[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2286 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2286
To authorize the Secretary of the Interior to use designated funding to
pay for construction of authorized rural water projects, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2021
Mr. Tester introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to use designated funding to
pay for construction of authorized rural water projects, 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 ``Western Water,
Jobs, and Infrastructure Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RECLAMATION RURAL WATER PROJECT CONSTRUCTION FUND
Sec. 101. Definitions.
Sec. 102. Establishment.
Sec. 103. Deposits to Fund.
Sec. 104. Expenditures from Fund.
Sec. 105. Investments of amounts.
TITLE II--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
Sec. 201. Indian Water Rights Settlement Completion Fund.
TITLE III--MILK RIVER PROJECT
Sec. 301. Definitions.
Sec. 302. Milk River Project rehabilitation projects.
TITLE I--RECLAMATION RURAL WATER PROJECT CONSTRUCTION FUND
SEC. 101. DEFINITIONS.
In this title:
(1) Authorized rural water project.--The term ``authorized
rural water project'' means a project--
(A) that is designed to provide domestic,
industrial, municipal, or residential water to a small
community or group of small communities, including
Indian Tribes and Tribal organizations; and
(B)(i) that is authorized to be carried out by the
Secretary on or before the date of enactment of this
Act; or
(ii) for which an Act of Congress after the date of
enactment of this Act has authorized the construction
of the project.
(2) Fund.--The term ``Fund'' means the Reclamation Rural
Water Project Construction Fund established by section 102.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
SEC. 102. ESTABLISHMENT.
There is established in the Treasury of the United States a fund,
to be known as the ``Reclamation Rural Water Project Construction
Fund'', consisting of--
(1) such amounts as are deposited in the Fund under section
103; and
(2) any interest earned on investment of amounts in the
Fund under section 105.
SEC. 103. DEPOSITS TO FUND.
(a) In General.--There is appropriated to the Fund, out of money in
the Treasury not otherwise appropriated, $200,000,000 for each of
fiscal years 2022 through 2026, to remain available until September 30,
2036.
(b) Availability of Amounts.--Amounts deposited in the Fund under
subsection (a) shall--
(1) be made available in accordance with this title,
without further appropriation; and
(2) supplements, and not supplant, amounts appropriated for
authorized rural water projects under any other provision of
law.
SEC. 104. EXPENDITURES FROM FUND.
(a) In General.--Subject to subsection (b), for each of fiscal
years 2022 through 2026, the Secretary may use not less than
$200,000,000 of amounts available in the Fund to complete construction
of authorized rural water projects.
(b) Restrictions.--
(1) No operation and maintenance costs.--The Secretary
shall not use any amounts from the Fund to pay for operation
and maintenance costs of an authorized rural water project
authorized under subsection (a).
(2) Conditions.--The Secretary shall not expend any amounts
from the Fund to carry out this section until the date on which
the Secretary develops--
(A) programmatic goals to carry out this section
that--
(i) would enable the completion of
construction of the authorized rural water
projects as expeditiously as practicable; and
(ii) reflect--
(I) the goals and priorities
identified in the laws authorizing the
authorized rural water projects; and
(II) the goals of the Reclamation
Rural Water Supply Act of 2006 (43
U.S.C. 2401 et seq.); and
(B) funding prioritization criteria to serve as a
methodology for distributing funds under this section
that take into account--
(i) an evaluation of the urgent and
compelling need for potable water supplies in
the affected rural and Tribal communities;
(ii) the status of the current stages of
completion of the authorized rural water
project;
(iii) the financial needs of the affected
rural and Tribal communities;
(iv) the potential economic benefits of the
expenditures on job creation and general
economic development in the affected rural and
Tribal communities;
(v) the ability of the authorized rural
water project to address regional- and
watershed-level water supply needs;
(vi) the ability of the authorized rural
water project--
(I) to minimize water and energy
consumption; and
(II) to encourage the development
of renewable energy resources, such as
wind, solar, and hydropower elements;
(vii) the need for the authorized rural
water project to address--
(I) the needs of Indian Tribes and
members of Indian Tribes; and
(II) other community needs or
interests; and
(viii) such other factors as the Secretary
determines to be appropriate to prioritize the
use of available funds.
SEC. 105. INVESTMENTS OF AMOUNTS.
(a) In General.--The Secretary shall invest such portion of the
Fund as is not, in the judgment of the Secretary, required to meet
current withdrawals.
(b) Credits to Fund.--The interest on, and the proceeds from the
sale or redemption of, any obligations held in the Fund shall be
credited to, and form a part of, the Fund.
TITLE II--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
SEC. 201. INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Indian Water Rights
Settlement Completion Fund'' (referred to in this section as the
``Fund'').
(b) Deposits.--
(1) In general.--The Fund shall consist of such amounts as
are appropriated to the Fund under paragraph (2).
(2) Mandatory funding.--On October 1, 2021, and on each
October 1 thereafter through October 1, 2025, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall deposit in the Fund $400,000,000, to remain
available until September 30, 2036.
(c) Uses.--Amounts deposited in the Fund under subsection (b) shall
be used by the Secretary of the Interior to implement any Indian water
rights settlement agreement approved by Congress, including any Indian
water rights settlement agreement approved by Congress after the date
of enactment of this Act, that resolves, in whole or in part,
litigation involving the United States, if the settlement agreement or
implementing legislation requires the Bureau of Reclamation or the
Bureau of Indian Affairs to provide financial assistance for, or plan,
design, and construct--
(1) water supply infrastructure; or
(2) a project--
(A) to rehabilitate a water delivery system to
conserve water; or
(B) to restore fish and wildlife habitat or
otherwise improve environmental conditions associated
with or affected by, or located within the same river
basin as, a Federal reclamation project that is in
existence on the date of enactment of this Act.
TITLE III--MILK RIVER PROJECT
SEC. 301. DEFINITIONS.
In this title:
(1) Milk river project.--
(A) In general.--The term ``Milk River Project''
means the Bureau of Reclamation project conditionally
approved by the Secretary on March 14, 1903, pursuant
to the Act of June 17, 1902 (32 Stat. 388, chapter
1093), commencing at Lake Sherburne Reservoir and
providing water to a point approximately 6 miles east
of Nashua, Montana.
(B) Inclusions.--The term ``Milk River Project''
includes the St. Mary Unit.
(2) St. mary unit.--
(A) In general.--The term ``St. Mary Unit'' means
the St. Mary Storage Unit of the Milk River Project
authorized by Congress on March 25, 1905.
(B) Inclusions.--The term ``St. Mary Unit''
includes--
(i) Sherburne Dam and Reservoir;
(ii) Swift Current Creek Dike;
(iii) Lower St. Mary Lake;
(iv) St. Mary Canal Diversion Dam; and
(v) St. Mary Canal and appurtenances.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
SEC. 302. MILK RIVER PROJECT REHABILITATION PROJECTS.
(a) Authorization of Rehabilitation Projects.--The Secretary shall
use amounts made available under subsection (d) to carry out projects
to rehabilitate the Milk River Project, including projects--
(1) to rehabilitate or replace aging or damaged
infrastructure;
(2) to improve the efficiency of the Milk River Project;
(3) to protect fish and wildlife; and
(4) to protect municipal, agricultural, and Tribal water
supplies.
(b) Federal Share.--Notwithstanding any other provision of law and
subject to subsection (c), the Federal share of the cost of a project
carried out under subsection (a) shall be 100 percent.
(c) Voluntarily Contributions.--Notwithstanding subsection (b), a
non-Federal partner may voluntarily contribute to the costs of a
project carried out under this section.
(d) Funding.--In addition to amounts otherwise made available,
there is appropriated to the Secretary to carry out this section, out
of any amounts in the Treasury not otherwise appropriated, $200,000,000
for fiscal year 2022, to remain available until expended.
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