STREAM Act

The term annual report means a report required under section 102(a).

The term authorized project means a storage project authorized by an Act of Congress, including through an applicable standing authorization under section 5B of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 509b) or any other applicable law.

The term authorizing committees of Congress means—

(A) the Committee on Energy and Natural Resources of the Senate; and

(B) the Committee on Natural Resources of the House of Representatives.

The terms design and study include any design, permitting, study (including a feasibility study), materials engineering or testing, surveying, or preconstruction activity relating to a water storage facility.

The terms design and study do not include an appraisal study or other preliminary review intended to determine whether further study is appropriate.

The term disadvantaged community means a low-income community (as defined in section 45D(e) of the Internal Revenue Code of 1986).

The term eligible desalination project has the meaning given the term in paragraph (2) of section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) (as amended by section 104(a)).

The term eligible entity means—

(A) any State, political subdivision of a State, department of a State, or public agency organized pursuant to State law;

(B) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) or an entity controlled by an Indian Tribe;

(C) a water users’ association;

(D) an agency established by an interstate compact; and

(E) an agency established under State law for the joint exercise of powers.

The term Federal benefit, with respect to a non-Federal storage project, water recycling project, or eligible desalination project, means—

(A) public benefits provided directly by a project;

(B) public benefits that—

(i) are—

(I) fish and wildlife benefits described in paragraph (12)(A)(i); or

(II) water quality benefits;

(ii) are provided by the implementation of a watershed restoration plan approved with the project; and

(iii) represent an increased Federal commitment in the watershed as compared to Federal commitments before the date of approval of the project;

(C) benefits to a watershed from a water recycling project or eligible desalination project; or

(D) water supply benefits identified in accordance with the reclamation laws.

The term Federal storage project means any project constructed by the Bureau of Reclamation—

(A) that involves the construction or expansion of—

(i) a surface water storage facility; or

(ii) a facility conveying water to or from surface or groundwater storage; and

(B) to which the United States holds or will hold title.

The term natural water retention and release project means a non-Federal storage project designed and developed to increase water availability for optimal management through aquifer recharge, floodplain retention, the alteration of the timing of runoff to allow increased utilization of existing storage facilities, or another mechanism that—

(i) uses primarily natural materials appropriate to the specific site and landscape setting; and

(ii) substantially mimics natural riverine, wetland, ecosystem, or hydrologic processes.

The term natural water retention and release project includes—

(i) a single natural water retention and release project;

(ii) several distributed natural water retention and release projects across a watershed; and

(iii) the redesign, modification, or replacement of existing infrastructure to incorporate natural water retention and release elements.

The term non-Federal storage project means any project in a Reclamation State that—

(A) involves the construction, expansion, or repair by an eligible entity of—

(i) a surface or groundwater storage project that is not federally owned;

(ii) a facility that is not federally owned conveying water to or from surface or groundwater storage; or

(iii) a natural water retention and release project; and

(B) provides a benefit in meeting any obligation under applicable Federal law (including regulations).

The term public benefit, with respect to a non-Federal storage project or extraordinary operation and maintenance work, means—

(i) fish and wildlife benefits—

(I) that are in excess of express mitigation and environmental compliance obligations under applicable Federal and State law, including regulations, permits, contracts, licenses, grants, or orders or decisions from Federal and State courts, in effect on the date on which amounts are made available for the applicable project under this Act; and

(II) including incremental level 4 flows for managed land entitled to receive level 2 refuge water;

(ii) flood control benefits;

(iii) recreational benefits;

(iv) water quality benefits that are in excess of the obligations described in clause (i)(I) of subparagraph (A); and

(v) any other benefits that are nonreimbursable under the reclamation laws;

(B) drinking water supply for disadvantaged communities, including through groundwater recharge, the benefits of which are in excess of the obligations described in clause (i)(I) of subparagraph (A);

(C) emergency drinking water supply used in response to a disaster declaration by a Governor; and

(D) energy savings benefits, including—

(i) the value of associated greenhouse gas reductions; and

(ii) any reduction in energy costs for Federal taxpayers, such as reduced water delivery costs for water providing fish and wildlife benefits.

The term qualified partner means a nonprofit organization operating in a Reclamation State that is acting with the written support of an eligible entity.

The term reclamation laws means Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)).

The term Reclamation State has the meaning given the term in section 4014 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322).

The term Secretary means the Secretary of the Interior.

The term storage project means a Federal storage project or a non-Federal storage project.

The term water recycling project means a project provided a grant under section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(f)).

The term watershed includes—

(A) an entire watershed; or

(B) any portion of a watershed, including the upper or lower reaches of the watershed.

The term watershed restoration plan means a plan approved by the Secretary that would provide benefits to the affected watershed from a non-Federal storage project and other projects and activities, including—

(i) restoration of fish and wildlife habitat or flows; or

(ii) water quality benefits; and

(B) water supply benefits.

Section 1602 of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h) is amended—

(1) in subsection (e)(2)(B), by striking in accordance with the reclamation laws; and

(2) in subsection (f)—

(A) in paragraph (1), by striking, subject to subsection (g)(2); and

(B) by striking paragraph (2) and all that follows through the end of subsection (g) and inserting the following:

In providing grants under paragraph (1), the Secretary shall—

(A) give priority to projects that—

(i) are likely to provide a more-reliable water supply for a unit of State or local government;

(ii) are likely to increase the water management flexibility and reduce impacts on environmental resources; or

(iii) provide multiple benefits, including water supply reliability, ecosystem benefits, system reliability benefits, groundwater management and enhancements, and water quality improvements; and

(B) take into consideration selecting a diversity of project types, including projects that serve—

(i) a region or more than 1 community;

(ii) a rural or small community; or

(iii) an urban community or city.

In addition to amounts made available under section 40901(4)(A) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3201(4)(A)), there is authorized to be appropriated to the Secretary to carry out subsections (e) and (f) $300,000,000 for the period of fiscal years 2024 through 2028.

Section 1631(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h–13(d)) is amended—

(1) in paragraph (1)—

(A) by striking by paragraph (2) and inserting in paragraphs (2) and (3); and

(B) striking $20,000,000 (October 1996 prices) and inserting $50,000,000 (in prices as determined for January 2022); and

(2) in paragraph (2)—

(A) in subparagraph (B)—

(i) by striking (B) In the case and inserting the following:

In the case; and

(ii) by indenting clauses (i) and (ii) appropriately; and

(B) by striking (2)(A) Subject to and inserting the following:

The Federal share of the cost of any single project authorized under this title shall be $20,000,000 (October 1996 prices) if the project has received that amount as of December 31, 2021.

Subject to.

Not later than February 1 of each year, the Secretary shall develop and submit to the authorizing committees of Congress an annual report, to be entitled Report to Congress on Future Storage Project Development, that—

(1) identifies, with respect to Federal storage projects and non-Federal storage projects—

(A) each feasibility report that—

(i) meets the criteria established under subsection (c)(1)(A); and

(ii) is recommended by the Secretary for congressional authorization for construction;

(B) each proposed feasibility study submitted to the Secretary by an eligible entity pursuant to subsection (b) that meets the criteria established under subsection (c)(1)(A);

(C) any proposed modification to an authorized project that meets the criteria established under subsection (c)(1)(A) that is—

(i) submitted to the Secretary by an eligible entity pursuant to subsection (b); or

(ii) identified by the Secretary for authorization; and

(2) provides a status update for each feasibility study for a Federal storage project that is under evaluation during the period covered by the report and is intended to meet the criteria established under subsection (c)(1)(A), including identifying—

(A) the initiation date of the feasibility study;

(B) the percentage completion of the feasibility study; and

(C) the expected completion date of the feasibility study.

Not later than May 1 of each year, the Secretary shall publish a notice requesting proposals from eligible entities for proposed feasibility studies and proposed modifications to authorized projects to be included in the annual report.

The Secretary shall include in each notice required under this subsection a requirement that eligible entities submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in order for the proposals to be considered for inclusion in the annual report.

On the date of publication of each notice required by this subsection, the Secretary shall—

(A) make the notice publicly available, including on the internet; and

(B) provide written notification of the publication to the authorizing committees of Congress.

The Secretary shall include in the annual report—

(i) subject to subparagraph (B), a feasibility report or proposed feasibility study for, or proposed modifications to, a Federal storage project or non-Federal storage project that—

(I) the Secretary determines is related to the missions and authorities of the Bureau of Reclamation;

(II) requires specific congressional authorization, including by an Act of Congress;

(III) the Secretary determines could be eligible for design, study, or construction; and

(IV) has not been authorized by Congress; and

(ii) a list of, as of the date of the annual report—

(I) each non-Federal storage project that is under construction;

(II) each feasibility study that is being conducted for non-Federal storage projects; and

(III) the amount of appropriated funding that the Secretary has awarded to each project or feasibility study listed under subclause (I) or (II).

Notwithstanding subparagraph (A)(i)—

(i) a feasibility study shall not be included in an annual report if the feasibility study was included in any previous annual report; and

(ii) a feasibility report for a non-Federal storage project shall not be included in an annual report unless the project has a Federal cost-share of more than $250,000,000.

The Secretary shall describe in the annual report, to the extent applicable and practicable, for each proposed feasibility study and proposed modification to an authorized project included in the annual report, the benefits of each project or proposed modification.

The Secretary shall identify in the annual report, to the extent practicable—

(i) for each proposed feasibility study included in the annual report, the eligible entity that submitted the proposed project study pursuant to subsection (b); and

(ii) for each proposed feasibility study and proposed modification to a project included in the annual report, whether the eligible entity has demonstrated—

(I) that local support exists for the proposed feasibility study or proposed modification to an authorized project (including the project that is the subject of the proposed feasibility study or the proposed modification); and

(II) the financial ability to provide the required non-Federal cost share.

The Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to a project included under paragraph (1)(A)—

(A) the name of the associated eligible entity, including the name of any eligible entity that has contributed, or is expected to contribute, a non-Federal share of the cost of—

(i) the feasibility report;

(ii) the proposed feasibility study; or

(iii) construction of—

(I) the project that is the subject of—

(aa) the feasibility report; or

(bb) the proposed feasibility study; or

(II) the proposed modification to a project;

(B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to a project from each associated eligible entity;

(C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to a project;

(D) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of construction of—

(i) the project that is the subject of the feasibility report; or

(ii) the proposed modification to an authorized project; and

(E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of—

(i) the project that is the subject of the feasibility report; or

(ii) the proposed modification to an authorized project.

The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to a project included in the annual report meets the criteria established under paragraph (1)(A).

The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under that paragraph.

The Secretary shall not include—

(i) in an appendix under subparagraph (A) any proposal that meets the criteria for inclusion in the annual report solely on the basis of a determination by the Secretary that the proposal requires legislative changes to an authorized project or feasibility study; or

(ii) in an appendix under subparagraph (A) or any other part of the annual report any proposal that meets the criteria for inclusion in the annual report solely on the basis of a policy of the Secretary.

Notwithstanding any other deadline under this section, the Secretary shall—

(1) not later than 60 days after the date of enactment of this Act, publish a notice required under subsection (b)(1); and

(2) include in the notice a requirement that eligible entities submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publication of the notice in order for the proposals to be considered for inclusion in the first annual report developed by the Secretary under this section.

On submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the internet.

In this section:

The term eligible entity means—

(A) a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or other organization with water or power delivery authority;

(B) a State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; or

(i) an agency established under State law for the joint exercise of powers;

(ii) a combination of entities described in subparagraphs (A) and (B); or

(iii) with respect to a natural water retention and release project, a qualified partner.

The term eligible project means a project described in subsection (c).

The term program means the grant program established under subsection (b).

The term Reclamation State means a State or territory described in the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391).

The Secretary shall establish a program to provide grants to eligible entities on a competitive basis for the study, planning, design, and construction of non-Federal storage projects that provide substantial water supply and other benefits to a Reclamation State in accordance with this section.

A project shall be eligible for a grant under this section if the project—

(1) involves the construction or expansion by an eligible entity of—

(A) a surface or groundwater storage project that is not federally owned;

(B) a facility that is not federally owned that conveys water to or from surface or groundwater storage; or

(C) a natural water retention and release project;

(2) has a Federal cost-share of not more than $250,000,000;

(3) is located in a Reclamation State;

(4) is constructed, operated, and maintained by an eligible entity; and

(5) provides a Federal benefit.

The Secretary may provide a grant to an eligible entity for an eligible project under the program—

(1) for the study of the eligible project, if the Secretary has identified the potential for sufficient Federal benefits from the eligible project to proceed;

(2) for the construction of a non-Federal storage project that is not a natural water retention and release project, if—

(A) the eligible entity determines through the preparation of a feasibility study or equivalent study, and the Secretary concurs, that the eligible project—

(i) is technically and financially feasible;

(ii) provides a Federal benefit; and

(iii) is consistent with applicable Federal and State laws;

(B) the eligible entity has sufficient non-Federal funding available to complete the eligible project, as determined by the Secretary;

(C) the eligible entity is financially solvent, as determined by the Secretary;

(D) the Governor, a member of the cabinet of the Governor, or the head of a department of the Reclamation State in which the non-Federal storage project is located supports the project or Federal funding of the project; and

(E) not later than 30 days after the date on which the Secretary concurs with the determinations under subparagraph (A) with respect to the eligible project, the Secretary submits to Congress written notice of the determinations; and

(3) for a natural water retention and release project—

(A) that costs not more than $10,000,000, if the eligible entity demonstrates that the natural water retention and release project would help optimize the storage or delivery of water in a watershed in which a Bureau of Reclamation facility is located; and

(B) that costs more than $10,000,000, if—

(i) the conditions described in paragraph (2) have been met; and

(ii) the eligible entity determines, and the Secretary concurs, that—

(I) the natural water retention and release project would produce or allow additional retention or delivery of water in a watershed in which a Bureau of Reclamation facility is located; and

(II) there is a credible estimate of the quantity of the storage benefit of the natural water retention and release project during each of a wet year, a normal year, and a dry year.

In providing grants to eligible entities for eligible projects under the program, the Secretary shall give funding priority to an eligible project that directly or through watershed restoration plans approved with the project meets 2 or more of the following criteria:

(1) Provides multiple benefits, including substantial quantities of each of the following:

(A) Water supply reliability benefits for States and communities that are frequently drought-stricken.

(B) Fish and wildlife benefits.

(C) Water quality improvements.

(2) Reduces impacts on environmental resources from water projects owned or operated by Federal agencies and State agencies, including through measurable reductions in water diversions from imperiled ecosystems.

(3) Advances water management plans across a multi-State area, such as drought contingency plans in the Colorado River Basin.

(4) Is collaboratively developed or supported by multiple stakeholders.

(5) Is located within a watershed for which an integrated, comprehensive watershed management plan has been developed to enhance resilience of ecosystems, agricultural operations, and communities to chronic water scarcity, acute drought, and changing hydrological regimes.

Except as provided in subparagraph (B), the Federal share of the cost of any eligible project provided a grant under the program shall not exceed 25 percent of the total cost of the eligible project.

The Federal share of the cost of a natural water retention and release project provided a grant under the program shall not exceed 90 percent of the total cost of the natural water retention and release project.

Subject to paragraph (1), any funds provided by the Secretary to an eligible entity under the program for the value of public benefits described in subparagraphs (A) and (B) of section 2(8) shall be considered nonreimbursable.

Subject to paragraph (1), any funds provided by the Secretary for the value of Federal benefits provided under section 2(8)(D) shall be considered nonreimbursable to the extent that the value of the Federal benefits does not exceed the value of public benefits funded under clause (i) that are fish and wildlife or water quality benefits.

If any funding provided under subparagraph (A) is less than 25 percent of the total cost of the eligible project, the Secretary may provide reimbursable funds to an eligible entity for any Federal benefits provided under section 2(8)(D) for not more than 25 percent of the total cost of the eligible project.

In providing a grant for an eligible project under the program, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance on the implementation of the program, including guidelines for the preparation of feasibility studies or equivalent studies by eligible entities.

At the end of each fiscal year, the Secretary shall make available on the website of the Department of the Interior an annual report that lists each eligible project for which a grant has been awarded under this section during the fiscal year.

The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under this section.

The planning, design, and construction of a conveyance system for an eligible project shall be eligible for grant funding under the program.

In addition to amounts made available under section 40901(1) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3201(1)), there is authorized to be appropriated to the Secretary to carry out this section $750,000,000 for the period of fiscal years 2024 through 2028, of which $50,000,000 is authorized to be appropriated during that period to carry out natural water retention and release projects under subsection (d)(3).

Subject to paragraphs (3) and (5), the Secretary shall allocate amounts made available under paragraph (1) among—

(A) the design and study of—

(i) non-Federal storage projects, including natural water retention and release projects; and

(ii) storage projects that are eligible for study funding under subsection (a)(1) of section 40902 of the Infrastructure Investment and Jobs Act (43 U.S.C. 3202), if the amounts made available to the storage projects under this clause are provided in accordance with subsections (b) and (c) of that section; and

(B) construction of—

(i) non-Federal storage projects, including natural water retention and release projects; and

(ii) storage projects that have received construction funding in accordance with subsection (a)(2) of section 40902 of the Infrastructure Investment and Jobs Act (43 U.S.C. 3202), if the amounts made available to the storage projects under this clause are provided in accordance with subsections (b) and (c) of that section.

Of the amounts made available under paragraph (1), not more than 25 percent shall be provided for appraisal studies, feasibility studies, or other preliminary studies.

The Secretary may award funding made available under section 4007(h) of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322) to—

(A) non-Federal storage projects, including natural water retention and release projects;

(B) storage projects that are eligible for study funding under subsection (a)(1) of section 40902 of the Infrastructure Investment and Jobs Act (43 U.S.C. 3202), if the amounts made available under this subparagraph to storage projects is provided in accordance with subsections (b) and (c) of that section; and

(C) storage projects that have received construction funding in accordance with subsection (a)(2) of section 40902 of the Infrastructure Investment and Jobs Act (43 U.S.C. 3202), if the amounts made available to storage projects under this subparagraph is provided in accordance with subsections (b) and (c) of that section.

The funds appropriated under paragraph (1) may not be used for storage projects other than those described in paragraph (2) unless authorized by an Act of Congress.

The Federal share of the cost of public benefits provided by a storage project described in paragraph (2) may be used for—

(i) the capital and operations, maintenance, and replacement costs of public benefits; and

(ii) the operations, maintenance, and replacement costs of public benefits described in section 2(12)(A), the capital costs of which are funded by the applicable Reclamation State.

Nothing in this paragraph precludes the Secretary from using other authorities or appropriations for the capital and operations, maintenance, and replacement costs of a non-Federal storage project to provide public benefits.

Section 40902(a)(2)(C)(i) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3202(a)(2)(C)(i)) is amended by striking clause (i) or (ii) and inserting clause (i), (ii), or (iii).

In this subsection, the term construction has the meaning given the term in section 4011(f) of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322; 130 Stat. 1881).

A storage project that has received funding for construction activities in accordance with section 40901(1) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3201(1)) shall be eligible for funding (including funding authorized under this section or an amendment made by this section), to complete construction of the project in accordance with the standards under section 40902 of that Act (43 U.S.C. 3202).

Title I of Public Law 108–361 (118 Stat. 1681; 123 Stat. 2860; 128 Stat. 164; 128 Stat. 2312; 129 Stat. 2407; 130 Stat. 1866; 133 Stat. 2669; 134 Stat. 1363), is amended by striking 2021 each place it appears and inserting 2027.

Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended by striking paragraph (2) and inserting the following:

In this paragraph:

The term eligible desalination project means any project located in a Reclamation State, or for which the construction, operation, sponsorship, or funding is the responsibility of, and the primary water supply benefit accrues to, 1 or more entities in a Reclamation State, that—

(I) involves an ocean or brackish water desalination facility—

(aa) constructed, operated, and maintained by a State, Indian Tribe, irrigation district, water district, or other organization with water or power delivery authority; or

(bb) sponsored or funded by any combination of a State, department of a State, political subdivision of a State, or public agency organized pursuant to State law, including through—

(AA) direct sponsorship or funding; or

(BB) indirect sponsorship or funding, such as by paying for the water provided by the facility;

(II) provides a Federal benefit; and

(III) is consistent with applicable Federal and State resource protection laws, including any law relating to the protection of marine protected areas.

The terms authorizing committees of Congress, Federal benefit, and Reclamation State have the meaning given the terms in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act.

The term rural desalination project means an eligible desalination project that is designed to serve a community or group of communities, each of which has a population of not more than 25,000 inhabitants.

Subject to the requirements of this subsection and notwithstanding section 7, the Federal share of an eligible desalination project carried out under this subsection shall be—

(I) not more than 25 percent of the total cost of the eligible desalination project; or

(II) in the case of a rural desalination project, the applicable percentage determined in accordance with clause (ii).

Subject to subclause (IV), in the case of a rural desalination project carried out under this subsection, the Federal share of the cost of appraisal studies for the rural desalination project shall be—

(aa) 75 percent of the total costs of the appraisal studies, up to $200,000; and

(bb) if the total costs of the appraisal studies are more than $200,000, 50 percent of any amounts over $200,000.

Subject to subclause (IV), in the case of a rural desalination project carried out under this subsection, the Federal share of the cost of feasibility studies for the rural desalination project shall be not more than 50 percent.

Subject to subclause (IV), in the case of a rural desalination project carried out under this subsection, the Federal share of the cost of construction of the rural desalination project shall be not more than 75 percent.

The Secretary may reduce the non-Federal share of a rural desalination project required under subclause (I), (II), or (III) by not more than 10 percent if the Secretary determines, after consultation with the heads of any other Federal agencies that are partners in the rural desalination project and in accordance with applicable Reclamation standards, that the reduction is appropriate due to—

(aa) an overwhelming Federal interest in the rural desalination project; and

(bb) the sponsor of the rural desalination project demonstrating financial hardship.

Funding for a rural desalination project under clause (ii) or the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall not be considered for purposes of the Federal share established under this subparagraph.

Participation by the Secretary in an eligible desalination project under this paragraph shall not occur unless—

(I) the eligible desalination project is included in a State-approved plan; or

(II) the participation has been requested by the Governor of the State in which the eligible desalination project is located;

(ii) the State or local sponsor of the eligible desalination project determines, and the Secretary concurs, that—

(I) the eligible desalination project—

(aa) is technically and financially feasible;

(bb) provides a Federal benefit; and

(cc) is consistent with applicable Federal and State laws (including regulations);

(II) sufficient non-Federal funding is available to complete the eligible desalination project; and

(III) the non-Federal project sponsor is financially capable of funding the non-Federal share of the project costs; and

(iii) the Secretary submits to the authorizing committees of Congress and makes publicly available on the internet a written notification of the determinations under clause (ii) by not later than 30 days after the date of the determinations.

To be eligible to receive a grant under this subsection, a desalination project shall comply with—

(i) applicable Federal environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(ii) applicable State environmental laws.

In participating in an eligible desalination project under this subsection, the Secretary—

(i) may rely on reports prepared by the sponsor of the eligible desalination project, including feasibility or equivalent studies, environmental analyses, and other pertinent reports and analyses; but

(ii) shall retain responsibility for making the independent determinations described in subparagraph (C).

In addition to amounts made available under section 40901(5) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3201(5)), there is authorized to be appropriated to carry out this paragraph $150,000,000 for the period of fiscal years 2024 through 2028, of which not less than $10,000,000 shall be made available during the period for rural desalination projects.

The Commissioner of Reclamation shall release a funding opportunity announcement for a grant program under this paragraph by not later than 75 days after the date of enactment of an Act that provides funding for the program.

Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended by striking subsection (c) and inserting the following:

In carrying out demonstration and development activities under this section, the Secretary shall prioritize projects—

(1) for the benefit of drought-stricken States and communities;

(2) for the benefit of States that have authorized funding for research and development of desalination technologies and projects;

(3) that demonstrably improve self-reliance on local or regional water supplies in the case of any project sponsors that rely on imported water supplies that have an impact on species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(4) that demonstrably leverage the experience of or partner with—

(A) international entities with considerable expertise in desalination, such as Israel; or

(B) nonprofit water research foundations or institutions with expertise in technology innovation to advance sustainable desalination processes or brine management;

(5) located in a region that—

(A) is impacted by salinity or brackish groundwater; and

(B) has agricultural production of national importance;

(6) that support regional stakeholder-based planning and implementation efforts to manage brine and salinity for sustainability and improvement of groundwater quality within an approved basin plan;

(7) that maximize the use of renewable energy to power desalination facilities;

(8) that maximize energy efficiency so that the lifecycle energy demands of desalination are minimized;

(9) located in a region that has employed strategies to increase water conservation and the capture and recycling of wastewater and stormwater; and

(10) that, in the case of ocean desalination facilities—

(i) use a subsurface intake; or

(ii) if a subsurface intake is not feasible, use an intake that uses the best available site, design, technology, and mitigation measures to minimize the mortality of all forms of marine life and impacts to coastal-dependent resources;

(B) are sited and designed to ensure that the disposal of wastewater (including brine from the desalination process)—

(i) is not discharged in a manner that increases salinity levels in Federal or State marine protected areas; and

(ii) achieves ambient salinity levels within a reasonable distance from the discharge point;

(C) are sited, designed, and operated in a manner that maintains indigenous marine life and a healthy and diverse marine community within a reasonable distance from the discharge point;

(D) do not cause significant unmitigated harm to aquatic life; and

(E) include a construction and operation plan designed to minimize loss of coastal habitat as well as aesthetic, noise, and air quality impacts.

As soon as practicable after the date of enactment of this Act, for purposes of making recommendations to Congress for projects to be carried out under section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298), the Commissioner of Reclamation shall establish a priority scoring system that provides for the assignment of priority scores for the projects based on the prioritization criteria established under subsection (c) of that section.

Non-Federal entities that receive Federal assistance for projects or facilities authorized under this Act shall implement the projects or facilities consistent with the standards for activities assisted under section 401 of the Safe Drinking Water Act Amendments of 1996 (42 U.S.C. 300j–3c).

Section 8(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended—

(1) in the first sentence, by striking 2021 and inserting 2026; and

(2) in the second sentence, by striking $1,000,000 and inserting $3,000,000.

The Secretary shall establish and carry out a pilot program under which the Secretary shall provide to eligible entities described in subsection (c) loans and technical assistance in accordance with this section to carry out eligible projects described in subsection (b).

A project eligible to receive assistance under the pilot program under this section is a water supply or water conservation project that, as determined by the Secretary—

(A) is located in—

(i) the State of Alaska;

(ii) the State of Hawaii; or

(iii) a State or territory described in the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391);

(B) would—

(i) contribute directly or indirectly (including through groundwater recharge) to a safe, adequate water supply for domestic, agricultural, environmental, or municipal and industrial use; or

(ii) promote water conservation or water use efficiency; and

(C) is otherwise eligible for assistance under this section.

A project that supports an improvement to, or is associated with, a Bureau of Reclamation facility shall be eligible to receive assistance under the pilot program under this section if—

(A) the project meets the criteria described in paragraph (1);

(B) the eligible entity carrying out the project demonstrates to the satisfaction of the Secretary that the eligible entity is initiating and implementing the project for non-Federal purposes;

(C) the eligible entity retains or secures, through a long-term Federal property lease, operation and maintenance transfer agreement that provides for self-funding, or easement agreement with the Secretary, substantial control over the assets, operation, management, and maintenance of the project; and

(D) the project meets any other criteria that the Secretary may establish.

For projects eligible for assistance under this section and section 5028(a)(2)(B) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3907(a)(2)(B)), the Secretary may assist applicants in combining 1 or more projects into a single application in order to meet the minimum project cost of $5,000,000 required under that section.

The following entities are eligible to receive assistance under this section:

(1) An entity described in section 5025 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3904).

(2) A conservancy district, Reclamation district, irrigation district, or water district.

(3) A canal company or mutual water company.

(4) A water users’ association.

(5) An agency established by an interstate compact.

(6) An agency established under State law for the joint exercise of powers.

(7) Any other individual or entity that has the capacity to contract with the United States under the reclamation laws.

In selecting eligible projects to receive assistance under the pilot program under this section, the Secretary shall ensure diversity with respect to—

(A) project type; and

(B) geographical location within the States referred to in subsection (b)(1)(A).

The following provisions of law shall apply to the pilot program under this section:

(A) Sections 5022, 5024, 5027, 5028, 5029, 5030, 5031, 5032, and 5034(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3901, 3903, 3906, 3907, 3908, 3909, 3910, 3911, 3913(a)), except that—

(i) any reference contained in those sections to the Secretary of the Army shall be considered to be a reference to the Secretary;

(ii) any reference contained in those sections to an eligible project shall be considered to be a reference to an eligible project described in subsection (b);

(iii) paragraphs (1)(E) and (6)(B) of subsection (a), and subsection (b)(3), of section 5028 of that Act (33 U.S.C. 3907) shall not apply with respect to this section; and

(iv) subsections (e) and (f) of section 5030 of that Act (33 U.S.C. 3909) shall not apply with respect to this section.

(B) The agreement between the Administrator of the Environmental Protection Agency and the Commissioner of Reclamation required under section 4301 of the America’s Water Infrastructure Act of 2018 (33 U.S.C. 3909 note; Public Law 115–270), pursuant to which the Administrator shall retain responsibility for administering any loans under this section.

No project shall receive funding under this section unless the project complies with—

(A) applicable Federal environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(B) applicable State environmental laws.

There is authorized to be appropriated to the Secretary to carry out the pilot program under this section $150,000,000 for the period of fiscal years 2024 through 2028, to remain available until expended.

Of the funds made available pursuant to paragraph (1), the Secretary may use for administrative costs of carrying out the pilot program under this section (including for the provision of technical assistance to project sponsors pursuant to paragraph (3), to obtain any necessary approval, and for transfer to the Administrator of the Environmental Protection Agency to provide assistance in administering and servicing Federal credit instruments under the pilot program) not more than $5,000,000 for each applicable fiscal year.

Subject to subsection (b), the Commissioner may use the funds made available under paragraph (2) to provide assistance, including assistance to pay the costs of acquiring the rating opinion letters under paragraph (1)(D) of section 5028(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3907(a)), to assist project sponsors in obtaining the necessary approvals for small community projects that are eligible for assistance under paragraph (2)(B) of that section or subsection (b)(3).

Assistance provided to a project sponsor under subparagraph (A) may not exceed an amount equal to 75 percent of the total administrative costs incurred by the project sponsor in securing financial assistance under this section.

The Secretary (acting through the Commissioner of Reclamation) may provide grants or enter into contracts or financial assistance agreements that provide not more than 100 percent of the cost of the planning, design, or construction of water projects or facilities or features of water projects, the primary purpose of which is to improve the domestic water supplies of communities or households that do not have reliable access to domestic water supplies in sufficient quantities or of sufficient quality in a State or territory described in the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391).

There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for the period of fiscal years 2024 through 2028.

The Secretary shall use all or a portion of the funds made available under subsection (a) to incorporate into multiple benefit projects features or facilities to assist in providing domestic water supplies to disadvantaged communities.

Section 9603(b) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b(b)) is amended—

(1) in paragraph (1), by striking reimbursable purposes and inserting reimbursable and nonreimbursable purposes of the project and costs allocated to a reimbursable purpose;

(2) in paragraph (2), by striking costs and inserting costs, including reimbursable and nonreimbursable costs; and

(3) by adding at the end the following:

Any costs expended under paragraph (1) or advanced under paragraph (2) that are allocated to existing nonreimbursable purposes of the project, including costs to restore or add a public benefit (as defined in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act), shall be considered to be nonreimbursable costs for purposes of this subsection.

Section 9603 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b) is amended by adding at the end the following:

In this subsection:

The term adverse impact means, with respect to a project modification, a reduction in water quantity or quality or a change in the timing of water deliveries available to a project beneficiary from the modified project as compared to the water quantity or quality or timing of water deliveries from—

(i) the project with the original capacity restored, if the extraordinary operation and maintenance work under this section is intended to restore lost project capacity;

(ii) the project prior to undertaking the planning and design, if the extraordinary operation and maintenance work under this section is for any purpose other than to restore lost project capacity; or

(iii) project operations of the modified project without an increase in benefits for a new project beneficiary under paragraph (2)(E).

The term new benefit means the increase in benefits of the modified project compared to the benefits provided by—

(i) the project with the original capacity restored, if the extraordinary operation and maintenance work under this section is intended to restore lost project capacity; or

(ii) the project prior to undertaking the planning and design, if the extraordinary operation and maintenance work under this section is for any purpose other than to restore lost project capacity.

The term project beneficiary means any entity that has a repayment, long-term water service, or other form of long-term contract or agreement executed pursuant to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.), for water service from the project.

The term public benefit has the meaning given the term in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act.

In a case in which a project is anticipated to require extraordinary operation and maintenance work during the 10-year period beginning on January 1, 2023, the Secretary, in consultation with any transferred works operating entity and any project beneficiaries, may develop and carry out a proposal to modify project features to increase public benefits and other project benefits, including carrying out a feasibility study and conducting any applicable environmental analysis required for the proposal, subject to subparagraphs (B) through (F).

The maximum amount that may be added to the original project cost as a result of a project modification under subparagraph (A) shall not exceed—

(i) an amount equal to 25 percent of the original cost of the project, in the case of a project for which the original cost of the project exceeds $100,000,000; or

(ii) $25,000,000, in the case of a project for which the original cost of the project is not more than $100,000,000.

In the case of a project modification under subparagraph (A), not less than 50 percent of the new benefits provided by the modification of the project shall be public benefits.

A project modification under subparagraph (A) shall not be constructed until the date on which the Secretary has obtained the written consent of—

(i) the transferred works operating entity, if applicable; and

(ii) consistent with paragraph (3), any project beneficiary that would experience an adverse impact as a result of the modification of the project.

Any benefits that accrue to a new project beneficiary resulting from operations of the modified project shall not be increased without the consent of existing project beneficiaries that would experience an adverse impact as a result of the modification of the project.

The costs of planning, design, and environmental compliance for a project modification under subparagraph (A) shall be reimbursed in accordance with subsection (b), except that any of the costs that would otherwise be allocated to a project beneficiary shall be considered nonreimbursable if the project beneficiary does not receive any increase in long-term average annual water deliveries as a result of the modification.

The Secretary shall initially determine whether the consent of a project beneficiary is required prior to construction under paragraph (2)(D) based on whether the modification or subsequent operations of the modified project would have any adverse impacts on a project beneficiary.

The Secretary shall provide to the transferred works operating entity, if any, and any project beneficiaries, in writing—

(i) a description of the proposed modification and subsequent operations of the project; and

(I) a request for consent under paragraph (2)(D); or

(aa) an explanation that the Secretary has determined that no consent is required under paragraph (2)(D); and

(bb) a statement that if the project beneficiary believes that the consent of the project beneficiary is required, the project beneficiary shall send to the Secretary a reply not later than 30 days after the date of receipt of the notice that includes an explanation of the reasons that the project beneficiary would experience adverse impacts as a result of the project modification.

The Secretary shall respond in writing to any reply from a project beneficiary under subparagraph (B)(ii)(II)(bb) stating whether or not the Secretary determines that the project beneficiary would experience adverse impacts as a result of the project modification.

A written determination by the Secretary under clause (i) shall be considered to be a final agency action for purposes of section 704 of title 5, United States Code.

If the Secretary determines under clause (i) that the project beneficiary would experience adverse impacts as a result of the project modification, the Secretary shall send to the project beneficiary a written request for consent in accordance with subparagraph (B)(ii).

If written consent required under paragraph (2)(D) is not obtained by the date that is 1 year after the date on which written consent is requested under subparagraph (B)(ii), the Secretary or the transferred works operating entity, as applicable, shall proceed with extraordinary operation and maintenance work of the project without the modification, unless the Secretary extends the time for consent under clause (ii).

At the discretion of the Secretary, the Secretary may elect to extend the time for obtaining consent under paragraph (2)(D) by 1 year.

The Secretary shall allocate costs, including capital repayment costs and operation and maintenance costs, for a project modification under paragraph (2), to provide that—

(A) the public benefits provided by the modified project, including associated annual operation and maintenance costs, shall be nonreimbursable; and

(B) the cost allocation of reimbursable costs to each project beneficiary reflects any changes in the benefits that the modified project is providing to the project beneficiary.

The total amount of reimbursable capital costs, as determined under paragraph (4), for a project modification that would increase public benefits without increasing municipal, industrial, or irrigation benefits of a project, shall be reduced by 15 percent, with each project beneficiary to be responsible for 85 percent of the reimbursable costs that would otherwise be allocated to the project beneficiary.

All reimbursable costs under this subsection shall be repaid in accordance with subsection (b).

In this section:

The term dam safety investment means a project to satisfy dam safety standards—

(A) under the Federal Guidelines for Dam Safety issued by the Federal Emergency Management Agency or the Interagency Committee on Dam Safety;

(B) under the Bureau of Reclamation Dam Safety Program, including repayment of an obligation for a corrective action taken pursuant to that program; or

(C) required by the State in which a Bureau of Reclamation project or facility is located.

The term drought resilience investment means—

(A) an improvement or addition to an eligible facility that will increase drought resilience in a Reclamation State; or

(B) annual payments on repayment obligations incurred under section 9603 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b).

The term eligible facility means—

(A) a project or facility owned by the Bureau of Reclamation; and

(B) a non-Federal facility that stores, transports, or delivers water to or from a Bureau of Reclamation project or facility.

The term eligible temporary transfer means the temporary and voluntary selling, leasing, or exchanging of water or water rights among individuals or agencies that is allowable under the reclamation laws and the water law of the applicable State.

The term transferor means the holder of a water service, transferred works, water repayment, or other contract that entitles the holder to water from a Bureau of Reclamation project or facility that undertakes an eligible temporary transfer.

Notwithstanding the Act of February 25, 1920 (41 Stat. 451, chapter 86; 43 U.S.C. 521), or subsection J of section 4 of the Act of December 5, 1924 (43 Stat. 703, chapter 4; 43 U.S.C. 526), all amounts derived from an eligible temporary transfer that would otherwise be deposited in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391), shall remain available to the transferor.

Any funds retained by a transferor under paragraph (1) may be—

(A) used for a drought resilience investment or dam safety investment; or

(B) placed in the reserve account of the transferor, to be used for future drought resilience investments or dam safety investments, subject to paragraph (3).

Any funds placed in the reserve account of the transferor pursuant to paragraph (2)(B) that are not used for drought resilience investments or dam safety investments by the date that is 10 years after the date of the placement shall be transferred to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093).

The transferor shall report to the Commissioner of Reclamation on the use of any uses of funds derived from an eligible temporary transfer.

Nothing in this section—

(i) affects any other authority of the Secretary to use amounts derived from revenues from a Bureau of Reclamation project; or

(ii) creates, impairs, alters, or supersedes a State water right.

Any eligible temporary transfer shall comply with all applicable—

(i) State water laws;

(ii) Federal laws and policies; and

(iii) interstate water compacts.

This section supplements and amends the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.).

Section 4(c)(2) of the United States-Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962 note; Public Law 109–448) is amended by striking New Mexico or Texas and inserting New Mexico, Texas, or Arizona (other than an aquifer underlying Arizona and Sonora, Mexico, that is partially within the Yuma groundwater basin designated by the order of the Director of the Arizona Department of Water Resources dated June 21, 1984).

Section 8(a) of the United States-Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962 note; Public Law 109–448) is amended by striking $50,000,000 for the period of fiscal years 2007 through 2016 and inserting $50,000,000 for the period of fiscal years 2024 through 2028.

Section 9 of the United States-Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962 note; Public Law 109–448) is amended by striking enactment of this Act and inserting enactment of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act.

Section 40907 of the Infrastructure Investment and Jobs Act (43 U.S.C. 3207) is amended by striking subsection (a) and inserting the following:

In this section:

The term Committee means the Integrated Water Management Federal Leadership Committee established under subsection (f)(1).

The term eligible applicant means—

(A) a State;

(B) a Tribal or local government;

(C) an organization with power, water delivery, or water storage authority;

(D) a regional authority; or

(E) a nonprofit conservation organization.

The term project includes—

(A) planning, design, permitting, and preconstruction activities;

(B) construction, construction management, replacement, and other similar activities;

(C) management activities, including the acquisition of an interest in land or water, including the acquisition of a conservation easement;

(D) research, development, demonstration (including the demonstration of the scalability of a project or activity), and monitoring; and

(E) project administration activities, including the payment of fees associated with implementing the project or activity.

Section 40907(c)(1) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3207(c)(1)) is amended by striking subparagraph (B) and inserting the following:

(B) may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations that are express requirements of a permit or order issued under Federal or State law, unless such requirements expressly contemplate reliance on Federal funding in performance of the requirements.

Section 40907 of the Infrastructure Investment and Jobs Act (43 U.S.C. 3207) is amended by adding at the end the following:

In addition to other activities authorized under this section, the Secretary may undertake actions and enter into contracts and agreements to implement projects that implement watershed health, including projects described in subsection (b)(3), that—

(A) accomplish 1 or more of the purposes described in subsection (b); and

(B) are consistent with the requirements described in subsection (c).

The expenditures of the Secretary under this subsection and subsection (f) shall be nonreimbursable.

The purpose of this subsection is to authorize the Secretary to address habitat needs and promote collaborative, multi-benefit water management through water sharing arrangements that incorporate habitat and other public benefits into voluntary crop idling water transfers.

In approving a water transfer within a Federal reclamation project that results in voluntary fallowing of crop land in the Sacramento Valley or Sacramento-San Joaquin River Delta, the Secretary may acquire a portion of the volume of water made available for transfer if the Secretary determines that crop land idled because of the transfer would create temporary wildlife habitat with the application of the acquired water, subject to paragraph (3).

In acquiring water pursuant to paragraph (2), the Secretary shall—

(A) develop implementation guidelines in consultation with relevant stakeholders;

(B) only acquire a portion of the volume of water made available for transfer if the transferor and the transferee agree to the acquisition;

(C) negotiate a mutually agreeable volume of water for acquisition with the transferor and the transferee;

(D) pay not more per volume of water than the price negotiated between the transferor and transferee for the water to be transferred;

(E) compensate the transferor for any reasonable incremental costs associated with managing the water acquired to create temporary wildlife habitat; and

(F) apply the acquired water to idled crop land to create temporary wildlife habitat.

The Secretary shall give priority to approving and facilitating transfers under this subsection that incorporate voluntary habitat and other public benefits that exceed the benefits provided under regulatory requirements.

Water acquired by the Secretary under paragraph (2) shall be in addition to, and not a substitute for, actions required to meet obligations under existing law, including—

(A) the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575; 106 Stat. 4706); and

(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

The Secretary shall annually submit to the authorizing committees of Congress (as defined in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act) a report that describes, for the period covered by the report—

(A) the volume of water acquired under paragraph (2); and

(B) the extent and duration of temporary wildlife habitat created under that paragraph.

Not later than 180 days after the date on which an eligible entity or qualified partner sponsoring a habitat restoration project that receives a grant under this section submits to the Secretary a request for the establishment of the Integrated Water Management Federal Leadership Committee, the Secretary shall establish the Integrated Water Management Federal Leadership Committee.

The Assistant Secretary for Water and Science of the Department of the Interior shall—

(A) serve as the chairperson of the Committee; and

(B) coordinate the activities of, and communication among, members of the Committee.

The Committee shall include representatives of Federal agencies with responsibility for water and natural resource issues, including representatives of—

(A) the Bureau of Reclamation;

(B) the United States Fish and Wildlife Service;

(C) the National Marine Fisheries Service;

(D) the Corps of Engineers;

(E) the Environmental Protection Agency; and

(F) the Department of Agriculture.

The members of the Committee shall establish the duties and responsibilities of the Committee, including—

(A) facilitating communication and collaboration among Federal agencies to support and advance any projects for which an eligible entity or qualified partner requests the assistance of the Committee;

(B) ensuring the effective coordination among relevant Federal agencies and departments to ensure accelerated implementation of any projects for which an eligible entity or qualified partner requests the assistance of the Committee; and

(C) making policy and budgetary recommendations, if determined to be appropriate by the Committee, to support the implementation of projects.

On request of an eligible entity or a qualified partner for a habitat restoration project, the Committee shall assist that project with permit processing and interagency coordination.

In addition to amounts made available under section 40901(11), there is authorized to be appropriated to the Secretary $250,000,000 to carry out this section for the period of fiscal years 2024 through 2028, of which—

(1) $150,000,000 shall be made available for the competitive grant program described in subsection (b); and

(2) $100,000,000 shall be made available for other actions described in subsection (e) and to carry out subsection (f).

Nothing in this section affects or modifies—

(1) the obligations of the Secretary under—

(A) the reclamation laws; or

(B) Federal environmental laws, including—

(i) the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575; 106 Stat. 4706); and

(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

(2) the obligations of a non-Federal party to comply with applicable Federal and State laws.

In this section:

The term eligible project means a habitat or ecosystem restoration, mitigation, or enhancement project or activity authorized individually or through an existing Federal program.

The term eligible restoration provider means a non-Federal for-profit or nonprofit organization, company, or corporation, or a State, Tribal, or local government, that is bonded, insured, and experienced in financing and completing successful habitat and restoration, mitigation, and enhancement activities.

The term performance-based means, with respect to a contract, grant agreement, cooperative agreement, or fixed amount award, a pay-for-performance, pay-for-success, pay-for-results, or similar model by which the restoration provider agrees to finance and complete habitat or ecosystem restoration, mitigation, or enhancement activities, with payment to the restoration provider linked to delivery of verifiable and successful ecological performance, based on metrics and the timeframe established in advance by the Secretary.

The term restoration provider means a non-Federal organization that performs restoration services contracted for, agreed to, or awarded under a contract or agreement entered into under subsection (b)(1).

Subject to subsection (j), in implementing existing authorities under Federal law related to habitat and ecosystem restoration, mitigation, or enhancement, the Secretary may enter into performance-based contracts, grant agreements, and cooperative agreements, including providing funding through fixed amount awards, with eligible restoration providers for the conduct of eligible projects for which ecological targets and outcomes are—

(A) clearly defined;

(B) agreed to in advance; and

(C) capable of being successfully achieved.

For purposes of paragraph (1), the Secretary may enter into performance-based contracts with eligible restoration providers experienced in financing and completing successful ecological habitat and restoration, mitigation, and enhancement activities.

For purposes of paragraph (1), the Secretary—

(A) may provide funding through grant agreements and cooperative agreements, including fixed amount awards, for eligible projects; and

(B) shall allow for the use of performance-based tools in the agreements and awards described in subparagraph (A).

For purposes of paragraph (1), the Secretary—

(A) may allow funding provided to States, local governments, Indian Tribes, and nonprofit organizations to be passed through to third-party eligible restoration providers under a contract or agreement entered into under that paragraph; and

(B) shall allow for the use of performance-based tools in grant and cooperative agreements entered into with eligible restoration providers under that paragraph.

The Secretary may use performance-based contracts, grant agreements, and cooperative agreements, including fixed amount awards, issued under this section for multi-year agreements, including capacity for multi-year payment schedules for professional services, subject to appropriations prior to obligation.

Not later than 1 year after the date of enactment of this Act, the Secretary shall develop programmatic guidelines for the use of performance-based contracts, grant agreements, and cooperative agreements for eligible projects authorized under subsection (b)(1).

In developing the guidelines under paragraph (1), the Secretary shall consult with external organizations and other appropriate entities with experience in performance-based contracts, agreements, or awards, consistent with sections 6302 through 6305 of title 31, United States Code.

Consultation with the organizations and entities described in subparagraph (A) shall not constitute or necessitate establishment of an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.).

At a minimum, guidelines developed under paragraph (1) shall include guidance on—

(A) appropriate proposal and evaluation criteria for eligible projects;

(B) eligibility criteria for restoration providers;

(C) criteria for defining achievable ecological outcomes; and

(D) determination of restoration provider financial assurances sufficient to ensure ecological outcomes will be successfully achieved.

The Secretary shall—

(1) identify eligible projects for the use of contracts and agreements under subsection (b)(1); and

(2) issue a request for proposals from eligible restoration providers to meet the ecological requirements of habitat and ecosystem restoration, mitigation, and enhancement for the eligible projects identified under paragraph (1).

After the date on which an eligible project identified under subsection (d)(1) is completed, the Secretary shall certify that the work on the eligible project was completed in accordance with the ecological requirements and outcomes defined in advance in the applicable contract or agreement.

At the request of an eligible restoration provider entering into a contract or agreement with the Secretary under subsection (b)(1), the Secretary may provide to the eligible restoration provider technical assistance with respect to—

(1) conducting a study, engineering activity, or design activity related to an eligible project carried out by the eligible restoration provider under this section; and

(2) obtaining permits necessary for the eligible project.

Nothing in this section authorizes the Secretary to waive—

(1) the obligations of the Secretary under—

(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or

(D) any other provision of Federal environmental law; or

(2) the obligations of a non-Federal party to comply with applicable Federal and State laws.

The restoration provider may finance the applicable non-Federal share of an eligible project carried out under the authority provided under subsection (b)(1), on the condition that the non-Federal cost-share responsibility remains with the non-Federal party.

Nothing in this section affects a cost-sharing requirement under Federal law that is applicable to an eligible project carried out under the authority provided under subsection (b)(1).

Nothing in this section authorizes Federal funding to meet existing environmental mitigation or compliance obligations that are express requirements of a permit or order issued under Federal or State law, unless the requirements expressly contemplate reliance on Federal funding for the performance of the requirements.

Not later than 3 years after the date of enactment of this Act, the Secretary shall—

(A) submit to the authorizing committees of Congress and make publicly available a report describing the results of activities carried out under the authority established under subsection (b)(1), including any recommendations of the Secretary on whether the authority or any component of the authorized activities should be implemented on a national basis; and

(B) except as provided in subsection (g), identify any procedural requirements that impede the use of performance-based contracts, grants, and cooperative agreements, including fixed amount awards, for the development and completion of eligible projects.

Not later than 1 year after the date on which the Secretary identifies impediments, if any, under paragraph (1)(B), the Secretary shall develop and implement programmatic procedures and approaches, including recommendations to the authorizing committees of Congress on legislation, that would—

(A) to the extent practicable, address the impediments; and

(B) protect the public interest and any public investment in eligible projects carried out under this section.

Section 101 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2211) is amended—

(1) in subsection (a)—

(A) in the first sentence, by striking Consistent and inserting the following:

Subject to paragraph (2) and consistent;

(B) in paragraph (1) (as so designated), in the second sentence, by striking Any construction activities and inserting the following:

Any construction activities; and

(C) in paragraph (2) (as so designated), by striking except that and all that follows through the period at the end and inserting the following: except that the following may be permanent facilities:

(A) A construction project—

(i) for which Federal expenditures are not more than $30,000,000; and

(ii) that is supported by—

(I) the Governor or the relevant agency head of the affected State; or

(II) if the construction project is on a reservation, by the affected Indian Tribe.

(B) A well drilled to minimize losses and damages from drought conditions that—

(i) aligns with applicable local, State, or regional groundwater sustainability goals; or

(ii) supports drinking water supplies for a disadvantaged community (as defined in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act) or Indian Tribe.; and

(2) by adding at the end the following:

For any fiscal year for which, due to a drought, as determined by the Secretary, there are insufficient funds to carry out any environmental program that is funded in whole or in part by fees based on the water volume of water delivered by a Federal reclamation project (including fees collected under section 3407(c) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4726)), the Secretary may use other unobligated amounts made available to the Secretary to carry out the environmental program for the fiscal year.

Notwithstanding any other provision of law, amounts made available under paragraph (1) shall be nonreimbursable.

Nothing in this subsection affects—

(A) the authority of the Secretary to address insufficient funding for an environmental program described in paragraph (1) that is not a result of a drought; or

(B) the obligations of the Secretary to the environment under Federal law.

Section 104 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214) is amended—

(1) by striking subsection (a) and inserting the following:

The programs and authorities established under this title shall not become operative in any Reclamation State or in the State of Hawaii until the date on which—

(A) the Governor of the affected State, and the governing body of the affected Indian Tribe with respect to a reservation, has made a request for temporary drought assistance; and

(B) the Secretary has determined that the temporary assistance is merited;

(2) a drought emergency has been declared for a State or portion of a State by the Governor of each affected State; or

(3) a drought contingency plan is approved in accordance with title II.; and

(2) in subsection (c), by striking 2021 and inserting 2031.

Section 9504(a)(3) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)(3)) is amended by adding at the end the following:

A grant or agreement entered into by the Secretary with any eligible applicant under paragraph (1) to drill a groundwater well for municipal supply to minimize losses and damages from drought conditions, including construction activities to transport or otherwise convey groundwater pumped from the well, shall not contribute to an increase in the net water use of the eligible applicant beyond the period of any drought emergency, except if—

(i) the groundwater well is for the purpose of supplying drinking water for a disadvantaged community (as defined in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act) or Indian Tribe; or

(ii) the new groundwater use is partially offset by aquatic habitat enhancement—

(I) during the drought period; or

(II) over the long-term, including a future drought period.

For purposes of amounts made available to carry out this section under paragraph (7) of section 40901 of the Infrastructure Investment and Jobs Act (43 U.S.C. 3201) for each of fiscal years 2025 and 2026, projects or activities eligible for funding under that paragraph may include a combination of proposed planning activities, actions, or projects within a basin, with the maximum amount of the combined activities not to exceed the maximum amount established under subparagraph (E)(iii).

Section 602(c)(4) of the Social Security Act (42 U.S.C. 802(c)(4)) is amended—

(1) in the paragraph heading, by striking bureau of reclamation; and

(2) by striking an authorized Bureau of Reclamation project and inserting a project undertaken or funded by the Bureau of Reclamation pursuant to an Act of Congress.

Section 603(c)(5) of the Social Security Act (42 U.S.C. 803(c)(5)) is amended by striking an authorized Bureau of Reclamation project and inserting a project undertaken or funded by the Bureau of Reclamation pursuant to an Act of Congress.

No water recycling project, non-Federal storage project, eligible desalination project, project eligible for a loan under the pilot program under section 105, or a project eligible for a grant under section 106 shall receive Federal funding under this Act unless the applicable project complies with—

(1) applicable Federal environmental laws; and

(2) applicable State environmental laws.

Nothing in this Act or an amendment made by this Act shall be interpreted or implemented in a manner that interferes with any obligation of a State under the Rio Grande Compact or any other compact approved by Congress under the Act of May 31, 1939 (53 Stat. 785, chapter 155), or any litigation relating to the Rio Grande Compact or other compact.