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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5439 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5439

  To provide for water conservation, drought operations, and drought 
   resilience at water resources development projects, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 5, 2024

Mr. Kelly (for himself and Mr. Padilla) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL

 
  To provide for water conservation, drought operations, and drought 
   resilience at water resources development projects, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drought Resilient Infrastructure Act 
of 2024''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Army.

SEC. 3. DECLARATION OF POLICY.

    (a) In General.--It is the policy of the United States for the 
Corps of Engineers, consistent with applicable statutory authorities--
            (1) to maximize opportunities for water supply, water 
        conservation measures, and drought resiliency efforts at and in 
        the operation of water resources development projects;
            (2) in accordance with section 301(a) of the Water Supply 
        Act of 1958 (43 U.S.C. 390b(a)), to participate and cooperate 
        with States and local interests in developing water supplies 
        for domestic, municipal, industrial, and other authorized 
        purposes in connection with the construction, maintenance, and 
        operation of water resources development projects; and
            (3) in coordination with non-Federal interests, to enable 
        the adoption of water conservation measures and drought 
        resiliency measures that are in alignment with the authorized 
        purposes of water resources development projects.
    (b) Full Consideration.--In support of subsection (a), the 
Secretary shall give full consideration to requests and proposals from 
non-Federal interests to utilize the authorities of the Corps of 
Engineers in furtherance of water supply features, water conservation 
measures, and drought resiliency efforts that are in alignment the 
authorized purposes of water resources development projects.
    (c) Limitation.--Nothing in this section--
            (1) affects, modifies, or changes--
                    (A) the authority of a State to manage, use, or 
                allocate the water resources of that State;
                    (B) any water right in existence on the date of 
                enactment of this Act;
                    (C) any existing water supply agreements between 
                the Secretary and a non-Federal interest;
                    (D) the authorized purposes of a water resources 
                development project; or
                    (E) any existing Corps of Engineers authorities;
            (2) preempts or affects any State water law or interstate 
        compact governing water;
            (3) diminishes the other priorities and the primary or 
        secondary missions of the Corps of Engineers; or
            (4) shall be interpreted to supersede or modify any written 
        agreement between the Federal Government and a non-Federal 
        interest that is in effect on the date of enactment of this 
        Act.

SEC. 4. FORECAST-INFORMED RESERVOIR OPERATIONS.

    (a) In General.--In updating a water control manual for any 
reservoir constructed, owned, or operated by the Secretary, including a 
reservoir for which the Secretary is authorized to prescribe 
regulations for the use of storage allocated for flood control or 
navigation pursuant to section 7 of the Act of December 22, 1944 
(commonly known as the ``Flood Control Act of 1944'') (58 Stat. 890, 
chapter 665; 33 U.S.C. 709), the Secretary shall, to the maximum extent 
practicable, incorporate the use of forecast-informed reservoir 
operations, subject to the availability of appropriations.
    (b) Guidelines.--The Secretary, in coordination with relevant 
Federal and State agencies and non-Federal interests, shall issue clear 
and concise guidelines for incorporating the use of forecast-informed 
reservoir operations into water control manuals for reservoirs 
described in subsection (a).
    (c) Assessment.--
            (1) Requirement.--The Secretary shall carry out an 
        assessment of geographically diverse reservoirs described in 
        subsection (a) to determine the viability of using forecast-
        informed reservoir operations at such reservoirs.
            (2) Priority areas.--In carrying out the assessment 
        described in paragraph (1), the Secretary shall include an 
        assessment of--
                    (A) each reservoir located in the South Pacific 
                Division of the Corps of Engineers; and
                    (B) reservoirs located in each of the Northwestern 
                Division and the South Atlantic Division of the Corps 
                of Engineers.
            (3) Consultation.--In carrying out this subsection, the 
        Secretary shall consult with relevant Federal and State 
        agencies and non-Federal interests.
    (d) Savings Provision.--Nothing in this section preempts or affects 
any State water law or any interstate compact governing water, or 
otherwise restricts, affects, or amends any other law or the authority 
of any department, instrumentality, or agency of the United States 
related to the operation of reservoirs described in subsection (a).

SEC. 5. UPDATES TO CERTAIN WATER CONTROL MANUALS.

    Section 8109 of the Water Resources Development Act of 2022 (136 
Stat. 3702) is amended by inserting ``or that incorporate the use of 
forecast-informed reservoir operations into such manuals'' before the 
period at the end.

SEC. 6. EMERGENCY DROUGHT OPERATIONS PILOT PROGRAM.

    (a) Definition of Covered Project.--In this section, the term 
``covered project'' means a project--
            (1) that is located in the State of California, the State 
        of Nevada, or the State of Arizona; and
            (2)(A) of the Corps of Engineers for which water supply is 
        an authorized purpose; or
            (B) for which the Secretary develops a water control manual 
        under section 7 of the Act of December 22, 1944 (commonly known 
        as the ``Flood Control Act of 1944'') (58 Stat. 890, chapter 
        665; 33 U.S.C. 709).
    (b) Emergency Operation During Drought.--Consistent with other 
authorized project purposes and in coordination with the non-Federal 
interest, in operating a covered project during a drought emergency in 
the project area, the Secretary may carry out a pilot program to 
operate the covered project with water supply as the primary project 
purpose.
    (c) Updates.--In carrying out this section, the Secretary may 
update the water control manual for a covered project to include 
drought operations and contingency plans.
    (d) Requirements.--In carrying out subsection (b), the Secretary 
shall ensure that--
            (1) operations described in that subsection--
                    (A) are consistent with water management deviations 
                and drought contingency plans in the water control 
                manual for the covered project;
                    (B) impact only the flood pool managed by the 
                Secretary; and
                    (C) shall not be carried out in the event of a 
                forecast or anticipated flood or weather event that 
                would require flood risk management to take precedence;
            (2) to the maximum extent practicable, the Secretary uses 
        forecast-informed reservoir operations; and
            (3) the covered project returns to the operations that were 
        in place prior to the use of the authority provided under that 
        subsection at a time determined by the Secretary, in 
        coordination with the non-Federal interest.
    (e) Contributed Funds.--The Secretary may receive and expend funds 
contributed by a non-Federal interest to carry out activities under 
this section.
    (f) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report on the pilot program carried out under 
        this section.
            (2) Inclusions.--The Secretary shall include in the report 
        under paragraph (1) a description of the activities of the 
        Secretary that were carried out for each covered project and 
        any lessons learned from carrying out those activities.
    (g) Limitations.--Nothing in this section--
            (1) affects, modifies, or changes the authorized purposes 
        of a covered project;
            (2) affects existing Corps of Engineers authorities, 
        including authorities with respect to navigation, hydropower, 
        flood damage reduction, and environmental protection and 
        restoration;
            (3) affects the ability of the Corps of Engineers to 
        provide for temporary deviations;
            (4) affects the application of a cost-share requirement 
        under section 101, 102, or 103 of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2211, 2212, 2213);
            (5) supersedes or modifies any written agreement between 
        the Federal Government and a non-Federal interest that is in 
        effect on the date of enactment of this Act;
            (6) supersedes or modifies any amendment to an existing 
        multistate water control plan for the Colorado River Basin, if 
        applicable;
            (7) affects any water right in existence on the date of 
        enactment of this Act;
            (8) preempts or affects any State water law or interstate 
        compact governing water;
            (9) affects existing water supply agreements between the 
        Secretary and a non-Federal interest; or
            (10) affects any obligation to comply with the provisions 
        of any Federal or State environmental law, including--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    (C) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).

SEC. 7. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED WATER SUPPLY.

    Section 1118(i) of Water Resources Development Act of 2016 (43 
U.S.C. 390b-2(i)) is amended by striking paragraph (2) and inserting 
the following:
            ``(2) Contributed funds for other federal reservoir 
        projects.--
                    ``(A) In general.--The Secretary is authorized to 
                receive and expend funds from a non-Federal interest or 
                a Federal agency that owns a Federal reservoir project 
                described in subparagraph (B) to formulate, review, or 
                revise operational documents pursuant to a proposal 
                submitted in accordance with subsection (a) for such a 
                Federal reservoir project.
                    ``(B) Federal reservoir projects described.--A 
                Federal reservoir project referred to in subparagraph 
                (A) is a reservoir for which the Secretary is 
                authorized to prescribe regulations for the use of 
                storage allocated for flood control or navigation 
                pursuant to section 7 of the Act of December 22, 1944 
                (commonly known as the `Flood Control Act of 1944') (58 
                Stat. 890, chapter 665; 33 U.S.C. 709).''.

SEC. 8. STUDIES FOR MODIFICATION OF PROJECT PURPOSES IN THE COLORADO 
              RIVER BASIN IN ARIZONA.

    (a) Study.--The Secretary shall carry out a study of a project of 
the Corps of Engineers in the Colorado River Basin in the State of 
Arizona to determine whether to include water supply as a project 
purpose of that project if a request for such a study to modify the 
project purpose is made to the Secretary by--
            (1) the non-Federal interest for the project; or
            (2) in the case of a project for which there is no non-
        Federal interest, the Governor of the State of Arizona.
    (b) Coordination.--The Secretary, to the maximum extent 
practicable, shall coordinate with relevant State and local authorities 
in carrying out this section.
    (c) Recommendations.--If, after carrying out a study under 
subsection (a) with respect to a project described in that subsection, 
the Secretary determines that water supply should be included as a 
project purpose for that project, the Secretary shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a recommendation for the modification of the project 
purpose of that project.

SEC. 9. INVASIVE SPECIES THAT EXACERBATE DROUGHT.

    Section 206 of the Water Resources Development Act of 1996 (33 
U.S.C. 2330) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(4) Drought resilience.--A project under this section may 
        include measures that enhance drought resilience through the 
        restoration of wetlands or the removal of invasive species.'';
            (2) in subsection (b), by adding at the end the following:
            ``(3) Anadromous fish.--Notwithstanding paragraph (1), for 
        projects carried out under subsection (a)(3), the non-Federal 
        interest shall provide 15 percent of the cost of construction, 
        including provision of all lands, easements, rights-of-way, and 
        necessary relocations.'';
            (3) in subsection (d), by striking ``$10,000,000'' and 
        inserting ``$15,000,000''; and
            (4) in subsection (f), by striking ``$62,500,000'' and 
        inserting ``$75,000,000''.

SEC. 10. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT OR 
              DROUGHT RESILIENCY.

    Section 1135 of the Water Resources Development Act of 1986 (33 
U.S.C. 2309a) is amended--
            (1) in the section heading, by inserting ``or Drought 
        Resiliency'' after ``Environment'';
            (2) in subsection (a)--
                    (A) by striking ``for the purpose of improving'' 
                and inserting the following: ``for the purpose of--
            ``(1) improving'';
                    (B) in paragraph (1) (as so designated), by 
                striking the period at the end and inserting ``; or''; 
                and
                    (C) by adding at the end the following:
            ``(2) providing drought resiliency.'';
            (3) in subsection (b), by striking ``(2) will improve'' and 
        inserting ``(2) will provide for drought resilience or will 
        improve'';
            (4) in subsection (d), in the third sentence, by striking 
        ``$10,000,000'' and inserting ``$15,000,000'';
            (5) in subsection (h), by striking ``$50,000,000'' and 
        inserting ``$62,000,000''; and
            (6) by adding at the end the following:
    ``(j) Drought Resilience.--Drought resilience measures carried out 
under this section may include--
            ``(1) water conservation measures to mitigate and address 
        drought conditions;
            ``(2) removal of sediment captured behind a dam for the 
        purpose of restoring or increasing the authorized storage 
        capacity of the project concerned;
            ``(3) the planting of native plant species that will reduce 
        the risk of drought and the incidence of nonnative species; and
            ``(4) other actions that increase drought resilience, water 
        conservation, or water availability.''.

SEC. 11. SILVER JACKETS PROGRAM.

    The Secretary shall continue the Silver Jackets program established 
by the Secretary pursuant to section 206 of the Flood Control Act of 
1960 (33 U.S.C. 709a) and section 204 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5134).
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