II 

116TH CONGRESS 

1ST SESSION S. 1932 

To support water infrastructure in Reclamation States, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 20, 2019 

Mr. GARDNER (for himself, Mrs. FEINSTEIN, Ms. MCSALLY, and Ms. SINEMA) 

introduced the following bill; which was read twice and referred to the 

Committee on Energy and Natural Resources 

A BILL 

To support water infrastructure in Reclamation States, 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. 

4 This Act may be cited as the ‘‘Drought Resiliency 

5 and Water Supply Infrastructure Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) DESIGN; STUDY.—The terms ‘‘design’’ and 

9 ‘‘study’’ include any design, permitting, materials 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1932 IS

1 engineering or testing, surveying, or preconstruction 

2 activity relating to a water storage facility. 

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

4 the Secretary of the Interior. 

5 SEC. 3. SURFACE AND GROUNDWATER STORAGE AND SUP6 PORTING PROJECTS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) APPROPRIATE COMMITTEES OF CON9 GRESS.—The term ‘‘appropriate committees of Con10 gress’’ means— 

11 (A) the Committee on Appropriations of 

12 the Senate; 

13 (B) the Committee on Energy and Natural 

14 Resources of the Senate; 

15 (C) the Committee on Appropriations of 

16 the House of Representatives; and 

17 (D) the Committee on Natural Resources 

18 of the House of Representatives. 

19 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti20 ty’’ means— 

21 (A) any State, political subdivision of a 

22 State, department of a State, or public agency 

23 organized pursuant to State law; 

24 (B) an Indian tribe (as defined in section 

25 4 of the Indian Self-Determination and EduVerDate Sep 11 2014 04:04 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1932.IS S1932

kjohnson on DSK79L0C42 with BILLS
3 

•S 1932 IS

1 cation Assistance Act (25 U.S.C. 5304)) or an 

2 entity controlled by an Indian tribe; 

3 (C) a water users’ association; 

4 (D) an agency established by an interstate 

5 compact; and 

6 (E) an agency established under State law 

7 for the joint exercise of powers. 

8 (3) FEDERALLY OWNED STORAGE PROJECT.— 

9 The term ‘‘federally owned storage project’’ means 

10 any project in a Reclamation State— 

11 (A) that involves the construction, expan12 sion, upgrade, or capital repair of— 

13 (i) a surface water storage facility; or 

14 (ii) a facility conveying water to or 

15 from a surface or groundwater storage fa16 cility; 

17 (B) to which the United States holds title; 

18 and 

19 (C) that was authorized to be constructed, 

20 operated, and maintained pursuant to— 

21 (i) the reclamation laws; or 

22 (ii) the Act of August 11, 1939 (com23 monly known as the ‘‘Water Conservation 

24 and Utilization Act’’) (16 U.S.C. 590y et 

25 seq.). 


kjohnson on DSK79L0C42 with BILLS
4 

•S 1932 IS

1 (4) NON-FEDERAL STORAGE PROJECT.—The 

2 term ‘‘non-Federal storage project’’ means any 

3 project in a Reclamation State that— 

4 (A) involves the construction, expansion, 

5 upgrade, or capital repair by an eligible entity 

6 of— 

7 (i) a surface or groundwater storage 

8 facility that is not federally owned; or 

9 (ii) a facility that is not federally 

10 owned conveying water to or from a sur11 face or groundwater storage facility; and 

12 (B) provides a benefit in meeting any obli13 gation under applicable Federal law (including 

14 regulations). 

15 (5) RECLAMATION LAWS.—The term ‘‘reclama16 tion laws’’ means Federal reclamation law (the Act 

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

18 Acts supplemental to and amendatory of that Act. 

19 (6) RECLAMATION STATE.—The term ‘‘Rec20 lamation State’’ has the meaning given the term in 

21 section 4014 of the Water Infrastructure Improve22 ments for the Nation Act (43 U.S.C. 390b note; 

23 Public Law 114–322). 


kjohnson on DSK79L0C42 with BILLS
5 

•S 1932 IS

1 (b) GRANT PROGRAM.—The Secretary may provide 

2 a grant under this section to an eligible entity to carry 

3 out, within a Reclamation State— 

4 (1) a federally owned storage project in accord5 ance with subsection (c); or 

6 (2) a non-Federal storage project in accordance 

7 with subsection (d). 

8 (c) FEDERALLY OWNED STORAGE PROJECTS.— 

9 (1) AGREEMENTS.—On request of an eligible 

10 entity, the Secretary may negotiate and enter into 

11 an agreement on behalf of the United States for the 

12 design, study, construction, expansion, upgrade, or 

13 capital repair of a federally owned storage project lo14 cated in a Reclamation State in accordance with this 

15 subsection. 

16 (2) FEDERAL SHARE.—Subject to the require17 ments of this subsection, the Secretary may partici18 pate in a federally owned storage project in an 

19 amount equal to not more than 50 percent of the 

20 total cost of the federally owned storage project. 

21 (3) CONDITIONS FOR FEDERAL CONSTRUCTION

22 FUNDING.—The construction of a federally owned 

23 storage project that is the subject of an agreement 

24 under this subsection shall not commence until the 

25 Secretary— 


kjohnson on DSK79L0C42 with BILLS
6 

•S 1932 IS

1 (A) determines that the proposed federally 

2 owned storage project is feasible in accordance 

3 with the reclamation laws; 

4 (B) determines that— 

5 (i) the federally owned storage project 

6 provides a Federal benefit in accordance 

7 with the reclamation laws; and 

8 (ii) not less than a proportionate 

9 share of the benefits of the federally owned 

10 storage project are Federal benefits, in11 cluding water supplies dedicated to specific 

12 purposes, such as water quality improve13 ments or fish and wildlife protection and 

14 restoration, including a wildlife refuge; and 

15 (C) secures an agreement providing such 

16 upfront funding as is necessary to pay the non17 Federal share of the capital costs of the feder18 ally owned storage project. 

19 (4) NOTIFICATION.—The Secretary shall sub20 mit to the appropriate committees of Congress a 

21 written notification of the determinations under 

22 paragraph (3) by not later than 30 days after the 

23 date of the determinations. 

24 (5) ENVIRONMENTAL LAWS.—In participating 

25 in a federally owned storage project under this subVerDate Sep 11 2014 04:04 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1932.IS S1932

kjohnson on DSK79L0C42 with BILLS
7 

•S 1932 IS

1 section, the Secretary shall comply with all applica2 ble environmental laws, including the National Envi3 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

4 seq.). 

5 (6) EXPANSION OR UPGRADE.—The Secretary 

6 shall require, as a condition for design, study, or any 

7 other participation in the expansion or upgrade of a 

8 federally owned storage project— 

9 (A) the agreement of any single entity that 

10 has an existing water service contract or repay11 ment contract for more than 60 percent of the 

12 capacity or yield of the federally owned storage 

13 project that the expansion will not adversely af14 fect any right or interest of the entity under the 

15 water service contract or repayment contract, 

16 as applicable; and 

17 (B) the agreement of the non-Federal enti18 ty that, pursuant to a formal operations and 

19 maintenance transfer contract or other legal 

20 agreement with the Secretary, acting through 

21 the Commissioner of Reclamation, carries out 

22 the operations and maintenance of the federally 

23 owned storage project, if applicable. 

24 (d) NON-FEDERAL STORAGE PROJECTS.— 


kjohnson on DSK79L0C42 with BILLS
8 

•S 1932 IS

1 (1) IN GENERAL.—Subject to the requirements 

2 of this subsection, the Secretary may participate in 

3 the design, study, construction, expansion, upgrade, 

4 or capital repair of a non-Federal storage project in 

5 an amount equal to not more than 25 percent of the 

6 total cost of the non-Federal storage project. 

7 (2) CONDITIONS FOR FEDERAL DESIGN AND

8 STUDY FUNDING.—The Secretary shall only fund a 

9 design or study activity for a non-Federal storage 

10 project under this subsection if— 

11 (A) Federal participation has been re12 quested by the Governor of the State in which 

13 the non-Federal storage project is located; and 

14 (B) the Secretary has identified the poten15 tial for Federal benefit sufficient to proceed. 

16 (3) CONDITIONS FOR FEDERAL CONSTRUCTION

17 FUNDING.—Participation by the Secretary in the 

18 construction of a non-Federal storage project under 

19 this subsection shall not occur unless— 

20 (A) the Governor of the State in which the 

21 non-Federal storage project is located has re22 quested Federal participation at the time con23 struction was initiated; and 

24 (B) the applicable non-Federal sponsor de25 termines, and the Secretary concurs, that— 


kjohnson on DSK79L0C42 with BILLS
9 

•S 1932 IS

1 (i) the non-Federal storage project is 

2 technically and financially feasible; 

3 (ii) the non-Federal storage project 

4 provides a Federal benefit in accordance 

5 with the reclamation laws; 

6 (iii) not less than a proportionate 

7 share of the benefits of the non-Federal 

8 storage project are Federal benefits, in9 cluding water supplies dedicated to specific 

10 purposes, such as water quality improve11 ments or fish and wildlife protection and 

12 restoration, including a wildlife refuge; and 

13 (iv) each sponsor of the non-Federal 

14 project is financially capable of funding the 

15 non-Federal share of the project costs. 

16 (4) NOTIFICATION.—The Secretary shall sub17 mit to the appropriate committees of Congress a 

18 written notification of the determinations under 

19 paragraphs (2) and (3) by not later than 30 days 

20 after the date of the determinations. 

21 (5) ENVIRONMENTAL LAWS.—In participating 

22 in a non-Federal storage project under this sub23 section, the Secretary shall comply with all applica24 ble environmental laws, including the National EnviVerDate Sep 11 2014 04:04 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1932.IS S1932

kjohnson on DSK79L0C42 with BILLS
10 

•S 1932 IS

1 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

2 seq.). 

3 (6) INFORMATION.— 

4 (A) IN GENERAL.—In participating in a 

5 non-Federal storage project under this sub6 section, the Secretary— 

7 (i) shall— 

8 (I) generally, rely on reports pre9 pared by the sponsor of the non-Fed10 eral storage project, including feasi11 bility or equivalent studies, environ12 mental analyses, and other pertinent 

13 reports and analyses; but 

14 (II) retain responsibility for mak15 ing the independent determinations 

16 described in paragraphs (2) and (3); 

17 and 

18 (ii) may prepare studies supple19 mentary to the studies described in clause 

20 (i)(I), on— 

21 (I) request of the sponsor of the 

22 non-Federal storage project; and 

23 (II) agreement by the Secretary. 

24 (B) GUIDELINES.— 


kjohnson on DSK79L0C42 with BILLS
11 

•S 1932 IS

1 (i) DRAFT.—Not later than 180 days 

2 after the date of enactment of this Act, the 

3 Secretary shall issue draft guidelines for 

4 feasibility or equivalent studies for non5 Federal storage projects prepared by a 

6 project sponsor that shall be consistent 

7 with requirements for a title XVI Feasi8 bility Study Report, including the economic 

9 analysis, contained in the Reclamation 

10 Manual Directives and Standards num11 bered WTR 11–01, subject to— 

12 (I) any additional requirements 

13 necessary to provide sufficient infor14 mation for making the independent 

15 determinations described in para16 graphs (2)(B) and (3); and 

17 (II) the condition that the Bu18 reau of Reclamation shall not bear re19 sponsibility for the technical adequacy 

20 of any design, cost estimate, or con21 struction relating to a non-Federal 

22 storage project. 

23 (ii) FINAL.—The Secretary shall final24 ize the guidelines under clause (i) by not 


kjohnson on DSK79L0C42 with BILLS
12 

•S 1932 IS

1 later than 1 year after the date of enact2 ment of this Act. 

3 (e) RIGHTS TO USE CAPACITY.—Subject to compli4 ance with applicable Reclamation State water rights laws, 

5 the right to use the capacity of a federally owned storage 

6 project or non-Federal storage project with respect to 

7 which the Secretary has entered into an agreement under 

8 this subsection shall be allocated in such manner as may 

9 be mutually agreed to by the Secretary and each other 

10 party to the agreement, including any party described in 

11 subsection (c)(6)(B). 

12 (f) FEDERAL BENEFITS.—In making a determina13 tion relating to a Federal benefit under this section, the 

14 Secretary may include any benefit realized from the exist15 ence of operational flexibility to optimize the achievement 

16 of an authorized project purpose (whether reimbursable or 

17 nonreimbursable), taking into consideration the hydrology 

18 of a given water year, including through the coordinated 

19 management of Federal and non-Federal facilities. 

20 (g) FUNDING.— 

21 (1) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to the Sec23 retary to carry out this section $670,000,000 for the 

24 period of fiscal years 2020 through 2024. 


kjohnson on DSK79L0C42 with BILLS
13 

•S 1932 IS

1 (2) CONGRESSIONAL APPROVAL INITIALLY RE2 QUIRED.— 

3 (A) DESIGN AND STUDY FUNDING.—Each 

4 initial award under this section for design and 

5 study of a federally owned storage project or a 

6 non-Federal storage project shall be approved 

7 in an appropriations Act. 

8 (B) CONSTRUCTION FUNDING.—Each ini9 tial award under this section for construction of 

10 a federally owned storage project or a non-Fed11 eral storage project shall be approved in an ap12 propriations Act. 

13 (C) RECLAMATION RECOMMENDATIONS.— 

14 (i) IN GENERAL.—Subject to clause 

15 (ii), the Commissioner of Reclamation shall 

16 submit to the appropriate committees of 

17 Congress recommendations regarding the 

18 initial award of design and study funding, 

19 and of construction funding, for each fed20 erally owned storage project and non-Fed21 eral storage project subject to consider22 ation under subparagraphs (A) and (B). 

23 (ii) REQUIREMENT.—The Commis24 sioner of Reclamation shall confer with the 

25 appropriate committees of Congress before 


kjohnson on DSK79L0C42 with BILLS
14 

•S 1932 IS

1 submitting the recommendations under 

2 clause (i). 

3 (3) SUBSEQUENT FUNDING AWARDS.— 

4 (A) DESIGN AND STUDY FUNDING.—After 

5 approval by Congress of an initial award of de6 sign and study funding for a federally owned 

7 storage project or a non-Federal storage project 

8 under paragraph (2), the Secretary may award 

9 additional design and study funding for the fed10 erally owned storage project or non-Federal 

11 storage project without further congressional 

12 approval. 

13 (B) CONSTRUCTION FUNDING.—After ap14 proval by Congress of an initial award of con15 struction funding for a federally owned storage 

16 project or a non-Federal storage project under 

17 paragraph (2), the Secretary may award addi18 tional construction funding for the federally 

19 owned storage project or non-Federal storage 

20 project without further congressional approval. 

21 (4) PRELIMINARY STUDIES.—Of the amounts 

22 made available under paragraph (1), not more than 

23 25 percent shall be provided for appraisal studies, 

24 feasibility studies, or other preliminary studies. 

25 (5) WIIN ACT STORAGE FUNDING.— 


kjohnson on DSK79L0C42 with BILLS
15 

•S 1932 IS

1 (A) APPROPRIATIONS.—Each federally 

2 owned storage project and non-Federal storage 

3 project shall be eligible to receive any amounts 

4 made available pursuant to section 4007(h) of 

5 the Water Infrastructure Improvements for the 

6 Nation Act (43 U.S.C. 390b note; Public Law 

7 114–322) (as in effect on the day before the 

8 date of enactment of this Act), in accordance 

9 with paragraphs (2) and (3). 

10 (B) INDIVIDUAL PROJECTS.— 

11 (i) FEDERALLY OWNED STORAGE

12 PROJECTS.—If the Secretary determines 

13 that a federally owned storage project is el14 igible for funding under section 4007(b) of 

15 the Water Infrastructure Improvements for 

16 the Nation Act (43 U.S.C. 390b note; Pub17 lic Law 114–322), the federally owned 

18 storage project shall remain eligible for 

19 funding under subsection (c). 

20 (ii) NON-FEDERAL STORAGE

21 PROJECTS.—If the Secretary determines 

22 that a non-Federal storage project is eligi23 ble for funding as a State-led storage 

24 project under section 4007(c) the Water 

25 Infrastructure Improvements for the NaVerDate Sep 11 2014 04:04 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1932.IS S1932

kjohnson on DSK79L0C42 with BILLS
16 

•S 1932 IS

1 tion Act (43 U.S.C. 390b note; Public Law 

2 114–322), the non-Federal storage project 

3 shall remain eligible for funding under sub4 section (d). 

5 (h) CONSISTENCY WITH STATE LAW.—Nothing in 

6 this section preempts or modifies any obligation of the 

7 United States or an eligible entity to act in accordance 

8 with applicable State law. 

9 (i) PARTNERSHIP AND AGREEMENTS RELATING TO

10 CERTAIN WATER STORAGE PROJECTS.—The Secretary, 

11 acting through the Commissioner of Reclamation, may 

12 enter into a partnership or other agreement relating to 

13 a water storage project described in section 103 of the 

14 Calfed Bay-Delta Authorization Act (Public Law 108– 

15 361; 118 Stat. 1683) with a local joint-powers authority 

16 established pursuant to State law by 1 or more irrigation 

17 districts or other local water districts or units of local gov18 ernment within the applicable hydrologic region, to ad19 vance the project. 

20 (j) CALFED REAUTHORIZATION.—Title I of Public 

21 Law 108–361 (118 Stat. 1681; 123 Stat. 2860; 128 Stat. 

22 164; 128 Stat. 2312; 129 Stat. 2407; 130 Stat. 1866) 

23 is amended by striking ‘‘2019’’ each place it appears and 

24 inserting ‘‘2024’’. 


kjohnson on DSK79L0C42 with BILLS
17 

•S 1932 IS

1 (k) CONFORMING AMENDMENT.—Section 4007 of the 

2 Water Infrastructure Improvements for the Nation Act 

3 (43 U.S.C. 390b note; Public Law 114–322) is repealed. 

4 SEC. 4. WATER RECYCLING AND REUSE. 

5 (a) AUTHORIZATION OF NEW WATER RECYCLING

6 AND REUSE PROJECTS.—Section 1602 of the Reclamation 

7 Wastewater and Groundwater Study and Facilities Act 

8 (43 U.S.C. 390h) is amended by striking paragraph (2) 

9 of subsection (f) and all that follows through the end of 

10 subsection (g) and inserting the following: 

11 ‘‘(2) PRIORITIES AND DIVERSITY OF PROJECT

12 TYPES.—In providing grants under paragraph (1), 

13 the Secretary shall— 

14 ‘‘(A) give priority to projects that— 

15 ‘‘(i) are likely to provide a more-reli16 able water supply for a unit of State or 

17 local government; 

18 ‘‘(ii) are likely to increase the water 

19 management flexibility and reduce impacts 

20 on environmental resources; or 

21 ‘‘(iii) provide multiple benefits, includ22 ing water supply reliability, ecosystem ben23 efits, groundwater management and en24 hancements, and water quality improve25 ments; and 


kjohnson on DSK79L0C42 with BILLS
18 

•S 1932 IS

1 ‘‘(B) take into consideration selecting a di2 versity of project types, including projects that 

3 serve— 

4 ‘‘(i) a region or more than 1 commu5 nity; 

6 ‘‘(ii) a rural or small community; or 

7 ‘‘(iii) an urban community or city. 

8 ‘‘(g) FUNDING.— 

9 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to the Sec11 retary to carry out subsections (e) and (f) 

12 $100,000,000 for the period of fiscal years 2020 

13 through 2024. 

14 ‘‘(2) FUNDING OPPORTUNITY ANNOUNCE15 MENT.—The Commissioner of Reclamation shall re16 lease a funding opportunity announcement for the 

17 competitive grant program under subsection (f) by 

18 not later than 75 days after the date of enactment 

19 of an Act that provides funding for the program. 

20 ‘‘(3) CONGRESSIONAL APPROVAL INITIALLY RE21 QUIRED.— 

22 ‘‘(A) IN GENERAL.—Each initial award 

23 under this section for design and study, or for 

24 construction, of a project under subsection (e) 


kjohnson on DSK79L0C42 with BILLS
19 

•S 1932 IS

1 or (f) shall be approved in an appropriations 

2 Act. 

3 ‘‘(B) RECLAMATION RECOMMENDA4 TIONS.—The Commissioner of Reclamation 

5 shall submit recommendations regarding the 

6 initial award of design and study funding and 

7 construction funding for consideration under 

8 subparagraph (A) to— 

9 ‘‘(i) the Committee on Appropriations 

10 of the Senate; 

11 ‘‘(ii) the Committee on Energy and 

12 Natural Resources of the Senate; 

13 ‘‘(iii) the Committee on Appropria14 tions of the House of Representatives; and 

15 ‘‘(iv) the Committee on Natural Re16 sources of the House of Representatives. 

17 ‘‘(4) SUBSEQUENT FUNDING AWARDS.—After 

18 approval by Congress of an initial award of design 

19 and study funding or construction funding for a 

20 project under paragraph (3), the Commissioner of 

21 Reclamation may award additional design and study 

22 funding or construction funding, respectively, for the 

23 project without further congressional approval.’’. 


kjohnson on DSK79L0C42 with BILLS
20 

•S 1932 IS

1 (b) LIMITATION ON FUNDING.—Section 1631(d) of 

2 the Reclamation Wastewater and Groundwater Study and 

3 Facilities Act (43 U.S.C. 390h–13(d)) is amended— 

4 (1) in paragraph (1)— 

5 (A) by striking ‘‘by paragraph (2)’’ and in6 serting ‘‘in paragraphs (2) and (3)’’; and 

7 (B) striking ‘‘$20,000,000 (October 1996 

8 prices)’’ and inserting ‘‘$30,000,000 (in prices 

9 as determined for January 2019)’’; and 

10 (2) in paragraph (2)— 

11 (A) in subparagraph (B)— 

12 (i) by striking ‘‘(B) In the case’’ and 

13 inserting the following: 

14 ‘‘(B) SAN GABRIEL BASIN.—In the case’’; 

15 and 

16 (ii) by indenting clauses (i) and (ii) 

17 appropriately; and 

18 (B) by striking ‘‘(2)(A) Subject to’’ and in19 serting the following: 

20 ‘‘(2) PROJECTS FUNDED AS OF 2020.—The Fed21 eral share of the cost of any single project author22 ized under this title shall be $20,000,000 if the 

23 project has received that amount as of December 31, 

24 2020. 

25 ‘‘(3) OLDER PROJECTS.— 


kjohnson on DSK79L0C42 with BILLS
21 

•S 1932 IS

1 ‘‘(A) IN GENERAL.—Subject to’’. 

2 SEC. 5. DESALINATION. 

3 Section 4(a) of the Water Desalination Act of 1996 

4 (42 U.S.C. 10301 note; Public Law 104–298) is amended 

5 by striking the second paragraph (1) (relating to projects) 

6 and inserting the following: 

7 ‘‘(2) PROJECTS.— 

8 ‘‘(A) DEFINITION OF ELIGIBLE DESALINA9 TION PROJECT.—In this paragraph, the term 

10 ‘eligible desalination project’ means any project 

11 located in a Reclamation State, or for which the 

12 construction, operation, sponsorship, or funding 

13 is the responsibility of, and the primary water 

14 supply benefit accrues to, 1 or more entities in 

15 a Reclamation State, that— 

16 ‘‘(i) involves an ocean or brackish 

17 water desalination facility— 

18 ‘‘(I) constructed, operated, and 

19 maintained by a State, Indian Tribe, 

20 irrigation district, water district, or 

21 other organization with water or 

22 power delivery authority; or 

23 ‘‘(II) sponsored or funded by any 

24 State, department of a State, political 

25 subdivision of a State, or public agenVerDate Sep 11 2014 04:04 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1932.IS S1932

kjohnson on DSK79L0C42 with BILLS
22 

•S 1932 IS

1 cy organized pursuant to State law, 

2 including through— 

3 ‘‘(aa) direct sponsorship or 

4 funding; or 

5 ‘‘(bb) indirect sponsorship or 

6 funding, such as by paying for 

7 the water provided by the facility; 

8 and 

9 ‘‘(ii) provides a Federal benefit in ac10 cordance with the reclamation laws. 

11 ‘‘(B) FEDERAL SHARE.—Subject to the re12 quirements of this paragraph, the Secretary 

13 may participate in an eligible desalination 

14 project in an amount equal to not more than 25 

15 percent of the total cost of the eligible desalina16 tion project. 

17 ‘‘(C) STATE ROLE.—Participation by the 

18 Secretary in an eligible desalination project 

19 under this paragraph shall not occur unless— 

20 ‘‘(i)(I) the eligible desalination project 

21 is included in a State-approved plan; or 

22 ‘‘(II) the participation has been re23 quested by the Governor of the State in 

24 which the eligible desalination project is lo25 cated; and 


kjohnson on DSK79L0C42 with BILLS
23 

•S 1932 IS

1 ‘‘(ii) the State or local sponsor of the 

2 eligible desalination project determines, 

3 and the Secretary concurs, that— 

4 ‘‘(I) the eligible desalination 

5 project— 

6 ‘‘(aa) is technically and fi7 nancially feasible; and 

8 ‘‘(bb) provides a Federal 

9 benefit in accordance with the 

10 reclamation laws; and 

11 ‘‘(II) the non-Federal project 

12 sponsor is financially capable of fund13 ing the non-Federal share of the 

14 project costs; and 

15 ‘‘(iii) the Secretary submits to Con16 gress a written notification of the deter17 minations under clause (ii) by not later 

18 than 30 days after the date of the deter19 minations. 

20 ‘‘(D) ENVIRONMENTAL LAWS.—In partici21 pating in an eligible desalination project under 

22 this paragraph, the Secretary shall comply with 

23 all applicable environmental laws, including the 

24 National Environmental Policy Act of 1969 (42 

25 U.S.C. 4321 et seq.). 


kjohnson on DSK79L0C42 with BILLS
24 

•S 1932 IS

1 ‘‘(E) INFORMATION.—In participating in 

2 an eligible desalination project under this sub3 section, the Secretary— 

4 ‘‘(i) may rely on reports prepared by 

5 the sponsor of the eligible desalination 

6 project, including feasibility or equivalent 

7 studies, environmental analyses, and other 

8 pertinent reports and analyses; but 

9 ‘‘(ii) shall retain responsibility for 

10 making the independent determinations de11 scribed in subparagraph (C). 

12 ‘‘(F) FUNDING.— 

13 ‘‘(i) AUTHORIZATION OF APPROPRIA14 TIONS.—There is authorized to be appro15 priated to carry out this paragraph 

16 $60,000,000 for the period of fiscal years 

17 2020 through 2024. 

18 ‘‘(ii) FUNDING OPPORTUNITY AN19 NOUNCEMENT.—The Commissioner of Rec20 lamation shall release a funding oppor21 tunity announcement for a grant program 

22 under this paragraph by not later than 75 

23 days after the date of enactment of an Act 

24 that provides funding for the program. 


kjohnson on DSK79L0C42 with BILLS
25 

•S 1932 IS

1 ‘‘(iii) CONGRESSIONAL APPROVAL INI2 TIALLY REQUIRED.— 

3 ‘‘(I) IN GENERAL.—Each initial 

4 award under this paragraph for de5 sign and study, or for construction, of 

6 an eligible desalination project shall 

7 be approved in an appropriations Act. 

8 ‘‘(II) RECLAMATION REC9 OMMENDATIONS.—The Commissioner 

10 of Reclamation shall submit rec11 ommendations regarding the initial 

12 award of design and study funding 

13 and construction funding for consider14 ation under subclause (I) to— 

15 ‘‘(aa) the Committee on Ap16 propriations of the Senate; 

17 ‘‘(bb) the Committee on En18 ergy and Natural Resources of 

19 the Senate; 

20 ‘‘(cc) the Committee on Ap21 propriations of the House of Rep22 resentatives; and 

23 ‘‘(dd) the Committee on 

24 Natural Resources of the House 

25 of Representatives. 


kjohnson on DSK79L0C42 with BILLS
26 

•S 1932 IS

1 ‘‘(iv) SUBSEQUENT FUNDING

2 AWARDS.—After approval by Congress of 

3 an initial award of design and study fund4 ing or construction funding for an eligible 

5 desalination project under clause (iii), the 

6 Commissioner of Reclamation may award 

7 additional design and study funding or 

8 construction funding, respectively, for the 

9 eligible desalination project without further 

10 congressional approval.’’. 

11 SEC. 6. RECLAMATION INFRASTRUCTURE FINANCE AND IN12 NOVATION PILOT PROGRAM. 

13 (a) ESTABLISHMENT.—The Secretary shall establish 

14 and carry out a pilot program under which the Secretary 

15 shall provide to eligible entities described in subsection (c) 

16 financial assistance in accordance with this section to 

17 carry out eligible projects described in subsection (b). 

18 (b) ELIGIBLE PROJECTS.— 

19 (1) IN GENERAL.—A project eligible to receive 

20 assistance under the pilot program under this sec21 tion is a water supply project that, as determined by 

22 the Secretary— 

23 (A) is located in— 

24 (i) the State of Alaska; 

25 (ii) the State of Hawaii; or 


kjohnson on DSK79L0C42 with BILLS
27 

•S 1932 IS

1 (iii) a State or territory described in 

2 the first section of the Act of June 17, 

3 1902 (32 Stat. 388, chapter 1093; 43 

4 U.S.C. 391); 

5 (B) would contribute directly or indirectly 

6 (including through groundwater recharge) to a 

7 safe, adequate water supply for domestic, agri8 cultural, environmental, or municipal or indus9 trial use; and 

10 (C) is otherwise eligible for assistance 

11 under this section. 

12 (2) PROJECTS ASSOCIATED WITH BUREAU OF

13 RECLAMATION FACILITIES.—A project that supports 

14 an improvement to, or is associated with, a Bureau 

15 of Reclamation facility shall be eligible to receive as16 sistance under the pilot program under this section 

17 if— 

18 (A) the project meets the criteria described 

19 in paragraph (1); 

20 (B) the eligible entity carrying out the 

21 project demonstrates to the satisfaction of the 

22 Secretary that the eligible entity is initiating 

23 and implementing the project for non-Federal 

24 purposes; 


kjohnson on DSK79L0C42 with BILLS
28 

•S 1932 IS

1 (C) the eligible entity retains or secures, 

2 through a long-term Federal property lease, op3 eration and maintenance transfer agreement 

4 that provides for self-funding, or easement 

5 agreement with the Secretary, substantial con6 trol over the assets, operation, management, 

7 and maintenance of the project; and 

8 (D) the project meets such other criteria 

9 as the Secretary may establish. 

10 (3) SMALL COMMUNITY PROJECTS.—For 

11 projects eligible for assistance under this section and 

12 section 5028(a)(2)(B) of the Water Resources Re13 form and Development Act of 2014 (33 U.S.C. 

14 3907(a)(2)(B)), the Secretary may assist applicants 

15 in combining 1 or more projects into a single appli16 cation in order to meet the minimum project cost of 

17 $5,000,000 required under that section. 

18 (c) ELIGIBLE ENTITIES.—The following entities are 

19 eligible to receive assistance under this section: 

20 (1) An entity described in section 5025 of the 

21 Water Resources Reform and Development Act of 

22 2014 (33 U.S.C. 3904). 

23 (2) A conservancy district, Reclamation district, 

24 irrigation district, or water district. 

25 (3) A canal company or mutual water company. 


kjohnson on DSK79L0C42 with BILLS
29 

•S 1932 IS

1 (4) A water users’ association. 

2 (5) An agency established by an interstate com3 pact. 

4 (6) An agency established under State law for 

5 the joint exercise of powers. 

6 (7) Any other individual or entity that has the 

7 capacity to contract with the United States under 

8 the reclamation laws. 

9 (d) REQUIREMENTS.— 

10 (1) PROJECT SELECTION.—In selecting eligible 

11 projects to receive assistance under the pilot pro12 gram under this section, the Secretary shall ensure 

13 diversity with respect to— 

14 (A) project type; and 

15 (B) geographical location within the States 

16 referred to in subsection (b)(1)(A). 

17 (2) IMPORTATION OF OTHER REQUIREMENTS.— 

18 The following provisions of law shall apply to the 

19 pilot program under this section: 

20 (A) Sections 5022, 5024, 5027, 5028, 

21 5029, 5030, 5031, 5032, and 5034(a) of the 

22 Water Resources Reform and Development Act 

23 of 2014 (33 U.S.C. 3901, 3903, 3906, 3907, 

24 3908, 3909, 3910, 3911, 3913(a)), except 

25 that— 


kjohnson on DSK79L0C42 with BILLS
30 

•S 1932 IS

1 (i) any reference contained in those 

2 sections to the Secretary of the Army shall 

3 be considered to be a reference to the Sec4 retary; 

5 (ii) any reference contained in those 

6 sections to an eligible project shall be con7 sidered to be a reference to an eligible 

8 project described in subsection (b); 

9 (iii) paragraphs (1)(E) and (6)(B) of 

10 subsection (a), and subsection (b)(3), of 

11 section 5028 of that Act (33 U.S.C. 3907) 

12 shall not apply with respect to this section; 

13 and 

14 (iv) subsections (e) and (f) of section 

15 5030 of that Act (33 U.S.C. 3909) shall 

16 not apply with respect to this section. 

17 (B) The agreement between the Adminis18 trator of the Environmental Protection Agency 

19 and the Commissioner of Reclamation required 

20 under section 4301 of the America’s Water In21 frastructure Act of 2018 (Public Law 115– 

22 270), pursuant to which the Administrator shall 

23 retain responsibility for administering any loans 

24 under this section. 


kjohnson on DSK79L0C42 with BILLS
31 

•S 1932 IS

1 (C) Other applicable environmental laws, 

2 including the National Environmental Policy 

3 Act of 1969 (42 U.S.C. 4321 et seq.). 

4 (e) AUTHORIZATION OF APPROPRIATIONS.— 

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

6 appropriated to the Secretary to carry out the pilot 

7 program under this section $150,000,000 for the pe8 riod of fiscal years 2021 through 2025, to remain 

9 available until expended. 

10 (2) ADMINISTRATIVE COSTS.—Of the funds 

11 made available pursuant to paragraph (1), the Sec12 retary may use for administrative costs of carrying 

13 out the pilot program under this section (including 

14 for the provision of technical assistance to project 

15 sponsors pursuant to paragraph (3), to obtain any 

16 necessary approval, and for transfer to the Adminis17 trator of the Environmental Protection Agency to 

18 provide assistance in administering and servicing 

19 Federal credit instruments under the pilot program) 

20 not more than $5,000,000 for each applicable fiscal 

21 year. 

22 (3) SMALL COMMUNITY PROJECTS.— 

23 (A) IN GENERAL.—Subject to subsection 

24 (b), the Commissioner may use the funds made 

25 available under paragraph (2) to provide assistVerDate Sep 11 2014 04:04 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1932.IS S1932

kjohnson on DSK79L0C42 with BILLS
32 

•S 1932 IS

1 ance, including assistance to pay the costs of 

2 acquiring the rating opinion letters under para3 graph (1)(D) of section 5028(a) of the Water 

4 Resources Reform and Development Act of 

5 2014 (33 U.S.C. 3907(a)), to assist project 

6 sponsors in obtaining the necessary approvals 

7 for small community projects that are eligible 

8 for assistance under paragraph (2)(B) of that 

9 section or subsection (b)(3). 

10 (B) LIMITATION.—Assistance provided to 

11 a project sponsor under subparagraph (A) may 

12 not exceed an amount equal to 75 percent of 

13 the total administrative costs incurred by the 

14 project sponsor in securing financial assistance 

15 under this section. 

16 SEC. 7. RESTORATION AND ENVIRONMENTAL COMPLIANCE. 

17 (a) IN GENERAL.—The Secretary may participate 

18 in— 

19 (1) environmental restoration activities benefit20 ting species— 

21 (A) listed as threatened or endangered 

22 under the Endangered Species Act of 1973 (16 

23 U.S.C. 1531 et seq.) that are adversely affected 

24 by the operation of water projects of the Bu25 reau of Reclamation; or 


kjohnson on DSK79L0C42 with BILLS
33 

•S 1932 IS

1 (B) through water delivery from a Rec2 lamation project to a wildlife refuge; 

3 (2) environmental compliance activities, includ4 ing stream gauging, monitoring, and other data col5 lection activities, to assist water projects of the Bu6 reau of Reclamation in— 

7 (A) achieving the purposes of the projects; 

8 and 

9 (B) fulfilling the duties of the Bureau 

10 under section 7 of the Endangered Species Act 

11 of 1973 (16 U.S.C. 1536); and 

12 (3) a forest, meadow, or watershed restoration 

13 activity on Federal land— 

14 (A) that has the potential— 

15 (i) to restore healthy forest or water16 shed conditions that improve the quality, 

17 timing, or other attributes of runoff to— 

18 (I) a Bureau of Reclamation fa19 cility or project; or 

20 (II) a surface or groundwater 

21 storage facility that is operated in 

22 conjunction with a Bureau of Rec23 lamation facility or project; 

24 (ii) to reduce the rate of sedimenta25 tion of a Bureau of Reclamation facility; or 


kjohnson on DSK79L0C42 with BILLS
34 

•S 1932 IS

1 (iii) to reduce the threat of wildfire 

2 that could affect runoff to, or sedimenta3 tion or structural integrity of, a Bureau of 

4 Reclamation facility; and 

5 (B) with respect to which— 

6 (i) the proportion that the amount of 

7 Federal funding under this section bears to 

8 the total cost of the project is approxi9 mately equal to, or less than, the propor10 tion that water-related benefits bears to 

11 the total benefits of the project, as cal12 culated by the Secretary using a method13 ology at the discretion of the Secretary; 

14 and 

15 (ii) Federal water contractors are like16 ly to receive at least part of the water sup17 ply or water quality benefits of the project. 

18 (b) PRIORITY.—In carrying out this section, the Sec19 retary shall give priority to restoration or environmental 

20 compliance activities that— 

21 (1) implement congressional direction, such as 

22 projects described in— 

23 (A) subsection (a)(3); 


kjohnson on DSK79L0C42 with BILLS
35 

•S 1932 IS

1 (B) section 4001 or 4010 of the Water In2 frastructure Improvements for the Nation Act 

3 (Public Law 114–322; 130 Stat. 1851); or 

4 (C) congressionally authorized species re5 covery programs on the Colorado River; 

6 (2) are recommended by collaborative processes 

7 or plans developed by Federal agencies in conjunc8 tion with States, water contractors, environmental or 

9 fishing interests, or other stakeholders; or 

10 (3) implement settlements with State agencies 

11 or requirements under State water laws to restore 

12 species listed as threatened or endangered under the 

13 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

14 seq.) or other species adversely affected by the oper15 ation of water projects of the Bureau of Reclama16 tion. 

17 (c) COST-SHARE.— 

18 (1) IN GENERAL.—The Federal share of the 

19 cost of any individual program, activity, or project 

20 carried out using funds made available pursuant to 

21 this section— 

22 (A) shall be not more than 50 percent; and 

23 (B) shall be nonreimbursable. 

24 (2) PROGRAM-LEVEL CALCULATION.—The Fed25 eral cost-share described in paragraph (1) shall be 


kjohnson on DSK79L0C42 with BILLS
36 

•S 1932 IS

1 calculated at the program level, at which a group of 

2 activities or projects are considered to be a part of 

3 a broader, cohesive program. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Secretary— 

6 (1) $20,000,000 to carry out subsection (a)(3) 

7 for the period of fiscal years 2020 and 2021; and 

8 (2) $120,000,000 to carry out this section for 

9 the period of fiscal years 2022 through 2024. 

10 (e) APPLICABLE LAW.—Nothing in this section shall 

11 be interpreted or implemented in a manner that— 

12 (1) preempts or modifies any obligation of the 

13 United States under Federal law to act in accord14 ance with applicable State law, including applicable 

15 State water law; or 

16 (2) affects or modifies any obligation under 

17 Federal environmental law. 

18 SEC. 8. DEAUTHORIZATION OF CERTAIN WATER RECY19 CLING PROJECTS. 

20 (a) PURPOSE; DEFINITION.— 

21 (1) PURPOSE.—The purpose of this section is 

22 to establish an efficient and transparent 1-time proc23 ess for deauthorizing Bureau of Reclamation title 

24 XVI projects that have failed— 


kjohnson on DSK79L0C42 with BILLS
37 

•S 1932 IS

1 (A) to receive a minimum level of Federal 

2 investment; or 

3 (B) to initiate construction. 

4 (2) DEFINITION OF TITLE XVI PROJECT.—In 

5 this section, the term ‘‘title XVI project’’ means a 

6 project authorized by title XVI of Public Law 102– 

7 575 (43 U.S.C. 390h et seq.). 

8 (b) BACKLOG LIST.—Not later than 180 days after 

9 the date of enactment of this Act, the Secretary shall sub10 mit to the Committee on Energy and Natural Resources 

11 of the Senate and the Committee on Natural Resources 

12 of the House of Representatives, and make available on 

13 a publicly accessible internet website in a manner that is 

14 downloadable, searchable, and sortable, a list of— 

15 (1) title XVI projects— 

16 (A) that are authorized; and 

17 (B) for which, during the fiscal year in 

18 which this Act is enacted and each of the pre19 ceding 10 fiscal years— 

20 (i) no application for Federal funding 

21 has been received; and 

22 (ii) no construction has occurred; and 

23 (2) for each title XVI project listed under para24 graph (1)— 


kjohnson on DSK79L0C42 with BILLS
38 

•S 1932 IS

1 (A) the date of authorization of the title 

2 XVI project, including any subsequent modi3 fications to the original authorization; 

4 (B) a brief description of the title XVI 

5 project; and 

6 (C) any amounts appropriated for the title 

7 XVI project that remain unobligated. 

8 (c) INTERIM DEAUTHORIZATION LIST.— 

9 (1) IN GENERAL.—The Secretary shall develop 

10 and make publicly available an interim deauthoriza11 tion list that identifies each title XVI project de12 scribed in subsection (b)(1). 

13 (2) PUBLIC COMMENT AND CONSULTATION.— 

14 (A) IN GENERAL.—The Secretary shall so15 licit and accept, for a period of not less than 90 

16 days, comments relating to the interim de17 authorization list under paragraph (1) from— 

18 (i) the public; and 

19 (ii) the Governor of each applicable 

20 State. 

21 (B) PROJECT SPONSORS.—As part of the 

22 public comment period under subparagraph (A), 

23 the Secretary shall provide to title XVI project 

24 sponsors the opportunity to provide to the Sec25 retary a notice of the intent to initiate construcVerDate Sep 11 2014 04:04 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1932.IS S1932

kjohnson on DSK79L0C42 with BILLS
39 

•S 1932 IS

1 tion of the title XVI project by not later than 

2 the date that is 2 years after the date of publi3 cation of the preliminary final deauthorization 

4 list under subsection (d). 

5 (3) SUBMISSION TO CONGRESS; PUBLICA6 TION.—Not later than 90 days after the date of sub7 mission of the backlog list under subsection (b), the 

8 Secretary shall— 

9 (A) submit the interim deauthorization list 

10 under paragraph (1) to the Committee on En11 ergy and Natural Resources of the Senate and 

12 the Committee on Natural Resources of the 

13 House of Representatives; and 

14 (B) publish the interim deauthorization list 

15 in the Federal Register. 

16 (d) PRELIMINARY FINAL DEAUTHORIZATION LIST.— 

17 (1) IN GENERAL.—The Secretary shall develop 

18 a preliminary final deauthorization list that includes 

19 each title XVI project identified pursuant to para20 graph (2). 

21 (2) IDENTIFICATION OF PROJECTS.— 

22 (A) EXCLUSIONS.—The Secretary may 

23 identify a title XVI project described in sub24 section (b)(1) for exclusion from the prelimi25 nary final deauthorization list if the Secretary 


kjohnson on DSK79L0C42 with BILLS
40 

•S 1932 IS

1 determines, on a case-by-case basis following re2 ceipt of public comments, that the title XVI 

3 project is critical for interests of the United 

4 States, based on the practicable impact of the 

5 title XVI project on— 

6 (i) public health and safety; 

7 (ii) the national economy; or 

8 (iii) the environment. 

9 (B) SUBJECT TO DEAUTHORIZATION DES10 IGNATION.—Any title XVI project the sponsor 

11 of which has provided to the Secretary a notice 

12 of the intent to initiate construction by not 

13 later than 2 years after the date of publication 

14 of the preliminary final deauthorization list 

15 under this subsection shall be designated on 

16 that list as ‘‘subject to deauthorization’’. 

17 (C) APPENDIX.—The Secretary shall in18 clude as part of the preliminary final deauthor19 ization list under this subsection an appendix 

20 that— 

21 (i) identifies each title XVI project in22 cluded on the interim deauthorization list 

23 under subsection (c) that is not included 

24 on the preliminary final deauthorization 

25 list; and 


kjohnson on DSK79L0C42 with BILLS
41 

•S 1932 IS

1 (ii) describes the reasons why each 

2 title XVI project identified under clause (i) 

3 is not included on the preliminary final de4 authorization list. 

5 (3) SUBMISSION TO CONGRESS; PUBLICA6 TION.—Not later than 120 days after the date of ex7 piration of the public comment period under sub8 section (c)(2)(A), the Secretary shall— 

9 (A) submit to the Committee on Energy 

10 and Natural Resources of the Senate and the 

11 Committee on Natural Resources of the House 

12 of Representatives the preliminary final de13 authorization list and the appendix required 

14 under this subsection; and 

15 (B) publish the preliminary final deauthor16 ization list and appendix in the Federal Reg17 ister. 

18 (e) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

19 Effective beginning on the date that is 180 days after the 

20 date of submission to Congress of the preliminary final 

21 deauthorization list under subsection (d)(3)(A), each title 

22 XVI project included on that list is deauthorized, unless— 

23 (1) the title XVI project is designated as ‘‘sub24 ject to deauthorization’’ pursuant to subsection 

25 (d)(2)(B); or 


kjohnson on DSK79L0C42 with BILLS
42 

•S 1932 IS

1 (2) Congress has enacted a joint resolution dis2 approving the preliminary final deauthorization list. 

3 (f) UPDATED FINAL DEAUTHORIZATION LIST.— 

4 (1) PUBLICATION.—Not later than the date 

5 that is 2 years after the date of publication of the 

6 preliminary final deauthorization list under sub7 section (d)(3)(B), the Secretary shall publish an up8 dated final deauthorization list. 

9 (2) PROJECTS SUBJECT TO DEAUTHORIZA10 TION.—On the updated final deauthorization list 

11 under this subsection, the Secretary shall describe 

12 any title XVI project designated as ‘‘subject to de13 authorization’’ on the preliminary final deauthoriza14 tion list pursuant to subsection (d)(2)(B) as— 

15 (A) authorized, if the Secretary has re16 ceived evidence that the sponsor of the title 

17 XVI project has substantially initiated construc18 tion on the title XVI project; or 

19 (B) deauthorized, if the Secretary has not 

20 received the evidence described in subparagraph 

21 (A). 

22 (3) DEAUTHORIZATION.—Any project described 

23 as deauthorized pursuant to paragraph (2)(B) shall 

24 be deauthorized on the date that is 180 days after 

25 the date of submission of the updated final deVerDate Sep 11 2014 04:04 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1932.IS S1932

kjohnson on DSK79L0C42 with BILLS
43 

•S 1932 IS

1 authorization list under paragraph (1), unless Con2 gress has enacted a joint resolution disapproving 

3 that list. 

4 (g) TREATMENT OF PROJECT MODIFICATIONS.—For 

5 purposes of this section, if a title XVI project has been 

6 modified by an Act of Congress, the date of authorization 

7 of the title XVI project shall be considered to be the date 

8 of the most recent modification. 

9 SEC. 9. OFFSETS. 

10 (a) DEFINITION OF WATER USERS’ ASSOCIATION.— 

11 In this section: 

12 (1) IN GENERAL.—The term ‘‘water users’ as13 sociation’’ means an entity that is— 

14 (A) organized and recognized under appli15 cable State law; and 

16 (B) eligible to enter into contracts with the 

17 Bureau of Reclamation— 

18 (i) to receive contract water for deliv19 ery to end users of the water; and 

20 (ii) to pay applicable charges relating 

21 to that water. 

22 (2) INCLUSIONS.—The term ‘‘water users’ asso23 ciation’’ includes— 

24 (A) an association; 

25 (B) a conservancy district; 


kjohnson on DSK79L0C42 with BILLS
44 

•S 1932 IS

1 (C) an irrigation district; 

2 (D) a municipality; 

3 (E) a water project contract unit; and 

4 (F) any similar entity described in para5 graph (1). 

6 (b) PREPAYMENT OF CERTAIN REPAYMENT CON7 TRACTS.— 

8 (1) CONVERSION AND PREPAYMENT.—On re9 ceipt of a request from a party to the contract, the 

10 Secretary shall convert any water service contract in 

11 effect on the date of enactment of this Act between 

12 the United States and a water users’ association to 

13 allow for prepayment of the contract pursuant to 

14 paragraph (2) under mutually agreeable terms and 

15 conditions, subject to the conditions that— 

16 (A) a water service contract entered into 

17 under subsection (e) of section 9 of the Act of 

18 August 4, 1939 (53 Stat. 1193, chapter 418), 

19 proposed to be converted under this subsection 

20 shall be converted to a repayment contract 

21 under subsection (d) of that section; and 

22 (B) a water service contract entered into 

23 under subsection (c)(2) of section 9 of the Act 

24 of August 4, 1939 (53 Stat. 1193, chapter 

25 418), proposed to be converted under this subVerDate Sep 11 2014 04:04 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1932.IS S1932

kjohnson on DSK79L0C42 with BILLS
45 

•S 1932 IS

1 section shall be converted to a contract under 

2 subsection (c)(1) of that section. 

3 (2) PREPAYMENT.—Except for a repayment 

4 contract under which the contractor has previously 

5 negotiated for prepayment, on request of a party to 

6 the contract, a repayment contract under section 

7 9(d) of the Act of August 4, 1939 (53 Stat. 1195, 

8 chapter 418), in effect on the date of enactment of 

9 this Act, and all contracts converted pursuant to 

10 paragraph (1)(A), shall— 

11 (A) provide for the repayment, in lump 

12 sum or by accelerated prepayment, of the re13 maining construction costs identified in water 

14 project-specific irrigation rate repayment sched15 ules, as adjusted to reflect payments not re16 flected in those schedules, and properly assign17 able for ultimate return by the contractor, or if 

18 made in approximately equal installments, not 

19 later than 3 years after the effective date of the 

20 repayment contract, subject to the conditions 

21 that— 

22 (i) the amount shall be discounted by 

1 23 ⁄2 the Treasury rate; and 

24 (ii) an estimate of the remaining con25 struction costs, as adjusted, shall be proVerDate Sep 11 2014 04:04 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1932.IS S1932

kjohnson on DSK79L0C42 with BILLS
46 

•S 1932 IS

1 vided by the Secretary to the contractor by 

2 not later than 90 days after the date of re3 ceipt of a request from the contractor; 

4 (B) require that construction costs or 

5 other capitalized costs incurred after the effec6 tive date of the contract or not reflected in the 

7 rate schedule referred to in subparagraph (A), 

8 and properly assignable to the contractor, shall 

9 be repaid— 

10 (i) by not later than 5 years after the 

11 date of notification of the allocation if the 

12 amount is a result of a collective annual al13 location of capital costs to the contractors 

14 exercising contract conversion under this 

15 subsection of less than $5,000,000; or 

16 (ii) if the amount is equal to 

17 $5,000,000 or more, in accordance with 

18 applicable reclamation laws; 

19 (C) provide that power revenues will not be 

20 available to aid in repayment of construction 

21 costs allocated to irrigation under the contract; 

22 and 

23 (D) continue in effect for the period during 

24 which the contractor pays applicable charges, in 

25 accordance with section 9(d) of the Act of AuVerDate Sep 11 2014 04:04 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1932.IS S1932

kjohnson on DSK79L0C42 with BILLS
47 

•S 1932 IS

1 gust 4, 1939 (53 Stat. 1195, chapter 418), and 

2 other applicable law. 

3 (3) COVERED CONTRACT REQUIREMENTS.— 

4 (A) DEFINITION OF COVERED CON5 TRACT.—In this paragraph: 

6 (i) IN GENERAL.—The term ‘‘covered 

7 contract’’ means— 

8 (I) on request of the contractor, 

9 a repayment contract under sub10 section (c)(1) of section 9 of the Act 

11 of August 4, 1939 (53 Stat. 1193, 

12 chapter 418), that is in effect on the 

13 date of enactment of this Act; and 

14 (II) a contract converted pursu15 ant to paragraph (1)(B). 

16 (ii) EXCLUSION.—The term ‘‘covered 

17 contract’’ does not include a repayment 

18 contract under which the contractor has 

19 previously negotiated for prepayment. 

20 (B) REQUIREMENTS.—Each covered con21 tract shall— 

22 (i) provide for the repayment, in lump 

23 sum, of the remaining construction costs 

24 identified in water project-specific irriga25 tion rate repayment schedules, as adjusted 


kjohnson on DSK79L0C42 with BILLS
48 

•S 1932 IS

1 to reflect payments not reflected in those 

2 schedules, and properly assignable for ulti3 mate return by the contractor, subject to 

4 the condition that the contractor shall sub5 mit to the Secretary an estimate of any re6 maining construction costs, as adjusted, by 

7 not later than 90 days after the date of 

8 submission of the initial request of the con9 tractor; 

10 (ii) require that construction costs or 

11 other capitalized costs incurred after the 

12 effective date of the contract or not re13 flected in the rate schedule referred to in 

14 clause (i), and properly assignable to the 

15 contractor, shall be repaid— 

16 (I) by not later than 5 years 

17 after the date of notification of the al18 location, if the amount is a result of 

19 a collective annual allocation of cap20 ital costs to the exercising contract 

21 conversion under this subsection of 

22 less than $5,000,000; or 

23 (II) in accordance with applicable 

24 reclamation laws, if the amount is 

25 $5,000,000 or more; and 


kjohnson on DSK79L0C42 with BILLS
49 

•S 1932 IS

1 (iii) continue in effect for the period 

2 during which the contractor pays applica3 ble charges, in accordance with section 

4 9(c)(1) of the Act of August 4, 1939 (53 

5 Stat. 1194, chapter 418), and other appli6 cable law. 

7 (4) CONDITIONS.—A contract entered into pur8 suant to paragraph (1), (2), or (3)— 

9 (A) shall not be adjusted on the basis of 

10 the type of prepayment financing used by the 

11 applicable water users’ association; 

12 (B) shall conform to any other agreements, 

13 such as applicable settlement agreements and 

14 newly constructed appurtenant facilities agree15 ments; and 

16 (C) shall not modify any other water serv17 ice, repayment, exchange, or transfer contrac18 tual right between the applicable water users’ 

19 association and the Bureau of Reclamation, or 

20 any right, obligation, or relationship of the 

21 water users’ association and any affected land22 owner in accordance with applicable State law. 

23 (c) ACCOUNTING.— 

24 (1) FINAL COST ALLOCATION.—Any amount 

25 paid pursuant to subsection (b) shall be subject to 


kjohnson on DSK79L0C42 with BILLS
50 

•S 1932 IS

1 adjustment after a final cost allocation by the Sec2 retary. 

3 (2) CONTRACTOR RESPONSIBILITY.— 

4 (A) IN GENERAL.—If a final cost alloca5 tion under paragraph (1) indicates that a cost 

6 properly assignable to a contractor covered by 

7 this section is greater than the amount paid by 

8 the contractor, the contractor shall be obligated 

9 to pay the remaining allocated costs in accord10 ance with an additional repayment contract 

11 under subparagraph (B). 

12 (B) ADDITIONAL REPAYMENT CON13 TRACTS.—Subject to any other provision mutu14 ally agreed to by all affected parties, the term 

15 of an additional repayment contract under sub16 paragraph (A) shall be— 

17 (i) not less than 1 year; and 

18 (ii) not more than 10 years. 

19 (3) CREDIT.—If a final cost allocation under 

20 paragraph (1) indicates that a cost properly assign21 able to a contractor are less than the amount paid 

22 by the contractor, the Secretary shall credit the 

23 amount of the overpayment as an offset against any 

24 outstanding or future obligation of the contractor, 

25 with the exception of any Central Valley Project 


kjohnson on DSK79L0C42 with BILLS
51 

•S 1932 IS

1 Restoration Fund charge assessed pursuant to sec2 tion 3407(d) of Public Law 102–575 (106 Stat. 

3 4727). 

4 (d) APPLICABILITY OF CERTAIN PROVISIONS.— 

5 (1) EFFECT OF EXISTING LAW.—On compliance 

6 by a contract or with, and discharge of, an obliga7 tion of repayment of construction costs pursuant to 

8 a contract under subsection (b)(2)(A), subsections 

9 (a) and (b) of section 213 of the Reclamation Re10 form Act of 1982 (43 U.S.C. 390mm) shall apply to 

11 any affected land. 

12 (2) EFFECT OF OTHER OBLIGATIONS.—On pay13 ment by a contractor of any amount required under 

14 a repayment contract under subsection (b)(2)(A), 

15 the obligation of a contractor to repay construction 

16 costs or other capitalized costs described in sub17 section (b)(2)(B), (b)(3)(B), or (c) shall not affect— 

18 (A) the status of the contractor as having 

19 repaid all construction costs assignable to the 

20 contractor; or 

21 (B) the applicability of subsections (a) and 

22 (b) of section 213 of the Reclamation Reform 

23 Act of 1982 (43 U.S.C. 390mm). 

24 (e) EFFECT ON EXISTING LAW.—Nothing in this sec25 tion alters— 


kjohnson on DSK79L0C42 with BILLS
52 

•S 1932 IS

1 (1) any repayment obligation of a water service 

2 or repayment contractor receiving water from the 

3 same water project, or shifts any cost that would 

4 otherwise have been properly assignable to— 

5 (A) a water users’ association identified in 

6 paragraph (1), (2), or (3) of subsection (b), in7 cluding— 

8 (i) operation and maintenance costs; 

9 (ii) construction costs; or 

10 (iii) any other capitalized cost in11 curred after the date of enactment of this 

12 Act; or 

13 (B) another contractor; 

14 (2) any specific requirement for the disposition 

15 of amounts received as repayment by the Secretary 

16 under Federal reclamation law (the Act of June 17, 

17 1902 (32 Stat. 388, chapter 1093), and Acts supple18 mental to and amendatory of that Act (43 U.S.C. 

19 371 et seq.)); 

20 (3) the priority of a water service or repayment 

21 contractor to receive water; or 

22 (4) except as expressly provided in this section, 

23 any obligation under the reclamation laws, including 

24 the continuation of any Central Valley Project Res25 toration Fund charge assessed pursuant to section 


kjohnson on DSK79L0C42 with BILLS
53 

•S 1932 IS

1 3407(d) of Public Law 102–575 (106 Stat. 4727), 

2 of a water service or repayment contractor making 

3 a prepayment pursuant to this section. 

4 (f) CONFORMING AMENDMENT.—Section 4011 of the 

5 Water Infrastructure Improvements for the Nation Act 

6 (Public Law 114–322; 130 Stat. 1878) is repealed. 

7 SEC. 10. SAVINGS CLAUSE. 

8 Nothing in this Act or an amendment made by this 

9 Act shall be interpreted or implemented in a manner 

10 that— 

11 (1) preempts or modifies any obligation of the 

12 United States or an eligible entity under Federal law 

13 to act in accordance with applicable State law, in14 cluding applicable State water law; or 

15 (2) affects or modifies any obligation under 

16 Federal environmental law. 

Æ 


kjohnson on DSK79L0C42 with BILLS