II 117th CONGRESS 2d Session S. 4236 IN THE SENATE OF THE UNITED STATES May 17, 2022 Mr. Heinrich (for himself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for a national water data framework, to provide for the water security of the Rio Grande Basin, to reauthorize irrigation infrastructure grants, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Water Data and Security Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Water data Sec. 101. Definitions. Sec. 102. National Water Data Framework. Sec. 103. Water Data Council. Sec. 104. Advisory Committee on Water Information. Sec. 105. Water data grant program. Sec. 106. Authorization of appropriations. TITLE II—Rio Grande water security Sec. 201. Definitions. Sec. 202. Integrated water resources management plan for the Rio Grande Basin. Sec. 203. Rio Grande Basin Working Group. Sec. 204. Effect of title. TITLE III—Pueblo irrigation Sec. 301. Reauthorization of Pueblo irrigation infrastructure grants. 2. Definitions In this Act: (1) 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 ). (2) Secretary The term Secretary means the Secretary of the Interior. I Water data 101. Definitions In this title: (1) Advisory committee The term Advisory Committee means the Advisory Committee on Water Information established by section 104(a). (2) Council The term Council means the Water Data Council established under section 103(a). (3) Data standards The term data standards means standards relating to the manner in which data are to be structured, populated, and encoded in machine-readable formats, and made interoperable for data exchange. (4) Departments The term Departments means each of the following: (A) The Department of Agriculture. (B) The Department of Commerce. (C) The Department of Defense. (D) The Department of Energy. (E) The Department of Health and Human Services. (F) The Department of Homeland Security. (G) The Department of the Interior. (H) The Environmental Protection Agency. (I) The National Aeronautics and Space Administration. (5) National Water Data Framework The term National Water Data Framework means the national water data framework developed under section 102. (6) Water data The term water data means measurements of basic properties relating to the planning and management of water resources, including streamflow, precipitation, groundwater, soil moisture, snow, evaporation, water quality, and water use in agriculture, industry, natural systems, and municipal uses. (7) Water Data Grant Program The term Water Data Grant Program means the water data grant program established under section 105(a). (8) Water data infrastructure The term water data infrastructure means an integrated system of information technologies that includes common standards, formats, and tools to make water data easy to find, access, and share online. 102. National Water Data Framework (a) In general For the purpose of improving water resources management and access across the United States, including addressing drought, floods, and other water management challenges, the heads of the Departments shall jointly develop and implement a national water data framework for integrating, sharing, and using water data. (b) Requirements In developing and implementing the National Water Data Framework, the Departments shall— (1) identify and prioritize key water data needed to support water resources management and planning, including— (A) water data sets, types, and associated metadata; and (B) water data infrastructure, technologies, and tools; (2) develop and adopt common national water data standards for collecting, sharing, and integrating water data, infrastructure, technologies, and tools in consultation with States, Indian Tribes, local governments, and relevant bodies; (3) ensure that Federal water data are made findable, accessible, interoperable, and reusable in accordance with the standards developed and adopted pursuant to this title; (4) integrate water data and tools through common approaches to data infrastructure, platforms, models, and tool development; (5) establish a common, national geospatial index for publishing and linking water data from Federal, State, Tribal, and other non-Federal sources for online discovery; (6) harmonize and align policies, programs, protocols, budgets, and funding programs relating to water data to achieve the purposes of this title to the maximum extent practicable; (7) participate in and coordinate water data activities with the Council; and (8) support the adoption of new technologies and the development of tools for water data collection, sharing, and standardization by Federal, State, Tribal, local, and other entities. 103. Water Data Council (a) In general The heads of the Departments shall establish an interagency Council, to be known as the Water Data Council , to support the development and implementation of the National Water Data Framework. (b) Membership (1) Duties of Secretary The Secretary shall— (A) serve as the Chair of the Council; (B) in collaboration with the Office of Science and Technology Policy, convene the Council not less frequently than 4 times each year; and (C) provide staff support for the Council through the United States Geological Survey. (2) Members Council Members shall include the heads of the following entities: (A) The Departments. (B) Bureaus and offices of the Departments that have a significant role or interest in water data, including— (i) the Corps of Engineers; (ii) the Bureau of Indian Affairs; (iii) the Bureau of Reclamation; (iv) the Federal Emergency Management Agency; (v) the Federal Energy Regulatory Commission; (vi) the United States Fish and Wildlife Service; (vii) the Indian Health Service; (viii) the Forest Service; (ix) the National Laboratories; (x) the Natural Resources Conservation Service; (xi) the National Oceanic and Atmospheric Administration; (xii) the Rural Development program of the Department of Agriculture; and (xiii) the United States Geological Survey. (C) Offices of the Executive Office of the President, including— (i) the Council on Environmental Quality; (ii) the Office of Management and Budget; and (iii) the Office of Science and Technology Policy. (D) Other Federal entities that the Chair and a majority of the members of the Council described in subparagraphs (A) through (C) determine to be appropriate. (c) Duties The Council shall— (1) support the development and implementation of the National Water Data Framework; and (2) facilitate communication and collaboration among members of the Council— (A) to establish, adopt, and implement common national water data standards; (B) to promote water data sharing and integration across Federal departments and agencies, including— (i) water data collection, documentation, maintenance, distribution, and preservation strategies; and (ii) development and use of water data infrastructure, tools, and technologies to support water management and planning; (C) to align the policies, programs, protocols, budgets, and funding programs relating to water data of the members of the Council; and (D) to promote partnerships across Federal entities and non-Federal entities— (i) to advance innovation and solutions in water data, technology, tools, planning, and management; and (ii) to develop guidelines for data sharing and protecting data privacy. (d) Water Data Council reports Not later than 180 days after the date of enactment of this Act, and annually thereafter, in conjunction with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Secretary, acting on behalf of the Council, shall submit to members of the Council and the appropriate committees of Congress and make available publicly online a report that describes— (1) the National Water Data Framework; (2) the actions undertaken by the Departments to implement this title pursuant to section 102; (3) key water data sets, types, and infrastructure needed to support water management and planning; (4) goals, targets, and actions to carry out the National Water Data Framework in the subsequent fiscal year; (5) a summary and evaluation of the progress of the Departments in achieving any prior goals, targets, and actions to carry out the National Water Data Framework; (6) actions needed to align policies, programs, and budgetary resources to carry out the National Water Data Framework in the subsequent fiscal year; (7) grants and assistance provided to State, Tribal, and local entities toward the development and adoption of new technologies and tools; (8) opportunities to develop and incentivize the deployment of promising next-generation technologies, including new water data technologies and tools, in partnership with the private sector and others to accomplish the purposes of this title; and (9) metrics for achieving the National Water Data Framework. 104. Advisory Committee on Water Information (a) Establishment There is established within the Department of the Interior an advisory committee, to be known as the Advisory Committee on Water Information , to advise the Secretary, Departments, and Council on the development and implementation of the National Water Data Framework. (b) Membership (1) Composition The Advisory Committee shall be composed of members, to be appointed by the Secretary in a manner that provides for— (A) balanced representation among various entities involved in water-related activities; and (B) consideration for a geographic balance of individuals representing localities across the United States. (2) Selection Members of the Advisory Committee shall be selected by the Secretary from among entities involved in water-related activities, including— (A) States; (B) Indian Tribes; (C) local governments; (D) Federal entities; (E) water agencies, utilities, conservation districts, irrigation districts, acequias, and other water user associations; (F) organizations that facilitate collaboration across States and multi-state instrumentalities; (G) educational institutions; (H) professional organizations; (I) water data and technology-related experts, professionals, and industries; (J) private sector entities; and (K) nonprofit organizations. (3) Term Members of the Advisory Committee shall be appointed by the Secretary for a term not to exceed 4 years. (c) Chair The Secretary shall serve as the Chair of the Advisory Committee. (d) Staff support The United States Geological Survey shall provide support services for the Advisory Committee. (e) Meetings The Advisory Committee shall meet at the call of the Chair, but not less frequently than 4 times each year. (f) Duties The duties of the Advisory Committee are to advise the Secretary, Departments, and Council on— (1) the development and implementation of the National Water Data Framework; (2) efforts to operate a cost-effective national network of water data collection and analysis that meets the priority water information needs of the Federal Government and, to the extent practicable using available resources, the needs of the non-Federal community that are tied to national interests; (3) efforts to develop uniform standards, guidelines, and procedures for the collection, analysis, management, and dissemination of water information to improve quality, consistency, and accessibility nationwide; and (4) the effectiveness of existing water information programs and recommended modifications needed to respond to changes in legislation, technology, and other conditions. (g) Applicability of FACA (1) In general Except as provided in paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Committee. (2) No termination Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. 105. Water data grant program (a) In general The Secretary shall establish a water data grant program under which the Secretary shall award grants— (1) to support non-Federal entities in making water data sets findable, accessible, interoperable, and reusable in accordance with the water data standards established under this title; (2) to advance the development of water data infrastructure, tools, and technologies to facilitate the sharing and use of water data; (3) to support programs and projects that facilitate water data sharing and use in water resources management and the implementation of the National Water Data Framework; and (4) to provide a prize for accelerating innovation and developing next-generation water data tools and technologies. (b) Coordination with the Council The Secretary shall consult and coordinate with the Council in creating and implementing the Water Data Grant Program to ensure that— (1) the Water Data Grant Program is aligned with and carries out the purposes of this title; and (2) grants and programs are harmonized across the Departments and members of the Council to achieve the purposes of this title. (c) Eligible entities An entity eligible for a grant under the Water Data Grant Program— (1) shall demonstrate significant needs or capabilities for advancing water data sharing and tools with a significant public benefit; and (2) may include— (A) a State, multistate instrumentality, Indian Tribe, or other unit of local government; (B) a water agency, utility, conservation district, irrigation district, acequia, mutual domestic association, or other entity organized pursuant to Federal, Tribal, or local laws for the purpose of water-related activities; (C) an educational institution or nonprofit organization; and (D) in the case of carrying out activities described in subsection (a)(4)— (i) an individual who is a citizen or legal resident of the United States; or (ii) an entity that is incorporated and maintains the primary place of business of the entity in the United States. (d) Requirements (1) Data sharing and standards Any project funded through the Water Data Grant Program shall be implemented in accordance with the water data standards established under section 102. (2) Use of existing water data infrastructure The recipient of a grant shall, to the extent practicable, leverage existing water data and water data infrastructure. (e) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter, in conjunction with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report that describes the implementation of the Water Data Grant Program, including— (1) a description of the use and deployment of amounts made available under the Water Data Grant Program; (2) an accounting of all grants awarded under the Water Data Grant Program, including a description of— (A) each grant recipient; and (B) each project funded under the Water Data Grant Program; (3) an assessment of the success of the Water Data Grant Program in advancing the purposes of this title; and (4) a plan for the subsequent fiscal year to achieve the purposes of this title. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the Water Data Grant Program $25,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. (g) Administrative costs Of the funds authorized to be appropriated under subsection (f), not more than 3 percent may be used by the Secretary for administrative costs. 106. Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out sections 102 through 104 $15,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. II Rio Grande water security 201. Definitions In this title: (1) Basin Plan The term Basin Plan means the integrated water resources management plan for the Rio Grande Basin developed under section 202(a). (2) Basin State The term Basin State means each of the following States: (A) Colorado. (B) New Mexico. (C) Texas. (3) Nature-based feature The term nature-based feature has the meaning given the term in section 9502 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10362 ). (4) Rio Grande Basin The term Rio Grande Basin means the mainstem of the Rio Grande from the headwaters of the Rio Grande in Colorado to the mouth of the Rio Grande in Texas and any hydrologically connected groundwater, aquifers, and tributaries, including tributaries that provide water via basin transfers. (5) Working group The term Working Group means the Rio Grande Basin Working Group convened under section 202(a). 202. Integrated water resources management plan for the Rio Grande Basin (a) In general Not later than 120 days after the date of enactment of this Act, the Secretary shall convene a Federal Working Group, to be known as the “Rio Grande Basin Working Group”, to consult and collaborate with the Basin States, Indian Tribes, units of local government, irrigation districts, conservation districts, acequias, land Grant-Mercedes, and other local partners in the Rio Grande Basin to develop and implement an integrated water resources management plan for the Rio Grande Basin using the best available science, data, and local knowledge. (b) Purpose The purpose of the Basin Plan is to improve— (1) water security and quality for communities throughout the Rio Grande Basin; (2) river and watershed health for ecosystems, fish, and wildlife in the Rio Grande Basin; (3) the resilience of communities and ecosystems in the Rio Grande Basin to drought and hydrologic change; and (4) consultation, collaboration, and partnerships among Federal agencies, Basin States, Indian Tribes, and local partners within the Rio Grande Basin. (c) Requirements The Basin Plan shall include— (1) a list of recommended projects and activities to achieve the purpose described in subsection (b), using the best available science for current and future conditions in the Rio Grande Basin, including recommendations for— (A) improving infrastructure design, maintenance, repair, planning, management, and operations throughout the Rio Grande Basin; (B) improving science, data, monitoring, and collaboration to improve understanding of the Rio Grande Basin, including— (i) the hydrology and other processes of the Rio Grande Basin; and (ii) the long-term availability of water across the Rio Grande Basin; (C) increasing water conservation in the Rio Grande Basin through partnerships with communities and water users; (D) investments in nature-based features, infrastructure, and habitat improvements to improve river health, resilience, water security, and hazard mitigation in the Rio Grande Basin; (E) updating reservoir operations authorities and water control manuals; and (F) improving consultation, collaboration, and partnerships throughout the Rio Grande Basin to achieve the objectives described in subparagraphs (A) through (E); (2) a list of potential changes to existing Federal authorities that may be needed to implement the Basin Plan; and (3) a timeline for implementing the Basin Plan over a 30-year period. (d) Report to Congress Not later than 2 years after the date of enactment of this Act, the Secretary shall— (1) submit the Basin Plan to— (A) the appropriate committees of Congress; and (B) the Basin States, Indian Tribes located within the Rio Grande Basin, and local partners; and (2) make the Basin Plan publicly available online. (e) Implementation (1) In general On submission of the Basin Plan to Congress under subsection (d)(1)(A), the relevant agencies of the Working Group may implement recommended projects and activities from the Basin Plan to achieve the purposes of this title, including— (A) water conservation and restoration projects; (B) streamflow and groundwater recharge improvements; (C) optimization of Federal project management, including— (i) improvements and flexibility in reservoir, irrigation, and flood control project operations; and (ii) updates and amendments to particular reservoir operations authorities, contracts, and water control manuals within the Rio Grande Basin, consistent with the recommendations provided in subsection (c)(1)(E); (D) studies of relevant projects and activities requiring further authorization; (E) the establishment of a collaborative science, data, and monitoring program for the Rio Grande Basin; and (F) the establishment of a coordinated technical assistance program to support Rio Grande Basin stakeholders in accessing resources and programs to achieve the purposes of this title. (2) Waiver In implementing this subsection, the relevant agencies of the Working Group may waive or reduce Federal cost-share requirements for projects and activities that demonstrate significant public benefits in accordance with the purpose described in subsection (b). (f) Requirements The projects and activities implemented pursuant to subsection (e) shall be— (1) subject to required authorization and appropriation by Congress; (2) contingent on the completion of applicable feasibility studies, environmental reviews, and cost-benefit analyses that include favorable recommendations for the proposed projects and activities; and (3) implemented— (A) in accordance with applicable law, including— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (ii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (iii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (B) in consultation with and in accordance with State, Tribal, and local authorities in the Basin States; (C) in accordance with interstate and international agreements applicable to the Rio Grande Basin; and (D) in accordance with the water rights of any Indian Tribe or agreements between any Indian Tribe and the United States. (g) Authorization of appropriations There are authorized to be appropriated to the heads of the agencies represented on the Working Group such sums as are necessary to carry out this title for each of fiscal years 2023 through 2052. 203. Rio Grande Basin Working Group (a) Composition The Working Group shall be composed of the following members: (1) The Administrator of the Environmental Protection Agency. (2) The Assistant Secretary of the Army for Civil Works. (3) The Chief of the Forest Service. (4) The Chief of the Natural Resources Conservation Service. (5) The Commissioner of the International Boundary and Water Commission. (6) The Commissioner of Reclamation. (7) The Director of any National Laboratory located in a Basin State. (8) The Director of the Bureau of Indian Affairs. (9) The Director of the Bureau of Land Management. (10) The Director of the National Park Service. (11) The Director of the United States Fish and Wildlife Service. (12) The Director of the United States Geological Survey. (13) The Secretary of Energy. (14) The Under Secretary for Rural Development. (15) The heads of any other relevant Federal agencies, as determined to be appropriate by a majority of the members of the Working Group described in paragraphs (1) through (14). (b) Duties The Working Group shall consult, collaborate, and work with Basin States, Indian Tribes located within the Rio Grande Basin, and local partners— (1) to develop and implement a Basin Plan; and (2) on submission of the Basin Plan to Congress under section 202(d)(1)(A), to support ongoing collaboration across the Rio Grande Basin among Federal stakeholders and non-Federal stakeholders within the Rio Grande Basin. 204. Effect of title Nothing in this title— (1) affects, waives, abrogates, diminishes, defines, or interprets any water right of any Indian Tribe or agreement between any Indian Tribe and the United States; (2) affects a contract or benefit in existence on the date of enactment of this Act that was executed pursuant to the reclamation laws, unless otherwise agreed to by the parties to the contract or benefit; (3) affects any interstate or international agreement regarding the Rio Grande and the waters of the Rio Grande, or any other interstate compact or agreement regarding water; (4) affects any ongoing treaty obligations; or (5) limits or affects any Basin State or Indian Tribe in the management of water quantity or quality in accordance with State or Tribal laws, as applicable. III Pueblo irrigation 301. Reauthorization of Pueblo irrigation infrastructure grants Section 9106(g)(2) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1309) is amended— (1) by striking is authorized and inserting are authorized ; and (2) by striking $6,000,000 and all that follows through the period at the end and inserting such sums as are necessary for each of fiscal years 2022 through 2032. .