Western Water Storage Infrastructure Act

I 116TH CONGRESS 2D SESSION H. R. 8166 To support surface and groundwater storage and supporting projects in Reclamation States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 4, 2020 Mr. COX of California (for himself, Mr. COSTA, and Mr. GARAMENDI) intro- duced the following bill; which was referred to the Committee on Natural Resources A BILL To support surface and groundwater storage and supporting projects in Reclamation States, and for other purposes. 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. 3 This Act may be cited as the ‘‘Western Water Stor- 4 age Infrastructure Act’’. 5 SEC. 2. SURFACE AND GROUNDWATER STORAGE AND SUP- 6 PORTING PROJECTS. 7 (a) DEFINITIONS.—In this section: 8 VerDate Sep 11 2014 03:29 Sep 07, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8166.IH H8166 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8166 IH (1) APPROPRIATE COMMITTEES OF CON- 1 GRESS.—The term ‘‘appropriate committees of Con- 2 gress’’ means— 3 (A) the Committee on Appropriations of 4 the House of Representatives; and 5 (B) the Committee on Natural Resources 6 of the House of Representatives. 7 (C) the Committee on Appropriations of 8 the Senate; 9 (D) the Committee on Energy and Natural 10 Resources of the Senate; 11 (2) DESIGN; STUDY.—The terms ‘‘design’’ and 12 ‘‘study’’ include any design, permitting, materials 13 engineering or testing, surveying, or preconstruction 14 activity relating to a water storage facility. 15 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 16 ty’’ means— 17 (A) any State, political subdivision of a 18 State, department of a State, or public agency 19 organized pursuant to State law; 20 (B) an Indian tribe (as defined in section 21 4 of the Indian Self-Determination and Edu- 22 cation Assistance Act (25 U.S.C. 5304)) or an 23 entity controlled by an Indian tribe; 24 (C) a water users’ association; 25 VerDate Sep 11 2014 03:29 Sep 07, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8166.IH H8166 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8166 IH (D) an agency established by an interstate 1 compact; or 2 (E) an agency established under State law 3 for the joint exercise of powers. 4 (4) FEDERALLY OWNED STORAGE PROJECT.— 5 The term ‘‘federally owned storage project’’ means 6 any project in a Reclamation State— 7 (A) that involves the construction, expan- 8 sion, upgrade, or capital repair of— 9 (i) a surface or groundwater storage 10 facility; or 11 (ii) a facility conveying water to or 12 from surface or groundwater storage; 13 (B) to which the United States holds title; 14 and 15 (C) that was authorized to be constructed, 16 operated, and maintained pursuant to— 17 (i) the Reclamation laws; or 18 (ii) the Act of August 11, 1939 (com- 19 monly known as the ‘‘Water Conservation 20 and Utilization Act’’) (16 U.S.C. 590y et 21 seq.). 22 (5) NON-FEDERAL STORAGE PROJECT.—The 23 term ‘‘non-Federal storage project’’ means any facil- 24 ity or project in a Reclamation State that— 25 VerDate Sep 11 2014 03:29 Sep 07, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8166.IH H8166 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8166 IH (A) involves the construction, expansion, 1 upgrade, or capital repair by an eligible entity 2 of— 3 (i) a surface or groundwater storage 4 project to which the United States does 5 not hold title; or 6 (ii) a facility conveying water to or 7 from surface or groundwater storage to 8 which the United States does not hold 9 title; and 10 (B) the construction, expansion, upgrade, 11 or capital repair of such facility or project pro- 12 vides a Federal benefit in accordance with Rec- 13 lamation laws (including regulations). 14 (6) RECLAMATION LAWS.—The term ‘‘Reclama- 15 tion laws’’ means Federal Reclamation law (the Act 16 of June 17, 1902 (32 Stat. 388, chapter 1093), and 17 Acts supplemental to and amendatory of that Act. 18 (7) RECLAMATION STATE.—The term ‘‘Rec- 19 lamation State’’ has the meaning given the term in 20 section 4014 of the Water Infrastructure Improve- 21 ments for the Nation Act (43 U.S.C. 390b note; 22 Public Law 114–322). 23 (8) SECRETARY.—The term ‘‘Secretary’’ means 24 the Secretary of the Interior. 25 VerDate Sep 11 2014 03:29 Sep 07, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8166.IH H8166 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8166 IH (b) GRANT PROGRAM.—The Secretary may provide 1 a grant under this section to an eligible entity to carry 2 out, within a Reclamation State— 3 (1) a federally owned storage project in accord- 4 ance with subsection (c); or 5 (2) a non-Federal storage project in accordance 6 with subsection (d). 7 (c) FEDERALLY OWNED STORAGE PROJECTS.— 8 (1) IN GENERAL.—Subject to the requirements 9 of this section, on request of an eligible entity, the 10 Secretary may negotiate and enter into an agree- 11 ment on behalf of the United States for the design, 12 study, construction, expansion, upgrade, or capital 13 repair of a federally owned storage project in an 14 amount equal to not more than 50 percent of the 15 total cost of the federally owned storage project. 16 (2) CONDITIONS FOR FEDERAL CONSTRUCTION 17 FUNDING.—The construction of a federally owned 18 storage project that is the subject of an agreement 19 under this section shall not commence until the Sec- 20 retary— 21 (A) determines that— 22 (i) the federally owned storage project 23 is feasible in accordance with the Reclama- 24 tion laws; 25 VerDate Sep 11 2014 03:29 Sep 07, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8166.IH H8166 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8166 IH (ii) the federally owned storage 1 project provides a Federal benefit in ac- 2 cordance with the Reclamation laws; and 3 (iii) in return for the Federal cost- 4 share investment, not less than a propor- 5 tionate share of the benefits of the feder- 6 ally owned storage project are Federal ben- 7 efits, including water supplies dedicated to 8 specific purposes, such as water quality im- 9 provements or fish and wildlife protection 10 and restoration, including a wildlife refuge; 11 and 12 (B) secures an agreement providing such 13 funding as is necessary to pay the non-Federal 14 share of the capital costs of the federally owned 15 storage project. 16 (3) NOTIFICATION.—The Secretary shall sub- 17 mit to the appropriate committees of Congress a 18 written notification that an agreement that satisfies 19 the requirements in paragraph (2)(B) has been se- 20 cured not later than 30 days after the agreement is 21 secured. 22 (4) EXPANSION OR UPGRADE.—The Secretary 23 shall require, as a condition for design, study, or any 24 VerDate Sep 11 2014 03:29 Sep 07, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8166.IH H8166 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8166 IH other participation in the expansion or upgrade of a 1 federally owned storage project, the agreement of— 2 (A) if applicable, any entity that has an 3 existing water service contract or repayment 4 contract for more than 60 percent of the capac- 5 ity or yield of the federally owned storage 6 project, that the expansion will not adversely af- 7 fect any right or interest of the entity under the 8 water service contract or repayment contract, 9 as applicable; and 10 (B) if applicable, a non-Federal entity 11 that, pursuant to a formal operations and main- 12 tenance transfer contract or other legal agree- 13 ment with the Secretary carries out the oper- 14 ations and maintenance of the federally owned 15 storage project. 16 (d) NON-FEDERAL STORAGE PROJECTS.— 17 (1) IN GENERAL.—Subject to the requirements 18 of this section, the Secretary may participate in the 19 design, study, construction, expansion, upgrade, or 20 capital repair of a non-Federal storage project in an 21 amount equal to not more than 25 percent of the 22 total cost of the non-Federal storage project. 23 (2) CONDITIONS FOR FEDERAL DESIGN AND 24 STUDY FUNDING.—The Secretary shall only partici- 25 VerDate Sep 11 2014 03:29 Sep 07, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8166.IH H8166 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8166 IH pate in the design or study of a non-Federal storage 1 project under this section if— 2 (A) the Governor, political subdivision, de- 3 partment, or public agency of the State in 4 which the non-Federal storage project is located 5 supports Federal funding of the non-Federal 6 storage project; and 7 (B) the Secretary has identified the poten- 8 tial for Federal benefit sufficient to proceed. 9 (3) CONDITIONS FOR FEDERAL CONSTRUCTION, 10 EXPANSION, UPGRADE, OR CAPITAL REPAIR FUND- 11 ING.—Participation by the Secretary in the con- 12 struction, expansion, upgrade, or capital repair of a 13 non-Federal storage project under this section shall 14 be by negotiated agreement between the United 15 States and the applicable non-Federal entity, and 16 shall not occur unless— 17 (A) the Governor, political subdivision, de- 18 partment, or public agency of the State in 19 which the non-Federal storage project is located 20 supports Federal funding for the project; and 21 (B) the applicable eligible entity deter- 22 mines, and the Secretary concurs, that— 23 (i) the non-Federal storage project is 24 technically and financially feasible in ac- 25 VerDate Sep 11 2014 03:29 Sep 07, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8166.IH H8166 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8166 IH cordance with guidelines established by the 1 Secretary; 2 (ii) the non-Federal storage project 3 provides a Federal benefit in accordance 4 with the Reclamation laws; 5 (iii) in return for the Federal cost- 6 share investment, not less than a propor- 7 tionate share of the benefits of the non- 8 Federal storage project are Federal bene- 9 fits, including water supplies dedicated to 10 specific purposes, such as water quality im- 11 provements or fish and wildlife protection 12 and restoration, including a wildlife refuge; 13 and 14 (iv) each entity participating in the 15 non-Federal project is financially capable 16 of funding its proportionate share of the 17 non-Federal share of the project costs. 18 (C) Not less than $10,000,000 of the fund- 19 ing identified in subsection (g) shall be allo- 20 cated to non-Federal storage projects that fur- 21 ther the Department of the Interior’s priority of 22 sustainably developing natural resources and 23 are— 24 VerDate Sep 11 2014 03:29 Sep 07, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8166.IH H8166 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 8166 IH (i) included in the Bureau of Rec- 1 lamation’s 2015 Water Management Goal 2 Investment Strategy Final Report; 3 (ii) capable of providing water to a 4 Federal wildlife refuge; 5 (iii) equipped with an approved fish 6 screen; and 7 (iv) have both conveyance and recir- 8 culation benefits. 9 (4) NOTIFICATION.—The Secretary shall sub- 10 mit to the appropriate committees of Congress a 11 written notification that an agreement that satisfies 12 the requirements in paragraph (2) has been secured 13 not later than 30 days after the agreement is se- 14 cured.). 15 (5) INFORMATION.— 16 (A) IN GENERAL.—In participating in a 17 non-Federal storage project under this section, 18 the Secretary— 19 (i) shall— 20 (I) generally, rely on reports pre- 21 pared by an eligible entity partici- 22 pating in the non-Federal storage 23 project, including feasibility or equiva- 24 lent studies, environmental analyses, 25 VerDate Sep 11 2014 03:29 Sep 07, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8166.IH H8166 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 8166 IH and other pertinent reports and anal- 1 yses; but 2 (II) retain responsibility for mak- 3 ing the independent determinations 4 described in paragraphs (2) and (3); 5 and 6 (ii) may prepare studies supple- 7 mentary to the studies described in clause 8 (i)(I), on request of the eligible entity par- 9 ticipating in the non-Federal storage 10 project. 11 (B) GUIDELINES.— 12 (i) DRAFT GUIDELINES.—Not later 13 than 180 days after the date of the enact- 14 ment of this Act, the Secretary shall issue 15 draft guidelines for determining whether a 16 non-Federal storage project is financially 17 feasible. The guidelines shall be consistent 18 with and meet the requirements in title 19 XVI of Public Law 102–575 for a feasi- 20 bility study report, including the economic 21 analysis contained in the Reclamation 22 Manual Directive & Standard Title XVI 23 Water Reclamation and Reuse Program 24 VerDate Sep 11 2014 03:29 Sep 07, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8166.IH H8166 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 8166 IH Feasibility Study Review Process (WTR 1 11–01), subject to— 2 (I) any additional requirements 3 necessary to provide sufficient infor- 4 mation for making the independent 5 determinations described in para- 6 graphs (2) and (3); and 7 (II) the condition that the Bu- 8 reau of Reclamation shall not bear re- 9 sponsibility for the technical adequacy 10 of any design, study, cost estimate, 11 construction, expansion, upgrade, or 12 capital repair relating to a non-Fed- 13 eral storage project. 14 (ii) FINAL GUIDELINES.—Not later 15 than 1 year after the date of the enact- 16 ment of this Act, the Secretary shall final- 17 ize the guidelines issued under clause (i). 18 (e) RIGHTS TO USE CAPACITY.— 19 (1) FEDERALLY OWNED STORAGE PROJECT.— 20 The right to use the capacity of a federally owned 21 storage project that was designed, studied, con- 22 structed, expanded, upgraded, or repaired under this 23 Act shall be allocated in such manner as may be mu- 24 tually agreed to by the Secretary and the party or 25 VerDate Sep 11 2014 03:29 Sep 07, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8166.IH H8166 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 8166 IH parties to the agreement executed pursuant to sub- 1 section (c)(1). 2 (2) NON-FEDERAL STORAGE PROJECT.—The 3 right to use the capacity of a non-Federal storage 4 project that was designed, studied, constructed, ex- 5 panded, upgraded, or repaired under this Act shall 6 be allocated in such manner as may be mutually 7 agreed to by the Secretary and the relevant eligible 8 entity or entities. 9 (f) FEDERAL BENEFITS.—In making a determina- 10 tion relating to Federal benefits under this Act, the Sec- 11 retary may consider any benefit realized from the exist- 12 ence of operational flexibility to optimize the achievement 13 of any authorized project purpose (whether reimbursable 14 or nonreimbursable), inc [Text truncated for display. 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