[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2166 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2166

 To amend the Reclamation States Emergency Drought Relief Act of 1991 
and the Omnibus Public Land Management Act of 2009 to provide grants to 
    States and Indian Tribes for programs to voluntarily repurpose 
   agricultural land to reduce consumptive water use, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Reclamation States Emergency Drought Relief Act of 1991 
and the Omnibus Public Land Management Act of 2009 to provide grants to 
    States and Indian Tribes for programs to voluntarily repurpose 
   agricultural land to reduce consumptive water use, 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 ``Voluntary Agricultural Land 
Repurposing Act of 2023''.

SEC. 2. GRANTS TO STATES AND INDIAN TRIBES FOR MULTIBENEFIT PROGRAMS TO 
              VOLUNTARILY REPURPOSE AGRICULTURAL LAND TO REDUCE 
              CONSUMPTIVE WATER USE.

    (a) Authorization of Grants.--
            (1) In general.--Section 101 of the Reclamation States 
        Emergency Drought Relief Act of 1991 (43 U.S.C. 2211) is 
        amended--
                    (A) by redesignating subsections (b) through (d) as 
                subsections (c) through (e), respectively; and
                    (B) by inserting after subsection (a) the 
                following:
    ``(b) Grants to States and Indian Tribes for Multibenefit Programs 
To Voluntarily Repurpose Agricultural Land.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Basin-scale.--The term `basin-scale' means an 
                eligible landscape area or sub-basin that--
                            ``(i) includes multiple water users; or
                            ``(ii) aligns with the boundaries of a 
                        State, Tribal, regional, or local land or water 
                        management agency.
                    ``(B) Covered program.--The term `covered program' 
                means an existing program of an eligible entity or a 
                pilot program proposed to be carried out by an eligible 
                entity, the purpose of which is to voluntarily 
                repurpose or provide for the transition of, over a 
                period of years, irrigated agricultural land to reduce 
                consumptive water use, while providing community 
                health, economic well-being, water supply, habitat, and 
                climate benefits.
                    ``(C) Eligible entity.--The term `eligible entity' 
                means--
                            ``(i) a State (including a designated State 
                        agency); or
                            ``(ii) a Tribal government.
            ``(2) Authorization of grants.--The Secretary shall carry 
        out a program under which the Secretary shall provide 
        competitive matching grants to eligible entities, in accordance 
        with this subsection, to carry out covered programs.
            ``(3) Eligible programs.--To be eligible for a grant under 
        paragraph (2), a covered program shall--
                    ``(A) be basin-scale;
                    ``(B) reduce consumptive water use;
                    ``(C) repurpose or transition irrigated 
                agricultural land for not less than 10 years; and
                    ``(D) provide, for not less than 10 years, 1 or 
                more other measurable benefits to the environment or 
                community in which the program is being carried out, 
                including--
                            ``(i) restoring upland habitat;
                            ``(ii) restoring riparian habitat;
                            ``(iii) creating pollinator habitat;
                            ``(iv) restoring flood plains connection to 
                        stream or river channels;
                            ``(v) creating dedicated multibenefit 
                        recharge areas;
                            ``(vi) dry-land farming or planting non-
                        irrigated or water-saving cover crops;
                            ``(vii) switching from irrigated 
                        agriculture to non-irrigated rangeland;
                            ``(viii) creating park or community 
                        recreation areas;
                            ``(ix) acquiring a conservation easement on 
                        land taken out of irrigated agricultural 
                        production to permanently protect a new use of 
                        the land;
                            ``(x) facilitation of renewable energy 
                        projects that have an overall greenhouse gas 
                        reduction; and
                            ``(xi) reestablishment of Tribal land uses.
            ``(4) Application.--To be eligible for a grant under 
        paragraph (2), an eligible entity shall submit to the Secretary 
        an application in such form, at such time, and containing such 
        information as the Secretary may require, including a 
        description of the manner in which the eligible entity would 
        use the grant funds to carry out projects under the covered 
        program that reduce consumptive water use by converting 
        irrigated agricultural land to a new use that--
                    ``(A) reduces groundwater withdrawals or 
                consumptive water use for not less than 10 years; and
                    ``(B) provides other measurable benefits to the 
                environment or communities in which the covered program 
                is being carried out.
            ``(5) Priority.--In providing grants under paragraph (2), 
        the Secretary shall give priority to covered programs that--
                    ``(A) provide direct benefits to disadvantaged 
                communities; or
                    ``(B) were developed through a multi-stakeholder 
                planning process.
            ``(6) Voluntary conservation agreements.--
                    ``(A) In general.--Subject to subparagraph (C), the 
                Secretary (acting through the Director of the United 
                States Fish and Wildlife Service) or the Secretary of 
                Commerce (acting through the Director of the National 
                Marine Fisheries Service), as applicable, shall seek to 
                enter into voluntary conservation agreements, with the 
                individuals and entities described in subparagraph (B), 
                under which the individuals and entities entering into 
                the agreements would carry out on formerly irrigated 
                agricultural land converted under a covered program 
                carried out under this subsection or on associated 
                aquatic resources actions that contribute to the 
                recovery of species listed as endangered or threatened 
                under the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).
                    ``(B) Entities and individuals described.--The 
                individuals and entities referred to in subparagraph 
                (A) are the following:
                            ``(i) Eligible entities provided grants to 
                        carry out a covered program under paragraph 
                        (2).
                            ``(ii) Owners of irrigated agricultural 
                        land converted under a covered program carried 
                        out under this subsection.
                            ``(iii) Owners of land adjacent to 
                        irrigated agricultural land converted under a 
                        covered program carried out under this 
                        subsection.
            ``(7) Annual report to congress.--Annually, the Secretary 
        shall submit to the appropriate committees of Congress a report 
        that describes the status of covered programs for which grant 
        funds have been provided under this subsection during the 
        period covered by the report, including a description of--
                    ``(A) the achievements and effectiveness of each 
                covered program with respect to reducing groundwater 
                withdrawals and reducing consumptive water use;
                    ``(B) the quantity of groundwater or surface water 
                that was conserved; and
                    ``(C) the community agricultural sustainability or 
                environmental benefits that were achieved under each 
                covered program.
            ``(8) Authorization of appropriations.--
                    ``(A) In general.--There is authorized to be 
                appropriated to carry out this subsection $250,000,000 
                for the period of fiscal years 2024 through 2028.
                    ``(B) Reservation of funds.--Of the amounts made 
                available for a fiscal year under subparagraph (A), 50 
                percent shall be used--
                            ``(i) to provide grants for covered 
                        programs that are pilot programs; or
                            ``(ii) if no applications for grants for a 
                        pilot program for the applicable fiscal year 
                        are submitted, to provide grants to eligible 
                        covered programs that are existing programs.''.
            (2) Conforming amendments.--
                    (A) Section 102(c) of the Reclamation States 
                Emergency Drought Relief Act of 1991 (43 U.S.C. 2212) 
                is amended, in the first sentence of the matter 
                preceding paragraph (1), by striking ``section 101(c)'' 
                and inserting ``section 101(d)''.
                    (B) Section 301 of the Reclamation States Emergency 
                Drought Relief Act of 1991 (43 U.S.C. 2241) is amended 
                by striking ``section 303 of this Act'' and inserting 
                ``section 101(b)(7)(A) or 303''.
    (b) Applicable Period of Drought Program.--Section 104 of the 
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 
2214) is amended by striking subsection (a) and inserting the 
following:
    ``(a) In General.--The programs and authorities established under 
this title shall only become operative in a Reclamation State or in the 
State of Hawaii if--
            ``(1)(A) the Governor of the affected State, or the 
        governing body of the affected Indian Tribe with respect to a 
        reservation, has made a request for temporary drought 
        assistance; and
            ``(B) the Secretary has determined that the temporary 
        assistance is merited;
            ``(2) a drought emergency has been declared by the Governor 
        of the affected State;
            ``(3) a drought contingency plan has been approved in 
        accordance with title II;
            ``(4) for purposes of subsection (b) of section 101, the 
        affected State has implemented a covered program under that 
        subsection; or
            ``(5) in the case of a Colorado River Basin State, by 
        operation of the Colorado River Basin Drought Contingency Plan 
        executed in accordance with the Colorado River Drought 
        Contingency Plan Authorization Act (Public Law 116-14; 133 
        Stat. 850).''.

SEC. 3. GRANTS TO SUPPORT AGRICULTURAL SUSTAINABILITY TO REDUCE 
              RELIANCE ON GROUNDWATER AND REDUCE CONSUMPTIVE WATER USE.

    Section 9504(a) of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10364(a)) is amended--
            (1) in paragraph (1)(J)--
                    (A) in clause (ii), by striking ``or'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iv) to reduce groundwater withdrawals 
                        and otherwise reduce consumptive water use to 
                        respond to drought.'';
            (2) in paragraph (2)(B)--
                    (A) in clause (i), by striking ``and'' at the end;
                    (B) in clause (ii)(II), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) for a project to carry out on an 
                        activity described in paragraph (1)(J)(iv)--
                                    ``(I) a proposal to repurpose 
                                irrigated agricultural land for not 
                                less than 10 years to reduce 
                                consumptive water use, while providing 
                                community health, economic well-being, 
                                water supply, habitat, and climate 
                                resilience benefits, including--
                                            ``(aa) restoring upland 
                                        habitat;
                                            ``(bb) restoring riparian 
                                        habitat;
                                            ``(cc) creating pollinator 
                                        habitat;
                                            ``(dd) restoring the 
                                        connection of floodplains to 
                                        stream or river channels;
                                            ``(ee) creating dedicated 
                                        multi-benefit recharge areas;
                                            ``(ff) dry-land farming or 
                                        planting nonirrigated cover 
                                        crops;
                                            ``(gg) switching from 
                                        irrigated agriculture to 
                                        nonirrigated rangeland;
                                            ``(hh) creating park or 
                                        community recreation areas;
                                            ``(ii) acquiring a 
                                        conservation easement on land 
                                        taken out of irrigated 
                                        agricultural production to 
                                        permanently protect any of the 
                                        new uses;
                                            ``(jj) facilitation of 
                                        renewable energy projects that 
                                        have an overall greenhouse gas 
                                        reduction; and
                                            ``(kk) reestablishment of 
                                        Tribal land uses; and
                                    ``(II) a demonstration of the 
                                manner in which the proposed activity 
                                would--
                                            ``(aa) reduce groundwater 
                                        withdrawals or consumptive 
                                        water use for not less than 10 
                                        years; and
                                            ``(bb) provide other 
                                        measurable benefits to the 
                                        environment or disadvantaged 
                                        communities.''; and
            (3) in paragraph (4)--
                    (A) by striking ``In providing'' and inserting the 
                following:
                    ``(A) In general.--In providing''; and
                    (B) by adding at the end the following:
                    ``(B) Grants to repurpose agricultural land.--For 
                purposes of evaluating applications for grants 
                described in paragraph (2)(B)(iii), the Secretary shall 
                give priority to applications for proposals that 
                provide direct benefits to disadvantaged 
                communities.''.
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