[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3811 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3811

    To provide financial assistance for projects to address certain 
 subsidence impacts in the State of California, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2020

Mrs. Feinstein introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To provide financial assistance for projects to address certain 
 subsidence impacts in the State of California, 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.

    This Act may be cited as the ``Restoration of Essential Conveyance 
Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to address severe subsidence impacts that have 
        substantially reduced the carrying capacity of the water 
        delivery system of the State; and
            (2) to provide additional water supply in the State at a 
        relatively low cost per acre-foot to increase--
                    (A) resiliency to increasingly severe droughts in 
                the State; and
                    (B) groundwater recharge needed to assist in 
                meeting groundwater sustainability goals established 
                under State law.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Federal pool.--The term ``Federal pool'' means each of 
        pools 13 through 21 of the San Luis Canal/California Aqueduct, 
        which are owned by the United States and operated by the 
        California Department of Water Resources under the agreement 
        entitled ``Agreement Between the United States of America and 
        the Department of Water Resources of the State of California 
        for the Construction and Operation of the Joint-Use Facilities 
        of the San Luis Unit'' and dated December 30, 1961.
            (2) Non-federal pool.--The term ``non-Federal pool'' means 
        each of pools 22 through 40 of the California Aqueduct, which 
        are owned by the State of California and operated by the 
        California Department of Water Resources.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (4) State.--The term ``State'' means the State of 
        California.

SEC. 4. FRIANT-KERN CANAL AND DELTA-MENDOTA CANAL SUBSIDENCE MITIGATION 
              PROJECTS.

    (a) In General.--The Secretary may provide financial assistance for 
the design, planning, and construction of--
            (1) a project to restore conveyance capacity at, and to 
        mitigate subsidence-related impacts on, the Friant-Kern Canal, 
        through a partnership with a public water agency that, as of 
        the date of enactment of this Act, is under contract with the 
        United States for the operation and maintenance of the Friant-
        Kern Canal; and
            (2) a project to restore conveyance capacity at, and to 
        mitigate subsidence-related impacts on, the Delta-Mendota 
        Canal, through a partnership with--
                    (A) a public water agency that contracts for the 
                delivery of Central Valley Project water; or
                    (B) a local joint powers authority formed under 
                State law by public water agencies that contract for 
                the delivery of Central Valley Project water.
    (b) Cost-Sharing Requirement.--
            (1) Federal share.--The Federal share of the cost of 
        carrying out a project under subsection (a) shall be--
                    (A) not more than 50 percent; and
                    (B) nonreimbursable.
            (2) Form of non-federal share.--The non-Federal share of 
        the cost of carrying out a project under subsection (a) may be 
        provided in the form of cash or in-kind contributions.
    (c) Required Determination by Secretary.--The Secretary shall not 
make Federal funds available for a project under subsection (a) until 
the date on which the Secretary determines that the project is designed 
in a manner--
            (1) to satisfy the purposes described in section 2, after 
        taking into account anticipated future subsidence; and
            (2) to comply with all applicable requirements of Federal 
        and State law, including part 2.74 of division 6 of the 
        California Water Code (commonly known as the ``California 
        Sustainable Groundwater Management Act'').

SEC. 5. CALIFORNIA AQUEDUCT SUBSIDENCE MITIGATION PROJECT.

    (a) In General.--The Secretary may provide financial assistance for 
the design, planning, and construction of projects to restore 
conveyance capacity at, and to mitigate subsidence-related impacts on, 
the Federal pool and non-Federal pool.
    (b) Non-Federal Partners.--To carry out this section, the Secretary 
may enter into partnerships with--
            (1) the State; or
            (2) a local joint powers authority formed under State law 
        by public water agencies that contract for delivery of water 
        from the Central Valley Project or the State Water Project.
    (c) Cost-Sharing Requirement.--
            (1) Federal pools.--The Federal share of the cost of a 
        project for a Federal pool under subsection (a) shall--
                    (A) be not more than 50 percent;
                    (B) be nonreimbursable; and
                    (C) apply to any costs incurred by a project 
                beneficiary under this section.
            (2) Non-federal pools.--The Federal share of the cost of a 
        project for a non-Federal pool under subsection (a) shall be--
                    (A) not more than 25 percent; and
                    (B) nonreimbursable.
            (3) Form of non-federal share.--The non-Federal share of 
        the cost of a project provided financial assistance under 
        subsection (a) may be in the form of cash or in-kind 
        contributions.
    (d) Required Determination by Secretary.--Federal funds shall not 
be made available for a project under subsection (a) until the date on 
which the Secretary determines, with the concurrence of the Governor of 
the State, that the project is designed in a manner--
            (1) to satisfy the purposes described in section 2, after 
        taking into account anticipated future subsidence; and
            (2) to comply with all applicable requirements of Federal 
        and State law, including part 2.74 of division 6 of the 
        California Water Code (commonly known as the ``California 
        Sustainable Groundwater Management Act'').

SEC. 6. ENVIRONMENTAL COMPLIANCE.

    In carrying out a project under this Act, the Secretary shall 
comply with applicable environmental 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) applicable State law.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary--
            (1) $200,000,000 to carry out section 4(a)(1);
            (2) $200,000,000 to carry out section 4(a)(2);
            (3) $100,000,000 to pay the Federal share under section 
        5(c)(1);
            (4) $100,000,000 to pay the Federal share under section 
        5(c)(2); and
            (5) $200,000,000 (at February 2020 price levels) to 
        implement the Restoration Goal of the settlement described in 
        section 10004 of the San Joaquin River Restoration Settlement 
        Act (Public Law 111-11; 123 Stat. 1350), in addition to the 
        funding authorized in section 10009 of that Act.
    (b) Limitations.--Amounts made available under subsection (a) may 
not be used--
            (1) to build new surface storage;
            (2) to raise existing reservoirs; or
            (3) to enlarge the carrying capacity of a canal constructed 
        by the Bureau of Reclamation, except for a temporary increase 
        in carrying capacity that is intended--
                    (A) to mitigate anticipated future subsidence; and
                    (B) to avoid an increase in carrying capacity that 
                would otherwise be required on the occurrence of 
                anticipated future subsidence.
    (c) Additional Amounts.--Amounts made available under subsection 
(a) shall be--
            (1) in addition to any other amounts made available for the 
        purposes described in that subsection; and
            (2) nonreimbursable.
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