[Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)]
[Senate]
[Pages S1249-S1251]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4534. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 1383, to establish the Veterans Advisory Committee
on Equal Access, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
TITLE ___--WATERSHED PILOTS
SEC. __01. SHORT TITLE.
This title may be cited as the ``Watershed Results Act''.
SEC. __02. DEFINITIONS.
In this title:
(1) Advance watershed analytics.--The term ``advance
watershed analytics'' means the technical analysis that--
(A) is conducted before providing funding for a watershed
outcomes project;
(B) identifies and quantifies the outcomes and costs of all
potential qualifying activities across the watershed outcomes
project; and
(C) assesses how different groups of qualifying activities
in the watershed outcomes project could efficiently maximize
outcomes for the least cost.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(3) Eligible entity.--The term ``eligible entity''
includes--
(A) a State, Indian Tribe, Tribal organization, irrigation
district, or water district;
(B) a 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 nongovernmental entity.
(4) Pay-for-performance contract.--The term ``pay-for-
performance contract'' means a contract to purchase verified
outcomes produced by implemented qualifying activities in a
watershed outcomes project at a negotiated price.
(5) Qualifying activity.--The term ``qualifying activity''
means a conservation project carried out in a watershed
identified through advance watershed analytics as having a
high likelihood of cost-effectively achieving 1 or more
outcomes if implement consistent with applicable performance
standards made available under section __03(e)(4).
(6) Reclamation state.--The term ``Reclamation State''
means--
(A) a State or territory described in the first section of
the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43
U.S.C. 391);
(B) the State of Hawaii;
(C) the State of Alaska; and
(D) the Commonwealth of Puerto Rico.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Watershed outcomes project.--The term ``watershed
outcomes project'' means the overall watershed project
managed by the watershed partner.
(9) Watershed partner.--The term ``watershed partner''
means an eligible entity selected by the Secretary under
section __03(a)(2) to carry out a watershed outcomes project.
SEC. __03. WATERSHED OUTCOMES PROJECTS.
(a) Proposals; Selection.--The Secretary shall--
(1) not later than 1 year after the date of enactment of
this Act, solicit the submission from eligible entities of
proposals to develop and implement a strategy that develops
and uses advance watershed analytics to cost-effectively
carry out watershed outcomes projects to achieve meaningful
watershed-scale outcomes in a Reclamation State; and
(2) from among the proposals submitted under paragraph (1),
select a watershed partner for each watershed to complete
advance watershed analytics, carry out watershed outcomes
projects in a Reclamation State, manage watershed partnership
duties during the term of the partnership agreement, and
support pay-for-performance contracts.
(b) Guidelines and Criteria for Proposals.--The Secretary--
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(1) shall develop criteria and guidelines for the
submission and selection of proposals under subsection (a);
and
(2) for purposes of developing the criteria and guidelines
under paragraph (1), may consider--
(A) the scope of the proposed watershed outcomes project,
including the selected subregion or basin-level watershed for
consideration;
(B) the purpose and goals of the proposed watershed
outcomes project;
(C) any stakeholder outreach conducted with respect to the
proposed watershed outcomes project;
(D) evidence of widespread support within the local
community for, the proposed watershed outcomes project;
(E) the capability of the watershed partner to perform the
required duties in accordance with subsection (d);
(F) how the watershed partner will procure and use advance
watershed analytics to identify and quantify the outcomes and
costs of all potential qualifying activities for the proposed
watershed outcomes project;
(G) estimated costs of completing advance watershed
analytics and operating the proposed watershed outcomes
project;
(H) the anticipated qualifying activity types that are
relevant for the selected watershed identified under
subparagraph (A); and
(I) plans for monitoring, evaluating, and reporting on
progress made toward achieving the outcomes of the proposed
watershed outcomes project.
(c) Partnership Agreements.--
(1) In general.--The Secretary may enter into a partnership
agreement with a watershed partner selected under subsection
(a)(2) to design and implement a watershed outcomes project
that uses advance watershed analytics to achieve meaningful
watershed-scale outcomes in accordance with this section.
(2) Term.--
(A) In general.--A partnership agreement entered into under
paragraph (1) shall be for a term--
(i) of not more 5 years; or
(ii) if the Secretary determines that a longer term is
necessary to meet the objectives of the watershed outcomes
project, a longer term established by the Secretary.
(B) Renewal.--A partnership agreement entered into under
paragraph (1) may be renewed for a term of not more than 5
years.
(C) Extension.--A partnership agreement entered into under
paragraph (1) or renewed under subparagraph (B) may be
extended 1 time for a term of not more than 2 years, as
determined by the Secretary.
(3) Technical and financial assistance.--Through a
partnership agreement entered into under paragraph (1), the
Secretary shall provide to a watershed partner--
(A) technical or financial assistance to design and
implement a watershed outcomes project; and
(B) grants, cooperative agreements, or other financial
assistance to support--
(i) the activities under subparagraph (A); and
(ii) performance payments to qualifying activities under
subsection (g)(4).
(4) Project development costs.--The Secretary may annually
award to a watershed partner an amount equal to not more than
50 percent of estimated costs of the watershed outcomes
project to carry out the duties described in subsection (d).
(d) Duties of Watershed Partners.--Under a partnership
agreement entered into under subsection (c)(1), the Secretary
shall establish duties to be carried out by the watershed
partner, including considering establishing the following
duties:
(1) Preparing a funding and implementation strategy that
uses advance watershed analytics to cost-effectively carry
out a watershed outcomes project by selecting a sufficient
number of qualifying activities to achieve meaningful
watershed-scale outcomes by--
(A) completing advance watershed analytics to identify and
quantify the outcomes and costs of all potential qualifying
activities for the watershed outcomes project;
(B) establishing baseline metrics to support the
development of setting outcome prices and performance
standards for the watershed outcomes project;
(C) developing performance standards for the watershed
outcomes project;
(D) leveraging financial assistance provided by the
Secretary to secure additional funds for the watershed
outcomes project;
(E) designing, recruiting, and verifying qualifying
activities for the watershed outcomes project; and
(F) providing outcome and financial accounting services
relating to qualifying activities carried out to achieve
outcomes.
(2) Using the strategy prepared under paragraph (1) to
prioritize qualifying activity outreach efforts.
(3) Working with local stakeholders to recruit and design
an implementation-ready queue of priority qualifying
activities.
(4) Ensuring that any proposed priority qualifying
activities have the support of affected local stakeholders.
(5) Setting activity outcome prices and developing
performance standards for qualifying activities.
(6) Developing a plan to carry out qualifying activities
having a high likelihood of cost-effectively achieving 1 or
more outcomes described in subsection (f) if implemented
consistent with the applicable performance standards made
available by the Secretary under subsection (e)(4).
(7) Selecting, developing pay-for-performance contracts
for, funding, and carrying out qualifying activities, in
accordance with the plan developed under paragraph (6), to
achieve meaningful watershed-scale outcomes.
(8)(A) Quantifying the outcomes for qualifying activities.
(B) Verifying that qualifying activities have been
implemented consistent with applicable performance standards.
(C) Providing applicable documentation to the Secretary
with respect to the information quantified and verified under
subparagraphs (A) and (B).
(9) Monitoring qualifying activities at appropriate levels
to confirm ongoing performance.
(10) Other duties necessary to carry out a watershed
outcomes project, as determined to be necessary by the
Secretary.
(e) Duties of Secretary.--Under a partnership agreement
entered into under subsection (c), the Secretary shall--
(1) ensure that there is widespread support within the
local community for the watershed outcomes project;
(2) verify the advance watershed analytics completed by the
watershed partner, to the maximum extent practicable;
(3) ensure that there are made available to the public
outcome price tables, by qualifying activity type, for use as
the basis for negotiating pay-for-performance contracts for
the applicable watershed outcomes project;
(4) ensure that there are made available to the public
qualifying activity and watershed outcomes project
performance standards that are to be used as the basis for--
(A) identifying, quantifying, and verifying qualifying
activity outcomes; and
(B) executing pay-for-performance contracts;
(5) review outcome quantification and verification
documentation provided by the watershed partner under
subsection (d)(8)(C);
(6) provide to a watershed partner financial assistance to
purchase verified outcomes from qualifying activities in a
watershed outcomes project, at prices set for the watershed
outcomes project in accordance with this section; and
(7) coordinate with other Federal agencies, to the maximum
extent practicable, to help leverage and concentrate funding
into watershed outcomes projects.
(f) Required Outcomes for Qualifying Activities.--To be
eligible for a performance payment under subsection (g)(4), a
qualified activity shall produce 1 or more measurable,
clearly defined outcomes that result in a quantifiable and
verifiable--
(1) increase in surface water or groundwater;
(2) increase in aquatic habitat quality, quantity,
connectivity, or access in a watershed;
(3) surface water or groundwater quality improvement,
including water temperature reductions, or a reduction in
salinity or nutrient or sediment runoff associated with
irrigated agriculture; or
(4) other quantifiable benefits, as determined by the
Secretary, likely to improve watershed health in the
watershed outcomes project.
(g) Financial Assistance for Qualifying Activities in
Watershed Outcomes Projects.--
(1) Leveraging federal funding.--To achieve meaningful
watershed-scale outcomes, amounts made available under
section __05 may be used to satisfy any cost-sharing
requirement with respect to carrying out a watershed outcomes
project.
(2) Federal share.--The Federal share of grants or other
financial assistance for a watershed outcomes project under
this title shall be not more than 75 percent of the total
cost of the watershed outcomes project.
(3) Watershed partner contributions.--The Secretary may--
(A) accept non-Federal contributions for a watershed
outcomes project, including funding or financing secured by
the watershed partner in accordance with the strategy
developed under subsection (d)(1); and
(B) use amounts accepted under subparagraph (A) to carry
out activities authorized under this title in the watershed
outcomes project.
(4) Performance payments.--Not later than 90 days after the
date on which a watershed partner verifies the outcomes
generated from qualifying activities and confirms that the
qualifying activity has been implemented consistent with the
performance standards of the applicable watershed outcomes
project, the Secretary shall provide financial assistance to
the watershed partner to support performance payments.
(h) Maximum Number of Watershed Outcomes Projects.--Not
more than a total of 5 watershed outcomes projects may be
carried out under this section.
(i) Restrictions on Use of Advance Watershed Analytics
Data.--
(1) In general.--Nothing in this title affects or modifies
existing law with respect to the treatment of personal data
in the conduct by an employee of the Federal Government or a
designee of an employee of the Federal Government in carrying
out official duties of the Federal employee or designee under
this title.
(2) Data collection.--All information or data collected or
assembled by a Federal employee or a designee of a Federal
employee
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to complete advance watershed analytics activities, directly
or indirectly, under this title--
(A) shall be used for the sole purpose of identifying,
prioritizing, and funding qualifying activities in a
watershed outcomes project; and
(B) shall be considered to be confidential commercial
information that is exempt from disclosure under section
552(b)(4) of title 5, United States Code (commonly known as
the ``Freedom of Information Act'').
(3) Applicability to watershed partners.--Any restrictions
on a Federal employee under this section shall apply to an
employee of a watershed partner.
(j) Effect.--Nothing in this title creates, impairs,
alters, or supersedes a Federal or State water right.
SEC. __04. BRIEFING; REPORTS.
(a) Annual Briefing or Report.--For each fiscal year for
which a watershed outcomes project is carried out under
section __03, not later than the date on which the budget of
the United States Government is submitted by the President
under section 1105 of title 31, United States Code, for that
fiscal year, the Secretary shall provide to the appropriate
committees of Congress a briefing or report describing the
status of each watershed outcomes project, including progress
towards the applicable strategy prepared under section
__03(d)(1), including any payments made for outcomes.
(b) 5-Year Report.--Not later than October 1 of the fifth
fiscal year in which a watershed outcomes project is carried
out under section __03, the Secretary shall submit to the
appropriate committees of Congress a report that--
(1) summarizes--
(A) the projected results of the qualifying activities in
the watershed outcomes project in meeting the strategy
prepared under section __03(d)(1);
(B) the projected outcomes of the watershed outcomes
project;
(C) the total amount of funds secured for the watershed
outcomes project;
(D) the type of funding expended under the watershed
outcomes project; and
(E) such other information as the Secretary determines to
be appropriate; and
(2) includes recommendations for continuing, terminating,
or making permanent the authorizations under this title.
SEC. __05. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to
carry out this title $17,000,000 for each of fiscal years
2026 through 2031.
______