II 

116TH CONGRESS 

2D SESSION S. 4188 

To provide for drought preparedness and improved water supply reliability, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 2, 2020 

Ms. HARRIS introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To provide for drought preparedness and improved water 

supply reliability, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Water for Tomorrow Act of 2020’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INVESTMENTS IN WATER INFRASTRUCTURE AND 

SUSTAINABILITY 

Sec. 101. Findings. 


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Sec. 102. Reclamation infrastructure finance and innovation program. 

Sec. 103. Assistance for disadvantaged communities without adequate drinking 

water. 

Sec. 104. Competitive grant program for the funding of water recycling and 

reuse projects. 

Sec. 105. Increased funding for water management improvement. 

Sec. 106. Rural water supply program reauthorization. 

TITLE II—ECOSYSTEM PROTECTION AND RESTORATION 

Sec. 201. Competitive grant program for the funding of watershed health 

projects. 

Sec. 202. Cooperative Watershed Management Program. 

Sec. 203. Support for refuge water deliveries. 

Sec. 204. Drought planning and preparedness for critically important fisheries. 

Sec. 205. Aquatic ecosystem restoration. 

TITLE III—IMPROVED TECHNOLOGY AND DATA 

Sec. 301. Determination of water supply allocations. 

Sec. 302. Study examining climate vulnerabilities at Federal dams. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) RECLAMATION STATE.—The term ‘‘Rec4 lamation State’’ has the meaning given the term in 

5 section 4014 of the Water Infrastructure Improve6 ments for the Nation Act (43 U.S.C. 390b note; 

7 Public Law 114–322). 

8 (2) RELEVANT COMMITTEES OF CONGRESS.— 

9 The term ‘‘relevant committees of Congress’’ 

10 means— 

11 (A) the Committee on Natural Resources 

12 of the House of Representatives; and 

13 (B) the Committee on Energy and Natural 

14 Resources of the Senate. 

15 (3) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 


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1 TITLE I—INVESTMENTS IN 

2 WATER INFRASTRUCTURE 

3 AND SUSTAINABILITY 

4 SEC. 101. FINDINGS. 

5 Congress finds that— 

6 (1)(A) everyone has the right to clean and safe 

7 drinking water and appropriate sanitation services; 

8 and 

9 (B) the Federal Government has the responsi10 bility to ensure that the rights described in subpara11 graph (A) are realized; 

12 (2) water is an essential resource for farms, cit13 ies, and the environment; 

14 (3) in order to responsibly and sustainably 

15 manage water, all different types of water, including 

16 water that is stored, drinking water, flood waters, 

17 wastewater, recycled water, and other types, should 

18 be taken into account; 

19 (4) climate change will increase the vulner20 ability of water supplies for communities and the en21 vironment by— 

22 (A) increasing the frequency and mag23 nitude of droughts and extreme precipitation 

24 events; 

25 (B) increasing air temperatures; and 


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1 (C) changing the patterns and volume of 

2 precipitation; 

3 (5) the water infrastructure of the United 

4 States needs additional investment given the age of 

5 the infrastructure and emerging issues, such as cli6 mate change; 

7 (6) a diverse portfolio of water management, 

8 storage, recycling, and reuse techniques can help to 

9 sustainably and responsibly manage water in the 

10 United States; 

11 (7) reducing water diversions from rivers and 

12 lakes is important to sustain— 

13 (A) native fish and wildlife; and 

14 (B) the communities and Native American 

15 Tribes that depend on a healthy environment; 

16 (8) a sustainable water supply relies on— 

17 (A) environmentally sound water storage 

18 projects; 

19 (B) protection of clean water programs; 

20 (C) financing for new technologies; 

21 (D) developments and funding for water 

22 recycling and reuse projects; 

23 (E) improvements to wastewater systems 

24 and flood management; 


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1 (F) increased conservation programs and 

2 water efficiency; and 

3 (G) instream flows of adequate quality and 

4 quantity that protect native fish and wildlife 

5 and the environment; 

6 (9) the entire Western United States is facing 

7 projections of prolonged droughts that will leave 

8 Western States facing major water shortages and 

9 catastrophic wildfires; 

10 (10) recent periods of severe drought in the 

11 Western States have occurred with higher tempera12 tures and reduced snowpack; 

13 (11) the Colorado River has been under 

14 drought conditions since 2000; 

15 (12) the chances of a climate change-induced 

16 ‘‘megadrought’’ striking the Southwest and central 

17 Great Plains are on the rise; and 

18 (13) robust Federal investment and support is 

19 needed to assist the Western States in developing fu20 ture drought resiliency in the face of climate change, 

21 which will continue to exacerbate existing water sup22 ply challenges in an already arid region of the 

23 United States. 


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1 SEC. 102. RECLAMATION INFRASTRUCTURE FINANCE AND 

2 INNOVATION PROGRAM. 

3 (a) ESTABLISHMENT.—The Secretary shall establish 

4 and carry out a program under which the Secretary shall 

5 provide to eligible entities described in subsection (c) fi6 nancial assistance in accordance with this section to carry 

7 out eligible projects described in subsection (b). 

8 (b) ELIGIBLE PROJECTS AND ELIGIBLE PROJECT

9 COSTS.— 

10 (1) IN GENERAL.—A project eligible to receive 

11 assistance under the program under this section is 

12 a water supply project described in paragraph (2) 

13 that, as determined by the Secretary— 

14 (A) is located in— 

15 (i) the State of Alaska; 

16 (ii) the State of Hawaii; or 

17 (iii) a Reclamation State; 

18 (B) would contribute directly or indirectly 

19 (including through groundwater recharge) to a 

20 safe, adequate water supply for domestic, agri21 cultural, environmental, municipal, or industrial 

22 use; 

23 (C) complies with all applicable State and 

24 Federal laws; 

25 (D) would provide net ecosystem benefits 

26 in excess of required environmental mitigation 


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1 measures or compliance obligations pursuant to 

2 State and Federal law, as described in para3 graph (6); 

4 (E) uses natural infrastructure and na5 ture-based solutions where practicable; 

6 (F) is economically feasible; and 

7 (G) is otherwise eligible for assistance 

8 under this section. 

9 (2) WATER SUPPLY PROJECTS.—A water sup10 ply project referred to in paragraph (1) is— 

11 (A) a project for the reclamation and reuse 

12 of municipal, industrial, domestic, and agricul13 tural wastewater, and naturally impaired 

14 ground water, which the Secretary, acting 

15 through the Commissioner of Reclamation, is 

16 authorized to undertake; 

17 (B) any water infrastructure project not 

18 specifically authorized by law that— 

19 (i) the Secretary determines, through 

20 the completion of an appraisal investiga21 tion and feasibility study, would contribute 

22 to a safe, adequate water supply for do23 mestic, agricultural, environmental, munic24 ipal, or industrial use; and 


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1 (ii) is otherwise eligible for assistance 

2 under this section; 

3 (C) a new water infrastructure facility 

4 project, including a water conduit, pipeline, 

5 canal, pumping, power, and any associated fa6 cility; 

7 (D) a project for enhanced energy effi8 ciency in the operation of a water system; 

9 (E) a project for accelerated repair and re10 placement of all or a portion of an aging water 

11 distribution or conveyance facility; 

12 (F) a brackish desalination project; 

13 (G) a project for the acquisition of real 

14 property or an interest in real property for 

15 water storage, reclaimed or recycled water, or 

16 wastewater, if the acquisition is integral to a 

17 project described in subparagraphs (A) through 

18 (F); 

19 (H) a project to deliver water to wildlife 

20 refuges; 

21 (I) a stormwater capture project; or 

22 (J) a combination of projects, each of 

23 which is eligible under subparagraphs (A) 

24 through (I), for which an eligible entity submits 

25 a single application. 


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1 (3) ELIGIBLE PROJECT COSTS.—An eligible 

2 project cost that is eligible for assistance under this 

3 section— 

4 (A) shall be limited to a nonreimbursable 

5 cost for elements of a project that would 

6 achieve public benefits under the reclamation 

7 laws; and 

8 (B) includes the cost of— 

9 (i) development-phase activities, in10 cluding planning, feasibility analysis, rev11 enue forecasting, environmental review, 

12 permitting, transaction costs, preliminary 

13 engineering and design work, and other 

14 preconstruction activities; 

15 (ii) construction, reconstruction, reha16 bilitation, and replacement activities; 

17 (iii) the acquisition of real property 

18 (including water rights, land relating to 

19 the eligible project, and improvements to 

20 land), environmental mitigation, construc21 tion contingencies, and acquisition of 

22 equipment; 

23 (iv) capitalized interest necessary to 

24 meet market requirements, reasonably re25 quired reserve funds, capital issuance exVerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188

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1 penses, and other carrying costs during 

2 construction; 

3 (v) refinancing interim construction 

4 funding, long-term project obligations, or a 

5 secured loan, loan guarantee, or other 

6 credit enhancement made under this sec7 tion; 

8 (vi) refinancing long-term project obli9 gations or Federal credit instruments, if 

10 that refinancing provides additional fund11 ing capacity for the completion, enhance12 ment, or expansion of any eligible project 

13 selected for assistance under this section; 

14 (vii) reimbursement or success pay15 ments to any public or private entity that 

16 achieves predetermined outcomes on a pay17 for-performance or pay-for-success basis; 

18 and 

19 (viii) grants, loans, or credit enhance20 ment for community development financial 

21 institutions, green banks, and other finan22 cial intermediaries providing ongoing fi23 nance for eligible projects that meet the 

24 purposes of this section. 


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1 (4) SMALL COMMUNITY PROJECTS.—For 

2 projects eligible for assistance under this section and 

3 section 5028(a)(2)(B) of the Water Resources Re4 form and Development Act of 2014 (33 U.S.C. 

5 3907(a)(2)(B)), the Secretary may assist applicants 

6 in combining 1 or more projects into a single appli7 cation in order to meet the minimum project cost of 

8 $5,000,000 required under that section. 

9 (5) COST-SHARING REQUIREMENT; CERTAIN

10 USES.— 

11 (A) COST SHARING.—The Federal share of 

12 the eligible costs of a water supply project 

13 under this section shall be not more than 25 

14 percent. 

15 (B) CERTAIN USES.—A water supply 

16 project that receives assistance under this sec17 tion may use not more than 5 percent of 

18 amounts made available under this section to 

19 carry out activities to demonstrate progress to20 ward the goals of the water supply project. 

21 (6) DETERMINATION OF NET ECOSYSTEM BEN22 EFITS.— 

23 (A) DRAFT REPORT.— 

24 (i) IN GENERAL.—Using the best 

25 available scientific information and data, 


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1 the Director of the United States Fish and 

2 Wildlife Service shall prepare a draft re3 port that evaluates the ecosystem impacts 

4 and benefits of each proposed water supply 

5 project being considered for financial as6 sistance under this section. 

7 (ii) COORDINATION.—A draft report 

8 required under clause (i) shall be prepared 

9 in coordination with the head of the State 

10 agency with jurisdiction over the fish and 

11 wildlife resources of the State in which the 

12 water supply project is proposed to be car13 ried out. 

14 (iii) APPLICABLE LAW; REQUIRE15 MENTS.—A draft report prepared under 

16 clause (i) shall— 

17 (I) meet the requirements of sec18 tion 2(b) of the Fish and Wildlife Co19 ordination Act (16 U.S.C. 662(b)); 

20 (II) quantify and estimate the 

21 ecosystem benefits and adverse im22 pacts to native fish and wildlife from 

23 the proposed water supply project; 

24 and 


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1 (III) evaluate whether the eco2 system benefits of the proposed water 

3 supply project are likely to exceed the 

4 ecosystem impacts of the proposed 

5 water supply project. 

6 (iv) REVIEW; AVAILABILITY.—The Di7 rector of the United States Fish and Wild8 life Service shall ensure that a draft report 

9 prepared under clause (i) is— 

10 (I) reviewed by independent sci11 entists; and 

12 (II) made available for a public 

13 review and comment period of not less 

14 than 30 days. 

15 (B) FINAL REPORT.— 

16 (i) IN GENERAL.—The Director of the 

17 United States Fish and Wildlife Service 

18 shall prepare a final report based on the 

19 applicable draft report prepared under sub20 paragraph (A)(i), after considering the re21 sults of the independent scientific peer re22 view and public comment processes under 

23 subparagraph (A)(iv). 


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1 (ii) TRANSMISSION; AVAILABILITY.—A 

2 final report prepared under clause (i) shall 

3 be— 

4 (I) transmitted to— 

5 (aa) the project applicant; 

6 (bb) the relevant State agen7 cy; and 

8 (cc) the relevant committees 

9 of Congress; and 

10 (II) made available to the public. 

11 (iii) DETERMINATION.—If a final re12 port prepared under clause (i) determines 

13 that the water supply project provides net 

14 ecosystem benefits, the proposed water 

15 supply project shall be eligible for financial 

16 assistance under this section. 

17 (iv) RECOMMENDATIONS.—If a final 

18 report determines that the proposed water 

19 supply project fails to provide a net eco20 system improvement, the final report may 

21 identify potential recommendations to re22 duce adverse environmental impacts and 

23 improve environmental benefits of the pro24 posed water supply project. 


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1 (v) FINAL AGENCY ACTION.—A final 

2 report prepared under clause (i) shall be 

3 considered to be a final agency action for 

4 purposes of section 704 of title 5, United 

5 States Code. 

6 (vi) JUDICIAL REVIEW.—A final re7 port prepared under clause (i) shall be sub8 ject to review in the Federal district court 

9 of the State in which the project is pro10 posed to be constructed if a petition for re11 view is filed with the court not later than 

12 180 days after the date on which the final 

13 report is transmitted under clause (ii). 

14 (c) ELIGIBLE ENTITIES.—The following entities are 

15 eligible to receive assistance under this section: 

16 (1) An entity described in section 5025 of the 

17 Water Resources Reform and Development Act of 

18 2014 (33 U.S.C. 3904). 

19 (2) A conservancy district, Reclamation district, 

20 or irrigation district. 

21 (3) A canal company or mutual water company. 

22 (4) A water users’ association. 

23 (5) An agency established by an interstate com24 pact. 


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1 (6) Any other individual or entity that has the 

2 capacity to contract with the United States under 

3 the reclamation laws. 

4 (d) REQUIREMENTS.— 

5 (1) PROJECT SELECTION.—In selecting eligible 

6 projects to receive assistance under the program 

7 under this section, the Secretary shall ensure diver8 sity with respect to— 

9 (A) project type; and 

10 (B) geographical location within the States 

11 referred to in subsection (b)(1)(A). 

12 (2) PRIORITY.—In selecting eligible projects to 

13 receive assistance under this section, the Secretary 

14 shall prioritize projects that— 

15 (A) would benefit— 

16 (i) low-income communities; or 

17 (ii)(I) communities particularly at risk 

18 to the impacts of climate change; and 

19 (II) environmentally at-risk commu20 nities; 

21 (B) to the maximum extent practicable, in22 corporate green and natural infrastructure com23 ponents; and 

24 (C) achieve multiple public benefits. 


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1 (3) IMPORTATION OF OTHER REQUIREMENTS.— 

2 The following provisions of law shall apply to the 

3 program under this section: 

4 (A) Sections 5022, 5024, 5027, 5028, 

5 5029, 5030, 5031, 5032, and 5034(a) of the 

6 Water Resources Reform and Development Act 

7 of 2014 (33 U.S.C. 3901, 3903, 3906, 3907, 

8 3908, 3909, 3910, 3911, and 3913(a)), except 

9 that— 

10 (i) any reference contained in those 

11 sections to the Secretary of the Army shall 

12 be considered to be a reference to the Sec13 retary; 

14 (ii) any reference contained in those 

15 sections to an eligible project shall be con16 sidered to be a reference to an eligible 

17 project described in subsection (b); 

18 (iii) paragraphs (1)(E) and (6)(B) of 

19 subsection (a), and subsection (b)(3), of 

20 section 5028 of that Act (33 U.S.C. 3907) 

21 shall not apply with respect to this section; 

22 and 

23 (iv) subsections (e) and (f) of section 

24 5030 of that Act (33 U.S.C. 3909) shall 

25 not apply with respect to this section. 


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1 (B) The agreement between the Adminis2 trator of the Environmental Protection Agency 

3 and the Commissioner of Reclamation required 

4 under section 4301 of the America’s Water In5 frastructure Act of 2018 (Public Law 115– 

6 270). 

7 (C) Other applicable environmental laws, 

8 including the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.). 

10 (e) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—There is authorized to be 

12 appropriated to the Secretary to carry out the pro13 gram under this section $150,000,000 for each of 

14 fiscal years 2021 through 2025, to remain available 

15 until expended. 

16 (2) ADMINISTRATIVE COSTS.—Of the funds 

17 made available under paragraph (1), the Secretary 

18 may use for administrative costs of carrying out the 

19 program under this section (including for the provi20 sion of technical assistance to project sponsors pur21 suant to paragraph (3), to obtain any necessary ap22 proval, and for transfer to the Administrator of the 

23 Environmental Protection Agency to provide assist24 ance in administering and servicing Federal credit 


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1 instruments under the program) not more than 

2 $5,000,000 for each applicable fiscal year. 

3 (3) SMALL COMMUNITY PROJECTS.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), the Commissioner may use the 

6 funds made available under paragraph (2) to 

7 provide assistance, including assistance to pay 

8 the costs of acquiring the rating opinion letters 

9 under paragraph (1)(D) of section 5028(a) of 

10 the Water Resources Reform and Development 

11 Act of 2014 (33 U.S.C. 3907(a)), to assist 

12 project sponsors in obtaining the necessary ap13 provals for small community projects that are 

14 eligible for assistance under paragraph (2)(B) 

15 of that section or subsection (b)(3). 

16 (B) LIMITATION.—Assistance provided to 

17 a project sponsor under subparagraph (A) may 

18 not exceed an amount equal to 75 percent of 

19 the total administrative costs incurred by the 

20 project sponsor in securing financial assistance 

21 under this section. 

22 (f) LIMITATION.—No eligible project that receives as23 sistance under this section may be financed (directly or 

24 indirectly), in whole or in part, with proceeds of any obli25 gation the interest on which is exempt from the tax imVerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188

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1 posed under chapter 1 of the Internal Revenue Code of 

2 1986. 

3 (g) EFFECT.—Nothing in this section affects the au4 thority of a State or a political subdivision of a State to 

5 apply and enforce any environmental laws (including regu6 lations) with respect to an eligible project provided assist7 ance under this section. 

8 SEC. 103. ASSISTANCE FOR DISADVANTAGED COMMU9 NITIES WITHOUT ADEQUATE DRINKING 

10 WATER. 

11 (a) IN GENERAL.—The Secretary shall provide 

12 grants within the Reclamation States to assist eligible ap13 plicants in planning, designing, or carrying out projects 

14 to help disadvantaged communities— 

15 (1) meet the primary drinking water standards 

16 set by the Federal Safe Drinking Water Act (42 

17 U.S.C. 300f et seq.); or 

18 (2) address a significant decline in the quantity 

19 or quality of drinking water. 

20 (b) ELIGIBLE APPLICANTS.—To be eligible to receive 

21 a grant under this section, an applicant shall submit an 

22 application to the Secretary that includes a proposal of 

23 the project or activity in subsection (c) to be planned, de24 signed, constructed, or implemented, the service area of 

25 which— 


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1 (1) shall not be located in any city or town with 

2 a population of more than 60,000 residents; and 

3 (2) has a median household income of less than 

4 100 percent of the nonmetropolitan median house5 hold income of the State. 

6 (c) ELIGIBLE PROJECTS.—Projects eligible for 

7 grants under this program may be used for— 

8 (1) emergency water supplies; 

9 (2) point-of-use treatment and point-of-entry 

10 systems; 

11 (3) distributed treatment facilities; 

12 (4) construction of new wells and connections to 

13 existing water source systems; 

14 (5) water distribution facilities; 

15 (6) connection fees to existing systems; 

16 (7) assistance to households to connect to water 

17 facilities; 

18 (8) local resource sharing, including voluntary 

19 agreements between water systems to jointly con20 tract for services or equipment, or to study or imple21 ment the physical consolidation of 2 or more water 

22 systems; 

23 (9) technical assistance, planning, and design 

24 for any of the activities described in paragraphs (1) 

25 through (8); or 


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1 (10) any combination of activities described in 

2 paragraphs (1) through (9). 

3 (d) PRIORITIZATION.—In determining priorities for 

4 funding projects, the Secretary shall take into consider5 ation— 

6 (1) where water outages or the failure to meet 

7 drinking water standards— 

8 (A) are most serious; and 

9 (B) pose the greatest threat to public 

10 health and safety; 

11 (2) the degree to which the project provides a 

12 long-term solution to the water needs of the commu13 nity; and 

14 (3) whether the applicant has the ability to 

15 qualify for alternative funding sources. 

16 (e) MAXIMUM AMOUNT.—The amount of a grant pro17 vided under this section may be up to 100 percent of costs, 

18 including— 

19 (1) initial operation costs incurred for startup 

20 and testing of project facilities; 

21 (2) costs of components to ensure such facilities 

22 and components are properly operational; and 

23 (3) costs of operation or maintenance incurred 

24 subsequent to placing the facilities or components 

25 into service. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $100,000,000, to remain available until expended. 

4 (g) COORDINATION REQUIRED.—In carrying out this 

5 section, the Secretary shall consult with the Secretary of 

6 Agriculture and the Administrator of the Environmental 

7 Protection Agency to identify opportunities to improve the 

8 efficiency, effectiveness, and impact of grants provided 

9 under this section and under comparable programs that 

10 address water and wastewater supply, quality, and treat11 ment needs in disadvantaged communities. 

12 SEC. 104. COMPETITIVE GRANT PROGRAM FOR THE FUND13 ING OF WATER RECYCLING AND REUSE 

14 PROJECTS. 

15 (a) COMPETITIVE GRANT PROGRAM FOR THE FUND16 ING OF WATER RECYCLING AND REUSE PROJECTS.—Sec17 tion 1602(f) of the Reclamation Wastewater and Ground18 water Study and Facilities Act (43 U.S.C. 390h(f)) is 

19 amended by striking paragraphs (2) and (3) and inserting 

20 the following: 

21 ‘‘(2) PRIORITY.—In providing grants under 

22 paragraph (1), the Secretary shall give priority to 

23 projects that— 


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1 ‘‘(A) are likely to provide a more-reliable 

2 water supply for a unit of State, local, or Tribal 

3 government; 

4 ‘‘(B) are likely to increase the water man5 agement flexibility and reduce impacts on envi6 ronmental resources; 

7 ‘‘(C) are regional in nature; 

8 ‘‘(D) involve multiple stakeholders; 

9 ‘‘(E) provide multiple benefits, including 

10 water supply reliability, ecosystem benefits, 

11 groundwater management and enhancements, 

12 and water quality improvements; 

13 ‘‘(F) would benefit low-income commu14 nities; or 

15 ‘‘(G) would protect communities particu16 larly at risk to climate change and environ17 mental degradation.’’. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 1602(g) of the Reclamation Wastewater and Groundwater 

20 Study and Facilities Act (43 U.S.C. 390h(g)) is amend21 ed— 

22 (1) in paragraph (1), by striking 

23 ‘‘$50,000,000’’ and inserting ‘‘$500,000,000’’; and 


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1 (2) in paragraph (2), by striking ‘‘if enacted 

2 appropriations legislation designates funding to 

3 them by name,’’. 

4 (c) LIMITATION ON FUNDING.—Section 1631(d)(1) 

5 of the Reclamation Wastewater and Groundwater Study 

6 and Facilities Act (43 U.S.C. 390h–13(d)(1)) is amended 

7 by striking ‘‘$20,000,000 (October 1996 prices)’’ and in8 serting ‘‘$30,000,000 (January 2019 prices)’’. 

9 SEC. 105. INCREASED FUNDING FOR WATER MANAGEMENT 

10 IMPROVEMENT. 

11 Section 9504(e) of the Omnibus Public Land Man12 agement Act of 2009 (42 U.S.C. 10364(e)) is amended 

13 by striking ‘‘$530,000,000’’ and inserting ‘‘$700,000,000 

14 for fiscal year 2021 and each fiscal year thereafter’’. 

15 SEC. 106. RURAL WATER SUPPLY PROGRAM REAUTHORIZA16 TION. 

17 (a) AUTHORIZATION OF APPROPRIATION.—Section 

18 109(a) of the Rural Water Supply Act of 2006 (43 U.S.C. 

19 2408(a)) is amended by striking ‘‘$15,000,000 for each 

20 of fiscal years 2007 through 2016’’ and inserting 

21 ‘‘$50,000,000 for each of fiscal years 2021 through 

22 2026’’. 

23 (b) TERMINATION OF AUTHORITY.—Section 110 of 

24 the Rural Water Supply Act of 2006 (43 U.S.C. 2409) 

25 is amended by striking ‘‘2016’’ and inserting ‘‘2026’’. 


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1 TITLE II—ECOSYSTEM PROTEC2 TION AND RESTORATION 

3 SEC. 201. COMPETITIVE GRANT PROGRAM FOR THE FUND4 ING OF WATERSHED HEALTH PROJECTS. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this Act and in accordance with this 

7 section, the Secretary, in consultation with the heads of 

8 relevant agencies, shall establish a competitive grant pro9 gram to award grants to an eligible entity for habitat res10 toration projects that improve watershed health in a Rec11 lamation State and accomplish 1 or more of the following 

12 benefits: 

13 (1) Ecosystem benefits. 

14 (2) Restoration of native species beyond exist15 ing or planned measures necessary to meet State or 

16 Federal laws for species recovery. 

17 (3) Protection against invasive species. 

18 (4) Restoration of aspects of the natural eco19 system. 

20 (5) Enhancement of commercial and rec21 reational fishing. 

22 (6) Enhancement of river-based recreation such 

23 as kayaking, canoeing, and rafting. 

24 (7) Mitigate against the impacts of climate 

25 change to fish and wildlife habitats. 


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1 (b) REQUIREMENTS.— 

2 (1) IN GENERAL.—In awarding a grant under 

3 subsection (a), the Secretary— 

4 (A) shall give priority to a project that 

5 achieves more than 1 of the benefits listed in 

6 subsection (a); and 

7 (B) may not provide a grant for a project 

8 that is for the purpose of meeting existing envi9 ronmental mitigation or compliance obligations 

10 under State or Federal law. 

11 (2) COMPLIANCE.—A project awarded a grant 

12 under subsection (a) shall comply with all applicable 

13 Federal and State laws. 

14 (c) DEFINITION OF ELIGIBLE ENTITY.—In this sec15 tion, the term ‘‘eligible entity’’ means a State, Indian 

16 Tribe, nonprofit conservation organization operating in a 

17 Reclamation State, irrigation district, water district, or 

18 other organization with water or power delivery authority. 

19 (d) PUBLIC PARTICIPATION.—Before the establish20 ment of the program under subsection (a), the Secretary 

21 shall— 

22 (1) provide notice of and, for a period of not 

23 less than 90 days, an opportunity for public com24 ment on, any draft or proposed version of the proVerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188

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1 gram requirements in accordance with this section; 

2 and 

3 (2) consider public comments received in devel4 oping the final program requirements. 

5 (e) REPORT.—Not later than October 1, 2022, and 

6 every 2 years thereafter, the Secretary shall submit to 

7 Congress a report summarizing the environmental per8 formance of activities that are receiving, or have received, 

9 assistance under the program authorized by this section. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $150,000,000 for each fiscal year through fiscal year 

13 2026, to remain available until expended. 

14 SEC. 202. COOPERATIVE WATERSHED MANAGEMENT PRO15 GRAM. 

16 (a) DEFINITIONS.—Section 6001 of the Omnibus 

17 Public Land Management Act of 2009 (16 U.S.C. 1015) 

18 is amended— 

19 (1) by redesignating paragraphs (2) through 

20 (6) as paragraphs (3) through (7), respectively; 

21 (2) by inserting after paragraph (1) the fol22 lowing: 

23 ‘‘(2) DISADVANTAGED COMMUNITY.—The term 

24 ‘disadvantaged community’ means a community (in25 cluding a city, town, county, or reasonably isolated 


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1 and divisible segment of a larger municipality) with 

2 an annual median household income that is less than 

3 100 percent of the statewide annual median house4 hold income for the State in which the community 

5 is located, according to the most recent decennial 

6 census.’’; 

7 (3) in paragraph (6)(B)(i) (as so redesig8 nated)— 

9 (A) in subclause (VIII), by striking ‘‘and’’ 

10 at the end; 

11 (B) in subclause (IX), by adding ‘‘and’’ 

12 after the semicolon at the end; and 

13 (C) by adding at the end the following: 

14 ‘‘(X) disadvantaged commu15 nities;’’; and 

16 (4) in paragraph (7) (as so redesignated)— 

17 (A) in subparagraph (D), by striking ‘‘or’’ 

18 at the end; 

19 (B) by redesignating subparagraph (E) as 

20 subparagraph (F); and 

21 (C) by inserting after subparagraph (D) 

22 the following: 

23 ‘‘(E) generates environmental benefits, 

24 such as benefits to fisheries, wildlife and habi25 tat, and water quality and water-dependent ecoVerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188

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1 logical systems, and water supply benefits for 

2 agricultural or urban water users; or’’. 

3 (b) APPLICATION.—Section 6002 of the Omnibus 

4 Public Lands Management Act (16 U.S.C. 1015a) is 

5 amended— 

6 (1) by striking subsection (b) and inserting the 

7 following: 

8 ‘‘(b) ESTABLISHMENT OF APPLICATION PROCESS; 

9 CRITERIA.—Not later than March 30, 2021, the Secretary 

10 shall update— 

11 ‘‘(1) the application process for the program; 

12 and 

13 ‘‘(2) in consultation with the States, the 

14 prioritization and eligibility criteria for considering 

15 applications submitted in accordance with the appli16 cation process.’’; and 

17 (2) by striking subsection (g) and inserting the 

18 following: 

19 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to carry out this sec21 tion— 

22 ‘‘(1) $20,000,000 for each of fiscal years 2012 

23 through 2020; and 

24 ‘‘(2) $40,000,000 for each of fiscal years 2021 

25 through 2025.’’. 


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1 SEC. 203. SUPPORT FOR REFUGE WATER DELIVERIES. 

2 (a) REPORT ON HISTORIC REFUGE WATER DELIV3 ERIES.—Not later than 90 days after the date of enact4 ment of this Act, the Secretary shall submit to the relevant 

5 committees of Congress and make publicly available a re6 port that describes the following: 

7 (1) Compliance with section 3406(d)(1) and 

8 section 3406(d)(2) of the Central Valley Project Im9 provement Act (title XXXIV of Public Law 102– 

10 575) in each of years 1992 through 2018, including 

11 an indication of the amount of water identified as 

12 the Level 2 amount and incremental Level 4 amount 

13 for each wetland area. 

14 (2) The difference between the mandated quan15 tity of water to be delivered to each wetland habitat 

16 area described in section 3406(d)(2) and the actual 

17 quantity of water delivered since October 30, 1992, 

18 including a listing of every year in which the full de19 livery of water to wetland habitat areas was achieved 

20 in accordance with level 4 of the ‘‘Dependable Water 

21 Supply Needs’’ table, described in section 

22 3406(d)(2) of the Central Valley Project Improve23 ment Act (title XXXIV of Public Law 102–575). 

24 (3) Which of the authorities granted to the Sec25 retary under Public Law 102–575 to achieve the full 

26 level 4 deliveries of water to wetland habitat areas 


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1 was employed in achieving the increment of water 

2 delivery above the Level 2 amount for each wetland 

3 habitat area, including whether water conservation, 

4 conjunctive use, water purchases, water leases, dona5 tions, water banking, or other authorized activities 

6 have been used and the extent to which such au7 thorities have been used. 

8 (4) An assessment of the degree to which the 

9 elimination of water transaction fees for the dona10 tion of water rights to wildlife refuges would help 

11 advance the goals of the Central Valley Project Im12 provement Act (title XXXIV of Public Law 102– 

13 575). 

14 (b) PRIORITY CONSTRUCTION LIST.—The Secretary 

15 shall establish, through a public process and in consulta16 tion with the Interagency Refuge Water Management 

17 Team, a priority list for the completion of the conveyance 

18 construction projects at the wildlife habitat areas de19 scribed in section 3406(d)(2) of the Central Valley Project 

20 Improvement Act (title XXXIV of Public Law 102–575), 

21 including the Mendota Wildlife Area, Pixley National 

22 Wildlife Refuge and Sutter National Wildlife Refuge. 

23 (c) ECOLOGICAL MONITORING AND EVALUATION

24 PROGRAM.—Not later than 1 year after the date of enact25 ment of this Act, the Secretary, acting through the DirecVerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188

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1 tor of the United States Fish and Wildlife Service, shall 

2 design and implement an ecological monitoring and eval3 uation program, for all Central Valley wildlife refuges, 

4 that produces an annual report based on existing and 

5 newly collected information, including— 

6 (1) the United States Fish and Wildlife Service 

7 Animal Health Lab disease reports; 

8 (2) mid-winter waterfowl inventories; 

9 (3) nesting and brood surveys; 

10 (4) additional data collected regularly by the 

11 refuges, such as herptile distribution and abundance; 

12 (5) a new coordinated systemwide monitoring 

13 effort for at least 1 key migrant species and 2 resi14 dent species listed as threatened and endangered 

15 pursuant to the Endangered Species Act of 1973 

16 (16 U.S.C. 1531 et seq.) (including one warm-blood17 ed and one cold-blooded), that identifies population 

18 numbers and survival rates for the 3 previous years; 

19 and 

20 (6) an estimate of the bioenergetic food produc21 tion benefits to migrant waterfowl, consistent with 

22 the methodology used by the Central Valley Joint 

23 Venture, to compliment and inform the Central Val24 ley Joint Venture implementation plan. 


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1 (d) ADEQUATE STAFFING FOR REFUGE WATER DE2 LIVERY OBJECTIVES.—The Secretary shall ensure that 

3 adequate staffing is provided to advance the refuge water 

4 supply delivery objectives under the Central Valley Project 

5 Improvement Act (title XXXIV of Public Law 102–575). 

6 (e) FUNDING.—There is authorized to be appro7 priated $25,000,000 to carry out subsections (a) through 

8 (d), which shall remain available until expended. 

9 (f) EFFECT ON OTHER FUNDS.—Amounts author10 ized under this section shall be in addition to amounts col11 lected or appropriated under the Central Valley Project 

12 Improvement Act (title XXXIV of Public Law 102–575). 

13 SEC. 204. DROUGHT PLANNING AND PREPAREDNESS FOR 

14 CRITICALLY IMPORTANT FISHERIES. 

15 (a) DEFINITIONS.—In this section: 

16 (1) CRITICALLY IMPORTANT FISHERIES.—The 

17 term ‘‘critically important fisheries’’ means— 

18 (A) commercially and recreationally impor19 tant fisheries located within the Reclamation 

20 States; 

21 (B) fisheries containing fish species that 

22 are listed as threatened or endangered pursuant 

23 to the Endangered Species Act of 1973 (16 

24 U.S.C. 1531 et seq.) within the Reclamation 

25 States; or 


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1 (C) fisheries used by Indian Tribes within 

2 the Reclamation States for ceremonial, subsist3 ence, or commercial purposes. 

4 (2) QUALIFIED TRIBAL GOVERNMENT.—The 

5 term ‘‘qualified Tribal Government’’ means any gov6 ernment of an Indian Tribe that the Secretary deter7 mines— 

8 (A) is involved in fishery management and 

9 recovery activities including under the Endan10 gered Species Act of 1973 (16 U.S.C. 1531 et 

11 seq.); or 

12 (B) has the management and organiza13 tional capability to maximize the benefits of as14 sistance provided under this section. 

15 (b) DROUGHT PLAN FOR CRITICALLY IMPORTANT

16 FISHERIES.—Not later than January 1, 2021, and every 

17 3 years thereafter, the Secretary, acting through the Di18 rector of the United States Fish and Wildlife Service shall, 

19 in consultation with the National Marine Fisheries Serv20 ice, the Bureau of Reclamation, the Army Corps of Engi21 neers, State fish and wildlife agencies, and affected Indian 

22 Tribes, prepare a plan to sustain the survival of critically 

23 important fisheries within the Reclamation States during 

24 future periods of extended drought. The plan shall focus 

25 on actions that can aid the survival of critically important 


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1 fisheries during the driest years. In preparing such plan, 

2 the Director shall consider— 

3 (1) habitat restoration efforts designed to pro4 vide drought refugia and increased fisheries resil5 ience during droughts; 

6 (2) relocating the release location and timing of 

7 hatchery fish to avoid predation and temperature 

8 impacts; 

9 (3) barging of hatchery release fish to improve 

10 survival and reduce straying; 

11 (4) coordination with water users, the Bureau 

12 of Reclamation, State fish and wildlife agencies, and 

13 interested public water agencies regarding voluntary 

14 water transfers, including through groundwater sub15 stitution activities, to determine if water releases can 

16 be collaboratively managed in a way that provides 

17 additional benefits for critically important fisheries 

18 without negatively impacting wildlife habitat; 

19 (5) hatchery management modifications, such 

20 as expanding hatchery production of fish during the 

21 driest years, if appropriate for a particular river 

22 basin; 

23 (6) hatchery retrofit projects, such as the in24 stallation and operation of filtration equipment and 

25 chillers, to reduce disease outbreaks, egg mortality 


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1 and other impacts of droughts and high water tem2 peratures; 

3 (7) increasing rescue operations of upstream 

4 migrating fish; 

5 (8) improving temperature modeling and related 

6 forecasted information to predict water management 

7 impacts to the habitat of critically important fish8 eries with a higher degree of accuracy than current 

9 models; 

10 (9) testing the potential for parentage-based 

11 tagging and other genetic testing technologies to im12 prove the management of hatcheries; 

13 (10) programs to reduce predation losses at ar14 tificially created predation hot spots; and 

15 (11) retrofitting existing water facilities to pro16 vide improved temperature conditions for fish. 

17 (c) PUBLIC COMMENT.—The Director of the United 

18 States Fish and Wildlife Service shall provide for a public 

19 comment period of not less than 90 days before finalizing 

20 a plan under subsection (a). 

21 (d) AUTHORIZATION OF APPROPRIATIONS FOR FISH

22 RECOVERY EFFORTS.—There is authorized to be appro23 priated $25,000,000 for the United States Fish and Wild24 life Service for fiscal year 2021 for fish, stream, and 

25 hatchery activities related to fish recovery efforts, includVerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188

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1 ing work with the National Marine Fisheries Service, the 

2 Bureau of Reclamation, the Army Corps of Engineers, 

3 State fish and wildlife agencies, or a qualified Tribal Gov4 ernment. 

5 (e) EFFECT.—Nothing in this section is intended to 

6 expand, diminish, or affect any obligation under Federal 

7 or State environmental law. 

8 SEC. 205. AQUATIC ECOSYSTEM RESTORATION. 

9 (a) GENERAL AUTHORITY.—Subject to the require10 ments of this section, on request of any eligible entity the 

11 Secretary may negotiate and enter into an agreement on 

12 behalf of the United States to fund the design, study, and 

13 construction of an aquatic ecosystem restoration and pro14 tection project if the Secretary determines that the project 

15 is likely to improve the quality of the environment in a 

16 Reclamation State by improving fish passage through the 

17 removal or bypass of barriers to fish passage. 

18 (b) REQUIREMENTS.—Construction of a project 

19 under this section shall be a voluntary project initiated 

20 only after— 

21 (1) an eligible entity has entered into an agree22 ment with the Secretary to pay no less than 35 per23 cent of the costs of project construction; and 

24 (2) the Secretary determines the proposed 

25 project— 


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1 (A) will not result in an unmitigated ad2 verse impact on fulfillment of existing water de3 livery obligations consistent with historical oper4 ations and applicable contracts; 

5 (B) will not result in an unmitigated ad6 verse effect on the environment; 

7 (C) is consistent with the responsibilities of 

8 the Secretary— 

9 (i) in the role as trustee for federally 

10 recognized Indian Tribes; and 

11 (ii) to ensure compliance with any ap12 plicable international and Tribal treaties 

13 and agreements and interstate compacts 

14 and agreements; 

15 (D) is in the financial interest of the 

16 United States based on a determination that 

17 the project advances Federal objectives includ18 ing environmental enhancement objectives in a 

19 Reclamation State; and 

20 (E) protects the public aspects of the eligi21 ble facility, including water rights managed for 

22 public purposes, such as flood control or fish 

23 and wildlife. 

24 (c) ENVIRONMENTAL LAWS.—In participating in a 

25 project under this section, the Secretary shall comply with 


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1 all applicable Federal environmental laws, including the 

2 National Environmental Policy Act of 1969 (42 U.S.C. 

3 4321 et seq.), and all State environmental laws of the Rec4 lamation State in which the project is located involving 

5 the construction, expansion or operation of a water stor6 age project or fish and wildlife protection, provided that 

7 no law or regulation of a State or political subdivision of 

8 a State relieve the Secretary of any Federal requirement 

9 otherwise applicable under this section. 

10 (d) FUNDING.—There is authorized to be appro11 priated to carry out this section $25,000,000 for each fis12 cal year through fiscal year 2026, to remain available until 

13 expended. 

14 (e) DEFINITION OF ELIGIBLE ENTITY.—In this sec15 tion, the term ‘‘eligible entity’’ means any Reclamation 

16 State, any department, agency, or subdivision of a Rec17 lamation State, any public agency organized pursuant to 

18 the laws of a Reclamation State, an Indian Tribe, or a 

19 nonprofit organization operating in a Reclamation State. 

20 (f) PRIORITY FOR PROJECTS PROVIDING PUBLIC

21 SAFETY AND REGIONAL BENEFITS.—When funding 

22 projects under this section, the Secretary shall prioritize 

23 projects that— 

24 (1) are likely to provide public safety benefits; 

25 and 


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1 (2) are regional in nature, including projects 

2 that span two or more river basins. 

3 TITLE III—IMPROVED 

4 TECHNOLOGY AND DATA 

5 SEC. 301. DETERMINATION OF WATER SUPPLY ALLOCA6 TIONS. 

7 (a) SNOWPACK MEASUREMENT DATA.—When deter8 mining water supply allocations, the Secretary, acting 

9 through the Commissioner of the Bureau of Reclamation, 

10 shall incorporate to the greatest extent practicable infor11 mation from emerging technologies for snowpack measure12 ment such as— 

13 (1) synthetic aperture radar; 

14 (2) laser altimetry; or 

15 (3) any other emerging technologies that can 

16 provide more accurate or timely snowpack measure17 ment data as determined by the Secretary. 

18 (b) COORDINATION.—In carrying out subsection (a), 

19 the Secretary may coordinate data use and collection ef20 forts with other Federal agencies and bureaus that cur21 rently use or may benefit from the use of emerging tech22 nologies for snowpack measurement. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Secretary $5,000,000 

25 to carry out this section. 


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1 (d) REPORT.—Not later than October 1, 2022, the 

2 Secretary shall submit to Congress a report summarizing 

3 the use of emerging technologies pursuant to this section 

4 and describe any benefits derived from the use of such 

5 technologies related to the environment and increased 

6 water supply reliability. 

7 SEC. 302. STUDY EXAMINING CLIMATE VULNERABILITIES 

8 AT FEDERAL DAMS. 

9 (a) IN GENERAL.—Not later than 2 years after the 

10 date of enactment of this Act, the Secretary shall make 

11 appropriate arrangements with the National Academies of 

12 Sciences, Engineering, and Medicine (referred to in this 

13 section as the ‘‘National Academies’’) under which the Na14 tional Academies shall conduct an independent study to— 

15 (1) examine the projected impact of climate 

16 change on the safety of Bureau of Reclamation 

17 dams; and 

18 (2) evaluate and list the Bureau of Reclamation 

19 dams that are most vulnerable to climate change re20 lated safety risks based on an assessment of climate 

21 change related impacts on— 

22 (A) the frequency of heavy precipitation 

23 events; and 

24 (B) other factors that influence the mag25 nitude and severity of flooding events including 


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1 snow cover and snowmelt, vegetation, and soil 

2 moisture. 

3 (b) REPORT.—In entering into an arrangement under 

4 subsection (a), the Secretary shall request that the Na5 tional Academies— 

6 (1) transmit to the Secretary and to the rel7 evant committees of Congress a report not later 

8 than 24 months after the date of enactment of this 

9 Act that includes the results of the study; and 

10 (2) consider any previous studies or evaluations 

11 conducted or completed by the Bureau of Reclama12 tion or local water agencies on climate change im13 pacts to dams, facilities, and watersheds as a ref14 erence and source of information during the develop15 ment of the independent study. 

Æ 


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