[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4172 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4172

  To provide for water conservation, drought operations, and drought 
   resilience at water resources development projects, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2024

Mr. Kelly (for himself, Mr. Padilla, Ms. Sinema, Mr. Heinrich, and Ms. 
Rosen) introduced the following bill; which was read twice and referred 
            to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To provide for water conservation, drought operations, and drought 
   resilience at water resources development 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.

    This Act may be cited as the ``Drought Resilient Infrastructure Act 
of 2024''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Army.

SEC. 3. WATER CONSERVATION MEASURES.

    (a) In General.--The Secretary is authorized to carry out water 
conservation measures as part of water resources development projects 
for which water supply is an authorized project purpose.
    (b) Inclusions.--Water conservation measures authorized under 
subsection (a) may include--
            (1) operational measures to enhance stormwater retention or 
        aquifer recharge, including the use of nonstructural, natural 
        features or nature-based features;
            (2) releases to augment water supply at another facility;
            (3) modifications to existing Corps of Engineers facilities 
        (including the addition of new project features and the use of 
        nonstructural, natural features or nature-based features) to 
        enhance stormwater retention, water storage, or aquifer 
        recharge; and
            (4) other actions designed to conserve limited water 
        resources.
    (c) Requirement.--The Secretary shall ensure that water 
conservation measures authorized under subsection (a) are carried out 
consistent with other authorized project purposes.
    (d) Contributed Funds.--Notwithstanding any other provision of law, 
the Secretary may receive and expend funds contributed by a non-Federal 
interest or a Federal agency to carry out measures authorized under 
subsection (a).
    (e) Effect.--
            (1) In general.--Nothing in this section--
                    (A) affects any other authority of the Secretary to 
                use amounts derived from revenues from a Bureau of 
                Reclamation project; or
                    (B) creates, impairs, alters, or supersedes a State 
                water right.
            (2) Applicable law.--In carrying out this section, the 
        Secretary shall comply with all applicable--
                    (A) State water laws;
                    (B) Federal laws and policies; and
                    (C) interstate water compacts.

SEC. 4. EMERGENCY DROUGHT OPERATIONS.

    (a) Definition of Covered Project.--In this section, the term 
``covered project'' means any of the following:
            (1) A project of the Corps of Engineers.
            (2) A project for which the Secretary develops a water 
        control manual under section 7 of the Act of December 22, 1944 
        (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 
        890, chapter 665; 33 U.S.C. 709).
    (b) Emergency Operation During Drought.--
            (1) In general.--Consistent with other authorized project 
        purposes, with respect to the operation of a covered project 
        during a drought or long-term drought conditions in the project 
        area, the covered project shall be operated with water supply 
        and water conservation as the primary project purposes.
            (2) Coordination.--The operation of a covered project in 
        accordance with paragraph (1) shall be carried out in 
        coordination with the applicable non-Federal interest or 
        Federal agency, to the extent practicable.
    (c) Updates.--In carrying out this section, the Secretary, in 
consultation with the applicable non-Federal interest or Federal 
agency, to the extent practicable, shall update the water control 
manual for a covered project to include drought operations and 
contingency plans.
    (d) Requirements.--In carrying out subsection (b), the Secretary 
shall ensure that--
            (1) operations described in that subsection--
                    (A) are consistent with water management deviations 
                and drought contingency plans in the water control 
                manual for the covered project;
                    (B) impact only the flood pool managed by the 
                Secretary; and
                    (C) are not being carried out in the event of a 
                forecast or anticipated flood or weather event that 
                would require the flood risk management mission to take 
                precedence;
            (2) to the extent practicable, the Secretary uses forecast-
        informed reservoir operations; and
            (3) the covered project returns to operation with original 
        authorized project purposes, at a time determined by the 
        Secretary.
    (e) Contributed Funds.--Notwithstanding any other provision of law, 
the Secretary may receive and expend funds contributed by a non-Federal 
interest or a Federal agency to carry out activities under this 
section.
    (f) Coordination.--The Secretary, to the maximum extent 
practicable, shall coordinate with State and local authorities and 
relevant Federal agencies in carrying out this section.
    (g) Savings Provisions.--Nothing in this section preempts or 
affects--
            (1) water rights and water supply agreements;
            (2) any State water law;
            (3) any interstate compact governing water; or
            (4) any obligation to comply with the provisions of any 
        Federal or State environmental law, including--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    (C) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).
    (h) Authorization of Appropriations.--Section 5(a) of the Act of 
August 18, 1941 (commonly known as the ``Flood Control Act of 1941'') 
(55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), is amended by adding at 
the end the following:
            ``(6) Authorization of appropriations for emergency drought 
        operations.--Of the amounts made available for each fiscal year 
        to carry out this subsection, not less than $5,000,000 for each 
        of fiscal years 2024 through 2034 shall be used to carry out 
        section 4 of the Drought Resilient Infrastructure Act of 
        2024.''.

SEC. 5. DROUGHT RESILIENCE.

    (a) In General.--The Secretary may carry out a drought resilience 
project if the Secretary determines that the project--
            (1) will provide for drought resilience, including--
                    (A) water conservation measures to mitigate and 
                address drought conditions;
                    (B) the management of sediment for increased water 
                in the system;
                    (C) the mitigation and monitoring associated with 
                aquatic or riparian non-native species that exacerbate 
                drought conditions, such as salt cedar;
                    (D) the planting of native plant species that will 
                reduce the risk of recurrence and threat associated 
                with non-native plant species; or
                    (E) other actions that increase drought resilience, 
                including the use of nonstructural, natural features or 
                nature-based features;
            (2) is in the public interest; and
            (3) is cost effective.
    (b) Cost Sharing.--
            (1) In general.--The non-Federal interest shall provide 35 
        percent of the cost of construction of a project under this 
        section.
            (2) Items provided by non-federal interests.--
                    (A) In general.--The non-Federal interest for a 
                project under this section shall provide all land, 
                easements, rights-of-way, and relocations necessary for 
                the project.
                    (B) Credit.--The value of the land, easements, 
                rights of-way, and relocations referred to in 
                subparagraph (A) shall be credited toward the non-
                Federal share of the cost of the project under 
                paragraph (1).
    (c) Agreements.--Construction of a project under this section shall 
be initiated only after the Secretary and the non-Federal interest 
enter into an agreement under which the non-Federal interest agrees to 
pay--
            (1) the non-Federal share of the cost of construction 
        required under this section; and
            (2) 100 percent of any operation, maintenance, and 
        replacement and rehabilitation costs with respect to the 
        project, in accordance with regulations prescribed by the 
        Secretary.
    (d) Cost Limitation.--Not more than $10,000,000 in Federal funds 
may be allotted under this section for a project at any single 
locality.
    (e) Technical Assistance.--As part of carrying out a project under 
this section, the Secretary may provide technical assistance to non-
Federal interests necessary to support comprehensive, system-wide 
approaches and operations, maintenance, and replacement and 
rehabilitation that take into account changing conditions from extreme 
and prolonged weather events.
    (f) Funding.--There is authorized to be appropriated to carry out 
this section $35,000,000 for each fiscal year.
    (g) Savings Provisions.--Nothing in this section preempts or 
affects--
            (1) water rights and water supply agreements;
            (2) any State water law; or
            (3) any interstate compact governing water.
    (h) Conforming Amendments.--
            (1) Section 1030(a)(1) of the Water Resources Reform and 
        Development Act of 2014 (33 U.S.C. 400(1)) is amended by adding 
        at the end the following:
                    ``(L) Section 5 of the Drought Resilient 
                Infrastructure Act of 2024.''.
            (2) Section 7001(c)(1)(D)(iii) of the Water Resources 
        Reform and Development Act of 2014 (33 U.S.C. 
        2282d(c)(1)(D)(iii)) is amended--
                    (A) in subclause (VIII), by striking ``and'' at the 
                end;
                    (B) in subclause (IX), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                                    ``(X) section 5 of the Drought 
                                Resilient Infrastructure Act of 
                                2024.''.

SEC. 6. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED WATER SUPPLY.

    Section 1118(i)(2) of the Water Resources Development Act of 2016 
(43 U.S.C. 390b-2(i)(2)) is amended--
            (1) by inserting ``or a Federal agency'' after ``non-
        Federal interest''; and
            (2) by inserting ``and to carry out any infrastructure 
        modifications required to implement the revised operational 
        documents'' after ``documents''.

SEC. 7. WATER SUPPLY PURPOSE, COLORADO RIVER BASIN STATES.

    (a) Definition of Colorado River Basin State.--In this section, the 
term ``Colorado River Basin State'' means any of the following States:
            (1) Arizona.
            (2) California.
            (3) Colorado.
            (4) Nevada.
            (5) New Mexico.
            (6) Utah.
            (7) Wyoming.
    (b) Modifications.--Each project of the Corps of Engineers in a 
Colorado River Basin State shall be modified to include water supply as 
a project purpose if a request for such a modification is made to the 
Secretary by--
            (1) the non-Federal sponsor of the project; or
            (2) in the case of a project for which there is no non-
        Federal sponsor, the Governor of the applicable Colorado River 
        Basin State.
    (c) Coordination.--The Secretary, to the maximum extent 
practicable, shall coordinate with State and local authorities in 
carrying out this section.

SEC. 8. FORECAST-INFORMED RESERVOIR OPERATIONS PILOT PROGRAM.

    Section 1222 of the America's Water Infrastructure Act of 2018 (132 
Stat. 3811; 134 Stat. 2661) is amended by adding at the end the 
following:
    ``(d) Forecast-Informed Reservoir Operations Pilot Program.--The 
Secretary shall carry out a pilot program for the use of forecast-
informed reservoir operations in the South Pacific Division of the 
Corps of Engineers--
            ``(1) with the goal of providing for drought resilience; 
        and
            ``(2) for further development and application of the 
        forecast-informed reservoir operations screening process 
        developed by the Corps of Engineers to assess the suitability 
        of performing a full forecast-informed reservoir operations 
        (commonly known as `FIRO') viability assessment and 
        prioritizing water conservation as a project purpose at 
        projects located in a Colorado River Basin State (as defined in 
        section 7(a) of the Drought Resilient Infrastructure Act of 
        2024).''.

SEC. 9. INVASIVE SPECIES THAT EXACERBATE DROUGHT.

    (a) Aquatic Ecosystem Restoration.--Section 206(a) of the Water 
Resources Development Act of 1996 (33 U.S.C. 2330(a)) is amended--
            (1) in paragraph (1)(A)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking ``and'' at the end 
                and inserting ``or''; and
                    (C) by adding at the end the following:
                    ``(iii) will provide for drought resilience; and''; 
                and
            (2) by adding at the end the following:
            ``(4) Removal and mitigation of invasive species.--A 
        project under this section may include measures to remove and 
        mitigate invasive aquatic or riparian species that exacerbate 
        drought conditions and risk of fire, including the replacement 
        of invasive species with non-invasive native species that 
        reduce the risk of regrowth of invasive species.''.
    (b) Project Modifications for Improvement of Environment.--Section 
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) 
is amended--
            (1) in subsection (c), by adding at the end the following:
            ``(3) Control of aquatic or riparian invasive species that 
        exacerbate drought conditions and the risk of fire.--The 
        Secretary may use the authority under this section for the 
        mitigation of salt cedar and replacement with native species 
        plantings.''; and
            (2) in subsection (e)--
                    (A) by striking ``(e) The Secretary'' and inserting 
                the following:
    ``(e) Coordination and Assistance.--
            ``(1) Coordination.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Technical assistance.--The Secretary may provide 
        technical assistance to a non-Federal interest managing land 
        adjacent to the water resources project being modified under 
        this section if the Secretary determines the assistance to be 
        necessary in order to extend the benefit or enable success of 
        the modification.''.

SEC. 10. SILVER JACKETS PROGRAM.

    Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is 
amended by adding at the end the following:
    ``(f) Silver Jackets Program.--There is authorized to be 
appropriated $25,000,000 for each fiscal year to carry out the Silver 
Jackets program of the Secretary established pursuant to this section 
and section 204 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5134).''.

SEC. 11. TRIBAL PARTNERSHIP PROGRAM.

    (a) Removal of Restriction.--Section 203 of the Water Resources 
Development Act of 2000 (33 U.S.C. 2269) is amended by striking 
subsection (e).
    (b) Cost-Share.--Section 203(d) of the Water Resources Development 
Act of 2000 (33 U.S.C. 2269(d)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``50 percent'' 
                and inserting ``10 percent''; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Other costs.--The costs of design and 
                construction of a project described in subparagraph (A) 
                shall be assigned to the appropriate project purposes 
                and shared as described in sections 101 and 103 of the 
                Water Resources Development Act of 1986 (33 U.S.C. 
                2211, 2213) except that--
                            ``(i) the non-Federal share shall be 10 
                        percent;
                            ``(ii) in the case of a navigation 
                        project--
                                    ``(I) section 101(a)(2) of that Act 
                                (33 U.S.C. 2211(a)(2)) shall not apply; 
                                and
                                    ``(II) the value of land, 
                                easements, rights-of-way, and 
                                relocations under subsection (a)(3) of 
                                section 101 of that Act (33 U.S.C. 
                                2211) and the costs of relocations 
                                under subsection (a)(4) of that section 
                                shall be included in the total project 
                                costs and credited toward the non-
                                Federal share under clause (i); and
                            ``(iii) in the case of a flood risk 
                        management project, section 103(a)(1)(A) of 
                        that Act (33 U.S.C. 2213(a)(1)(A)) shall not 
                        apply.''; and
            (2) in paragraph (5)(A), by striking ``25 percent'' and 
        inserting ``10 percent''.
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