Water for Conservation and Farming Act

II 117TH CONGRESS 1ST SESSION S. 953 To provide for drought preparedness and improved water supply reliability. IN THE SENATE OF THE UNITED STATES MARCH 24, 2021 Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources A BILL To provide for drought preparedness and improved water supply reliability. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Water for Conservation and Farming Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—INFRASTRUCTURE DEVELOPMENT Sec. 101. Technical amendment to the Water Desalination Act of 1996. Sec. 102. Bureau of Reclamation Infrastructure Fund. VerDate Sep 11 2014 20:11 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S953.IS S953 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 953 IS Sec. 103. Watersmart extension and expansion. TITLE II—ECOSYSTEM PROTECTION AND RESTORATION Sec. 201. Waterbird and shorebird habitat creation program. Sec. 202. Sustaining biodiversity during droughts. Sec. 203. Reauthorization of Cooperative Watershed Management Program. Sec. 204. Multibenefit projects to improve watershed health. Sec. 205. Drought planning and preparedness for critically important fisheries. Sec. 206. Reauthorization of the Fisheries Restoration and Irrigation Mitiga- tion Act of 2000. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) FUND.—The term ‘‘Fund’’ means the Bu- 3 reau of Reclamation Infrastructure Fund established 4 by section 102(a). 5 (2) RECLAMATION STATE.—The term ‘‘Rec- 6 lamation State’’ has the meaning given the term in 7 section 4014 of the Water Infrastructure Improve- 8 ments for the Nation Act (43 U.S.C. 390b note; 9 Public Law 114–322). 10 (3) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of the Interior. 12 TITLE I—INFRASTRUCTURE 13 DEVELOPMENT 14 SEC. 101. TECHNICAL AMENDMENT TO THE WATER DESALI- 15 NATION ACT OF 1996. 16 Section 4(a) of the Water Desalination Act of 1996 17 (42 U.S.C. 10301 note; Public Law 104–298) is amended 18 by redesignating the second paragraph (1) (relating to eli- 19 gible desalination projects) as paragraph (2). 20 VerDate Sep 11 2014 20:11 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S953.IS S953 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 953 IS SEC. 102. BUREAU OF RECLAMATION INFRASTRUCTURE 1 FUND. 2 (a) ESTABLISHMENT.—There is established in the 3 Treasury of the United States a fund, to be known as the 4 ‘‘Bureau of Reclamation Infrastructure Fund’’, consisting 5 of— 6 (1) such amounts as are deposited in the Fund 7 under subsection (b)(1); and 8 (2) any interest earned on investment of 9 amounts in the Fund under subsection (c)(1)(B). 10 (b) DEPOSITS TO FUND.— 11 (1) IN GENERAL.—For each of fiscal years 12 2031 through 2061, the Secretary of the Treasury 13 shall deposit in the Fund $300,000,000 of the reve- 14 nues that would otherwise be deposited for the fiscal 15 year in the reclamation fund established by the first 16 section of the Act of June 17, 1902 (32 Stat. 388, 17 chapter 1093), of which— 18 (A) $100,000,000 shall be expended by the 19 Secretary for water reclamation and reuse 20 projects authorized under— 21 (i) the Reclamation Wastewater and 22 Groundwater Study and Facilities Act (43 23 U.S.C. 390h et seq.); or 24 VerDate Sep 11 2014 20:11 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S953.IS S953 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 953 IS (ii) section 4(a)(2) of the Water De- 1 salination Act of 1996 (42 U.S.C. 10301 2 note; Public Law 104–298); 3 (B) $100,000,000 shall be expended by the 4 Secretary for grants authorized under section 5 9504 of the Omnibus Public Land Management 6 Act of 2009 (42 U.S.C. 10364); and 7 (C) $100,000,000 shall be expended by the 8 Secretary to perform modifications to preserve 9 the structural safety of Bureau of Reclamation 10 dams and related facilities to ensure that Bu- 11 reau of Reclamation facilities do not present 12 unreasonable risks to public safety, property, or 13 the environment, if the expenditures— 14 (i) account for not more than 85 per- 15 cent of the total costs for any dam safety 16 project; and 17 (ii) are made in accordance with sec- 18 tion 3 of the Reclamation Safety of Dams 19 Act of 1978 (43 U.S.C. 507). 20 (2) AVAILABILITY OF AMOUNTS.—Amounts de- 21 posited in the Fund under paragraph (1) shall— 22 (A) be made available in accordance with 23 this section, without further appropriation; and 24 VerDate Sep 11 2014 20:11 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S953.IS S953 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 953 IS (B) be in addition to amounts appropriated 1 for the purposes described in this section under 2 any other provision of law. 3 (c) EXPENDITURES FROM FUND.— 4 (1) IN GENERAL.—Subject to paragraph (2), 5 for each of fiscal years 2031 through 2061, the Sec- 6 retary may expend from the Fund, in accordance 7 with this section, not more than an amount equal to 8 the sum of— 9 (A) the amounts deposited in the Fund for 10 the applicable fiscal year under subsection 11 (b)(1); and 12 (B) the amount of interest accrued in the 13 Fund for the fiscal year in which the expendi- 14 tures are made. 15 (2) ADDITIONAL EXPENDITURES.— 16 (A) IN GENERAL.—The Secretary may ex- 17 pend more in any fiscal year than the amounts 18 described in paragraph (1) if the additional 19 amounts are available in the Fund as a result 20 of a failure of the Secretary to expend all of the 21 amounts available under paragraph (1) in 1 or 22 more prior fiscal years. 23 VerDate Sep 11 2014 20:11 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S953.IS S953 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 953 IS (B) RETENTION IN ACCOUNTS.—Any addi- 1 tional amounts referred to in subparagraph (A) 2 shall— 3 (i) accrue interest in accordance with 4 this section; and 5 (ii) only be expended for the purposes 6 for which expenditures from the Fund are 7 authorized. 8 SEC. 103. WATERSMART EXTENSION AND EXPANSION. 9 (a) WATER MANAGEMENT IMPROVEMENT.—Section 10 9504(a) of the Omnibus Public Land Management Act of 11 2009 (42 U.S.C. 10364(a)) is amended— 12 (1) in paragraph (1)— 13 (A) in subparagraph (F), by inserting ‘‘, 14 including through temporary, voluntary, and 15 compensated transactions that decrease con- 16 sumptive water use at a regional or watershed 17 scale’’ after ‘‘imbalances’’; and 18 (B) in subparagraph (J), by striking clause 19 (i) and inserting the following: 20 ‘‘(i) to increase ecological resilience to 21 climate change by addressing climate-re- 22 lated impacts to, or vulnerabilities of, the 23 water supply of the United States, includ- 24 ing by enhancing natural water storage 25 VerDate Sep 11 2014 20:11 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S953.IS S953 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 953 IS within a floodplain or riparian wetland;’’; 1 and 2 (2) in paragraph (3)(B)(i), by striking sub- 3 clause (II) and inserting the following: 4 ‘‘(II) to use the assistance pro- 5 vided under a grant or agreement to 6 increase the consumptive use of water 7 for agricultural operations above the 8 pre-project levels, as determined pur- 9 suant to the law of the State in which 10 the operation of the eligible applicant 11 is located.’’. 12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 13 9504 of the Omnibus Public Land Management Act of 14 2009 (42 U.S.C. 10364) is amended by striking subsection 15 (e) and inserting the following: 16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 17 is authorized to be appropriated to carry out this section 18 $700,000,000, to remain available until expended, subject 19 to the condition that $50,000,000 of that amount shall 20 be used to carry out section 206 of the Energy and Water 21 Development and Related Agencies Appropriations Act, 22 2015 (43 U.S.C. 620 note; Public Law 113–235).’’. 23 VerDate Sep 11 2014 20:11 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S953.IS S953 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 953 IS TITLE II—ECOSYSTEM PROTEC- 1 TION AND RESTORATION 2 SEC. 201. WATERBIRD AND SHOREBIRD HABITAT CRE- 3 ATION PROGRAM. 4 (a) AUTHORIZATION OF HABITAT CREATION PRO- 5 GRAM.— 6 (1) IN GENERAL.—Subject to paragraphs (2) 7 and (3), the Secretary shall establish a program 8 under which the Secretary shall provide financial as- 9 sistance to eligible agricultural producers in Rec- 10 lamation States, in the form of direct payments or 11 credits, as applicable, to compensate the eligible ag- 12 ricultural producers for the creation and mainte- 13 nance of waterbird and shorebird habitats. 14 (2) LIMITATION ON AMOUNT OF FINANCIAL AS- 15 SISTANCE.—Not more than a total of $3,500,000 of 16 financial assistance may be provided for each fiscal 17 year under paragraph (1). 18 (3) CONDITIONS.—Financial assistance shall be 19 provided under paragraph (1) only if the Secretary 20 determines that the activities receiving the financial 21 assistance would— 22 (A) create new habitat that would not oth- 23 erwise be created; or 24 VerDate Sep 11 2014 20:11 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S953.IS S953 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 953 IS (B) maintain existing habitat that would 1 not otherwise be maintained. 2 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 3 authorized to be appropriated to the Secretary $3,500,000 4 to carry out this section for each of fiscal years 2022 5 through 2027, to remain available until expended. 6 (c) REPORT.—Not later than October 1, 2022, and 7 every 2 years thereafter, the Secretary shall submit to 8 Congress a report that describes the environmental per- 9 formance of activities that are receiving, or have received, 10 financial assistance under the program established under 11 subsection (a)(1) during the period covered by the report. 12 SEC. 202. SUSTAINING BIODIVERSITY DURING DROUGHTS. 13 Section 9503(b) of the Omnibus Public Land Man- 14 agement Act of 2009 (42 U.S.C. 10363(b)) is amended— 15 (1) in paragraph (3)(D), by inserting ‘‘and na- 16 tive biodiversity’’ after ‘‘wildlife habitat’’; and 17 (2) in paragraph (4)(B), by inserting ‘‘and 18 drought biodiversity plans to address sustaining na- 19 tive biodiversity during periods of drought’’ after 20 ‘‘restoration plans’’. 21 VerDate Sep 11 2014 20:11 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S953.IS S953 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 953 IS SEC. 203. REAUTHORIZATION OF COOPERATIVE WATER- 1 SHED MANAGEMENT PROGRAM. 2 Section 6002 of the Omnibus Public Lands Manage- 3 ment Act of 1976 (16 U.S.C. 1015a) is amended by strik- 4 ing subsection (g) and inserting the following: 5 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 6 are authorized to be appropriated to carry out this sec- 7 tion— 8 ‘‘(1) $20,000,000 for each of fiscal years 2012 9 through 2021; and 10 ‘‘(2) $40,000,000 for each of fiscal years 2022 11 through 2026.’’. 12 SEC. 204. MULTIBENEFIT PROJECTS TO IMPROVE WATER- 13 SHED HEALTH. 14 (a) DEFINITION OF ELIGIBLE APPLICANT.—In this 15 section, the term ‘‘eligible applicant’’ means— 16 (1) any Reclamation State, Indian Tribe, irriga- 17 tion district, water district, or organization with 18 water or power delivery authority; 19 (2) any Reclamation State, regional authority, 20 or local agency or authority; and 21 (3) any nonprofit conservation organization. 22 (b) ESTABLISHMENT OF COMPETITIVE GRANT PRO- 23 GRAM.—Not later than 1 year after the date of enactment 24 of this Act, the Secretary, in consultation with the heads 25 of relevant agencies, shall establish a competitive grant 26 VerDate Sep 11 2014 20:11 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S953.IS S953 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 953 IS program under which the Secretary shall award grants to 1 eligible applicants for the design, implementation, and 2 monitoring of conservation outcomes of habitat restoration 3 projects that improve watershed health in a Reclamation 4 State by accomplishing 1 or more of the following: 5 (1) Ecosystem benefits. 6 (2) Restoration of native species beyond exist- 7 ing or planned measures necessary to comply with 8 Federal or State laws relating to species recovery. 9 (3) Mitigation against the impacts of climate 10 change to fish and wildlife habitats. 11 (4) Protection against invasive species. 12 (5) Restoration of aspects of the natural eco- 13 system. 14 (6) Enhancement of commercial or recreational 15 fishing. 16 (7) Enhancement of river-based recreation, 17 such as kayaking, rafting, and canoeing. 18 (c) REQUIREMENTS.— 19 (1) IN GENERAL.—In awarding a grant to an 20 eligible applicant under subsection (b), the Sec- 21 retary— 22 (A) shall give priority to an eligible appli- 23 cant that would carry out a habitat restoration 24 VerDate Sep 11 2014 20:11 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S953.IS S953 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 953 IS project that achieves more than 1 of the bene- 1 fits described in that subsection; and 2 (B) may not provide a grant to carry out 3 a habitat restoration project, the purpose of 4 which is to meet existing environmental mitiga- 5 tion or compliance obligations under Federal or 6 State law. 7 (2) COMPLIANCE.—A habitat restoration 8 project awarded a grant under subsection (a) shall 9 comply with all applicable Federal and State laws. 10 (d) COST-SHARING REQUIREMENT.—The Federal 11 share of the cost of any habitat restoration project that 12 is awarded a grant under subsection (b)— 13 (1) shall not exceed 50 percent of the cost of 14 the habitat restoration project; or 15 (2) in the case of a habitat restoration project 16 that provides benefits to ecological or recreational 17 values in which the nonconsumptive water conserva- 18 tion benefit or habitat restoration benefit accounts 19 for at least 75 percent of the cost of the habitat res- 20 toration project, as determined by the Secretary, 21 shall not exceed 75 percent of the cost of the habitat 22 restoration project. 23 VerDate Sep 11 2014 20:11 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S953.IS S953 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 953 IS (e) AUTHORIZATION OF APPROPRIATIONS.—There is 1 authorized to be appropriated to carry out this section 2 $150,000,000 f [Text truncated for display. 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