II 118th CONGRESS 2d Session S. 5439 IN THE SENATE OF THE UNITED STATES December 5, 2024 Mr. Kelly (for himself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide for water conservation, drought operations, and drought resilience at water resources development projects, and for other purposes.

1. Short title This Act may be cited as the Drought Resilient Infrastructure Act of 2024 . 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Army. 3. Declaration of policy (a) In general It is the policy of the United States for the Corps of Engineers, consistent with applicable statutory authorities— (1) to maximize opportunities for water supply, water conservation measures, and drought resiliency efforts at and in the operation of water resources development projects; (2) in accordance with section 301(a) of the Water Supply Act of 1958 ( 43 U.S.C. 390b(a) ), to participate and cooperate with States and local interests in developing water supplies for domestic, municipal, industrial, and other authorized purposes in connection with the construction, maintenance, and operation of water resources development projects; and (3) in coordination with non-Federal interests, to enable the adoption of water conservation measures and drought resiliency measures that are in alignment with the authorized purposes of water resources development projects. (b) Full consideration In support of subsection (a), the Secretary shall give full consideration to requests and proposals from non-Federal interests to utilize the authorities of the Corps of Engineers in furtherance of water supply features, water conservation measures, and drought resiliency efforts that are in alignment the authorized purposes of water resources development projects. (c) Limitation Nothing in this section— (1) affects, modifies, or changes— (A) the authority of a State to manage, use, or allocate the water resources of that State; (B) any water right in existence on the date of enactment of this Act; (C) any existing water supply agreements between the Secretary and a non-Federal interest; (D) the authorized purposes of a water resources development project; or (E) any existing Corps of Engineers authorities; (2) preempts or affects any State water law or interstate compact governing water; (3) diminishes the other priorities and the primary or secondary missions of the Corps of Engineers; or (4) shall be interpreted to supersede or modify any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act. 4. Forecast-informed reservoir operations (a) In general In updating a water control manual for any reservoir constructed, owned, or operated by the Secretary, including a reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 7 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 890, chapter 665; 33 U.S.C. 709 ), the Secretary shall, to the maximum extent practicable, incorporate the use of forecast-informed reservoir operations, subject to the availability of appropriations. (b) Guidelines The Secretary, in coordination with relevant Federal and State agencies and non-Federal interests, shall issue clear and concise guidelines for incorporating the use of forecast-informed reservoir operations into water control manuals for reservoirs described in subsection (a). (c) Assessment (1) Requirement The Secretary shall carry out an assessment of geographically diverse reservoirs described in subsection (a) to determine the viability of using forecast-informed reservoir operations at such reservoirs. (2) Priority areas In carrying out the assessment described in paragraph (1), the Secretary shall include an assessment of— (A) each reservoir located in the South Pacific Division of the Corps of Engineers; and (B) reservoirs located in each of the Northwestern Division and the South Atlantic Division of the Corps of Engineers. (3) Consultation In carrying out this subsection, the Secretary shall consult with relevant Federal and State agencies and non-Federal interests. (d) Savings provision Nothing in this section preempts or affects any State water law or any interstate compact governing water, or otherwise restricts, affects, or amends any other law or the authority of any department, instrumentality, or agency of the United States related to the operation of reservoirs described in subsection (a). 5. Updates to certain water control manuals Section 8109 of the Water Resources Development Act of 2022 (136 Stat. 3702) is amended by inserting or that incorporate the use of forecast-informed reservoir operations into such manuals before the period at the end. 6. Emergency drought operations pilot program (a) Definition of covered project In this section, the term covered project means a project— (1) that is located in the State of California, the State of Nevada, or the State of Arizona; and (2) (A) of the Corps of Engineers for which water supply is an authorized purpose; or (B) for which the Secretary develops a water control manual under section 7 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 890, chapter 665; 33 U.S.C. 709 ). (b) Emergency operation during drought Consistent with other authorized project purposes and in coordination with the non-Federal interest, in operating a covered project during a drought emergency in the project area, the Secretary may carry out a pilot program to operate the covered project with water supply as the primary project purpose. (c) Updates In carrying out this section, the Secretary may update the water control manual for a covered project to include drought operations and contingency plans. (d) Requirements In carrying out subsection (b), the Secretary shall ensure that— (1) operations described in that subsection— (A) are consistent with water management deviations and drought contingency plans in the water control manual for the covered project; (B) impact only the flood pool managed by the Secretary; and (C) shall not be carried out in the event of a forecast or anticipated flood or weather event that would require flood risk management to take precedence; (2) to the maximum extent practicable, the Secretary uses forecast-informed reservoir operations; and (3) the covered project returns to the operations that were in place prior to the use of the authority provided under that subsection at a time determined by the Secretary, in coordination with the non-Federal interest. (e) Contributed funds The Secretary may receive and expend funds contributed by a non-Federal interest to carry out activities under this section. (f) Report (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the pilot program carried out under this section. (2) Inclusions The Secretary shall include in the report under paragraph (1) a description of the activities of the Secretary that were carried out for each covered project and any lessons learned from carrying out those activities. (g) Limitations Nothing in this section— (1) affects, modifies, or changes the authorized purposes of a covered project; (2) affects existing Corps of Engineers authorities, including authorities with respect to navigation, hydropower, flood damage reduction, and environmental protection and restoration; (3) affects the ability of the Corps of Engineers to provide for temporary deviations; (4) affects the application of a cost-share requirement under section 101, 102, or 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211 , 2212, 2213); (5) supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act; (6) supersedes or modifies any amendment to an existing multistate water control plan for the Colorado River Basin, if applicable; (7) affects any water right in existence on the date of enactment of this Act; (8) preempts or affects any State water law or interstate compact governing water; (9) affects existing water supply agreements between the Secretary and a non-Federal interest; or (10) affects any obligation to comply with the provisions of any Federal or State environmental law, including— (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. ). 7. Leveraging Federal infrastructure for increased water supply Section 1118(i) of Water Resources Development Act of 2016 ( 43 U.S.C. 390b–2(i) ) is amended by striking paragraph (2) and inserting the following: (2) Contributed funds for other Federal reservoir projects (A) In general The Secretary is authorized to receive and expend funds from a non-Federal interest or a Federal agency that owns a Federal reservoir project described in subparagraph (B) to formulate, review, or revise operational documents pursuant to a proposal submitted in accordance with subsection (a) for such a Federal reservoir project. (B) Federal reservoir projects described A Federal reservoir project referred to in subparagraph (A) is a reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 7 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 890, chapter 665; 33 U.S.C. 709 ). . 8. Studies for modification of project purposes in the Colorado River Basin in Arizona (a) Study The Secretary shall carry out a study of a project of the Corps of Engineers in the Colorado River Basin in the State of Arizona to determine whether to include water supply as a project purpose of that project if a request for such a study to modify the project purpose is made to the Secretary by— (1) the non-Federal interest for the project; or (2) in the case of a project for which there is no non-Federal interest, the Governor of the State of Arizona. (b) Coordination The Secretary, to the maximum extent practicable, shall coordinate with relevant State and local authorities in carrying out this section. (c) Recommendations If, after carrying out a study under subsection (a) with respect to a project described in that subsection, the Secretary determines that water supply should be included as a project purpose for that project, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a recommendation for the modification of the project purpose of that project. 9. Invasive species that exacerbate drought Section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ) is amended— (1) in subsection (a), by adding at the end the following: (4) Drought resilience A project under this section may include measures that enhance drought resilience through the restoration of wetlands or the removal of invasive species. ; (2) in subsection (b), by adding at the end the following: (3) Anadromous fish Notwithstanding paragraph (1), for projects carried out under subsection (a)(3), the non-Federal interest shall provide 15 percent of the cost of construction, including provision of all lands, easements, rights-of-way, and necessary relocations. ; (3) in subsection (d), by striking $10,000,000 and inserting $15,000,000 ; and (4) in subsection (f), by striking $62,500,000 and inserting $75,000,000 . 10. Project modifications for improvement of environment or drought resiliency Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ) is amended— (1) in the section heading, by inserting or drought resiliency after environment ; (2) in subsection (a)— (A) by striking for the purpose of improving and inserting the following: for the purpose of— (1) improving ; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (2) providing drought resiliency. ; (3) in subsection (b), by striking (2) will improve and inserting (2) will provide for drought resilience or will improve ; (4) in subsection (d), in the third sentence, by striking $10,000,000 and inserting $15,000,000 ; (5) in subsection (h), by striking $50,000,000 and inserting $62,000,000 ; and (6) by adding at the end the following: (j) Drought resilience Drought resilience measures carried out under this section may include— (1) water conservation measures to mitigate and address drought conditions; (2) removal of sediment captured behind a dam for the purpose of restoring or increasing the authorized storage capacity of the project concerned; (3) the planting of native plant species that will reduce the risk of drought and the incidence of nonnative species; and (4) other actions that increase drought resilience, water conservation, or water availability. . 11. Silver Jackets program The Secretary shall continue the Silver Jackets program established by the Secretary pursuant to section 206 of the Flood Control Act of 1960 ( 33 U.S.C. 709a ) and section 204 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5134 ).