II 118th CONGRESS 2d Session S. 5014 IN THE SENATE OF THE UNITED STATES September 10, 2024 Mr. Hickenlooper (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the establishment of a Water Project Navigators Program, and for other purposes.

1. Short title This Act may be cited as the Water Project Navigators Act . 2. Definitions In this Act: (1) Disadvantaged community Except as otherwise defined by the Secretary of the Interior (acting through the Commissioner of Reclamation) based on current methodologies, the term disadvantaged community means a community (including a city, town, county, or reasonably isolated and divisible segment of a larger municipality) with an annual median income that is less than the statewide annual median income for the State in which the community is located, according to the most recent decennial census. (2) Eligible entity The term eligible entity means— (A) a State, Indian Tribe, acequia, land grant-merced, local government, water supplier, or municipal water district located in an eligible State; (B) any State, regional, or local authority located in an eligible State, the members of which include 1 or more organizations with water or power delivery authority; (C) a nonprofit conservation organization located in an eligible State; (D) an agency located in an eligible State that is established under State or Tribal law for the joint exercise of powers; or (E) a combination of entities described in subparagraphs (A) through (D). (3) Eligible state The term eligible State means— (A) a State or territory described in the first section of the Act of June 17, 1902 ( 43 U.S.C. 391 ; 32 Stat. 388, chapter 1093); (B) the State of Alaska; (C) the State of Hawaii; and (D) the Commonwealth of Puerto Rico. (4) 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 ). (5) Multi-benefit water project The term multi-benefit water project means any project in an eligible State that— (A) enhances the overall resilience of water supplies to climate-related impacts, including through activities— (i) to increase water use efficiency; (ii) to reduce consumptive use of water; (iii) to promote system conservation; (iv) to reduce water supply-demand imbalances; (v) to promote water recycling and other advanced water treatments to augment water supplies; (vi) to improve management or delivery of water resources; or (vii) to encourage sustainable surface water or groundwater management; and (B) provides benefits to communities and ecosystems, including through activities— (i) to conserve or enhance fish and wildlife habitat; (ii) to improve water quality; (iii) to improve watershed health and function; (iv) to enhance recreational opportunities; (v) to promote rural economic development; or (vi) to address risks to communities and infrastructure from climate change. (6) Natural feature The term natural feature means a feature that is created through the action of physical, geological, biological, and chemical processes over time. (7) Nature-based feature The term nature-based feature means a feature that is created by human design, engineering, and construction to provide a means to reduce water supply and demand imbalances or drought or flood risk by acting in concert with natural processes. (8) Program The term Program means the Water Project Navigators Program established under section 3(a). 3. Water project navigators program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior (acting through the Commissioner of Reclamation) (referred to in this Act as the Secretary ) shall establish a program to support the development and implementation of multi-benefit water projects within eligible States, to be known as the Water Project Navigators Program . (b) Authority In carrying out the Program, the Secretary may award grants or cooperative agreements to eligible entities to support the creation or continuation of multi-benefit water project navigator positions. (c) Criteria and guidelines (1) In general The Secretary shall develop criteria and guidelines for awarding grants and cooperative agreements under the Program that consider— (A) the potential of the eligible entity to accelerate development and implementation of multi-benefit water projects within— (i) the jurisdiction or service area of the eligible entity; or (ii) in the case of an eligible entity that is a nongovernmental applicant, an area in which the eligible entity has a demonstrated history of productive engagement with the community and stakeholders; (B) any history of development of multi-benefit water projects by the eligible entity; and (C) any potential multi-benefit water projects the eligible entity has not yet implemented due to lack of capacity. (2) Prioritization The criteria and guidelines developed under paragraph (1) shall include prioritization criteria for awarding grants or cooperative agreements, which shall include prioritizing applications from eligible entities— (A) that would provide benefits for Indian Tribes, disadvantaged communities, and other eligible entities with limited project development resources and capacity; (B) that would provide support for local job creation and retention; (C) with a demonstrated intent and ability to incorporate improvements to the condition of a natural feature or nature-based feature in multi-benefit water projects designed under the Program; (D) with demonstrated support from multiple stakeholders, including Indian Tribes, representatives of irrigated agricultural production, hydroelectric production, municipal and industrial water users, local governments, community-based organizations, and nonprofit conservation organizations; (E) that would provide benefits for areas experiencing severe long-term drought; and (F) with the capability to work in coordination with other projects that have been funded under, or help advance the objectives of, other Department of Interior programs, including a program authorized under— (i) section 9504 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364 ); (ii) section 6002 of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 1015a ); (iii) section 1109 of the Consolidated Appropriations Act, 2021 ( 33 U.S.C. 2330c ); (iv) title IX of division D of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3201 et seq. ); or (v) section 50233 of Public Law 117–169 (commonly known as the Inflation Reduction Act of 2022 ) (136 Stat. 2053). (3) Public comment Before finalizing the criteria and guidelines developed under paragraph (1), the Secretary shall make the criteria and guidelines available for public comment. (4) Prohibition The Secretary may not award a grant or cooperative agreement under the Program that would fund activities to meet existing environmental mitigation or compliance obligations under Federal or State law. (d) Duties of navigators A multi-benefit water project navigator funded under the Program shall assist the eligible entity in planning, developing, and implementing multi-benefit water projects, including— (1) grant writing; (2) project management; (3) technical assistance, such as feasibility, design, preliminary environmental review, and engineering; and (4) any other necessary activities. (e) Duration of grants and cooperative agreements (1) Limitation Subject to paragraph (2), a grant or cooperative agreement under the Program shall be limited to a period of not more than 3 years. (2) Continuation and extension At the discretion of the Secretary, the Secretary may issue a continuation grant or extend a cooperative agreement awarded under the Program for not more than 2 additional years, with additional funding to be awarded, as determined to be appropriate by the Secretary, if the recipient of the grant or cooperative agreement has demonstrated satisfactory performance with implementation of the proposal under the initial grant or cooperative agreement, as determined by the Secretary. (f) Continuous enrollment The Secretary shall— (1) make funding opportunities for the Program available on a regular basis; and (2) allow applications for grants or cooperative agreements under the Program to be submitted and evaluated multiple times per year. (g) Cost share (1) In general Except as provided in paragraph (3), the Federal share of the cost of any activity awarded a grant or cooperative agreement under the Program shall not exceed 75 percent of the cost of the activity carried out under the grant or cooperative agreement. (2) Form of non-federal cost share The non-Federal share of the cost of an activity awarded a grant or cooperative agreement under the Program may be in the form of cash or in-kind contributions. (3) Reduction; waiver With respect to a grant or cooperative agreement awarded to an Indian Tribe, acequia, land grant-merced, disadvantaged community, or any other eligible entity working in partnership with or on behalf of those entities, the Secretary may reduce or waive the non-Federal share of the cost of any activity that is the subject of the grant or cooperative agreement if the reduction or waiver would further a compelling Federal interest, as determined by the Secretary. (h) Coordination In administering the Program, the Secretary shall coordinate with other Federal, Tribal, State, and local government technical assistance programs to enhance multi-benefit water project development. (i) Compliance A multi-benefit water project navigator funded under the Program shall comply with all applicable Federal and State laws in carrying out the duties of the multi-benefit water project navigator under the Program. (j) Report to congress Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the ways in which the Program assists the Secretary in— (A) reducing basin-wide water supply-demand imbalances; and (B) enhancing drought and ecosystem resilience; and (2) the benefits that the Program provides, including, to the maximum extent practicable, a quantitative analysis of the multiple benefits advanced under the Program. 4. Authorization of appropriations There is authorized to be appropriated to carry out this Act $15,000,000 for each of fiscal years 2024 through 2029, to remain available until expended.