[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2161 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2161

    To provide financial assistance for projects to address certain 
 subsidence impacts in the State of California, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

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

_______________________________________________________________________

                                 A BILL


 
    To provide financial assistance for projects to address certain 
 subsidence impacts in the State of California, 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 ``Canal Conveyance Capacity 
Restoration Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to address severe subsidence impacts that have 
        substantially reduced the carrying capacity of the water 
        delivery system of the State; and
            (2) to provide additional water supply in the State at a 
        relatively low cost per acre-foot to increase--
                    (A) resiliency to increasingly severe droughts in 
                the State;
                    (B) groundwater recharge needed to assist in 
                meeting groundwater sustainability goals established 
                under State law; and
                    (C) the reliability of surface or groundwater 
                supplies, portions of which serve disadvantaged 
                communities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Federal pool.--The term ``Federal pool'' means each of 
        pools 13 through 21 of the San Luis Canal/California Aqueduct, 
        which are owned by the United States and operated by the 
        California Department of Water Resources under the agreement 
        entitled ``Agreement Between the United States of America and 
        the Department of Water Resources of the State of California 
        for the Construction and Operation of the Joint-Use Facilities 
        of the San Luis Unit'' and dated December 30, 1961.
            (2) Net present value of the local contribution to 
        reimbursable federal funding.--The term ``net present value of 
        the local contribution to reimbursable Federal funding'' means, 
        with respect to a project, the amount equal to the difference 
        between--
                    (A) the total amount of reimbursable Federal funds 
                made available for a project; and
                    (B) the amount of the present value, as of the date 
                of the calculation, of any interest subsidy provided 
                through the repayment terms to the Treasury over 
                similarly structured municipal bond financing available 
                to the non-Federal entity on the disbursement of the 
                reimbursable Federal funds for the project.
            (3) Non-federal pool.--The term ``non-Federal pool'' means 
        each of pools 22 through 40 of the California Aqueduct, which 
        are owned by the State and operated by the California 
        Department of Water Resources.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (5) State.--The term ``State'' means the State of 
        California.

SEC. 4. FRIANT-KERN CANAL AND DELTA-MENDOTA CANAL SUBSIDENCE MITIGATION 
              PROJECTS.

    (a) In General.--The Secretary may provide financial assistance for 
the design, planning, and construction of--
            (1) Federal facility improvements to the Friant Division, 
        Central Valley Project, California, under section 10201(a)(1) 
        of the San Joaquin River Restoration Settlement Act (Public Law 
        111-11; 123 Stat. 1365); and
            (2) a project to restore conveyance capacity at, and to 
        mitigate subsidence-related impacts on, the Delta-Mendota 
        Canal, through a partnership with--
                    (A) a public water agency that contracts for the 
                delivery of Central Valley Project water; or
                    (B) a local joint powers authority formed under 
                State law by public water agencies that contract for 
                the delivery of Central Valley Project water.
    (b) Cost-Sharing Requirement.--
            (1) Federal share.--The Federal share of the cost of 
        carrying out a project under subsection (a) shall be not more 
        than 33 percent of the total cost of the project, including 
        amounts contributed after October 1, 2018.
            (2) Form of non-federal share.--The non-Federal share of 
        the cost of carrying out a project under subsection (a) may be 
        provided in the form of cash or in-kind contributions, 
        including the net present value of the local contribution to 
        the reimbursable Federal funding for the project after October 
        1, 2018.
    (c) Required Determination by Secretary.--Federal funds shall not 
be made available under this Act for a project under subsection (a) 
unless the Secretary determines that--
            (1) there is an adequate non-Federal cost share to match 
        the total amount of federally appropriated financial assistance 
        made available for the project as of the date of the 
        determination of the Secretary; and
            (2) the project is designed in a manner--
                    (A) to satisfy the purposes described in section 2, 
                after taking into account anticipated future 
                subsidence; and
                    (B) to comply with all applicable requirements of 
                Federal and State law, including part 2.74 of division 
                6 of the California Water Code (commonly known as the 
                ``California Sustainable Groundwater Management Act'').

SEC. 5. CALIFORNIA AQUEDUCT SUBSIDENCE MITIGATION PROJECT.

    (a) In General.--The Secretary may provide financial assistance for 
the design, planning, and construction of projects to restore 
conveyance capacity at, and to mitigate subsidence-related impacts on, 
the Federal pool and non-Federal pool.
    (b) Non-Federal Partners.--To carry out this section, the Secretary 
may enter into partnerships with--
            (1) the State; or
            (2) a local joint powers authority formed under State law 
        by public water agencies that contract for delivery of water 
        from the Central Valley Project or the State Water Project.
    (c) Cost-Sharing Requirement.--
            (1) Federal share.--The Federal share of the cost of 
        carrying out a project under subsection (a) shall be not more 
        than 33 percent of the total cost of the project, including any 
        amounts expended by the State for subsidence repairs in the 
        Federal pool and non-Federal pool for the project after October 
        1, 2018.
            (2) Form of non-federal share.--The non-Federal share of 
        the cost of a project provided financial assistance under 
        subsection (a) may be in the form of cash or in-kind 
        contributions.
    (d) Required Determination by Secretary.--Federal funds shall not 
be made available under this Act for a project under subsection (a) 
unless the Secretary determines, with the concurrence of the Governor 
of the State, that--
            (1) there is an adequate non-Federal cost share to match 
        the total amount of federally appropriated financial assistance 
        made available for the project as of the date of the 
        determination of the Secretary; and
            (2) the project is designed in a manner--
                    (A) to satisfy the purposes described in section 2, 
                after taking into account anticipated future 
                subsidence; and
                    (B) to comply with all applicable requirements of 
                Federal and State law, including part 2.74 of division 
                6 of the California Water Code (commonly known as the 
                ``California Sustainable Groundwater Management Act'').

SEC. 6. PREPAYMENT OF CERTAIN WATER CONTRACTS.

    Section 4013 of the Water Infrastructure Improvements for the 
Nation 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 and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) subsections (a), (b), (c), (d), and (f) of section 
        4011, which shall expire on December 31, 2033.''.

SEC. 7. ENVIRONMENTAL COMPLIANCE.

    In carrying out a project under this Act, the Secretary shall 
comply with applicable environmental laws, including--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.); and
            (3) applicable State law.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary, as adjusted annually to reflect changes since March 2021 in 
the Bureau of Reclamation Construction Cost Trends Index applicable to 
the types of construction involved--
            (1) $180,000,000 to carry out section 4(a)(1), consistent 
        with, and in addition to funding authorized under, section 
        10203(c) of the San Joaquin River Restoration Settlement Act 
        (Public Law 111-11; 123 Stat. 1367);
            (2) $183,900,000 to carry out section 4(a)(2);
            (3) $194,000,000 to pay the Federal share for the Federal 
        pool under section 5;
            (4) $95,500,000 to pay the Federal share for the non-
        Federal pool under section 5; and
            (5) $180,000,000 to implement the Restoration Goal of the 
        settlement described in section 10004 of the San Joaquin River 
        Restoration Settlement Act (Public Law 111-11; 123 Stat. 1350), 
        in addition to the funding authorized under section 10009 of 
        that Act.
    (b) Limitations.--Amounts made available under subsection (a) may 
not be used--
            (1) to build new surface storage;
            (2) to raise existing reservoirs; or
            (3) to enlarge the carrying capacity of a canal constructed 
        by the Bureau of Reclamation, except for a temporary increase 
        in carrying capacity that is intended--
                    (A) to mitigate anticipated future subsidence; and
                    (B) to avoid an increase in carrying capacity that 
                would otherwise be required on the occurrence of 
                anticipated future subsidence.
    (c) Additional Amounts.--Amounts made available under subsection 
(a) shall be--
            (1) in addition to any other amounts made available for the 
        purposes described in that subsection; and
            (2) nonreimbursable.
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