FUTURE Western Water Infrastructure and Drought Resiliency Act

I 117TH CONGRESS 1ST SESSION H. R. 3404 To provide drought preparedness and improved water supply reliability to the Nation. IN THE HOUSE OF REPRESENTATIVES MAY 20, 2021 Mr. HUFFMAN (for himself, Mrs. NAPOLITANO, Mr. LEVIN of California, Mr. DESAULNIER, Mr. VARGAS, Ms. DEGETTE, and Mr. GRIJALVA) intro- duced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Science, Space, and Technology, Ways and Means, Transportation and Infrastructure, the Ju- diciary, and Energy and Commerce, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide drought preparedness and improved water supply reliability to the Nation. 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 ‘‘Furthering Underutilized Technologies and Unleashing 5 Responsible Expenditures for Western Water Infrastruc- 6 ture and Drought Resiliency Act’’ or the ‘‘FUTURE 7 VerDate Sep 11 2014 05:26 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3404.IH H3404 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3404 IH Western Water Infrastructure and Drought Resiliency 1 Act’’. 2 (b) TABLE OF CONTENTS.—The table of contents for 3 this Act is as follows: 4 Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—INFRASTRUCTURE DEVELOPMENT Sec. 101. Competitive grant program for the funding of water recycling and reuse projects. Sec. 102. Storage project development reports to Congress. Sec. 103. Funding for storage and supporting projects. Sec. 104. Extension of existing requirements for grandfathered storage projects. Sec. 105. Desalination project development. Sec. 106. Assistance for disadvantaged communities without adequate drinking water. Sec. 107. Water infrastructure fund. TITLE II—IMPROVED TECHNOLOGY AND DATA Sec. 201. Reauthorization of water availability and use assessment program. Sec. 202. Modifications to income exclusion for conservation subsidies. Sec. 203. X-prize for water technology breakthroughs. Sec. 204. Study examining sediment transport. Sec. 205. Federal priority streamgages. Sec. 206. Study examining climate vulnerabilities at Federal dams. Sec. 207. Innovative technology adoption. Sec. 208. Forecast-informed water control manual updates. TITLE III—ECOSYSTEM PROTECTION AND RESTORATION Sec. 301. Waterbird habitat creation program. Sec. 302. Competitive grant program for the funding of watershed health projects. Sec. 303. Support for refuge water deliveries. Sec. 304. Drought planning and preparedness for critically important fisheries. Sec. 305. Reauthorization of the Fisheries Restoration and Irrigation Mitiga- tion Act of 2000. Sec. 306. Combating water theft for illegal marijuana cultivation. Sec. 307. Sustaining biodiversity during droughts. TITLE IV—WATER JOB TRAINING AND EDUCATION Sec. 401. Water resource education. Sec. 402. Water sector career grant programs. TITLE V—MISCELLANEOUS Sec. 501. Offset. VerDate Sep 11 2014 05:26 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H3404.IH H3404 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3404 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) As expressed in the Water Supply Act of 3 1958, Congress has recognized the primary respon- 4 sibilities of the States and local interests in devel- 5 oping water supplies for domestic, municipal, indus- 6 trial, and other purposes, and that the Federal Gov- 7 ernment should participate and cooperate in these 8 projects. 9 (2) There is a long and robust legal precedent 10 of Federal deference to State primacy in water law 11 and the legal system that States establish for resolv- 12 ing disputes over water use, with the Supreme Court 13 finding in Kansas v. Colorado that ‘‘Congress cannot 14 enforce either rule upon any State’’ in matters of 15 the right regulation of water rights. 16 (3) The entire American West and Southwest 17 are facing forecasts of prolonged droughts that will 18 leave States facing major water shortages and cata- 19 strophic wildfires. 20 (4) Recent periods of drought in the American 21 West have also occurred with higher temperatures 22 and reduced snowpack and led to what climate sci- 23 entists recently concluded was possibly the most se- 24 vere drought in California in over 1,200 years. 25 VerDate Sep 11 2014 05:26 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3404.IH H3404 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3404 IH (5) The Colorado River has been under drought 1 conditions since 2000, and the chances of a 2 ‘‘megadrought’’ striking the Southwest and central 3 Great Plains are on the rise according to forecasts 4 from climate scientists. 5 (6) Addressing water shortages today and in 6 the future will require action from the Federal Gov- 7 ernment that respects State, local, and Tribal law, 8 and that the policies that respond to droughts 9 should not pit State against State, region against re- 10 gion, or stakeholders against one another. 11 (7) Congress recognizes the range of separate, 12 distinct Federal agencies with authorities and re- 13 sources that play a role in water supply, including 14 treatment and remediation of groundwater, surface 15 water storage, water recycling and reuse, and other 16 clean water infrastructure, and to avoid duplication 17 and ensure the efficiency and effectiveness of these 18 various Federal roles, there is a need for improved 19 coordination, streamlining, and collaboration, both 20 among Federal agencies and with drought-impacted 21 States and localities. 22 (8) It is the policy of the United States to re- 23 spect California’s coequal goals, established by the 24 Delta Reform Act of 2009, of providing a more reli- 25 VerDate Sep 11 2014 05:26 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3404.IH H3404 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3404 IH able water supply for California and protecting, re- 1 storing, and enhancing the Delta ecosystem, and 2 these coequal goals shall be achieved in a manner 3 that protects and enhances the unique cultural, rec- 4 reational, natural resource, and agricultural values 5 of the Delta as an evolving place. 6 (9) The State of California, in CA Water Code 7 section 85021, has established a policy to reduce re- 8 liance on the Delta in meeting California’s future 9 water supply needs through a statewide strategy of 10 investing in improved regional supplies, conservation, 11 and water use efficiency; California law directs each 12 region that depends on water from the Delta water- 13 shed to improve its regional self-reliance for water 14 through investment in water use efficiency, water re- 15 cycling, advanced water technologies, local and re- 16 gional water supply projects, and improved regional 17 coordination of local and regional water supply ef- 18 forts; and it is the intent of Congress to ensure that 19 Federal programs, policies, and investments respect 20 and compliment, and do not undermine or conflict 21 with, California’s policy of reducing reliance on 22 Delta diversions. 23 (10) Federal agencies should operate the Bu- 24 reau of Reclamation’s Central Valley Project in Cali- 25 VerDate Sep 11 2014 05:26 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3404.IH H3404 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3404 IH fornia in compliance with all Federal and State laws, 1 including biological opinions, while working with the 2 State to maximize operational flexibility in order to 3 deliver as much water as reasonably possible to 4 drought-impacted areas and minimize the harm suf- 5 fered by fish and wildlife as a result of drought. 6 (11) The Reclamation Fund was established in 7 1902 with the express purpose of providing for the 8 construction and maintenance of water infrastruc- 9 ture for the economic development of the Western 10 States and territories, with revenues deposited into 11 the fund out of public land sales within these West- 12 ern States and territories. 13 (12) Since 1902, the Reclamation Fund has 14 been supplemented with additional revenues from 15 Federal water resources development and mineral 16 and natural resource leases on Federal lands, such 17 that the surplus within the Reclamation Fund now 18 exceeds $17,000,000,000. 19 (13) The Reclamation Fund represents a trans- 20 fer of a portion of receipts from Federal lands and 21 Federal natural resources in the West back to the 22 West for water development, and the Reclamation 23 Fund’s surplus should be used to assist the West in 24 meeting its water needs for public health and safety, 25 VerDate Sep 11 2014 05:26 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3404.IH H3404 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3404 IH for expanding water recycling, reuse, and reclama- 1 tion, and for meeting the emergency needs of com- 2 munities impacted by drought. 3 (14) The Federal funding provided in this Act 4 will support near-term and long-term water supply 5 reliability for the Western States, including through 6 the use of the Reclamation Fund surplus to support 7 long-term water infrastructure investment. 8 (15) The Federal funding authorized in title I 9 of this Act can help provide additional water sup- 10 plies to the Western States in the near-term, includ- 11 ing 650,000 acre-feet per year in additional average 12 yield through water reuse projects, 350,000 acre-feet 13 per year in additional average yield through water 14 storage projects, and 100,000 acre-feet per year in 15 additional average yield through water desalination 16 projects. 17 (16) Robust Federal investment and support is 18 needed to assist the Western States in developing fu- 19 ture drought resiliency in the face of climate change, 20 which will continue to exacerbate existing water sup- 21 ply challenges in an already arid region of the coun- 22 try. 23 SEC. 3. DEFINITIONS. 24 In this Act: 25 VerDate Sep 11 2014 05:26 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3404.IH H3404 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3404 IH (1) RELEVANT COMMITTEES OF CONGRESS.— 1 The term ‘‘relevant committees of Congress’’ 2 means— 3 (A) the Committee on Natural Resources 4 of the House of Representatives; and 5 (B) the Committee on Energy and Natural 6 Resources of the Senate. 7 (2) RECLAMATION STATE.—The term ‘‘Rec- 8 lamation State’’ means a State or territory described 9 in the first section of the Act of June 17, 1902 (32 10 Stat. 388, chapter 1093; 43 U.S.C. 391). 11 (3) SECRETARY.—The term ‘‘Secretary’’ means 12 the Secretary of the Interior, unless otherwise de- 13 fined in a particular provision. 14 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 15 has the meaning given the term in section 4 of the 16 Indian Self-Determination and Education Assistance 17 Act (25 U.S.C. 5304)). 18 TITLE I—INFRASTRUCTURE 19 DEVELOPMENT 20 SEC. 101. COMPETITIVE GRANT PROGRAM FOR THE FUND- 21 ING OF WATER RECYCLING AND REUSE 22 PROJECTS. 23 (a) COMPETITIVE GRANT PROGRAM FOR THE FUND- 24 ING OF WATER RECYCLING AND REUSE PROJECTS.—Sec- 25 VerDate Sep 11 2014 05:26 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3404.IH H3404 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3404 IH tion 1602(f) of the Reclamation Wastewater and Ground- 1 water Study and Facilities Act (title XVI of Public Law 2 102–575; 43 U.S.C. 390h et seq.) is amended by striking 3 paragraphs (2) and (3) and inserting the following: 4 ‘‘(2) PRIORITY.—When funding projects under 5 paragraph (1), the Secretary shall give funding pri- 6 ority to projects that meet one or more of the fol- 7 lowing criteria: 8 ‘‘(A) Projects that are likely to provide a 9 more reliable water supply for States and local 10 governments. 11 ‘‘(B) Projects that are likely to increase 12 the water management flexibility and reduce 13 impacts on environmental resources from 14 projects operated by Federal and State agen- 15 cies. 16 ‘‘(C) Projects that are regional in nature. 17 ‘‘(D) Projects with multiple stakeholders. 18 ‘‘(E) Projects that provide multiple bene- 19 fits, including water supply reliability, eco-sys- 20 tem benefits, groundwater management and en- 21 hancements, and water quality improvements.’’. 22 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 23 1602(g) of the Reclamation Wastewater and Groundwater 24 VerDate Sep 11 2014 05:26 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3404.IH H3404 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3404 IH Study and Facilities Act (title XVI of Public Law 102– 1 575; 43 U.S.C. 390h et seq.) is amended— 2 (1) by striking ‘‘$50,000,000’’ and inserting 3 ‘‘$500,000,000 through fiscal year 2025’’; and 4 (2) by striking ‘‘if enacted appropriations legis- 5 lation designates funding to them by name,’’. 6 (c) DURATION.—Section 4013 of the WIIN Act (43 7 U.S.C. 390b(2)) is amended— 8 (1) in paragraph (1), by striking ‘‘and’’; 9 (2) in paragraph (2), by striking the period and 10 inserting ‘‘; and’’; and 11 (3) by adding at the end the following: 12 ‘‘(3) section 4009(c).’’. 13 (d) LIMITATION ON FUNDING.—Section 1631(d) of 14 the Reclamation Wastewater and Groundwater Study and 15 Facilities Act (43 U.S.C. 390h–13(d)) is amended by 16 striking ‘‘$20,000,000 (October 1996 prices)’’ and insert- 17 ing ‘‘$30,000,000 (January 2019 prices)’’. 18 SEC. 102. STORAGE PROJECT DEVELOPMENT REPORTS TO 19 CONGRESS. 20 (a) DEFINITIONS.—In this section: 21 (1) NON-FEDERAL INTEREST.—The term 22 ‘‘Non-Federal interest’’ means an eligible entity or a 23 qualified partner (as defined in section 103(a)). 24 VerDate Sep 11 2014 05:26 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3404.IH H3404 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3404 IH (2) PROJECT REPORT.—The term ‘‘project re- 1 port’’ means the following documents prepared for a 2 Federal storage project or major federally assisted 3 storage project (as defined in section 103(a)): 4 (A) A feasibility study carried out pursu- 5 ant to the Act of June 17, 1902 (32 Stat. 388, 6 chapter 1093), and Acts supplemental to and 7 amendatory of that Act (43 U.S.C. 371 et seq.) 8 including any feasibility or equivalent studies 9 prepared for a project pursuant to section 10 103(c)(7)(B) or section 103(d)(7)(B)(i) of this 11 Act. 12 (B) The Fish and Wildlife Coordination 13 Act report described in section 103(g) of this 14 Act prepared for a proje [Text truncated for display. 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