Water in the 21st Century Act or W21 - Establishes within the Environmental Protection Agency (EPA) a WaterSense program to identify and promote water efficient products, buildings, landscapes, facilities, processes, and services.
Requires the EPA to identify other voluntary approaches to encourage recycling and reuse technologies to improve water efficiency or lower water use and to implement those approaches, if appropriate.
Establishes a State Residential Water Efficiency and Conservation Incentives Program to provide financial incentives for consumers to purchase and install products, buildings, landscapes, facilities, processes, and services labeled under the WaterSense program.
Requires the EPA to make grants to owners or operators of water systems to address, mitigate, and adapt to any ongoing or forecasted impact of climate change on a region's water quality or quantity.
Authorizes the Department of the Interior to provide financial assistance for water recycling, water infrastructure, enhanced energy efficiency in water systems, desalination projects, permanent water storage, and integrated water management in specified states.
Authorizes the transfer of title to nonfederal entities of reclamation projects in need of rehabilitation that are authorized before enactment of this Act under certain conditions.
Requires the U.S. Geological Survey (USGS) to establish an open water data system.
Reauthorizes the Water Resources Research Act of 1984 and the Water Desalination Act of 1996 through FY2020.
Requires the U.S. Army Corps of Engineers, after receiving a request from a nonfederal sponsor, to review the operation of a reservoir and update the water control manual to incorporate improved weather and runoff forecasting methods, if appropriate.
Directs the EPA to develop voluntary national drought resilience guidelines relating to preparedness planning and investments for water users and providers.
Requires the U.S. Fish and Wildlife Service to prepare a salmon drought plan for California.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2771 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2771
To establish a WaterSense program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2014
Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To establish a WaterSense program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water in the 21st
Century Act'' or ``W21''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Administrator.
TITLE I--CONSERVATION AND EFFICIENCY
Sec. 101. Water efficiency, conservation, and adaptation.
TITLE II--RECYCLING, STORAGE, AND INTEGRATED WATER MANAGEMENT
Sec. 201. Definitions.
Subtitle A--Innovative Financing
Sec. 211. Purposes.
Sec. 212. Authority to provide assistance.
Sec. 213. Applications.
Sec. 214. Eligibility for assistance.
Sec. 215. Determination of eligibility and project selection.
Sec. 216. Secured loans.
Sec. 217. Program administration.
Sec. 218. State and local permits.
Sec. 219. Regulations.
Sec. 220. Funding.
Sec. 221. Report to Congress.
Subtitle B--Integrated Regional Water Management, Reclamation, and
Recycling Projects
Sec. 231. Water storage projects.
Sec. 232. Authorization of appropriations.
Subtitle C--Title Transfers
Sec. 241. Authorization to transfer title.
TITLE III--INNOVATION THROUGH RESEARCH, DATA, AND TECHNOLOGY
Sec. 301. Open water data system.
Sec. 302. Water Resources Research Act amendments.
Sec. 303. Reauthorization of Water Desalination Act of 1996.
Sec. 304. Review of reservoir operations.
TITLE IV--DROUGHT PREPAREDNESS AND RESILIENCE
Sec. 401. National drought resilience guidelines.
Sec. 402. Drought preparedness for fisheries.
SEC. 2. DEFINITION OF ADMINISTRATOR.
In this Act, the term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
TITLE I--CONSERVATION AND EFFICIENCY
SEC. 101. WATER EFFICIENCY, CONSERVATION, AND ADAPTATION.
(a) WaterSense.--
(1) In general.--There is established within the
Environmental Protection Agency a WaterSense program to
identify and promote water efficient products, buildings,
landscapes, facilities, processes, and services so as--
(A) to reduce water use;
(B) to reduce the strain on water, wastewater, and
stormwater infrastructure;
(C) to conserve energy used to pump, heat,
transport, and treat water; and
(D) to preserve water resources for future
generations, through voluntary labeling of, or other
forms of communications about, products, buildings,
landscapes, facilities, processes, and services that
meet the highest water efficiency and performance
criteria.
(2) Duties.--The Administrator shall--
(A) establish--
(i) a WaterSense label to be used for
certain items; and
(ii) the procedure by which an item may be
certified to display the WaterSense label;
(B) promote WaterSense-labeled products, buildings,
landscapes, facilities, processes, and services in the
marketplace as the preferred technologies and services
for--
(i) reducing water use; and
(ii) ensuring product and service
performance;
(C) work to enhance public awareness of the
WaterSense label through public outreach, education,
and other means;
(D) preserve the integrity of the WaterSense label
by--
(i) establishing and maintaining
performance criteria so that products,
buildings, landscapes, facilities, processes,
and services labeled with the WaterSense label
perform as well or better than less water-
efficient counterparts;
(ii) overseeing WaterSense certifications
made by third parties;
(iii) conducting reviews of the use of the
WaterSense label in the marketplace and taking
corrective action in any case in which misuse
of the label is identified; and
(iv) carrying out such other measures as
the Administrator determines to be appropriate;
(E) regularly review and, if appropriate, update
WaterSense criteria for categories of products,
buildings, landscapes, facilities, processes, and
services, at least once every 6 years;
(F) to the maximum extent practicable, regularly
estimate and make available to the public the
production and relative market shares of, and the
savings of water, energy, and capital costs of water,
wastewater, and stormwater infrastructure attributable
to the use of WaterSense-labeled products, buildings,
landscapes, facilities, processes, and services, at
least annually;
(G) solicit comments from interested parties and
the public prior to establishing or revising a
WaterSense category, specification, installation
criterion, or other criterion;
(H) provide reasonable notice to interested parties
and the public of any changes (including effective
dates), on the adoption of a new or revised category,
specification, installation criterion, or other
criterion, along with--
(i) an explanation of the changes; and
(ii) as appropriate, responses to comments
submitted by interested parties and the public;
(I) provide appropriate lead time (as determined by
the Administrator) prior to the applicable effective
date for a new or significant revision to a category,
specification, installation criterion, or other
criterion, taking into account the timing requirements
of the manufacturing, marketing, training, and
distribution process for the specific product, building
and landscape, or service category addressed;
(J) identify and, if appropriate, implement other
voluntary approaches in commercial, institutional,
residential, industrial, and municipal sectors to
encourage recycling and reuse technologies to improve
water efficiency or lower water use; and
(K) if appropriate, authorize the WaterSense label
for use on products that are labeled by the Energy Star
program implemented by the Administrator and the
Secretary of Energy.
(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section--
(A) $5,000,000 for fiscal year 2015;
(B) $10,000,000 for fiscal year 2016;
(C) $15,000,000 for fiscal year 2017;
(D) $20,000,000 for fiscal year 2018; and
(E) for each subsequent fiscal year, the applicable
amount for the preceding fiscal year, as adjusted to
reflect changes for the 12-month period ending the
preceding November 30 in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
(b) State Residential Water Efficiency and Conservation Incentives
Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity''
means a State government, local or county government,
tribal government, wastewater or sewerage utility,
municipal water authority, energy utility, water
utility, or nonprofit organization that meets the
requirements of paragraph (2).
(B) Incentive program.--The term ``incentive
program'' means a program for administering financial
incentives for consumer purchase and installation of
water-efficient products, buildings (including new
water-efficient homes), landscapes, processes, or
services described in paragraph (2)(A).
(C) Residential water-efficient product, building,
landscape, process, or service.--
(i) In general.--The term ``residential
water-efficient product, building, landscape,
process, or service'' means a product,
building, landscape, process, or service for a
residence or its landscape that is rated for
water efficiency and performance--
(I) by the WaterSense program; or
(II) if a WaterSense specification
does not exist, by the Energy Star
program or an incentive program
approved by the Administrator.
(ii) Inclusions.--The term ``residential
water-efficient product, building, landscape,
process, or service'' includes--
(I) faucets;
(II) irrigation technologies and
services;
(III) point-of-use water treatment
devices;
(IV) reuse and recycling
technologies;
(V) toilets;
(VI) clothes washers;
(VII) dishwashers;
(VIII) showerheads;
(IX) xeriscaping and other
landscape conversions that replace
irrigated turf;
(X) new water efficient homes
certified under the WaterSense program;
(XI) green stormwater installations
such as permeable pavement, rain
gardens, rain barrels, and green roofs;
(XII) composting solutions
complementary to water use and water
quality; and
(XIII) other water-efficient
products, services, processes, or
behavioral water efficiency solutions
that address the objectives of the
WaterSense program.
(D) Watersense program.--The term ``WaterSense
program'' means the program established by subsection
(a).
(2) Eligible entities.--An entity shall be eligible to
receive an allocation under paragraph (3) if the entity--
(A) establishes (or has established) an incentive
program to provide financial incentives to residential
consumers for the purchase of residential water-
efficient products, buildings, landscapes, processes,
or services;
(B) submits an application for the allocation at
such time, in such form, and containing such
information as the Administrator may require; and
(C) provides assurances satisfactory to the
Administrator that the entity will use the allocation
to supplement, but not supplant, non-Federal funds made
available to carry out the incentive program.
(3) Amount of allocations.--For each fiscal year, the
Administrator shall determine the amount to allocate to each
eligible entity to carry out paragraph (4), taking into
consideration--
(A) the population served by the eligible entity
during the most recent calendar year for which data are
available;
(B) the targeted population of the incentive
program of the eligible entity, such as general
households, low-income households, or first-time
homeowners, and the probable effectiveness of the
incentive program for that population;
(C) for existing programs, the effectiveness of the
program in encouraging the adoption of water-efficient
products, buildings, landscapes, facilities, processes,
and services;
(D) any allocation to the eligible entity for a
preceding fiscal year that remains unused; and
(E) the per capita water demand of the population
served by the eligible entity during the most recent
calendar year for which data are available and the
availability or reliability of water supplies to the
eligible entity.
(4) Use of allocated funds.--Funds allocated to an eligible
entity under paragraph (3) may be used to pay up to 50 percent
of the cost of establishing and carrying out an incentive
program.
(5) Issuance of incentives.--
(A) In general.--Financial incentives may be
provided to residential consumers that meet the
requirements of the applicable incentive program.
(B) Manner of issuance.--An eligible entity may--
(i) issue all financial incentives directly
to residential consumers; or
(ii) with approval of the Administrator,
delegate all or part of financial incentive
administration to other organizations,
including local governments, municipal water
authorities, water utilities, and nonprofit
organizations.
(C) Amount.--The amount of a financial incentive
shall be determined by the eligible entity, taking into
consideration--
(i) the amount of any Federal or State tax
incentive available for the purchase of the
residential water-efficient product or service;
(ii) the amount necessary to change
consumer behavior to purchase water-efficient
products and services; and
(iii) the consumer expenditures for onsite
preparation, assembly, and original
installation of the product.
(6) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator to carry out this
subsection--
(A) $100,000,000 for fiscal year 2015;
(B) $150,000,000 for fiscal year 2016;
(C) $200,000,000 for fiscal year 2017;
(D) $150,000,000 for fiscal year 2018;
(E) $100,000,000 for fiscal year 2019; and
(F) for each subsequent fiscal year, the applicable
amount for the preceding fiscal year, as adjusted to
reflect changes for the 12-month period ending the
preceding November 30 in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
(c) Water System Mitigation and Adaptation Grants.--
(1) Definitions.--In this subsection:
(A) Owner or operator.--
(i) In general.--The term ``owner or
operator'' means a person (including a
regional, State, local, municipal, or private
entity) that owns or operates a water system.
(ii) Inclusion.--The term ``owner or
operator'' includes a non-Federal entity that
has operational responsibilities for a
federally owned water system.
(B) Water system.--The term ``water system''
means--
(i) a community water system (as defined in
section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f));
(ii) a publicly owned treatment works (as
defined in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292)),
including a municipal separate storm sewer
system;
(iii) a decentralized wastewater treatment
system for domestic sewage;
(iv) a groundwater storage and
replenishment system; or
(v) a system for transport and delivery of
water for irrigation or conservation.
(2) Grants.--Beginning in fiscal year 2015, the
Administrator shall make grants to owners or operators of water
systems to address any ongoing or forecasted (based on the best
available research and data) climate-related impact on the
water quality or quantity of a region of the United States, for
the purposes of mitigating or adapting to the impacts of
climate change.
(3) Eligible uses.--In carrying out this subsection, the
Administrator shall make grants to assist in the planning,
design, construction, implementation, or maintenance of any
program or project to increase the resilience of a water system
to climate change by--
(A) conserving water or enhancing water use
efficiency, including through the use of water metering
to measure the effectiveness of a water efficiency
program;
(B) modifying or relocating existing water system
infrastructure made or projected to be made inoperable
by climate change impacts;
(C) preserving or improving water quality,
including through measures to manage, reduce, treat, or
reuse municipal stormwater, wastewater, or drinking
water;
(D) investigating, designing, or constructing
groundwater remediation, recycled water, or
desalination facilities or systems;
(E) enhancing water management by increasing
watershed preservation and protection, such as through
the use of natural or engineered green infrastructure
in the management, conveyance, or treatment of water,
wastewater, or stormwater;
(F) enhancing energy efficiency or the use and
generation of renewable energy in the management,
conveyance, or treatment of water, wastewater, or
stormwater;
(G) supporting the adoption and use of advanced
water treatment, water supply management (such as
reservoir reoperation), or water demand management
technologies, projects, or processes (such as water
reuse and recycling or adaptive conservation pricing)
that maintain or increase water supply or improve water
quality;
(H) modifying or replacing existing systems or
constructing new systems for existing communities or
land currently in agricultural production to improve
water availability, storage, or conveyance in a manner
that--
(i) promotes more efficient use of
available water supplies; and
(ii) does not further exacerbate stresses
on ecosystems;
(I) supporting practices and projects, such as
improved irrigation systems, water banking and other
forms of water transactions, groundwater recharge,
stormwater capture, and reuse or recycling of drainage
water, to improve water quality or promote more
efficient water use, including on land currently in
agricultural production;
(J) conducting and completing studies or
assessments to project how climate change may impact
the future operations and sustainability of water
systems;
(K) developing and implementing mitigation measures
to rapidly address impacts on water systems most
susceptible to abrupt climate change, including those
in the Colorado River Basin and coastal regions at risk
from rising sea levels; or
(L) funding of transactions costs and credit
enhancement for pay-for-performance-based public-
private initiatives intended to advance the eligible
uses of the program or project.
(4) Application.--To be eligible to receive a grant from
the Administrator under paragraph (2), the owner or operator of
a water system shall submit to the Administrator an application
that--
(A) includes a proposal of the program, strategy,
or infrastructure improvement to be planned, designed,
constructed, implemented, or maintained by the water
system;
(B) cites the best available research or data that
demonstrates--
(i) the risk to the water resources or
infrastructure of the water system as a result
of ongoing or forecasted changes to the
hydrological system brought about by factors
arising from climate change, including rising
sea levels and changes in precipitation levels;
and
(ii) how the proposed program, strategy, or
infrastructure improvement would perform under
the anticipated climate conditions;
(C) explains how the proposed program, strategy, or
infrastructure improvement is expected to enhance the
resiliency of the water system, including source water
protection for community water systems, to these risks
or reduce the direct or indirect greenhouse gas
emissions of the water system; and
(D) demonstrates that the program, strategy, or
infrastructure improvement is--
(i) consistent with any approved State and
tribal climate adaptation plan; and
(ii) not inconsistent with any approved
natural resources plan.
(5) Competitive process.--
(A) In general.--Each calendar year, the
Administrator shall conduct a competitive process to
select and fund applications under this subsection.
(B) Priority requirements and weighting.--In
carrying out the process, the Administrator shall--
(i) prioritize funding of applications that
are submitted by the owners or operators of
water systems that are, based on the best
available research and data, at the greatest
and most immediate risk of facing significant
climate-related negative impacts on water
quality or quantity;
(ii) in selecting among the priority
applications determined under clause (i),
ensure that the final list of applications
funded for each year includes a substantial
number that, to the maximum extent practicable,
includes each eligible use described in
paragraph (3);
(iii) solicit applications from water
systems that are--
(I) located in all regions of the
United States; and
(II) facing varying risks as a
result of climate change; and
(iv) provide for solicitation and
consideration of public input in the
development of criteria used in evaluating
applications.
(6) Cost sharing.--
(A) Federal share.--The Federal share of the cost
of any program, strategy, or infrastructure improvement
that is the subject of a grant awarded by the
Administrator to a water system under paragraph (2)
shall not exceed 50 percent of the cost of the program,
strategy, and infrastructure improvement.
(B) Calculation of non-federal share.--In
calculating the non-Federal share of the cost of a
program, strategy, or infrastructure improvement
proposed by a water system through an application
submitted by the water system under paragraph (4), the
Administrator shall--
(i) include the value of any in-kind
services that are integral to the completion of
the program, strategy, or infrastructure
improvement, as determined by the
Administrator; and
(ii) not include any other amount that the
water system receives from a Federal agency.
(7) Labor standards.--
(A) In general.--All laborers and mechanics
employed on infrastructure improvements funded directly
by or assisted in whole or in part by this subsection
shall be paid wages at rates not less than those
prevailing for the same type of work on similar
construction in the immediate locality, as determined
by the Secretary of Labor in accordance with subchapter
IV of chapter 31 of part A of subtitle II of title 40,
United States Code.
(B) Authority and functions.--With respect to the
labor standards in this paragraph, the Secretary of
Labor shall have the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (64 Stat.
1267; 5 U.S.C. App.) and section 3145 of title 40,
United States Code.
(8) Local hiring.--
(A) In general.--The recipient of assistance may
advertise and award a contract for construction
containing requirements for the employment of
individuals residing in or adjacent to any of the areas
in which the work is to be performed under the
contract, if--
(i) all or part of the construction work
performed under the contract occurs in an area
that has--
(I) a per capita income of 80
percent or less of the national average
per capita income; or
(II) an unemployment rate that is,
for the most recent 24-month period for
which data are available, at least 1
percent greater than the national
average unemployment rate;
(ii) the estimated cost of the project of
which the contract is a part is greater than
$1,000,000; and
(iii) the recipient does not hire
individuals who do not have the necessary
skills to perform work in the applicable craft
or trade, except for individuals who are
subject to an apprenticeship program or other
training program meeting, as determined by the
Secretary.
(B) Advertisement.--In advertising and awarding a
contract under this subsection, the Secretary or
recipient of assistance shall ensure that the
requirements contained in the advertisement would not--
(i) compromise the quality of the project;
(ii) unreasonably delay the completion of
the project; or
(iii) unreasonably increase the cost of the
project.
(9) Efficient, integrated procurement for programs jointly
funded with the department of housing and urban development.--
(A) Definition of eligible project.--In this
paragraph, the term ``eligible project'' means a
project for which the amount of funding provided by the
Department of Housing and Urban Development is 10
percent or more of the amount of funding provided under
this subsection.
(B) Preferences.--Notwithstanding the competitive
bidding requirements of this section (including
regulations), in the case of an eligible project funded
jointly with funding provided by the Department of
Housing and Urban Development that is covered by
section 3 of the Housing and Urban Development Act of
1968 (82 Stat. 846; 12 U.S.C. 1701u), a contracting
agency may apply the preferences required for the
funding by the Department of Housing and Urban
Development under section 3 of that Act (including
regulations) with respect to the funding, to the
elements of the project funded in any part under this
subsection.
(C) Permissible restrictions.--A State or local law
governing contracting practices that prohibits the
awarding of contracts to businesses that have solicited
or made contributions to political candidates,
political parties, and holders of public office shall
not be considered a violation of this section.
(10) Regulations.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
promulgate final regulations to carry out this
subsection.
(B) Special rule for the construction of treatment
works.--In carrying out this paragraph, the
Administrator shall incorporate all relevant and
appropriate requirements of title VI of the Federal
Water Pollution Control Act (33 U.S.C. 1381 et seq.)
applicable to the construction of treatment works that
are carried out under this subsection.
(11) Report to congress.--Not later than 3 years after the
date of enactment of this Act, and every 3 years thereafter,
the Administrator shall submit to Congress a report on progress
in implementing this subsection, including information on
project applications received and funded annually.
(12) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection such sums as
are necessary.
TITLE II--RECYCLING, STORAGE, AND INTEGRATED WATER MANAGEMENT
SEC. 201. DEFINITIONS.
In this title:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a corporation;
(B) a partnership;
(C) a joint venture;
(D) a trust;
(E) a Federal, State, or local governmental entity,
agency, or instrumentality; and
(F) a conservancy district, irrigation district,
canal company, mutual water company, water users'
association, Indian tribe, agency created by interstate
compact, or any other entity that has the capacity to
contract with the United States under Federal
reclamation law.
(2) Federal credit instrument.--The term ``Federal credit
instrument'' means a secured loan, loan guarantee, or other
credit enhancement authorized to be made available under this
title with respect to a project.
(3) Investment-grade rating.--The term ``investment-grade
rating'' means a rating of BBB minus, Baa3, bbb minus, BBB
(low), or higher as assigned by a rating agency to project
obligations.
(4) Lender.--
(A) In general.--The term ``lender'' means any non-
Federal qualified institutional buyer (as defined in
section 230.144A(a) of title 17, Code of Federal
Regulations (or a successor regulation) (commonly known
as ``Rule 144A(a) of the Securities and Exchange
Commission'' and issued under the Securities Act of
1933 (15 U.S.C. 77a et seq.))).
(B) Inclusions.--The term ``lender'' includes--
(i) a qualified retirement plan (as defined
in section 4974 of the Internal Revenue Code of
1986) that is a qualified institutional buyer;
and
(ii) a governmental plan (as defined in
section 414 of the Internal Revenue Code of
1986) that is a qualified institutional buyer.
(5) Loan guarantee.--The term ``loan guarantee'' means any
guarantee or other pledge by the Secretary to pay all or part
of the principal of, and interest on, a loan or other debt
obligation issued by an obligor and funded by a lender.
(6) Obligor.--The term ``obligor'' means an eligible entity
that is primarily liable for payment of the principal of, or
interest on, a Federal credit instrument.
(7) Project obligation.--
(A) In general.--The term ``project obligation''
means any note, bond, debenture, or other debt
obligation issued by an obligor in connection with the
financing of a project.
(B) Exclusion.--The term ``project obligation''
does not include a Federal credit instrument.
(8) Rating agency.--The term ``rating agency'' means a
credit rating agency registered with the Securities and
Exchange Commission as a nationally recognized statistical
rating organization (as defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).
(9) Reclamation state.--The term ``Reclamation State''
means any of the States of--
(A) Arizona;
(B) California;
(C) Colorado;
(D) Idaho;
(E) Kansas;
(F) Montana;
(G) Nebraska;
(H) Nevada;
(I) New Mexico;
(J) North Dakota;
(K) Oklahoma;
(L) Oregon;
(M) South Dakota;
(N) Texas;
(O) Utah;
(P) Washington; and
(Q) Wyoming.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) Secured loan.--The term ``secured loan'' means a
direct loan or other debt obligation issued by an obligor and
funded by the Secretary in connection with the financing of a
project under subtitle A.
(12) Subsidy amount.--The term ``subsidy amount'' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument, as calculated on a net present value basis,
excluding administrative costs and any incidental effects on
Governmental receipts or outlays in accordance with the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(13) Substantial completion.--The term ``substantial
completion'', with respect to a project, means the earliest
date on which a project is considered to perform the functions
for which the project is designed.
Subtitle A--Innovative Financing
SEC. 211. PURPOSES.
The purposes of this subtitle are--
(1) to promote increased development of critical water
resources infrastructure by establishing additional
opportunities for financing water resources projects;
(2) to attract new investment capital to infrastructure
projects that are capable of generating revenue streams through
user fees or other dedicated funding sources;
(3) to complement existing Federal funding sources and
address budgetary constraints on Bureau of Reclamation
programs; and
(4) to leverage private investment in water resources
infrastructure.
SEC. 212. AUTHORITY TO PROVIDE ASSISTANCE.
(a) In General.--The Secretary may provide financial assistance
under this subtitle to carry out projects within--
(1) any Reclamation State;
(2) any other State in which the Bureau of Reclamation is
authorized to provide project assistance; and
(3) the States of Alaska and Hawaii.
(b) Selection.--In selecting projects to receive financial
assistance under subsection (a), the Secretary shall ensure diversity
with respect to--
(1) project types; and
(2) geographical locations.
SEC. 213. APPLICATIONS.
To be eligible to receive assistance under this subtitle, an
eligible entity shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require.
SEC. 214. ELIGIBILITY FOR ASSISTANCE.
(a) Eligible Projects.--The following projects may be carried out
using assistance made available under this subtitle:
(1) A project for the reclamation and reuse of municipal,
industrial, domestic, and agricultural wastewater, and
naturally impaired ground and surface waters, which the
Secretary, acting through the Commissioner of Reclamation, is
authorized to undertake.
(2) Any water infrastructure project not specifically
authorized by law that--
(A) the Secretary determines, through the
completion of an appraisal investigation and
feasibility study, would contribute to a safe, adequate
water supply for domestic, agricultural, environmental,
or municipal and industrial use; and
(B) is otherwise eligible for assistance under this
title.
(3) A project for enhanced energy efficiency in the
operation of a water system.
(4) A project for accelerated repair and replacement of an
aging water distribution facility.
(5) A brackish or sea water desalination project.
(6) Acquisition of real property or an interest in real
property for water storage, reclaimed or recycled water, or
wastewater, if the acquisition is integral to a project
described in paragraphs (1) through (5).
(7) A combination of projects, each of which is eligible
under paragraphs (1) through (6), for which an eligible entity
submits a single application.
(b) Activities Eligible for Assistance.--For purposes of this
subtitle, an eligible activity with respect to an eligible project
under subsection (a) includes the cost of--
(1) development-phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, transaction costs, preliminary engineering
and design work, and other preconstruction activities;
(2) construction, reconstruction, rehabilitation, and
replacement activities;
(3) the acquisition of real property (including water
rights, land relating to the project, and improvements to
land), environmental mitigation, construction contingencies,
and acquisition of equipment;
(4) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction;
(5) refinancing interim construction funding, long-term
project obligations, or a secured loan, loan guarantee, or
other credit enhancement made under this subtitle;
(6) reimbursement or success payments to any public or
private entity that achieves predetermined outcomes on a pay-
for-performance or pay-for-success basis; and
(7) grants, loans, or credit enhancement for community
development financial institutions, green banks, and other
financial intermediaries providing ongoing finance for projects
that meet the purposes of this subtitle.
SEC. 215. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
(a) Eligibility Requirements.--To be eligible to receive financial
assistance under this subtitle, a project shall meet the following
criteria, as determined by the Secretary:
(1) Creditworthiness.--
(A) In general.--Subject to subparagraph (B), the
project shall be creditworthy, as determined by the
Secretary, who shall ensure that any financing for the
project has appropriate security features, such as a
rate covenant, to ensure repayment.
(B) Preliminary rating opinion letter.--The
Secretary shall require each applicant to provide a
preliminary rating opinion letter from at least 1
rating agency indicating that the senior obligations of
the project (which may be the Federal credit
instrument) have the potential to achieve an
investment-grade rating.
(2) Eligible project costs.--The eligible project costs of
a project and other projects in a watershed shall be reasonably
anticipated to be not less than $10,000,000.
(3) Dedicated revenue sources.--The Federal credit
instrument for the project shall be repayable, in whole or in
part, from dedicated revenue sources that also secure the
project obligations.
(4) Public sponsorship of private entities.--In the case of
a project carried out by an entity that is not a State or local
government or an agency or instrumentality of a State or local
government, the project shall be publicly sponsored.
(b) Selection Criteria.--
(1) Establishment.--The Secretary shall establish criteria
for the selection of projects that meet the eligibility
requirements of subsection (a), in accordance with paragraph
(2).
(2) Criteria.--The selection criteria shall include the
following:
(A) The extent to which the project is nationally
or regionally significant.
(B) The extent to which assistance under this
section would foster innovative public-private
partnerships and attract private debt or equity
investment.
(C) The likelihood that assistance under this
section would enable the project to proceed at an
earlier date than the project would otherwise be able
to proceed.
(D) The extent to which the project uses new or
innovative approaches.
(E) The extent to which projects track evidence
about the effectiveness of the 1 or more projects
financed and the availability of the evidence and
project information to the public to facilitate
replication.
(F) The amount of budget authority required to fund
the Federal credit instrument made available under this
subtitle.
(G) The extent to which the project helps maintain
or protect the environment.
(H) The extent to which the project supports the
local economy and provides local jobs.
(c) Receipt of Other Federal Funding.--Receipt of a Federal grant
or contract or other Federal funding to support an eligible project
shall not preclude the project from being eligible for assistance under
this subtitle.
(d) Federal Requirements.--
(1) Effect of section.--Nothing in this section supersedes
the applicability of other requirements of Federal law
(including regulations).
(2) NEPA.--A Federal action carried out regarding a loan or
loan guarantee provided under this subtitle shall not be
considered to be a Federal action for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 216. SECURED LOANS.
(a) Agreements.--
(1) In general.--Subject to paragraphs (2) through (4), the
Secretary may enter into agreements with 1 or more obligors to
make secured loans, the proceeds of which shall be used--
(A) to finance eligible project costs of any
project selected under section 206;
(B) to refinance interim construction financing of
eligible project costs of any project selected under
section 206; or
(C) to refinance long-term project obligations or
Federal credit instruments, if that refinancing
provides additional funding capacity for the
completion, enhancement, or expansion of any project
that--
(i) is selected under section 206; or
(ii) otherwise meets the requirements of
section 206.
(2) Limitation on refinancing of interim construction
financing.--A secured loan under paragraph (1) shall not be
used to refinance interim construction financing under
paragraph (1)(B) later than 1 year after the date of
substantial completion of the applicable project.
(3) Risk assessment.--Before entering into an agreement
under this subsection for a secured loan, the Secretary, in
consultation with the Director of the Office of Management and
Budget and each rating agency providing a preliminary rating
opinion letter under section 206(a)(1)(B), shall determine an
appropriate capital reserve subsidy amount for the secured
loan, taking into account each such preliminary rating opinion
letter.
(4) Investment-grade rating requirement.--The execution of
a secured loan under this section shall be contingent on
receipt by the senior obligations of the project of an
investment-grade rating.
(b) Terms and Limitations.--
(1) In general.--A secured loan provided for a project
under this section shall be subject to such terms and
conditions, and contain such covenants, representations,
warranties, and requirements (including requirements for
audits), as the Secretary determines to be appropriate.
(2) Maximum amount.--The amount of a secured loan under
this section shall not exceed the lesser of--
(A) an amount equal to 100 percent of the
reasonably anticipated eligible project costs; and
(B) if the secured loan does not receive an
investment-grade rating, the amount of the senior
project obligations of the project.
(3) Payment.--A secured loan under this section--
(A) shall be payable, in whole or in part, from
State or local taxes, user fees, or other dedicated
revenue sources that also secure the senior project
obligations of the relevant project;
(B) shall include a rate covenant, coverage
requirement, or similar security feature supporting the
project obligations; and
(C) may have a lien on revenues described in
subparagraph (A), subject to any lien securing project
obligations.
(4) Interest rate.--The interest rate on a secured loan
under this section shall be not more than the yield on United
States Treasury securities of a similar maturity to the
maturity of the secured loan on the date of execution of the
loan agreement, as determined by the Secretary.
(5) Maturity date.--The final maturity date of a secured
loan under this section shall be not later than 35 years after
the date of substantial completion of the relevant project.
(6) Nonsubordination.--A secured loan under this section
shall not be subordinated to the claims of any holder of
project obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor of the project.
(7) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the
Federal Government of making a secured loan under this section.
(8) Non-federal share.--The proceeds of a secured loan
under this section may be used to pay any non-Federal share of
project costs required if the loan is repayable from non-
Federal funds.
(c) Repayment.--
(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan provided under this section,
based on the projected cash flow from project revenues and
other repayment sources.
(2) Commencement.--Scheduled loan repayment of principal or
interest on a secured loan under this section shall commence
not later than 5 years after the date of substantial completion
of the project.
(3) Deferred payments.--
(A) Authorization.--If, at any time after the date
of substantial completion of a project for which a
secured loan is provided under this section, the
project is unable to generate sufficient revenues to
pay the scheduled loan repayments of principal and
interest on the secured loan, the Secretary may allow
the obligor, subject to subparagraph (C), to add unpaid
principal and interest to the outstanding balance of
the secured loan.
(B) Interest.--Any payment deferred under
subparagraph (A) shall--
(i) continue to accrue interest in
accordance with subsection (b)(4) until fully
repaid; and
(ii) be scheduled to be amortized over the
remaining term of the secured loan.
(C) Criteria.--
(i) In general.--Any payment deferral under
subparagraph (A) shall be contingent on the
project meeting such criteria as the Secretary
may establish.
(ii) Repayment standards.--The criteria
established under clause (i) shall include
standards for reasonable assurance of
repayment.
(4) Prepayment.--
(A) Use of excess revenues.--Any excess revenues
that remain after satisfying scheduled debt service
requirements on the project obligations and secured
loan and all deposit requirements under the terms of
any trust agreement, bond resolution, or similar
agreement securing project obligations may be applied
annually to prepay a secured loan under this section
without penalty.
(B) Use of proceeds of refinancing.--A secured loan
under this section may be prepaid at any time without
penalty from the proceeds of refinancing from non-
Federal funding sources.
(d) Sale of Secured Loans.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after the date of substantial completion of a
project and after providing a notice to the obligor, the
Secretary may sell to another entity or reoffer into the
capital markets a secured loan for a project under this
section, if the Secretary determines that the sale or
reoffering can be made on favorable terms.
(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change the original
terms and conditions of the secured loan without the written
consent of the obligor.
(e) Loan Guarantees.--
(1) In general.--The Secretary may provide a loan guarantee
to a lender in lieu of making a secured loan under this
section, if the Secretary determines that the budgetary cost of
the loan guarantee is substantially the same as that of a
secured loan.
(2) Terms.--The terms of a loan guarantee provided under
this subsection shall be consistent with the terms established
in this section for a secured loan, except that the rate on the
guaranteed loan and any prepayment features shall be negotiated
between the obligor and the lender, with the consent of the
Secretary.
SEC. 217. PROGRAM ADMINISTRATION.
(a) Requirement.--The Secretary shall establish a uniform system to
service the Federal credit instruments made available under this
subtitle.
(b) Fees.--The Secretary may collect and spend fees, contingent on
authority being provided in appropriations Acts, at a level that is
sufficient to cover--
(1) the costs of services of expert firms retained pursuant
to subsection (d); and
(2) all or a portion of the costs to the Federal Government
of servicing the Federal credit instruments provided under this
subtitle.
(c) Servicer.--
(1) In general.--The Secretary may appoint a financial
entity to assist the Secretary in servicing the Federal credit
instruments provided under this subtitle.
(2) Duties.--A servicer appointed under paragraph (1) shall
act as the agent for the Secretary.
(3) Fee.--A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Secretary.
(d) Assistance From Experts.--The Secretary may retain the
services, including counsel, of any organization or entity with
expertise in the field of municipal and project finance to assist in
the underwriting and servicing of Federal credit instruments provided
under this subtitle.
(e) Loan Coordination; Interagency Cooperation.--The Secretary--
(1) shall coordinate implementation of loan guarantees
under this section with the Administrator to avoid duplication
and enhance the effectiveness of implementation of the State
revolving funds established under the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) and the Safe Drinking
Water Act (42 U.S.C. 300f et seq.);
(2) shall consult with the Secretary of Agriculture before
promulgating criteria with respect to financial appraisal
functions and loan guarantee administration for activities
carried out under this subtitle; and
(3) may enter into a memorandum of agreement providing for
Department of Agriculture financial appraisal functions and
loan guarantee administration for activities carried out under
this subtitle.
SEC. 218. STATE AND LOCAL PERMITS.
The provision of financial assistance for a project under this
subtitle shall not--
(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the project;
(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on private
equity invested in the project; or
(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation of
the project.
SEC. 219. REGULATIONS.
The Secretary may promulgate such regulations as the Secretary
determines to be appropriate to carry out this subtitle.
SEC. 220. FUNDING.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this subtitle $50,000,000 for each of fiscal
years 2015 through 2019, to remain available until expended.
(b) Administrative Costs.--Of the funds made available to carry out
this subtitle, the Secretary may use for the administration of this
subtitle not more than $2,200,000 for each of fiscal years 2015 through
2019.
SEC. 221. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, and
every 2 years thereafter, 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 summarizing
the financial performance and on-the-ground outcomes of the projects
that are receiving, or have received, assistance under this subtitle,
including an assessment of whether the objectives of this subtitle are
being met.
Subtitle B--Integrated Regional Water Management, Reclamation, and
Recycling Projects
SEC. 231. WATER STORAGE PROJECTS.
(a) Agreements.--The Secretary may enter into a cost-shared
financial assistance agreement with any non-Federal entity in a
Reclamation State or the State of Hawaii to carry out the planning,
design, and construction of any permanent water storage and conveyance
facility used solely to regulate and maximize the water supply arising
from a project that is eligible for assistance under this title or any
other provision of law--
(1) to recycle wastewater, impaired surface water, and
ground water; or
(2) to use integrated and coordinated water management on a
watershed or regional scale.
(b) Financial Assistance.--In providing financial assistance under
this section, the Secretary shall give priority to storage and
conveyance components that--
(1) ensure the efficient and beneficial use of water or
reuse of the recycled water;
(2) make maximum use of natural systems;
(3) consistent with Secretarial Order No. 3297, dated
February 22, 2010, support sustainable water management
practices and the water sustainability objectives of 1 or more
offices of the Department of the Interior or any other Federal
agency;
(4)(A) increase the availability of usable water supplies
in a watershed or region to benefit people, the economy, and
the environment; and
(B) include adaptive measures needed to address climate
change and future demands;
(5) where practicable--
(A) provide flood control or recreation benefits;
and
(B) include the development of incremental
hydroelectric power generation;
(6) include partnerships that go beyond political and
institutional jurisdictions to support the efficient use of the
limited water resources of the United States and the applicable
region;
(7) generate environmental benefits, such as benefits to
fisheries, wildlife and habitat, and water quality and water-
dependent ecological systems, as well as water supply benefits
to agricultural and urban water users; and
(8) the financing of which leverages private and other non-
Federal resources.
(c) Federal Share.--The Federal share of the cost of a project
carried out under subsection (a) shall be--
(1) equal to the lesser of--
(A) 50 percent of total cost of the project; and
(B) $15,000,000, adjusted for inflation; and
(2) nonreimbursable.
(d) Non-Federal Share.--The non-Federal share of the cost of a
project carried out under subsection (a) may include in-kind
contributions to the planning, design, and construction of a project.
(e) Title and Costs.--A non-Federal entity entering into a
financial assistance agreement under this section shall--
(1) hold title to all facilities constructed under this
section; and
(2) be solely responsible for the costs of operating and
maintaining those facilities.
SEC. 232. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $150,000,000 to carry out
this subtitle.
Subtitle C--Title Transfers
SEC. 241. AUTHORIZATION TO TRANSFER TITLE.
The Secretary may transfer to any non-Federal operating entity
title to any Reclamation project or facility, or any separable element
of such a project or facility, that is authorized before the date of
enactment of this Act, if--
(1) all previous Federal construction contract obligations
or other related repayment contracts or agreements associated
with the project have been paid out by a non-Federal project
beneficiary;
(2)(A) a project facility or separable element of such a
facility is in need of rehabilitation or improvement, as
determined by the Secretary; and
(B) the non-Federal operating entity is otherwise eligible
for a loan guarantee under this title;
(3) the title transfer meets all applicable Federal laws
and regulations, as determined by the Secretary; and
(4)(A) the Secretary notifies each congressional committee
of jurisdiction of the transfer by not later than 60 days
before the date of the transfer; and
(B) no objection to the transfer is raised by any such
committee.
TITLE III--INNOVATION THROUGH RESEARCH, DATA, AND TECHNOLOGY
SEC. 301. OPEN WATER DATA SYSTEM.
(a) Definitions.--In this section:
(1) Educational institution.--The term ``educational
institution'' means--
(A) a public or private elementary or secondary
school;
(B) an institution of vocational, professional, or
higher education (including a junior college or
teachers' college); and
(C) an association of schools or institutions
described in subparagraphs (A) and (B).
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(4) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(5) System.--The term ``system'' means the open water data
system established under subsection (b).
(b) System.--The Secretary shall establish and maintain an open
water data system within the United States Geological Survey to advance
the availability, timely distribution, and widespread use of water data
and information for water management, education, research, assessment,
and monitoring purposes.
(c) Purposes.--The purposes of the system are--
(1) to advance the quantification of the availability, use
of, and risks to, water resources throughout the United States;
(2) to increase accessibility to, and expand the use of,
water data and information in a standard, easy-to-use format by
Federal, State, local, and tribal governments, communities,
educational institutions, and the private sector; and
(3) to facilitate the open exchange of water information
particularly in the face of climate change and unprecedented
drought.
(d) Activities.--In carrying out this section, the Secretary
shall--
(1) integrate water data and information into a
interoperable, national, geospatially referenced water data
framework;
(2) identify new water data and information needs,
including data on surface and groundwater quality and quantity,
sediment, erosion, transport, water chemistry, precipitation,
reservoir storage, water cycle, landscape variables,
hydrography, climate and weather impacts, soil moisture, and
human use;
(3) leverage existing shared databases, infrastructure, and
tools to provide a platform for water data and information
innovation, modeling and data sharing, and solution
development;
(4) support water data and information sharing, applied
research, and educational programs of State, local, and tribal
governments, communities, educational institutions, and the
private sector; and
(5) promote cooperation and sharing of expertise regarding
water data and information among State, local, and tribal
governments, communities, educational institutions, and the
private sector.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.
SEC. 302. WATER RESOURCES RESEARCH ACT AMENDMENTS.
(a) Congressional Findings and Declarations.--Section 102 of the
Water Resources Research Act of 1984 (42 U.S.C. 10301) is amended--
(1) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively;
(2) in paragraph (8) (as so redesignated), by striking
``and'' at the end; and
(3) by inserting after paragraph (6) the following:
``(7) additional research is required to increase the
effectiveness and efficiency of new and existing treatment
works through alternative approaches, including--
``(A) nonstructural alternatives;
``(B) decentralized approaches;
``(C) water use efficiency and conservation; and
``(D) actions to reduce energy consumption or
extract energy from wastewater;''.
(b) Water Resources Research and Technology Institutes.--Section
104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303) is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (B)(ii), by striking ``water-
related phenomena'' and inserting ``water resources'';
and
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and'';
(2) in subsection (c)--
(A) by striking ``From the'' and inserting ``(1) In
general.--From the''; and
(B) by adding at the end the following:
``(2) Report.--Not later than December 31 of each fiscal
year, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate, the Committee on
the Budget of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on the Budget of the House of Representatives a
report regarding the compliance of each funding recipient with
this subsection for the immediately preceding fiscal year.'';
(3) by striking subsection (e) and inserting the following:
``(e) Evaluation of Water Resources Research Program.--
``(1) In general.--The Secretary shall conduct a careful
and detailed evaluation of each institute at least once every 3
years to determine--
``(A) the quality and relevance of the water
resources research of the institute;
``(B) the effectiveness of the institute at
producing measured results and applied water supply
research; and
``(C) whether the effectiveness of the institute as
an institution for planning, conducting, and arranging
for research warrants continued support under this
section.
``(2) Prohibition on further support.--If, as a result of
an evaluation under paragraph (1), the Secretary determines
that an institute does not qualify for further support under
this section, no further grants to the institute may be
provided until the qualifications of the institute are
reestablished to the satisfaction of the Secretary.'';
(4) in subsection (f)(1), by striking ``$12,000,000 for
each of fiscal years 2007 through 2011'' and inserting
``$7,500,000 for each of fiscal years 2015 through 2020''; and
(5) in subsection (g)(1), in the first sentence, by
striking ``$6,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$1,500,000 for each of fiscal years 2015
through 2020''.
SEC. 303. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996.
Section 8 of the Water Desalination Act of 1996 (42 U.S.C. 10301
note; Public Law 104-298) is amended--
(1) in the first sentence of subsection (a), by striking
``2013'' and inserting ``2020''; and
(2) in subsection (b), by striking ``for each of fiscal
years 2012 through 2013'' and inserting ``for each of fiscal
years 2015 through 2020''.
SEC. 304. REVIEW OF RESERVOIR OPERATIONS.
(a) In General.--Not later than 1 year after receiving a request of
a non-Federal sponsor of a reservoir, the Secretary of the Army, in
consultation with the Administrator of the National Oceanic and
Atmospheric Administration, shall review the operation of the
reservoir, including the water control manual and rule curves, using
improved weather forecasts and run-off forecasting methods, including
the Advanced Hydrologic Prediction System of the National Weather
Service and the Hydrometeorology Testbed program of the National
Oceanic and Atmospheric Administration.
(b) Description of Benefits.--In conducting the review under
subsection (a), the Secretary of the Army shall determine if a change
in operations, including the use of improved weather forecasts and run-
off forecasting methods, will improve 1 or more of the core functions
of the Corps of Engineers, including--
(1) reducing risks to human life, public safety, and
property;
(2) reducing the need for future disaster relief;
(3) improving local water storage capability and
reliability in coordination with the non-Federal sponsor and
other water users;
(4) restoring, protecting, or mitigating the impacts of a
water resources development project on the environment; and
(5) improving fish species habitat or population within the
boundaries and downstream of a water resources project.
(c) Results Reported.--Not later than 90 days after completion of a
review under this section, the Secretary shall submit a report to
Congress regarding the results of the review.
(d) Manual Update.--As soon as practicable, but not later than 3
years after the date on which a report under subsection (c) is
submitted to Congress, pursuant to the procedures required under
existing authorities, if the Secretary of the Army determines based on
that report that using improved weather and run-off forecasting methods
improves 1 or more core functions of the Corps of Engineers at a
reservoir, the Secretary of the Army shall--
(1) incorporate those methods in the operation of the
reservoir; and
(2) update the water control manual.
TITLE IV--DROUGHT PREPAREDNESS AND RESILIENCE
SEC. 401. NATIONAL DROUGHT RESILIENCE GUIDELINES.
(a) In General.--The Administrator, in conjunction with the
Secretary of the Interior, the Secretary of Agriculture, the Director
of the National Oceanic and Atmospheric Administration, and other
appropriate Federal agency heads along with State and local
governments, shall develop nonregulatory national drought resilience
guidelines relating to drought preparedness planning and investments
for communities, water utilities, and other water users and providers.
(b) Consultation.--In developing the national drought resilience
guidelines, the Administrator and other Federal agency heads referred
to in subsection (a) shall consult with--
(1) State and local governments;
(2) water utilities;
(3) scientists;
(4) institutions of higher education;
(5) relevant private entities; and
(6) other stakeholders.
(c) Contents.--The national drought resilience guidelines developed
under this section shall, to the maximum extent practicable, provide
recommendations for a period of 10 years that--
(1) address a broad range of potential actions, including--
(A) analysis of the impacts of climate change and
drought on the future effectiveness of water management
tools;
(B) the identification of drought-related water
management challenges in a broad range of fields,
including--
(i) public health and safety;
(ii) municipal and industrial water supply;
(iii) agricultural water supply;
(iv) water quality;
(v) ecosystem health; and
(vi) water supply planning;
(C) water management tools to reduce drought-
related impacts, including--
(i) water use efficiency through gallons
per capita reduction goals, appliance
efficiency standards, water pricing incentives,
and other measures;
(ii) water recycling;
(iii) groundwater clean-up and storage;
(iv) new technologies, such as behavioral
water efficiency; and
(v) stormwater capture and reuse;
(D) water-related energy and greenhouse gas
reduction strategies; and
(E) public education and engagement; and
(2) include recommendations relating to the processes that
Federal, State, and local governments and water utilities
should consider when developing drought resilience preparedness
and plans, including--
(A) the establishment of planning goals;
(B) the evaluation of institutional capacity;
(C) the assessment of drought-related risks and
vulnerabilities, including the integration of climate-
related impacts;
(D) the establishment of a development process,
including an evaluation of the cost-effectiveness of
potential strategies;
(E) the inclusion of private entities, technical
advisors, and other stakeholders in the development
process;
(F) implementation and financing issues; and
(G) evaluation of the plan, including any updates
to the plan.
SEC. 402. DROUGHT PREPAREDNESS FOR FISHERIES.
(a) Definitions.--In this section:
(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. 450b).
(2) Qualified tribal government.--The term ``qualified
tribal government'' means a governmental body of an Indian
tribe that the Secretary of the Interior determines--
(A) is involved in salmon management and recovery
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 this section.
(b) Salmon Drought Plan.--
(1) In general.--Not later than January 1, 2016, the
Director of the United States Fish and Wildlife Service shall,
in consultation with the Director of the National Marine
Fisheries Service, the Commissioner of Reclamation, the Chief
of Engineers, and the head of the California Department of Fish
and Wildlife, prepare a salmon drought plan for the State of
California.
(2) Contents.--The plan developed under paragraph (1)
shall--
(A) contribute--
(i) to the recovery of populations listed
as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.); and
(ii) to the goals of the Central Valley
Project Improvement Act (title XXXIV of Public
Law 102-575; 106 Stat. 4706); and
(B) include options to protect salmon populations
originating in the State of California, with a
particular focus on actions that can be taken to aid
salmon populations in the State of California during
the driest 12 years, such as--
(i) relocating the release location and
timing of hatchery fish to avoid predation and
temperature impacts;
(ii) barging hatchery release fish to
improve survival and reduce straying;
(iii) coordinating with water users, the
Commissioner of Reclamation, and the head of
the California Department of Water Resources
regarding voluntary water transfers to
determine if water released upstream to meet
the needs of downstream or South-of-Delta water
users can be managed in a way that provides
additional benefits for salmon;
(iv) hatchery management modifications,
such as expanding hatchery production during
the driest years of fish listed as endangered
or threatened under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), if
appropriate; and
(v) increasing rescue operations of
upstream migrating fish.
(c) Funding.--
(1) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Director of the United States Fish and Wildlife
Service to carry out this section $3,000,000, to remain
available until expended, for urgent fish, stream, and hatchery
activities relating to extreme drought conditions, including
work carried out in conjunction with the Director of the
National Marine Fisheries Service, the Commissioner of
Reclamation, the Chief of Engineers, the head of the California
Department of Fish and Wildlife, or a qualified tribal
government.
(2) Receipt and acceptance.--The Director of the United
States Fish and Wildlife Service shall be entitled to receive,
shall accept, and shall use to carry out this section the funds
transferred under paragraph (1), without further appropriation.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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