[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2185 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2185

 To reauthorize certain Bureau of Reclamation programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2021

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

_______________________________________________________________________

                                 A BILL


 
 To reauthorize certain Bureau of Reclamation programs, 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 ``Western Water Infrastructure Act of 
2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Grandfathered project.--The term ``grandfathered 
        project'' means a project that has been included in a 
        feasibility level study by the Secretary that was commenced, 
        including at the appraisal level, on or before January 1, 2021, 
        in anticipation of Federal funding or recommended by the 
        Secretary and approved by an Act of Congress prior to the date 
        of enactment of this Act pursuant to--
                    (A) section 4007 of the WIIN Act (43 U.S.C. 390b 
                note; Public Law 114-322);
                    (B) section 4(a)(2) of the Water Desalination Act 
                of 1996 (42 U.S.C. 10301 note; Public Law 104-298); or
                    (C) section 1602(e) of the Reclamation Wastewater 
                and Groundwater Study and Facilities Act (43 U.S.C. 
                390h(e)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.

SEC. 3. REAUTHORIZATION OF CERTAIN RECLAMATION PROGRAMS.

    (a) Water Storage Program.--Section 4007 of the WIIN Act (43 U.S.C. 
390b note; Public Law 114-322) is amended--
            (1) in subsection (h)--
                    (A) in paragraph (1), by striking ``(1) 
                $335,000,000'' and inserting the following:
            ``(1) In general.--$1,600,000,000''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Requirement.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                project may only receive funding under this section if 
                the project has been included in an Act of Congress 
                that specifically approves a project recommendation in 
                an annual report issued in accordance with section 5 of 
                the Western Water Infrastructure Act of 2021.
                    ``(B) Limitation.--Subparagraph (A) shall not apply 
                to a grandfathered project (as defined in section 2 of 
                the Western Water Infrastructure Act of 2021).'';
            (2) by striking subsection (i); and
            (3) by redesignating subsections (j) and (k) as subsections 
        (i) and (j), respectively.
    (b) Eligible Desalination Projects.--Section 4(a) of the Water 
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is 
amended--
            (1) by redesignating the second paragraph (1) (relating to 
        eligible desalination projects) as paragraph (2); and
            (2) in subparagraph (F) of paragraph (2) (as so 
        redesignated)--
                    (A) in clause (i)--
                            (i) by striking ``(i) $30,000,000'' and 
                        inserting the following:
                            ``(i) In general.--$125,000,000''; and
                            (ii) by striking ``; and'' and at the end 
                        and inserting a period; and
                    (B) by striking clause (ii) and inserting the 
                following:
                            ``(ii) Requirement.--
                                    ``(I) In general.--Subject to 
                                subclause (II), a project may only 
                                receive funding under this section if 
                                the project has been included in an Act 
                                of Congress that specifically approves 
                                a project recommendation in an annual 
                                report issued in accordance with 
                                section 5 of the Western Water 
                                Infrastructure Act of 2021.
                                    ``(II) Limitation.--Subclause (I) 
                                shall not apply to a grandfathered 
                                project (as defined in section 2 of the 
                                Western Water Infrastructure Act of 
                                2021).''.
    (c) Reclamation and Reuse of Wastewater and Groundwater.--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)--
                    (A) by striking the paragraph designation and all 
                that follows through ``There is'' and inserting the 
                following:
                    ``(A) In general.--There is''; and
                    (B) by striking ``$50,000,000'' and inserting 
                ``$375,000,000''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Requirement.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                project may only receive funding under this section if 
                the project has been included in an Act of Congress 
                that specifically approves a project recommendation in 
                an annual report issued in accordance with section 5 of 
                the Western Water Infrastructure Act of 2021.
                    ``(B) Limitation.--Subparagraph (A) shall not apply 
                to a grandfathered project (as defined in section 2 of 
                the Western Water Infrastructure Act of 2021).''.
    (d) Duration of Certain Reclamation Projects.--Section 4013 of the 
WIIN Act (43 U.S.C. 390b note; Public Law 114-322) is amended--
            (1) in paragraph (1), by striking ``; and'' at the end;
            (2) in paragraph (2), by striking the period at the end the 
        following and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(2) sections 4006, 4007 (other than a project under 
        construction under that section that is covered by paragraph 
        (2)), 4008, 4009 (other than a project under construction under 
        the amendment made by subsection (a) or (c) of section 4009 
        that is covered by paragraph (2)), and 4011 (including any 
        amendments made by those sections), which shall expire 5 years 
        after the date of enactment of the Western Water Infrastructure 
        Act of 2021.''.
    (e) Applicable Law.--A grandfathered project shall continue to be 
subject to the applicable requirements of the following:
            (1) Section 4007 of the WIIN Act (43 U.S.C. 390b note; 
        Public Law 114-322).
            (2) Section 4(a)(2) of the Water Desalination Act of 1996 
        (42 U.S.C. 10301 note; Public Law 104-298).
            (3) Section 1602(e) of the Reclamation Wastewater and 
        Groundwater Study and Facilities Act (43 U.S.C. 390h(e)).

SEC. 4. 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 ``$700,000,000'' and 
inserting ``$1,000,000,000''.

SEC. 5. ANNUAL REPORT TO CONGRESS ON FUTURE WESTERN WATER STORAGE 
              PROJECTS.

    (a) Definitions.--In this section:
            (1) Annual report.--The term ``annual report'' means a 
        report required under subsection (b)(1).
            (2) Authorized reclamation project.--
                    (A) In general.--The term ``authorized Reclamation 
                project'' means a project authorized under--
                            (i) section 4007 of the WIIN Act (43 U.S.C. 
                        390b note; Public Law 114-322);
                            (ii) section 4(a)(2) of the Water 
                        Desalination Act of 1996 (42 U.S.C. 10301 note; 
                        Public Law 104-298); or
                            (iii) section 1602(e) of the Reclamation 
                        Wastewater and Groundwater Study and Facilities 
                        Act (43 U.S.C. 390h(e)).
                    (B) Exclusion.--The term ``authorized Reclamation 
                project'' does not include a grandfathered project.
            (3) Authorizing committees of congress.--The term 
        ``authorizing committees of Congress'' means--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
    (b) Annual Report.--
            (1) In general.--Not later than February 1 of each year, 
        the Secretary shall develop and submit to the authorizing 
        committees of Congress a report, to be entitled ``Report to 
        Congress on Future Water Storage Projects'', that identifies 
        each authorized Reclamation project that the Secretary has 
        determined meets the criteria and eligibility requirements 
        under subsection (a) or (b) of section 4007 of the WIIN Act (43 
        U.S.C. 390b note; Public Law 114-322), section 4(a)(2) of the 
        Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public 
        Law 104-298), or section 1602(e) of the Reclamation Wastewater 
        and Groundwater Study and Facilities Act (43 U.S.C. 390h(e)), 
        as applicable.
            (2) Transparency.--For each authorized Reclamation project 
        included in the annual report under paragraph (1), the 
        Secretary shall include--
                    (A) the name of the associated non-Federal entity, 
                including the name of any non-Federal entity that has 
                contributed, or is expected to contribute, a non-
                Federal share of the cost of the authorized Reclamation 
                project;
                    (B) a letter or statement of support from each 
                associated non-Federal entity; and
                    (C) a summary of the basis for the determination of 
                the Secretary that the authorized Reclamation project 
                meets the eligibility requirements referred to in 
                paragraph (1), including an estimate, to the maximum 
                extent practicable, of the monetary and nonmonetary 
                benefits of the authorized Reclamation project.

SEC. 6. CONTRACTS FOR ENHANCED INSPECTION.

    (a) Definitions.--In this section:
            (1) Aging infrastructure.--The term ``aging 
        infrastructure'' means any infrastructure subject to an 
        enhanced inspection under this section that is associated with 
        a facility that--
                    (A) was constructed by the Bureau of Reclamation 
                (or a precursor to the Bureau of Reclamation), in 
                accordance with the reclamation laws; and
                    (B) is greater than 50 years old as of the date of 
                the enhanced inspection.
            (2) Enhanced inspection.--The term ``enhanced inspection'' 
        means an inspection that uses current or innovative technology, 
        including Light Detection and Ranging (commonly known as 
        ``LiDAR''), ground penetrating radar, subsurface imaging, or 
        subsurface geophysical techniques, to detect whether the 
        features of aging infrastructure--
                    (A)(i) are structurally sound; and
                    (ii) can operate as intended; or
                    (B) are at risk of failure.
            (3) Reclamation laws.--The term ``reclamation laws'' means 
        Federal reclamation law (the Act of June 17, 1902 (32 Stat. 
        388, chapter 1093), and Acts supplemental to and amendatory of 
        that Act (43 U.S.C. 371 et seq.)).
    (b) Enhanced Inspection.--
            (1) In general.--The Secretary may carry out enhanced 
        inspections of aging infrastructure, pursuant to a contract 
        with the owner or operator of the aging infrastructure.
            (2) Certain circumstances.--Subject to the availability of 
        appropriations or funds otherwise available pursuant to 
        subsection (d), the Secretary shall enter into a contract 
        described in paragraph (1), if the owner or operator of the 
        aging infrastructure requests that the Secretary carry out the 
        enhanced inspections.
            (3) Reimbursability.--Any Federal funds used to carry out 
        the enhanced inspections under this section are 
        nonreimbursable.
    (c) Limitation.--The Secretary shall not require an owner or 
operator of a project under the jurisdiction of another Federal agency 
to carry out corrective or remedial actions in response to an enhanced 
inspection carried out under this section.
    (d) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $50,000,000, to 
        remain available until expended.
            (2) Acceptance of funds.--The Secretary may--
                    (A) accept funds from an owner or operator of aging 
                infrastructure to carry out an enhanced inspection of 
                the aging infrastructure under this section; and
                    (B) use the funds accepted under subparagraph (A) 
                to carry out an enhanced inspection of the aging 
                infrastructure pursuant to a contract entered into with 
                the owner or operator under this section.

SEC. 7. RESERVOIR SEDIMENT MANAGEMENT.

    (a) Definition of Sediment Management Plan.--In this section, the 
term ``sediment management plan'' means a plan for--
            (1) preventing sediment from reducing water storage 
        capacity at a reservoir; and
            (2) increasing water storage capacity through sediment 
        removal at a reservoir.
    (b) Sediment Management Program.--The Secretary shall carry out a 
program for the development and implementation of sediment management 
plans for reservoirs owned by the Secretary, on request by project 
beneficiaries.
    (c) Plan Elements.--A sediment management plan under subsection (b) 
shall--
            (1) provide opportunities for States, project 
        beneficiaries, and other stakeholders to participate in 
        sediment management decisions;
            (2) evaluate the volume of sediment in a reservoir and 
        impacts on project purposes, including storage capacity;
            (3) identify sediment management options, including 
        sediment dikes and dredging;
            (4) identify constraints;
            (5) assess technical feasibility, economic justification, 
        and environmental impacts;
            (6) identify beneficial uses for sediment; and
            (7) to the maximum extent practicable, use, develop, and 
        demonstrate innovative, cost-saving technologies, including 
        structural and nonstructural technologies and designs, to 
        manage sediment.
    (d) Justification.--In determining the economic justification of a 
sediment management plan under subsection (b), the Secretary shall--
            (1) measure and include flooding, erosion, and accretion 
        damages upstream and downstream of the reservoir that are 
        likely to occur as a result of sediment management within the 
        reservoir compared to the damages that are likely to occur if 
        the sediment management plan is not implemented; and
            (2) include--
                    (A) lifecycle costs; and
                    (B) a 100-year period of analysis.
    (e) Prioritization of Sediment Management Plans.--In carrying out 
the program under this section, the Secretary shall give priority to 
developing and implementing sediment management plans that affect 
reservoirs that cross State lines.
    (f) Cost Share.--
            (1) In general.--The beneficiaries requesting a sediment 
        management plan shall share in the cost of development and 
        implementation of the sediment management plan.
            (2) Allocation.--There shall be allocated--
                    (A) among the beneficiaries described in paragraph 
                (1) the reimbursable costs of developing and 
                implementing the sediment management plan; and
                    (B) to the Secretary the nonreimbursable costs of 
                any other public benefits identified in the sediment 
                management plan.
    (g) Contributed Funds.--The Secretary may accept funds from non-
Federal entities and other Federal agencies to develop and implement a 
sediment management plan under this section.
    (h) Guidance.--The Secretary shall use the knowledge gained through 
the development and implementation of sediment management plans under 
subsection (b) to develop guidance for sediment management at other 
reservoirs.
    (i) Partnership With the Chief of Engineers.--
            (1) In general.--The Secretary shall carry out the program 
        established under this section in partnership with the 
        Secretary of the Army, acting through the Chief of Engineers, 
        which shall apply to reservoirs managed or owned by the Corps 
        of Engineers.
            (2) Memorandum of agreement.--For sediment management plans 
        that apply to a reservoir managed or owned by the Corps of 
        Engineers under paragraph (1), the Secretary and the Secretary 
        of the Army shall execute a memorandum of agreement 
        establishing--
                    (A) the framework for a partnership; and
                    (B) the terms and conditions for sharing expertise 
                and resources.
            (3) Payments.--The Secretary may accept and expend funds 
        from the Secretary of the Army any work under this subsection 
        at a reservoir managed or owned by Corps of Engineers.
            (4) Lead agency.--The Secretary or the Secretary of the 
        Army, as applicable, based on who has primary jurisdiction over 
        a reservoir, shall take the lead in developing and implementing 
        a sediment management plan for the reservoir.
    (j) Other Authorities Not Affected.--Nothing in this section 
affects--
            (1) sediment management; or
            (2) the share of costs paid by Federal and non-Federal 
        entities relating to sediment management under any other 
        provision of law (including regulations).
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000, to remain 
available until expended.

SEC. 8. ELIMINATION OF BUREAU OF RECLAMATION MAINTENANCE BACKLOG.

    (a) In General.--The Secretary shall use amounts made available 
under subsection (b)--
            (1) to carry out activities to reduce or eliminate all 
        major rehabilitation and replacement needs of the Bureau of 
        Reclamation, as identified in an Asset Management Report (as 
        defined in section 8601 of the John D. Dingell, Jr. 
        Conservation, Management, and Recreation Act (43 U.S.C. 505a)); 
        or
            (2) to support the rehabilitation, reconstruction, or 
        replacement of any dam--
                    (A) the construction of which began on or after 
                January 1, 1905;
                    (B) that was developed pursuant to section 4 of the 
                Act of August 18, 1894 (commonly known as the ``Carey 
                Act'') (28 Stat. 422, chapter 301; 43 U.S.C. 641);
                    (C) that the Governor of the State in which the dam 
                is located has--
                            (i) determined reached the useful life of 
                        the dam;
                            (ii) determined poses significant health 
                        and safety concerns; and
                            (iii) requested Federal support; and
                    (D) for which the estimated rehabilitation, 
                reconstruction, or replacement, engineering, and 
                permitting costs would exceed $50,000,000.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out this section $5,000,000,000 for the 
        period of fiscal years 2022 through 2026.
            (2) Reimbursement of costs.--Amounts made available to the 
        Secretary under paragraph (1) for maintenance activities at 
        reserved works and transferred works identified in the report 
        described in subsection (a)(1) that are considered to be 
        reimbursable costs under existing contracts shall be afforded 
        the repayment terms provided under section 9603 of the Omnibus 
        Public Land Management Act of 2009 (43 U.S.C. 510b).
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