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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8166 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 8166

 To support surface and groundwater storage and supporting projects in 
              Reclamation States, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 4, 2020

   Mr. Cox of California (for himself, Mr. Costa, and Mr. Garamendi) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To support surface and groundwater storage and supporting projects in 
              Reclamation States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Western Water Storage Infrastructure 
Act''.

SEC. 2. SURFACE AND GROUNDWATER STORAGE AND SUPPORTING PROJECTS.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
                    (C) the Committee on Appropriations of the Senate;
                    (D) the Committee on Energy and Natural Resources 
                of the Senate;
            (2) Design; study.--The terms ``design'' and ``study'' 
        include any design, permitting, materials engineering or 
        testing, surveying, or preconstruction activity relating to a 
        water storage facility.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) any State, political subdivision of a State, 
                department of a State, or public agency organized 
                pursuant to State law;
                    (B) an Indian tribe (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 5304)) or an entity controlled by an Indian 
                tribe;
                    (C) a water users' association;
                    (D) an agency established by an interstate compact; 
                or
                    (E) an agency established under State law for the 
                joint exercise of powers.
            (4) Federally owned storage project.--The term ``federally 
        owned storage project'' means any project in a Reclamation 
        State--
                    (A) that involves the construction, expansion, 
                upgrade, or capital repair of--
                            (i) a surface or groundwater storage 
                        facility; or
                            (ii) a facility conveying water to or from 
                        surface or groundwater storage;
                    (B) to which the United States holds title; and
                    (C) that was authorized to be constructed, 
                operated, and maintained pursuant to--
                            (i) the Reclamation laws; or
                            (ii) the Act of August 11, 1939 (commonly 
                        known as the ``Water Conservation and 
                        Utilization Act'') (16 U.S.C. 590y et seq.).
            (5) Non-federal storage project.--The term ``non-Federal 
        storage project'' means any facility or project in a 
        Reclamation State that--
                    (A) involves the construction, expansion, upgrade, 
                or capital repair by an eligible entity of--
                            (i) a surface or groundwater storage 
                        project to which the United States does not 
                        hold title; or
                            (ii) a facility conveying water to or from 
                        surface or groundwater storage to which the 
                        United States does not hold title; and
                    (B) the construction, expansion, upgrade, or 
                capital repair of such facility or project provides a 
                Federal benefit in accordance with Reclamation laws 
                (including regulations).
            (6) Reclamation laws.--The term ``Reclamation laws'' means 
        Federal Reclamation law (the Act of June 17, 1902 (32 Stat. 
        388, chapter 1093), and Acts supplemental to and amendatory of 
        that Act.
            (7) 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).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Grant Program.--The Secretary may provide a grant under this 
section to an eligible entity to carry out, within a Reclamation 
State--
            (1) a federally owned storage project in accordance with 
        subsection (c); or
            (2) a non-Federal storage project in accordance with 
        subsection (d).
    (c) Federally Owned Storage Projects.--
            (1) In general.--Subject to the requirements of this 
        section, on request of an eligible entity, the Secretary may 
        negotiate and enter into an agreement on behalf of the United 
        States for the design, study, construction, expansion, upgrade, 
        or capital repair of a federally owned storage project in an 
        amount equal to not more than 50 percent of the total cost of 
        the federally owned storage project.
            (2) Conditions for federal construction funding.--The 
        construction of a federally owned storage project that is the 
        subject of an agreement under this section shall not commence 
        until the Secretary--
                    (A) determines that--
                            (i) the federally owned storage project is 
                        feasible in accordance with the Reclamation 
                        laws;
                            (ii) the federally owned storage project 
                        provides a Federal benefit in accordance with 
                        the Reclamation laws; and
                            (iii) in return for the Federal cost-share 
                        investment, not less than a proportionate share 
                        of the benefits of the federally owned storage 
                        project are Federal benefits, including water 
                        supplies dedicated to specific purposes, such 
                        as water quality improvements or fish and 
                        wildlife protection and restoration, including 
                        a wildlife refuge; and
                    (B) secures an agreement providing such funding as 
                is necessary to pay the non-Federal share of the 
                capital costs of the federally owned storage project.
            (3) Notification.--The Secretary shall submit to the 
        appropriate committees of Congress a written notification that 
        an agreement that satisfies the requirements in paragraph 
        (2)(B) has been secured not later than 30 days after the 
        agreement is secured.
            (4) Expansion or upgrade.--The Secretary shall require, as 
        a condition for design, study, or any other participation in 
        the expansion or upgrade of a federally owned storage project, 
        the agreement of--
                    (A) if applicable, any entity that has an existing 
                water service contract or repayment contract for more 
                than 60 percent of the capacity or yield of the 
                federally owned storage project, that the expansion 
                will not adversely affect any right or interest of the 
                entity under the water service contract or repayment 
                contract, as applicable; and
                    (B) if applicable, a non-Federal entity that, 
                pursuant to a formal operations and maintenance 
                transfer contract or other legal agreement with the 
                Secretary carries out the operations and maintenance of 
                the federally owned storage project.
    (d) Non-Federal Storage Projects.--
            (1) In general.--Subject to the requirements of this 
        section, the Secretary may participate in the design, study, 
        construction, expansion, upgrade, or capital repair of a non-
        Federal storage project in an amount equal to not more than 25 
        percent of the total cost of the non-Federal storage project.
            (2) Conditions for federal design and study funding.--The 
        Secretary shall only participate in the design or study of a 
        non-Federal storage project under this section if--
                    (A) the Governor, political subdivision, 
                department, or public agency of the State in which the 
                non-Federal storage project is located supports Federal 
                funding of the non-Federal storage project; and
                    (B) the Secretary has identified the potential for 
                Federal benefit sufficient to proceed.
            (3) Conditions for federal construction, expansion, 
        upgrade, or capital repair funding.--Participation by the 
        Secretary in the construction, expansion, upgrade, or capital 
        repair of a non-Federal storage project under this section 
        shall be by negotiated agreement between the United States and 
        the applicable non-Federal entity, and shall not occur unless--
                    (A) the Governor, political subdivision, 
                department, or public agency of the State in which the 
                non-Federal storage project is located supports Federal 
                funding for the project; and
                    (B) the applicable eligible entity determines, and 
                the Secretary concurs, that--
                            (i) the non-Federal storage project is 
                        technically and financially feasible in 
                        accordance with guidelines established by the 
                        Secretary;
                            (ii) the non-Federal storage project 
                        provides a Federal benefit in accordance with 
                        the Reclamation laws;
                            (iii) in return for the Federal cost-share 
                        investment, not less than a proportionate share 
                        of the benefits of the non-Federal storage 
                        project are Federal benefits, including water 
                        supplies dedicated to specific purposes, such 
                        as water quality improvements or fish and 
                        wildlife protection and restoration, including 
                        a wildlife refuge; and
                            (iv) each entity participating in the non-
                        Federal project is financially capable of 
                        funding its proportionate share of the non-
                        Federal share of the project costs.
                    (C) Not less than $10,000,000 of the funding 
                identified in subsection (g) shall be allocated to non-
                Federal storage projects that further the Department of 
                the Interior's priority of sustainably developing 
                natural resources and are--
                            (i) included in the Bureau of Reclamation's 
                        2015 Water Management Goal Investment Strategy 
                        Final Report;
                            (ii) capable of providing water to a 
                        Federal wildlife refuge;
                            (iii) equipped with an approved fish 
                        screen; and
                            (iv) have both conveyance and recirculation 
                        benefits.
            (4) Notification.--The Secretary shall submit to the 
        appropriate committees of Congress a written notification that 
        an agreement that satisfies the requirements in paragraph (2) 
        has been secured not later than 30 days after the agreement is 
        secured.).
            (5) Information.--
                    (A) In general.--In participating in a non-Federal 
                storage project under this section, the Secretary--
                            (i) shall--
                                    (I) generally, rely on reports 
                                prepared by an eligible entity 
                                participating in the non-Federal 
                                storage project, including feasibility 
                                or equivalent studies, environmental 
                                analyses, and other pertinent reports 
                                and analyses; but
                                    (II) retain responsibility for 
                                making the independent determinations 
                                described in paragraphs (2) and (3); 
                                and
                            (ii) may prepare studies supplementary to 
                        the studies described in clause (i)(I), on 
                        request of the eligible entity participating in 
                        the non-Federal storage project.
                    (B) Guidelines.--
                            (i) Draft guidelines.--Not later than 180 
                        days after the date of the enactment of this 
                        Act, the Secretary shall issue draft guidelines 
                        for determining whether a non-Federal storage 
                        project is financially feasible. The guidelines 
                        shall be consistent with and meet the 
                        requirements in title XVI of Public Law 102-575 
                        for a feasibility study report, including the 
                        economic analysis contained in the Reclamation 
                        Manual Directive & Standard Title XVI Water 
                        Reclamation and Reuse Program Feasibility Study 
                        Review Process (WTR 11-01), subject to--
                                    (I) any additional requirements 
                                necessary to provide sufficient 
                                information for making the independent 
                                determinations described in paragraphs 
                                (2) and (3); and
                                    (II) the condition that the Bureau 
                                of Reclamation shall not bear 
                                responsibility for the technical 
                                adequacy of any design, study, cost 
                                estimate, construction, expansion, 
                                upgrade, or capital repair relating to 
                                a non-Federal storage project.
                            (ii) Final guidelines.--Not later than 1 
                        year after the date of the enactment of this 
                        Act, the Secretary shall finalize the 
                        guidelines issued under clause (i).
    (e) Rights To Use Capacity.--
            (1) Federally owned storage project.--The right to use the 
        capacity of a federally owned storage project that was 
        designed, studied, constructed, expanded, upgraded, or repaired 
        under this Act shall be allocated in such manner as may be 
        mutually agreed to by the Secretary and the party or parties to 
        the agreement executed pursuant to subsection (c)(1).
            (2) Non-federal storage project.--The right to use the 
        capacity of a non-Federal storage project that was designed, 
        studied, constructed, expanded, upgraded, or repaired under 
        this Act shall be allocated in such manner as may be mutually 
        agreed to by the Secretary and the relevant eligible entity or 
        entities.
    (f) Federal Benefits.--In making a determination relating to 
Federal benefits under this Act, the Secretary may consider any benefit 
realized from the existence of operational flexibility to optimize the 
achievement of any authorized project purpose (whether reimbursable or 
nonreimbursable), including through the coordinated management of 
Federal and non-Federal facilities.
    (g) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this section 
        $800,000,000 for the period of fiscal years 2021 through 2025.
            (2) Congressional approval initially required.--
                    (A) Design and study funding.--A federally owned 
                storage project or a non-Federal storage project shall 
                only receive initial design or study funding under this 
                Act if the project is designated funding by name in an 
                Act of appropriation.
                    (B) Construction funding.--A federally owned 
                storage project or a non-Federal storage project shall 
                only receive initial construction funding under this 
                Act if the project is designated funding by name in an 
                Act of appropriations.
                    (C) Reclamation recommendations.--
                            (i) In general.--Subject to clause (ii), 
                        the Secretary shall submit to the appropriate 
                        committees of Congress recommendations 
                        regarding the initial award of design and study 
                        funding, and of construction funding, for each 
                        federally owned storage project and non-Federal 
                        storage project subject to consideration under 
                        subparagraphs (A) and (B).
                            (ii) Requirement.--The Secretary shall 
                        confer with the appropriate committees of 
                        Congress before submitting the recommendations 
                        under clause (i).
            (3) Subsequent funding awards.--
                    (A) Design and study funding.--After a federally 
                owned storage project or a non-Federal storage project 
                receives an initial award of design or study funding 
                under paragraph (2), additional design or study funding 
                for that project shall not be subject to paragraph (2).
                    (B) Construction funding.--After a federally owned 
                storage project or a non-Federal storage project 
                receives an initial award of construction funding under 
                paragraph (2), additional construction funding for that 
                project shall not be subject to paragraph (2).
            (4) Preliminary studies.--Of the amounts made available 
        under paragraph (1), not more than 25 percent shall be provided 
        for appraisal studies, feasibility studies, or other 
        preliminary studies.
            (5) WIIN act storage funding.--
                    (A) Appropriations.--Each federally owned storage 
                project and non-Federal storage project shall be 
                eligible to receive any amounts made available pursuant 
                to section 4007(h) of the Water Infrastructure 
                Improvements for the Nation Act (43 U.S.C. 390b note; 
                Public Law 114-322) (as in effect on the day before the 
                date of the enactment of this Act), in accordance with 
                paragraphs (2) and (3).
                    (B) Individual projects.--
                            (i) Federally owned storage projects.--If 
                        the Secretary determines that a federally owned 
                        storage project is eligible for funding under 
                        section 4007(b) of the Water Infrastructure 
                        Improvements for the Nation Act (43 U.S.C. 390b 
                        note; Public Law 114-322), the federally owned 
                        storage project shall remain eligible for 
                        funding under subsection (c).
                            (ii) Non-federal storage projects.--If the 
                        Secretary determines that a non-Federal storage 
                        project is eligible for funding as a State-led 
                        storage project under section 4007(c) the Water 
                        Infrastructure Improvements for the Nation Act 
                        (43 U.S.C. 390b note; Public Law 114-322), the 
                        non-Federal storage project shall remain 
                        eligible for funding under subsection (d).
    (h) Consistency With State Law.--Nothing in this section preempts 
or modifies any obligation of the United States or an eligible entity 
to act in accordance with applicable State law.

SEC. 3. DELTA OPERATIONS.

    Section 4013 of the Water Infrastructure Improvements for the 
Nation Act (130 Stat. 1883) is amended--
            (1) in the first sentence, by striking ``5'' and inserting 
        ``13'';
            (2) in paragraph (1)--
                    (A) by striking ``10'' and inserting ``18''; and
                    (B) by striking ``and'' at the end; and
            (3) in paragraph (2), by inserting ``; and (3) section 
        4007, which shall expire 5 years after the date of its 
        enactment'' before the final period.

SEC. 4. CALFED.

    (a) Partnership and Agreements Relating to Certain Water Storage 
Projects.--The Secretary of the Interior may enter into a partnership 
or other agreement relating to a water storage project described in 
section 103 of the Calfed Bay-Delta Authorization Act (Public Law 108-
361; 118 Stat. 1683) with a local joint-powers authority established 
pursuant to State law by 1 or more irrigation districts or other local 
water districts or units of local government within the applicable 
hydrologic region, to advance the project.
    (b) Reauthorization.--Title I of the Calfed Bay-Delta Authorization 
Act (Public Law 108-361; 118 Stat. 1681; 123 Stat. 2860; 128 Stat. 164; 
128 Stat. 2312; 129 Stat. 2407; 130 Stat. 1866) is amended by striking 
``2020'' each place it appears and inserting ``2024''.

SEC. 5. SAVINGS CLAUSE.

    Nothing in this Act or an amendment made by this Act shall be 
interpreted or implemented in a manner that--
            (1) preempts or modifies any obligation of the United 
        States or an eligible entity under Federal law to act in 
        accordance with applicable State law, including applicable 
        State water law; or
            (2) affects or modifies any obligation under applicable 
        Federal environmental law.
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