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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4189 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water for 
Conservation and Farming Act''.
    (b) Table of Contents.--The table of contents for 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.
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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the Bureau of 
        Reclamation Infrastructure Fund established by section 102(a).
            (2) Reclamation state.--The term ``Reclamation State'' has 
        the meaning given the term in section 4014 of the Water 
        Infrastructure Improvements for the Nation Act (43 U.S.C. 390b 
        note; Public Law 114-322).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

                  TITLE I--INFRASTRUCTURE DEVELOPMENT

SEC. 101. TECHNICAL AMENDMENT TO THE WATER DESALINATION ACT OF 1996.

    Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 
note; Public Law 104-298) is amended by redesignating the second 
paragraph (1) (relating to eligible desalination projects) as paragraph 
(2).

SEC. 102. BUREAU OF RECLAMATION INFRASTRUCTURE FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Bureau of Reclamation 
Infrastructure Fund'', consisting of--
            (1) such amounts as are deposited in the Fund under 
        subsection (b)(1); and
            (2) any interest earned on investment of amounts in the 
        Fund under subsection (c)(1)(B).
    (b) Deposits to Fund.--
            (1) In general.--For each of fiscal years 2031 through 
        2061, the Secretary of the Treasury shall deposit in the Fund 
        $300,000,000 of the revenues that would otherwise be deposited 
        for the fiscal year in the reclamation fund established by the 
        first section of the Act of June 17, 1902 (32 Stat. 388, 
        chapter 1093), of which--
                    (A) $100,000,000 shall be expended by the Secretary 
                for water reclamation and reuse projects authorized 
                under--
                            (i) the Reclamation Wastewater and 
                        Groundwater Study and Facilities Act (43 U.S.C. 
                        390h et seq.); or
                            (ii) section 4(a)(2) of the Water 
                        Desalination Act of 1996 (42 U.S.C. 10301 note; 
                        Public Law 104-298);
                    (B) $100,000,000 shall be expended by the Secretary 
                for grants authorized under section 9504 of the Omnibus 
                Public Land Management Act of 2009 (42 U.S.C. 10364); 
                and
                    (C) $100,000,000 shall be expended by the Secretary 
                to perform modifications to preserve the structural 
                safety of Bureau of Reclamation dams and related 
                facilities to ensure that Bureau of Reclamation 
                facilities do not present unreasonable risks to public 
                safety, property, or the environment, if the 
                expenditures--
                            (i) account for not more than 85 percent of 
                        the total costs for any dam safety project; and
                            (ii) are made in accordance with section 3 
                        of the Reclamation Safety of Dams Act of 1978 
                        (43 U.S.C. 507).
            (2) Availability of amounts.--Amounts deposited in the Fund 
        under paragraph (1) shall--
                    (A) be made available in accordance with this 
                section, without further appropriation; and
                    (B) be in addition to amounts appropriated for the 
                purposes described in this section under any other 
                provision of law.
    (c) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), for each of 
        fiscal years 2031 through 2061, the Secretary may expend from 
        the Fund, in accordance with this section, not more than an 
        amount equal to the sum of--
                    (A) the amounts deposited in the Fund for the 
                applicable fiscal year under subsection (b)(1); and
                    (B) the amount of interest accrued in the Fund for 
                the fiscal year in which the expenditures are made.
            (2) Additional expenditures.--
                    (A) In general.--The Secretary may expend more in 
                any fiscal year than the amounts described in paragraph 
                (1) if the additional amounts are available in the Fund 
                as a result of a failure of the Secretary to expend all 
                of the amounts available under paragraph (1) in 1 or 
                more prior fiscal years.
                    (B) Retention in accounts.--Any additional amounts 
                referred to in subparagraph (A) shall--
                            (i) accrue interest in accordance with this 
                        section; and
                            (ii) only be expended for the purposes for 
                        which expenditures from the Fund are 
                        authorized.

SEC. 103. WATERSMART EXTENSION AND EXPANSION.

    (a) Definition of Eligible Applicant.--Section 9502 of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``section'' and inserting ``subtitle''; and
            (2) by striking paragraph (7) and inserting the following:
            ``(7) Eligible applicant.--The term `eligible applicant' 
        means--
                    ``(A) any State, Indian tribe, irrigation district, 
                or water district;
                    ``(B) any State, regional, or local authority, the 
                members of which include 1 or more organizations with 
                water or power delivery authority;
                    ``(C) any other organization with water or power 
                delivery authority; and
                    ``(D) any nonprofit conservation organization, 
                acting in partnership with any entity listed in 
                subparagraphs (A) through (C), with respect to a 
                project involving land or infrastructure owned by the 
                entity.''.
    (b) Water Management Improvement.--Section 9504(a) of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``or carrying out any activity'' after ``any 
                improvement'';
                    (B) by striking subparagraphs (A) through (E);
                    (C) by redesignating subparagraphs (F) through (H) 
                as subparagraphs (B) through (D), respectively;
                    (D) by inserting before subparagraph (B) (as so 
                redesignated) the following:
                    ``(A) to assist States and water users in complying 
                with interstate compacts or reducing basin water 
                supply-demand imbalances, including through temporary, 
                voluntary, and compensated transactions that decrease 
                consumptive water use at a regional or watershed 
                scale;'';
                    (E) in subparagraph (B) (as so redesignated), by 
                striking ``to prevent'' and inserting ``to achieve the 
                prevention of'';
                    (F) in subparagraph (C) (as so redesignated), by 
                striking ``to accelerate'' and inserting ``to achieve 
                the acceleration of''; and
                    (G) in subparagraph (D) (as so redesignated)--
                            (i) by striking clause (i) and inserting 
                        the following:
                            ``(i) to increase ecological resilience to 
                        climate change by addressing climate-related 
                        impacts or vulnerability to the water supply of 
                        the United States, including by enhancing 
                        natural water storage within a floodplain or 
                        riparian wetland;'';
                            (ii) in clause (ii), by striking the period 
                        at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                            ``(iii) to plan for or address the impacts 
                        of drought.'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) Eligible projects.--The improvements or activities 
        eligible for assistance under paragraph (1) may include 
        improvements or activities--
                    ``(A) using an approach that--
                            ``(i) conserves water;
                            ``(ii) increases water use efficiency;
                            ``(iii) facilitates water markets; or
                            ``(iv) enhances water management, including 
                        increasing the use of renewable energy in the 
                        management and delivery of water or increasing 
                        natural water storage;
                    ``(B) to improve the condition of natural water 
                recharge infrastructure; or
                    ``(C) to achieve the acceleration of the adoption 
                and use of advanced water treatment technologies to 
                increase water supply.'';
            (4) in paragraph (3) (as so redesignated), by striking 
        subparagraph (B) and inserting the following:
                    ``(B) submit to the Secretary an application that 
                includes--
                            ``(i) a proposal of the improvement or 
                        activity to be planned, designed, constructed, 
                        or implemented by the eligible applicant; and
                            ``(ii)(I) a proposal for a pre- and post-
                        project monitoring plan that would demonstrate 
                        ways in which the proposed improvement or 
                        activity would result in improved streamflows 
                        and aquatic habitat;
                            ``(II) an analysis of ways in which the 
                        proposed improvement or activity would improve 
                        compliance with interstate compacts; or
                            ``(III) an analysis of ways in which the 
                        proposed improvement or activity would reduce 
                        basin-scale water supply-demand imbalances.''; 
                        and
            (5) in paragraph (4) (as so redesignated)--
                    (A) in subparagraph (A), by striking ``(F)'' and 
                inserting ``(G)'';
                    (B) in subparagraph (B)(i), by striking subclause 
                (II) and inserting the following:
                                    ``(II) to use the assistance 
                                provided under a grant or agreement to 
                                increase the consumptive use of water 
                                for agricultural operations above the 
                                pre-project levels, as determined 
                                pursuant to the law of the State in 
                                which the operation of the eligible 
                                applicant is located.'';
                    (C) in subparagraph (E)--
                            (i) by striking clause (i) and inserting 
                        the following:
                            ``(i) Federal share.--The Federal share of 
                        the cost of any infrastructure improvement or 
                        activity that is the subject of the grant or 
                        other agreement entered into between the 
                        Secretary and an eligible applicant under 
                        paragraph (1)--
                                    ``(I) shall not exceed 50 percent 
                                of the cost of the infrastructure 
                                improvement or activity; or
                                    ``(II) in the case of an 
                                infrastructure improvement or activity 
                                that provides benefits to consumptive 
                                water users and nonconsumptive 
                                ecological or recreational values in 
                                which the nonconsumptive benefit 
                                accounts for at least 30 percent of the 
                                cost of the improvement or activity, as 
                                determined by the Secretary, shall not 
                                exceed 75 percent of the cost of the 
                                infrastructure improvement or 
                                activity.''; and
                            (ii) in clause (ii), in the matter 
                        preceding subclause (I), by striking 
                        ``paragraph (2)'' and inserting ``paragraph 
                        (3)''; and
                    (D) by adding at the end the following:
                    ``(G) Limitation.--Not more than 30 percent of the 
                total amounts provided to eligible applicants through 
                grants or other agreements for a fiscal year under 
                paragraph (1) shall be provided to nonprofit 
                conservation organizations.''.
    (c) Authorization of Appropriations.--
            (1) In general.--Section 9504 of the Omnibus Public Land 
        Management Act of 2009 (42 U.S.C. 10364) is amended by striking 
        subsection (e) and inserting the following:
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated to carry out this section--
                    ``(A) $50,000,000 for fiscal year 2021;
                    ``(B) $55,000,000 for fiscal year 2022;
                    ``(C) $60,000,000 for fiscal year 2023;
                    ``(D) $65,000,000 for fiscal year 2024; and
                    ``(E) $70,000,000 for fiscal year 2025.
            ``(2) Requirement.--Of the amounts made available under 
        paragraph (1), $50,000,000 for the period of fiscal years 2021 
        through 2025 shall be used to carry out section 206 of the 
        Energy and Water Development and Related Agencies Appropriation 
        Act, 2015 (43 U.S.C. 620 note; Public Law 113-235).''.
            (2) Conforming amendment.--Section 4009(d) of Public Law 
        114-322 (42 U.S.C. 10364 note; Public Law 114-322) is amended 
        by striking ``on the condition that of that amount, $50,000,000 
        of it is used to carry out section 206 of the Energy and Water 
        Development and Related Agencies Appropriation Act, 2015 (43 
        U.S.C. 620 note; Public Law 113-235)''.

             TITLE II--ECOSYSTEM PROTECTION AND RESTORATION

SEC. 201. WATERBIRD AND SHOREBIRD HABITAT CREATION PROGRAM.

    (a) Authorization of Habitat Creation Program.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Secretary shall establish a program under which the Secretary 
        shall provide financial assistance to eligible agricultural 
        producers in Reclamation States, in the form of direct payments 
        or credits, as applicable, to compensate the eligible 
        agricultural producers for the creation and maintenance of 
        waterbird and shorebird habitats.
            (2) Limitation on amount of financial assistance.--Not more 
        than a total of $3,500,000 of financial assistance may be 
        provided for each fiscal year under paragraph (1).
            (3) Conditions.--Financial assistance shall be provided 
        under paragraph (1) only if the Secretary determines that the 
        activities receiving the financial assistance would--
                    (A) create new habitat that would not otherwise be 
                created; or
                    (B) maintain existing habitat that would not 
                otherwise be maintained.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $3,500,000 to carry out this section for 
each of fiscal years 2021 through 2026, to remain available until 
expended.
    (c) Report.--Not later than October 1, 2021, and every 2 years 
thereafter, the Secretary shall submit to Congress a report that 
describes the environmental performance of activities that are 
receiving, or have received, financial assistance under the program 
established under subsection (a)(1) during the period covered by the 
report.

SEC. 202. SUSTAINING BIODIVERSITY DURING DROUGHTS.

    Section 9503(b) of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10363(b)) is amended--
            (1) in paragraph (3)(D), by inserting ``and native 
        biodiversity'' after ``wildlife habitat''; and
            (2) in paragraph (4)(B), by inserting ``and drought 
        biodiversity plans to address sustaining native biodiversity 
        during periods of drought'' after ``restoration plans''.

SEC. 203. REAUTHORIZATION AND EXPANSION OF COOPERATIVE WATERSHED 
              MANAGEMENT PROGRAM.

    (a) Definitions.--Section 6001 of the Omnibus Public Land 
Management Act of 2009 (16 U.S.C. 1015) is amended--
            (1) by redesignating paragraphs (2) through (6) as 
        paragraphs (3) through (7), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Disadvantaged community.--The term `disadvantaged 
        community' means a community (including a city, town, county, 
        or reasonably isolated and divisible segment of a larger 
        municipality) with an annual median household income that is 
        less than 100 percent of the statewide annual median household 
        income for the State in which the community is located, 
        according to the most recent decennial census.'';
            (3) in paragraph (6)(B)(i) (as so redesignated)--
                    (A) in subclause (VIII), by striking ``and'' at the 
                end;
                    (B) in subclause (IX), by adding ``and'' after the 
                semicolon at the end; and
                    (C) by adding at the end the following:
                                    ``(X) disadvantaged communities;''; 
                                and
            (4) in paragraph (7) (as so redesignated)--
                    (A) in subparagraph (D), by striking ``or'' at the 
                end;
                    (B) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (C) by inserting after subparagraph (D) the 
                following:
                    ``(E) generates environmental benefits, such as 
                benefits to fisheries, wildlife, and aquatic habitat; 
                or''.
    (b) Application.--Section 6002 of the Omnibus Public Lands 
Management Act (16 U.S.C. 1015a) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Establishment of Application Process; Criteria.--Not later 
than March 30, 2021, the Secretary shall update--
            ``(1) the application process for the program; and
            ``(2) in consultation with the States, the prioritization 
        and eligibility criteria for considering applications submitted 
        in accordance with the application process.''; and
            (2) by striking subsection (g) and inserting the following:
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $20,000,000 for each of fiscal years 2012 through 
        2020; and
            ``(2) $40,000,000 for each of fiscal years 2021 through 
        2024.''.

SEC. 204. MULTIBENEFIT PROJECTS TO IMPROVE WATERSHED HEALTH.

    (a) Definition of Eligible Applicant.--In this section, the term 
``eligible applicant'' means--
            (1) any Reclamation State, Indian Tribe, irrigation 
        district, water district, or organization with water or power 
        delivery authority;
            (2) any Reclamation State, regional authority, or local 
        agency or authority; and
            (3) any nonprofit conservation organization.
    (b) Establishment of Competitive Grant Program.--Not later than 1 
year after the date of enactment of this Act, the Secretary, in 
consultation with the heads of relevant agencies, shall establish a 
competitive grant program under which the Secretary shall award grants 
to eligible applicants for the design, implementation, and monitoring 
of conservation outcomes of habitat restoration projects that improve 
watershed health in a Reclamation State by accomplishing 1 or more of 
the following:
            (1) Ecosystem benefits.
            (2) Restoration of native species beyond existing or 
        planned measures necessary to comply with Federal or State laws 
        relating to species recovery.
            (3) Mitigation against the impacts of climate change to 
        fish and wildlife habitats.
            (4) Protection against invasive species.
            (5) Restoration of aspects of the natural ecosystem.
            (6) Enhancement of commercial or recreational fishing.
            (7) Enhancement of river-based recreation, such as 
        kayaking, rafting, and canoeing.
    (c) Requirements.--
            (1) In general.--In awarding a grant to an eligible 
        applicant under subsection (b), the Secretary--
                    (A) shall give priority to an eligible applicant 
                that would carry out a habitat restoration project that 
                achieves more than 1 of the benefits described in that 
                subsection; and
                    (B) may not provide a grant to carry out a habitat 
                restoration project, the purpose of which is to meet 
                existing environmental mitigation or compliance 
                obligations under Federal or State law.
            (2) Compliance.--A habitat restoration project awarded a 
        grant under subsection (a) shall comply with all applicable 
        Federal and State laws.
    (d) Cost-Sharing Requirement.--The Federal share of the cost of any 
habitat restoration project that is awarded a grant under subsection 
(b)--
            (1) shall not exceed 50 percent of the cost of the habitat 
        restoration project; or
            (2) in the case of a habitat restoration project that 
        provides benefits to ecological or recreational values in which 
        the nonconsumptive water conservation benefit or habitat 
        restoration benefit accounts for at least 75 percent of the 
        cost of the habitat restoration project, as determined by the 
        Secretary, shall not exceed 75 percent of the cost of the 
        habitat restoration project.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $150,000,000 for each of fiscal 
years 2021 through 2024.

SEC. 205. DROUGHT PLANNING AND PREPAREDNESS FOR CRITICALLY IMPORTANT 
              FISHERIES.

    (a) Definitions.--In this section:
            (1) Critically important fishery.--The term ``critically 
        important fishery'' means--
                    (A) a fishery located in a Reclamation State that 
                is commercially, culturally, or recreationally 
                important;
                    (B) a fishery located in a Reclamation State that 
                contains fish species that are listed as threatened or 
                endangered pursuant to the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.); and
                    (C) a fishery located in a Reclamation State that 
                is used by 1 or more Indian Tribes in the Reclamation 
                State for ceremonial subsistence or commercial 
                purposes.
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (3) Qualified tribal government.--The term ``qualified 
        Tribal Government'' means any government of an Indian Tribe 
        that the Secretary determines--
                    (A) is involved in fishery management and recovery 
                activities, including activities under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.); and
                    (B) has the management and organizational 
                capability to maximize the benefits of assistance 
                provided under subsection (c).
            (4) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Director of the United States Fish and 
        Wildlife Service.
    (b) Drought Plan for Critically Important Fisheries.--
            (1) In general.--Not later than January 1, 2021, and every 
        3 years thereafter, the Secretary, in consultation with the 
        Director of the National Marine Fisheries Service, the 
        Commissioner of Reclamation, the Chief of Engineers, applicable 
        State fish and wildlife agencies, and qualified Tribal 
        Governments, shall prepare a plan to sustain the survival of 
        critically important fisheries during future periods of 
        extended drought through--
                    (A) voluntary, compensated actions by private 
                landowners and water right holders; or
                    (B) other investments in drought preparedness made 
                by the Secretary.
            (2) Considerations.--In preparing the plan under paragraph 
        (1), the Secretary shall consider--
                    (A) habitat restoration efforts designed to provide 
                drought refugia and increased fishery resilience during 
                droughts;
                    (B) relocating the release location and timing of 
                hatchery fish to avoid predation and temperature 
                impacts;
                    (C) barging of hatchery release fish to improve 
                survival and reduce straying;
                    (D) coordination with water users, the Commissioner 
                of Reclamation, State fish and wildlife agencies, 
                qualified Tribal Governments, and interested public 
                water agencies regarding voluntary water transfers, 
                including through groundwater substitution activities, 
                to determine if water releases can be collaboratively 
                managed in a way that provides additional benefits for 
                critically important fisheries without negatively 
                impacting wildlife habitat;
                    (E) hatchery management modifications, such as 
                expanding hatchery production of fish during periods of 
                extended drought, if appropriate for a particular river 
                basin;
                    (F) hatchery retrofit projects, such as the 
                installation and operation of filtration equipment and 
                chillers, to reduce disease outbreak, egg mortality, 
                and other impacts of droughts in high water 
                temperatures;
                    (G) increasing rescue operations of upstream 
                migrating fish;
                    (H) improving temperature modeling and related 
                forecasted information to predict water management 
                impacts to the habitat of critically important 
                fisheries with a higher degree of accuracy than current 
                models;
                    (I) programs to reduce predation losses at 
                artificially created predation hot spots;
                    (J) habitat restoration efforts designed to provide 
                drought refugia and increased fisheries resilience 
                during droughts; and
                    (K) retrofitting existing water facilities to 
                provide improved temperature conditions for fish.
    (c) Public Comment.--Before finalizing a plan under subsection (b), 
the Secretary shall provide for a public comment period of not less 
than 90 days.
    (d) Authorization of Appropriations for Fish Recovery Efforts.--
There is authorized to be appropriated to the Secretary to carry out 
fish, stream, and hatchery activities relating to fish recovery 
efforts, including activities carried out in coordination with the 
Director of the National Marine Fisheries Service, the Commissioner of 
Reclamation, the Chief of Engineers, applicable State fish and wildlife 
agencies, or a qualified Tribal Government, $25,000,000 for fiscal year 
2021.
    (e) Effect.--Nothing in this section affects any obligation under 
any Federal environmental law.

SEC. 206. AQUATIC CONNECTIVITY RESTORATION.

    (a) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means--
            (1) a Reclamation State;
            (2) a department, agency, or political subdivision of a 
        Reclamation State;
            (3) a public agency organized pursuant to the laws of a 
        Reclamation State;
            (4) an Indian tribe (as that term is defined in section 4 
        of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 5304)) in a Reclamation State; or
            (5) a nonprofit organization operating in a Reclamation 
        State.
    (b) General Authority.--Subject to the requirements of this 
section, on the request of any eligible entity, the Secretary may 
negotiate and enter into an agreement to fund the design, study, and 
construction of an aquatic ecosystem restoration and protection 
project, if the Secretary determines that the project is likely to 
improve the quality of the environment in a Reclamation State by 
improving fish passage through the removal or bypass of barriers to 
fish passage.
    (c) Requirements.--
            (1) In general.--Construction of a project under this 
        section may be initiated only after--
                    (A) except as provided in paragraph (2), an 
                eligible entity has entered into an agreement with the 
                Secretary to pay not less than 35 percent of the costs 
                of project construction; and
                    (B) the Secretary determines that the proposed 
                project--
                            (i) would not harm the water rights of 
                        water right holders of the water source;
                            (ii) would not result in an unmitigated 
                        result to the environment; and
                            (iii) is consistent with the 
                        responsibilities of the Secretary, as agreed to 
                        by all entities that own or operate any fish 
                        passage barrier affected by the project--
                                    (I) in the role of the Secretary as 
                                trustee for Indian tribes; and
                                    (II) to ensure compliance with any 
                                applicable international and Tribal 
                                treaties and agreements and interstate 
                                compacts and agreements;
                            (iv) is in the financial interest of the 
                        United States, based on the determination that 
                        the project advances Federal objectives, 
                        including environmental enhancement objectives 
                        in a Reclamation State; and
                            (v) protects the public aspects of the 
                        eligible facility, including water rights 
                        managed for public purposes, such as flood 
                        control or fish and wildlife.
            (2) Exception.--Paragraph (1)(A) shall not apply to an 
        eligible entity described in subsection (a)(4).
    (d) Priority for Projects Providing Public Safety and Regional 
Benefits.--In providing assistance for projects under this section, the 
Secretary shall give priority to projects that--
            (1) are likely to provide public safety benefits; and
            (2) are regional in nature, including projects that span 2 
        or more river basins.
    (e) Environmental Laws.--In participating in a project under this 
section, the Secretary shall comply with--
            (1) any applicable Federal environmental law, including the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.); and
            (2) any environmental law of the Reclamation State in which 
        the project is located that relates to the construction, 
        expansion, or operation of a water storage project or fish and 
        wildlife protection, if the law of the Reclamation State does 
        not relieve the Secretary of any Federal requirement otherwise 
        applicable under this section.
    (f) Funding.--There is authorized to be appropriated to carry out 
this section $25,000,000 for each of fiscal years 2021 through 2026, to 
remain available until expended.

SEC. 207. REAUTHORIZATION OF THE FISHERIES RESTORATION AND IRRIGATION 
              MITIGATION ACT OF 2000.

    (a) Definition of Pacific Drainage Area.--Section 2(1) of the 
Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 
777 note; Public Law 106-502) is amended by inserting ``or a terminal 
lake'' before the period at the end.
    (b) Authorization of Appropriations.--Section 10(a) of the 
Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 
777 note; Public Law 106-502) is amended by striking ``$15,000,000 
through 2021'' and inserting ``$25,000,000 for each of fiscal years 
2021 through 2027''.
                                 <all>
```