II 

117TH CONGRESS 

2D SESSION S. 4231 

To support water infrastructure in Reclamation States, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2022 

Mrs. FEINSTEIN (for herself, Mr. KELLY, 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; TABLE OF CONTENTS. 

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

5 ‘‘Support To Rehydrate the Environment, Agriculture, 

6 and Municipalities Act’’ or the ‘‘STREAM Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INFRASTRUCTURE DEVELOPMENT 


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Sec. 101. Competitive grant program for the funding of water recycling 

projects. 

Sec. 102. Annual report to Congress. 

Sec. 103. Storage and conveyance projects. 

Sec. 104. Eligible desalination project development. 

Sec. 105. Reclamation infrastructure finance and innovation pilot program. 

Sec. 106. Drinking water assistance for disadvantaged communities. 

Sec. 107. Extraordinary operation and maintenance work; project modification. 

Sec. 108. Use of revenue to improve drought resilience or dam safety. 

TITLE II—IMPROVED TECHNOLOGY AND DATA 

Sec. 201. Reauthorization of the transboundary aquifer assessment program. 

TITLE III—ECOSYSTEM RESTORATION AND PROTECTION 

Sec. 301. Ecosystem restoration. 

Sec. 302. Performance-based restoration authority. 

TITLE IV—MISCELLANEOUS 

Sec. 401. Modifications to drought program under the Reclamation States 

Emergency Drought Relief Act of 1991. 

Sec. 402. Clarification of authority to use coronavirus fiscal recovery funds to 

meet a non-Federal matching requirement for authorized water 

projects. 

Sec. 403. Environmental compliance. 

Sec. 404. Effect. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ANNUAL REPORT.—The term ‘‘annual re4 port’’ means a report required under section 102(a). 

5 (2) AUTHORIZED PROJECT.—The term ‘‘au6 thorized project’’ means a storage project authorized 

7 by an Act of Congress, including through an applica8 ble standing authorization under section 5B of the 

9 Reclamation Safety of Dams Act of 1978 (43 U.S.C. 

10 509b) or any other applicable law. 

11 (3) AUTHORIZING COMMITTEES OF CON12 GRESS.—The term ‘‘authorizing committees of Con13 gress’’ means— 


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1 (A) the Committee on Energy and Natural 

2 Resources of the Senate; and 

3 (B) the Committee on Natural Resources 

4 of the House of Representatives. 

5 (4) DESIGN; STUDY.— 

6 (A) IN GENERAL.—The terms ‘‘design’’ 

7 and ‘‘study’’ include any design, permitting, 

8 study (including a feasibility study), materials 

9 engineering or testing, surveying, or 

10 preconstruction activity relating to a water stor11 age facility. 

12 (B) EXCLUSIONS.—The terms ‘‘design’’ 

13 and ‘‘study’’ do not include an appraisal study 

14 or other preliminary review intended to deter15 mine whether further study is appropriate. 

16 (5) DISADVANTAGED COMMUNITY.—The term 

17 ‘‘disadvantaged community’’ means a low-income 

18 community (as defined in section 45D(e) of the In19 ternal Revenue Code of 1986). 

20 (6) ELIGIBLE DESALINATION PROJECT.—The 

21 term ‘‘eligible desalination project’’ has the meaning 

22 given the term in paragraph (2) of section 4(a) of 

23 the Water Desalination Act of 1996 (42 U.S.C. 

24 10301 note; Public Law 104–298) (as amended by 

25 section 104(a)). 


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1 (7) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) any State, political subdivision of a 

4 State, department of a State, or public agency 

5 organized pursuant to State law; 

6 (B) an Indian Tribe (as defined in section 

7 4 of the Indian Self-Determination and Edu8 cation Assistance Act (25 U.S.C. 5304)) or an 

9 entity controlled by an Indian Tribe; 

10 (C) a water users’ association; 

11 (D) an agency established by an interstate 

12 compact; and 

13 (E) an agency established under State law 

14 for the joint exercise of powers. 

15 (8) FEDERAL BENEFIT.—The term ‘‘Federal 

16 benefit’’, with respect to a non-Federal storage 

17 project, water recycling project, or eligible desalina18 tion project, means— 

19 (A) public benefits provided directly by a 

20 project; 

21 (B) public benefits that— 

22 (i) are— 

23 (I) fish and wildlife benefits de24 scribed in paragraph (12)(A)(i); or 

25 (II) water quality benefits; 


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1 (ii) are provided by the implementa2 tion of a watershed restoration plan ap3 proved with the project; and 

4 (iii) represent an increased Federal 

5 commitment in the watershed as compared 

6 to Federal commitments before the date of 

7 approval of the project; 

8 (C) benefits to a watershed from a water 

9 recycling project or eligible desalination project; 

10 or 

11 (D) water supply benefits identified in ac12 cordance with the reclamation laws. 

13 (9) FEDERAL STORAGE PROJECT.—The term 

14 ‘‘Federal storage project’’ means any project con15 structed by the Bureau of Reclamation— 

16 (A) that involves the construction or ex17 pansion of— 

18 (i) a surface water storage facility; or 

19 (ii) a facility conveying water to or 

20 from surface or groundwater storage; and 

21 (B) to which the United States holds or 

22 will hold title. 

23 (10) NATURAL WATER RETENTION AND RE24 LEASE PROJECT.— 


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1 (A) IN GENERAL.—The term ‘‘natural 

2 water retention and release project’’ means a 

3 non-Federal storage project designed and devel4 oped to increase water availability for optimal 

5 management through aquifer recharge, flood6 plain retention, the alteration of the timing of 

7 runoff to allow increased utilization of existing 

8 storage facilities, or another mechanism that— 

9 (i) uses primarily natural materials 

10 appropriate to the specific site and land11 scape setting; and 

12 (ii) substantially mimics natural 

13 riverine, wetland, ecosystem, or hydrologic 

14 processes. 

15 (B) INCLUSIONS.—The term ‘‘natural 

16 water retention and release project’’ includes— 

17 (i) a single natural water retention 

18 and release project; 

19 (ii) several distributed natural water 

20 retention and release projects across a wa21 tershed; and 

22 (iii) the redesign, modification, or re23 placement of existing infrastructure to in24 corporate natural water retention and re25 lease elements. 


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1 (11) 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, or 

5 repair by an eligible entity of— 

6 (i) a surface or groundwater storage 

7 project that is not federally owned; 

8 (ii) a facility that is not federally 

9 owned conveying water to or from surface 

10 or groundwater storage; or 

11 (iii) a natural water retention and re12 lease project; and 

13 (B) provides a benefit in meeting any obli14 gation under applicable Federal law (including 

15 regulations). 

16 (12) PUBLIC BENEFIT.—The term ‘‘public ben17 efit’’, with respect to a non-Federal storage project 

18 or extraordinary operation and maintenance work, 

19 means— 

20 (A)(i) fish and wildlife benefits— 

21 (I) that are in excess of express miti22 gation and environmental compliance obli23 gations under applicable Federal and State 

24 law, including regulations, permits, con25 tracts, licenses, grants, or orders or deciVerDate Sep 11 2014 15:45 May 24, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4231.IS S4231

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1 sions from Federal and State courts, in ef2 fect on the date on which amounts are 

3 made available for the applicable project 

4 under this Act; and 

5 (II) including incremental level 4 

6 flows for managed land entitled to receive 

7 level 2 refuge water; 

8 (ii) flood control benefits; 

9 (iii) recreational benefits; 

10 (iv) water quality benefits that are in ex11 cess of the obligations described in clause (i)(I) 

12 of subparagraph (A); and 

13 (v) any other benefits that are nonreim14 bursable under the reclamation laws; 

15 (B) drinking water supply for disadvan16 taged communities, including through ground17 water recharge, the benefits of which are in ex18 cess of the obligations described in clause (i)(I) 

19 of subparagraph (A); 

20 (C) emergency drinking water supply used 

21 in response to a disaster declaration by a Gov22 ernor; and 

23 (D) energy savings benefits, including— 

24 (i) the value of associated greenhouse 

25 gas reductions; and 


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1 (ii) any reduction in energy costs for 

2 Federal taxpayers, such as reduced water 

3 delivery costs for water providing fish and 

4 wildlife benefits. 

5 (13) QUALIFIED PARTNER.—The term ‘‘quali6 fied partner’’ means a nonprofit organization oper7 ating in a Reclamation State that is acting with the 

8 written support of an eligible entity. 

9 (14) RECLAMATION LAWS.—The term ‘‘rec10 lamation laws’’ means Federal reclamation law (the 

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

12 and Acts supplemental to and amendatory of that 

13 Act (43 U.S.C. 371 et seq.)). 

14 (15) RECLAMATION STATE.—The term ‘‘Rec15 lamation State’’ has the meaning given the term in 

16 section 4014 of the Water Infrastructure Improve17 ments for the Nation Act (43 U.S.C. 390b note; 

18 Public Law 114–322). 

19 (16) SECRETARY.—The term ‘‘Secretary’’ 

20 means the Secretary of the Interior. 

21 (17) STORAGE PROJECT.—The term ‘‘storage 

22 project’’ means a Federal storage project or a non23 Federal storage project. 

24 (18) WATER RECYCLING PROJECT.—The term 

25 ‘‘water recycling project’’ means a project provided 


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1 a grant under section 1602(f) of the Reclamation 

2 Wastewater and Groundwater Study and Facilities 

3 Act (43 U.S.C. 390h(f)). 

4 (19) WATERSHED.—The term ‘‘watershed’’ in5 cludes— 

6 (A) an entire watershed; or 

7 (B) any portion of a watershed, including 

8 the upper or lower reaches of the watershed. 

9 (20) WATERSHED RESTORATION PLAN.—The 

10 term ‘‘watershed restoration plan’’ means a plan ap11 proved by the Secretary that would provide benefits 

12 to the affected watershed from a non-Federal stor13 age project and other projects and activities, includ14 ing— 

15 (A)(i) restoration of fish and wildlife habi16 tat or flows; or 

17 (ii) water quality benefits; and 

18 (B) water supply benefits. 

19 TITLE I—INFRASTRUCTURE 

20 DEVELOPMENT 

21 SEC. 101. COMPETITIVE GRANT PROGRAM FOR THE FUND22 ING OF WATER RECYCLING PROJECTS. 

23 (a) AUTHORIZATION OF NEW WATER RECYCLING

24 PROJECTS.—Section 1602 of the Reclamation Wastewater 


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1 and Groundwater Study and Facilities Act (43 U.S.C. 

2 390h) is amended— 

3 (1) in subsection (e)(2)(B), by striking ‘‘in ac4 cordance with the reclamation laws’’; and 

5 (2) in subsection (f)— 

6 (A) in paragraph (1), by striking ‘‘, subject 

7 to subsection (g)(2)’’; and 

8 (B) by striking paragraph (2) and all that 

9 follows through the end of subsection (g) and 

10 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, system reliability benefits, ground24 water management and enhancements, and 

25 water quality improvements; and 


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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) AUTHORIZATION OF APPROPRIATIONS.—In ad9 dition to amounts made available under section 

10 40901(4)(A) of the Infrastructure Investment and Jobs 

11 Act (43 U.S.C. 3201(4)(A)), there is authorized to be ap12 propriated to the Secretary to carry out subsections (e) 

13 and (f) $300,000,000 for the period of fiscal years 2024 

14 through 2028.’’. 

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

16 the Reclamation Wastewater and Groundwater Study and 

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

18 (1) in paragraph (1)— 

19 (A) by striking ‘‘by paragraph (2)’’ and in20 serting ‘‘in paragraphs (2) and (3)’’; and 

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

22 prices)’’ and inserting ‘‘$50,000,000 (in prices 

23 as determined for January 2022)’’; and 

24 (2) in paragraph (2)— 

25 (A) in subparagraph (B)— 


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

2 inserting the following: 

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

4 and 

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

6 appropriately; and 

7 (B) by striking ‘‘(2)(A) Subject to’’ and in8 serting the following: 

9 ‘‘(2) PROJECTS FUNDED AS OF 2021.—The Fed10 eral share of the cost of any single project author11 ized under this title shall be $20,000,000 (October 

12 1996 prices) if the project has received that amount 

13 as of December 31, 2021. 

14 ‘‘(3) OLDER PROJECTS.— 

15 ‘‘(A) IN GENERAL.—Subject to’’. 

16 SEC. 102. ANNUAL REPORT TO CONGRESS. 

17 (a) ANNUAL REPORTS.—Not later than February 1 

18 of each year, the Secretary shall develop and submit to 

19 the authorizing committees of Congress an annual report, 

20 to be entitled ‘‘Report to Congress on Future Storage 

21 Project Development’’, that— 

22 (1) identifies, with respect to Federal storage 

23 projects and non-Federal storage projects— 

24 (A) each feasibility report that— 


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1 (i) meets the criteria established 

2 under subsection (c)(1)(A); and 

3 (ii) is recommended by the Secretary 

4 for congressional authorization for con5 struction; 

6 (B) each proposed feasibility study sub7 mitted to the Secretary by an eligible entity 

8 pursuant to subsection (b) that meets the cri9 teria established under subsection (c)(1)(A); 

10 (C) any proposed modification to an au11 thorized project that meets the criteria estab12 lished under subsection (c)(1)(A) that is— 

13 (i) submitted to the Secretary by an 

14 eligible entity pursuant to subsection (b); 

15 or 

16 (ii) identified by the Secretary for au17 thorization; and 

18 (2) provides a status update for each feasibility 

19 study for a Federal storage project that is under 

20 evaluation during the period covered by the report 

21 and is intended to meet the criteria established 

22 under subsection (c)(1)(A), including identifying— 

23 (A) the initiation date of the feasibility 

24 study; 


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1 (B) the percentage completion of the feasi2 bility study; and 

3 (C) the expected completion date of the 

4 feasibility study. 

5 (b) REQUESTS FOR PROPOSALS.— 

6 (1) PUBLICATION.—Not later than May 1 of 

7 each year, the Secretary shall publish a notice re8 questing proposals from eligible entities for proposed 

9 feasibility studies and proposed modifications to au10 thorized projects to be included in the annual report. 

11 (2) DEADLINE FOR REQUESTS.—The Secretary 

12 shall include in each notice required under this sub13 section a requirement that eligible entities submit to 

14 the Secretary any proposals described in paragraph 

15 (1) by not later than 120 days after the date of pub16 lication of the notice in order for the proposals to be 

17 considered for inclusion in the annual report. 

18 (3) NOTIFICATION.—On the date of publication 

19 of each notice required by this subsection, the Sec20 retary shall— 

21 (A) make the notice publicly available, in22 cluding on the internet; and 

23 (B) provide written notification of the pub24 lication to the authorizing committees of Con25 gress. 


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1 (c) CONTENTS.— 

2 (1) INCLUSIONS.— 

3 (A) CRITERIA.—The Secretary shall in4 clude in the annual report— 

5 (i) subject to subparagraph (B), a fea6 sibility report or proposed feasibility study 

7 for, or proposed modifications to, a Fed8 eral storage project or non-Federal storage 

9 project that— 

10 (I) the Secretary determines is 

11 related to the missions and authorities 

12 of the Bureau of Reclamation; 

13 (II) requires specific congres14 sional authorization, including by an 

15 Act of Congress; 

16 (III) the Secretary determines 

17 could be eligible for design, study, or 

18 construction; and 

19 (IV) has not been authorized by 

20 Congress; and 

21 (ii) a list of, as of the date of the an22 nual report— 

23 (I) each non-Federal storage 

24 project that is under construction; 


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1 (II) each feasibility study that is 

2 being conducted for non-Federal stor3 age projects; and 

4 (III) the amount of appropriated 

5 funding that the Secretary has award6 ed to each project or feasibility study 

7 listed under subclause (I) or (II). 

8 (B) LIMITATIONS.—Notwithstanding sub9 paragraph (A)(i)— 

10 (i) a feasibility study shall not be in11 cluded in an annual report if the feasibility 

12 study was included in any previous annual 

13 report; and 

14 (ii) a feasibility report for a non-Fed15 eral storage project shall not be included in 

16 an annual report unless the project has a 

17 Federal cost-share of more than 

18 $250,000,000. 

19 (C) DESCRIPTION OF BENEFITS.—The 

20 Secretary shall describe in the annual report, to 

21 the extent applicable and practicable, for each 

22 proposed feasibility study and proposed modi23 fication to an authorized project included in the 

24 annual report, the benefits of each project or 

25 proposed modification. 


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1 (D) IDENTIFICATION OF OTHER FAC2 TORS.—The Secretary shall identify in the an3 nual report, to the extent practicable— 

4 (i) for each proposed feasibility study 

5 included in the annual report, the eligible 

6 entity that submitted the proposed project 

7 study pursuant to subsection (b); and 

8 (ii) for each proposed feasibility study 

9 and proposed modification to a project in10 cluded in the annual report, whether the 

11 eligible entity has demonstrated— 

12 (I) that local support exists for 

13 the proposed feasibility study or pro14 posed modification to an authorized 

15 project (including the project that is 

16 the subject of the proposed feasibility 

17 study or the proposed modification); 

18 and 

19 (II) the financial ability to pro20 vide the required non-Federal cost 

21 share. 

22 (2) TRANSPARENCY.—The Secretary shall in23 clude in the annual report, for each feasibility re24 port, proposed feasibility study, and proposed modiVerDate Sep 11 2014 15:45 May 24, 2022 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4231.IS S4231

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1 fication to a project included under paragraph 

2 (1)(A)— 

3 (A) the name of the associated eligible en4 tity, including the name of any eligible entity 

5 that has contributed, or is expected to con6 tribute, a non-Federal share of the cost of— 

7 (i) the feasibility report; 

8 (ii) the proposed feasibility study; or 

9 (iii) construction of— 

10 (I) the project that is the subject 

11 of— 

12 (aa) the feasibility report; or 

13 (bb) the proposed feasibility 

14 study; or 

15 (II) the proposed modification to 

16 a project; 

17 (B) a letter or statement of support for the 

18 feasibility report, proposed feasibility study, or 

19 proposed modification to a project from each 

20 associated eligible entity; 

21 (C) the purpose of the feasibility report, 

22 proposed feasibility study, or proposed modi23 fication to a project; 


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1 (D) an estimate, to the extent practicable, 

2 of the Federal, non-Federal, and total costs of 

3 construction of— 

4 (i) the project that is the subject of 

5 the feasibility report; or 

6 (ii) the proposed modification to an 

7 authorized project; and 

8 (E) an estimate, to the extent practicable, 

9 of the monetary and nonmonetary benefits of— 

10 (i) the project that is the subject of 

11 the feasibility report; or 

12 (ii) the proposed modification to an 

13 authorized project. 

14 (3) CERTIFICATION.—The Secretary shall in15 clude in the annual report a certification stating 

16 that each feasibility report, proposed feasibility 

17 study, and proposed modification to a project in18 cluded in the annual report meets the criteria estab19 lished under paragraph (1)(A). 

20 (4) APPENDIX.— 

21 (A) IN GENERAL.—The Secretary shall in22 clude in the annual report an appendix listing 

23 the proposals submitted under subsection (b) 

24 that were not included in the annual report 

25 under paragraph (1)(A) and a description of 


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1 why the Secretary determined that those pro2 posals did not meet the criteria for inclusion 

3 under that paragraph. 

4 (B) LIMITATION.—The Secretary shall not 

5 include— 

6 (i) in an appendix under subpara7 graph (A) any proposal that meets the cri8 teria for inclusion in the annual report 

9 solely on the basis of a determination by 

10 the Secretary that the proposal requires 

11 legislative changes to an authorized project 

12 or feasibility study; or 

13 (ii) in an appendix under subpara14 graph (A) or any other part of the annual 

15 report any proposal that meets the criteria 

16 for inclusion in the annual report solely on 

17 the basis of a policy of the Secretary. 

18 (d) SPECIAL RULE FOR INITIAL ANNUAL REPORT.— 

19 Notwithstanding any other deadline under this section, the 

20 Secretary shall— 

21 (1) not later than 60 days after the date of en22 actment of this Act, publish a notice required under 

23 subsection (b)(1); and 

24 (2) include in the notice a requirement that eli25 gible entities submit to the Secretary any proposals 


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1 described in subsection (b)(1) by not later than 120 

2 days after the date of publication of the notice in 

3 order for the proposals to be considered for inclusion 

4 in the first annual report developed by the Secretary 

5 under this section. 

6 (e) PUBLICATION.—On submission of an annual re7 port to Congress, the Secretary shall make the annual re8 port publicly available, including through publication on 

9 the internet. 

10 SEC. 103. STORAGE AND CONVEYANCE PROJECTS. 

11 (a) DEFINITIONS.—In this section: 

12 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti13 ty’’ means— 

14 (A) a State, Indian Tribe, municipality, ir15 rigation district, water district, wastewater dis16 trict, or other organization with water or power 

17 delivery authority; 

18 (B) a State, regional, or local authority, 

19 the members of which include 1 or more organi20 zations with water or power delivery authority; 

21 or 

22 (C)(i) an agency established under State 

23 law for the joint exercise of powers; 

24 (ii) a combination of entities described in 

25 subparagraphs (A) and (B); or 


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1 (iii) with respect to a natural water reten2 tion and release project, a qualified partner. 

3 (2) ELIGIBLE PROJECT.—The term ‘‘eligible 

4 project’’ means a project described in subsection (c). 

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

6 the grant program established under subsection (b). 

7 (4) RECLAMATION STATE.—The term ‘‘Rec8 lamation State’’ means a State or territory described 

9 in the first section of the Act of June 17, 1902 (32 

10 Stat. 388, chapter 1093; 43 U.S.C. 391). 

11 (b) ESTABLISHMENT.—The Secretary shall establish 

12 a program to provide grants to eligible entities on a com13 petitive basis for the study, planning, design, and con14 struction of non-Federal storage projects that provide sub15 stantial water supply and other benefits to a Reclamation 

16 State in accordance with this section. 

17 (c) ELIGIBLE PROJECT.—A project shall be eligible 

18 for a grant under this section if the project— 

19 (1) involves the construction or expansion by an 

20 eligible entity of— 

21 (A) a surface or groundwater storage 

22 project that is not federally owned; 

23 (B) a facility that is not federally owned 

24 that conveys water to or from surface or 

25 groundwater storage; or 


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1 (C) a natural water retention and release 

2 project; 

3 (2) has a Federal cost-share of not more than 

4 $250,000,000; 

5 (3) is located in a Reclamation State; 

6 (4) is constructed, operated, and maintained by 

7 an eligible entity; and 

8 (5) provides a Federal benefit. 

9 (d) PROJECT EVALUATION.—The Secretary may pro10 vide a grant to an eligible entity for an eligible project 

11 under the program— 

12 (1) for the study of the eligible project, if the 

13 Secretary has identified the potential for sufficient 

14 Federal benefits from the eligible project to proceed; 

15 (2) for the construction of a non-Federal stor16 age project that is not a natural water retention and 

17 release project, if— 

18 (A) the eligible entity determines through 

19 the preparation of a feasibility study or equiva20 lent study, and the Secretary concurs, that the 

21 eligible project— 

22 (i) is technically and financially fea23 sible; 

24 (ii) provides a Federal benefit; and 


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1 (iii) is consistent with applicable Fed2 eral and State laws; 

3 (B) the eligible entity has sufficient non4 Federal funding available to complete the eligi5 ble project, as determined by the Secretary; 

6 (C) the eligible entity is financially solvent, 

7 as determined by the Secretary; 

8 (D) the Governor, a member of the cabinet 

9 of the Governor, or the head of a department 

10 of the Reclamation State in which the non-Fed11 eral storage project is located supports the 

12 project or Federal funding of the project; and 

13 (E) not later than 30 days after the date 

14 on which the Secretary concurs with the deter15 minations under subparagraph (A) with respect 

16 to the eligible project, the Secretary submits to 

17 Congress written notice of the determinations; 

18 and 

19 (3) for a natural water retention and release 

20 project— 

21 (A) that costs not more than $10,000,000, 

22 if the eligible entity demonstrates that the nat23 ural water retention and release project would 

24 help optimize the storage or delivery of water in 


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1 a watershed in which a Bureau of Reclamation 

2 facility is located; and 

3 (B) that costs more than $10,000,000, 

4 if— 

5 (i) the conditions described in para6 graph (2) have been met; and 

7 (ii) the eligible entity determines, and 

8 the Secretary concurs, that— 

9 (I) the natural water retention 

10 and release project would produce or 

11 allow additional retention or delivery 

12 of water in a watershed in which a 

13 Bureau of Reclamation facility is lo14 cated; and 

15 (II) there is a credible estimate 

16 of the quantity of the storage benefit 

17 of the natural water retention and re18 lease project during each of a ‘‘wet’’ 

19 year, a ‘‘normal’’ year, and a ‘‘dry’’ 

20 year. 

21 (e) PRIORITY.—In providing grants to eligible entities 

22 for eligible projects under the program, the Secretary shall 

23 give funding priority to an eligible project that directly or 

24 through watershed restoration plans approved with the 

25 project meets 2 or more of the following criteria: 


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1 (1) Provides multiple benefits, including sub2 stantial quantities of each of the following: 

3 (A) Water supply reliability benefits for 

4 States and communities that are frequently 

5 drought-stricken. 

6 (B) Fish and wildlife benefits. 

7 (C) Water quality improvements. 

8 (2) Reduces impacts on environmental re9 sources from water projects owned or operated by 

10 Federal agencies and State agencies, including 

11 through measurable reductions in water diversions 

12 from imperiled ecosystems. 

13 (3) Advances water management plans across a 

14 multi-State area, such as drought contingency plans 

15 in the Colorado River Basin. 

16 (4) Is collaboratively developed or supported by 

17 multiple stakeholders. 

18 (5) Is located within a watershed for which an 

19 integrated, comprehensive watershed management 

20 plan has been developed to enhance resilience of eco21 systems, agricultural operations, and communities to 

22 chronic water scarcity, acute drought, and changing 

23 hydrological regimes. 

24 (f) FEDERAL ASSISTANCE.— 

25 (1) FEDERAL COST SHARE.— 


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

2 subparagraph (B), the Federal share of the cost 

3 of any eligible project provided a grant under 

4 the program shall not exceed 25 percent of the 

5 total cost of the eligible project. 

6 (B) EXCEPTION.—The Federal share of 

7 the cost of a natural water retention and re8 lease project provided a grant under the pro9 gram shall not exceed 90 percent of the total 

10 cost of the natural water retention and release 

11 project. 

12 (2) REIMBURSABILITY OF FUNDS.— 

13 (A) NONREIMBURSABLE FUNDS.— 

14 (i) PUBLIC BENEFITS.—Subject to 

15 paragraph (1), any funds provided by the 

16 Secretary to an eligible entity under the 

17 program for the value of public benefits 

18 described in subparagraphs (A) and (B) of 

19 section 2(8) shall be considered nonreim20 bursable. 

21 (ii) WATER SUPPLY BENEFITS OF

22 EQUAL VALUE TO PUBLIC BENEFITS.— 

23 Subject to paragraph (1), any funds pro24 vided by the Secretary for the value of 

25 Federal benefits provided under section 


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1 2(8)(D) shall be considered nonreimburs2 able to the extent that the value of the 

3 Federal benefits does not exceed the value 

4 of public benefits funded under clause (i) 

5 that are fish and wildlife or water quality 

6 benefits. 

7 (B) REIMBURSABLE FUNDS.—If any fund8 ing provided under subparagraph (A) is less 

9 than 25 percent of the total cost of the eligible 

10 project, the Secretary may provide reimbursable 

11 funds to an eligible entity for any Federal bene12 fits provided under section 2(8)(D) for not 

13 more than 25 percent of the total cost of the 

14 eligible project. 

15 (g) ENVIRONMENTAL LAWS.—In providing a grant 

16 for an eligible project under the program, the Secretary 

17 shall comply with all applicable environmental laws, in18 cluding the National Environmental Policy Act of 1969 

19 (42 U.S.C. 4321 et seq.). 

20 (h) GUIDANCE.—Not later than 1 year after the date 

21 of enactment of this Act, the Secretary shall issue guid22 ance on the implementation of the program, including 

23 guidelines for the preparation of feasibility studies or 

24 equivalent studies by eligible entities. 

25 (i) REPORTS.— 


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1 (1) ANNUAL REPORT.—At the end of each fis2 cal year, the Secretary shall make available on the 

3 website of the Department of the Interior an annual 

4 report that lists each eligible project for which a 

5 grant has been awarded under this section during 

6 the fiscal year. 

7 (2) COMPTROLLER GENERAL ASSESSMENT.— 

8 The Comptroller General of the United States shall 

9 conduct an assessment of the administrative estab10 lishment, solicitation, selection, and justification 

11 process with respect to the funding of grants under 

12 this section. 

13 (j) TREATMENT OF CONVEYANCE.—The planning, 

14 design, and construction of a conveyance system for an 

15 eligible project shall be eligible for grant funding under 

16 the program. 

17 (k) FUNDING.— 

18 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

19 addition to amounts made available under section 

20 40901(1) of the Infrastructure Investment and Jobs 

21 Act (43 U.S.C. 3201(1)), there is authorized to be 

22 appropriated to the Secretary to carry out this sec23 tion $750,000,000 for the period of fiscal years 

24 2024 through 2028, of which $50,000,000 is author25 ized to be appropriated during that period to carry 


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1 out natural water retention and release projects 

2 under subsection (d)(3). 

3 (2) ALLOCATION.—Subject to paragraphs (3) 

4 and (5), the Secretary shall allocate amounts made 

5 available under paragraph (1) among— 

6 (A) the design and study of— 

7 (i) non-Federal storage projects, in8 cluding natural water retention and release 

9 projects; and 

10 (ii) storage projects that are eligible 

11 for study funding under subsection (a)(1) 

12 of section 40902 of the Infrastructure In13 vestment and Jobs Act (43 U.S.C. 3202), 

14 if the amounts made available to the stor15 age projects under this clause are provided 

16 in accordance with subsections (b) and (c) 

17 of that section; and 

18 (B) construction of— 

19 (i) non-Federal storage projects, in20 cluding natural water retention and release 

21 projects; and 

22 (ii) storage projects that have received 

23 construction funding in accordance with 

24 subsection (a)(2) of section 40902 of the 

25 Infrastructure Investment and Jobs Act 


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1 (43 U.S.C. 3202), if the amounts made 

2 available to the storage projects under this 

3 clause are provided in accordance with sub4 sections (b) and (c) of that section. 

5 (3) PRELIMINARY STUDIES.—Of the amounts 

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

7 25 percent shall be provided for appraisal studies, 

8 feasibility studies, or other preliminary studies. 

9 (4) WIIN ACT STORAGE FUNDING.—The Sec10 retary may award funding made available under sec11 tion 4007(h) of the Water Infrastructure Improve12 ments for the Nation Act (43 U.S.C. 390b note; 

13 Public Law 114–322) to— 

14 (A) non-Federal storage projects, including 

15 natural water retention and release projects; 

16 (B) storage projects that are eligible for 

17 study funding under subsection (a)(1) of section 

18 40902 of the Infrastructure Investment and 

19 Jobs Act (43 U.S.C. 3202), if the amounts 

20 made available under this subparagraph to stor21 age projects is provided in accordance with sub22 sections (b) and (c) of that section; and 

23 (C) storage projects that have received 

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1 structure Investment and Jobs Act (43 U.S.C. 

2 3202), if the amounts made available to storage 

3 projects under this subparagraph is provided in 

4 accordance with subsections (b) and (c) of that 

5 section. 

6 (5) OTHER STORAGE PROJECTS.—The funds 

7 appropriated under paragraph (1) may not be used 

8 for storage projects other than those described in 

9 paragraph (2) unless authorized by an Act of Con10 gress. 

11 (6) USE OF FUNDING FOR PUBLIC BENEFITS.— 

12 (A) IN GENERAL.—The Federal share of 

13 the cost of public benefits provided by a storage 

14 project described in paragraph (2) may be used 

15 for— 

16 (i) the capital and operations, mainte17 nance, and replacement costs of public 

18 benefits; and 

19 (ii) the operations, maintenance, and 

20 replacement costs of public benefits de21 scribed in section 2(12)(A), the capital 

22 costs of which are funded by the applicable 

23 Reclamation State. 

24 (B) EFFECT.—Nothing in this paragraph 

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1 thorities or appropriations for the capital and 

2 operations, maintenance, and replacement costs 

3 of a non-Federal storage project to provide pub4 lic benefits. 

5 (l) AMENDMENT TO THE INFRASTRUCTURE JOBS

6 AND INVESTMENT ACT.—Section 40902(a)(2)(C)(i) of the 

7 Infrastructure Investment and Jobs Act (43 U.S.C. 

8 3202(a)(2)(C)(i)) is amended by striking ‘‘clause (i) or 

9 (ii)’’ and inserting ‘‘clause (i), (ii), or (iii)’’. 

10 (m) AUTHORIZATION TO COMPLETE STORAGE

11 PROJECTS THAT RECEIVE CONSTRUCTION FUNDING.— 

12 (1) DEFINITION OF CONSTRUCTION.—In this 

13 subsection, the term ‘‘construction’’ has the meaning 

14 given the term in section 4011(f) of the Water In15 frastructure Improvements for the Nation Act (Pub16 lic Law 114–322; 130 Stat. 1881). 

17 (2) EXTENSION OF EXISTING REQUIRE18 MENTS.—A storage project that has received fund19 ing for construction activities in accordance with sec20 tion 40901(1) of the Infrastructure Investment and 

21 Jobs Act (43 U.S.C. 3201(1)) shall be eligible for 

22 funding (including funding authorized under this 

23 section or an amendment made by this section), to 

24 complete construction of the project in accordance 


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1 with the standards under section 40902 of that Act 

2 (43 U.S.C. 3202). 

3 (n) CALFED REAUTHORIZATION.—Title I of Public 

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

5 164; 128 Stat. 2312; 129 Stat. 2407; 130 Stat. 1866; 133 

6 Stat. 2669; 134 Stat. 1363), is amended by striking 

7 ‘‘2021’’ each place it appears and inserting ‘‘2027’’. 

8 SEC. 104. ELIGIBLE DESALINATION PROJECT DEVELOP9 MENT. 

10 (a) ELIGIBLE DESALINATION PROJECTS AUTHORIZA11 TION.—Section 4(a) of the Water Desalination Act of 

12 1996 (42 U.S.C. 10301 note; Public Law 104–298) is 

13 amended by striking paragraph (2) and inserting the fol14 lowing: 

15 ‘‘(2) PROJECTS.— 

16 ‘‘(A) DEFINITIONS.—In this paragraph: 

17 ‘‘(i) ELIGIBLE DESALINATION

18 PROJECT.—The term ‘eligible desalination 

19 project’ means any project located in a 

20 Reclamation State, or for which the con21 struction, operation, sponsorship, or fund22 ing is the responsibility of, and the pri23 mary water supply benefit accrues to, 1 or 

24 more entities in a Reclamation State, 

25 that— 


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1 ‘‘(I) involves an ocean or brack2 ish water desalination facility— 

3 ‘‘(aa) constructed, operated, 

4 and maintained by a State, In5 dian Tribe, irrigation district, 

6 water district, or other organiza7 tion with water or power delivery 

8 authority; or 

9 ‘‘(bb) sponsored or funded 

10 by any combination of a State, 

11 department of a State, political 

12 subdivision of a State, or public 

13 agency organized pursuant to 

14 State law, including through— 

15 ‘‘(AA) direct sponsor16 ship or funding; or 

17 ‘‘(BB) indirect sponsor18 ship or funding, such as by 

19 paying for the water pro20 vided by the facility; 

21 ‘‘(II) provides a Federal benefit; 

22 and 

23 ‘‘(III) is consistent with applica24 ble Federal and State resource protec25 tion laws, including any law relating 


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1 to the protection of marine protected 

2 areas. 

3 ‘‘(ii) AUTHORIZING COMMITTEES OF

4 CONGRESS; FEDERAL BENEFIT; RECLAMA5 TION STATE.—The terms ‘authorizing com6 mittees of Congress’, ‘Federal benefit’, and 

7 ‘Reclamation State’ have the meaning 

8 given the terms in section 2 of the Support 

9 To Rehydrate the Environment, Agri10 culture, and Municipalities Act. 

11 ‘‘(iii) RURAL DESALINATION

12 PROJECT.—The term ‘rural desalination 

13 project’ means an eligible desalination 

14 project that is designed to serve a commu15 nity or group of communities, each of 

16 which has a population of not more than 

17 25,000 inhabitants. 

18 ‘‘(B) COST-SHARING REQUIREMENT.— 

19 ‘‘(i) IN GENERAL.—Subject to the re20 quirements of this subsection and notwith21 standing section 7, the Federal share of an 

22 eligible desalination project carried out 

23 under this subsection shall be— 


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1 ‘‘(I) not more than 25 percent of 

2 the total cost of the eligible desalina3 tion project; or 

4 ‘‘(II) in the case of a rural de5 salination project, the applicable per6 centage determined in accordance 

7 with clause (ii). 

8 ‘‘(ii) RURAL DESALINATION

9 PROJECTS.— 

10 ‘‘(I) COST-SHARING REQUIRE11 MENT FOR APPRAISAL STUDIES.— 

12 Subject to subclause (IV), in the case 

13 of a rural desalination project carried 

14 out under this subsection, the Federal 

15 share of the cost of appraisal studies 

16 for the rural desalination project shall 

17 be— 

18 ‘‘(aa) 75 percent of the total 

19 costs of the appraisal studies, up 

20 to $200,000; and 

21 ‘‘(bb) if the total costs of 

22 the appraisal studies are more 

23 than $200,000, 50 percent of any 

24 amounts over $200,000. 


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1 ‘‘(II) COST-SHARING REQUIRE2 MENT FOR FEASIBILITY STUDIES.— 

3 Subject to subclause (IV), in the case 

4 of a rural desalination project carried 

5 out under this subsection, the Federal 

6 share of the cost of feasibility studies 

7 for the rural desalination project shall 

8 be not more than 50 percent. 

9 ‘‘(III) COST-SHARING REQUIRE10 MENT FOR CONSTRUCTION COSTS.— 

11 Subject to subclause (IV), in the case 

12 of a rural desalination project carried 

13 out under this subsection, the Federal 

14 share of the cost of construction of 

15 the rural desalination project shall be 

16 not more than 75 percent. 

17 ‘‘(IV) REDUCTION IN NON-FED18 ERAL SHARE.—The Secretary may re19 duce the non-Federal share of a rural 

20 desalination project required under 

21 subclause (I), (II), or (III) by not 

22 more than 10 percent if the Secretary 

23 determines, after consultation with 

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1 salination project and in accordance 

2 with applicable Reclamation stand3 ards, that the reduction is appropriate 

4 due to— 

5 ‘‘(aa) an overwhelming Fed6 eral interest in the rural desali7 nation project; and 

8 ‘‘(bb) the sponsor of the 

9 rural desalination project dem10 onstrating financial hardship. 

11 ‘‘(iii) LIMITATION.—Funding for a 

12 rural desalination project under clause (ii) 

13 or the Water Infrastructure Finance and 

14 Innovation Act of 2014 (33 U.S.C. 3901 et 

15 seq.) shall not be considered for purposes 

16 of the Federal share established under this 

17 subparagraph. 

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

19 Secretary in an eligible desalination project 

20 under this paragraph shall not occur unless— 

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

22 is included in a State-approved plan; or 

23 ‘‘(II) the participation has been re24 quested by the Governor of the State in 


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1 which the eligible desalination project is lo2 cated; 

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

4 eligible desalination project determines, 

5 and the Secretary concurs, that— 

6 ‘‘(I) the eligible desalination 

7 project— 

8 ‘‘(aa) is technically and fi9 nancially feasible; 

10 ‘‘(bb) provides a Federal 

11 benefit; and 

12 ‘‘(cc) is consistent with ap13 plicable Federal and State laws 

14 (including regulations); 

15 ‘‘(II) sufficient non-Federal fund16 ing is available to complete the eligible 

17 desalination project; and 

18 ‘‘(III) the non-Federal project 

19 sponsor is financially capable of fund20 ing the non-Federal share of the 

21 project costs; and 

22 ‘‘(iii) the Secretary submits to the au23 thorizing committees of Congress and 

24 makes publicly available on the internet a 

25 written notification of the determinations 


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1 under clause (ii) by not later than 30 days 

2 after the date of the determinations. 

3 ‘‘(D) ENVIRONMENTAL LAWS.—To be eli4 gible to receive a grant under this subsection, 

5 a desalination project shall comply with— 

6 ‘‘(i) applicable Federal environmental 

7 laws, including the National Environ8 mental Policy Act of 1969 (42 U.S.C. 

9 4321 et seq.); and 

10 ‘‘(ii) applicable State environmental 

11 laws. 

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

13 an eligible desalination project under this sub14 section, the Secretary— 

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

16 the sponsor of the eligible desalination 

17 project, including feasibility or equivalent 

18 studies, environmental analyses, and other 

19 pertinent reports and analyses; but 

20 ‘‘(ii) shall retain responsibility for 

21 making the independent determinations de22 scribed in subparagraph (C). 

23 ‘‘(F) FUNDING.— 

24 ‘‘(i) AUTHORIZATION OF APPROPRIA25 TIONS.—In addition to amounts made 


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1 available under section 40901(5) of the In2 frastructure Investment and Jobs Act (43 

3 U.S.C. 3201(5)), there is authorized to be 

4 appropriated to carry out this paragraph 

5 $150,000,000 for the period of fiscal years 

6 2024 through 2028, of which not less than 

7 $10,000,000 shall be made available dur8 ing the period for rural desalination 

9 projects. 

10 ‘‘(ii) FUNDING OPPORTUNITY AN11 NOUNCEMENT.—The Commissioner of Rec12 lamation shall release a funding oppor13 tunity announcement for a grant program 

14 under this paragraph by not later than 75 

15 days after the date of enactment of an Act 

16 that provides funding for the program.’’. 

17 (b) PRIORITIZATION OF PROJECTS.—Section 4 of the 

18 Water Desalination Act of 1996 (42 U.S.C. 10301 note; 

19 Public Law 104–298) is amended by striking subsection 

20 (c) and inserting the following: 

21 ‘‘(c) PRIORITIZATION.—In carrying out demonstra22 tion and development activities under this section, the Sec23 retary shall prioritize projects— 

24 ‘‘(1) for the benefit of drought-stricken States 

25 and communities; 


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1 ‘‘(2) for the benefit of States that have author2 ized funding for research and development of desali3 nation technologies and projects; 

4 ‘‘(3) that demonstrably improve self-reliance on 

5 local or regional water supplies in the case of any 

6 project sponsors that rely on imported water sup7 plies that have an impact on species listed under the 

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

9 seq.); 

10 ‘‘(4) that demonstrably leverage the experience 

11 of or partner with— 

12 ‘‘(A) international entities with consider13 able expertise in desalination, such as Israel; or 

14 ‘‘(B) nonprofit water research foundations 

15 or institutions with expertise in technology in16 novation to advance sustainable desalination 

17 processes or brine management; 

18 ‘‘(5) located in a region that— 

19 ‘‘(A) is impacted by salinity or brackish 

20 groundwater; and 

21 ‘‘(B) has agricultural production of na22 tional importance; 

23 ‘‘(6) that support regional stakeholder-based 

24 planning and implementation efforts to manage 

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1 ment of groundwater quality within an approved 

2 basin plan; 

3 ‘‘(7) that maximize the use of renewable energy 

4 to power desalination facilities; 

5 ‘‘(8) that maximize energy efficiency so that the 

6 lifecycle energy demands of desalination are mini7 mized; 

8 ‘‘(9) located in a region that has employed 

9 strategies to increase water conservation and the 

10 capture and recycling of wastewater and stormwater; 

11 and 

12 ‘‘(10) that, in the case of ocean desalination fa13 cilities— 

14 ‘‘(A)(i) use a subsurface intake; or 

15 ‘‘(ii) if a subsurface intake is not feasible, 

16 use an intake that uses the best available site, 

17 design, technology, and mitigation measures to 

18 minimize the mortality of all forms of marine 

19 life and impacts to coastal-dependent resources; 

20 ‘‘(B) are sited and designed to ensure that 

21 the disposal of wastewater (including brine from 

22 the desalination process)— 

23 ‘‘(i) is not discharged in a manner 

24 that increases salinity levels in Federal or 

25 State marine protected areas; and 


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1 ‘‘(ii) achieves ambient salinity levels 

2 within a reasonable distance from the dis3 charge point; 

4 ‘‘(C) are sited, designed, and operated in a 

5 manner that maintains indigenous marine life 

6 and a healthy and diverse marine community 

7 within a reasonable distance from the discharge 

8 point; 

9 ‘‘(D) do not cause significant unmitigated 

10 harm to aquatic life; and 

11 ‘‘(E) include a construction and operation 

12 plan designed to minimize loss of coastal habi13 tat as well as aesthetic, noise, and air quality 

14 impacts.’’. 

15 (c) PRIORITY SCORING SYSTEM.—As soon as prac16 ticable after the date of enactment of this Act, for pur17 poses of making recommendations to Congress for projects 

18 to be carried out under section 4 of the Water Desalina19 tion Act of 1996 (42 U.S.C. 10301 note; Public Law 104– 

20 298), the Commissioner of Reclamation shall establish a 

21 priority scoring system that provides for the assignment 

22 of priority scores for the projects based on the 

23 prioritization criteria established under subsection (c) of 

24 that section. 


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1 (d) OTHER REQUIREMENTS.—Non-Federal entities 

2 that receive Federal assistance for projects or facilities au3 thorized under this Act shall implement the projects or 

4 facilities consistent with the standards for activities as5 sisted under section 401 of the Safe Drinking Water Act 

6 Amendments of 1996 (42 U.S.C. 300j–3c). 

7 (e) RESEARCH AUTHORITY.—Section 8(a) of the 

8 Water Desalination Act of 1996 (42 U.S.C. 10301 note; 

9 Public Law 104–298) is amended— 

10 (1) in the first sentence, by striking ‘‘2021’’ 

11 and inserting ‘‘2026’’; and 

12 (2) in the second sentence, by striking 

13 ‘‘$1,000,000’’ and inserting ‘‘$3,000,000’’. 

14 SEC. 105. RECLAMATION INFRASTRUCTURE FINANCE AND 

15 INNOVATION PILOT PROGRAM. 

16 (a) ESTABLISHMENT.—The Secretary shall establish 

17 and carry out a pilot program under which the Secretary 

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

19 loans and technical assistance in accordance with this sec20 tion to carry out eligible projects described in subsection 

21 (b). 

22 (b) ELIGIBLE PROJECTS.— 

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

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1 tion is a water supply or water conservation project 

2 that, as determined by the Secretary— 

3 (A) is located in— 

4 (i) the State of Alaska; 

5 (ii) the State of Hawaii; or 

6 (iii) a State or territory described in 

7 the first section of the Act of June 17, 

8 1902 (32 Stat. 388, chapter 1093; 43 

9 U.S.C. 391); 

10 (B) would— 

11 (i) contribute directly or indirectly (in12 cluding through groundwater recharge) to 

13 a safe, adequate water supply for domestic, 

14 agricultural, environmental, or municipal 

15 and industrial use; or 

16 (ii) promote water conservation or 

17 water use efficiency; and 

18 (C) is otherwise eligible for assistance 

19 under this section. 

20 (2) PROJECTS ASSOCIATED WITH BUREAU OF

21 RECLAMATION FACILITIES.—A project that supports 

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

23 of Reclamation facility shall be eligible to receive as24 sistance under the pilot program under this section 

25 if— 


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1 (A) the project meets the criteria described 

2 in paragraph (1); 

3 (B) the eligible entity carrying out the 

4 project demonstrates to the satisfaction of the 

5 Secretary that the eligible entity is initiating 

6 and implementing the project for non-Federal 

7 purposes; 

8 (C) the eligible entity retains or secures, 

9 through a long-term Federal property lease, op10 eration and maintenance transfer agreement 

11 that provides for self-funding, or easement 

12 agreement with the Secretary, substantial con13 trol over the assets, operation, management, 

14 and maintenance of the project; and 

15 (D) the project meets any other criteria 

16 that the Secretary may establish. 

17 (3) SMALL COMMUNITY PROJECTS.—For 

18 projects eligible for assistance under this section and 

19 section 5028(a)(2)(B) of the Water Resources Re20 form and Development Act of 2014 (33 U.S.C. 

21 3907(a)(2)(B)), the Secretary may assist applicants 

22 in combining 1 or more projects into a single appli23 cation in order to meet the minimum project cost of 

24 $5,000,000 required under that section. 


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1 (c) ELIGIBLE APPLICANTS.—The following entities 

2 are eligible to receive assistance under this section: 

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

4 Water Resources Reform and Development Act of 

5 2014 (33 U.S.C. 3904). 

6 (2) A conservancy district, Reclamation district, 

7 irrigation district, or water district. 

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

9 (4) A water users’ association. 

10 (5) An agency established by an interstate com11 pact. 

12 (6) An agency established under State law for 

13 the joint exercise of powers. 

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

15 capacity to contract with the United States under 

16 the reclamation laws. 

17 (d) REQUIREMENTS.— 

18 (1) PROJECT SELECTION.—In selecting eligible 

19 projects to receive assistance under the pilot pro20 gram under this section, the Secretary shall ensure 

21 diversity with respect to— 

22 (A) project type; and 

23 (B) geographical location within the States 

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


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1 (2) IMPORTATION OF OTHER REQUIREMENTS.— 

2 The following provisions of law shall apply to the 

3 pilot program under this section: 

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

5 5029, 5030, 5031, 5032, and 5034(a) of the 

6 Water Resources Reform and Development Act 

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

8 3908, 3909, 3910, 3911, 3913(a)), except 

9 that— 

10 (i) any reference contained in those 

11 sections to the Secretary of the Army shall 

12 be considered to be a reference to the Sec13 retary; 

14 (ii) any reference contained in those 

15 sections to an eligible project shall be con16 sidered to be a reference to an eligible 

17 project described in subsection (b); 

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

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

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

21 shall not apply with respect to this section; 

22 and 

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

24 5030 of that Act (33 U.S.C. 3909) shall 

25 not apply with respect to this section. 


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1 (B) The agreement between the Adminis2 trator of the Environmental Protection Agency 

3 and the Commissioner of Reclamation required 

4 under section 4301 of the America’s Water In5 frastructure Act of 2018 (33 U.S.C. 3909 note; 

6 Public Law 115–270), pursuant to which the 

7 Administrator shall retain responsibility for ad8 ministering any loans under this section. 

9 (3) ENVIRONMENTAL LAWS.—No project shall 

10 receive funding under this section unless the project 

11 complies with— 

12 (A) applicable Federal environmental laws, 

13 including the National Environmental Policy 

14 Act of 1969 (42 U.S.C. 4321 et seq.); and 

15 (B) applicable State environmental laws. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.— 

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

18 appropriated to the Secretary to carry out the pilot 

19 program under this section $150,000,000 for the pe20 riod of fiscal years 2024 through 2028, to remain 

21 available until expended. 

22 (2) ADMINISTRATIVE COSTS.—Of the funds 

23 made available pursuant to paragraph (1), the Sec24 retary may use for administrative costs of carrying 

25 out the pilot program under this section (including 


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1 for the provision of technical assistance to project 

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

3 necessary approval, and for transfer to the Adminis4 trator of the Environmental Protection Agency to 

5 provide assistance in administering and servicing 

6 Federal credit instruments under the pilot program) 

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

8 year. 

9 (3) SMALL COMMUNITY PROJECTS.— 

10 (A) IN GENERAL.—Subject to subsection 

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

12 available under paragraph (2) to provide assist13 ance, including assistance to pay the costs of 

14 acquiring the rating opinion letters under para15 graph (1)(D) of section 5028(a) of the Water 

16 Resources Reform and Development Act of 

17 2014 (33 U.S.C. 3907(a)), to assist project 

18 sponsors in obtaining the necessary approvals 

19 for small community projects that are eligible 

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

21 section or subsection (b)(3). 

22 (B) LIMITATION.—Assistance provided to 

23 a project sponsor under subparagraph (A) may 

24 not exceed an amount equal to 75 percent of 

25 the total administrative costs incurred by the 


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1 project sponsor in securing financial assistance 

2 under this section. 

3 SEC. 106. DRINKING WATER ASSISTANCE FOR DISADVAN4 TAGED COMMUNITIES. 

5 (a) IN GENERAL.—The Secretary (acting through the 

6 Commissioner of Reclamation) may provide grants or 

7 enter into contracts or financial assistance agreements 

8 that provide not more than 100 percent of the cost of the 

9 planning, design, or construction of water projects or fa10 cilities or features of water projects, the primary purpose 

11 of which is to improve the domestic water supplies of com12 munities or households that do not have reliable access 

13 to domestic water supplies in sufficient quantities or of 

14 sufficient quality in a State or territory described in the 

15 first section of the Act of June 17, 1902 (32 Stat. 388, 

16 chapter 1093; 43 U.S.C. 391). 

17 (b) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) AMOUNT.—There is authorized to be appro19 priated to the Secretary to carry out this section 

20 $100,000,000 for the period of fiscal years 2024 

21 through 2028. 

22 (2) MULTIPLE BENEFIT PROJECTS.—The Sec23 retary shall use all or a portion of the funds made 

24 available under subsection (a) to incorporate into 

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1 sist in providing domestic water supplies to dis2 advantaged communities. 

3 SEC. 107. EXTRAORDINARY OPERATION AND MAINTE4 NANCE WORK; PROJECT MODIFICATION. 

5 (a) REIMBURSEMENT OF COSTS.—Section 9603(b) of 

6 the Omnibus Public Land Management Act of 2009 (43 

7 U.S.C. 510b(b)) is amended— 

8 (1) in paragraph (1), by striking ‘‘reimbursable 

9 purposes’’ and inserting ‘‘reimbursable and nonreim10 bursable purposes of the project and costs allocated 

11 to a reimbursable purpose’’; 

12 (2) in paragraph (2), by striking ‘‘costs’’ and 

13 inserting ‘‘costs, including reimbursable and nonre14 imbursable costs’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(4) DETERMINATION OF REIMBURSABLE

17 COSTS.—Any costs expended under paragraph (1) or 

18 advanced under paragraph (2) that are allocated to 

19 existing nonreimbursable purposes of the project, in20 cluding costs to restore or add a public benefit (as 

21 defined in section 2 of the Support To Rehydrate 

22 the Environment, Agriculture, and Municipalities 

23 Act), shall be considered to be nonreimbursable costs 

24 for purposes of this subsection.’’. 


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1 (b) AUTHORIZATION TO MODIFY PROJECTS TO IN2 CREASE PUBLIC BENEFITS AND OTHER PROJECT BENE3 FITS.—Section 9603 of the Omnibus Public Land Man4 agement Act of 2009 (43 U.S.C. 510b) is amended by 

5 adding at the end the following: 

6 ‘‘(e) AUTHORIZATION TO MODIFY PROJECTS TO IN7 CREASE PUBLIC BENEFITS AND OTHER PROJECT BENE8 FITS.— 

9 ‘‘(1) DEFINITIONS.—In this subsection: 

10 ‘‘(A) ADVERSE IMPACT.—The term ‘ad11 verse impact’ means, with respect to a project 

12 modification, a reduction in water quantity or 

13 quality or a change in the timing of water deliv14 eries available to a project beneficiary from the 

15 modified project as compared to the water 

16 quantity or quality or timing of water deliveries 

17 from— 

18 ‘‘(i) the project with the original ca19 pacity restored, if the extraordinary oper20 ation and maintenance work under this 

21 section is intended to restore lost project 

22 capacity; 

23 ‘‘(ii) the project prior to undertaking 

24 the planning and design, if the extraor25 dinary operation and maintenance work 


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1 under this section is for any purpose other 

2 than to restore lost project capacity; or 

3 ‘‘(iii) project operations of the modi4 fied project without an increase in benefits 

5 for a new project beneficiary under para6 graph (2)(E). 

7 ‘‘(B) NEW BENEFIT.—The term ‘new ben8 efit’ means the increase in benefits of the modi9 fied project compared to the benefits provided 

10 by— 

11 ‘‘(i) the project with the original ca12 pacity restored, if the extraordinary oper13 ation and maintenance work under this 

14 section is intended to restore lost project 

15 capacity; or 

16 ‘‘(ii) the project prior to undertaking 

17 the planning and design, if the extraor18 dinary operation and maintenance work 

19 under this section is for any purpose other 

20 than to restore lost project capacity. 

21 ‘‘(C) PROJECT BENEFICIARY.—The term 

22 ‘project beneficiary’ means any entity that has 

23 a repayment, long-term water service, or other 

24 form of long-term contract or agreement exe25 cuted pursuant to the Act of June 17, 1902 (32 


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1 Stat. 388, chapter 1093), and Acts supple2 mental to and amendatory of that Act (43 

3 U.S.C. 371 et seq.), for water service from the 

4 project. 

5 ‘‘(D) PUBLIC BENEFIT.—The term ‘public 

6 benefit’ has the meaning given the term in sec7 tion 2 of the Support To Rehydrate the Envi8 ronment, Agriculture, and Municipalities Act. 

9 ‘‘(2) AUTHORIZATION; REQUIREMENTS.— 

10 ‘‘(A) IN GENERAL.—In a case in which a 

11 project is anticipated to require extraordinary 

12 operation and maintenance work during the 10- 

13 year period beginning on January 1, 2023, the 

14 Secretary, in consultation with any transferred 

15 works operating entity and any project bene16 ficiaries, may develop and carry out a proposal 

17 to modify project features to increase public 

18 benefits and other project benefits, including 

19 carrying out a feasibility study and conducting 

20 any applicable environmental analysis required 

21 for the proposal, subject to subparagraphs (B) 

22 through (F). 

23 ‘‘(B) MAXIMUM COST.—The maximum 

24 amount that may be added to the original 


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1 project cost as a result of a project modification 

2 under subparagraph (A) shall not exceed— 

3 ‘‘(i) an amount equal to 25 percent of 

4 the original cost of the project, in the case 

5 of a project for which the original cost of 

6 the project exceeds $100,000,000; or 

7 ‘‘(ii) $25,000,000, in the case of a 

8 project for which the original cost of the 

9 project is not more than $100,000,000. 

10 ‘‘(C) PUBLIC BENEFITS.—In the case of a 

11 project modification under subparagraph (A), 

12 not less than 50 percent of the new benefits 

13 provided by the modification of the project shall 

14 be public benefits. 

15 ‘‘(D) WRITTEN CONSENT REQUIRED.—A 

16 project modification under subparagraph (A) 

17 shall not be constructed until the date on which 

18 the Secretary has obtained the written consent 

19 of— 

20 ‘‘(i) the transferred works operating 

21 entity, if applicable; and 

22 ‘‘(ii) consistent with paragraph (3), 

23 any project beneficiary that would experi24 ence an adverse impact as a result of the 

25 modification of the project. 


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1 ‘‘(E) ADVERSE IMPACT.—Any benefits that 

2 accrue to a new project beneficiary resulting 

3 from operations of the modified project shall 

4 not be increased without the consent of existing 

5 project beneficiaries that would experience an 

6 adverse impact as a result of the modification 

7 of the project. 

8 ‘‘(F) REIMBURSEMENT OF COSTS.—The 

9 costs of planning, design, and environmental 

10 compliance for a project modification under 

11 subparagraph (A) shall be reimbursed in ac12 cordance with subsection (b), except that any of 

13 the costs that would otherwise be allocated to a 

14 project beneficiary shall be considered nonreim15 bursable if the project beneficiary does not re16 ceive any increase in long-term average annual 

17 water deliveries as a result of the modification. 

18 ‘‘(3) PROCEDURE FOR OBTAINING CONSENT

19 AND TIME LIMITATION.— 

20 ‘‘(A) INITIAL DETERMINATION.—The Sec21 retary shall initially determine whether the con22 sent of a project beneficiary is required prior to 

23 construction under paragraph (2)(D) based on 

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1 ations of the modified project would have any 

2 adverse impacts on a project beneficiary. 

3 ‘‘(B) WRITTEN REQUEST FOR CONSENT.— 

4 The Secretary shall provide to the transferred 

5 works operating entity, if any, and any project 

6 beneficiaries, in writing— 

7 ‘‘(i) a description of the proposed 

8 modification and subsequent operations of 

9 the project; and 

10 ‘‘(ii)(I) a request for consent under 

11 paragraph (2)(D); or 

12 ‘‘(II)(aa) an explanation that the Sec13 retary has determined that no consent is 

14 required under paragraph (2)(D); and 

15 ‘‘(bb) a statement that if the project 

16 beneficiary believes that the consent of the 

17 project beneficiary is required, the project 

18 beneficiary shall send to the Secretary a 

19 reply not later than 30 days after the date 

20 of receipt of the notice that includes an ex21 planation of the reasons that the project 

22 beneficiary would experience adverse im23 pacts as a result of the project modifica24 tion. 

25 ‘‘(C) FINAL DETERMINATION.— 


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1 ‘‘(i) WRITTEN RESPONSE.—The Sec2 retary shall respond in writing to any reply 

3 from a project beneficiary under subpara4 graph (B)(ii)(II)(bb) stating whether or 

5 not the Secretary determines that the 

6 project beneficiary would experience ad7 verse impacts as a result of the project 

8 modification. 

9 ‘‘(ii) FINAL AGENCY ACTION.—A writ10 ten determination by the Secretary under 

11 clause (i) shall be considered to be a final 

12 agency action for purposes of section 704 

13 of title 5, United States Code. 

14 ‘‘(iii) WRITTEN REQUEST.—If the 

15 Secretary determines under clause (i) that 

16 the project beneficiary would experience 

17 adverse impacts as a result of the project 

18 modification, the Secretary shall send to 

19 the project beneficiary a written request 

20 for consent in accordance with subpara21 graph (B)(ii). 

22 ‘‘(D) TIME PERIOD FOR CONSENT.— 

23 ‘‘(i) IN GENERAL.—If written consent 

24 required under paragraph (2)(D) is not ob25 tained by the date that is 1 year after the 


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1 date on which written consent is requested 

2 under subparagraph (B)(ii), the Secretary 

3 or the transferred works operating entity, 

4 as applicable, shall proceed with extraor5 dinary operation and maintenance work of 

6 the project without the modification, unless 

7 the Secretary extends the time for consent 

8 under clause (ii). 

9 ‘‘(ii) EXTENSION.—At the discretion 

10 of the Secretary, the Secretary may elect 

11 to extend the time for obtaining consent 

12 under paragraph (2)(D) by 1 year. 

13 ‘‘(4) REALLOCATION OF COSTS BASED ON

14 PROJECT CHANGES AND INCREASED PUBLIC BENE15 FITS.—The Secretary shall allocate costs, including 

16 capital repayment costs and operation and mainte17 nance costs, for a project modification under para18 graph (2), to provide that— 

19 ‘‘(A) the public benefits provided by the 

20 modified project, including associated annual 

21 operation and maintenance costs, shall be non22 reimbursable; and 

23 ‘‘(B) the cost allocation of reimbursable 

24 costs to each project beneficiary reflects any 


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1 changes in the benefits that the modified 

2 project is providing to the project beneficiary. 

3 ‘‘(5) INCENTIVE FOR BENEFITTING ENTITIES

4 TO PARTICIPATE IN PROJECTS WITH INCREASED

5 PUBLIC BENEFITS.—The total amount of reimburs6 able capital costs, as determined under paragraph 

7 (4), for a project modification that would increase 

8 public benefits without increasing municipal, indus9 trial, or irrigation benefits of a project, shall be re10 duced by 15 percent, with each project beneficiary to 

11 be responsible for 85 percent of the reimbursable 

12 costs that would otherwise be allocated to the project 

13 beneficiary. 

14 ‘‘(6) REIMBURSABLE FUNDS.—All reimbursable 

15 costs under this subsection shall be repaid in accord16 ance with subsection (b).’’. 

17 SEC. 108. USE OF REVENUE TO IMPROVE DROUGHT RESIL18 IENCE OR DAM SAFETY. 

19 (a) DEFINITIONS.—In this section: 

20 (1) DAM SAFETY INVESTMENT.—The term 

21 ‘‘dam safety investment’’ means a project to satisfy 

22 dam safety standards— 

23 (A) under the Federal Guidelines for Dam 

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1 agement Agency or the Interagency Committee 

2 on Dam Safety; 

3 (B) under the Bureau of Reclamation Dam 

4 Safety Program, including repayment of an ob5 ligation for a corrective action taken pursuant 

6 to that program; or 

7 (C) required by the State in which a Bu8 reau of Reclamation project or facility is lo9 cated. 

10 (2) DROUGHT RESILIENCE INVESTMENT.—The 

11 term ‘‘drought resilience investment’’ means— 

12 (A) an improvement or addition to an eligi13 ble facility that will increase drought resilience 

14 in a Reclamation State; or 

15 (B) annual payments on repayment obliga16 tions incurred under section 9603 of the Omni17 bus Public Land Management Act of 2009 (43 

18 U.S.C. 510b). 

19 (3) ELIGIBLE FACILITY.—The term ‘‘eligible fa20 cility’’ means— 

21 (A) a project or facility owned by the Bu22 reau of Reclamation; and 

23 (B) a non-Federal facility that stores, 

24 transports, or delivers water to or from a Bu25 reau of Reclamation project or facility. 


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1 (4) ELIGIBLE TEMPORARY TRANSFER.—The 

2 term ‘‘eligible temporary transfer’’ means the tem3 porary and voluntary selling, leasing, or exchanging 

4 of water or water rights among individuals or agen5 cies that is allowable under the reclamation laws and 

6 the water law of the applicable State. 

7 (5) TRANSFEROR.—The term ‘‘transferor’’ 

8 means the holder of a water service, transferred 

9 works, water repayment, or other contract that enti10 tles the holder to water from a Bureau of Reclama11 tion project or facility that undertakes an eligible 

12 temporary transfer. 

13 (b) USE OF REVENUE FOR DROUGHT RESILIENCE

14 INVESTMENTS OR DAM SAFETY INVESTMENTS.— 

15 (1) IN GENERAL.—Notwithstanding the Act of 

16 February 25, 1920 (41 Stat. 451, chapter 86; 43 

17 U.S.C. 521), or subsection J of section 4 of the Act 

18 of December 5, 1924 (43 Stat. 703, chapter 4; 43 

19 U.S.C. 526), all amounts derived from an eligible 

20 temporary transfer that would otherwise be depos21 ited in the reclamation fund established by the first 

22 section of the Act of June 17, 1902 (32 Stat. 388, 

23 chapter 1093; 43 U.S.C. 391), shall remain available 

24 to the transferor. 


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1 (2) USE OF FUNDS.—Any funds retained by a 

2 transferor under paragraph (1) may be— 

3 (A) used for a drought resilience invest4 ment or dam safety investment; or 

5 (B) placed in the reserve account of the 

6 transferor, to be used for future drought resil7 ience investments or dam safety investments, 

8 subject to paragraph (3). 

9 (3) TRANSFER OF UNUSED FUNDS TO REC10 LAMATION FUND.—Any funds placed in the reserve 

11 account of the transferor pursuant to paragraph 

12 (2)(B) that are not used for drought resilience in13 vestments or dam safety investments by the date 

14 that is 10 years after the date of the placement shall 

15 be transferred to the reclamation fund established by 

16 the first section of the Act of June 17, 1902 (32 

17 Stat. 388, chapter 1093). 

18 (4) REPORTING.—The transferor shall report to 

19 the Commissioner of Reclamation on the use of any 

20 uses of funds derived from an eligible temporary 

21 transfer. 

22 (5) EFFECT OF SECTION.— 

23 (A) IN GENERAL.—Nothing in this sec24 tion— 


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1 (i) affects any other authority of the 

2 Secretary to use amounts derived from rev3 enues from a Bureau of Reclamation 

4 project; or 

5 (ii) creates, impairs, alters, or super6 sedes a State water right. 

7 (B) APPLICABLE LAW.—Any eligible tem8 porary transfer shall comply with all applica9 ble— 

10 (i) State water laws; 

11 (ii) Federal laws and policies; and 

12 (iii) interstate water compacts. 

13 (c) RECLAMATION LAWS.—This section supplements 

14 and amends the Act of June 17, 1902 (32 Stat. 388, chap15 ter 1093), and Acts supplemental to and amendatory of 

16 that Act (43 U.S.C. 371 et seq.). 

17 TITLE II—IMPROVED 

18 TECHNOLOGY AND DATA 

19 SEC. 201. REAUTHORIZATION OF THE TRANSBOUNDARY AQ20 UIFER ASSESSMENT PROGRAM. 

21 (a) DESIGNATION OF PRIORITY TRANSBOUNDARY

22 AQUIFERS.—Section 4(c)(2) of the United States-Mexico 

23 Transboundary Aquifer Assessment Act (42 U.S.C. 1962 

24 note; Public Law 109–448) is amended by striking ‘‘New 

25 Mexico or Texas’’ and inserting ‘‘New Mexico, Texas, or 


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1 Arizona (other than an aquifer underlying Arizona and 

2 Sonora, Mexico, that is partially within the Yuma ground3 water basin designated by the order of the Director of the 

4 Arizona Department of Water Resources dated June 21, 

5 1984)’’. 

6 (b) REAUTHORIZATION.— 

7 (1) AUTHORIZATION OF APPROPRIATIONS.— 

8 Section 8(a) of the United States-Mexico Trans9 boundary Aquifer Assessment Act (42 U.S.C. 1962 

10 note; Public Law 109–448) is amended by striking 

11 ‘‘$50,000,000 for the period of fiscal years 2007 

12 through 2016’’ and inserting ‘‘$50,000,000 for the 

13 period of fiscal years 2024 through 2028’’. 

14 (2) SUNSET OF AUTHORITY.—Section 9 of the 

15 United States-Mexico Transboundary Aquifer As16 sessment Act (42 U.S.C. 1962 note; Public Law 

17 109–448) is amended by striking ‘‘enactment of this 

18 Act’’ and inserting ‘‘enactment of the Support To 

19 Rehydrate the Environment, Agriculture, and Mu20 nicipalities Act’’. 


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1 TITLE III—ECOSYSTEM RES2 TORATION AND PROTECTION 

3 SEC. 301. ECOSYSTEM RESTORATION. 

4 (a) DEFINITIONS.—Section 40907 of the Infrastruc5 ture Investment and Jobs Act (43 U.S.C. 3207) is amend6 ed by striking subsection (a) and inserting the following: 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) COMMITTEE.—The term ‘Committee’ 

9 means the Integrated Water Management Federal 

10 Leadership Committee established under subsection 

11 (f)(1). 

12 ‘‘(2) ELIGIBLE APPLICANT.—The term ‘eligible 

13 applicant’ means— 

14 ‘‘(A) a State; 

15 ‘‘(B) a Tribal or local government; 

16 ‘‘(C) an organization with power, water de17 livery, or water storage authority; 

18 ‘‘(D) a regional authority; or 

19 ‘‘(E) a nonprofit conservation organization. 

20 ‘‘(3) PROJECT.—The term ‘project’ includes— 

21 ‘‘(A) planning, design, permitting, and 

22 preconstruction activities; 

23 ‘‘(B) construction, construction manage24 ment, replacement, and other similar activities; 


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1 ‘‘(C) management activities, including the 

2 acquisition of an interest in land or water, in3 cluding the acquisition of a conservation ease4 ment; 

5 ‘‘(D) research, development, demonstration 

6 (including the demonstration of the scalability 

7 of a project or activity), and monitoring; and 

8 ‘‘(E) project administration activities, in9 cluding the payment of fees associated with im10 plementing the project or activity.’’. 

11 (b) REQUIREMENTS.—Section 40907(c)(1) of the In12 frastructure Investment and Jobs Act (43 U.S.C. 

13 3207(c)(1)) is amended by striking subparagraph (B) and 

14 inserting the following: 

15 ‘‘(B) may not provide a grant to carry out 

16 a habitat restoration project the purpose of 

17 which is to meet existing environmental mitiga18 tion or compliance obligations that are express 

19 requirements of a permit or order issued under 

20 Federal or State law, unless such requirements 

21 expressly contemplate reliance on Federal fund22 ing in performance of the requirements.’’. 

23 (c) OTHER AMENDMENTS.—Section 40907 of the In24 frastructure Investment and Jobs Act (43 U.S.C. 3207) 

25 is amended by adding at the end the following: 


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1 ‘‘(e) OTHER ACTIONS.— 

2 ‘‘(1) IN GENERAL.—In addition to other activi3 ties authorized under this section, the Secretary may 

4 undertake actions and enter into contracts and 

5 agreements to implement projects that implement 

6 watershed health, including projects described in 

7 subsection (b)(3), that— 

8 ‘‘(A) accomplish 1 or more of the purposes 

9 described in subsection (b); and 

10 ‘‘(B) are consistent with the requirements 

11 described in subsection (c). 

12 ‘‘(2) REIMBURSABILITY.—The expenditures of 

13 the Secretary under this subsection and subsection 

14 (f) shall be nonreimbursable. 

15 ‘‘(f) ‘LEAVE BEHIND’ WATER TRANSFERS.— 

16 ‘‘(1) PURPOSE.—The purpose of this subsection 

17 is to authorize the Secretary to address habitat 

18 needs and promote collaborative, multi-benefit water 

19 management through water sharing arrangements 

20 that incorporate habitat and other public benefits 

21 into voluntary crop idling water transfers. 

22 ‘‘(2) AUTHORIZATION OF ACQUISITION.—In ap23 proving a water transfer within a Federal reclama24 tion project that results in voluntary fallowing of 

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1 San Joaquin River Delta, the Secretary may acquire 

2 a portion of the volume of water made available for 

3 transfer if the Secretary determines that crop land 

4 idled because of the transfer would create temporary 

5 wildlife habitat with the application of the acquired 

6 water, subject to paragraph (3). 

7 ‘‘(3) REQUIREMENTS.—In acquiring water pur8 suant to paragraph (2), the Secretary shall— 

9 ‘‘(A) develop implementation guidelines in 

10 consultation with relevant stakeholders; 

11 ‘‘(B) only acquire a portion of the volume 

12 of water made available for transfer if the 

13 transferor and the transferee agree to the ac14 quisition; 

15 ‘‘(C) negotiate a mutually agreeable vol16 ume of water for acquisition with the transferor 

17 and the transferee; 

18 ‘‘(D) pay not more per volume of water 

19 than the price negotiated between the trans20 feror and transferee for the water to be trans21 ferred; 

22 ‘‘(E) compensate the transferor for any 

23 reasonable incremental costs associated with 

24 managing the water acquired to create tem25 porary wildlife habitat; and 


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1 ‘‘(F) apply the acquired water to idled crop 

2 land to create temporary wildlife habitat. 

3 ‘‘(4) PRIORITIZATION.—The Secretary shall 

4 give priority to approving and facilitating transfers 

5 under this subsection that incorporate voluntary 

6 habitat and other public benefits that exceed the 

7 benefits provided under regulatory requirements. 

8 ‘‘(5) TREATMENT.—Water acquired by the Sec9 retary under paragraph (2) shall be in addition to, 

10 and not a substitute for, actions required to meet 

11 obligations under existing law, including— 

12 ‘‘(A) the Central Valley Project Improve13 ment Act (title XXXIV of Public Law 102–575; 

14 106 Stat. 4706); and 

15 ‘‘(B) the Endangered Species Act of 1973 

16 (16 U.S.C. 1531 et seq.). 

17 ‘‘(6) REPORTING.—The Secretary shall annu18 ally submit to the authorizing committees of Con19 gress (as defined in section 2 of the Support To Re20 hydrate the Environment, Agriculture, and Munici21 palities Act) a report that describes, for the period 

22 covered by the report— 

23 ‘‘(A) the volume of water acquired under 

24 paragraph (2); and 


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1 ‘‘(B) the extent and duration of temporary 

2 wildlife habitat created under that paragraph. 

3 ‘‘(g) INTEGRATED WATER MANAGEMENT FEDERAL

4 LEADERSHIP COMMITTEE FOR ASSISTING PROJECTS AT

5 THE REQUEST OF A SPONSOR.— 

6 ‘‘(1) ESTABLISHMENT.—Not later than 180 

7 days after the date on which an eligible entity or 

8 qualified partner sponsoring a habitat restoration 

9 project that receives a grant under this section sub10 mits to the Secretary a request for the establishment 

11 of the Integrated Water Management Federal Lead12 ership Committee, the Secretary shall establish the 

13 Integrated Water Management Federal Leadership 

14 Committee. 

15 ‘‘(2) CHAIRPERSON.—The Assistant Secretary 

16 for Water and Science of the Department of the In17 terior shall— 

18 ‘‘(A) serve as the chairperson of the Com19 mittee; and 

20 ‘‘(B) coordinate the activities of, and com21 munication among, members of the Committee. 

22 ‘‘(3) MEMBERSHIP.—The Committee shall in23 clude representatives of Federal agencies with re24 sponsibility for water and natural resource issues, 

25 including representatives of— 


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1 ‘‘(A) the Bureau of Reclamation; 

2 ‘‘(B) the United States Fish and Wildlife 

3 Service; 

4 ‘‘(C) the National Marine Fisheries Serv5 ice; 

6 ‘‘(D) the Corps of Engineers; 

7 ‘‘(E) the Environmental Protection Agen8 cy; and 

9 ‘‘(F) the Department of Agriculture. 

10 ‘‘(4) DUTIES AND RESPONSIBILITIES.—The 

11 members of the Committee shall establish the duties 

12 and responsibilities of the Committee, including— 

13 ‘‘(A) facilitating communication and col14 laboration among Federal agencies to support 

15 and advance any projects for which an eligible 

16 entity or qualified partner requests the assist17 ance of the Committee; 

18 ‘‘(B) ensuring the effective coordination 

19 among relevant Federal agencies and depart20 ments to ensure accelerated implementation of 

21 any projects for which an eligible entity or 

22 qualified partner requests the assistance of the 

23 Committee; and 

24 ‘‘(C) making policy and budgetary rec25 ommendations, if determined to be appropriate 


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1 by the Committee, to support the implementa2 tion of projects. 

3 ‘‘(5) PROJECT ASSISTANCE.—On request of an 

4 eligible entity or a qualified partner for a habitat 

5 restoration project, the Committee shall assist that 

6 project with permit processing and interagency co7 ordination. 

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—In ad9 dition to amounts made available under section 

10 40901(11), there is authorized to be appropriated to the 

11 Secretary $250,000,000 to carry out this section for the 

12 period of fiscal years 2024 through 2028, of which— 

13 ‘‘(1) $150,000,000 shall be made available for 

14 the competitive grant program described in sub15 section (b); and 

16 ‘‘(2) $100,000,000 shall be made available for 

17 other actions described in subsection (e) and to 

18 carry out subsection (f). 

19 ‘‘(i) APPLICABLE LAW.—Nothing in this section af20 fects or modifies— 

21 ‘‘(1) the obligations of the Secretary under— 

22 ‘‘(A) the reclamation laws; or 

23 ‘‘(B) Federal environmental laws, includ24 ing— 


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1 ‘‘(i) the Central Valley Project Im2 provement Act (title XXXIV of Public Law 

3 102–575; 106 Stat. 4706); and 

4 ‘‘(ii) the Endangered Species Act of 

5 1973 (16 U.S.C. 1531 et seq.); or 

6 ‘‘(2) the obligations of a non-Federal party to 

7 comply with applicable Federal and State laws.’’. 

8 SEC. 302. PERFORMANCE-BASED RESTORATION AUTHOR9 ITY. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ELIGIBLE PROJECT.—The term ‘‘eligible 

12 project’’ means a habitat or ecosystem restoration, 

13 mitigation, or enhancement project or activity au14 thorized individually or through an existing Federal 

15 program. 

16 (2) ELIGIBLE RESTORATION PROVIDER.—The 

17 term ‘‘eligible restoration provider’’ means a non18 Federal for-profit or nonprofit organization, com19 pany, or corporation, or a State, Tribal, or local gov20 ernment, that is bonded, insured, and experienced in 

21 financing and completing successful habitat and res22 toration, mitigation, and enhancement activities. 

23 (3) PERFORMANCE-BASED.—The term ‘‘per24 formance-based’’ means, with respect to a contract, 

25 grant agreement, cooperative agreement, or fixed 


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1 amount award, a pay-for-performance, pay-for-suc2 cess, pay-for-results, or similar model by which the 

3 restoration provider agrees to finance and complete 

4 habitat or ecosystem restoration, mitigation, or en5 hancement activities, with payment to the restora6 tion provider linked to delivery of verifiable and suc7 cessful ecological performance, based on metrics and 

8 the timeframe established in advance by the Sec9 retary. 

10 (4) RESTORATION PROVIDER.—The term ‘‘res11 toration provider’’ means a non-Federal organization 

12 that performs restoration services contracted for, 

13 agreed to, or awarded under a contract or agreement 

14 entered into under subsection (b)(1). 

15 (b) AUTHORIZATION.— 

16 (1) IN GENERAL.—Subject to subsection (j), in 

17 implementing existing authorities under Federal law 

18 related to habitat and ecosystem restoration, mitiga19 tion, or enhancement, the Secretary may enter into 

20 performance-based contracts, grant agreements, and 

21 cooperative agreements, including providing funding 

22 through fixed amount awards, with eligible restora23 tion providers for the conduct of eligible projects for 

24 which ecological targets and outcomes are— 

25 (A) clearly defined; 


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1 (B) agreed to in advance; and 

2 (C) capable of being successfully achieved. 

3 (2) PERFORMANCE-BASED CONTRACTS.—For 

4 purposes of paragraph (1), the Secretary may enter 

5 into performance-based contracts with eligible res6 toration providers experienced in financing and com7 pleting successful ecological habitat and restoration, 

8 mitigation, and enhancement activities. 

9 (3) GRANTS AND AWARDS.—For purposes of 

10 paragraph (1), the Secretary— 

11 (A) may provide funding through grant 

12 agreements and cooperative agreements, includ13 ing fixed amount awards, for eligible projects; 

14 and 

15 (B) shall allow for the use of performance16 based tools in the agreements and awards de17 scribed in subparagraph (A). 

18 (4) PASS-THROUGH GRANTS AND AWARDS.— 

19 For purposes of paragraph (1), the Secretary— 

20 (A) may allow funding provided to States, 

21 local governments, Indian Tribes, and nonprofit 

22 organizations to be passed through to third23 party eligible restoration providers under a con24 tract or agreement entered into under that 

25 paragraph; and 


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1 (B) shall allow for the use of performance2 based tools in grant and cooperative agreements 

3 entered into with eligible restoration providers 

4 under that paragraph. 

5 (5) MULTI-YEAR AGREEMENTS.—The Secretary 

6 may use performance-based contracts, grant agree7 ments, and cooperative agreements, including fixed 

8 amount awards, issued under this section for multi9 year agreements, including capacity for multi-year 

10 payment schedules for professional services, subject 

11 to appropriations prior to obligation. 

12 (c) GUIDELINES.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the date of enactment of this Act, the Secretary 

15 shall develop programmatic guidelines for the use of 

16 performance-based contracts, grant agreements, and 

17 cooperative agreements for eligible projects author18 ized under subsection (b)(1). 

19 (2) CONSULTATION REQUIRED.— 

20 (A) IN GENERAL.—In developing the 

21 guidelines under paragraph (1), the Secretary 

22 shall consult with external organizations and 

23 other appropriate entities with experience in 

24 performance-based contracts, agreements, or 


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1 awards, consistent with sections 6302 through 

2 6305 of title 31, United States Code. 

3 (B) LIMITATION.—Consultation with the 

4 organizations and entities described in subpara5 graph (A) shall not constitute or necessitate es6 tablishment of an advisory committee under the 

7 Federal Advisory Committee Act (5 U.S.C. 

8 App.). 

9 (3) REQUIREMENTS.—At a minimum, guide10 lines developed under paragraph (1) shall include 

11 guidance on— 

12 (A) appropriate proposal and evaluation 

13 criteria for eligible projects; 

14 (B) eligibility criteria for restoration pro15 viders; 

16 (C) criteria for defining achievable ecologi17 cal outcomes; and 

18 (D) determination of restoration provider 

19 financial assurances sufficient to ensure ecologi20 cal outcomes will be successfully achieved. 

21 (d) IDENTIFICATION OF ELIGIBLE PROJECTS.—The 

22 Secretary shall— 

23 (1) identify eligible projects for the use of con24 tracts and agreements under subsection (b)(1); and 


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1 (2) issue a request for proposals from eligible 

2 restoration providers to meet the ecological require3 ments of habitat and ecosystem restoration, mitiga4 tion, and enhancement for the eligible projects iden5 tified under paragraph (1). 

6 (e) CERTIFICATION.—After the date on which an eli7 gible project identified under subsection (d)(1) is com8 pleted, the Secretary shall certify that the work on the 

9 eligible project was completed in accordance with the eco10 logical requirements and outcomes defined in advance in 

11 the applicable contract or agreement. 

12 (f) TECHNICAL ASSISTANCE.—At the request of an 

13 eligible restoration provider entering into a contract or 

14 agreement with the Secretary under subsection (b)(1), the 

15 Secretary may provide to the eligible restoration provider 

16 technical assistance with respect to— 

17 (1) conducting a study, engineering activity, or 

18 design activity related to an eligible project carried 

19 out by the eligible restoration provider under this 

20 section; and 

21 (2) obtaining permits necessary for the eligible 

22 project. 

23 (g) EFFECT.—Nothing in this section authorizes the 

24 Secretary to waive— 

25 (1) the obligations of the Secretary under— 


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1 (A) the National Environmental Policy Act 

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

3 (B) the Endangered Species Act of 1973 

4 (16 U.S.C. 1531 et seq.); 

5 (C) the Federal Water Pollution Control 

6 Act (33 U.S.C. 1251 et seq.); or 

7 (D) any other provision of Federal environ8 mental law; or 

9 (2) the obligations of a non-Federal party to 

10 comply with applicable Federal and State laws. 

11 (h) NON-FEDERAL FUNDING.—The restoration pro12 vider may finance the applicable non-Federal share of an 

13 eligible project carried out under the authority provided 

14 under subsection (b)(1), on the condition that the non15 Federal cost-share responsibility remains with the non16 Federal party. 

17 (i) COST SHARE.—Nothing in this section affects a 

18 cost-sharing requirement under Federal law that is appli19 cable to an eligible project carried out under the authority 

20 provided under subsection (b)(1). 

21 (j) MITIGATION.—Nothing in this section authorizes 

22 Federal funding to meet existing environmental mitigation 

23 or compliance obligations that are express requirements 

24 of a permit or order issued under Federal or State law, 


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1 unless the requirements expressly contemplate reliance on 

2 Federal funding for the performance of the requirements. 

3 (k) REPORT.— 

4 (1) IN GENERAL.—Not later than 3 years after 

5 the date of enactment of this Act, the Secretary 

6 shall— 

7 (A) submit to the authorizing committees 

8 of Congress and make publicly available a re9 port describing the results of activities carried 

10 out under the authority established under sub11 section (b)(1), including any recommendations 

12 of the Secretary on whether the authority or 

13 any component of the authorized activities 

14 should be implemented on a national basis; and 

15 (B) except as provided in subsection (g), 

16 identify any procedural requirements that im17 pede the use of performance-based contracts, 

18 grants, and cooperative agreements, including 

19 fixed amount awards, for the development and 

20 completion of eligible projects. 

21 (2) ADDRESSING IMPEDIMENTS.—Not later 

22 than 1 year after the date on which the Secretary 

23 identifies impediments, if any, under paragraph 

24 (1)(B), the Secretary shall develop and implement 

25 programmatic procedures and approaches, including 


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1 recommendations to the authorizing committees of 

2 Congress on legislation, that would— 

3 (A) to the extent practicable, address the 

4 impediments; and 

5 (B) protect the public interest and any 

6 public investment in eligible projects carried out 

7 under this section. 

8 TITLE IV—MISCELLANEOUS 

9 SEC. 401. MODIFICATIONS TO DROUGHT PROGRAM UNDER 

10 THE RECLAMATION STATES EMERGENCY 

11 DROUGHT RELIEF ACT OF 1991. 

12 (a) ASSISTANCE DURING DROUGHT; WATER PUR13 CHASES.—Section 101 of the Reclamation States Emer14 gency Drought Relief Act of 1991 (43 U.S.C. 2211) is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) in the first sentence, by striking ‘‘Con18 sistent’’ and inserting the following: 

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

20 and consistent’’; 

21 (B) in paragraph (1) (as so designated), in 

22 the second sentence, by striking ‘‘Any construc23 tion activities’’ and inserting the following: 

24 ‘‘(2) LIMITATION.—Any construction activi25 ties’’; and 


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1 (C) in paragraph (2) (as so designated), by 

2 striking ‘‘except that’’ and all that follows 

3 through the period at the end and inserting the 

4 following: ‘‘except that the following may be 

5 permanent facilities: 

6 ‘‘(A) A construction project— 

7 ‘‘(i) for which Federal expenditures 

8 are not more than $30,000,000; and 

9 ‘‘(ii) that is supported by— 

10 ‘‘(I) the Governor or the relevant 

11 agency head of the affected State; or 

12 ‘‘(II) if the construction project 

13 is on a reservation, by the affected In14 dian Tribe. 

15 ‘‘(B) A well drilled to minimize losses and 

16 damages from drought conditions that— 

17 ‘‘(i) aligns with applicable local, State, 

18 or regional groundwater sustainability 

19 goals; or 

20 ‘‘(ii) supports drinking water supplies 

21 for a disadvantaged community (as defined 

22 in section 2 of the Support To Rehydrate 

23 the Environment, Agriculture, and Munici24 palities Act) or Indian Tribe.’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(e) FUNDING FOR FEE-BASED ENVIRONMENTAL

2 PROGRAMS.— 

3 ‘‘(1) IN GENERAL.—For any fiscal year for 

4 which, due to a drought, as determined by the Sec5 retary, there are insufficient funds to carry out any 

6 environmental program that is funded in whole or in 

7 part by fees based on the water volume of water de8 livered by a Federal reclamation project (including 

9 fees collected under section 3407(c) of the Reclama10 tion Projects Authorization and Adjustment Act of 

11 1992 (Public Law 102–575; 106 Stat. 4726)), the 

12 Secretary may use other unobligated amounts made 

13 available to the Secretary to carry out the environ14 mental program for the fiscal year. 

15 ‘‘(2) NONREIMBURSABLE FUNDS.—Notwith16 standing any other provision of law, amounts made 

17 available under paragraph (1) shall be nonreimburs18 able. 

19 ‘‘(3) EFFECT.—Nothing in this subsection af20 fects— 

21 ‘‘(A) the authority of the Secretary to ad22 dress insufficient funding for an environmental 

23 program described in paragraph (1) that is not 

24 a result of a drought; or 


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1 ‘‘(B) the obligations of the Secretary to the 

2 environment under Federal law.’’. 

3 (b) APPLICABLE PERIOD OF DROUGHT PROGRAM.— 

4 Section 104 of the Reclamation States Emergency 

5 Drought Relief Act of 1991 (43 U.S.C. 2214) is amend6 ed— 

7 (1) by striking subsection (a) and inserting the 

8 following: 

9 ‘‘(a) IN GENERAL.—The programs and authorities 

10 established under this title shall not become operative in 

11 any Reclamation State or in the State of Hawaii until the 

12 date on which— 

13 ‘‘(1)(A) the Governor of the affected State, and 

14 the governing body of the affected Indian Tribe with 

15 respect to a reservation, has made a request for tem16 porary drought assistance; and 

17 ‘‘(B) the Secretary has determined that the 

18 temporary assistance is merited; 

19 ‘‘(2) a drought emergency has been declared for 

20 a State or portion of a State by the Governor of 

21 each affected State; or 

22 ‘‘(3) a drought contingency plan is approved in 

23 accordance with title II.’’; and 

24 (2) in subsection (c), by striking ‘‘2021’’ and 

25 inserting ‘‘2031’’. 


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1 (c) MUNICIPAL WELLS; FUNDING UNDER THE IN2 FRASTRUCTURE INVESTMENT AND JOBS ACT.—Section 

3 9504(a)(3) of the Omnibus Public Land Management Act 

4 of 2009 (42 U.S.C. 10364(a)(3)) is amended by adding 

5 at the end the following: 

6 ‘‘(G) MUNICIPAL WELLS.—A grant or 

7 agreement entered into by the Secretary with 

8 any eligible applicant under paragraph (1) to 

9 drill a groundwater well for municipal supply to 

10 minimize losses and damages from drought con11 ditions, including construction activities to 

12 transport or otherwise convey groundwater 

13 pumped from the well, shall not contribute to 

14 an increase in the net water use of the eligible 

15 applicant beyond the period of any drought 

16 emergency, except if— 

17 ‘‘(i) the groundwater well is for the 

18 purpose of supplying drinking water for a 

19 disadvantaged community (as defined in 

20 section 2 of the Support To Rehydrate the 

21 Environment, Agriculture, and Municipali22 ties Act) or Indian Tribe; or 

23 ‘‘(ii) the new groundwater use is par24 tially offset by aquatic habitat enhance25 ment— 


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1 ‘‘(I) during the drought period; 

2 or 

3 ‘‘(II) over the long-term, includ4 ing a future drought period. 

5 ‘‘(H) FUNDING UNDER THE INFRASTRUC6 TURE INVESTMENT AND JOBS ACT.—For pur7 poses of amounts made available to carry out 

8 this section under paragraph (7) of section 

9 40901 of the Infrastructure Investment and 

10 Jobs Act (43 U.S.C. 3201) for each of fiscal 

11 years 2025 and 2026, projects or activities eli12 gible for funding under that paragraph may in13 clude a combination of proposed planning ac14 tivities, actions, or projects within a basin, with 

15 the maximum amount of the combined activities 

16 not to exceed the maximum amount established 

17 under subparagraph (E)(iii).’’. 

18 SEC. 402. CLARIFICATION OF AUTHORITY TO USE 

19 CORONAVIRUS FISCAL RECOVERY FUNDS TO 

20 MEET A NON-FEDERAL MATCHING REQUIRE21 MENT FOR AUTHORIZED WATER PROJECTS. 

22 (a) CORONAVIRUS STATE FISCAL RECOVERY

23 FUND.—Section 602(c)(4) of the Social Security Act (42 

24 U.S.C. 802(c)(4)) is amended— 


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1 (1) in the paragraph heading, by striking ‘‘BU2 REAU OF RECLAMATION’’; and 

3 (2) by striking ‘‘an authorized Bureau of Rec4 lamation project’’ and inserting ‘‘a project under5 taken or funded by the Bureau of Reclamation pur6 suant to an Act of Congress’’. 

7 (b) CORONAVIRUS LOCAL FISCAL RECOVERY

8 FUND.—Section 603(c)(5) of the Social Security Act (42 

9 U.S.C. 803(c)(5)) is amended by striking ‘‘an authorized 

10 Bureau of Reclamation project’’ and inserting ‘‘a project 

11 undertaken or funded by the Bureau of Reclamation pur12 suant to an Act of Congress’’. 

13 SEC. 403. ENVIRONMENTAL COMPLIANCE. 

14 No water recycling project, non-Federal storage 

15 project, eligible desalination project, project eligible for a 

16 loan under the pilot program under section 105, or a 

17 project eligible for a grant under section 106 shall receive 

18 Federal funding under this Act unless the applicable 

19 project complies with— 

20 (1) applicable Federal environmental laws; and 

21 (2) applicable State environmental laws. 

22 SEC. 404. EFFECT. 

23 Nothing in this Act or an amendment made by this 

24 Act shall be interpreted or implemented in a manner that 

25 interferes with any obligation of a State under the Rio 


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1 Grande Compact or any other compact approved by Con2 gress under the Act of May 31, 1939 (53 Stat. 785, chap3 ter 155), or any litigation relating to the Rio Grande Com4 pact or other compact. 

Æ 


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