II 

114TH CONGRESS 

1ST SESSION S. 1837 

To provide drought assistance and improved water supply reliability to the 

State of California, other western States, and the Nation. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2015 

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To provide drought assistance and improved water supply 

reliability to the State of California, other western 

States, and the Nation. 

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; FINDINGS. 

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

5 ‘‘Drought Recovery and Resilience Act of 2015’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents; findings. 

TITLE I—EMERGENCY DROUGHT RESPONSE APPROPRIATIONS 

FROM RECLAMATION FUND 

Sec. 101. Appropriations to be derived from Reclamation Fund. 


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Sec. 102. Supplemental appropriations for drought relief. 

Sec. 103. Supplemental appropriations for the Environmental Protection Agency. 

Sec. 104. Supplemental appropriations for the Water Infrastructure Finance 

and Innovation Act program. 

TITLE II—NEW WATER INFRASTRUCTURE PROGRAM 

AUTHORIZATIONS 

Subtitle A—New Water Recycling and Reclamation Program Through EPA 

Sec. 201. Short title; findings; purposes. 

Sec. 202. National Water Recycling and Reclamation Program. 

Subtitle B—Reclamation Infrastructure Finance and Innovation Act (RIFIA) 

Sec. 210. Short title; purposes; definitions. 

CHAPTER 1—INNOVATIVE FINANCING

Sec. 211. Purposes. 

Sec. 212. Authority to provide assistance. 

Sec. 213. Applications. 

Sec. 214. Eligibility for assistance. 

Sec. 215. Determination of eligibility and project selection. 

Sec. 216. Secured loans. 

Sec. 217. Program administration. 

Sec. 218. State and local permits. 

Sec. 219. Regulations. 

Sec. 220. Funding. 

Sec. 221. Report to Congress. 

CHAPTER 2—INTEGRATED REGIONAL WATER MANAGEMENT, RECLAMATION, 

AND RECYCLING PROJECTS

Sec. 231. Water storage projects. 

Sec. 232. Authorization of appropriations. 

CHAPTER 3—RECLAMATION TITLE TRANSFER PROGRAM

Sec. 241. Short title; definitions. 

Sec. 242. Authorization of title transfer program. 

Sec. 243. Compliance with environmental and historic preservation laws. 

Sec. 244. Eligibility criteria. 

Sec. 245. Liability. 

Sec. 246. Benefits. 

Sec. 247. Compliance with other laws. 

Sec. 248. Authorization of appropriations. 

Sec. 249. Termination of authority. 

Subtitle C—Innovative Stormwater Capture Program 

Sec. 251. Short title. 

Sec. 252. Purposes and findings. 

Sec. 253. Definitions. 

Sec. 254. Centers of Excellence for innovative stormwater control infrastructure. 

Sec. 255. Innovative stormwater control infrastructure project grants. 


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Sec. 256. Environmental Protection Agency innovative stormwater control infrastructure promotion. 

Sec. 257. Report to Congress. 

Sec. 258. Authorization of appropriations. 

TITLE III—IMPROVED INFRASTRUCTURE AND WATER 

MANAGEMENT 

Subtitle A—Restoring America’s Watersheds and Increasing Water Yields 

Sec. 301. Short title. 

Sec. 302. Findings. 

Sec. 303. Water Source Protection Program. 

Sec. 304. Watershed Condition Framework. 

Sec. 305. Forest Service Legacy Roads and Trails Remediation Program. 

Sec. 306. Reauthorization of the Collaborative Forest Landscape Restoration 

Fund. 

Subtitle B—Reservoir Operation Improvement 

Sec. 311. Short title. 

Sec. 312. Projects, plans, and reports. 

Subtitle C—Reclamation Projects for Renewable Energy To Reduce 

Evaporation Loss 

Sec. 320. Findings and purpose. 

Sec. 321. Definitions. 

Sec. 322. Evaluation and report. 

Sec. 323. Development of solar and wind energy on covered land. 

Sec. 324. Royalties. 

Sec. 325. Disposition of royalty revenue. 

Subtitle D—Improved Reclamation Crop Data 

Sec. 331. Definitions. 

Sec. 332. Determination of planting of water-intense permanent crops. 

Sec. 333. Report related to water-intense permanent crops. 

Subtitle E—Improved Oversight of State Injection Wells 

Sec. 341. Amendment to the Safe Drinking Water Act. 

Subtitle F—Combating Water Theft for Illegal Marijuana Cultivation 

Sec. 351. Policy directive on illegal water diversion for marijuana cultivation. 

Sec. 352. Environmental reporting requirements for Domestic Cannabis Eradication program. 

Sec. 353. Trespass marijuana location registry. 

Sec. 354. Funding for remediation of trespass marijuana sites. 

Sec. 355. Voluntary guidelines. 

Sec. 356. Research program. 

Subtitle G—SECURE Water Amendments 

Sec. 361. Authorized activities; eligibility; authorization of appropriations. 

Sec. 362. Authorization of appropriations for national water availability and 

use assessment program. 


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Subtitle H—Refundable Tax Credit for Water-Harvesting Systems 

Sec. 371. Refundable tax credit for water-harvesting systems. 

Subtitle I—Funding for Construction for Additional Project Benefits 

Sec. 381. Funding for construction for additional project benefits. 

Subtitle J—Open Water Data System 

Sec. 391. Open water data system. 

TITLE IV—PLANNING FOR THE FUTURE 

Subtitle A—X-Prize for Desalination Breakthroughs 

Sec. 401. Short title. 

Sec. 402. Water technology award program. 

Subtitle B—Drought Planning Assistance Through NRCS and Reclamation 

Sec. 411. Drought Planning Assistance through NRCS and Reclamation. 

Subtitle C—Drought Preparedness for Fisheries 

Sec. 421. Drought Preparedness for Fisheries. 

Subtitle D—National Emergency Planning Response 

Sec. 431. National Emergency Planning Response. 

Subtitle E—Military Preparedness for Desalination 

Sec. 441. Report on desalinization technology. 

1 (c) FINDINGS.—Congress finds the following: 

2 (1) That, as expressed in the Water Supply Act 

3 of 1958, Congress has recognized the primary re4 sponsibilities of the States and local interests in de5 veloping water supplies for domestic, municipal, in6 dustrial, and other purposes, and that the Federal 

7 Government should participate and cooperate in 

8 these projects. 

9 (2) That there is a long and robust legal prece10 dent of Federal deference to State primacy in water 

11 law and the legal system that States establish for reVerDate Sep 11 2014 02:36 Jul 24, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1837.IS S1837

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1 solving disputes over water use, with the Supreme 

2 Court finding in Kansas v. Colorado that ‘‘Congress 

3 cannot enforce either rule upon any state’’ in mat4 ters of the right regulation of water rights. 

5 (3) That, as established in the Proclamation of 

6 a State of Emergency issued by the Governor of the 

7 State of California on January 17, 2014, California 

8 is experiencing record dry conditions, all regions of 

9 the State are impacted by the drought, and these ex10 tremely dry conditions have persisted since 2012 and 

11 are likely to persist beyond this year and more regu12 larly into the future. 

13 (4) That the State of California is not alone in 

14 the prospects for long-term drought, and that the 

15 entire American West and Southwest are facing 

16 forecasts of prolonged droughts that will leave States 

17 facing major water shortages and catastrophic 

18 wildfires. 

19 (5) That the prolonged period of drought in the 

20 American West has also occurred with higher tem21 peratures throughout the State of California, reduc22 ing snowpack and leading to what climate scientists 

23 conclude may be the most severe drought in over 

24 1,200 years. 


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1 (6) That the Colorado River has been under 

2 drought conditions since 2000, and that the chances 

3 of a ‘‘megadrought’’ striking the Southwest and cen4 tral Great Plains are on the rise according to fore5 casts from climate scientists. 

6 (7) That the United States should utilize all ex7 isting authorities and resources made available by 

8 the Agricultural Act of 2014, that over $500 million 

9 in assistance has already been dedicated to assisting 

10 agricultural users and rural communities in Cali11 fornia and other drought-impacted areas, and that 

12 the United States Department of Agriculture should 

13 continue to prioritize such assistance to bring relief 

14 to drought-impacted areas. 

15 (8) That this drought emergency requires an 

16 immediate and credible response that respects State, 

17 local, and tribal law, and that the policies that re18 spond to the drought should not pit State against 

19 State, region against region, or stakeholders against 

20 one another. 

21 (9) That Federal agencies should continue to 

22 operate the Bureau of Reclamation’s Central Valley 

23 Project in California in compliance with all Federal 

24 and State laws, including biological opinions, while 

25 working with the State to maximize operational 


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1 flexibility in order to deliver as much water as rea2 sonably possible to drought-impacted areas and min3 imize the harm suffered by fish and wildlife as a re4 sult of the drought. 

5 (10) That Congress recognizes the range of sep6 arate, distinct Federal agencies with authorities and 

7 resources that play a role in water supply, including 

8 treatment and remediation of groundwater, surface 

9 water storage, water recycling and reuse, and other 

10 clean water infrastructure, and that to avoid dupli11 cation and ensure the efficiency and effectiveness of 

12 these various Federal roles, there is a need for im13 proved coordination, streamlining, and collaboration, 

14 both among Federal agencies and with drought-im15 pacted States and localities. 

16 (11) That it is the policy of the United States 

17 to respect California’s coequal goals, established by 

18 the Delta Reform Act of 2009, of providing a more 

19 reliable water supply for California and protecting, 

20 restoring, and enhancing the Delta ecosystem, and 

21 that these coequal goals shall be achieved in a man22 ner that protects and enhances the unique cultural, 

23 recreational, natural resource, and agricultural val24 ues of the Delta as an evolving place. 


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1 (12) That the State of California, in CA Water 

2 Code Section 85021, has established a policy to re3 duce reliance on the Delta in meeting California’s 

4 future water supply needs through a statewide strat5 egy of investing in improved regional supplies, con6 servation, and water use efficiency, that California 

7 law directs each region that depends on water from 

8 the Delta watershed to improve its regional self-reli9 ance for water through investment in water use effi10 ciency, water recycling, advanced water technologies, 

11 local and regional water supply projects, and im12 proved regional coordination of local and regional 

13 water supply efforts, and that it is the intent of 

14 Congress to ensure that Federal programs, policies, 

15 and investments respect and compliment, and do not 

16 undermine or conflict with, California’s policy of re17 ducing reliance on Delta diversions. 

18 (13) That the Reclamation Fund was estab19 lished in 1902 with the expressed purpose of pro20 viding for the construction and maintenance of 

21 water infrastructure for the economic development of 

22 the western States and territories, with revenues de23 posited into the fund out of public land sales within 

24 these western States and territories. 


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1 (14) That since 1902, the Reclamation Fund 

2 has been supplemented with additional revenues 

3 from Federal water resources development and min4 eral and natural resource leases on Federal lands, 

5 such that the surplus within the Reclamation Fund 

6 now exceeds $10 billion. 

7 (15) That the Reclamation Fund represents a 

8 transfer of a portion of receipts from Federal lands 

9 and Federal natural resources in the West back to 

10 the West for water development, and that in this 

11 time of drought the Reclamation Fund’s surplus 

12 should be used to assist the West in meeting its 

13 water needs for public health and safety, for expand14 ing water recycling, reuse, and reclamation, for 

15 meeting the emergency needs of communities im16 pacted by the drought, and for developing long-term 

17 solutions to meet the impacts of climate change on 

18 this already arid region of the country. 

19 TITLE I—EMERGENCY DROUGHT 

20 RESPONSE APPROPRIATIONS 

21 FROM RECLAMATION FUND 

22 SEC. 101. APPROPRIATIONS TO BE DERIVED FROM REC23 LAMATION FUND. 

24 Amounts made available under this title shall be de25 rived from the reclamation fund established by section 1 


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1 of the Act of June 17, 1902 (42 U.S.C. 391; popularly 

2 known as the ‘‘Reclamation Act’’), and shall remain avail3 able until expended. 

4 SEC. 102. SUPPLEMENTAL APPROPRIATIONS FOR 

5 DROUGHT RELIEF. 

6 (a) IN GENERAL.—Subject to subsection (b), the fol7 lowing sums are appropriated, out of any money in the 

8 Treasury not otherwise appropriated, for fiscal year 2015: 

9 (1) WATER AND RELATED RESOURCES.—For 

10 an additional amount for ‘‘Department of the Inte11 rior—Bureau of Reclamation—Water and Related 

12 Resources’’, $300,000,000, of which not less than 

13 $100,000,000 shall be for water reclamation and 

14 reuse projects authorized under title XVI of Public 

15 Law 102–575; of which not less than $100,000,000 

16 shall be for WaterSMART for assistance under the 

17 Reclamation States Emergency Drought Relief Act 

18 of 1991 (43 U.S.C. 2201 et seq.); and of which not 

19 less than $50,000,000 shall be for water acquisition, 

20 water conveyance, and facilities construction under 

21 the Refuge Water Supply Program: Provided, That 

22 funds provided under this heading may be used for 

23 recycled water projects without regard to whether 

24 such projects are otherwise authorized under law: 

25 Provided further, That sufficient funds are spent on 


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1 the completion of CALFED feasibility studies de2 scribed in section 103(d)(1)(A) of Public Law 108– 

3 361 (118 Stat. 1684) that have the financing and 

4 feasibility to be under construction within 10 years, 

5 and that for the purposes of this Act the Federal 

6 cost share of such feasibility studies shall be no less 

7 than 75 percent and that the cost share waiver for 

8 such feasibility studies shall extend to December 31, 

9 2017. 

10 (2) HAZARDOUS SUBSTANCE SUPERFUND.—For 

11 an additional amount for ‘‘Environmental Protection 

12 Agency—Hazardous Substance Superfund’’, 

13 $300,000,000 for the cleanup of polluted ground14 water supplies. 

15 (3) RURAL WATER AND WASTE DISPOSAL PRO16 GRAM ACCOUNT.—For an additional amount for 

17 ‘‘Department of Agriculture—Rural Utilities Serv18 ice—Rural Water and Waste Disposal Program Ac19 count’’, $5,000,000 for the cost of direct and guar20 anteed loans and grants for the rural water, waste21 water, and waste disposal programs authorized by 

22 sections 306 and 310B or described in section 

23 381E(d)(2) of the Consolidated Farm and Rural De24 velopment Act. 


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1 (4) DRUG ENFORCEMENT ADMINISTRATION.— 

2 For an additional amount for ‘‘Department of Jus3 tice—Drug Enforcement Administration’’, 

4 $3,000,000 for the Domestic Cannabis Eradication 

5 and Suppression Program to assist State or local 

6 law enforcement agencies in the suppression of can7 nabis operations that are conducted on public lands 

8 or that intentionally trespass on the property of an9 other that also divert, redirect, obstruct, drain, or 

10 impound water supply. 

11 (5) ARMY CORPS OF ENGINEERS.—For an addi12 tional amount for the Army Corps of Engineers, 

13 $40,000,000 to carry out section 5039 of the Water 

14 Resources and Development Act of 2007 (33 U.S.C. 

15 2201 et seq.). 

16 (6) LAND AND WATER CONSERVATION FUND.— 

17 For an additional amount for ‘‘Land and Water 

18 Conservation Fund’’, $100,000,000 for the imple19 mentation of projects under the Land and Water 

20 Conservation Fund Act of 1965 in drought-affected 

21 States that reduce fire risk, improve water quality or 

22 downstream water quantity, or expand ground water 

23 recharge capacity. 

24 (7) LOW-INCOME MIGRANT AND SEASONAL

25 FARMWORKERS.—For an additional amount for the 


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1 Department of Agriculture, $25,000,000 for emer2 gency grants to assist low-income migrant and sea3 sonal farmworkers under section 2281 of the Food, 

4 Agriculture, Conservation, and Trade Act of 1990 

5 (42 U.S.C. 5177a) to address impacts of drought 

6 upon declaration of a natural disaster under section 

7 321(a) of the Consolidated Farm and Rural Devel8 opment Act (7 U.S.C. 1961(a)) or for the same pur9 poses in counties that are contiguous to a designated 

10 natural disaster area. 

11 (b) DROUGHT PRIORITIZATION.—Each amount ap12 propriated under subsection (a) shall be used in States 

13 impacted by drought, with an emphasis on projects that 

14 will provide additional water supplies most expeditiously 

15 to areas at risk of having an inadequate supply of water 

16 for public health and safety purposes or to improve resil17 iency to drought, or projects that provide relief to drought18 affected communities facing unemployment and economic 

19 dislocation. 

20 (c) EMERGENCY DESIGNATION.—Each amount ap21 propriated under subsection (a) is designated by the Con22 gress as being for an emergency requirement pursuant to 

23 section 251(b)(2)(A)(i) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 

25 (d) GAO STUDY.— 


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1 (1) IN GENERAL.—The Comptroller General 

2 shall conduct a comprehensive study on Federal in3 vestments in clean water and wastewater infrastruc4 ture, addressing duplicative and fragmented pro5 grams. The report shall include— 

6 (A) a description of how Federal agencies, 

7 including the Army Corps of Engineers, the En8 vironmental Protection Agency, the Bureau of 

9 Reclamation, the Rural Utilities Service, and 

10 other relevant agencies, coordinate their efforts 

11 to address nationally, regionally, or locally iden12 tified needs or priorities in an efficient and ef13 fective manner; and 

14 (B) an evaluation of the adequacy of Fed15 eral coordination in meeting the needs of tribal 

16 lands. 

17 (2) REPORT TO CONGRESS.—Not later than 1 

18 year after the date of the enactment of this Act, the 

19 Comptroller General shall submit to Congress a re20 port containing the results of the study required 

21 under paragraph (1) and any recommendations 

22 based on such study. 


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1 SEC. 103. SUPPLEMENTAL APPROPRIATIONS FOR THE EN2 VIRONMENTAL PROTECTION AGENCY. 

3 The following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for fis5 cal year 2015: 

6 ENVIRONMENTAL PROTECTION AGENCY 

7 STATE AND TRIBAL ASSISTANCE GRANTS

8 For an additional amount for ‘‘State and Tribal As9 sistance Grants’’, $500,000,000, of which $400,000,000 

10 shall be for making capitalization grants for the State 

11 water pollution control revolving funds under title VI of 

12 the Federal Water Pollution Control Act; and of which 

13 $100,000,000 shall be for making capitalization grants for 

14 the State drinking water treatment revolving loan funds 

15 under section 1452 of the Safe Drinking Water Act: Pro16 vided, That notwithstanding the time period specified in 

17 section 603(d)(1)(A) of the Federal Water Pollution Con18 trol Act and section 1452(f)(1)(B)(i) of the Safe Drinking 

19 Water Act, loans made by such funds shall be authorized 

20 for 40-year terms: Provided further, That notwithstanding 

21 the formula or allotments set forth in section 604 of the 

22 Federal Water Pollution Control Act and section 

23 1452(a)(1)(D) of the Safe Drinking Water Act, loans 

24 made by such funds shall be distributed based on an as25 sessment of the immediate need in States impacted by 

26 drought, with an emphasis on projects that will provide 


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1 additional water supplies most expeditiously to areas that 

2 are at risk of having an inadequate supply of water for 

3 public health and safety purposes or to improve resiliency 

4 to drought, including projects to increase efficiency and 

5 conservation by end users: Provided further, That to the 

6 maximum extent practicable, highest priority to the loans 

7 made with such funds shall be given to projects that have 

8 been approved by, and have previously received funding 

9 from, State and local water agencies: Provided further, 

10 That such amount is designated by the Congress as being 

11 for an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 SEC. 104. SUPPLEMENTAL APPROPRIATIONS FOR THE 

15 WATER INFRASTRUCTURE FINANCE AND IN16 NOVATION ACT PROGRAM. 

17 The following sums are appropriated, out of any 

18 money in the Treasury not otherwise appropriated, for fis19 cal year 2015: 

20 ENVIRONMENTAL PROTECTION AGENCY 

21 STATE AND TRIBAL ASSISTANCE GRANTS

22 For an additional amount for ‘‘State and Tribal As23 sistance Grants’’, $20,000,000 to carry out the Water In24 frastructure Finance and Innovation Act of 2014: Pro25 vided, That loans made by such funds shall be distributed 


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1 based on an assessment of the immediate need in States 

2 impacted by drought, with an emphasis on projects that 

3 will provide additional water supplies most expeditiously 

4 to areas that are at risk of having an inadequate supply 

5 of water for public health and safety purposes or to im6 prove resiliency to drought, including projects to increase 

7 efficiency and conservation by end users: Provided further, 

8 That the limitations imposed by sections 5028(a)(5) and 

9 5029(b)(2)(A) of the Water Resources Reform and Devel10 opment Act of 2014 shall not apply with respect to a 

11 project receiving such funds in any State with a drought 

12 declaration: Provided further, That notwithstanding sec13 tion 5029(b)(4) of the Water Resources Reform and De14 velopment Act of 2014, the interest rate for a secured loan 

15 under this section shall be not more than the yield on 

16 United States Treasury securities of a similar maturity 

17 to the maturity of the secured loan on the date of execu18 tion of the loan agreement: Provided further, That not19 withstanding section 5028(a)(2)(A) of the Water Re20 sources Reform and Development Act of 2014, the eligible 

21 project costs of a project shall be reasonably anticipated 

22 to be not less than $10,000,000: Provided further, That 

23 such amount is designated by the Congress as being for 

24 an emergency requirement pursuant to section 


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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 TITLE II—NEW WATER INFRA4 STRUCTURE PROGRAM AU5 THORIZATIONS 

6 Subtitle A—New Water Recycling 

7 and Reclamation Program 

8 Through EPA 

9 SEC. 201. SHORT TITLE; FINDINGS; PURPOSES. 

10 (a) SHORT TITLE.—This subtitle may be cited as the 

11 ‘‘National Water Recycling and Reclamation Act of 

12 2015’’. 

13 (b) FINDINGS.—Congress finds that— 

14 (1) water supply, wastewater, sanitation, and 

15 sewage agencies across the Nation are developing 

16 and investing in water reuse and recycling projects; 

17 (2) almost 900,000 acre-feet of annual water 

18 supply are in development through these projects 

19 and could be expeditiously constructed with in20 creased Federal investment; and 

21 (3) in California alone, there are water reuse 

22 and recycling projects that could add over 500,000 

23 acre-feet of annual water supply. 


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1 (c) PURPOSES.—It is the purpose of this subtitle to 

2 expand investments in water reuse and recycling projects 

3 nationwide. 

4 SEC. 202. NATIONAL WATER RECYCLING AND RECLAMA5 TION PROGRAM. 

6 (a) ESTABLISHMENT.—The Administrator of the En7 vironmental Protection Agency shall establish and carry 

8 out a National Water Recycling and Reclamation Program 

9 to provide grants to eligible entities for water recycling 

10 and reclamation projects. 

11 (b) DEFINITIONS.—In this section, the following defi12 nitions apply: 

13 (1) ELIGIBLE COSTS.—The term ‘‘eligible 

14 costs’’ means amounts substantially all of which are 

15 paid by, or for the account of, an eligible entity in 

16 connection with a project, including the cost of— 

17 (A) development phase activities, including 

18 planning, feasibility analysis, revenue fore19 casting, environmental review, permitting, pre20 liminary engineering and design work, and 

21 other preconstruction activities; 

22 (B) construction, reconstruction, rehabili23 tation, replacement, and acquisition of real 

24 property (including land related to the project 

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1 gation, construction contingencies, and acquisi2 tion of equipment; 

3 (C) capitalized interest necessary to meet 

4 market requirements, reasonably required re5 serve funds, capital issuance expenses, and 

6 other carrying costs during construction; and 

7 (D) reimbursement for costs described in 

8 subparagraphs (A) through (C) incurred prior 

9 to the date of enactment of this Act. 

10 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti11 ty’’ means a corporation, partnership, joint venture, 

12 trust, public or investor-owned utility, private entity, 

13 government entity, agency, or instrumentality, tribal 

14 government, or any other reclamation and reuse en15 tity, as determined by the Administrator. 

16 (3) PROGRAM.—The term ‘‘program’’ means 

17 the National Water Recycling and Reclamation Pro18 gram established under this section. 

19 (c) ELIGIBILITY.— 

20 (1) PROJECT COSTS.—To be eligible for assist21 ance under the program, a water recycling and rec22 lamation project shall have total eligible costs that 

23 are reasonably anticipated to exceed $1,000,000. 

24 (2) PROJECT SPONSOR.—To be eligible for as25 sistance under the program, a water recycling and 


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1 reclamation project shall have a project sponsor 

2 that— 

3 (A) is an eligible entity; 

4 (B) submits to the Administrator an appli5 cation for the project; and 

6 (C) demonstrates a source for non-Federal 

7 revenues that is sufficient to satisfy the non8 Federal share of the cost of the project. 

9 (d) COMPETITIVE GRANT SELECTION.— 

10 (1) IN GENERAL.—The Administrator shall— 

11 (A) establish criteria for selecting among 

12 projects that meet the eligibility criteria speci13 fied in subsection (c); 

14 (B) conduct a national solicitation for ap15 plications; and 

16 (C) award grants on a competitive basis. 

17 (2) SELECTION CRITERIA.—The selection cri18 teria shall include the following: 

19 (A) The extent to which the project ad20 dresses near- and long-term water demand and 

21 supply, protects the environment, or otherwise 

22 enhances the overall water reclamation and 

23 reuse system. 

24 (B) The extent to which the project en25 hances the return on the Federal investment 


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1 through the production of new, highly renew2 able water supplies. 

3 (C) The likelihood that financial assistance 

4 under the program will enable the project to 

5 proceed at an earlier date than the project 

6 would otherwise be able to proceed. 

7 (D) The extent to which the project uses 

8 measures that enhance the efficiency of the 

9 project. 

10 (3) DEADLINES.—The Administrator shall— 

11 (A) publish the selection criteria under 

12 paragraph (1) in the Federal Register not later 

13 than 90 days after the date of enactment of 

14 this Act; 

15 (B) require that applications seeking finan16 cial assistance under the program be submitted 

17 not later than 180 days after the date of publi18 cation of the selection criteria under subpara19 graph (A); and 

20 (C) provide notice of approved project ap21 plications under the program not later than 1 

22 year after the date of enactment of this Act. 

23 (e) FEDERAL SHARE.—The Federal share of the cost 

24 of a project receiving financial assistance under the pro25 gram may not exceed 80 percent. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.— 

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

3 appropriated to carry out this section $500,000,000 

4 for each of fiscal years 2016 through 2020. Such 

5 sums shall remain available until expended. 

6 (2) ADMINISTRATIVE EXPENSES.—From funds 

7 made available to carry out this section for a fiscal 

8 year, the Administrator may use not to exceed 2 

9 percent of the funds for the costs of administering 

10 this section. 

11 (g) REPORTS TO CONGRESS.—Not later than October 

12 1, 2016, and every 2 years thereafter, the Administrator 

13 shall submit to Congress a report summarizing the finan14 cial performance of projects that are receiving, or have re15 ceived, assistance under the program. 

16 (h) REGULATIONS.—The Administrator may issue 

17 such regulations as the Administrator determines appro18 priate to carry out this section. 

19 (i) FAILURE TO MEET DEADLINE.—If the Adminis20 trator does not meet a deadline under subsection (d)(3), 

21 the Administrator shall transfer all funds made available 

22 for the program so as to make such funds available for 

23 the purpose of making capitalization grants for water re24 cycling and reclamation projects under the State water 

25 pollution revolving loan fund program under title VI of 


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1 the Federal Water Pollution Control Act (33 U.S.C. 1381 

2 et seq.) and the State drinking water treatment revolving 

3 loan fund program under section 1452 of the Safe Drink4 ing Water Act (42 U.S.C. 300j–12). 

5 Subtitle B—Reclamation Infra6 structure Finance and Innova7 tion Act (RIFIA) 

8 SEC. 210. SHORT TITLE; PURPOSES; DEFINITIONS. 

9 (a) SHORT TITLE.—This subtitle may be cited as the 

10 ‘‘Reclamation Infrastructure Finance and Innovation Act’’ 

11 or ‘‘RIFIA’’. 

12 (b) PURPOSES.—The purposes of this subtitle are— 

13 (1) to promote increased development of critical 

14 water resources infrastructure by establishing addi15 tional opportunities for financing water resources 

16 projects; 

17 (2) to attract new investment capital to infra18 structure projects that are capable of generating rev19 enue streams through user fees or other dedicated 

20 funding sources; 

21 (3) to complement existing Federal funding 

22 sources and address budgetary constraints on Bu23 reau of Reclamation programs; and 

24 (4) to leverage private investment in water re25 sources infrastructure, with the goal of every $100 


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1 million in secured loans being leveraged for $1 bil2 lion in water in water infrastructure financing. 

3 (c) DEFINITIONS.—In this subtitle: 

4 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’ means— 

6 (A) a corporation; 

7 (B) a partnership; 

8 (C) a joint venture; 

9 (D) a trust; 

10 (E) a State or local governmental entity, 

11 agency, or instrumentality; and 

12 (F) a conservancy district, irrigation dis13 trict, canal company, mutual water company, 

14 water users’ association, Indian tribe, agency 

15 created by interstate compact, or any other en16 tity that has the capacity to contract with the 

17 United States under Federal reclamation law. 

18 (2) FEDERAL CREDIT INSTRUMENT.—The term 

19 ‘‘Federal credit instrument’’ means a secured loan, 

20 loan guarantee, or other credit enhancement author21 ized to be made available under this subtitle with re22 spect to a project. 

23 (3) INVESTMENT-GRADE RATING.—The term 

24 ‘‘investment-grade rating’’ means a rating of BBB 


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1 minus, Baa3, bbb minus, BBB (low), or higher as 

2 assigned by a rating agency to project obligations. 

3 (4) LENDER.— 

4 (A) IN GENERAL.—The term ‘‘lender’’ 

5 means any non-Federal qualified institutional 

6 buyer (as defined in section 230.144A(a) of 

7 title 17, Code of Federal Regulations (or a suc8 cessor regulation) (commonly known as ‘‘Rule 

9 144A(a) of the Securities and Exchange Com10 mission’’ and issued under the Securities Act of 

11 1933 (15 U.S.C. 77a et seq.))). 

12 (B) INCLUSIONS.—The term ‘‘lender’’ in13 cludes— 

14 (i) a qualified retirement plan (as de15 fined in section 4974 of the Internal Rev16 enue Code of 1986) that is a qualified in17 stitutional buyer; and 

18 (ii) a governmental plan (as defined in 

19 section 414 of the Internal Revenue Code 

20 of 1986) that is a qualified institutional 

21 buyer. 

22 (5) LOAN GUARANTEE.—The term ‘‘loan guar23 antee’’ means any guarantee or other pledge by the 

24 Secretary to pay all or part of the principal of, and 


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1 interest on, a loan or other debt obligation issued by 

2 an obligor and funded by a lender. 

3 (6) OBLIGOR.—The term ‘‘obligor’’ means an 

4 eligible entity that is primarily liable for payment of 

5 the principal of, or interest on, a Federal credit in6 strument. 

7 (7) PROJECT OBLIGATION.— 

8 (A) IN GENERAL.—The term ‘‘project obli9 gation’’ means any note, bond, debenture, or 

10 other debt obligation issued by an obligor in 

11 connection with the financing of a project. 

12 (B) EXCLUSION.—The term ‘‘project obli13 gation’’ does not include a Federal credit in14 strument. 

15 (8) RATING AGENCY.—The term ‘‘rating agen16 cy’’ means a credit rating agency registered with the 

17 Securities and Exchange Commission as a nationally 

18 recognized statistical rating organization (as defined 

19 in section 3(a) of the Securities Exchange Act of 

20 1934 (15 U.S.C. 78c(a))). 

21 (9) RECLAMATION STATE.—The term ‘‘Rec22 lamation State’’ means any of the States of— 

23 (A) Arizona; 

24 (B) California; 

25 (C) Colorado; 


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1 (D) Idaho; 

2 (E) Kansas; 

3 (F) Montana; 

4 (G) Nebraska; 

5 (H) Nevada; 

6 (I) New Mexico; 

7 (J) North Dakota; 

8 (K) Oklahoma; 

9 (L) Oregon; 

10 (M) South Dakota; 

11 (N) Texas; 

12 (O) Utah; 

13 (P) Washington; and 

14 (Q) Wyoming. 

15 (10) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of the Interior. 

17 (11) SECURED LOAN.—The term ‘‘secured 

18 loan’’ means a direct loan or other debt obligation 

19 issued by an obligor and funded by the Secretary in 

20 connection with the financing of a project under 

21 chapter 1. 

22 (12) SUBSIDY AMOUNT.—The term ‘‘subsidy 

23 amount’’ means the amount of budget authority suf24 ficient to cover the estimated long-term cost to the 

25 Federal Government of a Federal credit instrument, 


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1 as calculated on a net present value basis, excluding 

2 administrative costs and any incidental effects on 

3 Governmental receipts or outlays in accordance with 

4 the Federal Credit Reform Act of 1990 (2 U.S.C. 

5 661 et seq.). 

6 (13) SUBSTANTIAL COMPLETION.—The term 

7 ‘‘substantial completion’’, with respect to a project, 

8 means the earliest date on which a project is consid9 ered to perform the functions for which the project 

10 is designed. 

11 CHAPTER 1—INNOVATIVE FINANCING 

12 SEC. 211. PURPOSES. 

13 The purposes of this chapter are— 

14 (1) to promote increased development of critical 

15 water resources infrastructure by establishing addi16 tional opportunities for financing water resources 

17 projects; 

18 (2) to attract new investment capital to infra19 structure projects that are capable of generating rev20 enue streams through user fees or other dedicated 

21 funding sources; 

22 (3) to complement existing Federal funding 

23 sources and address budgetary constraints on Bu24 reau of Reclamation programs; and 


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1 (4) to leverage private investment in water re2 sources infrastructure. 

3 SEC. 212. AUTHORITY TO PROVIDE ASSISTANCE. 

4 (a) IN GENERAL.—The Secretary may provide finan5 cial assistance to an eligible entity under this chapter to 

6 carry out projects within— 

7 (1) any Reclamation State; 

8 (2) any other State in which the Bureau of 

9 Reclamation is authorized to provide project assist10 ance; and 

11 (3) the States of Alaska and Hawaii. 

12 (b) SELECTION.—In selecting projects to receive fi13 nancial assistance under subsection (a), the Secretary 

14 shall ensure diversity with respect to— 

15 (1) project types; and 

16 (2) geographical locations. 

17 SEC. 213. APPLICATIONS. 

18 To be eligible to receive assistance under this chapter, 

19 an eligible entity shall submit to the Secretary an applica20 tion at such time, in such manner, and containing such 

21 information as the Secretary may require. 

22 SEC. 214. ELIGIBILITY FOR ASSISTANCE. 

23 (a) ELIGIBLE PROJECTS.—The following projects 

24 may be carried out using assistance made available under 

25 this chapter: 


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1 (1) A project for the reclamation and reuse of 

2 municipal, industrial, domestic, and agricultural 

3 wastewater, and naturally impaired ground, which 

4 the Secretary, acting through the Commissioner of 

5 Reclamation, is authorized to undertake. 

6 (2) Any water infrastructure project not specifi7 cally authorized by law that— 

8 (A) the Secretary determines, through the 

9 completion of an appraisal investigation and 

10 feasibility study, would contribute to a safe, 

11 adequate water supply for domestic, agricul12 tural, environmental, or municipal and indus13 trial use; and 

14 (B) is otherwise eligible for assistance 

15 under this chapter. 

16 (3) A new water infrastructure facility project, 

17 including a water conduit, pipeline, canal, pumping, 

18 power, and associated facilities. 

19 (4) A project for enhanced energy efficiency in 

20 the operation of a water system. 

21 (5) A project for accelerated repair and replace22 ment of an aging water distribution facility. 

23 (6) A brackish or sea water desalination 

24 project. 


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1 (7) Acquisition of real property or an interest 

2 in real property for water storage, reclaimed or recy3 cled water, or wastewater, if the acquisition is inte4 gral to a project described in paragraphs (1) 

5 through (6). 

6 (8) A combination of projects, each of which is 

7 eligible under paragraphs (1) through (7), for which 

8 an eligible entity submits a single application. 

9 (b) ACTIVITIES ELIGIBLE FOR ASSISTANCE.—For 

10 purposes of this chapter, an eligible activity with respect 

11 to an eligible project under subsection (a) includes the cost 

12 of— 

13 (1) development-phase activities, including plan14 ning, feasibility analysis, revenue forecasting, envi15 ronmental review, permitting, transaction costs, pre16 liminary engineering and design work, and other 

17 preconstruction activities; 

18 (2) construction, reconstruction, rehabilitation, 

19 and replacement activities; 

20 (3) the acquisition of real property (including 

21 water rights, land relating to the project, and im22 provements to land), environmental mitigation, con23 struction contingencies, and acquisition of equip24 ment; 


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1 (4) capitalized interest necessary to meet mar2 ket requirements, reasonably required reserve funds, 

3 capital issuance expenses, and other carrying costs 

4 during construction; 

5 (5) refinancing interim construction funding, 

6 long-term project obligations, or a secured loan, loan 

7 guarantee, or other credit enhancement made under 

8 this chapter; 

9 (6) reimbursement or success payments to any 

10 public or private entity that achieves predetermined 

11 outcomes on a pay-for-performance or pay-for-suc12 cess basis; and 

13 (7) grants, loans, or credit enhancement for 

14 community development financial institutions, green 

15 banks, and other financial intermediaries providing 

16 ongoing finance for projects that meet the purposes 

17 of this chapter. 

18 SEC. 215. DETERMINATION OF ELIGIBILITY AND PROJECT 

19 SELECTION. 

20 (a) ELIGIBILITY REQUIREMENTS.—To be eligible to 

21 receive financial assistance under this chapter, a project 

22 shall meet the following criteria, as determined by the Sec23 retary: 

24 (1) CREDITWORTHINESS.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the project shall be creditworthy, as 

3 determined by the Secretary, who shall ensure 

4 that any financing for the project has appro5 priate security features, such as a rate cov6 enant, to ensure repayment. 

7 (B) PRELIMINARY RATING OPINION LET8 TER.—The Secretary shall require each appli9 cant to provide a preliminary rating opinion let10 ter from at least 1 rating agency indicating that 

11 the senior obligations of the project (which may 

12 be the Federal credit instrument) have the po13 tential to achieve an investment-grade rating. 

14 (2) ELIGIBLE PROJECT COSTS.—The eligible 

15 project costs of a project and other projects in a wa16 tershed shall be reasonably anticipated to be not less 

17 than $10,000,000. 

18 (3) DEDICATED REVENUE SOURCES.—The Fed19 eral credit instrument for the project shall be repay20 able from dedicated revenue sources that also secure 

21 the project obligations. 

22 (4) PUBLIC SPONSORSHIP OF PRIVATE ENTI23 TIES.—In the case of a project carried out by an en24 tity that is not a State or local government or an 


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1 agency or instrumentality of a State or local govern2 ment, the project shall be publicly sponsored. 

3 (b) SELECTION CRITERIA.— 

4 (1) ESTABLISHMENT.—The Secretary shall es5 tablish criteria for the selection of projects that meet 

6 the eligibility requirements of subsection (a), in ac7 cordance with paragraph (2). 

8 (2) CRITERIA.—The selection criteria shall in9 clude the following: 

10 (A) The extent to which the project is na11 tionally or regionally significant. 

12 (B) The extent to which assistance under 

13 this section would foster innovative public-pri14 vate partnerships and attract private debt or 

15 equity investment. 

16 (C) The likelihood that assistance under 

17 this section would enable the project to proceed 

18 at an earlier date than the project would other19 wise be able to proceed. 

20 (D) The extent to which the project uses 

21 new or innovative approaches. 

22 (E) The extent to which projects track evi23 dence about the effectiveness of the one or more 

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1 dence and project information to the public to 

2 facilitate replication. 

3 (F) The amount of budget authority re4 quired to fund the Federal credit instrument 

5 made available under this chapter. 

6 (G) The extent to which the project helps 

7 maintain or protect the environment. 

8 (H) The extent to which the project sup9 ports the local economy and provides local jobs. 

10 (3) PRIORITY.—The Secretary shall prioritize 

11 projects that promote wastewater recycling, agricul12 tural or urban water conservation and efficiency, 

13 stormwater capture, or other innovative projects that 

14 reduce reliance on surface and groundwater supplies. 

15 (c) RECEIPT OF OTHER FEDERAL FUNDING.—Re16 ceipt of a Federal grant or contract or other Federal fund17 ing to support an eligible project shall not preclude the 

18 project from being eligible for assistance under this chap19 ter. 

20 (d) FEDERAL REQUIREMENTS.—Nothing in this sec21 tion supersedes the applicability of other requirements of 

22 Federal law (including regulations). 

23 SEC. 216. SECURED LOANS. 

24 (a) AGREEMENTS.— 


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

2 through (4), the Secretary may enter into agree3 ments with one or more obligors to make secured 

4 loans, the proceeds of which shall be used— 

5 (A) to finance eligible project costs of any 

6 project selected under section 215; 

7 (B) to refinance interim construction fi8 nancing of eligible project costs of any project 

9 selected under section 215; or 

10 (C) to refinance long-term project obliga11 tions or Federal credit instruments, if that refi12 nancing provides additional funding capacity for 

13 the completion, enhancement, or expansion of 

14 any project that— 

15 (i) is selected under section 215; or 

16 (ii) otherwise meets the requirements 

17 of section 215. 

18 (2) LIMITATION ON REFINANCING OF INTERIM

19 CONSTRUCTION FINANCING.—A secured loan under 

20 paragraph (1) shall not be used to refinance interim 

21 construction financing under paragraph (1)(B) later 

22 than 1 year after the date of substantial completion 

23 of the applicable project. 

24 (3) RISK ASSESSMENT.—Before entering into 

25 an agreement under this subsection for a secured 


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1 loan, the Secretary, in consultation with the Director 

2 of the Office of Management and Budget and each 

3 rating agency providing a preliminary rating opinion 

4 letter under section 215(a)(1)(B), shall determine an 

5 appropriate capital reserve subsidy amount for the 

6 secured loan, taking into account each such prelimi7 nary rating opinion letter. 

8 (4) INVESTMENT-GRADE RATING REQUIRE9 MENT.—The execution of a secured loan under this 

10 section shall be contingent on receipt by the senior 

11 obligations of the project of an investment-grade rat12 ing. 

13 (b) TERMS AND LIMITATIONS.— 

14 (1) IN GENERAL.—A secured loan provided for 

15 a project under this section shall be subject to such 

16 terms and conditions, and contain such covenants, 

17 representations, warranties, and requirements (in18 cluding requirements for audits), as the Secretary 

19 determines to be appropriate. 

20 (2) MAXIMUM AMOUNT.—The amount of a se21 cured loan under this section shall not exceed the 

22 lesser of— 

23 (A) an amount equal to 100 percent of the 

24 reasonably anticipated eligible project costs; and 


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1 (B) if the secured loan does not receive an 

2 investment-grade rating, the amount of the sen3 ior project obligations of the project. 

4 (3) PAYMENT.—A secured loan under this sec5 tion— 

6 (A) shall be payable, in whole or in part, 

7 from State or local taxes, user fees, or other 

8 dedicated revenue sources that also secure the 

9 senior project obligations of the relevant 

10 project; 

11 (B) shall include a rate covenant, coverage 

12 requirement, or similar security feature sup13 porting the project obligations; and 

14 (C) may have a lien on revenues described 

15 in subparagraph (A), subject to any lien secur16 ing project obligations. 

17 (4) INTEREST RATE.—The interest rate on a 

18 secured loan under this section shall be not more 

19 than the yield on United States Treasury securities 

20 of a similar maturity to the maturity of the secured 

21 loan on the date of execution of the loan agreement, 

22 as determined by the Secretary. 

23 (5) MATURITY DATE.—The final maturity date 

24 of a secured loan under this section shall be not 


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1 later than 35 years after the expected date of sub2 stantial completion of the relevant project. 

3 (6) NONSUBORDINATION.—A secured loan 

4 under this section shall not be subordinated to the 

5 claims of any holder of project obligations in the 

6 event of bankruptcy, insolvency, or liquidation of the 

7 obligor of the project. 

8 (7) FEES.—The Secretary may establish fees 

9 under section 217(b) at a level sufficient to cover all 

10 or a portion of the costs to the Federal Government 

11 of making a secured loan under this section. 

12 (8) NON-FEDERAL SHARE.—The proceeds of a 

13 secured loan under this section may be used to pay 

14 any non-Federal share of project costs required if 

15 the loan is repayable from non-Federal funds. 

16 (c) REPAYMENT.— 

17 (1) SCHEDULE.—The Secretary shall establish 

18 a repayment schedule for each secured loan provided 

19 under this section, based on the projected cash flow 

20 from project revenues and other repayment sources. 

21 (2) COMMENCEMENT.—Scheduled loan repay22 ment of principal or interest on a secured loan under 

23 this section shall commence not later than 5 years 

24 after the date of substantial completion of the 

25 project. 


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1 (3) DEFERRED PAYMENTS.— 

2 (A) AUTHORIZATION.—If, at any time 

3 after the date of substantial completion of a 

4 project for which a secured loan is provided 

5 under this section, the project is unable to gen6 erate sufficient revenues to pay the scheduled 

7 loan repayments of principal and interest on the 

8 secured loan, the Secretary may allow the obli9 gor, subject to subparagraph (C), to add unpaid 

10 principal and interest to the outstanding bal11 ance of the secured loan. 

12 (B) INTEREST.—Any payment deferred 

13 under subparagraph (A) shall— 

14 (i) continue to accrue interest in ac15 cordance with subsection (b)(4) until fully 

16 repaid; and 

17 (ii) be scheduled to be amortized over 

18 the remaining term of the secured loan. 

19 (C) CRITERIA.— 

20 (i) IN GENERAL.—Any payment defer21 ral under subparagraph (A) shall be con22 tingent on the project meeting such cri23 teria as the Secretary may establish. 

24 (ii) REPAYMENT STANDARDS.—The 

25 criteria established under clause (i) shall 


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1 include standards for reasonable assurance 

2 of repayment. 

3 (4) PREPAYMENT.— 

4 (A) USE OF EXCESS REVENUES.—Any ex5 cess revenues that remain after satisfying 

6 scheduled debt service requirements on the 

7 project obligations and secured loan and all de8 posit requirements under the terms of any trust 

9 agreement, bond resolution, or similar agree10 ment securing project obligations may be ap11 plied annually to prepay a secured loan under 

12 this section without penalty. 

13 (B) USE OF PROCEEDS OF REFI14 NANCING.—A secured loan under this section 

15 may be prepaid at any time without penalty 

16 from the proceeds of refinancing from non-Fed17 eral funding sources. 

18 (d) SALE OF SECURED LOANS.— 

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

20 soon as practicable after the date of substantial 

21 completion of a project and after providing a notice 

22 to the obligor, the Secretary may sell to another en23 tity or reoffer into the capital markets a secured 

24 loan for a project under this section, if the Secretary 


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1 determines that the sale or reoffering can be made 

2 on favorable terms. 

3 (2) CONSENT OF OBLIGOR.—In making a sale 

4 or reoffering under paragraph (1), the Secretary 

5 may not change the original terms and conditions of 

6 the secured loan without the written consent of the 

7 obligor. 

8 (e) LOAN GUARANTEES.— 

9 (1) IN GENERAL.—The Secretary may provide a 

10 loan guarantee to a lender in lieu of making a se11 cured loan under this section, if the Secretary deter12 mines that the budgetary cost of the loan guarantee 

13 is substantially the same as that of a secured loan. 

14 (2) TERMS.—The terms of a loan guarantee 

15 provided under this subsection shall be consistent 

16 with the terms established in this section for a se17 cured loan, except that the rate on the guaranteed 

18 loan and any prepayment features shall be nego19 tiated between the obligor and the lender, with the 

20 consent of the Secretary. 

21 SEC. 217. PROGRAM ADMINISTRATION. 

22 (a) REQUIREMENT.—The Secretary shall establish a 

23 uniform system to service the Federal credit instruments 

24 made available under this chapter. 

25 (b) CAPITAL RESERVE FUND.— 


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1 (1) IN GENERAL.—There is hereby established 

2 in the Treasury of the United States the Reclama3 tion Loan Finance Capital Reserve Fund, which 

4 shall be available for deposit of capital reserve fees 

5 provided for under this subsection. Amounts depos6 ited shall be credited as offsetting collections. 

7 (2) CAPITAL RESERVE FEES.—To the extent re8 quired by appropriations Acts, the Secretary may as9 sess, collect, and spend capital reserve fees at a level 

10 that is sufficient to cover— 

11 (A) the costs of services of expert firms re12 tained pursuant to subsection (d); and 

13 (B) all or a portion of the costs to the 

14 Federal Government of servicing the Federal 

15 credit instruments provided under this chapter, 

16 including all or a portion of the outlays associ17 ated with the provision of the Federal credit in18 struments under this chapter. 

19 (3) DETERMINATION OF FEE AMOUNTS.—The 

20 capital reserve fees shall be established at amounts 

21 that will result in the collection, during each fiscal 

22 year, of an amount that can be reasonably expected 

23 to equal the outlays associated with the provision of 

24 the Federal credit instruments under this chapter. 

25 (c) SERVICER.— 


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1 (1) IN GENERAL.—The Secretary may appoint 

2 a financial entity to assist the Secretary in servicing 

3 the Federal credit instruments provided under this 

4 chapter. 

5 (2) DUTIES.—A servicer appointed under para6 graph (1) shall act as the agent for the Secretary. 

7 (3) FEE.—A servicer appointed under para8 graph (1) shall receive a servicing fee, subject to ap9 proval by the Secretary. 

10 (d) ASSISTANCE FROM EXPERTS.—The Secretary 

11 may retain the services, including counsel, of any organi12 zation or entity with expertise in the field of municipal 

13 and project finance to assist in the underwriting and serv14 icing of Federal credit instruments provided under this 

15 chapter. 

16 (e) LOAN COORDINATION; INTERAGENCY COOPERA17 TION.—The Secretary— 

18 (1) shall coordinate implementation of loan 

19 guarantees under this section with the Administrator 

20 to avoid duplication and enhance the effectiveness of 

21 implementation of the State revolving funds estab22 lished under the Federal Water Pollution Control 

23 Act (33 U.S.C. 1251 et seq.) and the Safe Drinking 

24 Water Act (42 U.S.C. 300f et seq.); 


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1 (2) shall consult with the Secretary of Agri2 culture before promulgating criteria with respect to 

3 financial appraisal functions and loan guarantee ad4 ministration for activities carried out under this 

5 chapter; and 

6 (3) may enter into a memorandum of agree7 ment providing for Department of Agriculture finan8 cial appraisal functions and loan guarantee adminis9 tration for activities carried out under this chapter. 

10 SEC. 218. STATE AND LOCAL PERMITS. 

11 The provision of financial assistance for a project 

12 under this chapter shall not— 

13 (1) relieve any recipient of the assistance of any 

14 obligation to obtain any required State or local per15 mit or approval with respect to the project; 

16 (2) limit the right of any unit of State or local 

17 government to approve or regulate any rate of re18 turn on private equity invested in the project; or 

19 (3) otherwise supersede any State or local law 

20 (including any regulation) applicable to the construc21 tion or operation of the project. 

22 SEC. 219. REGULATIONS. 

23 The Secretary may promulgate such regulations as 

24 the Secretary determines to be appropriate to carry out 

25 this chapter. 


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1 SEC. 220. FUNDING. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated to the Secretary to carry out this chapter 

4 $100,000,000 for each of fiscal years 2015 through 2019, 

5 to remain available until expended. 

6 (b) ADMINISTRATIVE COSTS.—Of the funds made 

7 available to carry out this chapter, the Secretary may use 

8 for the administration of this chapter not more than 

9 $2,200,000 for each of fiscal years 2015 through 2019. 

10 SEC. 221. REPORT TO CONGRESS. 

11 Not later than 2 years after the date of enactment 

12 of this Act, and every 2 years thereafter, the Secretary 

13 shall submit to the Committee on Energy and Natural Re14 sources of the Senate and the Committee on Natural Re15 sources of the House of Representatives a report summa16 rizing the financial performance and on-the-ground out17 comes of the projects that are receiving, or have received, 

18 assistance under this chapter, including an assessment of 

19 whether the objectives of this chapter are being met. 

20 CHAPTER 2—INTEGRATED REGIONAL 

21 WATER MANAGEMENT, RECLAMATION, 

22 AND RECYCLING PROJECTS 

23 SEC. 231. WATER STORAGE PROJECTS. 

24 (a) AGREEMENTS.—The Secretary may enter into a 

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1 waii to carry out the planning, design, and construction 

2 of any permanent water storage and conveyance facility 

3 used solely to regulate and maximize the water supply 

4 arising from a project that is eligible for assistance under 

5 this chapter or any other provision of law, including recy6 cled water projects not congressionally authorized— 

7 (1) to recycle wastewater or ground water; or 

8 (2) to use integrated and coordinated water 

9 management on a watershed or regional scale. 

10 (b) FINANCIAL ASSISTANCE.—In providing financial 

11 assistance under this section, the Secretary shall give pri12 ority to storage and conveyance components that— 

13 (1) ensure the efficient and beneficial use of 

14 water or reuse of the recycled water; 

15 (2) make maximum use of natural systems; 

16 (3) consistent with Secretarial Order No. 3297, 

17 dated February 22, 2010, support sustainable water 

18 management practices and the water sustainability 

19 objectives of one or more offices of the Department 

20 of the Interior or any other Federal agency; 

21 (4)(A) increase the availability of usable water 

22 supplies in a watershed or region to benefit people, 

23 the economy, and the environment; and 

24 (B) include adaptive measures needed to ad25 dress climate change and future demands; 


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1 (5) where practicable— 

2 (A) provide flood control or recreation ben3 efits; and 

4 (B) include the development of incremental 

5 hydroelectric power generation; 

6 (6) include partnerships that go beyond political 

7 and institutional jurisdictions to support the effi8 cient use of the limited water resources of the 

9 United States and the applicable region; 

10 (7) generate environmental benefits, such as 

11 benefits to fisheries, wildlife and habitat, and water 

12 quality and water-dependent ecological systems, as 

13 well as water supply benefits to agricultural and 

14 urban water users; and 

15 (8) the financing of which leverages private and 

16 other non-Federal resources. 

17 (c) FEDERAL SHARE.—The Federal share of the cost 

18 of a project carried out under subsection (a) shall be— 

19 (1) equal to the lesser of— 

20 (A) 50 percent of total cost of the project; 

21 and 

22 (B) $15,000,000, adjusted for inflation; 

23 and 

24 (2) nonreimbursable. 


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1 (d) NON-FEDERAL SHARE.—The non-Federal share 

2 of the cost of a project carried out under subsection (a) 

3 may include in-kind contributions to the planning, design, 

4 and construction of a project. 

5 (e) TITLE AND COSTS.—A non-Federal entity enter6 ing into a financial assistance agreement under this sec7 tion shall— 

8 (1) hold title to all facilities constructed under 

9 this section; and 

10 (2) be solely responsible for the costs of oper11 ating and maintaining those facilities. 

12 (f) APPROVAL.—The Secretary may enter into a fi13 nancial assistance agreement under this section, if— 

14 (1) the Secretary notifies Congress of the pro15 posed agreement at least 90 days before the date on 

16 which the Secretary enters into the agreement; and 

17 (2) Congress does not pass a joint resolution 

18 disapproving the agreement before such date. 

19 SEC. 232. AUTHORIZATION OF APPROPRIATIONS. 

20 There is authorized to be appropriated $700,000,000 

21 to carry out this chapter. 


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1 CHAPTER 3—RECLAMATION TITLE 

2 TRANSFER PROGRAM 

3 SEC. 241. SHORT TITLE; DEFINITIONS. 

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

5 ‘‘Reclamation Title Transfer Act of 2015’’. 

6 (b) DEFINITIONS.—In this chapter: 

7 (1) CONVEYED PROPERTY.—The term ‘‘con8 veyed property’’ means an eligible facility that has 

9 been conveyed to a qualifying entity under section 

10 242(b)(1). 

11 (2) ELIGIBLE FACILITY.— 

12 (A) IN GENERAL.—The term ‘‘eligible fa13 cility’’ means a reclamation project or facility, 

14 or a portion of a reclamation project or facility, 

15 for which the United States holds title and that 

16 meets the criteria for potential transfer estab17 lished under section 244(a). 

18 (B) INCLUSIONS.—The term ‘‘eligible facil19 ity’’ includes dams and appurtenant works, in20 frastructure, recreational facilities, buildings, 

21 distribution and drainage works, and associated 

22 land or interests in land or water. 

23 (3) QUALIFYING ENTITY.—The term ‘‘quali24 fying entity’’ means a State, unit of local govern25 ment, Indian tribe, municipal corporation, quasi-muVerDate Sep 11 2014 02:36 Jul 24, 2015 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1837.IS S1837

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1 nicipal corporation, or other entity (such as a water 

2 district) that, as determined by the Secretary, has 

3 the capacity to continue to manage the conveyed 

4 property for the same purposes that the conveyed 

5 property has been managed for under the reclama6 tion laws. 

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

8 the Secretary of the Interior, acting through the 

9 Commissioner of the Bureau of Reclamation. 

10 SEC. 242. AUTHORIZATION OF TITLE TRANSFER PROGRAM. 

11 (a) ESTABLISHMENT OF TITLE TRANSFER PRO12 GRAM.—The Secretary may establish a program that— 

13 (1) identifies and analyzes the potential for 

14 public benefits from the transfer out of Federal own15 ership of eligible facilities, including analyses of the 

16 financial, operational, and environmental character17 istics of the eligible facilities proposed for transfer; 

18 and 

19 (2) facilitates the transfer to qualifying entities 

20 of the title to eligible facilities to promote more effi21 cient management of water and water-related facili22 ties. 

23 (b) AUTHORIZATION TO TRANSFER TITLE TO ELIGI24 BLE FACILITIES.— 


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1 (1) IN GENERAL.—The Secretary may convey 

2 to a qualifying entity all right, title, and interest of 

3 the United States in and to any eligible facility, sub4 ject to paragraphs (2) through (6), if— 

5 (A) the Secretary notifies Congress in writ6 ing of the proposed conveyance at least 90 days 

7 before the date on which the Secretary makes 

8 the conveyance; and 

9 (B) Congress does not pass a joint resolu10 tion disapproving the conveyance before such 

11 date. 

12 (2) RIGHT OF FIRST REFUSAL.—If the entity 

13 that operates an eligible facility at the time that the 

14 Secretary attempts to facilitate the transfer of title 

15 under subsection (a)(2) is a qualifying entity, that 

16 entity shall have the right of first refusal to receive 

17 the conveyance under paragraph (1). 

18 (3) RESERVATION OF EASEMENT.—The Sec19 retary may reserve an easement over a conveyed 

20 property if the Secretary determines that the ease21 ment is necessary for the management of any inter22 ests retained by the Federal Government under this 

23 chapter. 

24 (4) MINERAL INTERESTS.— 


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1 (A) RETENTION.—The Secretary shall re2 tain any mineral interests associated with a 

3 conveyed property. 

4 (B) MANAGEMENT.—The mineral interests 

5 retained under subparagraph (A) shall be man6 aged— 

7 (i) consistent with Federal law; and 

8 (ii) in a manner that would not inter9 fere with the purposes for which the rec10 lamation project was authorized. 

11 (5) INTERESTS IN WATER.—No interests in 

12 water shall be conveyed under this chapter unless 

13 the conveyance is provided for in writing in an 

14 agreement between the Secretary and the qualifying 

15 entity. 

16 (6) ADDITIONAL CRITERIA.—Title transfers 

17 under this section shall be carried out consistent 

18 with— 

19 (A) this chapter; and 

20 (B) any additional criteria or procedures 

21 that the Secretary determines to be in the pub22 lic interest. 

23 (c) RESTRICTIONS ON USE.—As a condition of ob24 taining title to an eligible facility, the qualifying entity 

25 shall agree to use the eligible facility for substantially the 


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1 same purposes the eligible facility is being used for during 

2 the period in which the eligible facility was under reclama3 tion ownership. 

4 SEC. 243. COMPLIANCE WITH ENVIRONMENTAL AND HIS5 TORIC PRESERVATION LAWS. 

6 (a) IN GENERAL.—Before conveying eligible facilities 

7 under this chapter, the Secretary shall complete all actions 

8 required under all applicable laws, including— 

9 (1) the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.); 

11 (2) the Endangered Species Act of 1973 (16 

12 U.S.C. 1531 et seq.); and 

13 (3) the National Historic Preservation Act (16 

14 U.S.C. 470 et seq.). 

15 (b) LIMITATION ON CONVEYANCES.—The Secretary 

16 may not convey an eligible facility under this chapter if 

17 the Secretary determines, as part of a review conducted 

18 under the National Environmental Policy Act of 1969 and 

19 with public input, that making the conveyance will lessen 

20 any of the protections afforded under the laws referred 

21 to in subsection (a) or is inconsistent with other applicable 

22 requirements to preserve and protect environmental, cul23 tural, and historic assets. 


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1 SEC. 244. ELIGIBILITY CRITERIA. 

2 (a) ESTABLISHMENT.—The Secretary shall establish 

3 criteria for determining whether facilities are eligible for 

4 conveyance under this chapter. 

5 (b) MINIMUM REQUIREMENTS.— 

6 (1) AGREEMENT OF QUALIFYING ENTITY.—The 

7 criteria established under subsection (a) shall in8 clude a requirement that a qualifying entity agree— 

9 (A) to accept title to the eligible facility; 

10 (B) to accept all liability for the eligible fa11 cility, except as otherwise provided in section 

12 245; 

13 (C) to use the eligible facility for substan14 tially the same purposes the eligible facility is 

15 being used for at the time the Secretary evalu16 ates the potential transfer; and 

17 (D) to provide, as consideration for the as18 sets to be conveyed, compensation to the United 

19 States in an amount that is the equivalent of 

20 the net present value of any repayment obliga21 tion to the United States or other income 

22 stream the United States derives from the eligi23 ble facility to be transferred as of the date of 

24 the transfer, including any costs previously 

25 deemed beyond the irrigator’s ability to pay and 


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1 reassigned to project power customers for re2 payment. 

3 (2) DETERMINATIONS OF SECRETARY.— 

4 (A) IN GENERAL.—The criteria established 

5 under subsection (a) shall include a require6 ment that the Secretary, in consultation with 

7 the Governor of any State in which the project 

8 is located, determine that the proposed trans9 fer— 

10 (i) would not have an unmitigated sig11 nificant effect on the environment; 

12 (ii) is uncomplicated, based on, as de13 termined by the Secretary— 

14 (I) there being no significant op15 position to the proposed transfer; 

16 (II) the eligible facility not being 

17 hydrologically, operationally, or finan18 cially integrated with other Federal or 

19 non-Federal water projects; 

20 (III) the eligible facility not gen21 erating electric power sold to, or eligi22 ble to be sold to, power customers 

23 (other than the project itself); and 

24 (IV) the parties to the transfer 

25 being able to reach agreement on 


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1 legal, institutional, and financial ar2 rangements relating to the convey3 ance; 

4 (iii) is consistent with the responsi5 bility of the Secretary— 

6 (I) to protect land and water re7 sources held in trust for federally rec8 ognized Indian tribes; and 

9 (II) to ensure compliance with 

10 any applicable international treaties 

11 and interstate compacts; and 

12 (iv) is in the financial interest of the 

13 United States. 

14 (B) PUBLICATION.—The Secretary shall 

15 make publically available information on how 

16 the Secretary made the determinations under 

17 subparagraph (A). 

18 (3) STATUS OF RECLAMATION LAND.—The cri19 teria established under subsection (a) shall require 

20 that any land to be conveyed out of Federal owner21 ship under this Act is— 

22 (A) land acquired by the Secretary; or 

23 (B) land withdrawn by the Secretary, only 

24 if— 


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1 (i) the Secretary determines in writing 

2 that the withdrawn land is encumbered by 

3 reclamation project facilities to the extent 

4 that the withdrawn land is unsuitable for 

5 return to the public domain; and 

6 (ii) the qualifying entity agrees to pay 

7 fair market value for the withdrawn land 

8 to be conveyed. 

9 SEC. 245. LIABILITY. 

10 (a) IN GENERAL.—Except as provided in subsection 

11 (b), effective beginning on the date of conveyance of any 

12 eligible facility under this chapter, the United States shall 

13 not be liable under any law for damages of any kind aris14 ing out of any act, omission, or occurrence based on the 

15 prior ownership or operation of the conveyed property. 

16 (b) LIMITATION.—Notwithstanding subsection (a), 

17 the United States shall retain the responsibilities and au18 thorities of the United States for a conveyed property 

19 based on the prior ownership or operation of the conveyed 

20 property by the United States under Federal environ21 mental laws, including the Comprehensive Environmental 

22 Response, Compensation, and Liability Act of 1980 (42 

23 U.S.C. 9601 et seq.). 


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1 SEC. 246. BENEFITS. 

2 After a conveyance of an eligible facility under this 

3 chapter— 

4 (1) the conveyed property shall no longer be 

5 considered to be a part of a reclamation project; and 

6 (2) the entity to which the conveyed property is 

7 conveyed shall not be eligible to receive any benefits 

8 with respect to the conveyed property (including 

9 project power), except for benefits that would be 

10 available to a similarly situated entity with respect 

11 to property that is not part of a reclamation project. 

12 SEC. 247. COMPLIANCE WITH OTHER LAWS. 

13 (a) IN GENERAL.—After a conveyance of title under 

14 this chapter, the qualifying entity to which the property 

15 is conveyed shall comply with all applicable Federal, State, 

16 and local laws (including regulations) in the operation of 

17 the conveyed property. 

18 (b) EFFECT.— 

19 (1) IN GENERAL.—Nothing in this chapter shall 

20 affect or interfere with— 

21 (A) the laws of any State relating to the 

22 control, appropriation, use, or distribution of 

23 water used in irrigation or for any other pur24 pose; 

25 (B) any vested right acquired under State 

26 law; or 


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1 (C) any interstate compact, decree, or ne2 gotiated water rights agreement. 

3 (2) CONFORMITY WITH STATE LAW.—In car4 rying out this chapter, the Secretary shall proceed in 

5 conformity with the State laws and rights acquired 

6 under State law described in paragraph (1). 

7 SEC. 248. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—There are authorized to be appro9 priated to carry out this chapter such sums as are nec10 essary. 

11 (b) USE OF AMOUNTS.—Amounts made available 

12 under subsection (a) may be used— 

13 (1) to carry out the investigations to carry out 

14 this chapter; and 

15 (2) to pay any other costs associated with con16 veyances under this chapter, including an appro17 priate Federal share of the costs of compliance with 

18 the National Environmental Policy Act of 1969 (42 

19 U.S.C. 4321 et seq.) and other applicable law. 

20 (c) NOT TREATED AS PROJECT COSTS.—Expendi21 tures made by the Secretary under this chapter— 

22 (1) shall not be a project cost assignable to a 

23 reclamation project; and 

24 (2) shall be nonreimbursable. 


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1 SEC. 249. TERMINATION OF AUTHORITY. 

2 The authority of the Secretary to carry out convey3 ances under this chapter shall terminate 15 years after 

4 the date of enactment of this Act. 

5 Subtitle C—Innovative Stormwater 

6 Capture Program 

7 SEC. 251. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Innovative 

9 Stormwater Infrastructure Act of 2015’’. 

10 SEC. 252. PURPOSES AND FINDINGS. 

11 Congress finds that— 

12 (1) many water resources in the United States 

13 are declining, particularly in urban and agricultural 

14 areas; 

15 (2) the decline of water resources is the result 

16 of— 

17 (A) an increase in population, water con18 sumption, and impermeable surfaces; and 

19 (B) the negative effects of urbanization, 

20 commercial and industrial activities, and in21 creasing and persistent droughts; 

22 (3) an October 2008 study by the National Re23 search Council found that some of the benefits of in24 novative stormwater control infrastructure include— 

25 (A) increased water supplies; 

26 (B) the creation of jobs; 


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1 (C) cost savings; and 

2 (D) a reduction of stormwater runoff, sur3 face water discharge, stormwater pollution, and 

4 stormwater flows to protect and restore natural 

5 hydrology, meeting local conditions to the max6 imum extent feasible; and 

7 (4) capturing stormwater runoff in urban and 

8 suburban areas of the State of California can in9 crease water supplies by over 600,000 acre-feet an10 nually, and similar benefits are achievable in the 

11 urban and suburban areas of other States. 

12 SEC. 253. DEFINITIONS. 

13 In this subtitle: 

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the Environ16 mental Protection Agency. 

17 (2) CENTER.—The term ‘‘center’’ means a cen18 ter of excellence for innovative stormwater control 

19 infrastructure established under section 4(a). 

20 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti21 ty’’ means— 

22 (A) a State, tribal, or local government; or 

23 (B) a local, regional, or other entity that 

24 manages stormwater, drinking water resources, 

25 or wastewater resources. 


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1 (4) ELIGIBLE INSTITUTION.— 

2 (A) IN GENERAL.—The term ‘‘eligible in3 stitution’’ means an institution of higher edu4 cation (as defined in section 101 of the Higher 

5 Education Act of 1965 (20 U.S.C. 1001)), or a 

6 research institution, that has demonstrated ex7 cellence in innovative stormwater control infra8 structure by— 

9 (i) conducting research on innovative 

10 stormwater control infrastructure to deter11 mine the means by which innovative infra12 structure reduces stormwater runoff, en13 hances and protects drinking water 

14 sources, and improves water quality; 

15 (ii) developing and disseminating in16 formation regarding the means by which 

17 an organization can use innovative 

18 stormwater control infrastructure; 

19 (iii) providing technical assistance to 

20 an organization for an innovative 

21 stormwater control infrastructure project; 

22 (iv) developing best practices stand23 ards for innovative stormwater control in24 frastructure; 


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1 (v) providing job training relating to 

2 innovative stormwater control infrastruc3 ture; 

4 (vi) developing course curricula for— 

5 (I) elementary schools (as defined 

6 in section 9101 of the Elementary and 

7 Secondary Education Act of 1965 (20 

8 U.S.C. 7801)); 

9 (II) secondary schools (as defined 

10 in that section); 

11 (III) institutions of higher edu12 cation (as defined in section 101 of 

13 the Higher Education Act of 1965 (20 

14 U.S.C. 1001)); or 

15 (IV) vocational schools; 

16 (vii) training students regarding inno17 vative stormwater control infrastructure; or 

18 (viii) providing information to the 

19 Federal Government or State, tribal, and 

20 local governments regarding the implemen21 tation of innovative stormwater control in22 frastructure. 

23 (B) ASSOCIATED DEFINITION.—For pur24 poses of subparagraph (A), the term ‘‘research 

25 institution’’ means an entity that is— 


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1 (i) described in section 501(c)(3) of 

2 the Internal Revenue Code of 1986; 

3 (ii) exempt from tax under section 

4 501(a) of the Internal Revenue Code of 

5 1986; and 

6 (iii) organized and operated for re7 search purposes. 

8 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

9 has the meaning given the term in section 518(h) of 

10 the Federal Water Pollution Control Act (33 U.S.C. 

11 1377(h)). 

12 (6) STATE.—The term ‘‘State’’ means— 

13 (A) each of the several States of the 

14 United States; 

15 (B) the District of Columbia; 

16 (C) the Commonwealth of Puerto Rico; 

17 (D) Guam; 

18 (E) American Samoa; 

19 (F) the Commonwealth of the Northern 

20 Mariana Islands; 

21 (G) the Federated States of Micronesia; 

22 (H) the Republic of the Marshall Islands; 

23 (I) the Republic of Palau; and 

24 (J) the United States Virgin Islands. 


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1 (7) INNOVATIVE STORMWATER CONTROL INFRA2 STRUCTURE.— 

3 (A) IN GENERAL.—The term ‘‘innovative 

4 stormwater control infrastructure’’ means any 

5 green infrastructure stormwater management 

6 technique that— 

7 (i) uses natural systems or engineered 

8 systems that mimic natural processes to 

9 infiltrate, evapotranspire, or capture 

10 stormwater; and 

11 (ii) preserves, enhances, or mimics 

12 natural hydrology to protect or restore 

13 water quality. 

14 (B) INCLUSIONS.—The term ‘‘innovative 

15 stormwater control infrastructure’’ includes— 

16 (i) methods that promote absorption, 

17 uptake, percolation, evapotranspiration, 

18 and filtration by soil and plant life; and 

19 (ii) the preservation or restoration 

20 of— 

21 (I) natural topography, including 

22 hills, plains, ravines, and shorelines; 

23 (II) interconnected networks of 

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1 ological functions critical for water 

2 quality; 

3 (III) ecological function, includ4 ing forests, grasslands, and deserts; 

5 (IV) bodies of water, including 

6 lakes, flood plains, headwaters, and 

7 wetlands; and 

8 (V) native soil characteristics of 

9 composition, structure, and 

10 transmissivity. 

11 SEC. 254. CENTERS OF EXCELLENCE FOR INNOVATIVE 

12 STORMWATER CONTROL INFRASTRUCTURE. 

13 (a) ESTABLISHMENT OF CENTERS.— 

14 (1) IN GENERAL.—The Administrator shall pro15 vide grants, on a competitive basis, to eligible insti16 tutions to establish and maintain not less than 3, 

17 and not more than 5, centers of excellence for inno18 vative stormwater control infrastructure, to be lo19 cated in various regions throughout the United 

20 States. 

21 (2) GENERAL OPERATION.—Each center 

22 shall— 

23 (A) conduct research on innovative 

24 stormwater control infrastructure that is rel25 evant to the geographical region in which the 


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1 center is located, including stormwater and 

2 sewer overflow reduction, other approaches to 

3 water resource enhancement, and other environ4 mental, economic, and social benefits; 

5 (B) develop manuals and establish industry 

6 standards on best management practices relat7 ing to State, tribal, local, and commercial inno8 vative stormwater control infrastructure for use 

9 by State, tribal, and local governments and the 

10 private sector; 

11 (C) develop and administer testing and 

12 evaluation protocols to measure and verify the 

13 performance of stormwater infrastructure prod14 ucts and practices; 

15 (D) provide information regarding research 

16 conducted under subparagraph (A), manuals 

17 developed under subparagraph (B), and testing 

18 and evaluation performed under subparagraph 

19 (C) to the national electronic clearinghouse cen20 ter for publication on the Internet website es21 tablished under subsection (c) to provide to the 

22 Federal Government and State, tribal, and local 

23 governments and the private sector information 

24 regarding innovative stormwater control infra25 structure; 


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1 (E) provide technical assistance to State, 

2 tribal, and local governments to assist with the 

3 construction, operation, and maintenance of in4 novative stormwater control infrastructure 

5 projects; 

6 (F) collaborate with institutions of higher 

7 education and private and public organizations 

8 in the geographical region in which the center 

9 is located on innovative stormwater control in10 frastructure research and technical assistance 

11 projects; 

12 (G) assist institutions of higher education, 

13 secondary schools, and vocational schools to de14 velop innovative stormwater control infrastruc15 ture curricula; 

16 (H) provide training regarding innovative 

17 stormwater control infrastructure to institutions 

18 of higher education and professional schools; 

19 (I) evaluate regulatory and policy issues 

20 relating to innovative stormwater control infra21 structure; and 

22 (J) coordinate with the other centers to 

23 avoid duplication of efforts. 

24 (b) APPLICATION.—To be eligible to receive a grant 

25 under this section, an eligible institution shall prepare and 


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1 submit to the Administrator an application at such a time, 

2 in such form, and containing such information as the Ad3 ministrator may require. 

4 (c) NATIONAL ELECTRONIC CLEARINGHOUSE CEN5 TER.—Of the centers established under subsection (a)(1), 

6 one shall— 

7 (1) be designated as the ‘‘national electronic 

8 clearinghouse center’’; and 

9 (2) in addition to the other functions of that 

10 center— 

11 (A) develop, operate, and maintain an 

12 Internet website and a public database that 

13 contains information relating to innovative 

14 stormwater control infrastructure; and 

15 (B) post to the website information from 

16 all centers. 

17 SEC. 255. INNOVATIVE STORMWATER CONTROL INFRA18 STRUCTURE PROJECT GRANTS. 

19 (a) GRANT AUTHORITY.—The Administrator shall 

20 provide grants, on a competitive basis, to eligible entities 

21 to carry out innovative stormwater control infrastructure 

22 projects in accordance with this section. 

23 (b) INNOVATIVE STORMWATER CONTROL INFRA24 STRUCTURE PROJECTS.— 


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1 (1) PLANNING AND DEVELOPMENT GRANTS.— 

2 The Administrator may make planning and develop3 ment grants under this section for the following 

4 projects: 

5 (A) Planning and designing innovative 

6 stormwater control infrastructure projects, in7 cluding engineering surveys, landscape plans, 

8 maps, and implementation plans. 

9 (B) Identifying and developing standards 

10 and revisions to local zoning, building, or other 

11 local codes necessary to accommodate innova12 tive stormwater control infrastructure projects. 

13 (C) Identifying and developing fee struc14 tures to provide financial support for design, in15 stallation, and operations and maintenance of 

16 innovative stormwater control infrastructure. 

17 (D) Developing training and educational 

18 materials regarding innovative stormwater con19 trol infrastructure for distribution to— 

20 (i) individuals and entities with appli21 cable technical knowledge; and 

22 (ii) the public. 

23 (E) Developing an innovative stormwater 

24 control infrastructure portfolio standard pro25 gram described in section 6(e). 


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1 (2) IMPLEMENTATION GRANTS.—The Adminis2 trator may make implementation grants under this 

3 section for the following projects: 

4 (A) Installing innovative stormwater con5 trol infrastructure. 

6 (B) Protecting or restoring interconnected 

7 networks of natural areas that protect water 

8 quality. 

9 (C) Monitoring and evaluating the environ10 mental, economic, or social benefits of innova11 tive stormwater control infrastructure. 

12 (D) Implementing a best practices stand13 ard for an innovative stormwater control infra14 structure program. 

15 (E) Implementing an innovative 

16 stormwater control infrastructure portfolio 

17 standard program described in section 6(e). 

18 (c) APPLICATION.—Except as otherwise provided in 

19 this Act, to be eligible to receive a grant under this section, 

20 an eligible entity shall prepare and submit to the Adminis21 trator an application at such time, in such form, and con22 taining such information as the Administrator may re23 quire, including, as applicable— 

24 (1) a description of the innovative stormwater 

25 control infrastructure project; 


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1 (2) a plan for monitoring the impacts of the in2 novative stormwater control infrastructure project 

3 on the water quality and quantity; 

4 (3) an evaluation of other environmental, eco5 nomic, and social benefits of the innovative 

6 stormwater control infrastructure project; and 

7 (4) a plan for the long-term operation and 

8 maintenance of the innovative stormwater control in9 frastructure project. 

10 (d) ADDITIONAL REQUIREMENT FOR INNOVATIVE

11 STORMWATER CONTROL INFRASTRUCTURE PORTFOLIO

12 STANDARD PROJECT.—In addition to an application 

13 under subsection (c), a State or Indian tribe applying for 

14 a grant for an innovative stormwater control infrastruc15 ture portfolio standard program described in section 6(e) 

16 shall prepare and submit to the Administrator a schedule 

17 of increasing minimum percentages of the annual water 

18 to be managed using innovative stormwater control infra19 structure under the program. 

20 (e) PRIORITY.—In making grants under this section, 

21 the Administrator shall give priority to applications sub22 mitted on behalf of— 

23 (1) a community that— 


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1 (A) has combined storm and sanitary sew2 ers in the collection system of the community; 

3 or 

4 (B) is a low-income or disadvantaged com5 munity, as determined by the Administrator; or 

6 (2) an eligible entity that will use not less than 

7 10 percent of the grant to provide service to a low8 income or disadvantaged community, as determined 

9 by the Administrator. 

10 (f) MAXIMUM AMOUNTS.— 

11 (1) PLANNING AND DEVELOPMENT GRANTS.— 

12 (A) SINGLE GRANT.—The amount of a sin13 gle planning and development grant provided 

14 under this section shall be not more than 

15 $200,000. 

16 (B) AGGREGATE AMOUNT.—The total 

17 amount of all planning and development grants 

18 provided under this section for a fiscal year 

shall be not more than 1 19 ⁄3 of the total amount 

20 made available to carry out this section. 

21 (2) IMPLEMENTATION GRANTS.— 

22 (A) SINGLE GRANT.—The amount of a sin23 gle implementation grant provided under this 

24 section shall be not more than $3,000,000. 


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1 (B) AGGREGATE AMOUNT.—The total 

2 amount of all implementation grants provided 

3 under this section for a fiscal year shall be not 

more than 2 4 ⁄3 of the total amount made avail5 able to carry out this section. 

6 (g) FEDERAL SHARE.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (3), the Federal share of a grant provided 

9 under this section shall not exceed 65 percent of the 

10 total project cost. 

11 (2) CREDIT FOR IMPLEMENTATION GRANTS.— 

12 The Administrator shall credit toward the non-Fed13 eral share of the cost of an implementation project 

14 carried out under this section the cost of planning, 

15 design, and construction work completed for the 

16 project using funds other than funds provided under 

17 this Act. 

18 (3) EXCEPTION.—The Administrator may waive 

19 the Federal share limitation under paragraph (1) for 

20 an eligible entity that has adequately demonstrated 

21 financial need. 


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1 SEC. 256. ENVIRONMENTAL PROTECTION AGENCY INNOVA2 TIVE STORMWATER CONTROL INFRASTRUC3 TURE PROMOTION. 

4 (a) IN GENERAL.—The Administrator shall ensure 

5 that the Office of Water, the Office of Enforcement and 

6 Compliance, the Office of Research and Development, and 

7 the Office of Policy of the Environmental Protection Agen8 cy promote the use of innovative stormwater control infra9 structure in and coordinate the integration of innovative 

10 stormwater control infrastructure into permitting pro11 grams, planning efforts, research, technical assistance, 

12 and funding guidance. 

13 (b) DUTIES.—The Administrator shall ensure that 

14 the Office of Water— 

15 (1) promotes the use of innovative stormwater 

16 control infrastructure in the programs of the Envi17 ronmental Protection Agency; 

18 (2) supports establishing public-private partner19 ships and other innovative financing mechanisms in 

20 the implementation of innovative stormwater control 

21 infrastructure; and 

22 (3) coordinates efforts to increase the use of in23 novative stormwater control infrastructure with— 

24 (A) other Federal departments and agen25 cies; 


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1 (B) State, tribal, and local governments; 

2 and 

3 (C) the private sector. 

4 (c) REGIONAL INNOVATIVE STORMWATER CONTROL

5 INFRASTRUCTURE PROMOTION.—The Administrator shall 

6 direct each regional office of the Environmental Protection 

7 Agency, as appropriate based on local factors, to promote 

8 and integrate the use of innovative stormwater control in9 frastructure within the region that includes— 

10 (1) a plan for monitoring, financing, mapping, 

11 and designing the innovative stormwater control in12 frastructure; 

13 (2) outreach and training regarding innovative 

14 stormwater control infrastructure implementation 

15 for State, tribal, and local governments, tribal com16 munities, and the private sector; and 

17 (3) the incorporation of innovative stormwater 

18 control infrastructure into permitting and other reg19 ulatory programs, codes, and ordinance development, 

20 including the requirements under consent decrees 

21 and settlement agreements in enforcement actions. 

22 (d) INNOVATIVE STORMWATER CONTROL INFRA23 STRUCTURE INFORMATION-SHARING.—The Administrator 

24 shall promote innovative stormwater control infrastructure 

25 information-sharing, including through an Internet 


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1 website, to share information with, and provide technical 

2 assistance to, State, tribal, and local governments, tribal 

3 communities, the private sector, and the public regarding 

4 innovative stormwater control infrastructure approaches 

5 for— 

6 (1) reducing water pollution; 

7 (2) protecting water resources; 

8 (3) complying with regulatory requirements; 

9 and 

10 (4) achieving other environmental, public 

11 health, and community goals. 

12 (e) INNOVATIVE STORMWATER CONTROL INFRA13 STRUCTURE PORTFOLIO STANDARD.—The Administrator, 

14 in collaboration with State, tribal, and local water resource 

15 managers, shall establish voluntary measurable goals, to 

16 be known as the ‘‘innovative stormwater control infra17 structure portfolio standard’’, to increase the percentage 

18 of annual water managed by eligible entities that use inno19 vative stormwater control infrastructure. 

20 SEC. 257. REPORT TO CONGRESS. 

21 Not later than September 30, 2017, the Adminis22 trator shall submit to Congress a report that includes, 

23 with respect to the period covered by the report— 

24 (1) a description of all grants provided under 

25 this Act; 


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1 (2) a detailed description of— 

2 (A) the projects supported by those grants; 

3 and 

4 (B) the outcomes of those projects; 

5 (3) a description of the improvements in tech6 nology, environmental benefits, resources conserved, 

7 efficiencies, and other benefits of the projects funded 

8 under this Act; 

9 (4) recommendations for improvements to pro10 mote and support innovative stormwater control in11 frastructure for the centers, grants, and activities 

12 under this Act; and 

13 (5) a description of existing challenges con14 cerning the use of innovative stormwater control in15 frastructure. 

16 SEC. 258. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated to carry out 

18 this Act such sums as are necessary for each of fiscal 

19 years 2016 through 2021. 


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1 TITLE III—IMPROVED INFRA2 STRUCTURE AND WATER 

3 MANAGEMENT 

4 Subtitle A—Restoring America’s 

5 Watersheds and Increasing 

6 Water Yields 

7 SEC. 301. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Restoring Amer9 ica’s Watersheds Act of 2015’’. 

10 SEC. 302. FINDINGS. 

11 Congress makes the following findings: 

12 (1) Watershed health and effective headwaters 

13 management can have multiple benefits for water 

14 supply reliability, water quality, and ecosystems. 

15 (2) Investments to restore meadows, forests, 

16 and watersheds will improve their critical 

17 hydrological functions and reduce wildfire impacts. 

18 (3) Proper ecosystem restoration could increase 

19 groundwater storage by 50,000 to 500,000 acre-feet 

20 per year just within the National Forest System 

21 lands in the Sierra bioregion of the State of Cali22 fornia. 

23 (4) Improved headwaters management would 

24 have a similarly significant impact on groundwater 


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1 storage within National Forest System lands across 

2 the western States. 

3 (5) Source watersheds are recognized and de4 fined as an integral part of federally funded water 

5 systems. 

6 SEC. 303. WATER SOURCE PROTECTION PROGRAM. 

7 Subtitle A of title III of the Omnibus Public Land 

8 Management Act of 2009 (Public Law 111–11; 123 Stat. 

9 1126) is amended by adding at the end the following: 

10 ‘‘SEC. 3002. WATER SOURCE PROTECTION PROGRAM. 

11 ‘‘(a) IN GENERAL.—The Secretary of Agriculture, 

12 acting through the Chief of the Forest Service (referred 

13 to in this section as the ‘Secretary’), shall establish and 

14 maintain a Water Source Protection Program (referred to 

15 in this section as the ‘Program’) within the National For16 est System west of the 100th Meridian. 

17 ‘‘(b) WATER SOURCE INVESTMENT PARTNER18 SHIPS.— 

19 ‘‘(1) IN GENERAL.—In carrying out the Pro20 gram, the Secretary may enter into water source in21 vestment partnerships with end water users (includ22 ing States, political subdivisions, Indian tribes, utili23 ties, municipal water systems, irrigation districts, 

24 nonprofit organizations, and corporations) to protect 

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1 sheds that provide water to the non-Federal part2 ners. 

3 ‘‘(2) FORM.—A partnership described in para4 graph (1) may take the form of memoranda of un5 derstanding, cost-share or collection agreements, 

6 long-term match funding commitments, or other ap7 propriate instruments. 

8 ‘‘(c) WATER SOURCE MANAGEMENT PLAN.— 

9 ‘‘(1) IN GENERAL.—In carrying out the Pro10 gram, the Secretary may produce a water source 

11 management plan in cooperation with the water 

12 source investment partnership participants and 

13 State, local, and tribal governments. 

14 ‘‘(2) FIREWOOD.—A water source management 

15 plan may give priority to projects that facilitate the 

16 gathering of firewood for personal use pursuant to 

17 section 223.5 of title 36, Code of Federal Regula18 tions (or successor regulations). 

19 ‘‘(3) ENVIRONMENTAL ANALYSIS.—The Sec20 retary may conduct— 

21 ‘‘(A) a single environmental impact state22 ment or similar analysis required under the Na23 tional Environmental Policy Act of 1969 (42 

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1 toration projects in the water source manage2 ment plan; and 

3 ‘‘(B) a statement or analysis described in 

4 subparagraph (A) as part of the development of 

5 the water source management plan or after the 

6 finalization of the plan. 

7 ‘‘(4) ENDANGERED SPECIES ACT.—In carrying 

8 out the Program, the Secretary may use the Manual 

9 on Adaptive Management of the Department of the 

10 Interior, including any associated guidance, for pur11 poses of fulfilling any requirements under the En12 dangered Species Act of 1973 (16 U.S.C. 1531 et 

13 seq.). 

14 ‘‘(5) FUNDS AND SERVICES.— 

15 ‘‘(A) IN GENERAL.—In carrying out the 

16 Program, the Secretary may accept and use 

17 funding, services, and other forms of investment 

18 and assistance from water source investment 

19 partnership participants to implement the water 

20 source management plan. 

21 ‘‘(B) MANNER OF USE.—The Secretary 

22 may accept and use investments described in 

23 subparagraph (A) directly or indirectly through 

24 the National Forest Foundation. 


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1 ‘‘(C) WATER SOURCE PROTECTION

2 FUND.— 

3 ‘‘(i) IN GENERAL.—Subject to the 

4 availability of appropriations, the Secretary 

5 may establish a Water Source Protection 

6 Fund to match funds or in-kind support 

7 contributed by water source investment 

8 partnership participants under subpara9 graph (A). 

10 ‘‘(ii) USE OF APPROPRIATED

11 FUNDS.—The Secretary may use funds ap12 propriated to carry out this subparagraph 

13 to make multiyear commitments, if nec14 essary, to implement one or more water 

15 source investment partnership agree16 ments.’’. 

17 SEC. 304. WATERSHED CONDITION FRAMEWORK. 

18 Subtitle A of title III of the Omnibus Public Land 

19 Management Act of 2009 (Public Law 111–11; 123 Stat. 

20 1126) is amended by inserting after section 3002, as 

21 added by section 303, the following: 

22 ‘‘SEC. 3003. WATERSHED CONDITION FRAMEWORK. 

23 ‘‘(a) IN GENERAL.—The Secretary of Agriculture, 

24 acting through the Chief of the Forest Service (referred 

25 to in this section as the ‘Secretary’), shall establish and 


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1 maintain a Watershed Condition Framework within the 

2 National Forest System west of the 100th Meridian— 

3 ‘‘(1) to evaluate and classify the condition of 

4 watersheds, taking into consideration— 

5 ‘‘(A) water quality and quantity; 

6 ‘‘(B) aquatic habitat and biota; 

7 ‘‘(C) riparian and wetland vegetation; 

8 ‘‘(D) the presence of roads and trails; 

9 ‘‘(E) soil type and condition; 

10 ‘‘(F) groundwater-dependent ecosystems; 

11 ‘‘(G) relevant terrestrial indicators, such as 

12 fire regime, risk of catastrophic fire, forest and 

13 rangeland vegetation, invasive species, and in14 sects and disease; and 

15 ‘‘(H) other significant factors, as deter16 mined by the Secretary; 

17 ‘‘(2) to identify for restoration up to 5 priority 

18 watersheds in each National Forest, and up to 2 pri19 ority watersheds in each national grassland, taking 

20 into consideration the impact of the condition of the 

21 watershed condition on— 

22 ‘‘(A) wildfire behavior; 

23 ‘‘(B) flood risk; 

24 ‘‘(C) fish and wildlife; 

25 ‘‘(D) drinking water supplies; 


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1 ‘‘(E) irrigation water supplies; 

2 ‘‘(F) forest-dependent communities; and 

3 ‘‘(G) other significant impacts, as deter4 mined by the Secretary; 

5 ‘‘(3) to develop a watershed restoration action 

6 plan for each priority watershed that— 

7 ‘‘(A) takes into account existing restora8 tion activities being implemented in the water9 shed; and 

10 ‘‘(B) includes, at a minimum— 

11 ‘‘(i) the major stressors responsible 

12 for the impaired condition of the water13 shed; 

14 ‘‘(ii) a set of essential projects that, 

15 once completed, will address the identified 

16 stressors and improve watershed condi17 tions; 

18 ‘‘(iii) a proposed implementation 

19 schedule; 

20 ‘‘(iv) potential partners and funding 

21 sources; and 

22 ‘‘(v) a monitoring and evaluation pro23 gram; 

24 ‘‘(4) to prioritize restoration activities for each 

25 watershed restoration action plan; 


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1 ‘‘(5) to implement each watershed restoration 

2 action plan; and 

3 ‘‘(6) to monitor the effectiveness of restoration 

4 actions and indicators of watershed health. 

5 ‘‘(b) COORDINATION.—Throughout the establishment 

6 and maintenance of the Watershed Condition Framework, 

7 the Secretary shall— 

8 ‘‘(1) coordinate with interested non-Federal 

9 landowners and with State, tribal, and local govern10 ments within the relevant watershed; and 

11 ‘‘(2) provide for an active and ongoing public 

12 engagement process. 

13 ‘‘(c) EMERGENCY DESIGNATION.—Notwithstanding 

14 subsection (a)(2), the Secretary may identify a watershed 

15 as a priority for rehabilitation in the Watershed Condition 

16 Framework without using the process described in sub17 section (a), if the appropriate Forest Supervisor deter18 mines that— 

19 ‘‘(1) a wildfire has significantly diminished the 

20 condition of the watershed; and 

21 ‘‘(2) the emergency stabilization activities of the 

22 Burned Area Emergency Response Team are insuffi23 cient to return the watershed to proper function.’’. 


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1 SEC. 305. FOREST SERVICE LEGACY ROADS AND TRAILS RE2 MEDIATION PROGRAM. 

3 (a) IN GENERAL.—The Secretary of Agriculture, act4 ing through the Chief of the Forest Service (referred to 

5 in this section as the ‘‘Secretary’’), shall establish and 

6 maintain a Forest Service Legacy Roads and Trails Reme7 diation Program (referred to in this section as the ‘‘Pro8 gram’’) within the National Forest System west of the 

9 100th Meridian— 

10 (1) to carry out critical maintenance and urgent 

11 repairs and improvements on National Forest Sys12 tem roads, trails, and bridges; 

13 (2) to restore fish and other aquatic organism 

14 passage by removing or replacing unnatural barriers 

15 to the passage of fish and other aquatic organisms; 

16 (3) to decommission unneeded roads and trails; 

17 and 

18 (4) to carry out associated activities. 

19 (b) PRIORITY.—In implementing the Program, the 

20 Secretary shall give priority to projects that protect or re21 store— 

22 (1) water quality; 

23 (2) watersheds that feed public drinking water 

24 systems; or 

25 (3) habitat for threatened, endangered, and 

26 sensitive fish and wildlife species. 


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1 (c) NATIONAL FOREST SYSTEM.—Except as author2 ized under section 323 of the Department of the Interior 

3 and Related Agencies Appropriations Act, 1999 (16 

4 U.S.C. 1011a), all projects carried out under the Program 

5 shall be on National Forest System roads. 

6 (d) NATIONAL PROGRAM STRATEGY.—Not later than 

7 180 days after the date of enactment of this Act, the Sec8 retary shall develop a national strategy for implementing 

9 the Program. 

10 SEC. 306. REAUTHORIZATION OF THE COLLABORATIVE 

11 FOREST LANDSCAPE RESTORATION FUND. 

12 Section 4003(f)(6) of the Omnibus Public Land Man13 agement Act of 2009 (16 U.S.C. 7303(f)(6)) is amended 

14 by striking ‘‘2019, to remain available until expended’’ 

15 and inserting ‘‘2015, and $80,000,000 for each of fiscal 

16 years 2016 through 2024, to remain available until ex17 pended’’. 

18 Subtitle B—Reservoir Operation 

19 Improvement 

20 SEC. 311. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Five Demonstra22 tions of Advancing Yields by Fixing Operations of Res23 ervoirs to Encompass Climatic and Atmospheric Science 

24 Trends Act’’. 


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1 SEC. 312. PROJECTS, PLANS, AND REPORTS. 

2 (a) SPECIFIC INFORMATION.—Not later than 90 days 

3 after the date of enactment of this Act, the Secretary of 

4 the Army shall provide to the Committees on Appropria5 tions of the House of Representatives and the Senate a 

6 report including the following information for any State 

7 under a gubernatorial drought declaration during water 

8 year 2015: 

9 (1) A list of Army Corps and non-Army Corps 

10 (section 7 of the Flood Control Act of 1944 (33 

11 U.S.C. 709)) projects that have a water control 

12 plan. 

13 (2) The year the original water control manual 

14 was approved. 

15 (3) The year for any subsequent revisions to 

16 the project’s water control plan and manual. 

17 (4) A list of projects in which operational devi18 ations for drought contingency have been requested 

19 or implemented and the status of the request. 

20 (5) How water conservation and water quality 

21 improvements were addressed. 

22 (6) A list of projects where permanent changes 

23 to storage allocations have been requested and the 

24 status of the request. 

25 (b) IDENTIFICATION OF PROJECTS.—Not later than 

26 60 days after completion of the report under subsection 


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1 (a), the Secretary of the Army, in consultation with the 

2 National Oceanic and Atmospheric Administration, shall 

3 identify any projects from the report that meet the fol4 lowing criteria: 

5 (1) Located in a State in which a drought 

6 emergency has been declared or was in effect during 

7 the 1-year period preceding the date of completion 

8 of the report by the Secretary under subsection (a). 

9 (2) Future revision of a water operations man10 ual, including flood control rule curves, based on the 

11 better use of improved weather forecasting or run12 off forecasting methods, new watershed data, or 

13 changes to project operations, would be likely to en14 hance the existing authorized project purposes for 

15 water supply storage capacity and reliability, or 

16 flood control operations. 

17 (c) ADDITIONAL PROJECTS.—In addition, not later 

18 than 60 days after completion of the report in subsection 

19 (a), the Secretary of the Army shall identify any non20 Corps projects that meet the criteria in subsection (b) and 

21 the following 2 criteria: 

22 (1) The owner of the non-Corps project has 

23 submitted to the Secretary of the Army a formal re24 quest to review or revise the operations manual or 

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1 shed data or projected project modifications or oper2 ational changes. 

3 (2) The modifications or operational changes 

4 proposed by the owner of the non-Corps projects are 

5 likely to enhance water supply benefits and flood 

6 control operations. 

7 (d) PILOT PROJECTS.—Not later than 1 year after 

8 identification of the projects in subsections (b) and (c), 

9 if any, the Secretary of the Army, in consultation with 

10 the National Oceanic and Atmospheric Administration, 

11 shall establish not more than 5 pilot projects to implement 

12 forecast-based reservoir operations. 

13 (e) COORDINATION WITH NON-FEDERAL PROJECT

14 SPONSOR.— 

15 (1) IN GENERAL.—If any of the projects identi16 fied in subsections (b) and (c) are non-Federal 

17 projects, the Secretary of the Army, prior to car18 rying out an activity under this section, shall consult 

19 with the non-Federal project sponsor and enter into 

20 a cooperative agreement, memorandum of under21 standing, or other agreement with the non-Federal 

22 project sponsor. 

23 (2) DEFINITION.—In this subsection, the term 

24 ‘‘non-Federal project sponsor’’ means an entity or a 

25 local government entity, including a municipal water 


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1 district, that currently manages (in whole or in part) 

2 an Army Corps of Engineers dam or reservoir. 

3 (f) FORECAST-BASED RESERVOIR OPERATIONS

4 PLAN.—As part of the pilot project under subsection (d), 

5 the Secretary, in consultation with the National Oceanic 

6 and Atmospheric Administration, in designing and imple7 menting a forecast-based reservoir operations plan, shall 

8 include the following: 

9 (1) The relationship between ocean and atmos10 pheric conditions, including the El Nin ̃o and La 

11 Nin ̃a cycles, and the potential for above normal, nor12 mal, and below normal rainfall for the coming water 

13 year. 

14 (2) The precipitation and runoff index specific 

15 to the basin and watershed of the relevant dam or 

16 reservoir, including incorporating information about 

17 hydrological and meteorological conditions that influ18 ence the timing and quantity of runoff. 

19 (3) Improved hydrologic forecasting for precipi20 tation, snowpack, streamflow, and soil moisture con21 ditions. 

22 (4) An adjustment of operational flood control 

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1 fits for flows and temperature, and other authorized 

2 project benefits, without a reduction in flood safety. 

3 (5) Proactive management in response to 

4 changes in forecasts. 

5 (g) NON-FEDERAL FUNDS.—Upon finalizing an 

6 agreement with a non-Federal project sponsor pursuant 

7 to subsection (e), the Secretary of the Army may accept 

8 non-Federal funds for all or a portion of the cost of car9 rying out a review or revision of water control manuals 

10 and flood control rule curves. 

11 (h) NO ADDITIONAL AUTHORITY.—Revisions of the 

12 manuals referred to in subsection (b) shall not interfere 

13 with authorized purposes. Nothing in this Act authorizes 

14 the Secretary of the Army to carry out, at a Corps of En15 gineers dam or reservoir, any project for a purpose not 

16 otherwise authorized as of the date of enactment of this 

17 Act. 

18 (i) CONSULTATION.—In implementing the pilot 

19 projects pursuant to subsection (d), the Secretary of the 

20 Army may consult with other affected interests, including 

21 non-Federal entities responsible for operations and main22 tenance costs of a Corps facility, affected water rights 

23 holders, individuals and entities with storage entitlements, 

24 and local agencies with flood control responsibilities down25 stream of a Corps facility. 


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1 (j) CHANGE TO OPERATIONS MANUAL.—Not later 

2 than 180 days after the completion of a change to the 

3 operations manual or flood control rule curves, the Sec4 retary shall submit a report to the appropriate committees 

5 of Congress regarding the components of the forecast6 based reservoir operations plan incorporated into the 

7 change. 

8 Subtitle C—Reclamation Projects 

9 for Renewable Energy To Re10 duce Evaporation Loss 

11 SEC. 320. FINDINGS AND PURPOSE. 

12 (a) FINDINGS.—The Congress finds that— 

13 (1) evaporative loss along Bureau of Reclama14 tion reservoirs, canals, and other conveyance systems 

15 reduces the quantity and reliability of water deliv16 eries; 

17 (2) drought and extreme aridity from changing 

18 weather patterns will contribute to increased evapo19 rative loss in the future; and 

20 (3) existing Central Valley Project operations 

21 assume a conveyance loss for evaporation and seep22 age south of the Delta of 150,000 acre-feet annu23 ally. 

24 (b) PURPOSE.—The purpose of this subtitle is to ex25 pand investments in infrastructure for Bureau of RecVerDate Sep 11 2014 02:36 Jul 24, 2015 Jkt 049200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S1837.IS S1837

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1 lamation reservoirs, canals, and other conveyance systems, 

2 that will provide shade, reduce evaporative loss, and in3 crease water supplies in the arid western States. 

4 SEC. 321. DEFINITIONS. 

5 In this subtitle: 

6 (1) COVERED LAND.—The term ‘‘covered land’’ 

7 means land that is— 

8 (A) land under the administrative jurisdic9 tion of the Bureau of Reclamation; and 

10 (B) not excluded from the development of 

11 solar or wind energy under— 

12 (i) a final land use plan established 

13 under the Federal Land Policy and Man14 agement Act of 1976 (43 U.S.C. 1701 et 

15 seq.); or 

16 (ii) Federal law. 

17 (2) FUND.—The term ‘‘Fund’’ means the Fish 

18 and Wildlife Restoration Fund established under 

19 section 324. 

20 (3) PUBLIC LAND.—The term ‘‘public land’’ 

21 has the meaning given the term ‘‘public lands’’ in 

22 section 103 of the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1702). 

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

25 the Secretary of the Interior. 


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1 SEC. 322. EVALUATION AND REPORT. 

2 (a) IN GENERAL.—Not later than one year after the 

3 date of the enactment of this Act, the Secretary shall com4 plete an evaluation and report to Congress on the potential 

5 for developing rights-of-way along Bureau of Reclamation 

6 canals and infrastructure, including reservoirs, for solar 

7 or wind energy production through leasing of lands or 

8 other means. 

9 (b) REPORT.—The report to Congress shall specify— 

10 (1) the location of potential rights-of-way for 

11 energy production; 

12 (2) estimates of water losses due to evaporation 

13 that would be reduced due to shade and other bene14 fits from energy production; 

15 (3) the total acreage available for energy pro16 duction; 

17 (4) existing transmission infrastructure at such 

18 locations; 

19 (5) estimates of fair market leasing value of po20 tential energy sites; and 

21 (6) estimates of energy development potential 

22 at sites. 

23 SEC. 323. DEVELOPMENT OF SOLAR AND WIND ENERGY ON 

24 COVERED LAND. 

25 (a) PILOT PROGRAM ON SELECTED COVERED

26 LAND.— 


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1 (1) ESTABLISHMENT.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary shall establish a wind and solar energy leas4 ing pilot program under which the Secretary con5 ducts lease sales of certain sites located on covered 

6 land for purposes of carrying out wind and solar en7 ergy projects. 

8 (2) SELECTION OF SITES ON COVERED LAND.— 

9 (A) IN GENERAL.—Not later than 90 days 

10 after the date the pilot program is established 

11 under paragraph (1), the Secretary shall select 

12 from covered land— 

13 (i) 1 site for the development of a 

14 solar energy project; and 

15 (ii) 1 site for the development of a 

16 wind energy project. 

17 (B) SITE SELECTION.—In selecting sites 

18 under subparagraph (A), the Secretary shall— 

19 (i) give a preference to sites that the 

20 Secretary determines— 

21 (I) are likely to attract a high 

22 level of wind and solar energy indus23 try interest; 

24 (II) would likely have a positive 

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1 ducing water loss from evaporation by 

2 providing shade and temperature re3 ductions, or beneficial impacts from 

4 energy production and infrastructure; 

5 and 

6 (III) would serve as models for 

7 the expansion of the pilot program to 

8 other locations if the program is ex9 panded under subsection (c); 

10 (ii) take into consideration the value 

11 of the multiple resources of the covered 

12 land on which such sites are located; and 

13 (iii) not select any site for which a 

14 right-of-way or special use permit for site 

15 testing or construction has been issued 

16 under title V of the Federal Land Policy 

17 and Management Act of 1976 (43 U.S.C. 

18 1761 et seq.). 

19 (3) LEASE SALES OF PROJECT SITES.— 

20 (A) IN GENERAL.—Except as provided in 

21 paragraph (4)(B)(i), not later than 180 days 

22 after the date on which sites are selected under 

23 paragraph (2), the Secretary shall offer each 

24 site for competitive leasing under such terms 

25 and conditions as the Secretary requires. 


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1 (B) BIDDING.—Bidding on a site offered 

2 for lease under this subsection shall be— 

3 (i) limited to one round; 

4 (ii) open only to bidders who— 

5 (I) submit a plan of development 

6 for such site together with the bid; 

7 and 

8 (II) the Secretary determines are 

9 qualified under subparagraph (C)(ii); 

10 and 

11 (iii) conducted using a bidding system 

12 selected by the Secretary, including— 

13 (I) a cash bonus bids system re14 quiring payment of the royalty estab15 lished under this Act; 

16 (II) a variable royalty bids sys17 tem based on a percentage of the 

18 gross proceeds from the sale of elec19 tricity produced from the site offered 

20 for lease, except that the royalty shall 

21 not be less than the royalty required 

22 under this Act, together with a fixed 

23 cash bonus; or 

24 (III) such other bidding system 

25 as ensures a fair return to the public 


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1 consistent with the royalty established 

2 under this Act. 

3 (C) BIDDER QUALIFICATIONS.—The Sec4 retary shall— 

5 (i) before conducting any lease sale 

6 under this subsection, establish qualifica7 tion requirements for bidders on a site of8 fered for lease that ensure that such bid9 ders, with respect to wind or solar energy 

10 projects— 

11 (I) are able to expeditiously de12 velop such a project on the site; 

13 (II) possess the financial re14 sources necessary to complete such a 

15 project; 

16 (III) possess knowledge of the 

17 technology needed to complete such a 

18 project; 

19 (IV) meet eligibility requirements 

20 that are substantially similar to the 

21 eligibility requirements for leasing 

22 that apply under the first section of 

23 the Mineral Leasing Act (30 U.S.C. 

24 181 et seq.); and 


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1 (V) possess such other qualifica2 tions as the Secretary determines are 

3 necessary; and 

4 (ii) using the requirements established 

5 under clause (i), determine whether a per6 son is qualified to be a bidder on a site of7 fered for lease under this subsection. 

8 (D) CREDIT FOR BID PREPARATION EX9 PENDITURES.—In the case of a site offered for 

10 lease under this subsection with respect to 

11 which more than one bid is submitted on the 

12 date of the lease sale of such site, the Secretary 

13 shall give credit to each person who submitted 

14 a bid with respect to such site for expenditures 

15 such person incurred in the preparation of such 

16 bid. 

17 (4) LEASE TERMS.— 

18 (A) IN GENERAL.—The Secretary may es19 tablish such lease terms and conditions, includ20 ing the duration of the lease with respect to any 

21 site offered for lease under this subsection. 

22 (B) SHORT-TERM LEASES FOR DATA COL23 LECTION.—In carrying out this subsection, the 

24 Secretary shall— 


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1 (i) offer on a noncompetitive basis a 

2 short-term lease on not less than one site 

3 selected under paragraph (2) for purposes 

4 of data collection; and 

5 (ii) upon the expiration of the short6 term lease, offer on a competitive basis a 

7 long-term lease, giving credit toward the 

8 bonus bid submitted with respect to the 

9 long-term lease to the holder of the short10 term lease for any qualified expenditures 

11 made by such holder to collect data or to 

12 develop the site during such short-term 

13 lease. 

14 (5) REVENUES.—Subject to section 324, the 

15 Secretary may collect bonus bids, royalties, fees, or 

16 other payments (except rental payments) with re17 spect to sites offered for lease under this subsection. 

18 (6) REPORT.—Not later than 90 days after the 

19 date on which the Secretary conducts the final lease 

20 sale under this subsection, the Secretary shall sub21 mit to the Committee on Energy and Natural Re22 sources of the Senate and the Committee on Natural 

23 Resources of the House of Representatives a report 

24 on the results of each lease sale conducted under 

25 this subsection, including— 


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1 (A) the level of competitive interest; 

2 (B) a summary of bids and revenues re3 ceived; and 

4 (C) any other factors that may have im5 pacted the lease sale. 

6 (7) OTHER LAWS.— 

7 (A) COMPLIANCE WITH LAND MANAGE8 MENT AND ENVIRONMENTAL LAWS.—In offer9 ing sites for lease under this subsection, the 

10 Secretary concerned shall comply with— 

11 (i) all Federal laws applicable to lands 

12 under the administrative jurisdiction of the 

13 Bureau of Land Management; and 

14 (ii) Federal or State environmental 

15 laws or any other relevant laws. 

16 (B) APPLICABILITY TO WIND AND SOLAR

17 ENERGY PROJECTS UNDER OTHER FEDERAL

18 LAWS.—Nothing in this subsection shall be con19 strued so as to prohibit the Secretary from 

20 issuing rights-of-way or special use permits with 

21 respect to wind and solar energy projects in 

22 compliance with other Federal laws and regula23 tions in effect on the date of the enactment of 

24 this Act. 


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1 (8) ENFORCEMENT OF FEDERAL LAND POLICY

2 MANAGEMENT.— 

3 (A) IN GENERAL.—Sections 302(c) and 

4 303 of the Federal Land Policy and Manage5 ment Act of 1976 (43 U.S.C. 1732(c), 1733) 

6 shall apply to activities conducted on sites on 

7 covered land offered for lease under this sub8 section. 

9 (B) EFFECT ON ENFORCEMENT AUTHOR10 ITY UNDER OTHER FEDERAL LAW.—Nothing in 

11 this subsection shall be construed so as to re12 duce or limit the enforcement authority vested 

13 in the Secretary or the Attorney General on 

14 covered land under any other Federal law. 

15 (b) TEMPORARY EXTENSION OF PILOT PROGRAM.— 

16 Until final regulations are issued under subsection (c)(4), 

17 the Secretary shall continue to carry out the pilot program 

18 under subsection (a) on the sites offered for lease under 

19 such subsection. The Secretary may extend any lease 

20 issued for such sites under subsection (a) under the same 

21 terms and conditions applicable to such lease on the date 

22 of the lease sale as necessary until final regulations are 

23 issued under subsection (c)(4) with respect to such sites. 

24 (c) EXPANSION OF PILOT PROGRAM TO ALL COV25 ERED LAND.— 


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1 (1) JOINT DETERMINATION REQUIRED.—Not 

2 later than 5 years after the date of the enactment 

3 of this Act, the Secretary shall determine whether to 

4 expand the pilot program established under sub5 section (a) to apply to all covered land, including 

6 sites with respect to which leases were issued under 

7 subsection (a). In making such determination, the 

8 Secretary shall— 

9 (A) take into consideration the results of 

10 the pilot program; 

11 (B) consult with— 

12 (i) the heads of Federal agencies and 

13 relevant State agencies (including State 

14 fish and wildlife agencies); 

15 (ii) interested States, Indian tribes, 

16 and local governments; 

17 (iii) representatives of the solar and 

18 wind energy industries; 

19 (iv) representatives of the environ20 ment, conservation, and outdoor sporting 

21 communities; and 

22 (v) the public; and 

23 (C) consider whether such expansion— 

24 (i) provides an effective means of de25 veloping wind or solar energy; and 


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1 (ii) is in the public interest. 

2 (2) EXPANSION AUTHORIZED.—The Secretary 

3 shall expand the pilot program only if the Secretary 

4 determined to expand the pilot program under para5 graph (1). 

6 (3) REPORT ON JOINT DETERMINATION.—Not 

7 later than 60 days after making the determination 

8 under paragraph (1) to expand the pilot program, 

9 the Secretary shall submit to the Committee on En10 ergy and Natural Resources of the Senate and the 

11 Committee on Natural Resources of the House of 

12 Representatives a report describing the basis and 

13 findings for the determination. 

14 (4) REGULATIONS TO IMPLEMENT EXPAN15 SION.—Not later than one year after making a de16 termination to expand the pilot program under para17 graph (1), the Secretary shall issue final regulations 

18 to implement this subtitle. 

19 (5) APPLICABILITY OF PROVISIONS OF PILOT

20 PROGRAM TO EXPANDED PROGRAM.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), paragraphs (3), (7), and (8) 

23 of subsection (a) shall apply to covered land of24 fered for lease under this subsection in the 


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1 same manner as such paragraphs apply to sites 

2 offered for lease under subsection (a). 

3 (B) COMPETITIVE LEASING NOT REQUIRED

4 UNDER CERTAIN CIRCUMSTANCES.—The re5 quirement under subsection (a)(3) that a lease 

6 be sold on a competitive basis shall not apply 

7 to a lease issued under this subsection if the 

8 Secretary determines that— 

9 (i) no competitive interest exists for 

10 the covered land offered for lease; 

11 (ii) the public interest would not be 

12 served by the competitive issuance of a 

13 lease with respect to such covered land; or 

14 (iii) the lease is for a purpose de15 scribed in paragraph (7)(A)(ii). 

16 (6) PAYMENTS.— 

17 (A) IN GENERAL.—Subject to section 324, 

18 the Secretary shall establish fees, bonuses, or 

19 other payments (except rental payments) to en20 sure a fair return to the United States for any 

21 lease issued under this subsection. 

22 (B) BONUS BIDS.—The Secretary may 

23 grant credit toward any bonus bid for a quali24 fied expenditure by the holder of a lease de25 scribed in paragraph (7)(A)(ii) in any competiVerDate Sep 11 2014 02:36 Jul 24, 2015 Jkt 049200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S1837.IS S1837

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1 tive lease sale held for a long-term lease of the 

2 covered land that is the subject of the lease de3 scribed in such paragraph. 

4 (C) READJUSTMENT.— 

5 (i) IN GENERAL.—Royalties and other 

6 terms and conditions of a lease issued 

7 under this subsection shall be subject to 

8 readjustment— 

9 (I) on the date that is 15 years 

10 after the date on which the lease is 

11 issued; and 

12 (II) every 10 years thereafter. 

13 (ii) INDEXING.—Effective on the first 

14 day of the first month beginning after the 

15 date of enactment of this Act and each 

16 year thereafter, the amount of royalties or 

17 other terms and conditions subject to read18 justment under clause (i) shall be adjusted 

19 to reflect changes for the 12-month period 

20 ending on the most recent date for which 

21 data are available in the Consumer Price 

22 Index for All Urban Consumers published 

23 by the Bureau of Labor Statistics of the 

24 Department of Labor. 


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1 (7) LEASE DURATION, ADMINISTRATION, AND

2 READJUSTMENT.— 

3 (A) DURATION.— 

4 (i) IN GENERAL.—Except as provided 

5 in clause (ii), a lease issued under this sub6 section shall be for— 

7 (I) an initial term of 25 years; 

8 and 

9 (II) any additional period after 

10 the initial 25-year term during which 

11 electricity is being produced annually 

12 in commercial quantities from the 

13 lease. 

14 (ii) DATA COLLECTION LEASES.—In 

15 the case of a lease issued under this sub16 section for the placement and operation of 

17 a meteorological or data collection facility 

18 or for the development or demonstration of 

19 a new wind or solar energy technology, 

20 such lease shall have a term of not more 

21 than 5 years. 

22 (B) ADMINISTRATION.—The Secretary of 

23 the Interior shall establish terms and conditions 

24 for the issuance, transfer, renewal, suspension, 


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1 and cancellation of a lease issued under this 

2 subsection. 

3 (C) READJUSTMENT PROVISION RE4 QUIRED.—Each lease issued under this sub5 section shall provide for readjustment in ac6 cordance with subparagraph (A). 

7 (8) SURFACE-DISTURBING ACTIVITIES.—The 

8 Secretary shall issue regulations regarding surface9 disturbing activities conducted under any lease 

10 issued under this subsection, including any reclama11 tion and other actions necessary to conserve and to 

12 offset impacts to surface resources. 

13 (9) SECURITY.— 

14 (A) IN GENERAL.—The Secretary shall re15 quire that the holder of a lease issued under 

16 this subsection— 

17 (i) furnish a surety bond or other 

18 form of security, as prescribed by the Sec19 retary; 

20 (ii) provide for the reclamation and 

21 restoration of the covered land that is the 

22 subject of the lease; and 

23 (iii) comply with such other require24 ments as the Secretary considers necessary 


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1 to protect the interests of the public and 

2 the United States. 

3 (B) PERIODIC REVIEW.—Not less fre4 quently than once every 5 years, the Secretary 

5 shall conduct a review of the adequacy of the 

6 surety bond or other form of security provided 

7 by the holder of a lease issued under this sub8 section. 

9 SEC. 324. ROYALTIES. 

10 (a) IN GENERAL.—The Secretary shall require as a 

11 term and condition of any lease issued under section 323, 

12 the payment of a royalty. The Secretary shall establish 

13 such royalty pursuant to a rulemaking. The royalty shall 

14 be a percentage of the gross proceeds from the sale of elec15 tricity produced on covered land that is the subject of such 

16 lease, at a rate that— 

17 (1) encourages production of solar or wind en18 ergy; 

19 (2) ensures a fair return to the public com20 parable to the return that would be obtained on 

21 State or private land; and 

22 (3) encourages the maximum energy generation 

23 while disturbing the least quantity of covered land 

24 and other natural resources, including water. 


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1 (b) CONSIDERATION.—In establishing the royalty 

2 under subsection (a), the Secretary shall consider the rel3 ative capacity factors of wind and solar energy projects. 

4 (c) EXCLUSIVE PAYMENT ON SALE OF ELEC5 TRICITY.—The royalty under subsection (a) shall be the 

6 only rent, royalty, or similar payment to the Federal Gov7 ernment required with respect to the sale of electricity pro8 duced under a lease issued under section 323. 

9 (d) ROYALTY RELIEF.—The Secretary may reduce 

10 the royalty rate established under subsection (a) if the 

11 holder of a lease issued under this Act shows by clear and 

12 convincing evidence that— 

13 (1) collection of the full royalty would unreason14 ably burden energy generation on covered land that 

15 is the subject of the lease; and 

16 (2) the royalty reduction is in the public inter17 est. 

18 (e) ENFORCEMENT.— 

19 (1) AUDITING SYSTEM.—The Secretary shall 

20 establish a comprehensive inspection, collection, fis21 cal, and production accounting and auditing sys22 tem— 

23 (A) to accurately determine royalties, in24 terest, fines, penalties, fees, deposits, and other 

25 payments owed under this subtitle; and 


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1 (B) to collect and account for the pay2 ments in a timely manner. 

3 (2) APPLICABILITY OF FEDERAL OIL AND ROY4 ALTY MANAGEMENT ACT OF 1982.—The provisions of 

5 the Federal Oil and Gas Royalty Management Act 

6 of 1982 (30 U.S.C. 1701 et seq.) (including the civil 

7 and criminal enforcement provisions of such Act) 

8 shall apply to leases issued under this subtitle with 

9 respect to wind and solar energy projects in the 

10 same manner as such provisions apply to oil and gas 

11 leases. 

12 (f) REPORT ON ROYALTIES.—Not later than 5 years 

13 after the date of enactment of this Act and every 5 years 

14 thereafter, the Secretary shall submit to the Committee 

15 on Energy and Natural Resources of the Senate and the 

16 Committee on Natural Resources of the House of Rep17 resentatives a report consisting of a review of the collec18 tions and impacts of the royalties and fees collected under 

19 this subtitle, including— 

20 (1) the total revenues received (by category) on 

21 an annual basis as royalties from wind and solar en22 ergy development and production (specified by en23 ergy source) on covered land; 

24 (2) whether the revenues received for the devel25 opment of wind and solar energy development are 


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1 comparable to the revenues received for similar de2 velopment on State or private land; 

3 (3) any impact on the development of wind and 

4 solar energy on covered land as a result of the royal5 ties; and 

6 (4) any recommendations with respect to 

7 changes in Federal law (including regulations) relat8 ing to the amount or method of collection (including 

9 auditing, compliance, and enforcement) of the royal10 ties. 

11 (g) REGULATIONS.—Not later than one year after the 

12 date of the enactment of this Act, the Secretary shall issue 

13 final regulations to carry out this section. 

14 SEC. 325. DISPOSITION OF ROYALTY REVENUE. 

15 (a) ALLOCATION OF REVENUE.—All amounts col16 lected by the Secretary as royalties or bonuses under sub17 section (a)(5) or (c)(6) of section 323 shall be distributed 

18 as follows: 

19 (1) 25 percent shall be paid by the Secretary of 

20 the Treasury to States within the boundaries of 

21 which the royalties or bonuses are derived, to be al22 located among such States based on the percentage 

23 of covered land from which such royalties or bonuses 

24 are derived in each State. 


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1 (2) 25 percent shall be paid by the Secretary of 

2 the Treasury to the counties within the boundaries 

3 of which the royalties or bonuses are derived, to be 

4 allocated among such counties based on the percent5 age of covered land from which such royalties or bo6 nuses are derived in each county. 

7 (3) 25 percent shall be deposited into the Fish 

8 and Wildlife Restoration Fund established by sub9 section (b) and used in accordance with that sub10 section. 

11 (4) For the period that begins on the date of 

12 the enactment of this Act and ending on the date 

13 that is 15 years after the date of the enactment of 

14 this Act, 15 percent shall be paid by the Secretary 

15 of the Treasury directly to the State offices of the 

16 Bureau of Reclamation with jurisdiction over the 

17 areas of which the royalties or bonuses are derived 

18 for purposes of reducing the number of renewable 

19 energy permits that have not been processed before 

20 the date of the enactment of this Act, to be allocated 

21 among such offices based on the percentage of cov22 ered land from which the royalties or bonuses are 

23 derived in each State. 


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1 (5) The remainder shall be deposited into the 

2 general fund of the Treasury for purposes of reduc3 ing the annual Federal budget deficit. 

4 (b) FISH AND WILDLIFE RESTORATION FUND.— 

5 (1) ESTABLISHMENT.—There is established in 

6 the Treasury a Fish and Wildlife Restoration Fund 

7 to be administered by the Secretary of the Interior 

8 for use in regions impacted by the development of 

9 hydropower by Federal agencies, including the Bu10 reau of Reclamation, and the development of wind or 

11 solar energy on Bureau of Reclamation land. 

12 (2) USE OF FUNDS.—The Secretary shall use 

13 amounts in the Fund to take actions and to make 

14 payments to State agencies, Federal agencies, or 

15 other interested persons in such regions for— 

16 (A) protecting and restoring important fish 

17 and wildlife habitat and native populations in 

18 such regions, including corridors, water re19 sources, and other sensitive land; and 

20 (B) improving fish species habitat or na21 tive population within the boundaries and down22 stream of a Bureau of Reclamation project. 

23 (3) AVAILABILITY OF AMOUNTS.—Amounts in 

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1 cordance with this subsection, without further appro2 priation and without fiscal year limitation. 

3 (4) INVESTMENT OF FUND.— 

4 (A) IN GENERAL.—Any amounts deposited 

5 in the Fund shall earn interest in an amount 

6 determined by the Secretary of the Treasury on 

7 the basis of the current average market yield on 

8 outstanding marketable obligations of the 

9 United States of comparable maturities. 

10 (B) DEPOSIT.—Any interest earned under 

11 subparagraph (A) shall be deposited into the 

12 Fund. 

13 (5) MITIGATION REQUIREMENTS.—The expend14 iture of funds under this subsection shall be sepa15 rate and distinct from any mitigation requirements 

16 imposed pursuant to any law, regulation, or term or 

17 condition of any lease, right-of-way, or other author18 ization. 

19 (c) ALLOCATION FOR PERMITTING AFTER EXPIRA20 TION OF 15-YEAR PERIOD.— 

21 (1) CERTIFICATION BY SECRETARY.—At the 

22 end of the period described in subsection (a)(4), the 

23 Secretary shall certify whether the State offices re24 ferred to in such subsection have adequately reduced 


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1 the renewable energy permitting backlog referred to 

2 in such subsection. 

3 (2) ALLOCATION AFTER CERTIFICATION.—If 

4 the Secretary certifies under paragraph (1) that— 

5 (A) the State offices referred to in such 

6 paragraph have not adequately reduced the 

7 backlog referred to in such paragraph— 

8 (i) the period described in subsection 

9 (a)(4) shall be extended by an additional 

10 15-year period; and 

11 (ii) payments shall continue to be 

12 made during that period as described in 

13 such subsection; or 

14 (B) the State offices referred to in such 

15 paragraph have adequately reduced such back16 log— 

17 (i) two-thirds of the amount otherwise 

18 required to be paid under subsection (a)(4) 

19 shall be added to the amount deposited in 

20 the Fund established under subsection (b); 

21 and 

22 (ii) one-third of such amount shall be 

23 deposited into the general fund of the 

24 Treasury for purposes of reducing the an25 nual Federal budget deficit. 


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1 (d) PAYMENTS TO STATES AND COUNTIES.— 

2 (1) IN GENERAL.—Amounts paid to States and 

3 counties under subsection (a) shall be used in a 

4 manner that is consistent with section 35 of the 

5 Mineral Leasing Act (30 U.S.C. 191). 

6 (2) IMPACTS.—Not less than 35 percent of the 

7 amount paid to a State each fiscal year shall be used 

8 for the purposes described in subsection (b)(2). 

9 Subtitle D—Improved Reclamation 

10 Crop Data 

11 SEC. 331. DEFINITIONS. 

12 For the purposes of this subtitle: 

13 (1) AGRICULTURAL WATER CONTRACT.—The 

14 term ‘‘agricultural water contract’’ means any con15 tract or arrangement, including water service con16 tracts, repayment contracts, water rights settlement 

17 contracts, exchange contracts, or other form of 

18 agreement, through which agricultural users receive 

19 water and deliveries through a facility owned, oper20 ated, or constructed in whole or in part by the Bu21 reau of Reclamation, including contracts under the 

22 Reclamation Act of 1902 (ch. 1093; 32 Stat. 388) 

23 as amended and supplemented. 

24 (2) DROUGHT EMERGENCY.—The term 

25 ‘‘drought emergency’’ means a period when a state 


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1 of drought emergency declared by the Governor of 

2 the State is in effect. 

3 (3) FEDERALLY DEVELOPED WATER SUP4 PLIES.—The term ‘‘federally developed water sup5 plies’’ means water supplies derived from a project 

6 developed by the Secretary pursuant to Federal law. 

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

8 the Secretary of the Interior, acting through the 

9 Commissioner of the Bureau of Reclamation. 

10 (5) WATER-INTENSE PERMANENT CROP.—The 

11 term ‘‘water-intense permanent crop’’ means any 

12 crop considered by the Secretary, after consultation 

13 with the Secretary of Agriculture, to be 

14 unsustainable for an area given its expected level of 

15 rainfall in the absence of the federally developed 

16 water supply. 

17 SEC. 332. DETERMINATION OF PLANTING OF WATER-IN18 TENSE PERMANENT CROPS. 

19 The Secretary shall survey agricultural water con20 tracts related to federally developed water supplies to de21 termine if water-intense permanent crops have been plant22 ed by or on behalf of the customers or beneficiaries of any 

23 agricultural water contract during a drought emergency. 

24 The survey shall include the examination of all such con25 tracts in effect at any time during the period from the 


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1 date of the enactment of this Act and until the date that 

2 is 10 years before the date of the enactment of this Act. 

3 SEC. 333. REPORT RELATED TO WATER-INTENSE PERMA4 NENT CROPS. 

5 Not later than 90 days after the date of the enact6 ment of this Act, the Secretary shall submit a report based 

7 on the survey conducted pursuant to section 331 and other 

8 information available to the Secretary to Congress that in9 cludes— 

10 (1) the number and location of acres put into 

11 production of water-intense permanent crops during 

12 a drought emergency; 

13 (2) the types of water-intense permanent crops 

14 put into production on each acre; and 

15 (3) the impact that putting the water-intense 

16 permanent crops into production had and is pro17 jected to have on the water demands for the agricul18 tural water contracts and federally developed water 

19 supply related to those crops. 


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1 Subtitle E—Improved Oversight of 

2 State Injection Wells 

3 SEC. 341. AMENDMENT TO THE SAFE DRINKING WATER 

4 ACT. 

5 Section 1422 of the Safe Drinking Water Act (42 

6 U.S.C. 300h–1) is amended by adding at the end the fol7 lowing new subsection: 

8 ‘‘(f) For the purposes of subsection (c), if the Admin9 istrator finds that a State has, at any time, improperly 

10 issued permits under the State’s underground injection 

11 control program and the State fails to address such defi12 ciencies and take sufficient remedial action, as determined 

13 by the Administrator, by the date that is 90 days after 

14 the date on which the Administrator notifies the State of 

15 such finding, the State shall be considered to no longer 

16 meet the requirements of clause (i) or (ii) of subsection 

17 (b)(1)(A) until such time as the State has addressed the 

18 deficiencies and taken sufficient remedial action, as deter19 mined by the Administrator.’’. 

20 Subtitle F—Combating Water Theft 

21 for Illegal Marijuana Cultivation 

22 SEC. 351. POLICY DIRECTIVE ON ILLEGAL WATER DIVER23 SION FOR MARIJUANA CULTIVATION. 

24 Not later than 90 days after the date of enactment 

25 of this Act, the Director of National Drug Control Policy, 


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1 in collaboration with the Secretary of the Interior and the 

2 Administrator of the Environmental Protection Agency, 

3 shall determine the amount of water diverted for mari4 juana cultivation in each of the high intensity drug traf5 ficking areas (as designated under section 707 of the Of6 fice of National Drug Control Policy Reauthorization Act 

7 of 1998 (21 U.S.C. 1706)) within the State of California 

8 and other States with declared droughts. 

9 SEC. 352. ENVIRONMENTAL REPORTING REQUIREMENTS 

10 FOR DOMESTIC CANNABIS ERADICATION 

11 PROGRAM. 

12 Not later than 1 year after the date of enactment 

13 of this Act, and annually thereafter, the Attorney General 

14 shall require, as a condition of the receipt of any funds 

15 under the Domestic Cannabis Eradication/Suppression 

16 program of the Drug Enforcement Administration, or any 

17 successor program thereto, a report from any participant 

18 in such program containing information on the environ19 mental consequences of actions taken pursuant to pro20 gram participation. The Attorney General, in making any 

21 determination to provide funding under the program, shall 

22 take into account the information so reported. 

23 SEC. 353. TRESPASS MARIJUANA LOCATION REGISTRY. 

24 Not later than 180 days after the date of enactment 

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1 tain a registry, in which reports received by the Attorney 

2 General of incidents of cultivation of marijuana on Federal 

3 or State property or while intentionally trespassing on the 

4 property of another will be recorded and, to the extent 

5 feasible, made available to the public. 

6 SEC. 354. FUNDING FOR REMEDIATION OF TRESPASS MARI7 JUANA SITES. 

8 (a) FROM FORFEITURE FUND.—Section 

9 524(c)(1)(E)(ii) of title 28, United States Code, is amend10 ed— 

11 (1) by striking ‘‘and’’ at the end of subclause 

12 (I); 

13 (2) by inserting ‘‘and’’ after the semicolon at 

14 the end of subclause (II); and 

15 (3) by inserting after subclause (II) the fol16 lowing: 

17 ‘‘(III) costs incurred by or on behalf of any 

18 State, local, or tribal government in connection 

19 with the remediation of any area formerly used 

20 for the production or cultivation of marijuana, 

21 including the removal of any hazardous sub22 stance or pollutant or contaminant, in which 

23 such State, local, or tribal government has as24 sisted in a Federal prosecution related to mari25 juana;’’. 


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1 (b) FROM RESTITUTION IN CRIMINAL CASES.—Sec2 tion 413(q) of the Controlled Substances Act (21 U.S.C. 

3 853(q)) is amended— 

4 (1) by striking ‘‘or methamphetamine’’ the first 

5 place it appears and inserting ‘‘, methamphetamine, 

6 or marijuana’’; and 

7 (2) by inserting after ‘‘or methamphetamine’’ 

8 the second place it appears the following: ‘‘, or cul9 tivation of marijuana,’’. 

10 SEC. 355. VOLUNTARY GUIDELINES. 

11 (a) ESTABLISHMENT OF VOLUNTARY GUIDELINES.— 

12 Not later than 6 months after the date of enactment of 

13 this Act, the Secretary of Agriculture (in this section re14 ferred to as the ‘‘Secretary’’), in consultation with other 

15 appropriate Federal agencies, including the Environ16 mental Protection Agency, shall establish voluntary guide17 lines, based on the best currently available scientific 

18 knowledge— 

19 (1) for the remediation of former indoor and 

20 outdoor marijuana cultivation and processing sites, 

21 including guidelines regarding preliminary site as22 sessment and the remediation of residual contami23 nants and ecosystems; and 

24 (2) for State, local, and tribal governments to 

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1 tions, guidelines, and other policies that apply the 

2 best available research and technology to the remedi3 ation of former indoor and outdoor marijuana cul4 tivation and processing sites. 

5 (b) CONSIDERATIONS.—In establishing the voluntary 

6 guidelines under subsection (a), the Secretary shall con7 sider, at a minimum— 

8 (1) relevant standards, guidelines, and require9 ments found in Federal, State, tribal, and local laws 

10 and regulations; 

11 (2) the various types and locations of former 

12 marijuana cultivation or processing sites, including 

13 both indoor and outdoor sites; and 

14 (3) the estimated costs of carrying out any such 

15 guidelines. 

16 (c) CONSULTATION.—The Secretary shall work with 

17 State, local, and tribal governments and other non-Federal 

18 agencies and organizations the Secretary determines rel19 evant to promote and encourage the adoption of the vol20 untary guidelines. 

21 (d) REVISIONS TO THE GUIDELINES.—The Secretary 

22 shall periodically review and, as the Secretary, in consulta23 tion with State, local, and tribal governments and other 

24 interested parties, determines necessary and appropriate, 

25 revise the voluntary guidelines to incorporate findings of 


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1 the research conducted pursuant to section 356 and other 

2 new knowledge. 

3 SEC. 356. RESEARCH PROGRAM. 

4 The Secretary of Agriculture, in consultation with 

5 other appropriate Federal agencies, including the Environ6 mental Protection Agency, shall establish a program of re7 search to support the development and revision of the vol8 untary guidelines established under section 355. Such pro9 gram shall— 

10 (1) identify marijuana cultivation or processing11 related chemicals of concern; 

12 (2) assess the types and levels of exposure to 

13 chemicals of concern identified under paragraph (1) 

14 that may present significant adverse biological ef15 fects, and identify actions and additional research 

16 necessary to remediate such biological effects; 

17 (3) assess the impacts of marijuana cultivation 

18 and processing on waterways and bodies of water, 

19 and identify actions and additional research nec20 essary to remediate such impacts; 

21 (4) evaluate the performance of current remedi22 ation techniques for marijuana cultivation and proc23 essing sites; 

24 (5) identify areas where additional research is 

25 necessary, including research relating to— 


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1 (A) the impacts of indoor and outdoor 

2 marijuana cultivation and processing, including 

3 biological and hydrological effects and impacts 

4 to soil and landscape, such as the potential for 

5 erosion; and 

6 (B) the remediation of former indoor or 

7 outdoor marijuana cultivation or processing 

8 sites; 

9 (6) support other research priorities identified 

10 by the Secretary, in consultation with State, local, 

11 and tribal governments and other interested parties; 

12 and 

13 (7) include collaboration with colleges and uni14 versities currently engaged in research on any mat15 ter described in this section or additional research 

16 priorities determined appropriate by the Secretary. 

17 Subtitle G—SECURE Water 

18 Amendments 

19 SEC. 361. AUTHORIZED ACTIVITIES; ELIGIBILITY; AUTHOR20 IZATION OF APPROPRIATIONS. 

21 (a) IN GENERAL.—Section 9504 of the Omnibus 

22 Public Land Management Act of 2009 (42 U.S.C. 10364) 

23 is amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (1)(H)— 


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1 (i) in clause (i), by striking ‘‘or’’ at 

2 the end; 

3 (ii) in clause (ii), by striking the pe4 riod and inserting ‘‘; or’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(iii) to plan for or address the im8 pacts of drought.’’; and 

9 (B) in paragraph (2)(A)— 

10 (i) by striking ‘‘; and’’ and inserting 

11 ‘‘; or’’; 

12 (ii) by striking ‘‘(A) be located within 

13 the States’’ and inserting the following: 

14 ‘‘(A) be located in— 

15 ‘‘(i) the States’’; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(ii) the State of Hawaii; and’’; and 

19 (2) in subsection (e), by striking ‘‘There is’’ 

20 and all that follows through ‘‘$200,000,000’’ and in21 serting ‘‘There are authorized to be appropriated 

22 such sums as are necessary to carry out this section 

23 for each of fiscal years 2015 through 2023’’. 


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1 SEC. 362. AUTHORIZATION OF APPROPRIATIONS FOR NA2 TIONAL WATER AVAILABILITY AND USE AS3 SESSMENT PROGRAM. 

4 Section 9508(e)(2) of the Omnibus Public Land Man5 agement Act of 2009 (42 U.S.C. 10368(e)(2)) is amended 

6 by striking ‘‘$12,500,000 for the period of fiscal years 

7 2009 through 2013’’ and inserting ‘‘such sums as are nec8 essary for the period of fiscal years 2014 through 2023’’. 

9 Subtitle H—Refundable Tax Credit 

10 for Water-Harvesting Systems 

11 SEC. 371. REFUNDABLE TAX CREDIT FOR WATER-HAR12 VESTING SYSTEMS. 

13 (a) IN GENERAL.—Subpart C of part IV of sub14 chapter A of subtitle A of the Internal Revenue Code of 

15 1986 is amended by inserting after section 36B the fol16 lowing new section: 

17 ‘‘SEC. 36C. WATER-HARVESTING SYSTEMS. 

18 ‘‘(a) IN GENERAL.—In the case of an individual, 

19 there shall be allowed as a credit against the tax imposed 

20 by this subtitle for any taxable year an amount equal to 

21 the aggregate amount paid or incurred for the purchase 

22 and installation of a qualified water-harvesting system. 

23 ‘‘(b) LIMITATION.—The amount allowed as a credit 

24 under subsection (a) shall not exceed the excess (if any) 

25 of— 

26 ‘‘(1) $2,000, over 


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1 ‘‘(2) the amount allowed as a credit under sub2 section (a) for all prior taxable years. 

3 ‘‘(c) QUALIFIED WATER-HARVESTING SYSTEM DE4 FINED.—For purposes of this section, the term ‘qualified 

5 water-harvesting system’ means earthworks or passive 

6 rain gardens, gutters, cisterns, tanks, and other systems 

7 that meet the guidelines developed under subsection (d) 

8 and that are installed in the United States with respect 

9 to the principal place of abode of the taxpayer. 

10 ‘‘(d) GUIDELINES.—The Secretary, in consultation 

11 with the Administrator of the Environmental Protection 

12 Agency, shall— 

13 ‘‘(1) develop guidelines for the identification 

14 and approval of qualified water-harvesting systems, 

15 and 

16 ‘‘(2) shall review and, if appropriate, update 

17 such guidelines at least once every 6 years. 

18 Such guidelines shall include the establishment and main19 tenance of performance criteria so that products, land20 scapes, and processes meet industry standards for water21 efficiency and water-capture. In developing and updating 

22 guidelines under this subsection, the Secretary shall solicit 

23 public comment. 


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1 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

2 such regulations or other guidance as may be necessary 

3 or appropriate to carry out subsection (a).’’. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) Section 1324(b)(2) of title 31, United 

6 States Code, is amended by inserting ‘‘36C,’’ after 

7 ‘‘36B,’’. 

8 (2) The table of sections for subpart C of part 

9 IV of subchapter A of chapter 1 of the Internal Rev10 enue Code of 1986 is amended by inserting after the 

11 item relating to section 36B the following new item: 

‘‘Sec. 36C. Water-harvesting systems.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to taxable years beginning after 

14 the date of the enactment of this Act. 

15 Subtitle I—Funding for Construc16 tion for Additional Project Ben17 efits 

18 SEC. 381. FUNDING FOR CONSTRUCTION FOR ADDITIONAL 

19 PROJECT BENEFITS. 

20 The Reclamation Safety of Dams Act of 1978 (43 

21 U.S.C. 509 et seq.) is amended— 

22 (1) in section 3, by striking ‘‘Construction’’ and 

23 inserting ‘‘Except as provided in section 5, construc24 tion’’; and 

25 (2) by inserting after section 5A the following: 


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1 ‘‘SEC. 5B. (a) Notwithstanding section 3, if the Sec2 retary determines that additional project benefits, such as 

3 additional conservation storage capacity, are feasible and 

4 not inconsistent with the purposes of this Act, the Sec5 retary is authorized to develop additional project benefits 

6 through the construction of new or supplementary works 

7 on a project in conjunction with the Secretary’s activities 

8 under section 2 and subject to the conditions described 

9 in the feasibility study, if— 

10 ‘‘(1) the Secretary determines that developing 

11 additional project benefits through the construction 

12 of new or supplementary works on a project is likely 

13 to promote more efficient management of water and 

14 water-related facilities; 

15 ‘‘(2) the feasibility study pertaining to addi16 tional project benefits has been authorized pursuant 

17 to section 8 of the Federal Water Project Recreation 

18 Act of 1965 (16 U.S.C. 460l–18); and 

19 ‘‘(3) the Secretary determines, in advance of 

20 funds being committed or expanded, that— 

21 ‘‘(A) the project sponsor shall provide 

22 funding for not less than 75 percent of project 

23 costs; 

24 ‘‘(B) the project shall generate environ25 mental enhancement, including increase water 


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1 deliveries for environmental flows or refuge 

2 water supplies, that justify a non-reimbursable 

3 Federal cost share of not more than 25 percent 

4 and that a share of the increased water supply 

5 made possible from expanded storage capacity 

6 equal to the Federal cost share shall be made 

7 available for such environmental purposes; 

8 ‘‘(C) all of the estimated costs properly al9 locable to irrigation, power, and municipal 

10 water supply or other miscellaneous purposes 

11 are included in the non-Federal cost share; 

12 ‘‘(D) any State cost identified shall be pro13 cured or committed by the State; and 

14 ‘‘(E) the project sponsor shall complete a 

15 feasibility study consistent with Bureau of Rec16 lamation requirements and report the findings 

17 of that study to the Secretary. 

18 ‘‘(b) If the project sponsor has a completed feasibility 

19 study and the Secretary makes a finding of feasibility, the 

20 Secretary is authorized to expend available appropriated 

21 funds for construction of the project if— 

22 ‘‘(1) in the determination of the Secretary an 

23 analysis commensurate with risk has been performed 

24 that demonstrates that— 


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1 ‘‘(A) financial feasibility or capability for 

2 reimbursable project purposes and any remain3 ing non-reimbursable project purposes not being 

4 funded by the maximum 25-percent Federal 

5 cost-share; and 

6 ‘‘(B) the costs of non-reimbursable project 

7 purposes to be borne by the United States are 

8 justified by the environmental enhancement, in9 cluding increase water deliveries for environ10 mental flows or refuge water supplies, and that 

11 the Federal share of the project costs shall not 

12 exceed 25 percent; and 

13 ‘‘(2) any environmental document prepared by 

14 the project sponsor is supplemented to address any 

15 changes to the project that the Secretary determines 

16 are necessary.’’. 

17 Subtitle J—Open Water Data 

18 System 

19 SEC. 391. OPEN WATER DATA SYSTEM. 

20 (a) DEFINITIONS.—In this section: 

21 (1) EDUCATIONAL INSTITUTION.—The term 

22 ‘‘educational institution’’ means— 

23 (A) a public or private elementary or sec24 ondary school; 


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1 (B) an institution of vocational, profes2 sional, or higher education (including a junior 

3 college or teachers’ college); and 

4 (C) an association of schools or institutions 

5 described in subparagraphs (A) and (B). 

6 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

7 has the meaning given that term in section 4 of the 

8 Indian Self-Determination and Education Assistance 

9 Act (25 U.S.C. 450b). 

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

11 the Secretary of the Interior, acting through the Di12 rector of the United States Geological Survey. 

13 (4) STATE.—The term ‘‘State’’ means— 

14 (A) a State; 

15 (B) the District of Columbia; 

16 (C) the Commonwealth of Puerto Rico; 

17 and 

18 (D) any other territory or possession of the 

19 United States. 

20 (5) SYSTEM.—The term ‘‘system’’ means the 

21 open water data system established under subsection 

22 (b). 

23 (b) SYSTEM.—The Secretary shall establish and 

24 maintain an open water data system within the United 

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1 ly distribution, and widespread use of water data and in2 formation for water management, education, research, as3 sessment, and monitoring purposes. 

4 (c) PURPOSES.—The purposes of the system are— 

5 (1) to advance the quantification of the avail6 ability, use of, and risks to, water resources through7 out the United States; 

8 (2) to increase accessibility to, and expand the 

9 use of, water data and information in a standard, 

10 easy-to-use format by Federal, State, local, and trib11 al governments, communities, educational institu12 tions, and the private sector; and 

13 (3) to facilitate the open exchange of water in14 formation particularly in the face of climate change 

15 and unprecedented drought. 

16 (d) ACTIVITIES.—In carrying out this section, the 

17 Secretary shall— 

18 (1) integrate water data and information into a 

19 interoperable, national, geospatially referenced water 

20 data framework; 

21 (2) identify new water data and information 

22 needs, including data on surface and groundwater 

23 quality and quantity, sediment, erosion, transport, 

24 water chemistry, precipitation, reservoir storage, 

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1 mate and weather impacts, soil moisture, and human 

2 use; 

3 (3) leverage existing shared databases, infra4 structure, and tools to provide a platform for water 

5 data and information innovation, modeling and data 

6 sharing, and solution development; 

7 (4) support water data and information shar8 ing, applied research, and educational programs of 

9 State, local, and tribal governments, communities, 

10 educational institutions, and the private sector; and 

11 (5) promote cooperation and sharing of exper12 tise regarding water data and information among 

13 State, local, and tribal governments, communities, 

14 educational institutions, and the private sector. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out this section 

17 such sums as are necessary. 

18 TITLE IV—PLANNING FOR THE 

19 FUTURE 

20 Subtitle A—X-Prize for 

21 Desalination Breakthroughs 

22 SEC. 401. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Water Innovation 

24 and Prize Competition Act of 2015’’. 


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1 SEC. 402. WATER TECHNOLOGY AWARD PROGRAM. 

2 (a) PROGRAM ESTABLISHED.—The Secretary of En3 ergy shall, in consultation with the Administrator of the 

4 Environmental Protection Agency and the Secretary of the 

5 Interior, working through the Bureau of Reclamation, es6 tablish a program to award prizes to eligible persons de7 scribed in subsection (b) for achievement in one or more 

8 of the following applications of water technology: 

9 (1) Demonstration of desalination of brackish 

10 or sea water with significantly less energy than com11 mercially available reverse osmosis technology. 

12 (2) Demonstration of portable or modular de13 salination units that can process 1 to 5,000,000 gal14 lons per day that could be deployed for temporary 

15 emergency uses in coastal communities or commu16 nities with brackish ground water supplies. 

17 (3) Demonstration of significant advantages 

18 over commercially available reverse osmosis tech19 nology as determined by the board established under 

20 subsection (c). 

21 (b) ELIGIBLE PERSON.—An eligible person described 

22 in this subsection is— 

23 (1) an individual who is— 

24 (A) a citizen or legal resident of the 

25 United States; or 


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1 (B) a member of a group that includes 

2 citizens or legal residents of the United States; 

3 or 

4 (2) an entity that is incorporated and maintains 

5 its primary place of business in the United States. 

6 (c) ESTABLISHMENT OF BOARD.— 

7 (1) IN GENERAL.—The Secretary of Energy 

8 shall establish a board to administer the program es9 tablished under subsection (a). 

10 (2) MEMBERSHIP.—The board shall be com11 posed of not less than 15 and not more than 21 

12 members appointed by the President, of whom— 

13 (A) not less than 1 shall— 

14 (i) be a representative of the interests 

15 of academic, business, and nonprofit orga16 nizations; and 

17 (ii) have expertise in— 

18 (I) the field of water technology, 

19 including desalination; or 

20 (II) administering award com21 petitions; and 

22 (B) not less than 1 shall be from each of— 

23 (i) the Department of Energy; 

24 (ii) the Environmental Protection 

25 Agency; 


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1 (iii) the Bureau of Reclamation of the 

2 Department of the Interior; and 

3 (iv) the National Science Foundation. 

4 (d) AWARDS.—Subject to the availability of appro5 priations, the board established under subsection (c) may 

6 make awards under the program established under sub7 section (a) as follows: 

8 (1) FINANCIAL PRIZE.—The board may hold a 

9 financial award competition and award a financial 

10 award in an amount determined before the com11 mencement of the competition to the first competitor 

12 to meet such criteria as the board shall establish. 

13 (2) RECOGNITION PRIZE.— 

14 (A) IN GENERAL.—The board may recog15 nize an eligible person for superlative achieve16 ment in one or more applications described in 

17 subsection (a). 

18 (B) NO FINANCIAL REMUNERATION.—An 

19 award under this paragraph shall not include 

20 any financial remuneration. 

21 (C) NATIONAL TECHNOLOGY AND INNOVA22 TION MEDAL RECOMMENDATIONS.—For each 

23 eligible person recognized under this paragraph, 

24 the board shall recommend to the Secretary of 

25 Commerce that the Secretary recommend to the 


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1 President under section 16(b) of the Stevenson2 Wydler Technology Innovation Act of 1980 (15 

3 U.S.C. 3711) that the President award the Na4 tional Technology and Innovation Medal estab5 lished under section 16(a) of such Act to such 

6 eligible person. 

7 (e) ADMINISTRATION.— 

8 (1) CONTRACTING.—The board established 

9 under subsection (c) may contract with a private or10 ganization to administer a financial award competi11 tion described in subsection (d)(1). 

12 (2) SOLICITATION OF FUNDS.—A member of 

13 the board or any administering organization with 

14 which the board has a contract under paragraph (1) 

15 may solicit gifts from private and public entities to 

16 be used for a financial award under subsection 

17 (d)(1). 

18 (3) LIMITATION ON PARTICIPATION OF DO19 NORS.—The board may allow a donor who is a pri20 vate person described in paragraph (2) to participate 

21 in the determination of criteria for an award under 

22 subsection (d), but such donor may not solely deter23 mine the criteria for such award. 

24 (4) NO ADVANTAGE FOR DONATION.—A donor 

25 who is a private person described in paragraph (3) 


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1 shall not be entitled to any special consideration or 

2 advantage with respect to participation in a financial 

3 award competition under subsection (d)(1). 

4 (f) INTELLECTUAL PROPERTY.—The Federal Gov5 ernment may not acquire an intellectual property right in 

6 any product or idea by virtue of the submission of such 

7 product or idea in any competition under subsection 

8 (d)(1). 

9 (g) LIABILITY.—The board established under sub10 section (c) may require a competitor in a financial award 

11 competition under subsection (d)(1) to waive liability 

12 against the Federal Government for injuries and damages 

13 that result from participation in such competition. 

14 (h) ANNUAL REPORT.—Each year, the board estab15 lished under subsection (c) shall submit to Congress a re16 port on the program established under subsection (a). 

17 (i) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) IN GENERAL.—There are authorized to be 

19 appropriated sums for the program established 

20 under subsection (a) as follows: 

21 (A) For administration of prize competi22 tions under subsection (d), $750,000 for each 

23 fiscal year. 

24 (B) For the awarding of a financial prize 

25 award under subsection (d)(1), in addition to 


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1 any amounts received under subsection (e)(2), 

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

3 (2) AVAILABILITY.—Amounts appropriated pur4 suant to the authorization of appropriations under 

5 paragraph (1) shall remain available until expended. 

6 Subtitle B—Drought Planning As7 sistance Through NRCS and 

8 Reclamation 

9 SEC. 411. DROUGHT PLANNING ASSISTANCE THROUGH 

10 NRCS AND RECLAMATION. 

11 (a) IN GENERAL.—The Secretary of Agriculture, act12 ing through the Natural Resources Conservation Service, 

13 in collaboration with the Secretary of the Interior, acting 

14 through the Bureau of Reclamation, shall, upon request, 

15 provide assistance to water or power delivery authorities, 

16 including water districts and irrigation districts, that are 

17 authorized under subtitle F of title IX of the Omnibus 

18 Public Land Management Act of 2009 (42 U.S.C. 10362 

19 et seq.) to receive financial assistance from the Bureau 

20 of Reclamation, for the purposes of increasing water use 

21 efficiency and providing on-farm assistance to address 

22 water quantity and water quality conservation practices. 

23 (b) TYPES OF ASSISTANCE.—Assistance under sub24 section (a) shall include— 

25 (1) hydrological forecasting; 


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1 (2) assessment of water supply sources under 

2 different water year classification types; 

3 (3) identification of alternative water supply 

4 sources; 

5 (4) guidance on potential water transfer part6 ners; 

7 (5) technical assistance regarding Federal and 

8 State permits and contracts under the Act of Feb9 ruary 21, 1911 (36 Stat. 925, chapter 141) (com10 monly known as the ‘‘Warren Act’’); 

11 (6) installation of districtwide or on-farm water 

12 efficiency and conservation technologies, including 

13 behavioral water efficiency, system modernizations 

14 (including leak repair and supervisory control and 

15 data acquisition systems), and other technologies 

16 that have been proven to provide improvements in 

17 water use efficiency through verification by a third 

18 party; 

19 (7) technical assistance regarding emergency 

20 provision of water supplies for critical health and 

21 safety purposes; and 

22 (8) activities carried out in conjunction with the 

23 National Oceanic and Atmospheric Administration, 

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1 grated Drought Information System under the Na2 tional Integrated Drought Information System Act 

3 of 2006 (15 U.S.C. 313d)— 

4 (A) to collect and integrate key indicators 

5 of drought severity and impacts; and 

6 (B) to produce and communicate timely 

7 monitoring and forecast information to local 

8 and regional communities. 

9 Subtitle C—Drought Preparedness 

10 for Fisheries 

11 SEC. 421. DROUGHT PREPAREDNESS FOR FISHERIES. 

12 (a) SALMON DROUGHT PLAN.—Not later than Janu13 ary 1, 2016, the Director of the United States Fish and 

14 Wildlife Service shall, in consultation with the National 

15 Marine Fisheries Service, the Bureau of Reclamation, the 

16 Army Corps of Engineers, and the California Department 

17 of Fish and Wildlife, prepare a California salmon drought 

18 plan. The plan shall investigate options to protect salmon 

19 populations originating in the State of California, con20 tribute to the recovery of populations listed under the En21 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

22 and contribute to the goals of the Central Valley Project 

23 Improvement Act (Public Law 102–575). The plan shall 

24 focus on actions that can aid salmon populations during 

25 the driest years. Strategies investigated shall include— 


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1 (1) relocating the release location and timing of 

2 hatchery fish to avoid predation and temperature 

3 impacts; 

4 (2) barging of hatchery release fish to improve 

5 survival and reduce straying; 

6 (3) coordinating with water users, the Bureau 

7 of Reclamation, and the California Department of 

8 Water Resources regarding voluntary water trans9 fers, to determine if water released upstream to 

10 meet the needs of downstream or South-of-Delta 

11 water users can be managed in a way that provides 

12 additional benefits for salmon; 

13 (4) hatchery management modifications, such 

14 as expanding hatchery production of listed fish dur15 ing the driest years, if appropriate; 

16 (5) increasing rescue operations of upstream 

17 migrating fish; and 

18 (6) improving temperature modeling and related 

19 forecasted information to predict water management 

20 impacts to salmon and salmon habitat with a higher 

21 degree of accuracy than current models. 

22 (b) COORDINATION WITH FISHERIES AGENCIES.—In 

23 preparing the plan under subsection (a), the Director shall 

24 coordinate with the National Marine Fisheries Service and 

25 relevant State agencies. 


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1 (c) APPROPRIATION.—There is hereby appropriated 

2 for fiscal year 2014, out of any funds in the Treasury not 

3 otherwise appropriated, a total amount of $3,000,000, to 

4 remain available until the end of the period during which 

5 the State’s emergency drought designation is in effect, for 

6 the United States Fish and Wildlife Service for urgent 

7 fish, stream, and hatchery activities related to extreme 

8 drought conditions, including work with the National Ma9 rine Fisheries Service, the Bureau of Reclamation, the 

10 Army Corps of Engineers, the California Department of 

11 Fish and Wildlife, or a qualified tribal government. 

12 (d) QUALIFIED TRIBAL GOVERNMENT DEFINI13 TION.—For the purposes of this section, the term ‘‘quali14 fied tribal government’’ means any government of an In15 dian tribe that the Secretary of the Interior determines— 

16 (1) is involved in salmon management and re17 covery activities including under the Endangered 

18 Species Act of 1973 (16 U.S.C. 1531 et seq.); and 

19 (2) has the management and organizational ca20 pability to maximize the benefits of assistance pro21 vided under this section. 


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1 Subtitle D—National Emergency 

2 Planning Response 

3 SEC. 431. NATIONAL EMERGENCY PLANNING RESPONSE. 

4 (a) CATASTROPHIC DROUGHT PLAN.—Not later than 

5 120 days after the date of enactment of this Act, the 

6 President shall update the National Response Plan and 

7 the National Disaster Recovery Framework to include a 

8 plan for catastrophic drought that calls on the capabilities 

9 of all applicable Federal agencies and departments, includ10 ing the pre-positioning of Federal resources to provide 

11 emergency clean water supplies. 

12 (b) DEFINITIONS.—For the purposes of this sec13 tion— 

14 (1) the term ‘‘National Response Plan’’ means 

15 the National Response Plan or any successor plan 

16 prepared under section 504(a)(6) of the Homeland 

17 Security Act of 2002 (6 U.S.C. 314(a)(6)); and 

18 (2) the term ‘‘National Disaster Recovery 

19 Framework’’ means the National Disaster Recovery 

20 Framework or any successor document prepared 

21 under section 682 of the Post-Katrina Emergency 

22 Management Reform Act of 2006 (6 U.S.C. 771). 


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1 Subtitle E—Military Preparedness 

2 for Desalination 

3 SEC. 441. REPORT ON DESALINIZATION TECHNOLOGY. 

4 Not later than 90 days after the date of enactment 

5 of this Act, the Secretary of the Navy shall submit to Con6 gress a report on desalinization technology’s application 

7 for defense and national security purposes to provide 

8 drought relief to areas impacted by sharp declines in water 

9 supply. 

Æ 


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