[House Report 116-674]
[From the U.S. Government Publishing Office]
116th Congress } { Rept. 116-674
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
WESTERN WATER SECURITY ACT OF 2020
_______
December 18, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4891]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4891) to provide for the conduct of certain
water security measures in the Western United States, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Western Water
Security Act of 2020''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT
Sec. 101. Watersmart extension and expansion.
Sec. 102. Emergency drought funding.
Sec. 103. Rio Grande Pueblo Irrigation Infrastructure Reauthorization.
TITLE II--GROUNDWATER MANAGEMENT
Sec. 201. Reauthorization and expansion of the Transboundary Aquifer
Assessment Program.
Sec. 202. Groundwater management assessment and improvement.
Sec. 203. Surface and groundwater water availability and the energy
nexus.
TITLE III--WATER CONSERVATION AND ENVIRONMENTAL RESTORATION
Sec. 301. Definitions.
Sec. 302. Water acquisition program.
Sec. 303. Middle Rio Grande Water Conservation.
Sec. 304. Sustaining biodiversity during droughts.
Sec. 305. Reauthorization of cooperative watershed management program.
TITLE IV--EFFECT ON EXISTING LAW
Sec. 401. Effect on existing law.
SEC. 2. DEFINITIONS.
In this Act:
(1) Rio grande compact.--The term ``Rio Grande Compact''
means the compact approved by Congress under the Act of May 31,
1939 (53 Stat. 785, chapter 155).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) State.--The term ``State'' means the State of New Mexico.
TITLE I--INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT
SEC. 101. WATERSMART EXTENSION AND EXPANSION.
(a) Definition of Eligible Applicant.--Section 9502 of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
(1) in the matter preceding paragraph (1), by striking
``section'' and inserting ``subtitle'';
(2) by striking paragraph (7) and inserting the following:
``(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 one or more organizations with
water or power delivery authority;
``(C) any other organization with water or power
delivery authority; or
``(D) any nonprofit conservation organization.'';
(3) by redesignating paragraphs (13) through (17) as
paragraphs (14) through (18), respectively; and
(4) by inserting after paragraph (12) the following:
``(13) Natural water recharge infrastructure.--The term
`natural water recharge infrastructure' means a single project,
a number of distributed projects across a watershed, or the
redesign and replacement, or removal, of built infrastructure
to incorporate natural aquatic elements, in which the project--
``(A) uses natural materials appropriate to the
specific site and landscape setting;
``(B) mimics natural riverine, floodplain, riparian,
wetland, hydrologic, or other ecological processes; and
``(C) results in aquifer recharge, transient
floodplain water retention, or restoration of water in
the landscape such that the water returns to a wetland,
riparian area, or surface water channel.''.
(b) Research Agreements.--Section 9504(b)(1) of the Omnibus Public
Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``nonprofit conservation organization,'' before ``or
organization'';
(2) in subparagraph (B), by striking ``or'' at the end;
(3) by redesignating subparagraph (C) as subparagraph (D);
and
(4) by inserting after subparagraph (B) the following:
``(C) to increase natural water recharge
infrastructure; or''.
(c) Water Management Improvement.--Section 9504(e) of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by
striking ``$530,000,000'' and inserting ``$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)''.
(d) Conforming Amendment.--Section 4009(d) of Public Law 114-322 (42
U.S.C. 10364 note) is amended by striking ``on the condition that of
that amount, $50,000,000 of it is used to carry out section 206 of the
Energy and Water Development and Related Agencies Appropriation Act,
2015 (43 U.S.C. 620 note; Public Law 113-235)''.
SEC. 102. EMERGENCY DROUGHT FUNDING.
(a) Authorization of Appropriations.--Section 301 of the Reclamation
States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) is
amended--
(1) by striking ``120,000,000'' and inserting
``180,000,000''; and
(2) by striking ``2020'' and inserting ``2025, of which not
more than $30,000,000 shall be made available during that
period for the conduct of actions authorized under title I of
the Reclamation States Emergency Drought Relief Act of 1991 (43
U.S.C. 2211 et seq.) to benefit imperiled fish and wildlife''.
(b) Applicable Period of Drought Program.--Section 104 of the
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C.
2214) is amended by striking subsection (a) and inserting the
following:
``(a) In General.--The programs and authorities established under
this title shall become operative in any Reclamation State and in the
State of Hawaii only--
``(1) after the Governor or Governors of the affected State
or States, or the governing body of an affected Indian Tribe
with respect to a reservation, has made a request for temporary
drought assistance and the Secretary has determined that the
temporary assistance is merited;
``(2) after a drought emergency has been declared by the
Governor or Governors of the affected State or States; or
``(3) on approval of a drought contingency plan as provided
in title II.''.
(c) Reauthorization.--Section 104(c) of the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by
striking ``2020'' and inserting ``2030''.
SEC. 103. RIO GRANDE PUEBLO IRRIGATION INFRASTRUCTURE REAUTHORIZATION.
Section 9106 of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 1304) is amended--
(1) in subsection (c)(4), by striking ``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'' and inserting ``December 31, 2020,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources''; and
(2) in subsection (g)(2)--
(A) by striking ``$6,000,000'' and inserting ``such
sums as may be necessary''; and
(B) by striking ``2010 through 2019'' and inserting
``2020 through 2029''.
TITLE II--GROUNDWATER MANAGEMENT
SEC. 201. REAUTHORIZATION AND EXPANSION OF THE TRANSBOUNDARY AQUIFER
ASSESSMENT PROGRAM.
(a) Designation of Priority Transboundary Aquifers.--Section 4(c)(2)
of the United States-Mexico Transboundary Aquifer Assessment Act (42
U.S.C. 1962 note; Public Law 109-448) is amended by striking ``New
Mexico or Texas'' and inserting ``New Mexico, Texas, or Arizona (other
than an aquifer underlying Arizona and Sonora, Mexico, that is
partially within the Yuma groundwater basin designated by the order of
the Director of the Arizona Department of Water Resources dated June
21, 1984)''.
(b) Reauthorization.--
(1) Authorization of appropriations.--Section 8(a) of the
United States-Mexico Transboundary Aquifer Assessment Act (42
U.S.C. 1962 note; Public Law 109-448) is amended by striking
``fiscal years 2007 through 2016'' and inserting ``fiscal years
2021 through 2029''.
(2) Sunset of authority.--Section 9 of the United States-
Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962
note; Public Law 109-448) is amended by striking ``enactment of
this Act'' and inserting ``enactment of the Western Water
Security Act of 2020''.
SEC. 202. GROUNDWATER MANAGEMENT ASSESSMENT AND IMPROVEMENT.
Section 9504(a) of the Omnibus Public Land Management Act of 2009 (42
U.S.C. 10364(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``or carrying out any activity'' after ``any
improvement'';
(B) by striking subparagraphs (A) through (E);
(C) by redesignating subparagraphs (F) through (H) as
subparagraphs (B) through (D), respectively;
(D) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) to assist States and water users in complying
with interstate compacts through temporary, voluntary,
and compensated transactions that decrease consumptive
water use at a regional or watershed scale;'';
(E) in subparagraph (B) (as so redesignated), by
striking ``to prevent'' and inserting ``to achieve the
prevention of'';
(F) in subparagraph (C) (as so redesignated), by
striking ``to accelerate'' and inserting ``to achieve
the acceleration of''; and
(G) in subparagraph (D) (as so redesignated)--
(i) by striking clause (i) and inserting the
following:
``(i) to increase ecological resilience to
climate change, including by enhancing natural
water recharge infrastructure within a
floodplain or riparian wetland, by addressing
climate-related impacts or vulnerability to the
water supply of the United States;'';
(ii) in clause (ii), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) to plan for or address the impacts of
drought.'';
(2) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Eligible projects.--The improvements or activities
eligible for assistance under paragraph (1) may include
improvements or activities--
``(A) using an approach--
``(i) to conserve water;
``(ii) to increase water use efficiency;
``(iii) to facilitate water markets; or
``(iv) to enhance water management, including
increasing the use of renewable energy in the
management and delivery of water or increasing
natural water recharge infrastructure;
``(B) to improve the condition of natural water
recharge infrastructure; or
``(C) to achieve the acceleration of the adoption and
use of advanced water treatment technologies to
increase water supply.''; and
(4) in paragraph (4) (as so redesignated)--
(A) in subparagraph (B)(i), by striking subclause
(II) and inserting the following:
``(II) to use the assistance provided
under a grant or agreement to increase
the consumptive use of water for
agricultural operations above the pre-
project levels, as determined pursuant
to the law of the State in which the
operation of the eligible applicant is
located.''; and
(B) in subparagraph (E)--
(i) by striking clause (i) and inserting the
following:
``(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.--
``(aa) In general.--The
Federal share of the cost of an
infrastructure improvement or
activity described in item (bb)
shall not exceed 75 percent of
the cost of the infrastructure
improvement or activity.
``(bb) Infrastructure
improvements and activities
described.--An infrastructure
improvement or activity
referred to in item (aa) is an
infrastructure improvement or
activity that provides benefits
to consumptive water users and
nonconsumptive ecological or
recreational values in which--
``(AA) in the case of
an infrastructure
improvement or activity
that conserves water,
the conserved water is
returned to a surface
water source with
ecological or
recreational benefits;
or
``(BB) in the case of
other infrastructure
improvements or
activities, the
majority of the
benefits are
nonconsumptive
ecological or
recreational
benefits.''; and
(ii) in clause (ii), in the matter preceding
subclause (I), by striking ``paragraph (2)''
and inserting ``paragraph (3)''.
SEC. 203. SURFACE AND GROUNDWATER WATER AVAILABILITY AND THE ENERGY
NEXUS.
Section 9508(d)(3) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10368(d)(3)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the semicolon and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) oil, gas, and mineral development under the
Mineral Leasing Act (30 U.S.C. 181 et seq.), the Act of
May 11, 1938 (commonly known as the `Indian Mineral
Leasing Act of 1938') (25 U.S.C. 396a et seq.),
sections 2319 through 2344 of the Revised Statutes
(commonly known as the `Mining Law of 1872') (30 U.S.C.
22 et seq.), and the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.);''.
TITLE III--WATER CONSERVATION AND ENVIRONMENTAL RESTORATION
SEC. 301. DEFINITIONS.
In this title:
(1) Basin.--The term ``Basin''--
(A) is limited to areas within the State; and
(B) means each of--
(i) the Upper Rio Grande Basin;
(ii) the Middle Rio Grande Basin;
(iii) the Lower Rio Grande Basin;
(iv) the Lower Pecos River Basin;
(v) the Gila River Basin;
(vi) the Canadian River Basin;
(vii) the San Francisco River Basin; and
(viii) the San Juan River Basin.
(2) District.--The term ``District'' means--
(A) the Middle Rio Grande Conservancy District;
(B) the Elephant Butte Irrigation District;
(C) the Carlsbad Irrigation District;
(D) the Arch Hurley Conservancy District;
(E) the Pecos Valley Artesian Conservation District;
or
(F) the San Juan Water Commission.
(3) Pueblo.--The term ``Pueblo'' means each of the following
pueblos in the State:
(A) Cochiti.
(B) Santo Domingo.
(C) San Felipe.
(D) Santa Ana.
(E) Sandia.
(F) Isleta.
SEC. 302. WATER ACQUISITION PROGRAM.
(a) Authorization.--The Secretary, acting through the Commissioner of
Reclamation, shall carry out in the Basins a water acquisition program
in coordination with the other appropriate Federal agencies, State
agencies, and non-Federal stakeholders, under which the Secretary
shall--
(1) make acquisitions, or assist the State or a District in
making acquisitions, of water in the Basins by lease or
purchase of water rights or contractual entitlements from
willing lessors or sellers, consistent with section 8 of the
Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande Compact,
and applicable State law relating to the acquisition and
administration of water rights; and
(2) take any other actions, consistent with section 8 of the
Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande Compact,
and applicable State law, that the Secretary determines would
achieve the purposes of the water acquisition program described
in subsection (b).
(b) Purposes.--The purposes of the water acquisition program are--
(1) to enhance stream flow to benefit fish and wildlife
(including endangered species), water quality, and river
ecosystem restoration in the Basins;
(2) to enhance stewardship and conservation of working land,
water, and watersheds in the Basins, consistent with the
purpose described in paragraph (1); and
(3) to address water supply-demand imbalances in the Basins,
consistent with State law and the purpose described in
paragraph (1).
(c) Coordination.--To assist in developing and administering the
program, the Secretary may provide funds to the State, a District, or a
federally established nonprofit entity with particular expertise in
western water transactions.
(d) District Projects.--Subject to the Rio Grande Compact and
applicable State law, the Secretary may develop programs to provide--
(1) cost-share assistance to a District to reduce water
depletions by agricultural producers and irrigators in that
District by making irrigation system improvements and
increasing system efficiency;
(2) incentives to a District for the establishment of a water
leasing program from willing lessors for agricultural producers
and irrigators in that District to temporarily lease pre-1907
water rights (instead of permanent severance from irrigable
land) for the purpose of providing benefits to species listed
as threatened or endangered under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) and other river ecosystem
benefits; and
(3) cost-share assistance to a District to implement
infrastructure or operational changes that will allow for
effective management of a leasing program, while maintaining
adequate water deliveries to other agricultural producers and
irrigators.
SEC. 303. MIDDLE RIO GRANDE WATER CONSERVATION.
(a) In General.--The Secretary, in cooperation with a District and in
consultation with the Pueblos, may provide funding and technical
assistance for the installation of metering and measurement devices and
the construction of check structures on irrigation diversions, canals,
laterals, ditches, and drains--
(1) to ensure the conservation and efficient use of water
within that District by--
(A) reducing actual consumptive use; or
(B) not increasing the use of water; and
(2) to improve the measurement and allocation of water,
including water acquired through the water acquisition program
established under section 302.
(b) Rio Grande, San Acacia, and Isleta Reaches.--
(1) In general.--The Secretary shall provide for the
development of a comprehensive plan for the San Acacia and
Isleta reaches to plan, design, permit, construct, and
prioritize projects that balance river maintenance, water
availability, use, and delivery, and ecosystem benefits,
including--
(A) planning, permitting, and construction of a
pumping station at Bosque del Apache National Wildlife
Refuge for the purpose of more efficiently using water
to provide--
(i) a stable supply for the Refuge; and
(ii) an efficient and reliable supply of
water to the Rio Grande for the benefit of the
endangered silvery minnow and Southwestern
willow flycatcher;
(B) planning, permitting, and construction of a river
channel realignment project near the Rio Grande mile-83
for the purpose of conveying water and sediment through
the reach to Elephant Butte Reservoir and addressing
river channel aggradation while maintaining floodplain
connectivity during the snowmelt runoff;
(C) planning, permitting, and construction of a
controlled outlet for the low flow conveyance channel
to the Rio Grande between Fort Craig, New Mexico, and
Rio Grande mile-60 for the purpose of water use and
delivery, enhancement and development of habitat areas,
and possible creation of a single-channel river
ecosystem; and
(D) development of a Lower Reach plan--
(i) to identify additional projects and
maintenance activities with water use, sediment
management, and delivery and ecosystem
benefits; and
(ii) to prioritize implementation of all
projects and activities.
(2) Public participation.--In carrying out this subsection,
the Secretary shall provide a process for public participation
and comment during plan development and alternative analysis.
SEC. 304. SUSTAINING BIODIVERSITY DURING DROUGHTS.
Section 9503(b) of the Omnibus Public Land Management Act of 2009 (42
U.S.C. 10363(b)) is amended--
(1) in paragraph (3)(D), by inserting ``and native
biodiversity'' after ``wildlife habitat''; and
(2) in paragraph (4)(B), by inserting ``and drought
biodiversity plans to address sustaining native biodiversity
during periods of drought'' after ``restoration plans''.
SEC. 305. REAUTHORIZATION OF COOPERATIVE WATERSHED MANAGEMENT PROGRAM.
Section 6002(g)(4) of the Omnibus Public Land Management Act of 2009
(16 U.S.C. 1015a(g)(4)) is amended by striking ``2020'' and inserting
``2031''.
TITLE IV--EFFECT ON EXISTING LAW
SEC. 401. EFFECT ON EXISTING LAW.
(a) In General.--An action taken by the Secretary or another entity
under this Act or an amendment made by this Act shall comply with
applicable State laws in effect on the date of enactment of this Act.
(b) State Law.--Nothing in this Act or an amendment made by this Act
affects, is intended to affect, or interferes with a law of the State
relating to the control, appropriation, use, or distribution of water,
or any vested right acquired under the law.
(c) Rio Grande Compact.--Nothing in this Act or an amendment made by
this Act affects or is intended to affect or interfere with any
obligation of a State under the Rio Grande Compact or any litigation
relating to the Rio Grande Compact.
Purpose of the Bill
The purpose of H.R. 4891 is to provide for the conduct of
certain water security measures in the western United States.
Background and Need for Legislation
In the coming years, many western states will see growing
populations coupled with increasingly frequent and severe
drought. Seven of the eight fastest-growing states in the
United States are in the arid West.\1\ Climate pressures--
including warming temperatures, shrinking snowpack, more
volatile precipitation, and rising seas--will increasingly
limit water availability and impact millions of Americans.\2\
To help address these water supply challenges in New Mexico and
other western states, H.R. 4891 includes a number of provisions
to expand and modify programs administered by the Bureau of
Reclamation (Reclamation). Reclamation is the federal
government's lead water management agency in the West and
operates hundreds of water projects in the seventeen western
states.\3\ Today, Reclamation water projects supply water to
more than 31 million people and provide one out of five western
farmers with irrigation water for 10 million acres of
farmland.\4\
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\1\2019 U.S. Population Estimates Continue to Show the Nation's
Growth is Slowing, U.S. Census Bureau (Dec. 30, 2019) https://
www.census.gov/newsroom/press-releases/2019/popest-nation.html.
\2\Jefferey Mount et al., Managing Drought in a Changing Climate:
Four Essential Reforms, Public Policy Institute of California (Sept.
2018), https://www.ppic.org/wp-content/uploads/managing-drought-in-a-
changing-climate-four-essential-reforms-september-2018.pdf.
\3\About Us, U.S. Bureau of Reclamation (Jan. 7, 2020), https://
www.usbr.gov/main/about/.
\4\Id.
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The Western Water Security Act includes a mix of
Reclamation program changes and reauthorizations that apply
across the West, paired with a number of provisions that
specifically support water management objectives in New Mexico.
Provisions include the reauthorization of the Reclamation
States Emergency Drought Relief Act and Reclamation's
Cooperative Watershed Management Program. New Mexico-specific
provisions include reauthorization of the Rio Grande Pueblo
Irrigation Infrastructure Program and a water acquisition
program to support streamflow in the Middle Rio Grande.
H.R. 4891 also extends funding for Reclamation's WaterSMART
grant program, expands WaterSMART grant eligibility to
nonprofit conservation organizations, and makes several
environmentally beneficial changes to the program. WaterSMART
grants were originally authorized under the SECURE Water Act in
2009.\5\ The WaterSMART grant program funds and supports
valuable water conservation projects across western states and
several U.S. territories. The majority of Reclamation's
WaterSMART grants have been provided through the Water and
Energy Efficiency Grant (WEEG) program, which is designed to
conserve water, increase energy efficiency and the use of
renewables, support environmental benefits, and mitigate water
conflict risk.\6\ Additionally, Reclamation offers WaterSMART
grants targeted at developing water marketing strategies and
small scale water efficiency projects, as well as drought
resiliency grants, utilizing the same authority as used for
WEEG.\7\ The WaterSMART grant program employs a cost-share
approach, leveraging non-federal investment at a greater than
2:1 ratio to support water conservation and efficiency
projects.\8\
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\5\Pub. L. No. 111-11, Sec. 9504. https://www.congress.gov/111/
plaws/publ11/PLAW-111publ11.pdf.
\6\See WaterSMART--Data Visualization Tool, WaterSMART Grants, U.S.
Bureau of Reclamation (accessed Oct. 7, 2020), https://
usbr.maps.arcgis.com/apps/MapJournal/
index.html?appid=043fe91887ac4ddc92a4c0f427e38ab0#; See also WaterSMART
Progress Report 2010-2016, U.S. Department of the Interior (Dec. 2016),
https://www.usbr.gov/watersmart/docs/2016/
2016watersmartprogressreport.pdf.
\7\Pub. L. No. 111-11, Sec. 9504. https://www.congress.gov/111/
plaws/publ11/PLAW-111publ11.pdf.
\8\WaterSMART Progress Report 2010-2016, Page 27, U.S. Department
of the Interior (Dec. 2016), https://www.usbr.gov/watersmart/docs/2016/
2016watersmartprogressreport.pdf.
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H.R. 4891 amends the SECURE Water Act to allow WaterSMART
grants to be used to increase or enhance natural water recharge
infrastructure. The bill adds a definition of natural water
recharge infrastructure to include projects that use natural
materials, mimic natural processes, and result in aquifer
recharge, floodplain water retention, or restoration of water
in the landscape. Additionally, the bill authorizes the
Secretary to fund research designed to increase natural water
recharge infrastructure.
The Committee has heard concerns from nonprofit
conservation organizations stating that many of the WEEG
projects funded by Reclamation may actually increase water
scarcity at the basin scale by allowing grant recipients to use
conserved water for consumptive use.\9\ This is contrary to the
intent of Congress, which specified that any water conserved
through a WaterSMART grant project shall not be used to
increase consumptive use of water.\10\ Despite this fact,
several of the applicants Reclamation selected for WEEG funding
in Fiscal Years 2018 and 2019 stated in their applications that
they intended to make conserved water available to increase
irrigation or municipal use.\11\ H.R. 4891 addresses this issue
through language to ensure that conserved water cannot be used
to increase a grant recipient's consumptive water use.
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\9\Letter from American Rivers, the Environmental Defense Fund, the
National Audubon Society, the Nature Conservancy, the Theodore
Roosevelt Conservation Partnership, and Trout Unlimited (July 17,
2019). Directed to the Chairs and Ranking Members of House and Senate
Subcommittees on Energy and Water Appropriations.
\10\Pub. L. No. 111-11, Sec. 9504(a)(3)(B). https://
www.congress.gov/111/plaws/publ11/PLAW-111publ11.pdf.
\11\See Selected Applications--WaterSMART Water and Energy
Efficiency Grants, U.S. Bureau of Reclamation, https://www.usbr.gov/
watersmart/applications/.
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H.R. 4891 also adds a new provision that would allow
WaterSMART grants to support voluntary water transfers for the
purpose of complying with interstate water compacts or reducing
water supply-demand imbalances at a basin-wide level. This
provision responds to concerns from stakeholders in the Upper
Colorado River Basin by authorizing a program to compensate
water users for decreasing their water use--a concept known as
``demand management.'' Demand management is being discussed as
a regional water management strategy in the Upper Colorado
River Basin, where states are exploring options to avoid severe
shortages. This provision is not specific to the Colorado River
Basin, however, and may also be applied to other water-stressed
basins.
Committee Action
H.R. 4891 was introduced on October 28, 2019, by
Representative Xochitl Torres Small (D-NM). The bill was
referred to the Committee on Natural Resources, and in addition
to the Committee on Science, Space, and Technology. Within the
Natural Resources Committee, the bill was referred to the
Subcommittee on Water, Oceans, and Wildlife. On January 28,
2020, the Subcommittee held a hearing on the bill. On March 11,
2020, the Natural Resources Committee met to consider the bill.
The Subcommittee was discharged by unanimous consent. Chair
Raul M. Grijalva (D-AZ) offered an amendment in the nature of a
substitute. No additional amendments were offered. The
amendment in the nature of a substitute offered by Chair
Grijalva was agreed to by voice vote. The bill, as amended, was
adopted and ordered favorably reported to the House of
Representatives by a roll call vote of 14 yeas and 11 nays, as
follows:\12\
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\12\ Rep. Nydia M. Velazquez (D-NY) was unable to vote due to a
scheduling conflict with a markup at the House Committee on Small
Business, of which she is the Chair. Rep. Velazquez requested, after
the closing of the vote, that the record reflect that had she been
present she would have voted in favor of adopting the bill as amended
and ordering it favorably reported.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
On July 1, 2020, the House of Representatives passed H.R.
2, the Moving Forward Act, which included a version of the text
of H.R. 4891.\13\
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\13\H.R. 2, 116th Cong. (as passed by and engrossed in the House,
July 1, 2020).
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Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 4891: hearing by the Subcommittee on Water,
Oceans, and Wildlife held on January 28, 2020.
Section-by-Section Analysis
Title I--Infrastructure and Water Management Improvement
Section 101. WaterSMART extension and expansion
This section reauthorizes Reclamation's WaterSMART grant
program and increases its funding authorization to $700
million. This section also expands WaterSMART grant program
eligibility to nonprofit conservation organizations.
Section 102. Emergency drought funding
This section reauthorizes the Reclamation States Emergency
Drought Relief Act of 1991\14\ through 2030, increasing the
authorization from $120 million through FY2020 to $180 million
through FY2025.
---------------------------------------------------------------------------
\14\43 U.S.C. 2201 et seq.
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Section 103. Rio Grande Pueblo irrigation infrastructure
reauthorization
This section reauthorizes an irrigation infrastructure
grant program for Pueblos in New Mexico's Rio Grande Basin
through 2029.\15\ It also extends the deadline for the
Department of the Interior (Interior) to complete a study of
Pueblo infrastructure needs to December 31, 2020.\16\
---------------------------------------------------------------------------
\15\Originally established in Pub. L. No. 111-11, Sec. 9106(d).
There are 18 Indian Pueblos in the Rio Grande Basin; a 19th Pueblo,
Zuni, is in the Colorado River watershed. The Pueblos have historically
been farming communities that have relied on surface water supplies.
See: Pueblo Irrigation Facilities Rehabilitation: Executive Summary,
U.S. Bureau of Reclamation (accessed Oct. 8, 2020), https://
www.usbr.gov/uc/progact/NMPueblos/pdfs/
PuebloIrrigationFacilitiesRehabilitation-ExecutiveSummary.pdf.
\16\New Mexico Pueblos Irrigation Infrastructure Improvement
Project, U.S. Bureau of Reclamation (Page last updated May 30, 2019),
www.usbr.gov/uc/progact/NMPueblos/index.html.
---------------------------------------------------------------------------
Title II--Groundwater Management
Section 201. Reauthorization and expansion of the Transboundary Aquifer
Assessment Program
This section reauthorizes the United States-Mexico
Transboundary Aquifer Assessment Program\17\ through 2029 and
grants authority to the Secretary of the Interior to designate
additional priority transboundary aquifers for study.
---------------------------------------------------------------------------
\17\Pub. L. No. 109-448; 42 U.S.C. 1962 note. https://
uscode.house.gov/
view.xhtml?req=(title:42%20section:1962%20edition:prelim)%20OR%20(granul
eid:USC-prelim-title42-
section1962)&f=treesort&edition=prelim&num=0&jumpTo=true.
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Section 202. Groundwater management assessment and improvement
This section makes several environmentally beneficial
changes to Reclamation's WaterSMART grant program, including
allowing WaterSMART grants to be used for enhancements to
natural water storage and increasing the federal cost share
from 50 percent to 75 percent for grant projects that provide
an ecological or recreational benefit. This section also
clarifies the prohibition against the use of water conserved
through a WaterSMART grant to increase the consumptive use of
water, a practice that non-profit conservation organizations in
the western states have highlighted as a concern.\18\
Additionally, this section revises the original statutory
language to emphasize the environmental objectives within the
WaterSMART grant program and to authorize grants to be provided
to support demand management programs.
---------------------------------------------------------------------------
\18\Letter from American Rivers, the Environmental Defense Fund,
the National Audubon Society, the Nature Conservancy, the Theodore
Roosevelt Conservation Partnership, and Trout Unlimited (July 17,
2019). Directed to the Chairs and Ranking Members of House and Senate
Subcommittees on Energy and Water Appropriations.
---------------------------------------------------------------------------
Section 203. Surface and groundwater water availability and the energy
nexus
This section directs the United States Geological Survey to
determine and report water use from oil, gas, coal, and
hardrock mining in its nationwide assessment of water
availability required by P.L. 111-11, Sec. 9508.
Title III--Water Conservation and Environmental Restoration
Section 301. Definitions
This section defines the basins, Pueblos, and water
districts in New Mexico that the other sections in this Title
address.
Section 302. Water acquisition program
This section directs Reclamation to carry out a program in
coordination with other federal agencies, state agencies, and
non-federal stakeholders to obtain water rights in New Mexico
specifically to enhance streamflow to benefit specific species,
support land and water conservation, and address water supply-
demand imbalances.
Section 303. Middle Rio Grande water conservation
This section authorizes the Secretary of the Interior to
provide funding and technical assistance to install water
metering devices and check structures on irrigation
infrastructure to promote water conservation and improve
measurement of water acquired through the Water Acquisition
Program established in Section 302.
Section 304. Sustaining biodiversity during droughts
This section directs Reclamation to analyze drought impacts
on native biodiversity in major western river basins and to
consider and develop strategies to help sustain native
biodiversity during future droughts.
Section 305. Reauthorization of Cooperative Watershed Management
Program
This section reauthorizes appropriations for Reclamation's
Cooperative Watershed Management Program through 2031.\19\
---------------------------------------------------------------------------
\19\Pub. L. No. 111-11, Sec. 6002(g). https://www.congress.gov/111/
plaws/publ11/PLAW111publ11.pdf.
---------------------------------------------------------------------------
Title IV--Effect on Existing Law
Section 401. Effect on existing law
This provision specifies that H.R. 4891 does not affect or
interfere with state law or the Rio Grande Compact. It also
requires the Secretary to comply with applicable state law.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) of rule XIII
of the Rules of the House of Representatives and section 308(a)
of the Congressional Budget Act of 1974 and with respect to
requirements of clause (3)(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee adopts
as its own cost estimate the forthcoming cost estimate of the
Director of the Congressional Budget Office, should such cost
estimate be made available before House passage of the bill.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to provide for the conduct of
certain water security measures in the western United States.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program. Such program was not included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139. The WaterSMART (Sustain and
Manage America's Resources for Tomorrow) (CFDA No. 15.507)
reauthorized by this bill is related and complementary to, but
not duplicative of, the following programs identified in the
most recent Catalog of Federal Domestic Assistance (CFDA)
published pursuant to 31 U.S.C. Sec. 6104: Water Desalination
Research and Development (CFDA No. 15.506). The Reclamation
States Emergency Drought Relief (CFDA No. 15.514) reauthorized
by this bill was not identified in the most recent CFDA as
related to any other program. The New Mexico Rio Grande Basin
Pueblos Irrigation Infrastructure (CFDA No. 15.559)
reauthorized by this bill was not identified in the most recent
CFDA as related to any other program. The United States-Mexico
Transboundary Aquifer Assessment Program reauthorized by this
bill was not listed in the most recent CFDA. The Middle Rio
Grande Water Conservation authorized by this bill is related
and complementary to, but not duplicative of New Mexico Rio
Grande Basin Pueblos Irrigation Infrastructure (CFDA No.
15.559) and Middle Rio Grande Endangered Species Collaborative
(CFDA No. 15.537). The Cooperative Watershed Management (CFDA
No. 15.554) reauthorized by this bill is related and
complementary to, but not duplicative of WaterSMART (Sustain
and Manage America's Resources for Tomorrow) (CFDA No. 15.507).
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
* * * * * * *
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A--Cooperative Watershed Management Program
* * * * * * *
SEC. 6002. PROGRAM
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, 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) Application.--
(1) Establishment of application process; criteria.--
Not later than 1 year after the date of enactment of
this Act, the Secretary shall establish--
(A) an application process for the program;
and
(B) in consultation with the States,
prioritization and eligibility criteria for
considering applications submitted in
accordance with the application process.
(c) Distribution of Grant Funds.--
(1) In general.--In distributing grant funds under
this section, the Secretary--
(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.--
(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.--A grant
recipient that receives a first-phase
grant shall use the funds--
(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 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.
(3) Projects carried out under third phase.--
(A) In general.--The Federal share of the
costs of any activity of a watershed group of a
grant recipient relating to a watershed
management project provided assistance through
a third-phase grant shall not exceed 50 percent
of the total costs of the watershed management
project.
(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 the date of
enactment of this Act, 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
[2020] 2031.
* * * * * * *
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
* * * * * * *
Subtitle B--Project Authorizations
* * * * * * *
SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(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) water conservation;
(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) rehabilitation and repair of irrigation
infrastructure of the Rio Grande Pueblos would
improve--
(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) to establish priorities for the
rehabilitation of irrigation infrastructure of
the Rio Grande Pueblos in accordance with
specified criteria; and
(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 carriage of irrigation
return flows and excess water from the
land that is served.
(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] December
31, 2020, the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on 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) 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.--
(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.--
Nothing in this section--
(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) Study.--There is authorized to be appropriated to
carry out subsection (c) $4,000,000.
(2) Projects.--There is authorized to be appropriated
to carry out subsection (d) [$6,000,000] such sums as
may be necessary for each of fiscal years [2010 through
2019] 2020 through 2029.
Subtitle F--Secure Water
* * * * * * *
SEC. 9502. DEFINITIONS.
In this [section] 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 any State, Indian tribe, irrigation
district, water district, or other organization with
water or power delivery authority.]
(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 one or more
organizations with water or power delivery
authority;
(C) any other organization with water or
power delivery authority; or
(D) any nonprofit conservation organization.
(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.
450b).
(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 water recharge infrastructure.--The term
``natural water recharge infrastructure'' means a
single project, a number of distributed projects across
a watershed, or the redesign and replacement, or
removal, of built infrastructure to incorporate natural
aquatic elements, in which the project--
(A) uses natural materials appropriate to the
specific site and landscape setting;
(B) mimics natural riverine, floodplain,
riparian, wetland, hydrologic, or other
ecological processes; and
(C) results in aquifer recharge, transient
floodplain water retention, or restoration of
water in the landscape such that the water
returns to a wetland, riparian area, or surface
water channel.
[(13)] (14) 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.
[(14)] (15) Panel.--The term ``panel'' means the
climate change and water intragovernmental panel
established by the Secretary under section 9506(a).
[(15)] (16) 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.
[(16)] (17) 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).
[(17)] (18) 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. 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 and native
biodiversity;
(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 and
drought biodiversity plans to address
sustaining native biodiversity during periods
of drought;
(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. 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;]
(A) to assist States and water users in
complying with interstate compacts through
temporary, voluntary, and compensated
transactions that decrease consumptive water
use at a regional or watershed scale;
[(F) to prevent] (B) 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);
[(G) to accelerate] (C) 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; or
[(H)] (D) 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; or]
(i) to increase ecological resilience
to climate change, including by
enhancing natural water recharge
infrastructure within a floodplain or
riparian wetland, by addressing
climate-related impacts or
vulnerability to the water supply of
the United States;
(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) Eligible projects.--The improvements or
activities eligible for assistance under paragraph (1)
may include improvements or activities--
(A) using an approach--
(i) to conserve water;
(ii) to increase water use
efficiency;
(iii) to facilitate water markets; or
(iv) to enhance water management,
including increasing the use of
renewable energy in the management and
delivery of water or increasing natural
water recharge infrastructure;
(B) to improve the condition of natural water
recharge infrastructure; or
(C) to achieve the acceleration of the
adoption and use of advanced water treatment
technologies to increase water supply.
[(2)] (3) 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; or
(iii) the State of Hawaii; and
(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.
[(3)] (4) 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) to use the assistance
provided under a grant or
agreement to increase the
consumptive use of water for
agricultural operations above
the pre-project levels, 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.--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.]
(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.--
(aa) In general.--The
Federal share of the
cost of an
infrastructure
improvement or activity
described in item (bb)
shall not exceed 75
percent of the cost of
the infrastructure
improvement or
activity.
(bb) Infrastructure
improvements and
activities described.--
An infrastructure
improvement or activity
referred to in item
(aa) is an
infrastructure
improvement or activity
that provides benefits
to consumptive water
users and
nonconsumptive
ecological or
recreational values in
which--
(AA) in the
case of an
infrastructure
improvement or
activity that
conserves
water, the
conserved water
is returned to
a surface water
source with
ecological or
recreational
benefits; or
(BB) in the
case of other
infrastructure
improvements or
activities, the
majority of the
benefits are
nonconsumptive
ecological or
recreational
benefits.
(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)]
paragraph (3), 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'').
(b) Research Agreements.--
(1) Authority of secretary.--The Secretary may enter
into 1 or more agreements with any university,
nonprofit research institution, nonprofit conservation
organization, or organization with water or power
delivery authority to fund any research activity that
is designed--
(A) to conserve water resources;
(B) to increase the efficiency of the use of
water resources; [or]
(C) to increase natural water recharge
infrastructure; or
[(C)] (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) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section [$530,000,000]
$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), to remain available
until expended.
* * * * * * *
SEC. 9508. 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[;]; and
(F) oil, gas, and mineral development under
the Mineral Leasing Act (30 U.S.C. 181 et
seq.), the Act of May 11, 1938 (commonly known
as the ``Indian Mineral Leasing Act of 1938'')
(25 U.S.C. 396a et seq.), sections 2319 through
2344 of the Revised Statutes (commonly known as
the ``Mining Law of 1872'') (30 U.S.C. 22 et
seq.), and the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.);
(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.
* * * * * * *
----------
PUBLIC LAW 114-322
* * * * * * *
TITLE III--NATURAL RESOURCES
* * * * * * *
Subtitle J--California Water
* * * * * * *
SEC. 4009. OTHER WATER SUPPLY PROJECTS.
(a) Water Desalination Act Amendments.--Section 4 of the
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104-298) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the
following:
``(1) Projects.--
``(A) In general.--Subject to the
requirements of this subsection, the Secretary
of the Interior may participate in an eligible
desalination project in an amount equal to not
more than 25 percent of the total cost of the
eligible desalination project.
``(B) Eligible desalination project.--The
term `eligible desalination project' means any
project in a Reclamation State, that--
``(i) involves an ocean or brackish
water desalination facility either
constructed, operated and maintained;
or sponsored by any State, department
of a State, subdivision of a State or
public agency organized pursuant to a
State law; and
``(ii) provides a Federal benefit in
accordance with the reclamation laws
(including regulations).
``(C) State role.--Participation by the
Secretary of the Interior in an eligible
desalination project under this subsection
shall not occur unless--
``(i) the project is included in a
state-approved plan or federal
participation has been requested by the
Governor of the State in which the
eligible desalination project is
located; and
``(ii) the State or local sponsor
determines, and the Secretary of the
Interior concurs, that--
``(I) the eligible
desalination project is
technically and financially
feasible and provides a Federal
benefit in accordance with the
reclamation laws;
``(II) sufficient non-Federal
funding is available to
complete the eligible
desalination project; and
``(III) the eligible
desalination project sponsors
are financially solvent; and
``(iii) the Secretary of the Interior
submits to Congress a written
notification of these determinations
within 30 days of making such
determinations.
``(D) Environmental laws.--When participating
in an eligible desalination project under this
subsection, the Secretary shall comply with all
applicable environmental laws, including the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(E) Information.--When participating in an
eligible desalination project under this
subsection, the Secretary of the Interior--
``(i) may rely on reports prepared by
the sponsor of the eligible
desalination project, including
feasibility (or equivalent) studies,
environmental analyses, and other
pertinent reports and analyses; but
``(ii) shall retain responsibility
for making the independent
determinations described in
subparagraph (C).
``(F) Authorization of Appropriations.--
``(i) $30,000,000 of funding is
authorized to remain available until
expended; and
``(ii) Projects can only receive
funding if enacted appropriations
legislation designates funding to them
by name, after the Secretary recommends
specific projects for funding pursuant
to this subsection and transmits such
recommendations to the appropriate
committees of Congress.''.
(c) Authorization of New Water Recycling and Reuse
Projects.--Section 1602 of the Reclamation Wastewater and
Groundwater Study and Facilities Act (title XVI of Public Law
102-575; 43 U.S.C. 390h et. seq.) is amended by adding at the
end the following new subsections:
``(e) Authorization of New Water Recycling and Reuse
Projects.--
``(1) Submission to the secretary.--
``(A) In general.--Non-Federal interests may
submit proposals for projects eligible to be
authorized pursuant to this section in the form
of completed feasibility studies to the
Secretary.
``(B) Eligible projects.--A project shall be
considered eligible for consideration under
this section if the project reclaims and
reuses--
``(i) municipal, industrial,
domestic, or agricultural wastewater;
or
``(ii) impaired ground or surface
waters.
``(C) Guidelines.--Within 60 days of the
enactment of this Act the Secretary shall issue
guidelines for feasibility studies for water
recycling and reuse projects to provide
sufficient information for the formulation of
the studies.
``(2) Review by the secretary.--The Secretary shall
review each feasibility study received under paragraph
(1)(A) for the purpose of--
``(A) determining whether the study, and the
process under which the study was developed,
each comply with Federal laws and regulations
applicable to feasibility studies of water
recycling and reuse projects; and
``(B) the project is technically and
financially feasible and provides a Federal
benefit in accordance with the reclamation
laws.
``(3) Submission to congress.--Not later than 180
days after the date of receipt of a feasibility study
received under paragraph (1)(A), 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--
``(A) the results of the Secretary's review
of the study under paragraph (2), including a
determination of whether the project is
feasible;
``(B) any recommendations the Secretary may
have concerning the plan or design of the
project; and
``(C) any conditions the Secretary may
require for construction of the project.
``(4) Eligibility for funding.--The non-Federal
project sponsor of any project determined by the
Secretary to be feasible under paragraph (3)(A) shall
be eligible to apply to the Secretary for funding for
the Federal share of the costs of planning, designing
and constructing the project pursuant to subsection
(f).
``(f) Competitive Grant Program for the Funding of Water
Recycling and Reuse Projects.--
``(1) Establishment.--The Secretary shall establish a
competitive grant program under which the non-Federal
project sponsor of any project determined by the
Secretary to be feasible under subsection (e)(3)(A)
shall be eligible to apply for funding for the
planning, design, and construction of the project,
subject to subsection (g)(2).
``(2) Priority.--When funding projects under
paragraph (1), the Secretary shall give funding
priority to projects that meet one or more of the
criteria listed in paragraph (3) and are located in an
area that--
``(A) has been identified by the United
States Drought Monitor as experiencing severe,
extreme, or exceptional drought at any time in
the 4-year period before such funds are made
available; or
``(B) was designated as a disaster area by a
State during the 4-year period before such
funds are made available.
``(3) Criteria.--The project criteria referred to in
paragraph (2) are the following:
``(A) Projects that are likely to provide a
more reliable water supply for States and local
governments.
``(B) Projects that are likely to increase
the water management flexibility and reduce
impacts on environmental resources from
projects operated by Federal and State
agencies.
``(C) Projects that are regional in nature.
``(D) Projects with multiple stakeholders.
``(E) Projects that provide multiple
benefits, including water supply reliability,
eco-system benefits, groundwater management and
enhancements, and water quality improvements.
``(g) Authorization of Appropriations.--
``(1) There is authorized to be appropriated to the
Secretary of the Interior an additional $50,000,000 to
remain available until expended.
``(2) Projects can only receive funding if enacted
appropriations legislation designates funding to them
by name, after the Secretary recommends specific
projects for funding pursuant to subsection (f) and
transmits such recommendations to the appropriate
committees of Congress.''.
(d) Funding.--Section 9504 of the Omnibus Public Land
Management Act of 2009 (42 U.S.C. 10364) is amended in
subsection (e) by striking ``$350,000,000'' and inserting
``$450,000,000'' [on the condition that of that amount,
$50,000,000 of it is used to carry out section 206 of the
Energy and Water Development and Related Agencies Appropriation
Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)].
* * * * * * *
----------
RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT OF 1991
* * * * * * *
TITLE I--DROUGHT PROGRAM
* * * * * * *
SEC. 104. APPLICABLE PERIOD OF DROUGHT PROGRAM.
[(a) In General.--The programs and authorities established
under this title shall become operative in any Reclamation
State and in the State of Hawaii only after the Governor or
Governors of the affected State or States, or on a reservation,
when the governing body of the affected tribe has made a
request for temporary drought assistance and the Secretary has
determined that such temporary assistance is merited, or upon
the approval of a drought contingency plan as provided in title
II of this Act.]
(a) In General.--The programs and authorities established
under this title shall become operative in any Reclamation
State and in the State of Hawaii only--
(1) after the Governor or Governors of the affected
State or States, or the governing body of an affected
Indian Tribe with respect to a reservation, has made a
request for temporary drought assistance and the
Secretary has determined that the temporary assistance
is merited;
(2) after a drought emergency has been declared by
the Governor or Governors of the affected State or
States; or
(3) on approval of a drought contingency plan as
provided in title II.
(b) Coordination with BPA.--If a Governor referred to in
subsection (a) is the Governor of the State of Washington,
Oregon, Idaho, or Montana, the Governor shall coordinate with
the Administrator of the Bonneville Power Administration before
making a request under subsection (a).
(c) Termination of Authority.--The authorities established
under this title shall terminate on September 30, [2020] 2030.
* * * * * * *
TITLE III--GENERAL AND MISCELLANEOUS PROVISIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Except as otherwise provided in section 2243 of this title
(relating to temperature control devices at Shasta Dam,
California), there is authorized to be appropriated not more
than $[120,000,000] 180,000,000 in total for the period of
fiscal years 2006 through [2020] 2025, of which not more than
$30,000,000 shall be made available during that period for the
conduct of actions authorized under title I of the Reclamation
States Emergency Drought Relief Act of 1991 (43 U.S.C. 2211 et
seq.) to benefit imperiled fish and wildlife.
* * * * * * *
----------
UNITED STATES-MEXICO TRANSBOUNDARY AQUIFER ASSESSMENT ACT
* * * * * * *
SEC. 4. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Secretary, in consultation and
cooperation with the Participating States, the water resources
research institutes, Sandia National Laboratories, and other
appropriate entities in the United States and Mexico, and the
IBWC, as appropriate, shall carry out the United States-Mexico
transboundary aquifer assessment program to characterize, map,
and model priority transboundary aquifers along the United
States-Mexico border at a level of detail determined to be
appropriate for the particular aquifer.
(b) Objectives.--The objectives of the program are to--
(1) develop and implement an integrated scientific
approach to identify and assess priority transboundary
aquifers, including--
(A) for purposes of subsection (c)(2),
specifying priority transboundary aquifers for
further analysis by assessing--
(i) the proximity of a proposed
priority transboundary aquifer to areas
of high population density;
(ii) the extent to which a proposed
priority transboundary aquifer would be
used;
(iii) the susceptibility of a
proposed priority transboundary aquifer
to contamination; and
(iv) any other relevant criteria;
(B) evaluating all available data and
publications as part of the development of
study plans for each priority transboundary
aquifer;
(C) creating a new, or enhancing an existing,
geographic information system database to
characterize the spatial and temporal aspects
of each priority transboundary aquifer; and
(D) using field studies, including support
for and expansion of ongoing monitoring and
metering efforts, to develop--
(i) the additional data necessary to
adequately define aquifer
characteristics; and
(ii) scientifically sound groundwater
flow models to assist with State and
local water management and
administration, including modeling of
relevant groundwater and surface water
interactions;
(2) consider the expansion or modification of
existing agreements, as appropriate, between the United
States Geological Survey, the Participating States, the
water resources research institutes, and appropriate
authorities in the United States and Mexico, to--
(A) conduct joint scientific investigations;
(B) archive and share relevant data; and
(C) carry out any other activities consistent
with the program; and
(3) produce scientific products for each priority
transboundary aquifer that--
(A) are capable of being broadly distributed;
and
(B) provide the scientific information needed
by water managers and natural resource agencies
on both sides of the United States-Mexico
border to effectively accomplish the missions
of the managers and agencies.
(c) Designation of Priority Transboundary Aquifers.--
(1) In General.--For purposes of the program, the
Secretary shall designate as priority transboundary
aquifers--
(A) the Hueco Bolson and Mesilla aquifers
underlying parts of Texas, New Mexico, and
Mexico;
(B) the Santa Cruz River Valley aquifers
underlying Arizona and Sonora, Mexico; and
(C) the San Pedro aquifers underlying Arizona
and Sonora, Mexico.
(2) Additional aquifers.--The Secretary may, using
the criteria under subsection (b)(1)(A), evaluate and
designate additional priority transboundary aquifers
which underlie [New Mexico or Texas] New Mexico, Texas,
or Arizona (other than an aquifer underlying Arizona
and Sonora, Mexico, that is partially within the Yuma
groundwater basin designated by the order of the
Director of the Arizona Department of Water Resources
dated June 21, 1984).
(d) Cooperation With Mexico.--To ensure a comprehensive
assessment of priority transboundary aquifers, the Secretary
shall, to the maximum extent practicable, work with appropriate
Federal agencies and other organizations to develop
partnerships with, and receive input from, relevant
organizations in Mexico to carry out the program.
(e) Grants and Cooperative Agreements.--The Secretary may
provide grants or enter into cooperative agreements and other
agreements with the water resources research institutes and
other Participating State entities to carry out the program.
* * * * * * *
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this Act $50,000,000 for the period of [fiscal years
2007 through 2016] fiscal years 2021 through 2029.
(b) Distribution of Funds.--Of the amounts made available
under subsection (a), 50 percent shall be made available to the
water resources research institutes to provide funding to
appropriate entities in the Participating States (including
Sandia National Laboratories, State agencies, universities, the
Tri-Regional Planning Group, and other relevant organizations)
and to implement cooperative agreements entered into with
appropriate entities in Mexico to conduct specific authorized
activities in furtherance of the program, including the
binational collection and exchange of scientific data.
(c) Criteria.--Funding provided to an appropriate entity in
Mexico pursuant to subsection (b) shall be contingent on that
entity providing 50 percent of the necessary resources
(including in-kind services) to further assist in carrying out
the authorized activity.
SEC. 9. SUNSET OF AUTHORITY.
The authority of the Secretary to carry out any provisions of
this Act shall terminate 10 years after the date of [enactment
of this Act] enactment of the Western Water Security Act of
2020.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISSENTING VIEWS
H.R. 4891 breaches the longstanding Bureau of Reclamation
beneficiary pays principle that assures local water projects
are paid by local users. In this case, it includes a multitude
of handouts to benefit specific communities in New Mexico at
others' expense. Moreover, these are clearly earmarks in
violation of House rules.
Worse, this bill expands the WaterSMART program to ANY
nonprofit conservation organization, regardless if it has any
direct connection to water delivery. Further, it significantly
modifies what actions are eligible for funding. Currently,
grants are used primarily to carry out on-the-ground water
management improvements, including projects that save water,
mitigate conflict risk in areas at a high risk of water
conflict, and accomplish other benefits to increase the
reliability of existing supplies. Some of the grants awarded in
2019 include advanced metering infrastructure and canal lining
projects. Unfortunately, the bill shifts the focus away from
projects that conserve water, increase water use efficiency, or
enhance water management.
These concerns are echoed by the Bureau of Reclamation. At
the January 28, 2020, Water, Oceans and Wildlife hearing on the
bill, the agency testified that, ``Section 202 under Title II
of H.R. 4891 could have potentially significant and unintended
consequences for several Reclamation programs, including many
of the WaterSMART programs . . . . The Department believes the
bill, if enacted as drafted, could inadvertently prevent
Reclamation from assisting water managers with some water
management improvements or discourage potential applicants from
participating in existing programs.''
We commend the Democrats for eliminating the desalination
provisions originally included in the legislation. However,
unfortunately as currently written this bill falls short of
good legislation. For these reasons, many Republicans oppose
H.R. 4891 as ordered reported by the Committee on Natural
Resources.
Rob Bishop.
Louie Gohmert.
Tom McClintock.
Paul A. Gosar.
[all]