Western Water, Jobs, and Infrastructure Act
Bill: S.2286 | Sponsor: Sen. Tester, Jon (D-MT)
Policy area: Water Resources Development

Summary:
Western Water, Jobs, and Infrastructure Act
This bill provides funding to carry out rural water projects, Indian water rights settlement agreements, and projects related to the Milk River Project in Montana.
First, the bill establishes and provides funds through FY2026 for the Reclamation Rural Water Project Construction Fund, from which the Bureau of Reclamation must complete construction of authorized rural water projects.
Next, the bill establishes and provides funds through October 1, 2025, for the Indian Water Rights Settlement Completion Fund, from which the Department of the Interior must implement any Indian water rights settlement agreements approved by Congress.
In addition, the bill provides FY2022 funding for Reclamation to carry out projects to rehabilitate the Milk River Project, including projects to rehabilitate or replace infrastructure.

To authorize the Secretary of the Interior to use designated funding to 
pay for construction of authorized rural water projects, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Western Water, 
Jobs, and Infrastructure Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
       TITLE I--RECLAMATION RURAL WATER PROJECT CONSTRUCTION FUND

Sec. 101. Definitions.
Sec. 102. Establishment.
Sec. 103. Deposits to Fund.
Sec. 104. Expenditures from Fund.
Sec. 105. Investments of amounts.
        TITLE II--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND

Sec. 201. Indian Water Rights Settlement Completion Fund.
                     TITLE III--MILK RIVER PROJECT

Sec. 301. Definitions.
Sec. 302. Milk River Project rehabilitation projects.

       TITLE I--RECLAMATION RURAL WATER PROJECT CONSTRUCTION FUND

SEC. 101. DEFINITIONS.

    In this title:
            (1) Authorized rural water project.--The term ``authorized 
        rural water project'' means a project--
                    (A) that is designed to provide domestic, 
                industrial, municipal, or residential water to a small 
                community or group of small communities, including 
                Indian Tribes and Tribal organizations; and
                    (B)(i) that is authorized to be carried out by the 
                Secretary on or before the date of enactment of this 
                Act; or
                    (ii) for which an Act of Congress after the date of 
                enactment of this Act has authorized the construction 
                of the project.
            (2) Fund.--The term ``Fund'' means the Reclamation Rural 
        Water Project Construction Fund established by section 102.
            (3) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.

SEC. 102. ESTABLISHMENT.

    There is established in the Treasury of the United States a fund, 
to be known as the ``Reclamation Rural Water Project Construction 
Fund'', consisting of--
            (1) such amounts as are deposited in the Fund under section 
        103; and
            (2) any interest earned on investment of amounts in the 
        Fund under section 105.

SEC. 103. DEPOSITS TO FUND.

    (a) In General.--There is appropriated to the Fund, out of money in 
the Treasury not otherwise appropriated, $200,000,000 for each of 
fiscal years 2022 through 2026, to remain available until September 30, 
2036.
    (b) Availability of Amounts.--Amounts deposited in the Fund under 
subsection (a) shall--
            (1) be made available in accordance with this title, 
        without further appropriation; and
            (2) supplements, and not supplant, amounts appropriated for 
        authorized rural water projects under any other provision of 
        law.

SEC. 104. EXPENDITURES FROM FUND.

    (a) In General.--Subject to subsection (b), for each of fiscal 
years 2022 through 2026, the Secretary may use not less than 
$200,000,000 of amounts available in the Fund to complete construction 
of authorized rural water projects.
    (b) Restrictions.--
            (1) No operation and maintenance costs.--The Secretary 
        shall not use any amounts from the Fund to pay for operation 
        and maintenance costs of an authorized rural water project 
        authorized under subsection (a).
            (2) Conditions.--The Secretary shall not expend any amounts 
        from the Fund to carry out this section until the date on which 
        the Secretary develops--
                    (A) programmatic goals to carry out this section 
                that--
                            (i) would enable the completion of 
                        construction of the authorized rural water 
                        projects as expeditiously as practicable; and
                            (ii) reflect--
                                    (I) the goals and priorities 
                                identified in the laws authorizing the 
                                authorized rural water projects; and
                                    (II) the goals of the Reclamation 
                                Rural Water Supply Act of 2006 (43 
                                U.S.C. 2401 et seq.); and
                    (B) funding prioritization criteria to serve as a 
                methodology for distributing funds under this section 
                that take into account--
                            (i) an evaluation of the urgent and 
                        compelling need for potable water supplies in 
                        the affected rural and Tribal communities;
                            (ii) the status of the current stages of 
                        completion of the authorized rural water 
                        project;
                            (iii) the financial needs of the affected 
                        rural and Tribal communities;
                            (iv) the potential economic benefits of the 
                        expenditures on job creation and general 
                        economic development in the affected rural and 
                        Tribal communities;
                            (v) the ability of the authorized rural 
                        water project to address regional- and 
                        watershed-level water supply needs;
                            (vi) the ability of the authorized rural 
                        water project--
                                    (I) to minimize water and energy 
                                consumption; and
                                    (II) to encourage the development 
                                of renewable energy resources, such as 
                                wind, solar, and hydropower elements;
                            (vii) the need for the authorized rural 
                        water project to address--
                                    (I) the needs of Indian Tribes and 
                                members of Indian Tribes; and
                                    (II) other community needs or 
                                interests; and
                            (viii) such other factors as the Secretary 
                        determines to be appropriate to prioritize the 
                        use of available funds.

SEC. 105. INVESTMENTS OF AMOUNTS.

    (a) In General.--The Secretary shall invest such portion of the 
Fund as is not, in the judgment of the Secretary, required to meet 
current withdrawals.
    (b) Credits to Fund.--The interest on, and the proceeds from the 
sale or redemption of, any obligations held in the Fund shall be 
credited to, and form a part of, the Fund.

        TITLE II--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND

SEC. 201. INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Indian Water Rights 
Settlement Completion Fund'' (referred to in this section as the 
``Fund'').
    (b) Deposits.--
            (1) In general.--The Fund shall consist of such amounts as 
        are appropriated to the Fund under paragraph (2).
            (2) Mandatory funding.--On October 1, 2021, and on each 
        October 1 thereafter through October 1, 2025, out of any funds 
        in the Treasury not otherwise appropriated, the Secretary of 
        the Treasury shall deposit in the Fund $400,000,000, to remain 
        available until September 30, 2036.
    (c) Uses.--Amounts deposited in the Fund under subsection (b) shall 
be used by the Secretary of the Interior to implement any Indian water 
rights settlement agreement approved by Congress, including any Indian 
water rights settlement agreement approved by Congress after the date 
of enactment of this Act, that resolves, in whole or in part, 
litigation involving the United States, if the settlement agreement or 
implementing legislation requires the Bureau of Reclamation or the 
Bureau of Indian Affairs to provide financial assistance for, or plan, 
design, and construct--
            (1) water supply infrastructure; or
            (2) a project--
                    (A) to rehabilitate a water delivery system to 
                conserve water; or
                    (B) to restore fish and wildlife habitat or 
                otherwise improve environmental conditions associated 
                with or affected by, or located within the same river 
                basin as, a Federal reclamation project that is in 
                existence on the date of enactment of this Act.

                     TITLE III--MILK RIVER PROJECT

SEC. 301. DEFINITIONS.

    In this title:
            (1) Milk river project.--
                    (A) In general.--The term ``Milk River Project'' 
                means the Bureau of Reclamation project conditionally 
                approved by the Secretary on March 14, 1903, pursuant 
                to the Act of June 17, 1902 (32 Stat. 388, chapter 
                1093), commencing at Lake Sherburne Reservoir and 
                providing water to a point approximately 6 miles east 
                of Nashua, Montana.
                    (B) Inclusions.--The term ``Milk River Project'' 
                includes the St. Mary Unit.
            (2) St. mary unit.--
                    (A) In general.--The term ``St. Mary Unit'' means 
                the St. Mary Storage Unit of the Milk River Project 
                authorized by Congress on March 25, 1905.
                    (B) Inclusions.--The term ``St. Mary Unit'' 
                includes--
                            (i) Sherburne Dam and Reservoir;
                            (ii) Swift Current Creek Dike;
                            (iii) Lower St. Mary Lake;
                            (iv) St. Mary Canal Diversion Dam; and
                            (v) St. Mary Canal and appurtenances.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.

SEC. 302. MILK RIVER PROJECT REHABILITATION PROJECTS.

    (a) Authorization of Rehabilitation Projects.--The Secretary shall 
use amounts made available under subsection (d) to carry out projects 
to rehabilitate the Milk River Project, including projects--
            (1) to rehabilitate or replace aging or damaged 
        infrastructure;
            (2) to improve the efficiency of the Milk River Project;
            (3) to protect fish and wildlife; and
            (4) to protect municipal, agricultural, and Tribal water 
        supplies.
    (b) Federal Share.--Notwithstanding any other provision of law and 
subject to subsection (c), the Federal share of the cost of a project 
carried out under subsection (a) shall be 100 percent.
    (c) Voluntarily Contributions.--Notwithstanding subsection (b), a 
non-Federal partner may voluntarily contribute to the costs of a 
project carried out under this section.
    (d) Funding.--In addition to amounts otherwise made available, 
there is appropriated to the Secretary to carry out this section, out 
of any amounts in the Treasury not otherwise appropriated, $200,000,000 
for fiscal year 2022, to remain available until expended.
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