[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2102 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2102

     To provide for drought preparedness and improved water supply 
                              reliability.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2023

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

_______________________________________________________________________

                                 A BILL


 
     To provide for drought preparedness and improved water supply 
                              reliability.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water for 
Conservation and Farming Act''.
    (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--INFRASTRUCTURE DEVELOPMENT

Sec. 101. Bureau of Reclamation Infrastructure Fund.
Sec. 102. Watersmart extension and expansion.
             TITLE II--ECOSYSTEM PROTECTION AND RESTORATION

Sec. 201. Waterbird and shorebird habitat creation program.
Sec. 202. Sustaining biodiversity during droughts.
Sec. 203. Reauthorization of Cooperative Watershed Management Program.
Sec. 204. Drought planning and preparedness for critically important 
                            fisheries.
Sec. 205. Reauthorization of the Fisheries Restoration and Irrigation 
                            Mitigation Act of 2000.
Sec. 206. Reauthorization of reclamation climate change and water 
                            program.
Sec. 207. Reauthorization of Deschutes River Conservancy Working Group.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the Bureau of 
        Reclamation Infrastructure Fund established by section 101(a).
            (2) Reclamation state.--The term ``Reclamation State'' has 
        the meaning given the term in section 4014 of the Water 
        Infrastructure Improvements for the Nation Act (43 U.S.C. 390b 
        note; Public Law 114-322).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

                  TITLE I--INFRASTRUCTURE DEVELOPMENT

SEC. 101. BUREAU OF RECLAMATION INFRASTRUCTURE FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Bureau of Reclamation 
Infrastructure Fund'', consisting of--
            (1) such amounts as are deposited in the Fund under 
        subsection (b)(1); 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 2035 through 
        2065, the Secretary of the Treasury shall deposit in the Fund 
        $300,000,000 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) $100,000,000 shall be expended by the Secretary 
                for water reclamation and reuse projects authorized 
                under--
                            (i) the Reclamation Wastewater and 
                        Groundwater Study and Facilities Act (43 U.S.C. 
                        390h et seq.); or
                            (ii) section 4(a)(2) of the Water 
                        Desalination Act of 1996 (42 U.S.C. 10301 note; 
                        Public Law 104-298);
                    (B) $100,000,000 shall be expended by the Secretary 
                for grants authorized under section 9504 of the Omnibus 
                Public Land Management Act of 2009 (42 U.S.C. 10364); 
                and
                    (C) $100,000,000 shall be expended by the Secretary 
                to perform modifications to preserve the structural 
                safety of Bureau of Reclamation dams and related 
                facilities to ensure that Bureau of Reclamation 
                facilities do not present unreasonable risks to public 
                safety, property, or the environment, if the 
                expenditures--
                            (i) account for not more than 85 percent of 
                        the total costs for any dam safety project; and
                            (ii) are made in accordance with section 3 
                        of the Reclamation Safety of Dams Act of 1978 
                        (43 U.S.C. 507).
            (2) Availability of amounts.--Amounts deposited in the Fund 
        under paragraph (1) shall--
                    (A) be made available in accordance with this 
                section, without further appropriation; and
                    (B) be in addition to amounts appropriated for the 
                purposes described in this section under any other 
                provision of law.
    (c) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), for each of 
        fiscal years 2035 through 2065, the 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 for the 
                applicable fiscal year under subsection (b)(1); 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 paragraph 
                (1) 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 paragraph (1) in 1 or 
                more prior fiscal years.
                    (B) Retention in accounts.--Any additional amounts 
                referred to in subparagraph (A) 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. 102. WATERSMART EXTENSION AND EXPANSION.

    (a) Water Management Improvement.--Section 9504(a) of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (F), by inserting ``, including 
                through temporary, voluntary, and compensated 
                transactions that decrease consumptive water use at a 
                regional or watershed scale'' after ``imbalances''; and
                    (B) in subparagraph (J), by striking clause (i) and 
                inserting the following:
                            ``(i) to increase ecological resilience to 
                        climate change by addressing climate-related 
                        impacts to, or vulnerabilities of, the water 
                        supply of the United States, including by 
                        enhancing natural water storage within a 
                        floodplain or riparian wetland;''; and
            (2) in paragraph (3)(B)(i), by striking subclause (II) and 
        inserting the following:
                                    ``(II) to use the assistance 
                                provided under a grant or agreement to 
                                increase the consumptive use of water 
                                for agricultural operations above the 
                                pre-project levels, as determined 
                                pursuant to the law of the State in 
                                which the operation of the eligible 
                                applicant is located.''.
    (b) Authorization of Appropriations.--Section 9504(e) of the 
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is 
amended by striking ``$820,000,000'' and inserting ``$1,000,000,000''.

             TITLE II--ECOSYSTEM PROTECTION AND RESTORATION

SEC. 201. WATERBIRD AND SHOREBIRD HABITAT CREATION PROGRAM.

    (a) Authorization of Habitat Creation Program.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Secretary shall establish a program under which the Secretary 
        shall provide financial assistance to eligible agricultural 
        producers in Reclamation States, in the form of direct payments 
        or credits, as applicable, to compensate the eligible 
        agricultural producers for the creation and maintenance of 
        waterbird and shorebird habitats.
            (2) Limitation on amount of financial assistance.--Not more 
        than a total of $3,500,000 of financial assistance may be 
        provided for each fiscal year under paragraph (1).
            (3) Conditions.--Financial assistance shall be provided 
        under paragraph (1) only if the Secretary determines that the 
        activities receiving the financial assistance would--
                    (A) create new habitat that would not otherwise be 
                created; or
                    (B) maintain existing habitat that would not 
                otherwise be maintained.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $3,500,000 to carry out this section for 
each of fiscal years 2024 through 2029, to remain available until 
expended.
    (c) Report.--Not later than October 1, 2025, and every 2 years 
thereafter, the Secretary shall submit to Congress a report that 
describes the environmental performance of activities that are 
receiving, or have received, financial assistance under the program 
established under subsection (a)(1) during the period covered by the 
report.

SEC. 202. SUSTAINING BIODIVERSITY DURING DROUGHTS.

    Section 9503(b) of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10363(b)) is amended--
            (1) in paragraph (3)(D), by inserting ``and native 
        biodiversity'' after ``wildlife habitat''; and
            (2) in paragraph (4)(B), by inserting ``and drought 
        biodiversity plans to address sustaining native biodiversity 
        during periods of drought'' after ``restoration plans''.

SEC. 203. REAUTHORIZATION OF COOPERATIVE WATERSHED MANAGEMENT PROGRAM.

    Section 6002(g) of the Omnibus Public Land Management Act of 2009 
(16 U.S.C. 1015a(g)) is amended by striking paragraph (4) and inserting 
the following:
            ``(4) $40,000,000 for each of fiscal years 2024 through 
        2031.''.

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

    (a) Definitions.--In this section:
            (1) Critically important fishery.--The term ``critically 
        important fishery'' means--
                    (A) a fishery located in a Reclamation State that 
                is commercially, culturally, or recreationally 
                important;
                    (B) a fishery located in a Reclamation State that 
                contains fish species that are listed as threatened or 
                endangered pursuant to the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.); and
                    (C) a fishery located in a Reclamation State that 
                is used by 1 or more Indian Tribes in the Reclamation 
                State for ceremonial subsistence or commercial 
                purposes.
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (3) Qualified tribal government.--The term ``qualified 
        Tribal Government'' means any government of an Indian Tribe 
        that the Secretary determines--
                    (A) is involved in fishery management and recovery 
                activities, including activities under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.); and
                    (B) has the management and organizational 
                capability to maximize the benefits of assistance 
                provided under subsection (c).
            (4) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Director of the United States Fish and 
        Wildlife Service.
    (b) Drought Plan for Critically Important Fisheries.--
            (1) In general.--Not later than January 1, 2024, and every 
        3 years thereafter, the Secretary, in consultation with the 
        Director of the National Marine Fisheries Service, the 
        Commissioner of Reclamation, the Chief of Engineers, applicable 
        State fish and wildlife agencies, and qualified Tribal 
        Governments, shall prepare a plan to sustain the survival of 
        critically important fisheries during future periods of 
        extended drought through--
                    (A) voluntary, compensated actions by private 
                landowners and water right holders; or
                    (B) other investments in drought preparedness made 
                by the Secretary.
            (2) Considerations.--In preparing the plan under paragraph 
        (1), the Secretary shall consider--
                    (A) habitat restoration efforts designed to provide 
                drought refugia and increased fishery resilience during 
                droughts;
                    (B) relocating the release location and timing of 
                hatchery fish to avoid predation and temperature 
                impacts;
                    (C) barging of hatchery release fish to improve 
                survival and reduce straying;
                    (D) coordination with water users, the Commissioner 
                of Reclamation, State fish and wildlife agencies, 
                qualified Tribal Governments, and interested public 
                water agencies regarding voluntary water transfers, 
                including through groundwater substitution activities, 
                to determine if water releases can be collaboratively 
                managed in a way that provides additional benefits for 
                critically important fisheries without negatively 
                impacting wildlife habitat;
                    (E) hatchery management modifications, such as 
                expanding hatchery production of fish during periods of 
                extended drought, if appropriate for a particular river 
                basin;
                    (F) hatchery retrofit projects, such as the 
                installation and operation of filtration equipment and 
                chillers, to reduce disease outbreak, egg mortality, 
                and other impacts of droughts in high water 
                temperatures;
                    (G) increasing rescue operations of upstream 
                migrating fish;
                    (H) improving temperature modeling and related 
                forecasted information to predict water management 
                impacts to the habitat of critically important 
                fisheries with a higher degree of accuracy than current 
                models;
                    (I) programs to reduce predation losses at 
                artificially created predation hot spots;
                    (J) habitat restoration efforts designed to provide 
                drought refugia and increased fisheries resilience 
                during droughts; and
                    (K) retrofitting existing water facilities to 
                provide improved temperature conditions for fish.
    (c) Public Comment.--Before finalizing a plan under subsection (b), 
the Secretary shall provide for a public comment period of not less 
than 90 days.
    (d) Authorization of Appropriations for Fish Recovery Efforts.--
There is authorized to be appropriated to the Secretary to carry out 
fish, stream, and hatchery activities relating to fish recovery 
efforts, including activities carried out in coordination with the 
Director of the National Marine Fisheries Service, the Commissioner of 
Reclamation, the Chief of Engineers, applicable State fish and wildlife 
agencies, or a qualified Tribal Government, $25,000,000 for fiscal year 
2024.
    (e) Effect.--Nothing in this section affects any obligation under 
any Federal environmental law.

SEC. 205. REAUTHORIZATION OF THE FISHERIES RESTORATION AND IRRIGATION 
              MITIGATION ACT OF 2000.

    (a) Definition of Pacific Drainage Area.--Section 2(1) of the 
Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 
777 note; Public Law 106-502) is amended by inserting ``or a terminal 
lake'' before the period at the end.
    (b) Authorization of Appropriations.--Section 10(a) of the 
Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 
777 note; Public Law 106-502) is amended by striking ``$15 million 
through 2021'' and inserting ``$25,000,000 for each of fiscal years 
2024 through 2029''.

SEC. 206. REAUTHORIZATION OF RECLAMATION CLIMATE CHANGE AND WATER 
              PROGRAM.

    Section 9503(f) of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10363(f)) is amended by striking ``2023'' and inserting 
``2033''.

SEC. 207. REAUTHORIZATION OF DESCHUTES RIVER CONSERVANCY WORKING GROUP.

    (a) Definition of Working Group.--Section 301(a) of the Oregon 
Resource Conservation Act of 1996 (Public Law 104-208; 110 Stat. 3009-
534; 122 Stat. 836) is amended by striking paragraph (1) and inserting 
the following:
            ``(1) Working group.--The term `Working Group' means the 
        Deschutes River Conservancy Working Group composed of a board 
        of directors of not fewer than 10, but not more than 15, 
        members nominated by the group represented by the member, of 
        whom--
                    ``(A) 2 members shall be representatives of the 
                environmental community in the Deschutes River Basin;
                    ``(B) 2 members shall be representatives of the 
                irrigated agriculture community in the Deschutes River 
                Basin;
                    ``(C) 2 members shall be representatives of the 
                Confederated Tribes of the Warm Springs Reservation of 
                Oregon;
                    ``(D) 1 member shall be a representative of the 
                hydroelectric production community in the Deschutes 
                River Basin;
                    ``(E) 1 member shall be a representative of 1 of 
                the Federal agencies with authority and responsibility 
                in the Deschutes River Basin;
                    ``(F) 1 member shall be a representative of an 
                agency of the State of Oregon with authority and 
                responsibility in the Deschutes River Basin, such as--
                            ``(i) the Oregon Department of Fish and 
                        Wildlife; or
                            ``(ii) the Oregon Water Resources 
                        Department; and
                    ``(G) 1 member shall be a representative of a unit 
                of local government in the Deschutes River Basin.''.
    (b) Reauthorization; Administrative Costs.--Section 301 of the 
Oregon Resource Conservation Act of 1996 (Public Law 104-208; 110 Stat. 
3009-534; 122 Stat. 836) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (3), by striking ``2016'' and 
                inserting ``2032''; and
                    (B) in paragraph (6), by striking ``5 percent'' and 
                inserting ``10 percent''; and
            (2) in subsection (h), by striking ``2016'' and inserting 
        ``2032''.
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