II 118th CONGRESS 1st Session S. 2102 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Wyden (for himself and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for drought preparedness and improved water supply reliability.

1. Short title; table of contents (a) Short title This Act may be cited as the Water for Conservation and Farming Act . (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—Infrastructure development Sec. 101. Bureau of Reclamation Infrastructure Fund. Sec. 102. Watersmart extension and expansion. TITLE II—Ecosystem protection and restoration Sec. 201. Waterbird and shorebird habitat creation program. Sec. 202. Sustaining biodiversity during droughts. Sec. 203. Reauthorization of Cooperative Watershed Management Program. Sec. 204. Drought planning and preparedness for critically important fisheries. Sec. 205. Reauthorization of the Fisheries Restoration and Irrigation Mitigation Act of 2000. Sec. 206. Reauthorization of reclamation climate change and water program. Sec. 207. Reauthorization of Deschutes River Conservancy Working Group. 2. Definitions In this Act: (1) Fund The term Fund means the Bureau of Reclamation Infrastructure Fund established by section 101(a). (2) Reclamation state The term Reclamation State has the meaning given the term in section 4014 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ). (3) Secretary The term Secretary means the Secretary of the Interior. I Infrastructure development 101. Bureau of Reclamation Infrastructure Fund (a) Establishment There is established in the Treasury of the United States a fund, to be known as the Bureau of Reclamation Infrastructure Fund , consisting of— (1) such amounts as are deposited in the Fund under subsection (b)(1); and (2) any interest earned on investment of amounts in the Fund under subsection (c)(1)(B). (b) Deposits to fund (1) In general For each of fiscal years 2035 through 2065, the Secretary of the Treasury shall deposit in the Fund $300,000,000 of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), of which— (A) $100,000,000 shall be expended by the Secretary for water reclamation and reuse projects authorized under— (i) the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h et seq. ); or (ii) section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ); (B) $100,000,000 shall be expended by the Secretary for grants authorized under section 9504 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364 ); and (C) $100,000,000 shall be expended by the Secretary to perform modifications to preserve the structural safety of Bureau of Reclamation dams and related facilities to ensure that Bureau of Reclamation facilities do not present unreasonable risks to public safety, property, or the environment, if the expenditures— (i) account for not more than 85 percent of the total costs for any dam safety project; and (ii) are made in accordance with section 3 of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 507 ). (2) Availability of amounts Amounts deposited in the Fund under paragraph (1) shall— (A) be made available in accordance with this section, without further appropriation; and (B) be in addition to amounts appropriated for the purposes described in this section under any other provision of law. (c) Expenditures from fund (1) In general Subject to paragraph (2), for each of fiscal years 2035 through 2065, the Secretary may expend from the Fund, in accordance with this section, not more than an amount equal to the sum of— (A) the amounts deposited in the Fund for the applicable fiscal year under subsection (b)(1); and (B) the amount of interest accrued in the Fund for the fiscal year in which the expenditures are made. (2) Additional expenditures (A) In general The Secretary may expend more in any fiscal year than the amounts described in paragraph (1) if the additional amounts are available in the Fund as a result of a failure of the Secretary to expend all of the amounts available under paragraph (1) in 1 or more prior fiscal years. (B) Retention in accounts Any additional amounts referred to in subparagraph (A) shall— (i) accrue interest in accordance with this section; and (ii) only be expended for the purposes for which expenditures from the Fund are authorized. 102. Watersmart extension and expansion (a) Water management improvement Section 9504(a) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (F), by inserting , including through temporary, voluntary, and compensated transactions that decrease consumptive water use at a regional or watershed scale after imbalances ; and (B) in subparagraph (J), by striking clause (i) and inserting the following: (i) to increase ecological resilience to climate change by addressing climate-related impacts to, or vulnerabilities of, the water supply of the United States, including by enhancing natural water storage within a floodplain or riparian wetland; ; and (2) in paragraph (3)(B)(i), by striking subclause (II) and inserting the following: (II) to use the assistance provided under a grant or agreement to increase the consumptive use of water for agricultural operations above the pre-project levels, as determined pursuant to the law of the State in which the operation of the eligible applicant is located. . (b) Authorization of appropriations Section 9504(e) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(e) ) is amended by striking $820,000,000 and inserting $1,000,000,000 . II Ecosystem protection and restoration 201. Waterbird and shorebird habitat creation program (a) Authorization of habitat creation program (1) In general Subject to paragraphs (2) and (3), the Secretary shall establish a program under which the Secretary shall provide financial assistance to eligible agricultural producers in Reclamation States, in the form of direct payments or credits, as applicable, to compensate the eligible agricultural producers for the creation and maintenance of waterbird and shorebird habitats. (2) Limitation on amount of financial assistance Not more than a total of $3,500,000 of financial assistance may be provided for each fiscal year under paragraph (1). (3) Conditions Financial assistance shall be provided under paragraph (1) only if the Secretary determines that the activities receiving the financial assistance would— (A) create new habitat that would not otherwise be created; or (B) maintain existing habitat that would not otherwise be maintained. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary $3,500,000 to carry out this section for each of fiscal years 2024 through 2029, to remain available until expended. (c) Report Not later than October 1, 2025, and every 2 years thereafter, the Secretary shall submit to Congress a report that describes the environmental performance of activities that are receiving, or have received, financial assistance under the program established under subsection (a)(1) during the period covered by the report. 202. Sustaining biodiversity during droughts Section 9503(b) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10363(b) ) is amended— (1) in paragraph (3)(D), by inserting and native biodiversity after wildlife habitat ; and (2) in paragraph (4)(B), by inserting and drought biodiversity plans to address sustaining native biodiversity during periods of drought after restoration plans . 203. Reauthorization of Cooperative Watershed Management Program Section 6002(g) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 1015a(g) ) is amended by striking paragraph (4) and inserting the following: (4) $40,000,000 for each of fiscal years 2024 through 2031. . 204. Drought planning and preparedness for critically important fisheries (a) Definitions In this section: (1) Critically important fishery The term critically important fishery means— (A) a fishery located in a Reclamation State that is commercially, culturally, or recreationally important; (B) a fishery located in a Reclamation State that contains fish species that are listed as threatened or endangered pursuant to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) a fishery located in a Reclamation State that is used by 1 or more Indian Tribes in the Reclamation State for ceremonial subsistence or commercial purposes. (2) Indian tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Qualified tribal government The term qualified Tribal Government means any government of an Indian Tribe that the Secretary determines— (A) is involved in fishery management and recovery activities, including activities under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (B) has the management and organizational capability to maximize the benefits of assistance provided under subsection (c). (4) Secretary The term Secretary means the Secretary, acting through the Director of the United States Fish and Wildlife Service. (b) Drought plan for critically important fisheries (1) In general Not later than January 1, 2024, and every 3 years thereafter, the Secretary, in consultation with the Director of the National Marine Fisheries Service, the Commissioner of Reclamation, the Chief of Engineers, applicable State fish and wildlife agencies, and qualified Tribal Governments, shall prepare a plan to sustain the survival of critically important fisheries during future periods of extended drought through— (A) voluntary, compensated actions by private landowners and water right holders; or (B) other investments in drought preparedness made by the Secretary. (2) Considerations In preparing the plan under paragraph (1), the Secretary shall consider— (A) habitat restoration efforts designed to provide drought refugia and increased fishery resilience during droughts; (B) relocating the release location and timing of hatchery fish to avoid predation and temperature impacts; (C) barging of hatchery release fish to improve survival and reduce straying; (D) coordination with water users, the Commissioner of Reclamation, State fish and wildlife agencies, qualified Tribal Governments, and interested public water agencies regarding voluntary water transfers, including through groundwater substitution 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; (E) hatchery management modifications, such as expanding hatchery production of fish during periods of extended drought, if appropriate for a particular river basin; (F) hatchery retrofit projects, such as the installation and operation of filtration equipment and chillers, to reduce disease outbreak, egg mortality, and other impacts of droughts in high water temperatures; (G) increasing rescue operations of upstream migrating fish; (H) improving temperature modeling and related forecasted information to predict water management impacts to the habitat of critically important fisheries with a higher degree of accuracy than current models; (I) programs to reduce predation losses at artificially created predation hot spots; (J) habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts; and (K) retrofitting existing water facilities to provide improved temperature conditions for fish. (c) Public comment Before finalizing a plan under subsection (b), the Secretary shall provide for a public comment period of not less than 90 days. (d) Authorization of appropriations for fish recovery efforts There is authorized to be appropriated to the Secretary to carry out fish, stream, and hatchery activities relating to fish recovery efforts, including activities carried out in coordination with the Director of the National Marine Fisheries Service, the Commissioner of Reclamation, the Chief of Engineers, applicable State fish and wildlife agencies, or a qualified Tribal Government, $25,000,000 for fiscal year 2024. (e) Effect Nothing in this section affects any obligation under any Federal environmental law. 205. Reauthorization of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (a) Definition of pacific drainage area Section 2(1) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 ( 16 U.S.C. 777 note; Public Law 106–502 ) is amended by inserting or a terminal lake before the period at the end. (b) Authorization of appropriations Section 10(a) of the Fisheries Restoration and Irrigation 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 for each of fiscal years 2024 through 2029 . 206. Reauthorization of reclamation climate change and water program Section 9503(f) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10363(f) ) is amended by striking 2023 and inserting 2033 . 207. Reauthorization of Deschutes River Conservancy Working Group (a) Definition of working group Section 301(a) of the Oregon Resource Conservation Act of 1996 ( Public Law 104–208 ; 110 Stat. 3009–534; 122 Stat. 836) is amended by striking paragraph (1) and inserting the following: (1) Working Group The term Working Group means the Deschutes River Conservancy Working Group composed of a board of directors of not fewer than 10, but not more than 15, members nominated by the group represented by the member, of whom— (A) 2 members shall be representatives of the environmental community in the Deschutes River Basin; (B) 2 members shall be representatives of the irrigated agriculture community in the Deschutes River Basin; (C) 2 members shall be representatives of the Confederated Tribes of the Warm Springs Reservation of Oregon; (D) 1 member shall be a representative of the hydroelectric production community in the Deschutes River Basin; (E) 1 member shall be a representative of 1 of the Federal agencies with authority and responsibility in the Deschutes River Basin; (F) 1 member shall be a representative of an agency of the State of Oregon with authority and responsibility in the Deschutes River Basin, such as— (i) the Oregon Department of Fish and Wildlife; or (ii) the Oregon Water Resources Department; and (G) 1 member shall be a representative of a unit of local government in the Deschutes River Basin. . (b) Reauthorization; administrative costs Section 301 of the Oregon Resource Conservation Act of 1996 ( Public Law 104–208 ; 110 Stat. 3009–534; 122 Stat. 836) is amended— (1) in subsection (b)— (A) in paragraph (3), by striking 2016 and inserting 2032 ; and (B) in paragraph (6), by striking 5 percent and inserting 10 percent ; and (2) in subsection (h), by striking 2016 and inserting 2032 .