[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2563 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2563

   To improve the water supply and drought resilience of the United 
                    States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2018

  Mr. Flake (for himself, Mr. McCain, Mr. Gardner, and Mr. Barrasso) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To improve the water supply and drought resilience of the United 
                    States, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water Supply 
Infrastructure and Drought Resilience Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                  TITLE I--WATER SUPPLY INFRASTRUCTURE

            Subtitle A--Water Supply Permitting Coordination

Sec. 101. Definitions.
Sec. 102. Establishment of lead coordinating agency and participating 
                            agencies.
Sec. 103. Bureau responsibilities.
Sec. 104. Participating agency responsibilities.
Sec. 105. Funding to process permits.
             Subtitle B--Modifications of Existing Programs

Sec. 111. WaterSMART.
Sec. 112. Grants and cooperative agreements with Indian tribes and 
                            organizations.
Sec. 113. Cooperative watershed management program.
             Subtitle C--Bureau of Reclamation Transparency

Sec. 121. Definitions.
Sec. 122. Asset management report enhancements for reserved works.
Sec. 123. Asset management report enhancements for transferred works.
                 TITLE II--WATER MANAGEMENT IMPROVEMENT

     Subtitle A--Review of Flood Control Rule Curves Pilot Project

Sec. 201. Definitions.
Sec. 202. Establishment of pilot project.
Sec. 203. Selection of eligible works.
Sec. 204. Adjustment of flood control rule.
Sec. 205. Consultation.
Sec. 206. Funding.
Sec. 207. Effect.
Sec. 208. Termination.
               Subtitle B--Aquifer Recharge Augmentation

Sec. 211. Definitions.
Sec. 212. Rescheduling of water for aquifer recharge.
Sec. 213. Flexibility to allow greater aquifer recharge.
Sec. 214. Use of public land for aquifer recharge.
                   TITLE III--WATER SUPPLY CERTAINTY

                  Subtitle A--Water Rights Protection

Sec. 301. Definitions.
Sec. 302. Treatment of water rights.
Sec. 303. Policy development.
Sec. 304. Effect.
                Subtitle B--Permits for Water Transfers

Sec. 311. Permits for water transfers.
             Subtitle C--Endangered Fish Recovery Programs

Sec. 321. Extension of authorization to use Upper Colorado River Basin 
                            Fund revenues for annual base funding of 
                            fish recovery programs; removal of certain 
                            reporting requirement.
Sec. 322. Report on Recovery Implementation Programs.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau.
            (3) Reclamation facility.--The term ``Reclamation 
        facility'' means each of the infrastructure assets that are 
        owned by the Bureau at a Reclamation project.
            (4) Reclamation project.--The term ``Reclamation project'' 
        means any reclamation or irrigation project, including 
        incidental features thereof, authorized by Federal reclamation 
        law, or constructed by the United States pursuant to such law, 
        or in connection with which there is a repayment or water 
        service contract executed by the United States pursuant to such 
        law, or any project constructed by the Secretary through the 
        Bureau of Reclamation for the reclamation of lands.
            (5) Reserved works.--The term ``reserved works'' means any 
        building, structure, facility, or equipment--
                    (A) that is owned by the Bureau; and
                    (B) for which operations and maintenance are 
                performed, regardless of the source of funding--
                            (i) by an employee of the Bureau; or
                            (ii) through a contract entered into by the 
                        Commissioner.
            (6) Responsible party.--The term ``responsible party'' 
        means--
                    (A) with respect to a reserved works--
                            (i) a non-Federal water user or power 
                        contractor that has an active repayment, water 
                        service, or power service contract with the 
                        Bureau;
                            (ii) a power contractor that has an active 
                        contract with a Federal power marketing 
                        administration for energy, capacity, or both 
                        from a hydropower facility owned by the Bureau; 
                        or
                            (iii) a non-Federal operating entity, such 
                        as a joint powers authority or Board of 
                        Control, that has assumed responsibility on 
                        behalf of multiple water users, through a 
                        contract with the Bureau, for the operation and 
                        maintenance of the reserved works; and
                    (B) with respect to a transferred works, the 
                operating entity of the transferred works.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Transferred works.--The term ``transferred works'' 
        means a Reclamation facility at which operations and 
        maintenance of the facility is carried out by a non-Federal 
        entity under the provisions of a formal operations and 
        maintenance transfer contract or other legal agreement with the 
        Bureau.

                  TITLE I--WATER SUPPLY INFRASTRUCTURE

            Subtitle A--Water Supply Permitting Coordination

SEC. 101. DEFINITIONS.

    In this subtitle:
            (1) Cooperating agency.--The term ``cooperating agency'' 
        has the meaning given the term in section 1508.5 of title 40, 
        Code of Federal Regulations (or successor regulations).
            (2) Participating agency.--The term ``participating 
        agency'' means--
                    (A) a Federal agency with jurisdiction over a 
                review, analysis, opinion, statement, permit, license, 
                or other approval or decision required for a qualifying 
                project under applicable Federal law; or
                    (B) a State agency or an Indian Tribe subject to 
                section 102(c).
            (3) Project sponsor.--The term ``project sponsor'' means an 
        entity (including any private, public, or public-private 
        entity) seeking an authorization for a qualifying project.
            (4) Qualifying project.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``qualifying project'' means a new 
                surface water storage project in the United States 
                covered under the Act of June 17, 1902 (32 Stat. 388, 
                chapter 1093), and Acts supplemental to and amendatory 
                of that Act (43 U.S.C. 371 et seq.) constructed on land 
                administered by the Department of the Interior or the 
                Department of Agriculture, exclusive of any easement, 
                right-of-way, lease, or private holding that does not 
                otherwise qualify or is not otherwise selected as a 
                covered project under--
                            (i) title XLI of the Fixing America's 
                        Surface Transportation Act (42 U.S.C. 4370m-1 
                        et seq.); or
                            (ii) section 2045 of the Water Resources 
                        Development Act of 2007 (33 U.S.C. 2348).
                    (B) Exclusion.--The term ``qualifying project'' 
                does not include a project described in subparagraph 
                (A) for which the project sponsor elects not to submit 
                a substantially complete proposal under this subtitle.
            (5) Substantially complete proposal.--
                    (A) In general.--The term ``substantially complete 
                proposal'' means a proposal submitted by or on behalf 
                of a project sponsor that includes information 
                describing a proposed qualifying project and all 
                components of the qualifying project in sufficient 
                detail to understand jurisdictional boundaries to 
                determine involvement of participating agencies and 
                resources that may be affected by the qualifying 
                project.
                    (B) Inclusions.--A substantially complete proposal 
                shall include, at a minimum, the following:
                            (i) A statement of the purposes and 
                        objectives of the proposed qualifying project.
                            (ii) A concise description, including the 
                        location, of the proposed qualifying project.
                            (iii) A summary of geospatial information, 
                        if available, illustrating the qualifying 
                        project area.
                            (iv) Geospatial information with locations, 
                        if any, of environmental, cultural, and 
                        historical resources (such as habitat types, 
                        species present or known to occur in the area, 
                        surface water, groundwater, wetland, and land 
                        ownership).
                            (v) A statement regarding the technical and 
                        financial ability of the project sponsor.
                            (vi) A statement of any Federal, State, and 
                        local agency and Tribal financing, 
                        environmental reviews, permits, and 
                        authorizations anticipated to be required to 
                        complete the proposed qualifying project.
            (6) Unified environmental record.--The term ``unified 
        environmental record'' means a compilation of environmental 
        compliance documents (such as those required under applicable 
        Federal law, including the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.), the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.), and division A of 
        subtitle III of title 54, United States Code) on which all 
        agencies with authority to issue approvals for a particular 
        qualifying project shall base approval decisions.

SEC. 102. ESTABLISHMENT OF LEAD COORDINATING AGENCY AND PARTICIPATING 
              AGENCIES.

    (a) Establishment of Lead Agency.--The Bureau is established as the 
lead coordinating agency for purposes of coordinating all reviews, 
analyses, opinions, statements, permits, licenses, or other approvals 
or decisions required under Federal law to construct qualifying 
projects.
    (b) Identification and Establishment of Participating Agencies.--
The Commissioner, on receipt of a substantially complete proposal, 
shall--
            (1) identify, as early as practicable, any Federal agency 
        that may have jurisdiction over a review, analysis, opinion, 
        statement, permit, license, approval, or decision required for 
        a qualifying project under applicable Federal law; and
            (2) notify any Federal agency identified under paragraph 
        (1), within a reasonable timeframe, that the agency has been 
        designated as a participating agency with regard to the 
        qualifying project unless that agency responds to the 
        Commissioner in writing, within a timeframe established by the 
        Commissioner, notifying the Commissioner that the agency--
                    (A) has no jurisdiction or authority with respect 
                to the qualifying project;
                    (B) has no expertise or information relevant to the 
                qualifying project or any review, analysis, opinion, 
                statement, permit, license, or other approval or 
                decision associated with the qualifying project; or
                    (C) does not intend to submit comments on the 
                qualifying project or conduct any review of the 
                qualifying project or make any decision with respect to 
                the project in a manner other than in cooperation with 
                the Commissioner.
    (c) State or Tribal Authority.--A State or an Indian Tribe (in the 
case of Tribal land) on which a qualifying project is being considered 
may choose, consistent with State or Tribal law--
            (1) to participate as a participating agency; and
            (2) to make subject to this Act all State or Tribal 
        agencies that--
                    (A) have jurisdiction over the qualifying project;
                    (B) are required to conduct or issue a review, 
                analysis, or opinion for the qualifying project; or
                    (C) are required to make a determination on issuing 
                a permit, license, or approval for the qualifying 
                project.
    (d) Cooperating Agencies.--The Commissioner, as the head of the 
lead coordinating agency, shall identify cooperating agencies pursuant 
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).

SEC. 103. BUREAU RESPONSIBILITIES.

    (a) In General.--The principal responsibilities of the Commissioner 
under this subtitle are--
            (1) to serve as the point of contact for any project 
        sponsors, State agencies, Indian Tribes, and other entities 
        regarding proposed qualifying projects;
            (2) to coordinate preparation of a unified environmental 
        record that will serve as the basis for all Federal decisions 
        necessary to authorize the use of Federal land for qualifying 
        projects; and
            (3) to coordinate all Federal agency reviews necessary for 
        qualifying project development and construction of qualifying 
        projects.
    (b) Coordination Process.--The Commissioner shall have the 
following coordination responsibilities:
            (1) Early coordination.--Lead early coordination, prior to 
        the application of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.), as follows:
                    (A) On request from a project sponsor, advise the 
                project sponsor in developing a substantially complete 
                proposal for the qualifying project, including 
                explaining applicable processes, data requirements, and 
                applicant submissions necessary to complete the 
                required Federal agency reviews within the timeframe 
                established.
                    (B) Review a final proposal submitted by a project 
                sponsor and, not later than 30 days after receipt of 
                the final proposal, make a determination whether--
                            (i) the final proposal is a substantially 
                        complete proposal; and
                            (ii) the final proposal describes a 
                        qualifying project.
                    (C) Establish a preliminary schedule for the 
                qualifying project.
            (2) Coordinate with participating and cooperating 
        agencies.--
                    (A) Coordinate notification of participating 
                agencies and invitation to cooperating agencies with 
                respect to each proposed qualifying project by not 
                later than 30 days after the date on which the 
                Commissioner makes a positive determination under 
                clauses (i) and (ii) of paragraph (1)(B).
                    (B)(i) Coordinate with the participating agencies 
                and cooperating agencies throughout the Federal agency 
                review process.
                    (ii) Identify and obtain relevant data in a timely 
                manner.
                    (iii) Verify and, if necessary, revise the project 
                schedule described in paragraph (3).
                    (iv) In consultation with the project sponsor, set 
                necessary deadlines for participating agencies and 
                cooperating agencies.
            (3) Schedule.--
                    (A) In general.--Work with the project sponsor and 
                participating agencies to establish a project schedule.
                    (B) Factors.--In establishing the project schedule 
                under subparagraph (A), the Commissioner shall 
                consider, among other factors--
                            (i) the responsibilities of participating 
                        agencies under applicable law;
                            (ii) the resources available to the 
                        cooperating agencies and the project sponsor, 
                        as applicable;
                            (iii) the overall size and complexity of 
                        the qualifying project;
                            (iv) the overall schedule for and cost of 
                        the qualifying project; and
                            (v) the sensitivity of the natural and 
                        historic resources that may be affected by the 
                        qualifying project.
            (4) Coordinated reviews.--At the discretion of the 
        Commissioner, ensure that all reviews, analyses, opinions, 
        permits, licenses, and approvals required to be issued or made 
        by a Federal, State, or local government agency or Indian Tribe 
        for the development of a qualifying project shall be conducted, 
        to the maximum extent practicable, concurrently and completed 
        within a time period established by the Secretary in 
        cooperation with the participating agencies.
            (5) Environmental compliance.--
                    (A) In general.--Coordinate a unified environmental 
                record for each substantially complete proposal, 
                incorporating a single environmental record on which 
                all participating agencies with authority to issue 
                approvals for a particular qualifying project shall 
                base project approval decisions.
                    (B) Timelines.--Help ensure that participating 
                agencies make necessary decisions described in 
                subparagraph (A), within the respective authorities of 
                the participating agencies, regarding Federal approvals 
                in accordance with the following timelines:
                            (i) Not later than 1 year after acceptance 
                        of a substantially complete proposal, when an 
                        environmental assessment and finding of no 
                        significant impact is determined to be the 
                        appropriate level of review under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.).
                            (ii) Not later than 1 year and 30 days 
                        after the close of the public comment period 
                        for a draft environmental impact statement 
                        under the National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.), when an 
                        environmental impact statement is required 
                        under that Act.
            (6) Consolidated administrative record.--Maintain a 
        consolidated administrative record of the information assembled 
        and used by the participating agencies as the basis for agency 
        decisions.
            (7) Project data records.--
                    (A) Submission; maintenance.--To the maximum extent 
                practicable and consistent with Federal law, ensure 
                that all qualifying project data is submitted and 
                maintained in a generally accessible electronic format.
                    (B) Compilation; availability.--Compile, and where 
                authorized under existing law, make available that 
                project data to participating agencies, the project 
                sponsors, and the public.
            (8) Project manager.--
                    (A) In general.--Appoint a project manager for each 
                qualifying project.
                    (B) Authority; responsibilities.--The project 
                manager shall--
                            (i) have authority to oversee the 
                        qualifying project and to facilitate the 
                        issuance of the relevant final authorizing 
                        documents by responsible officials; and
                            (ii) be responsible for facilitating 
                        fulfillment of all Commissioner 
                        responsibilities under this section and 
                        coordinating all participating agency 
                        responsibilities under section 104.

SEC. 104. PARTICIPATING AGENCY RESPONSIBILITIES.

    (a) Adherence to Bureau Schedule.--
            (1) Timeframes.--On notification from the Commissioner that 
        the Commissioner has received a substantially complete proposal 
        relating to a qualifying project, the head of each 
        participating agency shall submit to the Commissioner a 
        timeframe under which the participating agency reasonably will 
        be able to complete the authorizing responsibilities of the 
        participating agency relating to the qualifying project.
            (2) Schedule.--
                    (A) Use of timeframes.--The Commissioner shall use 
                the timeframes submitted under this subsection to 
                establish the project schedule under section 103(b)(3).
                    (B) Adherence.--Each participating agency shall 
                adhere to the project schedule established by the 
                Commissioner under section 103(b)(3).
    (b) Environmental Record.--The head of each participating agency 
shall submit to the Commissioner all environmental review material 
produced or compiled in the course of carrying out activities required 
under Federal law, consistent with the project schedule established by 
the Commissioner under section 103(b)(3).
    (c) Data Submission.--To the maximum extent practicable and 
consistent with Federal law, the head of each participating agency 
shall submit all relevant project data to the Commissioner in a 
generally accessible electronic format, subject to the project schedule 
established by the Commissioner under section 103(b)(3).

SEC. 105. FUNDING TO PROCESS PERMITS.

    (a) In General.--The Secretary, after public notice in accordance 
with subchapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ``Administrative Procedure Act''), 
may accept and expend funds for the development of a qualifying project 
under this subtitle, including the transfer to a participating agency 
for the purposes of this subtitle of funds contributed by a non-Federal 
public entity to expedite the evaluation of a permit of that entity 
relating to a qualifying project.
    (b) Effect on Permitting.--
            (1) In general.--In carrying out this section, the 
        Secretary shall ensure that the use of funds accepted under 
        subsection (a) shall not procedurally impact impartial 
        decisionmaking with respect to permits.
            (2) Evaluation of permits.--In carrying out this section, 
        the Secretary shall ensure that the evaluation of permits 
        carried out using funds accepted under this section shall--
                    (A) be reviewed by the Regional Director of the 
                Bureau of the region in which the qualifying project is 
                located (or a designee); and
                    (B) use the same procedures for decisions that 
                would otherwise be required for the evaluation of 
                permits for similar projects or activities not carried 
                out using funds authorized under this section.
            (3) Impartial decisionmaking.--In carrying out this 
        section, the Secretary and the head of each participating 
        agency receiving funds under this section for a qualifying 
        project shall ensure that the use of the funds accepted under 
        this section for the qualifying project shall not--
                    (A) substantively or procedurally impact impartial 
                decisionmaking with respect to the issuance of permits; 
                or
                    (B) diminish, modify, or otherwise affect the 
                statutory or regulatory authorities of the 
                participating agency.
    (c) Limitation on Use of Funds.--None of the funds accepted under 
this section shall be used to carry out a review of the evaluation of 
permits required under subsection (b)(2)(A) after the Regional Director 
of the Bureau completes the evaluation of permits.
    (d) Public Availability.--The Secretary shall ensure that all final 
permit decisions carried out using funds accepted under this section 
are made available to the public, including on the internet.

             Subtitle B--Modifications of Existing Programs

SEC. 111. WATERSMART.

    (a) Definition of Eligible Applicant.--Section 9502 of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``section'' and inserting ``subtitle''; and
            (2) in paragraph (7), by inserting ``State, regional, or 
        local authority the members of which include 1 or more 
        organizations with water or power delivery authority,'' after 
        ``water district,''.
    (b) Water Management Improvement.--Section 9504(a) of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is amended--
            (1) in paragraph (2)(A)--
                    (A) by striking ``within the States'' and inserting 
                the following: ``within--
                            ``(i) the States'';
                    (B) in clause (i) (as so designated), by striking 
                ``and'' at the end and inserting ``or''; and
                    (C) by adding at the end the following:
                            ``(ii) the State of Alaska; and''.
            (2) in paragraph (3)(B)--
                    (A) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), respectively, and indenting 
                appropriately;
                    (B) in the matter preceding subclause (I) (as so 
                redesignated), by striking ``In carrying'' and 
                inserting the following:
                            ``(i) In general.--Except as provided in 
                        clause (ii), in carrying''; and
                    (C) by adding at the end the following:
                            ``(ii) Indian tribes.--In the case of an 
                        eligible applicant that is an Indian tribe, in 
                        carrying out paragraph (1), the Secretary shall 
                        not provide a grant, or enter into an 
                        agreement, for an improvement to conserve 
                        irrigation water unless the Indian tribe agrees 
                        not--
                                    ``(I) to use any associated water 
                                savings to increase the total irrigated 
                                acreage more than the water right of 
                                that Indian tribe, as determined by--
                                            ``(aa) a court decree;
                                            ``(bb) a settlement;
                                            ``(cc) a law; or
                                            ``(dd) any combination of 
                                        the authorities described in 
                                        items (aa) through (cc); or
                                    ``(II) to otherwise increase the 
                                consumptive use of water more than the 
                                water right of the Indian tribe 
                                described in subclause (I).''.

SEC. 112. GRANTS AND COOPERATIVE AGREEMENTS WITH INDIAN TRIBES AND 
              ORGANIZATIONS.

    Section 201 of the Energy and Water Development Appropriations Act, 
2003 (43 U.S.C. 373d) is amended in the first sentence by inserting 
``Native village, Village Corporation, or Regional Corporation (as 
those terms are defined in section 3 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1602)),'' after ``national Indian 
organization,''.

SEC. 113. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.

    Section 6001(5) of the Omnibus Public Land Management Act of 2009 
(16 U.S.C. 1015(5)) is amended--
            (1) in subparagraph (D)(iv), by striking ``and'' at the 
        end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) may be sponsored by a State or a conservation 
                district.''.

             Subtitle C--Bureau of Reclamation Transparency

SEC. 121. DEFINITIONS.

    In this subtitle:
            (1) Asset.--
                    (A) In general.--The term ``asset'' means any of 
                the following assets that are used to achieve the 
                mission of the Bureau to manage, develop, and protect 
                water and related resources in an environmentally and 
                economically sound manner in the interest of the people 
                of the United States:
                            (i) Capitalized facilities, buildings, 
                        structures, project features, power production 
                        equipment, recreation facilities, or quarters.
                            (ii) Capitalized and noncapitalized heavy 
                        equipment and other installed equipment.
                    (B) Inclusions.--The term ``asset'' includes assets 
                described in subparagraph (A) that are considered to be 
                mission critical.
            (2) Asset management report.--The term ``Asset Management 
        Report'' means--
                    (A) the annual plan prepared by the Bureau known as 
                the ``Asset Management Plan''; and
                    (B) any publicly available information relating to 
                the plan described in subparagraph (A) that summarizes 
                the efforts of the Bureau to evaluate and manage 
                infrastructure assets of the Bureau.
            (3) Major repair and rehabilitation need.--The term ``major 
        repair and rehabilitation need'' means major nonrecurring 
        maintenance at a Reclamation facility, including maintenance 
        related to the safety of dams, extraordinary maintenance of 
        dams, deferred major maintenance activities, and all other 
        significant repairs and extraordinary maintenance.

SEC. 122. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall submit to Congress an Asset Management 
Report that--
            (1) describes the efforts of the Bureau--
                    (A) to maintain in a reliable manner all reserved 
                works at Reclamation facilities; and
                    (B) to standardize and streamline data reporting 
                and processes across regions and areas for the purpose 
                of maintaining reserved works at Reclamation 
                facilities; and
            (2) expands on the information otherwise provided in an 
        Asset Management Report, in accordance with subsection (b).
    (b) Infrastructure Maintenance Needs Assessment.--
            (1) In general.--The Asset Management Report submitted 
        under subsection (a) shall include--
                    (A) a detailed assessment of major repair and 
                rehabilitation needs for all reserved works at all 
                Reclamation projects; and
                    (B) to the maximum extent practicable, an itemized 
                list of major repair and rehabilitation needs of 
                individual Reclamation facilities at each Reclamation 
                project.
            (2) Inclusions.--To the maximum extent practicable, the 
        itemized list of major repair and rehabilitation needs under 
        paragraph (1)(B) shall include--
                    (A) a budget level cost estimate of the 
                appropriations needed to complete each item; and
                    (B) an assignment of a categorical rating for each 
                item, consistent with paragraph (3).
            (3) Rating requirements.--
                    (A) In general.--The system for assigning ratings 
                under paragraph (2)(B) shall be--
                            (i) consistent with existing uniform 
                        categorization systems to inform the annual 
                        budget process and agency requirements; and
                            (ii) subject to the guidance and 
                        instructions issued under subparagraph (B).
                    (B) Guidance.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                issue guidance that describes the applicability of the 
                rating system applicable under paragraph (2)(B) to 
                Reclamation facilities.
            (4) Public availability.--Except as provided in paragraph 
        (5), the Secretary shall make publicly available, including on 
        the internet, the Asset Management Report required under 
        subsection (a).
            (5) Confidentiality.--The Secretary may exclude from the 
        public version of the Asset Management Report made available 
        under paragraph (4) any information that the Secretary 
        identifies as sensitive or classified, but shall make available 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives a version of the report containing the 
        sensitive or classified information.
    (c) Updates.--Not later than 2 years after the date on which the 
Asset Management Report is submitted under subsection (a) and 
biennially thereafter, the Secretary shall update the Asset Management 
Report, subject to the requirements of section 123(b)(2).
    (d) Consultation.--To the extent that such consultation would 
assist the Secretary in preparing the Asset Management Report under 
subsection (a) and updates to the Asset Management Report under 
subsection (c), the Secretary shall consult with--
            (1) the Secretary of the Army (acting through the Chief of 
        Engineers); and
            (2) water and power contractors.

SEC. 123. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS.

    (a) In General.--The Secretary shall coordinate with the non-
Federal entities responsible for the operation and maintenance of 
transferred works in developing reporting requirements for Asset 
Management Reports with respect to major repair and rehabilitation 
needs for transferred works that are similar to the reporting 
requirements described in section 122(b).
    (b) Guidance.--
            (1) In general.--After considering input from water and 
        power contractors of the Bureau, the Secretary shall develop 
        and implement a rating system for transferred works that 
        incorporates, to the maximum extent practicable, the rating 
        system for major repair and rehabilitation needs for reserved 
        works developed under section 122(b)(3).
            (2) Updates.--The ratings system developed under paragraph 
        (1) shall be included in the updated Asset Management Reports 
        under section 122(c).

                 TITLE II--WATER MANAGEMENT IMPROVEMENT

     Subtitle A--Review of Flood Control Rule Curves Pilot Project

SEC. 201. DEFINITIONS.

    In this subtitle:
            (1) Eligible works.--
                    (A) In general.--The term ``eligible works'' means 
                a reserved works, or a transferred works for which--
                            (i) the flood control rule curve has not 
                        been substantially adjusted during the 10-year 
                        period ending on the date of enactment of this 
                        Act; and
                            (ii) the Secretary receives a request in 
                        accordance with section 203(a).
                    (B) Exclusions.--The term ``eligible works'' does 
                not include--
                            (i) any project authorized by the Boulder 
                        Canyon Project Act (43 U.S.C. 617 et seq.);
                            (ii) any project authorized by the Act of 
                        April 11, 1956 (commonly known as the 
                        ``Colorado River Storage Project Act'') (43 
                        U.S.C. 620 et seq.); or
                            (iii) any project of the Pick-Sloan 
                        Missouri River Basin Program (authorized by 
                        section 9 of the Act of December 22, 1944 
                        (commonly known as the ``Flood Control Act of 
                        1944'') (58 Stat. 891, chapter 665)).
            (2) Pilot project.--The term ``pilot project'' means the 
        pilot project established under section 202.

SEC. 202. ESTABLISHMENT OF PILOT PROJECT.

    The Secretary shall establish within the Bureau a pilot project to 
adjust flood control rule curves in accordance with section 204.

SEC. 203. SELECTION OF ELIGIBLE WORKS.

    (a) Request.--
            (1) In general.--In order for an eligible works to be 
        selected for inclusion in the pilot project, a responsible 
        party shall submit a written request to the Secretary.
            (2) Notice.--Not later than 30 days after the date on which 
        the Secretary receives a request under paragraph (1), the 
        Secretary shall notify--
                    (A) each responsible party of that request, using 
                lists maintained by the Bureau; and
                    (B) if applicable, the appropriate Federal power 
                marketing administration.
    (b) Selection.--Each year, the Secretary shall--
            (1) select 1 or more eligible works for inclusion in the 
        pilot project; and
            (2) submit a list of those eligible works to--
                    (A) the Secretary of the Army;
                    (B) the Committee on Natural Resources of the House 
                of Representatives; and
                    (C) the Committee on Energy and Natural Resources 
                of the Senate.
    (c) Exclusion.--The Secretary shall not select an eligible works 
for inclusion in the pilot project under subsection (b)(1) if, not 
later than 60 days after the date on which the notice is provided to 
each responsible party under subsection (a)(2)(A), a majority of the 
responsible parties submit to the Secretary an objection to the 
inclusion of the eligible works in the pilot project.

SEC. 204. ADJUSTMENT OF FLOOD CONTROL RULE.

    (a) In General.--The flood control rule curve of an eligible works 
shall be adjusted pursuant to section 7 of the Act of December 22, 1944 
(33 U.S.C. 709), if the Secretary of the Army determines that the 
adjustment would enhance the authorized purposes of the eligible works.
    (b) Considerations.--In the adjustment of a flood control rule 
curve under subsection (a), the following factors shall be considered:
            (1) Forecast-informed reservoir operations.
            (2) Improved hydrologic forecasting for--
                    (A) precipitation;
                    (B) snowpack;
                    (C) runoff; and
                    (D) soil moisture conditions.
            (3) Any new watershed data, including data provided by a 
        responsible party for the eligible works.
    (c) Consultation.--In the adjustment of a flood control rule curve 
under subsection (a), the following entities shall be consulted:
            (1) Each responsible party for the eligible works.
            (2) In the case of an eligible works that produces power 
        marketed by the Federal Government, the Federal power marketing 
        administration that markets the power.

SEC. 205. CONSULTATION.

    The Secretary shall consult with the Secretary of the Army with 
respect to any action taken by the Secretary of the Army--
            (1) pursuant to section 7 of the Act of December 22, 1944 
        (33 U.S.C. 709); and
            (2) that relates to the pilot project.

SEC. 206. FUNDING.

    (a) In General.--The Secretary may accept amounts from responsible 
parties to fund all or a portion of the cost of carrying out an 
adjustment under section 204.
    (b) Transfer to Secretary of the Army.--The Secretary shall 
transfer to the Secretary of the Army any amounts received under 
subsection (a) that are to be used for an adjustment under section 204.
    (c) Non-Federal Reservoir Operations.--Section 5 of the Act of June 
22, 1936 (33 U.S.C. 701h), is amended by inserting after ``authorized 
purposes of the project:'' the following: ``Provided further, That the 
Secretary is authorized to receive and expend funds from an owner of a 
non-Federal reservoir to formulate, review, or revise operational 
documents for any non-Federal reservoir for which the Secretary is 
authorized to prescribe regulations for the use of storage allocated 
for flood risk management or navigation pursuant to section 7 of the 
Act of December 22, 1944 (33 U.S.C. 709):''.

SEC. 207. EFFECT.

    Nothing in this subtitle--
     (a) affects or modifies any existing authority to review or 
modify--
            (1) reservoir operations, including any existing forecast-
        informed reservoir operations at a facility of the Corps of 
        Engineers, such as Coyote Dam; and
            (2) flood control operations; or
    (b) affects or modifies any authorized purpose of any project 
carried out by the Secretary.

SEC. 208. TERMINATION.

    The pilot project shall terminate on the date that is 15 years 
after the date of enactment of this Act.

               Subtitle B--Aquifer Recharge Augmentation

SEC. 211. DEFINITIONS.

    In this subtitle:
            (1) Eligible land.--The term ``eligible land'', with 
        respect to a Reclamation project, means land that--
                    (A) is authorized to receive water under State law; 
                and
                    (B) shares a groundwater source with land located 
                in the service area of the Reclamation project.
            (2) In-lieu recharge.--The term ``in-lieu recharge'' means 
        the use of surface water instead of pumped groundwater if that 
        use of surface water will cause the direct reduction or 
        elimination of groundwater withdrawals.
            (3) Net water storage benefit.--The term ``net water 
        storage benefit'' means an increase in the volume of water that 
        is--
                    (A) stored in 1 or more reservoirs or aquifers; and
                    (B) available for use within the area served by a 
                Reclamation project.

SEC. 212. RESCHEDULING OF WATER FOR AQUIFER RECHARGE.

    (a) Identifying Operations.--On the request of a responsible party 
of a Reclamation project, the Secretary may identify operations--
            (1) to allow for the rescheduling of water that is 
        allocated in a water service or repayment contract with the 
        Bureau with respect to the Reclamation project--
                    (A) to increase the ability to regulate the timing 
                of releases that may increase the quantity of water 
                available for aquifer recharge; and
                    (B) that occurs not earlier than 90 days before, 
                and not later than 90 days after, the dates required 
                for the release of water under the Reclamation project 
                contract; and
            (2) that--
                    (A) comply with State law; and
                    (B) the Secretary determines result in a net water 
                storage benefit.
    (b) Carrying Out Operations.--
            (1) In general.--The Secretary may carry out operations 
        identified under subsection (a) in accordance with this 
        subsection.
            (2) Request.--
                    (A) In general.--Before the Secretary may carry out 
                operations under paragraph (1), the responsible party 
                shall submit to the Secretary a request for the 
                operations.
                    (B) Notice.--Not later than 30 days after the date 
                on which the Secretary receives a request under 
                subparagraph (A), the Secretary shall notify--
                            (i) each responsible party of that request, 
                        using lists maintained by the Bureau; and
                            (ii) if applicable, the appropriate Federal 
                        power marketing administration.

SEC. 213. FLEXIBILITY TO ALLOW GREATER AQUIFER RECHARGE.

    (a) Contracts for Aquifer Recharge.--
            (1) In general.--The Secretary may enter into a contract 
        for the purpose of aquifer recharge using water--
                    (A) released from any Reclamation facility or body 
                of water as a result of flood control operations; and
                    (B) that is surplus to the needs of a Reclamation 
                project.
            (2) Requirements.--A contract under paragraph (1) shall--
                    (A) give priority to recharge of a groundwater 
                basin that is fully or partially underlying land 
                authorized to be served by a Reclamation project;
                    (B) be under such terms and conditions as the 
                Secretary determines are appropriate;
                    (C) provide that the intended use of water is 
                aquifer recharge;
                    (D) comply with State law; and
                    (E) not be implemented in a manner that is 
                detrimental to--
                            (i) an existing water contract or power 
                        service contract under the Reclamation project; 
                        or
                            (ii) rights of prior appropriators under 
                        State law.
    (b) Aquifer Recharge on Eligible Land.--
            (1) In general.--Subject to paragraphs (3) and (4), a 
        holder of a water service or repayment contract for a 
        Reclamation project may--
                    (A) directly use water available under the contract 
                for aquifer recharge on eligible land; or
                    (B) enter into an agreement with an individual or 
                entity to transfer water available under the contract 
                for aquifer recharge on eligible land.
            (2) Authorized project purpose.--The use of water for 
        aquifer recharge under paragraph (1) shall be considered an 
        authorized purpose for the Reclamation project under the 
        reclamation laws.
            (3) Modifications to contracts.--The Secretary may modify 
        an existing water contract described in paragraph (1) if the 
        Secretary determines that the modification is--
                    (A) necessary to allow for the use of water 
                available under the contract for aquifer recharge under 
                this subsection;
                    (B) in the best interest of the Reclamation project 
                and the United States; and
                    (C) approved by the association of water users that 
                is responsible for repaying the cost of construction, 
                operations, and maintenance of the facility that 
                delivers the water under the contract.
            (4) Requirements.--The use or transfer of water for aquifer 
        recharge under this subsection shall be subject to the 
        requirements that--
                    (A) the use or transfer shall not be implemented in 
                a manner that is detrimental to any water or power 
                service for the Reclamation project; and
                    (B) before the use or transfer, the Secretary shall 
                determine that the use or transfer--
                            (i)(I) results in a net water storage 
                        benefit for the Reclamation project; or
                            (II) contributes to the recharge of a 
                        depleted aquifer on eligible land; and
                            (ii) complies with State law.
            (5) Relation to central valley project improvement act.--
        Section 3405 of the Central Valley Project Improvement Act 
        (Public Law 102-575; 106 Stat. 4709) shall not apply to the use 
        or transfer of water for aquifer recharge under a contract 
        described in subsection (a) or this subsection.
    (c) Use of Bureau Facilities.--
            (1) In general.--The Commissioner may allow the use of 
        excess capacity in Bureau conveyance facilities for carriage of 
        non-Reclamation project water for aquifer recharge, on the 
        condition that--
                    (A) the use--
                            (i) shall not be implemented in a manner 
                        that is detrimental to any water or power 
                        service for the Reclamation project;
                            (ii) shall be consistent with existing 
                        water quality guidelines for the Reclamation 
                        project; and
                            (iii) shall comply with State law; and
                    (B) the non-Federal party to an existing contract 
                for water or water capacity in a Reclamation facility 
                shall consent to the use of the Reclamation facility 
                under this subsection.
            (2) Effect on existing contracts.--Nothing in this 
        subsection affects a contract--
                    (A) in effect on the date of enactment of this Act; 
                and
                    (B) under which the use of excess capacity in a 
                Bureau conveyance facility for carriage of non-
                Reclamation project water for aquifer recharge is 
                allowed.
    (d) Administration.--
            (1) Deposit of funds.--Amounts derived under this section 
        by the Secretary shall be--
                    (A) deposited in the reclamation fund established 
                by the first section of the Act of June 17, 1902 (32 
                Stat. 388, chapter 1093); and
                    (B) credited to the Reclamation project from which 
                the water is supplied.
            (2) In-lieu recharge.--To the extent consistent with State 
        law, in-lieu recharge may be carried out under this section.
            (3) Reclamation law.--This section supplements and amends 
        the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
        supplemental to and amendatory of that Act (43 U.S.C. 371 et 
        seq.).

SEC. 214. USE OF PUBLIC LAND FOR AQUIFER RECHARGE.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Secretary should give priority to the use of Bureau 
        of Land Management land for aquifer recharge, to the extent 
        that the use is consistent with the management of the multiple 
        resource values of the land; and
            (2)(A) areas of critical environmental concern may be 
        compatible with, and in some cases benefit from, aquifer 
        recharge activities; and
            (B) the designation of an area of critical environmental 
        concern should not disqualify that area from consideration for 
        aquifer recharge if the land being protected by the designation 
        could benefit in value from the application of a water supply.
    (b) Conveyance of Water.--The conveyance of water through a project 
facility that crosses Bureau of Land Management land for the purpose of 
aquifer recharge shall not require a new or additional permit or 
authorization if--
            (1) the existing project facility has a valid right of way, 
        easement, or other agreement that allows conveyance of water 
        for a purpose other than aquifer recharge;
            (2) that conveyance of water does not result in a 
        substantial change to the operation of the project facility; 
        and
            (3) the entity operating the project facility consents to 
        that conveyance of water.

                   TITLE III--WATER SUPPLY CERTAINTY

                  Subtitle A--Water Rights Protection

SEC. 301. DEFINITIONS.

    In this subtitle:
            (1) Secretary.--The term ``Secretary'' means, as 
        applicable--
                    (A) the Secretary of Agriculture; or
                    (B) the Secretary of the Interior.
            (2) Water right.--The term ``water right'' means any 
        surface water, groundwater, or water storage right filed, 
        permitted, certificated, confirmed, decreed, adjudicated, or 
        otherwise recognized by a judicial proceeding or by the State, 
        in which the user acquires the right to put the water to 
        beneficial use, including water rights for federally recognized 
        Indian Tribes.

SEC. 302. TREATMENT OF WATER RIGHTS.

    The Secretary shall not--
            (1) condition the issuance, renewal, amendment, or 
        extension of any permit, approval, license, lease, allotment, 
        easement, right-of-way, or other land use or occupancy 
        agreement on the transfer of any water right (including joint 
        and sole ownership) directly to the United States, or on any 
        impairment of title, in whole or in part, granted or otherwise 
        recognized under State law, by Federal or State adjudication, 
        decree, or other judgment, or pursuant to any interstate water 
        compact;
            (2) require any water user (including any federally 
        recognized Indian Tribe) to apply for or acquire a water right 
        in the name of the United States under State law as a condition 
        of the issuance, renewal, amendment, or extension of any 
        permit, approval, license, lease, allotment, easement, right-
        of-way, or other land use or occupancy agreement; or
            (3) condition or withhold the issuance, renewal, amendment, 
        or extension of any permit, approval, license, lease, 
        allotment, easement, right-of-way, or other land use or 
        occupancy agreement, in whole or in part, on--
                    (A) limiting the date, time, quantity, location of 
                diversion or pumping, or place of use of a State water 
                right beyond any applicable limitations under State 
                water law; or
                    (B) the modification of the terms and conditions of 
                groundwater withdrawal, guidance and reporting 
                procedures, or conservation and source protection 
                measures established by a State.

SEC. 303. POLICY DEVELOPMENT.

    In developing any rule, policy, directive, management plan, or 
similar Federal action relating to the issuance, renewal, amendment, or 
extension of any permit, approval, license, lease, allotment, easement, 
right-of-way, or other land use or occupancy agreement, the Secretary--
            (1) shall--
                    (A) recognize the longstanding authority of the 
                States relating to evaluating, protecting, allocating, 
                regulating, permitting, and adjudicating water use; and
                    (B) coordinate with the States to ensure that any 
                rule, policy, directive, management plan, or similar 
                Federal action is consistent with, and imposes no 
                greater restriction or regulatory requirement, than 
                applicable State water law; and
            (2) shall not--
                    (A) adversely affect--
                            (i) the authority of a State in--
                                    (I) permitting the beneficial use 
                                of water; or
                                    (II) adjudicating water rights;
                            (ii) any definition established by a State 
                        with respect to the term ``beneficial use'', 
                        ``priority of water rights'', or ``terms of 
                        use''; or
                            (iii) any other right or obligation of a 
                        State established under State law; or
                    (B) assert any connection between surface and 
                groundwater that is inconsistent with such a connection 
                recognized by State water laws.

SEC. 304. EFFECT.

    (a) Existing Authority.--Except as provided in section 302, nothing 
in this subtitle limits or expands any existing legally recognized 
authority of the Secretary to issue, grant, or condition any permit, 
approval, license, lease, allotment, easement, right-of-way, or other 
land use or occupancy agreement on Federal land that is subject to the 
jurisdiction of the Secretary.
    (b) Reclamation Contracts.--Nothing in this subtitle interferes 
with any existing or future Bureau contract entered into pursuant to 
Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, 
chapter 1093), and Acts supplemental to and amendatory of that Act).
    (c) Endangered Species Act.--Nothing in this subtitle affects the 
implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.).
    (d) Federal Reserved Water Rights.--Nothing in this subtitle limits 
or expands any existing reserved water rights of the Federal Government 
on land administered by the Secretary.
    (e) Federal Power Act.--Nothing in this subtitle limits or expands 
authorities pursuant to sections 4(e), 10(j), or 18 of the Federal 
Power Act (16 U.S.C. 797(e), 803(j), 811).
    (f) Indian Water Rights.--Nothing in this subtitle limits or 
expands any existing reserved water right or treaty right of any 
federally recognized Indian Tribe.
    (g) Federally Held State Water Rights.--Nothing in this subtitle 
limits the ability of the Secretary, through applicable State 
procedures, to acquire, use, enforce, or protect a State water right 
owned by the United States.

                Subtitle B--Permits for Water Transfers

SEC. 311. PERMITS FOR WATER TRANSFERS.

    Section 122.3(i) of title 40, Code of Federal Regulations, is 
enacted into law.

             Subtitle C--Endangered Fish Recovery Programs

SEC. 321. EXTENSION OF AUTHORIZATION TO USE UPPER COLORADO RIVER BASIN 
              FUND REVENUES FOR ANNUAL BASE FUNDING OF FISH RECOVERY 
              PROGRAMS; REMOVAL OF CERTAIN REPORTING REQUIREMENT.

    Section 3(d)(2) of Public Law 106-392 (114 Stat. 1604; 126 Stat. 
2444) is amended--
            (1) in the fourth sentence--
                    (A) by striking ``2019'' and inserting ``2023''; 
                and
                    (B) by striking ``; except that'' and all that 
                follows through ``capital projects and monitoring''; 
                and
            (2) by striking the fifth, sixth, and seventh sentences.

SEC. 322. REPORT ON RECOVERY IMPLEMENTATION PROGRAMS.

    Section 3 of Public Law 106-392 (114 Stat. 1603; 126 Stat. 2444) is 
amended by adding at the end the following:
    ``(j) Report.--
            ``(1) In general.--Not later than September 30, 2021, the 
        Secretary shall submit to the appropriate committees of 
        Congress a report that--
                    ``(A) describes the accomplishments of the Recovery 
                Implementation Programs;
                    ``(B) identifies--
                            ``(i) as of the date of the report, the 
                        listing status under the Endangered Species Act 
                        of 1973 (16 U.S.C. 1531 et seq.) of the 
                        Colorado pikeminnow, humpback chub, razorback 
                        sucker, and bonytail; and
                            ``(ii) as of September 30, 2023, the 
                        projected listing status under that Act of each 
                        of the species referred to in clause (i);
                    ``(C)(i) identifies--
                            ``(I) the total expenditures and the 
                        expenditures by categories of activities by the 
                        Recovery Implementation Programs during the 
                        period beginning on the date on which the 
                        applicable Recovery Implementation Program was 
                        established and ending on September 30, 2021; 
                        and
                            ``(II) projected expenditures by the 
                        Recovery Implementation Programs during the 
                        period beginning on October 1, 2021, and ending 
                        on September 30, 2023; and
                    ``(ii) for purposes of the expenditures identified 
                under clause (i), includes a description of--
                            ``(I) any expenditures of appropriated 
                        funds;
                            ``(II) any power revenues;
                            ``(III) any contributions by the States, 
                        power customers, Tribes, water users, and 
                        environmental organizations; and
                            ``(IV) any other sources of funds for the 
                        Recovery Implementation Programs; and
                    ``(D) describes--
                            ``(i) any activities to be carried out 
                        under the Recovery Implementation Program after 
                        September 30, 2023; and
                            ``(ii) the projected cost of the activities 
                        described under clause (i).
            ``(2) Consultation required.--The Secretary shall consult 
        with the participants in the Recovery Implementation Programs 
        in preparing the report under paragraph (1).''.
                                 <all>