[Senate Report 117-188]
[From the U.S. Government Publishing Office]
Calendar No. 539
117th Congress } { Report
SENATE
2d Session } { 117-188
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SMALL WATER STORAGE AND CAREY ACT PROJECTS
_______
October 18, 2022.--Ordered to be printed
Filed, under authority of the order of the Senate of October 14, 2022
_______
Mr. Manchin, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 4176]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 4176), to amend the Infrastructure
Investment and Jobs Act to modify the eligibility requirements
for certain small water storage and groundwater storage
projects and to authorize the use of funds for certain
additional Carey Act projects, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
Amendment
The amendment is as follows:
1. On page 2, line 11, strike ``2'' and insert ``200''.
Purpose
The purpose of S. 4176 is to amend the Infrastructure
Investment and Jobs Act to modify the eligibility requirements
for certain small water storage and groundwater storage
projects and to authorize the use of funds for certain
additional Carey Act projects.
Background and Need
Investments in water infrastructure are needed to address
the growing challenges across the West. Congress addressed this
need by investing $8.3 billion in the Bureau of Reclamation and
western water infrastructure, as passed in the Infrastructure
Investment and Jobs Act (IIJA; Public Law 117-58). The IIJA
created several new grant programs and funding opportunities to
address the diverse water infrastructure needs in the West.
The small water storage and groundwater storage program,
created in the IIJA, funds small storage projects with a
required minimum project size of 2,000 acre-feet. This minimum
project size limits the types of projects that are eligible for
funding and excludes many small regulating reservoirs on canal
systems in the western United States. Regulating reservoirs
constructed on canal systems are typically smaller than 2,000
acre-feet and can provide flexibility and efficiencies in the
operations of conveying water for irrigation. For example,
regulating reservoirs can capture and release excess water
flows in a canal to meet actual water demand and thus reduce
diversions from river flows or storage during irrigation
season. S. 4176, as ordered reported, changes the minimum
project size for small water storage and groundwater storage
projects from 2,000 acre-feet to 200 acre-feet to accommodate
water storage projects with a smaller footprint.
The IIJA also made a significant investment in the Bureau
of Reclamation's aging infrastructure and included a $100
million set-aside (IIJA section 40904(b)) to provide funding
for the rehabilitation, reconstruction, and replacement of dams
developed pursuant to the Carey Act (43 U.S.C. 641). S. 4176,
as ordered reported, clarifies eligibility to make funds
available to additional Carey Act projects after funding is
provided to projects eligible under the original IIJA language.
Legislative History
S. 4176 was introduced by Senator Risch on May 10, 2022.
The Subcommittee on Water and Power held a hearing on S. 4176
on May 25, 2022. At its business meeting on July 21, 2022, the
Committee on Energy and Natural Resources ordered S. 4176
favorably reported with amendment.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 21, 2022, by a voice vote of a
quorum present, recommends that the Senate pass S. 4176, if
amended as described herein.
Committee Amendment
During its consideration of S. 4176, the Committee adopted
an amendment changing the minimum size of a project from 2
acre-feet to 200 acre-feet.
Section-by-Section Analysis
Section 1. Eligibility under the Infrastructure Investment and Jobs Act
of small water storage and groundwater storage projects for
certain grants and additional Carey Act projects for certain
funds
Subsection (a) amends the eligibility requirements of
projects funded under Bureau of Reclamation's small water
storage and groundwater storage program from a minimum project
size of 2,000 acre-feet to 200 acre-feet.
Subsection (b) amends the Infrastructure Investments and
Jobs Act of 2021 (Public Law 117-58) and expands the list of
eligible projects for the rehabilitation and reconstruction of
dams developed pursuant to the Carey Act. Subsection (b)
stipulates that funds will be made available to these newly
eligible projects after providing funds to projects eligible
under the original program.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of S.
4176, as ordered reported, has been requested but was not
received at the time the report was filed. When the
Congressional Budget Office completes its cost estimate, it
will be posted on the Internet at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 4176. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 4176, as ordered reported.
Congressionally Directed Spending
S. 4176, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior at
the May 25, 2022, subcommittee hearing on S. 4176 follows:
Statement of Camille Calimlim Touton, Commissioner, Bureau of
Reclamation, U.S. Department of the Interior
The Carey Act authorized land grants to states, on which
states could have irrigation dams and other water management
facilities constructed. The BIL's original section 40904(b)
authorizes up to $100 million in funding for Carey Act dams
meeting stated criteria, upon a Governor's request. The
language of S. 4176 authorizes funding for additional Carey Act
dams from this $100 million, provided the funds have not been
exhausted by this initial request. Financial assistance
agreements would be developed to provide the funding.
Reclamation takes no issue with the amendment to section
40904(b), as provided, since it alerts those who might request
funding that requests under the original authority take
priority and funding may therefore be unavailable.
The amendments also include a provision lowering the
threshold on the new Small Water Storage Program enacted last
November in BIL from a 2,000 acre-foot minimum, to a two (2)
acre-foot minimum. Reclamation's Small Storage Program is a
newly established grant program authorized by sections 40901(1)
and 40903 of BIL to promote federal assistance to enhance small
scale water storage opportunities for future generations.
The reduction in project minimums, from 2,000 acre-feet
down to 2 acre-feet would significantly alter the types of
applications submitted for this specifically tailored program.
It would also be challenging to apply the feasibility standards
set forth for that program, for which Reclamation issued
guidance in January, to such small projects. In August 2022,
Reclamation plans to publish the first funding opportunity for
the Small Storage Program with the planned distribution of
$20,000,000 in FY 2023.
Reclamation has existing programs under its WaterSMART
grant opportunities that address these much smaller types of
storage activities and would continue to encourage entities
with needs for projects of that scale to apply to those
programs, most of which have a lower non-federal cost share
than the Small Storage Program. The Department looks forward to
working with the sponsor and committee to address specific
needs associated with the proposed amendments.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 4176, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Public Law 117-58
AN ACT To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes
* * * * * * *
DIVISION D--ENERGY
* * * * * * *
TITLE IX--WESTERN WATER INFRASTRUCTURE
* * * * * * *
SEC. 40903. SMALL WATER STORAGE AND GROUNDWATER STORAGE PROJECTS.
(a) Establishment of a Competitive Grant Program for Small
Water Storage and Groundwater Storage Projects.--The Secretary
shall establish a competitive grant program, under which the
non-Federal project sponsor of any project in a Reclamation
State, including the State of Alaska or Hawaii, determined by
the Secretary to be feasible under subsection (b)(2)(B) shall
be eligible to apply for funding for the planning, design, and
construction of the project.
(b) Eligibility and Selection.--
(1) Submission to the secretary.--
(A) In general.--A non-Federal project
sponsor described in subsection (a) may submit
to the Secretary a proposal for a project
eligible to receive a grant under this section
in the form of a completed feasibility study.
(B) Eligible projects.--A project shall be
considered eligible for consideration for a
grant under this section if the project--
(i) has water storage capacity of not
less than [2,000] 200 acre-feet and not
more than 30,000 acre-feet; and
(ii)(I) increases surface water or
groundwater storage; or (II) conveys
water, directly or indirectly, to or
from surface water or groundwater
storage.
* * * * * * *
SEC. 40904. CRITICAL MAINTENANCE AND REPAIR.
* * * * * * *
(b) Carey Act Projects.--[The Secretary]
(1) In general.--The Secretary shall use amounts made
available under section 40901(2)(B) to fund the
rehabilitation, reconstruction, or replacement of a
dam--
[(1)] (A) the construction of which began on
or after January 1, 1905;
[(2)] (B) that was developed pursuant to
section 4 of the Act of August 18, 1894
(commonly known as the ``Carey Act'') (43
U.S.C. 641; 28 Stat. 422, chapter 301);
[(3)] (C) that the Governor of the State in
which the dam is located has--
[(A)] (i) determined the dam has
reached its useful life;
[(B)] (ii) determined the dam poses
significant health and safety concerns;
and
[(C)] (iii) requested Federal
support; and
[(4)] (D) for which the estimated
rehabilitation, reconstruction, or replacement,
engineering, and permitting costs would exceed
$50,000,000.
(2) Additional projects.--
(A) In general.--On making the affirmative
determinations described in subparagraph (B),
the Secretary shall use amounts made available
under section 40901(2)(B) to fund the
rehabilitation, reconstruction, or replacement
of any dams that were developed pursuant to,
and continue to operate as dams under, section
4 of the Act of August 18, 1894 (commonly known
as the ``Carey Act'') (43 U.S.C. 641; 28 Stat.
422, chapter 301).
(B) Determinations described.--The
determinations referred to in subparagraph (A)
are--
(i) a determination by the Secretary
that any dams that meet the criteria
described in paragraph (1) have
received the necessary funding to
complete rehabilita1tion,
reconstruction, or replacement
activities under this subsection; and
(ii) a determination by the Secretary
that amounts made available under
section 40901(2)(B) remain available.
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