C) an association of schools or institutions 
                described in subparagraphs (A) and (B).
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
            (4) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
            (5) System.--The term ``system'' means the open water data 
        system established under subsection (b).
    (b) System.--The Secretary shall establish and maintain an open 
water data system within the United States Geological Survey to advance 
the availability, timely distribution, and widespread use of water data 
and information for water management, education, research, assessment, 
and monitoring purposes.
    (c) Purposes.--The purposes of the system are--
            (1) to advance the quantification of the availability, use 
        of, and risks to, water resources throughout the United States;
            (2) to increase accessibility to, and expand the use of, 
        water data and information in a standard, easy-to-use format by 
        Federal, State, local, and tribal governments, communities, 
        educational institutions, and the private sector; and
            (3) to facilitate the open exchange of water information 
        particularly in the face of climate change and unprecedented 
        drought.
    (d) Activities.--In carrying out this section, the Secretary 
shall--
            (1) integrate water data and information into a 
        interoperable, national, geospatially referenced water data 
        framework;
            (2) identify new water data and information needs, 
        including data on surface and groundwater quality and quantity, 
        sediment, erosion, transport, water chemistry, precipitation, 
        reservoir storage, water cycle, landscape variables, 
        hydrography, climate and weather impacts, soil moisture, and 
        human use;
            (3) leverage existing shared databases, infrastructure, and 
        tools to provide a platform for water data and information 
        innovation, modeling and data sharing, and solution 
        development;
            (4) support water data and information sharing, applied 
        research, and educational programs of State, local, and tribal 
        governments, communities, educational institutions, and the 
        private sector; and
            (5) promote cooperation and sharing of expertise regarding 
        water data and information among State, local, and tribal 
        governments, communities, educational institutions, and the 
        private sector.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.

                   TITLE IV--PLANNING FOR THE FUTURE

           Subtitle A--X-Prize for Desalination Breakthroughs

SEC. 401. SHORT TITLE.

    This subtitle may be cited as the ``Water Innovation and Prize 
Competition Act of 2015''.

SEC. 402. WATER TECHNOLOGY AWARD PROGRAM.

    (a) Program Established.--The Secretary of Energy shall, in 
consultation with the Administrator of the Environmental Protection 
Agency and the Secretary of the Interior, working through the Bureau of 
Reclamation, establish a program to award prizes to eligible persons 
described in subsection (b) for achievement in one or more of the 
following applications of water technology:
            (1) Demonstration of desalination of brackish or sea water 
        with significantly less energy than commercially available 
        reverse osmosis technology.
            (2) Demonstration of portable or modular desalination units 
        that can process 1 to 5,000,000 gallons per day that could be 
        deployed for temporary emergency uses in coastal communities or 
        communities with brackish ground water supplies.
            (3) Demonstration of significant advantages over 
        commercially available reverse osmosis technology as determined 
        by the board established under subsection (c).
    (b) Eligible Person.--An eligible person described in this 
subsection is--
            (1) an individual who is--
                    (A) a citizen or legal resident of the United 
                States; or
                    (B) a member of a group that includes citizens or 
                legal residents of the United States; or
            (2) an entity that is incorporated and maintains its 
        primary place of business in the United States.
    (c) Establishment of Board.--
            (1) In general.--The Secretary of Energy shall establish a 
        board to administer the program established under subsection 
        (a).
            (2) Membership.--The board shall be composed of not less 
        than 15 and not more than 21 members appointed by the 
        President, of whom--
                    (A) not less than 1 shall--
                            (i) be a representative of the interests of 
                        academic, business, and nonprofit 
                        organizations; and
                            (ii) have expertise in--
                                    (I) the field of water technology, 
                                including desalination; or
                                    (II) administering award 
                                competitions; and
                    (B) not less than 1 shall be from each of--
                            (i) the Department of Energy;
                            (ii) the Environmental Protection Agency;
                            (iii) the Bureau of Reclamation of the 
                        Department of the Interior; and
                            (iv) the National Science Foundation.
    (d) Awards.--Subject to the availability of appropriations, the 
board established under subsection (c) may make awards under the 
program established under subsection (a) as follows:
            (1) Financial prize.--The board may hold a financial award 
        competition and award a financial award in an amount determined 
        before the commencement of the competition to the first 
        competitor to meet such criteria as the board shall establish.
            (2) Recognition prize.--
                    (A) In general.--The board may recognize an 
                eligible person for superlative achievement in one or 
                more applications described in subsection (a).
                    (B) No financial remuneration.--An award under this 
                paragraph shall not include any financial remuneration.
                    (C) National technology and innovation medal 
                recommendations.--For each eligible person recognized 
                under this paragraph, the board shall recommend to the 
                Secretary of Commerce that the Secretary recommend to 
                the President under section 16(b) of the Stevenson-
                Wydler Technology Innovation Act of 1980 (15 U.S.C. 
                3711) that the President award the National Technology 
                and Innovation Medal established under section 16(a) of 
                such Act to such eligible person.
    (e) Administration.--
            (1) Contracting.--The board established under subsection 
        (c) may contract with a private organization to administer a 
        financial award competition described in subsection (d)(1).
            (2) Solicitation of funds.--A member of the board or any 
        administering organization with which the board has a contract 
        under paragraph (1) may solicit gifts from private and public 
        entities to be used for a financial award under subsection 
        (d)(1).
            (3) Limitation on participation of donors.--The board may 
        allow a donor who is a private person described in paragraph 
        (2) to participate in the determination of criteria for an 
        award under subsection (d), but such donor may not solely 
        determine the criteria for such award.
            (4) No advantage for donation.--A donor who is a private 
        person described in paragraph (3) shall not be entitled to any 
        special consideration or advantage with respect to 
        participation in a financial award competition under subsection 
        (d)(1).
    (f) Intellectual Property.--The Federal Government may not acquire 
an intellectual property right in any product or idea by virtue of the 
submission of such product or idea in any competition under subsection 
(d)(1).
    (g) Liability.--The board established under subsection (c) may 
require a competitor in a financial award competition under subsection 
(d)(1) to waive liability against the Federal Government for injuries 
and damages that result from participation in such competition.
    (h) Annual Report.--Each year, the board established under 
subsection (c) shall submit to Congress a report on the program 
established under subsection (a).
    (i) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        sums for the program established under subsection (a) as 
        follows:
                    (A) For administration of prize competitions under 
                subsection (d), $750,000 for each fiscal year.
                    (B) For the awarding of a financial prize award 
                under subsection (d)(1), in addition to any amounts 
                received under subsection (e)(2), $2,000,000 for each 
                fiscal year.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) shall 
        remain available until expended.

  Subtitle B--Drought Planning Assistance Through NRCS and Reclamation

SEC. 411. DROUGHT PLANNING ASSISTANCE THROUGH NRCS AND RECLAMATION.

    (a) In General.--The Secretary of Agriculture, acting through the 
Natural Resources Conservation Service, in collaboration with the 
Secretary of the Interior, acting through the Bureau of Reclamation, 
shall, upon request, provide assistance to water or power delivery 
authorities, including water districts and irrigation districts, that 
are authorized under subtitle F of title IX of the Omnibus Public Land 
Management Act of 2009 (42 U.S.C. 10362 et seq.) to receive financial 
assistance from the Bureau of Reclamation, for the purposes of 
increasing water use efficiency and providing on-farm assistance to 
address water quantity and water quality conservation practices.
    (b) Types of Assistance.--Assistance under subsection (a) shall 
include--
            (1) hydrological forecasting;
            (2) assessment of water supply sources under different 
        water year classification types;
            (3) identification of alternative water supply sources;
            (4) guidance on potential water transfer partners;
            (5) technical assistance regarding Federal and State 
        permits and contracts under the Act of February 21, 1911 (36 
        Stat. 925, chapter 141) (commonly known as the ``Warren Act'');
            (6) installation of districtwide or on-farm water 
        efficiency and conservation technologies, including behavioral 
        water efficiency, system modernizations (including leak repair 
        and supervisory control and data acquisition systems), and 
        other technologies that have been proven to provide 
        improvements in water use efficiency through verification by a 
        third party;
            (7) technical assistance regarding emergency provision of 
        water supplies for critical health and safety purposes; and
            (8) activities carried out in conjunction with the National 
        Oceanic and Atmospheric Administration, the National Integrated 
        Drought Information System, and the State partners of the 
        National Integrated Drought Information System under the 
        National Integrated Drought Information System Act of 2006 (15 
        U.S.C. 313d)--
                    (A) to collect and integrate key indicators of 
                drought severity and impacts; and
                    (B) to produce and communicate timely monitoring 
                and forecast information to local and regional 
                communities.

             Subtitle C--Drought Preparedness for Fisheries

SEC. 421. DROUGHT PREPAREDNESS FOR FISHERIES.

    (a) Salmon Drought Plan.--Not later than January 1, 2016, the 
Director of the United States Fish and Wildlife Service shall, in 
consultation with the National Marine Fisheries Service, the Bureau of 
Reclamation, the Army Corps of Engineers, and the California Department 
of Fish and Wildlife, prepare a California salmon drought plan. The 
plan shall investigate options to protect salmon populations 
originating in the State of California, contribute to the recovery of 
populations listed under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), and contribute to the goals of the Central Valley 
Project Improvement Act (Public Law 102-575). The plan shall focus on 
actions that can aid salmon populations during the driest years. 
Strategies investigated shall include--
            (1) relocating the release location and timing of hatchery 
        fish to avoid predation and temperature impacts;
            (2) barging of hatchery release fish to improve survival 
        and reduce straying;
            (3) coordinating with water users, the Bureau of 
        Reclamation, and the California Department of Water Resources 
        regarding voluntary water transfers, to determine if water 
        released upstream to meet the needs of downstream or South-of-
        Delta water users can be managed in a way that provides 
        additional benefits for salmon;
            (4) hatchery management modifications, such as expanding 
        hatchery production of listed fish during the driest years, if 
        appropriate;
            (5) increasing rescue operations of upstream migrating 
        fish; and
            (6) improving temperature modeling and related forecasted 
        information to predict water management impacts to salmon and 
        salmon habitat with a higher degree of accuracy than current 
        models.
    (b) Coordination With Fisheries Agencies.--In preparing the plan 
under subsection (a), the Director shall coordinate with the National 
Marine Fisheries Service and relevant State agencies.
    (c) Appropriation.--There is hereby appropriated for fiscal year 
2014, out of any funds in the Treasury not otherwise appropriated, a 
total amount of $3,000,000, to remain available until the end of the 
period during which the State's emergency drought designation is in 
effect, for the United States Fish and Wildlife Service for urgent 
fish, stream, and hatchery activities related to extreme drought 
conditions, including work with the National Marine Fisheries Service, 
the Bureau of Reclamation, the Army Corps of Engineers, the California 
Department of Fish and Wildlife, or a qualified tribal government.
    (d) Qualified Tribal Government Definition.--For the purposes of 
this section, the term ``qualified tribal government'' means any 
government of an Indian tribe that the Secretary of the Interior 
determines--
            (1) is involved in salmon management and recovery 
        activities including under the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.); and
            (2) has the management and organizational capability to 
        maximize the benefits of assistance provided under this 
        section.

            Subtitle D--National Emergency Planning Response

SEC. 431. NATIONAL EMERGENCY PLANNING RESPONSE.

    (a) Catastrophic Drought Plan.--Not later than 120 days after the 
date of enactment of this Act, the President shall update the National 
Response Plan and the National Disaster Recovery Framework to include a 
plan for catastrophic drought that calls on the capabilities of all 
applicable Federal agencies and departments, including the pre-
positioning of Federal resources to provide emergency clean water 
supplies.
    (b) Definitions.--For the purposes of this section--
            (1) the term ``National Response Plan'' means the National 
        Response Plan or any successor plan prepared under section 
        504(a)(6) of the Homeland Security Act of 2002 (6 U.S.C. 
        314(a)(6)); and
            (2) the term ``National Disaster Recovery Framework'' means 
        the National Disaster Recovery Framework or any successor 
        document prepared under section 682 of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 771).

           Subtitle E--Military Preparedness for Desalination

SEC. 441. REPORT ON DESALINIZATION TECHNOLOGY.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of the Navy shall submit to Congress a report on 
desalinization technology's application for defense and national 
security purposes to provide drought relief to areas impacted by sharp 
declines in water supply.
                                 <all>