II 118th CONGRESS 2d Session S. 4172 IN THE SENATE OF THE UNITED STATES April 18, 2024 Mr. Kelly (for himself, Mr. Padilla , Ms. Sinema , Mr. Heinrich , and Ms. Rosen ) 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. 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 authorized 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 features; (2) releases to augment water supply at another facility; (3) modifications to existing Corps of Engineers facilities (including the addition of new project features and the use of nonstructural, natural features or nature-based features) to enhance stormwater retention, 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 expend 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 Secretary 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 applicable— (A) State water laws; (B) Federal laws and policies; and (C) interstate water compacts. 4. Emergency drought operations (a) Definition of covered project In this section, the term covered project means any of the following: (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 Flood Control Act of 1944 ) (58 Stat. 890, chapter 665; 33 U.S.C. 709 ). (b) Emergency operation during drought (1) In general Consistent with other authorized project purposes, with respect to the operation of a covered project during a drought or long-term drought conditions in the project area, the covered project shall be operated with water supply and water conservation as the primary project purposes. (2) Coordination The operation of a covered project in accordance with paragraph (1) shall be carried out in coordination with the applicable non-Federal interest or Federal agency, to the extent practicable. (c) Updates In carrying out this section, the Secretary, in consultation with the applicable non-Federal interest or Federal agency, to the extent practicable, shall 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) are not being carried out in the event of a forecast or anticipated flood or weather event that would require the flood risk management 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 expend 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 and relevant Federal agencies 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 (4) 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. ). (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 Infrastructure Act of 2024 . . 5. Drought resilience (a) In general The Secretary may carry out a drought resilience project if the Secretary determines that the project— (1) will provide for drought resilience, including— (A) water conservation measures to mitigate and address drought conditions; (B) the management of sediment for increased water in the system; (C) the mitigation and monitoring associated 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 resilience, including the use of nonstructural, natural 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 interests (A) In general The non-Federal interest for a project under this section shall provide all land, easements, rights-of-way, and relocations necessary for the project. (B) Credit The value of the land, easements, 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 construction required under this section; and (2) 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect 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 support comprehensive, system-wide approaches and operations, maintenance, and replacement and rehabilitation that take into account changing conditions from extreme and prolonged weather events. (f) Funding There is authorized to be appropriated to carry out this section $35,000,000 for each fiscal 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 following: (L) Section 5 of the Drought Resilient Infrastructure Act of 2024 . . (2) Section 7001(c)(1)(D)(iii) of the Water Resources 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; (B) in subclause (IX), by striking the period 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 . . 6. Leveraging Federal infrastructure for increased water supply Section 1118(i)(2) of the Water Resources Development 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 infrastructure modifications required to implement the revised operational documents after documents . 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. (6) Utah. (7) Wyoming. (b) Modifications Each project of the Corps of Engineers in a Colorado River Basin State shall be modified to include water supply as a project purpose if a request 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 applicable 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. 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 operations in the South Pacific Division of the Corps of Engineers— (1) with the goal of providing for drought resilience; and (2) for further development and application of the forecast-informed reservoir operations screening process developed by the Corps of Engineers to assess the suitability of performing a full forecast-informed reservoir operations (commonly known as FIRO ) viability assessment and prioritizing 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 Infrastructure Act of 2024 ). . 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 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 amended— (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 Secretary 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 interest managing land adjacent to the water resources project being modified under this section if the Secretary determines the assistance to be necessary in order to extend the benefit or enable success of the modification. . 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 following: (f) Silver Jackets program There is authorized 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 Assistance Act ( 42 U.S.C. 5134 ). . 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 Resources 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 (B) by striking subparagraph (B) and inserting the following: (B) Other costs The costs of design and construction of a project described in subparagraph (A) shall be assigned to the appropriate 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, easements, 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 (iii) in the case of a flood risk management 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 percent and inserting 10 percent .