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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1894 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1894

  To provide short-term water supplies to drought-stricken California.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2015

 Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To provide short-term water supplies to drought-stricken California.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``California 
Emergency Drought Relief Act of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
              TITLE I--CALIFORNIA EMERGENCY DROUGHT RELIEF

                   Subtitle A--Drought Relief Actions

Sec. 101. Emergency operations.
Sec. 102. Emergency environmental reviews.
Sec. 103. State revolving funds.
           Subtitle B--Protection of Third-Party Water Rights

Sec. 111. Offset for State water project.
Sec. 112. Area of origin and water rights protections.
Sec. 113. No redirected adverse impacts.
                     Subtitle C--General Provisions

Sec. 121. Effect on existing obligations.
Sec. 122. Level of detail required for analysis.
Sec. 123. Progress report.
Sec. 124. Termination.
             TITLE II--ACTIONS TO BENEFIT FISH AND REFUGES

Sec. 201. Actions to benefit threatened and endangered fish 
                            populations.
Sec. 202. Pilot program to protect native anadramous fish in Stanislaus 
                            River, Delta, and other Delta tributaries.
Sec. 203. Improved science to better protect threatened and endangered 
                            fish.
Sec. 204. Actions to benefit refuges.
               TITLE III--LONG-TERM WATER SUPPLY PROJECTS

                Subtitle A--Desalination and Water Reuse

Sec. 301. Water recycling and desalination projects.
Sec. 302. Reauthorization of Desalination Act.
                          Subtitle B--Storage

Sec. 311. Definitions.
Sec. 312. Federal support for investments in storage.
Sec. 313. CALFED storage projects.
Sec. 314. Authorization to increase reservoir capacity as part of dam 
                            safety projects.
Sec. 315. Reservoir operation improvement.
Sec. 316. Report to Congress.
   Subtitle C--Water Recycling, Conservation, Efficiency, and Other 
                                Programs

Sec. 321. Promoting water efficiency with WaterSense.
Sec. 322. Increasing opportunities for agricultural conservation.
Sec. 323. Assistance for drought-stricken communities.
Sec. 324. Conservation at California military installations.
Sec. 325. Support for State Water Resources Control Board curtailment 
                            of illegal water diversions.
Sec. 326. Combating water theft for illegal marijuana cultivation.
Sec. 327. Support for innovative water supply and conservation 
                            technologies.
Sec. 328. Open water data system.
   TITLE IV--FEDERAL SUPPORT FOR STATE AND LOCAL DROUGHT RESILIENCY 
                                PROJECTS

   Subtitle A--Reclamation Infrastructure Finance and Innovation Act

Sec. 401. Purposes.
Sec. 402. Definitions.
Sec. 403. Authority to provide assistance.
Sec. 404. Applications.
Sec. 405. Eligibility for assistance.
Sec. 406. Determination of eligibility and project selection.
Sec. 407. Secured loans.
Sec. 408. Program administration.
Sec. 409. State and local permits.
Sec. 410. Regulations.
Sec. 411. Funding.
Sec. 412. Deauthorization of inactive projects.
   Subtitle B--Expansion of Water Storage, Integrated Regional Water 
                       Management, and WaterSMART

Sec. 421. Water storage, integrated regional water management, 
                            reclamation, and recycling projects.
                Subtitle C--Water Recycling Eligibility

Sec. 431. New water recycling and reuse projects.
 Subtitle D--Federal Support for State and Local Drought Solutions Fund

Sec. 441. Establishment.
Sec. 442. Accounts.
Sec. 443. Deposits to Fund.
Sec. 444. Expenditures from Fund.
Sec. 445. Investments of amounts.
Sec. 446. Transfers of amounts.
Sec. 447. Termination.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Central valley project.--The term ``Central Valley 
        Project'' has the meaning given the term in section 3403 of the 
        Central Valley Project Improvement Act (Public Law 102-575; 106 
        Stat. 4707).
            (2) Delta.--The term ``Delta'' means the Sacramento-San 
        Joaquin Delta and the Suisun Marsh (as defined in section 12220 
        of the California Water Code and section 29101 of the 
        California Public Resources Code (as in effect on the date of 
        enactment of this Act)).
            (3) Salmonid biological opinion.--The term ``salmonid 
        biological opinion'' means the biological and conference 
        opinion of the National Marine Fisheries Service, dated June 4, 
        2009, on the long-term operation of the Central Valley Project 
        and the State Water Project, including the operative incidental 
        take statement of that opinion.
            (4) Smelt biological opinion.--The term ``smelt biological 
        opinion'' means the biological opinion, dated December 15, 
        2008, on the coordinated operation of the Central Valley 
        Project and the State Water Project, including the operative 
        incidental take statement of that opinion.
            (5) State.--The term ``State'' means the State of 
        California.
            (6) State water project.--The term ``State Water Project'' 
        means the water project described in chapter 5 of part 3 of 
        division 6 of the California Water Code (sections 11550 et seq. 
        (as in effect on the date of enactment of this Act)) and 
        operated by the California Department of Water Resources.

              TITLE I--CALIFORNIA EMERGENCY DROUGHT RELIEF

                   Subtitle A--Drought Relief Actions

SEC. 101. EMERGENCY OPERATIONS.

    (a) Water Supplies.--
            (1) In general.--In response to the declaration of a state 
        of drought emergency by the Governor of the State, the 
        Secretary of the Interior and Secretary of Commerce shall 
        provide the maximum quantity of water supplies possible to 
        Central Valley Project agricultural, municipal and industrial, 
        and refuge service and repayment contractors, State Water 
        Project contractors, and any other locality or municipality in 
        the State by approving, consistent with applicable laws 
        (including regulations), projects and operations to provide 
        additional water supplies as quickly as possible, based on 
        available information, to address the emergency conditions.
            (2) Application.--Paragraph (1) applies to any project or 
        operation involving the Klamath Project, if the project or 
        operation would benefit Federal water contractors in the State.
    (b) Limitation.--Nothing in this section allows any Federal 
department or agency to approve a project--
            (1) that would otherwise require congressional 
        authorization; or
            (2) without following procedures required by applicable 
        law.
    (c) Administration.--In carrying out subsection (a), the Secretary 
of the Interior and Secretary of Commerce shall, consistent with 
applicable laws (including regulations)--
            (1) authorize and implement actions to ensure that the 
        Delta Cross Channel Gates shall remain open to the greatest 
        extent possible, timed to maximize the peak flood tide period 
        and provide water supply and water quality benefits for the 
        duration of the drought emergency declaration of the State, 
        consistent with operational criteria and monitoring criteria 
        developed pursuant to the California State Water Resources 
        Control Board's Order Approving a Temporary Urgency Change in 
        License and Permit Terms in Response to Drought Conditions, 
        effective January 31, 2014 (or a successor order);
            (2) collect data associated with the operation of the Delta 
        Cross Channel Gates described in paragraph (1) and the impact 
        of the operation on species listed as threatened or endangered 
        under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), water quality, and water supply;
            (3)(A) implement turbidity control strategies that allow 
        for increased water deliveries while avoiding jeopardy to adult 
        Delta smelt (Hypomesus transpacificus) due to entrainment at 
        Central Valley Project and State Water Project pumping plants; 
        and
            (B) manage reverse flow in the Old and Middle Rivers, as 
        prescribed by the smelt biological opinion and salmonid 
        biological opinion, to minimize water supply reductions for the 
        Central Valley Project and the State Water Project;
            (4)(A) in a timely manner, evaluate any proposal to 
        increase flow in the San Joaquin River through a voluntary 
        sale, transfer, or exchange of water from an agency with rights 
        to divert water from the San Joaquin River or its tributaries; 
        and
            (B) adopt a 1:1 inflow to export ratio for the increment of 
        increased flow, as measured as a 3-day running average at 
        Vernalis during the period from April 1 through May 31, that 
        results from the voluntary sale, transfer, or exchange, unless 
        the Secretary of the Interior and Secretary of Commerce 
        determine that a 1:1 inflow-to-export ratio for that increment 
        of increased flow will cause impacts on species listed as 
        threatened or endangered under the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.) beyond those anticipated to occur 
        through the implementation of the salmonid biological opinion. 
        Any individual sale, transfer, or exchange using a 1:1 inflow 
        to export ratio adopted under the authority of this section may 
        only proceed if--
                    (i) the Secretary of the Interior determines that 
                the environmental effects of the proposed sale, 
                transfer, or exchange are consistent with effects 
                permitted under applicable law (including the 
                Endangered Species Act (16 U.S.C. 1531 et seq.), the 
                Federal Water Pollution Control Act (33 U.S.C. 1381 et 
                seq.), and the Porter-Cologne Water Quality Control Act 
                (California Water Code 13000 et seq.));
                    (ii) Delta conditions are suitable to allow 
                movement of the acquired, transferred, or exchanged 
                water through the Delta consistent with existing water 
                rights; and
                    (iii) such voluntary sale, transfer, or exchange of 
                water results in flow that is in addition to flow that 
                otherwise would occur in the absence of the voluntary 
                sale, transfer, or exchange;
            (5) issue all necessary permit decisions under the 
        authority of the Secretary of the Interior and Secretary of 
        Commerce within the shortest practicable time period after 
        receiving a completed application by the State to place and use 
        temporary barriers or operable gates in Delta channels to 
        improve water quantity and quality for State Water Project and 
        Central Valley Project south-of-Delta water contractors and 
        other water users, which barriers or gates shall provide 
        benefits for species protection and in-Delta water user water 
        quality;
            (6) require the Director of the United States Fish and 
        Wildlife Service and the Commissioner of Reclamation to 
        complete all requirements under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) necessary to make 
        final permit decisions on water transfer requests associated 
        with voluntarily fallowing nonpermanent crops in the State, 
        within the shortest practicable time period after receiving 
        such a request;
            (7) in coordination with the Secretary of Agriculture, 
        enter into an agreement with the National Academy of Sciences 
        to conduct a comprehensive study, to be completed not later 
        than 1 year after the date of enactment of this Act, on the 
        effectiveness and environmental impacts of saltcedar biological 
        control efforts on increasing water supplies and improving 
        riparian habitats of the Colorado River and its principal 
        tributaries, in the State and elsewhere; and
            (8) use all available scientific tools to identify any 
        changes to real-time operations of Bureau of Reclamation, 
        State, and local water projects that could result in the 
        availability of additional water supplies.
    (d) Other Agencies.--To the extent that a Federal agency other than 
the Department of the Interior and the Department of Commerce has a 
role in approving projects described in subsections (a) and (c), this 
section shall apply to the Federal agency.
    (e) Accelerated Project Decision and Elevation.--
            (1) In general.--Upon the request of the State, the heads 
        of Federal agencies shall use the expedited procedures under 
        this subsection to make final decisions relating to a Federal 
        project or operation to provide additional water supplies or 
        address emergency drought conditions pursuant to subsections 
        (a) and (c).
            (2) Request for resolution.--
                    (A) In general.--Upon the request of the State, the 
                head of a Federal agency referred to in subsection (a), 
                or the head of another Federal agency responsible for 
                carrying out a review of a project, as applicable, the 
                Secretary of the Interior shall convene a final project 
                decision meeting with the heads of all relevant Federal 
                agencies to decide whether to approve a project to 
                provide emergency water supplies.
                    (B) Meeting.--The Secretary of the Interior shall 
                convene a meeting requested under subparagraph (A) not 
                later than 7 days after receiving the meeting request.
            (3) Notification.--Upon receipt of a request for a meeting 
        under this subsection, the Secretary of the Interior shall 
        notify the heads of all relevant Federal agencies of the 
        request, including a description of the project to be reviewed 
        and the date for the meeting.
            (4) Decision.--Not later than 10 days after the date on 
        which a meeting is requested under paragraph (2), the head of 
        the relevant Federal agency shall issue a final decision on the 
        project.
            (5) Meeting convened by secretary.--The Secretary of the 
        Interior may convene a final project decision meeting under 
        this subsection at any time, at the discretion of the 
        Secretary, regardless of whether a meeting is requested under 
        paragraph (2).

SEC. 102. EMERGENCY ENVIRONMENTAL REVIEWS.

    To minimize the time spent carrying out environmental reviews and 
quickly to deliver water that is needed to address emergency drought 
conditions in the State, the head of each applicable Federal agency 
shall, in carrying out this Act, consult with the Council on 
Environmental Quality in accordance with section 1506.11 of title 40, 
Code of Federal Regulations (or successor regulations), to develop 
alternative arrangements to comply with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) during the emergency.

SEC. 103. STATE REVOLVING FUNDS.

    (a) In General.--The Administrator of the Environmental Protection 
Agency, in allocating amounts for each of the fiscal years during which 
the emergency drought declaration of the State is in force to State 
water pollution control revolving funds established under title VI of 
the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and 
the State drinking water treatment revolving loan funds established 
under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12), 
shall, for those projects that are eligible to receive assistance under 
section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) 
or section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(2)), respectively, that the State determines will provide 
additional water supplies most expeditiously to areas that are at risk 
of having an inadequate supply of water for public health and safety 
purposes or to improve resiliency to drought--
            (1) require the State to review and prioritize funding;
            (2) make a finding on any request for a waiver received 
        from the State within 30 days of the conclusion of the informal 
        public comment period pursuant to section 436(c) of division G 
        of Public Law 113-76 (128 Stat. 347); and
            (3) authorize, at the request of the State, 40-year 
        financing for assistance under section 603(d)(2) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1383(d)(2)) or section 
        1452(f)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
        12(f)(2)).
    (b) Effect of Section.--Nothing in this section authorizes the 
Administrator of the Environmental Protection Agency to modify any 
funding allocation, funding criteria, or other requirement relating to 
State water pollution control revolving funds established under title 
VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) 
or the State drinking water treatment revolving loan funds established 
under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) 
for any other State.

           Subtitle B--Protection of Third-Party Water Rights

SEC. 111. OFFSET FOR STATE WATER PROJECT.

    (a) Implementation Impacts.--The Secretary of the Interior shall 
confer with the California Department of Fish and Wildlife in 
connection with the implementation of this title on potential impacts 
to any consistency determination for operations of the State Water 
Project issued pursuant to section 2080.1 of the California Fish and 
Game Code (as in effect on the date of enactment of this Act).
    (b) Additional Yield.--If, as a result of the application of this 
title, the California Department of Fish and Wildlife requires take 
authorization under section 2081 of the California Fish and Game Code 
(as in effect on the date of enactment of this Act) for operation of 
the State Water Project in a manner that directly or indirectly results 
in reduced water supply to the State Water Project, as compared with 
the water supply available under the smelt biological opinion and the 
salmonid biological opinion, and as a consequence of the action of the 
Department, Central Valley Project yield is greater than the yield 
would have been absent those actions, that additional yield shall be 
made available to the State Water Project for delivery to State Water 
Project contractors to offset losses resulting from the action of the 
Department.
    (c) Notification Relating to Environmental Protections.--The 
Secretary of the Interior and Secretary of Commerce shall--
            (1) notify the Director of the California Department of 
        Fish and Wildlife regarding any changes in the manner in which 
        the smelt biological opinion or the salmonid biological opinion 
        is implemented; and
            (2) confirm that those changes are authorized under the 
        smelt biological opinion or the salmonid biological opinion.

SEC. 112. AREA OF ORIGIN AND WATER RIGHTS PROTECTIONS.

    (a) In General.--Nothing in this title--
            (1) diminishes, impairs, or otherwise affects in any manner 
        any area of origin, watershed of origin, county of origin, or 
        any other water rights protection, including rights to water 
        appropriated prior to December 19, 1914, provided under State 
        law;
            (2) limits or otherwise affects the application of section 
        10505, 10505.5, 11128, 11460, 11463, or 12200 through 12220 of 
        the California Water Code or any other provision of State water 
        rights law, without respect to whether such a provision is 
        specifically referred to in this Act; or
            (3) diminishes, impairs, or otherwise affects in any manner 
        any water rights priorities under applicable law.
    (b) Effect of Section.--Nothing in this section affects or modifies 
any obligation of the Secretary of the Interior under section 8 of the 
Act of June 17, 1902 (32 Stat. 390, chapter 1093).

SEC. 113. NO REDIRECTED ADVERSE IMPACTS.

    (a) In General.--The Secretary of the Interior and Secretary of 
Commerce shall not carry out any specific action authorized under this 
title that will directly result in the involuntary reduction of water 
supply to an individual or district that has in effect a contract for 
water with the State Water Project or the Central Valley Project, or to 
any other water user or purveyor organized under State law that obtains 
water based on any other legal right, as compared to the water supply 
that would be provided in the absence of action under this Act.
    (b) Action on Determination.--
            (1) In general.--If, after exploring all options, the 
        Secretary of the Interior or the Secretary of Commerce makes a 
        final determination that a proposed action under this title 
        cannot be carried out in accordance with subsection (a), that 
        Secretary shall--
                    (A) document that determination in writing for that 
                action, including a statement of the facts relied on, 
                and an explanation of the basis, for the decision; and
                    (B) comply with any other applicable law that 
                requires or authorizes action under the circumstances, 
                including the Endangered Species Act (16 U.S.C. 1531 et 
                seq.), the Federal Water Pollution Control Act (33 
                U.S.C. 1381 et seq.), and the Porter-Cologne Water 
                Quality Control Act (California Water Code 13000 et 
                seq.).
            (2) Substitute actions.--If the Secretary takes a 
        substitute action as so required or authorized under paragraph 
        (1)(B), the substitute action shall--
                    (A) be limited to replacement of the specific 
                action identified in paragraph (1);
                    (B) not be subject to the requirements of this 
                title; and
                    (C) comply with other existing laws (including 
                regulations), as applicable, including--
                            (i) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.); and
                            (ii) the salmonid biological opinion and 
                        the smelt biological opinion.

                     Subtitle C--General Provisions

SEC. 121. EFFECT ON EXISTING OBLIGATIONS.

    Nothing in this Act--
            (1) authorizes the Secretary of the Interior, the Secretary 
        of Commerce, or any other Federal official to take any action 
        that--
                    (A) is likely to jeopardize the continued existence 
                of any endangered species or threatened species or 
                result in the destruction or adverse modification of 
                habitat of such a species that is determined by 1 of 
                the Secretaries, after appropriate consultation with 
                affected States, to be critical; or
                    (B) would cause any additional adverse effect on a 
                species listed as threatened or endangered under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                beyond those effects anticipated to occur through 
                implementation of the smelt biological opinion and 
                salmonid biological opinion;
            (2) preempts or modifies any obligation of the United 
        States under the reclamation laws to operate the Central Valley 
        Project in conformance with State law; or
            (3) affects or modifies any obligation under the Central 
        Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
        4706).

SEC. 122. LEVEL OF DETAIL REQUIRED FOR ANALYSIS.

    In articulating the determinations and demonstrations required 
under this title, the Secretary of the Interior and Secretary of 
Commerce --
            (1) shall fully satisfy the requirements of this title; but
            (2) shall not be expected to provide a greater level of 
        supporting detail for any analysis than is feasible to provide 
        within the timeframe permitted for timely decisionmaking in 
        response to changing conditions in the Delta.

SEC. 123. PROGRESS REPORT.

    Not later than 90 days after the date of enactment of this Act, and 
not less frequently than once every 90 days thereafter, the Secretary 
of the Interior and Secretary of Commerce shall submit to the Committee 
on Energy and Natural Resources and the Committee on Environment and 
Public Works of the Senate and the Committee on Natural Resources of 
the House of Representatives a progress report describing the 
implementation of sections 101 and 102.

SEC. 124. TERMINATION.

    This title shall expire on the later of--
            (1) the date on which the Governor of the State declares an 
        end to the State drought emergency; and
            (2) September 30, 2017.

             TITLE II--ACTIONS TO BENEFIT FISH AND REFUGES

SEC. 201. ACTIONS TO BENEFIT THREATENED AND ENDANGERED FISH 
              POPULATIONS.

    (a) Implementation of National Oceanic and Atmospheric 
Administration's Salmon Restoration Plan.--
            (1) Authorization.--There is authorized to be appropriated 
        $4,000,000 for each fiscal year through 2020 to carry out the 
        National Oceanic and Atmospheric Administration's Recovery Plan 
        for Sacramento River winter-run Chinook salmon, Central Valley 
        spring-run Chinook salmon, and Central Valley steelhead.
            (2) Requirement.--The Secretary of the Interior shall take 
        such steps as are necessary to partner with, and coordinate the 
        efforts of, the Department of the Interior, the Department of 
        Commerce, and other relevant Federal agencies to ensure that 
        all Federal reviews, analyses, opinions, statements, permits, 
        licenses, or other approvals or decisions required under 
        Federal law to allow the construction and operation of salmon 
        recovery projects that are part of the Sacramento Salmon 
        Recovery Program are completed on an expeditious basis, 
        consistent with Federal law.
    (b) Nonstructural Barriers at Delta Cross-channel Gates and Other 
Key Delta Junctions.--
            (1) In general.--To increase protections of fish listed 
        under the smelt biological opinion and the salmonid biological 
        opinion, the Secretary of the Interior, in consultation with 
        the Secretary of Commerce, shall submit to Congress--
                    (A) by not later than 90 days after the date of 
                enactment of this Act, a report describing the current 
                progress of evaluating nonstructural barriers at 
                Deadhorse Island and other locations to prevent 
                straying of threatened or endangered salmonids through 
                the Delta cross-channel gates and other key Delta 
                junctions; and
                    (B) by not later than 1 year after the date of 
                enactment of this Act, a report describing the 
                effectiveness of the nonstructural barriers described 
                in subparagraph (A) in preventing straying of 
                endangered salmonids.
            (2) Coordination.--In carrying out paragraph (1), the 
        Secretary of the Interior shall coordinate with the California 
        Water Resources Control Board and the California Departments of 
        Fish and Wildlife and Water Resources.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $2,000,000 for 
        the period of fiscal years 2016 through 2020.
    (c) Gravel and Rearing Area Additions to Upper Sacramento River.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of the Interior, in 
        consultation with the Secretary of Commerce, shall submit to 
        Congress--
                    (A) a report on the cost and effectiveness of 
                additional gravel that was placed downstream of the 
                Keswick Dam in 2013 and 2014 in improving salmon 
                spawning rates;
                    (B) a report on the feasibility of implementing 
                gravel additions at additional locations to improve 
                salmon and steelhead spawning rates, including the 
                timetable for implementing any approved locations; and
                    (C) a report on the feasibility of constructing or 
                restoring additional natural rearing areas in the upper 
                mainstem Sacramento River to improve salmon and 
                steelhead population recovery.
            (2) Commencement.--If the Secretary of the Interior 
        determines, in the feasibility reports described in paragraph 
        (1), that additions of gravel and natural rearing areas are 
        feasible and beneficial for protecting and recovering fish 
        populations, the Secretary shall commence implementation of 
        those additions by not later than 1 year after the date of 
        submission of the feasibility reports.
            (3) Coordination.--In carrying out paragraphs (1) and (2), 
        the Secretary shall coordinate with the California Department 
        of Fish and Wildlife and the Secretary of Commerce.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $4,000,000 for 
        the period of fiscal years 2016 through 2020.
    (d) Alternative Hatchery Salmon Release Strategies.--
            (1) In general.--The Secretary of the Interior, in 
        consultation with the Secretary of Commerce, shall--
                    (A) establish pilot programs to test alternative 
                release strategies for hatchery-raised, winter-run 
                salmon to reduce mortality rates beyond those in effect 
                on the date of enactment of this Act, including 
                alternative release locations, trucking options, or 
                barging options; and
                    (B) not later than 3 years after the date of 
                enactment of this Act, and annually thereafter, submit 
                to Congress reports regarding the progress and results 
                of the pilot programs under subparagraph (A), including 
                recommendations on whether those pilot programs should 
                be continued.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $7,000,000 for 
        the period of fiscal years 2016 through 2020.
    (e) Reducing Predator Habitat.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of the Interior and 
        Secretary of Commerce shall implement a pilot program--
                    (A) to identify natural and artificial factors in 
                the Sacramento River and the Sacramento-San Joaquin 
                River Delta watershed that could be providing favorable 
                predatory fish habitat for fish that prey on juvenile 
                salmon;
                    (B) to collect scientific data at those locations 
                to determine whether those natural or artificial 
                factors are contributing to predation of endangered 
                fish; and
                    (C) to provide recommendations on whether those 
                natural or artificial factors that enable the formation 
                or continuation of predatory fish habitat could be 
                feasibly and effectively modified, in compliance with 
                all applicable State and Federal laws (including 
                regulations), to reduce predation.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $6,000,000 for 
        the period of fiscal years 2016 through 2020.
    (f) Eliminating or Reducing Lighting at In-river Structures.--
            (1) In general.--The Secretary of the Interior and 
        Secretary of Commerce shall--
                    (A) assess the effectiveness of lowering light 
                intensity at artificial structures in the Sacramento-
                San Joaquin River Delta to reduce predation of 
                endangered fish; and
                    (B) implement actions to lower light intensity at 
                other artificial structures in the Delta if the 
                assessment under subparagraph (A) results in a 
                determination that the action is effective in reducing 
                predation.
            (2) Coordination.--In carrying out paragraph (1), the 
        Secretary of the Interior and Secretary of Commerce shall 
        coordinate with the California Department of Fish and Wildlife 
        and other relevant local and State authorities.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $3,000,000 for 
        the period of fiscal years 2016 through 2020.
    (g) Evaluating and Improving Delta Pump Fish Salvage System.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the Interior and 
        Secretary of Commerce shall evaluate and submit to Congress a 
        report that describes alternatives--
                    (A) to redeposit salvaged salmon smolts and other 
                fish from the Delta that would reduce predation losses; 
                and
                    (B) to reduce predation at the existing fish 
                salvage system.
            (2) Coordination.--In carrying out actions under paragraph 
        (1), the Secretary of the Interior and Secretary of Commerce 
        shall coordinate with the California Department of Fish and 
        Wildlife.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000 for 
        the period of fiscal years 2016 through 2020.
    (h) Trap and Barge Pilot Project To Increase Fish Survival Through 
Delta.--
            (1) Pilot program.--
                    (A) In general.--The Assistant Administrator for 
                Fisheries of the National Marine Fisheries Service and 
                the Commissioner of Reclamation, in collaboration with 
                the United States Fish and Wildlife Service, the 
                California Department of Fish and Wildlife, applicable 
                water agencies, and other interested parties, shall 
                design, permit, implement, and evaluate a pilot program 
                to test the efficacy of an experimental trap and barge 
                program to improve survival of juvenile salmonids 
                emigrating from the San Joaquin watershed through the 
                Delta.
                    (B) Plan.--
                            (i) Working group.--Not later than 30 days 
                        after the date of enactment of this Act, the 
                        Assistant Administrator and the Commissioner 
                        shall convene a working group, to be comprised 
                        of representatives of relevant agencies and 
                        other interested parties, to develop and 
                        execute a plan for the design, budgeting, 
                        implementation, and evaluation of the pilot 
                        program under this paragraph using such 
                        existing expertise on trap and barge programs 
                        as may be available.
                            (ii) Requirements.--The plan under this 
                        subparagraph shall--
                                    (I) include a schedule and budget 
                                for the pilot program; and
                                    (II) identify the responsible 
                                parties for each element of the 
                                program.
                    (C) Implementation.--The Assistant Administrator 
                and the Commissioner shall seek to commence 
                implementation of the pilot program under this 
                paragraph during calendar year 2016, if practicable.
                    (D) Reports.--Not less frequently than once each 
                calendar year, the Assistant Administrator and the 
                Commissioner shall jointly submit to the Committees on 
                Environment and Public Works and Energy and Natural 
                Resources of the Senate and the Committee on Natural 
                Resources of the House of Representatives a report that 
                describes--
                            (i) progress made in implementing this 
                        subsection;
                            (ii) estimated survival rates through the 
                        Delta for both juvenile salmonids that were 
                        barged through the Delta and those that were 
                        not barged; and
                            (iii) if the survival rates described in 
                        clause (ii) are significantly higher for barged 
                        fish, as compared to other outmigrating smolts, 
                        recommendations regarding broadening the pilot 
                        program.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $3,000,000 for 
        the period of fiscal years 2016 through 2020.
    (i) Improved Temperature Modeling and Related Forecasted 
Information.--There is authorized to be appropriated $4,000,000 for the 
Commissioner to improve temperature modeling and related forecasted 
information for purposes of predicting impacts to salmon and salmon 
habitat as a result of water management.

SEC. 202. PILOT PROGRAM TO PROTECT NATIVE ANADRAMOUS FISH IN STANISLAUS 
              RIVER, DELTA, AND OTHER DELTA TRIBUTARIES.

    (a) Nonnative Predator Fish Removal Program on Stanislaus River.--
            (1) In general.--The Assistant Administrator for Fisheries 
        of the National Marine Fisheries Service (referred to in this 
        section as the ``Assistant Administrator'') and the Oakdale 
        Irrigation District and South San Joaquin Irrigation District 
        (referred to in this section as the ``participating 
        districts''), in consultation with the United States Fish and 
        Wildlife Service, the California Department of Fish and 
        Wildlife, and other interested parties, shall jointly develop 
        and implement a scientifically based pilot program to remove 
        nonnative predator fish from the Stanislaus River not later 
        than 180 days after the date of enactment of this Act.
            (2) Requirements.--In implementing the program, the 
        following requirements shall apply:
                    (A) Staffing.--By agreement between the Assistant 
                Administrator and the participating districts, the 
                pilot program may be conducted by any combination of 
                participating district personnel, qualified private 
                contractors, and personnel of, on loan to, or otherwise 
                assigned to the National Marine Fisheries Service.
                    (B) Participation by national marine fisheries 
                service.--
                            (i) In general.--In the event the 
                        participating districts elect to conduct the 
                        program using the personnel or qualified 
                        private contractors of the participating 
                        districts, the Assistant Administrator may 
                        assign an employee of, on loan to, or otherwise 
                        assigned to the National Marine Fisheries 
                        Service to be present for all activities 
                        performed in the field.
                            (ii) Cost.--The participating districts 
                        shall pay 100 percent of the cost of 
                        participation under clause (i), in accordance 
                        with paragraph (3).
                    (C) Timing of agreement.--The participating 
                districts and the Assistant Administrator shall reach 
                agreement on the work plan for the subsequent calendar 
                year on or before October 15 of each calendar year of 
                the pilot program.
            (3) Funding.--
                    (A) Contributed funds.--The Assistant Administrator 
                is authorized to receive and expend contributed funds 
                for the purposes for which the funds are contributed in 
                a like manner as if said sums had been specifically 
                appropriated for said purposes.
                    (B) Annual funding.--
                            (i) In general.--The participating 
                        districts shall be responsible through 
                        contributed funds for 100 percent of the cost 
                        of the pilot program.
                            (ii) Estimates.--Not later than December 1 
                        of each year of the pilot program, the 
                        Assistant Administrator shall submit to the 
                        participating districts an estimate of the cost 
                        to be incurred by the National Marine Fisheries 
                        Service during the following calendar year, if 
                        any.
                    (C) Accounting.--
                            (i) In general.--On or before September 1 
                        of each calendar year, the Assistant 
                        Administrator shall provide an accounting of 
                        the expenses of the prior calendar year to the 
                        participating districts.
                            (ii) Underestimate.--If the estimate paid 
                        by the participating districts was less than 
                        the actual costs incurred by the National 
                        Marine Fisheries Service--
                                    (I) the participating districts 
                                shall have until September 30 of that 
                                calendar year to pay the difference 
                                pursuant to subparagraph (A); or
                                    (II) the National Marine Fisheries 
                                Service shall have no obligation to 
                                conduct any activities otherwise 
                                scheduled to be carried out under the 
                                pilot program under this subsection.
                            (iii) Overestimate.--If the estimate paid 
                        by the participating districts was greater than 
                        the actual costs incurred by the National 
                        Marine Fisheries Service, a credit shall be 
                        provided to the participating districts, which 
                        shall be deducted from the estimate payment the 
                        participating districts shall make for the work 
                        performed by the National Marine Fisheries 
                        Service, if any, during the following calendar 
                        year.
            (4) Reporting and evaluation.--
                    (A) In general.--Not later than the 15th day of 
                each month, the Assistant Administrator shall post on 
                the website of the National Marine Fisheries Service a 
                tabular summary of the raw data collected during the 
                prior month.
                    (B) Report.--Not later than June 30 of the calendar 
                year following the completion of the pilot program, the 
                Assistant Administrator and the participating districts 
                shall jointly submit for peer review a report that--
                            (i) describes any data, analyses, and 
                        findings relating to the pilot program; and
                            (ii) makes recommendations for further 
                        study and action.
            (5) Permits process.--
                    (A) In general.--Not later than 180 days after the 
                date on which an application to authorize the pilot 
                program is filed, the Secretary of the Interior and 
                Secretary of Commerce shall make a final determination 
                on any permits required under section 10(a)(1) of the 
                Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)) 
                for the performance of the pilot program.
                    (B) State law.--The Secretary of the Interior, the 
                Secretary of Commerce, and the participating districts 
                shall comply with applicable requirements of State law 
                with respect to the program under this subsection.
            (6) Sunset.--The authorities provided by this subsection 
        shall expire on the date that is 7 years after the date on 
        which the final applicable permit is issued under paragraph 
        (5).
    (b) Pilot Projects To Implement CALFED Invasive Species Program.--
            (1) In general.--Not later than January 1, 2017, the 
        Secretary of the Interior, in collaboration with the Secretary 
        of Commerce, the Director of the California Department of Fish 
        and Wildlife, and other relevant agencies and interested 
        parties, shall begin pilot projects to implement the invasive 
        species control program authorized pursuant to section 
        103(d)(6)(A)(iv) of Public Law 108-361 (118 Stat. 1690).
            (2) Requirements.--The pilot projects shall--
                    (A) seek to reduce invasive aquatic vegetation, 
                predators, and other competitors which contribute to 
                the decline of native listed pelagic and anadromous 
                species that occupy the Sacramento and San Joaquin 
                Rivers and their tributaries and the Sacramento-San 
                Joaquin Bay-Delta; and
                    (B) remove, reduce, or control the effects of 
                species, including Asiatic clams, silversides, gobies, 
                Brazilian water weed, largemouth bass, smallmouth bass, 
                striped bass, crappie, bluegill, white and channel 
                catfish, and brown bullheads.
            (3) Sunset.--The authorities provided under this subsection 
        shall expire on the date that is 7 years after the date on 
        which the Secretary of the Interior and Secretary of Commerce 
        commence implementation of the pilot projects pursuant to 
        paragraph (1).
    (c) Emergency Environmental Reviews.--To expedite the 
environmentally beneficial programs for the conservation of threatened 
and endangered species, the Secretary of the Interior and Secretary of 
Commerce shall consult with the Council on Environmental Quality in 
accordance with section 1506.11 of title 40, Code of Federal 
Regulations (or successor regulations), to develop alternative 
arrangements to comply with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) for the programs.

SEC. 203. IMPROVED SCIENCE TO BETTER PROTECT THREATENED AND ENDANGERED 
              FISH.

    (a) Delta Smelt Distribution Study.--Not later than January 1, 
2016, contingent on funding, the Secretary of the Interior shall--
            (1) initiate studies designed to understand the location 
        and distribution of Delta smelt throughout the range of the 
        Delta smelt and to determine potential methods to minimize the 
        effects of Central Valley Project and State Water Project 
        operations on the Delta smelt; and
            (2) utilize, to the maximum extent practicable, new 
        technologies to allow for better tracking of Delta smelt, such 
        as acoustic tagging, optical recognition during trawls, and 
        fish detection using residual DNA.
            (3) Consultation.--In determining the scope of the studies 
        under this subsection, the Secretary may consult with--
                    (A) Federal and State water users; and
                    (B) appropriate nongovernmental organizations.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $7,500,000 for 
        the period of fiscal years 2016 through 2020.
    (b) Real-Time Monitoring.--Contingent on funding, during the period 
beginning on December 1, 2015, and ending March 31, 2016, and during 
each following December-through-March period for which this Act is in 
effect, if suspended sediment loads enter the Delta from the Sacramento 
River and the suspended sediment loads appear likely to raise turbidity 
levels in Old River north of the export pumps from values below 12 
Nephelometric Turbidity Units (NTUs) to values above 12 NTUs, the 
Secretary shall--
            (1) conduct daily monitoring using appropriate survey 
        methods at locations including the vicinity of Station 902 to 
        determine the extent that adult Delta smelt are moving with 
        turbidity toward the export pumps; and
            (2) use results from the monitoring surveys at locations 
        including the vicinity of Station 902 to determine how 
        increased trawling can inform daily real-time Central Valley 
        Project and State Water Project operations to achieve fish 
        protection and water supply benefits.

SEC. 204. ACTIONS TO BENEFIT REFUGES.

    (a) In General.--In addition to funding under section 3407 of the 
Central Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
4726), there is authorized to be appropriated to the Secretary of the 
Interior $2,000,000 for each of fiscal years 2016 through 2020 for the 
acceleration and completion of water infrastructure and conveyance 
facilities necessary to achieve full water deliveries to Central Valley 
wildlife refuges and habitat areas pursuant to section 3406(d) of that 
Act (Public Law 102-575; 106 Stat. 4722).
    (b) Cost-Sharing.--
            (1) Federal share.--The Federal share of the cost of 
        carrying out an activity described in this section shall be not 
        more than 50 percent.
            (2) Non-federal share.--The non-Federal share of the cost 
        of carrying out an activity described in this section--
                    (A) shall be not less than 50 percent; and
                    (B) may be provided in cash or in-kind.

               TITLE III--LONG-TERM WATER SUPPLY PROJECTS

                Subtitle A--Desalination and Water Reuse

SEC. 301. WATER RECYCLING AND DESALINATION PROJECTS.

    (a) Findings.--Congress finds that--
            (1) Federal funding to support water recycling and 
        desalination projects in recent years has been insufficient to 
        address water supply needs in many regions across the United 
        States;
            (2) climate change and drought resiliency require 
        additional water supply projects to cope with higher 
        probabilities of longer more intense droughts;
            (3) the historic drought in California highlights the 
        necessity of long-term projects to address a changing climate;
            (4) a recycled water project national survey conducted by 
        the National Association of Clean Water Agencies, the Water 
        Reuse Association, the Association of California Water 
        Agencies, and the California Association of Sanitation Agencies 
        in October 2013 identified 92 projects in 14 States that are 
        under consideration or development by water districts capable 
        of producing up to approximately 900,000 acre-feet of new water 
        supplies if there were sufficient funding or financing tools to 
        facilitate the development of those projects; and
            (5) desalination of both seawater and brackish water has 
        the potential to provide significant new water supplies to 
        regions of the United States vulnerable to drought, as is done 
        in Israel, Australia, and many other countries around the world 
        with scarce water supplies.
    (b) Eligibility for Water Recycling Federal Support.--Upon the 
submission of a completed feasibility report compliant with Bureau of 
Reclamation standards, the Secretary of the Interior shall review 
requests for water recycling project funding assistance and, subject to 
the availability of appropriations, award funding, on a competitive 
basis, for projects that meet the eligibility requirements of title IV, 
including among the projects reviewed water recycling projects 
sponsored by any of the following:
            (1) Bear Valley Community Services District.
            (2) Beaumont Cherry Valley Water District.
            (3) Burbank Water and Power.
            (4) Cambria Community Services District.
            (5) Central Contra Costa Sanitary District.
            (6) City of American Canyon.
            (7) City of Benicia.
            (8) City of Brentwood.
            (9) City of Camarillo.
            (10) City of Carlsbad (Municipal Water District).
            (11) City of Corona Department of Water and Power.
            (12) City of Daly City.
            (13) City of Del Mar.
            (14) City of Escondido.
            (15) City of Fresno.
            (16) City of Hayward.
            (17) City of Los Angeles A. (Bureau of Sanitation & 
        Department of Water & Power).
            (18) City of Modesto.
            (19) City of Morro Bay.
            (20) City of Mountain View.
            (21) City of Oceanside.
            (22) City of Palo Alto.
            (23) City of Paso Robles.
            (24) City of Pismo Beach.
            (25) City of Pleasanton.
            (26) City of Poway.
            (27) City of Redwood City.
            (28) City of Riverside.
            (29) City of Roseville.
            (30) City of Sacramento.
            (31) City of San Bernardino.
            (32) City of San Diego.
            (33) City of San Luis Obispo.
            (34) City of Santa Barbara.
            (35) City of Santa Rosa.
            (36) City of Shasta Lake.
            (37) City of Sunnyvale.
            (38) City of Turlock.
            (39) City of Vacaville.
            (40) City of Visalia.
            (41) Clear Creek Community Services District.
            (42) Coachella Valley Water District.
            (43) Cucamonga Valley Water District.
            (44) Delta Diablo Sanitation District.
            (45) Desert Water Agency.
            (46) Dublin San Ramon Services District.
            (47) East Bay Municipal Utility District.
            (48) East Valley Water District.
            (49) Eastern Municipal Water District.
            (50) El Dorado Irrigation District.
            (51) Fallbrook Public Utility District.
            (52) Goleta Water District.
            (53) Helendale Community Services District.
            (54) Hi-Desert Water District.
            (55) Idyllwild Water District.
            (56) Inland Empire Utilities Agency.
            (57) Ironhouse Sanitary District.
            (58) Irvine Ranch Water District.
            (59) Las Virgenes Municipal Water District.
            (60) Leucadia Wastewater District.
            (61) Los Carneros Water District.
            (62) Marin Municipal Water District.
            (63) Monterey Regional Water Pollution Control Agency.
            (64) Napa County Department of Public Works.
            (65) North Bay Water Reuse Authority.
            (66) North Marin Water District.
            (67) Novato Sanitary District.
            (68) Olivenhain Municipal Water District.
            (69) Orange County Sanitation District.
            (70) Orange County Water District.
            (71) Otay Water District.
            (72) Padre Dam Municipal Water District.
            (73) Pajaro Valley Water Management Agency.
            (74) Paradise Irrigation District.
            (75) Pebble Beach Community Services District.
            (76) Rainbow Municipal Water District.
            (77) Ramona Municipal Water District.
            (78) Rancho California Water District.
            (79) Rincon Del Diablo Municipal Water District.
            (80) Sacramento Regional County Sanitation District.
            (81) San Bernardino County Special Districts.
            (82) San Francisco Public Utilities Commission.
            (83) San Jose Water Company.
            (84) San Luis Obispo County.
            (85) Santa Clara Valley Water District.
            (86) Santa Clarita Valley Sanitation District.
            (87) Santa Fe Irrigation District.
            (88) Santa Margarita Water District.
            (89) Sonoma County Water Agency.
            (90) South Orange County Wastewater Authority.
            (91) South Tahoe Public Utility District.
            (92) Sunnyslope County Water District.
            (93) Town of Yountville.
            (94) Tuolumne Utilities District.
            (95) Upper San Gabriel Valley Municipal Water District.
            (96) Valley Center Municipal Water District.
            (97) Valley Sanitary District.
            (98) Ventura County Waterworks District No. 8.
            (99) Victor Valley Wastewater Reclamation Authority.
            (100) West Basin Municipal Water District.
            (101) West Bay Sanitary District.
            (102) West County Wastewater District (Richmond, 
        California).
            (103) Western Municipal Water District of Riverside County.
            (104) Western Riverside County Regional Wastewater 
        Authority.
            (105) Yucaipa Valley Water District.
    (c) Eligibility for Desalination Project Federal Support.--Upon the 
submission of a completed feasibility report compliant with Bureau of 
Reclamation standards, the Secretary of the Interior shall review 
requests for water desalination funding assistance and, subject to the 
availability of appropriations, award funding on a competitive basis 
for projects that meet the eligibility requirements of title IV, 
including among the projects reviewed the following desalination 
projects referenced in the 2013 California Water Plan:
            (1) Cambria Desalination Project.
            (2) Camp Pendleton Seawater Desalination Project.
            (3) Chino Basin Desalter 3.
            (4) Doheny Ocean Desalination Project.
            (5) GREAT Program Groundwater Desalination Facility 
        Expansion.
            (6) Huntington Beach Seawater Desalination Project.
            (7) Irvine Non-Potable Shallow Groundwater Unit Desalter.
            (8) Irvine Ranch Water District Wells 51, 52, 53, 21 & 22 
        Potable (Non-exempt) Desalter Plant.
            (9) Long Beach Seawater Desalination Project.
            (10) Marina Desalination Facility Expansion.
            (11) Mission Valley Brackish Groundwater Recovery Project.
            (12) Monterey Bay Regional Water Project Desalination 
        Facility (Moss Landing).
            (13) Monterey Peninsula Water Supply Project.
            (14) Monterey Peninsula Water Supply Project (Ocean 
        Desalination/Groundwater Replenishment).
            (15) Moorpark Groundwater Desalter.
            (16) North Pleasant Valley Groundwater Desalter.
            (17) Oceanside Ocean Desalination Project (San Luis Rey 
        Basin).
            (18) Perris II Desalter.
            (19) Ramona Desalting Facility.
            (20) San Diego Formation/Balboa Park Goundwater Desal 
        Facility.
            (21) San Elijo Valley Groundwater Project.
            (22) San Pasqual Brackish Groundwater Recovery Project.
            (23) Santa Cruz/Soquel Creek Water District Desalination 
        Plant.
            (24) South Orange Coastal Ocean Desalination Project.
            (25) West Basin Seawater Desalination Regional Project.
            (26) West Simi Valley Desalter.
    (d) Eligibility for Water Supply Project Federal Support.--Upon the 
submission of a completed feasibility report compliant with Bureau of 
Reclamation standards, the Secretary of the Interior shall review 
requests for funding assistance and, subject to the availability of 
appropriations, award funding on a competitive basis for projects that 
meet the eligibility requirements of title IV, including in the review 
drought recovery and resiliency projects for--
            (1) groundwater recharge;
            (2) stormwater capture;
            (3) agricultural or urban water conservation and 
        efficiency; or
            (4) other innovative projects that can reduce reliance on 
        surface and groundwater supplies.

SEC. 302. REAUTHORIZATION OF DESALINATION ACT.

    (a) Definitions.--Section 2 of the Water Desalination Act of 1996 
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
            (1) by redesignating paragraphs (1), (2), (3), (4), and (5) 
        as paragraphs (2), (3), (5), (6), and (4), respectively, and 
        moving the paragraphs so as to appear in numerical order; and
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.''.
    (b) Authorization of Research and Studies.--Section 3 of the Water 
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is 
amended by adding at the end the following:
    ``(e) Prioritization.--In carrying out this section, the Secretary 
of the Interior shall prioritize funding for research--
            ``(1) to reduce energy consumption and lower the cost of 
        seawater and brackish water desalination;
            ``(2) to reduce the environmental impacts of seawater 
        desalination and develop technology and strategies to minimize 
        those impacts;
            ``(3) to improve existing reverse osmosis and membrane 
        technology;
            ``(4) to carry out basic and applied research on next 
        generation desalination technologies, including graphene 
        membranes, forward osmosis, hybrid membrane-thermal 
        desalination, improved energy recovery systems, and renewable 
        energy-powered desalination systems that could significantly 
        reduce desalination costs; and
            ``(5) to develop portable or modular desalination units 
        capable of providing temporary emergency water supplies for 
        domestic or military deployment purposes.''.
    (c) Desalination Demonstration and Development.--Section 4 of the 
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-
298) is amended by adding at the end the following:
    ``(c) Prioritization.--In carrying out demonstration and 
development activities under this section, the Secretary shall 
prioritize projects--
            ``(1) in drought-stricken States and communities;
            ``(2) in States that have authorized funding for research 
        and development of desalination technologies and projects; and
            ``(3) that can reduce reliance on imported water supplies 
        that have an impact on species listed under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).''.
    (d) Authorization of Appropriations.--Section 8 of the Water 
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is 
amended--
            (1) in subsection (a), in the first sentence--
                    (A) by striking ``$5,000,000'' and inserting 
                ``$10,000,000''; and
                    (B) by striking ``2013'' and inserting ``2020''; 
                and
            (2) in subsection (b), by striking ``for each of fiscal 
        years 2012 through 2013'' and inserting ``for each of fiscal 
        years 2016 through 2020''.
    (e) Consultation.--Section 9 of the Water Desalination Act of 1996 
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
            (1) by striking the section designation and heading and all 
        that follows through ``In carrying out'' in the first sentence 
        and inserting the following:

``SEC. 9. CONSULTATION AND COORDINATION.

    ``(a) Consultation.--In carrying out'';
            (2) in the second sentence, by striking ``The 
        authorization'' and inserting the following:
    ``(c) Other Desalination Programs.--The authorization''; and
            (3) by inserting after subsection (a) (as designated by 
        paragraph (1)) the following:
    ``(b) Coordination of Federal Desalination Research and 
Development.--
            ``(1) In general.--The White House Office of Science and 
        Technology Policy shall develop a coordinated strategic plan 
        that--
                    ``(A) establishes priorities for future Federal 
                investments in desalination; and
                    ``(B) coordinates the activities of Federal 
                agencies involved in desalination, including the Bureau 
                of Reclamation, the National Science Foundation, the 
                Office of Naval Research of the Department of Defense, 
                the National Laboratories of the Department of Energy, 
                the United States Geological Survey, the Environmental 
                Protection Agency, and the National Oceanic and 
                Atmospheric Administration.''.
    (f) Desalination Project Assistance.--The Water Desalination Act of 
1996 (42 U.S.C. 10301 note; Public Law 104-298) is amended by adding at 
the end the following:

``SEC. 10. FEASIBILITY STUDY AND DESIGN ASSISTANCE.

    ``(a) In General.--In order to facilitate the development of water 
desalination projects, the Administrator shall develop and implement a 
program to provide financial assistance to study the feasibility and 
support the design of desalination facilities (including associated 
water distribution infrastructure) that provide usable water.
    ``(b) Feasibility Studies.--
            ``(1) In general.--The Administrator may provide grant 
        assistance to a non-Federal project sponsor to evaluate and 
        determine the feasibility of a public or public-private 
        desalination project.
            ``(2) Federal share.--The Federal share for a feasibility 
        study under paragraph (1) shall not exceed 50 percent of the 
        cost of the study.
            ``(3) Criteria for eligibility.--In carrying out this 
        subsection, the Administrator shall establish criteria to 
        determine projects eligible for grant funding based on the 
        ability of the projects to provide regional water supply 
        benefits, including--
                    ``(A) improving water supply reliability in regions 
                subject to frequent and severe drought;
                    ``(B) enhancement of public health, safety, 
                ecosystems, and watershed sustainability;
                    ``(C) preservation of groundwater through reduction 
                of withdrawals from aquifers;
                    ``(D) offsetting demand for water conveyed from 
                environmentally sensitive areas outside service area of 
                the project; and
                    ``(E) mitigation of saltwater intrusion to 
                aquifers.
    ``(c) Project Design.--
            ``(1) In general.--The Administrator may provide grant 
        assistance to a non-Federal project sponsor for the design of a 
        public or public-private desalination project.
            ``(2) Federal share.--The Federal share for project design 
        under paragraph (1) shall not exceed 25 percent of the cost of 
        project design of the project.
            ``(3) Criteria for eligibility.--In carrying out this 
        subsection, the Administrator shall establish criteria to 
        determine projects eligible for grant funding, including--
                    ``(A) completion of a feasibility study described 
                in subsection (b);
                    ``(B) demonstration of technical feasibility and 
                cost effectiveness;
                    ``(C) completion of all required State and Federal 
                environmental impact analyses;
                    ``(D) receipt of all necessary local, State, and 
                Federal permits;
                    ``(E) demonstration of financial capability of non-
                Federal project sponsors;
                    ``(F) quantification and net cost of water produced 
                by the project; and
                    ``(G) identification of users of produced water 
                supply, including water purchase agreements and other 
                contractually binding mechanisms.
    ``(d) Guidance.--Not later than 180 days after the date of 
enactment of this section, the Administrator shall publish appropriate 
guidance to implement this section.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2016 through 2020, to remain available until expended.
    ``(f) Report on Desalination Technology.--Not later than 90 days 
after the date of enactment of this section, the Secretary of the Navy 
shall submit to Congress a report on the application of desalinization 
technology for defense and national security purposes to provide 
drought relief to areas impacted by sharp declines in water supply.''.

                          Subtitle B--Storage

SEC. 311. DEFINITIONS.

    In this subtitle:
            (1) Federal storage project.--The term ``Federal storage 
        project'' means any water storage facility to which the United 
        States holds title and which was authorized to be constructed, 
        operated, and maintained pursuant to the reclamation laws.
            (2) Non-federal storage project.--The term ``non-Federal 
        storage project'' means any water storage facility constructed, 
        operated, and maintained by any State, department of a State, 
        subdivision of a State, or public agency organized pursuant to 
        State law.

SEC. 312. FEDERAL SUPPORT FOR INVESTMENTS IN STORAGE.

    (a) Federal Storage Projects.--
            (1) Agreements.--On the request of any State, department, 
        agency, or subdivision of a State, or public agency organized 
        pursuant to State law, the Secretary of the Interior may 
        negotiate and enter into an agreement on behalf of the United 
        States for participation in the construction or expansion of 
        any Federal storage project in accordance with this section.
            (2) Federal cost share.--Subject to the requirements of 
        this subsection, the Secretary may participate in a Federal 
        storage project in an amount equal to not more than 50 percent 
        of the total cost of the Federal storage project.
            (3) Commencement.--The construction of a Federal storage 
        project that is the subject of an agreement under this 
        subsection shall not commence until the Secretary secures an 
        agreement providing such funds as are necessary to pay the 
        capital costs for any purpose that would otherwise be 
        considered to be reimbursable under the reclamation laws.
            (4) Rights to use capacity.--Subject to compliance with 
        State water rights laws, the right to use the capacity of a 
        Federal storage project for which the Secretary has entered 
        into an agreement under this subsection shall be allocated in 
        such manner as may be mutually agreed on by the Secretary and 
        each other party to the agreement.
            (5) Environmental laws.--In participating in a Federal 
        storage project under this subsection, the Secretary shall 
        comply with all applicable environmental laws, including the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
    (b) Non-Federal Storage Projects.--
            (1) In general.--Subject to the requirements of this 
        subsection, the Secretary of the Interior may participate in a 
        non-Federal storage project in an amount equal to not more than 
        25 percent of the total cost of the non-Federal storage 
        project.
            (2) Request by governor.--Participation in a non-Federal 
        storage project under this subsection shall not occur unless--
                    (A) the participation has been requested by the 
                Governor of the State in which the non-Federal storage 
                project is located; and
                    (B) the Secretary--
                            (i) makes each determination described in 
                        paragraph (3); and
                            (ii) submits to Congress a written 
                        notification of those determinations.
            (3) Description of determinations.--The determinations 
        referred to in paragraph (2)(B)(i) include a determination by 
        the Secretary that--
                    (A) the relevant non-Federal storage project is 
                technically and financially feasible;
                    (B) sufficient non-Federal funding is available to 
                complete the non-Federal storage project;
                    (C) the non-Federal storage project sponsors are 
                financially solvent;
                    (D) the environmental impacts of the non-Federal 
                storage project are acceptable; and
                    (E) the Federal benefits of the non-Federal storage 
                project, including water supplies dedicated to specific 
                purposes such as environmental enhancement or wildlife 
                refuges, meet or exceed the proposed Federal 
                investment.
            (4) Projects in california.--Federal funding for 
        construction of the Los Vaqueros Reservoir, North-of-Delta 
        Offstream Storage (Sites Reservoir), and the Upper San Joaquin 
        River non-Federal storage projects described in clauses 
        (i)(II), (ii)(I), and (ii)(II) of section 103(d)(1)(A) of 
        Public Law 108-361 (118 Stat. 1684) is conditional on the 
        California Water Commission determining that--
                    (A) the project is feasible, is consistent with all 
                applicable laws and regulations, and will advance the 
                long-term objectives of restoring ecological health and 
                improving water management for beneficial uses of the 
                Delta, pursuant to section 79755(a)(5)(B) of the 
                California Water Quality, Supply, and Infrastructure 
                Improvement Act of 2014 (division 26.7 of the 
                California Water Code); and
                    (B) pursuant to section 79753(a) of that Act, 50 
                percent or more of the total public benefits of the 
                project provide the following:
                            (i) Ecosystem improvements, including 
                        changing the timing of water diversions, 
                        improvement in flow conditions, temperature, or 
                        other benefits that contribute to restoration 
                        of aquatic ecosystems and native fish and 
                        wildlife, including those ecosystems and fish 
                        and wildlife in the Delta.
                            (ii) Water quality improvements in the 
                        Delta, or in other river systems, that provide 
                        significant public trust resources, or that 
                        clean up and restore groundwater resources.
                            (iii) Flood control benefits, including 
                        increases in flood reservation space in 
                        existing reservoirs by exchange for existing or 
                        increased water storage capacity in response to 
                        the effects of changing hydrology and 
                        decreasing snow pack on the water and flood 
                        management system of the State.
                            (iv) Emergency response, including securing 
                        emergency water supplies and flows for dilution 
                        and salinity repulsion following a natural 
                        disaster or act of terrorism.
                            (v) Recreational purposes, including those 
                        recreational pursuits generally associated with 
                        the outdoors.
            (5) Environmental laws.--In participating in a non-Federal 
        storage project under this subsection, the Secretary shall 
        comply with all applicable environmental laws, including the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
            (6) Information.--In participating in a non-Federal storage 
        project under this subsection, the Secretary--
                    (A) may rely on reports prepared by the non-Federal 
                storage project sponsor, including feasibility (or 
                equivalent) studies, environmental analyses, and other 
                pertinent reports and analyses; but
                    (B) shall retain responsibility for making the 
                independent determinations described in paragraph (3).
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $600,000,000 through fiscal year 2025.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        submit to the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives a report that contains recommendations of the 
        Secretary, if any, regarding whether additional appropriations 
        are needed to carry out the purposes of this section, and the 
        amount of such additional appropriations.

SEC. 313. CALFED STORAGE PROJECTS.

    (a) Findings.--Congress finds that--
            (1) the record drought conditions being experienced in the 
        State as of the date of enactment of this Act are--
                    (A) expected to recur in the future; and
                    (B) likely to do so with increasing frequency;
            (2) water storage is an indispensable and integral part of 
        any solution to address the long-term water challenges of the 
        State;
            (3) Congress authorized relevant feasibility studies for 5 
        water storage projects in the State, including projects for--
                    (A) enlargement of Shasta Dam in Shasta County 
                under section 2(a) of Public Law 96-375 (94 Stat. 
                1506), as reaffirmed under section 103(d)(1)(A)(i)(I) 
                of Public Law 108-361 (118 Stat. 1684);
                    (B) enlargement of Los Vaqueros Reservoir in Contra 
                Costa County under section 215 of Public Law 108-7 (117 
                Stat. 147), as reaffirmed under section 
                103(d)(1)(A)(i)(II) of Public Law 108-361 (118 Stat. 
                1684);
                    (C) construction of North-of-Delta Offstream 
                Storage (Sites Reservoir) in Colusa County under 
                section 215 of Public Law 108-7 (117 Stat. 147), as 
                reaffirmed under section 103(d)(1)(A)(ii)(I) of Public 
                Law 108-361 (118 Stat. 1684);
                    (D) construction of the Upper San Joaquin River 
                storage (Temperance Flat) in Fresno and Madera Counties 
                under section 215 of Public Law 108-7 (117 Stat. 147), 
                as reaffirmed under section 103(d)(1)(A)(ii)(II) of 
                Public Law 108-361 (118 Stat. 1684); and
                    (E) expansion of San Luis Reservoir under section 
                103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694);
            (4) as of the date of enactment of this Act, it has been 
        more than 10 years since the authorization of the feasibility 
        studies referred to in paragraph (3), but complete and final 
        feasibility studies have not been prepared for any of those 
        water storage projects;
            (5) the slow pace of work on completion of the feasibility 
        studies for those 5 water storage projects is unjustified and 
        of deep concern; and
            (6) there is significant public interest in, and urgency 
        with respect to, completing all feasibility studies and 
        environmental reviews for the water storage projects referred 
        to in paragraph (3), given the critical need for that 
        infrastructure to address current and future water challenges 
        of the State.
    (b) Deadlines for Completing Storage Studies.--The Secretary of the 
Interior, through the Commissioner of Reclamation, shall--
            (1) complete the feasibility studies described in clauses 
        (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108-
        361 (118 Stat. 1684) and submit such studies to the appropriate 
        committees of the House of Representatives and the Senate not 
        later than December 31, 2015;
            (2) complete the feasibility study described in clause 
        (i)(II) of section 103(d)(1)(A) of Public Law 108-361 (118 
        Stat. 1684) and submit such study to the appropriate committees 
        of the House of Representatives and the Senate not later than 
        November 30, 2016;
            (3) complete a publicly available draft of the feasibility 
        study described in clause (ii)(I) of section 103(d)(1)(A) of 
        Public Law 108-361 (118 Stat. 1684) and submit such study to 
        the appropriate committees of the House of Representatives and 
        the Senate not later than November 30, 2016;
            (4) complete the feasibility study described in clause 
        (ii)(I) of section 103(d)(1)(A) of Public Law 108-361 (118 
        Stat. 1684) and submit such study to the appropriate committees 
        of the House of Representatives and the Senate not later than 
        November 30, 2017;
            (5) complete the feasibility study described in section 
        103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and submit 
        such study to the appropriate Committees of the House of 
        Representatives and the Senate not later than December 31, 
        2017;
            (6) provide a progress report on the status of the 
        feasibility studies referred to in paragraphs (1) through (3) 
        to the appropriate committees of the House of Representatives 
        and the Senate not later than 90 days after the date of the 
        enactment of this Act and every 180 days thereafter until 
        December 31, 2017, as applicable, which report shall include 
        timelines for study completion, draft environmental impact 
        statements, final environmental impact statements, and records 
        of decision; and
            (7) communicate, coordinate, and cooperate with public 
        water agencies that contract with the United States for Central 
        Valley Project water and that are expected to participate in 
        the cost pools that will be created for the projects proposed 
        in the feasibility studies under this section.
    (c) Impacts.--The Secretary of the Interior, in consultation with 
other appropriate agencies, shall establish a process to address direct 
and substantial impacts caused by any storage projects under this 
section.

SEC. 314. AUTHORIZATION TO INCREASE RESERVOIR CAPACITY AS PART OF DAM 
              SAFETY PROJECTS.

    The Reclamation Safety of Dams Act of 1978 is amended by--
            (1) in section 3 (43 U.S.C. 507), in the first sentence, by 
        striking ``Construction'' and inserting ``Except as provided in 
        section 5B, construction''; and
            (2) inserting after section 5A (43 U.S.C. 509a) the 
        following:

``SEC. 5B. AUTHORIZATION TO INCREASE RESERVOIR CAPACITY AS PART OF DAM 
              SAFETY PROJECTS.

    ``(a) Determination by Secretary of the Interior.--
            ``(1) In general.--Subject to subsection (b), 
        notwithstanding section 3, if the Secretary makes a 
        determination described in paragraph (2), the Secretary may 
        develop additional project benefits through the construction of 
        new or supplementary works on a project--
                    ``(A) in conjunction with the activities of the 
                Secretary under section 2; and
                    ``(B) subject to the conditions described in the 
                relevant feasibility study.
            ``(2) Description of determination.--A determination 
        referred to in paragraph (1) is a determination by the 
        Secretary that an additional project benefit (including 
        additional conservation storage capacity) is--
                    ``(A) necessary;
                    ``(B) in the interests of--
                            ``(i) the United States; and
                            ``(ii) the project;
                    ``(C) feasible; and
                    ``(D) not inconsistent with the purposes of this 
                Act.
    ``(b) Requirement.--The costs associated with developing an 
additional project benefit under subsection (a) shall be--
            ``(1) allocated to the authorized purposes of the project 
        that have a benefit;
            ``(2) subject to a cost-sharing agreement among applicable 
        Federal, State, and local agencies relating to the additional 
        project benefit; and
            ``(3) repaid in accordance with the reclamation laws.''.

SEC. 315. RESERVOIR OPERATION IMPROVEMENT.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of the Army shall submit to the Committees on 
Appropriations and the Committee on Environment and Public Works of the 
Senate and the Committee on Appropriations and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report including the following information for any State under a 
gubernatorial drought declaration during water year 2015:
            (1) A list of Corps of Engineer projects and non-Federal 
        projects operated for flood control in accordance with rules 
        prescribed by the Secretary of the Army pursuant to section 7 
        of the Act of December 22, 1944 (commonly known as the ``Flood 
        Control Act of 1944'') (58 Stat. 890, chapter 665).
            (2) The year during which the original water control manual 
        was approved.
            (3) The year during which any subsequent revisions to the 
        water control plan and manual of the project are proposed to 
        occur.
            (4) A list of projects for which operational deviations for 
        drought contingency have been requested, and the status of the 
        request.
            (5) The means by which water conservation and water quality 
        improvements were addressed.
            (6) A list of projects for which permanent changes to 
        storage allocations have been requested, and the status of the 
        request.
    (b) Project Identification.--Not later than 60 days after the date 
of completion of the report under subsection (a), the Secretary of the 
Army shall identify any projects described in the report that meet the 
following criteria:
            (1) The project is located in a State in which a drought 
        emergency has been declared or was in effect during the 1-year 
        period preceding the date of final review by the Secretary.
            (2) The water control manual and hydrometeorological 
        information establishing the flood control rule curves of the 
        project have not been revised during the 20-year period ending 
        on the date of review by the Secretary.
            (3) Revision of water operations manuals, including flood 
        control rule curves, based on the use of improved weather 
        forecasting or run-off forecasting methods, new watershed data, 
        or changes to project operations, for the project is likely to 
        enhance the existing authorized project purposes including 
        water supply storage capacity and reliability, flood control 
        operations and environmental restoration.
    (c) Additional Projects Identified.--Not later than 60 days after 
the date of completion of the report under subsection (a), the 
Secretary of the Army shall identify any non-Corps of Engineers 
projects that meet--
            (1) the criteria described in subsection (b); and
            (2)(A) the owner of the non-Federal project has submitted 
        to the Secretary of the Army a formal request to review or 
        revise the operations manual or flood control rule curves to 
        accommodate new watershed data or projected project 
        modifications or operational changes; and
            (B) the modifications or operational changes proposed by 
        the owner of the non-Federal project are likely to enhance 
        water supply benefits and flood control operations.
    (d) Pilot Projects.--
            (1) In general.--Not later than 1 year after the date of 
        identification of the projects under subsections (b) and (c), 
        if any, the Secretary of the Army shall carry out not more than 
        5 pilot projects, including at least 2 non-Federal projects 
        (within the meaning of subsection (a)(1)) (if any are 
        identified under subsection (b) or (c)), to implement revisions 
        of water operations manuals, including flood control rule 
        curves, based on the best available science, which may 
        include--
                    (A) forecast-informed operations;
                    (B) new watershed data; and
                    (C) if applicable, spillway improvements.
            (2) Consultation.--In implementing the pilot projects 
        pursuant to this subsection, the Secretary of the Army shall 
        consult with all affected interests, including non-Federal 
        entities responsible for operations and maintenance costs of a 
        Corps of Engineers facility, affected water rights holders, 
        individuals and entities with storage entitlements, and local 
        agencies with flood control responsibilities downstream of a 
        Corps of Engineers facility.
    (e) Coordination With Non-Federal Project Entities.--If a project 
identified under subsection (b) or (c) is--
            (1) a non-Federal project, the Secretary of the Army, prior 
        to carrying out an activity under this section, shall--
                    (A) consult with the non-Federal project owner; and
                    (B) enter into a cooperative agreement, memorandum 
                of understanding, or other agreement with the non-
                Federal project owner; and
            (2) owned and operated by the Corps of Engineers, the 
        Secretary of the Army, prior to carrying out an activity under 
        this section, shall--
                    (A) consult with each non-Federal entity (including 
                a municipal water district, irrigation district, joint 
                powers authority, or other local governmental entity) 
                that currently--
                            (i) manages (in whole or in part) a Corps 
                        of Engineers dam or reservoir; or
                            (ii) is responsible for operations and 
                        maintenance costs; and
                    (B) enter into a cooperative agreement, memorandum 
                of understanding, or other agreement with each such 
                entity.
    (f) Consideration.--In designing and implementing a forecast-
informed reservoir operations plan, the Secretary of the Army may 
consider--
            (1) the relationship between ocean and atmospheric 
        conditions, including the El Nino and La Nina cycles, and the 
        potential for above-normal, normal, and below-normal rainfall 
        for the coming water year, including consideration of 
        atmospheric river forecasts;
            (2) the precipitation and runoff index specific to the 
        basin and watershed of the relevant dam or reservoir, including 
        incorporating knowledge of hydrological and meteorological 
        conditions that influence the timing and quantity of runoff;
            (3) improved hydrologic forecasting for precipitation, 
        snowpack, and soil moisture conditions;
            (4) an adjustment of operational flood control rule curves 
        to optimize water supply storage and reliability, hydropower 
        production, environmental benefits for flows and temperature, 
        and other authorized project benefits, without a reduction in 
        flood safety; and
            (5) proactive management in response to changes in 
        forecasts.
    (g) Funding.--On finalizing an agreement with a non-Federal project 
sponsor or non-Federal project owner pursuant to subsection (e), the 
Secretary of the Army may accept non-Federal funds for all or a portion 
of the cost of carrying out a review or revision of water control 
manuals and flood control rule curves.
    (h) Effect.--
            (1) Manual revisions.--A revision of a manual shall not 
        interfere with the authorized purposes of a project.
            (2) Effect.--
                    (A) Act.--Nothing in this Act authorizes the 
                Secretary of the Army to carry out, at a Corps of 
                Engineers or non-Federal dam or reservoir, any project 
                or activity for a purpose not otherwise authorized as 
                of the date of enactment of this Act.
                    (B) Section.--Nothing in this section affects or 
                modifies any obligation of the Secretary of the Army 
                under State law or authorizes the diversion or use of 
                water in a manner that is inconsistent with State water 
                rights law.
            (3) Bureau of reclamation projects excluded.--This section 
        shall not apply to any dam or reservoir owned by the Bureau of 
        Reclamation.
    (i) Modifications to Manuals and Curves.--Not later than 180 days 
after the date of completion of a modification to an operations manual 
or flood control rule curve, the Secretary of the Army shall submit to 
Congress a report regarding the components of the forecast-based 
reservoir operations plan incorporated into the change.

SEC. 316. REPORT TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, and 
every 2 years thereafter, the Secretary shall submit to the Committee 
on Energy and Natural Resources of the Senate and the Committee on 
Natural Resources of the House of Representatives a report summarizing 
the financial performance of the projects that are receiving, or have 
received, assistance under this subtitle, including an assessment of 
whether the objectives of this subtitle are being met.

   Subtitle C--Water Recycling, Conservation, Efficiency, and Other 
                                Programs

SEC. 321. PROMOTING WATER EFFICIENCY WITH WATERSENSE.

    (a) In General.--There is established within the Environmental 
Protection Agency a program, to be known as the ``WaterSense Program'', 
to identify and promote water efficient products, buildings, 
landscapes, facilities, processes, and services so as--
            (1) to reduce water use;
            (2) to reduce the strain on water, wastewater, and 
        stormwater infrastructure;
            (3) to conserve energy used to pump, heat, transport, and 
        treat water; and
            (4) to preserve water resources for future generations, 
        through voluntary labeling of, or other forms of communications 
        regarding, products, buildings, landscapes, facilities, 
        processes, and services that meet the highest water efficiency 
        and performance criteria.
    (b) Duties.--The Administrator of the Environmental Protection 
Agency (referred to in this section as the ``Administrator'') shall--
            (1) establish--
                    (A) a WaterSense label to be used for certain 
                items; and
                    (B) the procedure by which an item may be certified 
                to display the WaterSense label;
            (2) promote WaterSense-labeled products, buildings, 
        landscapes, facilities, processes, and services in the 
        marketplace as the preferred technologies and services for--
                    (A) reducing water use; and
                    (B) ensuring product and service performance;
            (3) work to enhance public awareness of the WaterSense 
        label through public outreach, education, and other means;
            (4) preserve the integrity of the WaterSense label by--
                    (A) establishing and maintaining performance 
                criteria so that products, buildings, landscapes, 
                facilities, processes, and services labeled with the 
                WaterSense label perform as well or better than less 
                water-efficient counterparts;
                    (B) overseeing WaterSense certifications made by 
                third parties;
                    (C) conducting reviews of the use of the WaterSense 
                label in the marketplace and taking corrective action 
                in any case in which misuse of the label is identified; 
                and
                    (D) carrying out such other measures as the 
                Administrator determines to be appropriate;
            (5) regularly review and, if appropriate, update WaterSense 
        criteria for categories of products, buildings, landscapes, 
        facilities, processes, and services, at least once every 6 
        years;
            (6) to the maximum extent practicable, regularly estimate 
        and make available to the public the production and relative 
        market shares of, and the savings of water, energy, and capital 
        costs of water, wastewater, and stormwater infrastructure 
        attributable to the use of WaterSense-labeled products, 
        buildings, landscapes, facilities, processes, and services, at 
        least annually;
            (7) solicit comments from interested parties and the public 
        prior to establishing or revising a WaterSense category, 
        specification, installation criterion, or other criterion;
            (8) provide reasonable notice to interested parties and the 
        public of any changes (including effective dates), on the 
        adoption of a new or revised category, specification, 
        installation criterion, or other criterion, along with--
                    (A) an explanation of the changes; and
                    (B) as appropriate, responses to comments submitted 
                by interested parties and the public;
            (9) provide appropriate lead time (as determined by the 
        Administrator) prior to the applicable effective date for a new 
        or significant revision to a category, specification, 
        installation criterion, or other criterion, taking into account 
        the timing requirements of the manufacturing, marketing, 
        training, and distribution process for the specific product, 
        building and landscape, or service category addressed;
            (10) identify and, if appropriate, implement other 
        voluntary approaches in commercial, institutional, residential, 
        industrial, and municipal sectors to encourage recycling and 
        reuse technologies to improve water efficiency or lower water 
        use; and
            (11) if appropriate, authorize the WaterSense label for use 
        on products that are labeled by the Energy Star program 
        implemented by the Administrator and the Secretary of Energy.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $5,000,000 for fiscal year 2016;
            (2) $5,000,000 for fiscal year 2017;
            (3) $5,000,000 for fiscal year 2018;
            (4) $5,000,000 for fiscal year 2019; and
            (5) for each subsequent fiscal year, the applicable amount 
        for the preceding fiscal year, as adjusted to reflect changes 
        for the 12-month period ending the preceding November 30 in the 
        Consumer Price Index for All Urban Consumers published by the 
        Bureau of Labor Statistics of the Department of Labor.

SEC. 322. INCREASING OPPORTUNITIES FOR AGRICULTURAL CONSERVATION.

    (a) In General.--The Secretary of the Interior is authorized and 
directed to enter into voluntary agreements with public water agencies 
or other entities that receive water from any project operated by the 
Bureau of Reclamation to implement water conservation programs.
    (b) Uses of Conserved Water.--Of the quantity of water conserved as 
a result of the exercise of the authority of the Secretary under 
subsection (a)--
            (1) 25 percent shall be retained by the public water agency 
        or entity with which the Secretary has entered into a water 
        conservation agreement; and
            (2) 75 percent shall be retained by the Secretary, of 
        which--
                    (A) 33 percent shall be used or marketed on an 
                annual basis for purposes that will promote groundwater 
                recharge and conservation; and
                    (B) 67 percent shall be used on an annual basis for 
                refuge water supply or other authorized project 
                purposes.
    (c) Exceptions.--For good reason, the Secretary and the public 
water agency or entity with which the Secretary has entered into a 
water conservation agreement may agree to modify the percentages of 
uses of the water conserved specified in subsection (b) in a particular 
instance.
    (d) Contributed Funds.--
            (1) In general.--Any existing water service or repayment 
        contractor within the project service area may contribute funds 
        for the implementation of the water conservation agreement.
            (2) Action by secretary.--If a contractor provides 
        contributed funds pursuant to paragraph (1), the Secretary 
        shall provide to that water service or repayment contractor 
        some or all of the water described in subsection (b)(2)(B), but 
        not to exceed the proportion of funds contributed by the 
        contractor.
            (3) Additional water.--If a contractor contributes over 50 
        percent of the project cost, the Secretary may reach an 
        agreement with the contractor to provide some of the water 
        described in subsection (b)(2)(A) for the contractor to use for 
        groundwater recharge and conservation, subject to the condition 
        that the contractor may not receive a higher proportion of the 
        water conserved than the proportion of the funds contributed by 
        the contractor.

SEC. 323. ASSISTANCE FOR DROUGHT-STRICKEN COMMUNITIES.

    (a) Findings.--Congress finds that--
            (1) across the United States, more than 90 percent of the 
        community water systems serve populations of less than 10,000 
        individuals;
            (2) the number of dry wells continues to increase as the 
        State enters the fourth consecutive summer of drought, with 
        approximately 1,988 wells statewide identified as critical or 
        dry, which affects an estimated 9,940 residents, with 1,883 of 
        the 1,988 dry wells concentrated in the inland regions within 
        the Central Valley;
            (3) many areas of the State are disproportionately impacted 
        by drought because the areas are heavily dependent or 
        completely reliant on groundwater from basins that are in 
        overdraft and in which the water table declines year after year 
        or from basins that are contaminated; and
            (4) those communities throughout the State have been 
        impacted by the presence of naturally occurring arsenic in the 
        groundwater among other contaminants, as a result of higher 
        concentration of contaminants in the water.
    (b) Additional Assistance for Communities Without Access to 
Adequate Water.--
            (1) In general.--To assist disadvantaged communities that 
        have experienced a significant decline in quantity or quality 
        of drinking water, and to obtain or maintain adequate 
        quantities of water that meet the standards set by the Federal 
        Water Pollution Control Act (33 U.S.C. et seq.), there is 
        established within the Rural Water and Waste Disposal Program 
        of the Department of Agriculture a program under which the 
        Secretary of Agriculture shall provide grants for communities--
                    (A) that are unable to meet the primary water 
                quality standards under that Act; or
                    (B) the local private or public water supply of 
                which has been lost or severely diminished due to 
                drought conditions.
            (2) Eligible communities.--
                    (A) In general.--Except as provided in subparagraph 
                (B), to be eligible to receive a grant under this 
                subsection, a community shall carry out a project 
                described in paragraph (3), the service area of which--
                            (i) shall not be located in any city or 
                        town with a population of more than 10,000 
                        residents; and
                            (ii) has a median household income of less 
                        than 100 percent of a the nonmetropolitan 
                        median household income of the State.
                    (B) Exceptions.--Notwithstanding subparagraph 
                (A)(i), the Secretary may provide assistance to 
                communities exceeding the 10,000 population limit 
                established by that subparagraph in the event there is 
                a threat to the human health and safety of the 
                community as a result of decreased water supplies or 
                water quality.
            (3) Eligible projects.--Projects eligible for this program 
        may be used for--
                    (A) point of use treatment;
                    (B) point of entry systems;
                    (C) distributed treatment facilities;
                    (D) construction of new water source facilities 
                including wells and connections to existing systems;
                    (E) water distribution facilities;
                    (F) connection fees to existing systems;
                    (G) assistance to households to connect to water 
                facilities; and
                    (H) any combination of activities described in 
                subparagraphs (A) through (G).
            (4) Prioritization.--In determining priorities for funding 
        projects, the Secretary of Agriculture shall take into 
        consideration--
                    (A) where water outages--
                            (i) are most imminent; and
                            (ii) pose the greatest threat to public 
                        health and safety; and
                    (B) the access of the applicant to, or ability to 
                qualify for, alternative funding sources.
            (5) Maximum amount.--The amount of a grant provided under 
        this section may be made up to 100 percent of costs, 
        including--
                    (A) initial operation costs incurred for start-up 
                and testing of project facilities;
                    (B) components to ensure such facilities and 
                components are properly operational; and
                    (C) costs of operation or maintenance incurred 
                subsequent to placing the facilities or components into 
                service.
            (6) Nonprofit organizations.--The Secretary may use amounts 
        made available to carry out this section to provide grants to, 
        or enter into cooperative agreements with, nonprofit 
        organizations that can provide onsite technical assistance, 
        assistance with implementing source water protection plans, and 
        assistance with implementing monitoring and maintenance plans.
    (c) Pilot Projects.--There is authorized to be appropriated to the 
Secretary to carry out this section $15,000,000 for up to 15 pilot 
projects to implement the program under this section.

SEC. 324. CONSERVATION AT CALIFORNIA MILITARY INSTALLATIONS.

    (a) Initial Assessment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Defense shall submit to 
        the Subcommittees on Military Construction, Veterans Affairs, 
        and Related Agencies of the Committees on Appropriations of the 
        Senate and the House of Representatives a list of water 
        conservation activities and best practices that the Secretary--
                    (A) has carried out on military installations in 
                the State; or
                    (B) will carry out in the State pursuant to 
                sections 2866 and 2914 of title 10, United States Code.
            (2) Inclusions.--The report under paragraph (1) shall 
        include--
                    (A) consideration of--
                            (i) implementing the Net Zero initiative of 
                        the Army in the State;
                            (ii) reducing irrigation for landscaping 
                        and golf courses;
                            (iii) addressing distribution leaks and 
                        inadequate or faulty plumbing fixtures; and
                            (iv) wastewater reclamation and rainwater 
                        harvesting; and
                    (B) a description of--
                            (i) how installations can use the Energy 
                        and Water focus area of the Strategic 
                        Environmental Research and Development Program 
                        and Environmental Security Technology 
                        Certification Program to promote and accelerate 
                        conservation at military installations in the 
                        State; and
                            (ii) the feasibility of entering into 
                        agreements with a utility or other entity to 
                        adopt technologies or practices that--
                                    (I) reduce water demand;
                                    (II) increase water conservation; 
                                or
                                    (III) reclaim water.
    (b) Pilot Projects.--Not later than 180 days after the date of 
submission of the report under subsection (a), the Secretary of Defense 
shall commence, including through initial planning and study, not fewer 
than 3 pilot projects on military installations in the State to 
implement the actions described in the report.
    (c) Subsequent Reports.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter for each year during 
which there exists a drought declaration in the State, the Secretary of 
Defense shall submit to the Subcommittees on Military Construction, 
Veterans Affairs, and Related Agencies of the Committees on 
Appropriations of the Senate and the House of Representatives a 
progress report describing the implementation of this section during 
the preceding calendar year.

SEC. 325. SUPPORT FOR STATE WATER RESOURCES CONTROL BOARD CURTAILMENT 
              OF ILLEGAL WATER DIVERSIONS.

    The Secretary of the Interior and the Secretary of Commerce shall 
support the efforts of the State Water Resources Control Board to 
regulate the State's water supplies during the drought emergency by 
providing technical and modeling assistance upon request.

SEC. 326. COMBATING WATER THEFT FOR ILLEGAL MARIJUANA CULTIVATION.

    In addition to other amounts made available under this Act (or an 
amendment made by this Act), there is authorized to be appropriated 
$3,000,000 to the Administrator of the Drug Enforcement Administration 
for a domestic cannabis eradication and suppression program to assist 
State or local law enforcement agencies in the suppression of cannabis 
operations that--
            (1) are conducted on public land; or
            (2)(A) trespass on the property of an individual or entity; 
        and
            (B) unlawfully divert, redirect, obstruct, drain, or 
        impound water.

SEC. 327. SUPPORT FOR INNOVATIVE WATER SUPPLY AND CONSERVATION 
              TECHNOLOGIES.

    (a) In General.--In order to promote the development of innovative 
water supply and conservation technologies, the Administrator of the 
Environmental Protection Agency is authorized, on a competitive basis, 
to award grants and enter into contracts to assist in the financing of 
research and demonstration projects for such innovative technologies.
    (b) Eligible Entities.--Entities eligible to receive grants and 
enter into contracts pursuant to this section include local entities, 
public nonprofit institutions or organizations, businesses, federally 
recognized Indian tribal governments, and nonprofit institutions or 
organizations.
    (c) Eligibility Criteria.--The Administrator shall establish 
criteria for applicants to be eligible to receive a grant from, or 
enter into a contract with, the Administrator under this section, 
including--
            (1) demonstration of the technical feasibility of the 
        proposal and the qualifications of the entity to carry out the 
        proposal;
            (2) demonstration of the financial capability and 
        creditworthiness of non-Federal project sponsors;
            (3) compliance with all applicable laws and receipt of all 
        necessary local, State, and Federal permits; and
            (4) quantification of the estimated water to be produced or 
        saved by the project and the net cost of the project.
    (d) Evaluation Criteria.--The Administrator shall establish 
criteria for evaluating on a competitive basis eligible applicants 
under this section, including the degree to which the proposed 
technology--
            (1) proposes an innovation that has broad, fundamental 
        implications for water savings or water supply;
            (2) is economically feasible;
            (3) could reduce the costs of water supply, including 
        reductions in associated energy costs;
            (4) would solve environmental concerns or provide 
        environmental benefits;
            (5) has a proof of concept, and a likely path to success 
        within a reasonable time frame; and
            (6) is aimed at the development of a specific water saving 
        or water supply application, as opposed to basic research aimed 
        at discovery and fundamental knowledge generation.
    (e) Authority To Engage Others.--
            (1) In general.--In carrying out research and studies 
        authorized in this section, the Administrator may engage the 
        necessary personnel, industrial or engineering firms, Federal 
        laboratories, water resources research and technology 
        institutions, other facilities, and educational institutions 
        suitable to conduct investigations and studies authorized under 
        this section.
            (2) Technical and administrative assistance.--The 
        Administrator may--
                    (A) accept technical and administrative assistance 
                from States and public or private agencies in 
                connection with studies, surveys, location, 
                construction, operation, and other work relating to the 
                desalting of water; and
                    (B) enter into contracts or agreements stating the 
                purposes for which the assistance is contributed and 
                providing for the sharing of costs between the 
                Administrator and any such agency.
    (f) Cost-Sharing.--
            (1) 25-percent federal cost share.--A Federal contribution 
        in excess of 25 percent for a project carried out under this 
        section may not be made unless the Administrator determines 
        that the project is not feasible without such increased Federal 
        contribution.
            (2) Maximum federal cost share.--In no case shall the 
        Federal cost-share for a project under this section exceed 50 
        percent of the total cost of the project.
            (3) Procedures for allocating costs.--The Administrator 
        shall prescribe appropriate procedures to implement the 
        provisions of this section. Costs of operation, maintenance, 
        repair, and rehabilitation of facilities funded under the 
        authority of this section shall be non-Federal 
        responsibilities.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $35,000,000 for the period of 
fiscal years 2016 through 2020.

SEC. 328. OPEN WATER DATA SYSTEM.

    (a) Definitions.--In this section:
            (1) Educational institution.--The term ``educational 
        institution'' means--
                    (A) a public or private elementary or secondary 
                school;
                    (B) an institution of vocational, professional, or 
                higher education (including a junior college or 
                teachers' college); and
                    (C) an association of schools or institutions 
                described in subparagraphs (A) and (B).
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
            (4) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
            (5) System.--The term ``system'' means the open water data 
        system established under subsection (b).
    (b) System.--The Secretary shall establish and maintain an open 
water data system within the United States Geological Survey to advance 
the availability, timely distribution, and widespread use of water data 
and information for water management, education, research, assessment, 
and monitoring purposes.
    (c) Purposes.--The purposes of the system are--
            (1) to advance the quantification of the availability, use 
        of, and risks to, water resources throughout the United States;
            (2) to increase accessibility to, and expand the use of, 
        water data and information in a standard, easy-to-use format by 
        Federal, State, local, and tribal governments, communities, 
        educational institutions, and the private sector; and
            (3) to facilitate the open exchange of water information 
        particularly in the face of climate change and unprecedented 
        drought.
    (d) Activities.--In carrying out this section, the Secretary 
shall--
            (1) integrate water data and information into a 
        interoperable, national, geospatially referenced water data 
        framework;
            (2) identify new water data and information needs, 
        including data on surface and groundwater quality and quantity, 
        sediment, erosion, transport, water chemistry, precipitation, 
        reservoir storage, water cycle, landscape variables, 
        hydrography, climate and weather impacts, soil moisture, and 
        human use;
            (3) leverage existing shared databases, infrastructure, and 
        tools to provide a platform for water data and information 
        innovation, modeling and data sharing, and solution 
        development;
            (4) support water data and information sharing, applied 
        research, and educational programs of State, local, and tribal 
        governments, communities, educational institutions, and the 
        private sector; and
            (5) promote cooperation and sharing of expertise regarding 
        water data and information among State, local, and tribal 
        governments, communities, educational institutions, and the 
        private sector.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this subsection $4,000,000 for each fiscal 
year from 2016 through 2020.

   TITLE IV--FEDERAL SUPPORT FOR STATE AND LOCAL DROUGHT RESILIENCY 
                                PROJECTS

   Subtitle A--Reclamation Infrastructure Finance and Innovation Act

SEC. 401. PURPOSES.

    The purposes of this subtitle are--
            (1) to promote increased development of critical water 
        resources infrastructure by establishing additional 
        opportunities for financing water resources projects;
            (2) to attract new investment capital to infrastructure 
        projects that are capable of generating revenue streams through 
        user fees or other dedicated funding sources;
            (3) to complement existing Federal funding sources and 
        address budgetary constraints on Bureau of Reclamation 
        programs; and
            (4) to leverage private investment in water resources 
        infrastructure.

SEC. 402. DEFINITIONS.

    In this subtitle:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a corporation;
                    (B) a partnership;
                    (C) a joint venture;
                    (D) a trust;
                    (E) a State, or local governmental entity, agency, 
                or instrumentality; and
                    (F) a conservancy district, irrigation district, 
                canal company, mutual water company, water users' 
                association, Indian tribe, agency created by interstate 
                compact, or any other entity that has the capacity to 
                contract with the United States under the reclamation 
                laws.
            (2) Federal credit instrument.--The term ``Federal credit 
        instrument'' means a secured loan or loan guarantee authorized 
        to be made available under this title with respect to a 
        project.
            (3) Investment-grade rating.--The term ``investment-grade 
        rating'' means a rating of BBB minus, Baa3, bbb minus, BBB 
        (low), or higher as assigned by a rating agency to project 
        obligations..
            (4) Lender.--
                    (A) In general.--The term ``lender'' means any non-
                Federal qualified institutional buyer (as defined in 
                section 230.144A(a) of title 17, Code of Federal 
                Regulations (or a successor regulation) (commonly known 
                as ``Rule 144A(a) of the Securities and Exchange 
                Commission'' and issued under the Securities Act of 
                1933 (15 U.S.C. 77a et seq.))).
                    (B) Inclusions.--The term ``lender'' includes--
                            (i) a qualified retirement plan (as defined 
                        in section 4974 of the Internal Revenue Code of 
                        1986) that is a qualified institutional buyer; 
                        and
                            (ii) a governmental plan (as defined in 
                        section 414 of the Internal Revenue Code of 
                        1986) that is a qualified institutional buyer.
            (5) Loan guarantee.--The term ``loan guarantee'' means any 
        guarantee or other pledge by the Secretary of the Interior to 
        pay all or part of the principal of, and interest on, a loan or 
        other debt obligation issued by an obligor and funded by a 
        lender.
            (6) Obligor.--The term ``obligor'' means an eligible entity 
        that is primarily liable for payment of the principal of, or 
        interest on, a Federal credit instrument.
            (7) Project obligation.--
                    (A) In general.--The term ``project obligation'' 
                means any note, bond, debenture, or other debt 
                obligation issued by an obligor in connection with the 
                financing of a project.
                    (B) Exclusion.--The term ``project obligation'' 
                does not include a Federal credit instrument.
            (8) Rating agency.--The term ``rating agency'' means a 
        credit rating agency registered with the Securities and 
        Exchange Commission as a nationally recognized statistical 
        rating organization (as defined in section 3(a) of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).
            (9) Reclamation state.--The term ``Reclamation State'' 
        means any of the States of--
                    (A) Arizona;
                    (B) California;
                    (C) Colorado;
                    (D) Idaho;
                    (E) Kansas;
                    (F) Montana;
                    (G) Nebraska;
                    (H) Nevada;
                    (I) New Mexico;
                    (J) North Dakota;
                    (K) Oklahoma;
                    (L) Oregon;
                    (M) South Dakota;
                    (N) Texas;
                    (O) Utah;
                    (P) Washington; and
                    (Q) Wyoming.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) Secured loan.--The term ``secured loan'' means a 
        direct loan or other debt obligation issued by an obligor and 
        funded by the Secretary in connection with the financing of a 
        project under subtitle A.
            (12) Subsidy amount.--The term ``subsidy amount'' means the 
        amount of budget authority sufficient to cover the estimated 
        long-term cost to the Federal Government of a Federal credit 
        instrument, as calculated on a net present value basis, 
        excluding administrative costs and any incidental effects on 
        Governmental receipts or outlays in accordance with the Federal 
        Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
            (13) Substantial completion.--The term ``substantial 
        completion'', with respect to a project, means the earliest 
        date on which a project is considered to perform the functions 
        for which the project is designed.

SEC. 403. AUTHORITY TO PROVIDE ASSISTANCE.

    The Secretary may provide financial assistance under this subtitle 
to carry out projects within--
            (1) any Reclamation State;
            (2) any other State in which the Bureau of Reclamation is 
        authorized to provide project assistance; and
            (3) the States of Alaska and Hawaii.

SEC. 404. APPLICATIONS.

    To be eligible to receive assistance under this subtitle, an 
eligible entity shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the Secretary 
may require.

SEC. 405. ELIGIBILITY FOR ASSISTANCE.

    (a) Eligible Projects.--The following non-Federal projects may be 
carried out using assistance made available under this subtitle:
            (1) A project for the reclamation and reuse of municipal, 
        industrial, domestic, and agricultural wastewater, and 
        naturally impaired ground and surface waters, which--
                    (A) has a completed feasibility study that complies 
                with Reclamation standards; and
                    (B) the Secretary, acting through the Commissioner 
                of Reclamation, is authorized to undertake.
            (2) Any water infrastructure project not specifically 
        authorized by law the Secretary determines would contribute to 
        a safe, adequate water supply for domestic, agricultural, 
        environmental, or municipal and industrial use.
            (3) A new water infrastructure facility project, including 
        a water conduit, pipeline, canal, pumping, power, and 
        associated facilities.
            (4) A project for accelerated repair and replacement of an 
        aging water distribution facility.
            (5) A brackish or sea water desalination project.
            (6) A combination of projects, each of which is eligible 
        under paragraphs (1) through (5), for which an eligible entity 
        or group of eligible entities submits a single application.
    (b) Activities Eligible for Assistance.--For purposes of this 
subtitle, an eligible activity with respect to an eligible project 
under subsection (a) includes the cost of--
            (1) development-phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, permitting, preliminary engineering and design work, 
        and other preconstruction activities;
            (2) construction, reconstruction, rehabilitation, and 
        replacement activities;
            (3) the acquisition of real property (including water 
        rights, land relating to the project, and improvements to 
        land), environmental mitigation, construction contingencies, 
        and acquisition of equipment;
            (4) capitalized interest necessary to meet market 
        requirements, reasonably required reserve funds, capital 
        issuance expenses, and other carrying costs during 
        construction; and
            (5) refinancing interim construction funding, existing 
        long-term project obligations, or a secured loan or loan 
        guarantee made under this subtitle.

SEC. 406. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.

    (a) Eligibility Requirements.--To be eligible to receive financial 
assistance under this subtitle, a project shall meet the following 
criteria, as determined by the Secretary:
            (1) Creditworthiness.--
                    (A) In general.--Subject to subparagraph (B), the 
                project shall be creditworthy, as determined by the 
                Secretary, who shall ensure that any financing for the 
                project has appropriate security features, such as a 
                rate covenant, to ensure repayment.
                    (B) Preliminary rating opinion letter.--The 
                Secretary shall require each applicant to provide a 
                preliminary rating opinion letter from at least 1 
                rating agency indicating that the senior obligations of 
                the project (which may be the Federal credit 
                instrument) have the potential to achieve an 
                investment-grade rating.
            (2) Eligible project costs.--The eligible project costs of 
        a project shall be reasonably anticipated to be not less than 
        $20,000,000.
            (3) Dedicated revenue sources.--The Federal credit 
        instrument for the project shall be repayable, in whole or in 
        part, from dedicated revenue sources that also secure the 
        project obligations.
            (4) Public sponsorship of private entities.--In the case of 
        a project carried out by an entity that is not a State or local 
        government or an agency or instrumentality of a State or local 
        government, the project shall be publicly sponsored.
    (b) Selection Criteria.--
            (1) Establishment.--The Secretary shall establish criteria 
        for the selection of projects that meet the eligibility 
        requirements of subsection (a), in accordance with paragraph 
        (2).
            (2) Criteria.--The selection criteria shall include the 
        following:
                    (A) The extent to which a project serves a region 
                with significant water resources challenges.
                    (B) The extent to which the project is nationally 
                or regionally significant.
                    (C) The extent to which assistance under this 
                section would foster innovative public-private 
                partnerships and attract private debt or equity 
                investment.
                    (D) The extent to which the project fosters--
                            (i) collaborative partnerships between 
                        cities, counties, water districts, and State 
                        and Federal agencies; and
                            (ii) innovative recycling programs that 
                        augment a combination of industrial, 
                        commercial, residential, and agricultural uses.
                    (E) The likelihood that assistance under this 
                section would enable the project to proceed at an 
                earlier date than the project would otherwise be able 
                to proceed.
                    (F) The amount of budget authority required to fund 
                the Federal credit instrument made available under this 
                subtitle.
                    (G) The extent to which the project helps maintain 
                or protect the environment.
            (3) Consistency of criteria.--Not later than 180 days after 
        the enactment of this Act, the Secretary shall issue 
        eligibility requirements under title IV of this Act for water 
        recycling projects that reclaim and reuse municipal, 
        industrial, domestic, or agricultural wastewater or impaired 
        ground or surface waters.
    (c) Receipt of Other Federal Funding.--Receipt of a Federal grant 
or contract or other Federal funding to support an eligible project 
shall not preclude the project from being eligible for assistance under 
this subtitle and shall not be counted towards any Federal cost-share 
requirements otherwise applicable to a project eligible for assistance 
under this subtitle.

SEC. 407. SECURED LOANS.

    (a) Agreements.--
            (1) In general.--Subject to paragraphs (2) through (4), the 
        Secretary may enter into agreements with 1 or more obligors to 
        make secured loans, the proceeds of which shall be used--
                    (A) to finance eligible project costs of any 
                project selected under section 406;
                    (B) to refinance interim construction financing of 
                eligible project costs of any project selected under 
                section 406; or
                    (C) to refinance long-term project obligations or 
                Federal credit instruments, if that refinancing 
                provides additional funding capacity for the 
                completion, enhancement, or expansion of any project 
                that--
                            (i) is selected under section 406; or
                            (ii) otherwise meets the requirements of 
                        section 406.
            (2) Limitation on refinancing of interim construction 
        financing.--A secured loan under paragraph (1) shall not be 
        used to refinance interim construction financing under 
        paragraph (1)(B) later than 1 year after the date of 
        substantial completion of the applicable project.
            (3) Risk assessment.--Before entering into an agreement 
        under this subsection for a secured loan, the Secretary, in 
        consultation with the Director of the Office of Management and 
        Budget and each rating agency providing a preliminary rating 
        opinion letter under section 406(a)(1)(B), shall determine an 
        appropriate capital reserve subsidy amount for the secured 
        loan, taking into account each such preliminary rating opinion 
        letter.
            (4) Investment-grade rating requirement.--The execution of 
        a secured loan under this section shall be contingent on 
        receipt by the senior obligations of the project of an 
        investment-grade rating.
    (b) Terms and Limitations.--
            (1) In general.--A secured loan provided for a project 
        under this section shall be subject to such terms and 
        conditions, and contain such covenants, representations, 
        warranties, and requirements (including requirements for 
        audits), as the Secretary determines to be appropriate.
            (2) Nonsubordination.--A secured loan under this section 
        shall not be subordinated to the claims of any holder of 
        project obligations in the event of bankruptcy, insolvency, or 
        liquidation of the obligor of the project.
            (3) Maximum amount.--The amount of a secured loan under 
        this section shall not exceed the lesser of--
                    (A) an amount equal to 49 percent of the reasonably 
                anticipated eligible project costs; and
                    (B) if the secured loan does not receive an 
                investment-grade rating, an amount equal to other 
                project obligations that have received an investment-
                grade rating.
            (4) Payment.--A secured loan under this section--
                    (A) shall be payable, in whole or in part, from 
                State or local taxes, user fees, or other dedicated 
                revenue sources that also secure the senior project 
                obligations of the relevant project;
                    (B) shall include a rate covenant, coverage 
                requirement, or similar security feature supporting the 
                project obligations; and
                    (C) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing project 
                obligations.
            (5) Interest rate.--The interest rate on a secured loan 
        under this section shall be not less than the yield on United 
        States Treasury securities of a similar maturity to the 
        maturity of the secured loan on the date of execution of the 
        loan agreement.
            (6) Maturity date.--The final maturity date of a secured 
        loan under this section shall be not later than 35 years after 
        the date of substantial completion of the relevant project.
            (7) Fees.--The Secretary may establish fees, in accordance 
        with section 408(b)(2) at a level sufficient to cover all or a 
        portion of the costs to the Federal Government of making a 
        secured loan under this section.
            (8) Non-federal share.--The proceeds of a secured loan 
        under this section may be used to pay any non-Federal share of 
        project costs required if the loan is repayable from non-
        Federal funds.
            (9) Maximum federal involvement.--The total amount of 
        Federal assistance provided for a project for which assistance 
        is provided under this subtitle from all sources (including 
        this subtitle) shall not exceed 80 percent of the total cost of 
        the project.
    (c) Repayment.--
            (1) Schedule.--The Secretary shall establish a repayment 
        schedule for each secured loan provided under this section, 
        based on the projected cash flow from project revenues and 
        other repayment sources.
            (2) Commencement.--Scheduled loan repayment of principal or 
        interest on a secured loan under this section shall commence 
        not later than 5 years after the date of substantial completion 
        of the project, with interest accruing during those 5 years and 
        during construction.
            (3) Deferred payments.--
                    (A) Authorization.--If, at any time after the date 
                of substantial completion of a project for which a 
                secured loan is provided under this section, the 
                project is unable to generate sufficient revenues to 
                pay the scheduled loan repayments of principal and 
                interest on the secured loan, the Secretary may allow 
                the obligor, subject to subparagraph (C), to add unpaid 
                principal and interest to the outstanding balance of 
                the secured loan.
                    (B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                            (i) continue to accrue interest in 
                        accordance with subsection (b)(5) until fully 
                        repaid; and
                            (ii) be scheduled to be amortized over the 
                        remaining term of the secured loan.
                    (C) Criteria.--
                            (i) In general.--Any payment deferral under 
                        subparagraph (A) shall be contingent on the 
                        project meeting such criteria as the Secretary 
                        may establish.
                            (ii) Repayment standards.--The criteria 
                        established under clause (i) shall include 
                        standards for reasonable assurance of 
                        repayment.
            (4) Prepayment.--
                    (A) Use of excess revenues.--Any excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and secured 
                loan and all deposit requirements under the terms of 
                any trust agreement, bond resolution, or similar 
                agreement securing project obligations may be applied 
                annually to prepay a secured loan under this section 
                without penalty.
                    (B) Use of proceeds of refinancing.--A secured loan 
                under this section may be prepaid at any time without 
                penalty from the proceeds of refinancing from non-
                Federal funding sources.
    (d) Sale of Secured Loans.--
            (1) In general.--Subject to paragraph (2), as soon as 
        practicable after the date of substantial completion of a 
        project and after providing a notice to the obligor, the 
        Secretary may sell to another entity or reoffer into the 
        capital markets a secured loan for a project under this 
        section, if the Secretary determines that the sale or 
        reoffering can be made on favorable terms.
            (2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Secretary may not change the original 
        terms and conditions of the secured loan without the written 
        consent of the obligor.
    (e) Loan Guarantees.--
            (1) In general.--The Secretary may provide a loan guarantee 
        to a lender in lieu of making a secured loan under this 
        section, if the Secretary determines that the budgetary cost of 
        the loan guarantee is substantially the same as that of a 
        secured loan.
            (2) Terms.--The terms of a loan guarantee provided under 
        this subsection shall be consistent with the terms established 
        in this section for a secured loan, except that the rate on the 
        guaranteed loan and any prepayment features shall be negotiated 
        between the obligor and the lender, with the consent of the 
        Secretary.

SEC. 408. PROGRAM ADMINISTRATION.

    (a) Requirement.--The Secretary shall establish a uniform system to 
service the Federal credit instruments made available under this 
subtitle.
    (b) Reclamation Loan Finance Capital Reserve Fund.--
            (1) Establishment.--
                    (A) In general.--There is established in the 
                Treasury of the United States a fund, to be known as 
                the ``Reclamation Loan Finance Capital Reserve Fund''.
                    (B) Deposits to fund.--The Secretary of the 
                Treasury shall deposit in the fund established by 
                subparagraph (A) an amount equal to the amount of 
                capital reserve fees collected under paragraph (2) for 
                each applicable fiscal year.
                    (C) Treatment.--The amounts deposited in the fund 
                under subparagraph (B) shall be credited as offsetting 
                collections.
            (2) Capital reserve fees.--
                    (A) In general.--To the extent required by 
                appropriations Acts, the Secretary may assess, collect, 
                and spend capital reserve fees at a level that is 
                sufficient to cover all or a portion of the costs to 
                the Federal Government of servicing the Federal credit 
                instruments provided under this subtitle, including all 
                or a portion of the outlays associated with the 
                provision of the Federal credit instruments under this 
                subtitle.
                    (B) Amount.--The capital reserve fees under this 
                paragraph shall be established at amounts that will 
                result in the collection, during each fiscal year, of 
                an amount that can be reasonably expected to equal the 
                outlays associated with the provision of the Federal 
                credit instruments under this subtitle.
    (c) Servicer.--
            (1) In general.--The Secretary may appoint a financial 
        entity to assist the Secretary in servicing the Federal credit 
        instruments provided under this subtitle.
            (2) Duties.--A servicer appointed under paragraph (1) shall 
        act as the agent for the Secretary.
            (3) Fee.--A servicer appointed under paragraph (1) shall 
        receive a servicing fee, subject to approval by the Secretary.

SEC. 409. STATE AND LOCAL PERMITS.

    (a) Establishment.--
            (1) Assumption of responsibility.--
                    (A) In general.--Subject to this section, the 
                Secretary and the State may enter into a written 
                agreement, which may be in the form of a memorandum of 
                understanding, under which the Secretary may designate 
                the State as lead agency for purposes of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
                    (B) Procedural and substantive requirements.--If 
                designated as the lead agency under subparagraph (A), 
                the State shall assume responsibility under this 
                section, subject to the same procedural and substantive 
                requirements that would apply if that responsibility 
                were carried out by the Secretary.
            (2) Preservation of federal responsibility and authority.--
                    (A) Federal responsibility.--Any responsibility of 
                the Secretary not explicitly assumed by the State by 
                written agreement under this section shall remain the 
                responsibility of the Secretary.
                    (B) No effect on authority.--Nothing in this 
                section preempts or interferes with any power, 
                jurisdiction, responsibility, or authority of an 
                agency, other than the Department of the Interior, 
                under applicable law (including regulations) with 
                respect to a project.
            (3) Preservation of flexibility.--The Secretary may not 
        require a State, as a condition of participation and assuming 
        lead agency status in the program, to forego project delivery 
        methods that are otherwise permissible for projects.
    (b) State Participation.--
            (1) Participating states.--The Secretary shall permit the 
        State, and not more than 4 additional States, to participate in 
        the program under this section, subject to the limitations 
        described in paragraph (4).
            (2) Application.--Not later than 270 days after the date of 
        enactment of this Act, the Secretary shall amend, as 
        appropriate, regulations that establish requirements relating 
        to information required to be contained in an application of a 
        State to participate in the program and to assume lead agency 
        status, including, at a minimum--
                    (A) the projects or classes of projects for which 
                the State anticipates exercising the authority that may 
                be granted under the program;
                    (B) verification of the financial, regulatory, and 
                enforcement resources necessary to carry out the 
                authority that may be granted under the program; and
                    (C) evidence of the notice and solicitation of 
                public comment by the State relating to participation 
                of the State in the program, including copies of 
                comments received from that solicitation.
            (3) Public notice.--
                    (A) In general.--The State that submits an 
                application under this subsection shall give notice of 
                the intent of the State to participate in the program 
                not later than 30 days before the date of submission of 
                the application.
                    (B) Method of notice and solicitation.--The State 
                shall provide notice and solicit public comment under 
                this paragraph by publishing the complete application 
                of the State in accordance with the appropriate public 
                notice State law.
            (4) Selection criteria.--The Secretary may approve the 
        application of a State under this section only if--
                    (A) the regulatory requirements of paragraph (2) 
                have been met;
                    (B) the Secretary determines that the State has the 
                capability, including financial, regulatory, 
                enforcement, and personnel, to assume the 
                responsibility of a lead agency for the project; and
                    (C) the head of the State agency with primary 
                jurisdiction over water infrastructure matters enters 
                into a written agreement with the Secretary described 
                in subsection (c).
    (c) Written Agreement.--A written agreement under this section 
shall--
            (1) be executed by the Governor or the top ranking water 
        infrastructure official in the State who is charged with 
        responsibility for water infrastructure construction;
            (2) be in such form as the Secretary may prescribe;
            (3) provide that the State--
                    (A) agrees to assume all or part of the 
                responsibilities of the Secretary described in 
                subsection (a), including all responsibilities as a 
                lead agency;
                    (B) expressly consents, on behalf of the State, to 
                accept the jurisdiction of the Federal courts for the 
                compliance, discharge, and enforcement of any 
                responsibility of the Secretary assumed by the State;
                    (C) certifies that State laws (including 
                regulations) are in effect that authorize the State to 
                take the actions necessary to carry out the 
                responsibilities being assumed; and
                    (D) agrees to maintain the financial resources 
                necessary to carry out the responsibilities being 
                assumed;
            (4) require the State to provide to the Secretary any 
        information that the Secretary considers necessary to ensure 
        that the State is adequately carrying out the responsibilities 
        assigned to the State;
            (5) have a term of not more than 5 years; and
            (6) be renewable.
    (d) Jurisdiction.--
            (1) In general.--The United States district courts shall 
        have exclusive jurisdiction over any civil action against a 
        State for failure to carry out any responsibility of the State 
        under this section.
            (2) Legal standards and requirements.--A civil action under 
        paragraph (1) shall be governed by the legal standards and 
        requirements that would apply in such a civil action against 
        the Secretary if the Secretary had taken the actions in 
        question.
            (3) Intervention.--The Secretary shall have the right to 
        intervene in any action described in paragraph (1).
    (e) Effect of Assumption of Responsibility.--A State that assumes 
responsibility under subsection (a)(2) shall be solely responsible and 
solely liable for carrying out, in lieu of the Secretary, the 
responsibilities assumed under subsection (a), until the program is 
terminated as provided in subsection (h).
    (f) Audits.--
            (1) In general.--To ensure compliance by a State with any 
        agreement of the State under subsection (c) (including 
        compliance by the State with all Federal laws for which 
        responsibility is assumed under subsection (a)(2)), for each 
        State participating in the program under this section, the 
        Secretary shall conduct--
                    (A) semiannual audits during each of the first 2 
                years of State participation; and
                    (B) annual audits during of the third and fourth 
                years of State participation.
            (2) Public availability and comment.--
                    (A) In general.--An audit conducted under paragraph 
                (1) shall be provided to the public for comment.
                    (B) Response.--Not later than 60 days after the 
                date on which the period for public comment ends, the 
                Secretary shall respond to public comments received 
                under subparagraph (A).
    (g) Monitoring.--After the fourth year of the participation of a 
State in the program, the Secretary shall monitor compliance by the 
State with the written agreement, including the provision by the State 
of financial resources to carry out the written agreement.
    (h) Termination.--
            (1) Termination by secretary.--The Secretary may terminate 
        the participation of any State in the program if--
                    (A) the Secretary determines that the State is not 
                adequately carrying out the responsibilities assigned 
                to the State;
                    (B) the Secretary provides to the State--
                            (i) notification of the determination of 
                        noncompliance; and
                            (ii) a period of at least 30 days during 
                        which to take such corrective action as the 
                        Secretary determines is necessary to comply 
                        with the applicable agreement; and
                    (C) the State, after the notification and period 
                provided under subparagraph (B), fails to take 
                satisfactory corrective action, as determined by 
                Secretary.
            (2) Termination by state.--The State may terminate the 
        participation of the State in the program at any time by 
        providing to the Secretary a notice by not later than the date 
        that is 90 days before the date of termination, and subject to 
        such terms and conditions as the Secretary may provide.
    (i) Limitations on Agreements.--Nothing in this section or 
program--
            (1) authorizes a State to assume any rulemaking authority 
        of the Secretary under any Federal law;
            (2) relieves any recipient of the assistance of any 
        obligation to obtain any other required State or local permit 
        or approval with respect to the project;
            (3) limits the right of any unit of State or local 
        government to approve or regulate any rate of return on private 
        equity invested in the project; or
            (4) otherwise supersedes any State or local law (including 
        any regulation) applicable to the construction or operation of 
        the project.

SEC. 410. REGULATIONS.

    The Secretary may promulgate such regulations as the Secretary 
determines to be appropriate to carry out this subtitle.

SEC. 411. FUNDING.

    (a) In General.--There is authorized to be appropriated to the 
Secretary to carry out this subtitle $200,000,000 through fiscal year 
2020, to remain available until expended.
    (b) Offset Required.--No funds made available under this section 
may be used to provide financial assistance under this subtitle unless 
sufficient funds have been appropriated to offset any decrease in 
Federal revenue resulting from the use by any unit of State or local 
government of proceeds of any obligation--
            (1) the interest on which is exempt from the tax imposed 
        under chapter 1 of the Internal Revenue Code of 1986; or
            (2) with respect to which credit is allowable under subpart 
        I or J of part IV of subchapter A of chapter 1 of that Code.
    (c) Administrative Costs.--Of the funds made available to carry out 
this subtitle, the Secretary may use for the administration of this 
subtitle not more than $2,200,000 for each of fiscal years 2016 through 
2020.

SEC. 412. DEAUTHORIZATION OF INACTIVE PROJECTS.

    (a) Purposes; Definitions.--
            (1) Purposes.--The purposes of this section are--
                    (A) to establish an efficient and transparent 
                process for deauthorizing projects and programs that 
                have failed to receive a minimum level of investment to 
                ensure active projects can move forward while reducing 
                the backlog of authorized projects;
                    (B) to create an expedited and definitive process 
                to deauthorize water resources development programs and 
                projects;
                    (C) to allow the continued authorization of water 
                resources development programs and projects that are 
                viable for construction; and
                    (D) to establish a process for identifying 
                authorized reclamation projects that are no longer--
                            (i) in the Federal interest; or
                            (ii) feasible.
            (2) Definitions.--In this section:
                    (A) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior.
                    (B) Water resources development program or 
                project.--The term ``water resources development 
                program or project'' includes any water and related 
                resource project or program of the Bureau of 
                Reclamation.
    (b) Comprehensive Reports.--
            (1) Minimum funding list.--Not later than 180 days after 
        the date of enactment of this Act, the Secretary shall submit 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives, and make available on a publicly accessible 
        Internet website in a manner that is downloadable, searchable, 
        and sortable, a list of--
                    (A) projects or separable elements of projects 
                authorized for construction for which funding has been 
                obligated during the current fiscal year or any of the 
                5 preceding fiscal years;
                    (B) the amount of funding obligated for each such 
                project or separable element per fiscal year;
                    (C) the current phase of each such project or 
                separable element; and
                    (D) the amount required to complete the current 
                phase of each such project or separable element.
            (2) Backlog report.--Together with the report under 
        paragraph (1), the Secretary shall submit to the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Natural Resources of the House of Representatives, and make 
        available on a publicly accessible Internet website in a manner 
        that is downloadable, searchable, and sortable, a list of--
                    (A) projects or separable elements that are 
                authorized for construction but have not been 
                completed;
                    (B) the date of authorization of the project or 
                separable element, including any subsequent 
                modifications to the original authorization;
                    (C) the original budget authority for the project 
                or separable element;
                    (D) a brief description of the project or separable 
                element;
                    (E) the estimated date of completion of the project 
                or separable element;
                    (F) the estimated cost of completion of the project 
                or separable element; and
                    (G) any amounts appropriated for the project or 
                separable element that remain unobligated.
    (c) Interim Deauthorization List.--
            (1) In general.--The Secretary shall develop an interim 
        deauthorization list that identifies each water resources 
        development program or project, or separable element of a 
        program or project, authorized for construction before March 
        30, 2009, for which--
                    (A) construction was not initiated before the date 
                of enactment of this Act; or
                    (B) construction was initiated before the date of 
                enactment of this Act, but for which no Federal or non-
                Federal funds were obligated for construction of the 
                program, project, or separable element of the program 
                or project during the current fiscal year or any of the 
                6 preceding fiscal years.
            (2) Public comment and consultation.--
                    (A) In general.--The Secretary shall solicit 
                comments from the public and the Governors of each 
                applicable State on the interim deauthorization list 
                developed under paragraph (1).
                    (B) Comment period.--The public comment period 
                shall be 90 days.
            (3) Submission to congress; publication.--Not later than 90 
        days after the date of submission of the list required by 
        subsection (b), the Secretary shall--
                    (A) submit the interim deauthorization list to the 
                Committee on Energy and Natural Resources of the Senate 
                and the Committee on Natural Resources of the House of 
                Representatives; and
                    (B) publish the interim deauthorization list in the 
                Federal Register.
    (d) Final Deauthorization List.--
            (1) In general.--The Secretary shall develop a final 
        deauthorization list of each water resources development 
        program or project, or separable element of a program or 
        project, described in subsection (c)(1) that is identified 
        pursuant to this subsection.
            (2) Identification of projects.--
                    (A) Criteria for inclusion.--
                            (i) In general.--The Secretary shall 
                        identify programs, projects, and separable 
                        elements of programs and projects for inclusion 
                        on the final deauthorization list that may no 
                        longer be viable for construction.
                            (ii) Factors to consider.--The Secretary 
                        may identify programs, projects, and separable 
                        elements of programs and projects for exclusion 
                        from the final deauthorization list if the 
                        Secretary determines, on a case-by-case basis, 
                        that a project or separable element of a 
                        project is critical for interests of the United 
                        States, based on the possible impact of the 
                        project or separable element of the project on 
                        public health and safety, the national economy, 
                        or the environment.
                            (iii) Consideration of public comments.--In 
                        making determinations under clauses (i) and 
                        (ii), the Secretary shall consider any comments 
                        received under subsection (c)(3).
                    (B) Appendix.--The Secretary shall include as part 
                of the final deauthorization list an appendix that--
                            (i) identifies each program, project, and 
                        separable element of a program or project on 
                        the interim deauthorization list developed 
                        under subsection (c) that is not included on 
                        the final deauthorization list; and
                            (ii) describes the reasons why the program, 
                        project, or separable element is not included.
            (3) Submission to congress; publication.--Not later than 
        120 days after the date on which the public comment period 
        under subsection (c)(3) expires, the Secretary shall--
                    (A) submit the final deauthorization list and the 
                appendix to the final deauthorization list to the 
                Committee on Energy and Natural Resources of the Senate 
                and the Committee on Natural Resources of the House of 
                Representatives; and
                    (B) publish the final deauthorization list and the 
                appendix to the final deauthorization list in the 
                Federal Register.
    (e) Deauthorization; Congressional Review.--
            (1) In general.--Subject to paragraph (2), after the date 
        that is 180 days after the date of submission of the final 
        deauthorization report under subsection (d), a program, 
        project, or separable element of a program or project 
        identified in the report is deauthorized, unless Congress 
        passes a joint resolution disapproving the final 
        deauthorization report prior to the end of that period.
            (2) Non-federal contributions.--A program, project, or 
        separable element of a program or project identified in the 
        final deauthorization report under subsection (d) shall not be 
        deauthorized under this subsection if, before the expiration of 
        the 180-day period referred to in paragraph (1), the non-
        Federal interest of the program, project, or separable element 
        of the project provides sufficient funds to complete the 
        program, project, or separable element of the project.
    (f) Treatment of Project Modifications.--For purposes of this 
section, if an authorized water resources development program, project, 
or separable element of the program or project has been modified by an 
Act of Congress, the date of authorization of the program, project, or 
separable element shall be deemed to be the date of the most recent 
modification.

   Subtitle B--Expansion of Water Storage, Integrated Regional Water 
                       Management, and WaterSMART

SEC. 421. WATER STORAGE, INTEGRATED REGIONAL WATER MANAGEMENT, 
              RECLAMATION, AND RECYCLING PROJECTS.

    (a) Findings.--Congress finds that--
            (1) the State is currently experiencing an historic drought 
        that has not been witnessed in over 100 years of recorded 
        history, and funding will allow the Bureau of Reclamation to 
        better respond to and mitigate the potential impacts of 
        extended drought and long-term sustainability challenges;
            (2) since WaterSMART was established in 2010, the program 
        has provided approximately $250,000,000 in competitively 
        awarded funding to non-Federal partners, including Indian 
        tribes, water districts, municipalities, and institutions of 
        higher education, which investments have conserved enough water 
        to meet the needs of more than 3,800,000 individuals, allowing 
        every acre-foot of water conserved to be made available for 
        other uses; and
            (3) activities funded under WaterSMART include those 
        critical to meeting the Priority Goal for Climate Change of the 
        Department of the Interior, which includes climate risk 
        assessment activities and related efforts that ensure 
        sustainable water supplies in the western United States.
    (b) Amendment.--Section 9504 of the Omnibus Public Land Management 
Act of 2009 (42 U.S.C. 10368) is amended--
            (1) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively;
            (2) by inserting after subsection (b) the following:
    ``(c) Water Storage, Integrated Regional Water Management, 
Reclamation, and Recycling Projects.--
            ``(1) In general.--The Secretary is authorized to enter 
        into cost shared financial assistance and other long-term 
        agreements with non-Federal participants in Reclamation States 
        (as defined in section 402 of the California Emergency Drought 
        Relief Act of 2015) and the States of Hawaii and Alaska to 
        advance the planning, design, and construction of non-Federal 
        permanent water storage and conveyance facilities, projects for 
        the reclamation and reuse of municipal, industrial, domestic 
        and agricultural wastewater, and naturally impaired ground and 
        surface waters, and other water management improvement projects 
        for which the Secretary is authorized under this subtitle to 
        assist an applicant in the planning, design, and construction.
            ``(2) Priority.--In providing financial assistance under 
        this section, the Secretary shall give priority to storage, 
        conveyance, and water management improvement projects that--
                    ``(A) ensure the efficient and beneficial use of 
                water or reuse of recycled water;
                    ``(B) use integrated and coordinated water 
                management on a watershed or regional scale;
                    ``(C) increase the availability of usable water 
                supplies in a watershed or region to benefit 
                individuals, the economy, and the environment and 
                include adaptive measures needed to address climate 
                change and future demands;
                    ``(D) where practicable, provide flood control or 
                recreation benefits and include the development of 
                incremental hydroelectric power generation;
                    ``(E) include partnerships that go beyond political 
                and institutional jurisdictions to support the 
                efficient use of the limited water resources of a 
                region and the United States; and
                    ``(F) generate environmental benefits, such as 
                benefits to fisheries, wildlife and habitat, water 
                quality, water-dependent ecological systems, and water 
                supply benefits to agricultural and urban water users.
            ``(3) Federal cost share.--The Federal share of the cost of 
        a project authorized under subsection (a) shall be--
                    ``(A) an amount equal to the lesser of--
                            ``(i) 25 percent of total costs; and
                            ``(ii) $20,000,000 (adjusted for 
                        inflation); and
                    ``(B) nonreimbursable.
            ``(4) In-kind contributions.--The non-Federal share of the 
        cost of a project authorized under subsection (a) may include 
        in-kind contributions to the planning, design, and construction 
        of a project.
            ``(5) Title; operation and maintenance costs.--The non-
        Federal entity entering into a financial assistance agreement 
        under this subsection shall hold title to any and all 
        facilities constructed under this section, and shall be solely 
        responsible for the costs of operating and maintaining such 
        facilities.''; and
            (3) in subsection (f) (as redesignated by paragraph (1)), 
        by striking ``$300,000,000'' and inserting ``$400,000,000''.

                Subtitle C--Water Recycling Eligibility

SEC. 431. NEW WATER RECYCLING AND REUSE PROJECTS.

    Section 1602 of the Reclamation Wastewater and Groundwater Study 
and Facilities Act (43 U.S.C. 390h) is amended by adding at the end the 
following:
    ``(e) Authorization of New Water Recycling and Reuse Projects.--
            ``(1) In general.--A non-Federal interest may submit to the 
        Secretary proposals for eligible projects in the form of 
        completed feasibility studies.
            ``(2) Eligible projects.--A project shall be considered 
        eligible for consideration under this subsection if the project 
        reclaims and reuses--
                    ``(A) municipal, industrial, domestic, or 
                agricultural wastewater; or
                    ``(B) impaired ground or surface waters.
            ``(3) Guidelines.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this subsection, the Secretary 
                shall issue water recycling project solicitation and 
                evaluation guidelines that include the criteria listed 
                in subsection (f)(2).
                    ``(B) Review.--Consistent with the priorities 
                described in section 301 of the California Emergency 
                Drought Relief Act of 2015, the Secretary shall review 
                each feasibility study received under paragraph (1) for 
                the purpose of determining whether the study, and the 
                process under which the study was developed, comply 
                with Federal laws and regulations applicable to 
                feasibility studies of water recycling and reuse 
                projects.
    ``(f) Competitive Grant Funding of Water Recycling and Reuse 
Projects.--
            ``(1) Establishment.--The Secretary shall establish a 
        competitive grant program under which the non-Federal project 
        sponsor of any project determined by the Secretary to be 
        feasible under subsection (e)(2) shall be eligible to apply for 
        funding for the planning, design, and construction of the 
        project.
            ``(2) Priority.--When funding projects under paragraph (1), 
        the Secretary shall give funding priority to projects that meet 
        1 or more of the criteria listed in paragraph (3) and are 
        located in an area that at any time in the 10-year period 
        before such funds are made available--
                    ``(A) has been identified by the United States 
                Drought Monitor as experiencing severe, extreme, or 
                exceptional drought; or
                    ``(B) was designated as a disaster area by a State.
            ``(3) Criteria.--The project criteria referred to in 
        paragraph (2) are as follows:
                    ``(A) Projects that are likely--
                            ``(i) to provide a more reliable water 
                        supply; and
                            ``(ii) to protect, restore, or enhance 
                        aquatic ecosystems including estuaries, 
                        groundwater basins, and rivers and streams and 
                        tributaries.
                    ``(B) Projects that are likely to increase water 
                management flexibility and reduce impacts on 
                environmental resources.
                    ``(C) Projects that are regional in scale or are 
                included in integrated regional water management plans.
                    ``(D) Projects that use integrated and coordinated 
                water management on a watershed or regional scale.
                    ``(E) Projects that provide multiple benefits, 
                including improved water supply reliability for urban 
                and agricultural water users, ecosystem benefits, such 
                as benefits to fisheries, wildlife and habitat, water 
                quality, groundwater management, and water quality 
                improvements.
                    ``(F) Projects for which a feasibility study has 
                been completed and any necessary environmental or 
                public reviews have been initiated.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $200,000,000 through fiscal year 2020.''.

 Subtitle D--Federal Support for State and Local Drought Solutions Fund

SEC. 441. ESTABLISHMENT.

    There is established in the Treasury of the United States a fund, 
to be known as the ``Federal Support for State and Local Drought 
Solutions Fund'' (referred to in this subtitle as the ``Fund''), 
consisting of--
            (1) such amounts as are deposited in the Fund under section 
        443; and
            (2) any interest earned on investment of amounts in the 
        Fund under section 445.

SEC. 442. ACCOUNTS.

    Within the Fund, there are established the following accounts:
            (1) The Federal Assistance to State and Local Storage 
        Project Account, for expenditure on projects with a maximum 25-
        percent Federal cost share authorized under section 301(c).
            (2) The Reclamation Infrastructure Finance and Innovation 
        Account, for expenditure on Federal loan guarantees authorized 
        under subtitle A.

SEC. 443. DEPOSITS TO FUND.

    (a) In General.--For each of fiscal years 2026 through 2050, the 
Secretary of the Treasury shall deposit in the Fund $150,000,000 of the 
revenues that would otherwise be deposited for the fiscal year in the 
reclamation fund established by the first section of the Act of June 
17, 1902 (32 Stat. 388, chapter 1093), of which--
            (1) $75,000,000 for each of those fiscal years shall be 
        deposited in the Federal Assistance to State and Local Storage 
        Project Account established by section 442(1);
            (2) $40,000,000 for each of those fiscal years shall be 
        used to fund projects pursuant to section 1602 of the 
        Reclamation Wastewater and Groundwater Study and Facilities Act 
        (43 U.S.C. 390h); and
            (3) $35,000,000 for each of the fiscal years shall be 
        deposited in the Reclamation Infrastructure Finance and 
        Innovation Account established by section 442(2).
    (b) Availability of Amounts.--Amounts deposited in the Fund under 
this subtitle shall--
            (1) be made available in accordance with this section, 
        without further appropriation; and
            (2) be in addition to amounts appropriated for such 
        purposes under any other provision of law.

SEC. 444. EXPENDITURES FROM FUND.

    (a) In General.--Subject to subsection (b), for each of fiscal 
years 2026 through 2050, the Secretary of the Interior may expend from 
the Fund, in accordance with this subtitle, not more than an amount 
equal to the sum of--
            (1) the amounts deposited in the Fund that year under 
        section 443; and
            (2) the amount of interest accrued in the Fund in each 
        account for the fiscal year in which the expenditures are made, 
        with the interest accrued in each account used only for 
        expenditures from that account.
    (b) Additional Expenditures.--
            (1) In general.--The Secretary may expend more in any 
        fiscal year than the amounts described in subsection (a) if the 
        additional amounts are available in the Fund as a result of a 
        failure of the Secretary to expend all of the amounts available 
        under subsection (a) in 1 or more prior fiscal years.
            (2) Retention in accounts.--Any additional amounts referred 
        to in paragraph (1) shall--
                    (A) be retained within the account to which the 
                amounts were designated;
                    (B) accrue interest for the designated account in 
                accordance with this subtitle; and
                    (C) only be expended for the purposes for which 
                expenditures from the designated accounts are 
                authorized.

SEC. 445. INVESTMENTS OF AMOUNTS.

    (a) In General.--The Secretary shall invest such portion of the 
Fund as is not, in the judgment of the Secretary, required to meet 
current withdrawals.
    (b) Credits to Fund.--The interest on, and the proceeds from the 
sale or redemption of, any obligations held in the Fund shall be 
credited to, and form a part of, the Fund.

SEC. 446. TRANSFERS OF AMOUNTS.

    (a) In General.--The amounts required to be transferred to the Fund 
under this subtitle shall be transferred at least monthly from the 
general fund of the Treasury to the Fund on the basis of estimates made 
by the Secretary of the Treasury.
    (b) Adjustments.--Proper adjustment shall be made in amounts 
subsequently transferred to the extent prior estimates are in excess of 
or less than the amounts required to be transferred.

SEC. 447. TERMINATION.

    On September 30, 2050--
            (1) the Fund shall terminate; and
            (2) the unexpended and unobligated balance of the Fund 
        shall be transferred to the reclamation fund established by the 
        first section of the Act of June 17, 1902 (32 Stat. 388, 
        chapter 1093).
                                 <all>
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