I 
118TH CONGRESS 
2D SESSION 
H. R. 8079 
To provide for water conservation, drought operations, and drought resilience 
at water resources development projects, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 18, 2024 
Mr. STANTON (for himself, Mr. CISCOMANI, Ms. TITUS, Ms. LEE of Nevada, 
and Mr. GALLEGO) introduced the following bill; which was referred to 
the Committee on Transportation and Infrastructure 
A BILL 
To provide for water conservation, drought operations, and 
drought resilience at water resources development 
projects, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Drought Resilient In-
frastructure Act of 2024’’. 
SEC. 2. DEFINITION OF SECRETARY. 
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of the Army. 
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SEC. 3. WATER CONSERVATION MEASURES. 
(a) IN GENERAL.—The Secretary is authorized to 
carry out water conservation measures as part of water 
resources development projects for which water supply is 
an authorized project purpose. 
(b) INCLUSIONS.—Water conservation measures au-
thorized under subsection (a) may include— 
(1) operational measures to enhance stormwater 
retention or aquifer recharge, including the use of 
nonstructural, natural features or nature-based fea-
tures; 
(2) releases to augment water supply at another 
facility; 
(3) modifications to existing Corps of Engineers 
facilities (including the addition of new project fea-
tures and the use of nonstructural, natural features 
or nature-based features) to enhance stormwater re-
tention, water storage, or aquifer recharge; and 
(4) other actions designed to conserve limited 
water resources. 
(c) REQUIREMENT.—The Secretary shall ensure that 
water conservation measures authorized under subsection 
(a) are carried out consistent with other authorized project 
purposes. 
(d) CONTRIBUTED FUNDS.—Notwithstanding any 
other provision of law, the Secretary may receive and ex-
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pend funds contributed by a non-Federal interest or a 
Federal agency to carry out measures authorized under 
subsection (a). 
(e) EFFECT.— 
(1) IN GENERAL.—Nothing in this section— 
(A) affects any other authority of the Sec-
retary to use amounts derived from revenues 
from a Bureau of Reclamation project; or 
(B) creates, impairs, alters, or supersedes 
a State water right. 
(2) APPLICABLE
LAW.—In carrying out this 
section, the Secretary shall comply with all applica-
ble— 
(A) State water laws; 
(B) Federal laws and policies; and 
(C) interstate water compacts. 
SEC. 4. EMERGENCY DROUGHT OPERATIONS. 
(a) DEFINITION OF COVERED PROJECT.—In this sec-
tion, the term ‘‘covered project’’ means any of the fol-
lowing: 
(1) A project of the Corps of Engineers. 
(2) A project for which the Secretary develops 
a water control manual under section 7 of the Act 
of December 22, 1944 (commonly known as the 
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(B) impact only the flood pool managed by 
the Secretary; and 
(C) are not being carried out in the event 
of a forecast or anticipated flood or weather 
event that would require the flood risk manage-
ment mission to take precedence; 
(2) to the extent practicable, the Secretary uses 
forecast-informed reservoir operations; and 
(3) the covered project returns to operation 
with original authorized project purposes, at a time 
determined by the Secretary. 
(e) CONTRIBUTED FUNDS.—Notwithstanding any 
other provision of law, the Secretary may receive and ex-
pend funds contributed by a non-Federal interest or a 
Federal agency to carry out activities under this section. 
(f) COORDINATION.—The Secretary, to the maximum 
extent practicable, shall coordinate with State and local 
authorities in carrying out this section. 
(g) SAVINGS PROVISIONS.—Nothing in this section 
preempts or affects— 
(1) water rights and water supply agreements; 
(2) any State water law; 
(3) any interstate compact governing water; or 
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(4) any obligation to comply with the provisions 
of any Federal or State environmental law, includ-
ing— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); and 
(C) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(h) AUTHORIZATION OF APPROPRIATIONS.—Section 
5(a) of the Act of August 18, 1941 (commonly known as 
the ‘‘Flood Control Act of 1941’’) (55 Stat. 650, chapter 
377; 33 U.S.C. 701n(a)), is amended by adding at the 
end the following: 
‘‘(6) AUTHORIZATION OF APPROPRIATIONS FOR 
EMERGENCY
DROUGHT
OPERATIONS.—Of 
the 
amounts made available for each fiscal year to carry 
out this subsection, not less than $5,000,000 for 
each of fiscal years 2024 through 2034 shall be used 
to carry out section 4 of the Drought Resilient In-
frastructure Act of 2024.’’. 
SEC. 5. DROUGHT RESILIENCE. 
(a) IN GENERAL.—The Secretary may carry out a 
drought resilience project if the Secretary determines that 
the project— 
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(1) will provide for drought resilience, includ-
ing— 
(A) water conservation measures to miti-
gate and address drought conditions; 
(B) the management of sediment for in-
creased water in the system; 
(C) the mitigation and monitoring associ-
ated with aquatic or riparian non-native species 
that exacerbate drought conditions, such as salt 
cedar; 
(D) the planting of native plant species 
that will reduce the risk of recurrence and 
threat associated with non-native plant species; 
or 
(E) other actions that increase drought re-
silience, including the use of nonstructural, nat-
ural features or nature-based features; 
(2) is in the public interest; and 
(3) is cost effective. 
(b) COST SHARING.— 
(1) IN
GENERAL.—The non-Federal interest 
shall provide 35 percent of the cost of construction 
of a project under this section. 
(2) ITEMS PROVIDED BY NON-FEDERAL INTER-
ESTS.— 
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(A) IN GENERAL.—The non-Federal inter-
est for a project under this section shall provide 
all land, easements, rights-of-way, and reloca-
tions necessary for the project. 
(B) CREDIT.—The value of the land, ease-
ments, rights of-way, and relocations referred to 
in subparagraph (A) shall be credited toward 
the non-Federal share of the cost of the project 
under paragraph (1). 
(c) AGREEMENTS.—Construction of a project under 
this section shall be initiated only after the Secretary and 
the non-Federal interest enter into an agreement under 
which the non-Federal interest agrees to pay— 
(1) the non-Federal share of the cost of con-
struction required under this section; and 
(2) 100 percent of any operation, maintenance, 
and replacement and rehabilitation costs with re-
spect to the project, in accordance with regulations 
prescribed by the Secretary. 
(d) COST LIMITATION.—Not more than $10,000,000 
in Federal funds may be allotted under this section for 
a project at any single locality. 
(e) TECHNICAL ASSISTANCE.—As part of carrying 
out a project under this section, the Secretary may provide 
technical assistance to non-Federal interests necessary to 
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support comprehensive, system-wide approaches and oper-
ations, maintenance, and replacement and rehabilitation 
that take into account changing conditions from extreme 
and prolonged weather events. 
(f) FUNDING.—There is authorized to be appro-
priated to carry out this section $35,000,000 for each fis-
cal year. 
(g) SAVINGS PROVISIONS.—Nothing in this section 
preempts or affects— 
(1) water rights and water supply agreements; 
(2) any State water law; or 
(3) any interstate compact governing water. 
(h) CONFORMING AMENDMENTS.— 
(1) Section 1030(a)(1) of the Water Resources 
Reform and Development Act of 2014 (33 U.S.C. 
400(1)) is amended by adding at the end the fol-
lowing: 
‘‘(L) Section 5 of the Drought Resilient 
Infrastructure Act of 2024.’’. 
(2) Section 7001(c)(1)(D)(iii) of the Water Re-
sources Reform and Development Act of 2014 (33 
U.S.C. 2282d(c)(1)(D)(iii)) is amended— 
(A) in subclause (VIII), by striking ‘‘and’’ 
at the end; 
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(B) in subclause (IX), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(X) section 5 of the Drought 
Resilient 
Infrastructure 
Act 
of 
2024.’’. 
SEC. 6. LEVERAGING FEDERAL INFRASTRUCTURE FOR IN-
CREASED WATER SUPPLY. 
Section 1118(i)(2) of the Water Resources Develop-
ment Act of 2016 (43 U.S.C. 390b–2(i)(2)) is amended— 
(1) by inserting ‘‘or a Federal agency’’ after 
‘‘non-Federal interest’’; and 
(2) by inserting ‘‘and to carry out any infra-
structure modifications required to implement the 
revised operational documents’’ after ‘‘documents’’. 
SEC. 7. WATER SUPPLY PURPOSE, COLORADO RIVER BASIN 
STATES. 
(a) DEFINITION
OF
COLORADO
RIVER
BASIN 
STATE.—In this section, the term ‘‘Colorado River Basin 
State’’ means any of the following States: 
(1) Arizona. 
(2) California. 
(3) Colorado. 
(4) Nevada. 
(5) New Mexico. 
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(6) Utah. 
(7) Wyoming. 
(b) MODIFICATIONS.—Each project of the Corps of 
Engineers in a Colorado River Basin State shall be modi-
fied to include water supply as a project purpose if a re-
quest for such a modification is made to the Secretary 
by— 
(1) the non-Federal sponsor of the project; or 
(2) in the case of a project for which there is 
no non-Federal sponsor, the Governor of the applica-
ble Colorado River Basin State. 
(c) COORDINATION.—The Secretary, to the maximum 
extent practicable, shall coordinate with State and local 
authorities in carrying out this section. 
SEC. 8. FORECAST-INFORMED RESERVOIR OPERATIONS 
PILOT PROGRAM. 
Section 1222 of the America’s Water Infrastructure 
Act of 2018 (132 Stat. 3811; 134 Stat. 2661) is amended 
by adding at the end the following: 
‘‘(d) FORECAST-INFORMED RESERVOIR OPERATIONS 
PILOT PROGRAM.—The Secretary shall carry out a pilot 
program for the use of forecast-informed reservoir oper-
ations in the South Pacific Division of the Corps of Engi-
neers— 
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‘‘(1) with the goal of providing for drought re-
silience; and 
‘‘(2) for further development and application of 
the forecast-informed reservoir operations screening 
process developed by the Corps of Engineers to as-
sess the viability and prioritization of water supply 
and water conservation as a project purpose at 
projects located in a Colorado River Basin State (as 
defined in section 7(a) of the Drought Resilient In-
frastructure Act of 2024).’’. 
SEC. 9. INVASIVE SPECIES THAT EXACERBATE DROUGHT. 
(a) AQUATIC ECOSYSTEM RESTORATION.—Section 
206(a) of the Water Resources Development Act of 1996 
(33 U.S.C. 2330(a)) is amended— 
(1) in paragraph (1)(A)— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by striking ‘‘and’’ at the 
end and inserting ‘‘or’’; and 
(C) by adding at the end the following: 
‘‘(iii) will provide for drought resilience; 
and’’; and 
(2) by adding at the end the following: 
‘‘(4) REMOVAL AND MITIGATION OF INVASIVE 
SPECIES.—A project under this section may include 
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measures to remove and mitigate invasive aquatic or 
riparian species that exacerbate drought conditions 
and risk of fire, including the replacement of 
invasive species with non-invasive native species that 
reduce the risk of regrowth of invasive species.’’. 
(b) PROJECT MODIFICATIONS FOR IMPROVEMENT OF 
ENVIRONMENT.—Section 1135 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2309a) is amend-
ed— 
(1) in subsection (c), by adding at the end the 
following: 
‘‘(3) CONTROL
OF
AQUATIC
OR
RIPARIAN 
INVASIVE
SPECIES
THAT
EXACERBATE
DROUGHT 
CONDITIONS
AND
THE
RISK
OF
FIRE.—The Sec-
retary may use the authority under this section for 
the mitigation of salt cedar and replacement with 
native species plantings.’’; and 
(2) in subsection (e)— 
(A) by striking ‘‘(e) The Secretary’’ and 
inserting the following: 
‘‘(e) COORDINATION AND ASSISTANCE.— 
‘‘(1) COORDINATION.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 
may provide technical assistance to a non-Federal 
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interest managing land adjacent to the water re-
sources project being modified under this section if 
the Secretary determines the assistance to be nec-
essary in order to extend the benefit or enable suc-
cess of the modification.’’. 
SEC. 10. SILVER JACKETS PROGRAM. 
Section 206 of the Flood Control Act of 1960 (33 
U.S.C. 709a) is amended by adding at the end the fol-
lowing: 
‘‘(f) SILVER JACKETS PROGRAM.—There is author-
ized to be appropriated $25,000,000 for each fiscal year 
to carry out the Silver Jackets program of the Secretary 
established pursuant to this section and section 204 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5134).’’. 
SEC. 11. TRIBAL PARTNERSHIP PROGRAM. 
(a) REMOVAL OF RESTRICTION.—Section 203 of the 
Water Resources Development Act of 2000 (33 U.S.C. 
2269) is amended by striking subsection (e). 
(b) COST-SHARE.—Section 203(d) of the Water Re-
sources Development Act of 2000 (33 U.S.C. 2269(d)) is 
amended— 
(1) in paragraph (4)— 
(A) in subparagraph (A), by striking ‘‘50 
percent’’ and inserting ‘‘10 percent’’; and 
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(B) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) OTHER COSTS.—The costs of design 
and construction of a project described in sub-
paragraph (A) shall be assigned to the appro-
priate project purposes and shared as described 
in sections 101 and 103 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2211, 
2213) except that— 
‘‘(i) the non-Federal share shall be 10 
percent; 
‘‘(ii) in the case of a navigation 
project— 
‘‘(I) section 101(a)(2) of that Act 
(33 U.S.C. 2211(a)(2)) shall not 
apply; and 
‘‘(II) the value of land, ease-
ments, rights-of-way, and relocations 
under subsection (a)(3) of section 101 
of that Act (33 U.S.C. 2211) and the 
costs of relocations under subsection 
(a)(4) of that section shall be included 
in the total project costs and credited 
toward the non-Federal share under 
clause (i); and 
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‘‘(iii) in the case of a flood risk man-
agement project, section 103(a)(1)(A) of 
that Act (33 U.S.C. 2213(a)(1)(A)) shall 
not apply.’’; and 
(2) in paragraph (5)(A), by striking ‘‘25 per-
cent’’ and inserting ‘‘10 percent’’. 
Æ 
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