[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5014 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 5014

To provide for the establishment of a Water Project Navigators Program, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2024

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

_______________________________________________________________________

                                 A BILL


 
To provide for the establishment of a Water Project Navigators Program, 
                        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 ``Water Project Navigators Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Disadvantaged community.--Except as otherwise defined 
        by the Secretary of the Interior (acting through the 
        Commissioner of Reclamation) based on current methodologies, 
        the term ``disadvantaged community'' means a community 
        (including a city, town, county, or reasonably isolated and 
        divisible segment of a larger municipality) with an annual 
        median income that is less than the statewide annual median 
        income for the State in which the community is located, 
        according to the most recent decennial census.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, Indian Tribe, acequia, land grant-
                merced, local government, water supplier, or municipal 
                water district located in an eligible State;
                    (B) any State, regional, or local authority located 
                in an eligible State, the members of which include 1 or 
                more organizations with water or power delivery 
                authority;
                    (C) a nonprofit conservation organization located 
                in an eligible State;
                    (D) an agency located in an eligible State that is 
                established under State or Tribal law for the joint 
                exercise of powers; or
                    (E) a combination of entities described in 
                subparagraphs (A) through (D).
            (3) Eligible state.--The term ``eligible State'' means--
                    (A) a State or territory described in the first 
                section of the Act of June 17, 1902 (43 U.S.C. 391; 32 
                Stat. 388, chapter 1093);
                    (B) the State of Alaska;
                    (C) the State of Hawaii; and
                    (D) the Commonwealth of Puerto Rico.
            (4) 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).
            (5) Multi-benefit water project.--The term ``multi-benefit 
        water project'' means any project in an eligible State that--
                    (A) enhances the overall resilience of water 
                supplies to climate-related impacts, including through 
                activities--
                            (i) to increase water use efficiency;
                            (ii) to reduce consumptive use of water;
                            (iii) to promote system conservation;
                            (iv) to reduce water supply-demand 
                        imbalances;
                            (v) to promote water recycling and other 
                        advanced water treatments to augment water 
                        supplies;
                            (vi) to improve management or delivery of 
                        water resources; or
                            (vii) to encourage sustainable surface 
                        water or groundwater management; and
                    (B) provides benefits to communities and 
                ecosystems, including through activities--
                            (i) to conserve or enhance fish and 
                        wildlife habitat;
                            (ii) to improve water quality;
                            (iii) to improve watershed health and 
                        function;
                            (iv) to enhance recreational opportunities;
                            (v) to promote rural economic development; 
                        or
                            (vi) to address risks to communities and 
                        infrastructure from climate change.
            (6) Natural feature.--The term ``natural feature'' means a 
        feature that is created through the action of physical, 
        geological, biological, and chemical processes over time.
            (7) Nature-based feature.--The term ``nature-based 
        feature'' means a feature that is created by human design, 
        engineering, and construction to provide a means to reduce 
        water supply and demand imbalances or drought or flood risk by 
        acting in concert with natural processes.
            (8) Program.--The term ``Program'' means the Water Project 
        Navigators Program established under section 3(a).

SEC. 3. WATER PROJECT NAVIGATORS PROGRAM.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of the Interior (acting through 
the Commissioner of Reclamation) (referred to in this Act as the 
``Secretary'') shall establish a program to support the development and 
implementation of multi-benefit water projects within eligible States, 
to be known as the ``Water Project Navigators Program''.
    (b) Authority.--In carrying out the Program, the Secretary may 
award grants or cooperative agreements to eligible entities to support 
the creation or continuation of multi-benefit water project navigator 
positions.
    (c) Criteria and Guidelines.--
            (1) In general.--The Secretary shall develop criteria and 
        guidelines for awarding grants and cooperative agreements under 
        the Program that consider--
                    (A) the potential of the eligible entity to 
                accelerate development and implementation of multi-
                benefit water projects within--
                            (i) the jurisdiction or service area of the 
                        eligible entity; or
                            (ii) in the case of an eligible entity that 
                        is a nongovernmental applicant, an area in 
                        which the eligible entity has a demonstrated 
                        history of productive engagement with the 
                        community and stakeholders;
                    (B) any history of development of multi-benefit 
                water projects by the eligible entity; and
                    (C) any potential multi-benefit water projects the 
                eligible entity has not yet implemented due to lack of 
                capacity.
            (2) Prioritization.--The criteria and guidelines developed 
        under paragraph (1) shall include prioritization criteria for 
        awarding grants or cooperative agreements, which shall include 
        prioritizing applications from eligible entities--
                    (A) that would provide benefits for Indian Tribes, 
                disadvantaged communities, and other eligible entities 
                with limited project development resources and 
                capacity;
                    (B) that would provide support for local job 
                creation and retention;
                    (C) with a demonstrated intent and ability to 
                incorporate improvements to the condition of a natural 
                feature or nature-based feature in multi-benefit water 
                projects designed under the Program;
                    (D) with demonstrated support from multiple 
                stakeholders, including Indian Tribes, representatives 
                of irrigated agricultural production, hydroelectric 
                production, municipal and industrial water users, local 
                governments, community-based organizations, and 
                nonprofit conservation organizations;
                    (E) that would provide benefits for areas 
                experiencing severe long-term drought; and
                    (F) with the capability to work in coordination 
                with other projects that have been funded under, or 
                help advance the objectives of, other Department of 
                Interior programs, including a program authorized 
                under--
                            (i) section 9504 of the Omnibus Public Land 
                        Management Act of 2009 (42 U.S.C. 10364);
                            (ii) section 6002 of the Omnibus Public 
                        Land Management Act of 2009 (16 U.S.C. 1015a);
                            (iii) section 1109 of the Consolidated 
                        Appropriations Act, 2021 (33 U.S.C. 2330c);
                            (iv) title IX of division D of the 
                        Infrastructure Investment and Jobs Act (43 
                        U.S.C. 3201 et seq.); or
                            (v) section 50233 of Public Law 117-169 
                        (commonly known as the ``Inflation Reduction 
                        Act of 2022'') (136 Stat. 2053).
            (3) Public comment.--Before finalizing the criteria and 
        guidelines developed under paragraph (1), the Secretary shall 
        make the criteria and guidelines available for public comment.
            (4) Prohibition.--The Secretary may not award a grant or 
        cooperative agreement under the Program that would fund 
        activities to meet existing environmental mitigation or 
        compliance obligations under Federal or State law.
    (d) Duties of Navigators.--A multi-benefit water project navigator 
funded under the Program shall assist the eligible entity in planning, 
developing, and implementing multi-benefit water projects, including--
            (1) grant writing;
            (2) project management;
            (3) technical assistance, such as feasibility, design, 
        preliminary environmental review, and engineering; and
            (4) any other necessary activities.
    (e) Duration of Grants and Cooperative Agreements.--
            (1) Limitation.--Subject to paragraph (2), a grant or 
        cooperative agreement under the Program shall be limited to a 
        period of not more than 3 years.
            (2) Continuation and extension.--At the discretion of the 
        Secretary, the Secretary may issue a continuation grant or 
        extend a cooperative agreement awarded under the Program for 
        not more than 2 additional years, with additional funding to be 
        awarded, as determined to be appropriate by the Secretary, if 
        the recipient of the grant or cooperative agreement has 
        demonstrated satisfactory performance with implementation of 
        the proposal under the initial grant or cooperative agreement, 
        as determined by the Secretary.
    (f) Continuous Enrollment.--The Secretary shall--
            (1) make funding opportunities for the Program available on 
        a regular basis; and
            (2) allow applications for grants or cooperative agreements 
        under the Program to be submitted and evaluated multiple times 
        per year.
    (g) Cost Share.--
            (1) In general.--Except as provided in paragraph (3), the 
        Federal share of the cost of any activity awarded a grant or 
        cooperative agreement under the Program shall not exceed 75 
        percent of the cost of the activity carried out under the grant 
        or cooperative agreement.
            (2) Form of non-federal cost share.--The non-Federal share 
        of the cost of an activity awarded a grant or cooperative 
        agreement under the Program may be in the form of cash or in-
        kind contributions.
            (3) Reduction; waiver.--With respect to a grant or 
        cooperative agreement awarded to an Indian Tribe, acequia, land 
        grant-merced, disadvantaged community, or any other eligible 
        entity working in partnership with or on behalf of those 
        entities, the Secretary may reduce or waive the non-Federal 
        share of the cost of any activity that is the subject of the 
        grant or cooperative agreement if the reduction or waiver would 
        further a compelling Federal interest, as determined by the 
        Secretary.
    (h) Coordination.--In administering the Program, the Secretary 
shall coordinate with other Federal, Tribal, State, and local 
government technical assistance programs to enhance multi-benefit water 
project development.
    (i) Compliance.--A multi-benefit water project navigator funded 
under the Program shall comply with all applicable Federal and State 
laws in carrying out the duties of the multi-benefit water project 
navigator under the Program.
    (j) Report to Congress.--Not later than 5 years after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives a report that describes--
            (1) the ways in which the Program assists the Secretary 
        in--
                    (A) reducing basin-wide water supply-demand 
                imbalances; and
                    (B) enhancing drought and ecosystem resilience; and
            (2) the benefits that the Program provides, including, to 
        the maximum extent practicable, a quantitative analysis of the 
        multiple benefits advanced under the Program.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$15,000,000 for each of fiscal years 2024 through 2029, to remain 
available until expended.
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