[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5716 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 5716

 To promote water supply reliability and improved water management for 
  rural communities, the State of California, and the Nation, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 25, 2021

 Mr. Harder of California (for himself, Mr. Costa, Mr. Garamendi, Mr. 
  Panetta, and Mr. McNerney) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To promote water supply reliability and improved water management for 
  rural communities, the State of California, and the Nation, 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 ``Securing Access for the central 
Valley and Enhancing (SAVE) Water Resources Act''.

SEC. 2. WATER INFRASTRUCTURE FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Water Infrastructure and 
Drought Solutions Fund'' (referred to in this section as the ``Fund''), 
consisting of--
            (1) such amounts as are deposited in the Fund under 
        subsection (b); and
            (2) any interest earned on investment of amounts in the 
        Fund under subsection (c)(1)(B).
    (b) Deposits to Fund.--
            (1) In general.--For each of fiscal years 2032 through 
        2062, the Secretary of the Treasury shall deposit in the Fund 
        $750,000,000 of the revenues that would otherwise be deposited 
        for the fiscal year in the reclamation fund established by the 
        first section of the Act of June 17, 1902 (32 Stat. 388, 
        chapter 1093), of which--
                    (A) $250,000,000 shall be expended by the Secretary 
                of the Interior for new surface or ground water storage 
                projects provided that--
                            (i) expenditures are made for 
                        nonreimbursable public benefits under Federal 
                        reclamation law (the Act of June 17, 1902 (32 
                        Stat. 388, chapter 1093), and Acts supplemental 
                        to and amendatory of that Act); and
                            (ii) Federal expenditures account for no 
                        more than 50 percent of total costs for any 
                        project;
                    (B) $250,000,000 shall be expended by the Secretary 
                of the Interior for water reclamation and reuse 
                projects authorized under title XVI of Public Law 102-
                575 and section 4009 of Public Law 114-322; and
                    (C) $250,000,000 shall be expended by the Secretary 
                of the Interior for WaterSMART grants authorized under 
                the Omnibus Public Lands Management Act of 2009 (42 
                U.S.C. 10364).
            (2) Availability of amounts.--Amounts deposited in the Fund 
        under this section shall--
                    (A) be made available in accordance with this 
                section, without further appropriation; and
                    (B) be in addition to amounts appropriated for such 
                purposes under any other provision of law.
    (c) Expenditures From Fund.--
            (1) In general.--Subject to subsection (b), for each of 
        fiscal years 2032 through 2062, the respective Secretary may 
        expend from the Fund, in accordance with this section, not more 
        than an amount equal to the sum of--
                    (A) the amounts deposited in the Fund that year 
                under subsection (b); and
                    (B) the amount of interest accrued in the Fund for 
                the fiscal year in which the expenditures are made.
            (2) Additional expenditures.--
                    (A) In general.--The Secretary may expend more in 
                any fiscal year than the amounts described in 
                subsection (a) if the additional amounts are available 
                in the Fund as a result of a failure of the Secretary 
                to expend all of the amounts available under subsection 
                (a) in 1 or more prior fiscal years.
                    (B) Retention in accounts.--Any additional amounts 
                referred to in paragraph (1) shall--
                            (i) accrue interest in accordance with this 
                        section; and
                            (ii) only be expended for the purposes for 
                        which expenditures from the Fund are 
                        authorized.

SEC. 3. GROUND WATER RECHARGE PLANNING.

    (a) Findings and Purpose.--
            (1) Findings.--The Congress finds that--
                    (A) there is a lack of information regarding local 
                ground water storage and recharge opportunities in the 
                Western United States;
                    (B) additional information regarding local ground 
                water storage and recharge opportunities can help 
                inform future Federal and State funding activities and 
                assist State government initiatives such as 
                implementation of part 2.74 of the California Water 
                Code (commonly known as the ``Sustainable Groundwater 
                Management Act''); and
                    (C) challenges associated with drought and extreme 
                aridity from changing weather patterns will require 
                additional investment in ground water storage and 
                recharge.
            (2) Purpose.--The purpose of this section is to help inform 
        future Federal, State, local, and other investment in ground 
        water recharge projects.
    (b) Definitions.--In this section:
            (1) Critically overdrafted basins.--The term ``critically 
        overdrafted basins'' means those basins identified by the 
        California Department of Water Resources pursuant to part 2.74 
        of the California Water Code (commonly known as the 
        ``California's Sustainable Groundwater Management Act'').
            (2) Reclamation state.--The term ``Reclamation State'' 
        means any Reclamation State (as defined in section 4014 of the 
        Water Infrastructure Improvements for the Nation Act (Public 
        Law 114-322; 43 U.S.C. 390b note)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
    (c) Evaluation and Report.--
            (1) In general.--Not later than 4 years after the date of 
        the enactment of this Act, the Secretary shall complete an 
        evaluation and report to Congress that identifies potential 
        ground water storage and recharge opportunities in each 
        Reclamation State including recharge opportunities in 
        critically overdrafted basins.
            (2) Report.--The report to Congress shall include--
                    (A) an assessment of potentially beneficial storage 
                and recharge locations based on the Secretary's 
                assessment of--
                            (i) hydrologic attributes;
                            (ii) geologic attributes;
                            (iii) engineering attributes;
                            (iv) water supply benefits;
                            (v) environmental benefits;
                            (vi) infrastructure benefits related to 
                        mitigation of subsidence-related infrastructure 
                        damage; and
                            (vii) sustainability benefits for 
                        critically overdrafted basins; and
                    (B) an assessment of potential conveyance 
                infrastructure needs to move excess runoff to the 
                recharge locations identified by the Secretary under 
                this section.
            (3) Coordination.--To the maximum extent practicable, the 
        Secretary shall coordinate research activities with Reclamation 
        State agencies, ground water sustainability agencies, 
        universities, and nonprofit organizations in a manner designed 
        to assist with implementation of State-led initiatives such as 
        part 2.74 of the California Water Code (commonly known as the 
        ``Sustainable Groundwater Management Act'').

SEC. 4. RECLAMATION INFRASTRUCTURE FINANCE AND INNOVATION PILOT 
              PROGRAM.

    (a) Short Title.--This section may be cited as the ``Reclamation 
Infrastructure Finance and Innovation Act''.
    (b) Establishment.--The Secretary of the Interior (referred to in 
this section as the ``Secretary'') shall establish and carry out a 
pilot program under which the Secretary shall provide to eligible 
entities described in section 5025 of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 3904) financial assistance in 
accordance with this section to carry out eligible projects described 
in subsection (c).
    (c) Eligible Projects.--
            (1) In general.--A project eligible to receive assistance 
        under the pilot program under this section is a water supply 
        project 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 (as defined in 
                        section 4014 of the Water Infrastructure 
                        Improvements for the Nation Act (Public Law 
                        114-322; 43 U.S.C. 390b note));
                    (B) would contribute directly or indirectly 
                (including through ground water recharge) to a safe, 
                adequate water supply for domestic, agricultural, 
                environmental, municipal, or industrial use; and
                    (C) is otherwise eligible for assistance under this 
                section.
            (2) 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.
    (d) 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.
    (e) Requirements.--
            (1) Project selection.--In selecting eligible projects to 
        receive assistance under the pilot 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 (c)(1).
            (2) Importation of other requirements.--The following shall 
        apply to the pilot 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 
                        of the Interior;
                            (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.).
    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out the pilot program under this section 
        $150,000,000 for fiscal years 2022 through 2026, 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 pilot program under this section 
        (including for the provision of technical assistance to project 
        sponsors pursuant to paragraph (3) and in obtaining necessary 
        approvals and transfer to the Administrator of the 
        Environmental Protection Agency to provide assistance in 
        administering and servicing Federal credit instruments under 
        the pilot 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 section 5028(a)(1)(D) of the 
                Water Resources Reform and Development Act of 2014 (33 
                U.S.C. 3907(a)(1)(D)), to assist project sponsors in 
                obtaining the necessary approval for small community 
                projects that are eligible for assistance under section 
                5028(a)(2)(B) of the Water Resources Reform and 
                Development Act of 2014 (33 U.S.C. 3907(a)(1)(D)) 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.
    (g) Limitation.--No project that receives financial 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.
    (h) Eligibility for Assistance.--
            (1) Eligible projects.--The following projects may be 
        carried out using assistance made available under this section:
                    (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, or municipal and 
                        industrial use; and
                            (ii) is otherwise eligible for assistance 
                        under this section.
                    (C) A new water infrastructure facility project, 
                including--
                            (i) a water conduit, pipeline, or canal; 
                        and
                            (ii) pumping, power, and associated 
                        facilities.
                    (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 facility.
                    (F) A brackish or sea water desalination project.
                    (G) 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 combination of projects, each of which is 
                eligible under subparagraphs (A) through (H), for which 
                an eligible entity submits a single application.
            (2) Activities eligible for assistance.--For the purposes 
        of this section, an eligible activity with respect to an 
        eligible project under subsection (a) includes the cost of--
                    (A) development-phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, permitting, transaction costs, 
                preliminary engineering and design work, and other 
                preconstruction activities;
                    (B) construction, reconstruction, rehabilitation, 
                and replacement activities;
                    (C) the acquisition of real property (including 
                water rights, land relating to the project, and 
                improvements to land), environmental mitigation, 
                construction contingencies, and acquisition of 
                equipment;
                    (D) capitalized interest necessary to meet market 
                requirements, reasonably required reserve funds, 
                capital issuance expenses, and other carrying costs 
                during construction;
                    (E) refinancing interim construction funding, long-
                term project obligations, or a secured loan, loan 
                guarantee, or other credit enhancement made under this 
                section;
                    (F) refinancing long-term project obligations or 
                Federal credit instruments, if that refinancing 
                provides additional funding capacity for the 
                completion, enhancement, or expansion of any project 
                selected for assistance under this Act;
                    (G) 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
                    (H) grants, loans, or credit enhancement for 
                community development financial institutions, green 
                banks, and other financial intermediaries providing 
                ongoing finance for projects that meet the purposes of 
                this section.

SEC. 5. FEASIBILITY STUDIES.

    As soon as practicable after the date of the enactment of this Act, 
in compliance with all environmental and other applicable laws, the 
Secretary of the Interior shall complete all remaining feasibility 
studies associated with the following projects:
            (1) Del Puerto Canyon Reservoir, located in the foothills 
        of the Coast Range mountains west of Patterson, California.
            (2) San Luis Reservoir in the San Joaquin Valley, 
        California.

SEC. 6. RURAL WATER SUPPLY PROGRAM REAUTHORIZATION.

    The Rural Water Supply Act of 2006 (Public Law 109-451) is 
amended--
            (1) in section 109(a) (43 U.S.C. 2408(a)), by striking 
        ``2016'' and inserting ``2026''; and
            (2) in section 110 (43 U.S.C. 2409), by striking ``2016'' 
        and inserting ``2026''.

SEC. 7. 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 (title XVI of Public Law 102-575; 
43 U.S.C. 390h et seq.) is amended by striking paragraphs (2) and (3) 
and inserting the following:
            ``(2) Priority.--When funding projects under paragraph (1), 
        the Secretary shall give funding priority to projects that meet 
        one or more of the following criteria:
                    ``(A) Projects that are likely to provide a more 
                reliable water supply for States and local governments.
                    ``(B) Projects that are likely to increase the 
                water management flexibility and reduce impacts on 
                environmental resources from projects operated by 
                Federal and State agencies.
                    ``(C) Projects that are regional in nature.
                    ``(D) Projects with multiple stakeholders.
                    ``(E) Projects that provide multiple benefits, 
                including water supply reliability, eco-system 
                benefits, groundwater management and enhancements, and 
                water quality improvements.''.
    (b) Authorization of Appropriations.--Section 1602(g) of the 
Reclamation Wastewater and Groundwater Study and Facilities Act (title 
XVI of Public Law 102-575; 43 U.S.C. 390h et seq.) is amended--
            (1) by striking ``$50,000,000'' and inserting 
        ``$500,000,000 through fiscal year 2025''; and
            (2) by striking ``if enacted appropriations legislation 
        designates funding to them by name,''.
    (c) Duration.--Section 4013 of the WIIN Act (Public Law 114-332; 43 
U.S.C. 390b note) is amended--
            (1) in paragraph (1), by striking ``and'';
            (2) in paragraph (2), by striking ``4007, 4009(a), and 
        4009(c).'' and inserting ``4007 and 4009(a); and''
            (3) by adding at the end the following:
            ``(3) section 4009(c).''.
    (d) Limitation on Funding.--Section 1631(d) of the Reclamation 
Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-
13(d)) is amended by striking ``$20,000,000 (October 1996 prices)'' and 
inserting ``$30,000,000 (January 2019 prices)''.

SEC. 8. WATER TECHNOLOGY AWARD PROGRAM AND INVESTMENT PROGRAMS.

    (a) Award Program Established.--The Secretary of the Interior, 
working through the Bureau of Reclamation, shall establish a program to 
award prizes to eligible persons described in subsection (b) for 
achievement in 1 or more of the following applications of water 
technology:
            (1) Demonstration of desalination of brackish or sea water 
        with significantly less energy than commercially available 
        reverse osmosis technology.
            (2) Demonstration of portable or modular desalination units 
        that can process 1 to 5,000,000 gallons per day that could be 
        deployed for temporary emergency uses in coastal communities or 
        communities with brackish ground water supplies.
            (3) Demonstration of significant advantages over 
        commercially available reverse osmosis technology as determined 
        by the board established under subsection (c).
            (4) Reducing open water evaporation.
            (5) Improving methods to treat and reuse agricultural 
        drainage waters.
            (6) Reducing the loss of threatened and endangered fish due 
        to fish predation.
            (7) Reducing the entrainment of fish larvae on screens and 
        intakes.
    (b) Eligible Person.--An eligible person described in this 
subsection is--
            (1) an individual who is--
                    (A) a citizen or legal resident of the United 
                States; or
                    (B) a member of a group that includes citizens or 
                legal residents of the United States;
            (2) an entity that is incorporated and maintains its 
        primary place of business in the United States; or
            (3) a public water agency.
    (c) Establishment of Board.--
            (1) In general.--The Secretary of the Interior shall 
        establish a board to administer the program established under 
        subsection (a).
            (2) Membership.--The board shall be composed of not less 
        than 15 and not more than 21 members appointed by the 
        President, of whom--
                    (A) not less than 1 shall--
                            (i) be a representative of the interests of 
                        academic, business, and nonprofit 
                        organizations; and
                            (ii) have expertise in--
                                    (I) the field of water technology; 
                                or
                                    (II) administering award 
                                competitions; and
                    (B) not less than 1 shall be--
                            (i) a representative of agricultural water 
                        users;
                            (ii) a representative of municipal and 
                        industrial water users;
                            (iii) a representative of the Bureau of 
                        Reclamation of the Department of the Interior; 
                        and
                            (iv) a representative of the National 
                        Science Foundation.
    (d) Awards.--Subject to the availability of appropriations, the 
board established under subsection (c) may make awards under the 
program established under subsection (a) as follows:
            (1) Financial prize.--The board may hold a financial award 
        competition and award a financial award in an amount determined 
        before the commencement of the competition to the first 
        competitor to meet such criteria as the board shall establish.
            (2) Recognition prize.--
                    (A) In general.--The board may recognize an 
                eligible person for superlative achievement in 1 or 
                more applications described in subsection (a).
                    (B) No financial remuneration.--An award under this 
                paragraph shall not include any financial remuneration.
                    (C) National technology and innovation medal 
                recommendations.--For each eligible person recognized 
                under this paragraph, the board shall recommend to the 
                Secretary of Commerce that the Secretary recommend to 
                the President under section 16(b) of the Stevenson-
                Wydler Technology Innovation Act of 1980 (15 U.S.C. 
                3711(b)) that the President award the National 
                Technology and Innovation Medal established under 
                section 16(a) of such Act to such eligible person.
    (e) Administration.--
            (1) Contracting.--The board established under subsection 
        (c) may contract with a private organization to administer a 
        financial award competition described in subsection (d)(1).
            (2) Solicitation of funds.--A member of the board or any 
        administering organization with which the board has a contract 
        under paragraph (1) may solicit gifts from private and public 
        entities to be used for a financial award under subsection 
        (d)(1).
            (3) Limitation on participation of donors.--The board may 
        allow a donor who is a private person described in paragraph 
        (2) to participate in the determination of criteria for an 
        award under subsection (d), but such donor may not solely 
        determine the criteria for such award.
            (4) No advantage for donation.--A donor who is a private 
        person described in paragraph (3) shall not be entitled to any 
        special consideration or advantage with respect to 
        participation in a financial award competition under subsection 
        (d)(1).
    (f) Intellectual Property.--The Federal Government may not acquire 
an intellectual property right in any product or idea by virtue of the 
submission of such product or idea in any competition under subsection 
(d)(1).
    (g) Liability.--The board established under subsection (c) may 
require a competitor in a financial award competition under subsection 
(d)(1) to waive liability against the Federal Government for injuries 
and damages that result from participation in such competition.
    (h) Annual Report.--Each year, the board established under 
subsection (c) shall submit to Congress a report on the program 
established under subsection (a).
    (i) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        sums for the program established under subsection (a) as 
        follows:
                    (A) For administration of prize competitions under 
                subsection (d), $750,000 for each fiscal year.
                    (B) For the awarding of a financial prize award 
                under subsection (d)(1), in addition to any amounts 
                received under subsection (e)(2), $2,000,000 for each 
                fiscal year.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) shall 
        remain available until expended.
    (j) Water Technology Investment Program Established.--The Secretary 
of the Interior, working through the Bureau of Reclamation, shall 
establish a program, pursuant to the Reclamation Wastewater and 
Groundwater Study and Facilities Act (title XVI of Public Law 102-575), 
the Water Desalination Act of 1996 (Public Law 104-298), and other 
applicable laws, to promote the expanded use of technology for 
improving availability and resiliency of water supplies and power 
deliveries, which shall include--
            (1) investments to enable expanded and accelerated 
        deployment of desalination technology;
            (2) investments to enable expanded and accelerated use of 
        recycled water; and
            (3) investments that improve water management, using best 
        available science, and include real-time monitoring of wildlife 
        and water deliveries.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each fiscal year for the Secretary to carry 
out the purposes and provisions of subsection (j). Funds made available 
under this subsection shall be considered a nonreimbursable Federal 
expenditure and shall remain available until expended.
                                 <all>