I 
117TH CONGRESS 
1ST SESSION H. R. 3404 
To provide drought preparedness and improved water supply reliability to 
the Nation. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2021 
Mr. HUFFMAN (for himself, Mrs. NAPOLITANO, Mr. LEVIN of California, Mr. 
DESAULNIER, Mr. VARGAS, Ms. DEGETTE, and Mr. GRIJALVA) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources, and in addition to the Committees on Science, Space, and 
Technology, Ways and Means, Transportation and Infrastructure, the Ju-
diciary, and Energy and Commerce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To provide drought preparedness and improved water supply 
reliability to the Nation. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Furthering Underutilized Technologies and Unleashing 
Responsible Expenditures for Western Water Infrastruc-
ture and Drought Resiliency Act’’ or the ‘‘FUTURE 
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Western Water Infrastructure and Drought Resiliency 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—INFRASTRUCTURE DEVELOPMENT 
Sec. 101. Competitive grant program for the funding of water recycling and 
reuse projects. 
Sec. 102. Storage project development reports to Congress. 
Sec. 103. Funding for storage and supporting projects. 
Sec. 104. Extension of existing requirements for grandfathered storage 
projects. 
Sec. 105. Desalination project development. 
Sec. 106. Assistance for disadvantaged communities without adequate drinking 
water. 
Sec. 107. Water infrastructure fund. 
TITLE II—IMPROVED TECHNOLOGY AND DATA 
Sec. 201. Reauthorization of water availability and use assessment program. 
Sec. 202. Modifications to income exclusion for conservation subsidies. 
Sec. 203. X-prize for water technology breakthroughs. 
Sec. 204. Study examining sediment transport. 
Sec. 205. Federal priority streamgages. 
Sec. 206. Study examining climate vulnerabilities at Federal dams. 
Sec. 207. Innovative technology adoption. 
Sec. 208. Forecast-informed water control manual updates. 
TITLE III—ECOSYSTEM PROTECTION AND RESTORATION 
Sec. 301. Waterbird habitat creation program. 
Sec. 302. Competitive grant program for the funding of watershed health 
projects. 
Sec. 303. Support for refuge water deliveries. 
Sec. 304. Drought planning and preparedness for critically important fisheries. 
Sec. 305. Reauthorization of the Fisheries Restoration and Irrigation Mitiga-
tion Act of 2000. 
Sec. 306. Combating water theft for illegal marijuana cultivation. 
Sec. 307. Sustaining biodiversity during droughts. 
TITLE IV—WATER JOB TRAINING AND EDUCATION 
Sec. 401. Water resource education. 
Sec. 402. Water sector career grant programs. 
TITLE V—MISCELLANEOUS 
Sec. 501. Offset. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) As expressed in the Water Supply Act of 
1958, Congress has recognized the primary respon-
sibilities of the States and local interests in devel-
oping water supplies for domestic, municipal, indus-
trial, and other purposes, and that the Federal Gov-
ernment should participate and cooperate in these 
projects. 
(2) There is a long and robust legal precedent 
of Federal deference to State primacy in water law 
and the legal system that States establish for resolv-
ing disputes over water use, with the Supreme Court 
finding in Kansas v. Colorado that ‘‘Congress cannot 
enforce either rule upon any State’’ in matters of 
the right regulation of water rights. 
(3) The entire American West and Southwest 
are facing forecasts of prolonged droughts that will 
leave States facing major water shortages and cata-
strophic wildfires. 
(4) Recent periods of drought in the American 
West have also occurred with higher temperatures 
and reduced snowpack and led to what climate sci-
entists recently concluded was possibly the most se-
vere drought in California in over 1,200 years. 
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(5) The Colorado River has been under drought 
conditions since 2000, and the chances of a 
‘‘megadrought’’ striking the Southwest and central 
Great Plains are on the rise according to forecasts 
from climate scientists. 
(6) Addressing water shortages today and in 
the future will require action from the Federal Gov-
ernment that respects State, local, and Tribal law, 
and that the policies that respond to droughts 
should not pit State against State, region against re-
gion, or stakeholders against one another. 
(7) Congress recognizes the range of separate, 
distinct Federal agencies with authorities and re-
sources that play a role in water supply, including 
treatment and remediation of groundwater, surface 
water storage, water recycling and reuse, and other 
clean water infrastructure, and to avoid duplication 
and ensure the efficiency and effectiveness of these 
various Federal roles, there is a need for improved 
coordination, streamlining, and collaboration, both 
among Federal agencies and with drought-impacted 
States and localities. 
(8) It is the policy of the United States to re-
spect California’s coequal goals, established by the 
Delta Reform Act of 2009, of providing a more reli-
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able water supply for California and protecting, re-
storing, and enhancing the Delta ecosystem, and 
these coequal goals shall be achieved in a manner 
that protects and enhances the unique cultural, rec-
reational, natural resource, and agricultural values 
of the Delta as an evolving place. 
(9) The State of California, in CA Water Code 
section 85021, has established a policy to reduce re-
liance on the Delta in meeting California’s future 
water supply needs through a statewide strategy of 
investing in improved regional supplies, conservation, 
and water use efficiency; California law directs each 
region that depends on water from the Delta water-
shed to improve its regional self-reliance for water 
through investment in water use efficiency, water re-
cycling, advanced water technologies, local and re-
gional water supply projects, and improved regional 
coordination of local and regional water supply ef-
forts; and it is the intent of Congress to ensure that 
Federal programs, policies, and investments respect 
and compliment, and do not undermine or conflict 
with, California’s policy of reducing reliance on 
Delta diversions. 
(10) Federal agencies should operate the Bu-
reau of Reclamation’s Central Valley Project in Cali-
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fornia in compliance with all Federal and State laws, 
including biological opinions, while working with the 
State to maximize operational flexibility in order to 
deliver as much water as reasonably possible to 
drought-impacted areas and minimize the harm suf-
fered by fish and wildlife as a result of drought. 
(11) The Reclamation Fund was established in 
1902 with the express purpose of providing for the 
construction and maintenance of water infrastruc-
ture for the economic development of the Western 
States and territories, with revenues deposited into 
the fund out of public land sales within these West-
ern States and territories. 
(12) Since 1902, the Reclamation Fund has 
been supplemented with additional revenues from 
Federal water resources development and mineral 
and natural resource leases on Federal lands, such 
that the surplus within the Reclamation Fund now 
exceeds $17,000,000,000. 
(13) The Reclamation Fund represents a trans-
fer of a portion of receipts from Federal lands and 
Federal natural resources in the West back to the 
West for water development, and the Reclamation 
Fund’s surplus should be used to assist the West in 
meeting its water needs for public health and safety, 
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for expanding water recycling, reuse, and reclama-
tion, and for meeting the emergency needs of com-
munities impacted by drought. 
(14) The Federal funding provided in this Act 
will support near-term and long-term water supply 
reliability for the Western States, including through 
the use of the Reclamation Fund surplus to support 
long-term water infrastructure investment. 
(15) The Federal funding authorized in title I 
of this Act can help provide additional water sup-
plies to the Western States in the near-term, includ-
ing 650,000 acre-feet per year in additional average 
yield through water reuse projects, 350,000 acre-feet 
per year in additional average yield through water 
storage projects, and 100,000 acre-feet per year in 
additional average yield through water desalination 
projects. 
(16) Robust Federal investment and support is 
needed to assist the Western States in developing fu-
ture drought resiliency in the face of climate change, 
which will continue to exacerbate existing water sup-
ply challenges in an already arid region of the coun-
try. 
SEC. 3. DEFINITIONS. 
In this Act: 
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(1) RELEVANT COMMITTEES OF CONGRESS.— 
The term ‘‘relevant committees of Congress’’ 
means— 
(A) the Committee on Natural Resources 
of the House of Representatives; and 
(B) the Committee on Energy and Natural 
Resources of the Senate. 
(2) RECLAMATION
STATE.—The term ‘‘Rec-
lamation State’’ means a State or territory described 
in the first section of the Act of June 17, 1902 (32 
Stat. 388, chapter 1093; 43 U.S.C. 391). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, unless otherwise de-
fined in a particular provision. 
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304)). 
TITLE I—INFRASTRUCTURE 
DEVELOPMENT 
SEC. 101. COMPETITIVE GRANT PROGRAM FOR THE FUND-
ING OF WATER RECYCLING AND REUSE 
PROJECTS. 
(a) COMPETITIVE GRANT PROGRAM FOR THE FUND-
ING OF WATER RECYCLING AND REUSE PROJECTS.—Sec-
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tion 1602(f) of the Reclamation Wastewater and Ground-
water Study and Facilities Act (title XVI of Public Law 
102–575; 43 U.S.C. 390h et seq.) is amended by striking 
paragraphs (2) and (3) and inserting the following: 
‘‘(2) PRIORITY.—When funding projects under 
paragraph (1), the Secretary shall give funding pri-
ority to projects that meet one or more of the fol-
lowing criteria: 
‘‘(A) Projects that are likely to provide a 
more reliable water supply for States and local 
governments. 
‘‘(B) Projects that are likely to increase 
the water management flexibility and reduce 
impacts 
on 
environmental 
resources 
from 
projects operated by Federal and State agen-
cies. 
‘‘(C) Projects that are regional in nature. 
‘‘(D) Projects with multiple stakeholders. 
‘‘(E) Projects that provide multiple bene-
fits, including water supply reliability, eco-sys-
tem benefits, groundwater management and en-
hancements, and water quality improvements.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
1602(g) of the Reclamation Wastewater and Groundwater 
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Study and Facilities Act (title XVI of Public Law 102– 
575; 43 U.S.C. 390h et seq.) is amended— 
(1) by striking ‘‘$50,000,000’’ and inserting 
‘‘$500,000,000 through fiscal year 2025’’; and 
(2) by striking ‘‘if enacted appropriations legis-
lation designates funding to them by name,’’. 
(c) DURATION.—Section 4013 of the WIIN Act (43 
U.S.C. 390b(2)) is amended— 
(1) in paragraph (1), by striking ‘‘and’’; 
(2) in paragraph (2), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) section 4009(c).’’. 
(d) LIMITATION ON FUNDING.—Section 1631(d) of 
the Reclamation Wastewater and Groundwater Study and 
Facilities Act (43 U.S.C. 390h–13(d)) is amended by 
striking ‘‘$20,000,000 (October 1996 prices)’’ and insert-
ing ‘‘$30,000,000 (January 2019 prices)’’. 
SEC. 102. STORAGE PROJECT DEVELOPMENT REPORTS TO 
CONGRESS. 
(a) DEFINITIONS.—In this section: 
(1) 
NON-FEDERAL
INTEREST.—The 
term 
‘‘Non-Federal interest’’ means an eligible entity or a 
qualified partner (as defined in section 103(a)). 
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(2) PROJECT REPORT.—The term ‘‘project re-
port’’ means the following documents prepared for a 
Federal storage project or major federally assisted 
storage project (as defined in section 103(a)): 
(A) A feasibility study carried out pursu-
ant to the Act of June 17, 1902 (32 Stat. 388, 
chapter 1093), and Acts supplemental to and 
amendatory of that Act (43 U.S.C. 371 et seq.) 
including any feasibility or equivalent studies 
prepared for a project pursuant to section 
103(c)(7)(B) or section 103(d)(7)(B)(i) of this 
Act. 
(B) The Fish and Wildlife Coordination 
Act report described in section 103(g) of this 
Act prepared for a project. 
(C) Any final document prepared for a 
project pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(D) A brief description of any completed 
environmental permits, approvals, reviews, or 
studies required for a project under any Fed-
eral law other than the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(E) A description of any determinations 
made 
by 
the 
Secretary 
under 
section 
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103(d)(7)(A)(ii) for each project and the basis 
for such determinations. 
(3) PROJECT STUDY.— 
(A) FEDERAL
STORAGE
PROJECT.—With 
respect to a Federal storage project (as defined 
in section 103(a)), the term ‘‘project study’’ 
means a feasibility study carried out pursuant 
to the Act of June 17, 1902 (32 Stat. 388, 
chapter 1093), and Acts supplemental to and 
amendatory of that Act (43 U.S.C. 371 et seq.) 
including a feasibility study prepared pursuant 
to section 103(c)(7)(B) of this Act. 
(B) MAJOR FEDERALLY ASSISTED STOR-
AGE PROJECT.—With respect to a major feder-
ally assisted storage project (as defined in sec-
tion 103(a)), the term ‘‘project study’’ means 
the feasibility or equivalent studies prepared 
pursuant to section 103(d)(7)(B)(i) of this Act. 
(b) ANNUAL REPORTS.—Not later than February 1 
of each year, the Secretary shall develop and submit to 
the relevant committees of Congress an annual report, to 
be entitled ‘‘Report to Congress on Future Storage Project 
Development’’, that identifies the following: 
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(1) PROJECT
REPORTS.—Each project report 
that meets the criteria established in subsection 
(d)(1)(A). 
(2) PROPOSED
PROJECT
STUDIES.—Any pro-
posed project study submitted to the Secretary by a 
non-Federal interest pursuant to subsection (c) that 
meets 
the 
criteria 
established 
in 
subsection 
(d)(1)(A). 
(3) PROPOSED MODIFICATIONS.—Any proposed 
modification to an authorized project or project 
study that meets the criteria established in sub-
section (d)(1)(A) that— 
(A) is submitted to the Secretary by a non- 
Federal interest pursuant to subsection (c); or 
(B) is identified by the Secretary for au-
thorization. 
(c) REQUESTS FOR PROPOSALS.— 
(1) PUBLICATION.—Not later than May 1 of 
each year, the Secretary shall publish in the Federal 
Register a notice requesting proposals from non- 
Federal interests for project reports, proposed 
project studies, and proposed modifications to au-
thorized projects and project studies to be included 
in the annual report. 
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(2) DEADLINE FOR REQUESTS.—The Secretary 
shall include in each notice required by this sub-
section a requirement that non-Federal interests 
submit to the Secretary any proposals described in 
paragraph (1) by not later than 120 days after the 
date of publication of the notice in the Federal Reg-
ister in order for the proposals to be considered for 
inclusion in the annual report. 
(3) NOTIFICATION.—On the date of publication 
of each notice required by this subsection, the Sec-
retary shall— 
(A) make the notice publicly available, in-
cluding on the internet; and 
(B) provide written notification of the pub-
lication to the relevant committees of Congress. 
(d) CONTENTS.— 
(1) PROJECT
REPORTS, PROPOSED
PROJECT 
STUDIES, AND PROPOSED MODIFICATIONS.— 
(A) CRITERIA
FOR
INCLUSION
IN
RE-
PORT.—The Secretary shall include in the an-
nual report only those project reports, proposed 
project studies, and proposed modifications to 
authorized projects and project studies that— 
(i) are related to the missions and au-
thorities of the Department of the Interior; 
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(ii) require specific congressional au-
thorization, including by an Act of Con-
gress; 
(iii) have not been congressionally au-
thorized; 
(iv) have not been included in any 
previous annual report; and 
(v) if authorized, could be carried out 
by the Department of the Interior or a 
non-Federal entity eligible to carry out a 
major federally assisted storage project 
under section 103. 
(B) DESCRIPTION OF BENEFITS.— 
(i) 
DESCRIPTION.—The 
Secretary 
shall describe in the annual report, to the 
extent applicable and practicable, for each 
proposed project study and proposed modi-
fication to an authorized project or project 
study included in the annual report, the 
benefits, as described in clause (ii), of each 
such study or proposed modification. 
(ii) BENEFITS.—The benefits (or ex-
pected benefits, in the case of a proposed 
project study) described in this clause are 
benefits to— 
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(I) water supply and water man-
agement; 
(II) the environment, including 
fish and wildlife benefits estimated 
under section 103(g) for a project re-
port or proposed modification to an 
authorized project; 
(III) the protection of human life 
and property; 
(IV) the national economy; or 
(V) the national security inter-
ests of the United States. 
(C) IDENTIFICATION
OF
OTHER
FAC-
TORS.—The Secretary shall identify in the an-
nual report, to the extent practicable— 
(i) for each proposed project study in-
cluded in the annual report, the non-Fed-
eral interest that submitted the proposed 
project study pursuant to subsection (c); 
and 
(ii) for each proposed project study 
and proposed modification to a project or 
project study included in the annual re-
port, whether the non-Federal interest has 
demonstrated— 
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(iv) construction of— 
(I) the project that is the subject 
of— 
(aa) the project report; 
(bb) the proposed project 
study; or 
(cc) the authorized project 
study for which a modification is 
proposed; or 
(II) the proposed modification to 
a project; 
(B) a letter or statement of support for the 
project report, proposed project study, or pro-
posed modification to a project or project study 
from each associated non-Federal interest; 
(C) the purpose of the project report, pro-
posed project study, or proposed modification to 
a project or project study; 
(D) an estimate, to the extent practicable, 
of the Federal, non-Federal, and total costs 
of— 
(i) the proposed modification to an 
authorized project study; and 
(ii) construction of— 
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(I) the project that is the subject 
of— 
(aa) the project report; or 
(bb) the authorized project 
study for which a modification is 
proposed, with respect to the 
change in costs resulting from 
such modification; or 
(II) the proposed modification to 
an authorized project; and 
(E) an estimate, to the extent practicable, 
of the monetary and nonmonetary benefits of— 
(i) the project that is the subject of— 
(I) the project report; or 
(II) the authorized project study 
for which a modification is proposed, 
with respect to the benefits of such 
modification; or 
(ii) the proposed modification to an 
authorized project. 
(3) CERTIFICATION.—The Secretary shall in-
clude in the annual report a certification stating 
that each project report, proposed project study, and 
proposed modification to a project or project study 
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included in the annual report meets the criteria es-
tablished in paragraph (1)(A). 
(4) APPENDIX.—The Secretary shall include in 
the annual report an appendix listing the proposals 
submitted under subsection (c) that were not in-
cluded in the annual report under paragraph (1)(A) 
and a description of why the Secretary determined 
that those proposals did not meet the criteria for in-
clusion under such paragraph. 
(e) SPECIAL RULE FOR INITIAL ANNUAL REPORT.— 
Notwithstanding any other deadlines required by this sec-
tion, the Secretary shall— 
(1) not later than 60 days after the date of the 
enactment of this Act, publish in the Federal Reg-
ister a notice required by subsection (c)(1); and 
(2) include in such notice a requirement that 
non-Federal interests submit to the Secretary any 
proposals described in subsection (c)(1) by not later 
than 120 days after the date of publication of such 
notice in the Federal Register in order for such pro-
posals to be considered for inclusion in the first an-
nual report developed by the Secretary under this 
section. 
(f) PUBLICATION.—Upon submission of an annual 
report to Congress, the Secretary shall make the annual 
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report publicly available, including through publication on 
the Internet. 
(g) CONSULTATION.—The Secretary, acting through 
the Commissioner of Reclamation, shall confer with the 
relevant committees of Congress before submitting each 
annual report prepared under subsection (b). 
(h) SUBMISSION
OF
INDIVIDUAL
PROJECT
RE-
PORTS.—Upon completion, project reports, including all 
required documents and reports under subsection (b), 
shall— 
(1) be submitted to the relevant committees of 
Congress; and 
(2) include discussion of the following findings 
by the Secretary— 
(A) whether the project is deemed to be 
feasible in accordance with the applicable feasi-
bility standards under section 103 and the rec-
lamation laws; 
(B) the degree to which the project will 
provide benefits (or expected benefits, in the 
case of a proposed project study) as described 
in subsection (d)(1)(B)(ii) and other benefits 
under the reclamation laws; and 
(C) whether the project complies with Fed-
eral, State, and local laws. 
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SEC. 103. FUNDING FOR STORAGE AND SUPPORTING 
PROJECTS. 
(a) DEFINITIONS.—In this section: 
(1) DESIGN; STUDY.— 
(A) IN
GENERAL.—The terms ‘‘design’’ 
and ‘‘study’’ include any design, permitting, 
study (including a feasibility study), materials 
engineering 
or 
testing, 
surveying, 
or 
preconstruction activity relating to a Federal 
storage project, a major federally assisted stor-
age project, a natural water storage project, or 
a standard federally assisted storage project as 
defined in this subsection. 
(B) EXCLUSIONS.—The terms ‘‘design’’ 
and ‘‘study’’ do not include an appraisal study 
or other preliminary review intended to deter-
mine whether further study is appropriate for a 
Federal storage project, a major federally as-
sisted storage project, a natural water storage 
project, or a standard federally assisted storage 
project as defined in this subsection. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) any State, political subdivision of a 
State, department of a State, or public agency 
organized pursuant to State law; 
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(B) an Indian Tribe or an entity controlled 
by an Indian Tribe; 
(C) a water users’ association; 
(D) an agency established by an interstate 
compact; and 
(E) an agency established under State law 
for the joint exercise of powers. 
(3) FEDERAL
STORAGE
PROJECT.—The term 
‘‘Federal storage project’’ means— 
(A) any project in a Reclamation State 
that involves the construction, expansion, up-
grade, or capital repair of a water storage facil-
ity or a facility conveying water to or from a 
surface or groundwater storage facility— 
(i) to which the United States holds 
title; and 
(ii) that was authorized to be con-
structed, operated, and maintained pursu-
ant to— 
(I) the reclamation laws; or 
(II) the Act of August 11, 1939 
(commonly known as the Water Con-
servation and Utilization Act (16 
U.S.C. 590y et seq.)); or 
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(B) an ecosystem restoration project for 
watershed function, including a forest or water-
shed restoration project, that, consistent with 
maintaining and enhancing long-term ecological 
and hydrological function and resilience, bene-
fits the quality, timing, and other qualities of 
water available for release on a long-term basis 
from a water storage facility in a Reclamation 
State— 
(i) to which the United States holds 
title; and 
(ii) that was authorized to be con-
structed, operated, and maintained pursu-
ant to— 
(I) the reclamation laws; or 
(II) the Act of August 11, 1939 
(commonly known as the Water Con-
servation and Utilization Act (16 
U.S.C. 590y et seq.)). 
(4) FISH AND WILDLIFE BENEFITS.—The term 
‘‘fish and wildlife benefits’’ means overall benefits or 
improvements to aquatic ecosystems and native fish 
and wildlife within a Reclamation State, including 
benefits for a wildlife refuge, that are in excess of— 
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(A) existing fish and wildlife mitigation or 
compliance obligations under— 
(i) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.); 
(ii) the Fish and Wildlife Coordina-
tion Act (16 U.S.C. 661 et seq.); 
(iii) the Water Resources Develop-
ment Act of 1986 (Public Law 99–662; 
100 Stat. 4082); 
(iv) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(v) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
(vi) any other Federal law, State law 
or other existing requirement in regula-
tions, permits, contracts, licenses, grants, 
or orders and decisions from courts or 
State or Federal agencies; or 
(B) existing environmental mitigation or 
compliance obligations as defined in section 
6001(a)(32) of title 23 of the California Code 
of Regulations, with respect to benefits and im-
provements to aquatic ecosystems and native 
fish and wildlife within the State of California, 
in recognition of the State of California’s exist-
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ing prohibitions against the use of public funds 
for environmental mitigation required under 
Federal and State law. 
(5) MAJOR
FEDERALLY
ASSISTED
STORAGE 
PROJECT.—The term ‘‘major federally assisted stor-
age project’’ means any project in a Reclamation 
State that— 
(A) involves the construction, expansion, 
upgrade, or capital repair by an eligible entity 
or qualified partner of— 
(i) a surface or groundwater storage 
facility that is not federally owned; or 
(ii) a facility that is not federally 
owned conveying water to or from a sur-
face or groundwater storage facility; 
(B) is an ecosystem restoration project for 
watershed function, including a forest or water-
shed restoration project, that, on a long-term 
basis, benefits the quality, timing, and other 
qualities of water available for release from a 
project described in subparagraph (A) con-
sistent with maintaining and enhancing long- 
term ecological and hydrological function and 
resilience in a Reclamation State; 
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(C) provides benefits described in section 
102(d)(1)(B)(ii); and 
(D) has a total estimated cost of more 
than $250,000,000. 
(6) NATURAL WATER STORAGE PROJECT.—The 
term ‘‘natural water storage project’’ means a single 
project, a number of distributed projects across a 
watershed, or the redesign and replacement, or re-
moval, of built infrastructure to incorporate ele-
ments, where the project or elements have the fol-
lowing characteristics: 
(A) Uses primarily natural materials ap-
propriate to the specific site and landscape set-
ting. 
(B) Largely relies on natural riverine, wet-
land, hydrologic, or ecological processes. 
(C) Results in aquifer recharge, transient 
floodplain water retention, reconnection of his-
toric floodplains to their stream channels with 
water retention benefits within a Reclamation 
State, or results in improved ecological forest 
watershed condition if it is a project located 
within the State of California. 
(D) Is designed to produce two or more of 
the following environmental benefits: 
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(i) Stream flow changes beneficial to 
watershed health. 
(ii) Fish and wildlife habitat or migra-
tion corridor restoration. 
(iii) Floodplain reconnection and inun-
dation. 
(iv) Riparian or wetland restoration 
and improvement. 
(7) STANDARD FEDERALLY ASSISTED STORAGE 
PROJECT.—The term ‘‘standard federally assisted 
storage project’’ means any project in a Reclamation 
State that— 
(A) involves the construction, expansion, 
upgrade, or capital repair by an eligible entity 
or qualified partner of— 
(i) a surface or groundwater storage 
facility that is not federally owned; or 
(ii) a facility that is not federally 
owned conveying water to or from a sur-
face or groundwater storage facility; 
(B) is an ecosystem restoration project for 
watershed function, including a forest or water-
shed restoration project, that, on a long-term 
basis, benefits the quality, timing, and other 
qualities of water available for release from a 
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project described in subparagraph (A) con-
sistent with maintaining and enhancing long- 
term ecological and hydrological function and 
resilience in a Reclamation State; 
(C) provides benefits described in section 
102(d)(1)(B)(ii); and 
(D) 
has 
a 
total 
estimated 
cost 
of 
$250,000,000 or less. 
(8) QUALIFIED PARTNER.—The term ‘‘qualified 
partner’’ means a non-profit organization operating 
in a Reclamation State. 
(9) RECLAMATION LAWS.—The term ‘‘reclama-
tion laws’’ means Federal reclamation law (the Act 
of June 17, 1902 (32 Stat. 388; chapter 1093)), and 
Acts supplemental to and amendatory of that Act. 
(b) STORAGE PROJECT FUNDING.—There is author-
ized to be appropriated a total of $750 million for use 
by the Secretary through fiscal year 2026 to advance— 
(1) Federal storage projects within a Reclama-
tion State in accordance with subsection (c); 
(2) major federally assisted storage projects 
within a Reclamation State in accordance with sub-
section (d); 
(3) natural water storage projects within a Rec-
lamation State in accordance with subsection (e); 
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(4) standard federally assisted storage projects 
within a Reclamation State in accordance with sub-
section (f); or 
(5) grandfathered storage projects in accord-
ance with section 104. 
(c) FEDERAL STORAGE PROJECTS.— 
(1) AGREEMENTS.—On request of an eligible 
entity or qualified partner and in accordance with 
this subsection, the Secretary may negotiate and 
enter into an agreement on behalf of the United 
States for the design, study, construction, expansion, 
upgrade, or capital repair of a Federal storage 
project located in a Reclamation State. 
(2) FEDERAL SHARE.—Subject to the require-
ments of this subsection, the Secretary may fund up 
to 50 percent of the design and study costs of a 
Federal storage project and up to 50 percent of the 
construction costs of a Federal storage project. 
(3) CONDITIONS
FOR
FEDERAL
DESIGN
AND 
STUDY
FUNDING.—Funding provided under this 
subsection may be made available for the design and 
study of a Federal storage project if— 
(A) the Secretary secures a cost share 
agreement for design and study costs providing 
sufficient upfront funding to pay the non-Fed-
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eral share of the design and study costs of the 
Federal storage project; and 
(B) the feasibility study for the Federal 
storage project is congressionally authorized by 
reference to the annual Report to Congress on 
Future Storage Project Development prepared 
under section 102. 
(4) CONDITIONS FOR FEDERAL CONSTRUCTION 
FUNDING.—Funding provided under this subsection 
for the construction of a Federal storage project 
may be made available to a project if— 
(A) the project has been authorized by 
name in a Federal statute; 
(B) the project is a multi-benefit project 
that would, at a minimum, provide water supply 
reliability benefits (including additional storage, 
conveyance, or new firm yield) and fish and 
wildlife benefits as determined by the final esti-
mate prepared pursuant to subsection (g); 
(C) construction funding for the project is 
congressionally approved by reference to the an-
nual Report to Congress on Future Storage 
Project Development prepared under section 
102; 
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(D) the Secretary secures an agreement 
providing sufficient upfront funding to pay the 
non-Federal share of the construction costs of 
the Federal storage project; and 
(E) The Secretary determines— 
(i) the project is technically and finan-
cially feasible; 
(ii) the project provides water supply 
reliability benefits for a State or local gov-
ernment and fish and wildlife benefits; and 
(iii) in return for the Federal cost- 
share investment in the project, at least a 
proportionate share of the project benefits 
are for— 
(I) fish and wildlife benefits as 
determined under subsection (g); or 
(II) non-reimbursable expenses 
authorized under the reclamation laws 
other than fish and wildlife expenses. 
(5) NOTIFICATION.—The Secretary shall sub-
mit to the relevant committees of Congress and 
make publicly available on the internet a written no-
tification of the Secretary’s determinations regarding 
the satisfaction of the requirements under para-
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graphs (3) and (4) by not later than 30 days after 
the date of the determinations. 
(6) ENVIRONMENTAL
LAWS.—In participating 
in a Federal storage project under this subsection, 
the Secretary shall comply with all applicable Fed-
eral environmental laws, including the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and all State environmental laws of the Rec-
lamation State in which the project is located involv-
ing the construction, expansion or operation of a 
water storage project or fish and wildlife protection, 
provided that no law or regulation of a State or po-
litical subdivision of a State relieve the Secretary of 
any Federal requirement otherwise applicable under 
this section. 
(7) ADDITIONAL
GUIDELINES
FOR
RESTORA-
TION PROJECTS THAT REDUCE THE RISK OF WATER 
STORAGE LOSSES.— 
(A) 
REQUIREMENTS.—A 
restoration 
project described in section 103(a)(3)(B) that 
receives funding under this subsection must— 
(i) have the potential to reduce the 
risk of water storage losses for a Federal 
storage project described in subsection 
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(a)(3)(A) by reducing the risk of erosion or 
sediment loading; and 
(ii) be designed to result in fish and 
wildlife benefits. 
(B) DRAFT
FEASIBILITY
STUDY.—Not 
later than 180 days after the date of the enact-
ment of this Act, the Secretary shall issue draft 
requirements for feasibility studies for Federal 
storage 
projects 
described 
in 
section 
103(a)(3)(B). 
(C) 
FEASIBILITY
STUDY
REQUIRE-
MENTS.—The draft feasibility study require-
ments issued under subparagraph (B) shall be 
consistent with requirements for a title XVI 
Feasibility Study Report, including the eco-
nomic analysis, contained in the Reclamation 
Manual Directives and Standards numbered 
WTR 11–01, subject to any additional require-
ments necessary to provide sufficient informa-
tion for making determinations under this sec-
tion. 
(D) FINAL FEASIBILITY STUDY REQUIRE-
MENTS.—The Secretary shall finalize the feasi-
bility study requirements under subparagraph 
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(C) by not later than 1 year after the date of 
the enactment of this Act. 
(E) ELIGIBLE
PARTNER.—The Secretary 
is authorized to participate in a restoration 
project described in subsection (a)(3)(B) with a 
partner that is— 
(i) an eligible entity as defined in sub-
section (a)(2); or 
(ii) a qualified partner as defined in 
subsection (a)(8). 
(d) 
MAJOR
FEDERALLY
ASSISTED
STORAGE 
PROJECTS.— 
(1) IN GENERAL.—In accordance with this sub-
section, the Secretary shall establish a competitive 
grant program to participate in the design, study, 
construction, expansion, upgrade, or capital repair of 
a major federally assisted storage project on request 
of an eligible entity or qualified partner. The com-
petitive grant program established under this para-
graph shall— 
(A) allow any project sponsor of a major 
federally assisted storage project to apply for 
funding for the design, study, construction, ex-
pansion, upgrade, or capital repair of a major 
federally assisted storage project; 
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(B) include the issuance of annual solicita-
tions for major federally assisted storage 
project sponsors to apply for funding for the 
design, study, construction, expansion, upgrade, 
or capital repair of a major federally assisted 
storage project; and 
(C) permit the Secretary to fund up to 25 
percent of the design and study costs of a 
major federally assisted storage project and up 
to 25 percent of the construction costs of a 
major federally assisted storage project. 
(2) FUNDING
PRIORITY
FOR
MULTI-BENEFIT 
PROJECTS.—In making grants under this subsection, 
the Secretary shall give funding priority to multi- 
benefit projects that provide greater— 
(A) water supply reliability benefits for 
States and local governments; and 
(B) fish and wildlife benefits. 
(3) CONDITIONS
FOR
FEDERAL
DESIGN
AND 
STUDY FUNDING.—The Secretary may fund a design 
or study activity for a major federally assisted stor-
age project under this subsection if— 
(A) the Governor of the State in which the 
major federally assisted storage project is lo-
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cated provides written concurrence for the de-
sign and study activities; 
(B) the Secretary secures an agreement for 
design and study costs providing sufficient up-
front funding to pay the non-Federal share of 
the design and study costs of the major feder-
ally assisted storage project; and 
(C) the feasibility study for the major fed-
erally assisted storage project is congressionally 
authorized by reference to the annual Report to 
Congress on Future Storage Project Develop-
ment prepared under section 102. 
(4) CONDITIONS FOR FEDERAL CONSTRUCTION 
FUNDING.—Funding provided under this subsection 
for the construction of a major federally assisted 
storage project may be made available to a project 
if— 
(A) the project has been authorized by 
name in a Federal statute; 
(B) the project is a multi-benefit project 
that would, at a minimum, provide water supply 
reliability benefits (including additional storage, 
conveyance, or new firm yield) and fish and 
wildlife benefits as determined by the estimate 
prepared pursuant to subsection (g); 
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(C) the Governor of the State in which the 
major federally assisted storage project is lo-
cated has requested Federal participation at the 
time construction is initiated; 
(D) the Secretary secures an agreement 
committing to pay the non-Federal share of the 
capital costs of the major federally assisted 
storage project; and 
(E) the Secretary determines— 
(i) the project is technically and finan-
cially feasible; 
(ii) the project provides water supply 
reliability benefits for a State or local gov-
ernment and fish and wildlife benefits; and 
(iii) in return for the Federal cost- 
share investment in the project, at least a 
proportionate share of the project benefits 
are for— 
(I) fish and wildlife benefits as 
determined under subsection (g); or 
(II) other non-reimbursable ex-
penses authorized under the reclama-
tion laws other than fish and wildlife 
expenses. 
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(5) NOTIFICATION.—The Secretary shall sub-
mit to the relevant committees of Congress and 
make publicly available on the internet a written no-
tification of the Secretary’s determinations regarding 
the satisfaction of the requirements under para-
graphs (3) and (4) by not later than 30 days after 
the date of the determinations. 
(6) ENVIRONMENTAL
LAWS.—In participating 
in a major federally assisted storage project under 
this subsection, the Secretary shall comply with all 
applicable Federal environmental laws, including the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), and all State environmental 
laws of the Reclamation State in which the project 
is located involving the construction, expansion or 
operation of a water storage project or fish and wild-
life protection, provided that no law or regulation of 
a State or political subdivision of a State relieve the 
Secretary of any Federal requirement otherwise ap-
plicable under this section. 
(7) INFORMATION.— 
(A) IN GENERAL.—In participating in a 
major federally assisted storage project under 
this subsection, the Secretary— 
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(i) may consider the use of feasibility 
or equivalent studies prepared by the spon-
sor of the major federally assisted storage 
project; but 
(ii) shall retain responsibility for de-
termining whether the feasibility or equiva-
lent studies satisfy the requirements of re-
ports prepared by the Secretary. 
(B) GUIDELINES.— 
(i) DRAFT.—Not later than 180 days 
after the date of the enactment of this Act, 
the Secretary shall issue draft guidelines 
for feasibility or equivalent studies for 
major federally assisted storage projects 
prepared by a project sponsor that shall be 
consistent with requirements for a title 
XVI Feasibility Study Report, including 
the economic analysis, contained in the 
Reclamation Manual Directives and Stand-
ards numbered WTR 11–01, subject to— 
(I) any additional requirements 
necessary to provide sufficient infor-
mation for making any determinations 
or assessments under paragraphs (2), 
(3), and (4); and 
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(II) the condition that the Bu-
reau of Reclamation shall not bear re-
sponsibility for the technical adequacy 
of any design, cost estimate, or con-
struction relating to a major federally 
assisted storage project. 
(ii) FINAL.—The Secretary shall final-
ize the guidelines under clause (i) by not 
later than 1 year after the date of the en-
actment of this Act. 
(C) TECHNICAL
ASSISTANCE
FOR
FEASI-
BILITY STUDIES.— 
(i) TECHNICAL ASSISTANCE.—At the 
request of an eligible entity or qualified 
partner, the Secretary shall provide to the 
eligible entity or qualified partner technical 
assistance relating to any aspect of a feasi-
bility study carried out by the eligible enti-
ty or qualified partner under this sub-
section if the eligible entity or qualified 
partner contracts with the Secretary to pay 
all costs of providing the technical assist-
ance. 
(ii) IMPARTIAL DECISIONMAKING.—In 
providing technical assistance under clause 
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(i), the Secretary shall ensure that the use 
of funds accepted from an eligible entity or 
qualified partner will not affect the impar-
tial decisionmaking responsibilities of the 
Secretary, either substantively or proce-
durally. 
(iii) EFFECT OF TECHNICAL ASSIST-
ANCE.—The provision of technical assist-
ance by the Secretary under clause (i) shall 
not be considered to be an approval or en-
dorsement of a feasibility study. 
(8) ELIGIBLE PARTNER.—The Secretary is au-
thorized to participate in a restoration project de-
scribed in subsection (a)(4)(B) with a partner that 
is— 
(A) an eligible entity as defined in sub-
section (a)(2); or 
(B) a qualified partner as defined in sub-
section (a)(8). 
(e) NATURAL WATER STORAGE PROJECTS.— 
(1) IN GENERAL.—In accordance with this sub-
section, the Secretary shall establish a competitive 
grant program to participate in the design, study, 
construction, expansion, upgrade, or capital repair of 
a natural water storage project in a Reclamation 
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State on request of an eligible entity or qualified 
partner. The competitive grant program established 
under this paragraph shall— 
(A) allow any project sponsor of a natural 
water storage project to apply for funding for 
the design, study, construction, expansion, up-
grade, or capital repair of a natural water stor-
age project; and 
(B) include the issuance of annual solicita-
tions for natural water storage project sponsors 
to apply for funding for the design, study, con-
struction, expansion, upgrade, or capital repair 
of a natural water storage project. 
(2) FUNDING
PRIORITY
FOR
MULTI-BENEFIT 
PROJECTS.—In making grants under this subsection, 
the Secretary shall give funding priority to multi- 
benefit projects that provide greater— 
(A) water supply reliability benefits for 
States and local governments; and 
(B) fish and wildlife benefits. 
(3) FEDERAL SHARE.—Subject to the require-
ments of this subsection, the Secretary may provide 
funding to an eligible entity or qualified partner for 
the design, study, construction, expansion, upgrade, 
or capital repair of a natural water storage project 
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in an amount equal to not more than 80 percent of 
the total cost of the natural water storage project. 
(4) CONDITIONS
FOR
FEDERAL
DESIGN
AND 
STUDY FUNDING.—The Secretary may fund a design 
or study activity for a natural water storage project 
under this subsection if the Governor of the State in 
which the natural water storage project is located 
provides written concurrence for design and study 
activities. 
(5) CONDITIONS FOR FEDERAL CONSTRUCTION 
FUNDING.—Funding provided under this subsection 
for the construction of a natural water storage 
project may be made available to a project if— 
(A) the Governor of the State in which the 
natural water storage project is located has re-
quested Federal participation at the time con-
struction was initiated; 
(B) the Secretary determines or the appli-
cable non-Federal sponsor determines through 
the preparation of a feasibility or equivalent 
study prepared in accordance to paragraph (9), 
and the Secretary concurs, that— 
(i) the project is technically and finan-
cially feasible; 
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(ii) the project provides water supply 
reliability benefits for a State or local gov-
ernment and fish and wildlife benefits; and 
(iii) in return for the Federal cost- 
share investment in the project, at least a 
proportionate share of the project benefits 
are for non-reimbursable expenses author-
ized under the reclamation laws or for fish 
and wildlife benefits as defined in this sec-
tion, which shall be considered a fully non- 
reimbursable Federal expenditure; and 
(C) the Secretary secures an agreement 
committing to pay the non-Federal share of the 
construction costs of the project. 
(6) ENVIRONMENTAL
LAWS.—In participating 
in a natural water storage project under this sub-
section, the Secretary shall comply with all applica-
ble Federal environmental laws, including the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), and all State environmental laws of 
the Reclamation State in which the project is located 
involving the construction, expansion or operation of 
a water storage project or fish and wildlife protec-
tion, provided that no law or regulation of a State 
or political subdivision of a State relieve the Sec-
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retary of any Federal requirement otherwise applica-
ble under this section. 
(7) INFORMATION.—In participating in a nat-
ural water storage project under this subsection, the 
Secretary— 
(A) may consider the use of feasibility or 
equivalent studies prepared by the sponsor of 
the natural water storage project if the sponsor 
elects to prepare such reports; but 
(B) shall retain responsibility for deter-
mining whether the feasibility or equivalent 
studies satisfy the requirements of studies pre-
pared by the Secretary. 
(8) NOTIFICATION.—The Secretary shall sub-
mit to the relevant committees of Congress and 
make publicly available on the internet a written no-
tification of the Secretary’s determinations regarding 
the satisfaction of the requirements under para-
graphs (4) and (5) by not later than 30 days after 
the date of the determinations. 
(9) GUIDELINES.— 
(A) DRAFT.—Not later than 180 days 
after the date of the enactment of this Act, the 
Secretary shall issue draft guidelines for feasi-
bility or equivalent studies for natural water 
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storage projects prepared by a project sponsor 
that shall be consistent with this subsection, 
provided that the Department of the Interior 
shall not bear responsibility for the technical 
adequacy of any design, cost estimate, or con-
struction relating to a natural water storage 
project. 
(B) FINAL.—The Secretary shall finalize 
the guidelines under subparagraph (A) by not 
later than 1 year after the date of the enact-
ment of this Act. 
(C) TECHNICAL
ASSISTANCE
FOR
FEASI-
BILITY STUDIES.— 
(i) TECHNICAL ASSISTANCE.—At the 
request of an eligible entity or qualified 
partner, the Secretary shall provide to the 
eligible entity or qualified partner technical 
assistance relating to any aspect of a feasi-
bility study carried out by an eligible entity 
or qualified partner under this subsection 
if the eligible entity or qualified partner 
contracts with the Secretary to pay all 
costs of providing the technical assistance. 
(ii) IMPARTIAL DECISIONMAKING.—In 
providing technical assistance under clause 
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(i), the Secretary shall ensure that the use 
of funds accepted from an eligible entity or 
qualified partner will not affect the impar-
tial decisionmaking responsibilities of the 
Secretary, either substantively or proce-
durally. 
(iii) EFFECT OF TECHNICAL ASSIST-
ANCE.—The provision of technical assist-
ance by the Secretary under clause (i) shall 
not be considered to be an approval or en-
dorsement of a feasibility study. 
(f) STANDARD
FEDERALLY
ASSISTED
STORAGE 
PROJECTS.— 
(1) IN GENERAL.—In accordance with this sub-
section, the Secretary shall establish a competitive 
grant program to participate in the design, study, 
construction, expansion, upgrade, or capital repair of 
a standard federally assisted storage project on re-
quest of an eligible entity or qualified partner. The 
competitive grant program established under this 
paragraph shall— 
(A) allow any project sponsor of a stand-
ard federally assisted storage project to apply 
for funding for the design, study, construction, 
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expansion, upgrade, or capital repair of a feder-
ally assisted storage project; 
(B) include the issuance of annual solicita-
tions for standard federally assisted storage 
project sponsors to apply for funding for the 
design, study, construction, expansion, upgrade 
or capital repair of a standard federally assisted 
storage project; and 
(C) permit the Secretary to fund up to 25 
percent of the total cost of a federally assisted 
storage project. 
(2) SELECTION
OF
PROJECTS.—In making 
grants under this subsection, the Secretary shall give 
funding priority to projects that— 
(A) provide greater water supply reliability 
benefits for States and local governments, in-
cluding through aquifer storage and recovery 
wells, in-lieu recharge activities that could be 
effectuated or expanded through additional in-
frastructure investments including interties, 
and the establishment and use of recharge 
ponds, including in an urban environment; 
(B) provide greater fish and wildlife bene-
fits; and 
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(C) cost not more than $30,000,000 to 
allow greater participation and wider distribu-
tion of funds and program benefits. 
(3) CONDITIONS
FOR
FEDERAL
DESIGN
AND 
STUDY FUNDING.—The Secretary may fund a design 
or study activity for a standard federally assisted 
storage project under this subsection if the Governor 
of the State in which the federally assisted storage 
project is located provides written concurrence for 
design and study activities. 
(4) CONDITIONS FOR FEDERAL CONSTRUCTION 
FUNDING.—Funding provided under this subsection 
for the construction of a standard federally assisted 
storage project may be made available to a project 
if— 
(A) the Governor of the State in which the 
federally assisted storage project is located has 
requested Federal participation at the time con-
struction was initiated; and 
(B) the Secretary determines or the appli-
cable non-Federal sponsor determines through 
the preparation of a feasibility or equivalent 
study prepared in accordance with paragraph 
(7), and the Secretary concurs, that— 
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(i) the standard federally assisted 
storage project is technically and finan-
cially feasible; 
(ii) the standard federally assisted 
storage project provides water supply reli-
ability benefits for a State or local govern-
ment and fish and wildlife benefits; and 
(iii) in return for the Federal cost- 
share investment in the project, at least a 
proportionate share of the project benefits 
are for non-reimbursable expenses author-
ized under the reclamation laws or for fish 
and wildlife benefits as defined in this sec-
tion, which shall be considered a fully non- 
reimbursable Federal expenditure; and 
(C) the Secretary secures an agreement 
committing to pay the non-Federal share of the 
construction costs of the project. 
(5) NOTIFICATION.—The Secretary shall sub-
mit to the relevant committees of Congress and 
make publicly available on the internet a written no-
tification of the Secretary’s determinations regarding 
the satisfaction of the requirements under para-
graphs (3) and (4) by not later than 30 days after 
the date of the determinations. 
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(6) ENVIRONMENTAL
LAWS.—In participating 
in a standard federally assisted storage project 
under this subsection, the Secretary shall comply 
with all applicable Federal environmental laws, in-
cluding the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), and all State envi-
ronmental laws of the Reclamation State in which 
the project is located involving the construction, ex-
pansion or operation of a water storage project or 
fish and wildlife protection, provided that no law or 
regulation of a State or political subdivision of a 
State relieve the Secretary of any Federal require-
ment otherwise applicable under this section. 
(7) INFORMATION.— 
(A) IN GENERAL.—In participating in a 
standard federally assisted storage project 
under this subsection, the Secretary— 
(i) may consider the use of feasibility 
or equivalent studies prepared by the spon-
sor of the standard federally assisted stor-
age project; but 
(ii) shall retain responsibility for de-
termining whether the feasibility or equiva-
lent studies satisfy the requirements of re-
ports prepared by the Secretary. 
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(B) GUIDELINES.— 
(i) DRAFT.—Not later than 180 days 
after the date of the enactment of this Act, 
the Secretary shall issue draft guidelines 
for feasibility or equivalent studies for 
standard federally assisted storage projects 
prepared by a project sponsor that shall be 
consistent with requirements for a title 
XVI Feasibility Study Report, including 
the economic analysis, contained in the 
Reclamation Manual Directives and Stand-
ards numbered WTR 11–01, subject to— 
(I) any additional requirements 
necessary to provide sufficient infor-
mation for making any determinations 
or assessments under paragraphs (2), 
(3) and (4); and 
(II) the condition that the De-
partment of the Interior shall not 
bear responsibility for the technical 
adequacy of any design, cost estimate, 
or construction relating to a standard 
federally assisted storage project. 
(ii) FINAL.—The Secretary shall final-
ize the guidelines under clause (i) by not 
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later than 1 year after the date of the en-
actment of this Act. 
(C) TECHNICAL
ASSISTANCE
FOR
FEASI-
BILITY STUDIES.— 
(i) TECHNICAL ASSISTANCE.—At the 
request of an eligible entity or qualified 
partner, the Secretary shall provide to the 
eligible entity or qualified partner technical 
assistance relating to any aspect of a feasi-
bility study carried out by an eligible entity 
or qualified partner under this subsection 
if the eligible entity or qualified partner 
contracts with the Secretary to pay all 
costs of providing the technical assistance. 
(ii) IMPARTIAL DECISIONMAKING.—In 
providing technical assistance under clause 
(i), the Secretary shall ensure that the use 
of funds accepted from an eligible entity or 
qualified partner will not affect the impar-
tial decisionmaking responsibilities of the 
Secretary, either substantively or proce-
durally. 
(iii) EFFECT OF TECHNICAL ASSIST-
ANCE.—The provision of technical assist-
ance by the Secretary under clause (i) shall 
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not be considered to be an approval or en-
dorsement of a feasibility study. 
(8) COMMITTEE RESOLUTION PROCEDURE.— 
(A) IN GENERAL.—No appropriation shall 
be made for a standard federally assisted stor-
age project under this subsection, the total esti-
mated cost of which exceeds $100,000,000, if 
such project has not been approved by a resolu-
tion adopted by the Committee on Natural Re-
sources of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate. 
(B) REQUIREMENTS FOR SECURING CON-
SIDERATION.—For the purposes of securing 
consideration of approval under subparagraph 
(A), the Secretary shall provide to a committee 
referred to in subparagraph (A) such informa-
tion as the committee requests and the non- 
Federal sponsor shall provide to the committee 
information on the costs and relative needs for 
the federally assisted storage project. 
(9) ELIGIBLE PARTNER.—The Secretary is au-
thorized to participate in a restoration project de-
scribed in subsection (a)(7)(B) with a partner that 
is— 
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(A) an eligible entity as defined in sub-
section (a)(2); or 
(B) a qualified partner as defined in sub-
section (a)(8). 
(g) FISH AND WILDLIFE LOSSES AND BENEFITS.— 
(1) DEFINITIONS.—In this subsection— 
(A) The term ‘‘Best available scientific in-
formation and data’’ means the use of the high- 
value information and data, specific to the deci-
sion being made and the time frame available 
for making that decision, to inform and assist 
management and policy decisions; 
(B) The term ‘‘Director’’ means— 
(i) the Director of the United States 
Fish and Wildlife Service; or 
(ii) the United States Secretary of 
Commerce, acting through the Assistant 
Administrator of the National Marine 
Fisheries Service, if a determination or 
fish and wildlife estimate made under this 
subsection is for an anadromous species or 
catadromous species. 
(C) The term ‘‘major water storage 
project’’ means a major federally assisted stor-
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age project or Federal storage project as de-
fined under section 102. 
(2) PURPOSES.—The purposes of this sub-
section are the following: 
(A) To reverse widespread fish and wildlife 
species decline in the Reclamation States. 
(B) To help fund and assist in the prepa-
ration of reports required under the Fish and 
Wildlife Coordination Act for proposed water 
development projects. 
(C) To instruct the Director to prepare a 
report described in section 2(b) of the Fish and 
Wildlife Coordination Act (16 U.S.C. 662(b)) 
for each major water storage project that in-
cludes an estimate of fish and wildlife losses 
and fish and wildlife benefits derived from each 
such project, based on the best available sci-
entific information and data. 
(D) To direct Federal funds to major 
water storage projects that provide demon-
strable, measurable fish and wildlife benefits 
and associated ecosystem services benefits for 
taxpayers based on objective data and the ex-
pertise of the primary Federal agency with ju-
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risdiction over the management of fish and 
wildlife resources. 
(E) To ensure that Federal funds provided 
for fish and wildlife purposes under this section 
are used effectively in a manner that maximizes 
positive outcomes for fish and wildlife and asso-
ciated ecosystem services benefits for taxpayers, 
including benefits related to the domestic sea-
food supply and the enhancement and expan-
sion of hunting, fishing, and other fish and 
wildlife related outdoor recreation opportunities 
within the Reclamation States. 
(3) ESTIMATION OF FISH AND WILDLIFE BENE-
FITS AND LOSSES UNDER THE FISH AND WILDLIFE 
COORDINATION ACT.—The Director shall prepare a 
report described in section 2(b) of the Fish and 
Wildlife Coordination Act (16 U.S.C. 662(b)), for 
each major water storage project that— 
(A) is based on the best available scientific 
information and data available; and 
(B) includes an estimate of fish and wild-
life losses and fish and wildlife benefits derived 
from a major water storage project determined 
in accordance with this subsection. 
(4) DRAFT ESTIMATE.— 
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(A) USE OF BEST AVAILABLE SCIENTIFIC 
INFORMATION AND DATA AVAILABLE.—The Di-
rector shall include in the Fish and Wildlife Co-
ordination Act report prepared under paragraph 
(3) a draft estimate of fish and wildlife losses 
and fish and wildlife benefits derived from a 
major water storage project. 
(B) COORDINATION.—A draft estimate re-
quired under subparagraph (A) shall be pre-
pared in coordination with the head of the State 
agency with jurisdiction over the fish and wild-
life resources of the State in which the major 
water storage project is proposed to be carried 
out. 
(C) APPLICABLE LAW; REQUIREMENTS.— 
The draft estimate prepared under this para-
graph shall— 
(i) meet all the evaluation require-
ments of section 2(b) of the Fish and 
Wildlife Coordination Act (16 U.S.C. 
662(b)) unless otherwise specified in this 
subsection; 
(ii) quantify and estimate the fish and 
wildlife benefits and any losses to native 
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fish and wildlife from the proposed major 
water storage project; and 
(iii) estimate whether the fish and 
wildlife benefits derived from the proposed 
major water storage project are likely to 
exceed the adverse fish and wildlife im-
pacts. 
(D) REVIEW; AVAILABILITY.—The Direc-
tor shall ensure that any draft estimate pre-
pared under this paragraph is— 
(i) made available for peer review by 
an independent group of scientific experts; 
and 
(ii) made available for a public review 
and comment period of not less than 30 
days. 
(5) FINAL ESTIMATE.—Using the best available 
scientific information and data, the Director shall 
prepare a final estimate of fish and wildlife benefits 
for each proposed major water storage project based 
on the applicable draft estimate prepared under 
paragraph (4), after considering the results of the 
independent scientific peer review and public com-
ment processes under paragraph (4)(D). 
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(6) TRANSMISSION; AVAILABILITY.—A final es-
timate prepared under paragraph (5) shall be— 
(A) transmitted to— 
(i) the project applicant; and 
(ii) the relevant State agency; and 
(B) made available to the public. 
(7) RECOMMENDATIONS.—If a final estimate 
under paragraph (5) determines that the proposed 
major water storage project fails to provide fish and 
wildlife benefits, the final estimate may identify po-
tential recommendations to enable the project to 
provide fish and wildlife benefits or to reduce the 
project’s adverse fish and wildlife impacts. 
(8) IMPORTATION
OF
REVIEW
STANDARDS.— 
Sections 207(i) and 207(j) of the Reclamation 
Projects Authorization and Adjustment Act of 1992 
(Public Law 102–575; 106 Stat. 4709) shall apply 
to a final estimate prepared under paragraph (5), 
except that— 
(A) any reference contained in those sec-
tions to the Secretary shall be considered to be 
a reference to the Director as defined in this 
subsection; 
(B) any reference contained in those sec-
tions to determination or determinations shall 
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be considered to be a reference to estimate or 
estimates described in this subsection; 
(C) any reference contained in those sec-
tions to subsection (b), (f)(1), or (g) shall be 
considered to be a reference to paragraph (5) of 
this subsection; and 
(D) any reference contained in those sec-
tions to ‘‘this subsection’’ shall be considered to 
be a reference to section 103(g) of the FU-
TURE Western Water Infrastructure and 
Drought Resiliency Act. 
(9) FUNDING FOR ESTIMATES.—There is au-
thorized to be appropriated $10,000,000 through fis-
cal year 2026 for the United States Fish and Wild-
life Service to prepare draft estimates under para-
graph (4) and final estimates under paragraph (5). 
(10) ADDITIONAL FUNDING FOR ESTIMATES.— 
The authority under section 662(e) of the Fish and 
Wildlife Coordination Act (16 U.S.C. 662(b)) to 
transfer funds from the Bureau of Reclamation to 
the United States Fish and Wildlife Service for Fish 
and Wildlife Coordination Act reports for proposed 
water development projects shall be deemed to ex-
tend to the preparation of a draft or final estimate 
prepared under paragraph (4) or (5), provided that 
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any transfer of funds generally adheres to the 1981 
Transfer Funding Agreement between the United 
States Fish and Wildlife Service and the Bureau of 
Reclamation or any successor agreement, to the ex-
tent that any such agreement is consistent with the 
requirements of this subsection. 
(11) AGENCY RESPONSIBILITIES.—The respon-
sibility for preparing a draft and final estimate 
under this subsection shall reside with the United 
States Fish and Wildlife Service and may not be del-
egated to another entity, including another Federal 
agency or bureau, except for the United States Sec-
retary of Commerce, acting through the Assistant 
Administrator of the National Marine Fisheries 
Service, for the preparation of a draft or final esti-
mate for anadromous species or catadromous spe-
cies. 
(12) USE OF FISH AND WILDLIFE ESTIMATES 
TO
INFORM
FEDERAL
SPENDING
FOR
FISH
AND 
WILDLIFE
PURPOSES.—With respect to a major 
water storage project considered for Federal funding 
under this section, the Director shall determine costs 
allocated to the specific purpose of providing fish 
and wildlife benefits, based on the fish and wildlife 
benefits estimate for the applicable project or the 
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best available scientific information and data avail-
able at the time a cost allocation determination is 
made. In determining a cost allocation under this 
paragraph, the Director shall consult with the Com-
missioner of the Bureau of Reclamation and may 
make a cost allocation determination for fish and 
wildlife benefits in accordance with existing cost allo-
cation procedures, to the extent that such proce-
dures are consistent with the requirements of this 
subsection. Cost allocation determinations for all 
other non-reimbursable or reimbursable project pur-
poses for a major water storage project advanced 
under this section shall be determined in accordance 
with existing cost allocation procedures under the 
reclamation laws. 
(h) PRELIMINARY STUDIES.—Of the amounts made 
available under subsection (b), not more than 25 percent 
shall be provided for appraisal studies, feasibility studies, 
or other preliminary studies. 
(i) PROVIDING GREATER FEDERAL FUNDING AND 
SUPPORT FOR MULTI-BENEFIT STORAGE PROJECTS.— 
Notwithstanding any non-Federal cost share requirement 
under the reclamation laws for water development 
projects, any cost allocated to a water storage project 
under this section for the sole purpose of providing fish 
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and wildlife benefits, determined in accordance with all ap-
plicable requirements under this section, shall be consid-
ered a 100 percent non-reimbursable Federal cost. 
(j) CALFED REAUTHORIZATION.— 
(1) REAUTHORIZATION.—Title I of Public Law 
108–361 (118 Stat. 1681; 123 Stat. 2860; 128 Stat. 
164; 128 Stat. 2312; 129 Stat. 2407; 130 Stat. 
1866; 133 Stat. 2669), as amended by section 204 
of the Energy and Water Development and Related 
Agencies Appropriations Act, 2021 (Public Law 
116–260), is amended by striking ‘‘2021’’ each place 
it appears and inserting ‘‘2026’’. 
(2) CALFED
DESCRIPTION
OF
ACTIVITIES.— 
Subparagraph 103(f)(1)(A) of Public Law 108–361 
(118 Stat. 1694) is amended by striking ‘‘, except 
that’’ and all that follows through the end of the 
subparagraph. 
(k) EFFECT.—Nothing in this section is intended to 
authorize Federal funds made available under subsection 
(b) for a project led by a non-profit organization, as de-
scribed in subsection (a)(7), except for a project that is 
a natural water storage project or forest restoration, wa-
tershed restoration or other restoration project that re-
duces the risk of water storage loss described in subsection 
(a). 
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SEC. 104. EXTENSION OF EXISTING REQUIREMENTS FOR 
GRANDFATHERED STORAGE PROJECTS. 
(a) PURPOSE; DEFINITION.— 
(1) PURPOSE.—The purpose of this section is 
to establish an expedited project advancement proc-
ess for certain water storage projects that have al-
ready received some degree of evaluation under the 
Water Infrastructure Improvements for the Nation 
Act (Public Law 114–322) or under certain State 
water storage project evaluations. 
(2) DEFINITION OF GRANDFATHERED STORAGE 
PROJECT.—In this section, the term ‘‘grandfathered 
storage project’’ means a storage project that has al-
ready been recommended for funding made available 
under section 4007 of the Water Infrastructure Im-
provements for the Nation Act (Public Law 114– 
322) by the Secretary or a State governor prior to 
June 1, 2020, except for any project within the 
State of California that— 
(A) has been evaluated for State storage 
funding awards by the California Water Com-
mission pursuant to the California Water Qual-
ity, Supply, and Infrastructure Improvement 
Act, approved by California voters on November 
4, 2014, and failed to receive a maximum con-
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ditional eligibility determination of at least 
$200 million; or 
(B) is an on-stream storage project that 
has not been evaluated for State storage fund-
ing awards by the California Water Commission 
pursuant to the California Water Quality, Sup-
ply, and Infrastructure Improvement Act, ap-
proved by California voters on November 4, 
2014. 
(b) IN GENERAL.—Notwithstanding any other re-
quirements of this Act, grandfathered storage projects 
shall be eligible to receive funding authorized under sec-
tion 103(b) of this Act in accordance with this section. 
(c) REQUIREMENTS.— 
(1) IMPORTATION
OF
WIIN
ACT
REQUIRE-
MENTS.—The following requirements shall apply to 
grandfathered storage projects: sections 4007(c)(1) 
through 4007(c)(4), section 4007(f), and section 
4007(h)(2) of the Water Infrastructure Improve-
ments for the Nation Act (Public Law 114–322), ex-
cept that any reference contained in those sections 
to State-led storage projects shall be considered to 
be a reference to grandfathered storage projects. 
(2) PRIORITIZATION.—The Secretary shall give 
funding 
priority 
among 
grandfathered 
storage 
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projects to those that provide greater and more reli-
able water supply benefits to wildlife refuges, species 
listed under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), or to commercially har-
vested salmon species. 
(d) APPLICABILITY
OF WIIN ACT DEADLINES.— 
Storage project deadlines described in section 4007(i) and 
section 4013(2) of the Water Infrastructure Improve-
ments for the Nation Act (Public Law 114–322) shall not 
apply to any grandfathered storage project under this sec-
tion. 
SEC. 105. DESALINATION PROJECT DEVELOPMENT. 
(a) DESALINATION PROJECTS AUTHORIZATION.— 
Section 4(a) of the Water Desalination Act of 1996 (42 
U.S.C. 10301 note; Public Law 104–298) is amended by 
striking the second paragraph (1) (relating to projects) 
and inserting the following: 
‘‘(2) PROJECTS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) 
ELIGIBLE
DESALINATION 
PROJECT.—The term ‘eligible desalination 
project’ means any project located in a 
Reclamation State that— 
‘‘(I) involves an ocean or brack-
ish water desalination facility— 
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‘‘(aa) constructed, operated, 
and maintained by a State, In-
dian Tribe, municipality, irriga-
tion district, water district, or 
other organization with water or 
power delivery authority; or 
‘‘(bb) sponsored or funded 
by a State, department of a 
State, political subdivision of a 
State, 
municipality 
or 
public 
agency organized pursuant to 
State law, including through— 
‘‘(AA) direct sponsor-
ship or funding; or 
‘‘(BB) indirect sponsor-
ship or funding, such as by 
paying for the water pro-
vided by the facility; and 
‘‘(II) provides a Federal benefit 
in accordance with the reclamation 
laws. 
‘‘(ii) 
RURAL
DESALINATION 
PROJECT.—The term ‘rural desalination 
project’ means an eligible desalination 
project that is designed to serve a commu-
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nity or group of communities, each of 
which has a population of not more than 
40,000 inhabitants. 
‘‘(iii) 
DESIGNATED
DESALINATION 
PROJECT.—The term ‘designated desalina-
tion project’ means an eligible desalination 
project that— 
‘‘(I) is an ocean desalination 
project that uses a subsurface intake; 
‘‘(II) has a total estimated cost 
of $80,000,000 or less; and 
‘‘(III) is designed to serve a com-
munity or group of communities that 
collectively import more than 75 per-
cent of their water supplies. 
‘‘(B) COST-SHARING REQUIREMENT.— 
‘‘(i) IN GENERAL.—Subject to the re-
quirements of this subsection and notwith-
standing section 7, the Federal share of an 
eligible desalination project carried out 
under this subsection shall be— 
‘‘(I) not more than 25 percent of 
the total cost of the eligible desalina-
tion project; or 
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‘‘(II) in the case of a rural de-
salination project or a designated de-
salination project, the applicable per-
centage determined in accordance 
with clause (ii). 
‘‘(ii) RURAL DESALINATION PROJECTS 
AND
DESIGNATED
DESALINATION 
PROJECTS.— 
‘‘(I) 
COST-SHARING
REQUIRE-
MENT
FOR
APPRAISAL
STUDIES.—In 
the case of a rural desalination project 
carried out under this subsection, the 
Federal share of the cost of appraisal 
studies for the rural desalination 
project shall be— 
‘‘(aa) 100 percent of the 
total costs of the appraisal stud-
ies, up to $200,000; and 
‘‘(bb) if the total costs of 
the appraisal studies are more 
than $200,000, 50 percent of any 
amounts over $200,000. 
‘‘(II) COST-SHARING
REQUIRE-
MENT FOR FEASIBILITY STUDIES.—In 
the case of a rural desalination project 
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carried out under this subsection, the 
Federal share of the cost of feasibility 
studies for the rural desalination 
project shall be not more than 50 per-
cent. 
‘‘(III) COST-SHARING
REQUIRE-
MENT FOR CONSTRUCTION COSTS.—In 
the case of a rural desalination project 
or a designated desalination project 
carried out under this subsection, the 
Federal share of the cost of construc-
tion of the rural desalination project 
shall not exceed the greater of— 
‘‘(aa) 35 percent of the total 
cost of construction, up to a Fed-
eral cost of $20,000,000; or 
‘‘(bb) 25 percent of the total 
cost of construction. 
‘‘(C) STATE ROLE.—Participation by the 
Secretary in an eligible desalination project 
under this paragraph shall not occur unless— 
‘‘(i)(I) the eligible desalination project 
is included in a State-approved plan; or 
‘‘(II) the participation has been 
requested by the Governor of the 
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State in which the eligible desalination 
project is located; and 
‘‘(ii) the State or local sponsor of the 
eligible desalination project determines, 
and the Secretary concurs, that— 
‘‘(I) 
the 
eligible 
desalination 
project— 
‘‘(aa) is technically and fi-
nancially feasible; 
‘‘(bb) provides a Federal 
benefit in accordance with the 
reclamation laws; and 
‘‘(cc) is consistent with ap-
plicable State laws, State regula-
tions, State coastal zone manage-
ment plans and other State plans 
such as California’s Water Qual-
ity Control Plan for the Ocean 
Waters in California; 
‘‘(II) sufficient non-Federal fund-
ing is available to complete the eligible 
desalination project; and 
‘‘(III) the eligible desalination 
project sponsors are financially sol-
vent; and 
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‘‘(iii) the Secretary submits to Con-
gress a written notification of the deter-
minations under clause (ii) by not later 
than 30 days after the date of the deter-
minations. 
‘‘(D) ENVIRONMENTAL LAWS.—In partici-
pating in an eligible desalination project under 
this paragraph, the Secretary shall comply with 
all applicable environmental laws, including, but 
not limited to, the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) and 
State laws implementing the Coastal Zone Man-
agement Act. 
‘‘(E) INFORMATION.—In participating in 
an eligible desalination project under this sub-
section, the Secretary— 
‘‘(i) may consider the use of reports 
prepared by the sponsor of the eligible de-
salination project, including feasibility or 
equivalent studies, environmental analyses, 
and other pertinent reports and analyses; 
but 
‘‘(ii) shall retain responsibility for 
making the independent determinations de-
scribed in subparagraph (C). 
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‘‘(F) FUNDING.— 
‘‘(i) AUTHORIZATION OF APPROPRIA-
TIONS.—There is authorized to be appro-
priated to carry out this paragraph 
$260,000,000 for the period of fiscal years 
2022 through 2026, to remain available 
until expended, of which not less than 
$15,000,000 shall be made available dur-
ing that period for rural desalination 
projects. 
‘‘(ii) CONGRESSIONAL APPROVAL INI-
TIALLY REQUIRED.— 
‘‘(I) IN GENERAL.—Each initial 
award under this paragraph for de-
sign and study or for construction of 
an eligible desalination project shall 
be approved by an Act of Congress. 
‘‘(II) 
RECLAMATION
REC-
OMMENDATIONS.—The Commissioner 
of Reclamation shall submit rec-
ommendations regarding the initial 
award of preconstruction and con-
struction funding for consideration 
under subclause (I) to— 
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‘‘(aa) the Committee on Ap-
propriations of the Senate; 
‘‘(bb) the Committee on En-
ergy and Natural Resources of 
the Senate; 
‘‘(cc) the Committee on Ap-
propriations of the House of Rep-
resentatives; and 
‘‘(dd) the Committee on 
Natural Resources of the House 
of Representatives. 
‘‘(iii) 
SUBSEQUENT
FUNDING 
AWARDS.—After approval by Congress of 
an initial award of preconstruction or con-
struction funding for an eligible desalina-
tion project under clause (ii), the Commis-
sioner of Reclamation may award addi-
tional 
preconstruction 
or 
construction 
funding, respectively, for the eligible desali-
nation project without further congres-
sional approval. 
‘‘(G) TOTAL DOLLAR CAP.—The Secretary 
shall not impose a total dollar cap on Federal 
contributions 
for 
individual 
desalination 
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projects receiving funding under this para-
graph.’’. 
(b) PRIORITIZATION FOR PROJECTS.—Section 4 of 
the Water Desalination Act of 1996 (42 U.S.C. 10301 
note; Public Law 104–298) is amended by striking sub-
section (c) and inserting the following: 
‘‘(c) PRIORITIZATION.—In carrying out demonstra-
tion and development activities under this section, the Sec-
retary and the Commissioner of Reclamation shall each 
prioritize projects— 
‘‘(1) for the benefit of drought-stricken States 
and communities; 
‘‘(2) for the benefit of States that have author-
ized funding for research and development of desali-
nation technologies and projects; 
‘‘(3) that demonstrably reduce a reliance on im-
ported water supplies that have an impact on species 
listed under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
‘‘(4) that, in a measurable and verifiable man-
ner, reduce a reliance on imported water supplies 
from imperiled ecosystems such as the Sacramento- 
San Joaquin River Delta; 
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‘‘(5) that demonstrably leverage the experience 
of international partners with considerable expertise 
in desalination, such as the State of Israel; 
‘‘(6) that maximize use of renewable energy to 
power desalination facilities; 
‘‘(7) that maximize energy efficiency so that the 
lifecycle energy demands of desalination are mini-
mized; 
‘‘(8) located in regions that have employed 
strategies to increase water conservation and the 
capture and recycling of wastewater and stormwater; 
and 
‘‘(9) that meet the following criteria if they are 
ocean desalination facilities— 
‘‘(A) utilize a subsurface intake or, if a 
subsurface intake is not technologically feasible, 
an intake that uses the best available site, de-
sign, technology, and mitigation measures to 
minimize the mortality of all forms of marine 
life and impacts to coastal dependent resources; 
‘‘(B) are sited and designed to ensure that 
the disposal of wastewaters including brine 
from the desalination process— 
‘‘(i) are not discharged in a manner 
that increases salinity levels in impaired 
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bodies of water, or State or Federal Ma-
rine Protected Areas; and 
‘‘(ii) achieve ambient salinity levels 
within a reasonable distance from the dis-
charge point; 
‘‘(C) are sited, designed, and operated in a 
manner that maintains indigenous marine life 
and a healthy and diverse marine community; 
‘‘(D) do not cause significant unmitigated 
harm to aquatic life; and 
‘‘(E) include a construction and operation 
plan designed to minimize loss of coastal habi-
tat as well as aesthetic, noise, and air quality 
impacts.’’. 
(c) RECOMMENDATIONS TO CONGRESS.—In deter-
mining project recommendations to Congress under sec-
tion 4(a)(2)(F)(ii)(II) of the Water Desalination Act of 
1996, the Commissioner of Reclamation shall establish a 
priority scoring system that assigns priority scores to each 
project evaluated based on the prioritization criteria of 
section 4(c) of the Water Desalination Act of 1996 (42 
U.S.C. 10301 note; Public Law 104–298). 
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SEC. 106. ASSISTANCE FOR DISADVANTAGED COMMU-
NITIES 
WITHOUT 
ADEQUATE 
DRINKING 
WATER. 
(a) IN
GENERAL.—The Secretary shall provide 
grants within the Reclamation States to assist eligible ap-
plicants in planning, designing, or carrying out projects 
to help disadvantaged communities address a significant 
decline in the quantity or quality of drinking water. 
(b) ELIGIBLE APPLICANTS.—To be eligible to receive 
a grant under this section, an applicant shall submit an 
application to the Secretary that includes a proposal of 
the project or activity in subsection (c) to be planned, de-
signed, constructed, or implemented, the service area of 
which— 
(1) shall not be located in any city or town with 
a population of more than 60,000 residents; and 
(2) has a median household income of less than 
100 percent of the nonmetropolitan median house-
hold income of the State. 
(c) ELIGIBLE
PROJECTS.—Projects eligible for 
grants under this program may be used for— 
(1) emergency water supplies; 
(2) distributed treatment facilities; 
(3) construction of new wells and connections to 
existing water source systems; 
(4) water distribution facilities; 
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(5) connection fees to existing systems; 
(6) assistance to households to connect to water 
facilities; 
(7) local resource sharing, including voluntary 
agreements between water systems to jointly con-
tract for services or equipment, or to study or imple-
ment the physical consolidation of two or more water 
systems; 
(8) technical assistance, planning, and design 
for any of the activities described in paragraphs (1) 
through (7); or 
(9) any combination of activities described in 
paragraphs (1) through (8). 
(d) PRIORITIZATION.—In determining priorities for 
funding projects, the Secretary shall take into consider-
ation— 
(1) where the decline in the quantity or quality 
of water poses the greatest threat to public health 
and safety; 
(2) the degree to which the project provides a 
long-term solution to the water needs of the commu-
nity; and 
(3) whether the applicant has the ability to 
qualify for alternative funding sources. 
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(e) MAXIMUM AMOUNT.—The amount of a grant pro-
vided under this section may be up to 100 percent of costs, 
including— 
(1) initial operation costs incurred for startup 
and testing of project facilities; 
(2) costs of components to ensure such facilities 
and components are properly operational; and 
(3) costs of operation or maintenance incurred 
subsequent to placing the facilities or components 
into service. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$100,000,000, to remain available until expended. 
(g) COORDINATION REQUIRED.—In carrying out this 
section, the Secretary shall consult with the Secretary of 
Agriculture and the Administrator of the Environmental 
Protection Agency to identify opportunities to improve the 
efficiency, effectiveness, and impact of activities carried 
out under this section to help disadvantaged communities 
address a significant decline in the quantity or quality of 
drinking water. 
SEC. 107. WATER INFRASTRUCTURE FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund, to be known as the 
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Bureau of Reclamation Infrastructure Fund (referred to 
in this section as the ‘‘Fund’’), consisting of— 
(1) such amounts as are deposited in the Fund 
under subsection (b); and 
(2) any interest earned on investment of 
amounts in the Fund under subsection (c)(1)(B). 
(b) DEPOSITS TO FUND.— 
(1) IN
GENERAL.—For each of fiscal years 
2032 through 2062, the Secretary of the Treasury 
shall deposit in the Fund $300,000,000 of the reve-
nues that would otherwise be deposited for the fiscal 
year in the reclamation fund established by the first 
section of the Act of June 17, 1902 (32 Stat. 388; 
chapter 1093), of which— 
(A) $100,000,000 shall be expended by the 
Secretary for water reclamation and reuse 
projects authorized under title XVI of Public 
Law 102–575 or section 4009 of Public Law 
114–322; 
(B) $100,000,000 shall be expended by the 
Secretary for grants authorized under sections 
6002 and 9504 of the Omnibus Public Land 
Management Act of 2009 (16 U.S.C. 1015a 
and 42 U.S.C. 10364); and 
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(C) $100,000,000 shall be expended by the 
Secretary to perform modifications to preserve 
the structural safety of Bureau of Reclamation 
dams and related facilities to ensure that Rec-
lamation facilities do not present unreasonable 
risks to public safety, property, or the environ-
ment, provided that Federal expenditures made 
under this section— 
(i) account for no more than 85 per-
cent of the total costs for any dam safety 
project; and 
(ii) are made in accordance with sec-
tion 3 of the Reclamation Safety of Dams 
Act of 1978. 
(2) AVAILABILITY OF AMOUNTS.—Amounts de-
posited in the Fund under this section shall— 
(A) be made available in accordance with 
this section, without further appropriation; and 
(B) be in addition to amounts appropriated 
for such purposes under any other provision of 
law. 
(c) EXPENDITURES FROM FUND.— 
(1) IN GENERAL.—Subject to subsection (b), 
for each of fiscal years 2032 through 2062, the Sec-
retary may expend from the Fund, in accordance 
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with this section, not more than an amount equal to 
the sum of— 
(A) the amounts deposited in the Fund 
that year under subsection (b); and 
(B) the amount of interest accrued in the 
Fund for the fiscal year in which the expendi-
tures are made. 
(2) ADDITIONAL EXPENDITURES.— 
(A) IN GENERAL.—The Secretary may ex-
pend more in any fiscal year than the amounts 
described in subsection (a) if the additional 
amounts are available in the Fund as a result 
of a failure of the Secretary to expend all of the 
amounts available under subsection (a) in 1 or 
more prior fiscal years. 
(B) RETENTION IN ACCOUNTS.—Any addi-
tional amounts referred to in paragraph (1) 
shall— 
(i) accrue interest in accordance with 
this section; and 
(ii) only be expended for the purposes 
for which expenditures from the Fund are 
authorized. 
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TITLE II—IMPROVED 
TECHNOLOGY AND DATA 
SEC. 201. REAUTHORIZATION OF WATER AVAILABILITY 
AND USE ASSESSMENT PROGRAM. 
Section 9508 of Public Law 111–11 (42 U.S.C. 
10368) is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘and’’ at the end of para-
graph (2)(A)(ii)(VII); 
(B) in paragraph (2)(A)(iii), by adding 
‘‘and’’ at the end; 
(C) by adding at the end of paragraph 
(2)(A) the following: 
‘‘(iv) water supplies made available 
through water reuse and seawater and 
brackish desalination;’’; and 
(D) by adding at the end the following: 
‘‘(3) DATA INTEGRATION.—In carrying out the 
assessment program, the Secretary shall, to the 
greatest extent practicable— 
‘‘(A) integrate available data from new 
technologies where appropriate including data 
made available from drones and emerging re-
mote sensing technologies; and 
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‘‘(B) coordinate with relevant Federal 
agencies and bureaus to develop common data 
requirements for— 
‘‘(i) Federal water data programs and 
efforts; and 
‘‘(ii) geospatial data programs that 
can inform assessments of water avail-
ability and use under the assessment pro-
gram.’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘State 
water resource’’ each place it appears and in-
serting ‘‘State or Tribal water resource’’; 
(B) in the heading of paragraph (2), by 
striking ‘‘CRITERIA’’ and inserting ‘‘STATE CRI-
TERIA’’; 
(C) by inserting after paragraph (2) the 
following (and redesignating the succeeding 
paragraph accordingly): 
‘‘(3) TRIBAL CRITERIA.—To be eligible to re-
ceive a grant under paragraph (1), a Tribal water 
resource agency shall demonstrate to the Secretary 
that the water use and availability dataset proposed 
to be established or integrated by the Tribal water 
resource agency— 
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‘‘(A) is in compliance with each quality 
and conformity standard established by the Sec-
retary to ensure that the data will be capable 
of integration with any national dataset; and 
‘‘(B) will enhance the ability of the offi-
cials of the Tribe or the Tribal water resource 
agency to carry out water management respon-
sibilities. 
‘‘(4) TRIBAL WATER RESOURCE AGENCY DEFI-
NITION.—For the purposes of this subsection, the 
term ‘Tribal water resource agency’ means any 
agency of an Indian Tribe responsible for water re-
source planning and management.’’; and 
(D) in paragraph (5) (as so redesig-
nated)— 
(i) by inserting ‘‘or Tribal water re-
source agency’’ after ‘‘State water resource 
agency’’; and 
(ii) by inserting ‘‘within any 5-year 
period’’ after ‘‘$250,000’’; and 
(3) in subsection (e)(2), by striking ‘‘2009 
through 2013’’ and inserting ‘‘2022 through 2026’’. 
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SEC. 202. MODIFICATIONS TO INCOME EXCLUSION FOR 
CONSERVATION SUBSIDIES. 
(a) IN GENERAL.—Section 136(a) of the Internal 
Revenue Code of 1986 is amended— 
(1) by striking ‘‘any subsidy provided’’ and in-
serting any subsidy— 
‘‘(1) provided’’; 
(2) by striking the period at the end and insert-
ing a comma; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(2) provided (directly or indirectly) by a public 
utility to a customer, or by a State or local govern-
ment to a resident of such State or locality, for the 
purchase or installation of any water conservation or 
efficiency measure; 
‘‘(3) provided (directly or indirectly) by a storm 
water management provider to a customer, or by a 
State or local government to a resident of such State 
or locality, for the purchase or installation of any 
storm water management measure; or 
‘‘(4) provided (directly or indirectly) by a State 
or local government to a resident of such State or 
locality for the purchase or installation of any waste-
water management measure, but only if such meas-
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121 
(f) RESEARCH PROGRAM.—The Secretary of Agri-
culture, in consultation with other appropriate Federal 
agencies, including the Environmental Protection Agency, 
shall establish a program of research to support the devel-
opment and revision of the voluntary guidelines estab-
lished under subsection (e). Such program shall— 
(1) identify marijuana cultivation or processing- 
related chemicals of concern; 
(2) assess the types and levels of exposure to 
chemicals of concern identified under paragraph (1) 
that may present significant adverse biological ef-
fects, and identify actions and additional research 
necessary to remediate such biological effects; 
(3) assess the impacts of marijuana cultivation 
and processing on waterways and bodies of water, 
and identify actions and additional research nec-
essary to remediate such impacts; 
(4) evaluate the performance of current remedi-
ation techniques for marijuana cultivation and proc-
essing sites; 
(5) identify areas for which additional research 
is necessary, including research relating to— 
(A) the impacts of indoor and outdoor 
marijuana cultivation and processing, including 
biological and hydrological effects and impacts 
VerDate Sep 11 2014 
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