II 

117TH CONGRESS 

1ST SESSION S. 2286 

To authorize the Secretary of the Interior to use designated funding to 

pay for construction of authorized rural water projects, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2021 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To authorize the Secretary of the Interior to use designated 

funding to pay for construction of authorized rural water 

projects, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Western Water, Jobs, and Infrastructure Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—RECLAMATION RURAL WATER PROJECT CONSTRUCTION 

FUND 


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Sec. 101. Definitions. 

Sec. 102. Establishment. 

Sec. 103. Deposits to Fund. 

Sec. 104. Expenditures from Fund. 

Sec. 105. Investments of amounts. 

TITLE II—INDIAN WATER RIGHTS SETTLEMENT COMPLETION 

FUND 

Sec. 201. Indian Water Rights Settlement Completion Fund. 

TITLE III—MILK RIVER PROJECT 

Sec. 301. Definitions. 

Sec. 302. Milk River Project rehabilitation projects. 

1 TITLE I—RECLAMATION RURAL 

2 WATER PROJECT CONSTRUC3 TION FUND 

4 SEC. 101. DEFINITIONS. 

5 In this title: 

6 (1) AUTHORIZED RURAL WATER PROJECT.— 

7 The term ‘‘authorized rural water project’’ means a 

8 project— 

9 (A) that is designed to provide domestic, 

10 industrial, municipal, or residential water to a 

11 small community or group of small commu12 nities, including Indian Tribes and Tribal orga13 nizations; and 

14 (B)(i) that is authorized to be carried out 

15 by the Secretary on or before the date of enact16 ment of this Act; or 

17 (ii) for which an Act of Congress after the 

18 date of enactment of this Act has authorized 

19 the construction of the project. 


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1 (2) FUND.—The term ‘‘Fund’’ means the Rec2 lamation Rural Water Project Construction Fund es3 tablished by section 102. 

4 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

5 has the meaning given the term in section 4 of the 

6 Indian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 5304). 

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

9 the Secretary of the Interior, acting through the 

10 Commissioner of Reclamation. 

11 SEC. 102. ESTABLISHMENT. 

12 There is established in the Treasury of the United 

13 States a fund, to be known as the ‘‘Reclamation Rural 

14 Water Project Construction Fund’’, consisting of— 

15 (1) such amounts as are deposited in the Fund 

16 under section 103; and 

17 (2) any interest earned on investment of 

18 amounts in the Fund under section 105. 

19 SEC. 103. DEPOSITS TO FUND. 

20 (a) IN GENERAL.—There is appropriated to the 

21 Fund, out of money in the Treasury not otherwise appro22 priated, $200,000,000 for each of fiscal years 2022 

23 through 2026, to remain available until September 30, 

24 2036. 


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1 (b) AVAILABILITY OF AMOUNTS.—Amounts depos2 ited in the Fund under subsection (a) shall— 

3 (1) be made available in accordance with this 

4 title, without further appropriation; and 

5 (2) supplements, and not supplant, amounts ap6 propriated for authorized rural water projects under 

7 any other provision of law. 

8 SEC. 104. EXPENDITURES FROM FUND. 

9 (a) IN GENERAL.—Subject to subsection (b), for each 

10 of fiscal years 2022 through 2026, the Secretary may use 

11 not less than $200,000,000 of amounts available in the 

12 Fund to complete construction of authorized rural water 

13 projects. 

14 (b) RESTRICTIONS.— 

15 (1) NO OPERATION AND MAINTENANCE

16 COSTS.—The Secretary shall not use any amounts 

17 from the Fund to pay for operation and mainte18 nance costs of an authorized rural water project au19 thorized under subsection (a). 

20 (2) CONDITIONS.—The Secretary shall not ex21 pend any amounts from the Fund to carry out this 

22 section until the date on which the Secretary devel23 ops— 

24 (A) programmatic goals to carry out this 

25 section that— 


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1 (i) would enable the completion of 

2 construction of the authorized rural water 

3 projects as expeditiously as practicable; 

4 and 

5 (ii) reflect— 

6 (I) the goals and priorities identi7 fied in the laws authorizing the au8 thorized rural water projects; and 

9 (II) the goals of the Reclamation 

10 Rural Water Supply Act of 2006 (43 

11 U.S.C. 2401 et seq.); and 

12 (B) funding prioritization criteria to serve 

13 as a methodology for distributing funds under 

14 this section that take into account— 

15 (i) an evaluation of the urgent and 

16 compelling need for potable water supplies 

17 in the affected rural and Tribal commu18 nities; 

19 (ii) the status of the current stages of 

20 completion of the authorized rural water 

21 project; 

22 (iii) the financial needs of the affected 

23 rural and Tribal communities; 

24 (iv) the potential economic benefits of 

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1 eral economic development in the affected 

2 rural and Tribal communities; 

3 (v) the ability of the authorized rural 

4 water project to address regional- and wa5 tershed-level water supply needs; 

6 (vi) the ability of the authorized rural 

7 water project— 

8 (I) to minimize water and energy 

9 consumption; and 

10 (II) to encourage the develop11 ment of renewable energy resources, 

12 such as wind, solar, and hydropower 

13 elements; 

14 (vii) the need for the authorized rural 

15 water project to address— 

16 (I) the needs of Indian Tribes 

17 and members of Indian Tribes; and 

18 (II) other community needs or 

19 interests; and 

20 (viii) such other factors as the Sec21 retary determines to be appropriate to 

22 prioritize the use of available funds. 


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1 SEC. 105. INVESTMENTS OF AMOUNTS. 

2 (a) IN GENERAL.—The Secretary shall invest such 

3 portion of the Fund as is not, in the judgment of the Sec4 retary, required to meet current withdrawals. 

5 (b) CREDITS TO FUND.—The interest on, and the 

6 proceeds from the sale or redemption of, any obligations 

7 held in the Fund shall be credited to, and form a part 

8 of, the Fund. 

9 TITLE II—INDIAN WATER 

10 RIGHTS SETTLEMENT COM11 PLETION FUND 

12 SEC. 201. INDIAN WATER RIGHTS SETTLEMENT COMPLE13 TION FUND. 

14 (a) ESTABLISHMENT.—There is established in the 

15 Treasury of the United States a fund to be known as the 

16 ‘‘Indian Water Rights Settlement Completion Fund’’ (re17 ferred to in this section as the ‘‘Fund’’). 

18 (b) DEPOSITS.— 

19 (1) IN GENERAL.—The Fund shall consist of 

20 such amounts as are appropriated to the Fund 

21 under paragraph (2). 

22 (2) MANDATORY FUNDING.—On October 1, 

23 2021, and on each October 1 thereafter through Oc24 tober 1, 2025, out of any funds in the Treasury not 

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1 ury shall deposit in the Fund $400,000,000, to re2 main available until September 30, 2036. 

3 (c) USES.—Amounts deposited in the Fund under 

4 subsection (b) shall be used by the Secretary of the Inte5 rior to implement any Indian water rights settlement 

6 agreement approved by Congress, including any Indian 

7 water rights settlement agreement approved by Congress 

8 after the date of enactment of this Act, that resolves, in 

9 whole or in part, litigation involving the United States, 

10 if the settlement agreement or implementing legislation re11 quires the Bureau of Reclamation or the Bureau of Indian 

12 Affairs to provide financial assistance for, or plan, design, 

13 and construct— 

14 (1) water supply infrastructure; or 

15 (2) a project— 

16 (A) to rehabilitate a water delivery system 

17 to conserve water; or 

18 (B) to restore fish and wildlife habitat or 

19 otherwise improve environmental conditions as20 sociated with or affected by, or located within 

21 the same river basin as, a Federal reclamation 

22 project that is in existence on the date of enact23 ment of this Act. 


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1 TITLE III—MILK RIVER PROJECT 

2 SEC. 301. DEFINITIONS. 

3 In this title: 

4 (1) MILK RIVER PROJECT.— 

5 (A) IN GENERAL.—The term ‘‘Milk River 

6 Project’’ means the Bureau of Reclamation 

7 project conditionally approved by the Secretary 

8 on March 14, 1903, pursuant to the Act of 

9 June 17, 1902 (32 Stat. 388, chapter 1093), 

10 commencing at Lake Sherburne Reservoir and 

11 providing water to a point approximately 6 

12 miles east of Nashua, Montana. 

13 (B) INCLUSIONS.—The term ‘‘Milk River 

14 Project’’ includes the St. Mary Unit. 

15 (2) ST. MARY UNIT.— 

16 (A) IN GENERAL.—The term ‘‘St. Mary 

17 Unit’’ means the St. Mary Storage Unit of the 

18 Milk River Project authorized by Congress on 

19 March 25, 1905. 

20 (B) INCLUSIONS.—The term ‘‘St. Mary 

21 Unit’’ includes— 

22 (i) Sherburne Dam and Reservoir; 

23 (ii) Swift Current Creek Dike; 

24 (iii) Lower St. Mary Lake; 


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1 (iv) St. Mary Canal Diversion Dam; 

2 and 

3 (v) St. Mary Canal and appur4 tenances. 

5 (3) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior, acting through the 

7 Commissioner of Reclamation. 

8 SEC. 302. MILK RIVER PROJECT REHABILITATION 

9 PROJECTS. 

10 (a) AUTHORIZATION OF REHABILITATION

11 PROJECTS.—The Secretary shall use amounts made avail12 able under subsection (d) to carry out projects to rehabili13 tate the Milk River Project, including projects— 

14 (1) to rehabilitate or replace aging or damaged 

15 infrastructure; 

16 (2) to improve the efficiency of the Milk River 

17 Project; 

18 (3) to protect fish and wildlife; and 

19 (4) to protect municipal, agricultural, and Trib20 al water supplies. 

21 (b) FEDERAL SHARE.—Notwithstanding any other 

22 provision of law and subject to subsection (c), the Federal 

23 share of the cost of a project carried out under subsection 

24 (a) shall be 100 percent. 


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1 (c) VOLUNTARILY CONTRIBUTIONS.—Notwith2 standing subsection (b), a non-Federal partner may volun3 tarily contribute to the costs of a project carried out under 

4 this section. 

5 (d) FUNDING.—In addition to amounts otherwise 

6 made available, there is appropriated to the Secretary to 

7 carry out this section, out of any amounts in the Treasury 

8 not otherwise appropriated, $200,000,000 for fiscal year 

9 2022, to remain available until expended. 

Æ 


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