[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4236 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4236

  To provide for a national water data framework, to provide for the 
   water security of the Rio Grande Basin, to reauthorize irrigation 
             infrastructure grants, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2022

Mr. Heinrich (for himself and Mr. Lujan) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for a national water data framework, to provide for the 
   water security of the Rio Grande Basin, to reauthorize irrigation 
             infrastructure grants, 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 Data and 
Security Act of 2022''.
    (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--WATER DATA

Sec. 101. Definitions.
Sec. 102. National Water Data Framework.
Sec. 103. Water Data Council.
Sec. 104. Advisory Committee on Water Information.
Sec. 105. Water data grant program.
Sec. 106. Authorization of appropriations.
                  TITLE II--RIO GRANDE WATER SECURITY

Sec. 201. Definitions.
Sec. 202. Integrated water resources management plan for the Rio Grande 
                            Basin.
Sec. 203. Rio Grande Basin Working Group.
Sec. 204. Effect of title.
                      TITLE III--PUEBLO IRRIGATION

Sec. 301. Reauthorization of Pueblo irrigation infrastructure grants.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 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).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

                          TITLE I--WATER DATA

SEC. 101. DEFINITIONS.

    In this title:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Advisory Committee on Water Information established 
        by section 104(a).
            (2) Council.--The term ``Council'' means the Water Data 
        Council established under section 103(a).
            (3) Data standards.--The term ``data standards'' means 
        standards relating to the manner in which data are to be 
        structured, populated, and encoded in machine-readable formats, 
        and made interoperable for data exchange.
            (4) Departments.--The term ``Departments'' means each of 
        the following:
                    (A) The Department of Agriculture.
                    (B) The Department of Commerce.
                    (C) The Department of Defense.
                    (D) The Department of Energy.
                    (E) The Department of Health and Human Services.
                    (F) The Department of Homeland Security.
                    (G) The Department of the Interior.
                    (H) The Environmental Protection Agency.
                    (I) The National Aeronautics and Space 
                Administration.
            (5) National water data framework.--The term ``National 
        Water Data Framework'' means the national water data framework 
        developed under section 102.
            (6) Water data.--The term ``water data'' means measurements 
        of basic properties relating to the planning and management of 
        water resources, including streamflow, precipitation, 
        groundwater, soil moisture, snow, evaporation, water quality, 
        and water use in agriculture, industry, natural systems, and 
        municipal uses.
            (7) Water data grant program.--The term ``Water Data Grant 
        Program'' means the water data grant program established under 
        section 105(a).
            (8) Water data infrastructure.--The term ``water data 
        infrastructure'' means an integrated system of information 
        technologies that includes common standards, formats, and tools 
        to make water data easy to find, access, and share online.

SEC. 102. NATIONAL WATER DATA FRAMEWORK.

    (a) In General.--For the purpose of improving water resources 
management and access across the United States, including addressing 
drought, floods, and other water management challenges, the heads of 
the Departments shall jointly develop and implement a national water 
data framework for integrating, sharing, and using water data.
    (b) Requirements.--In developing and implementing the National 
Water Data Framework, the Departments shall--
            (1) identify and prioritize key water data needed to 
        support water resources management and planning, including--
                    (A) water data sets, types, and associated 
                metadata; and
                    (B) water data infrastructure, technologies, and 
                tools;
            (2) develop and adopt common national water data standards 
        for collecting, sharing, and integrating water data, 
        infrastructure, technologies, and tools in consultation with 
        States, Indian Tribes, local governments, and relevant bodies;
            (3) ensure that Federal water data are made findable, 
        accessible, interoperable, and reusable in accordance with the 
        standards developed and adopted pursuant to this title;
            (4) integrate water data and tools through common 
        approaches to data infrastructure, platforms, models, and tool 
        development;
            (5) establish a common, national geospatial index for 
        publishing and linking water data from Federal, State, Tribal, 
        and other non-Federal sources for online discovery;
            (6) harmonize and align policies, programs, protocols, 
        budgets, and funding programs relating to water data to achieve 
        the purposes of this title to the maximum extent practicable;
            (7) participate in and coordinate water data activities 
        with the Council; and
            (8) support the adoption of new technologies and the 
        development of tools for water data collection, sharing, and 
        standardization by Federal, State, Tribal, local, and other 
        entities.

SEC. 103. WATER DATA COUNCIL.

    (a) In General.--The heads of the Departments shall establish an 
interagency Council, to be known as the ``Water Data Council'', to 
support the development and implementation of the National Water Data 
Framework.
    (b) Membership.--
            (1) Duties of secretary.--The Secretary shall--
                    (A) serve as the Chair of the Council;
                    (B) in collaboration with the Office of Science and 
                Technology Policy, convene the Council not less 
                frequently than 4 times each year; and
                    (C) provide staff support for the Council through 
                the United States Geological Survey.
            (2) Members.--Council Members shall include the heads of 
        the following entities:
                    (A) The Departments.
                    (B) Bureaus and offices of the Departments that 
                have a significant role or interest in water data, 
                including--
                            (i) the Corps of Engineers;
                            (ii) the Bureau of Indian Affairs;
                            (iii) the Bureau of Reclamation;
                            (iv) the Federal Emergency Management 
                        Agency;
                            (v) the Federal Energy Regulatory 
                        Commission;
                            (vi) the United States Fish and Wildlife 
                        Service;
                            (vii) the Indian Health Service;
                            (viii) the Forest Service;
                            (ix) the National Laboratories;
                            (x) the Natural Resources Conservation 
                        Service;
                            (xi) the National Oceanic and Atmospheric 
                        Administration;
                            (xii) the Rural Development program of the 
                        Department of Agriculture; and
                            (xiii) the United States Geological Survey.
                    (C) Offices of the Executive Office of the 
                President, including--
                            (i) the Council on Environmental Quality;
                            (ii) the Office of Management and Budget; 
                        and
                            (iii) the Office of Science and Technology 
                        Policy.
                    (D) Other Federal entities that the Chair and a 
                majority of the members of the Council described in 
                subparagraphs (A) through (C) determine to be 
                appropriate.
    (c) Duties.--The Council shall--
            (1) support the development and implementation of the 
        National Water Data Framework; and
            (2) facilitate communication and collaboration among 
        members of the Council--
                    (A) to establish, adopt, and implement common 
                national water data standards;
                    (B) to promote water data sharing and integration 
                across Federal departments and agencies, including--
                            (i) water data collection, documentation, 
                        maintenance, distribution, and preservation 
                        strategies; and
                            (ii) development and use of water data 
                        infrastructure, tools, and technologies to 
                        support water management and planning;
                    (C) to align the policies, programs, protocols, 
                budgets, and funding programs relating to water data of 
                the members of the Council; and
                    (D) to promote partnerships across Federal entities 
                and non-Federal entities--
                            (i) to advance innovation and solutions in 
                        water data, technology, tools, planning, and 
                        management; and
                            (ii) to develop guidelines for data sharing 
                        and protecting data privacy.
    (d) Water Data Council Reports.--Not later than 180 days after the 
date of enactment of this Act, and annually thereafter, in conjunction 
with the annual budget submission of the President to Congress under 
section 1105(a) of title 31, United States Code, the Secretary, acting 
on behalf of the Council, shall submit to members of the Council and 
the appropriate committees of Congress and make available publicly 
online a report that describes--
            (1) the National Water Data Framework;
            (2) the actions undertaken by the Departments to implement 
        this title pursuant to section 102;
            (3) key water data sets, types, and infrastructure needed 
        to support water management and planning;
            (4) goals, targets, and actions to carry out the National 
        Water Data Framework in the subsequent fiscal year;
            (5) a summary and evaluation of the progress of the 
        Departments in achieving any prior goals, targets, and actions 
        to carry out the National Water Data Framework;
            (6) actions needed to align policies, programs, and 
        budgetary resources to carry out the National Water Data 
        Framework in the subsequent fiscal year;
            (7) grants and assistance provided to State, Tribal, and 
        local entities toward the development and adoption of new 
        technologies and tools;
            (8) opportunities to develop and incentivize the deployment 
        of promising next-generation technologies, including new water 
        data technologies and tools, in partnership with the private 
        sector and others to accomplish the purposes of this title; and
            (9) metrics for achieving the National Water Data 
        Framework.

SEC. 104. ADVISORY COMMITTEE ON WATER INFORMATION.

    (a) Establishment.--There is established within the Department of 
the Interior an advisory committee, to be known as the ``Advisory 
Committee on Water Information'', to advise the Secretary, Departments, 
and Council on the development and implementation of the National Water 
Data Framework.
    (b) Membership.--
            (1) Composition.--The Advisory Committee shall be composed 
        of members, to be appointed by the Secretary in a manner that 
        provides for--
                    (A) balanced representation among various entities 
                involved in water-related activities; and
                    (B) consideration for a geographic balance of 
                individuals representing localities across the United 
                States.
            (2) Selection.--Members of the Advisory Committee shall be 
        selected by the Secretary from among entities involved in 
        water-related activities, including--
                    (A) States;
                    (B) Indian Tribes;
                    (C) local governments;
                    (D) Federal entities;
                    (E) water agencies, utilities, conservation 
                districts, irrigation districts, acequias, and other 
                water user associations;
                    (F) organizations that facilitate collaboration 
                across States and multi-state instrumentalities;
                    (G) educational institutions;
                    (H) professional organizations;
                    (I) water data and technology-related experts, 
                professionals, and industries;
                    (J) private sector entities; and
                    (K) nonprofit organizations.
            (3) Term.--Members of the Advisory Committee shall be 
        appointed by the Secretary for a term not to exceed 4 years.
    (c) Chair.--The Secretary shall serve as the Chair of the Advisory 
Committee.
    (d) Staff Support.--The United States Geological Survey shall 
provide support services for the Advisory Committee.
    (e) Meetings.--The Advisory Committee shall meet at the call of the 
Chair, but not less frequently than 4 times each year.
    (f) Duties.--The duties of the Advisory Committee are to advise the 
Secretary, Departments, and Council on--
            (1) the development and implementation of the National 
        Water Data Framework;
            (2) efforts to operate a cost-effective national network of 
        water data collection and analysis that meets the priority 
        water information needs of the Federal Government and, to the 
        extent practicable using available resources, the needs of the 
        non-Federal community that are tied to national interests;
            (3) efforts to develop uniform standards, guidelines, and 
        procedures for the collection, analysis, management, and 
        dissemination of water information to improve quality, 
        consistency, and accessibility nationwide; and
            (4) the effectiveness of existing water information 
        programs and recommended modifications needed to respond to 
        changes in legislation, technology, and other conditions.
    (g) Applicability of FACA.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
        the Advisory Committee.
            (2) No termination.--Section 14(a)(2) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Advisory Committee.

SEC. 105. WATER DATA GRANT PROGRAM.

    (a) In General.--The Secretary shall establish a water data grant 
program under which the Secretary shall award grants--
            (1) to support non-Federal entities in making water data 
        sets findable, accessible, interoperable, and reusable in 
        accordance with the water data standards established under this 
        title;
            (2) to advance the development of water data 
        infrastructure, tools, and technologies to facilitate the 
        sharing and use of water data;
            (3) to support programs and projects that facilitate water 
        data sharing and use in water resources management and the 
        implementation of the National Water Data Framework; and
            (4) to provide a prize for accelerating innovation and 
        developing next-generation water data tools and technologies.
    (b) Coordination With the Council.--The Secretary shall consult and 
coordinate with the Council in creating and implementing the Water Data 
Grant Program to ensure that--
            (1) the Water Data Grant Program is aligned with and 
        carries out the purposes of this title; and
            (2) grants and programs are harmonized across the 
        Departments and members of the Council to achieve the purposes 
        of this title.
    (c) Eligible Entities.--An entity eligible for a grant under the 
Water Data Grant Program--
            (1) shall demonstrate significant needs or capabilities for 
        advancing water data sharing and tools with a significant 
        public benefit; and
            (2) may include--
                    (A) a State, multistate instrumentality, Indian 
                Tribe, or other unit of local government;
                    (B) a water agency, utility, conservation district, 
                irrigation district, acequia, mutual domestic 
                association, or other entity organized pursuant to 
                Federal, Tribal, or local laws for the purpose of 
                water-related activities;
                    (C) an educational institution or nonprofit 
                organization; and
                    (D) in the case of carrying out activities 
                described in subsection (a)(4)--
                            (i) an individual who is a citizen or legal 
                        resident of the United States; or
                            (ii) an entity that is incorporated and 
                        maintains the primary place of business of the 
                        entity in the United States.
    (d) Requirements.--
            (1) Data sharing and standards.--Any project funded through 
        the Water Data Grant Program shall be implemented in accordance 
        with the water data standards established under section 102.
            (2) Use of existing water data infrastructure.--The 
        recipient of a grant shall, to the extent practicable, leverage 
        existing water data and water data infrastructure.
    (e) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, in conjunction with the annual 
budget submission of the President to Congress under section 1105(a) of 
title 31, United States Code, the Secretary shall submit to Congress a 
report that describes the implementation of the Water Data Grant 
Program, including--
            (1) a description of the use and deployment of amounts made 
        available under the Water Data Grant Program;
            (2) an accounting of all grants awarded under the Water 
        Data Grant Program, including a description of--
                    (A) each grant recipient; and
                    (B) each project funded under the Water Data Grant 
                Program;
            (3) an assessment of the success of the Water Data Grant 
        Program in advancing the purposes of this title; and
            (4) a plan for the subsequent fiscal year to achieve the 
        purposes of this title.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the Water Data Grant Program 
$25,000,000 for each of fiscal years 2023 through 2027, to remain 
available until expended.
    (g) Administrative Costs.--Of the funds authorized to be 
appropriated under subsection (f), not more than 3 percent may be used 
by the Secretary for administrative costs.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out sections 102 through 104 $15,000,000 for each of fiscal years 2023 
through 2027, to remain available until expended.

                  TITLE II--RIO GRANDE WATER SECURITY

SEC. 201. DEFINITIONS.

    In this title:
            (1) Basin plan.--The term ``Basin Plan'' means the 
        integrated water resources management plan for the Rio Grande 
        Basin developed under section 202(a).
            (2) Basin state.--The term ``Basin State'' means each of 
        the following States:
                    (A) Colorado.
                    (B) New Mexico.
                    (C) Texas.
            (3) Nature-based feature.--The term ``nature-based 
        feature'' has the meaning given the term in section 9502 of the 
        Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362).
            (4) Rio grande basin.--The term ``Rio Grande Basin'' means 
        the mainstem of the Rio Grande from the headwaters of the Rio 
        Grande in Colorado to the mouth of the Rio Grande in Texas and 
        any hydrologically connected groundwater, aquifers, and 
        tributaries, including tributaries that provide water via basin 
        transfers.
            (5) Working group.--The term ``Working Group'' means the 
        Rio Grande Basin Working Group convened under section 202(a).

SEC. 202. INTEGRATED WATER RESOURCES MANAGEMENT PLAN FOR THE RIO GRANDE 
              BASIN.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the Secretary shall convene a Federal Working 
Group, to be known as the ``Rio Grande Basin Working Group'', to 
consult and collaborate with the Basin States, Indian Tribes, units of 
local government, irrigation districts, conservation districts, 
acequias, land Grant-Mercedes, and other local partners in the Rio 
Grande Basin to develop and implement an integrated water resources 
management plan for the Rio Grande Basin using the best available 
science, data, and local knowledge.
    (b) Purpose.--The purpose of the Basin Plan is to improve--
            (1) water security and quality for communities throughout 
        the Rio Grande Basin;
            (2) river and watershed health for ecosystems, fish, and 
        wildlife in the Rio Grande Basin;
            (3) the resilience of communities and ecosystems in the Rio 
        Grande Basin to drought and hydrologic change; and
            (4) consultation, collaboration, and partnerships among 
        Federal agencies, Basin States, Indian Tribes, and local 
        partners within the Rio Grande Basin.
    (c) Requirements.--The Basin Plan shall include--
            (1) a list of recommended projects and activities to 
        achieve the purpose described in subsection (b), using the best 
        available science for current and future conditions in the Rio 
        Grande Basin, including recommendations for--
                    (A) improving infrastructure design, maintenance, 
                repair, planning, management, and operations throughout 
                the Rio Grande Basin;
                    (B) improving science, data, monitoring, and 
                collaboration to improve understanding of the Rio 
                Grande Basin, including--
                            (i) the hydrology and other processes of 
                        the Rio Grande Basin; and
                            (ii) the long-term availability of water 
                        across the Rio Grande Basin;
                    (C) increasing water conservation in the Rio Grande 
                Basin through partnerships with communities and water 
                users;
                    (D) investments in nature-based features, 
                infrastructure, and habitat improvements to improve 
                river health, resilience, water security, and hazard 
                mitigation in the Rio Grande Basin;
                    (E) updating reservoir operations authorities and 
                water control manuals; and
                    (F) improving consultation, collaboration, and 
                partnerships throughout the Rio Grande Basin to achieve 
                the objectives described in subparagraphs (A) through 
                (E);
            (2) a list of potential changes to existing Federal 
        authorities that may be needed to implement the Basin Plan; and
            (3) a timeline for implementing the Basin Plan over a 30-
        year period.
    (d) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall--
            (1) submit the Basin Plan to--
                    (A) the appropriate committees of Congress; and
                    (B) the Basin States, Indian Tribes located within 
                the Rio Grande Basin, and local partners; and
            (2) make the Basin Plan publicly available online.
    (e) Implementation.--
            (1) In general.--On submission of the Basin Plan to 
        Congress under subsection (d)(1)(A), the relevant agencies of 
        the Working Group may implement recommended projects and 
        activities from the Basin Plan to achieve the purposes of this 
        title, including--
                    (A) water conservation and restoration projects;
                    (B) streamflow and groundwater recharge 
                improvements;
                    (C) optimization of Federal project management, 
                including--
                            (i) improvements and flexibility in 
                        reservoir, irrigation, and flood control 
                        project operations; and
                            (ii) updates and amendments to particular 
                        reservoir operations authorities, contracts, 
                        and water control manuals within the Rio Grande 
                        Basin, consistent with the recommendations 
                        provided in subsection (c)(1)(E);
                    (D) studies of relevant projects and activities 
                requiring further authorization;
                    (E) the establishment of a collaborative science, 
                data, and monitoring program for the Rio Grande Basin; 
                and
                    (F) the establishment of a coordinated technical 
                assistance program to support Rio Grande Basin 
                stakeholders in accessing resources and programs to 
                achieve the purposes of this title.
            (2) Waiver.--In implementing this subsection, the relevant 
        agencies of the Working Group may waive or reduce Federal cost-
        share requirements for projects and activities that demonstrate 
        significant public benefits in accordance with the purpose 
        described in subsection (b).
    (f) Requirements.--The projects and activities implemented pursuant 
to subsection (e) shall be--
            (1) subject to required authorization and appropriation by 
        Congress;
            (2) contingent on the completion of applicable feasibility 
        studies, environmental reviews, and cost-benefit analyses that 
        include favorable recommendations for the proposed projects and 
        activities; and
            (3) implemented--
                    (A) in accordance with applicable law, including--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                            (ii) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.); and
                            (iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                    (B) in consultation with and in accordance with 
                State, Tribal, and local authorities in the Basin 
                States;
                    (C) in accordance with interstate and international 
                agreements applicable to the Rio Grande Basin; and
                    (D) in accordance with the water rights of any 
                Indian Tribe or agreements between any Indian Tribe and 
                the United States.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the heads of the agencies represented on the Working 
Group such sums as are necessary to carry out this title for each of 
fiscal years 2023 through 2052.

SEC. 203. RIO GRANDE BASIN WORKING GROUP.

    (a) Composition.--The Working Group shall be composed of the 
following members:
            (1) The Administrator of the Environmental Protection 
        Agency.
            (2) The Assistant Secretary of the Army for Civil Works.
            (3) The Chief of the Forest Service.
            (4) The Chief of the Natural Resources Conservation 
        Service.
            (5) The Commissioner of the International Boundary and 
        Water Commission.
            (6) The Commissioner of Reclamation.
            (7) The Director of any National Laboratory located in a 
        Basin State.
            (8) The Director of the Bureau of Indian Affairs.
            (9) The Director of the Bureau of Land Management.
            (10) The Director of the National Park Service.
            (11) The Director of the United States Fish and Wildlife 
        Service.
            (12) The Director of the United States Geological Survey.
            (13) The Secretary of Energy.
            (14) The Under Secretary for Rural Development.
            (15) The heads of any other relevant Federal agencies, as 
        determined to be appropriate by a majority of the members of 
        the Working Group described in paragraphs (1) through (14).
    (b) Duties.--The Working Group shall consult, collaborate, and work 
with Basin States, Indian Tribes located within the Rio Grande Basin, 
and local partners--
            (1) to develop and implement a Basin Plan; and
            (2) on submission of the Basin Plan to Congress under 
        section 202(d)(1)(A), to support ongoing collaboration across 
        the Rio Grande Basin among Federal stakeholders and non-Federal 
        stakeholders within the Rio Grande Basin.

SEC. 204. EFFECT OF TITLE.

    Nothing in this title--
            (1) affects, waives, abrogates, diminishes, defines, or 
        interprets any water right of any Indian Tribe or agreement 
        between any Indian Tribe and the United States;
            (2) affects a contract or benefit in existence on the date 
        of enactment of this Act that was executed pursuant to the 
        reclamation laws, unless otherwise agreed to by the parties to 
        the contract or benefit;
            (3) affects any interstate or international agreement 
        regarding the Rio Grande and the waters of the Rio Grande, or 
        any other interstate compact or agreement regarding water;
            (4) affects any ongoing treaty obligations; or
            (5) limits or affects any Basin State or Indian Tribe in 
        the management of water quantity or quality in accordance with 
        State or Tribal laws, as applicable.

                      TITLE III--PUEBLO IRRIGATION

SEC. 301. REAUTHORIZATION OF PUEBLO IRRIGATION INFRASTRUCTURE GRANTS.

    Section 9106(g)(2) of the Omnibus Public Land Management Act of 
2009 (Public Law 111-11; 123 Stat. 1309) is amended--
            (1) by striking ``is authorized'' and inserting ``are 
        authorized''; and
            (2) by striking ``$6,000,000'' and all that follows through 
        the period at the end and inserting ``such sums as are 
        necessary for each of fiscal years 2022 through 2032.''.
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