Section 1. Short title
This Act may be cited as the Making Our communities Resilient through Enhancing Water for Agriculture, Technology, the Environment, and Residences Act or the MORE WATER Act.
(a) Definitions
In this section:
(1) Conveyance project
The term conveyance project means a project for the undertaking of a new or improved water conveyance facility, or the restoration of the capacity of an existing water conveyance facility, that is located in a Reclamation State.
(2) Eligible entity
The term eligible entity means—
(A) a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or any State or regional organization with statutory water or power delivery authority;
(B) a State, regional, or local authority, the members of which include 1 or more organizations that—
(i) have water or power delivery authority; or
(ii) are responsible for operating conveyance facilities as a transferred works under the reclamation laws and Bureau of Reclamation policy;
(C) an agency established under State law for the joint exercise of powers; and
(D) any combination of entities described in subparagraphs (A) through (C).
(3) Indian Tribe
The term Indian Tribe has the meaning given the term Indian tribe in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
(4) Low-income community
The term low-income community has the meaning given the term in section 45D(e) of the Internal Code of 1986 (including any regulations issued under that section), including Tribal communities.
(5) Multi-benefit project
The term multi-benefit project means a conveyance project that provides in the region of the conveyance project benefits that include not fewer than 1 of the following quantified, significant benefits:
(A) Safe drinking water benefits for low-income communities.
(B) Environmental benefits.
(6) Program
The term Program means the Water Conveyance Improvement Program established under subsection (b).
(7) Project proponent
The term project proponent means an eligible entity that—
(A) plans and develops a non-Federal conveyance project; or
(B) operates an existing Reclamation project that is a transferred works.
(8) Project sponsor
The term project sponsor means an eligible entity that contributes to the non-Federal share of a conveyance project.
(9) Reclamation project
The term Reclamation project means a Bureau of Reclamation project that is owned by the United States.
(10) Reclamation State
The term Reclamation State means a State or territory described in the first section of the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093).
(11) Safe drinking water
The term safe drinking water means water that meets all applicable Federal and State primary and secondary drinking water standards.
(12) Secretary
The term Secretary means the Secretary of the Interior (acting through the Commissioner of Reclamation).
(13) Stakeholder
The term stakeholder means—
(A) with respect to safe drinking water benefits for low-income communities—
(I) an elected executive official with applicable authority or legislative body representing a low-income community (or a delegate); and
(II) any agency exercising primary enforcement responsibility for public water systems in the State in which the applicable project is located;
(ii) an Indian Tribe receiving safe drinking water benefits; or
(iii) a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code with—
(I) a demonstrated track record of supporting improved access to safe drinking water for low-income communities in the region of the applicable project; and
(II) no financial conflict of interest with the project proponent or any project sponsor, except that other instances of partnership on similar projects shall not be considered a financial conflict of interest for purposes of this subclause; and
(B) with respect to environmental benefits—
(i) a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code with—
(I) a demonstrated track record of supporting environmental restoration in the region of the applicable project, including species or species habitat; and
(II) no financial conflict of interest with the project proponent or any project sponsor, except that other instances of partnership on similar projects shall not be considered a financial conflict of interest for purposes of this subclause; or
(ii) an Indian Tribe, if the project is within the current or former reservation or aboriginal territory of the Indian Tribe.
(14) Water supply benefit
The term water supply benefit means—
(A) an irrigation benefit;
(B) a general drinking water benefit; and
(C) operational flexibility that allows the Bureau of Reclamation to provide multiple benefits, including any of the benefits described in subparagraphs (A) and (B).
(b) Establishment of program
The Secretary shall establish within the Bureau of Reclamation a Water Conveyance Improvement Program to provide authority to participate in, and provide grants to, conveyance projects.
(1) In general
On the request of any State, department, agency, or subdivision of a State, or any public agency organized pursuant to State law, the Secretary may provide a grant to, and enter into an agreement on behalf of the United States for the design, study, and construction of, a conveyance project as part of a new Reclamation project, a new division of a Reclamation project, a new supplemental works on a Reclamation project, or the restoration or improvement of the capacity of an existing Reclamation project, in accordance with this subsection.
(2) Project commencement
The construction of a conveyance project that is the subject of an agreement under this subsection shall not commence until the date on which the Secretary—
(A) determines that the conveyance project is feasible in accordance with the reclamation laws; and
(B) secures an agreement providing the funding necessary to pay the non-Federal share of the costs of the conveyance project in accordance with subsection (e).
(3) Feasibility determination
In determining feasibility under paragraph (2)(A), the Secretary shall review and approve a feasibility analysis provided by a project sponsor if the Secretary determines that the analysis meets Bureau of Reclamation policy relating to the preparation of a feasibility study.
(A) In general
A project proponent may submit to the Secretary a proposal for the design, study, and construction of a conveyance project to be provided a grant under this section.
(B) Form
The project proponent may submit a proposal under subparagraph (A) in the form of a completed feasibility study or any other means that provide information to support a determination that the conveyance project is eligible for a grant in accordance with paragraph (2).
(2) Requirements
The Secretary may provide to the project proponent a grant for a conveyance project and enter into an agreement on behalf of the United States with the project proponent for the administration of the grant if—
(A) the project proponent determines, and the Secretary concurs, through the preparation of a feasibility study that is streamlined to the maximum extent practicable, that the conveyance project—
(i) is technically and financially feasible; and
(ii) is consistent with applicable Federal and State law;
(B) the project proponent has sufficient non-Federal funding available to complete the conveyance project, as determined by the Secretary;
(C) the project proponent is financially solvent, as determined by the Secretary; and
(D) not later than 60 days after the date on which the Secretary concurs with the determination under subparagraph (A) with respect to the conveyance project, the Secretary submits to Congress written notice of the determination.
(1) In general
The Federal share of a conveyance project funded under this section shall not exceed 50 percent of the total cost of studies, planning, design, and construction of the conveyance project.
(2) Projects that are not multi-benefit
The Federal share of a conveyance project other than a multi-benefit project funded under this section may be used—
(A) solely for water supply benefits; or
(B) on the approval by the Secretary and, in the case of a non-Federal conveyance project or an existing Reclamation project that is a transferred works, at the request of the project proponent, for a combination of—
(i) water supply benefits;
(ii) safe drinking water benefits for low-income communities;
(iii) environmental benefits; or
(iv) other benefits in accordance with the reclamation laws.
(3) Multi-benefit projects
In the case of a multi-benefit project funded under this section—
(A) the Federal share of not more than 30 percent of the costs of studies, planning, design, and construction of the multi-benefit project may be used for any of the benefits described in paragraph (2); and
(B) an additional Federal share of not more than 20 percent of the costs of studies, planning, design, and construction of the multi-benefit project may be used for—
(i) quantified, significant safe drinking water benefits for low-income communities in accordance with subsection (f)(2)(A);
(ii) quantified, significant environmental benefits described in subsection (f)(3); or
(iii) a combination of the benefits described in clauses (i) and (ii).
(4) Agreement
The project proponent or the Secretary, in the case of any Reclamation-led conveyance project that is a new project or involves a reserved works, shall enter into an agreement with 1 or more applicable stakeholders representing multi-benefit interests that describes the benefits authorized under paragraph (3)(B) proposed for the conveyance project.
(A) In general
A conveyance project with a total cost of not less than $800,000,000 that is funded under this section shall be a multi-benefit project.
(B) Less than $800,000,000
The Secretary shall ensure that not less than 50 percent of conveyance projects with a total cost of less than $800,000,000 that are funded under this section shall be multi-benefit projects.
(A) In general
The Federal funding for quantified, significant safe drinking water benefits for low-income communities referred to in subsection (e)(3)(B)(i) may be provided—
(i) directly, by paying for a sufficient proportion of the capacity of the conveyance project (or, in the case of a conveyance project restoring the original capacity of a conveyance facility, paying for sufficient water from the conveyance project) and any additional infrastructure necessary to deliver safe drinking water to a low-income community or other resource or facility accessible to the community;
(ii) indirectly, by—
(I) supporting a low-income ratepayer assistance program for a project sponsor, a member agency of a project sponsor, or a drinking water district in the region of the conveyance project; or
(II) contributing to a Federal or State program that assists in delivering safe drinking water to low-income communities;
(iii) indirectly, by paying for a sufficient proportion of the project capacity during high-flow periods to provide a specific quantity of water (or, in the case of a conveyance project restoring the original capacity of a conveyance facility, paying for sufficient water from the conveyance project), with 1 of the project sponsors in return delivering the same quantity of water to the community through an exchange, banking water in a groundwater basin during times of excess for subsequent delivery to the low-income community;
(iv) indirectly, by paying for enhancement, repair, or upgrades to a Bureau of Indian Affairs conveyance facility in the region of the project;
(v) by any other direct or indirect means to provide safe drinking water to a low-income community; or
(vi) through a combination of the methods authorized under clauses (i) through (v).
(B) Delivery of water for drinking
Delivery of water for drinking purposes shall be considered to be safe drinking water benefits for low-income communities for purposes of this section if—
(i) facilities exist to treat the water that is to become safe drinking water; or
(ii) the stakeholders representing the applicable low-income communities agree that there are viable plans and funding sources (including Federal or State funding) to treat the delivered water or exchanged water that is to become safe drinking water.
(C) Inclusion
Any benefits described in subparagraph (A) that are safe drinking water benefits for low-income ratepayers shall be considered to meet the requirements for safe drinking water benefits for low-income communities under this section.
(D) Effect
Nothing in this section requires a project proponent or project sponsor to pay for treatment of water delivered to low-income communities, other than low-income communities with which the project proponent or the project sponsor has an existing contractual relationship to deliver treated water.
(3) Description of environmental benefits
The quantified, significant environmental benefits referred to in subsection (e)(3)(B)(ii) include—
(A) benefits to a species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or other species of concern affected by operation of Reclamation projects or State or local water projects;
(B) additional flows to an inland water body, including the Great Salt Lake, either directly or indirectly through an exchange;
(C) benefits that improve aquatic or terrestrial habitats in the region of the proposed conveyance project;
(D) contributions to a Federal or State program that provides environmental benefits in the region of the project;
(E) delivery of additional water to wildlife refuges, either directly or indirectly through an exchange; or
(F) strategically designed actions that simultaneously achieve environmental and other benefits, such as habitat restoration or efforts to recover species that—
(i) improve the operation of the conveyance project; or
(ii) have water supply or flood protection benefits.
(4) Types of projects
Of the multi-benefit projects funded under this section, the Secretary shall ensure that, to the maximum extent practicable—
(A) 50 percent provide at least some environmental benefits (or a combination of environmental benefits and safe drinking water benefits for low-income communities); and
(B) 50 percent provide at least some safe drinking water benefits for low-income communities (or a combination of safe drinking water benefits for low-income communities and environmental benefits).
(A) In general
During the first 2 years in which a multi-benefit project is being constructed, the applicable project sponsor may apply for and receive Federal funds for construction costs authorized under subsection (e)(3)(A), subject to subparagraph (C).
(B) Design
Subject to the provisions of this paragraph, to the maximum extent practicable, the project proponent shall seek to integrate environmental benefits and safe drinking water benefits for low-income communities into the design of the applicable multi-benefit project.
(C) Requirement
To be eligible for Federal funds under subparagraph (A), the applicable project proponent shall—
(i) commit to include safe drinking water benefits for low-income communities or environmental benefits in the multi-benefit project on the date on which Federal funds are provided under that subparagraph;
(ii) demonstrate that the project sponsor is in negotiations to add multi-benefit project elements with stakeholders representing the environment or safe drinking water for low-income communities; and
(iii) not later than 2 years after the date on which the project sponsor first receives construction funding for the project under subsection (e)(3)(A), submit a proposal for additional funding under subsection (e)(3)(B) that is consistent with the applicable agreement entered into under subsection (e)(4).
(i) In general
Subject to clauses (ii) and (iii), on submission of a proposal for additional funding under subparagraph (C)(iii), for any subsequent 5-year period for which Federal funds are made available for the applicable multi-benefit project under this section—
(I) 60 percent shall be made available for costs relating to the benefits referred to in subsection (e)(3)(A); and
(II) 40 percent shall be made available for costs relating to environmental benefits or safe drinking water benefits for low-income communities in accordance with this subsection.
(ii) Modification
Notwithstanding clause (i), the project proponent or the Secretary, in the case of any Reclamation-led conveyance project that is a new project or involves a reserved works, and any stakeholders representing multi-benefit interests subject to an agreement referred to in subsection (e)(4) may by mutual agreement modify the ratio of funding for different components of the conveyance project established under clause (i) for funding over the specified 5-year period.
(iii) Allocation of total funding
The Secretary shall ensure that the total allocation of funding for a multi-benefit project shall reflect the ratio of funding established under clause (i).
(g) Criteria for selecting conveyance projects
In determining whether to select a conveyance project for a grant under this section, the Secretary shall consider—
(1) the Federal benefits of the conveyance project;
(2) whether the conveyance project, in the judgment of the Secretary, is well-designed to achieve the benefits of the conveyance project at a reasonable cost;
(3) whether the conveyance project meets a critical need at the national, State, regional, or local level;
(4) whether the conveyance project assists the Federal Government in honoring contracts of the Federal Government;
(5) diversity in the geography and size of conveyance projects; and
(6) such other factors as the Secretary determines appropriate.
(h) Total dollar cap
The Secretary shall not impose a total dollar cap on Federal funds under this section for any individual conveyance project funded under the Program.
(i) New conveyance facility
No Federal funds are authorized under this section for any new conveyance facility that costs more than $5,000,000,000.
(j) Reimbursability of funds
Any Federal funds provided by the Secretary under the Program shall be nonreimbursable to the United States, including—
(1) funding of Reclamation-led conveyance projects under subsection (c); and
(2) grants to eligible entities for non-Federal conveyance projects under subsection (d).
(k) Funding eligibility
A conveyance project shall not be considered ineligible for funding under the Program on the basis of the conveyance project receiving assistance under any other Federal funding program or Federal joint use agreement.
(l) Applicable law
A conveyance project funded under the Program shall be consistent with applicable Federal, State, and Tribal law.
Section 5. Offset from extension of certain provisions
Section 4013 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322) is amended—
(1) in paragraph (1), by striking and at the end;
(2) in paragraph (2), by striking in and inserting under;
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following:
(2) section 4009(c), section 4010(b)(2), and subsections (a), (b), (c), (d), and (f) of section 4011, which shall expire 15 years after that date of enactment; and
(4) .