2149 
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 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
2150 
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 
(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—
2151 
(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 
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,
2152 
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 
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-
2153 
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; 
(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-
2154 
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-
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-
2155 
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 
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
2156 
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 
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,
2157 
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, 
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
2158 
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 
(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
2159 
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— 
(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.
2160 
(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 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—
2161 
(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. 
(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
2162 
(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 
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
2163 
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) 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-
2164 
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— 
(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
2165 
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-
age project or Federal storage project as de-
fined under section 81212. 
(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.
2166 
(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-
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—
2167 
(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.— 
(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—
2168 
(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 
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
2169 
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). 
(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—
2170 
(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 
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 81213(g) of the Mov-
ing Forward 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
2171 
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 
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
2172 
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 
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.
2173 
(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 
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) is amended by striking ‘‘2020’’ each place it 
appears and inserting ‘‘2024’’. 
(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-
2174 
tershed restoration or other restoration project that re-
duces the risk of water storage loss described in subsection 
(a). 
SEC. 81214. 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-
2175 
ity, Supply, and Infrastructure Improvement 
Act, approved by California voters on November 
4, 2014, and failed to receive a maximum con-
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 subtitle, grandfathered storage projects 
shall be eligible to receive funding authorized under sec-
tion 81213(b) of this subtitle in accordance with this sub-
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
2176 
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 
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. 81215. 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
2177 
project’ means any project located in a 
Reclamation State that— 
‘‘(I) involves an ocean or brack-
ish water desalination facility— 
‘‘(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.
2178 
‘‘(ii) 
RURAL
DESALINATION 
PROJECT.—The term ‘rural desalination 
project’ means an eligible desalination 
project that is designed to serve a commu-
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—
2179 
‘‘(I) not more than 25 percent of 
the total cost of the eligible desalina-
tion project; or 
‘‘(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.
2180 
‘‘(II) COST-SHARING
REQUIRE-
MENT FOR FEASIBILITY STUDIES.—In 
the case of a rural desalination project 
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—
2181 
‘‘(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 
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;
2182 
‘‘(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 
‘‘(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
2183 
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). 
‘‘(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 
2021 through 2025, 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
2184 
of Reclamation shall submit rec-
ommendations regarding the initial 
award of preconstruction and con-
struction funding for consideration 
under subclause (I) to— 
‘‘(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-
2185 
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 
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.);
2186 
‘‘(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; 
‘‘(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;
2187 
‘‘(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 
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
2188 
section 4(c) of the Water Desalination Act of 1996 (42 
U.S.C. 10301 note; Public Law 104–298). 
SEC. 81216. 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;
2189 
(3) construction of new wells and connections to 
existing water source systems; 
(4) water distribution facilities; 
(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
2190 
(3) whether the applicant has the ability to 
qualify for alternative funding sources. 
(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.
2191 
(h) REPORT ON AFFORDABILITY, DISCRIMINATION, 
AND CIVIL RIGHTS VIOLATIONS, AND DATA COLLEC-
TION.— 
(1) STUDY.— 
(A) IN GENERAL.—The Comptroller Gen-
eral of the United States shall conduct a study 
on water and sewer services, in accordance with 
this subsection. 
(B) AFFORDABILITY.—In conducting the 
study under paragraph (1), the Comptroller 
shall study water affordability nationwide, in-
cluding— 
(i) rates for water and sewer services, 
increases in such rates during the ten-year 
period preceding such study, and water 
service disconnections due to unpaid water 
service charges; and 
(ii) the effectiveness of funding under 
section 1452 of the Safe Drinking Water 
Act and under section 601 of the Federal 
Water Pollution Control Act for promoting 
affordable, equitable, transparent, and reli-
able water and sewer service. 
(C) DISCRIMINATION AND CIVIL RIGHTS.— 
In conducting the study under paragraph (1),
2192 
the Comptroller, in collaboration with the Civil 
Rights Division of the Department of Justice, 
shall study— 
(i) discriminatory practices of water 
and sewer service providers; and 
(ii) violations by such service pro-
viders that receive Federal assistance of 
civil rights under title VI of the Civil 
Rights Act of 1964 with regard to equal 
access to water and sewer services. 
(D) DATA
COLLECTION.—In conducting 
the study under paragraph (1), the Comptroller 
shall collect information, assess the availability 
of information, and evaluate the methodologies 
used to collect information, related to— 
(i) people living without water or 
sewer services; 
(ii) water service disconnections due 
to unpaid water service charges, including 
disconnections experienced by households 
containing children, elderly persons, dis-
abled persons, chronically ill persons, or 
other vulnerable populations; and 
(iii) disparate effects, on the basis of 
race, gender, or socioeconomic status, of
2193 
water service disconnections and the lack 
of public water service. 
(2) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Comptroller 
shall submit to Congress a report that contains— 
(A) the results of the study conducted 
under subsection (a)(1); and 
(B) recommendations for utility companies, 
Federal agencies, and States relating to such 
results. 
CHAPTER 2—IMPROVED TECHNOLOGY 
AND DATA 
SEC. 81221. 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:
2194 
‘‘(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 
‘‘(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’’;
2195 
(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— 
‘‘(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
2196 
(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 ‘‘2021 through 2026’’. 
SEC. 81222. RENEWAL OF ADVISORY COMMITTEE ON 
WATER INFORMATION. 
(a) ADVISORY COMMITTEE RENEWED.—Not later 
than 30 days after the date of the enactment of this para-
graph, the Secretary shall renew the Advisory Committee 
on Water Information established by the Office of Man-
agement and Budget Memorandum No. M–92–01, the 
charter for which was renewed by the Secretary on June 
29, 2018. 
(b) TERMINATION.—The Advisory Committee re-
newed under this section shall not terminate except as pro-
vided by an Act of Congress. 
SEC. 81223. DESALINATION TECHNOLOGY DEVELOPMENT. 
The Water Desalination Act of 1996 (Public Law 
104–298; 42 U.S.C. 10301 note) is amended—
2197 
(1) in section 4(a)(1), by inserting ‘‘, including 
modules specifically designed for brine management’’ 
after ‘‘and concepts’’; and 
(2) in section 8(b)— 
(A) by striking ‘‘3,000,000’’ and inserting 
‘‘20,000,000’’; and 
(B) by striking ‘‘2017 through 2021’’ and 
inserting ‘‘2021 through 2026, in addition to 
the authorization of appropriations for projects 
in section 4(a)(2)(F)’’. 
SEC. 81224. X-PRIZE FOR WATER TECHNOLOGY BREAK-
THROUGHS. 
(a) WATER TECHNOLOGY AWARD PROGRAM ESTAB-
LISHED.—The Secretary, working through the Bureau of 
Reclamation, shall establish a program to award prizes to 
eligible persons described in subsection (b) for achieve-
ment in one or more of the following applications of water 
technology: 
(1) Demonstration of wastewater and industrial 
process water purification for reuse or desalination 
of brackish water or seawater with significantly less 
energy than current municipally and commercially 
adopted technologies. 
(2) Demonstration of portable or modular de-
salination units that can process 1 to 5,000,000 gal-
2198 
lons per day that could be deployed for temporary 
emergency uses in coastal communities or commu-
nities with brackish groundwater supplies. 
(3) Demonstration of significant advantages 
over current municipally and commercially adopted 
reverse osmosis technologies as determined by the 
board established under subsection (c). 
(4) Demonstration of significant improvements 
in the recovery of residual or waste energy from the 
desalination process. 
(5) Reducing open water evaporation. 
(b) ELIGIBLE PERSON.—An eligible person described 
in this subsection is— 
(1) an individual who is— 
(A) a citizen or legal resident of the 
United States; or 
(B) a member of a group that includes 
citizens or legal residents of the United States; 
(2) an entity that is incorporated and maintains 
its primary place of business in the United States; 
or 
(3) a public water agency. 
(c) ESTABLISHMENT OF BOARD.—
2199 
(1) IN GENERAL.—The Secretary shall establish 
a board to administer the program established under 
subsection (a). 
(2) MEMBERSHIP.—The board shall be com-
posed of not less than 15 and not more than 21 
members appointed by the Secretary, of whom not 
less than 2 shall— 
(A) be a representative of the interests of 
public water districts or other public organiza-
tions with water delivery authority; 
(B) be a representative of the interests of 
academic organizations with expertise in the 
field of water technology, including desalination 
or water reuse; 
(C) be representative of a non-profit con-
servation organization; 
(D) have expertise in administering award 
competitions; and 
(E) be a representative of the Bureau of 
Reclamation of the Department of the Interior 
with expertise in the deployment of desalination 
or water reuse. 
(d) AWARDS.—Subject to the availability of appro-
priations, the board established under subsection (c) may
2200 
make awards under the program established under sub-
section (a) as follows: 
(1) FINANCIAL PRIZE.—The board may hold a 
financial award competition and award a financial 
award in an amount determined before the com-
mencement of the competition to the first competitor 
to meet such criteria as the board shall establish. 
(2) RECOGNITION PRIZE.— 
(A) IN GENERAL.—The board may recog-
nize an eligible person for superlative achieve-
ment in 1 or more applications described in 
subsection (a). 
(B) NO FINANCIAL REMUNERATION.—An 
award under this paragraph shall not include 
any financial remuneration. 
(e) ADMINISTRATION.— 
(1) 
CONTRACTING.—The 
board 
established 
under subsection (c) may contract with a private or-
ganization to administer a financial award competi-
tion described in subsection (d)(1). 
(2) SOLICITATION OF FUNDS.—A member of 
the board or any administering organization with 
which the board has a contract under paragraph (1) 
may solicit gifts from private and public entities to
2201 
be used for a financial award under subsection 
(d)(1). 
(3) LIMITATION
ON
PARTICIPATION
OF
DO-
NORS.—The board may allow a donor who is a pri-
vate person described in paragraph (2) to participate 
in the determination of criteria for an award under 
subsection (d), but such donor may not solely deter-
mine the criteria for such award. 
(4) NO ADVANTAGE FOR DONATION.—A donor 
who is a private person described in paragraph (3) 
shall not be entitled to any special consideration or 
advantage with respect to participation in a financial 
award competition under subsection (d)(1). 
(f) INTELLECTUAL PROPERTY.—The Federal Gov-
ernment may not acquire an intellectual property right in 
any product or idea by virtue of the submission of such 
product or idea in any competition under subsection 
(d)(1). 
(g) LIABILITY.—The board established under sub-
section (c) may require a competitor in a financial award 
competition under subsection (d)(1) to waive liability 
against the Federal Government for injuries and damages 
that result from participation in such competition. 
(h) ANNUAL REPORT.—Each year, the board estab-
lished under subsection (c) shall submit to the relevant
2202 
committees of Congress a report on the program estab-
lished under subsection (a). 
(i) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated sums for the program established 
under subsection (a) as follows: 
(A) For administration of prize competi-
tions under subsection (d), $750,000 for each 
fiscal year through fiscal year 2026. 
(B) For the awarding of a financial prize 
award under subsection (d)(1), in addition to 
any amounts received under subsection (e)(2), 
$5,000,000 for each fiscal year through fiscal 
year 2026. 
(2) 
AVAILABILITY.—Amounts 
appropriated 
under paragraph (1) shall remain available until ex-
pended. 
(j) WATER TECHNOLOGY INVESTMENT PROGRAM 
ESTABLISHED.—The Secretary, acting through the Bu-
reau of Reclamation, shall establish a program, pursuant 
to the Reclamation Wastewater and Groundwater Study 
and Facilities Act (Public Law 102–575, title XVI), the 
Water Desalination Act of 1996 (Public Law 104–298), 
and other applicable laws, to promote the expanded use
2203 
of technology for improving availability and resiliency of 
water supplies and power deliveries, which shall include— 
(1) investments to enable expanded and acceler-
ated deployment of desalination technology; and 
(2) investments to enable expanded and acceler-
ated use of recycled water. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 for each fis-
cal year through fiscal year 2026 for the Secretary to 
carry out the purposes and provisions of subsection (j). 
SEC. 81225. STUDY EXAMINING SEDIMENT TRANSPORT. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary shall 
make appropriate arrangements with the National Acad-
emies of Sciences, Engineering, and Medicine (referred to 
in this section as the ‘‘National Academies’’) under which 
the National Academies shall conduct a study that— 
(1) examines existing science and management 
guidance related to methods for managing sediment 
transport from dam removal; 
(2) includes case studies where diverse inter-
ests, including hydroelectric, agricultural, conserva-
tion, and industry stakeholders work jointly with 
Tribal, State, and Federal government agencies to
2204 
implement collaborative projects requiring sediment 
transport; and 
(3) identifies future research opportunities, re-
quirements, and recommendations related to the 
science and management guidance examined under 
paragraph (1), including research opportunities, re-
quirements, and recommendations related to mod-
eling and quantifying sediment flows. 
(b) REPORT.—In entering into an arrangement under 
subsection (a), the Secretary shall request that the Na-
tional Academies transmit to the Secretary and to Con-
gress a report not later than 36 months after the date 
of the enactment of this Act that— 
(1) includes the results of the study and rel-
evant interpretations of the results; 
(2) provides recommendations for applying 
science in management and mitigation decisions re-
lating to dam removal; and 
(3) provides recommendations for improving fu-
ture research on the beneficial and adverse environ-
mental impacts of sediment transport from dam re-
moval and appropriate actions to mitigate such im-
pacts.
2205 
SEC. 81226. DETERMINATION OF WATER SUPPLY ALLOCA-
TIONS. 
(a) SNOWPACK MEASUREMENT DATA.—When deter-
mining water supply allocations, the Secretary, acting 
through the Commissioner of the Bureau of Reclamation, 
shall incorporate to the greatest extent practicable infor-
mation from emerging technologies for snowpack measure-
ment such as— 
(1) synthetic aperture radar; 
(2) laser altimetry; or 
(3) any other emerging technologies that can 
provide more accurate or timely snowpack measure-
ment data as determined by the Secretary. 
(b) COORDINATION.—In carrying out subsection (a), 
the Secretary may coordinate data use and collection ef-
forts with other Federal agencies and bureaus that cur-
rently use or may benefit from the use of emerging tech-
nologies for snowpack measurement. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $5,000,000 
to carry out this section. 
(d) REPORT.—Not later than October 1, 2022, the 
Secretary shall submit to Congress a report summarizing 
the use of emerging technologies pursuant to this section 
and describe any benefits derived from the use of such
2206 
technologies related to the environment and increased 
water supply reliability. 
SEC. 81227. FEDERAL PRIORITY STREAMGAGES. 
(a) FEDERAL PRIORITY STREAMGAGES.—The Sec-
retary shall make every reasonable effort to make oper-
ational all streamgages identified as Federal Priority 
Streamgages by the United States Geological Survey not 
later than 10 years after the date of the enactment of this 
Act. 
(b) COLLABORATION WITH STATES.—The Secretary 
shall, to the maximum extent practicable, seek to leverage 
Federal investments in Federal Priority Streamgages 
through collaborative partnerships with States and local 
agencies that invest non-Federal funds to maintain and 
enhance gage networks to improve both environmental 
quality and water supply reliability. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $45,000,000 to carry 
out this section for each fiscal year through fiscal year 
2026. 
SEC. 81228. STUDY EXAMINING CLIMATE VULNERABILITIES 
AT FEDERAL DAMS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of the enactment of this Act, the Secretary shall 
make appropriate arrangements with the National Acad-
2207 
emies of Sciences, Engineering, and Medicine (referred to 
in this section as the ‘‘National Academies’’) under which 
the National Academies shall conduct an independent 
study to— 
(1) examine the projected impact of climate 
change on the safety of Bureau of Reclamation 
dams; and 
(2) evaluate and list the Bureau of Reclamation 
dams that are most vulnerable to climate change re-
lated safety risks based on an assessment of climate 
change related impacts on— 
(A) the frequency of heavy precipitation 
events; and 
(B) other factors that influence the mag-
nitude and severity of flooding events including 
snow cover and snowmelt, vegetation, and soil 
moisture. 
(b) REPORT.—In entering into an arrangement under 
subsection (a), the Secretary shall request that the Na-
tional Academies— 
(1) transmit to the Secretary and to the rel-
evant committees of Congress a report not later 
than 24 months after the date of the enactment of 
this Act that includes the results of the study; and
2208 
(2) consider any previous studies or evaluations 
conducted or completed by the Bureau of Reclama-
tion or local water agencies on climate change im-
pacts to dams, facilities, and watersheds as a ref-
erence and source of information during the develop-
ment of the independent study. 
SEC. 81229. INNOVATIVE TECHNOLOGY ADOPTION. 
The Secretary is directed to include as a priority for 
grants authorized under section 9504 of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10364), 
the Water Conservation Field Services Program, and 
other water conservation grant programs, as appropriate, 
that help foster the adoption of technologies that can— 
(1) identify losses from water conveyance facili-
ties in a non-destructive manner that— 
(A) does not disrupt the conveyance of 
water supplies; and 
(B) provides comprehensive data on pipe-
line integrity, including leak and gas pocket de-
tection, for all pipeline materials; 
(2) provide real-time monitoring of weather pat-
terns and reservoir operations to improve flexibility, 
protect natural resources, increase resiliency, main-
tain temperature control, and ensure water supply 
reliability;
2209 
(3) provide real-time data acquisition and anal-
ysis to improve predictive aquifer management, in-
cluding the improvement of recharge, storage, and 
stormwater management capabilities; 
(4) implement the use of real time sensors and 
forecast data to improve the management of other 
water infrastructure assets, including the identifica-
tion and prevention of impairments from inad-
equately 
treated 
agricultural 
or 
municipal 
wastewaters or stormwater; or 
(5) improve water use efficiency and conserva-
tion, including through behavioral water efficiency, 
supervisory control and data acquisition systems, or 
other system modernizations. 
CHAPTER 3—ECOSYSTEM PROTECTION 
AND RESTORATION 
SEC. 81231. WATERBIRD HABITAT CREATION PROGRAM. 
(a) AUTHORIZATION OF HABITAT CREATION PRO-
GRAM.—The Secretary shall establish a program to 
incentivize farmers to keep fields flooded during appro-
priate time periods for the purposes of waterbird habitat 
creation and maintenance, including waterfowl and 
shorebird habitat creation and maintenance, provided 
that—
2210 
(1) such incentives may not exceed $3,500,000 
annually, either directly or through credits against 
other contractual payment obligations; 
(2) the holder of a water contract receiving pay-
ments under this section pass such payments 
through to farmers participating in the program, 
less reasonable contractor costs, if any; and 
(3) the Secretary determines that habitat cre-
ation activities receiving financial support under this 
section will create new habitat that is not likely to 
be created without the financial incentives provided 
under this section. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $3,500,000 
for each fiscal year through fiscal year 2026 to carry out 
this section, to remain available until expended. 
(c) REPORT.—Not later than October 1, 2021, and 
every 2 years thereafter, the Secretary shall submit to 
Congress a report summarizing the environmental per-
formance of activities that are receiving, or have received, 
assistance under the program authorized by this section. 
SEC. 
81232. 
COOPERATIVE 
WATERSHED 
MANAGEMENT 
PROGRAM. 
The Omnibus Public Land Management Act of 2009 
(16 U.S.C. 1015 et seq.) is amended—
2211 
(1) in section 6001— 
(A) 
by 
redesignating 
paragraphs 
(2) 
through (6) as paragraphs (3) through (7), re-
spectively; 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) 
DISADVANTAGED
COMMUNITIES.—The 
term ‘disadvantaged communities’ means commu-
nities, including cities, towns, or counties, or reason-
ably isolated and divisible segments of larger munici-
palities, with an annual median household income 
that is less than 100 percent of the statewide annual 
median household income, as determined by the lat-
est available decennial census.’’; 
(C) in paragraph (6)(B)(i) (as so redesig-
nated)— 
(i) in subclause (VIII), by striking 
‘‘and’’ at the end; 
(ii) in subclause (IX), by inserting ‘‘; 
and’’ at the end; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(X) disadvantaged communities;’’; and 
(D) in subparagraph (C) of paragraph (7) 
(as so redesignated), by inserting ‘‘, including
2212 
benefits to fisheries, wildlife, and habitat river 
or stream’’; and 
(2) in section 6002— 
(A) by amending subsection (b) to read as 
follows: 
‘‘(b) ESTABLISHMENT
OF APPLICATION PROCESS; 
CRITERIA.—Not later than March 30, 2021, the Secretary 
shall update— 
‘‘(1) the application process for the program; 
and 
‘‘(2) 
in 
consultation 
with 
the 
States, 
prioritization and eligibility criteria for considering 
applications submitted in accordance with the appli-
cation process.’’. 
SEC. 81233. COMPETITIVE GRANT PROGRAM FOR THE 
FUNDING 
OF 
WATERSHED 
HEALTH 
PROJECTS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act and in accordance with 
this section, the Secretary, in consultation with the heads 
of relevant agencies, shall establish a competitive grant 
program to award grants to an eligible entity for habitat 
restoration projects that improve watershed health in a 
Reclamation State and accomplish one or more of the fol-
lowing benefits:
2213 
(1) Ecosystem benefits. 
(2) Restoration of native species beyond exist-
ing or planned measures necessary to meet State or 
Federal laws for species recovery. 
(3) Protection against invasive species. 
(4) Restoration of aspects of the natural eco-
system. 
(5) Enhancement of commercial and rec-
reational fishing. 
(6) Enhancement of river-based recreation such 
as kayaking, canoeing, and rafting. 
(7) Mitigate against the impacts of climate 
change to fish and wildlife habitats. 
(b) REQUIREMENTS.— 
(1) IN GENERAL.—In awarding a grant under 
subsection (a), the Secretary— 
(A) shall give priority to a project that 
achieves more than one of the benefits listed in 
subsection (a); and 
(B) may not provide a grant for a project 
that is for the purpose of meeting existing envi-
ronmental mitigation or compliance obligations 
under State or Federal law.
2214 
(2) COMPLIANCE.—A project awarded a grant 
under subsection (a) shall comply with all applicable 
Federal and State laws. 
(c) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘‘eligible entity’’ means a State, Indian 
Tribe, nonprofit conservation organization operating in a 
Reclamation State, irrigation district, water district, or 
other organization with water or power delivery authority. 
(d) PUBLIC PARTICIPATION.—Before the establish-
ment of the program under subsection (a), the Secretary 
shall— 
(1) provide notice of and, for a period of not 
less than 90 days, an opportunity for public com-
ment on, any draft or proposed version of the pro-
gram requirements in accordance with this section; 
and 
(2) consider public comments received in devel-
oping the final program requirements. 
(e) REPORT.—Not later than October 1, 2022, and 
every 2 years thereafter, the Secretary shall submit to 
Congress a report summarizing the environmental per-
formance of activities that are receiving, or have received, 
assistance under the program authorized by this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section
2215 
$150,000,000 for each fiscal year through fiscal year 
2026, to remain available until expended. 
SEC. 81234. SUPPORT FOR REFUGE WATER DELIVERIES. 
(a) REPORT ON HISTORIC REFUGE WATER DELIV-
ERIES.—Not later than 90 days after the date of the en-
actment of this Act, the Secretary shall submit to the rel-
evant committees of Congress and make publicly available 
a report that describes the following: 
(1) Compliance with section 3406(d)(1) and 
section 3406(d)(2) of the Central Valley Project Im-
provement Act (title XXXIV of Public Law 102– 
575) in each of years 1992 through 2018, including 
an indication of the amount of water identified as 
the Level 2 amount and incremental Level 4 amount 
for each wetland area. 
(2) The difference between the mandated quan-
tity of water to be delivered to each wetland habitat 
area described in section 3406(d)(2) and the actual 
quantity of water delivered since October 30, 1992, 
including a listing of every year in which the full de-
livery of water to wetland habitat areas was achieved 
in accordance with level 4 of the ‘‘Dependable Water 
Supply 
Needs’’ 
table, 
described 
in 
section 
3406(d)(2) of the Central Valley Project Improve-
ment Act (title XXXIV of Public Law 102–575).
2216 
(3) Which of the authorities granted to the Sec-
retary under Public Law 102–575 to achieve the full 
level 4 deliveries of water to wetland habitat areas 
was employed in achieving the increment of water 
delivery above the Level 2 amount for each wetland 
habitat area, including whether water conservation, 
conjunctive use, water purchases, water leases, dona-
tions, water banking, or other authorized activities 
have been used and the extent to which such au-
thorities have been used. 
(4) An assessment of the degree to which the 
elimination of water transaction fees for the dona-
tion of water rights to wildlife refuges would help 
advance the goals of the Central Valley Project Im-
provement Act (title XXXIV of Public Law 102– 
575). 
(b) PRIORITY CONSTRUCTION LIST.—The Secretary 
shall establish, through a public process and in consulta-
tion with the Interagency Refuge Water Management 
Team, a priority list for the completion of the conveyance 
construction projects at the wildlife habitat areas de-
scribed in section 3406(d)(2) of the Central Valley Project 
Improvement Act (title XXXIV of Public Law 102–575), 
including the Mendota Wildlife Area, Pixley National 
Wildlife Refuge and Sutter National Wildlife Refuge.
2217 
(c) ECOLOGICAL MONITORING
AND EVALUATION 
PROGRAM.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary, acting through the 
Director of the United States Fish and Wildlife Service, 
shall design and implement an ecological monitoring and 
evaluation program, for all Central Valley wildlife refuges, 
that produces an annual report based on existing and 
newly collected information, including— 
(1) the United States Fish and Wildlife Service 
Animal Health Lab disease reports; 
(2) mid-winter waterfowl inventories; 
(3) nesting and brood surveys; 
(4) additional data collected regularly by the 
refuges, such as herptile distribution and abundance; 
(5) a new coordinated systemwide monitoring 
effort for at least one key migrant species and two 
resident species listed as threatened and endangered 
pursuant to the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) (including one warm-blood-
ed and one cold-blooded), that identifies population 
numbers and survival rates for the 3 previous years; 
and 
(6) an estimate of the bioenergetic food produc-
tion benefits to migrant waterfowl, consistent with 
the methodology used by the Central Valley Joint
2218 
Venture, to compliment and inform the Central Val-
ley Joint Venture implementation plan. 
(d) ADEQUATE STAFFING FOR REFUGE WATER DE-
LIVERY OBJECTIVES.—The Secretary shall ensure that 
adequate staffing is provided to advance the refuge water 
supply delivery objectives under the Central Valley Project 
Improvement Act (title XXXIV of Public Law 102–575). 
(e) FUNDING.—There is authorized to be appro-
priated $25,000,000 to carry out subsections (a) through 
(d), which shall remain available until expended. 
(f) EFFECT ON OTHER FUNDS.—Amounts author-
ized under this section shall be in addition to amounts col-
lected or appropriated under the Central Valley Project 
Improvement Act (title XXXIV of Public Law 102–575). 
SEC. 81235. DROUGHT PLANNING AND PREPAREDNESS FOR 
CRITICALLY IMPORTANT FISHERIES. 
(a) DEFINITIONS.—In this section: 
(1) CRITICALLY IMPORTANT FISHERIES.—The 
term ‘‘critically important fisheries’’ means— 
(A) commercially and recreationally impor-
tant fisheries located within the Reclamation 
States; 
(B) fisheries containing fish species that 
are listed as threatened or endangered pursuant 
to the Endangered Species Act of 1973 (16
2219 
U.S.C. 1531 et seq.) within the Reclamation 
States; or 
(C) fisheries used by Indian Tribes within 
the Reclamation States for ceremonial, subsist-
ence, or commercial purposes. 
(2) QUALIFIED
TRIBAL
GOVERNMENT.—The 
term ‘‘qualified Tribal Government’’ means any gov-
ernment of an Indian Tribe that the Secretary deter-
mines— 
(A) is involved in fishery management and 
recovery activities including under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et 
seq.); or 
(B) has the management and organiza-
tional capability to maximize the benefits of as-
sistance provided under this section. 
(b) DROUGHT PLAN FOR CRITICALLY IMPORTANT 
FISHERIES.—Not later than January 1, 2021 and every 
three years thereafter, the Secretary, acting through the 
Director of the United States Fish and Wildlife Service 
shall, in consultation with the National Marine Fisheries 
Service, the Bureau of Reclamation, the Army Corps of 
Engineers, State fish and wildlife agencies, and affected 
Indian Tribes, prepare a plan to sustain the survival of 
critically important fisheries within the Reclamation
2220 
States during future periods of extended drought. The 
plan shall focus on actions that can aid the survival of 
critically important fisheries during the driest years. In 
preparing such plan, the Director shall consider— 
(1) habitat restoration efforts designed to pro-
vide drought refugia and increased fisheries resil-
ience during droughts; 
(2) relocating the release location and timing of 
hatchery fish to avoid predation and temperature 
impacts; 
(3) barging of hatchery release fish to improve 
survival and reduce straying; 
(4) coordination with water users, the Bureau 
of Reclamation, State fish and wildlife agencies, and 
interested public water agencies regarding voluntary 
water transfers, including through groundwater sub-
stitution activities, to determine if water releases can 
be collaboratively managed in a way that provides 
additional benefits for critically important fisheries 
without negatively impacting wildlife habitat; 
(5) hatchery management modifications, such 
as expanding hatchery production of fish during the 
driest years, if appropriate for a particular river 
basin;
2221 
(6) hatchery retrofit projects, such as the in-
stallation and operation of filtration equipment and 
chillers, to reduce disease outbreaks, egg mortality 
and other impacts of droughts and high water tem-
peratures; 
(7) increasing rescue operations of upstream 
migrating fish; 
(8) improving temperature modeling and related 
forecasted information to predict water management 
impacts to the habitat of critically important fish-
eries with a higher degree of accuracy than current 
models; 
(9) testing the potential for parentage-based 
tagging and other genetic testing technologies to im-
prove the management of hatcheries; 
(10) programs to reduce predation losses at ar-
tificially created predation hot spots; and 
(11) retrofitting existing water facilities to pro-
vide improved temperature conditions for fish. 
(c) PUBLIC COMMENT.—The Director of the United 
States Fish and Wildlife Service shall provide for a public 
comment period of not less than 90 days before finalizing 
a plan under subsection (a). 
(d) AUTHORIZATION OF APPROPRIATIONS FOR FISH 
RECOVERY EFFORTS.—There is authorized to be appro-
2222 
priated $25,000,000 for the United States Fish and Wild-
life Service for fiscal year 2021 for fish, stream, and 
hatchery activities related to fish recovery efforts, includ-
ing work with the National Marine Fisheries Service, the 
Bureau of Reclamation, the Army Corps of Engineers, 
State fish and wildlife agencies, or a qualified Tribal Gov-
ernment. 
(e) EFFECT.—Nothing in this section is intended to 
expand, diminish, or affect any obligation under Federal 
or State environmental law. 
SEC. 81236. AQUATIC ECOSYSTEM RESTORATION. 
(a) GENERAL AUTHORITY.—Subject to the require-
ments of this section, on request of any eligible entity the 
Secretary may negotiate and enter into an agreement on 
behalf of the United States to fund the design, study, and 
construction of an aquatic ecosystem restoration and pro-
tection project if the Secretary determines that the project 
is likely to improve the quality of the environment in a 
Reclamation State by improving fish passage through the 
removal or bypass of barriers to fish passage. 
(b) REQUIREMENTS.—Construction of a project 
under this section shall be a voluntary project initiated 
only after—
2223 
(1) an eligible entity has entered into an agree-
ment with the Secretary to pay no less than 35 per-
cent of the costs of project construction; and 
(2) the Secretary determines the proposed 
project— 
(A) will not result in an unmitigated ad-
verse impact on fulfillment of existing water de-
livery obligations consistent with historical oper-
ations and applicable contracts; 
(B) will not result in an unmitigated ad-
verse effect on the environment; 
(C) is consistent with the responsibilities of 
the Secretary— 
(i) in the role as trustee for federally 
recognized Indian Tribes; and 
(ii) to ensure compliance with any ap-
plicable international and Tribal treaties 
and agreements and interstate compacts 
and agreements; 
(D) is in the financial interest of the 
United States based on a determination that 
the project advances Federal objectives includ-
ing environmental enhancement objectives in a 
Reclamation State; and
2224 
(E) protects the public aspects of the eligi-
ble facility, including water rights managed for 
public purposes, such as flood control or fish 
and wildlife. 
(c) ENVIRONMENTAL LAWS.—In participating in a 
project under this section, 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 Rec-
lamation State in which the project is located involving 
the construction, expansion or operation of a water stor-
age 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 requirement 
otherwise applicable under this section. 
(d) FUNDING.—There is authorized to be appro-
priated to carry out this section $25,000,000 for each fis-
cal year through fiscal year 2026, to remain available until 
expended. 
(e) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘‘eligible entity’’ means any Reclamation 
State, any department, agency, or subdivision of a Rec-
lamation State, any public agency organized pursuant to 
the laws of a Reclamation State, an Indian Tribe, or a 
non-profit organization operating in a Reclamation State.
2225 
(f) PRIORITY
FOR PROJECTS PROVIDING PUBLIC 
SAFETY
AND
REGIONAL
BENEFITS.—When funding 
projects under this section, the Secretary shall prioritize 
projects that— 
(1) are likely to provide public safety benefits; 
and 
(2) are regional in nature, including projects 
that span two or more river basins. 
SEC. 81237. REAUTHORIZATION OF THE FISHERIES RES-
TORATION AND IRRIGATION MITIGATION ACT 
OF 2000. 
Section 10(a) of the Fisheries Restoration and Irriga-
tion Mitigation Act of 2000 (16 U.S.C. 777 note; Public 
Law 106–502) is amended by striking ‘‘$15 million 
through 2021’’ and inserting ‘‘$25,000,000 through 
2027’’. 
SEC. 81238. REPORT ON FISH THAT INHABIT WATERS THAT 
CONTAIN 
PERFLUOROALKYL 
OR 
POLYFLUOROALKYL SUBSTANCES. 
(a) IN GENERAL.—The Administrator of the Na-
tional Oceanic and Atmospheric Administration, in coordi-
nation with the Director of the United States Fish and 
Wildlife Service, the Administrator of the Environmental 
Protection Agency, the Director of the Centers for Disease 
Control and Prevention, and the Director of the United
2226 
States Geological Survey, shall submit to Congress a re-
port on the impact of waters that contain perfluoroalkyl 
or polyfluoroalkyl substances on fish that— 
(1) inhabit such waters; and 
(2) are used for recreation or subsistence. 
(b) CONTENT.—The report required by subsection 
(a) shall include information on the following: 
(1) The concentration of perfluoroalkyl and 
polyfluoroalkyl substances in fish that inhabit waters 
that contain such substances. 
(2) The health risks posed to persons who fre-
quently consume fish that inhabit waters that con-
tain perfluoroalkyl or polyfluoroalkyl substances. 
(3) The risks to natural predators of fish that 
inhabit waters that contain perfluoroalkyl or 
polyfluoroalkyl substances, including dolphins. 
(4) Measures that can be taken to mitigate the 
risks described in paragraphs (2) and (3). 
CHAPTER 4—WATER JOB TRAINING AND 
EDUCATION 
SEC. 81241. WATER RESOURCE EDUCATION. 
(a) GENERAL AUTHORITY.—In accordance with this 
section, the Secretary may enter into a cooperative agree-
ment or contract or provide financial assistance in the
2227 
form of a grant, to support activities related to education 
on water resources. 
(b) ELIGIBLE ACTIVITIES.—The Secretary may enter 
into a cooperative agreement or contract or provide finan-
cial assistance for activities that improve water resources 
education, including through tours, publications or other 
activities that— 
(1) disseminate information on water resources 
via educational tools, materials or programs; 
(2) publish relevant information on water re-
source issues, including environmental and ecological 
conditions; 
(3) advance projects that improve public under-
standing of water resource issues or management 
challenges, including education on drought, drought 
awareness, and drought resiliency; 
(4) provide training or related education for 
teachers, faculty, or related personnel, including in 
a specific geographic area or region; or 
(5) enable tours, conferences, or other activities 
to foster cooperation in addressing water resources 
or management challenges, including cooperation re-
lating to water resources shared by the United 
States and Canada or Mexico.
2228 
(c) GRANT PRIORITY.—In making grants under this 
section, the Secretary shall give priority to activities 
that— 
(1) provide training for the professional devel-
opment of legal and technical experts in the field of 
water resources management; or 
(2) help educate the public, teachers or key 
stakeholders on— 
(A) a new or significantly improved water 
resource management practice, method, or tech-
nique; 
(B) the existence of a water resource man-
agement practice, method, or technique that 
may have wide application; 
(C) a water resource management practice, 
method, or technique related to a scientific field 
or skill identified as a priority by the Secretary; 
or 
(D) general water resource issues or man-
agement challenges, including as part of a 
science curricula in elementary or secondary 
education setting. 
CHAPTER 5—MISCELLANEOUS 
SEC. 81251. OFFSET. 
(a) PURPOSE; DEFINITION.—
2229 
(1) PURPOSE.—The purpose of this section is 
to establish an efficient and transparent 1-time proc-
ess for deauthorizing Bureau of Reclamation 
projects that have failed— 
(A) to receive a minimum level of Federal 
investment; or 
(B) to initiate construction. 
(2) DEFINITION OF RECLAMATION PROJECT.— 
In this section, the term ‘‘Reclamation project’’ 
means a surface water storage project or project 
under the purview of title XVI of Public Law 102– 
575 that is to be carried out, funded or operated in 
whole or in part by the Secretary 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.). 
(b) BACKLOG LIST.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall 
submit to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Natural Re-
sources of the House of Representatives, and make avail-
able on a publicly accessible internet website in a manner 
that is downloadable, searchable, and sortable, a list of— 
(1) Reclamation projects— 
(A) that are authorized; and
2230 
(B) for which, during the fiscal year in 
which this Act is enacted and each of the pre-
ceding 10 fiscal years— 
(i) no application for Federal funding 
has been received; and 
(ii) no construction has occurred; and 
(2) for each Reclamation project listed under 
paragraph (1)— 
(A) the date of authorization of the Rec-
lamation project, including any subsequent 
modifications to the original authorization; 
(B) a brief description of the Reclamation 
project; and 
(C) any amounts appropriated for the Rec-
lamation project that remain unobligated. 
(c) INTERIM DEAUTHORIZATION LIST.— 
(1) IN GENERAL.—The Secretary shall develop 
and make publicly available an interim deauthoriza-
tion list that identifies each Reclamation project de-
scribed in subsection (b)(1). 
(2) PUBLIC COMMENT AND CONSULTATION.— 
(A) IN GENERAL.—The Secretary shall so-
licit and accept, for a period of not less than 90 
days, comments relating to the interim de-
authorization list under paragraph (1) from—
2231 
(i) the public; and 
(ii) the Governor of each applicable 
State. 
(B) PROJECT SPONSORS.—As part of the 
public comment period under subparagraph (A), 
the Secretary shall provide to project sponsors 
the opportunity to provide to the Secretary a 
notice of the intent to initiate construction of 
the project by not later than the date that is 2 
years after the date of publication of the pre-
liminary final deauthorization list under sub-
section (d). 
(3) SUBMISSION
TO
CONGRESS; 
PUBLICA-
TION.—Not later than 90 days after the date of sub-
mission of the backlog list under subsection (b), the 
Secretary shall— 
(A) submit the interim deauthorization list 
under paragraph (1) to the Committee on En-
ergy and Natural Resources of the Senate and 
the Committee on Natural Resources of the 
House of Representatives; and 
(B) publish the interim deauthorization list 
in the Federal Register. 
(d) PRELIMINARY FINAL DEAUTHORIZATION LIST.—
2232 
(1) IN GENERAL.—The Secretary shall develop 
a preliminary final deauthorization list that includes 
each project identified pursuant to paragraph (2). 
(2) IDENTIFICATION OF PROJECTS.— 
(A) EXCLUSIONS.—The Secretary may 
identify a Reclamation project described in sub-
section (b)(1) for exclusion from the prelimi-
nary final deauthorization list if the Secretary 
determines, on a case-by-case basis following re-
ceipt of public comments, that the project is 
critical for interests of the United States, based 
on the practicable impact of the project on— 
(i) public health and safety; 
(ii) the national economy; or 
(iii) the environment. 
(B) SUBJECT TO DEAUTHORIZATION DES-
IGNATION.—Any Reclamation project the spon-
sor of which has provided to the Secretary a no-
tice of the intent to initiate construction by not 
later than 2 years after the date of publication 
of the preliminary final deauthorization list 
under this subsection shall be designated on 
that list as ‘‘subject to deauthorization’’. 
(C) APPENDIX.—The Secretary shall in-
clude as part of the preliminary final deauthor-
2233 
ization list under this subsection an appendix 
that— 
(i) identifies each Reclamation project 
included on the interim deauthorization list 
under subsection (c) that is not included 
on the preliminary final deauthorization 
list; and 
(ii) describes the reasons why each 
Reclamation project identified under clause 
(i) is not included on the preliminary final 
deauthorization list. 
(3) SUBMISSION
TO
CONGRESS; 
PUBLICA-
TION.—Not later than 120 days after the date of ex-
piration of the public comment period under sub-
section (c)(2)(A), the Secretary shall— 
(A) submit to the Committee on Energy 
and Natural Resources of the Senate and the 
Committee on Natural Resources of the House 
of Representatives the preliminary final de-
authorization list and the appendix required 
under this subsection; and 
(B) publish the preliminary final deauthor-
ization list and appendix in the Federal Reg-
ister.
2234 
(e) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 
Effective beginning on the date that is 180 days after the 
date of submission to Congress of the preliminary final 
deauthorization list under subsection (d)(3)(A), each Rec-
lamation project included on that list is deauthorized, un-
less— 
(1) the Reclamation project is designated as 
‘‘subject to deauthorization’’ pursuant to subsection 
(d)(2)(B); or 
(2) Congress has enacted a joint resolution dis-
approving the preliminary final deauthorization list. 
(f) UPDATED FINAL DEAUTHORIZATION LIST.— 
(1) PUBLICATION.—Not later than the date 
that is 2 years after the date of publication of the 
preliminary final deauthorization list under sub-
section (d)(3)(B), the Secretary shall publish an up-
dated final deauthorization list. 
(2) PROJECTS
SUBJECT
TO
DEAUTHORIZA-
TION.—On the updated final deauthorization list 
under this subsection, the Secretary shall describe 
any Reclamation project designated as ‘‘subject to 
deauthorization’’ on the preliminary final deauthor-
ization list pursuant to subsection (d)(2)(B) as— 
(A) authorized, if the Secretary has re-
ceived evidence that the sponsor of the Rec-
2235 
lamation project has substantially initiated con-
struction on the Reclamation project; or 
(B) deauthorized, if the Secretary has not 
received the evidence described in subparagraph 
(A). 
(3) DEAUTHORIZATION.—Any project described 
as deauthorized pursuant to paragraph (2)(B) shall 
be deauthorized on the date that is 180 days after 
the date of submission of the updated final de-
authorization list under paragraph (1), unless Con-
gress has enacted a joint resolution disapproving 
that list. 
(g) TREATMENT OF PROJECT MODIFICATIONS.—For 
purposes of this section, if an authorized Reclamation 
project has been modified by an Act of Congress, the date 
of authorization of the project shall be considered to be 
the date of the most recent modification. 
SEC. 81252. DELAYED WATER PROJECT RECOMMENDA-
TIONS. 
The Secretary shall, not later than 30 days after the 
date of enactment of this Act, transmit recommendations 
to the appropriate committees of Congress for the use of 
funds made available for fiscal year 2019 to advance— 
(1) water storage projects in accordance with 
section 4007 of Public Law 114–322;
2236 
(2) title XVI water reuse projects in accordance 
with section 4009(c) of Public Law 114–322; and 
(3) water desalination projects in accordance 
with section 4009(a) of Public Law 114–322. 
SEC. 81253. CONTINUED USE OF PICK-SLOAN MISSOURI 
BASIN PROGRAM PROJECT USE POWER BY 
THE KINSEY IRRIGATION COMPANY AND THE 
SIDNEY WATER USERS IRRIGATION DISTRICT. 
(a) FINDINGS.—Congress finds that— 
(1) the Act of May 18, 1938 (52 Stat. 403, 
chapter 250; 16 U.S.C. 833 et seq.), authorized the 
completion, maintenance, and operation of the Fort 
Peck project; 
(2) section 2 of that Act (52 Stat. 404, chapter 
250; 16 U.S.C. 833a) authorized and directed the 
Bureau of Reclamation— 
(A) to transmit and sell electric energy 
generated by the Fort Peck project; and 
(B) ‘‘to interconnect the Fort Peck project 
with either private or with other Federal 
projects and publicly owned power systems now 
or hereafter constructed.’’; 
(3) section 9 of the Act of December 22, 1944 
(commonly known as the ‘‘Flood Control Act of 
1944’’) (58 Stat. 891, chapter 665)—
2237 
(A) authorized the Missouri River Basin 
Project, now known as the ‘‘Pick-Sloan Mis-
souri Basin Program’’ (referred to in this sec-
tion as the ‘‘Program’’); 
(B) approved the comprehensive plan for 
the Program set forth in Senate Document 191 
and House Document 475, as revised and co-
ordinated by Senate Document 247, 78th Con-
gress; 
(C) established a permanent administra-
tion for the development of the Missouri River 
Basin; and 
(D) incorporated the Fort Peck project as 
part of the Program; 
(4) in 1946, the Bureau of Reclamation entered 
into project use power contracts to provide the 
Kinsey Irrigation Company and the predecessor of 
the Sidney Water Users Irrigation District electrical 
service under the authority of the Act of May 18, 
1938 (52 Stat. 403, chapter 250; 16 U.S.C. 833 et 
seq.); 
(5) since 1946, the Bureau of Reclamation has 
approved 9 modifications to the project use power 
contracts between the Bureau of Reclamation, the
2238 
Kinsey Irrigation Company, and the Sidney Water 
Users Irrigation District; 
(6) the project use power contracts in effect on 
the date of enactment of this Act provide electric 
service to the Kinsey Irrigation Company and the 
Sidney Water Users Irrigation District at the Pro-
gram rate of 2.5 mills per kilowatt-hour, including 
wheeling, through 2020; and 
(7) the Kinsey Irrigation Company and the Sid-
ney Water Users Irrigation District have reasonably 
relied on the authority of the Act of May 18, 1938 
(52 Stat. 403, chapter 250; 16 U.S.C. 833 et seq.), 
and the fact that the Bureau of Reclamation has 
treated the Kinsey Irrigation Company and the Sid-
ney Water Users Irrigation District as irrigation 
pumping units of the Program for more than 74 
years. 
(b) AUTHORIZATION.—Notwithstanding any other 
provision of law and subject to subsection (c), the Sec-
retary of the Interior (acting through the Commissioner 
of Reclamation) shall continue to treat the irrigation 
pumping units known as the ‘‘Kinsey Irrigation Com-
pany’’ in Custer County, Montana, and the ‘‘Sidney Water 
Users Irrigation District’’ in Richland County, Montana, 
or any successor to the Kinsey Irrigation Company or Sid-
2239 
ney Water Users Irrigation District, as irrigation pumping 
units of the Program for the purposes of wheeling, admin-
istration, and payment of project use power. 
(c) LIMITATION.—The quantity of power to be pro-
vided to the Kinsey Irrigation Company and the Sidney 
Water Users Irrigation District (including any successor 
to the Kinsey Irrigation Company or the Sidney Water 
Users Irrigation District) under subsection (b) may not 
exceed the maximum quantity of power provided to the 
Kinsey Irrigation Company and the Sidney Water Users 
Irrigation District under the applicable contract for elec-
tric service in effect on the date of enactment of this Act. 
Subtitle C—Western Water 
Security 
SEC. 81301. DEFINITIONS. 
In this subtitle: 
(1) RIO
GRANDE
COMPACT.—The term ‘‘Rio 
Grande Compact’’ means the compact approved by 
Congress under the Act of May 31, 1939 (53 Stat. 
785, chapter 155). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State 
of New Mexico.
2240 
CHAPTER 1—INFRASTRUCTURE AND 
WATER MANAGEMENT IMPROVEMENT 
SEC. 81311. WATERSMART EXTENSION AND EXPANSION. 
(a) DEFINITION OF ELIGIBLE APPLICANT.—Section 
9502 of the Omnibus Public Land Management Act of 
2009 (42 U.S.C. 10362) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘section’’ and inserting ‘‘subtitle’’; 
(2) by striking paragraph (7) and inserting the 
following: 
‘‘(7) ELIGIBLE APPLICANT.—The term ‘eligible 
applicant’ means— 
‘‘(A) any State, Indian tribe, irrigation dis-
trict, or water district; 
‘‘(B) any State, regional, or local author-
ity, the members of which include one or more 
organizations with water or power delivery au-
thority; 
‘‘(C) any other organization with water or 
power delivery authority; or 
‘‘(D) any nonprofit conservation organiza-
tion.’’; 
(3) by redesignating paragraphs (13) through 
(17) as paragraphs (14) through (18), respectively; 
and
2241 
(4) by inserting after paragraph (12) the fol-
lowing: 
‘‘(13) NATURAL
WATER
RECHARGE
INFRA-
STRUCTURE.—The term ‘natural water recharge in-
frastructure’ means a single project, a number of 
distributed projects across a watershed, or the rede-
sign and replacement, or removal, of built infra-
structure to incorporate natural aquatic elements, in 
which the project— 
‘‘(A) uses natural materials appropriate to 
the specific site and landscape setting; 
‘‘(B) mimics natural riverine, floodplain, 
riparian, wetland, hydrologic, or other ecological 
processes; and 
‘‘(C) results in aquifer recharge, transient 
floodplain water retention, or restoration of 
water in the landscape such that the water re-
turns to a wetland, riparian area, or surface 
water channel.’’. 
(b) RESEARCH AGREEMENTS.—Section 9504(b)(1) 
of the Omnibus Public Land Management Act of 2009 (42 
U.S.C. 10364(b)(1)) is amended— 
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘nonprofit conservation organization,’’ 
before ‘‘or organization’’;
2242 
(2) in subparagraph (B), by striking ‘‘or’’ at 
the end; 
(3) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(4) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) to increase natural water recharge in-
frastructure; or’’. 
(c) WATER MANAGEMENT IMPROVEMENT.—Section 
9504(e) of the Omnibus Public Land Management Act of 
2009 (42 U.S.C. 10364(e)) is amended by striking 
‘‘$530,000,000’’ and inserting ‘‘$700,000,000, subject to 
the condition that $50,000,000 of that amount shall be 
used to carry out section 206 of the Energy and Water 
Development and Related Agencies Appropriations Act, 
2015 (43 U.S.C. 620 note; Public Law 113–235)’’. 
(d) CONFORMING AMENDMENT.—Section 4009(d) of 
Public Law 114–322 (42 U.S.C. 10364 note) is amended 
by striking ‘‘on the condition that of that amount, 
$50,000,000 of it is used to carry out section 206 of the 
Energy and Water Development and Related Agencies Ap-
propriation Act, 2015 (43 U.S.C. 620 note; Public Law 
113–235)’’.
2243 
SEC. 81312. EMERGENCY DROUGHT FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
301 of the Reclamation States Emergency Drought Relief 
Act of 1991 (43 U.S.C. 2241) is amended— 
(1) by striking ‘‘120,000,000’’ and inserting 
‘‘180,000,000’’; and 
(2) by striking ‘‘2020’’ and inserting ‘‘2025, of 
which not more than $30,000,000 shall be made 
available during that period for the conduct of ac-
tions authorized under title I of the Reclamation 
States Emergency Drought Relief Act of 1991 (43 
U.S.C. 2211 et seq.) to benefit imperiled fish and 
wildlife’’. 
(b) APPLICABLE PERIOD OF DROUGHT PROGRAM.— 
Section 104 of the Reclamation States Emergency 
Drought Relief Act of 1991 (43 U.S.C. 2214) is amended 
by striking subsection (a) and inserting the following: 
‘‘(a) IN GENERAL.—The programs and authorities 
established under this title shall become operative in any 
Reclamation State and in the State of Hawaii only— 
‘‘(1) after the Governor or Governors of the af-
fected State or States, or the governing body of an 
affected Indian Tribe with respect to a reservation, 
has made a request for temporary drought assist-
ance and the Secretary has determined that the tem-
porary assistance is merited;
2244 
‘‘(2) after a drought emergency has been de-
clared by the Governor or Governors of the affected 
State or States; or 
‘‘(3) on approval of a drought contingency plan 
as provided in title II.’’. 
(c) REAUTHORIZATION.—Section 104(c) of the Rec-
lamation States Emergency Drought Relief Act of 1991 
(43 U.S.C. 2214(c)) is amended by striking ‘‘2020’’ and 
inserting ‘‘2030’’. 
SEC. 81313. RIO GRANDE PUEBLO IRRIGATION INFRA-
STRUCTURE REAUTHORIZATION. 
Section 9106 of the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111–11; 123 Stat. 1304) 
is amended— 
(1) in subsection (c)(4), by striking ‘‘2 years 
after the date of enactment of this Act, the Sec-
retary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee 
on Resources’’ and inserting ‘‘December 31, 2020, 
the Secretary shall submit to the Committee on En-
ergy and Natural Resources of the Senate and the 
Committee on Natural Resources’’; and 
(2) in subsection (g)(2)— 
(A) by striking ‘‘$6,000,000’’ and inserting 
‘‘such sums as may be necessary’’; and
2245 
(B) by striking ‘‘2010 through 2019’’ and 
inserting ‘‘2020 through 2029’’. 
SEC. 81314. PUERTO RICO WATERSMART GRANTS ELIGI-
BILITY. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Puerto Rico WaterSMART Grants Eligibility Act’’. 
(b) WATERSMART GRANTS AND AGREEMENTS.—Sec-
tion 9504 of the Omnibus Public Land Management Act 
of 2009 (42 U.S.C. 10364) is amended in subsection 
(a)(2)(A)— 
(1) in clause (ii), by striking ‘‘or’’; 
(2) in clause (iii), by striking ‘‘and’’ and insert-
ing ‘‘or’’; and 
(3) by inserting after clause (iii), the following: 
‘‘(iv) Puerto Rico; and’’. 
CHAPTER 2—GROUNDWATER 
MANAGEMENT 
SEC. 81321. REAUTHORIZATION AND EXPANSION OF THE 
TRANSBOUNDARY 
AQUIFER 
ASSESSMENT 
PROGRAM. 
(a) DESIGNATION
OF PRIORITY TRANSBOUNDARY 
AQUIFERS.—Section 4(c)(2) of the United States-Mexico 
Transboundary Aquifer Assessment Act (42 U.S.C. 1962 
note; Public Law 109–448) is amended by striking ‘‘New 
Mexico or Texas’’ and inserting ‘‘New Mexico, Texas, or
2246 
Arizona (other than an aquifer underlying Arizona and 
Sonora, Mexico, that is partially within the Yuma ground-
water basin designated by the order of the Director of the 
Arizona Department of Water Resources dated June 21, 
1984)’’. 
(b) REAUTHORIZATION.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
Section 8(a) of the United States-Mexico Trans-
boundary Aquifer Assessment Act (42 U.S.C. 1962 
note; Public Law 109–448) is amended by striking 
‘‘fiscal years 2007 through 2016’’ and inserting ‘‘fis-
cal years 2021 through 2029’’. 
(2) SUNSET OF AUTHORITY.—Section 9 of the 
United States-Mexico Transboundary Aquifer As-
sessment Act (42 U.S.C. 1962 note; Public Law 
109–448) is amended by striking ‘‘enactment of this 
Act’’ and inserting ‘‘enactment of the Moving For-
ward Act’’. 
SEC. 81322. GROUNDWATER MANAGEMENT ASSESSMENT 
AND IMPROVEMENT. 
Section 9504(a) of the Omnibus Public Land Man-
agement Act of 2009 (42 U.S.C. 10364(a)) is amended— 
(1) in paragraph (1)—
2247 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘or carrying out any activity’’ 
after ‘‘any improvement’’; 
(B) by striking subparagraphs (A) through 
(E); 
(C) by redesignating subparagraphs (F) 
through (H) as subparagraphs (B) through 
(D), respectively; 
(D) by inserting before subparagraph (B) 
(as so redesignated) the following: 
‘‘(A) to assist States and water users in 
complying with interstate compacts through 
temporary, voluntary, and compensated trans-
actions that decrease consumptive water use at 
a regional or watershed scale;’’; 
(E) in subparagraph (B) (as so redesig-
nated), by striking ‘‘to prevent’’ and inserting 
‘‘to achieve the prevention of’’; 
(F) in subparagraph (C) (as so redesig-
nated), by striking ‘‘to accelerate’’ and inserting 
‘‘to achieve the acceleration of’’; and 
(G) in subparagraph (D) (as so redesig-
nated)— 
(i) by striking clause (i) and inserting 
the following:
2248 
‘‘(i) to increase ecological resilience to 
climate change, including by enhancing 
natural water recharge infrastructure with-
in a floodplain or riparian wetland, by ad-
dressing climate-related impacts or vulner-
ability to the water supply of the United 
States;’’; 
(ii) in clause (ii), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) to plan for or address the im-
pacts of drought.’’; 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) ELIGIBLE PROJECTS.—The improvements 
or activities eligible for assistance under paragraph 
(1) may include improvements or activities— 
‘‘(A) using an approach— 
‘‘(i) to conserve water; 
‘‘(ii) to increase water use efficiency; 
‘‘(iii) to facilitate water markets; or
2249 
‘‘(iv) to enhance water management, 
including increasing the use of renewable 
energy in the management and delivery of 
water or increasing natural water recharge 
infrastructure; 
‘‘(B) to improve the condition of natural 
water recharge infrastructure; or 
‘‘(C) to achieve the acceleration of the 
adoption and use of advanced water treatment 
technologies to increase water supply.’’; and 
(4) in paragraph (4) (as so redesignated)— 
(A) in subparagraph (B)(i), by striking 
subclause (II) and inserting the following: 
‘‘(II) to use the assistance pro-
vided under a grant or agreement to 
increase the consumptive use of water 
for agricultural operations above the 
pre-project levels, as determined pur-
suant to the law of the State in which 
the operation of the eligible applicant 
is located.’’; and 
(B) in subparagraph (E)— 
(i) by striking clause (i) and inserting 
the following: 
‘‘(i) FEDERAL SHARE.—
2250 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), the Federal 
share of the cost of any infrastructure 
improvement or activity that is the 
subject of a grant or other agreement 
entered into between the Secretary 
and an eligible applicant under para-
graph (1) shall not exceed 50 percent 
of the cost of the infrastructure im-
provement or activity. 
‘‘(II) 
INCREASED
FEDERAL 
SHARE
FOR
CERTAIN
INFRASTRUC-
TURE
IMPROVEMENTS
AND
ACTIVI-
TIES.— 
‘‘(aa) IN
GENERAL.—The 
Federal share of the cost of an 
infrastructure 
improvement 
or 
activity described in item (bb) 
shall not exceed 75 percent of the 
cost of the infrastructure im-
provement or activity. 
‘‘(bb) INFRASTRUCTURE IM-
PROVEMENTS
AND
ACTIVITIES 
DESCRIBED.—An 
infrastructure 
improvement or activity referred
2251 
to in item (aa) is an infrastruc-
ture improvement or activity that 
provides benefits to consumptive 
water users and nonconsumptive 
ecological or recreational values 
in which— 
‘‘(AA) in the case of an 
infrastructure improvement 
or activity that conserves 
water, the conserved water 
is returned to a surface 
water source with ecological 
or recreational benefits; or 
‘‘(BB) in the case of 
other 
infrastructure 
im-
provements or activities, the 
majority of the benefits are 
nonconsumptive ecological or 
recreational benefits.’’; and 
(ii) in clause (ii), in the matter pre-
ceding subclause (I), by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraph (3)’’.
2252 
SEC. 81323. SURFACE AND GROUNDWATER WATER AVAIL-
ABILITY AND THE ENERGY NEXUS. 
Section 9508(d)(3) of the Omnibus Public Land 
Management Act of 2009 (42 U.S.C. 10368(d)(3)) is 
amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E), by striking the semi-
colon and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(F) oil, gas, and mineral development 
under the Mineral Leasing Act (30 U.S.C. 181 
et seq.), the Act of May 11, 1938 (commonly 
known as the ‘Indian Mineral Leasing Act of 
1938’) (25 U.S.C. 396a et seq.), sections 2319 
through 2344 of the Revised Statutes (com-
monly known as the ‘Mining Law of 1872’) (30 
U.S.C. 22 et seq.), and the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.);’’. 
CHAPTER 3—WATER CONSERVATION AND 
ENVIRONMENTAL RESTORATION 
SEC. 81331. DEFINITIONS. 
In this chapter: 
(1) BASIN.—The term ‘‘Basin’’— 
(A) is limited to areas within the State; 
and
2253 
(B) means each of— 
(i) the Upper Rio Grande Basin; 
(ii) the Middle Rio Grande Basin; 
(iii) the Lower Rio Grande Basin; 
(iv) the Lower Pecos River Basin; 
(v) the Gila River Basin; 
(vi) the Canadian River Basin; 
(vii) the San Francisco River Basin; 
and 
(viii) the San Juan River Basin. 
(2) DISTRICT.—The term ‘‘District’’ means— 
(A) the Middle Rio Grande Conservancy 
District; 
(B) the Elephant Butte Irrigation District; 
(C) the Carlsbad Irrigation District; 
(D) the Arch Hurley Conservancy District; 
(E) the Pecos Valley Artesian Conservation 
District; or 
(F) the San Juan Water Commission. 
(3) PUEBLO.—The term ‘‘Pueblo’’ means each 
of the following pueblos in the State: 
(A) Cochiti. 
(B) Santo Domingo. 
(C) San Felipe. 
(D) Santa Ana.
2254 
(E) Sandia. 
(F) Isleta. 
SEC. 81332. WATER ACQUISITION PROGRAM. 
(a) AUTHORIZATION.—The Secretary, acting through 
the Commissioner of Reclamation, shall carry out in the 
Basins a water acquisition program in coordination with 
the other appropriate Federal agencies, State agencies, 
and non-Federal stakeholders, under which the Secretary 
shall— 
(1) make acquisitions, or assist the State or a 
District in making acquisitions, of water in the Ba-
sins by lease or purchase of water rights or contrac-
tual entitlements from willing lessors or sellers, con-
sistent with section 8 of the Act of June 17, 1902 
(43 U.S.C. 383), the Rio Grande Compact, and ap-
plicable State law relating to the acquisition and ad-
ministration of water rights; and 
(2) take any other actions, consistent with sec-
tion 8 of the Act of June 17, 1902 (43 U.S.C. 383), 
the Rio Grande Compact, and applicable State law, 
that the Secretary determines would achieve the pur-
poses of the water acquisition program described in 
subsection (b). 
(b) PURPOSES.—The purposes of the water acquisi-
tion program are—
2255 
(1) to enhance stream flow to benefit fish and 
wildlife (including endangered species), water qual-
ity, and river ecosystem restoration in the Basins; 
(2) to enhance stewardship and conservation of 
working land, water, and watersheds in the Basins, 
consistent with the purpose described in paragraph 
(1); and 
(3) to address water supply-demand imbalances 
in the Basins, consistent with State law and the pur-
pose described in paragraph (1). 
(c) COORDINATION.—To assist in developing and ad-
ministering the program, the Secretary may provide funds 
to the State, a District, or a federally established nonprofit 
entity with particular expertise in western water trans-
actions. 
(d) DISTRICT PROJECTS.—Subject to the Rio Grande 
Compact and applicable State law, the Secretary may de-
velop programs to provide— 
(1) cost-share assistance to a District to reduce 
water depletions by agricultural producers and 
irrigators in that District by making irrigation sys-
tem improvements and increasing system efficiency; 
(2) incentives to a District for the establish-
ment of a water leasing program from willing lessors 
for agricultural producers and irrigators in that Dis-
2256 
trict to temporarily lease pre-1907 water rights (in-
stead of permanent severance from irrigable land) 
for the purpose of providing benefits to species listed 
as threatened or endangered under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) and 
other river ecosystem benefits; and 
(3) cost-share assistance to a District to imple-
ment infrastructure or operational changes that will 
allow for effective management of a leasing program, 
while maintaining adequate water deliveries to other 
agricultural producers and irrigators. 
SEC. 81333. MIDDLE RIO GRANDE WATER CONSERVATION. 
(a) IN GENERAL.—The Secretary, in cooperation 
with a District and in consultation with the Pueblos, may 
provide funding and technical assistance for the installa-
tion of metering and measurement devices and the con-
struction of check structures on irrigation diversions, ca-
nals, laterals, ditches, and drains— 
(1) to ensure the conservation and efficient use 
of water within that District by— 
(A) reducing actual consumptive use; or 
(B) not increasing the use of water; and 
(2) to improve the measurement and allocation 
of water, including water acquired through the water
2257 
acquisition 
program 
established 
under 
section 
81332. 
(b) RIO
GRANDE, SAN
ACACIA, 
AND
ISLETA 
REACHES.— 
(1) IN GENERAL.—The Secretary shall provide 
for the development of a comprehensive plan for the 
San Acacia and Isleta reaches to plan, design, per-
mit, construct, and prioritize projects that balance 
river maintenance, water availability, use, and deliv-
ery, and ecosystem benefits, including— 
(A) planning, permitting, and construction 
of a pumping station at Bosque del Apache Na-
tional Wildlife Refuge for the purpose of more 
efficiently using water to provide— 
(i) a stable supply for the Refuge; and 
(ii) an efficient and reliable supply of 
water to the Rio Grande for the benefit of 
the endangered silvery minnow and South-
western willow flycatcher; 
(B) planning, permitting, and construction 
of a river channel realignment project near the 
Rio Grande mile-83 for the purpose of con-
veying water and sediment through the reach to 
Elephant Butte Reservoir and addressing river
2258 
channel aggradation while maintaining flood-
plain connectivity during the snowmelt runoff; 
(C) planning, permitting, and construction 
of a controlled outlet for the low flow convey-
ance channel to the Rio Grande between Fort 
Craig, New Mexico, and Rio Grande mile-60 for 
the purpose of water use and delivery, enhance-
ment and development of habitat areas, and 
possible creation of a single-channel river eco-
system; and 
(D) development of a Lower Reach plan— 
(i) to identify additional projects and 
maintenance activities with water use, sedi-
ment management, and delivery and eco-
system benefits; and 
(ii) to prioritize implementation of all 
projects and activities. 
(2) PUBLIC PARTICIPATION.—In carrying out 
this subsection, the Secretary shall provide a process 
for public participation and comment during plan 
development and alternative analysis. 
SEC. 
81334. 
SUSTAINING 
BIODIVERSITY 
DURING 
DROUGHTS. 
Section 9503(b) of the Omnibus Public Land Man-
agement Act of 2009 (42 U.S.C. 10363(b)) is amended—
2259 
(1) in paragraph (3)(D), by inserting ‘‘and na-
tive biodiversity’’ after ‘‘wildlife habitat’’; and 
(2) in paragraph (4)(B), by inserting ‘‘and 
drought biodiversity plans to address sustaining na-
tive biodiversity during periods of drought’’ after 
‘‘restoration plans’’. 
SEC. 81335. REAUTHORIZATION OF COOPERATIVE WATER-
SHED MANAGEMENT PROGRAM. 
Section 6002(g)(4) of the Omnibus Public Land 
Management Act of 2009 (16 U.S.C. 1015a(g)(4)) is 
amended by striking ‘‘2020’’ and inserting ‘‘2031’’. 
CHAPTER 4—EFFECT ON EXISTING LAW 
SEC. 81341. EFFECT ON EXISTING LAW. 
(a) IN GENERAL.—An action taken by the Secretary 
or another entity under this subtitle or an amendment 
made by this subtitle shall comply with applicable State 
laws in effect on the date of enactment of this Act. 
(b) STATE LAW.—Nothing in this subtitle or an 
amendment made by this subtitle affects, is intended to 
affect, or interferes with a law of the State relating to 
the control, appropriation, use, or distribution of water, 
or any vested right acquired under the law. 
(c) RIO GRANDE COMPACT.—Nothing in this subtitle 
or an amendment made by this subtitle affects or is in-
tended to affect or interfere with any obligation of a State
2260 
under the Rio Grande Compact or any litigation relating 
to the Rio Grande Compact. 
Subtitle D—Water Resources 
Research Amendments 
SEC. 81411. WATER RESOURCES RESEARCH ACT AMEND-
MENTS. 
(a) CLARIFICATION OF RESEARCH ACTIVITIES.—Sec-
tion 104(b)(1) of the Water Resources Research Act of 
1984 (42 U.S.C. 10303(b)(1)) is amended— 
(1) in subparagraph (B)(ii), by striking ‘‘water- 
related phenomena’’ and inserting ‘‘water re-
sources’’; and 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’. 
(b) COMPLIANCE REPORT.—Section 104(c) of the 
Water Resources Research Act of 1984 (42 U.S.C. 
10303(c)) is amended— 
(1) by striking subsection (c) and inserting the 
following: 
‘‘(c) GRANTS.— 
‘‘(1) IN
GENERAL.—From the sums appro-
priated pursuant to subsection (f) of this section, the 
Secretary shall make grants to each institute to be 
matched on a basis of no less than 1 non-Federal 
dollar for every 1 Federal dollar.’’; and
2261 
(2) by adding at the end the following: 
‘‘(2) REPORT.—Not later than December 31 of 
each fiscal year, the Secretary shall submit to the 
Committee on Environment and Public Works of the 
Senate, the Committee on the Budget of the Senate, 
the Committee on Transportation and Infrastructure 
of the House of Representatives, and the Committee 
on the Budget of the House of Representatives a re-
port regarding the compliance of each funding re-
cipient with this subsection for the immediately pre-
ceding fiscal year.’’. 
(c) EVALUATION OF WATER RESOURCES RESEARCH 
PROGRAM.—Section 104 of the Water Resources Research 
Act of 1984 (42 U.S.C. 10303) is amended by striking 
subsection (e) and inserting the following: 
‘‘(e) EVALUATION OF WATER RESOURCES RESEARCH 
PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall con-
duct a careful and detailed evaluation of each insti-
tute at least once every 5 years to determine— 
‘‘(A) the quality and relevance of the water 
resources research of the institute; 
‘‘(B) the effectiveness of the institute at 
producing measured results and applied water 
supply research; and
2262 
‘‘(C) whether the effectiveness of the insti-
tute as an institution for planning, conducting, 
and arranging for research warrants continued 
support under this section. 
‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If, 
as a result of an evaluation under paragraph (1), the 
Secretary determines that an institute does not qual-
ify for further support under this section, no further 
grants to the institute may be provided until the 
qualifications of the institute are reestablished to the 
satisfaction of the Secretary.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
104(f)(1) of the Water Resources Research Act of 1984 
(42 U.S.C. 10303(f)(1)) is amended by striking 
‘‘$12,000,000 for each of fiscal years 2007 through 2011’’ 
and inserting ‘‘$8,250,000 for each fiscal years 2020 
through 2023’’. 
(e) ADDITIONAL
APPROPRIATIONS
WHERE
RE-
SEARCH FOCUSED ON WATER PROBLEMS OF INTERSTATE 
NATURE.—Section 104(g)(1) of the Water Resources Re-
search Act of 1984 (42 U.S.C. 10303(g)(1)) is amended 
in the first sentence by striking ‘‘$6,000,000 for each of 
fiscal 
years 
2007 
through 
2011’’ 
and 
inserting 
‘‘$1,750,000 for each of fiscal years 2020 through 2023’’.
2263 
Subtitle E—Ground Water 
Recharge Planning 
SEC. 81511. GROUND WATER RECHARGE PLANNING. 
(a) DEFINITIONS.—In this section: 
(1) CRITICALLY
OVERDRAFTED
BASINS.—The 
term ‘‘Critically Overdrafted Basins’’ means those 
basins identified by the California Department of 
Water Resources pursuant to part 2.74 of the Cali-
fornia Water Code (commonly known as the ‘‘Cali-
fornia’s 
Sustainable 
Groundwater 
Management 
Act’’). 
(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, acting through the Di-
rector of the United States Geological Survey. 
(b) EVALUATION AND REPORT.— 
(1) IN GENERAL.—Not later than 4 years after 
the date of the enactment of this Act, the Secretary 
shall complete an evaluation and report to Congress 
that identifies potential ground water storage and 
recharge opportunities in each Reclamation State in-
cluding recharge opportunities in critically over-
2264 
drafted basins to help inform future Federal, State, 
local, and other investment in ground water storage 
projects. 
(2) REPORT.—The report to Congress shall in-
clude— 
(A) an assessment of potentially beneficial 
storage and recharge locations based on the 
Secretary’s assessment of— 
(i) hydrologic attributes; 
(ii) geologic attributes; 
(iii) engineering attributes; 
(iv) water supply benefits; 
(v) environmental benefits; 
(vi) infrastructure benefits related to 
mitigation of subsidence-related infrastruc-
ture damage; and 
(vii) sustainability benefits for criti-
cally overdrafted basins; and 
(B) an assessment of potential conveyance 
infrastructure needs to move excess runoff to 
the recharge locations identified by the Sec-
retary under this section. 
(3) COORDINATION.—To the maximum extent 
practicable, the Secretary shall coordinate research 
activities with Reclamation State agencies, ground
2265 
water sustainability agencies, universities and non- 
profit organizations in a manner designed to assist 
with implementation of State-led initiatives such as 
part 2.74 of the California Water Code (commonly 
known as the ‘‘Sustainable Groundwater Manage-
ment Act’’). 
Subtitle F—Tribal Water 
Infrastructure 
SEC. 81611. FINDING. 
The COVID–19 crisis has highlighted the lack of in-
frastructure and sanitation available in native commu-
nities. Addressing the Indian Health Service’s Sanitation 
Facilities Deficiency List, as included in the 2018 report 
titled ‘‘Annual Report to the Congress of the United 
States on Sanitation Deficiency Levels for Indian Homes 
and Communities’’, will make investments in the necessary 
water infrastructure and, in turn, improve health out-
comes. 
SEC. 81612. INDIAN HEALTH SERVICES SANITATION FACILI-
TIES CONSTRUCTION PROGRAM FUNDING. 
(a) ADDITIONAL FUNDING.—For the purpose de-
scribed in subsection (b), in addition to any other funds 
available for such purpose, there is authorized to be appro-
priated to the Secretary of Health and Human Services
2266 
a total of $2,670,000,000 for each of fiscal years 2020 
through 2024. 
(b) PURPOSE.—The purpose described in this sub-
section is the planning, design, construction, moderniza-
tion, improvement, and renovation of water, sewer, and 
solid waste sanitation facilities that are funded, in whole 
or part, by the Indian Health Service through, or provided 
for in, a contract or compact with the Service under the 
Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 5301 et seq.). 
(c) PRIORITY FOR FUNDING.—When awarding fund-
ing under this section, the Secretary of Health and 
Human Services, acting through the Director of the In-
dian Health Service, shall address the highest needs first 
as established in the 2018 report titled ‘‘Annual Report 
to the Congress of the United States on Sanitation Defi-
ciency Levels for Indian Homes and Communities’’. 
Subtitle G—Navajo Utah Water 
Rights Settlement 
SEC. 81711. PURPOSES. 
The purposes of this subtitle are— 
(1) to achieve a fair, equitable, and final settle-
ment of all claims to water rights in the State of 
Utah for— 
(A) the Navajo Nation; and
2267 
(B) the United States, for the benefit of 
the Nation; 
(2) to authorize, ratify, and confirm the Agree-
ment entered into by the Nation and the State, to 
the extent that the Agreement is consistent with this 
subtitle; 
(3) to authorize and direct the Secretary— 
(A) to execute the Agreement; and 
(B) to take any actions necessary to carry 
out the agreement in accordance with this sub-
title; and 
(4) to authorize funds necessary for the imple-
mentation of the Agreement and this subtitle. 
SEC. 81712. DEFINITIONS. 
In this subtitle: 
(1) 
AGREEMENT.—The 
term 
‘‘agreement’’ 
means— 
(A) the document entitled ‘‘Navajo Utah 
Water Rights Settlement Agreement’’ dated De-
cember 14, 2015, and the exhibits attached 
thereto; and 
(B) any amendment or exhibit to the docu-
ment or exhibits referenced in subparagraph 
(A) to make the document or exhibits consistent 
with this subtitle.
2268 
(2) ALLOTMENT.—The term ‘‘allotment’’ means 
a parcel of land— 
(A) granted out of the public domain that 
is— 
(i) located within the exterior bound-
aries of the Reservation; or 
(ii) Bureau of Indian Affairs parcel 
number 792 634511 in San Juan County, 
Utah, consisting of 160 acres located in 
Township 41S, Range 20E, sections 11, 
12, and 14, originally set aside by the 
United States for the benefit of an indi-
vidual identified in the allotting document 
as a Navajo Indian; and 
(B) held in trust by the United States— 
(i) for the benefit of an individual, in-
dividuals, or an Indian Tribe other than 
the Navajo Nation; or 
(ii) in part for the benefit of the Nav-
ajo Nation as of the enforceability date. 
(3) ALLOTTEE.—The term ‘‘allottee’’ means an 
individual or Indian Tribe with a beneficial interest 
in an allotment held in trust by the United States. 
(4) ENFORCEABILITY
DATE.—The term ‘‘en-
forceability date’’ means the date on which the Sec-
2269 
retary publishes in the Federal Register the state-
ment of findings described in section 81717(a). 
(5) GENERAL
STREAM
ADJUDICATION.—The 
term ‘‘general stream adjudication’’ means the adju-
dication pending, as of the date of enactment, in the 
Seventh Judicial District in and for Grand County, 
State of Utah, commonly known as the ‘‘South-
eastern Colorado River General Adjudication’’, Civil 
No. 810704477, conducted pursuant to State law. 
(6) INJURY TO WATER RIGHTS.—The term ‘‘in-
jury to water rights’’ means an interference with, 
diminution of, or deprivation of water rights under 
Federal or State law, excluding injuries to water 
quality. 
(7) MEMBER.—The term ‘‘member’’ means any 
person who is a duly enrolled member of the Navajo 
Nation. 
(8) NAVAJO
NATION
OR
NATION.—The term 
‘‘Navajo Nation’’ or ‘‘Nation’’ means a body politic 
and federally recognized Indian nation, as published 
on the list established under section 104(a) of the 
Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 5131(a)), also known variously as the 
‘‘Navajo Nation’’, the ‘‘Navajo Nation of Arizona, 
New Mexico, & Utah’’, and the ‘‘Navajo Nation of
2270 
Indians’’ and other similar names, and includes all 
bands of Navajo Indians and chapters of the Navajo 
Nation and all divisions, agencies, officers, and 
agents thereof. 
(9) 
NAVAJO
WATER
DEVELOPMENT 
PROJECTS.—The term ‘‘Navajo water development 
projects’’ means projects for domestic municipal 
water supply, including distribution infrastructure, 
and agricultural water conservation, to be con-
structed, in whole or in part, using monies from the 
Navajo Water Development Projects Account. 
(10) NAVAJO WATER RIGHTS.—The term ‘‘Nav-
ajo water rights’’ means the Nation’s water rights in 
Utah described in the agreement and this subtitle. 
(11) OM&R.—The term ‘‘OM&R’’ means oper-
ation, maintenance, and replacement. 
(12) PARTIES.—The term ‘‘parties’’ means the 
Navajo Nation, the State, and the United States. 
(13) RESERVATION.—The term ‘‘Reservation’’ 
means, for purposes of the agreement and this sub-
title, the Reservation of the Navajo Nation in Utah 
as in existence on the date of enactment of this Act 
and depicted on the map attached to the agreement 
as Exhibit A, including any parcel of land granted 
out of the public domain and held in trust by the
2271 
United States entirely for the benefit of the Navajo 
Nation as of the enforceability date. 
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the United States Depart-
ment of the Interior or a duly authorized representa-
tive thereof. 
(15) STATE.—The term ‘‘State’’ means the 
State of Utah and all officers, agents, departments, 
and political subdivisions thereof. 
(16) UNITED
STATES.—The term ‘‘United 
States’’ means the United States of America and all 
departments, agencies, bureaus, officers, and agents 
thereof. 
(17) UNITED STATES ACTING IN ITS TRUST CA-
PACITY.—The term ‘‘United States acting in its 
trust capacity’’ means the United States acting for 
the benefit of the Navajo Nation or for the benefit 
of allottees. 
SEC. 81713. RATIFICATION OF AGREEMENT. 
(a) APPROVAL BY CONGRESS.—Except to the extent 
that any provision of the agreement conflicts with this 
subtitle, Congress approves, ratifies, and confirms the 
agreement (including any amendments to the agreement 
that are executed to make the agreement consistent with 
this subtitle).
2272 
(b) EXECUTION BY SECRETARY.—The Secretary is 
authorized and directed to promptly execute the agree-
ment to the extent that the agreement does not conflict 
with this subtitle, including— 
(1) any exhibits to the agreement requiring the 
signature of the Secretary; and 
(2) any amendments to the agreement nec-
essary to make the agreement consistent with this 
subtitle. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the agree-
ment and this subtitle, the Secretary shall comply 
with all applicable provisions of— 
(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(C) all other applicable environmental laws 
and regulations. 
(2) EXECUTION OF THE AGREEMENT.—Execu-
tion of the agreement by the Secretary as provided 
for in this subtitle shall not constitute a major Fed-
eral action under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.).
2273 
SEC. 81714. NAVAJO WATER RIGHTS. 
(a) CONFIRMATION OF NAVAJO WATER RIGHTS.— 
(1) QUANTIFICATION.—The Navajo Nation 
shall have the right to use water from water sources 
located within Utah and adjacent to or encompassed 
within the boundaries of the Reservation resulting in 
depletions not to exceed 81,500 acre-feet annually as 
described in the agreement and as confirmed in the 
decree entered by the general stream adjudication 
court. 
(2) SATISFACTION OF ALLOTTEE RIGHTS.—De-
pletions resulting from the use of water on an allot-
ment shall be accounted for as a depletion by the 
Navajo Nation for purposes of depletion accounting 
under the agreement, including recognition of— 
(A) any water use existing on an allotment 
as of the date of enactment of this subtitle and 
as subsequently reflected in the hydrographic 
survey report referenced in section 81716(b); 
(B) reasonable domestic and stock water 
uses put into use on an allotment; and 
(C) any allotment water rights that may be 
decreed in the general stream adjudication or 
other appropriate forum. 
(3) SATISFACTION OF ON-RESERVATION STATE 
LAW-BASED
WATER
RIGHTS.—Depletions resulting
2274 
from the use of water on the Reservation pursuant 
to State law-based water rights existing as of the 
date of enactment of this Act shall be accounted for 
as depletions by the Navajo Nation for purposes of 
depletion accounting under the agreement. 
(4) IN GENERAL.—The Navajo water rights are 
ratified, confirmed, and declared to be valid. 
(5) USE.—Any use of the Navajo water rights 
shall be subject to the terms and conditions of the 
agreement and this subtitle. 
(6) CONFLICT.—In the event of a conflict be-
tween the agreement and this subtitle, the provisions 
of this subtitle shall control. 
(b) TRUST STATUS OF NAVAJO WATER RIGHTS.— 
The Navajo water rights— 
(1) shall be held in trust by the United States 
for the use and benefit of the Nation in accordance 
with the agreement and this subtitle; and 
(2) shall not be subject to forfeiture or aban-
donment. 
(c) AUTHORITY OF THE NATION.— 
(1) IN GENERAL.—The Nation shall have the 
authority to allocate, distribute, and lease the Nav-
ajo water rights for any use on the Reservation in
2275 
accordance with the agreement, this subtitle, and ap-
plicable Tribal and Federal law. 
(2) OFF-RESERVATION USE.—The Nation may 
allocate, distribute, and lease the Navajo water 
rights for off-Reservation use in accordance with the 
agreement, subject to the approval of the Secretary. 
(3) ALLOTTEE
WATER
RIGHTS.—The Nation 
shall not object in the general stream adjudication 
or other applicable forum to the quantification of 
reasonable domestic and stock water uses on an al-
lotment, and shall administer any water use on the 
Reservation in accordance with applicable Federal 
law, including recognition of— 
(A) any water use existing on an allotment 
as of the date of enactment of this Act and as 
subsequently reflected in the hydrographic sur-
vey report referenced in section 81716(b); 
(B) reasonable domestic and stock water 
uses on an allotment; and 
(C) any allotment water rights decreed in 
the general stream adjudication or other appro-
priate forum. 
(d) EFFECT.—Except as otherwise expressly provided 
in this section, nothing in this subtitle—
2276 
(1) authorizes any action by the Nation against 
the United States under Federal, State, Tribal, or 
local law; or 
(2) alters or affects the status of any action 
brought pursuant to section 1491(a) of title 28, 
United States Code. 
SEC. 81715. NAVAJO TRUST ACCOUNTS. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund, to be known as the ‘‘Navajo Utah Settlement 
Trust Fund’’ (referred to in this subtitle as the ‘‘Trust 
Fund’’), to be managed, invested, and distributed by the 
Secretary and to remain available until expended, con-
sisting of the amounts deposited in the Trust Fund under 
subsection (c), together with any interest earned on those 
amounts, for the purpose of carrying out this subtitle. 
(b) ACCOUNTS.—The Secretary shall establish in the 
Trust Fund the following Accounts: 
(1) The Navajo Water Development Projects 
Account. 
(2) The Navajo OM&R Account. 
(c) DEPOSITS.—The Secretary shall deposit in the 
Trust Fund Accounts— 
(1) in the Navajo Water Development Projects 
Account, the amounts made available pursuant to 
section 81716(a)(1); and
2277 
(2) in the Navajo OM&R Account, the amount 
made available pursuant to section 81716(a)(2). 
(d) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—Upon receipt and deposit 
of the funds into the Trust Fund Accounts, the Sec-
retary shall manage, invest, and distribute all 
amounts in the Trust Fund in a manner that is con-
sistent with the investment authority of the Sec-
retary under— 
(A) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(B) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this section. 
(2) INVESTMENT
EARNINGS.—In addition to 
the deposits under subsection (c), any investment 
earnings, including interest, credited to amounts 
held in the Trust Fund are authorized to be appro-
priated to be used in accordance with the uses de-
scribed in subsection (h). 
(e) AVAILABILITY OF AMOUNTS.—Amounts appro-
priated to, and deposited in, the Trust Fund, including 
any investment earnings, shall be made available to the 
Nation by the Secretary beginning on the enforceability
2278 
date and subject to the uses and restrictions set forth in 
this section. 
(f) WITHDRAWALS.— 
(1) WITHDRAWALS UNDER THE AMERICAN IN-
DIAN TRUST FUND MANAGEMENT REFORM ACT OF 
1994.—The Nation may withdraw any portion of the 
funds in the Trust Fund on approval by the Sec-
retary of a tribal management plan submitted by the 
Nation in accordance with the American Indian 
Trust Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.). 
(A) REQUIREMENTS.—In addition to the 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the Tribal management 
plan under this paragraph shall require that the 
Nation shall spend all amounts withdrawn from 
the Trust Fund and any investment earnings 
accrued through the investments under the 
Tribal management plan in accordance with 
this subtitle. 
(B) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce the Tribal management plan
2279 
to ensure that amounts withdrawn by the Na-
tion from the Trust Fund under this paragraph 
are used in accordance with this subtitle. 
(2) 
WITHDRAWALS
UNDER
EXPENDITURE 
PLAN.—The Nation may submit to the Secretary a 
request to withdraw funds from the Trust Fund pur-
suant to an approved expenditure plan. 
(A) REQUIREMENTS.—To be eligible to 
withdraw funds under an expenditure plan 
under this paragraph, the Nation shall submit 
to the Secretary for approval an expenditure 
plan for any portion of the Trust Fund that the 
Nation elects to withdraw pursuant to this 
paragraph, subject to the condition that the 
funds shall be used for the purposes described 
in this subtitle. 
(B) INCLUSIONS.—An expenditure plan 
under this paragraph shall include a description 
of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
Trust Fund will be used by the Nation, in ac-
cordance with subsections (c) and (h). 
(C) APPROVAL.—On receipt of an expendi-
ture plan under this paragraph, the Secretary
2280 
shall approve the plan, if the Secretary deter-
mines that the plan— 
(i) is reasonable; 
(ii) is consistent with, and will be used 
for, the purposes of this subtitle; and 
(iii) contains a schedule which de-
scribed that tasks will be completed within 
months 
of 
receipt 
of 
withdrawn 
amounts. 
(D) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan to ensure 
that amounts disbursed under this paragraph 
are used in accordance with this subtitle. 
(g) EFFECT OF ACT.—Nothing in this subtitle gives 
the Nation the right to judicial review of a determination 
of the Secretary regarding whether to approve a Tribal 
management plan or an expenditure plan except under 
subchapter II of chapter 5, and chapter 7, of title 5, 
United States Code (commonly known as the ‘‘Administra-
tive Procedure Act’’). 
(h) USES.—Amounts from the Trust Fund shall be 
used by the Nation for the following purposes:
2281 
(1) The Navajo Water Development Projects 
Account shall be used to plan, design, and construct 
the Navajo water development projects and for the 
conduct of related activities, including to comply 
with Federal environmental laws. 
(2) The Navajo OM&R Account shall be used 
for the operation, maintenance, and replacement of 
the Navajo water development projects. 
(i) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the Trust Fund 
by the Nation under subsection (f). 
(j) NO PER CAPITA DISTRIBUTIONS.—No portion of 
the Trust Fund shall be distributed on a per capita basis 
to any member of the Nation. 
(k) EXPENDITURE REPORTS.—The Navajo Nation 
shall submit to the Secretary annually an expenditure re-
port describing accomplishments and amounts spent from 
use of withdrawals under a Tribal management plan or 
an expenditure plan as described in this subtitle. 
SEC. 81716. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION.—There are authorized to be ap-
propriated to the Secretary— 
(1) for deposit in the Navajo Water Develop-
ment Projects Account of the Trust Fund estab-
2282 
lished under section 81715(b)(1), $198,300,000, 
which funds shall be retained until expended, with-
drawn, or reverted to the general fund of the Treas-
ury; and 
(2) for deposit in the Navajo OM&R Account of 
the 
Trust 
Fund 
established 
under 
section 
81715(b)(2), $11,100,000, which funds shall be re-
tained until expended, withdrawn, or reverted to the 
general fund of the Treasury. 
(b) IMPLEMENTATION COSTS.—There is authorized 
to be appropriated non-trust funds in the amount of 
$1,000,000 to assist the United States with costs associ-
ated with the implementation of the subtitle, including the 
preparation of a hydrographic survey of historic and exist-
ing water uses on the Reservation and on allotments. 
(c) STATE COST SHARE.—The State shall contribute 
$8,000,000 payable to the Secretary for deposit into the 
Navajo Water Development Projects Account of the Trust 
Fund established under section 81715(b)(1) in install-
ments in each of the 3 years following the execution of 
the agreement by the Secretary as provided for in sub-
section (b) of section 81713. 
(d) FLUCTUATION IN COSTS.—The amount author-
ized to be appropriated under subsection (a) shall be in-
creased or decreased, as appropriate, by such amounts as
2283 
may be justified by reason of ordinary fluctuations in costs 
occurring after the date of enactment of this Act as indi-
cated by the Bureau of Reclamation Construction Cost 
Index—Composite Trend. 
(1) REPETITION.—The adjustment process 
under this subsection shall be repeated for each sub-
sequent amount appropriated until the amount au-
thorized, as adjusted, has been appropriated. 
(2) PERIOD OF INDEXING.—The period of in-
dexing adjustment for any increment of funding 
shall end on the date on which funds are deposited 
into the Trust Fund. 
SEC. 81717. CONDITIONS PRECEDENT. 
(a) IN GENERAL.—The waivers and release contained 
in section 81718 of this subtitle shall become effective as 
of the date the Secretary causes to be published in the 
Federal Register a statement of findings that— 
(1) to the extent that the agreement conflicts 
with the Act, the agreement has been revised to con-
form with this subtitle; 
(2) the agreement, so revised, including waivers 
and releases of claims set forth in section 81718, 
has been executed by the parties, including the 
United States;
2284 
(3) Congress has fully appropriated, or the Sec-
retary has provided from other authorized sources, 
all funds authorized under subsection (a) of section 
81716; 
(4) the State has enacted any necessary legisla-
tion and provided the funding required under the 
agreement and subsection (c) of section 81716; and 
(5) the court has entered a final or interlocu-
tory decree that— 
(A) confirms the Navajo water rights con-
sistent with the agreement and this subtitle; 
and 
(B) with respect to the Navajo water 
rights, is final and nonappealable. 
(b) EXPIRATION DATE.—If all the conditions prece-
dent described in subsection (a) have not been fulfilled to 
allow the Secretary’s statement of findings to be published 
in the Federal Register by October 31, 2030— 
(1) the agreement and this subtitle, including 
waivers and releases of claims described in those 
documents, shall no longer be effective; 
(2) any funds that have been appropriated pur-
suant to section 81716 but not expended, including 
any investment earnings on funds that have been ap-
propriated pursuant to such section, shall imme-
2285 
diately revert to the general fund of the Treasury; 
and 
(3) any funds contributed by the State pursu-
ant to subsection (c) of section 81716 but not ex-
pended shall be returned immediately to the State. 
(c) EXTENSION.—The expiration date set forth in 
subsection (b) may be extended if the Navajo Nation, the 
State, and the United States (acting through the Sec-
retary) agree that an extension is reasonably necessary. 
SEC. 81718. WAIVERS AND RELEASES. 
(a) IN GENERAL.— 
(1) WAIVER AND RELEASE OF CLAIMS BY THE 
NATION AND THE UNITED STATES ACTING IN ITS 
CAPACITY AS TRUSTEE FOR THE NATION.—Subject 
to the retention of rights set forth in subsection (c), 
in return for confirmation of the Navajo water 
rights and other benefits set forth in the agreement 
and this subtitle, the Nation, on behalf of itself and 
the members of the Nation (other than members in 
their capacity as allottees), and the United States, 
acting as trustee for the Nation and members of the 
Nation (other than members in their capacity as 
allottees), are authorized and directed to execute a 
waiver and release of—
2286 
(A) all claims for water rights within Utah 
based on any and all legal theories that the 
Navajo Nation or the United States acting in 
its trust capacity for the Nation, asserted, or 
could have asserted, at any time in any pro-
ceeding, including to the general stream adju-
dication, up to and including the enforceability 
date, except to the extent that such rights are 
recognized in the agreement and this subtitle; 
and 
(B) all claims for damages, losses, or inju-
ries to water rights or claims of interference 
with, diversion, or taking of water rights (in-
cluding claims for injury to lands resulting from 
such damages, losses, injuries, interference 
with, diversion, or taking of water rights) with-
in Utah against the State, or any person, enti-
ty, corporation, or municipality, that accrued at 
any time up to and including the enforceability 
date. 
(b) CLAIMS BY THE NAVAJO NATION AGAINST THE 
UNITED STATES.—The Navajo Nation, on behalf of itself 
(including in its capacity as allottee) and its members 
(other than members in their capacity as allottees), shall 
execute a waiver and release of—
2287 
(1) all claims the Navajo Nation may have 
against the United States relating in any manner to 
claims for water rights in, or water of, Utah that the 
United States acting in its trust capacity for the Na-
tion asserted, or could have asserted, in any pro-
ceeding, including the general stream adjudication; 
(2) all claims the Navajo Nation may have 
against the United States relating in any manner to 
damages, losses, or injuries to water, water rights, 
land, or other resources due to loss of water or 
water rights (including damages, losses, or injuries 
to hunting, fishing, gathering, or cultural rights due 
to loss of water or water rights; claims relating to 
interference with, diversion, or taking of water; or 
claims relating to failure to protect, acquire, replace, 
or develop water or water rights) within Utah that 
first accrued at any time up to and including the en-
forceability date; 
(3) all claims the Nation may have against the 
United States relating in any manner to the litiga-
tion of claims relating to the Nation’s water rights 
in proceedings in Utah; and 
(4) all claims the Nation may have against the 
United States relating in any manner to the negotia-
2288 
tion, execution, or adoption of the agreement or this 
subtitle. 
(c) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS
BY
THE NAVAJO NATION
AND
THE UNITED 
STATES.—Notwithstanding the waivers and releases au-
thorized in this subtitle, the Navajo Nation, and the 
United States acting in its trust capacity for the Nation, 
retain— 
(1) all claims for injuries to and the enforce-
ment of the agreement and the final or interlocutory 
decree entered in the general stream adjudication, 
through such legal and equitable remedies as may be 
available in the decree court or the Federal District 
Court for the District of Utah; 
(2) all rights to use and protect water rights ac-
quired after the enforceability date; 
(3) all claims relating to activities affecting the 
quality of water, including any claims under the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq. (including claims for damages to natural re-
sources)), the Safe Drinking Water Act (42 U.S.C. 
300f et seq.), and the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.), the regulations 
implementing those Acts, and the common law;
2289 
(4) all claims for water rights, and claims for 
injury to water rights, in states other than the State 
of Utah; 
(5) all claims, including environmental claims, 
under any laws (including regulations and common 
law) relating to human health, safety, or the envi-
ronment; and 
(6) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to the agreement and this subtitle. 
(d) EFFECT.—Nothing in the agreement or this sub-
title— 
(1) affects the ability of the United States act-
ing in its sovereign capacity to take actions author-
ized by law, including any laws relating to health, 
safety, or the environment, including the Com-
prehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 
the Safe Drinking Water Act (42 U.S.C. 300f et 
seq.), the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.), the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.), and the regulations imple-
menting those laws;
2290 
(2) affects the ability of the United States to 
take actions in its capacity as trustee for any other 
Indian Tribe or allottee; 
(3) confers jurisdiction on any State court to— 
(A) interpret Federal law regarding health, 
safety, or the environment or determine the du-
ties of the United States or other parties pursu-
ant to such Federal law; and 
(B) conduct judicial review of Federal 
agency action; or 
(4) modifies, conflicts with, preempts, or other-
wise affects— 
(A) the Boulder Canyon Project Act (43 
U.S.C. 617 et seq.); 
(B) the Boulder Canyon Project Adjust-
ment Act (43 U.S.C. 618 et seq.); 
(C) the Act of April 11, 1956 (commonly 
known as the ‘‘Colorado River Storage Project 
Act’’) (43 U.S.C. 620 et seq.); 
(D) the Colorado River Basin Project Act 
(43 U.S.C. 1501 et seq.); 
(E) the Treaty between the United States 
of America and Mexico respecting utilization of 
waters of the Colorado and Tijuana Rivers and
2291 
of the Rio Grande, signed at Washington Feb-
ruary 3, 1944 (59 Stat. 1219); 
(F) the Colorado River Compact of 1922, 
as approved by the Presidential Proclamation of 
June 25, 1929 (46 Stat. 3000); and 
(G) the Upper Colorado River Basin Com-
pact as consented to by the Act of April 6, 
1949 (63 Stat. 31, chapter 48). 
(e) TOLLING OF CLAIMS.— 
(1) IN
GENERAL.—Each applicable period of 
limitation and time-based equitable defense relating 
to a claim waived by the Navajo Nation described in 
this section shall be tolled for the period beginning 
on the date of enactment of this Act and ending on 
the enforceability date. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection revives any claim or tolls any period of 
limitation or time-based equitable defense that ex-
pired before the date of enactment of this Act. 
(3) LIMITATION.—Nothing in this section pre-
cludes the tolling of any period of limitations or any 
time-based equitable defense under any other appli-
cable law.
2292 
SEC. 81719. MISCELLANEOUS PROVISIONS. 
(a) PRECEDENT.—Nothing in this subtitle establishes 
any standard for the quantification or litigation of Federal 
reserved water rights or any other Indian water claims of 
any other Indian Tribe in any other judicial or administra-
tive proceeding. 
(b) OTHER INDIAN TRIBES.—Nothing in the agree-
ment or this subtitle shall be construed in any way to 
quantify or otherwise adversely affect the water rights, 
claims, or entitlements to water of any Indian Tribe, band, 
or community, other than the Navajo Nation. 
SEC. 81720. RELATION TO ALLOTTEES. 
(a) NO EFFECT ON CLAIMS OF ALLOTTEES.—Noth-
ing in this subtitle or the agreement shall affect the rights 
or claims of allottees, or the United States, acting in its 
capacity as trustee for or on behalf of allottees, for water 
rights or damages related to lands allotted by the United 
States to allottees, except as provided in section 
81714(a)(2). 
(b) RELATIONSHIP OF DECREE TO ALLOTTEES.— 
Allottees, or the United States, acting in its capacity as 
trustee for allottees, are not bound by any decree entered 
in the general stream adjudication confirming the Navajo 
water rights and shall not be precluded from making 
claims to water rights in the general stream adjudication. 
Allottees, or the United States, acting in its capacity as
2293 
trustee for allottees, may make claims and such claims 
may be adjudicated as individual water rights in the gen-
eral stream adjudication. 
SEC. 81721. ANTIDEFICIENCY. 
The United States shall not be liable for any failure 
to carry out any obligation or activity authorized by this 
subtitle (including any obligation or activity under the 
agreement) if adequate appropriations are not provided 
expressly by Congress to carry out the purposes of this 
subtitle. 
TITLE II—NATIONAL PARKS, 
FORESTS, AND PUBLIC LANDS 
Subtitle A—Public Lands 
Telecommunications 
SEC. 82101. DEFINITIONS. 
In this Act: 
(1) COMMUNICATIONS SITE.—The term ‘‘com-
munications site’’ means an area of Federal lands 
designated for telecommunications uses. 
(2) COMMUNICATIONS USE.—The term ‘‘com-
munications use’’ means the placement and oper-
ation of infrastructure for wireline or wireless tele-
communications, including cable television, tele-
vision, and radio communications, regardless of 
whether such placement and operation is pursuant
2294 
to a license issued by the Federal Communications 
Commission or on an unlicensed basis in accordance 
with the regulations of the Commission. The term 
includes ancillary activities, uses, or facilities directly 
related to such placement and operation. 
(3) COMMUNICATIONS USE AUTHORIZATION.— 
The term ‘‘communications use authorization’’ 
means a right-of-way, permit, or lease granted, 
issued, or executed by a Federal land management 
agency for the primary purpose of authorizing the 
occupancy and use of Federal lands for communica-
tions use. 
(4) FEDERAL LAND MANAGEMENT AGENCY.— 
The term ‘‘Federal land management agency’’ 
means the National Park Service, the United States 
Fish and Wildlife Service, the Bureau of Land Man-
agement, and the Bureau of Reclamation. 
(5) FEDERAL
LANDS.—The term ‘‘Federal 
lands’’ means lands under the jurisdiction and man-
agement of a Federal land management agency. 
(6) RENTAL
FEE.—The term ‘‘rental fee’’ 
means the fee collected by a Federal land manage-
ment agency for the occupancy and use authorized 
by a communications use authorization pursuant to 
and consistent with authorizing law.
2295 
SEC. 82102. COLLECTION AND RETENTION OF RENTAL FEES 
ASSOCIATED WITH COMMUNICATIONS USE 
AUTHORIZATIONS ON FEDERAL LANDS AND 
FEDERAL LAND MANAGEMENT AGENCY SUP-
PORT 
FOR 
COMMUNICATION 
SITE 
PRO-
GRAMS. 
(a) SPECIAL ACCOUNT REQUIRED.—The Secretary of 
the Treasury shall establish a special account in the 
Treasury for each Federal land management agency for 
the deposit of rental fees received by the Federal land 
management agency for communications use authoriza-
tions on Federal lands granted, issued, or executed by the 
Federal land management agency. 
(b) COMPETITIVELY
NEUTRAL.—Notwithstanding 
any other provision of law, any rental fees collected pursu-
ant to this Act shall be competitively neutral, technology 
neutral, and nondiscriminatory with respect to other uses 
of the communication site. 
(c) RENTAL FEES.— 
(1) LIMITATION
ON
AMOUNT
OF
RENTAL 
FEES.—Rental fees shall not exceed the fee sched-
ules published by the Secretary of the Interior for 
communication use rights-of-way. 
(2) REVISION OF RENTAL FEE SCHEDULES FOR 
COMMUNICATION SITES RIGHTS OF WAY.—Not later 
than 1 year after the date of the enactment of this
2296 
Act, through a public process that includes consider-
ation of industry comments, the Secretary of the In-
terior shall revise the communication sites rights-of- 
way rental fee schedule to reflect current commu-
nication technologies, including the physical foot-
print of such technologies. 
(d) DEPOSIT AND RETENTION OF RENTAL FEES.— 
Rental fees received by a Federal land management agen-
cy shall— 
(1) be deposited in the special account estab-
lished for that Federal land management agency; 
and 
(2) remain available for expenditure under sub-
section (e), to the extent and in such amounts as are 
provided in advance in appropriation Acts. 
(e) EXPENDITURE OF RETAINED FEES.—Amounts 
deposited in the special account for a Federal land man-
agement agency shall be used solely for Federal land man-
agement agency activities related to communications sites, 
including the following: 
(1) Administering communications use author-
izations, including cooperative agreements under sec-
tion 4. 
(2) Preparing needs assessments or other pro-
grammatic analyses necessary to establish commu-
2297 
nications sites and authorize communications uses 
on or adjacent to Federal lands. 
(3) Developing management plans for commu-
nications sites on or adjacent to Federal lands on a 
competitively neutral, technology neutral, non-
discriminatory basis. 
(4) Training for management of communica-
tions sites on or adjacent to Federal lands. 
(5) Obtaining, improving access to, or estab-
lishing communications sites on or adjacent to Fed-
eral lands. 
(f) NO EFFECT ON OTHER FEE RETENTION AU-
THORITIES.—This Act shall not limit or otherwise affect 
fee retention by a Federal land management agency under 
any other authority. 
SEC. 82103. COOPERATIVE AGREEMENT AUTHORITY. 
The Secretary of the Interior may enter into coopera-
tive agreements to carry out the activities described in sec-
tion 3(e). 
Subtitle B—Outdoors for All 
SEC. 82201. DEFINITIONS. 
In this Act: 
(1) ELIGIBLE ENTITY.— 
(A) IN GENERAL.—The term ‘‘eligible enti-
ty’’ means—
2298 
(i) a State; 
(ii) a political subdivision of a State, 
including— 
(I) a city; and 
(II) a county; 
(iii) a special purpose district, includ-
ing park districts; and 
(iv) an Indian tribe (as defined in sec-
tion 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
5304)). 
(B) POLITICAL SUBDIVISIONS AND INDIAN 
TRIBES.—A political subdivision of a State or 
an Indian tribe shall be considered an eligible 
entity only if the political subdivision or Indian 
tribe represents or otherwise serves a qualifying 
urban area. 
(2) OUTDOOR RECREATION LEGACY PARTNER-
SHIP GRANT PROGRAM.—The term ‘‘Outdoor Recre-
ation Legacy Partnership Grant Program’’ means 
the program established under section 3(a). 
(3) QUALIFYING
URBAN
AREA.—The term 
‘‘qualifying urban area’’ means an area identified by 
the Census Bureau as an ‘‘urban area’’ in the most 
recent census.
2299 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 82202. GRANTS AUTHORIZED. 
(a) IN GENERAL.—The Secretary shall establish an 
outdoor recreation legacy partnership grant program 
under which the Secretary may award grants to eligible 
entities for projects— 
(1) to acquire land and water for parks and 
other outdoor recreation purposes; and 
(2) to develop new or renovate existing outdoor 
recreation facilities. 
(b) MATCHING REQUIREMENT.— 
(1) IN GENERAL.—As a condition of receiving a 
grant under subsection (a), an eligible entity shall 
provide matching funds in the form of cash or an in- 
kind contribution in an amount equal to not less 
than 100 percent of the amounts made available 
under the grant. 
(2) SOURCES.—The matching amounts referred 
to in paragraph (1) may include amounts made 
available from State, local, nongovernmental, or pri-
vate sources. 
(3) WAIVER.—The Secretary may waive all or 
part of the matching requirement under paragraph 
(1) if the Secretary determines that—
2300 
(A) no reasonable means are available 
through which an applicant can meet the 
matching requirement; and 
(B) the probable benefit of such project 
outweighs the public interest in such matching 
requirement. 
SEC. 82203. ELIGIBLE USES. 
(a) IN GENERAL.—A grant recipient may use a grant 
awarded under this Act— 
(1) to acquire land or water that provides out-
door recreation opportunities to the public; and 
(2) to develop or renovate outdoor recreational 
facilities that provide outdoor recreation opportuni-
ties to the public, with priority given to projects 
that— 
(A) create or significantly enhance access 
to park and recreational opportunities in an 
urban neighborhood or community; 
(B) engage and empower underserved com-
munities and youth; 
(C) provide opportunities for youth em-
ployment or job training; 
(D) establish or expand public-private 
partnerships, with a focus on leveraging re-
sources; and
2301 
(E) take advantage of coordination among 
various levels of government. 
(b) LIMITATIONS ON USE.—A grant recipient may 
not use grant funds for— 
(1) grant administration costs; 
(2) incidental costs related to land acquisition, 
including appraisal and titling; 
(3) operation and maintenance activities; 
(4) facilities that support semiprofessional or 
professional athletics; 
(5) indoor facilities such as recreation centers 
or facilities that support primarily non-outdoor pur-
poses; or 
(6) acquisition of land or interests in land that 
restrict access to specific persons. 
SEC. 82204. NATIONAL PARK SERVICE REQUIREMENTS. 
In carrying out the Outdoor Recreation Legacy Part-
nership Grant Program, the Secretary shall— 
(1) conduct an initial screening and technical 
review of applications received; and 
(2) evaluate and score all qualifying applica-
tions. 
SEC. 82205. REPORTING. 
(a) ANNUAL REPORTS.—Not later than 30 days after 
the last day of each report period, each State lead agency
2302 
that receives a grant under this Act shall annually submit 
to the Secretary performance and financial reports that— 
(1) summarize project activities conducted dur-
ing the report period; and 
(2) provide the status of the project. 
(b) FINAL REPORTS.—Not later than 90 days after 
the earlier of the date of expiration of a project period 
or the completion of a project, each State lead agency that 
receives a grant under this Act shall submit to the Sec-
retary a final report containing such information as the 
Secretary may require. 
SEC. 82206. REVENUE SHARING. 
Section 105(a)(2)(B) of the Gulf of Mexico Energy 
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 
109–432) is amended by inserting before the period at the 
end ‘‘, of which 20 percent for each of fiscal years 2020 
through 2058 shall be used by the Secretary of the Inte-
rior to provide grants under the Outdoor Recreation Leg-
acy Partnership Grant Program Act’’. 
Subtitle C—Updated Borrowing 
Authority 
SEC. 82301. PRESIDIO TRUST BORROWING AUTHORITY. 
Section 104(d)(2) of Public Law 104–333 is amended 
by striking the first sentence and inserting the following: 
‘‘The Trust shall also have the authority to issue obliga-
2303 
tions to the Secretary of the Treasury and the Secretary 
of the Treasury shall purchase such obligations.’’. 
Subtitle D—Forest Service Legacy 
Roads and Trails Remediation 
Program 
SEC. 82401. FOREST SERVICE LEGACY ROADS AND TRAILS 
REMEDIATION PROGRAM. 
(a) IN GENERAL.—The Secretary of Agriculture shall 
establish and maintain a Forest Service Legacy Roads and 
Trails Remediation Program (referred to in this section 
as the ‘‘Program’’) within the National Forest System— 
(1) to restore fish and other aquatic organism 
passage by removing or replacing unnatural barriers 
to the passage of fish and other aquatic organisms; 
(2) to decommission unneeded roads and trails; 
and 
(3) to carry out associated activities. 
(b) PRIORITY.—In implementing the Program, the 
Secretary shall give priority to projects that protect or re-
store— 
(1) water quality; 
(2) watersheds that feed public drinking water 
systems; or 
(3) habitat for threatened, endangered, and 
sensitive fish and wildlife species.
2304 
(c) NATIONAL PROGRAM STRATEGY.—Not later than 
180 days after the date of enactment of this Act, the Chief 
of the Forest Service shall develop a national strategy for 
implementing the Program and share the national strat-
egy with the Committee on Natural Resources, Committee 
on Agriculture, and Committee on Appropriations of the 
House of Representatives, and the Committee on Appro-
priations, Committee on Agriculture, Nutrition, and For-
estry, and the Committee on Energy and Natural Re-
sources of the Senate. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section $50,000,000 for each of fiscal years 2021 
through 2023, to remain available until expended. 
Subtitle E—Long Bridge 
SEC. 82501. AUTHORIZATION OF NATIONAL PARK SERVICE 
CONVEYANCES. 
(a) On request of the State of Virginia or the District 
of Columbia, as applicable, the Secretary of the Interior 
(acting through the Director of the National Park Service) 
(referred to in this section as the ‘‘Secretary’’) may, sub-
ject to any terms and conditions that the Secretary deter-
mines to be necessary, convey to the State of Virginia or 
the District of Columbia, as applicable, any Federal land 
or interest in Federal land under the jurisdiction of the
2305 
Secretary that is identified by the State of Virginia or the 
District of Columbia, as applicable, as necessary for the 
Long Bridge Project, which is a project consisting of im-
provements to the Long Bridge and related railroad infra-
structure between Rossyln (RO) Interlocking in Arlington, 
Virginia, and L’Enfant (LE) Interlocking near 10th 
Street SW in Washington, DC, the purpose of which is 
to expand commuter and regional passenger rail service 
and provide bicycle and pedestrian access crossings over 
the Potomac River. 
(b) If any portion of the Federal land or interest in 
Federal land conveyed under subsection (a) is no longer 
being used for railroad purposes or recreational use, the 
portion of the Federal land or interest in the portion of 
the land shall revert to the Secretary, on a determination 
by the Secretary that the portion of the Federal land has 
been remediated and restored to a condition determined 
to be satisfactory by the Secretary. 
(c) The Secretary may permit the temporary use of 
any Federal land under the jurisdiction of the Secretary 
that is identified by the State of Virginia or the District 
of Columbia, as applicable, as necessary for the construc-
tion of the project described in subsection (a), subject to 
any terms and conditions determined to be necessary by 
the Secretary.
2306 
(d) Notwithstanding any other provision of law, the 
Secretary may recover from the State of Virginia or the 
District of Columbia, as applicable, all costs incurred by 
the Secretary in providing or procuring necessary services 
associated with a conveyance under subsection (a) or use 
authorized under subsection (c), with such amounts to re-
main available to the Secretary until expended, without 
further appropriation. 
Subtitle F—Western Riverside 
County Wildlife Refuge 
SEC. 82601. 
The Secretary of the Interior (in this subtitle referred 
to as the ‘‘Secretary’’), acting through the U.S. Fish and 
Wildlife Service, shall establish as a national wildlife ref-
uge the lands, waters, and interests therein acquired 
under section 82604. The national wildlife refuge shall be 
known as the Western Riverside County National Wildlife 
Refuge (in this subtitle referred to as the ‘‘Wildlife Ref-
uge’’). 
SEC. 82602. PURPOSE. 
The purpose of the Wildlife Refuge shall be— 
(1) to conserve, manage, and restore wildlife 
habitats for the benefit of present and future gen-
erations of Americans;
2307 
(2) to conserve species listed as threatened or 
endangered under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) or the California En-
dangered Species Act (California Fish and Game 
Code 2050–2068), or which is a covered species 
under the Western Riverside County Multiple Spe-
cies Habitat Conservation Plan; 
(3) to support the recovery and protection of 
threatened and endangered species under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.); and 
(4) to provide for wildlife habitat connectivity 
and migratory corridors within the Western River-
side County Multiple Species Habitat Conservation 
Plan Area. 
SEC. 82603. NOTIFICATION OF ESTABLISHMENT. 
The Secretary shall publish notice of the establish-
ment of the Wildlife Refuge in the Federal Register. 
SEC. 82604. BOUNDARIES. 
The Secretary shall include within the boundaries of 
the Wildlife Refuge the lands and waters within the West-
ern Riverside County Multiple Species Habitat Conserva-
tion Plan Area (as depicted on maps and described in the 
Final Western Riverside County Multiple Species Habitat 
Conservation Plan dated June 17, 2003) that are owned
2308 
by the Federal government, a State, or a political subdivi-
sion of a State on the date of enactment. 
SEC. 82605. ADMINISTRATION. 
(a) IN GENERAL.—Upon the establishment of the 
Wildlife Refuge and thereafter, the Secretary shall admin-
ister all federally owned lands, waters, and interests in the 
Wildlife Refuge in accordance with the National Wildlife 
Refuge System Administration Act of 1966 (16 U.S.C. 
668dd et seq.) and this subtitle. The Secretary may use 
such additional statutory authority as may be available to 
the Secretary for the conservation, management, and res-
toration of fish and wildlife and natural resources, the de-
velopment of compatible wildlife dependent outdoor recre-
ation opportunities, and the facilitation of fish and wildlife 
interpretation and education as the Secretary considers 
appropriate to carry out the purposes of this subtitle and 
serve the objectives of the Western Riverside County Mul-
tiple Species Habitat Conservation Plan. 
(b) COOPERATIVE AGREEMENTS REGARDING NON- 
FEDERAL LANDS.—The Secretary may enter into cooper-
ative agreements with the State of California, any political 
subdivision thereof, or any other person— 
(1) for the management, in a manner consistent 
with this subtitle and the Western Riverside County 
Multiple Species Habitat Conservation Plan, of lands
2309 
that are owned by such State, subdivision, or other 
person and located within the boundaries of the 
Wildlife Refuge; 
(2) to promote public awareness of the natural 
resources of the Western Riverside County Multiple 
Species Habitat Conservation Plan Area; or 
(3) to encourage public participation in the con-
servation of those resources. 
SEC. 82606. ACQUISITION AND TRANSFERS OF LANDS AND 
WATERS FOR WILDLIFE REFUGE. 
(a) ACQUISITIONS.—The Secretary shall acquire by 
donation, purchase with appropriated funds, or exchange 
the lands and water, or interest therein (including con-
servation easements), within the boundaries of the Wildlife 
Refuge, except that the lands, water, and interests therein 
owned by the State of California and its political subdivi-
sions may be acquired only by donation. 
(b) TRANSFERS.— 
(1) IN GENERAL.—The head of any Federal de-
partment or agency, including any agency within the 
Department of the Interior, that has jurisdiction of 
any Federal property located within the boundaries 
of the Wildlife Refuge as described by this subtitle 
shall, not later than 1 year after the date of the en-
actment of this Act, submit to the Secretary an as-
2310 
sessment of the suitability of such property for in-
clusion in the Wildlife Refuge. 
(2) ASSESSMENT.—Any assessment under para-
graph (1) shall include— 
(A) parcel descriptions and best existing 
land surveys for such property; 
(B) a list of existing special reservations, 
designations, or purposes of the property; 
(C) a list of all known or suspected haz-
ardous substance contamination of such prop-
erty, and any facilities, surface water, or 
groundwater on such property; 
(D) the status of withdrawal of such prop-
erty from— 
(i) the Mineral Leasing Act; and 
(ii) the General Mining Act of 1872; 
and 
(E) a recommendation as to whether such 
property is or is not suitable for inclusion in the 
Wildlife Refuge. 
(3) INCLUSION IN WILDLIFE REFUGE.— 
(A) IN
GENERAL.—The Secretary shall, 
not later than 60 days after receiving an assess-
ment submitted pursuant to paragraph (1), de-
termine if the property described in such as-
2311 
sessment is suitable for inclusion in the Wildlife 
Refuge. 
(B) TRANSFER.—If the Secretary deter-
mines the property in an assessment submitted 
under paragraph (1) is suitable for inclusion in 
the Wildlife Refuge, the head of the Federal de-
partment or agency that has jurisdiction of 
such property shall transfer such property to 
the administrative jurisdiction of the Secretary 
for the purposes of this subtitle. 
(4) PROPERTY UNSUITABLE FOR INCLUSION.— 
Property determined by the Secretary to be unsuit-
able for inclusion in the Wildlife Refuge based on an 
assessment submitted under paragraph (1) shall be 
subsequently transferred to the Secretary for pur-
poses of this subtitle by the head of the department 
or agency that has jurisdiction of such property if 
such property becomes suitable for inclusion in the 
Wildlife Refuge as determined by the Secretary in 
consultation with the head of the department or 
agency that has jurisdiction of such property. 
(5) PUBLIC ACCESS.—If property transferred to 
the Secretary under this subsection allows for public 
access at the time of transfer, such access shall be 
maintained unless such access—
2312 
(A) would be incompatible with the pur-
poses of the Wildlife Refuge; 
(B) would jeopardize public health or safe-
ty; or 
(C) must be limited due to emergency cir-
cumstances. 
Subtitle G—Tribal Land to Trust 
SEC. 82701. LANDS TO BE TAKEN INTO TRUST. 
(a) IN GENERAL.—The approximately 2,560 acres of 
land owned by the Agua Caliente Band of Cahuilla Indi-
ans, numbered 16, 21, 27, and 29 and generally depicted 
as ‘‘BLM Exchange Lands (2,560 Acres)’’ on the map ti-
tled ‘‘ACBCI/BLM LAND EXCHANGE’’ is hereby taken 
into trust for the benefit of the Agua Caliente Band of 
Cahuilla Indians. 
(b) LANDS PART OF RESERVATION.—Lands taken 
into trust by this section shall be part of the Tribe’s res-
ervation and shall be administered in accordance with the 
laws and regulations generally applicable to property held 
in trust by the United States for an Indian tribe. 
(c) GAMING PROHIBITED.—Lands taken into trust 
by this section for the benefit of the Agua Caliente Band 
of Cahuilla Indians shall not be eligible for gaming under 
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.).
2313 
TITLE III—OCEANS AND 
WILDLIFE 
Subtitle A—Coastal and Great 
Lakes Resiliency and Restoration 
SEC. 83101. SHOVEL-READY RESTORATION AND RESIL-
IENCY GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a grant program to provide funding and technical assist-
ance to eligible entities for purposes of carrying out a 
project described in subsection (d). 
(b) PROJECT PROPOSAL.—To be considered for a 
grant under this section, an eligible entity shall submit 
a grant proposal to the Secretary in a time, place, and 
manner determined by the Secretary. Such proposal shall 
include monitoring, data collection, and measurable per-
formance criteria with respect to the project. 
(c) DEVELOPMENT
OF CRITERIA.—The Secretary 
shall select eligible entities to receive grants under this 
section based on criteria developed by the Secretary, in 
consultation with relevant offices of the National Oceanic 
and Atmospheric Administration, such as the Office of 
Habitat Conservation and the Office for Coastal Manage-
ment. 
(d) ELIGIBLE PROJECTS.—A project is described in 
this section if—
2314 
(1) the purpose of the project is to restore a 
marine, estuarine, coastal, or Great Lake habitat, 
including— 
(A) restoration of habitat to protect or re-
cover a species that is threatened, endangered, 
or a species of concern under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.); 
(B) through the removal or remediation of 
marine debris, including derelict vessels and 
fishing gear, in coastal and marine habitats; 
and 
(C) for the benefit of— 
(i) shellfish; 
(ii) fish, including diadromous fish; or 
(iii) coral reefs; or 
(2) the project provides adaptation to climate 
change, including— 
(A) by constructing or protecting ecological 
features or green infrastructure that protects 
coastal communities from sea level rise, coastal 
storms, or flooding; and 
(B) blue carbon projects. 
(e) PRIORITY.—In determining which projects to 
fund under this section, the Secretary shall give priority 
to a proposed project—
2315 
(1) that would stimulate the economy; 
(2) for which the applicant can demonstrate 
that the grant will fund work that will begin not 
more than 90 days after the date of the award; 
(3) for which the applicant can demonstrate 
that the grant will fund work that will employ fish-
ermen who have been negatively impacted by the 
COVID–19 pandemic or pay a fisherman for the use 
of a fishing vessel or employ a fisherman that has 
been significantly impacted by unfair methods of 
competition or other actions from foreign govern-
ments, as determined by the United States Trade 
Representative, to supplant domestic seafood pro-
duction or fish products; 
(4) for which the applicant can demonstrate 
that any preliminary study or permit required before 
the project can begin has been completed or can be 
completed shortly after an award is made; or 
(5) that includes communities that may not 
have adequate resources, including low-income com-
munities, communities of color, Tribal communities, 
and rural communities. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $3,000,000,000 for fiscal
2316 
year 2020 to the Secretary of Commerce to carry out this 
section, to remain available until expended. 
(g) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a nonprofit, a for-profit business, an in-
stitution of higher education (as such term is de-
fined in section 101(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1001(a))), a State, local, Tribal, 
or territorial government, or, with respect to a 
project described in subsection (d)(3). 
(2) 
FISHERMAN.—The 
term 
‘‘fisherman’’ 
means a commercial or for-hire fisherman or an oys-
ter farmer. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce, acting through the Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration. 
SEC. 83102. LIVING SHORELINE GRANT PROGRAM. 
(a) 
ESTABLISHMENT.—The 
Administrator 
shall 
make grants to eligible entities for purposes of— 
(1) designing and implementing large- and 
small-scale, climate-resilient living shoreline projects; 
and
2317 
(2) applying innovative uses of natural mate-
rials and systems to protect coastal communities, 
habitats, and natural system functions. 
(b) PROJECT PROPOSALS.—To be eligible to receive 
a grant under this section, an eligible entity shall— 
(1) submit to the Administrator a proposal for 
a living shoreline project, including monitoring, data 
collection, and measurable performance criteria with 
respect to the project; 
(2) demonstrate to the Administrator that the 
entity has any permits or other authorizations from 
local, State, and Federal government agencies nec-
essary to carry out the living shoreline project or 
provide evidence demonstrating general support from 
such agencies; and 
(3) include an outreach or education component 
that seeks and solicits feedback from the local or re-
gional community most directly affected by the pro-
posal. 
(c) PROJECT SELECTION.— 
(1) DEVELOPMENT OF CRITERIA.—The Admin-
istrator shall select eligible entities to receive grants 
under this section based on criteria developed by the 
Administrator, in consultation with relevant offices 
of the National Oceanic and Atmospheric Adminis-
2318 
tration, such as the Office of Habitat Conservation, 
the Office for Coastal Management, and the Res-
toration Center. 
(2) CONSIDERATIONS.—In developing criteria 
under paragraph (1) to evaluate a proposed living 
shoreline project, the Administrator shall take into 
account— 
(A) the potential of the project to protect 
the community and maintain the viability of the 
environment, such as through protection of eco-
system functions, environmental benefits, or 
habitat types, in the area where the project is 
to be carried out; 
(B) the historic and future environmental 
conditions of the project site, particularly those 
environmental conditions affected by climate 
change; 
(C) the ecological benefits of the project; 
(D) the ability of the entity proposing the 
project to demonstrate the potential of the 
project to protect the coastal community where 
the project is to be carried out, including 
through— 
(i) mitigating the effects of erosion;
2319 
(ii) attenuating the impact of coastal 
storms and storm surge; 
(iii) mitigating shoreline flooding; 
(iv) mitigating the effects of sea level 
rise, accelerated land loss, and extreme 
tides; 
(v) sustaining, protecting, or restoring 
the functions and habitats of coastal eco-
systems; or 
(vi) such other forms of coastal pro-
tection as the Administrator considers ap-
propriate; and 
(E) the potential of the project to support 
resiliency at a military installation or commu-
nity infrastructure supportive of a military in-
stallation (as such terms are defined in section 
2391 of title 10, United States Code). 
(3) PRIORITY.—In selecting living shoreline 
projects to receive grants under this section, the Ad-
ministrator shall give priority consideration to a pro-
posed project to be conducted in an area— 
(A) for which the President has declared, 
during the 10-year period preceding the submis-
sion of the proposal for the project under sub-
section (b), that a major disaster exists pursu-
2320 
ant to section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170) because of a hurricane, trop-
ical storm, coastal storm, or flooding; 
(B) that has a documented history of 
coastal erosion or frequent coastal inundation 
during that 10-year period; or 
(C) which include communities that may 
not have adequate resources to prepare for or 
respond to coastal hazards, including low in-
come communities, communities of color, Tribal 
communities, and rural communities. 
(4) MINIMUM STANDARDS.— 
(A) IN
GENERAL.—The Administrator 
shall develop minimum standards to be used in 
selecting eligible entities to receive grants under 
this section, taking into account— 
(i) the considerations described in 
paragraph (2); 
(ii) the need for such standards to be 
general enough to accommodate concerns 
relating to specific project sites; and 
(iii) the consideration of an estab-
lished eligible entity program with systems
2321 
to disburse funding from a single grant to 
support multiple small-scale projects. 
(B) 
CONSULTATIONS.—In 
developing 
standards under subparagraph (A), the Admin-
istrator— 
(i) shall consult with relevant offices 
of the National Oceanic and Atmospheric 
Administration, such as the Office of Habi-
tat Conservation, the Office for Coastal 
Management, and the Restoration Center; 
and 
(ii) may consult with— 
(I) relevant interagency councils, 
such as the Estuary Habitat Restora-
tion Council; 
(II) Tribes and Tribal organiza-
tions; 
(III) State coastal management 
agencies; and 
(IV) relevant nongovernmental 
organizations. 
(d) USE OF FUNDS.—A grant awarded under this 
section to an eligible entity to carry out a living shoreline 
project may be used by the eligible entity only—
2322 
(1) to carry out the project, including adminis-
tration, design, permitting, entry into negotiated in-
direct cost rate agreements, and construction; 
(2) to monitor, collect, and report data on the 
performance (including performance over time) of 
the project, in accordance with standards issued by 
the Administrator under subsection (f)(2); and 
(3) to incentivize landowners to engage in living 
shoreline projects. 
(e) COST-SHARING.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an eligible entity that receives a grant 
under this section to carry out a living shoreline 
project shall provide, from non-Federal sources, 
funds or other resources (such as land or conserva-
tion easements or in-kind matching from private en-
tities) valued at not less than 50 percent of the total 
cost, including administrative costs, of the project. 
(2) REDUCED
MATCHING
REQUIREMENT
FOR 
CERTAIN
COMMUNITIES.—The Administrator may 
reduce or waive the matching requirement under 
paragraph (1) for an eligible entity representing a 
community or nonprofit organization if— 
(A) the eligible entity submits to the Ad-
ministrator in writing—
2323 
(i) a request for such a reduction and 
the amount of the reduction; and 
(ii) a justification for why the entity 
cannot meet the matching requirement; 
and 
(B) the Administrator agrees with the jus-
tification. 
(f) MONITORING AND REPORTING.— 
(1) IN GENERAL.—The Administrator shall re-
quire each eligible entity receiving a grant under this 
section (or a representative of the entity) to carry 
out a living shoreline project— 
(A) to transmit to the Administrator data 
collected under the project; 
(B) to monitor the project and to collect 
data on— 
(i) the ecological benefits of the 
project and the protection provided by the 
project for the coastal community where 
the project is carried out, including 
through— 
(I) mitigating the effects of ero-
sion; 
(II) attenuating the impact of 
coastal storms and storm surge;
2324 
(III) mitigating shoreline flood-
ing; 
(IV) mitigating the effects of sea 
level rise, accelerated land loss, and 
extreme tides; 
(V) sustaining, protecting, or re-
storing the functions and habitats of 
coastal ecosystems; or 
(VI) such other forms of coastal 
protection as the Administrator con-
siders appropriate; and 
(ii) the performance of the project in 
providing such protection; 
(C) to make data collected under the 
project available on a publicly accessible inter-
net website of the National Oceanic and Atmos-
pheric Administration; and 
(D) not later than 1 year after the entity 
receives the grant, and annually thereafter until 
the completion of the project, to submit to the 
Administrator a report on— 
(i) the measures described in subpara-
graph (B); and 
(ii) the effectiveness of the project in 
increasing protection of the coastal com-
2325 
munity where the project is carried out 
through living shorelines techniques, in-
cluding— 
(I) a description of— 
(aa) the project; 
(bb) the activities carried 
out under the project; and 
(cc) the techniques and ma-
terials used in carrying out the 
project; and 
(II) data on the performance of 
the project in providing protection to 
that coastal community. 
(2) GUIDELINES.—In developing guidelines re-
lating to paragraph (1)(C), the Administrator shall 
consider how additional data could safely be col-
lected before and after major disasters or severe 
weather events to measure project performance and 
project recovery. 
(3) STANDARDS.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act, the 
Administrator shall, in consultation with rel-
evant offices of the National Oceanic and At-
mospheric Administration, relevant interagency
2326 
councils, and relevant nongovernmental organi-
zations, issue standards for the monitoring, col-
lection, and reporting under subsection (d)(2) 
of data regarding the performance of living 
shoreline projects for which grants are awarded 
under this section. 
(B) REPORTING.—The standards issued 
under subparagraph (A) shall require an eligi-
ble entity receiving a grant under this section 
to report the data described in that subpara-
graph to the Administrator on a regular basis. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $50,000,000 to the Ad-
ministrator for each of fiscal years 2020 through 2025 
for purposes of carrying out this section. 
(h) MINIMUM REQUIRED FUNDS FOR SHORELINE 
PROJECTS LOCATED WITHIN THE GREAT LAKES.—The 
Secretary shall make not less than 10 percent of the funds 
awarded under this section to projects located in the Great 
Lakes. 
(i) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National 
Oceanic and Atmospheric Administration.
2327 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any of the following: 
(A) A unit of a State or local government. 
(B) An organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 
that is exempt from taxation under section 
501(a) of such Code. 
(C) An Indian Tribe (as defined in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)). 
(3) LIVING
SHORELINE
PROJECT.—The term 
‘‘living shoreline project’’— 
(A) means a project that— 
(i) restores or stabilizes a shoreline, 
including marshes, wetlands, and other 
vegetated areas that are part of the shore-
line ecosystem, by using natural materials 
and systems to create buffers to attenuate 
the impact of coastal storms, currents, 
flooding, and wave energy and to prevent 
or minimize shoreline erosion while sup-
porting coastal ecosystems and habitats; 
(ii) incorporates as many natural ele-
ments as possible, such as native wetlands,
2328 
submerged aquatic plants, corals, oyster 
shells, native grasses, shrubs, or trees; 
(iii) utilizes techniques that incor-
porate ecological and coastal engineering 
principles in shoreline stabilization; and 
(iv) to the extent possible, maintains 
or restores existing natural slopes and con-
nections between uplands and adjacent 
wetlands or surface waters; 
(B) may include the use of— 
(i) natural elements, such as sand, 
wetland plants, logs, oysters or other shell-
fish, submerged aquatic vegetation, corals, 
native grasses, shrubs, trees, or coir fiber 
logs; 
(ii) project elements that provide eco-
logical benefits to coastal ecosystems and 
habitats in addition to shoreline protection; 
and 
(iii) structural materials, such as 
stone, concrete, wood, vinyl, oyster domes, 
or other approved engineered structures in 
combination with natural materials; and
2329 
(C) may include a project that expands 
upon or restores natural living shorelines or ex-
isting living shoreline projects. 
(4) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
Subtitle B—Wildlife Corridors 
Conservation Act 
SEC. 83201. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Energy and Natural 
Resources of the Senate; 
(B) the Committee on Environment and 
Public Works of the Senate; 
(C) the Committee on Appropriations of 
the Senate; 
(D) the Committee on Energy and Com-
merce of the House of Representatives; 
(E) the Committee on Natural Resources 
of the House of Representatives;
2330 
(F) the Committee on Appropriations of 
the House of Representatives; and 
(G) in the case of impacts to military in-
stallations— 
(i) the Committee on Armed Services 
of the House of Representatives; and 
(ii) the Committee on Armed Services 
of the Senate. 
(2) CONNECTIVITY.—The term ‘‘connectivity’’ 
means the degree to which the landscape or seascape 
facilitates native species movement. 
(3) CORRIDOR.—The term ‘‘corridor’’ means a 
feature of the landscape or seascape that— 
(A) 
provides 
habitat 
or 
ecological 
connectivity; and 
(B) allows for native species movement or 
dispersal. 
(4) DATABASE.—The term ‘‘Database’’ means 
the National Wildlife Corridors Database established 
under section 83341(a). 
(5) FEDERAL
LAND
OR
WATER.—The term 
‘‘Federal land or water’’ means any land or water, 
or interest in land or water, owned by the United 
States.
2331 
(6) FUND.—The term ‘‘Fund’’ means the Wild-
life Corridors Stewardship Fund established by sec-
tion 83401(a). 
(7) HABITAT.—The term ‘‘habitat’’ means 
land, water, and substrate occupied at any time dur-
ing the life cycle of a native species that is nec-
essary, with respect to the native species, for spawn-
ing, breeding, feeding, growth to maturity, or migra-
tion. 
(8) INDIAN
LAND.—The term ‘‘Indian land’’ 
means land of an Indian Tribe, or an Indian indi-
vidual, that is— 
(A) held in trust by the United States; or 
(B) subject to a restriction against alien-
ation imposed by the United States. 
(9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
(10) NATIONAL COORDINATION COMMITTEE.— 
The term ‘‘National Coordination Committee’’ 
means the National Coordination Committee estab-
lished under section 83332(a). 
(11) NATIONAL
WILDLIFE
CORRIDOR.—The 
term ‘‘National Wildlife Corridor’’ means any Fed-
2332 
eral land or water designated as a National Wildlife 
Corridor under section 83211(a). 
(12) NATIONAL
WILDLIFE
CORRIDOR
SYS-
TEM.—The term ‘‘National Wildlife Corridor Sys-
tem’’ means the system of National Wildlife Cor-
ridors established by section 83211(a). 
(13) NATIVE SPECIES.—The term ‘‘native spe-
cies’’ means— 
(A) a fish, wildlife, or plant species that is 
or was historically present in a particular eco-
system as a result of natural migratory or evo-
lutionary processes, including subspecies and 
plant varieties; or 
(B) a migratory bird species that is native 
to the United States or its territories (as de-
fined in section 2(b) of the Migratory Bird 
Treaty Act (16 U.S.C. 703(b))). 
(14) REGIONAL
OCEAN
PARTNERSHIP.—The 
term ‘‘regional ocean partnership’’ means a regional 
organization of coastal or Great Lakes States, terri-
tories, or possessions voluntarily convened by Gov-
ernors to address cross-jurisdictional ocean matters, 
or the functional equivalent of such a regional ocean 
organization designated by the Governor or Gov-
ernors of a State or States.
2333 
(15) REGIONAL
WILDLIFE
MOVEMENT
COUN-
CIL.—The term ‘‘regional wildlife movement council’’ 
means a regional wildlife movement council estab-
lished under section 83333(a). 
(16) SECRETARIES.—The term ‘‘Secretaries’’ 
means— 
(A) the Secretary of Agriculture, acting 
through the Chief of the Forest Service, con-
cerning land contained within the National For-
est System; 
(B) the Secretary of Commerce; 
(C) the Secretary of Defense; 
(D) the Secretary of the Interior; and 
(E) the Secretary of Transportation. 
(17) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior, acting through 
the Director of the United States Fish and Wildlife 
Service. 
(18) TRIBAL WILDLIFE CORRIDOR.—The term 
‘‘Tribal Wildlife Corridor’’ means a corridor estab-
lished 
by 
the 
Secretary 
under 
section 
83321(a)(1)(C). 
(19) UNITED
STATES.—The term ‘‘United 
States’’, when used in a geographical sense, 
means—
2334 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; 
(G) the Federated States of Micronesia; 
(H) the Republic of the Marshall Islands; 
(I) the Republic of Palau; 
(J) the United States Virgin Islands; and 
(K) the territorial sea (within the meaning 
of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.)) 
and the exclusive economic zone (as defined in 
section 3 of that Act (16 U.S.C. 1802)) within 
the jurisdiction or sovereignty of the Federal 
Government. 
(20) WILDLIFE MOVEMENT.—The term ‘‘wild-
life movement’’ means the passage of individual 
members or populations of a fish, wildlife, or plant 
species across a landscape or seascape. 
(21) 
MILITARY
INSTALLATION.—The 
term 
‘‘military installation’’ has the meaning given the 
term in section 100 of the Sikes Act (16 U.S.C.
2335 
670), and also includes military off-shore range com-
plexes and off-shore operating areas. 
CHAPTER 1—NATIONAL WILDLIFE COR-
RIDOR SYSTEM ON FEDERAL LAND 
AND WATER 
SEC. 83211. NATIONAL WILDLIFE CORRIDORS. 
(a) ESTABLISHMENT.—There is established a system 
of corridors on Federal land and water, to be known as 
the ‘‘National Wildlife Corridor System’’, which shall con-
sist of National Wildlife Corridors designated as part of 
the National Wildlife Corridor System by— 
(1) statute; 
(2) rulemaking under section 83212; or 
(3) a land management plan developed or re-
vised under section 202 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1712). 
(b) STRATEGY.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall develop 
a strategy for the effective development of the National 
Wildlife Corridor System— 
(1) to support the fulfillment of the purposes 
described in section 83212(b); 
(2) to ensure coordination and consistency 
across Federal agencies in the development, imple-
2336 
mentation, and management of National Wildlife 
Corridors; and 
(3) to develop a timeline for the implementation 
of National Wildlife Corridors. 
SEC. 83212. ADMINISTRATIVE DESIGNATION OF NATIONAL 
WILDLIFE CORRIDORS. 
(a) RULEMAKING.— 
(1) NATIONAL
WILDLIFE
CORRIDORS.—Not 
later than 2 years after the date of enactment of 
this Act, the Secretary, in consultation with the Sec-
retaries, pursuant to the land, water, and resource 
management planning and conservation authorities 
of the Secretaries, shall establish a process, by regu-
lation, for the designation and management of Na-
tional Wildlife Corridors on Federal land or water 
under the respective jurisdictions of the Secretaries. 
Where a National Wildlife Corridor crosses federal 
land or water under the jurisdiction of several secre-
taries, then the Secretary must obtain concurrence 
from the applicable Secretaries before a National 
Wildlife Corridor may be designated. 
(2) FEDERAL
LAND
AND
WATER
MANAGE-
MENT.—The Secretaries shall consider the designa-
tion of National Wildlife Corridors in any process re-
lating to the issuance, revision, or modification of a
2337 
management plan for land or water under the re-
spective jurisdiction of the Secretaries insofar as a 
corridor is consistent with the purpose of the plan. 
(b) CRITERIA FOR DESIGNATION.—The regulations 
promulgated by the Secretary under subsection (a)(1) 
shall ensure that, in designating a National Wildlife Cor-
ridor, the Secretaries— 
(1) base the designation of the National Wild-
life Corridor on— 
(A) coordination with existing— 
(i) National Wildlife Corridors; 
(ii) corridors established by States; 
and 
(iii) Tribal Wildlife Corridors; and 
(B) the best available science of— 
(i) existing native species habitat; and 
(ii) likely future native species habi-
tats; 
(2) determine that the National Wildlife Cor-
ridor supports the connectivity, persistence, resil-
ience, and adaptability of the native species for 
which it has been designated by providing for— 
(A) dispersal and genetic exchange between 
populations;
2338 
(B) range shifting, range expansion, or 
range restoration, such as in response to cli-
mate change; 
(C) seasonal movement or migration; or 
(D) succession, movement, or recoloniza-
tion following— 
(i) a disturbance, such as fire, flood, 
drought, or infestation; or 
(ii) population decline or previous ex-
tirpation; 
(3) consult the Database; and 
(4) consider recommendations from the Na-
tional 
Coordination 
Committee 
under 
section 
83332(e)(2)(C). 
(c) DESIGNATION OF FEDERAL LAND OR WATER RE-
QUIRING RESTORATION OR CONNECTION OF HABITAT.— 
The Secretaries may designate as a National Wildlife Cor-
ridor land or water that— 
(1) is necessary for the natural movements of 
one or more native species; 
(2) requires restoration, including— 
(A) land or water that is degraded; and 
(B) land or water from which a species is 
currently absent—