[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4188 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4188

     To provide for drought preparedness and improved water supply 
                  reliability, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 2, 2020

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

_______________________________________________________________________

                                 A BILL


 
     To provide for drought preparedness and improved water supply 
                  reliability, 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 for Tomorrow 
Act of 2020''.
    (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--INVESTMENTS IN WATER INFRASTRUCTURE AND SUSTAINABILITY

Sec. 101. Findings.
Sec. 102. Reclamation infrastructure finance and innovation program.
Sec. 103. Assistance for disadvantaged communities without adequate 
                            drinking water.
Sec. 104. Competitive grant program for the funding of water recycling 
                            and reuse projects.
Sec. 105. Increased funding for water management improvement.
Sec. 106. Rural water supply program reauthorization.
             TITLE II--ECOSYSTEM PROTECTION AND RESTORATION

Sec. 201. Competitive grant program for the funding of watershed health 
                            projects.
Sec. 202. Cooperative Watershed Management Program.
Sec. 203. Support for refuge water deliveries.
Sec. 204. Drought planning and preparedness for critically important 
                            fisheries.
Sec. 205. Aquatic ecosystem restoration.
                TITLE III--IMPROVED TECHNOLOGY AND DATA

Sec. 301. Determination of water supply allocations.
Sec. 302. Study examining climate vulnerabilities at Federal dams.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Reclamation state.--The term ``Reclamation State'' has 
        the meaning given the term in section 4014 of the Water 
        Infrastructure Improvements for the Nation Act (43 U.S.C. 390b 
        note; Public Law 114-322).
            (2) Relevant committees of congress.--The term ``relevant 
        committees of Congress'' means--
                    (A) the Committee on Natural Resources of the House 
                of Representatives; and
                    (B) the Committee on Energy and Natural Resources 
                of the Senate.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

    TITLE I--INVESTMENTS IN WATER INFRASTRUCTURE AND SUSTAINABILITY

SEC. 101. FINDINGS.

    Congress finds that--
            (1)(A) everyone has the right to clean and safe drinking 
        water and appropriate sanitation services; and
            (B) the Federal Government has the responsibility to ensure 
        that the rights described in subparagraph (A) are realized;
            (2) water is an essential resource for farms, cities, and 
        the environment;
            (3) in order to responsibly and sustainably manage water, 
        all different types of water, including water that is stored, 
        drinking water, flood waters, wastewater, recycled water, and 
        other types, should be taken into account;
            (4) climate change will increase the vulnerability of water 
        supplies for communities and the environment by--
                    (A) increasing the frequency and magnitude of 
                droughts and extreme precipitation events;
                    (B) increasing air temperatures; and
                    (C) changing the patterns and volume of 
                precipitation;
            (5) the water infrastructure of the United States needs 
        additional investment given the age of the infrastructure and 
        emerging issues, such as climate change;
            (6) a diverse portfolio of water management, storage, 
        recycling, and reuse techniques can help to sustainably and 
        responsibly manage water in the United States;
            (7) reducing water diversions from rivers and lakes is 
        important to sustain--
                    (A) native fish and wildlife; and
                    (B) the communities and Native American Tribes that 
                depend on a healthy environment;
            (8) a sustainable water supply relies on--
                    (A) environmentally sound water storage projects;
                    (B) protection of clean water programs;
                    (C) financing for new technologies;
                    (D) developments and funding for water recycling 
                and reuse projects;
                    (E) improvements to wastewater systems and flood 
                management;
                    (F) increased conservation programs and water 
                efficiency; and
                    (G) instream flows of adequate quality and quantity 
                that protect native fish and wildlife and the 
                environment;
            (9) the entire Western United States is facing projections 
        of prolonged droughts that will leave Western States facing 
        major water shortages and catastrophic wildfires;
            (10) recent periods of severe drought in the Western States 
        have occurred with higher temperatures and reduced snowpack;
            (11) the Colorado River has been under drought conditions 
        since 2000;
            (12) the chances of a climate change-induced 
        ``megadrought'' striking the Southwest and central Great Plains 
        are on the rise; and
            (13) robust Federal investment and support is needed to 
        assist the Western States in developing future drought 
        resiliency in the face of climate change, which will continue 
        to exacerbate existing water supply challenges in an already 
        arid region of the United States.

SEC. 102. RECLAMATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM.

    (a) Establishment.--The Secretary shall establish and carry out a 
program under which the Secretary shall provide to eligible entities 
described in subsection (c) financial assistance in accordance with 
this section to carry out eligible projects described in subsection 
(b).
    (b) Eligible Projects and Eligible Project Costs.--
            (1) In general.--A project eligible to receive assistance 
        under the program under this section is a water supply project 
        described in paragraph (2) that, as determined by the 
        Secretary--
                    (A) is located in--
                            (i) the State of Alaska;
                            (ii) the State of Hawaii; or
                            (iii) a Reclamation State;
                    (B) would contribute directly or indirectly 
                (including through groundwater recharge) to a safe, 
                adequate water supply for domestic, agricultural, 
                environmental, municipal, or industrial use;
                    (C) complies with all applicable State and Federal 
                laws;
                    (D) would provide net ecosystem benefits in excess 
                of required environmental mitigation measures or 
                compliance obligations pursuant to State and Federal 
                law, as described in paragraph (6);
                    (E) uses natural infrastructure and nature-based 
                solutions where practicable;
                    (F) is economically feasible; and
                    (G) is otherwise eligible for assistance under this 
                section.
            (2) Water supply projects.--A water supply project referred 
        to in paragraph (1) is--
                    (A) a project for the reclamation and reuse of 
                municipal, industrial, domestic, and agricultural 
                wastewater, and naturally impaired ground water, which 
                the Secretary, acting through the Commissioner of 
                Reclamation, is authorized to undertake;
                    (B) any water infrastructure project not 
                specifically authorized by law that--
                            (i) 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, municipal, or 
                        industrial use; and
                            (ii) is otherwise eligible for assistance 
                        under this section;
                    (C) a new water infrastructure facility project, 
                including a water conduit, pipeline, canal, pumping, 
                power, and any associated facility;
                    (D) a project for enhanced energy efficiency in the 
                operation of a water system;
                    (E) a project for accelerated repair and 
                replacement of all or a portion of an aging water 
                distribution or conveyance facility;
                    (F) a brackish desalination project;
                    (G) a project for the 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 
                subparagraphs (A) through (F);
                    (H) a project to deliver water to wildlife refuges;
                    (I) a stormwater capture project; or
                    (J) a combination of projects, each of which is 
                eligible under subparagraphs (A) through (I), for which 
                an eligible entity submits a single application.
            (3) Eligible project costs.--An eligible project cost that 
        is eligible for assistance under this section--
                    (A) shall be limited to a nonreimbursable cost for 
                elements of a project that would achieve public 
                benefits under the reclamation laws; and
                    (B) includes the cost of--
                            (i) development-phase activities, including 
                        planning, feasibility analysis, revenue 
                        forecasting, environmental review, permitting, 
                        transaction costs, preliminary engineering and 
                        design work, and other preconstruction 
                        activities;
                            (ii) construction, reconstruction, 
                        rehabilitation, and replacement activities;
                            (iii) the acquisition of real property 
                        (including water rights, land relating to the 
                        eligible project, and improvements to land), 
                        environmental mitigation, construction 
                        contingencies, and acquisition of equipment;
                            (iv) capitalized interest necessary to meet 
                        market requirements, reasonably required 
                        reserve funds, capital issuance expenses, and 
                        other carrying costs during construction;
                            (v) refinancing interim construction 
                        funding, long-term project obligations, or a 
                        secured loan, loan guarantee, or other credit 
                        enhancement made under this section;
                            (vi) refinancing long-term project 
                        obligations or Federal credit instruments, if 
                        that refinancing provides additional funding 
                        capacity for the completion, enhancement, or 
                        expansion of any eligible project selected for 
                        assistance under this section;
                            (vii) 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
                            (viii) grants, loans, or credit enhancement 
                        for community development financial 
                        institutions, green banks, and other financial 
                        intermediaries providing ongoing finance for 
                        eligible projects that meet the purposes of 
                        this section.
            (4) Small community projects.--For projects eligible for 
        assistance under this section and section 5028(a)(2)(B) of the 
        Water Resources Reform and Development Act of 2014 (33 U.S.C. 
        3907(a)(2)(B)), the Secretary may assist applicants in 
        combining 1 or more projects into a single application in order 
        to meet the minimum project cost of $5,000,000 required under 
        that section.
            (5) Cost-sharing requirement; certain uses.--
                    (A) Cost sharing.--The Federal share of the 
                eligible costs of a water supply project under this 
                section shall be not more than 25 percent.
                    (B) Certain uses.--A water supply project that 
                receives assistance under this section may use not more 
                than 5 percent of amounts made available under this 
                section to carry out activities to demonstrate progress 
                toward the goals of the water supply project.
            (6) Determination of net ecosystem benefits.--
                    (A) Draft report.--
                            (i) In general.--Using the best available 
                        scientific information and data, the Director 
                        of the United States Fish and Wildlife Service 
                        shall prepare a draft report that evaluates the 
                        ecosystem impacts and benefits of each proposed 
                        water supply project being considered for 
                        financial assistance under this section.
                            (ii) Coordination.--A draft report required 
                        under clause (i) shall be prepared in 
                        coordination with the head of the State agency 
                        with jurisdiction over the fish and wildlife 
                        resources of the State in which the water 
                        supply project is proposed to be carried out.
                            (iii) Applicable law; requirements.--A 
                        draft report prepared under clause (i) shall--
                                    (I) meet the requirements of 
                                section 2(b) of the Fish and Wildlife 
                                Coordination Act (16 U.S.C. 662(b));
                                    (II) quantify and estimate the 
                                ecosystem benefits and adverse impacts 
                                to native fish and wildlife from the 
                                proposed water supply project; and
                                    (III) evaluate whether the 
                                ecosystem benefits of the proposed 
                                water supply project are likely to 
                                exceed the ecosystem impacts of the 
                                proposed water supply project.
                            (iv) Review; availability.--The Director of 
                        the United States Fish and Wildlife Service 
                        shall ensure that a draft report prepared under 
                        clause (i) is--
                                    (I) reviewed by independent 
                                scientists; and
                                    (II) made available for a public 
                                review and comment period of not less 
                                than 30 days.
                    (B) Final report.--
                            (i) In general.--The Director of the United 
                        States Fish and Wildlife Service shall prepare 
                        a final report based on the applicable draft 
                        report prepared under subparagraph (A)(i), 
                        after considering the results of the 
                        independent scientific peer review and public 
                        comment processes under subparagraph (A)(iv).
                            (ii) Transmission; availability.--A final 
                        report prepared under clause (i) shall be--
                                    (I) transmitted to--
                                            (aa) the project applicant;
                                            (bb) the relevant State 
                                        agency; and
                                            (cc) the relevant 
                                        committees of Congress; and
                                    (II) made available to the public.
                            (iii) Determination.--If a final report 
                        prepared under clause (i) determines that the 
                        water supply project provides net ecosystem 
                        benefits, the proposed water supply project 
                        shall be eligible for financial assistance 
                        under this section.
                            (iv) Recommendations.--If a final report 
                        determines that the proposed water supply 
                        project fails to provide a net ecosystem 
                        improvement, the final report may identify 
                        potential recommendations to reduce adverse 
                        environmental impacts and improve environmental 
                        benefits of the proposed water supply project.
                            (v) Final agency action.--A final report 
                        prepared under clause (i) shall be considered 
                        to be a final agency action for purposes of 
                        section 704 of title 5, United States Code.
                            (vi) Judicial review.--A final report 
                        prepared under clause (i) shall be subject to 
                        review in the Federal district court of the 
                        State in which the project is proposed to be 
                        constructed if a petition for review is filed 
                        with the court not later than 180 days after 
                        the date on which the final report is 
                        transmitted under clause (ii).
    (c) Eligible Entities.--The following entities are eligible to 
receive assistance under this section:
            (1) An entity described in section 5025 of the Water 
        Resources Reform and Development Act of 2014 (33 U.S.C. 3904).
            (2) A conservancy district, Reclamation district, or 
        irrigation district.
            (3) A canal company or mutual water company.
            (4) A water users' association.
            (5) An agency established by an interstate compact.
            (6) Any other individual or entity that has the capacity to 
        contract with the United States under the reclamation laws.
    (d) Requirements.--
            (1) Project selection.--In selecting eligible projects to 
        receive assistance under the program under this section, the 
        Secretary shall ensure diversity with respect to--
                    (A) project type; and
                    (B) geographical location within the States 
                referred to in subsection (b)(1)(A).
            (2) Priority.--In selecting eligible projects to receive 
        assistance under this section, the Secretary shall prioritize 
        projects that--
                    (A) would benefit--
                            (i) low-income communities; or
                            (ii)(I) communities particularly at risk to 
                        the impacts of climate change; and
                            (II) environmentally at-risk communities;
                    (B) to the maximum extent practicable, incorporate 
                green and natural infrastructure components; and
                    (C) achieve multiple public benefits.
            (3) Importation of other requirements.--The following 
        provisions of law shall apply to the program under this 
        section:
                    (A) Sections 5022, 5024, 5027, 5028, 5029, 5030, 
                5031, 5032, and 5034(a) of the Water Resources Reform 
                and Development Act of 2014 (33 U.S.C. 3901, 3903, 
                3906, 3907, 3908, 3909, 3910, 3911, and 3913(a)), 
                except that--
                            (i) any reference contained in those 
                        sections to the Secretary of the Army shall be 
                        considered to be a reference to the Secretary;
                            (ii) any reference contained in those 
                        sections to an eligible project shall be 
                        considered to be a reference to an eligible 
                        project described in subsection (b);
                            (iii) paragraphs (1)(E) and (6)(B) of 
                        subsection (a), and subsection (b)(3), of 
                        section 5028 of that Act (33 U.S.C. 3907) shall 
                        not apply with respect to this section; and
                            (iv) subsections (e) and (f) of section 
                        5030 of that Act (33 U.S.C. 3909) shall not 
                        apply with respect to this section.
                    (B) The agreement between the Administrator of the 
                Environmental Protection Agency and the Commissioner of 
                Reclamation required under section 4301 of the 
                America's Water Infrastructure Act of 2018 (Public Law 
                115-270).
                    (C) Other applicable environmental laws, including 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out the program under this section 
        $150,000,000 for each of fiscal years 2021 through 2025, to 
        remain available until expended.
            (2) Administrative costs.--Of the funds made available 
        under paragraph (1), the Secretary may use for administrative 
        costs of carrying out the program under this section (including 
        for the provision of technical assistance to project sponsors 
        pursuant to paragraph (3), to obtain any necessary approval, 
        and for transfer to the Administrator of the Environmental 
        Protection Agency to provide assistance in administering and 
        servicing Federal credit instruments under the program) not 
        more than $5,000,000 for each applicable fiscal year.
            (3) Small community projects.--
                    (A) In general.--Subject to subparagraph (B), the 
                Commissioner may use the funds made available under 
                paragraph (2) to provide assistance, including 
                assistance to pay the costs of acquiring the rating 
                opinion letters under paragraph (1)(D) of section 
                5028(a) of the Water Resources Reform and Development 
                Act of 2014 (33 U.S.C. 3907(a)), to assist project 
                sponsors in obtaining the necessary approvals for small 
                community projects that are eligible for assistance 
                under paragraph (2)(B) of that section or subsection 
                (b)(3).
                    (B) Limitation.--Assistance provided to a project 
                sponsor under subparagraph (A) may not exceed an amount 
                equal to 75 percent of the total administrative costs 
                incurred by the project sponsor in securing financial 
                assistance under this section.
    (f) Limitation.--No eligible project that receives assistance under 
this section may be financed (directly or indirectly), in whole or in 
part, with proceeds of any obligation the interest on which is exempt 
from the tax imposed under chapter 1 of the Internal Revenue Code of 
1986.
    (g) Effect.--Nothing in this section affects the authority of a 
State or a political subdivision of a State to apply and enforce any 
environmental laws (including regulations) with respect to an eligible 
project provided assistance under this section.

SEC. 103. ASSISTANCE FOR DISADVANTAGED COMMUNITIES WITHOUT ADEQUATE 
              DRINKING WATER.

    (a) In General.--The Secretary shall provide grants within the 
Reclamation States to assist eligible applicants in planning, 
designing, or carrying out projects to help disadvantaged communities--
            (1) meet the primary drinking water standards set by the 
        Federal Safe Drinking Water Act (42 U.S.C. 300f et seq.); or
            (2) address a significant decline in the quantity or 
        quality of drinking water.
    (b) Eligible Applicants.--To be eligible to receive a grant under 
this section, an applicant shall submit an application to the Secretary 
that includes a proposal of the project or activity in subsection (c) 
to be planned, designed, constructed, or implemented, the service area 
of which--
            (1) shall not be located in any city or town with a 
        population of more than 60,000 residents; and
            (2) has a median household income of less than 100 percent 
        of the nonmetropolitan median household income of the State.
    (c) Eligible Projects.--Projects eligible for grants under this 
program may be used for--
            (1) emergency water supplies;
            (2) point-of-use treatment and point-of-entry systems;
            (3) distributed treatment facilities;
            (4) construction of new wells and connections to existing 
        water source systems;
            (5) water distribution facilities;
            (6) connection fees to existing systems;
            (7) assistance to households to connect to water 
        facilities;
            (8) local resource sharing, including voluntary agreements 
        between water systems to jointly contract for services or 
        equipment, or to study or implement the physical consolidation 
        of 2 or more water systems;
            (9) technical assistance, planning, and design for any of 
        the activities described in paragraphs (1) through (8); or
            (10) any combination of activities described in paragraphs 
        (1) through (9).
    (d) Prioritization.--In determining priorities for funding 
projects, the Secretary shall take into consideration--
            (1) where water outages or the failure to meet drinking 
        water standards--
                    (A) are most serious; and
                    (B) pose the greatest threat to public health and 
                safety;
            (2) the degree to which the project provides a long-term 
        solution to the water needs of the community; and
            (3) whether the applicant has the ability to qualify for 
        alternative funding sources.
    (e) Maximum Amount.--The amount of a grant provided under this 
section may be up to 100 percent of costs, including--
            (1) initial operation costs incurred for startup and 
        testing of project facilities;
            (2) costs of components to ensure such facilities and 
        components are properly operational; and
            (3) costs of operation or maintenance incurred subsequent 
        to placing the facilities or components into service.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000, to remain 
available until expended.
    (g) Coordination Required.--In carrying out this section, the 
Secretary shall consult with the Secretary of Agriculture and the 
Administrator of the Environmental Protection Agency to identify 
opportunities to improve the efficiency, effectiveness, and impact of 
grants provided under this section and under comparable programs that 
address water and wastewater supply, quality, and treatment needs in 
disadvantaged communities.

SEC. 104. COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATER RECYCLING 
              AND REUSE PROJECTS.

    (a) Competitive Grant Program for the Funding of Water Recycling 
and Reuse Projects.--Section 1602(f) of the Reclamation Wastewater and 
Groundwater Study and Facilities Act (43 U.S.C. 390h(f)) is amended by 
striking paragraphs (2) and (3) and inserting the following:
            ``(2) Priority.--In providing grants under paragraph (1), 
        the Secretary shall give priority to projects that--
                    ``(A) are likely to provide a more-reliable water 
                supply for a unit of State, local, or Tribal 
                government;
                    ``(B) are likely to increase the water management 
                flexibility and reduce impacts on environmental 
                resources;
                    ``(C) are regional in nature;
                    ``(D) involve multiple stakeholders;
                    ``(E) provide multiple benefits, including water 
                supply reliability, ecosystem benefits, groundwater 
                management and enhancements, and water quality 
                improvements;
                    ``(F) would benefit low-income communities; or
                    ``(G) would protect communities particularly at 
                risk to climate change and environmental 
                degradation.''.
    (b) Authorization of Appropriations.--Section 1602(g) of the 
Reclamation Wastewater and Groundwater Study and Facilities Act (43 
U.S.C. 390h(g)) is amended--
            (1) in paragraph (1), by striking ``$50,000,000'' and 
        inserting ``$500,000,000''; and
            (2) in paragraph (2), by striking ``if enacted 
        appropriations legislation designates funding to them by 
        name,''.
    (c) Limitation on Funding.--Section 1631(d)(1) of the Reclamation 
Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-
13(d)(1)) is amended by striking ``$20,000,000 (October 1996 prices)'' 
and inserting ``$30,000,000 (January 2019 prices)''.

SEC. 105. INCREASED FUNDING FOR WATER MANAGEMENT IMPROVEMENT.

    Section 9504(e) of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10364(e)) is amended by striking ``$530,000,000'' and 
inserting ``$700,000,000 for fiscal year 2021 and each fiscal year 
thereafter''.

SEC. 106. RURAL WATER SUPPLY PROGRAM REAUTHORIZATION.

    (a) Authorization of Appropriation.--Section 109(a) of the Rural 
Water Supply Act of 2006 (43 U.S.C. 2408(a)) is amended by striking 
``$15,000,000 for each of fiscal years 2007 through 2016'' and 
inserting ``$50,000,000 for each of fiscal years 2021 through 2026''.
    (b) Termination of Authority.--Section 110 of the Rural Water 
Supply Act of 2006 (43 U.S.C. 2409) is amended by striking ``2016'' and 
inserting ``2026''.

             TITLE II--ECOSYSTEM PROTECTION AND RESTORATION

SEC. 201. COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATERSHED HEALTH 
              PROJECTS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act and in accordance with this section, the Secretary, in 
consultation with the heads of relevant agencies, shall establish a 
competitive grant program to award grants to an eligible entity for 
habitat restoration projects that improve watershed health in a 
Reclamation State and accomplish 1 or more of the following benefits:
            (1) Ecosystem benefits.
            (2) Restoration of native species beyond existing or 
        planned measures necessary to meet State or Federal laws for 
        species recovery.
            (3) Protection against invasive species.
            (4) Restoration of aspects of the natural ecosystem.
            (5) Enhancement of commercial and recreational fishing.
            (6) Enhancement of river-based recreation such as kayaking, 
        canoeing, and rafting.
            (7) Mitigate against the impacts of climate change to fish 
        and wildlife habitats.
    (b) Requirements.--
            (1) In general.--In awarding a grant under subsection (a), 
        the Secretary--
                    (A) shall give priority to a project that achieves 
                more than 1 of the benefits listed in subsection (a); 
                and
                    (B) may not provide a grant for a project that is 
                for the purpose of meeting existing environmental 
                mitigation or compliance obligations under State or 
                Federal law.
            (2) Compliance.--A project awarded a grant under subsection 
        (a) shall comply with all applicable Federal and State laws.
    (c) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means a State, Indian Tribe, nonprofit conservation 
organization operating in a Reclamation State, irrigation district, 
water district, or other organization with water or power delivery 
authority.
    (d) Public Participation.--Before the establishment of the program 
under subsection (a), the Secretary shall--
            (1) provide notice of and, for a period of not less than 90 
        days, an opportunity for public comment on, any draft or 
        proposed version of the program requirements in accordance with 
        this section; and
            (2) consider public comments received in developing the 
        final program requirements.
    (e) Report.--Not later than October 1, 2022, and every 2 years 
thereafter, the Secretary shall submit to Congress a report summarizing 
the environmental performance of activities that are receiving, or have 
received, assistance under the program authorized by this section.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $150,000,000 for each fiscal 
year through fiscal year 2026, to remain available until expended.

SEC. 202. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.

    (a) Definitions.--Section 6001 of the Omnibus Public Land 
Management Act of 2009 (16 U.S.C. 1015) is amended--
            (1) by redesignating paragraphs (2) through (6) as 
        paragraphs (3) through (7), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Disadvantaged community.--The term `disadvantaged 
        community' means a community (including a city, town, county, 
        or reasonably isolated and divisible segment of a larger 
        municipality) with an annual median household income that is 
        less than 100 percent of the statewide annual median household 
        income for the State in which the community is located, 
        according to the most recent decennial census.'';
            (3) in paragraph (6)(B)(i) (as so redesignated)--
                    (A) in subclause (VIII), by striking ``and'' at the 
                end;
                    (B) in subclause (IX), by adding ``and'' after the 
                semicolon at the end; and
                    (C) by adding at the end the following:
                                    ``(X) disadvantaged communities;''; 
                                and
            (4) in paragraph (7) (as so redesignated)--
                    (A) in subparagraph (D), by striking ``or'' at the 
                end;
                    (B) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (C) by inserting after subparagraph (D) the 
                following:
                    ``(E) generates environmental benefits, such as 
                benefits to fisheries, wildlife and habitat, and water 
                quality and water-dependent ecological systems, and 
                water supply benefits for agricultural or urban water 
                users; or''.
    (b) Application.--Section 6002 of the Omnibus Public Lands 
Management Act (16 U.S.C. 1015a) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Establishment of Application Process; Criteria.--Not later 
than March 30, 2021, the Secretary shall update--
            ``(1) the application process for the program; and
            ``(2) in consultation with the States, the prioritization 
        and eligibility criteria for considering applications submitted 
        in accordance with the application process.''; and
            (2) by striking subsection (g) and inserting the following:
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $20,000,000 for each of fiscal years 2012 through 
        2020; and
            ``(2) $40,000,000 for each of fiscal years 2021 through 
        2025.''.

SEC. 203. SUPPORT FOR REFUGE WATER DELIVERIES.

    (a) Report on Historic Refuge Water Deliveries.--Not later than 90 
days after the date of enactment of this Act, the Secretary shall 
submit to the relevant committees of Congress and make publicly 
available a report that describes the following:
            (1) Compliance with section 3406(d)(1) and section 
        3406(d)(2) of the Central Valley Project Improvement Act (title 
        XXXIV of Public Law 102-575) in each of years 1992 through 
        2018, including an indication of the amount of water identified 
        as the Level 2 amount and incremental Level 4 amount for each 
        wetland area.
            (2) The difference between the mandated quantity of water 
        to be delivered to each wetland habitat area described in 
        section 3406(d)(2) and the actual quantity of water delivered 
        since October 30, 1992, including a listing of every year in 
        which the full delivery of water to wetland habitat areas was 
        achieved in accordance with level 4 of the ``Dependable Water 
        Supply Needs'' table, described in section 3406(d)(2) of the 
        Central Valley Project Improvement Act (title XXXIV of Public 
        Law 102-575).
            (3) Which of the authorities granted to the Secretary under 
        Public Law 102-575 to achieve the full level 4 deliveries of 
        water to wetland habitat areas was employed in achieving the 
        increment of water delivery above the Level 2 amount for each 
        wetland habitat area, including whether water conservation, 
        conjunctive use, water purchases, water leases, donations, 
        water banking, or other authorized activities have been used 
        and the extent to which such authorities have been used.
            (4) An assessment of the degree to which the elimination of 
        water transaction fees for the donation of water rights to 
        wildlife refuges would help advance the goals of the Central 
        Valley Project Improvement Act (title XXXIV of Public Law 102-
        575).
    (b) Priority Construction List.--The Secretary shall establish, 
through a public process and in consultation with the Interagency 
Refuge Water Management Team, a priority list for the completion of the 
conveyance construction projects at the wildlife habitat areas 
described in section 3406(d)(2) of the Central Valley Project 
Improvement Act (title XXXIV of Public Law 102-575), including the 
Mendota Wildlife Area, Pixley National Wildlife Refuge and Sutter 
National Wildlife Refuge.
    (c) Ecological Monitoring and Evaluation Program.--Not later than 1 
year after the date of enactment of this Act, the Secretary, acting 
through the Director of the United States Fish and Wildlife Service, 
shall design and implement an ecological monitoring and evaluation 
program, for all Central Valley wildlife refuges, that produces an 
annual report based on existing and newly collected information, 
including--
            (1) the United States Fish and Wildlife Service Animal 
        Health Lab disease reports;
            (2) mid-winter waterfowl inventories;
            (3) nesting and brood surveys;
            (4) additional data collected regularly by the refuges, 
        such as herptile distribution and abundance;
            (5) a new coordinated systemwide monitoring effort for at 
        least 1 key migrant species and 2 resident species listed as 
        threatened and endangered pursuant to the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.) (including one warm-
        blooded and one cold-blooded), that identifies population 
        numbers and survival rates for the 3 previous years; and
            (6) an estimate of the bioenergetic food production 
        benefits to migrant waterfowl, consistent with the methodology 
        used by the Central Valley Joint Venture, to compliment and 
        inform the Central Valley Joint Venture implementation plan.
    (d) Adequate Staffing for Refuge Water Delivery Objectives.--The 
Secretary shall ensure that adequate staffing is provided to advance 
the refuge water supply delivery objectives under the Central Valley 
Project Improvement Act (title XXXIV of Public Law 102-575).
    (e) Funding.--There is authorized to be appropriated $25,000,000 to 
carry out subsections (a) through (d), which shall remain available 
until expended.
    (f) Effect on Other Funds.--Amounts authorized under this section 
shall be in addition to amounts collected or appropriated under the 
Central Valley Project Improvement Act (title XXXIV of Public Law 102-
575).

SEC. 204. DROUGHT PLANNING AND PREPAREDNESS FOR CRITICALLY IMPORTANT 
              FISHERIES.

    (a) Definitions.--In this section:
            (1) Critically important fisheries.--The term ``critically 
        important fisheries'' means--
                    (A) commercially and recreationally important 
                fisheries located within the Reclamation States;
                    (B) fisheries containing fish species that are 
                listed as threatened or endangered pursuant to the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                within the Reclamation States; or
                    (C) fisheries used by Indian Tribes within the 
                Reclamation States for ceremonial, subsistence, or 
                commercial purposes.
            (2) Qualified tribal government.--The term ``qualified 
        Tribal Government'' means any government of an Indian Tribe 
        that the Secretary determines--
                    (A) is involved in fishery management and recovery 
                activities including under the Endangered Species Act 
                of 1973 (16 U.S.C. 1531 et seq.); or
                    (B) has the management and organizational 
                capability to maximize the benefits of assistance 
                provided under this section.
    (b) Drought Plan for Critically Important Fisheries.--Not later 
than January 1, 2021, and every 3 years thereafter, the Secretary, 
acting through 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, State 
fish and wildlife agencies, and affected Indian Tribes, prepare a plan 
to sustain the survival of critically important fisheries within the 
Reclamation States during future periods of extended drought. The plan 
shall focus on actions that can aid the survival of critically 
important fisheries during the driest years. In preparing such plan, 
the Director shall consider--
            (1) habitat restoration efforts designed to provide drought 
        refugia and increased fisheries resilience during droughts;
            (2) relocating the release location and timing of hatchery 
        fish to avoid predation and temperature impacts;
            (3) barging of hatchery release fish to improve survival 
        and reduce straying;
            (4) coordination with water users, the Bureau of 
        Reclamation, State fish and wildlife agencies, and interested 
        public water agencies regarding voluntary water transfers, 
        including through groundwater substitution activities, to 
        determine if water releases can be collaboratively managed in a 
        way that provides additional benefits for critically important 
        fisheries without negatively impacting wildlife habitat;
            (5) hatchery management modifications, such as expanding 
        hatchery production of fish during the driest years, if 
        appropriate for a particular river basin;
            (6) hatchery retrofit projects, such as the installation 
        and operation of filtration equipment and chillers, to reduce 
        disease outbreaks, egg mortality and other impacts of droughts 
        and high water temperatures;
            (7) increasing rescue operations of upstream migrating 
        fish;
            (8) improving temperature modeling and related forecasted 
        information to predict water management impacts to the habitat 
        of critically important fisheries with a higher degree of 
        accuracy than current models;
            (9) testing the potential for parentage-based tagging and 
        other genetic testing technologies to improve the management of 
        hatcheries;
            (10) programs to reduce predation losses at artificially 
        created predation hot spots; and
            (11) retrofitting existing water facilities to provide 
        improved temperature conditions for fish.
    (c) Public Comment.--The Director of the United States Fish and 
Wildlife Service shall provide for a public comment period of not less 
than 90 days before finalizing a plan under subsection (a).
    (d) Authorization of Appropriations for Fish Recovery Efforts.--
There is authorized to be appropriated $25,000,000 for the United 
States Fish and Wildlife Service for fiscal year 2021 for fish, stream, 
and hatchery activities related to fish recovery efforts, including 
work with the National Marine Fisheries Service, the Bureau of 
Reclamation, the Army Corps of Engineers, State fish and wildlife 
agencies, or a qualified Tribal Government.
    (e) Effect.--Nothing in this section is intended to expand, 
diminish, or affect any obligation under Federal or State environmental 
law.

SEC. 205. AQUATIC ECOSYSTEM RESTORATION.

    (a) General Authority.--Subject to the requirements of this 
section, on request of any eligible entity the Secretary may negotiate 
and enter into an agreement on behalf of the United States to fund the 
design, study, and construction of an aquatic ecosystem restoration and 
protection project if the Secretary determines that the project is 
likely to improve the quality of the environment in a Reclamation State 
by improving fish passage through the removal or bypass of barriers to 
fish passage.
    (b) Requirements.--Construction of a project under this section 
shall be a voluntary project initiated only after--
            (1) an eligible entity has entered into an agreement with 
        the Secretary to pay no less than 35 percent of the costs of 
        project construction; and
            (2) the Secretary determines the proposed project--
                    (A) will not result in an unmitigated adverse 
                impact on fulfillment of existing water delivery 
                obligations consistent with historical operations and 
                applicable contracts;
                    (B) will not result in an unmitigated adverse 
                effect on the environment;
                    (C) is consistent with the responsibilities of the 
                Secretary--
                            (i) in the role as trustee for federally 
                        recognized Indian Tribes; and
                            (ii) to ensure compliance with any 
                        applicable international and Tribal treaties 
                        and agreements and interstate compacts and 
                        agreements;
                    (D) is in the financial interest of the United 
                States based on a determination that the project 
                advances Federal objectives including environmental 
                enhancement objectives in a Reclamation State; and
                    (E) protects the public aspects of the eligible 
                facility, including water rights managed for public 
                purposes, such as flood control or fish and wildlife.
    (c) Environmental Laws.--In participating in a project under this 
section, the Secretary shall comply with all applicable Federal 
environmental laws, including the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), and all State environmental laws of the 
Reclamation State in which the project is located involving the 
construction, expansion or operation of a water storage project or fish 
and wildlife protection, provided that no law or regulation of a State 
or political subdivision of a State relieve the Secretary of any 
Federal requirement otherwise applicable under this section.
    (d) Funding.--There is authorized to be appropriated to carry out 
this section $25,000,000 for each fiscal year through fiscal year 2026, 
to remain available until expended.
    (e) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means any Reclamation State, any department, 
agency, or subdivision of a Reclamation State, any public agency 
organized pursuant to the laws of a Reclamation State, an Indian Tribe, 
or a nonprofit organization operating in a Reclamation State.
    (f) Priority for Projects Providing Public Safety and Regional 
Benefits.--When funding projects under this section, the Secretary 
shall prioritize projects that--
            (1) are likely to provide public safety benefits; and
            (2) are regional in nature, including projects that span 
        two or more river basins.

                TITLE III--IMPROVED TECHNOLOGY AND DATA

SEC. 301. DETERMINATION OF WATER SUPPLY ALLOCATIONS.

    (a) Snowpack Measurement Data.--When determining water supply 
allocations, the Secretary, acting through the Commissioner of the 
Bureau of Reclamation, shall incorporate to the greatest extent 
practicable information from emerging technologies for snowpack 
measurement such as--
            (1) synthetic aperture radar;
            (2) laser altimetry; or
            (3) any other emerging technologies that can provide more 
        accurate or timely snowpack measurement data as determined by 
        the Secretary.
    (b) Coordination.--In carrying out subsection (a), the Secretary 
may coordinate data use and collection efforts with other Federal 
agencies and bureaus that currently use or may benefit from the use of 
emerging technologies for snowpack measurement.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $5,000,000 to carry out this section.
    (d) Report.--Not later than October 1, 2022, the Secretary shall 
submit to Congress a report summarizing the use of emerging 
technologies pursuant to this section and describe any benefits derived 
from the use of such technologies related to the environment and 
increased water supply reliability.

SEC. 302. STUDY EXAMINING CLIMATE VULNERABILITIES AT FEDERAL DAMS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall make appropriate arrangements with the 
National Academies of Sciences, Engineering, and Medicine (referred to 
in this section as the ``National Academies'') under which the National 
Academies shall conduct an independent study to--
            (1) examine the projected impact of climate change on the 
        safety of Bureau of Reclamation dams; and
            (2) evaluate and list the Bureau of Reclamation dams that 
        are most vulnerable to climate change related safety risks 
        based on an assessment of climate change related impacts on--
                    (A) the frequency of heavy precipitation events; 
                and
                    (B) other factors that influence the magnitude and 
                severity of flooding events including snow cover and 
                snowmelt, vegetation, and soil moisture.
    (b) Report.--In entering into an arrangement under subsection (a), 
the Secretary shall request that the National Academies--
            (1) transmit to the Secretary and to the relevant 
        committees of Congress a report not later than 24 months after 
        the date of enactment of this Act that includes the results of 
        the study; and
            (2) consider any previous studies or evaluations conducted 
        or completed by the Bureau of Reclamation or local water 
        agencies on climate change impacts to dams, facilities, and 
        watersheds as a reference and source of information during the 
        development of the independent study.
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