II 

116TH CONGRESS 

2D SESSION S. 4189 

To provide for drought preparedness and improved water supply reliability. 

IN THE SENATE OF THE UNITED STATES 

JULY 2, 2020 

Mr. WYDEN (for himself and Mr. MERKLEY) 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. 

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 Conservation and Farming Act’’. 

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—INFRASTRUCTURE DEVELOPMENT 

Sec. 101. Technical amendment to the Water Desalination Act of 1996. 

Sec. 102. Bureau of Reclamation Infrastructure Fund. 


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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 and expansion 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. Aquatic connectivity restoration. 

Sec. 207. Reauthorization of the Fisheries Restoration and Irrigation Mitigation Act of 2000. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) FUND.—The term ‘‘Fund’’ means the Bu4 reau of Reclamation Infrastructure Fund established 

5 by section 102(a). 

6 (2) RECLAMATION STATE.—The term ‘‘Rec7 lamation State’’ has the meaning given the term in 

8 section 4014 of the Water Infrastructure Improve9 ments for the Nation Act (43 U.S.C. 390b note; 

10 Public Law 114–322). 

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

12 the Secretary of the Interior. 

13 TITLE I—INFRASTRUCTURE 

14 DEVELOPMENT 

15 SEC. 101. TECHNICAL AMENDMENT TO THE WATER DESALI16 NATION ACT OF 1996. 

17 Section 4(a) of the Water Desalination Act of 1996 

18 (42 U.S.C. 10301 note; Public Law 104–298) is amended 


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1 by redesignating the second paragraph (1) (relating to eli2 gible desalination projects) as paragraph (2). 

3 SEC. 102. BUREAU OF RECLAMATION INFRASTRUCTURE 

4 FUND. 

5 (a) ESTABLISHMENT.—There is established in the 

6 Treasury of the United States a fund, to be known as the 

7 ‘‘Bureau of Reclamation Infrastructure Fund’’, consisting 

8 of— 

9 (1) such amounts as are deposited in the Fund 

10 under subsection (b)(1); and 

11 (2) any interest earned on investment of 

12 amounts in the Fund under subsection (c)(1)(B). 

13 (b) DEPOSITS TO FUND.— 

14 (1) IN GENERAL.—For each of fiscal years 

15 2031 through 2061, the Secretary of the Treasury 

16 shall deposit in the Fund $300,000,000 of the reve17 nues that would otherwise be deposited for the fiscal 

18 year in the reclamation fund established by the first 

19 section of the Act of June 17, 1902 (32 Stat. 388, 

20 chapter 1093), of which— 

21 (A) $100,000,000 shall be expended by the 

22 Secretary for water reclamation and reuse 

23 projects authorized under— 


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1 (i) the Reclamation Wastewater and 

2 Groundwater Study and Facilities Act (43 

3 U.S.C. 390h et seq.); or 

4 (ii) section 4(a)(2) of the Water De5 salination Act of 1996 (42 U.S.C. 10301 

6 note; Public Law 104–298); 

7 (B) $100,000,000 shall be expended by the 

8 Secretary for grants authorized under section 

9 9504 of the Omnibus Public Land Management 

10 Act of 2009 (42 U.S.C. 10364); and 

11 (C) $100,000,000 shall be expended by the 

12 Secretary to perform modifications to preserve 

13 the structural safety of Bureau of Reclamation 

14 dams and related facilities to ensure that Bu15 reau of Reclamation facilities do not present 

16 unreasonable risks to public safety, property, or 

17 the environment, if the expenditures— 

18 (i) account for not more than 85 per19 cent of the total costs for any dam safety 

20 project; and 

21 (ii) are made in accordance with sec22 tion 3 of the Reclamation Safety of Dams 

23 Act of 1978 (43 U.S.C. 507). 

24 (2) AVAILABILITY OF AMOUNTS.—Amounts de25 posited in the Fund under paragraph (1) shall— 


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1 (A) be made available in accordance with 

2 this section, without further appropriation; and 

3 (B) be in addition to amounts appropriated 

4 for the purposes described in this section under 

5 any other provision of law. 

6 (c) EXPENDITURES FROM FUND.— 

7 (1) IN GENERAL.—Subject to paragraph (2), 

8 for each of fiscal years 2031 through 2061, the Sec9 retary may expend from the Fund, in accordance 

10 with this section, not more than an amount equal to 

11 the sum of— 

12 (A) the amounts deposited in the Fund for 

13 the applicable fiscal year under subsection 

14 (b)(1); and 

15 (B) the amount of interest accrued in the 

16 Fund for the fiscal year in which the expendi17 tures are made. 

18 (2) ADDITIONAL EXPENDITURES.— 

19 (A) IN GENERAL.—The Secretary may ex20 pend more in any fiscal year than the amounts 

21 described in paragraph (1) if the additional 

22 amounts are available in the Fund as a result 

23 of a failure of the Secretary to expend all of the 

24 amounts available under paragraph (1) in 1 or 

25 more prior fiscal years. 


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1 (B) RETENTION IN ACCOUNTS.—Any addi2 tional amounts referred to in subparagraph (A) 

3 shall— 

4 (i) accrue interest in accordance with 

5 this section; and 

6 (ii) only be expended for the purposes 

7 for which expenditures from the Fund are 

8 authorized. 

9 SEC. 103. WATERSMART EXTENSION AND EXPANSION. 

10 (a) DEFINITION OF ELIGIBLE APPLICANT.—Section 

11 9502 of the Omnibus Public Land Management Act of 

12 2009 (42 U.S.C. 10362) is amended— 

13 (1) in the matter preceding paragraph (1), by 

14 striking ‘‘section’’ and inserting ‘‘subtitle’’; and 

15 (2) by striking paragraph (7) and inserting the 

16 following: 

17 ‘‘(7) ELIGIBLE APPLICANT.—The term ‘eligible 

18 applicant’ means— 

19 ‘‘(A) any State, Indian tribe, irrigation dis20 trict, or water district; 

21 ‘‘(B) any State, regional, or local author22 ity, the members of which include 1 or more or23 ganizations with water or power delivery au24 thority; 


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1 ‘‘(C) any other organization with water or 

2 power delivery authority; and 

3 ‘‘(D) any nonprofit conservation organiza4 tion, acting in partnership with any entity listed 

5 in subparagraphs (A) through (C), with respect 

6 to a project involving land or infrastructure 

7 owned by the entity.’’. 

8 (b) WATER MANAGEMENT IMPROVEMENT.—Section 

9 9504(a) of the Omnibus Public Land Management Act of 

10 2009 (42 U.S.C. 10364(a)) is amended— 

11 (1) in paragraph (1)— 

12 (A) in the matter preceding subparagraph 

13 (A), by inserting ‘‘or carrying out any activity’’ 

14 after ‘‘any improvement’’; 

15 (B) by striking subparagraphs (A) through 

16 (E); 

17 (C) by redesignating subparagraphs (F) 

18 through (H) as subparagraphs (B) through 

19 (D), respectively; 

20 (D) by inserting before subparagraph (B) 

21 (as so redesignated) the following: 

22 ‘‘(A) to assist States and water users in 

23 complying with interstate compacts or reducing 

24 basin water supply-demand imbalances, includ25 ing through temporary, voluntary, and comVerDate Sep 11 2014 19:47 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4189.IS S4189

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1 pensated transactions that decrease consump2 tive water use at a regional or watershed 

3 scale;’’; 

4 (E) in subparagraph (B) (as so redesig5 nated), by striking ‘‘to prevent’’ and inserting 

6 ‘‘to achieve the prevention of’’; 

7 (F) in subparagraph (C) (as so redesig8 nated), by striking ‘‘to accelerate’’ and inserting 

9 ‘‘to achieve the acceleration of’’; and 

10 (G) in subparagraph (D) (as so redesig11 nated)— 

12 (i) by striking clause (i) and inserting 

13 the following: 

14 ‘‘(i) to increase ecological resilience to 

15 climate change by addressing climate-re16 lated impacts or vulnerability to the water 

17 supply of the United States, including by 

18 enhancing natural water storage within a 

19 floodplain or riparian wetland;’’; 

20 (ii) in clause (ii), by striking the pe21 riod at the end and inserting ‘‘; or’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(iii) to plan for or address the im25 pacts of drought.’’; 


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1 (2) by redesignating paragraphs (2) and (3) as 

2 paragraphs (3) and (4), respectively; 

3 (3) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) ELIGIBLE PROJECTS.—The improvements 

6 or activities eligible for assistance under paragraph 

7 (1) may include improvements or activities— 

8 ‘‘(A) using an approach that— 

9 ‘‘(i) conserves water; 

10 ‘‘(ii) increases water use efficiency; 

11 ‘‘(iii) facilitates water markets; or 

12 ‘‘(iv) enhances water management, in13 cluding increasing the use of renewable en14 ergy in the management and delivery of 

15 water or increasing natural water storage; 

16 ‘‘(B) to improve the condition of natural 

17 water recharge infrastructure; or 

18 ‘‘(C) to achieve the acceleration of the 

19 adoption and use of advanced water treatment 

20 technologies to increase water supply.’’; 

21 (4) in paragraph (3) (as so redesignated), by 

22 striking subparagraph (B) and inserting the fol23 lowing: 

24 ‘‘(B) submit to the Secretary an applica25 tion that includes— 


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1 ‘‘(i) a proposal of the improvement or 

2 activity to be planned, designed, con3 structed, or implemented by the eligible ap4 plicant; and 

5 ‘‘(ii)(I) a proposal for a pre- and post6 project monitoring plan that would dem7 onstrate ways in which the proposed im8 provement or activity would result in im9 proved streamflows and aquatic habitat; 

10 ‘‘(II) an analysis of ways in which the 

11 proposed improvement or activity would 

12 improve compliance with interstate com13 pacts; or 

14 ‘‘(III) an analysis of ways in which 

15 the proposed improvement or activity 

16 would reduce basin-scale water supply-de17 mand imbalances.’’; and 

18 (5) in paragraph (4) (as so redesignated)— 

19 (A) in subparagraph (A), by striking ‘‘(F)’’ 

20 and inserting ‘‘(G)’’; 

21 (B) in subparagraph (B)(i), by striking 

22 subclause (II) and inserting the following: 

23 ‘‘(II) to use the assistance pro24 vided under a grant or agreement to 

25 increase the consumptive use of water 


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1 for agricultural operations above the 

2 pre-project levels, as determined pur3 suant to the law of the State in which 

4 the operation of the eligible applicant 

5 is located.’’; 

6 (C) in subparagraph (E)— 

7 (i) by striking clause (i) and inserting 

8 the following: 

9 ‘‘(i) FEDERAL SHARE.—The Federal 

10 share of the cost of any infrastructure im11 provement or activity that is the subject of 

12 the grant or other agreement entered into 

13 between the Secretary and an eligible ap14 plicant under paragraph (1)— 

15 ‘‘(I) shall not exceed 50 percent 

16 of the cost of the infrastructure im17 provement or activity; or 

18 ‘‘(II) in the case of an infrastruc19 ture improvement or activity that pro20 vides benefits to consumptive water 

21 users and nonconsumptive ecological 

22 or recreational values in which the 

23 nonconsumptive benefit accounts for 

24 at least 30 percent of the cost of the 

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1 mined by the Secretary, shall not ex2 ceed 75 percent of the cost of the in3 frastructure improvement or activ4 ity.’’; and 

5 (ii) in clause (ii), in the matter pre6 ceding subclause (I), by striking ‘‘para7 graph (2)’’ and inserting ‘‘paragraph (3)’’; 

8 and 

9 (D) by adding at the end the following: 

10 ‘‘(G) LIMITATION.—Not more than 30 per11 cent of the total amounts provided to eligible 

12 applicants through grants or other agreements 

13 for a fiscal year under paragraph (1) shall be 

14 provided to nonprofit conservation organiza15 tions.’’. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—Section 9504 of the Omni18 bus Public Land Management Act of 2009 (42 

19 U.S.C. 10364) is amended by striking subsection (e) 

20 and inserting the following: 

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 there are authorized to be appropriated to carry out 

24 this section— 

25 ‘‘(A) $50,000,000 for fiscal year 2021; 


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1 ‘‘(B) $55,000,000 for fiscal year 2022; 

2 ‘‘(C) $60,000,000 for fiscal year 2023; 

3 ‘‘(D) $65,000,000 for fiscal year 2024; 

4 and 

5 ‘‘(E) $70,000,000 for fiscal year 2025. 

6 ‘‘(2) REQUIREMENT.—Of the amounts made 

7 available under paragraph (1), $50,000,000 for the 

8 period of fiscal years 2021 through 2025 shall be 

9 used to carry out section 206 of the Energy and 

10 Water Development and Related Agencies Appro11 priation Act, 2015 (43 U.S.C. 620 note; Public Law 

12 113–235).’’. 

13 (2) CONFORMING AMENDMENT.—Section 

14 4009(d) of Public Law 114–322 (42 U.S.C. 10364 

15 note; Public Law 114–322) is amended by striking 

16 ‘‘on the condition that of that amount, $50,000,000 

17 of it is used to carry out section 206 of the Energy 

18 and Water Development and Related Agencies Ap19 propriation Act, 2015 (43 U.S.C. 620 note; Public 

20 Law 113–235)’’. 


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1 TITLE II—ECOSYSTEM PROTEC2 TION AND RESTORATION 

3 SEC. 201. WATERBIRD AND SHOREBIRD HABITAT CRE4 ATION PROGRAM. 

5 (a) AUTHORIZATION OF HABITAT CREATION PRO6 GRAM.— 

7 (1) IN GENERAL.—Subject to paragraphs (2) 

8 and (3), the Secretary shall establish a program 

9 under which the Secretary shall provide financial as10 sistance to eligible agricultural producers in Rec11 lamation States, in the form of direct payments or 

12 credits, as applicable, to compensate the eligible ag13 ricultural producers for the creation and mainte14 nance of waterbird and shorebird habitats. 

15 (2) LIMITATION ON AMOUNT OF FINANCIAL AS16 SISTANCE.—Not more than a total of $3,500,000 of 

17 financial assistance may be provided for each fiscal 

18 year under paragraph (1). 

19 (3) CONDITIONS.—Financial assistance shall be 

20 provided under paragraph (1) only if the Secretary 

21 determines that the activities receiving the financial 

22 assistance would— 

23 (A) create new habitat that would not oth24 erwise be created; or 


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1 (B) maintain existing habitat that would 

2 not otherwise be maintained. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary $3,500,000 

5 to carry out this section for each of fiscal years 2021 

6 through 2026, to remain available until expended. 

7 (c) REPORT.—Not later than October 1, 2021, and 

8 every 2 years thereafter, the Secretary shall submit to 

9 Congress a report that describes the environmental per10 formance of activities that are receiving, or have received, 

11 financial assistance under the program established under 

12 subsection (a)(1) during the period covered by the report. 

13 SEC. 202. SUSTAINING BIODIVERSITY DURING DROUGHTS. 

14 Section 9503(b) of the Omnibus Public Land Man15 agement Act of 2009 (42 U.S.C. 10363(b)) is amended— 

16 (1) in paragraph (3)(D), by inserting ‘‘and na17 tive biodiversity’’ after ‘‘wildlife habitat’’; and 

18 (2) in paragraph (4)(B), by inserting ‘‘and 

19 drought biodiversity plans to address sustaining na20 tive biodiversity during periods of drought’’ after 

21 ‘‘restoration plans’’. 


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1 SEC. 203. REAUTHORIZATION AND EXPANSION OF COOPER2 ATIVE WATERSHED MANAGEMENT PROGRAM. 

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

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

5 is amended— 

6 (1) by redesignating paragraphs (2) through 

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

8 (2) by inserting after paragraph (1) the fol9 lowing: 

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

11 ‘disadvantaged community’ means a community (in12 cluding a city, town, county, or reasonably isolated 

13 and divisible segment of a larger municipality) with 

14 an annual median household income that is less than 

15 100 percent of the statewide annual median house16 hold income for the State in which the community 

17 is located, according to the most recent decennial 

18 census.’’; 

19 (3) in paragraph (6)(B)(i) (as so redesig20 nated)— 

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

22 at the end; 

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

24 after the semicolon at the end; and 

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


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1 ‘‘(X) disadvantaged commu2 nities;’’; and 

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

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

5 at the end; 

6 (B) by redesignating subparagraph (E) as 

7 subparagraph (F); and 

8 (C) by inserting after subparagraph (D) 

9 the following: 

10 ‘‘(E) generates environmental benefits, 

11 such as benefits to fisheries, wildlife, and aquat12 ic habitat; or’’. 

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

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

15 amended— 

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

17 following: 

18 ‘‘(b) ESTABLISHMENT OF APPLICATION PROCESS; 

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

20 shall update— 

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

22 and 

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

24 prioritization and eligibility criteria for considering 


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1 applications submitted in accordance with the appli2 cation process.’’; and 

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

4 following: 

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

6 are authorized to be appropriated to carry out this sec7 tion— 

8 ‘‘(1) $20,000,000 for each of fiscal years 2012 

9 through 2020; and 

10 ‘‘(2) $40,000,000 for each of fiscal years 2021 

11 through 2024.’’. 

12 SEC. 204. MULTIBENEFIT PROJECTS TO IMPROVE WATER13 SHED HEALTH. 

14 (a) DEFINITION OF ELIGIBLE APPLICANT.—In this 

15 section, the term ‘‘eligible applicant’’ means— 

16 (1) any Reclamation State, Indian Tribe, irriga17 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 PRO23 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 


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1 program under which the Secretary shall award grants to 

2 eligible applicants for the design, implementation, and 

3 monitoring of conservation outcomes of habitat restoration 

4 projects that improve watershed health in a Reclamation 

5 State by accomplishing 1 or more of the following: 

6 (1) Ecosystem benefits. 

7 (2) Restoration of native species beyond exist8 ing or planned measures necessary to comply with 

9 Federal or State laws relating to species recovery. 

10 (3) Mitigation against the impacts of climate 

11 change to fish and wildlife habitats. 

12 (4) Protection against invasive species. 

13 (5) Restoration of aspects of the natural eco14 system. 

15 (6) Enhancement of commercial or recreational 

16 fishing. 

17 (7) Enhancement of river-based recreation, 

18 such as kayaking, rafting, and canoeing. 

19 (c) REQUIREMENTS.— 

20 (1) IN GENERAL.—In awarding a grant to an 

21 eligible applicant under subsection (b), the Sec22 retary— 

23 (A) shall give priority to an eligible appli24 cant that would carry out a habitat restoration 


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1 project that achieves more than 1 of the bene2 fits described in that subsection; and 

3 (B) may not provide a grant to carry out 

4 a habitat restoration project, the purpose of 

5 which is to meet existing environmental mitiga6 tion or compliance obligations under Federal or 

7 State law. 

8 (2) COMPLIANCE.—A habitat restoration 

9 project awarded a grant under subsection (a) shall 

10 comply with all applicable Federal and State laws. 

11 (d) COST-SHARING REQUIREMENT.—The Federal 

12 share of the cost of any habitat restoration project that 

13 is awarded a grant under subsection (b)— 

14 (1) shall not exceed 50 percent of the cost of 

15 the habitat restoration project; or 

16 (2) in the case of a habitat restoration project 

17 that provides benefits to ecological or recreational 

18 values in which the nonconsumptive water conserva19 tion benefit or habitat restoration benefit accounts 

20 for at least 75 percent of the cost of the habitat res21 toration project, as determined by the Secretary, 

22 shall not exceed 75 percent of the cost of the habitat 

23 restoration project. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $150,000,000 for each of fiscal years 2021 through 2024. 

4 SEC. 205. DROUGHT PLANNING AND PREPAREDNESS FOR 

5 CRITICALLY IMPORTANT FISHERIES. 

6 (a) DEFINITIONS.—In this section: 

7 (1) CRITICALLY IMPORTANT FISHERY.—The 

8 term ‘‘critically important fishery’’ means— 

9 (A) a fishery located in a Reclamation 

10 State that is commercially, culturally, or 

11 recreationally important; 

12 (B) a fishery located in a Reclamation 

13 State that contains fish species that are listed 

14 as threatened or endangered pursuant to the 

15 Endangered Species Act of 1973 (16 U.S.C. 

16 1531 et seq.); and 

17 (C) a fishery located in a Reclamation 

18 State that is used by 1 or more Indian Tribes 

19 in the Reclamation State for ceremonial subsist20 ence or commercial purposes. 

21 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

22 has the meaning given the term ‘‘Indian tribe’’ in 

23 section 4 of the Indian Self-Determination and Edu24 cation Assistance Act (25 U.S.C. 5304). 


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1 (3) QUALIFIED TRIBAL GOVERNMENT.—The 

2 term ‘‘qualified Tribal Government’’ means any gov3 ernment of an Indian Tribe that the Secretary deter4 mines— 

5 (A) is involved in fishery management and 

6 recovery activities, including activities under the 

7 Endangered Species Act of 1973 (16 U.S.C. 

8 1531 et seq.); and 

9 (B) has the management and organiza10 tional capability to maximize the benefits of as11 sistance provided under subsection (c). 

12 (4) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary, acting through the Director of the 

14 United States Fish and Wildlife Service. 

15 (b) DROUGHT PLAN FOR CRITICALLY IMPORTANT

16 FISHERIES.— 

17 (1) IN GENERAL.—Not later than January 1, 

18 2021, and every 3 years thereafter, the Secretary, in 

19 consultation with the Director of the National Ma20 rine Fisheries Service, the Commissioner of Rec21 lamation, the Chief of Engineers, applicable State 

22 fish and wildlife agencies, and qualified Tribal Gov23 ernments, shall prepare a plan to sustain the sur24 vival of critically important fisheries during future 

25 periods of extended drought through— 


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1 (A) voluntary, compensated actions by pri2 vate landowners and water right holders; or 

3 (B) other investments in drought prepared4 ness made by the Secretary. 

5 (2) CONSIDERATIONS.—In preparing the plan 

6 under paragraph (1), the Secretary shall consider— 

7 (A) habitat restoration efforts designed to 

8 provide drought refugia and increased fishery 

9 resilience during droughts; 

10 (B) relocating the release location and tim11 ing of hatchery fish to avoid predation and tem12 perature impacts; 

13 (C) barging of hatchery release fish to im14 prove survival and reduce straying; 

15 (D) coordination with water users, the 

16 Commissioner of Reclamation, State fish and 

17 wildlife agencies, qualified Tribal Governments, 

18 and interested public water agencies regarding 

19 voluntary water transfers, including through 

20 groundwater substitution activities, to deter21 mine if water releases can be collaboratively 

22 managed in a way that provides additional ben23 efits for critically important fisheries without 

24 negatively impacting wildlife habitat; 


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1 (E) hatchery management modifications, 

2 such as expanding hatchery production of fish 

3 during periods of extended drought, if appro4 priate for a particular river basin; 

5 (F) hatchery retrofit projects, such as the 

6 installation and operation of filtration equip7 ment and chillers, to reduce disease outbreak, 

8 egg mortality, and other impacts of droughts in 

9 high water temperatures; 

10 (G) increasing rescue operations of up11 stream migrating fish; 

12 (H) improving temperature modeling and 

13 related forecasted information to predict water 

14 management impacts to the habitat of critically 

15 important fisheries with a higher degree of ac16 curacy than current models; 

17 (I) programs to reduce predation losses at 

18 artificially created predation hot spots; 

19 (J) habitat restoration efforts designed to 

20 provide drought refugia and increased fisheries 

21 resilience during droughts; and 

22 (K) retrofitting existing water facilities to 

23 provide improved temperature conditions for 

24 fish. 


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1 (c) PUBLIC COMMENT.—Before finalizing a plan 

2 under subsection (b), the Secretary shall provide for a 

3 public comment period of not less than 90 days. 

4 (d) AUTHORIZATION OF APPROPRIATIONS FOR FISH

5 RECOVERY EFFORTS.—There is authorized to be appro6 priated to the Secretary to carry out fish, stream, and 

7 hatchery activities relating to fish recovery efforts, includ8 ing activities carried out in coordination with the Director 

9 of the National Marine Fisheries Service, the Commis10 sioner of Reclamation, the Chief of Engineers, applicable 

11 State fish and wildlife agencies, or a qualified Tribal Gov12 ernment, $25,000,000 for fiscal year 2021. 

13 (e) EFFECT.—Nothing in this section affects any ob14 ligation under any Federal environmental law. 

15 SEC. 206. AQUATIC CONNECTIVITY RESTORATION. 

16 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sec17 tion, the term ‘‘eligible entity’’ means— 

18 (1) a Reclamation State; 

19 (2) a department, agency, or political subdivi20 sion of a Reclamation State; 

21 (3) a public agency organized pursuant to the 

22 laws of a Reclamation State; 

23 (4) an Indian tribe (as that term is defined in 

24 section 4 of the Indian Self-Determination and EduVerDate Sep 11 2014 20:59 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S4189.IS S4189

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1 cation Assistance Act (25 U.S.C. 5304)) in a Rec2 lamation State; or 

3 (5) a nonprofit organization operating in a Rec4 lamation State. 

5 (b) GENERAL AUTHORITY.—Subject to the require6 ments of this section, on the request of any eligible entity, 

7 the Secretary may negotiate and enter into an agreement 

8 to fund the design, study, and construction of an aquatic 

9 ecosystem restoration and protection project, if the Sec10 retary determines that the project is likely to improve the 

11 quality of the environment in a Reclamation State by im12 proving fish passage through the removal or bypass of bar13 riers to fish passage. 

14 (c) REQUIREMENTS.— 

15 (1) IN GENERAL.—Construction of a project 

16 under this section may be initiated only after— 

17 (A) except as provided in paragraph (2), 

18 an eligible entity has entered into an agreement 

19 with the Secretary to pay not less than 35 per20 cent of the costs of project construction; and 

21 (B) the Secretary determines that the pro22 posed project— 

23 (i) would not harm the water rights of 

24 water right holders of the water source; 


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1 (ii) would not result in an unmitigated 

2 result to the environment; and 

3 (iii) is consistent with the responsibil4 ities of the Secretary, as agreed to by all 

5 entities that own or operate any fish pas6 sage barrier affected by the project— 

7 (I) in the role of the Secretary as 

8 trustee for Indian tribes; and 

9 (II) to ensure compliance with 

10 any applicable international and Trib11 al treaties and agreements and inter12 state compacts and agreements; 

13 (iv) is in the financial interest of the 

14 United States, based on the determination 

15 that the project advances Federal objec16 tives, including environmental enhance17 ment objectives in a Reclamation State; 

18 and 

19 (v) protects the public aspects of the 

20 eligible facility, including water rights 

21 managed for public purposes, such as flood 

22 control or fish and wildlife. 

23 (2) EXCEPTION.—Paragraph (1)(A) shall not 

24 apply to an eligible entity described in subsection 

25 (a)(4). 


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1 (d) PRIORITY FOR PROJECTS PROVIDING PUBLIC

2 SAFETY AND REGIONAL BENEFITS.—In providing assist3 ance for projects under this section, the Secretary shall 

4 give priority to projects that— 

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

6 and 

7 (2) are regional in nature, including projects 

8 that span 2 or more river basins. 

9 (e) ENVIRONMENTAL LAWS.—In participating in a 

10 project under this section, the Secretary shall comply 

11 with— 

12 (1) any applicable Federal environmental law, 

13 including the National Environmental Policy Act of 

14 1969 (42 U.S.C. 4321 et seq.); and 

15 (2) any environmental law of the Reclamation 

16 State in which the project is located that relates to 

17 the construction, expansion, or operation of a water 

18 storage project or fish and wildlife protection, if the 

19 law of the Reclamation State does not relieve the 

20 Secretary of any Federal requirement otherwise ap21 plicable under this section. 

22 (f) FUNDING.—There is authorized to be appro23 priated to carry out this section $25,000,000 for each of 

24 fiscal years 2021 through 2026, to remain available until 

25 expended. 


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1 SEC. 207. REAUTHORIZATION OF THE FISHERIES RESTORA2 TION AND IRRIGATION MITIGATION ACT OF 

3 2000. 

4 (a) DEFINITION OF PACIFIC DRAINAGE AREA.—Sec5 tion 2(1) of the Fisheries Restoration and Irrigation Miti6 gation Act of 2000 (16 U.S.C. 777 note; Public Law 106– 

7 502) is amended by inserting ‘‘or a terminal lake’’ before 

8 the period at the end. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 10(a) of the Fisheries Restoration and Irrigation Mitiga11 tion Act of 2000 (16 U.S.C. 777 note; Public Law 106– 

12 502) is amended by striking ‘‘$15,000,000 through 2021’’ 

13 and inserting ‘‘$25,000,000 for each of fiscal years 2021 

14 through 2027’’. 

Æ 


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