Omnibus Public Land Management Act of 2009
Public Law 111–11, as amended
Omnibus Public Land Management Act of 2009
11
118–174
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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11597
111
2009-03-30
Omnibus Public Land Management Act of 2009
[(Public Law 111–11)]
[As Amended Through P.L. 118–174, Enacted December 23, 2024]
[Currency: This publication is a compilation of the text of Public Law 111–11. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To designate certain land as components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
* * * * * * *
TITLE I—

ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
* * * * * * *
Subtitle C—

Mt. Hood Wilderness, Oregon
* * * * * * *
SEC. 1206.

LAND EXCHANGES.
(a)

Cooper Spur-Government Camp Land Exchange.—
(1)

Definitions.—
In this subsection:
(A)

County.—
The term “County” means Hood River County, Oregon.
(B)

Exchange map.—
The term “exchange map” means the map entitled “Cooper Spur/Government Camp Land Exchange”, dated June 2006.
(C)

Federal land.—
The term “Federal land” means the approximately 107 acres of National Forest System land in the Mount Hood National Forest in Government Camp, Clackamas County, Oregon, identified as “USFS Land to be Conveyed” on the exchange map.
(D)

Mt. hood meadows.—
The term “Mt. Hood Meadows” means the Mt. Hood Meadows Oregon, Limited Partnership.
(E)

Non-federal land.—
The term “non-Federal land” means—
(i)
the parcel of approximately 770 acres of private land at Cooper Spur identified as “Land to be acquired by USFS” on the exchange map; and
(ii)
any buildings, improvements, furniture, fixtures, and equipment at the Inn at Cooper Spur and the Cooper Spur Ski Area covered by an appraisal described in paragraph (2)(D).
(2)

Cooper spur-government camp land exchange.—
(A)

Conveyance of land.—
Subject to the provisions of this subsection, if Mt. Hood Meadows offers to convey to the United States all right, title, and interest of Mt. Hood Meadows in and to the non-Federal land, the Secretary shall convey to Mt. Hood Meadows all right, title, and interest of the United States in and to the Federal land (other than any easements reserved under subparagraph (G)), subject to valid existing rights.
(B)

Compliance with existing law.—
Except as otherwise provided in this subsection, the Secretary shall carry out the land exchange under this subsection in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
(C)

Conditions on acceptance.—
(i)

Title.—
As a condition of the land exchange under this subsection, title to the non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary.
(ii)

Terms and conditions.—
The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.
(D)

Appraisals.—
(i)

In general.—
Not later than 120 days after the date of the enactment of the Mount Hood Cooper Spur Land Exchange Clarification Act, the Secretary and Mt. Hood Meadows shall jointly select an appraiser to conduct an appraisal of the Federal land and non-Federal land.
(ii)

Requirements.—
Except as provided under clause (iii), an appraisal under clause (i) shall assign a separate value to each tax lot to allow for the equalization of values and be conducted in accordance with nationally recognized appraisal standards, including—
(I)
the Uniform Appraisal Standards for Federal Land Acquisitions; and
(II)
the Uniform Standards of Professional Appraisal Practice.
(iii)

Final appraised value.—
(I)

In general.—
Subject to subclause (II), after the final appraised value of the Federal land and the non-Federal land are determined and approved by the Secretary, the Secretary shall not be required to reappraise or update the final appraised value for a period of up to 3 years, beginning on the date of the approval by the Secretary of the final appraised value.
(II)

Exception.—
Subclause (I) shall not apply if the condition of either the Federal land or the non-Federal land referred to in subclause (I) is significantly and substantially altered by fire, windstorm, or other events.
(iv)

Public review.—
Before completing the land exchange under this Act, the Secretary shall make available for public review the complete appraisals of the land to be exchanged.
(E)

Surveys.—
(i)

In general.—
The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.
(ii)

Costs.—
The responsibility for the costs of any surveys conducted under clause (i), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Mt. Hood Meadows.
(F)

Deadline for completion of land exchange.—
It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act.
(G)

Required conveyance conditions.—
Prior to the exchange of the Federal and non-Federal land—
(i)
the Secretary and Mt. Hood Meadows may mutually agree for the Secretary to reserve a conservation easement to protect the identified wetland in accordance with applicable law, subject to the requirements that—
(I)
the conservation easement shall be consistent with the terms of the September 30, 2015, mediation between the Secretary and Mt. Hood Meadows; and
(II)
in order to take effect, the conservation easement shall be finalized not later than 120 days after the date of enactment of the Mount Hood Cooper Spur Land Exchange Clarification Act; and
(ii)
the Secretary shall reserve a 24-foot-wide nonexclusive trail easement at the existing trail locations on the Federal land that retains for the United States existing rights to construct, reconstruct, maintain, and permit nonmotorized use by the public of existing trails subject to the right of the owner of the Federal land—
(I)
to cross the trails with roads, utilities, and infrastructure facilities; and
(II)
to improve or relocate the trails to accommodate development of the Federal land.
(H)

Equalization of values.—
(i)

In general.—
Notwithstanding subparagraph (A), in addition to or in lieu of monetary compensation, a lesser area of Federal land or non-Federal land may be conveyed if necessary to equalize appraised values of the exchange properties, without limitation, consistent with the requirements of this Act and subject to the approval of the Secretary and Mt. Hood Meadows.
(ii)

Treatment of certain compensation or conveyances as donation.—
If, after payment of compensation or adjustment of land area subject to exchange under this Act, the amount by which the appraised value of the land and other property conveyed by Mt. Hood Meadows under subparagraph (A) exceeds the appraised value of the land conveyed by the Secretary under subparagraph (A) shall be considered a donation by Mt. Hood Meadows to the United States.
(b)

Port of Cascade Locks Land Exchange.—
(1)

Definitions.—
In this subsection:
(A)

Exchange map.—
The term “exchange map” means the map entitled “Port of Cascade Locks/Pacific Crest National Scenic Trail Land Exchange”, dated June 2006.
(B)

Federal land.—
The term “Federal land” means the parcel of land consisting of approximately 10 acres of National Forest System land in the Columbia River Gorge National Scenic Area identified as “USFS Land to be conveyed” on the exchange map.
(C)

Non-federal land.—
The term “non-Federal land” means the parcels of land consisting of approximately 40 acres identified as “Land to be acquired by USFS” on the exchange map.
(D)

Port.—
The term “Port” means the Port of Cascade Locks, Cascade Locks, Oregon.
(2)

Land exchange, port of cascade locks-pacific crest national scenic trail.—
(A)

Conveyance of land.—
Subject to the provisions of this subsection, if the Port offers to convey to the United States all right, title, and interest of the Port in and to the non-Federal land, the Secretary shall, subject to valid existing rights, convey to the Port all right, title, and interest of the United States in and to the Federal land.
(B)

Compliance with existing law.—
Except as otherwise provided in this subsection, the Secretary shall carry out the land exchange under this subsection in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
(3)

Conditions on acceptance.—
(A)

Title.—
As a condition of the land exchange under this subsection, title to the non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary.
(B)

Terms and conditions.—
The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.
(4)

Appraisals.—
(A)

In general.—
As soon as practicable after the date of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.
(B)

Requirements.—
An appraisal under subparagraph (A) shall be conducted in accordance with nationally recognized appraisal standards, including—
(i)
the Uniform Appraisal Standards for Federal Land Acquisitions; and
(ii)
the Uniform Standards of Professional Appraisal Practice.
(5)

Surveys.—
(A)

In general.—
The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.
(B)

Costs.—
The responsibility for the costs of any surveys conducted under subparagraph (A), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the Port.
(6)

Deadline for completion of land exchange.—
It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act.
(c)

Hunchback Mountain Land Exchange and Boundary Adjustment.—
(1)

Definitions.—
In this subsection:
(A)

County.—
The term “County” means Clackamas County, Oregon.
(B)

Exchange map.—
The term “exchange map” means the map entitled “Hunchback Mountain Land Exchange, Clackamas County”, dated June 2006.
(C)

Federal land.—
The term “Federal land” means the parcel of land consisting of approximately 160 acres of National Forest System land in the Mount Hood National Forest identified as “USFS Land to be Conveyed” on the exchange map.
(D)

Non-federal land.—
The term “non-Federal land” means the parcel of land consisting of approximately 160 acres identified as “Land to be acquired by USFS” on the exchange map.
(2)

Hunchback mountain land exchange.—
(A)

Conveyance of land.—
Subject to the provisions of this paragraph, if the County offers to convey to the United States all right, title, and interest of the County in and to the non-Federal land, the Secretary shall, subject to valid existing rights, convey to the County all right, title, and interest of the United States in and to the Federal land.
(B)

Compliance with existing law.—
Except as otherwise provided in this paragraph, the Secretary shall carry out the land exchange under this paragraph in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
(C)

Conditions on acceptance.—
(i)

Title.—
As a condition of the land exchange under this paragraph, title to the non-Federal land to be acquired by the Secretary under this paragraph shall be acceptable to the Secretary.
(ii)

Terms and conditions.—
The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.
(D)

Appraisals.—
(i)

In general.—
As soon as practicable after the date of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.
(ii)

Requirements.—
An appraisal under clause (i) shall be conducted in accordance with nationally recognized appraisal standards, including—
(I)
the Uniform Appraisal Standards for Federal Land Acquisitions; and
(II)
the Uniform Standards of Professional Appraisal Practice.
(E)

Surveys.—
(i)

In general.—
The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.
(ii)

Costs.—
The responsibility for the costs of any surveys conducted under clause (i), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the County.
(F)

Deadline for completion of land exchange.—
It is the intent of Congress that the land exchange under this paragraph shall be completed not later than 16 months after the date of enactment of this Act.
(3)

Boundary adjustment.—
(A)

In general.—
The boundary of the Mount Hood National Forest shall be adjusted to incorporate—
(i)
any land conveyed to the United States under paragraph (2); and
(ii)
the land transferred to the Forest Service by section 1204(h)(1).
(B)

Additions to the national forest system.—
The Secretary shall administer the land described in subparagraph (A)—
(i)
in accordance with—
(I)
the Act of March 1, 1911 (commonly known as the “Weeks Law”) (16 U.S.C. 480 et seq.); and
(II)
any laws (including regulations) applicable to the National Forest System; and
(ii)
subject to sections 1202(c)(3) and 1204(d), as applicable.
(C)

Land and water conservation fund.—
For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Mount Hood National Forest modified by this paragraph shall be considered to be the boundaries of the Mount Hood National Forest in existence as of January 1, 1965.
(d)

Conditions on Development of Federal Land.
—
(1)

Requirements applicable to the conveyance of federal land.—
(A)

In general.—
As a condition of each of the conveyances of Federal land under this section, the Secretary shall include in the deed of conveyance a requirement that applicable construction activities and alterations shall be conducted in accordance with—
(i)
nationally recognized building and property maintenance codes; and
(ii)
nationally recognized codes for development in the wildland-urban interface and wildfire hazard mitigation.
(B)

Applicable law.—
To the maximum extent practicable, the codes required under subparagraph (A) shall be consistent with the nationally recognized codes adopted or referenced by the State or political subdivisions of the State.
(C)

Enforcement.—
The requirements under subparagraph (A) may be enforced by the same entities otherwise enforcing codes, ordinances, and standards.
(2)

Compliance with codes on federal land.—
The Secretary shall ensure that applicable construction activities and alterations undertaken or permitted by the Secretary on National Forest System land in the Mount Hood National Forest are conducted in accordance with—
(A)
nationally recognized building and property maintenance codes; and
(B)
nationally recognized codes for development in the wildland-urban interface development and wildfire hazard mitigation.
(3)

Effect on enforcement by states and political subdivisions.—
Nothing in this subsection alters or limits the power of the State or a political subdivision of the State to implement or enforce any law (including regulations), rule, or standard relating to development or fire prevention and control. * * * * * * *
TITLE IV—

FOREST LANDSCAPE RESTORATION
* * * * * * *
SEC. 4003.
[16 U.S.C. 7303]

COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
(a)

In General.—
The Secretary, in consultation with the Secretary of the Interior, shall establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration treatments for priority forest landscapes in accordance with—
(1)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(2)
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(3)
any other applicable law.
(b)

Eligibility Criteria.—
To be eligible for nomination under subsection (c), a collaborative forest landscape restoration proposal shall—
(1)
be based on a landscape restoration strategy that—
(A)
is complete or substantially complete;
(B)
identifies and prioritizes ecological restoration treatments for a 10-year period within a landscape that is—
(i)
at least 50,000 acres;
(ii)
comprised primarily of forested National Forest System land, but may also include land under the jurisdiction of the Bureau of Land Management, land under the jurisdiction of the Bureau of Indian Affairs, or other Federal, State, tribal, or private land;
(iii)
in need of active ecosystem restoration; and
(iv)
accessible by existing or proposed wood-processing infrastructure at an appropriate scale to use woody biomass and small-diameter wood removed in ecological restoration treatments;
(C)
incorporates the best available science and scientific application tools in ecological restoration strategies;
(D)
fully maintains, or contributes toward the restoration of, the structure and composition of old growth stands according to the pre-fire suppression old growth conditions characteristic of the forest type, taking into account the contribution of the stand to landscape fire adaptation and watershed health and retaining the large trees contributing to old growth structure;
(E)
would carry out any forest restoration treatments that reduce hazardous fuels by—
(i)
focusing on small diameter trees, thinning, strategic fuel breaks, and fire use to modify fire behavior, as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type (such as adverse soil impacts, tree mortality or other impacts); and
(ii)
maximizing the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; and
(F)
(i)
does not include the establishment of permanent roads; and
(ii)
would commit funding to decommission all temporary roads constructed to carry out the strategy;
(2)
be developed and implemented through a collaborative process that—
(A)
includes multiple interested persons representing diverse interests; and
(B)
(i)
is transparent and nonexclusive; or
(ii)
meets the requirements for a resource advisory committee under subsections (c) through (f) of section 205 of Public Law 106-393 (16 U.S.C. 500 note);
(3)
describe plans to—
(A)
reduce the risk of uncharacteristic wildfire, including through the use of fire for ecological restoration and maintenance and reestablishing natural fire regimes, where appropriate;
(B)
improve fish and wildlife habitat, including for endangered, threatened, and sensitive species;
(C)
maintain or improve water quality and watershed function;
(D)
prevent, remediate, or control invasions of exotic species;
(E)
maintain, decommission, and rehabilitate roads and trails;
(F)
use woody biomass and small-diameter trees produced from projects implementing the strategy;
(G)
report annually on performance, including through performance measures from the plan entitled the “10 Year Comprehensive Strategy Implementation Plan” and dated December 2006; and
(H)
take into account any applicable community wildfire protection plan;
(4)
analyze any anticipated cost savings, including those resulting from—
(A)
reduced wildfire management costs; and
(B)
a decrease in the unit costs of implementing ecological restoration treatments over time;
(5)
estimate—
(A)
the annual Federal funding necessary to implement the proposal; and
(B)
the amount of new non-Federal investment for carrying out the proposal that would be leveraged;
(6)
describe the collaborative process through which the proposal was developed, including a description of—
(A)
participation by or consultation with State, local, and Tribal governments; and
(B)
any established record of successful collaborative planning and implementation of ecological restoration projects on National Forest System land and other land included in the proposal by the collaborators; and
(7)
benefit local economies by providing local employment or training opportunities through contracts, grants, or agreements for restoration planning, design, implementation, or monitoring with—
(A)
local private, nonprofit, or cooperative entities;
(B)
Youth Conservation Corps crews or related partnerships, with State, local, and non-profit youth groups;
(C)
existing or proposed small or micro-businesses, clusters, or incubators; or
(D)
other entities that will hire or train local people to complete such contracts, grants, or agreements; and
(8)
be subject to any other requirements that the Secretary, in consultation with the Secretary of the Interior, determines to be necessary for the efficient and effective administration of the program.
(c)

Nomination Process.—
(1)

Submission.—
A proposal shall be submitted to—
(A)
the appropriate Regional Forester; and
(B)
if actions under the jurisdiction of the Secretary of the Interior are proposed, the appropriate—
(i)
State Director of the Bureau of Land Management;
(ii)
Regional Director of the Bureau of Indian Affairs; or
(iii)
other official of the Department of the Interior.
(2)

Nomination.—
(A)

In general.—
A Regional Forester may nominate for selection by the Secretary any proposals that meet the eligibility criteria established by subsection (b).
(B)

Concurrence.—
Any proposal nominated by the Regional Forester that proposes actions under the jurisdiction of the Secretary of the Interior shall include the concurrence of the appropriate—
(i)
State Director of the Bureau of Land Management;
(ii)
Regional Director of the Bureau of Indian Affairs; or
(iii)
other official of the Department of the Interior.
(3)

Documentation.—
With respect to each proposal that is nominated under paragraph (2)—
(A)
the appropriate Regional Forester shall—
(i)
include a plan to use Federal funds allocated to the region to fund those costs of planning and carrying out ecological restoration treatments on National Forest System land, consistent with the strategy, that would not be covered by amounts transferred to the Secretary from the Fund; and
(ii)
provide evidence that amounts proposed to be transferred to the Secretary from the Fund during the first 2 fiscal years following selection would be used to carry out ecological restoration treatments consistent with the strategy during the same fiscal year in which the funds are transferred to the Secretary;
(B)
if actions under the jurisdiction of the Secretary of the Interior are proposed, the nomination shall include a plan to fund such actions, consistent with the strategy, by the appropriate—
(i)
State Director of the Bureau of Land Management;
(ii)
Regional Director of the Bureau of Indian Affairs; or
(iii)
other official of the Department of the Interior; and
(C)
if actions on land not under the jurisdiction of the Secretary or the Secretary of the Interior are proposed, the appropriate Regional Forester shall provide evidence that the landowner intends to participate in, and provide appropriate funding to carry out, the actions.
(d)

Selection Process.—
(1)

In general.—
After consulting with the advisory panel established under subsection (e), the Secretary, in consultation with the Secretary of the Interior, shall, subject to paragraph (2), select the best proposals that—
(A)
have been nominated under subsection (c)(2); and
(B)
meet the eligibility criteria established by subsection (b).
(2)

Criteria.—
In selecting proposals under paragraph (1), the Secretary shall give special consideration to—
(A)
the strength of the proposal and strategy;
(B)
the strength of the ecological case of the proposal and the proposed ecological restoration strategies;
(C)
the strength of the collaborative process and the likelihood of successful collaboration throughout implementation;
(D)
whether the proposal is likely to achieve reductions in long-term wildfire management costs;
(E)
whether the proposal would reduce the relative costs of carrying out ecological restoration treatments as a result of the use of woody biomass and small-diameter trees; and
(F)
whether an appropriate level of non-Federal investment would be leveraged in carrying out the proposal.
(3)

Limitation.—
The Secretary may select not more than—
(A)
10 proposals to be funded during any fiscal year;
(B)
2 proposals in any 1 region of the National Forest System to be funded during any fiscal year; and
(C)
the number of proposals that the Secretary determines are likely to receive adequate funding.
(4)

Waiver.—
(A)

In general.—
Subject to subparagraph (B), after consulting with the advisory panel established under subsection (e), if the Secretary determines that a proposal that has been selected under paragraph (1) and is being carried out continues to meet the eligibility criteria established by subsection (b), the Secretary, on a case-by-case basis, may issue for the proposal a 1-time extension of the 10-year period requirement under paragraph (1)(B) of that subsection.
(B)

Limitation.—
The extension described in subparagraph (A)—
(i)
shall be for the shortest period of time practicable to complete implementation of the proposal, as determined by the Secretary; and
(ii)
shall not exceed 10 years.
(e)

Advisory Panel.—
(1)

In general.—
The Secretary shall establish and maintain an advisory panel comprised of not more than 15 members to evaluate, and provide recommendations on, each proposal that has been nominated under subsection (c)(2).
(2)

Representation.—
The Secretary shall ensure that the membership of the advisory panel is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory panel.
(3)

Inclusion.—
The advisory panel shall include experts in ecological restoration, fire ecology, fire management, rural economic development, strategies for ecological adaptation to climate change, fish and wildlife ecology, and woody biomass and small-diameter tree utilization.
(f)

Collaborative Forest Landscape Restoration Fund.—
(1)

Establishment.—
There is established in the Treasury of the United States a fund, to be known as the “Collaborative Forest Landscape Restoration Fund”, to be used to pay up to 50 percent of the cost of carrying out and monitoring ecological restoration treatments on National Forest System land for each proposal selected to be carried out under subsection (d).
(2)

Inclusion.—
The cost of carrying out ecological restoration treatments as provided in paragraph (1) may, as the Secretary determines to be appropriate, include cancellation and termination costs required to be obligated for contracts to carry out ecological restoration treatments on National Forest System land for each proposal selected to be carried out under subsection (d).
(3)

Contents.—
The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (6).
(4)

Expenditures from fund.—
(A)

In general.—
On request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are appropriate, in accordance with paragraph (1).
(B)

Limitation.—
The Secretary shall not expend money from the Fund on any 1 proposal—
(i)
during a period of more than 10 fiscal years; or
(ii)
in excess of $4,000,000 in any 1 fiscal year.
(C)

Exception.—
The limitation described in subparagraph (B)(i) shall not apply to a proposal for which a 1-time extension is granted under subsection (d)(4).
(5)

Accounting and reporting system.—
The Secretary shall establish an accounting and reporting system for the Fund.
(6)

Authorization of appropriations.—
There is authorized to be appropriated to the Fund $80,000,000 for each of fiscal years 2019 through 2023, to remain available until expended.
(g)

Program Implementation and Monitoring.—
(1)

Work plan.—
Not later than 180 days after the date on which a proposal is selected to be carried out, the Secretary shall create, in collaboration with the interested persons, an implementation work plan and budget to implement the proposal that includes—
(A)
a description of the manner in which the proposal would be implemented to achieve ecological and community economic benefit, including capacity building to accomplish restoration;
(B)
a business plan that addresses
(i)
the anticipated unit treatment cost reductions over 10 years;
(ii)
the anticipated costs for infrastructure needed for the proposal;
(iii)
the projected sustainability of the supply of woody biomass and small-diameter trees removed in ecological restoration treatments; and
(iv
the projected local economic benefits of the proposal;
(C)
documentation of the non-Federal investment in the priority landscape, including the sources and uses of the investments; and
(D)
a plan to decommission any temporary roads established to carry out the proposal.
(2)

Project implementation.—
Amounts transferred to the Secretary from the Fund shall be used to carry out ecological restoration treatments that are—
(A)
consistent with the proposal and strategy; and
(B)
identified through the collaborative process described in subsection (b)(2).
(3)

Annual report.—
The Secretary, in collaboration with the Secretary of the Interior and interested persons, shall prepare an annual report on the accomplishments of each selected proposal that includes—
(A)
a description of all acres (or other appropriate unit) treated and restored through projects implementing the strategy;
(B)
an evaluation of progress, including performance measures and how prior year evaluations have contributed to improved project performance;
(C)
a description of community benefits achieved, including any local economic benefits;
(D)
the results of the multiparty monitoring, evaluation, and accountability process under paragraph (4); and
(E)
a summary of the costs of—
(i)
treatments; and
(ii)
relevant fire management activities.
(4)

Multiparty monitoring.—
The Secretary shall, in collaboration with the Secretary of the Interior and interested persons, use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of projects implementing a selected proposal for not less than 15 years after project implementation commences.
(h)

Report.—
Not later than 5 years after the first fiscal year in which funding is made available to carry out ecological restoration projects under the program, and every 5 years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall submit a report on the program, including an assessment of whether, and to what extent, the program is fulfilling the purposes of this title, to—
(1)
the Committee on Energy and Natural Resources of the Senate;
(2)
the Committee on Appropriations of the Senate;
(3)
the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(4)
the Committee on Natural Resources of the House of Representatives;
(5)
the Committee on Appropriations of the House of Representatives; and
(6)
the Committee on Agriculture of the House of Representatives.
* * * * * * *
TITLE VI—

DEPARTMENT OF INTERIOR AUTHORIZATIONS
* * * * * * *
Subtitle A—

Cooperative Watershed Management Program
* * * * * * *
SEC. 6001.

DEFINITIONS
In this subtitle:
(1)

Affected stakeholder.—
The term “affected stakeholder” means an entity that significantly affects, or is significantly affected by, the quality or quantity of water in a watershed, as determined by the Secretary.
(2)

Disadvantaged community.—
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 household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census.
(3)

Grant recipient.—
The term “grant recipient” means a watershed group that the Secretary has selected to receive a grant under section 6002(c)(2).
(4)

Program.—
The term “program” means the Cooperative Watershed Management Program established by the Secretary under section 6002(a).
(5)

Secretary.—
The term “Secretary” means the Secretary of the Interior.
(6)

Watershed group.—
The term “watershed group” means a self-sustaining, cooperative watershed-wide group that—
(A)
is comprised of representatives of the affected stakeholders of the relevant watershed;
(B)
incorporates the perspectives of a diverse array of stakeholders, including, to the maximum extent practicable—
(i)
representatives of—
(I)
hydroelectric production;
(II)
livestock grazing;
(III)
timber production;
(IV)
land development;
(V)
recreation or tourism;
(VI)
irrigated agricultural production;
(VII)
the environment;
(VIII)
potable water purveyors and industrial water users;
(IX)
private property owners within the watershed; and
(X)
disadvantaged communities;
(ii)
any Federal agency that has authority with respect to the watershed;
(iii)
any State agency that has authority with respect to the watershed;
(iv)
any local agency that has authority with respect to the watershed; and
(v)
any Indian tribe that—
(I)
owns land within the watershed; or
(II)
has land in the watershed that is held in trust;
(C)
is a grassroots, nonregulatory entity that addresses water availability and quality issues within the relevant watershed;
(D)
is capable of promoting the sustainable use of the water resources of the relevant watershed and improving the functioning condition of rivers and streams through—
(i)
water conservation;
(ii)
improved water quality;
(iii)
ecological resiliency; and
(iv)
the reduction of water conflicts; and
(E)
makes decisions on a consensus basis, as defined in the bylaws of the watershed group.
(7)

Watershed management project.—
The term “watershed management project” means any project (including a demonstration project) that—
(A)
enhances water conservation, including alternative water uses;
(B)
improves water quality;
(C)
improves ecological resiliency of a river or stream, including benefits to fisheries, wildlife, or habitat;
(D)
reduces the potential for water conflicts; or
(E)
advances any other goals associated with water quality or quantity that the Secretary determines to be appropriate.
SEC. 6002.
[16 U.S.C. 1015a]

Program.
(a)

Establishment.—
Not later than 180 days after March 30, 2009, the Secretary shall establish a program, to be known as the “Cooperative Watershed Management Program” , under which the Secretary shall provide grants—
(1)
(A)
to form a watershed group; or
(B)
to enlarge a watershed group; and
(2)
to conduct 1 or more projects in accordance with the goals of a watershed group.
(b)1

Establishment of Application Process; Criteria.—
Not later than September 30, 2021, the Secretary shall update—
(1)
the application process for the program; and
(2)
in consultation with the States, the prioritization and eligibility criteria for considering applications submitted in accordance with the application process.
^1
Section 1107(b)(1) of division FF of Public Law 116–260 provides for an amendment to “Section 6002 of the Omnibus Public Lands Management Act (16 U.S.C. 1015a)” by striking and inserting a new subsection (b) of seciton 6002
Section 6002 of the Omnibus Public Lands Management Act of 2009 (16 U.S.C. 1015a)
(c)

Distribution of Grant Funds.—
(1)

In general.—
There is authorized to be appropriated to carry out subsection (d) $6,000,000 for each of fiscal years 2010 through 2021.
(A)
shall comply with paragraph (2); and
(B)
may give priority to watershed groups that—
(i)
represent maximum diversity of interests; or
(ii)
serve subbasin-sized watersheds with an 8-digit hydrologic unit code, as defined by the United States Geological Survey.
(2)

Funding procedure.—
In distributing grant funds under this section, the Secretary—
(A)

First phase.—
(i)

In general.—
The Secretary may provide to a grant recipient a first-phase grant in an amount not greater than $100,000 each year for a period of not more than 3 years.
(ii)

Mandatory use of funds.—
The Secretary may provide to a grant recipient a first-phase grant in an amount not greater than $100,000 each year for a period of not more than 3 years.
(I)
to establish or enlarge a watershed group;
(II)
to develop a mission statement for the watershed group;
(III)
to develop project concepts; and
(IV)
to develop a restoration plan.
(iii)

Annual determination of eligibility.—
(I)

Determination.—
For each year of a first-phase grant, not later than 270 days after the date on which a grant recipient first receives grant funds for the year, the Secretary shall determine whether the grant recipient has made sufficient progress during the year to justify additional funding.
(II)

Effect of determination.—
If the Secretary determines under subclause (I) that the progress of a grant recipient during the year covered by the determination justifies additional funding, the Secretary shall provide to the grant recipient grant funds for the following year.
(iv)

Advancement of conditions.—
A grant recipient shall not be eligible to receive a second-phase grant under subparagraph (B) until the date on which the Secretary determines that the watershed group—
(I)
has approved articles of incorporation and bylaws governing the organization; and
(II)
- (aa)
holds regular meetings;
- (bb)
has completed a mission statement; and
- (cc)
has developed a restoration plan and project concepts for the watershed.
(v)

Exception.—
A watershed group that has not applied for or received first-phase grants may apply for and receive second-phase grants under subparagraph (B) if the Secretary determines that the group has satisfied the requirements of first-phase grants.
(B)

Second phase.—
(i)

In general.—
A watershed group may apply for and receive second-phase grants of $1,000,000 each year for a period of not more than 4 years if—
(I)
the watershed group has applied for and received watershed grants under subparagraph (A); or
(II)
the Secretary determines that the watershed group has satisfied the requirements of first-phase grants.
(ii)

Mandatory use of funds.—
A grant recipient that receives a second-phase grant shall use the funds to plan and carry out watershed management projects.
(iii)

Annual determination of eligibility.—
(I)

Determination.—
For each year of the second-phase grant, not later than 270 days after the date on which a grant recipient first receives grant funds for the year, the Secretary shall determine whether the grant recipient has made sufficient progress during the year to justify additional funding.
(II)

Effect of determination.—
If the Secretary determines under subclause (I) that the progress of a grant recipient during the year justifies additional funding, the Secretary shall provide to the grant recipient grant funds for the following year.
(iv)

Advancement condition.—
A grant recipient shall not be eligible to receive a third-phase grant under subparagraph (C) until the date on which the Secretary determines that the grant recipient has-
(I)
completed each requirement of the second-phase grant; and
(II)
demonstrated that 1 or more pilot projects of the grant recipient have resulted in demonstrable improvements, as determined by the Secretary, in the functioning condition of at least 1 river or stream in the watershed.
(C)

Third phase.—
(i)

Funding limitation.—
(I)

In general.—
Except as provided in subclause (II), the Secretary may provide to a grant recipient a third-phase grant in an amount not greater than $5,000,000 for a period of not more than 5 years.
(II)

Exception.—
The Secretary may provide to a grant recipient a third-phase grant in an amount that is greater than the amount described in subclause (I) if the Secretary determines that the grant recipient is capable of using the additional amount to further the purposes of the program in a way that could not otherwise be achieved by the grant recipient using the amount described in subclause (I).
(ii)

Mandatory use of funds.—
A grant recipient that receives a third-phase grant shall use the funds to plan and carry out at least 1 watershed management project.
(3)

Authorizing use of funds for administrative and other costs.—
A grant recipient that receives a grant under this section may use the funds—
(A)
to pay for—
(i)
administrative and coordination costs, if the costs are not greater than the lesser of—
(I)
20 percent of the total amount of the grant; or
(II)
$100,000;
(ii)
the salary of not more than 1 full-time employee of the watershed group; and
(iii)
any legal fees arising from the establishment of the relevant watershed group; and
(B)
to fund—
(i)
water quality and quantity studies of the relevant watershed; and
(ii)
the planning, design, and implementation of any projects relating to water quality or quantity.
(d)

Cost Share.—
(1)

Planning.—
The Federal share of the cost of an activity provided assistance through a first-phase grant shall be 100 percent.
(2)

Projects carried out under second phase.—
(A)

In general.—
The Federal share of the cost of any activity of a watershed management project provided assistance through a second-phase grant shall not exceed 50 percent of the total cost of the activity.
(B)

Form of non-federal share.—
The non-Federal share under subparagraph (A) may be in the form of in-kind contributions.
(e)

Annual Reports.—
(1)

In general.—
Not later than 1 year after the date on which a grant recipient first receives funds under this section, and annually thereafter, in accordance with paragraph (2), the watershed group shall submit to the Secretary a report that describes the progress of the watershed group.
(2)

Required degree of detail.—
The contents of an annual report required under paragraph (1) shall contain sufficient information to enable the Secretary to complete each report required under subsection (f), as determined by the Secretary.
(f)

Report.—
Not later than 5 years after March 30, 2009, and every 5 years thereafter, 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—
(A)
in addressing water conflicts;
(B)
in conserving water;
(C)
in improving water quality; and
(D)
in improving the ecological resiliency of a river or stream; and
(2)
benefits that the program provides, including, to the maximum extent practicable, a quantitative analysis of economic, social, and environmental benefits.
(g)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out this section—
(1)
$2,000,000 for each of fiscal years 2008 and 2009;
(2)
$5,000,000 for fiscal year 2010;
(3)
$10,000,000 for fiscal year 2011; and
(4)
$20,000,000 for each of fiscal years 2012 through 20212.
^2
Section 1107(b)(2) of division FF of Public Law 116–260 attempts to amend paragraph (4) by striking “2020” and inserting “2026”; however, the amendment could not be executed because of an earlier amendment made by section 206 of division D of such Public Law.
* * * * * * *
TITLE IX—

BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A—

Feasibility Studies
SEC. 9001.

SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, IDAHO.
(a)

In General.—
The Secretary of the Interior, acting through the Bureau of Reclamation, may conduct feasibility studies on projects that address water shortages within the Snake, Boise, and Payette River systems in the State of Idaho, and are considered appropriate for further study by the Bureau of Reclamation Boise Payette water storage assessment report issued during 2006.
(b)

Bureau of Reclamation.—
A study conducted under this section shall comply with Bureau of Reclamation policy standards and guidelines for studies.
(c)

Authorization of Appropriations.—
There is authorized to be appropriated to the Secretary of the Interior to carry out this section $3,000,000.
(d)

Termination of Effectiveness.—
The authority provided by this section terminates on the date that is 20 years after the date of enactment of this Act.
* * * * * * *
Subtitle B—

Project Authorizations
* * * * * * *
SEC. 9106.

RIO GRANDE PUEBLOS, NEW MEXICO.
(a)

Findings and Purpose.—
(1)

Findings.—
The Secretary may provide any grant to, or enter into an agreement with, any eligible applicant to assist the eligible applicant in planning, designing, or constructing any improvement—
(A)
drought, population increases, and environmental needs are exacerbating water supply issues across the western United States, including the Rio Grande Basin in New Mexico;
(B)
a report developed by the Bureau of Reclamation and the Bureau of Indian Affairs in 2000 identified a serious need for the rehabilitation and repair of irrigation infrastructure of the Rio Grande Pueblos;
(C)
inspection of existing irrigation infrastructure of the Rio Grande Pueblos shows that many key facilities, such as diversion structures and main conveyance ditches, are unsafe and barely, if at all, operable;
(D)
the benefits of rehabilitating and repairing irrigation infrastructure of the Rio Grande Pueblos include—
(i)
to address any climate-related impact to the water supply of the United States that increases ecological resiliency to the impacts of climate change;
(ii)
extending available water supplies;
(iii)
increased agricultural productivity;
(iv)
economic benefits;
(v)
safer facilities; and
(vi)
the preservation of the culture of Indian Pueblos in the State;
(E)
certain Indian Pueblos in the Rio Grande Basin receive water from facilities operated or owned by the Bureau of Reclamation; and
(F)
to prevent the decline of species that the United States Fish and Wildlife Service and National Marine Fisheries Service have proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or candidate species that are being considered by those agencies for such listing but are not yet the subject of a proposed rule);
(i)
overall water management by the Bureau of Reclamation; and
(ii)
the ability of the Bureau of Reclamation to help address potential water supply conflicts in the Rio Grande Basin.
(2)

Purpose.—
The purpose of this section is to direct the Secretary—
(A)
to assess the condition of the irrigation infrastructure of the Rio Grande Pueblos;
(B)
submit to the Secretary an application that includes a proposal of the improvement or activity to be planned, designed, constructed, or implemented by the eligible applicant.
(C)
to implement projects to rehabilitate and improve the irrigation infrastructure of the Rio Grande Pueblos.
(b)

Definitions.—
In this section:
(1)

2004 AGREEMENT.—
The term “2004 Agreement” means the agreement entitled “Agreement By and Between the United States of America and the Middle Rio Grande Conservancy District, Providing for the Payment of Operation and Maintenance Charges on Newly Reclaimed Pueblo Indian Lands in the Middle Rio Grande Valley, New Mexico” and executed in September 2004 (including any successor agreements and amendments to the agreement).
(2)

Designated engineer.—
The term “designated engineer” means a Federal employee designated under the Act of February 14, 1927 (69 Stat. 1098, chapter 138) to represent the United States in any action involving the maintenance, rehabilitation, or preservation of the condition of any irrigation structure or facility on land located in the Six Middle Rio Grande Pueblos.
(3)

District.—
The term “District” means the Middle Rio Grande Conservancy District, a political subdivision of the State established in 1925.
(4)

Pueblo irrigation infrastructure.—
The term “Pueblo irrigation infrastructure” means any diversion structure, conveyance facility, or drainage facility that is—
(A)
in existence as of the date of enactment of this Act; and
(B)
located on land of a Rio Grande Pueblo that is associated with—
(i)
the delivery of water for the irrigation of agricultural land; or
(ii)
the delivery of water for the irrigation of agricultural land; or
(5)

Rio grande basin.—
The term “Rio Grande Basin” means the headwaters of the Rio Chama and the Rio Grande Rivers (including any tributaries) from the State line between Colorado and New Mexico downstream to the elevation corresponding with the spillway crest of Elephant Butte Dam at 4,457.3 feet mean sea level.
(6)

Rio grande pueblo.—
The term “Rio Grande Pueblo” means any of the 18 Pueblos that—
(A)
occupy land in the Rio Grande Basin; and
(B)
are included on the list of federally recognized Indian tribes published by the Secretary in accordance with section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).
(7)

Secretary.—
The term “Secretary” means the Secretary of the Interior, acting through the Commissioner of Reclamation.
(8)

Six middle rio grande pueblos.—
The term “Six Middle Rio Grande Pueblos” means each of the Pueblos of Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta.
(9)

Special project.—
The term “special project” has the meaning given the term in the 2004 Agreement.
(10)

State.—
The term “State” means the State of New Mexico.
(c)

Irrigation Infrastructure Study.—
(1)

Study.—
(A)

In general.—
On the date of enactment of this Act, the Secretary, in accordance with subparagraph (B), and in consultation with the Rio Grande Pueblos, shall—
(i)
conduct a study of Pueblo irrigation infrastructure; and
(ii)
based on the results of the study, develop a list of projects (including a cost estimate for each project), that are recommended to be implemented over a 10-year period to repair, rehabilitate, or reconstruct Pueblo irrigation infrastructure.
(B)

Required consent.—
In carrying out subparagraph (A), the Secretary shall only include each individual Rio Grande Pueblo that notifies the Secretary that the Pueblo consents to participate in—
(i)
the conduct of the study under subparagraph (A)(i); and
(ii)
the development of the list of projects under subparagraph (A)(ii) with respect to the Pueblo.
(2)

Priority.—
(A)

Consideration of factors.—
(i)

In general.—
In developing the list of projects under paragraph (1)(A)(ii), the Secretary shall—
(I)
consider each of the factors described in subparagraph (B); and
(II)
prioritize the projects recommended for implementation based on—
- (aa)
a review of each of the factors; and
- (bb)
a consideration of the projected benefits of the project on completion of the project.
(ii)

Eligibility of projects.—
A project is eligible to be considered and prioritized by the Secretary if the project addresses at least 1 factor described in subparagraph (B).
(B)

Factors.—
The factors referred to in subparagraph (A) are—
(i)
(I)
the extent of disrepair of the Pueblo irrigation infrastructure; and
(II)
the effect of the disrepair on the ability of the applicable Rio Grande Pueblo to irrigate agricultural land using Pueblo irrigation infrastructure;
(ii)
whether, and the extent that, the repair, rehabilitation, or reconstruction of the Pueblo irrigation infrastructure would provide an opportunity to conserve water;
(iii)
(I)
the economic and cultural impacts that the Pueblo irrigation infrastructure that is in disrepair has on the applicable Rio Grande Pueblo; and
(II)
the economic and cultural benefits that the repair, rehabilitation, or reconstruction of the Pueblo irrigation infrastructure would have on the applicable Rio Grande Pueblo;
(iv)
the opportunity to address water supply or environmental conflicts in the applicable river basin if the Pueblo irrigation infrastructure is repaired, rehabilitated, or reconstructed; and
(v)
the overall benefits of the project to efficient water operations on the land of the applicable Rio Grande Pueblo.
(3)

Consultation.—
In developing the list of projects under paragraph (1)(A)(ii), the Secretary shall consult with the Director of the Bureau of Indian Affairs (including the designated engineer with respect to each proposed project that affects the Six Middle Rio Grande Pueblos), the Chief of the Natural Resources Conservation Service, and the Chief of Engineers to evaluate the extent to which programs under the jurisdiction of the respective agencies may be used—
(A)
to assist in evaluating projects to repair, rehabilitate, or reconstruct Pueblo irrigation infrastructure; and
(B)
to implement—
(i)
a project recommended for implementation under paragraph (1)(A)(ii); or
(ii)
any other related project (including on-farm improvements) that may be appropriately coordinated with the repair, rehabilitation, or reconstruction of Pueblo irrigation infrastructure to improve the efficient use of water in the Rio Grande Basin.
(4)

Report.—
Not later than 2 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 Resources of the House of Representatives a report that includes—
(A)
the list of projects recommended for implementation under paragraph (1)(A)(ii); and
(B)
The factors referred to in subparagraph (A) are—any findings of the Secretary with respect to—
(i)
the study conducted under paragraph (1)(A)(i);
(ii)
the consideration of the factors under paragraph (2)(B); and
(iii)
the consultations under paragraph (3).
(5)

Periodic review.—
Not later than 4 years after the date on which the Secretary submits the report under paragraph (4) and every 4 years thereafter, the Secretary, in consultation with each Rio Grande Pueblo, shall—
(A)
review the report submitted under paragraph (4); and
(B)
update the list of projects described in paragraph (4)(A) in accordance with each factor described in paragraph (2)(B), as the Secretary determines to be appropriate.
(d)

Irrigation Infrastructure Grants.—
(1)

In general.—
The Secretary may provide grants to, and enter into contracts or other agreements with, the Rio Grande Pueblos to plan, design, construct, or otherwise implement projects to repair, rehabilitate, reconstruct, or replace Pueblo irrigation infrastructure that are recommended for implementation under subsection (c)(1)(A)(ii)—
(A)
to increase water use efficiency and agricultural productivity for the benefit of a Rio Grande Pueblo;
(B)
to conserve water; or
(C)
to otherwise enhance water management or help avert water supply conflicts in the Rio Grande Basin.
(2)

Limitation.—
Assistance provided under paragraph (1) shall not be used for—
(A)
the repair, rehabilitation, or reconstruction of any major impoundment structure; or
(B)
any on-farm improvements.
(3)

Consultation.—
In carrying out a project under paragraph (1), the Secretary shall—
(A)
consult with, and obtain the approval of, the applicable Rio Grande Pueblo;
(B)
consult with the Director of the Bureau of Indian Affairs; and
(C)
as appropriate, coordinate the project with any work being conducted under the irrigation operations and maintenance program of the Bureau of Indian Affairs.
(4)

Cost-sharing requirement.—
(A)

Federal share.—
the list of projects recommended for implementation under paragraph (1)(A)(ii); and
(i)

In general.—
Except as provided in clause (ii), the Federal share of the total cost of carrying out a project under paragraph (1) shall be not more than 75 percent.
(ii)

Exception.—
The Secretary may waive or limit the non-Federal share required under clause (i) if the Secretary determines, based on a demonstration of financial hardship by the Rio Grande Pueblo, that the Rio Grande Pueblo is unable to contribute the required non-Federal share.
(B)

District contributions.—
(i)

In general.—
The Secretary may accept from the District a partial or total contribution toward the non-Federal share required for a project carried out under paragraph (1) on land located in any of the Six Middle Rio Grande Pueblos if the Secretary determines that the project is a special project.
(ii)

Limitation.—
Nothing in clause (i) requires the District to contribute to the non-Federal share of the cost of a project carried out under paragraph (1).
(C)

State contributions.—
(i)

In general.—
The Secretary may accept from the State a partial or total contribution toward the non-Federal share for a project carried out under paragraph (1).
(ii)

Limitation.—
Nothing in clause (i) requires the State to contribute to the non-Federal share of the cost of a project carried out under paragraph (1).
(D)

Form of non-federal share.—
The non-Federal share under subparagraph (A)(i) may be in the form of in-kind contributions, including the contribution of any valuable asset or service that the Secretary determines would substantially contribute to a project carried out under paragraph (1).
(5)

Operation and maintenance.—
The Secretary may not use any amount made available under subsection (g)(2) to carry out the operation or maintenance of any project carried out under paragraph (1).
(e)

Effect on Existing Authority and Responsibilities.—
There is authorized to be appropriated to carry out this section, to remain available until expended.
(1)
affects any existing project-specific funding authority; or
(2)
limits or absolves the United States from any responsibility to any Rio Grande Pueblo (including any responsibility arising from a trust relationship or from any Federal law (including regulations), Executive order, or agreement between the Federal Government and any Rio Grande Pueblo).
(f)

Effect on Pueblo Water Rights or State Water Law.—
(1)

Pueblo water rights.—
Nothing in this section (including the implementation of any project carried out in accordance with this section) affects the right of any Pueblo to receive, divert, store, or claim a right to water, including the priority of right and the quantity of water associated with the water right under Federal or State law.
(2)

State water law.—
Nothing in this section preempts or affects—
(A)
State water law; or
(B)
an interstate compact governing water.
(g)

Authorization of Appropriations.—
(1)
There is authorized to be appropriated to carry out subsection (c) $4,000,000.
(2)
There is authorized to be appropriated to carry out subsection (d) $6,000,000 for each of fiscal years 2010 through 2022.
* * * * * * *
Subtitle F—

Secure Water
SEC. 9501.
[42 U.S.C. 10361]

FINDINGS.
Congress finds that—
(1)
adequate and safe supplies of water are fundamental to the health, economy, security, and ecology of the United States;
(2)
systematic data-gathering with respect to, and research and development of, the water resources of the United States will help ensure the continued existence of sufficient quantities of water to support—
(A)
increasing populations;
(B)
economic growth;
(C)
irrigated agriculture;
(D)
energy production; and
(E)
the protection of aquatic ecosystems;
(3)
global climate change poses a significant challenge to the protection and use of the water resources of the United States due to an increased uncertainty with respect to the timing, form, and geographical distribution of precipitation, which may have a substantial effect on the supplies of water for agricultural, hydroelectric power, industrial, domestic supply, and environmental needs;
(4)
although States bear the primary responsibility and authority for managing the water resources of the United States, the Federal Government should support the States, as well as regional, local, and tribal governments, by carrying out—
(A)
nationwide data collection and monitoring activities;
(B)
relevant research; and
(C)
activities to increase the efficiency of the use of water in the United States;
(5)
Federal agencies that conduct water management and related activities have a responsibility—
(A)
to take a lead role in assessing risks to the water resources of the United States (including risks posed by global climate change); and
(B)
to develop strategies—
(i)
to mitigate the potential impacts of each risk described in subparagraph (A); and
(ii)
to help ensure that the long-term water resources management of the United States is sustainable and will ensure sustainable quantities of water;
(6)
it is critical to continue and expand research and monitoring efforts—
(A)
to improve the understanding of the variability of the water cycle; and
(B)
to provide basic information necessary—
(i)
to manage and efficiently use the water resources of the United States; and
(ii)
to identify new supplies of water that are capable of being reclaimed; and
(7)
the study of water use is vital—
(A)
to the understanding of the impacts of human activity on water and ecological resources; and
(B)
to the assessment of whether available surface and groundwater supplies will be available to meet the future needs of the United States.
SEC. 9502.
[42 U.S.C. 10362]

DEFINITIONS.
In this subtitle:
(1)

Administrator.—
The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.
(2)

Advisory committee.—
The term “Advisory Committee” means the National Advisory Committee on Water Information established—
(A)
under the Office of Management and Budget Circular 92-01; and
(B)
to coordinate water data collection activities.
(3)

Assessment program.—
The term “assessment program” means the water availability and use assessment program established by the Secretary under section 9508(a).
(4)

Climate division.—
The term “climate division” means 1 of the 359 divisions in the United States that represents 2 or more regions located within a State that are as climatically homogeneous as possible, as determined by the Administrator.
(5)

Commissioner.—
The term “Commissioner” means the Commissioner of Reclamation.
(6)

Director.—
The term “Director” means the Director of the United States Geological Survey.
(7)

Eligible applicant.—
The term “eligible applicant” means—
(A)
any State, Indian tribe, irrigation district, or water district;
(B)
any State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority;
(C)
any other organization with water or power delivery authority; and
(D)
any nonprofit conservation organization, if—
(i)
the nonprofit conservation organization is acting in partnership with and with the agreement of an entity described in subparagraph (A), (B), or (C); or
(ii)
in the case of an application for a project to improve the condition of a natural feature or nature-based feature on Federal land, the entities described in subparagraph (A), (B), or (C) from the applicable service area have been notified of the project application and there is no written objection to the project.
(8)

Federal power marketing administration.—
The term “Federal Power Marketing Administration” means—
(A)
the Bonneville Power Administration;
(B)
the Southeastern Power Administration;
(C)
the Southwestern Power Administration; and
(D)
the Western Area Power Administration.
(9)

Hydrologic accounting unit.—
The term “hydrologic accounting unit” means 1 of the 352 river basin hydrologic accounting units used by the United States Geological Survey.
(10)

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).
(11)

Major aquifer system.—
The term “major aquifer system” means a groundwater system that is—
(A)
identified as a significant groundwater system by the Director; and
(B)
included in the Groundwater Atlas of the United States, published by the United States Geological Survey.
(12)

Major reclamation river basin.—
(A)

In general.—
The term “major reclamation river basin” means each major river system (including tributaries)—
(i)
that is located in a service area of the Bureau of Reclamation; and
(ii)
at which is located a federally authorized project of the Bureau of Reclamation.
(B)

Inclusions.—
The term “major reclamation river basin” includes—
(i)
the Colorado River;
(ii)
the Columbia River;
(iii)
the Klamath River;
(iv)
the Missouri River;
(v)
the Rio Grande;
(vi)
the Sacramento River;
(vii)
the San Joaquin River; and
(viii)
the Truckee River.
(13)

Natural feature.—
The term “natural feature” means a feature that is created through the action of physical, geological, biological, and chemical processes over time.
(14)

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.
(15)

Non-federal participant.—
The term “non-Federal participant” means—
(A)
a State, regional, or local authority;
(B)
an Indian tribe or tribal organization; or
(C)
any other qualifying entity, such as a water conservation district, water conservancy district, or rural water district or association, or a nongovernmental organization.
(16)

Panel.—
The term “panel” means the climate change and water intragovernmental panel established by the Secretary under section 9506(a).
(17)

Program.—
The term “program” means the regional integrated sciences and assessments program—
(A)
established by the Administrator; and
(B)
that is comprised of 8 regional programs that use advances in integrated climate sciences to assist decisionmaking processes.
(18)

Secretary.—
(A)

In general.—
Except as provided in subparagraph (B), the term “Secretary” means the Secretary of the Interior.
(B)

Exceptions.—
The term “Secretary” means—
(i)
in the case of sections 9503, 9504, and 9509, the Secretary of the Interior (acting through the Commissioner); and
(ii)
in the case of sections 9507 and 9508, the Secretary of the Interior (acting through the Director).
(19)

Service area.—
The term “service area” means any area that encompasses a watershed that contains a federally authorized reclamation project that is located in any State or area described in the first section of the Act of June 17, 1902 (43 U.S.C. 391).
SEC. 9503.
[42 U.S.C. 10363]

RECLAMATION CLIMATE CHANGE AND WATER PROGRAM.
(a)

In general.—
The Secretary shall establish a climate change adaptation program—
(1)
to coordinate with the Administrator and other appropriate agencies to assess each effect of, and risk resulting from, global climate change with respect to the quantity of water resources located in a service area; and
(2)
to ensure, to the maximum extent possible, that strategies are developed at watershed and aquifer system scales to address potential water shortages, conflicts, and other impacts to water users located at, and the environment of, each service area.
(b)

Required Elements.—
In carrying out the program described in subsection (a), the Secretary shall—
(1)
coordinate with the United States Geological Survey, the National Oceanic and Atmospheric Administration, the program, and each appropriate State water resource agency, to ensure that the Secretary has access to the best available scientific information with respect to presently observed and projected future impacts of global climate change on water resources;
(2)
assess specific risks to the water supply of each major reclamation river basin, including any risk relating to—
(A)
a change in snowpack;
(B)
changes in the timing and quantity of runoff;
(C)
changes in groundwater recharge and discharge; and
(D)
any increase in—
(i)
the demand for water as a result of increasing temperatures; and
(ii)
the rate of reservoir evaporation;
(3)
with respect to each major reclamation river basin, analyze the extent to which changes in the water supply of the United States will impact—
(A)
the ability of the Secretary to deliver water to the contractors of the Secretary;
(B)
hydroelectric power generation facilities;
(C)
recreation at reclamation facilities;
(D)
fish and wildlife habitat;
(E)
applicable species listed as an endangered, threatened, or candidate species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(F)
water quality issues (including salinity levels of each major reclamation river basin);
(G)
flow and water dependent ecological resiliency; and
(H)
flood control management;
(4)
in consultation with appropriate non-Federal participants, consider and develop appropriate strategies to mitigate each impact of water supply changes analyzed by the Secretary under paragraph (3), including strategies relating to—
(A)
the modification of any reservoir storage or operating guideline in existence as of the date of enactment of this Act;
(B)
the development of new water management, operating, or habitat restoration plans;
(C)
water conservation;
(D)
improved hydrologic models and other decision support systems; and
(E)
groundwater and surface water storage needs; and
(5)
in consultation with the Director, the Administrator, the Secretary of Agriculture (acting through the Chief of the Natural Resources Conservation Service), and applicable State water resource agencies, develop a monitoring plan to acquire and maintain water resources data—
(A)
to strengthen the understanding of water supply trends; and
(B)
to assist in each assessment and analysis conducted by the Secretary under paragraphs (2) and (3).
(c)

Reporting.—
Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report that describes—
(1)
each effect of, and risk resulting from, global climate change with respect to the quantity of water resources located in each major reclamation river basin;
(2)
the impact of global climate change with respect to the operations of the Secretary in each major reclamation river basin;
(3)
each mitigation and adaptation strategy considered and implemented by the Secretary to address each effect of global climate change described in paragraph (1);
(4)
each coordination activity conducted by the Secretary with—
(A)
the Director;
(B)
the Administrator;
(C)
the Secretary of Agriculture (acting through the Chief of the Natural Resources Conservation Service); or
(D)
any appropriate State water resource agency; and
(5)
the implementation by the Secretary of the monitoring plan developed under subsection (b)(5).
(d)

Feasibility Studies.—
(1)

Authority of secretary.—
The Secretary, in cooperation with any non-Federal participant, may conduct 1 or more studies to determine the feasibility and impact on ecological resiliency of implementing each mitigation and adaptation strategy described in subsection (c)(3), including the construction of any water supply, water management, environmental, or habitat enhancement water infrastructure that the Secretary determines to be necessary to address the effects of global climate change on water resources located in each major reclamation river basin.
(2)

Cost Sharing.—
(A)

Federal share.—
(i)

In general.—
Except as provided in clause (ii), the Federal share of the cost of a study described in paragraph (1) shall not exceed 50 percent of the cost of the study.
(ii)

Exception relating to financial hardship.—
The Secretary may increase the Federal share of the cost of a study described in paragraph (1) to exceed 50 percent of the cost of the study if the Secretary determines that, due to a financial hardship, the non-Federal participant of the study is unable to contribute an amount equal to 50 percent of the cost of the study.
(B)

Non-federal share.—
The non-Federal share of the cost of a study described in paragraph (1) may be provided in the form of any in-kind services that substantially contribute toward the completion of the study, as determined by the Secretary.
(e)

No Effect on Existing Authority.—
Nothing in this section amends or otherwise affects any existing authority under reclamation laws that govern the operation of any Federal reclamation project.
(f)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2009 through 2023, to remain available until expended.
SEC. 9504.
[42 U.S.C. 10364]

WATER MANAGEMENT IMPROVEMENT.
(a)

Authorization of Grants and Cooperative Agreements.—
(1)

Authority of secretary.—
The Secretary may provide any grant to, or enter into an agreement with, any eligible applicant to assist the eligible applicant in planning, designing, or constructing any improvement or carrying out any activity—
(A)
to conserve water;
(B)
to increase water use efficiency;
(C)
to facilitate water markets;
(D)
to enhance water management, including increasing the use of renewable energy in the management and delivery of water;
(E)
to accelerate the adoption and use of advanced water treatment technologies to increase water supply;
(F)
to assist States and water users in complying with interstate compacts or reducing basin water supply-demand imbalances;
(G)
to achieve the prevention of the decline of species that the United States Fish and Wildlife Service and National Marine Fisheries Service have proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or candidate species that are being considered by those agencies for such listing but are not yet the subject of a proposed rule);
(H)
to achieve the acceleration of the recovery of threatened species, endangered species, and designated critical habitats that are adversely affected by Federal reclamation projects or are subject to a recovery plan or conservation plan under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) under which the Commissioner of Reclamation has implementation responsibilities;
(I)
to improve the condition of a natural feature; or
(J)
to carry out any other activity—
(i)
to address any climate-related impact to the water supply of the United States that increases ecological resiliency to the impacts of climate change;
(ii)
to prevent any water-related crisis or conflict at any watershed that has a nexus to a Federal reclamation project located in a service area; or
(iii)
to plan for or address the impacts of drought.
(2)

Application.—
To be eligible to receive a grant, or enter into an agreement with the Secretary under paragraph (1), an eligible applicant shall—
(A)
be located within—
(i)
the States and areas referred to in the first section of the Act of June 17, 1902 (43 U.S.C. 391);
(ii)
the State of Alaska;
(iii)
the State of Hawaii; or
(iv)
the Commonwealth of Puerto Rico; and
(B)
submit to the Secretary an application that includes—
(i)
a proposal of the improvement or activity to be planned, designed, constructed, or implemented by the eligible applicant; and
(ii)
for a project that is intended to have a quantifiable water savings and would receive a grant of $500,000 or more—
(I)
a proposal for a monitoring plan of at least 5 years that would demonstrate ways in which the proposed improvement or activity would result in improved streamflows or aquatic habitat; or
(II)
for a project that does not anticipate improved streamflows or aquatic habitat, an analysis of ways in which the proposed improvement or activity would contribute to 1 or more of the other objectives described in paragraph (1).
(3)

Requirements of grants and cooperative agreements.—
(A)

Compliance with requirements.—
Each grant and agreement entered into by the Secretary with any eligible applicant under paragraph (1) shall be in compliance with each requirement described in subparagraphs (B) through (F).
(B)

Agricultural operations.—
(i)

In general.—
Except as provided in clause (ii), in carrying out paragraph (1), the Secretary shall not provide a grant, or enter into an agreement, for an improvement to conserve irrigation water unless the eligible applicant agrees not—
(I)
to use any associated water savings to increase the total irrigated acreage of the eligible applicant; or
(II)
to otherwise increase the consumptive use of water in the operation of the eligible applicant, as determined pursuant to the law of the State in which the operation of the eligible applicant is located.
(ii)

Indian tribes.—
In the case of an eligible applicant that is an Indian tribe, in carrying out paragraph (1), the Secretary shall not provide a grant, or enter into an agreement, for an improvement to conserve irrigation water unless the Indian tribe agrees not—
(I)
to use any associated water savings to increase the total irrigated acreage more than the water right of that Indian tribe, as determined by—
- (aa)
a court decree;
- (bb)
a settlement;
- (cc)
a law; or
- (dd)
any combination of the authorities described in items (aa) through (cc); or
(II)
to otherwise increase the consumptive use of water more than the water right of the Indian tribe described in subclause (I).
(C)

Nonreimbursable Funds.—
Any funds provided by the Secretary to an eligible applicant through a grant or agreement under paragraph (1) shall be nonreimbursable.
(D)

Title to improvements.—
If an infrastructure improvement to a federally owned facility is the subject of a grant or other agreement entered into between the Secretary and an eligible applicant under paragraph (1), the Federal Government shall continue to hold title to the facility and improvements to the facility.
(E)

Cost Sharing.—
(i)

Federal share.—
(I)

In general.—
Except as provided in subclause (II), the Federal share of the cost of any infrastructure improvement or activity that is the subject of a grant or other agreement entered into between the Secretary and an eligible applicant under paragraph (1) shall not exceed 50 percent of the cost of the infrastructure improvement or activity.
(II)

Increased federal share for certain infrastructure improvements and activities.—
The Federal share of the cost of an infrastructure improvement or activity shall not exceed 75 percent of the cost of the infrastructure improvement or activity, if—
- (aa)
the infrastructure improvement or activity was developed as part of a collaborative process by—
(AA)
a watershed group (as defined in section 6001); or
(BB)
a water user and 1 or more stakeholders with diverse interests; and
- (bb)
the majority of the benefits of the infrastructure improvement or activity, as determined by the Secretary, are for the purpose of advancing 1 or more components of an established strategy or plan to increase the reliability of water supply for consumptive and nonconsumptive ecological values.
(ii)

Calculation of non-federal share.—
In calculating the non-Federal share of the cost of an infrastructure improvement or activity proposed by an eligible applicant through an application submitted by the eligible applicant under paragraph (2), the Secretary shall—
(I)
consider the value of any in-kind services that substantially contributes toward the completion of the improvement or activity, as determined by the Secretary; and
(II)
not consider any other amount that the eligible applicant receives from a Federal agency.
(iii)

Maximum amount.—
The amount provided to an eligible applicant through a grant or other agreement under paragraph (1) shall be not more than $5,000,000.
(iv)

Operation and maintenance costs.—
The non-Federal share of the cost of operating and maintaining any infrastructure improvement that is the subject of a grant or other agreement entered into between the Secretary and an eligible applicant under paragraph (1) shall be 100 percent.
(F)

Liability.—
(i)

In general.—
Except as provided under chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”), the United States shall not be liable for monetary damages of any kind for any injury arising out of an act, omission, or occurrence that arises in relation to any facility created or improved under this section, the title of which is not held by the United States.
(ii)

Tort claims act.—
Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”).
(4)

Priority.—
In providing grants to, and entering into agreements for, projects intended to have a quantifiable water savings under this subsection, the Secretary shall give priority to projects that enhance drought resilience by benefitting the water supply and ecosystem.
(b)

Research Agreements.—
(1)

Authority of secretary.—
The Secretary may enter into 1 or more agreements with any university, nonprofit research institution, or eligible applicant to fund any research activity that is designed—
(A)
to conserve water resources;
(B)
to increase the efficiency of the use of water resources;
(C)
to restore a natural feature or use a nature-based feature to reduce water supply and demand imbalances or the risk of drought or flood; or
(D)
to enhance the management of water resources, including increasing the use of renewable energy in the management and delivery of water.
(2)

Terms and conditions of secretary.—
(A)

In general.—
An agreement entered into between the Secretary and any university, institution, or organization described in paragraph (1) shall be subject to such terms and conditions as the Secretary determines to be appropriate.
(B)

Availability.—
The agreements under this subsection shall be available to all Reclamation projects and programs that may benefit from project-specific or programmatic cooperative research and development.
(c)

Mutual Benefit.—
Grants or other agreements made under this section may be for the mutual benefit of the United States and the entity that is provided the grant or enters into the cooperative agreement.
(d)

Relationship to Project-Specific Authority.—
This section shall not supersede any existing project-specific funding authority.
(e)3

Authorization of Appropriations.—
There is authorized to be appropriated to carry out this section $920,000,000, to remain available until expended.
^3
Public Law 116-260 provides for two discrepant amendatory instructions for subsection (e): Section 203 of division D struck “$530,000,000” and inserted “$610,000,000”, but section 1106(d) of division FF attempted to strike “$530,000,000” and insert “$700,000,000, subject to the condition that $50,000,000 of that amount shall be used to carry out section 206 of the Energy and Water Development and Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113-235).”.
A subsequent amendment to subsection (e), made by section 203 of division D of Public Law 117-103, to strike “$610,000,000” and insert “$750,000,000” was carried out by executing the first of the two amendments made by Public Law 116-260 in order to reflect the probable intent of Congress.
A subsequent amendment to subsection (e), made by section 203 of division D of Public Law 117-328, to strike “$750,000,000” and insert “$820,000,000” (as shown above) was carried out by executing the first of the two amendments made by Public Law 116-260 in order to reflect the probable intent of Congress.
A subsequent amendment to subsection (e), made by section 203 of division D of Public Law 118-42, to strike “$820,000,000” and insert “$920,000,000” (as shown above) was carried out by executing the first of the two amendments made by Public Law 116-260 in order to reflect the probable intent of Congress.
SEC. 9505.
[42 U.S.C. 10365]

HYDROELECTRIC POWER ASSESSMENT
(a)

Duty of Secretary of Energy.—
The Secretary of Energy, in consultation with the Administrator of each Federal Power Marketing Administration, shall assess each effect of, and risk resulting from, global climate change with respect to water supplies that are required for the generation of hydroelectric power at each Federal water project that is applicable to a Federal Power Marketing Administration.
(b)

Access to Appropriate Data.—
(1)

In general.—
In carrying out each assessment under subsection (a), the Secretary of Energy shall consult with the United States Geological Survey, the National Oceanic and Atmospheric Administration, the program, and each appropriate State water resource agency, to ensure that the Secretary of Energy has access to the best available scientific information with respect to presently observed impacts and projected future impacts of global climate change on water supplies that are used to produce hydroelectric power.
(2)

Access to data for certain assessments.—
In carrying out each assessment under subsection (a), with respect to the Bonneville Power Administration and the Western Area Power Administration, the Secretary of Energy shall consult with the Commissioner to access data and other information that—
(A)
is collected by the Commissioner; and
(B)
the Secretary of Energy determines to be necessary for the conduct of the assessment.
(c)

Report.—
Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary of Energy shall submit to the appropriate committees of Congress a report that describes—
(1)
each effect of, and risk resulting from, global climate change with respect to—
(A)
water supplies used for hydroelectric power generation; and
(B)
power supplies marketed by each Federal Power Marketing Administration, pursuant to—
(i)
long-term power contracts;
(ii)
contingent capacity contracts; and
(iii)
short-term sales; and
(2)
each recommendation of the Administrator of each Federal Power Marketing Administration relating to any change in any operation or contracting practice of each Federal Power Marketing Administration to address each effect and risk described in paragraph (1), including the use of purchased power to meet long-term commitments of each Federal Power Marketing Administration.
(d)

Authority.—
The Secretary of Energy may enter into contracts, grants, or other agreements with appropriate entities to carry out this section.
(e)

Costs.—
(1)

Nonreimbursable.—
Any costs incurred by the Secretary of Energy in carrying out this section shall be nonreimbursable.
(2)

PMA costs.—
Each Federal Power Marketing Administration shall incur costs in carrying out this section only to the extent that appropriated funds are provided by the Secretary of Energy for that purpose.
(f)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2009 through 2023, to remain available until expended.
SEC. 9506.
[42 U.S.C. 10366]

CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL PANEL.
(a)

Establishment.—
The Secretary and the Administrator shall establish and lead a climate change and water intragovernmental panel—
(1)
to review the current scientific understanding of each impact of global climate change on the quantity and quality of freshwater resources of the United States; and
(2)
to develop any strategy that the panel determines to be necessary to improve observational capabilities, expand data acquisition, or take other actions—
(A)
to increase the reliability and accuracy of modeling and prediction systems to benefit water managers at the Federal, State, and local levels; and
(B)
to increase the understanding of the impacts of climate change on aquatic ecosystems.
(b)

Membership.—
The panel shall be comprised of—
(1)
the Secretary;
(2)
the Director;
(3)
the Administrator;
(4)
the Secretary of Agriculture (acting through the Under Secretary for Natural Resources and Environment);
(5)
the Commissioner;
(6)
the Secretary of the Army, acting through the Chief of Engineers;
(7)
the Administrator of the Environmental Protection Agency; and
(8)
the Secretary of Energy.
(c)

Review Elements.—
In conducting the review and developing the strategy under subsection (a), the panel shall consult with State water resource agencies, the Advisory Committee, drinking water utilities, water research organizations, and relevant water user, environmental, and other nongovernmental organizations—
(1)
to assess the extent to which the conduct of measures of streamflow, groundwater levels, soil moisture, evapotranspiration rates, evaporation rates, snowpack levels, precipitation amounts, flood risk, and glacier mass is necessary to improve the understanding of the Federal Government and the States with respect to each impact of global climate change on water resources;
(2)
to identify data gaps in current water monitoring networks that must be addressed to improve the capability of the Federal Government and the States to measure, analyze, and predict changes to the quality and quantity of water resources, including flood risks, that are directly or indirectly affected by global climate change;
(3)
to establish data management and communication protocols and standards to increase the quality and efficiency by which each Federal agency acquires and reports relevant data;
(4)
to consider options for the establishment of a data portal to enhance access to water resource data—
(A)
relating to each nationally significant freshwater watershed and aquifer located in the United States; and
(B)
that is collected by each Federal agency and any other public or private entity for each nationally significant freshwater watershed and aquifer located in the United States;
(5)
to facilitate the development of hydrologic and other models to integrate data that reflects groundwater and surface water interactions; and
(6)
to apply the hydrologic and other models developed under paragraph (5) to water resource management problems identified by the panel, including the need to maintain or improve ecological resiliency at watershed and aquifer system scales.
(d)

Report.—
Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that describes the review conducted, and the strategy developed, by the panel under subsection (a).
(e)

Demonstration, research, and methodology development projects.—
(1)

Authority of secretary.—
The Secretary, in consultation with the panel and the Advisory Committee, may provide grants to, or enter into any contract, cooperative agreement, interagency agreement, or other transaction with, an appropriate entity to carry out any demonstration, research, or methodology development project that the Secretary determines to be necessary to assist in the implementation of the strategy developed by the panel under subsection (a)(2).
(2)

Requirements.—
(A)

Maximum amount of federal share.—
The Federal share of the cost of any demonstration, research, or methodology development project that is the subject of any grant, contract, cooperative agreement, interagency agreement, or other transaction entered into between the Secretary and an appropriate entity under paragraph (1) shall not exceed $1,000,000.
(B)

Report.—
An appropriate entity that receives funds from a grant, contract, cooperative agreement, interagency agreement, or other transaction entered into between the Secretary and the appropriate entity under paragraph (1) shall submit to the Secretary a report describing the results of the demonstration, research, or methodology development project conducted by the appropriate entity.
(f)

Authorization of Appropriations.—
(1)

In general.—
There is authorized to be appropriated to carry out subsections (a) through (d) $2,000,000 for each of fiscal years 2009 through 2011, to remain available until expended.
(2)

Demonstration, Research, and Methodology Development Projects.—
There is authorized to be appropriated to carry out subsection (e) $10,000,000 for the period of fiscal years 2009 through 2013, to remain available until expended.
SEC. 9507.
[42 U.S.C. 10367]

WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL SURVEY.
(a)

Federal Priority Streamgage Program.—
(1)

In general.—
The Secretary, in consultation with the Advisory Committee and the Panel and consistent with this section, shall proceed with implementation of the Federal priority streamgage program.
(2)

Requirements.—
In conducting the Federal priority streamgage program, the Secretary shall—
(A)
measure streamflow and related environmental variables in nationally significant watersheds—
(i)
in a reliable and continuous manner; and
(ii)
to develop a comprehensive source of information on which public and private decisions relating to the management of water resources may be based;
(B)
provide for a better understanding of hydrologic extremes (including floods and droughts) through the conduct of intensive data collection activities during and following hydrologic extremes;
(C)
establish a base network that provides resources that are necessary for—
(i)
the monitoring of long-term changes in streamflow; and
(ii)
the conduct of assessments to determine the extent to which each long-term change monitored under clause (i) is related to global climate change;
(D)
integrate the Federal priority streamgage program with data collection activities of Federal agencies and appropriate State water resource agencies (including the National Integrated Drought Information System)—
(i)
to enhance the comprehensive understanding of water availability;
(ii)
to improve flood-hazard assessments;
(iii)
to identify any data gap with respect to water resources; and
(iv)
to improve hydrologic forecasting; and
(E)
incorporate principles of adaptive management in the conduct of periodic reviews of information collected under the Federal priority streamgage program to assess whether the objectives of the Federal priority streamgage program are being adequately addressed.
(3)

Improved methodologies.—
The Secretary shall—
(A)
improve methodologies relating to the analysis and delivery of data; and
(B)
investigate, develop, and implement new methodologies and technologies to estimate or measure streamflow in a more cost-efficient manner.
(4)

Network enhancement.—
(A)

In general.—
Not later than 10 years after the date of enactment of this Act4, in accordance with subparagraph (B), the Secretary shall—
^4
The phrase “after the date of enactment of this Act” in paragraph (4)(A) probably should be “after March 30, 2023”. The amendment by section 2(1)(D(i) of Public Law 118-174 attempts to amend this provision by striking “2009” and inserting “2023”, however, it could not be carried out because “2009” does not appear in law.
(i)
increase the number of streamgages funded by the national streamflow information program to a quantity of not less than 4,700 sites; and
(ii)
ensure all streamgages are flood-hardened and equipped with precipitation water-quality sensors and modernized telemetry.
(B)

Requirements of sites.—
Each site described in subparagraph (A) shall conform with the National Streamflow Information Program plan as reviewed by the National Research Council.5
^5
Section 2(1)(D(ii) of Public Law 118-174 attempts to amend paragraph (4)(B) by striking “National Streamflow Information Program as reviewed by the National Research Council.” and inserting “
Federal needs established through regular solicitation of feedback, such as that documented in the report titled ‘
Re-prioritization of the U.S. Geological Survey Federal Priority streamgage program, 2022
’ (Open-file Report 2023-1032).
”. Such amendment should have been made to strike “National Streamflow Information Program plan as reviewed by the National Research Council.”.
Also, the quoted title of the report in the inserted matter probably should be “Re-prioritization of the U.S. Geological Survey Federal Priority Streamgage Network, 2022”.
(5)

Federal share.—
The Federal share of the Federal priority streamgage network established pursuant to this subsection shall be 100 percent of the cost of carrying out the Federal priority streamgage network.
(6)

Authorization of Appropriations.—
(A)

In general.—
Except as provided in subparagraph (B), there are authorized to be appropriated such sums as are necessary to operate the Federal priority streamgage program for the period of fiscal years 2009 through 2028, to remain available until expended.
(B)

Network enhancement funding.—
There is authorized to be appropriated to carry out the network enhancements described in paragraph (4) $10,000,000 for each of fiscal years 2009 through 2028, to remain available until expended.
(b)

National Groundwater Resources Monitoring.—
(1)

In general.—
The Secretary shall develop a systematic groundwater monitoring program for each major aquifer system located in the United States.
(2)

Program Elements.—
In developing the monitoring program described in paragraph (1), the Secretary shall—
(A)
establish appropriate criteria for monitoring wells to ensure the acquisition of long-term, high-quality data sets, including, to the maximum extent possible, the inclusion of real-time instrumentation and reporting;
(B)
in coordination with the Advisory Committee and State and local water resource agencies and Tribes—
(i)
assess the current scope of groundwater monitoring based on the access availability and capability of each monitoring well in existence as of the date of enactment of this Act; and
(ii)
develop and carry out a monitoring plan that maximizes coverage for each major aquifer system that is located in the United States; and
(C)
prior to initiating any specific monitoring activities within a State or Tribal lands after the date of enactment of this Act, consult and coordinate with the applicable State water resource agency or Tribe with jurisdiction over the aquifer that is the subject of the monitoring activities, and comply with all applicable laws (including regulations) of the State.
(3)

Program objectives.—
In carrying out the monitoring program described in paragraph (1), the Secretary shall—
(A)
provide data that is necessary for the improvement of understanding with respect to surface water and groundwater interactions;
(B)
by expanding the network of monitoring wells to reach each climate division, support the groundwater climate response network to improve the understanding of the effects of global climate change on groundwater recharge and availability; and
(C)
support the objectives of the assessment program.
(4)

Improved methodologies.—
The Secretary shall—
(A)
improve methodologies relating to the analysis and delivery of data; and
(B)
investigate, develop, and implement new methodologies and technologies to estimate or measure groundwater recharge, discharge, and storage in a more cost-efficient manner.
(5)

Federal share.—
The Federal share of the monitoring program described in paragraph (1) may be 100 percent of the cost of carrying out the monitoring program.
(6)

Priority.—
In selecting monitoring activities consistent with the monitoring program described in paragraph (1), the Secretary shall give priority to those activities for which a State, a Tribe or local governmental entity agrees to provide for a substantial share of the cost of establishing or operating a monitoring well or other measuring device to carry out a monitoring activity.
(7)

Authorization of Appropriations.—
There are authorized to be appropriated $4,000,000 per fiscal year to carry out this subsection for the period of fiscal years 2023 through 2028, to remain available until expended.
(c)

Improved Water Estimation, Measurement, and Monitoring Technologies.—
(1)

Authority of secretary.—
The Secretary may provide grants on a nonreimbursable basis to appropriate entities with expertise in water resource data acquisition and reporting, including Federal agencies, the Water Resources Research Institutes and other academic institutions, and private entities, to—
(A)
investigate, develop, and implement new methodologies and technologies to estimate or measure water resources data in a cost-efficient manner; and
(B)
improve methodologies relating to the analysis and delivery of data.
(2)

Priority.—
In providing grants to appropriate entities under paragraph (1), the Secretary shall give priority to appropriate entities that propose the development of new methods and technologies for—
(A)
predicting and measuring streamflows;
(B)
estimating changes in the storage of groundwater;
(C)
improving data standards and methods of analysis (including the validation of data entered into geographic information system databases);
(D)
measuring precipitation and potential evapotranspiration; and
(E)
water withdrawals, return flows, and consumptive use.
(3)

Partnerships.—
In recognition of the value of collaboration to foster innovation and enhance research and development efforts, the Secretary shall encourage partnerships, including public-private partnerships, between and among Federal agencies, academic institutions, and private entities to promote the objectives described in paragraph (1).
(4)

Authorization of Appropriations.—
There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2009 through 2028.
SEC. 9508.
[42 U.S.C. 10368]

NATIONAL WATER AVAILABILITY AND USE ASSESSMENT PROGRAM.
(a)

Establishment.—
The Secretary, in coordination with the Advisory Committee and State and local water resource agencies, shall establish a national assessment program to be known as the “national water availability and use assessment program”—
(1)
to provide a more accurate assessment of the status of the water resources of the United States;
(2)
to assist in the determination of the quantity of water that is available for beneficial uses;
(3)
to assist in the determination of the quality of the water resources of the United States;
(4)
to identify long-term trends in water availability;
(5)
to use each long-term trend described in paragraph (4) to provide a more accurate assessment of the change in the availability of water in the United States; and
(6)
to develop the basis for an improved ability to forecast the availability of water for future economic, energy production, and environmental uses.
(b)

Program Elements.—
(1)

Water use.—
In carrying out the assessment program, the Secretary shall conduct any appropriate activity to carry out an ongoing assessment of water use in hydrologic accounting units and major aquifer systems located in the United States, including—
(A)
the maintenance of a comprehensive national water use inventory to enhance the level of understanding with respect to the effects of spatial and temporal patterns of water use on the availability and sustainable use of water resources;
(B)
the incorporation of water use science principles, with an emphasis on applied research and statistical estimation techniques in the assessment of water use;
(C)
the integration of any dataset maintained by any other Federal or State agency into the dataset maintained by the Secretary; and
(D)
a focus on the scientific integration of any data relating to water use, water flow, or water quality to generate relevant information relating to the impact of human activity on water and ecological resources.
(2)

Water availability.—
In carrying out the assessment program, the Secretary shall conduct an ongoing assessment of water availability by—
(A)
developing and evaluating nationally consistent indicators that reflect each status and trend relating to the availability of water resources in the United States, including—
(i)
surface water indicators, such as streamflow and surface water storage measures (including lakes, reservoirs, perennial snowfields, and glaciers);
(ii)
groundwater indicators, including groundwater level measurements and changes in groundwater levels due to—
(I)
natural recharge;
(II)
withdrawals;
(III)
saltwater intrusion;
(IV)
mine dewatering;
(V)
land drainage;
(VI)
artificial recharge; and
(VII)
other relevant factors, as determined by the Secretary; and
(iii)
impaired surface water and groundwater supplies that are known, accessible, and used to meet ongoing water demands;
(B)
maintaining a national database of water availability data that—
(i)
is comprised of maps, reports, and other forms of interpreted data;
(ii)
provides electronic access to the archived data of the national database; and
(iii)
provides for real-time data collection; and
(C)
developing and applying predictive modeling tools that integrate groundwater, surface water, and ecological systems.
(c)

Grant program.—
(1)

Authority of secretary.—
The Secretary may provide grants to State water resource agencies to assist State water resource agencies in—
(A)
developing water use and availability datasets that are integrated with each appropriate dataset developed or maintained by the Secretary; or
(B)
integrating any water use or water availability dataset of the State water resource agency into each appropriate dataset developed or maintained by the Secretary.
(2)

Criteria.—
To be eligible to receive a grant under paragraph (1), a State water resource agency shall demonstrate to the Secretary that the water use and availability dataset proposed to be established or integrated by the State water resource agency—
(A)
is in compliance with each quality and conformity standard established by the Secretary to ensure that the data will be capable of integration with any national dataset; and
(B)
will enhance the ability of the officials of the State or the State water resource agency to carry out each water management and regulatory responsibility of the officials of the State in accordance with each applicable law of the State.
(3)

Maximum amount.—
The amount of a grant provided to a State water resource agency under paragraph (1) shall be an amount not more than $250,000.
(d)

Report.—
Not later than December 31, 2012, and every 5 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report that provides a detailed assessment of—
(1)
the current availability of water resources in the United States, including—
(A)
historic trends and annual updates of river basin inflows and outflows;
(B)
surface water storage;
(C)
groundwater reserves; and
(D)
estimates of undeveloped potential resources (including saline and brackish water and wastewater);
(2)
significant trends affecting water availability, including each documented or projected impact to the availability of water as a result of global climate change;
(3)
the withdrawal and use of surface water and groundwater by various sectors, including—
(A)
the agricultural sector;
(B)
municipalities;
(C)
the industrial sector;
(D)
thermoelectric power generators; and
(E)
hydroelectric power generators;
(4)
significant trends relating to each water use sector, including significant changes in water use due to the development of new energy supplies;
(5)
significant water use conflicts or shortages that have occurred or are occurring; and
(6)
each factor that has caused, or is causing, a conflict or shortage described in paragraph (5).
(e)

Authorization of Appropriations.—
(1)

In general.—
There is authorized to be appropriated to carry out subsections (a), (b), and (d) $20,000,000 for each of fiscal years 2009 through 2023, to remain available until expended.
(2)

Grant Program.—
There is authorized to be appropriated to carry out subsection (c) $12,500,000 for the period of fiscal years 2009 through 2013, to remain available until expended.
SEC. 9509.
[42 U.S.C. 10369]

RESEARCH AGREEMENT AUTHORITY.
The Secretary may enter into contracts, grants, or cooperative agreements, for periods not to exceed 5 years, to carry out research within the Bureau of Reclamation.
SEC. 9510.
[42 U.S.C. 10370]

EFFECT.
(a)

In general.—
Nothing in this subtitle supersedes or limits any existing authority provided, or responsibility conferred, by any provision of law.
(b)

Effect on State Water Law.—
(1)

In general.—
Nothing in this subtitle preempts or affects any—
(A)
State water law; or
(B)
interstate compact governing water.
(2)

Compliance required.—
The Secretary shall comply with applicable State water laws in carrying out this subtitle.
TITLE X—

WATER SETTLEMENTS
Subtitle A—

San Joaquin River Restoration Settlement
* * * * * * *
PART I—

SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT
SEC. 10001.

SHORT TITLE.
This part may be cited as the “San Joaquin River Restoration Settlement Act”.
SEC. 10002.

PURPOSE.
The purpose of this part is to authorize implementation of the Settlement.
SEC. 10003.

DEFINITIONS.
In this part:
(1)
The terms “Friant Division long-term contractors”, “Interim Flows”, “Restoration Flows”, “Recovered Water Account”, “Restoration Goal”, and “Water Management Goal” have the meanings given the terms in the Settlement.
(2)
The term “Secretary” means the Secretary of the Interior.
(3)
The term “Settlement” means the Stipulation of Settlement dated September 13, 2006, in the litigation entitled Natural Resources Defense Council, et al. v. Kirk Rodgers, et al., United States District Court, Eastern District of California, No. CIV. S-88-1658-LKK/GGH.
SEC. 10004.

IMPLEMENTATION OF SETTLEMENT.
(a)

In General.—
The Secretary of the Interior is hereby authorized and directed to implement the terms and conditions of the Settlement in cooperation with the State of California, including the following measures as these measures are prescribed in the Settlement:
(1)
Design and construct channel and structural improvements as described in paragraph 11 of the Settlement, provided, however, that the Secretary shall not make or fund any such improvements to facilities or property of the State of California without the approval of the State of California and the State’s agreement in 1 or more memoranda of understanding to participate where appropriate.
(2)
Modify Friant Dam operations so as to provide Restoration Flows and Interim Flows.
(3)
Acquire water, water rights, or options to acquire water as described in paragraph 13 of the Settlement, provided, however, such acquisitions shall only be made from willing sellers and not through eminent domain.
(4)
Implement the terms and conditions of paragraph 16 of the Settlement related to recirculation, recapture, reuse, exchange, or transfer of water released for Restoration Flows or Interim Flows, for the purpose of accomplishing the Water Management Goal of the Settlement, subject to—
(A)
applicable provisions of California water law;
(B)
the Secretary’s use of Central Valley Project facilities to make Project water (other than water released from Friant Dam pursuant to the Settlement) and water acquired through transfers available to existing south-of-Delta Central Valley Project contractors; and
(C)
the Secretary’s performance of the Agreement of November 24, 1986, between the United States of America and the Department of Water Resources of the State of California for the coordinated operation of the Central Valley Project and the State Water Project as authorized by Congress in section 2(d) of the Act of August 26, 1937 (50 Stat. 850, 100 Stat. 3051), including any agreement to resolve conflicts arising from said Agreement.
(5)
Develop and implement the Recovered Water Account as specified in paragraph 16(b) of the Settlement, including the pricing and payment crediting provisions described in paragraph 16(b)(3) of the Settlement, provided that all other provisions of Federal reclamation law shall remain applicable.
(b)

Agreements.—
(1)

Agreements with the state.—
In order to facilitate or expedite implementation of the Settlement, the Secretary is authorized and directed to enter into appropriate agreements, including cost-sharing agreements, with the State of California.
(2)

Other agreements.—
The Secretary is authorized to enter into contracts, memoranda of understanding, financial assistance agreements, cost sharing agreements, and other appropriate agreements with State, tribal, and local governmental agencies, and with private parties, including agreements related to construction, improvement, and operation and maintenance of facilities, subject to any terms and conditions that the Secretary deems necessary to achieve the purposes of the Settlement.
(c)

Acceptance and Expenditure of Non-Federal Funds.—
The Secretary is authorized to accept and expend non-Federal funds in order to facilitate implementation of the Settlement.
(d)

Mitigation of Impacts.—
Prior to the implementation of decisions or agreements to construct, improve, operate, or maintain facilities that the Secretary determines are needed to implement the Settlement, the Secretary shall identify—
(1)
the impacts associated with such actions; and
(2)
the measures which shall be implemented to mitigate impacts on adjacent and downstream water users and landowners.
(e)

Design and Engineering Studies.—
The Secretary is authorized to conduct any design or engineering studies that are necessary to implement the Settlement.
(f)

Effect on Contract Water Allocations.—
Except as otherwise provided in this section, the implementation of the Settlement and the reintroduction of California Central Valley Spring Run Chinook salmon pursuant to the Settlement and section 10011, shall not result in the involuntary reduction in contract water allocations to Central Valley Project long-term contractors, other than Friant Division long-term contractors.
(g)

Effect on Existing Water Contracts.—
Except as provided in the Settlement and this part, nothing in this part shall modify or amend the rights and obligations of the parties to any existing water service, repayment, purchase, or exchange contract.
(h)

Interim Flows.—
(1)

Study required.—
Prior to releasing any Interim Flows under the Settlement, the Secretary shall prepare an analysis in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including at a minimum—
(A)
an analysis of channel conveyance capacities and potential for levee or groundwater seepage;
(B)
a description of the associated seepage monitoring program;
(C)
an evaluation of—
(i)
possible impacts associated with the release of Interim Flows; and
(ii)
mitigation measures for those impacts that are determined to be significant;
(D)
a description of the associated flow monitoring program; and
(E)
an analysis of the likely Federal costs, if any, of any fish screens, fish bypass facilities, fish salvage facilities, and related operations on the San Joaquin River south of the confluence with the Merced River required under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) as a result of the Interim Flows.
(2)

Conditions for release.—
The Secretary is authorized to release Interim Flows to the extent that such flows would not—
(A)
impede or delay completion of the measures specified in Paragraph 11(a) of the Settlement; or
(B)
exceed existing downstream channel capacities.
(3)

Seepage impacts.—
The Secretary shall reduce Interim Flows to the extent necessary to address any material adverse impacts to third parties from groundwater seepage caused by such flows that the Secretary identifies based on the monitoring program of the Secretary.
(4)

Temporary fish barrier program.—
The Secretary, in consultation with the California Department of Fish and Game, shall evaluate the effectiveness of the Hills Ferry barrier in preventing the unintended upstream migration of anadromous fish in the San Joaquin River and any false migratory pathways. If that evaluation determines that any such migration past the barrier is caused by the introduction of the Interim Flows and that the presence of such fish will result in the imposition of additional regulatory actions against third parties, the Secretary is authorized to assist the Department of Fish and Game in making improvements to the barrier. From funding made available in accordance with section 10009, if third parties along the San Joaquin River south of its confluence with the Merced River are required to install fish screens or fish bypass facilities due to the release of Interim Flows in order to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary shall bear the costs of the installation of such screens or facilities if such costs would be borne by the Federal Government under section 10009(a)(3), except to the extent that such costs are already or are further willingly borne by the State of California or by the third parties.
(i)

Funding Availability.—
(1)

In general.—
Funds shall be collected in the San Joaquin River Restoration Fund through October 1, 2019, and thereafter, with substantial amounts available through October 1, 2019, pursuant to section 10009 for implementation of the Settlement and parts I and III, including—
(A)
$88,000,000, to be available without further appropriation pursuant to section 10009(c)(2);
(B)
additional amounts authorized to be appropriated, including the charges required under section 10007 and an estimated $20,000,000 from the CVP Restoration Fund pursuant to section 10009(b)(2); and
(C)
an aggregate commitment of at least $200,000,000 by the State of California.
(2)

Additional amounts.—
Substantial additional amounts from the San Joaquin River Restoration Fund shall become available without further appropriation after October 1, 2019, pursuant to section 10009(c)(2).
(3)

Effect of subsection.—
Nothing in this subsection limits the availability of funds authorized for appropriation pursuant to section 10009(b) or 10203(c).
(j)

San Joaquin River Exchange Contract.—
Subject to section 10006(b), nothing in this part shall modify or amend the rights and obligations under the Purchase Contract between Miller and Lux and the United States and the Second Amended Exchange Contract between the United States, Department of the Interior, Bureau of Reclamation and Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District and Columbia Canal Company.
SEC. 10005.

ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO FACILITIES.
(a)

Title to Facilities.—
Unless acquired pursuant to subsection (b), title to any facility or facilities, stream channel, levees, or other real property modified or improved in the course of implementing the Settlement authorized by this part, and title to any modifications or improvements of such facility or facilities, stream channel, levees, or other real property—
(1)
shall remain in the owner of the property; and
(2)
shall not be transferred to the United States on account of such modifications or improvements.
(b)

Acquisition of Property.—
(1)

In general.—
The Secretary is authorized to acquire through purchase from willing sellers any property, interests in property, or options to acquire real property needed to implement the Settlement authorized by this part.
(2)

Applicable law.—
The Secretary is authorized, but not required, to exercise all of the authorities provided in section 2 of the Act of August 26, 1937 (50 Stat. 844, chapter 832), to carry out the measures authorized in this section and section 10004.
(c)

Disposal of Property.—
(1)

In general.—
Upon the Secretary’s determination that retention of title to property or interests in property acquired pursuant to this part is no longer needed to be held by the United States for the furtherance of the Settlement, the Secretary is authorized to dispose of such property or interest in property on such terms and conditions as the Secretary deems appropriate and in the best interest of the United States, including possible transfer of such property to the State of California.
(2)

Right of first refusal.—
In the event the Secretary determines that property acquired pursuant to this part through the exercise of its eminent domain authority is no longer necessary for implementation of the Settlement, the Secretary shall provide a right of first refusal to the property owner from whom the property was initially acquired, or his or her successor in interest, on the same terms and conditions as the property is being offered to other parties.
(3)

Disposition of proceeds.—
Proceeds from the disposal by sale or transfer of any such property or interests in such property shall be deposited in the fund established by section 10009(c).
(d)

Groundwater Bank.—
Nothing in this part authorizes the Secretary to operate a groundwater bank along or adjacent to the San Joaquin River upstream of the confluence with the Merced River, and any such groundwater bank shall be operated by a non-Federal entity.
SEC. 10006.

COMPLIANCE WITH APPLICABLE LAW.
(a)

Applicable Law.—
(1)

In general.—
In undertaking the measures authorized by this part, the Secretary and the Secretary of Commerce shall comply with all applicable Federal and State laws, rules, and regulations, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as necessary.
(2)

Environmental reviews.—
The Secretary and the Secretary of Commerce are authorized and directed to initiate and expeditiously complete applicable environmental reviews and consultations as may be necessary to effectuate the purposes of the Settlement.
(b)

Effect on State Law.—
Nothing in this part shall preempt State law or modify any existing obligation of the United States under Federal reclamation law to operate the Central Valley Project in conformity with State law.
(c)

Use of Funds for Environmental Reviews.—
(1)

Definition of environmental review.—
For purposes of this subsection, the term “environmental review” includes any consultation and planning necessary to comply with subsection (a).
(2)

Participation in environmental review process.—
In undertaking the measures authorized by section 10004, and for which environmental review is required, the Secretary may provide funds made available under this part to affected Federal agencies, State agencies, local agencies, and Indian tribes if the Secretary determines that such funds are necessary to allow the Federal agencies, State agencies, local agencies, or Indian tribes to effectively participate in the environmental review process.
(3)

Limitation.—
Funds may be provided under paragraph (2) only to support activities that directly contribute to the implementation of the terms and conditions of the Settlement.
(d)

Nonreimbursable Funds.—
The United States’ share of the costs of implementing this part shall be nonreimbursable under Federal reclamation law, provided that nothing in this subsection shall limit or be construed to limit the use of the funds assessed and collected pursuant to sections 3406(c)(1) and 3407(d)(2) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721, 4727), for implementation of the Settlement, nor shall it be construed to limit or modify existing or future Central Valley Project ratesetting policies.
SEC. 10007.

COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT.
Congress hereby finds and declares that the Settlement satisfies and discharges all of the obligations of the Secretary contained in section 3406(c)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721), provided, however, that—
(1)
the Secretary shall continue to assess and collect the charges provided in section 3406(c)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721), as provided in the Settlement; and
(2)
those assessments and collections shall continue to be counted toward the requirements of the Secretary contained in section 3407(c)(2) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4726).
SEC. 10008.

NO PRIVATE RIGHT OF ACTION.
(a)

In General.—
Nothing in this part confers upon any person or entity not a party to the Settlement a private right of action or claim for relief to interpret or enforce the provisions of this part or the Settlement.
(b)

Applicable Law.—
This section shall not alter or curtail any right of action or claim for relief under any other applicable law.
SEC. 10009.

APPROPRIATIONS; SETTLEMENT FUND.
(a)

Implementation Costs.—
(1)

In general.—
The costs of implementing the Settlement shall be covered by payments or in-kind contributions made by Friant Division contractors and other non-Federal parties, including the funds provided in subparagraphs (A) through (D) of subsection (c)(1), estimated to total $440,000,000, of which the non-Federal payments are estimated to total $200,000,000 (at October 2006 price levels) and the amount from repaid Central Valley Project capital obligations is estimated to total $240,000,000, the additional Federal appropriation of $250,000,000 authorized pursuant to subsection (b)(1), and such additional funds authorized pursuant to subsection (b)(2); provided however, that the costs of implementing the provisions of section 10004(a)(1) shall be shared by the State of California pursuant to the terms of a memorandum of understanding executed by the State of California and the Parties to the Settlement on September 13, 2006, which includes at least $110,000,000 of State funds.
(2)

Additional agreements.—
(A)

In general.—
The Secretary shall enter into 1 or more agreements to fund or implement improvements on a project-by-project basis with the State of California.
(B)

Requirements.—
Any agreements entered into under subparagraph (A) shall provide for recognition of either monetary or in-kind contributions toward the State of California’s share of the cost of implementing the provisions of section 10004(a)(1).
(3)

Limitation.—
Except as provided in the Settlement, to the extent that costs incurred solely to implement this Settlement would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis.
(b)

Authorization of Appropriations.—
(1)

In general.—
In addition to the funding provided in subsection (c), there are also authorized to be appropriated not to exceed $250,000,000 (at October 2006 price levels) to implement this part and the Settlement, to be available until expended; provided however, that the Secretary is authorized to spend such additional appropriations only in amounts equal to the amount of funds deposited in the San Joaquin River Restoration Fund (not including payments under subsection (c)(1)(B) and proceeds under subsection (c)(1)(C)), the amount of in-kind contributions, and other non-Federal payments actually committed to the implementation of this part or the Settlement.
(2)

Use of the central valley project restoration fund.—
The Secretary is authorized to use monies from the Central Valley Project Restoration Fund created under section 3407 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4727) for purposes of this part in an amount not to exceed $2,000,000 (October 2006 price levels) in any fiscal year.
(c)

Fund.—
(1)

In general.—
There is hereby established within the Treasury of the United States a fund, to be known as the San Joaquin River Restoration Fund, into which the following funds shall be deposited and used solely for the purpose of implementing the Settlement except as otherwise provided in subsections (a) and (b) of section 10203:
(A)
All payments received pursuant to section 3406(c)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721).
(B)
The construction cost component (not otherwise needed to cover operation and maintenance costs) of payments made by Friant Division, Hidden Unit, and Buchanan Unit long-term contractors pursuant to long-term water service contracts or pursuant to repayment contracts, including repayment contracts executed pursuant to section 10010. The construction cost repayment obligation assigned such contractors under such contracts shall be reduced by the amount paid pursuant to this paragraph and the appropriate share of the existing Federal investment in the Central Valley Project to be recovered by the Secretary pursuant to Public Law 99-546 (100 Stat. 3050) shall be reduced by an equivalent sum.
(C)
Proceeds from the sale of water pursuant to the Settlement, or from the sale of property or interests in property as provided in section 10005.
(D)
Any non-Federal funds, including State cost-sharing funds, contributed to the United States for implementation of the Settlement, which the Secretary may expend without further appropriation for the purposes for which contributed.
(2)

Availability.—
All funds deposited into the Fund pursuant to subparagraphs (A), (B), and (C) of paragraph (1) are authorized for appropriation to implement the Settlement and this part, in addition to the authorization provided in subsections (a) and (b) of section 10203, except that $88,000,000 of such funds are available for expenditure without further appropriation; provided that after October 1, 2019, all funds in the Fund shall be available for expenditure without further appropriation.
(d)

Limitation on Contributions.—
Payments made by long-term contractors who receive water from the Friant Division and Hidden and Buchanan Units of the Central Valley Project pursuant to sections 3406(c)(1) and 3407(d)(2) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721, 4727) and payments made pursuant to paragraph 16(b)(3) of the Settlement and subsection (c)(1)(B) shall be the limitation of such entities’ direct financial contribution to the Settlement, subject to the terms and conditions of paragraph 21 of the Settlement.
(e)

No Additional Expenditures Required.—
Nothing in this part shall be construed to require a Federal official to expend Federal funds not appropriated by Congress, or to seek the appropriation of additional funds by Congress, for the implementation of the Settlement.
(f)

Reach 4B.—
(1)

Study.—
(A)

In general.—
In accordance with the Settlement and the memorandum of understanding executed pursuant to paragraph 6 of the Settlement, the Secretary shall conduct a study that specifies—
(i)
the costs of undertaking any work required under paragraph 11(a)(3) of the Settlement to increase the capacity of reach 4B prior to reinitiation of Restoration Flows;
(ii)
the impacts associated with reinitiation of such flows; and
(iii)
measures that shall be implemented to mitigate impacts.
(B)

Deadline.—
The study under subparagraph (A) shall be completed prior to restoration of any flows other than Interim Flows.
(2)

Report.—
(A)

In general.—
The Secretary shall file a report with Congress not later than 90 days after issuing a determination, as required by the Settlement, on whether to expand channel conveyance capacity to 4500 cubic feet per second in reach 4B of the San Joaquin River, or use an alternative route for pulse flows, that—
(i)
explains whether the Secretary has decided to expand Reach 4B capacity to 4500 cubic feet per second; and
(ii)
addresses the following matters:
(I)
The basis for the Secretary’s determination, whether set out in environmental review documents or otherwise, as to whether the expansion of Reach 4B would be the preferable means to achieve the Restoration Goal as provided in the Settlement, including how different factors were assessed such as comparative biological and habitat benefits, comparative costs, relative availability of State cost-sharing funds, and the comparative benefits and impacts on water temperature, water supply, private property, and local and downstream flood control.
(II)
The Secretary’s final cost estimate for expanding Reach 4B capacity to 4500 cubic feet per second, or any alternative route selected, as well as the alternative cost estimates provided by the State, by the Restoration Administrator, and by the other parties to the Settlement.
(III)
The Secretary’s plan for funding the costs of expanding Reach 4B or any alternative route selected, whether by existing Federal funds provided under this subtitle, by non-Federal funds, by future Federal appropriations, or some combination of such sources.
(B)

Determination required.—
The Secretary shall, to the extent feasible, make the determination in subparagraph (A) prior to undertaking any substantial construction work to increase capacity in reach 4B.
(3)

Costs.—
If the Secretary’s estimated Federal cost for expanding reach 4B in paragraph (2), in light of the Secretary’s funding plan set out in that paragraph, would exceed the remaining Federal funding authorized by this part (including all funds reallocated, all funds dedicated, and all new funds authorized by this part and separate from all commitments of State and other non-Federal funds and in-kind commitments), then before the Secretary commences actual construction work in reach 4B (other than planning, design, feasibility, or other preliminary measures) to expand capacity to 4500 cubic feet per second to implement this Settlement, Congress must have increased the applicable authorization ceiling provided by this part in an amount at least sufficient to cover the higher estimated Federal costs.
SEC. 10010.

REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF CONSTRUCTION COSTS.
(a)

Conversion of Contracts.—
(1)
The Secretary is authorized and directed to convert, prior to December 31, 2010, all existing long-term contracts with the following Friant Division, Hidden Unit, and Buchanan Unit contractors, entered under subsection (e) of section 9 of the Act of August 4, 1939 (53 Stat. 1196), to contracts under subsection (d) of section 9 of said Act (53 Stat. 1195), under mutually agreeable terms and conditions: Arvin-Edison Water Storage District; Delano-Earlimart Irrigation District; Exeter Irrigation District; Fresno Irrigation District; Ivanhoe Irrigation District; Lindmore Irrigation District; Lindsay-Strathmore Irrigation District; Lower Tule River Irrigation District; Orange Cove Irrigation District; Porterville Irrigation District; Saucelito Irrigation District; Shafter-Wasco Irrigation District; Southern San Joaquin Municipal Utility District; Stone Corral Irrigation District; Tea Pot Dome Water District; Terra Bella Irrigation District; Tulare Irrigation District; Madera Irrigation District; and Chowchilla Water District. Upon request of the contractor, the Secretary is authorized to convert, prior to December 31, 2010, other existing long-term contracts with Friant Division contractors entered under subsection (e) of section 9 of the Act of August 4, 1939 (53 Stat. 1196), to contracts under subsection (d) of section 9 of said Act (53 Stat. 1195), under mutually agreeable terms and conditions.
(2)
Upon request of the contractor, the Secretary is further authorized to convert, prior to December 31, 2010, any existing Friant Division long-term contract entered under subsection (c)(2) of section 9 of the Act of August 4, 1939 (53 Stat. 1194), to a contract under subsection (c)(1) of section 9 of said Act, under mutually agreeable terms and conditions.
(3)
All such contracts entered into pursuant to paragraph (1) shall—
(A)
require the repayment, either in lump sum or by accelerated prepayment, of the remaining amount of construction costs identified in the Central Valley Project Schedule of Irrigation Capital Rates by Contractor 2007 Irrigation Water Rates, dated January 25, 2007, as adjusted to reflect payments not reflected in such schedule, and properly assignable for ultimate return by the contractor, no later than January 31, 2011, or if made in approximately equal annual installments, no later than January 31, 2014; such amount to be discounted by ½ the Treasury Rate. An estimate of the remaining amount of construction costs as of January 31, 2011, as adjusted, shall be provided by the Secretary to each contractor no later than June 30, 2010;
(B)
require that, notwithstanding subsection (c)(2), construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the schedule referenced in subparagraph (A), and properly assignable to such contractor, shall be repaid in not more than 5 years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversions under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid as provided by applicable Reclamation law, provided that the reference to the amount of $5,000,000 shall not be a precedent in any other context;
(C)
provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract; and
(D)
conform to the Settlement and this part and shall continue so long as the contractor pays applicable charges, consistent with subsection (c)(2) and applicable law.
(4)
All such contracts entered into pursuant to paragraph (2) shall—
(A)
require the repayment in lump sum of the remaining amount of construction costs identified in the most current version of the Central Valley Project Schedule of Municipal and Industrial Water Rates, as adjusted to reflect payments not reflected in such schedule, and properly assignable for ultimate return by the contractor, no later than January 31, 2014. An estimate of the remaining amount of construction costs as of January 31, 2014, as adjusted, shall be provided by the Secretary to each contractor no later than June 30, 2013;
(B)
require that, notwithstanding subsection (c)(2), construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the schedule referenced in subparagraph (A), and properly assignable to such contractor, shall be repaid in not more than 5 years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversions under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid as provided by applicable Reclamation law, provided that the reference to the amount of $5,000,000 shall not be a precedent in any other context; and
(C)
conform to the Settlement and this part and shall continue so long as the contractor pays applicable charges, consistent with subsection (c)(2) and applicable law.
(b)

Final Adjustment.—
The amounts paid pursuant to subsection (a) shall be subject to adjustment following a final cost allocation by the Secretary upon completion of the construction of the Central Valley Project. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor, the contractor shall be obligated to pay the remaining allocated costs. The term of such additional repayment contract shall be no less than 1 year and no more than 10 years, however, mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid, the Secretary is authorized and directed to credit such overpayment as an offset against any outstanding or future obligation of the contractor.
(c)

Applicability of Certain Provisions.—
(1)
Notwithstanding any repayment obligation under subsection (a)(3)(B) or subsection (b), upon a contractor’s compliance with and discharge of the obligation of repayment of the construction costs as provided in subsection (a)(3)(A), the provisions of section 213(a) and (b) of the Reclamation Reform Act of 1982 (96 Stat. 1269) shall apply to lands in such district.
(2)
Notwithstanding any repayment obligation under paragraph (3)(B) or (4)(B) of subsection (a), or subsection (b), upon a contractor’s compliance with and discharge of the obligation of repayment of the construction costs as provided in paragraphs (3)(A) and (4)(A) of subsection (a), the Secretary shall waive the pricing provisions of section 3405(d) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575) for such contractor, provided that such contractor shall continue to pay applicable operation and maintenance costs and other charges applicable to such repayment contracts pursuant to the then-current rate-setting policy and applicable law.
(3)
Provisions of the Settlement applying to Friant Division, Hidden Unit, and Buchanan Unit long-term water service contracts shall also apply to contracts executed pursuant to this section.
(d)

Reduction of Charge for Those Contracts Converted Pursuant to Subsection (a)(1).—
(1)
At the time all payments by the contractor required by subsection (a)(3)(A) have been completed, the Secretary shall reduce the charge mandated in section 10007(1) of this part, from 2020 through 2039, to offset the financing costs as defined in section 10010(d)(3). The reduction shall be calculated at the time all payments by the contractor required by subsection (a)(3)(A) have been completed. The calculation shall remain fixed from 2020 through 2039 and shall be based upon anticipated average annual water deliveries, as mutually agreed upon by the Secretary and the contractor, for the period from 2020 through 2039, and the amounts of such reductions shall be discounted using the Treasury Rate; provided, that such charge shall not be reduced to less than $4.00 per acre foot of project water delivered; provided further, that such reduction shall be implemented annually unless the Secretary determines, based on the availability of other monies, that the charges mandated in section 10007(1) are otherwise needed to cover ongoing federal costs of the Settlement, including any federal operation and maintenance costs of facilities that the Secretary determines are needed to implement the Settlement. If the Secretary determines that such charges are necessary to cover such ongoing federal costs, the Secretary shall, instead of making the reduction in such charges, reduce the contractor’s operation and maintenance obligation by an equivalent amount, and such amount shall not be recovered by the United States from any Central Valley Project contractor, provided nothing herein shall affect the obligation of the contractor to make payments pursuant to a transfer agreement with a non-federal operating entity.
(2)
If the calculated reduction in paragraph (1), taking into consideration the minimum amount required, does not result in the contractor offsetting its financing costs, the Secretary is authorized and directed to reduce, after October 1, 2019, any outstanding or future obligations of the contractor to the Bureau of Reclamation, other than the charge assessed and collected under section 3407(d) of Public law 102-575, by the amount of such deficiency, with such amount indexed to 2020 using the Treasury Rate and such amount shall not be recovered by the United States from any Central Valley Project contractor, provided nothing herein shall affect the obligation of the contractor to make payments pursuant to a transfer agreement with a non-Federal operating entity.
(3)
Financing costs, for the purposes of this subsection, shall be computed as the difference of the net present value of the construction cost identified in subsection (a)(3)(A) using the full Treasury Rate as compared to using one half of the Treasury Rate and applying those rates against a calculated average annual capital repayment through 2030.
(4)
Effective in 2040, the charge shall revert to the amount called for in section 10007(1) of this part.
(5)
For purposes of this section, “Treasury Rate” shall be defined as the 20 year Constant Maturity Treasury (CMT) rate published by the United States Department of the Treasury as of October 1, 2010.
(e)

Satisfaction of Certain Provisions.—
(1)

In general.—
Upon the first release of Interim Flows or Restoration Flows, pursuant to paragraphs 13 or 15 of the Settlement, any short- or long-term agreement, to which 1 or more long-term Friant Division, Hidden Unit, or Buchanan Unit contractor that converts its contract pursuant to subsection (a) is a party, providing for the transfer or exchange of water not released as Interim Flows or Restoration Flows shall be deemed to satisfy the provisions of subsection 3405(a)(1)(A) and (I) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575) without the further concurrence of the Secretary as to compliance with said subsections if the contractor provides, not later than 90 days before commencement of any such transfer or exchange for a period in excess of 1 year, and not later than 30 days before commencement of any proposed transfer or exchange with duration of less than 1 year, written notice to the Secretary stating how the proposed transfer or exchange is intended to reduce, avoid, or mitigate impacts to water deliveries caused by the Interim Flows or Restoration Flows or is intended to otherwise facilitate the Water Management Goal, as described in the Settlement. The Secretary shall promptly make such notice publicly available.
(2)

Determination of reductions to water deliveries.—
Water transferred or exchanged under an agreement that meets the terms of this subsection shall not be counted as a replacement or an offset for purposes of determining reductions to water deliveries to any Friant Division long-term contractor except as provided in paragraph 16(b) of the Settlement. The Secretary shall, at least annually, make publicly available a compilation of the number of transfer or exchange agreements exercising the provisions of this subsection to reduce, avoid, or mitigate impacts to water deliveries caused by the Interim Flows or Restoration Flows or to facilitate the Water Management Goal, as well as the volume of water transferred or exchanged under such agreements.
(3)

State law.—
Nothing in this subsection alters State law or permit conditions, including any applicable geographical restrictions on the place of use of water transferred or exchanged pursuant to this subsection.
(f)

Certain Repayment Obligations Not Altered.—
Implementation of the provisions of this section shall not alter the repayment obligation of any other long-term water service or repayment contractor receiving water from the Central Valley Project, or shift any costs that would otherwise have been properly assignable to the Friant contractors absent this section, including operations and maintenance costs, construction costs, or other capitalized costs incurred after the date of enactment of this Act, to other such contractors.
(g)

Statutory Interpretation.—
Nothing in this part shall be construed to affect the right of any Friant Division, Hidden Unit, or Buchanan Unit long-term contractor to use a particular type of financing to make the payments required in paragraph (3)(A) or (4)(A) of subsection (a).
SEC. 10011.

CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK SALMON.
(a)

Finding.—
Congress finds that the implementation of the Settlement to resolve 18 years of contentious litigation regarding restoration of the San Joaquin River and the reintroduction of the California Central Valley Spring Run Chinook salmon is a unique and unprecedented circumstance that requires clear expressions of Congressional intent regarding how the provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are utilized to achieve the goals of restoration of the San Joaquin River and the successful reintroduction of California Central Valley Spring Run Chinook salmon.
(b)

Reintroduction in the San Joaquin River.—
California Central Valley Spring Run Chinook salmon shall be reintroduced in the San Joaquin River below Friant Dam pursuant to section 10(j) of the Endangered Species Act of 1973 (16 U.S.C. 1539(j)) and the Settlement, provided that the Secretary of Commerce finds that a permit for the reintroduction of California Central Valley Spring Run Chinook salmon may be issued pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(A)).
(c)

Final Rule.—
(1)

Definition of third party.—
For the purpose of this subsection, the term “third party” means persons or entities diverting or receiving water pursuant to applicable State and Federal laws and shall include Central Valley Project contractors outside of the Friant Division of the Central Valley Project and the State Water Project.
(2)

Issuance.—
The Secretary of Commerce shall issue a final rule pursuant to section 4(d) of the Endangered Species Act of 1973 (16 U.S.C. 1533(d)) governing the incidental take of reintroduced California Central Valley Spring Run Chinook salmon prior to the reintroduction.
(3)

Required components.—
The rule issued under paragraph (2) shall provide that the reintroduction will not impose more than de minimus: water supply reductions, additional storage releases, or bypass flows on unwilling third parties due to such reintroduction.
(4)

Applicable law.—
Nothing in this section—
(A)
diminishes the statutory or regulatory protections provided in the Endangered Species Act of 1973 for any species listed pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) other than the reintroduced population of California Central Valley Spring Run Chinook salmon, including protections pursuant to existing biological opinions or new biological opinions issued by the Secretary or Secretary of Commerce; or
(B)
precludes the Secretary or Secretary of Commerce from imposing protections under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for other species listed pursuant to section 4 of that Act (16 U.S.C. 1533) because those protections provide incidental benefits to such reintroduced California Central Valley Spring Run Chinook salmon.
(d)

Report.—
(1)

In general.—
Not later than December 31, 2024, the Secretary of Commerce shall report to Congress on the progress made on the reintroduction set forth in this section and the Secretary’s plans for future implementation of this section.
(2)

Inclusions.—
The report under paragraph (1) shall include—
(A)
an assessment of the major challenges, if any, to successful reintroduction;
(B)
an evaluation of the effect, if any, of the reintroduction on the existing population of California Central Valley Spring Run Chinook salmon existing on the Sacramento River or its tributaries; and
(C)
an assessment regarding the future of the reintroduction.
(e)

FERC Projects.—
(1)

In general.—
With regard to California Central Valley Spring Run Chinook salmon reintroduced pursuant to the Settlement, the Secretary of Commerce shall exercise its authority under section 18 of the Federal Power Act (16 U.S.C. 811) by reserving its right to file prescriptions in proceedings for projects licensed by the Federal Energy Regulatory Commission on the Calaveras, Stanislaus, Tuolumne, Merced, and San Joaquin rivers and otherwise consistent with subsection (c) until after the expiration of the term of the Settlement, December 31, 2025, or the expiration of the designation made pursuant to subsection (b), whichever ends first.
(2)

Effect of subsection.—
Nothing in this subsection shall preclude the Secretary of Commerce from imposing prescriptions pursuant to section 18 of the Federal Power Act (16 U.S.C. 811) solely for other anadromous fish species because those prescriptions provide incidental benefits to such reintroduced California Central Valley Spring Run Chinook salmon.
(f)

Effect of Section.—
Nothing in this section is intended or shall be construed—
(1)
to modify the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et seq.); or
(2)
to establish a precedent with respect to any other application of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et seq.).
* * * * * * *
PART I—

AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND PUBLIC LAW 87-483
SEC. 10401.

AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT.
(a)

Participating Projects.—
Paragraph (2) of the first section of the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620(2)) is amended by inserting “the Navajo-Gallup Water Supply Project,” after “Fruitland Mesa,”.
(b)

Navajo Reservoir Water Bank.—
The Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) is amended—
(1)
by redesignating section 16 (43 U.S.C. 620o) as section 17; and
(2)
by inserting after section 15 (43 U.S.C. 620n) the following:
“SEC. 16.
(a)
[43 U.S.C. 620n-1]
The Secretary of the Interior may create and operate within the available capacity of Navajo Reservoir a top water bank.
“(b)
Water made available for the top water bank in accordance with subsections (c) and (d) shall not be subject to section 11 of Public Law 87-483 (76 Stat. 99).
“(c)
The top water bank authorized under subsection (a) shall be operated in a manner that—
“(1)
is consistent with applicable law, except that, notwithstanding any other provision of law, water for purposes other than irrigation may be stored in the Navajo Reservoir pursuant to the rules governing the top water bank established under this section; and
“(2)
does not impair the ability of the Secretary of the Interior to deliver water under contracts entered into under—
“(A)
Public Law 87-483 (76 Stat. 96); and
“(B)
New Mexico State Engineer File Nos. 2847, 2848, 2849, and 2917.
“(d)
(1)
The Secretary of the Interior, in cooperation with the State of New Mexico (acting through the Interstate Stream Commission), shall develop any terms and procedures for the storage, accounting, and release of water in the top water bank that are necessary to comply with subsection (c).
“(2)
The terms and procedures developed under paragraph (1) shall include provisions requiring that—
“(A)
the storage of banked water shall be subject to approval under State law by the New Mexico State Engineer to ensure that impairment of any existing water right does not occur, including storage of water under New Mexico State Engineer File No. 2849;
“(B)
water in the top water bank be subject to evaporation and other losses during storage;
“(C)
water in the top water bank be released for delivery to the owner or assigns of the banked water on request of the owner, subject to reasonable scheduling requirements for making the release;
“(D)
water in the top water bank be the first water spilled or released for flood control purposes in anticipation of a spill, on the condition that top water bank water shall not be released or included for purposes of calculating whether a release should occur for purposes of satisfying the flow recommendations of the San Juan River Basin Recovery Implementation Program; and
“(E)
water eligible for banking in the top water bank shall be water that otherwise would have been diverted and beneficially used in New Mexico that year.
“(e)
The Secretary of the Interior may charge fees to water users that use the top water bank in amounts sufficient to cover the costs incurred by the United States in administering the water bank.”
.
SEC. 10402.

AMENDMENTS TO PUBLIC LAW 87-483.
(a)

Navajo Indian Irrigation Project.—
Public Law 87-483 (76 Stat. 96) is amended by striking section 2 and inserting the following:
“SEC. 2.
(a)
[43 U.S.C. 615jj]
In accordance with the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (43 U.S.C. 620 et seq.), the Secretary of the Interior is authorized to construct, operate, and maintain the Navajo Indian Irrigation Project to provide irrigation water to a service area of not more than 110,630 acres of land.
“(b)
(1)
Subject to paragraph (2), the average annual diversion by the Navajo Indian Irrigation Project from the Navajo Reservoir over any consecutive 10-year period shall be the lesser of—
“(A)
508,000 acre-feet per year; or
“(B)
the quantity of water necessary to supply an average depletion of 270,000 acre-feet per year.
“(2)
The quantity of water diverted for any 1 year shall not exceed the average annual diversion determined under paragraph (1) by more than 15 percent.
“(c)
In addition to being used for irrigation, the water diverted by the Navajo Indian Irrigation Project under subsection (b) may be used within the area served by Navajo Indian Irrigation Project facilities for the following purposes:
“(1)
Aquaculture purposes, including the rearing of fish in support of the San Juan River Basin Recovery Implementation Program authorized by Public Law 106-392 (114 Stat. 1602).
“(2)
Domestic, industrial, or commercial purposes relating to agricultural production and processing.
“(3)
(A)
The generation of hydroelectric power as an incident to the diversion of water by the Navajo Indian Irrigation Project for authorized purposes.
“(B)
Notwithstanding any other provision of law—
“(i)
any hydroelectric power generated under this paragraph shall be used or marketed by the Navajo Nation;
“(ii)
the Navajo Nation shall retain any revenues from the sale of the hydroelectric power; and
“(iii)
the United States shall have no trust obligation to monitor, administer, or account for the revenues received by the Navajo Nation, or the expenditure of the revenues.
“(4)
The implementation of the alternate water source provisions described in subparagraph 9.2 of the agreement executed under section 10701(a)(2) of the Northwestern New Mexico Rural Water Projects Act.
“(d)
The Navajo Indian Irrigation Project water diverted under subsection (b) may be transferred to areas located within or outside the area served by Navajo Indian Irrigation Project facilities, and within or outside the boundaries of the Navajo Nation, for any beneficial use in accordance with—
“(1)
the agreement executed under section 10701(a)(2) of the Northwestern New Mexico Rural Water Projects Act;
“(2)
the contract executed under section 10604(a)(2)(B) of that Act; and
“(3)
any other applicable law.
“(e)
The Secretary may use the capacity of the Navajo Indian Irrigation Project works to convey water supplies for—
“(1)
the Navajo-Gallup Water Supply Project under section 10602 of the Northwestern New Mexico Rural Water Projects Act; or
“(2)
other nonirrigation purposes authorized under subsection (c) or (d).
“(f)
(1)
Repayment of the costs of construction of the project (as authorized in subsection (a)) shall be in accordance with the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (43 U.S.C. 620 et seq.), including section 4(d) of that Act.
“(2)
The Secretary shall not reallocate, or require repayment of, construction costs of the Navajo Indian Irrigation Project because of the conveyance of water supplies for nonirrigation purposes under subsection (e).”
.
(b)
[43 U.S.C. 615ss]

Runoff Above Navajo Dam.—
Section 11 of Public Law 87-483 (76 Stat. 100) is amended by adding at the end the following:
“(d)
(1)
For purposes of implementing in a year of prospective shortage the water allocation procedures established by subsection (a), the Secretary of the Interior shall determine the quantity of any shortages and the appropriate apportionment of water using the normal diversion requirements on the flow of the San Juan River originating above Navajo Dam based on the following criteria:
“(A)
The quantity of diversion or water delivery for the current year anticipated to be necessary to irrigate land in accordance with cropping plans prepared by contractors.
“(B)
The annual diversion or water delivery demands for the current year anticipated for non-irrigation uses under water delivery contracts, including contracts authorized by the Northwestern New Mexico Rural Water Projects Act, but excluding any current demand for surface water for placement into aquifer storage for future recovery and use.
“(C)
An annual normal diversion demand of 135,000 acre-feet for the initial stage of the San Juan-Chama Project authorized by section 8, which shall be the amount to which any shortage is applied.
“(2)
The Secretary shall not include in the normal diversion requirements—
“(A)
the quantity of water that reliably can be anticipated to be diverted or delivered under a contract from inflows to the San Juan River arising below Navajo Dam under New Mexico State Engineer File No. 3215; or
“(B)
the quantity of water anticipated to be supplied through reuse.
“(e)
(1)
If the Secretary determines that there is a shortage of water under subsection (a), the Secretary shall respond to the shortage in the Navajo Reservoir water supply by curtailing releases and deliveries in the following order:
“(A)
The demand for delivery for uses in the State of Arizona under the Navajo-Gallup Water Supply Project authorized by section 10603 of the Northwestern New Mexico Rural Water Projects Act, excluding the quantity of water anticipated to be diverted for the uses from inflows to the San Juan River that arise below Navajo Dam in accordance with New Mexico State Engineer File No. 3215.
“(B)
The demand for delivery for uses allocated under paragraph 8.2 of the agreement executed under section 10701(a)(2) of the Northwestern New Mexico Rural Water Projects Act, excluding the quantity of water anticipated to be diverted for such uses under State Engineer File No. 3215.
“(C)
The uses in the State of New Mexico that are determined under subsection (d), in accordance with the procedure for apportioning the water supply under subsection (a).
“(2)
For any year for which the Secretary determines and responds to a shortage in the Navajo Reservoir water supply, the Secretary shall not deliver, and contractors of the water supply shall not divert, any of the water supply for placement into aquifer storage for future recovery and use.
“(3)
To determine the occurrence and amount of any shortage to contracts entered into under this section, the Secretary shall not include as available storage any water stored in a top water bank in Navajo Reservoir established under section 16(a) of the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’).
“(f)
The Secretary of the Interior shall apportion water under subsections (a), (d), and (e) on an annual volume basis.
“(g)
The Secretary of the Interior may revise a determination of shortages, apportionments, or allocations of water under subsections (a), (d), and (e) on the basis of information relating to water supply conditions that was not available at the time at which the determination was made.
“(h)
Nothing in this section prohibits the distribution of water in accordance with cooperative water agreements between water users providing for a sharing of water supplies.
“(i)
Diversions under New Mexico State Engineer File No. 3215 shall be distributed, to the maximum extent water is available, in proportionate amounts to the diversion demands of contractors and subcontractors of the Navajo Reservoir water supply that are diverting water below Navajo Dam.”
.
SEC. 10403.
[43 U.S.C. 620 note]

EFFECT ON FEDERAL WATER LAW.
Unless expressly provided in this subtitle, nothing in this subtitle modifies, conflicts with, preempts, or otherwise affects—
(1)
the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2)
the Boulder Canyon Project Adjustment Act (54 Stat. 774, chapter 643);
(3)
the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620 et seq.);
(4)
the Act of September 30, 1968 (commonly known as the “Colorado River Basin Project Act”) (82 Stat. 885);
(5)
Public Law 87-483 (76 Stat. 96);
(6)
the Treaty between the United States of America and Mexico respecting utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 (59 Stat. 1219);
(7)
the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(8)
the Compact;
(9)
the Act of April 6, 1949 (63 Stat. 31, chapter 48);
(10)
the Jicarilla Apache Tribe Water Rights Settlement Act (106 Stat. 2237); or
(11)
section 205 of the Energy and Water Development Appropriations Act, 2005 (118 Stat. 2949).
PART II—

RECLAMATION WATER SETTLEMENTS FUND
SEC. 10501.
[43 U.S.C. 407]

RECLAMATION WATER SETTLEMENTS FUND
(a)

Establishment.—
There is established in the Treasury of the United States a fund, to be known as the “Reclamation Water Settlements Fund”, consisting of—
(1)
such amounts as are deposited to the Fund under subsection (b); and
(2)
any interest earned on investment of amounts in the Fund under subsection (d).
(b)

Deposits to Fund.—
(1)

In general.—
For each of fiscal years 2020 through 2029, the Secretary of the Treasury shall deposit in the Fund, if available, $120,000,000 of the revenues that would otherwise be deposited for the fiscal year in the fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
(2)

Availability of amounts.—
Amounts deposited in the Fund under paragraph (1) shall be made available pursuant to this section—
(A)
without further appropriation; and
(B)
in addition to amounts appropriated pursuant to any authorization contained in any other provision of law.
(c)

Expenditures From Fund.—
(1)

In general.—
(A)

Expenditures.—
Subject to subparagraph (B), for each of fiscal years 2020 through 2034, the Secretary may expend from the Fund an amount not to exceed $120,000,000, plus the interest accrued in the Fund, for the fiscal year in which expenditures are made pursuant to paragraphs (2) and (3).
(B)

Additional expenditures.—
The Secretary may expend more than $120,000,000 for any fiscal year if such amounts are available in the Fund due to expenditures not reaching $120,000,000 for prior fiscal years.
(2)

Authority.—
The Secretary may expend money from the Fund to implement a settlement agreement approved by Congress that resolves, in whole or in part, litigation involving the United States, if the settlement agreement or implementing legislation requires the Bureau of Reclamation to provide financial assistance for, or plan, design, and construct—
(A)
water supply infrastructure; or
(B)
a project—
(i)
to rehabilitate a water delivery system to conserve water; or
(ii)
to restore fish and wildlife habitat or otherwise improve environmental conditions associated with or affected by, or located within the same river basin as, a Federal reclamation project that is in existence on the date of enactment of this Act.
(3)

Use for completion of project and other settlements.—
(A)

Priorities.—
(i)

First priority.—
(I)

In general.—
The first priority for expenditure of amounts in the Fund during the entire period in which the Fund is in existence shall be for the purposes described in, and in the order of, clauses (i) through (iv) of subparagraph (B).
(II)

Reserved amounts.—
The Secretary shall reserve and use amounts deposited into the Fund in accordance with subclause (I).
(ii)

Other purposes.—
Any amounts in the Fund that are not needed for the purposes described in subparagraph (B) may be used for other purposes authorized in paragraph (2).
(B)

Completion of project.—
(i)

Navajo-gallup water supply project.—
(I)

In general.—
Subject to subclause (II), effective beginning January 1, 2020, if, in the judgment of the Secretary on an annual basis the deadline described in section 10701(e)(1)(A)(ix) is unlikely to be met because a sufficient amount of funding is not otherwise available through appropriations made available pursuant to section 10609(a), the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the costs, and substantially complete as expeditiously as practicable, the construction of the water supply infrastructure authorized as part of the Project.
(II)

Maximum amount.—
- (aa)

In general.—
Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $500,000,000 for the period of fiscal years 2020 through 2029.
- (bb)

Exception.—
The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clauses (ii) through (iv).
(ii)

Other new mexico settlements.—
(I)

In general.—
Subject to subclause (II), effective beginning January 1, 2020, in addition to the funding made available under clause (i), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing the Indian water rights settlement agreements entered into by the State of New Mexico in the Aamodt adjudication and the Abeyta adjudication, if such settlements are subsequently approved and authorized by an Act of Congress and the implementation period has not already expired.
(II)

Maximum amount.—
The amount expended under subclause (I) shall not exceed $250,000,000.
(iii)

Montana settlements.—
(I)

In general.—
Subject to subclause (II), effective beginning January 1, 2020, in addition to funding made available pursuant to clauses (i) and (ii), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing Indian water rights settlement agreements entered into by the State of Montana with the Blackfeet Tribe, the Crow Tribe, or the Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Reservation in the judicial proceeding entitled “In re the General Adjudication of All the Rights to Use Surface and Groundwater in the State of Montana”, if a settlement or settlements are subsequently approved and authorized by an Act of Congress and the implementation period has not already expired.
(II)

Maximum amount.—
- (aa)

In general.—
Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $350,000,000 for the period of fiscal years 2020 through 2029.
- (bb)

Exception.—
The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clause (i), (ii), and (iv).
- (cc)

Other funding.—
The Secretary shall ensure that any funding under this clause shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii).
(iv)

Arizona settlement.—
(I)

In general.—
Subject to subclause (II), effective beginning January 1, 2020, in addition to funding made available pursuant to clauses (i), (ii), and (iii), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing an Indian water rights settlement agreement entered into by the State of Arizona with the Navajo Nation to resolve the water rights claims of the Nation in the Lower Colorado River basin in Arizona, if a settlement is subsequently approved and authorized by an Act of Congress and the implementation period has not already expired.
(II)

Maximum amount.—
- (aa)

In general.—
Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $100,000,000 for the period of fiscal years 2020 through 2029.
- (bb)

Exception.—
The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clauses (i) through (iii).
- (cc)

Other funding.—
The Secretary shall ensure that any funding under this clause shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii).
(C)

Reversion.—
If the settlements described in clauses (ii) through (iv) of subparagraph (B) have not been approved and authorized by an Act of Congress by December 31, 2019, the amounts reserved for the settlements shall no longer be reserved by the Secretary pursuant to subparagraph (A)(i) and shall revert to the Fund for any authorized use, as determined by the Secretary.
(d)

Investment of Amounts.—
(1)

In general.—
The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals.
(2)

Credits to fund.—
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.
(e)

Transfers of Amounts.—
(1)

In general.—
The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.
(2)

Adjustments.—
Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(f)

Termination.—
On September 30, 2034—
(1)
the Fund shall terminate; and
(2)
the unexpended and unobligated balance of the Fund shall be transferred to the appropriate fund of the Treasury.
PART III—

NAVAJO-GALLUP WATER SUPPLY PROJECT
SEC. 10601.

PURPOSES
The purposes of this part are—
(1)
to authorize the Secretary to construct, operate, and maintain the Navajo-Gallup Water Supply Project;
(2)
to allocate the capacity of the Project among the Nation, the City, and the Jicarilla Apache Nation; and
(3)
to authorize the Secretary to enter into Project repayment contracts with the City and the Jicarilla Apache Nation.
SEC. 10602.

AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY PROJECT
(a)

In general.—
The Secretary, acting through the Commissioner of Reclamation, is authorized to design, construct, operate, and maintain the Project in substantial accordance with the preferred alternative in the Draft Impact Statement.
(b)

Project Facilities.—
To provide for the delivery of San Juan River water to Project Participants, the Secretary may construct, operate, and maintain the Project facilities described in the preferred alternative in the Draft Impact Statement, including:
(1)
A pumping plant on the San Juan River in the vicinity of Kirtland, New Mexico.
(2)
(A)
A main pipeline from the San Juan River near Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup, New Mexico, which follows United States Highway 491.
(B)
Any pumping plants associated with the pipeline authorized under subparagraph (A).
(3)
(A)
A main pipeline from Cutter Reservoir to Ojo Encino, New Mexico, which follows United States Highway 550.
(B)
Any pumping plants associated with the pipeline authorized under subparagraph (A).
(4)
(A)
Lateral pipelines from the main pipelines to Nation communities in the States of New Mexico and Arizona.
(B)
Any pumping plants associated with the pipelines authorized under subparagraph (A).
(5)
Any water regulation, storage or treatment facility, service connection to an existing public water supply system, power substation, power distribution works, or other appurtenant works (including a building or access road) that is related to the Project facilities authorized by paragraphs (1) through (4), including power transmission facilities and associated wheeling services to connect Project facilities to existing high-voltage transmission facilities and deliver power to the Project.
(c)

Acquisition of Land.—
(1)

In general.—
The Secretary is authorized to acquire any land or interest in land that is necessary to construct, operate, and maintain the Project facilities authorized under subsection (b).
(2)

Land of the project participants.—
As a condition of construction of the facilities authorized under this part, the Project Participants shall provide all land or interest in land, as appropriate, that the Secretary identifies as necessary for acquisition under this subsection at no cost to the Secretary.
(3)

Limitation.—
The Secretary may not condemn water rights for purposes of the Project.
(d)

Conditions.—
(1)

In general.—
Except as provided in paragraph (2), the Secretary shall not commence construction of the facilities authorized under subsection (b) until such time as—
(A)
the Secretary executes the Agreement and the Contract;
(B)
the contracts authorized under section 10604 are executed;
(C)
the Secretary—
(i)
completes an environmental impact statement for the Project; and
(ii)
has issued a record of decision that provides for a preferred alternative; and
(D)
the Secretary has entered into an agreement with the State of New Mexico under which the State of New Mexico will provide a share of the construction costs of the Project of not less than $50,000,000, except that the State of New Mexico shall receive credit for funds the State has contributed to construct water conveyance facilities to the Project Participants to the extent that the facilities reduce the cost of the Project as estimated in the Draft Impact Statement.
(2)

Exception.—
If the Jicarilla Apache Nation elects not to enter into a contract pursuant to section 10604, the Secretary, after consulting with the Nation, the City, and the State of New Mexico acting through the Interstate Stream Commission, may make appropriate modifications to the scope of the Project and proceed with Project construction if all other conditions for construction have been satisfied.
(3)

Effect of indian self-determination and education assistance act.—
The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the design, construction, operation, maintenance, or replacement of the Project.
(e)

Power.—
The Secretary shall reserve, from existing reservations of Colorado River Storage Project power for Bureau of Reclamation projects, up to 26 megawatts of power for use by the Project.
(f)

Conveyance of Title to Project Facilities.—
(1)

In general.—
The Secretary is authorized to enter into separate agreements with the City and the Nation and, on entering into the agreements, shall convey title to each Project facility or section of a Project facility authorized under subsection (b) (including any appropriate interests in land) to the City and the Nation after—
(A)
completion of construction of a Project facility or a section of a Project facility that is operating and delivering water; and
(B)
execution of a Project operations agreement approved by the Secretary and the Project Participants that sets forth—
(i)
any terms and conditions that the Secretary determines are necessary—
(I)
to ensure the continuation of the intended benefits of the Project; and
(II)
to fulfill the purposes of this part;
(ii)
requirements acceptable to the Secretary and the Project Participants for—
(I)
the distribution of water under the Project or section of a Project facility; and
(II)
the allocation and payment of annual operation, maintenance, and replacement costs of the Project or section of a Project facility based on the proportionate uses of Project facilities; and
(iii)
conditions and requirements acceptable to the Secretary and the Project Participants for operating and maintaining each Project facility on completion of the conveyance of title, including the requirement that the City and the Nation shall—
(I)
comply with—
- (aa)
the Compact; and
- (bb)
other applicable law; and
(II)
be responsible for—
- (aa)
the operation, maintenance, and replacement of each Project facility; and
- (bb)
the accounting and management of water conveyance and Project finances, as necessary to administer and fulfill the conditions of the Contract executed under section 10604(a)(2)(B).
(2)

Effect of conveyance.—
The conveyance of title to each Project facility shall not affect the application of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the use of the water associated with the Project.
(3)

Liability.—
(A)

In general.—
Effective on the date of the conveyance authorized by this subsection, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the land, buildings, or facilities conveyed under this subsection, other than damages caused by acts of negligence committed by the United States, or by employees or agents of the United States, prior to the date of conveyance.
(B)

Tort claims.—
Nothing in this section increases the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”).
(4)

Notice of proposed conveyance.—
Not later than 45 days before the date of a proposed conveyance of title to any Project facility, the Secretary shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate notice of the conveyance of each Project facility.
(g)

Colorado River Storage Project Power.—
The conveyance of Project facilities under subsection (f) shall not affect the availability of Colorado River Storage Project power to the Project under subsection (e).
(h)

Regional Use of Project Facilities.—
(1)

In general.—
Subject to paragraph (2), Project facilities constructed under subsection (b) may be used to treat and convey non-Project water or water that is not allocated by subsection 10603(b) if—
(A)
capacity is available without impairing any water delivery to a Project Participant; and
(B)
the unallocated or non-Project water beneficiary—
(i)
has the right to use the water;
(ii)
agrees to pay the operation, maintenance, and replacement costs assignable to the beneficiary for the use of the Project facilities; and
(iii)
agrees to pay an appropriate fee that may be established by the Secretary to assist in the recovery of any capital cost allocable to that use.
(2)

Effect of payments.—
Any payments to the United States or the Nation for the use of unused capacity under this subsection or for water under any subcontract with the Nation or the Jicarilla Apache Nation shall not alter the construction repayment requirements or the operation, maintenance, and replacement payment requirements of the Project Participants.
SEC. 10603.

DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY PROJECT WATER
(a)

Use of Project Water.—
(1)

In general.—
In accordance with this subtitle and other applicable law, water supply from the Project shall be used for municipal, industrial, commercial, domestic, and stock watering purposes.
(2)

Use on certain land.—
(A)

In general.—
Subject to subparagraph (B), the Nation may use Project water allocations on—
(i)
land held by the United States in trust for the Nation and members of the Nation; and
(ii)
land held in fee by the Nation.
(B)

Transfer.—
The Nation may transfer the purposes and places of use of the allocated water in accordance with the Agreement and applicable law.
(3)

Hydroelectric power.—
(A)

In general.—
Hydroelectric power may be generated as an incident to the delivery of Project water for authorized purposes under paragraph (1).
(B)

Administration.—
Notwithstanding any other provision of law—
(i)
any hydroelectric power generated under this paragraph shall be used or marketed by the Nation;
(ii)
the Nation shall retain any revenues from the sale of the hydroelectric power; and
(iii)
the United States shall have no trust obligation or other obligation to monitor, administer, or account for the revenues received by the Nation, or the expenditure of the revenues.
(4)

Storage.—
(A)

In general.—
Subject to subparagraph (B), any water contracted for delivery under paragraph (1) that is not needed for current water demands or uses may be delivered by the Project for placement in underground storage in the State of New Mexico for future recovery and use.
(B)

State approval.—
Delivery of water under subparagraph (A) is subject to—
(i)
approval by the State of New Mexico under applicable provisions of State law relating to aquifer storage and recovery; and
(ii)
the provisions of the Agreement and this subtitle.
(b)

Project Water and Capacity Allocations.—
(1)

Diversion.—
Subject to availability and consistent with Federal and State law, the Project may divert from the Navajo Reservoir and the San Juan River a quantity of water to be allocated and used consistent with the Agreement and this subtitle, that does not exceed in any 1 year, the lesser of—
(A)
37,760 acre-feet of water; or
(B)
the quantity of water necessary to supply a depletion from the San Juan River of 35,890 acre-feet.
(2)

Project delivery capacity allocations.—
(A)

In general.—
The capacity of the Project shall be allocated to the Project Participants in accordance with subparagraphs (B) through (E), other provisions of this subtitle, and other applicable law.
(B)

Delivery capacity allocation to the city.—
The Project may deliver at the point of diversion from the San Juan River not more than 7,500 acre-feet of water in any 1 year for which the City has secured rights for the use of the City.
(C)

Delivery capacity allocation to navajo nation communities in new mexico.—
For use by the Nation in the State of New Mexico, the Project may deliver water out of the water rights held by the Secretary for the Nation and confirmed under this subtitle, at the points of diversion from the San Juan River or at Navajo Reservoir in any 1 year, the lesser of—
(i)
22,650 acre-feet of water; or
(ii)
the quantity of water necessary to supply a depletion from the San Juan River of 20,780 acre-feet of water.
(D)

Delivery capacity allocation to navajo nation communities in arizona.—
Subject to subsection (c), the Project may deliver at the point of diversion from the San Juan River not more than 6,411 acre-feet of water in any 1 year for use by the Nation in the State of Arizona.
(E)

Delivery capacity allocation to jicarilla apache nation.—
The Project may deliver at Navajo Reservoir not more than 1,200 acre-feet of water in any 1 year of the water rights of the Jicarilla Apache Nation, held by the Secretary and confirmed by the Jicarilla Apache Tribe Water Rights Settlement Act (Public Law 102-441; 106 Stat. 2237), for use by the Jicarilla Apache Nation in the southern portion of the Jicarilla Apache Nation Reservation in the State of New Mexico.
(3)

Use in excess of delivery capacity allocation quantity.—
Notwithstanding each delivery capacity allocation quantity limit described in subparagraphs (B), (C), and (E) of paragraph (2), the Secretary may authorize a Project Participant to exceed the delivery capacity allocation quantity limit of that Project Participant if—
(A)
delivery capacity is available without impairing any water delivery to any other Project Participant; and
(B)
the Project Participant benefitting from the increased allocation of delivery capacity—
(i)
has the right under applicable law to use the additional water;
(ii)
agrees to pay the operation, maintenance, and replacement costs relating to the additional use of any Project facility; and
(iii)
agrees, if the Project title is held by the Secretary, to pay a fee established by the Secretary to assist in recovering capital costs relating to that additional use.
(c)

Conditions for Use in Arizona.—
(1)

Requirements.—
Project water shall not be delivered for use by any community of the Nation located in the State of Arizona under subsection (b)(2)(D) until—
(A)
the Nation and the State of Arizona have entered into a water rights settlement agreement approved by an Act of Congress that settles and waives the Nation’s claims to water in the Lower Basin and the Little Colorado River Basin in the State of Arizona, including those of the United States on the Nation’s behalf; and
(B)
the Secretary and the Navajo Nation have entered into a Navajo Reservoir water supply delivery contract for the physical delivery and diversion of water via the Project from the San Juan River system to supply uses in the State of Arizona.
(2)

Accounting of uses in arizona.—
(A)

In general.—
Pursuant to paragraph (1) and notwithstanding any other provision of law, water may be diverted by the Project from the San Juan River in the State of New Mexico in accordance with an appropriate permit issued under New Mexico law for use in the State of Arizona within the Navajo Reservation in the Lower Basin; provided that any depletion of water that results from the diversion of water by the Project from the San Juan River in the State of New Mexico for uses within the State of Arizona (including depletion incidental to the diversion, impounding, or conveyance of water in the State of New Mexico for uses in the State of Arizona) shall be administered and accounted for as either—
(i)
a part of, and charged against, the available consumptive use apportionment made to the State of Arizona by Article III(a) of the Compact and to the Upper Basin by Article III(a) of the Colorado River Compact, in which case any water so diverted by the Project into the Lower Basin for use within the State of Arizona shall not be credited as water reaching Lee Ferry pursuant to Articles III(c) and III(d) of the Colorado River Compact; or
(ii)
subject to subparagraph (B), a part of, and charged against, the consumptive use apportionment made to the Lower Basin by Article III(a) of the Colorado River Compact, in which case it shall—
(I)
be a part of the Colorado River water that is apportioned to the State of Arizona in Article II(B) of the Consolidated Decree of the Supreme Court of the United States in Arizona v. California (547 U.S. 150) (as may be amended or supplemented);
(II)
be credited as water reaching Lee Ferry pursuant to Articles III(c) and III(d) of the Colorado River Compact; and
(III)
be accounted as the water identified in section 104(a)(1)(B)(ii) of the Arizona Water Settlements Act, (118 Stat. 3478).
(B)

Limitation.—
Notwithstanding subparagraph (A)(ii), no water diverted by the Project shall be accounted for pursuant to subparagraph (A)(ii) until such time that—
(i)
the Secretary has developed and, as necessary and appropriate, modified, in consultation with the Upper Colorado River Commission and the Governors’ Representatives on Colorado River Operations from each State signatory to the Colorado River Compact, all operational and decisional criteria, policies, contracts, guidelines or other documents that control the operations of the Colorado River System reservoirs and diversion works, so as to adjust, account for, and offset the diversion of water apportioned to the State of Arizona, pursuant to the Boulder Canyon Project Act (43 U.S.C. 617 et seq.), from a point of diversion on the San Juan River in New Mexico; provided that all such modifications shall be consistent with the provisions of this Section, and the modifications made pursuant to this clause shall be applicable only for the duration of any such diversions pursuant to section 10603(c)(2)(A)(ii); and
(ii)
Article II(B) of the Decree of the Supreme Court of the United States in Arizona v. California (547 U.S. 150 as may be amended or supplemented) is administered so that diversions from the main stream for the Central Arizona Project, as served under existing contracts with the United States by diversion works heretofore constructed, shall be limited and reduced to offset any diversions made pursuant to section 10603(c)(2)(A)(ii) of this Act. This clause shall not affect, in any manner, the amount of water apportioned to Arizona pursuant to the Boulder Canyon Project Act (43 U.S.C. 617 et seq.), or amend any provisions of said decree or the Colorado River Basin Project Act (43 U.S.C. 1501 et. seq.).
(3)

Upper basin protections.—
(A)

Consultations.—
Henceforth, in any consultation pursuant to 16 U.S.C. 1536(a) with respect to water development in the San Juan River Basin, the Secretary shall confer with the States of Colorado and New Mexico, consistent with the provisions of section 5 of the “Principles for Conducting Endangered Species Act Section 7 Consultations on Water Development and Water Management Activities Affecting Endangered Fish Species in the San Juan River Basin” as adopted by the Coordination Committee, San Juan River Basin Recovery Implementation Program, on June 19, 2001, and as may be amended or modified.
(B)

Preservation of existing rights.—
Rights to the consumptive use of water available to the Upper Basin from the Colorado River System under the Colorado River Compact and the Compact shall not be reduced or prejudiced by any use of water pursuant to subsection 10603(c). Nothing in this Act shall be construed so as to impair, conflict with, or otherwise change the duties and powers of the Upper Colorado River Commission.
(d)

Forbearance.—
(1)

In general.—
Subject to paragraphs (2) and (3), during any year in which a shortage to the normal diversion requirement for any use relating to the Project within the State of Arizona occurs (as determined under section 11 of Public Law 87-483 (76 Stat. 99)), the Nation may temporarily forbear the delivery of the water supply of the Navajo Reservoir for uses in the State of New Mexico under the apportionments of water to the Navajo Indian Irrigation Project and the normal diversion requirements of the Project to allow an equivalent quantity of water to be delivered from the Navajo Reservoir water supply for municipal and domestic uses of the Nation in the State of Arizona under the Project.
(2)

Limitation of forbearance.—
The Nation may forebear the delivery of water under paragraph (1) of a quantity not exceeding the quantity of the shortage to the normal diversion requirement for any use relating to the Project within the State of Arizona.
(3)

Effect.—
The forbearance of the delivery of water under paragraph (1) shall be subject to the requirements in subsection (c).
(e)

Effect.—
Nothing in this subtitle—
(1)
authorizes the marketing, leasing, or transfer of the water supplies made available to the Nation under the Contract to non-Navajo water users in States other than the State of New Mexico; or
(2)
authorizes the forbearance of water uses in the State of New Mexico to allow uses of water in other States other than as authorized under subsection (d).
(f)

Colorado River Compacts.—
Notwithstanding any other provision of law—
(1)
water may be diverted by the Project from the San Juan River in the State of New Mexico for use within New Mexico in the lower basin, as that term is used in the Colorado River Compact;
(2)
any water diverted under paragraph (1) shall be a part of, and charged against, the consumptive use apportionment made to the State of New Mexico by Article III(a) of the Compact and to the upper basin by Article III(a) of the Colorado River Compact; and
(3)
any water so diverted by the Project into the lower basin within the State of New Mexico shall not be credited as water reaching Lee Ferry pursuant to Articles III(c) and III(d) of the Colorado River Compact.
(g)

Payment of Operation, Maintenance, and Replacement Costs.—
(1)

In general.—
The Secretary is authorized to pay the operation, maintenance, and replacement costs of the Project allocable to the Project Participants under section 10604 until the date on which the Secretary declares any section of the Project to be substantially complete and delivery of water generated by, and through, that section of the Project can be made to a Project participant.
(2)

Project participant payments.—
Beginning on the date described in paragraph (1), each Project Participant shall pay all allocated operation, maintenance, and replacement costs for that substantially completed section of the Project, in accordance with contracts entered into pursuant to section 10604, except as provided in section 10604(f).
(h)

No Precedent.—
Nothing in this Act shall be construed as authorizing or establishing a precedent for any type of transfer of Colorado River System water between the Upper Basin and Lower Basin. Nor shall anything in this Act be construed as expanding the Secretary’s authority in the Upper Basin.
(i)

Unique Situation.—
Diversions by the Project consistent with this section address critical tribal and non-Indian water supply needs under unique circumstances, which include, among other things—
(1)
the intent to benefit an American Indian tribe;
(2)
the Navajo Nation’s location in both the Upper and Lower Basin;
(3)
the intent to address critical Indian water needs in the State of Arizona and Indian and non-Indian water needs in the State of New Mexico,
(4)
the location of the Navajo Nation’s capital city of Window Rock in the State of Arizona in close proximity to the border of the State of New Mexico and the pipeline route for the Project;
(5)
the lack of other reasonable options available for developing a firm, sustainable supply of municipal water for the Navajo Nation at Window Rock in the State of Arizona; and
(6)
the limited volume of water to be diverted by the Project to supply municipal uses in the Window Rock area in the State of Arizona.
(j)

Consensus.—
Congress notes the consensus of the Governors’ Representatives on Colorado River Operations of the States that are signatory to the Colorado River Compact regarding the diversions authorized for the Project under this section.
(k)

Efficient Use.—
The diversions and uses authorized for the Project under this Section represent unique and efficient uses of Colorado River apportionments in a manner that Congress has determined would be consistent with the obligations of the United States to the Navajo Nation.
SEC. 10604.

PROJECT CONTRACTS
(a)

Navajo Nation Contract.—
(1)

Hydrologic determination.—
Congress recognizes that the Hydrologic Determination necessary to support approval of the Contract has been completed.
(2)

Contract approval.—
(A)

Approval.—
(i)

In general.—
Except to the extent that any provision of the Contract conflicts with this subtitle, Congress approves, ratifies, and confirms the Contract.
(ii)

Amendments.—
To the extent any amendment is executed to make the Contract consistent with this subtitle, that amendment is authorized, ratified, and confirmed.
(B)

Execution of contract.—
The Secretary, acting on behalf of the United States, shall enter into the Contract to the extent that the Contract does not conflict with this subtitle (including any amendment that is required to make the Contract consistent with this subtitle).
(3)

Nonreimbursability of allocated costs.—
The following costs shall be nonreimbursable and not subject to repayment by the Nation or any other Project beneficiary:
(A)
Any share of the construction costs of the Nation relating to the Project authorized by section 10602(a).
(B)
Any costs relating to the construction of the Navajo Indian Irrigation Project that may otherwise be allocable to the Nation for use of any facility of the Navajo Indian Irrigation Project to convey water to each Navajo community under the Project.
(C)
Any costs relating to the construction of Navajo Dam that may otherwise be allocable to the Nation for water deliveries under the Contract.
(4)

Operation, Maintenance, and Replacement Obligation.—
Subject to subsection (f), the Contract shall include provisions under which the Nation shall pay any costs relating to the operation, maintenance, and replacement of each facility of the Project that are allocable to the Nation.
(5)

Limitation, cancellation, termination, and rescission.—
The Contract may be limited by a term of years, canceled, terminated, or rescinded only by an Act of Congress.
(b)

City of Gallup Contract.—
(1)

Contract authorization.—
Consistent with this subtitle, the Secretary is authorized to enter into a repayment contract with the City that requires the City—
(A)
to repay, within a 50-year period, the share of the construction costs of the City relating to the Project, with interest as provided under section 10305; and
(B)
consistent with section 10603(g), to pay the operation, maintenance, and replacement costs of the Project that are allocable to the City.
(2)

Contract prepayment.—
(A)

In general.—
The contract authorized under paragraph (1) may allow the City to satisfy the repayment obligation of the City for construction costs of the Project on the payment of the share of the City prior to the initiation of construction.
(B)

Amount.—
The amount of the share of the City described in subparagraph (A) shall be determined by agreement between the Secretary and the City.
(C)

Repayment obligation.—
Any repayment obligation established by the Secretary and the City pursuant to subparagraph (A) shall be subject to a final cost allocation by the Secretary on project completion and to the limitations set forth in paragraph (3).
(3)

Share of construction costs.—
(A)

In general.—
Subject to subparagraph (B), the Secretary shall determine the share of the construction costs of the Project allocable to the City and establish the percentage of the allocated construction costs that the City shall be required to repay pursuant to the contract entered into under paragraph (1), based on the ability of the City to pay.
(B)

Minimum percentage.—
Notwithstanding subparagraph (A), the repayment obligation of the City shall be at least 25 percent of the construction costs of the Project that are allocable to the City, but shall in no event exceed 35 percent.
(4)

Excess construction costs.—
Any construction costs of the Project allocable to the City in excess of the repayment obligation of the City, as determined under paragraph (3), shall be nonreimbursable.
(5)

Grant funds.—
A grant from any other Federal source shall not be credited toward the amount required to be repaid by the City under a repayment contract.
(6)

Title transfer.—
If title is transferred to the City prior to repayment under section 10602(f), the City shall be required to provide assurances satisfactory to the Secretary of fulfillment of the remaining repayment obligation of the City.
(7)

Water delivery subcontract.—
The Secretary shall not enter into a contract under paragraph (1) with the City until the City has secured a water supply for the City’s portion of the Project described in section 10603(b)(2)(B), by entering into, as approved by the Secretary, a water delivery subcontract for a period of not less than 40 years beginning on the date on which the construction of any facility of the Project serving the City is completed, with—
(A)
the Nation, as authorized by the Contract;
(B)
the Jicarilla Apache Nation, as authorized by the settlement contract between the United States and the Jicarilla Apache Tribe, authorized by the Jicarilla Apache Tribe Water Rights Settlement Act (Public Law 102-441; 106 Stat. 2237); or
(C)
an acquired alternate source of water, subject to approval of the Secretary and the State of New Mexico, acting through the New Mexico Interstate Stream Commission and the New Mexico State Engineer.
(c)

Jicarilla Apache Nation Contract.—
(1)

Contract authorization.—
Consistent with this subtitle, the Secretary is authorized to enter into a repayment contract with the Jicarilla Apache Nation that requires the Jicarilla Apache Nation—
(A)
to repay, within a 50-year period, the share of any construction cost of the Jicarilla Apache Nation relating to the Project, with interest as provided under section 10305; and
(B)
consistent with section 10603(g), to pay the operation, maintenance, and replacement costs of the Project that are allocable to the Jicarilla Apache Nation.
(2)

Contract prepayment.—
(A)

In general.—
The contract authorized under paragraph (1) may allow the Jicarilla Apache Nation to satisfy the repayment obligation of the Jicarilla Apache Nation for construction costs of the Project on the payment of the share of the Jicarilla Apache Nation prior to the initiation of construction.
(B)

Amount.—
The amount of the share of Jicarilla Apache Nation described in subparagraph (A) shall be determined by agreement between the Secretary and the Jicarilla Apache Nation.
(C)

Repayment obligation.—
Any repayment obligation established by the Secretary and the Jicarilla Apache Nation pursuant to subparagraph (A) shall be subject to a final cost allocation by the Secretary on project completion and to the limitations set forth in paragraph (3).
(3)

Share of construction costs.—
(A)

In general.—
Subject to subparagraph (B), the Secretary shall determine the share of the construction costs of the Project allocable to the Jicarilla Apache Nation and establish the percentage of the allocated construction costs of the Jicarilla Apache Nation that the Jicarilla Apache Nation shall be required to repay based on the ability of the Jicarilla Apache Nation to pay.
(B)

Minimum percentage.—
Notwithstanding subparagraph (A), the repayment obligation of the Jicarilla Apache Nation shall be at least 25 percent of the construction costs of the Project that are allocable to the Jicarilla Apache Nation, but shall in no event exceed 35 percent.
(4)

Excess construction costs.—
Any construction costs of the Project allocable to the Jicarilla Apache Nation in excess of the repayment obligation of the Jicarilla Apache Nation as determined under paragraph (3), shall be nonreimbursable.
(5)

Grant funds.—
A grant from any other Federal source shall not be credited toward the share of the Jicarilla Apache Nation of construction costs.
(6)

Navajo indian irrigation project costs.—
The Jicarilla Apache Nation shall have no obligation to repay any Navajo Indian Irrigation Project construction costs that might otherwise be allocable to the Jicarilla Apache Nation for use of the Navajo Indian Irrigation Project facilities to convey water to the Jicarilla Apache Nation, and any such costs shall be nonreimbursable.
(d)

Capital Cost Allocations.—
(1)

In general.—
For purposes of estimating the capital repayment requirements of the Project Participants under this section, the Secretary shall review and, as appropriate, update the Draft Impact Statement allocating capital construction costs for the Project.
(2)

Final cost allocation.—
The repayment contracts entered into with Project Participants under this section shall require that the Secretary perform a final cost allocation when construction of the Project is determined to be substantially complete.
(3)

Repayment obligation.—
The Secretary shall determine the repayment obligation of the Project Participants based on the final cost allocation identifying reimbursable and nonreimbursable capital costs of the Project consistent with this subtitle.
(e)

Operation, Maintenance, and Replacement Cost Allocations.—
For purposes of determining the operation, maintenance, and replacement obligations of the Project Participants under this section, the Secretary shall review and, as appropriate, update the Draft Impact Statement that allocates operation, maintenance, and replacement costs for the Project.
(f)

Temporary Waivers of Payments.—
(1)

In general.—
On the date on which the Secretary declares a section of the Project to be substantially complete and delivery of Project water generated by and through that section of the Project can be made to the Nation, the Secretary may waive, for a period of not more than 10 years, the operation, maintenance, and replacement costs allocable to the Nation for that section of the Project that the Secretary determines are in excess of the ability of the Nation to pay.
(2)

Subsequent payment by nation.—
After a waiver under paragraph (1), the Nation shall pay all allocated operation, maintenance, and replacement costs of that section of the Project.
(3)

Payment by united states.—
Any operation, maintenance, or replacement costs waived by the Secretary under paragraph (1) shall be paid by the United States and shall be nonreimbursable.
(4)

Effect on contracts.—
Failure of the Secretary to waive costs under paragraph (1) because of a lack of availability of Federal funding to pay the costs under paragraph (3) shall not alter the obligations of the Nation or the United States under a repayment contract.
(5)

Termination of Authority.—
The authority of the Secretary to waive costs under paragraph (1) with respect to a Project facility transferred to the Nation under section 10602(f) shall terminate on the date on which the Project facility is transferred.
(g)

Project Construction Committee.—
The Secretary shall facilitate the formation of a project construction committee with the Project Participants and the State of New Mexico—
(1)
to review cost factors and budgets for construction and operation and maintenance activities;
(2)
to improve construction management through enhanced communication; and
(3)
to seek additional ways to reduce overall Project costs.
* * * * * * *
SEC. 10609.

AUTHORIZATION OF APPROPRIATIONS
(a)

Authorization of Appropriations for Navajo-Gallup Water Supply Project.—
(1)

In general.—
There is authorized to be appropriated to the Secretary to plan, design, and construct the Project $870,000,000 for the period of fiscal years 2009 through 2024, to remain available until expended.
(2)

Adjustments.—
The amount under paragraph (1) shall be adjusted by such amounts as may be required by reason of changes since 2007 in construction costs, as indicated by engineering cost indices applicable to the types of construction involved.
(3)

Use.—
In addition to the uses authorized under paragraph (1), amounts made available under that paragraph may be used for the conduct of related activities to comply with Federal environmental laws.
(4)

Operation and maintenance.—
(A)

In general.—
There are authorized to be appropriated such sums as are necessary to operate and maintain the Project consistent with this subtitle.
(B)

Expiration.—
The authorization under subparagraph (A) shall expire 10 years after the year the Secretary declares the Project to be substantially complete.
(b)

Appropriations for Conjunctive Use Wells.—
(1)

San juan wells.—
There is authorized to be appropriated to the Secretary for the planning, design, construction, rehabilitation, and operation and maintenance of conjunctive use wells under section 10606(b) $30,000,000, as adjusted under paragraph (3), for the period of fiscal years 2009 through 2019.
(2)

Wells in the Little Colorado and Rio Grande Basins.—
There are authorized to be appropriated to the Secretary for the planning, design, construction, rehabilitation, and operation and maintenance of conjunctive use wells under section 10606(c) such sums as are necessary for the period of fiscal years 2009 through 2024.
(3)

Adjustments.—
The amount under paragraph (1) shall be adjusted by such amounts as may be required by reason of changes since 2008 in construction costs, as indicated by engineering cost indices applicable to the types of construction or rehabilitation involved.
(4)

Nonreimbursable expenditures.—
Amounts made available under paragraphs (1) and (2) shall be nonreimbursable to the United States.
(5)

Use.—
In addition to the uses authorized under paragraphs (1) and (2), amounts made available under that paragraph may be used for the conduct of related activities to comply with Federal environmental laws.
(6)

Limitation.—
Appropriations authorized under paragraph (1) shall not be used for operation or maintenance of any conjunctive use wells at a time in excess of 3 years after the well is declared substantially complete.
(c)

San Juan River Irrigation Projects.—
(1)

In general.—
There are authorized to be appropriated to the Secretary—
(A)
to carry out section 10607(a)(1), not more than $7,700,000, as adjusted under paragraph (2), for the period of fiscal years 2009 through 2016, to remain available until expended; and
(B)
to carry out section 10607(a)(2), not more than $15,400,000, as adjusted under paragraph (2), for the period of fiscal years 2009 through 2019, to remain available until expended.
(2)

Adjustment.—
The amounts made available under paragraph (1) shall be adjusted by such amounts as may be required by reason of changes since January 1, 2004, in construction costs, as indicated by engineering cost indices applicable to the types of construction involved in the rehabilitation.
(3)

Nonreimbursable expenditures.—
Amounts made available under this subsection shall be nonreimbursable to the United States.
(d)

Other Irrigation Projects.—
There are authorized to be appropriated to the Secretary to carry out section 10608 $11,000,000 for the period of fiscal years 2009 through 2019.
(e)

Cultural Resources.—
(1)

In general.—
The Secretary may use not more than 4 percent of amounts made available under subsections (a), (b), and (c) for the survey, recovery, protection, preservation, and display of archaeological resources in the area of a Project facility or conjunctive use well.
(2)

Nonreimbursable expenditures.—
Any amounts made available under paragraph (1) shall be nonreimbursable.
(f)

Fish and Wildlife Facilities.—
(1)

In general.—
In association with the development of the Project, the Secretary may use not more than 2 percent of amounts made available under subsections (a), (b), and (c) to purchase land and construct and maintain facilities to mitigate the loss of, and improve conditions for the propagation of, fish and wildlife if any such purchase, construction, or maintenance will not affect the operation of any water project or use of water.
(2)

Nonreimbursable expenditures.—
Any amounts expended under paragraph (1) shall be nonreimbursable.
* * * * * * *
PART IV—

NAVAJO NATION WATER RIGHTS
SEC. 10701.
[43 U.S.C. 620 note]

AGREEMENT.
(a)

Agreement Approval.—
(1)

Approval by congress.—
Except to the extent that any provision of the Agreement conflicts with this subtitle, Congress approves, ratifies, and confirms the Agreement (including any amendments to the Agreement that are executed to make the Agreement consistent with this subtitle).
(2)

Execution by secretary.—
The Secretary shall enter into the Agreement to the extent that the Agreement does not conflict with this subtitle, including—
(A)
any exhibits to the Agreement requiring the signature of the Secretary; and
(B)
any amendments to the Agreement necessary to make the Agreement consistent with this subtitle.
(3)

Authority of secretary.—
The Secretary may carry out any action that the Secretary determines is necessary or appropriate to implement the Agreement, the Contract, and this section.
(4)

Administration of navajo reservoir releases.—
The State of New Mexico may administer water that has been released from storage in Navajo Reservoir in accordance with subparagraph 9.1 of the Agreement.
(b)

Water Available Under Contract.—
(1)

Quantities of water available.—
(A)

In general.—
Water shall be made available annually under the Contract for projects in the State of New Mexico supplied from the Navajo Reservoir and the San Juan River (including tributaries of the River) under New Mexico State Engineer File Numbers 2849, 2883, and 3215 in the quantities described in subparagraph (B).
(B)

Water quantities.—
The quantities of water referred to in subparagraph (A) are as follows:
| Diversion (acre-feet/year) | Depletion (acre-feet/year)
Navajo Indian Irrigation Project | 508,000 | 270,000
Navajo-Gallup Water Supply Project | 22,650 | 20,780
Animas-La Plata Project | 4,680 | 2,340
Total | 535,330 | 293,120
(C)

Maximum quantity.—
A diversion of water to the Nation under the Contract for a project described in subparagraph (B) shall not exceed the quantity of water necessary to supply the amount of depletion for the project.
(D)

Terms, conditions, and limitations.—
The diversion and use of water under the Contract shall be subject to and consistent with the terms, conditions, and limitations of the Agreement, this subtitle, and any other applicable law.
(2)

Amendments to contract.—
The Secretary, with the consent of the Nation, may amend the Contract if the Secretary determines that the amendment is—
(A)
consistent with the Agreement; and
(B)
in the interest of conserving water or facilitating beneficial use by the Nation or a subcontractor of the Nation.
(3)

Rights of the nation.—
The Nation may, under the Contract—
(A)
use tail water, wastewater, and return flows attributable to a use of the water by the Nation or a subcontractor of the Nation if—
(i)
the depletion of water does not exceed the quantities described in paragraph (1); and
(ii)
the use of tail water, wastewater, or return flows is consistent with the terms, conditions, and limitations of the Agreement, and any other applicable law; and
(B)
change a point of diversion, change a purpose or place of use, and transfer a right for depletion under this subtitle (except for a point of diversion, purpose or place of use, or right for depletion for use in the State of Arizona under section 10603(b)(2)(D)), to another use, purpose, place, or depletion in the State of New Mexico to meet a water resource or economic need of the Nation if—
(i)
the change or transfer is subject to and consistent with the terms of the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Contract, and any other applicable law; and
(ii)
a change or transfer of water use by the Nation does not alter any obligation of the United States, the Nation, or another party to pay or repay project construction, operation, maintenance, or replacement costs under this subtitle and the Contract.
(c)

Subcontracts.—
(1)

In general.—
(A)

Subcontracts between nation and third parties.—
The Nation may enter into subcontracts for the delivery of Project water under the Contract to third parties for any beneficial use in the State of New Mexico (on or off land held by the United States in trust for the Nation or a member of the Nation or land held in fee by the Nation).
(B)

Approval required.—
A subcontract entered into under subparagraph (A) shall not be effective until approved by the Secretary in accordance with this subsection and the Contract.
(C)

Submittal.—
The Nation shall submit to the Secretary for approval or disapproval any subcontract entered into under this subsection.
(D)

Deadline.—
The Secretary shall approve or disapprove a subcontract submitted to the Secretary under subparagraph (C) not later than the later of—
(i)
the date that is 180 days after the date on which the subcontract is submitted to the Secretary; and
(ii)
the date that is 60 days after the date on which a subcontractor complies with—
(I)
section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and
(II)
any other requirement of Federal law.
(E)

Enforcement.—
A party to a subcontract may enforce the deadline described in subparagraph (D) under section 1361 of title 28, United States Code.
(F)

Compliance with other law.—
A subcontract described in subparagraph (A) shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, and any other applicable law.
(G)

No liability.—
The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection.
(2)

Alienation.—
(A)

Permanent alienation.—
The Nation shall not permanently alienate any right granted to the Nation under the Contract.
(B)

Maximum term.—
The term of any water use subcontract (including a renewal) under this subsection shall be not more than 99 years.
(3)

Nonintercourse act compliance.—
This subsection—
(A)
provides congressional authorization for the subcontracting rights of the Nation; and
(B)
is deemed to fulfill any requirement that may be imposed by section 2116 of the Revised Statutes (25 U.S.C. 177).
(4)

Forfeiture.—
The nonuse of the water supply secured by a subcontractor of the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section.
(5)

No Per Capita Payments.—
No part of the revenue from a water use subcontract under this subsection shall be distributed to any member of the Nation on a per capita basis.
(d)

Water Leases Not Requiring Subcontracts.—
(1)

Authority of nation.—
(A)

In general.—
The Nation may lease, contract, or otherwise transfer to another party or to another purpose or place of use in the State of New Mexico (on or off land that is held by the United States in trust for the Nation or a member of the Nation or held in fee by the Nation) a water right that—
(i)
is decreed to the Nation under the Agreement; and
(ii)
is not subject to the Contract.
(B)

Compliance with other law.—
In carrying out an action under this subsection, the Nation shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Supplemental Partial Final Decree described in paragraph 4.0 of the Agreement, and any other applicable law.
(2)

Alienation; maximum term.—
(A)

Alienation.—
The Nation shall not permanently alienate any right granted to the Nation under the Agreement.
(B)

Maximum term.—
The term of any water use lease, contract, or other arrangement (including a renewal) under this subsection shall be not more than 99 years.
(3)

No liability.—
The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection.
(4)

Nonintercourse act compliance.—
This subsection—
(A)
provides congressional authorization for the lease, contracting, and transfer of any water right described in paragraph (1)(A); and
(B)
is deemed to fulfill any requirement that may be imposed by the provisions of section 2116 of the Revised Statutes (25 U.S.C. 177).
(5)

Forfeiture.—
The nonuse of a water right of the Nation by a lessee or contractor to the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section.
(e)

Nullification.—
(1)

Deadlines.—
(A)

In general.—
In carrying out this section, the following deadlines apply with respect to implementation of the Agreement:
(i)

Agreement.—
Not later than December 31, 2010, the Secretary shall execute the Agreement.
(ii)

Contract.—
Not later than December 31, 2010, the Secretary and the Nation shall execute the Contract.
(iii)

Partial final decree.—
Not later than December 31, 2013, the court in the stream adjudication shall have entered the Partial Final Decree described in paragraph 3.0 of the Agreement.
(iv)

Fruitland-cambridge irrigation project.—
Not later than December 31, 2016, the rehabilitation construction of the Fruitland-Cambridge Irrigation Project authorized under section 10607(a)(1) shall be completed.
(v)

Supplemental partial final decree.—
Not later than December 31, 2016, the court in the stream adjudication shall enter the Supplemental Partial Final Decree described in subparagraph 4.0 of the Agreement.
(vi)

Hogback-cudei irrigation project.—
Not later than December 31, 2019, the rehabilitation construction of the Hogback-Cudei Irrigation Project authorized under section 10607(a)(2) shall be completed.
(vii)

Trust fund.—
Not later than December 31, 2019, the United States shall make all deposits into the Trust Fund under section 10702.
(viii)

Conjunctive wells.—
Not later than December 31, 2019, the funds authorized to be appropriated under section 10609(b)(1) for the conjunctive use wells authorized under section 10606(b) should be appropriated.
(ix)

Navajo-gallup water supply project.—
Not later than December 31, 2024, the construction of all Project facilities shall be completed.
(B)

Extension.—
A deadline described in subparagraph (A) may be extended if the Nation, the United States (acting through the Secretary), and the State of New Mexico (acting through the New Mexico Interstate Stream Commission) agree that an extension is reasonably necessary.
(2)

Revocability of agreement, contract and authorizations.—
(A)

Petition.—
If the Nation determines that a deadline described in paragraph (1)(A) is not substantially met, the Nation may submit to the court in the stream adjudication a petition to enter an order terminating the Agreement .
(B)

Termination.—
On issuance of an order to terminate the Agreement under subparagraph (A)—
(i)
the Trust Fund shall be terminated;
(ii)
the balance of the Trust Fund shall be deposited in the general fund of the Treasury;
(iii)
the authorizations for construction and rehabilitation of water projects under this subtitle shall be revoked and any Federal activity related to that construction and rehabilitation shall be suspended; and
(iv)
this part and parts I and III shall be null and void.
(3)

Conditions not causing nullification of settlement.—
(A)

In general.—
If a condition described in subparagraph (B) occurs, the Agreement shall not be nullified or terminated.
(B)

Conditions.—
The conditions referred to in subparagraph (A) are as follows:
(i)
A lack of right to divert at the capacities of conjunctive use wells constructed or rehabilitated under section 10606.
(ii)
A failure—
(I)
to determine or resolve an accounting of the use of water under this subtitle in the State of Arizona;
(II)
to obtain a necessary water right for the consumptive use of water in Arizona;
(III)
to contract for the delivery of water for use in Arizona; or
(IV)
to construct and operate a lateral facility to deliver water to a community of the Nation in Arizona, under the Project.
(f)

Effect on Rights of Indian Tribes.—
(1)

In general.—
Except as provided in paragraph (2), nothing in the Agreement, the Contract, or this section quantifies or adversely affects the land and water rights, or claims or entitlements to water, of any Indian tribe or community other than the rights, claims, or entitlements of the Nation in, to, and from the San Juan River Basin in the State of New Mexico.
(2)

Exception.—
The right of the Nation to use water under water rights the Nation has in other river basins in the State of New Mexico shall be forborne to the extent that the Nation supplies the uses for which the water rights exist by diversions of water from the San Juan River Basin under the Project consistent with subparagraph 9.13 of the Agreement.
* * * * * * *
Subtitle B—

Northwestern New Mexico Rural Water Projects
SEC. 10301.
[43 U.S.C. 371 note]

SHORT TITLE.
This subtitle may be cited as the “Northwestern New Mexico Rural Water Projects Act”.
SEC. 10302.
[43 U.S.C. 407 note]

DEFINITIONS.
In this subtitle:
(1)

Aamodt adjudication.—
The term “Aamodt adjudication” means the general stream adjudication that is the subject of the civil action entitled “State of New Mexico, ex rel. State Engineer and United States of America, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque v. R. Lee Aamodt, et al.”, No. 66 CV 6639 MV/LCS (D.N.M.).
(2)

Abeyta adjudication.—
The term “Abeyta adjudication” means the general stream adjudication that is the subject of the civil actions entitled “State of New Mexico v. Abeyta and State of New Mexico v. Arellano”, Civil Nos. 7896-BB (D.N.M) and 7939-BB (D.N.M.) (consolidated).
(3)

Acre-feet.—
The term “acre-feet” means acre-feet per year.
(4)

Agreement.—
The term “Agreement” means the agreement among the State of New Mexico, the Nation, and the United States setting forth a stipulated and binding agreement signed by the State of New Mexico and the Nation on April 19, 2005.
(5)

Allottee.—
The term “allottee” means a person that holds a beneficial real property interest in a Navajo allotment that—
(A)
is located within the Navajo Reservation or the State of New Mexico;
(B)
is held in trust by the United States; and
(C)
was originally granted to an individual member of the Nation by public land order or otherwise.
(6)

Animas-la plata project.—
The term “Animas-La Plata Project” has the meaning given the term in section 3 of Public Law 100-585 (102 Stat. 2973), including Ridges Basin Dam, Lake Nighthorse, the Navajo Nation Municipal Pipeline, and any other features or modifications made pursuant to the Colorado Ute Settlement Act Amendments of 2000 (Public Law 106-554; 114 Stat. 2763A-258).
(7)

City.—
The term “City” means the city of Gallup, New Mexico, or a designee of the City, with authority to provide water to the Gallup, New Mexico service area.
(8)

Colorado river compact.—
The term “Colorado River Compact” means the Colorado River Compact of 1922 as approved by Congress in the Act of December 21, 1928 (45 Stat. 1057) and by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000).
(9)

Colorado river system.—
The term “Colorado River System” has the same meaning given the term in Article II(a) of the Colorado River Compact.
(10)

Compact.—
The term “Compact” means the Upper Colorado River Basin Compact as consented to by the Act of April 6, 1949 (63 Stat. 31, chapter 48).
(11)

Contract.—
The term “Contract” means the contract between the United States and the Nation setting forth certain commitments, rights, and obligations of the United States and the Nation, as described in paragraph 6.0 of the Agreement.
(12)

Depletion.—
The term “depletion” means the depletion of the flow of the San Juan River stream system in the State of New Mexico by a particular use of water (including any depletion incident to the use) and represents the diversion from the stream system by the use, less return flows to the stream system from the use.
(13)

Draft impact statement.—
The term “Draft Impact Statement” means the draft environmental impact statement prepared by the Bureau of Reclamation for the Project dated March 2007.
(14)

Fund.—
The term “Fund” means the Reclamation Waters Settlements Fund established by section 10501(a).
(15)

Hydrologic determination.—
The term “hydrologic determination” means the hydrologic determination entitled “Water Availability from Navajo Reservoir and the Upper Colorado River Basin for Use in New Mexico,” prepared by the Bureau of Reclamation pursuant to section 11 of the Act of June 13, 1962 (Public Law 87-483; 76 Stat. 99), and dated May 23, 2007.
(16)

Lower basin.—
The term “Lower Basin” has the same meaning given the term in Article II(g) of the Colorado River Compact.
(17)

Nation.—
The term “Nation” means the Navajo Nation, a body politic and federally-recognized Indian nation as provided for in section 101(2) of the Federally Recognized Indian Tribe List of 1994 (25 U.S.C. 497a(2)), also known variously as the “Navajo Tribe,” the “Navajo Tribe of Arizona, New Mexico & Utah,” and the “Navajo Tribe of Indians” and other similar names, and includes all bands of Navajo Indians and chapters of the Navajo Nation.
(18)

Navajo-gallup water supply project; project.—
The term “Navajo-Gallup Water Supply Project” or “Project” means the Navajo-Gallup Water Supply Project authorized under section 10602(a), as described as the preferred alternative in the Draft Impact Statement.
(19)

Navajo Indian Irrigation Project.—
The term “Navajo Indian Irrigation Project” means the Navajo Indian irrigation project authorized by section 2 of Public Law 87-483 (76 Stat. 96).
(20)

Navajo reservoir.—
The term “Navajo Reservoir” means the reservoir created by the impoundment of the San Juan River at Navajo Dam, as authorized by the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620 et seq.).
(21)

Navajo nation municipal pipeline; pipeline.—
The term “Navajo Nation Municipal Pipeline” or “Pipeline” means the pipeline used to convey the water of the Animas-La Plata Project of the Navajo Nation from the City of Farmington, New Mexico, to communities of the Navajo Nation located in close proximity to the San Juan River Valley in the State of New Mexico (including the City of Shiprock), as authorized by section 15(b) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973; 114 Stat. 2763A-263).
(22)

Non-navajo irrigation districts.—
The term “Non-Navajo Irrigation Districts” means—
(A)
the Hammond Conservancy District;
(B)
the Bloomfield Irrigation District; and
(C)
any other community ditch organization in the San Juan River basin in the State of New Mexico.
(23)

Partial final decree.—
The term “Partial Final Decree” means a final and binding judgment and decree entered by a court in the stream adjudication, setting forth the rights of the Nation to use and administer waters of the San Juan River Basin in New Mexico, as set forth in Appendix 1 of the Agreement.
(24)

Project participants.—
The term “Project Participants” means the City, the Nation, and the Jicarilla Apache Nation.
(25)

San juan river basin recovery implementation program.—
The term “San Juan River Basin Recovery Implementation Program” means the intergovernmental program established pursuant to the cooperative agreement dated October 21, 1992 (including any amendments to the program).
(26)

Secretary.—
The term “Secretary” means the Secretary of the Interior, acting through the Commissioner of Reclamation or any other designee.
(27)

Stream adjudication.—
The term “stream adjudication” means the general stream adjudication that is the subject of New Mexico v. United States, et al., No. 75–184 (11th Jud. Dist., San Juan County, New Mexico) (involving claims to waters of the San Juan River and the tributaries of that river).
(28)

Supplemental partial final decree.—
The term “Supplemental Partial Final Decree” means a final and binding judgment and decree entered by a court in the stream adjudication, setting forth certain water rights of the Nation, as set forth in Appendix 2 of the Agreement.
(29)

Trust fund.—
The term “Trust Fund” means the Navajo Nation Water Resources Development Trust Fund established by section 10702(a).
(30)

Upper basin.—
The term “Upper Basin” has the same meaning given the term in Article II(f) of the Colorado River Compact.
SEC. 10303.
[43 U.S.C. 407 note]

COMPLIANCE WITH ENVIRONMENTAL LAWS.
(a)

Effect of Execution of Agreement.—
The execution of the Agreement under section 10701(a)(2) shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b)

Compliance With Environmental Laws.—
In carrying out this subtitle, the Secretary shall comply with each law of the Federal Government relating to the protection of the environment, including—
(1)
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(2)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 10304.

NO REALLOCATION OF COSTS.
(a)

Effect of Act.—
Notwithstanding any other provision of law, the Secretary shall not reallocate or reassign any costs of projects that have been authorized under the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620 et seq.), as of the date of enactment of this Act because of—
(1)
the authorization of the Navajo-Gallup Water Supply Project under this subtitle; or
(2)
the changes in the uses of the water diverted by the Navajo Indian Irrigation Project or the waters stored in the Navajo Reservoir authorized under this subtitle.
(b)

Use of Power Revenues.—
Notwithstanding any other provision of law, no power revenues under the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620 et seq.), shall be used to pay or reimburse any costs of the Navajo Indian Irrigation Project or Navajo-Gallup Water Supply Project.
SEC. 10305.

INTEREST RATE.
Notwithstanding any other provision of law, the interest rate applicable to any repayment contract entered into under section 10604 shall be equal to the discount rate for Federal water resources planning, as determined by the Secretary.
* * * * * * *
TITLE XII—

NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2009 * * * * * * *
Subtitle B—

Ocean and Coastal Mapping Integration Act
* * * * * * *
SEC. 12201.
[33 U.S.C. 3501 note]

SHORT TITLE.
This subtitle may be cited as the “Ocean and Coastal Mapping Integration Act”.
* * * * * * *
SEC. 12204.
[33 U.S.C. 3503]

BIENNIAL REPORTS.
Not later than 18 months after the date of the enactment of the National Ocean Exploration Act, and biennially thereafter until 2040, the co-chairs of the Working Group, in coordination with the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 of such Act, shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives, a report detailing progress made in implementing this subtitle, including—
(1)
an inventory of ocean and coastal mapping data, including the data maintained by the National Centers for Environmental Information of the National Oceanic and Atmospheric Administration, within the territorial sea and the exclusive economic zone and throughout the Continental Shelf of the United States, noting the age and source of the survey and the spatial resolution (metadata) of the data;
(2)
identification of priority areas in need of survey coverage using present technologies;
(3)
a resource plan that identifies when priority areas in need of modern ocean and coastal mapping surveys can be accomplished, including a plan to map the coasts of the United States on a requirements-based cycle, with mapping agencies and partners coordinating on a unified approach that factors in recent related studies, meets multiple user requirements, and identifies gaps;
(4)
the status of efforts to produce integrated digital maps of ocean and coastal areas;
(5)
a description of any products resulting from coordinated mapping efforts under this subtitle that improve public understanding of the coasts and oceans, or regulatory decisionmaking;
(6)
documentation of minimum and desired standards for data acquisition and integrated metadata;
(7)
a statement of the status of Federal efforts to leverage mapping technologies, coordinate mapping activities, share expertise, and exchange data;
(8)
a statement of resource requirements for organizations to meet the goals of the program, including technology needs for data acquisition, processing, and distribution systems;
(9)
a statement of the status of efforts to declassify data gathered by the Navy, the National Geospatial-Intelligence Agency, and other agencies to the extent possible without jeopardizing national security, and make it available to partner agencies and the public;
(10)
the status of efforts to coordinate Federal programs with international, coastal State, and local government and nongovernmental mapping programs and leverage those programs;
(11)
a description of efforts of Federal agencies to streamline and expand contracting with nongovernmental entities for the purpose of fulfilling Federal mapping and charting responsibilities, plans, and strategies;
(12)
an inventory and description of any new Federal or federally funded programs conducting shoreline delineation and ocean or coastal mapping since the previous reporting cycle;
(13)
a progress report on the development of new and innovative technologies and applications through research and development, including cooperative or other agreements with joint or cooperative research institutes and centers and other nongovernmental entities;
(14)
a description of best practices in data processing and distribution and leveraging opportunities among agencies represented on the Working Group and with coastal States, coastal Indian Tribes, and nongovernmental entities;
(15)
an identification of any training, technology, or other requirements for enabling Federal mapping programs, vessels, and aircraft to support a coordinated ocean and coastal mapping program; and
(16)
a timetable for implementation and completion of the plan described in paragraph (3), including recommendations for integrating new approaches into the program.
* * * * * * *
SEC. 12206.
[33 U.S.C. 3504a]

OCEAN AND COASTAL MAPPING FEDERAL FUNDING OPPORTUNITY.
(a)

In General.—
Not later than one year after the date of the enactment of the National Ocean Exploration Act, the Administrator shall develop an integrated ocean and coastal mapping Federal funding match opportunity, to be known as the “Brennan Ocean Mapping Fund” in memory of Rear Admiral Richard T. Brennan, within the National Oceanic and Atmospheric Administration with Federal, State, Tribal, local, nonprofit, private industry, or academic partners in order to increase the coordinated acquisition, processing, stewardship, and archival of new ocean and coastal mapping data in United States waters.
(b)

Rules.—
The Administrator shall develop administrative and procedural rules for the ocean and coastal mapping Federal funding match opportunity developed under subsection (a), to include—
(1)
specific and detailed criteria that must be addressed by an applicant, such as geographic overlap with preestablished priorities, number and type of project partners, benefit to the applicant, coordination with other funding opportunities, and benefit to the public;
(2)
determination of the appropriate funding match amounts and mechanisms to use, such as grants, agreements, or contracts; and
(3)
other funding award criteria as are necessary or appropriate to ensure that evaluations of proposals and decisions to award funding under this section are based on objective standards applied fairly and equitably to those proposals.
(c)

Geospatial Services and Contract Vehicles.—
The ocean and coastal mapping Federal funding match opportunity developed under subsection (a) shall leverage Federal expertise and capacities for geospatial services and Federal geospatial contract vehicles using the private sector for acquisition efficiencies.
SEC. 12207.
[33 U.S.C. 3504b]

AGREEMENTS AND FINANCIAL ASSISTANCE.
(a)

Agreements.—
Subject to the availability of appropriations for such purpose, the head of a Federal agency that is represented on the Interagency Committee on Ocean and Coastal Mapping may enter into agreements with any other agency that is so represented to provide, on a reimbursable or nonreimbursable basis, facilities, equipment, services, personnel, and other support services to carry out the purposes of this subtitle.
(b)

Financial Assistance.—
The Administrator may make financial assistance awards (grants of cooperative agreements) to any State or subdivision thereof or any public or private organization or individual to carry out the purposes of this subtitle.
* * * * * * *
Subtitle C—

Integrated Coastal and Ocean Observation System Act of 2009
SEC. 12301.
[33 U.S.C. 3601 note]

SHORT TITLE.
This subtitle may be cited as the “Integrated Coastal and Ocean Observation System Act of 2009”.
SEC. 12302.
[33 U.S.C. 3601]

PURPOSES.
The purposes of this subtitle are—
(1)
to establish and sustain a national integrated System of ocean, coastal, and Great Lakes observing systems, comprised of Federal and non-Federal components coordinated at the national level by the Council and at the regional level by a network of regional coastal observing systems, and that includes in situ, remote, and other coastal and ocean observation and modeling capabilities, technologies, data management systems, communication systems, and product development systems, and is designed to address regional and national needs for ocean and coastal information, to gather specific data on key ocean, coastal, and Great Lakes variables, and to ensure timely and sustained dissemination and availability of these data—
(A)
to the public;
(B)
to support national defense, search and rescue operations, marine commerce, navigation safety, weather, climate, and marine forecasting, energy siting and production, economic development, ecosystem-based marine, coastal, and Great Lakes resource management, public safety, and public outreach and education;
(C)
to promote greater public awareness and stewardship of the Nation’s ocean, coastal, and Great Lakes resources and the general public welfare;
(D)
to provide easy access to ocean, coastal, and Great Lakes data and promote data sharing between Federal and non-Federal sources and promote public data sharing;
(E)
to enable advances in scientific understanding to support the sustainable use, conservation, management, and understanding of healthy ocean, coastal, and Great Lakes resources to ensure the Nation can respond to opportunities to enhance food, economic, and national security; and
(F)
to monitor and model changes in the oceans and Great Lakes, including with respect to chemistry, harmful algal blooms, hypoxia, water levels, and other phenomena;
(2)
to improve the Nation’s capability to measure, track, observe, understand, and predict events related directly and indirectly to weather and climate, natural climate variability, and interactions between the oceanic and atmospheric environments, including the Great Lakes;
(3)
to sustain, upgrade, and modernize the Nation’s ocean and Great Lakes observing infrastructure to detect changes and ensure delivery of reliable and timely information; and
(4)
to authorize activities—
(A)
to promote basic and applied research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies, including advanced observing technologies such as unmanned maritime systems needed to address critical data gaps, modeling systems, other scientific and technological capabilities to improve the understanding of weather and climate, ocean-atmosphere dynamics, global climate change, and the physical, chemical, and biological dynamics of the ocean, coastal, and Great Lakes environments; and
(B)
to conserve healthy and restore degraded coastal ecosystems.
SEC. 12303.
[33 U.S.C. 3602]

DEFINITIONS.
In this subtitle:
(1)

Administrator.—
The term “Administrator” means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary’s capacity as Administrator of the National Oceanic and Atmospheric Administration.
(2)

Council.—
The term “Council” means the National Ocean Research Leadership Council established by section 8932 of title 10, United States Code.
(3)

Federal assets.—
The term “Federal assets” means all relevant non-classified civilian coastal and ocean observations, technologies, and related modeling, research, data management, basic and applied technology research and development, and public education and outreach programs, that are managed by member agencies of the Council.
(4)

Interagency ocean observation committee.—
The term “Interagency Ocean Observation Committee” means the committee established under section 12304(c)(2).
(5)

Non-federal assets.—
The term “non-Federal assets” means all relevant coastal and ocean observation technologies, related basic and applied technology research and development, and public education and outreach programs that are managed through States, regional organizations, universities, nongovernmental organizations, or the private sector and integrated into the System by a regional coastal observing system, the National Oceanic and Atmospheric Administration, or the agencies participating in the Interagency Ocean Observation Committee.
(6)

Regional coastal observing system.—
The term “regional coastal observing system” means an organizational body that is certified or established by contract or memorandum by the lead Federal agency designated in section 12304(c)(3) and coordinates State, Federal, local, tribal, and private interests at a regional level with the responsibility of engaging the private and public sectors in designing, operating, and improving regional coastal observing systems in order to ensure the provision of data and information that meet the needs of user groups from the respective regions.
(7)

Secretary.—
The term “Secretary” means the Secretary of Commerce, acting through the Administrator.
(8)

System.—
The term “System” means the National Integrated Coastal and Ocean Observation System established under section 12304.
(9)

System plan.—
The term “System Plan” means the plan contained in the document entitled “Ocean. US Publication No. 9, The First Integrated Ocean Observing System (IOOS) Development Plan”, as updated by the Council under this subtitle.
SEC. 12304.
[33 U.S.C. 3603]

INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.
(a)

Establishment.—
The President, acting through the Council, shall establish a National Integrated Coastal and Ocean Observation System to fulfill the purposes set forth in section 12302 of this subtitle and the System Plan and to fulfill the Nation’s international obligations to contribute to the Global Earth Observation System of Systems and the Global Ocean Observing System.
(b)

System Elements.—
(1)

In general.—
In order to fulfill the purposes of this subtitle, the System shall be national in scope and consist of—
(A)
Federal assets to fulfill national and international observation missions and priorities;
(B)
non-Federal assets, including a network of regional coastal observing systems identified under subsection (c)(4), to fulfill regional and national observation missions and priorities;
(C)
observing, modeling, data management, and communication systems for the timely integration and dissemination of data and information products from the System, including reviews of data collection procedures across regions and programs to make recommendations for data collection standards across the System to meet national ocean, coastal, and Great Lakes observation, applied research, and weather forecasting needs;
(D)
a product development system to transform observations into products in a format that may be readily used and understood; and
(E)
a research and development program conducted under the guidance of the Council, consisting of—
(i)
basic and applied research and technology development—
(I)
to improve understanding of coastal and ocean systems and their relationships to human activities; and
(II)
to ensure improvement of operational assets and products, including related infrastructure, observing technologies such as unmanned maritime systems, and information and data processing and management technologies;
(ii)
an advanced observing technology development program to fill gaps in technology;
(iii)
large scale computing resources and research to advance modeling of ocean, coastal, and Great Lakes processes;
(iv)
models to improve regional weather forecasting capabilities and regional weather forecasting products; and
(v)
reviews of data collection procedures across regions and programs to make recommendations for data collection standards across the System to meet national ocean, coastal, and Great Lakes observation, applied research, and weather forecasting needs.
(2)

Enhancing administration and management.—
The head of each Federal agency that has administrative jurisdiction over a Federal asset shall support the purposes of this subtitle and may take appropriate actions to enhance internal agency administration and management to better support, integrate, finance, and utilize observation data, products, and services developed under this section to further its own agency mission and responsibilities.
(3)

Availability of data.—
The head of each Federal agency that has administrative jurisdiction over a Federal asset shall make available data that are produced by that asset and that are not otherwise restricted for integration, management, and dissemination by the System for research and for use in the development of products to address societal needs.
(4)

Non-federal assets.—
Non-Federal assets shall be coordinated, as appropriate, by the Interagency Ocean Observing Committee or by regional coastal observing systems.
(c)

Policy Oversight, Administration, and Regional Coordination.—
(1)

Council functions.—
The Council shall serve as the policy and coordination oversight body for all aspects of the System. In carrying out its responsibilities under this subtitle, the Council shall—
(A)
approve and adopt comprehensive System budgets developed and maintained by the Interagency Ocean Observation Committee to support System operations, including operations of both Federal and non-Federal assets;
(B)
ensure coordination of the System with other domestic and international earth observing activities including the Global Ocean Observing System and the Global Earth Observing System of Systems, and provide, as appropriate, support for and representation on United States delegations to international meetings on coastal and ocean observing programs; and
(C)
encourage coordinated intramural and extramural research and technology development, and a process to transition developing technology and methods into operations of the System.
(2)

Interagency ocean observation committee.—
(A)

Establishment.—
The Council shall establish or designate a committee, which shall be known as the “Interagency Ocean Observation Committee”.
(B)

Duties.—
The Interagency Ocean Observation Committee shall—
(i)
prepare annual and long-term plans for consideration and approval by the Council for the integrated design, operation, maintenance, enhancement, and expansion of the System to meet the objectives of this subtitle and the System Plan;
(ii)
develop and transmit to Congress, along with the budget submitted by the President to Congress pursuant to section 1105(a) of title 31, United States Code, an annual coordinated, comprehensive budget—
(I)
to operate all elements of the System identified in subsection (b); and
(II)
to ensure continuity of data streams from Federal and non-Federal assets;
(iii)
establish requirements for observation data variables to be gathered by both Federal and non-Federal assets and identify, in consultation with regional coastal observing systems, priorities for System observations;
(iv)
establish and define protocols and standards for System data processing, management, collection, configuration standards, formats, and communication for new and existing assets throughout the System network;
(v)
develop contract requirements for each regional coastal observing system—
(I)
to establish eligibility for integration into the System;
(II)
to ensure compliance with all applicable standards and protocols established by the Council; and
(III)
to ensure that regional observations are integrated into the System on a sustained basis;
(vi)
identify gaps in observation coverage or needs for capital improvements of both Federal assets and non-Federal assets;
(vii)
subject to the availability of appropriations, establish through 1 or more Federal agencies participating in the Interagency Ocean Observation Committee, in consultation with the System advisory committee established under subsection (d), a competitive matching grant or other programs—
(I)
to promote intramural and extramural research and development of new, innovative, and emerging observation technologies including testing and field trials; and
(II)
to facilitate the migration of new, innovative, and emerging scientific and technological advances from research and development to operational deployment;
(viii)
periodically—
(I)
review the System Plan; and
(II)
submit to the Council such recommendations as the Interagency Ocean Observation Committee may have for improvements to the System Plan;
(ix)
ensure collaboration among Federal agencies participating in the Interagency Ocean Observation Committee; and
(x)
perform such additional duties as the Council may delegate.
(3)

Lead federal agency.—
(A)

In general.—
The National Oceanic and Atmospheric Administration shall function as the lead Federal agency for the implementation and administration of the System.
(B)

Consultation required.—
In carrying out this paragraph, the Administrator shall consult with the Council, the Interagency Ocean Observation Committee, other Federal agencies that maintain portions of the System, and the regional coastal observing systems.
(C)

Requirements.—
In carrying out this paragraph, the Administrator shall—
(i)
establish and operate an Integrated Ocean Observing System Program Office within the National Oceanic and Atmospheric Administration that—
(I)
utilizes, to the extent necessary, personnel from Federal agencies participating in the Interagency Ocean Observation Committee; and
(II)
oversees daily operations and coordination of the System;
(ii)
implement policies, protocols, and standards approved by the Council and delegated by the Interagency Ocean Observation Committee;
(iii)
promulgate program guidelines—
(I)
to certify and integrate regional associations into the System; and
(II)
to provide regional coastal and ocean observation data that meet the needs of user groups from the respective regions;
(iv)
have the authority to enter into and oversee contracts, leases, grants, or cooperative agreements with non-Federal assets, including regional coastal observing systems, to support the purposes of this subtitle on such terms as the Administrator deems appropriate;
(v)
implement and maintain a merit-based, competitive funding process to support non-Federal assets, including the development and maintenance of a national network of regional coastal observing systems, and develop and implement a process for the periodic review and evaluation of the regional associations;
(vi)
provide opportunities for competitive contracts and grants for demonstration projects to design, develop, integrate, deploy, maintain, and support components of the System;
(vii)
establish and maintain efficient and effective administrative procedures for the timely allocation of funds among contractors, grantees, and non-Federal assets, including regional coastal observing systems;
(viii)
develop and implement a process for the periodic review and evaluation of the regional coastal observing systems;
(ix)
formulate an annual process by which gaps in observation coverage or needs for capital improvements of Federal assets and non-Federal assets of the System are—
(I)
identified by the regional associations described in the System Plan, the Administrator, or other members of the System; and
(II)
submitted to the Interagency Ocean Observation Committee;
(x)
develop and be responsible for a data management and communication system, in accordance with standards and protocols established by the Interagency Ocean Observation Committee, by which all data collected by the System regarding ocean and coastal waters of the United States including the Great Lakes, are processed, stored, integrated, and made available to all end-user communities;
(xi)
not less frequently than once each year, submit to the Interagency Ocean Observation Committee a report on the accomplishments, operational needs, and performance of the System to contribute to the annual and long-term plans prepared pursuant to paragraph (2)(B)(i);
(xii)
develop and periodically update a plan to efficiently integrate into the System new, innovative, or emerging technologies that have been demonstrated to be useful to the System and which will fulfill the purposes of this subtitle and the System Plan; and
(xiii)
work with users and regional associations to develop products to enable real-time data sharing for decision makers, including with respect to weather forecasting and modeling, search and rescue operations, corrosive seawater forecasts, water quality monitoring and communication, and harmful algal bloom forecasting.
(4)

Regional coastal observing systems.—
(A)

In general.—
A regional coastal observing system described in the System Plan as a regional association may not be certified or established under this subtitle unless it—
(i)
has been or shall be certified or established by contract or agreement by the Administrator;
(ii)
meets—
(I)
the certification standards and compliance procedure guidelines issued by the Administrator; and
(II)
the information needs of user groups in the region while adhering to national standards;
(iii)
demonstrates an organizational structure, that under funding limitations is capable of—
(I)
gathering required System observation data;
(II)
supporting and integrating all aspects of coastal and ocean observing and information programs within a region; and
(III)
reflecting the needs of State, local, and tribal governments, commercial interests, and other users and beneficiaries of the System and other requirements specified under this subtitle and the System Plan;
(iv)
identifies—
(I)
gaps in observation coverage needs for capital improvements of Federal assets and non-Federal assets of the System; and
(II)
other recommendations to assist in the development of the annual and long-term plans prepared pursuant to paragraph (2)(B)(i) and transmits such information to the Interagency Ocean Observation Committee through the Program Office established under paragraph (3)(C)(i);
(v)
develops and operates under a strategic plan that will ensure the efficient and effective administration of programs and assets to support daily data observations for integration into the System, pursuant to the standards approved by the Council;
(vi)
works cooperatively with governmental and nongovernmental entities at all levels to identify and provide information products of the System for multiple users within the service area of the regional coastal observing system; and
(vii)
complies with all financial oversight requirements established by the Administrator, including requirements relating to audits.
(B)

Participation.—
For the purposes of this subtitle, employees of Federal agencies are permitted to be members of the governing body for the regional coastal observing systems and may participate in the functions of the regional coastal observing systems.
(d)

System Advisory Committee.—
(1)

In general.—
The Administrator shall establish or designate a System advisory committee, which shall provide advice as may be requested by the Administrator or the Council under this subtitle
(2)

Purpose.—
The purpose of the System advisory committee is to advise the Administrator and the Interagency Ocean Observing Committee on—
(A)
administration, operation, management, and maintenance of the System, including integration of Federal and non-Federal assets and data management, data sharing, and communication aspects of the System, and fulfillment of the purposes set forth in section 12302;
(B)
expansion and periodic modernization and upgrade of technology components of the System;
(C)
identification of end-user communities, their needs for information provided by the System, and the System’s effectiveness in disseminating information to end-user communities and the general public;
(D)
additional priorities, including—
(i)
a national surface current mapping network designed to improve fine scale sea surface mapping using high frequency radar technology and other emerging technologies to address national priorities, including Coast Guard search and rescue operation planning and harmful algal bloom forecasting and detection that—
(I)
is comprised of existing high frequency radar and other sea surface current mapping infrastructure operated by national programs and regional coastal observing systems;
(II)
incorporates new high frequency radar assets or other fine scale sea surface mapping technology assets, and other assets needed to fill gaps in coverage on United States coastlines; and
(III)
follows a deployment plan that prioritizes closing gaps in high frequency radar infrastructure in the United States, starting with areas demonstrating significant sea surface current data needs, especially in areas where additional data will improve Coast Guard search and rescue models;
(ii)
fleet acquisition for unmanned maritime systems for deployment and data integration to fulfill the purposes of this subtitle;
(iii)
an integrative survey program for application of unmanned maritime systems to the real-time or near real-time collection and transmission of sea floor, water column, and sea surface data on biology, chemistry, geology, physics, and hydrography;
(iv)
remote sensing and data assimilation to develop new analytical methodologies to assimilate data from the System into hydrodynamic models;
(v)
integrated, multi-State monitoring to assess sources, movement, and fate of sediments in coastal regions;
(vi)
a multi-region marine sound monitoring system to be—
(I)
planned in consultation with the Interagency Ocean Observation Committee, the National Oceanic and Atmospheric Administration, the Department of the Navy, and academic research institutions; and
(II)
developed, installed, and operated in coordination with the National Oceanic and Atmospheric Administration, the Department of the Navy, and academic research institutions; and
(E)
any other purpose identified by the Administrator or the Council.
(3)

Members.—
(A)

In general.—
The System advisory committee shall be composed of members appointed by the Administrator. Members shall be qualified by education, training, and experience to evaluate scientific and technical information related to the design, operation, maintenance, or use of the System, or use of data products provided through the System.
(B)

Terms of service.—
The Administrator may stagger the terms of the System advisory committee members. Members shall be appointed for 3-year terms, renewable once. A vacancy appointment shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may subsequently be appointed for 2 full 3-year terms if the remainder of the unexpired term is less than 1 year.
(C)

Chairperson.—
The Administrator shall designate a chairperson from among the members of the System advisory committee.
(D)

Appointment.—
Members of the System advisory committee shall be appointed as special Government employees for purposes of section 202(a) of title 18, United States Code.
(4)

Administrative Provisions.—
(A)

Reporting.—
The System advisory committee shall report to the Administrator , as appropriate.
(B)

Administrative support.—
The Administrator shall provide administrative support to the System advisory committee.
(C)

Meetings.—
The System advisory committee shall meet at least once each year, and at other times at the call of the Administrator, the Interagency Ocean Observation Committee, or the chairperson.
(D)

Compensation and expenses.—
Members of the System advisory committee shall not be compensated for service on that Committee, but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.
(E)

Expiration.—
Section 1013 of title 5, United States Code, shall not apply to the System advisory committee.
(e)

Civil Liability.—
For purposes of determining liability arising from the dissemination and use of observation data gathered pursuant to this section, any non-Federal asset or regional coastal observing system incorporated into the System by a memorandum of agreement of certification under subsection (c)(3)(C)(iii) that is participating in the System shall be considered to be part of the National Oceanic and Atmospheric Administration. Any employee of such a non-Federal asset or regional coastal observing system, while operating within the scope of his or her employment in carrying out the purposes of this subtitle, with respect to tort liability, is deemed to be an employee of the Federal Government.
(f)

Limitation.—
Nothing in this subtitle shall be construed to invalidate existing certifications, contracts, or agreements between regional coastal observing systems and other elements of the System.
SEC. 12305.
[33 U.S.C. 3604]

INTERAGENCY FINANCING AND AGREEMENTS.
(a)

In General.—
The Secretary of Commerce may execute an agreement, on a reimbursable or nonreimbursable basis, with any State or subdivision thereof, any Federal agency, any public or private organization, or any individual to carry out activities under this subtitle.
(b)

Reciprocity.—
Member Departments and agencies of the Council shall have the authority to create, support, and maintain joint centers, and to enter into and perform such contracts, leases, grants, and cooperative agreements as may be necessary to carry out the purposes of this subtitle and fulfillment of the System Plan.
SEC. 12306.
[33 U.S.C. 3605]

APPLICATION WITH OTHER LAWS.
Nothing in this subtitle supersedes or limits the authority of any agency to carry out its responsibilities and missions under other laws.
SEC. 12307.
[33 U.S.C. 3606]

REPORT TO CONGRESS.
(a)

Requirement.—
Not later than March 30, 2022, and every 5 years thereafter, the Administrator shall prepare, and the President acting through the Council shall approve and transmit to Congress, a report on progress made in implementing this subtitle.
(b)

Contents.—
Each report required under subsection (a) shall include—
(1)
a description of activities carried out under this subtitle and the System Plan;
(2)
an evaluation of the effectiveness of the System, including an evaluation of progress made by the Council to achieve the goals identified under the System Plan;
(3)
the identification of Federal and non-Federal assets as determined by the Council that have been integrated into the System, including assets essential to the gathering of required observation data variables necessary to meet the respective missions of Council agencies;
(4)
a review of procurements, planned or initiated, by each department or agency represented on the Council to enhance, expand, or modernize the observation capabilities and data products provided by the System, including data management and communication subsystems;
(5)
a summary of the existing gaps in observation infrastructure and monitoring data collection, including—
(A)
priorities considered by the System advisory committee;
(B)
the national sea surface current mapping network;
(C)
coastal buoys;
(D)
ocean chemistry monitoring;
(E)
marine sound monitoring; and
(F)
unmanned maritime systems technology gaps;
(6)
an assessment regarding activities to integrate Federal and non-Federal assets, nationally and on the regional level, and discussion of the performance and effectiveness of regional coastal observing systems to coordinate regional observation operations;
(7)
a description of benefits of the program to users of data products resulting from the System (including the general public, industries, scientists, resource managers, emergency responders, policy makers, and educators);
(8)
recommendations, if any, concerning—
(A)
modifications to the System; and
(B)
funding levels for the System in subsequent fiscal years; and
(9)
the results of a periodic external independent programmatic audit of the System.
SEC. 12308.
[33 U.S.C. 3607]

PUBLIC-PRIVATE USE POLICY.
The Council shall maintain a policy that defines processes for making decisions about the roles of the Federal Government, the States, regional coastal observing systems, the academic community, and the private sector in providing to end-user communities environmental information, products, technologies, and services related to the System. The Administrator shall ensure that the National Oceanic and Atmospheric Administration adheres to the decision making process developed by the Council regarding the roles of the Federal Government, the States, the regional coastal observing systems, the academic community, and the private sector in providing end-user communities environmental information, data products, technologies, and services related to the System.
[Section 12309 was repealed by section 107(a) of Public Law 116–271.]
SEC. 12310.
[33 U.S.C. 3609]

INTENT OF CONGRESS.
It is the intent of Congress that funding provided to agencies of the Council to implement this subtitle shall supplement, and not replace, existing sources of funding for other programs. It is the further intent of Congress that agencies of the Council shall not enter into contracts or agreements for the development or procurement of new Federal assets for the System that are estimated to be in excess of $250,000,000 in life-cycle costs without first providing adequate notice to Congress and opportunity for review and comment.
SEC. 12311.
[33 U.S.C. 3610]

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Commerce to support the integrated oceans observations under this subtitle—
(1)
$48,000,000 for fiscal year 2021;
(2)
$50,000,000 for fiscal year 2022;
(3)
$52,000,000 for fiscal year 2023;
(4)
$54,000,000 for fiscal year 2024; and
(5)
$56,000,000 for fiscal year 2025.
SEC. 12312.
[33 U.S.C. 3611]

ASSESSING AND MODELING NAMED STORMS OVER COASTAL STATES.
(a)

Definitions.—
In this section:
(1)

COASTAL formula.—
The term “COASTAL Formula” has the meaning given the term in section 1337(a) of the National Flood Insurance Act of 1968.
(2)

Coastal state.—
The term “coastal State” has the meaning given the term “coastal state” in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453), except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system.
(3)

Coastal waters.—
The term “coastal waters” has the meaning given the term in such section.
(4)

Covered data.—
The term “covered data” means, with respect to a named storm identified by the Administrator under subsection (b)(2)(A), empirical data that are—
(A)
collected before, during, or after such storm; and
(B)
necessary to determine magnitude and timing of wind speeds, rainfall, the barometric pressure, river flows, the extent, height, and timing of storm surge, topographic and bathymetric data, and other measures required to accurately model and assess damage from such storm.
(5)

Indeterminate loss.—
The term “indeterminate loss” has the meaning given the term in section 1337(a) of the National Flood Insurance Act of 1968.
(6)

Named storm.—
The term “named storm” means any organized weather system with a defined surface circulation and maximum sustained winds of at least 39 miles per hour which the National Hurricane Center of the United States National Weather Service names as a tropical storm or a hurricane.
(7)

Named storm event model.—
The term “Named Storm Event Model” means the official meteorological and oceanographic computerized model, developed by the Administrator under subsection (b)(1)(A), which utilizes covered data to replicate the magnitude, timing, and spatial variations of winds, rainfall, and storm surges associated with named storms for which post-storm assessments are conducted.
(8)

Participant.—
The term “participant” means a Federal, State, or private entity that chooses to cooperate with the Administrator in carrying out the provisions of this section by collecting, contributing, and maintaining covered data.
(9)

Post-storm assessment.—
The term “post-storm assessment” means a scientific assessment produced and certified by the Administrator to determine the magnitude, timing, and spatial variations of winds, rainfall, and storm surges associated with a specific named storm to be used in the COASTAL Formula.
(10)

State.—
The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
(b)

Named Storm Event Model and Post-storm Assessment.—
(1)

Establishment of named storm event model.—
(A)

In general.—
Not later than December 31, 2020, the Administrator shall develop the Named Storm Event Model.
(B)

Accuracy.—
The Named Storm Event Model shall be designed to generate post-storm assessments, as provided in paragraph (2), that have a degree of accuracy of not less than 90 percent for an indeterminate loss for which a post-storm assessment is utilized.
(C)

Public review.—
The Administrator shall seek input and suggestions from the public before the Named Storm Event Model, or any modification to the Named Storm Event Model, takes effect.
(2)

Post-storm assessment.—
(A)

Identification of named storms threatening coastal states.—
After the establishment of the COASTAL Formula, the Administrator shall, in consultation with the Secretary of Homeland Security, identify named storms that may reasonably constitute a threat to any portion of a coastal State.
(B)

Data collection.—
(i)

In general.—
Upon identification of a named storm under subparagraph (A), and pursuant to the protocol established under subsection (c), the Administrator may deploy sensors to enhance the collection of covered data in the areas in coastal States that the Administrator determines are at the highest risk of experiencing geophysical events that would cause indeterminate losses.
(ii)

Rule of construction.—
If the Administrator takes action under clause (i), that action may not be construed as indicating that a post-storm assessment will be developed for any coastal State in which that action is taken.
(C)

Identification of indeterminate losses in coastal states.—
Not later than 30 days after the first date on which sustained winds of not less than 39 miles per hour are measured in a coastal State during a named storm identified under subparagraph (A), the Secretary of Homeland Security shall notify the Administrator with respect to the existence of any indeterminate losses in that coastal State resulting from that named storm.
(D)

Post-storm assessment required.—
Upon confirmation of indeterminate losses identified under subparagraph (C) with respect to a named storm, the Administrator shall develop a post-storm assessment for each coastal State that suffered such indeterminate losses as a result of the named storm using the Named Storm Event Model and covered data collected for such named storm pursuant to the protocol established under subsection (c)(1).
(E)

Submittal of post-storm assessment.
Not later than 90 days after any indeterminate losses are identified under subparagraph (C), the Administrator shall submit to the Secretary of Homeland Security the post-storm assessment developed under subparagraph (D) for any coastal State that suffered such indeterminate losses.
(F)

Separate post-storm assessments for a single named storm.—
(i)

In general.—
The Administrator may conduct a separate post-storm assessment for each coastal State in which indeterminate losses are identified under subparagraph (C).
(ii)

Timeline.—
If the Administrator conducts a separate post-storm assessment under clause (i), the Administrator shall complete the assessment based on the dates of actions that the Administrator takes under subparagraph (D).
(3)

Accuracy.—
The Administrator shall ensure, to the greatest extent practicable, that each post-storm assessment developed under paragraph (2) has a degree of accuracy of not less than 90 percent.
(4)

Certification.—
For each post-storm assessment carried out under paragraph (2), the Administrator shall—
(A)
certify the degree of accuracy for such assessment, including specific reference to any segments or geographic areas for which the assessment is less than 90 percent accurate; and
(B)
report such certification to the Secretary of Homeland Security for the purposes of use with indeterminate loss claims under section 1337 of the National Flood Insurance Act of 1968.
(5)

Finality of determinations.—
A certification of the degree of accuracy of a post-storm assessment under this subsection by the Administrator shall be final and shall not be subject to judicial review.
(6)

Availability.—
The Administrator shall make available to the public the Named Storm Event Model and any post-storm assessment developed under this subsection.
(c)

Establishment of a Protocol for Post-storm Assessment.—
(1)

In general.—
Not later than December 31, 2020, the Administrator shall establish a protocol, based on the plan submitted under subsection (d)(3), to collect and assemble all covered data required by the Administrator to produce post-storm assessments required by subsection (b), including assembling data collected by participants and stored in the database established under subsection (f) and from such other sources as the Administrator considers appropriate.
(2)

Acquisition of sensors and structures.—
If the Administrator is unable to use a public or private asset to obtain covered data as part of the protocol established under paragraph (1), the Administrator may acquire such sensors and structures for the placement of sensors as may, in the discretion of the Administrator, be necessary to obtain such data.
(3)

Use of federal assets.—
If the protocol requires placement of a sensor to develop assessments pursuant to subsection (b), the Administrator shall, to the extent practicable, use Federal assets for the placement of such sensors.
(4)

Use of acquired structures.—
(A)

In general.—
If the Administrator acquires a structure for the placement of a sensor for purposes of such protocol, the Administrator shall to the extent practical permit other public and private entities to place sensors on such structure to collect—
(i)
meteorological data;
(ii)
national security-related data;
(iii)
navigation-related data;
(iv)
hydrographic data; or
(v)
such other data as the Administrator considers appropriate.
(B)

Receipt of consideration.—
The Administrator may receive and expend consideration for the placement of a sensor on a structure under subparagraph (A).
(C)

In-kind consideration.—
Consideration received under subparagraph (B) may be received in-kind.
(D)

Use of consideration.—
To the extent practicable, consideration received under subparagraph (B) shall be used for the maintenance of sensors used to collect covered data.
(5)

Coordinated deployments and data collection practices.—
The Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology, coordinate the deployment of sensors as part of the protocol established under paragraph (1) and related data collection carried out by Federal, State, academic, and private entities who choose to cooperate with the Administrator in carrying out this subsection.
(6)

Priority acquisition and deployment.—
The Administrator shall give priority in the acquisition for and deployment of sensors under the protocol required by paragraph (1) to areas of coastal States that have the highest risk of being harmed by named storms.
(d)

Assessment of Systems and Efforts to Collect Covered Data.—
(1)

Identification of systems and efforts to collect covered data.—
Not later than 180 days after the date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012, the Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology—
(A)
carry out a survey to identify all Federal and State efforts and systems that are capable of collecting covered data; and
(B)
consult with private and academic sector entities to identify domestic private and academic systems that are capable of collecting covered data.
(2)

Identification of gaps.—
The Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology and individuals and entities consulted under subsection (e)(3), assess the systems identified under paragraph (1) and identify which systems meet the needs of the National Oceanic and Atmospheric Administration for the collection of covered data, including with respect to the accuracy requirement for post-storm assessment under subsection (b)(3).
(3)

Plan.—
Not later than 270 days after the date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012, the Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology, submit to Congress a plan for the collection of covered data necessary to develop the Named Storm Event Model and post-storm assessment required by subsection (b) that addresses any gaps identified in paragraph (2).
(e)

Coordination of Covered Data Collection and Maintenance by Participants.—
(1)

In general.—
The Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology, coordinate the collection and maintenance of covered data by participants under this section—
(A)
to streamline the process of collecting covered data in accordance with the protocol established under subsection (c)(1); and
(B)
to maintain transparency of such process and the database established under subsection (f).
(2)

Sharing information.—
The Administrator shall establish a process for sharing among participants information relevant to collecting and using covered data for—
(A)
academic research;
(B)
private sector use;
(C)
public outreach; and
(D)
such other purposes as the Administrator considers appropriate.
(3)

Consultation.—
In carrying out paragraphs (1) and (2), the Administrator shall consult with the following:
(A)
The Commanding General of the Corps of Engineers.
(B)
The Administrator of the Federal Emergency Management Agency.
(C)
The Commandant of the Coast Guard.
(D)
The Director of the United States Geological Survey.
(E)
The Office of the Federal Coordinator for Meteorology.
(F)
The Director of the National Science Foundation.
(G)
The Administrator of the National Aeronautics and Space Administration.
(H)
Such public, private, and academic sector entities as the Administrator considers appropriate for purposes of carrying out the provisions of this section.
(f)

Establishment of Coastal Wind and Water Event Database.—
(1)

In general.—
Not later than 1 year after the date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012, the Administrator shall establish a database for the collection and compilation of covered data—
(A)
to support the protocol established under subsection (c)(1); and
(B)
for the purposes listed in subsection (e)(2).
(2)

Designation.—
The database established under paragraph (1) shall be known as the “Coastal Wind and Water Event Database”.
(g)

Comptroller General Study.—
Not later than 1 year after the date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012, the Comptroller General of the United States shall—
(1)
complete an audit of Federal efforts to collect covered data for purposes of the Consumer Option for an Alternative System to Allocate Losses Act of 2012, which audit shall—
(A)
examine duplicated Federal efforts to collect covered data; and
(B)
determine the cost effectiveness of such efforts; and
(2)
submit to the Committee on Banking, Housing, and Urban Affairs and the Commerce, Science, and Transportation of the Senate and the Committee on Financial Services and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the Comptroller General with respect to the audit completed under paragraph (1).
Subtitle D—

Federal Ocean Acidification Research and Monitoring Act of 2009
SEC. 12401.
[33 U.S.C. 3701 Note]

SHORT TITLE.
This subtitle may be cited atitles the “Federal Ocean Acidification Research And Monitoring Act of 2009” or the “FOARAM Act”.
SEC. 12402.
[33 U.S.C. 3701]

PURPOSES.
The purposes of this subtitle are to provide for—
(1)
development coordination and implementation of a comprehensive interagency plan to—
(A)
monitor and conduct research on the processes and consequences of ocean acidification and coastal acidification on marine organisms and ecosystems; and
(B)
maintain and advise an interagency research, monitoring, and public outreach program on ocean acidification and coastal acidification;
(2)
maintenance of an ocean acidification program within the National Oceanic and Atmospheric Administration;
(3)
assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification and coastal acidification; and
(4)
research adaptation strategies and mitigating the impacts of ocean and coastal acidification and related co-stressors on marine ecosystems.
SEC. 12403.
[33 U.S.C. 3702]

DEFINITIONS.
In this subtitle:
(1)

Coastal acidification.—
The term “coastal acidification” means the decrease in pH and changes in the water chemistry of coastal oceans, estuaries, and Great Lakes from atmospheric pollution, freshwater inputs, and excess nutrient run-off from land.
(2)

Ocean acidification.—
The term “ocean acidification” means the decrease in pH and changes in the water chemistry of the Earth’s oceans, coastal estuaries, marine waterways, and Great Lakes caused by carbon dioxide from the atmosphere and the breakdown of organic matter.
(3)

Secretary.—
The term “Secretary” means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.
(4)

Subcommittee.—
The term “Subcommittee” means the National Science and Technology Council Subcommittee on Ocean Science and Technology.
(5)

State.—
The term “State” means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States.
SEC. 12404.
[33 U.S.C. 3703]

INTERAGENCY WORKING GROUP.
(a)

Designation.—
(1)

In general.—
The Subcommittee shall coordinate Federal activities on ocean and coastal acidification and establish and maintain an interagency working group.
(2)

Membership.—
The interagency working group on ocean acidification shall be comprised of senior representatives from the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the United States Fish and Wildlife Service, the Bureau of Ocean Energy Management, the Environmental Protection Agency, the Department of Agriculture, the Department of State, the Department of Energy, the Department of the Navy, the National Park Service, the Bureau of Indian Affairs, the National Institute of Standards and Technology, the Smithsonian Institution, and such other Federal agencies as appropriate.
(3)

Chair.—
The interagency working group shall be chaired by the representative from the National Oceanic and Atmospheric Administration.
(b)

Duties.—
The Subcommittee shall—
(1)
develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 12405 of this subtitle and oversee the implementation of the plan;
(2)
oversee the development of—
(A)
an assessment of the potential impacts of ocean acidification and coastal acidification on marine organisms and marine ecosystems; and
(B)
adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidification and coastal acidification;
(3)
facilitate communication and outreach opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources;
(4)
coordinate the United States Federal research and monitoring program with research and monitoring programs and scientists from other nations;
(5)
establish or designate, and contribute to as appropriate, an Ocean Acidification Information Exchange to make information on ocean acidification and coastal acidification developed through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidificationand coastal acidification; and6
^6
The semicolon and “and” at the end of paragraph (5) is so in law. Probably should be a period.
(c)

Advisory Board.—
(1)

Establishment.—
The Chair of the Subcommittee shall establish an Ocean Acidification Advisory Board.
(2)

Duties.—
The Advisory Board shall—
(A)
maintain a process for reviewing and making recommendations to the Subcommittee on—
(i)
the biennial report specified in subsection (d)(2); and
(ii)
the strategic research plan in subsection (d)(3);
(B)
provide ongoing advice to the Subcommittee and the interagency working group on matters related to Federal activities on ocean and coastal acidification, including impacts and mitigation of ocean and coastal acidification; and
(C)
advise the Subcommittee and the interagency working group on—
(i)
efforts to coordinate research and monitoring activities related to ocean acidification and coastal acidification; and
(ii)
the best practices for the standards developed for data archiving under section 12406(d).
(3)

Membership.—
The Advisory Board shall consist of 25 members as follows:
(A)
Two representatives of the shellfish, lobster, or crab industry.
(B)
One representative of the finfish industry.
(C)
One representative of seafood processors.
(D)
Three representatives from academia, including both natural and social sciences.
(E)
One representative of recreational fishing.
(F)
One representative of a relevant nongovernmental organization.
(G)
Six representatives from relevant State and local governments with policy or regulatory authorities related to ocean acidification and coastal acidification.
(H)
One representative from the Alaska Ocean Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.
(I)
One representative from the California Current Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.
(J)
One representative from the Northeast Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.
(K)
One representative from the Southeast Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.
(L)
One representative from the Gulf of Mexico Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.
(M)
One representative from the Mid-Atlantic Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.
(N)
One representative from the Pacific Islands Ocean Observing System or a subsequent entity that represents the island territories and possessions of the United States in the Pacific Ocean, and the State of Hawaii and has a similar purpose.
(O)
One representative from the Caribbean Regional Association for Coastal Ocean Observing or a subsequent entity that represents Puerto Rico and the United States Virgin Islands and has a similar purpose.
(P)
One representative from the National Oceanic and Atmospheric Administration Olympic Coast Ocean Acidification Sentinel Site or a subsequent entity that represents the same geographical representation.
(Q)
One representative from the National Oceanic and Atmospheric Administration shall serve as an ex-officio member of the Advisory Board without a vote.
(4)

Appointment of members.—
The Chair of the Subcommittee shall—
(A)
appoint members to the Advisory Board (taking into account the geographical interests of each individual to be appointed as a member of the Advisory Board to ensure that an appropriate balance of geographical interests are represented by the members of the Advisory Board) who—
(i)
represent the interest group for which each seat is designated;
(ii)
demonstrate expertise on ocean acidification or coastal acidification and its scientific, economic, industry, cultural, and community impacts; and
(iii)
have a record of distinguished service with respect to ocean acidification or coastal acidification, and such impacts;
(B)
give consideration to nominations and recommendations from the members of the interagency working group and the public for such appointments; and
(C)
ensure that an appropriate balance of scientific, industry, State and local resource managers, and geographical interests are represented by the members of the Advisory Board.
(5)

Term of membership.—
Each member of the Advisory Board—
(A)
shall be appointed for a 5-year term; and
(B)
may be appointed to no more than two terms.
(6)

Chair.—
The Chair of the Subcommittee shall appoint one member of the Advisory Board to serve as the Chair of the Advisory Board.
(7)

Meetings.—
Not less than once each calendar year, the Advisory Board shall meet at such times and places as may be designated by the Chair of the Advisory Board, in consultation with the Chair of the Subcommittee and the Chair of the interagency working group.
(8)

Briefing.—
The Chair of the Advisory Board shall brief the Subcommittee and the interagency working group on the progress of the Advisory Board as necessary or at the request of the Subcommittee.
(9)

Tribal government engagement and coordination.—
(A)

In general.—
The Advisory Board shall maintain mechanisms for coordination, and engagement with Tribal governments.
(i)

Rule of construction.—
Nothing in subparagraph (A) may be construed as affecting any requirement to consult with Indian Tribes under Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Tribal governments) or any other applicable law or policy.
(10)

Federal advisory committee act.—
Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Board for 10 years from the date of enactment of this Act.
(d)

Prize Competitions.—
(1)

In general.—
Any Federal agency with a representative serving on the interagency working group established under this section may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). An agency seeking to carry out such a program shall carry out such program in coordination with the chair of such interagency working group.
(2)

Purposes.—
Any prize competition carried out under this subsection shall be for the purpose of stimulating innovation to advance our Nation’s ability to understand, research, or monitor ocean acidification or its impacts, or to develop management or adaptation options for responding to ocean and coastal acidification.
(3)

Priority programs.—
Priority shall be given to establishing programs under this section that address communities, environments, or industries that are in distress due to the impacts of ocean and coastal acidification.
(e)

Reports to Congress.—
(1)

Initial report.—
Not later than 1 year after the date of enactment of this Act, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that—
(A)
includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and
(B)
describes the progress in developing the plan required under section 12405 of this subtitle.
(2)

Biennial Report.—
Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter until 2032, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives, and to the Office of Management and Budget, that includes—
(A)
a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and
(B)
an analysis of the progress made toward achieving the goals and priorities for interagency strategic research plan developed by the Subcommittee under section 12405.
(3)

Strategic research plan.—
Not later than 2 years after the date of enactment of this Act, the Subcommittee shall transmit the strategic research plan developed under section 12405 to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years until 2031 thereafter.
(4)

Economic vulnerability report.—
(A)

In general.—
Not later than 2 years after the date of the enactment of the Coordinated Ocean Observations and Research Act of 2020, and every 6 years thereafter until 2032, the Subcommittee shall transmit to the appropriate committees of Congress a report that—
(i)
is named the “Ocean Chemistry Coastal Community Vulnerability Assessment”;
(ii)
identifies gaps in ocean acidification monitoring by public, academic, and private assets in the network of regional coastal observing systems;
(iii)
identifies geographic areas which have gaps in ocean acidification research;
(iv)
identifies United States coastal communities, including island communities, fishing communities, low-population rural communities, tribal and subsistence communities, and island communities, that may be impacted by ocean acidification;
(v)
identifies impacts of changing ocean carbonate chemistry on the communities described in clause (iv), including impacts from changes in ocean and coastal marine resources that are not managed by the Federal Government;
(vi)
identifies gaps in understanding of the impacts of ocean acidification on economically or commercially important species, particularly those which support United States commercial, recreational, and tribal fisheries and aquaculture;
(vii)
identifies habitats that may be particularly vulnerable to corrosive sea water, including areas experiencing multiple stressors such as hypoxia, sedimentation, and harmful algal blooms;
(viii)
identifies areas in which existing National Integrated Coastal and Ocean Observation System assets, including unmanned maritime systems, may be leveraged as platforms for the deployment of new sensors or other applicable observing technologies;
(ix)
is written in collaboration with Federal agencies responsible for carrying out this subtitle, including representatives of—
(I)
the National Marine Fisheries Service and the Office for Coastal Management of the National Oceanic and Atmospheric Administration;
(II)
regional coastal observing systems established under section 12304(c)(4);
(III)
regional ocean acidification networks; and
(IV)
sea grant programs (as defined in section 203 of the National Sea Grant College Program Act (33 U.S.C. 1122)); and
(x)
is written in consultation with experts, including subsistence users, academia, and stakeholders familiar with the economic, social, ecological, geographic, and resource concerns of coastal communities in the United States.
(B)

Form of report.—
(i)

Initial report.—
The initial report required under subparagraph (A) shall include the information described in clauses (i) through (viii) of that subparagraph on a national level.
(ii)

Subsequent reports.—
Each report required under subparagraph (A) after the initial report—
(I)
may describe the information described in clauses (i) through (viii) of that subparagraph on a national level; or
(II)
may consist of separate reports for each region of the National Oceanic and Atmospheric Administration.
(iii)

Regional reports.—
If the Subcommittee opts to prepare a report required under subparagraph (A) as separate regional reports under clause (ii)(II), the Subcommittee shall submit a report for each region of the National Oceanic and Atmospheric Administration not less frequently than once during each 6-year reporting period.
(C)

Appropriate committees of congress defined.—
In this paragraph and in paragraph (5), the term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Natural Resources of the House of Representatives.
(5)

Monitoring prioritization plan.—
Not later than 180 days after the date of the submission of the initial report under paragraph (4)(A), the Subcommittee shall transmit to the appropriate committees of Congress a report that develops a plan to deploy new sensors or other applicable observing technologies such as unmanned maritime systems—
(A)
based on such initial report;
(B)
prioritized by—
(i)
the threat to coastal economies and ecosystems;
(ii)
gaps in data; and
(iii)
research needs; and
(C)
that leverage existing platforms, where possible.
SEC. 12405.
[33 U.S.C. 3704]

STRATEGIC RESEARCH PLAN.
(a)

In General.—
Not later than 2 years after the date of enactment of this Act, and not later than every 5 years following the publication of each subsequent strategic research plan until 2035, the Subcommittee shall develop a strategic plan for Federal research and monitoring on ocean acidification and coastal acidification that will provide for an assessment of the impacts of ocean acidification and coastal acidification on marine organisms and ecosystems and the development of adaptation and mitigation strategies to address the socioeconomic impacts of ocean acidification and coastal acidification and coastal acidification and coastal acidification and to conserve marine organisms and ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification and coastal acidification that have identified research and monitoring needed to better understand ocean acidification and coastal acidification and its potential impacts, and recommendations made by the Advisory Board established in section 12404(c).
(b)

Contents of the Plan.—
The plan shall—
(1)
provide for interdisciplinary research among the ocean sciences and social sciences, and coordinated research and activities to improve the understanding of ocean chemistry that will affect marine ecosystems;
(2)
establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will—
(A)
advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and marine ecosystems;
(B)
assess the short-term and long-term socioeconomic impacts of ocean acidification;
(C)
provide information for the development of adaptation and mitigation strategies to address—
(i)
socioeconomic impacts of ocean acidification and coastal acidification;
(ii)
conservation of marine organisms and ecosystems;
(iii)
assessment of the effectiveness of such adaptation and mitigation strategies; and
(D)
improve research on—
(i)
ocean acidification and coastal acidification;
(ii)
the interactions between and effects of ocean and coastal acidification and multiple combined stressors including changes in water chemistry, changes in sediment delivery, hypoxia, and harmful algal blooms, on ocean acidification and coastal acidification; and
(iii)
the effect or effects of clauses (i) and (ii) on marine resources and ecosystems;
(3)
describe specific activities, including—
(A)
efforts to determine user needs;
(B)
research activities;
(C)
monitoring activities;
(D)
technology and methods development;
(E)
data collection;
(F)
data management;
(G)
modeling activities;
(H)
assessment of ocean acidification impacts;
(I)
participation in international research efforts;
(J)
assessment of adaptation and mitigation strategies; and
(K)
education and outreach activities;
(4)
identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and ensure an appropriate balance of contribution in establishing the role of each Federal agency in implementing the plan;
(5)
consider and utilize, as appropriate, the best available peer-reviewed scientific reports and studies conducted by Federal agencies, the National Research Council, or other entities;
(6)
make recommendations for the coordination of the ocean acidification and coastal acidification research and monitoring activities within the United States with such activities of other nations and international organizations;
(7)
outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be conducted by each agency under the plan;
(8)
identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidification and coastal acidification and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and coastal acidification and their impacts;
(9)
describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities;
(10)
make recommendations for research to be conducted, including in the social sciences and economics, to address the key knowledge gaps identified in the Ocean Chemistry Coastal Community Vulnerability Assessment conducted under section 12404(c)(4);
(11)
describe monitoring needs necessary to support potentially affected industry members, coastal stakeholders, fishery management councils and commissions, Tribal governments, non-Federal resource managers, and scientific experts on decision-making and adaptation related to ocean acidification and coastal acidification; and
(12)
describe the extent to which the Subcommittee incorporated feedback from the Advisory Board established in section 12404(c).
(c)

Program Elements.—
The plan shall include at a minimum the following program elements:
(1)
Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean monitoring stations, including satellite-based monitoring to characterize—
(A)
marine ecosystems;
(B)
changes in marine productivity; and
(C)
changes in ocean chemistry.
(2)
Research to understand the species specific physiological responses of marine organisms to ocean acidification and coastal acidification, impacts on marine food webs of ocean acidification and coastal acidification, and to develop environmental and ecological indices that track marine ecosystem responses to ocean acidification and coastal acidification.
(3)
Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial inputs, modeling to determine impacts on marine ecosystems, marine food webs, and individual marine organisms, and modeling that supports fisheries management.
(4)
Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats.
(5)
Assessment of socioeconomic impacts of ocean acidification and coastal acidification and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems.
(6)
Research to understand the combined impact of changes in ocean chemistry and other stressors, including sediment delivery, hypoxia, and harmful algal blooms, on each other and on living marine resources, including aquaculture and coastal ecosystems.
(7)
Applied research to identify adaptation strategies for species impacted by changes in ocean chemistry including vegetation-based systems, shell recycling, species and genetic diversity, applied technologies, aquaculture methodologies, and management recommendations.
(8)
Research to understand related and cumulative stressors and other biogeochemical processes occurring in conjunction with ocean acidification and coastal acidification.
(d)

Publication.—
Concurrent with the submission of the plan to Congress, the Subcommittee shall publish the plan on a public website.
SEC. 12406.
[33 U.S.C. 3705]

NOAA OCEAN ACIDIFICATION ACTIVITIES.
(a)

In General.—
The Secretary shall establish and maintain an ocean acidification program within the National Oceanic and Atmospheric Administration to conduct research, monitoring, coordination, and other activities consistent with the strategic research and implementation plan developed by the Subcommittee under section 12405 that—
(1)
includes—
(A)
interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification and coastal acidification;
(B)
the establishment of a long-term monitoring program of ocean acidification and coastal acidification utilizing existing global and national ocean observing assets, including leveraging, as appropriate, the Integrated Ocean Observing System and the ocean observing assets of other Federal, State, and Tribal agencies, and adding instrumentation and sampling stations as appropriate to the aims of the research program;
(C)
prioritization of the location of monitoring instruments, assets, and projects to maximize the efficiency of resources and agency and department missions;
(D)
an optimization of understanding of socioeconomic impacts and ecosystem health7
^7
Lack of punctuation at the end of subparagraph (D) is so in law.
(E)
research to identify and develop adaptation and mitigation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification and coastal acidification;
(F)
technical assistance to socioeconomically vulnerable States, local governments, Tribal governments, communities, and industries impacted by ocean and coastal acidification to support their development of ocean and coastal acidification mitigation strategies;
(G)
as an integral part of the research programs described in this subtitle, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification and coastal acidification;
(H)
as an integral part of the research programs described in this subtitle, national public outreach activities to improve the understanding of current scientific knowledge of ocean acidification and coastal acidification and their respective impacts on marine resources;
(I)
coordination of ocean acidification and coastal acidificationresearch, monitoring, and adaptation and mitigation strategies with other appropriate international ocean science bodies such as the International Oceanographic Commission, the International Council for the Exploration of the Sea, the North Pacific Marine Science Organization, and others;
(J)
research to improve understanding of—
(i)
the impact of ocean acidification and coastal acidification; and
(ii)
how multiple environmental stressors may contribute to and exacerbate ocean and coastal acidification on living marine resources and coastal ecosystems; and
(K)
research to support the development of adaptation and mitigation strategies to address the socioeconomic impacts of ocean and coastal acidification on coastal communities;
(2)
provides grants for critical research, education, and outreach projects that explore and communicate the effects of ocean acidification and coastal acidification on ecosystems and the socioeconomic impacts of increased ocean acidification and coastal acidification that are relevant to the goals and priorities of the strategic research plan;
(3)
incorporates a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program under section 8931 of title 10, United States Code; and
(4)
includes an ongoing mechanism that allows industry members, coastal stakeholders, fishery management councils and commissions, non-Federal resource managers, community acidification networks, indigenous knowledge groups, and scientific experts to provide input on monitoring needs that are necessary to support on the ground management, decision making, and adaptation related to ocean acidification and its impacts.
(b)

Additional Authority.—
In conducting the Program, the Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this subtitle on such terms as the Secretary considers appropriate.
(c)

Relationship to Interagency Working Group.—
The National Oceanic and Atmospheric Administration shall serve as the lead Federal agency responsible for coordinating the Federal response to ocean and coastal acidification. The Administration may enter into Memoranda of Understanding to—
(1)
coordinate monitoring and research efforts among Federal agencies in cooperation with State, local, and Tribal governments and international partners; this may include analysis and synthesis of the results of monitoring and research;
(2)
maintain an Ocean Acidification Information Exchange described under section 12404(b)(5) to allow for information to be electronically accessible, including information—
(A)
on ocean acidification developed through or used by the ocean acidification program described under subsection (a); or
(B)
that would be useful to State governments, local governments, Tribal governments, resource managers, policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification and coastal acidification; and
(3)
establishing and maintaining the data archive system under subsection (d).
(d)

Data Archive System.—
(1)

In general.—
The Secretary, in coordination with the members of the interagency working group, shall support the long-term stewardship of, and access to, data relating to ocean and coastal acidification through providing the data on a publicly accessible data archive system. To the extent possible, this data archive system shall collect and provide access to ocean and coastal acidification data—
(A)
from relevant federally funded research;
(B)
provided by a Federal, State, or local government, academic scientist, citizen scientist, or industry organization;
(C)
voluntarily submitted by Tribes or Tribal governments; and
(D)
from existing global or national data assets that are currently maintained within Federal agencies.
(2)

Data standards.—
The Secretary to, the extent possible, shall ensure all such data adheres to data and metadata standards to support the public findability, accessibility, interoperability, and reusability of such data.
SEC. 12407.
[33 U.S.C. 3706]

NSF OCEAN ACIDIFICATION ACTIVITIES.
(a)

Research Activities.—
The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification and coastal acidification which shall support competitive, merit-based, peer-reviewed proposals for research, observation, and monitoring of ocean acidification and coastal acidification and their respective impacts, including—
(1)
impacts on marine organisms, including species cultured for aquaculture, and marine ecosystems;
(2)
impacts on ocean, coastal, and estuarine biogeochemistry;
(3)
the development of methodologies and technologies to evaluate ocean acidification and coastal acidificationand their respective impacts; and
(4)
impacts of multiple stressors on ecosystems exhibiting hypoxia, harmful algal blooms, or sediment delivery, combined with changes in ocean chemistry; and
(5)
adaptation and mitigation strategies to address socioeconomic effects of ocean acidification and coastal acidification.
(b)

Consistency.—
The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 12405.
(c)

Coordination.—
The Director shall encourage coordination of the Foundation’s ocean acidification and coastal acidification activities with such activities of other nations and international organizations.
(d)

Requirement.—
Recipients of grants from the National Science Foundation under this subtitle that collect data described under section 12406(d) shall—
(1)
collect data in accordance with the standards, protocols, or procedures established pursuant to section 12406(d); and
(2)
submit such data to the Director and the Secretary after publication, in accordance with any rules promulgated by the Director or the Secretary.
SEC. 12408.
[33 U.S.C. 3707]

NASA OCEAN ACIDIFICATION ACTIVITIES.
(a)

Ocean Acidification Activities.—
The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and coastal acidification and their respective impacts.
(b)

Program Consistency.—
The Administrator shall ensure that the Agency’s research and monitoring activities on ocean acidification and coastal acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 12405.
(c)

Coordination.—
The Administrator shall encourage coordination of the Agency’s ocean acidification and coastal acidification activities with such activities of other nations and international organizations.
(d)

Requirement.—
Researchers from the National Aeronautics and Space Administration under this subtitle that collect data described under section 12406(d) shall—
(1)
collect such data in accordance with the standards, protocols, or procedures established pursuant to section 12406(d); and
(2)
submit such data to the Administrator and the Secretary, in accordance with any rules promulgated by the Administrator or the Secretary.
SEC. 12409.
[33 U.S.C. 3708]

AUTHORIZATION OF APPROPRIATIONS.
(a)

NOAA.—
There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this subtitle—
(1)
$20,500,000 for fiscal year 2023;
(2)
$22,000,000 for fiscal year 2024;
(3)
$24,000,000 for fiscal year 2025;
(4)
$26,000,000 for fiscal year 2026; and
(5)
$28,000,000 for fiscal year 2027.
(b)

NSF.—
There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this subtitle, $20,000,000 for each of the fiscal years 2023 through 2027.
* * * * * * *