,,ii #aacth ,,congress #b;d ,session ,s4 #bgga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjad ,mrs4 ,boxer 7for herself and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to establish a ,water,sense program1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,water in the #bast ,century ,act or ,w#ba4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definition of ,administrator4 ,,title ,i--,conservation and efficiency ,sec4 #aja4 ,water efficiency1 conservation1 and adaptation4 ,,title ,,ii--,recycling1 storage1 and integrated water management ,sec4 #bja4 ,definitions4 ,subtitle ,a--,innovative financing ,sec4 #baa4 ,purposes4 ,sec4 #bab4 ,authority to provide assistance4 ,sec4 #bac4 ,applications4 ,sec4 #bad4 ,eligibility for assistance4 ,sec4 #bae4 ,determination of eligibility and project selection4 ,sec4 #baf4 ,secured loans4 ,sec4 #bag4 ,program administration4 ,sec4 #bah4 ,state and local permits4 ,sec4 #bai4 ,regulations4 ,sec4 #bbj4 ,funding4 ,sec4 #bba4 ,report to ,congress4 ,subtitle ,b--,integrated regional water management1 reclamation1 and recycling projects ,sec4 #bca4 ,water storage projects4 ,sec4 #bcb4 ,authorization of appropriations4 ,subtitle ,c--,title transfers ,sec4 #bda4 ,authorization to transfer title4 ,,title ,,iii--,innovation through research1 data1 and technology ,sec4 #cja4 ,open water data system4 ,sec4 #cjb4 ,water ,resources ,research ,act amendments4 ,sec4 #cjc4 ,reauthorization of ,water ,desalination ,act of #aiif4 ,sec4 #cjd4 ,review of reservoir operations4 ,,title ,,iv--,drought preparedness and resilience ,sec4 #dja4 ,national drought resilience guidelines4 ,sec4 #djb4 ,drought preparedness for fisheries4 #b4 ,definition of ,administrator ,in this ,act1 the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 ,i ,conservation and efficiency #aja4 ,water efficiency1 conservation1 and adaptation 7a7 ,water,sense 7#a7 ,in general ,there is established within the ,environmental ,protection ,agency a ,water,sense program to identify and promote water efficient products1 buildings1 landscapes1 facilities1 processes1 and services so as-- 7,a7 to reduce water use2 7,b7 to reduce the strain on water1 wastewater1 and stormwater infrastructure2 7,c7 to conserve energy used to pump1 heat1 transport1 and treat water2 and 7,d7 to preserve water resources for future generations1 through voluntary labeling of1 or other forms of communications about1 products1 buildings1 landscapes1 facilities1 processes1 and services that meet the highest water efficiency and performance criteria4 7#b7 ,duties ,the ,administrator shall-- 7,a7 establish-- 7i7 a ,water,sense label to be used for certain items2 and 7ii7 the procedure by which an item may be certified to display the ,water,sense label2 7,b7 promote ,water,sense-labeled products1 buildings1 landscapes1 facilities1 processes1 and services in the marketplace as the preferred technologies and services for-- 7i7 reducing water use2 and 7ii7 ensuring product and service performance2 7,c7 work to enhance public awareness of the ,water,sense label through public outreach1 education1 and other means2 7,d7 preserve the integrity of the ,water,sense label by-- 7i7 establishing and maintaining performance criteria so that products1 buildings1 landscapes1 facilities1 processes1 and services labeled with the ,water,sense label perform as well or better than less water-efficient counterparts2 7ii7 overseeing ,water,sense certifications made by third parties2 7iii7 conducting reviews of the use of the ,water,sense label in the marketplace and taking corrective action in any case in which misuse of the label is identified2 and 7iv7 carrying out such other measures as the ,administrator determines to be appropriate2 7,e7 regularly review and1 if appropriate1 update ,water,sense criteria for categories of products1 buildings1 landscapes1 facilities1 processes1 and services1 at least once every #f years2 7,f7 to the maximum extent practicable1 regularly estimate and make available to the public the production and relative market shares of1 and the savings of water1 energy1 and capital costs of water1 wastewater1 and stormwater infrastructure attributable to the use of ,water,sense-labeled products1 buildings1 landscapes1 facilities1 processes1 and services1 at least annually2 7,g7 solicit comments from interested parties and the public prior to establishing or revising a ,water,sense category1 specification1 installation criterion1 or other criterion2 7,h7 provide reasonable notice to interested parties and the public of any changes 7including effective dates71 on the adoption of a new or revised category1 specification1 installation criterion1 or other criterion1 along with-- 7i7 an explanation of the changes2 and 7ii7 as appropriate1 responses to comments submitted by interested parties and the public2 7,i7 provide appropriate lead time 7as determined by the ,administrator7 prior to the applicable effective date for a new or significant revision to a category1 specification1 installation criterion1 or other criterion1 taking into account the timing requirements of the manufacturing1 marketing1 training1 and distribution process for the specific product1 building and landscape1 or service category addressed2 7,j7 identify and1 if appropriate1 implement other voluntary approaches in commercial1 institutional1 residential1 industrial1 and municipal sectors to encourage recycling and reuse technologies to improve water efficiency or lower water use2 and 7,k7 if appropriate1 authorize the ,water,sense label for use on products that are labeled by the ,energy ,star program implemented by the ,administrator and the ,secretary of ,energy4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7,a7 #e1jjj1jjj for fiscal year #bjae2 7,b7 #aj1jjj1jjj for fiscal year #bjaf2 7,c7 #ae1jjj1jjj for fiscal year #bjag2 7,d7 #bj1jjj1jjj for fiscal year #bjah2 and 7,e7 for each subsequent fiscal year1 the applicable amount for the preceding fiscal year1 as adjusted to reflect changes for the #ab-month period ending the preceding ,november #cj in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor4 7b7 ,state residential water efficiency and conservation incentives program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means a ,state government1 local or county government1 tribal government1 wastewater or sewerage utility1 municipal water authority1 energy utility1 water utility1 or nonprofit organization that meets the requirements of paragraph 7#b74 7,b7 ,incentive program ,the term incentive program means a program for administering financial incentives for consumer purchase and installation of water-efficient products1 buildings 7including new water-efficient homes71 landscapes1 processes1 or services described in paragraph 7#b77;,a74 7,c7 ,residential water-efficient product1 building1 landscape1 process1 or service 7i7 ,in general ,the term residential water-efficient product1 building1 landscape1 process1 or service means a product1 building1 landscape1 process1 or service for a residence or its landscape that is rated for water efficiency and performance-- 7,i7 by the ,water,sense program2 or 7,,ii7 if a ,water,sense specification does not exist1 by the ,energy ,star program or an incentive program approved by the ,administrator4 7ii7 ,inclusions ,the term residential water-efficient product1 building1 landscape1 process1 or service includes-- 7,i7 faucets2 7,,ii7 irrigation technologies and services2 7,,iii7 point-of-use water treatment devices2 7,,iv7 reuse and recycling technologies2 7,v7 toilets2 7,,vi7 clothes washers2 7,,vii7 dishwashers2 7,,viii7 showerheads2 7,,ix7 xeriscaping and other landscape conversions that replace irrigated turf2 7,x7 new water efficient homes certified under the ,water,sense program2 7,,xi7 green stormwater installations such as permeable pavement1 rain gardens1 rain barrels1 and green roofs2 7,,xii7 composting solutions complementary to water use and water quality2 and 7,,xiii7 other water-efficient products1 services1 processes1 or behavioral water efficiency solutions that address the objectives of the ,water,sense program4 7,d7 ,water,sense program ,the term ,water,sense program means the program established by subsection 7a74 7#b7 ,eligible entities ,an entity shall be eligible to receive an allocation under paragraph 7#c7 if the entity-- 7,a7 establishes 7or has established7 an incentive program to provide financial incentives to residential consumers for the purchase of residential water-efficient products1 buildings1 landscapes1 processes1 or services2 7,b7 submits an application for the allocation at such time1 in such form1 and containing such information as the ,administrator may require2 and 7,c7 provides assurances satisfactory to the ,administrator that the entity will use the allocation to supplement1 but not supplant1 non-,federal funds made available to carry out the incentive program4 7#c7 ,amount of allocations ,for each fiscal year1 the ,administrator shall determine the amount to allocate to each eligible entity to carry out paragraph 7#d71 taking into consideration-- 7,a7 the population served by the eligible entity during the most recent calendar year for which data are available2 7,b7 the targeted population of the incentive program of the eligible entity1 such as general households1 low-income households1 or first-time homeowners1 and the probable effectiveness of the incentive program for that population2 7,c7 for existing programs1 the effectiveness of the program in encouraging the adoption of water-efficient products1 buildings1 landscapes1 facilities1 processes1 and services2 7,d7 any allocation to the eligible entity for a preceding fiscal year that remains unused2 and 7,e7 the per capita water demand of the population served by the eligible entity during the most recent calendar year for which data are available and the availability or reliability of water supplies to the eligible entity4 7#d7 ,use of allocated funds ,funds allocated to an eligible entity under paragraph 7#c7 may be used to pay up to #ej percent of the cost of establishing and carrying out an incentive program4 7#e7 ,issuance of incentives 7,a7 ,in general ,financial incentives may be provided to residential consumers that meet the requirements of the applicable incentive program4 7,b7 ,manner of issuance ,an eligible entity may-- 7i7 issue all financial incentives directly to residential consumers2 or 7ii7 with approval of the ,administrator1 delegate all or part of financial incentive administration to other organizations1 including local governments1 municipal water authorities1 water utilities1 and nonprofit organizations4 7,c7 ,amount ,the amount of a financial incentive shall be determined by the eligible entity1 taking into consideration-- 7i7 the amount of any ,federal or ,state tax incentive available for the purchase of the residential water-efficient product or service2 7ii7 the amount necessary to change consumer behavior to purchase water-efficient products and services2 and 7iii7 the consumer expenditures for onsite preparation1 assembly1 and original installation of the product4 7#f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator to carry out this subsection-- 7,a7 #ajj1jjj1jjj for fiscal year #bjae2 7,b7 #aej1jjj1jjj for fiscal year #bjaf2 7,c7 #bjj1jjj1jjj for fiscal year #bjag2 7,d7 #aej1jjj1jjj for fiscal year #bjah2 7,e7 #ajj1jjj1jjj for fiscal year #bjai2 and 7,f7 for each subsequent fiscal year1 the applicable amount for the preceding fiscal year1 as adjusted to reflect changes for the #ab-month period ending the preceding ,november #cj in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor4 7c7 ,water system mitigation and adaptation grants 7#a7 ,definitions ,in this subsection3 7,a7 ,owner or operator 7i7 ,in general ,the term owner or operator means a person 7including a regional1 ,state1 local1 municipal1 or private entity7 that owns or operates a water system4 7ii7 ,inclusion ,the term owner or operator includes a non-,federal entity that has operational responsibilities for a federally owned water system4 7,b7 ,water system ,the term water system means-- 7i7 a community water system 7as defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f772 7ii7 a publicly owned treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib771 including a municipal separate storm sewer system2 7iii7 a decentralized wastewater treatment system for domestic sewage2 7iv7 a groundwater storage and replenishment system2 or 7v7 a system for transport and delivery of water for irrigation or conservation4 7#b7 ,grants ,beginning in fiscal year #bjae1 the ,administrator shall make grants to owners or operators of water systems to address any ongoing or forecasted 7based on the best available research and data7 climate-related impact on the water quality or quantity of a region of the ,united ,states1 for the purposes of mitigating or adapting to the impacts of climate change4 7#c7 ,eligible uses ,in carrying out this subsection1 the ,administrator shall make grants to assist in the planning1 design1 construction1 implementation1 or maintenance of any program or project to increase the resilience of a water system to climate change by-- 7,a7 conserving water or enhancing water use efficiency1 including through the use of water metering to measure the effectiveness of a water efficiency program2 7,b7 modifying or relocating existing water system infrastructure made or projected to be made inoperable by climate change impacts2 7,c7 preserving or improving water quality1 including through measures to manage1 reduce1 treat1 or reuse municipal stormwater1 wastewater1 or drinking water2 7,d7 investigating1 designing1 or constructing groundwater remediation1 recycled water1 or desalination facilities or systems2 7,e7 enhancing water management by increasing watershed preservation and protection1 such as through the use of natural or engineered green infrastructure in the management1 conveyance1 or treatment of water1 wastewater1 or stormwater2 7,f7 enhancing energy efficiency or the use and generation of renewable energy in the management1 conveyance1 or treatment of water1 wastewater1 or stormwater2 7,g7 supporting the adoption and use of advanced water treatment1 water supply management 7such as reservoir reoperation71 or water demand management technologies1 projects1 or processes 7such as water reuse and recycling or adaptive conservation pricing7 that maintain or increase water supply or improve water quality2 7,h7 modifying or replacing existing systems or constructing new systems for existing communities or land currently in agricultural production to improve water availability1 storage1 or conveyance in a manner that-- 7i7 promotes more efficient use of available water supplies2 and 7ii7 does not further exacerbate stresses on ecosystems2 7,i7 supporting practices and projects1 such as improved irrigation systems1 water banking and other forms of water transactions1 groundwater recharge1 stormwater capture1 and reuse or recycling of drainage water1 to improve water quality or promote more efficient water use1 including on land currently in agricultural production2 7,j7 conducting and completing studies or assessments to project how climate change may impact the future operations and sustainability of water systems2 7,k7 developing and implementing mitigation measures to rapidly address impacts on water systems most susceptible to abrupt climate change1 including those in the ,colorado ,river ,basin and coastal regions at risk from rising sea levels2 or 7,l7 funding of transactions costs and credit enhancement for pay-for-performance-based public-private initiatives intended to advance the eligible uses of the program or project4 7#d7 ,application ,to be eligible to receive a grant from the ,administrator under paragraph 7#b71 the owner or operator of a water system shall submit to the ,administrator an application that-- 7,a7 includes a proposal of the program1 strategy1 or infrastructure improvement to be planned1 designed1 constructed1 implemented1 or maintained by the water system2 7,b7 cites the best available research or data that demonstrates-- 7i7 the risk to the water resources or infrastructure of the water system as a result of ongoing or forecasted changes to the hydrological system brought about by factors arising from climate change1 including rising sea levels and changes in precipitation levels2 and 7ii7 how the proposed program1 strategy1 or infrastructure improvement would perform under the anticipated climate conditions2 7,c7 explains how the proposed program1 strategy1 or infrastructure improvement is expected to enhance the resiliency of the water system1 including source water protection for community water systems1 to these risks or reduce the direct or indirect greenhouse gas emissions of the water system2 and 7,d7 demonstrates that the program1 strategy1 or infrastructure improvement is-- 7i7 consistent with any approved ,state and tribal climate adaptation plan2 and 7ii7 not inconsistent with any approved natural resources plan4 7#e7 ,competitive process 7,a7 ,in general ,each calendar year1 the ,administrator shall conduct a competitive process to select and fund applications under this subsection4 7,b7 ,priority requirements and weighting ,in carrying out the process1 the ,administrator shall-- 7i7 prioritize funding of applications that are submitted by the owners or operators of water systems that are1 based on the best available research and data1 at the greatest and most immediate risk of facing significant climate-related negative impacts on water quality or quantity2 7ii7 in selecting among the priority applications determined under clause 7i71 ensure that the final list of applications funded for each year includes a substantial number that1 to the maximum extent practicable1 includes each eligible use described in paragraph 7#c72 7iii7 solicit applications from water systems that are-- 7,i7 located in all regions of the ,united ,states2 and 7,,ii7 facing varying risks as a result of climate change2 and 7iv7 provide for solicitation and consideration of public input in the development of criteria used in evaluating applications4 7#f7 ,cost sharing 7,a7 ,federal share ,the ,federal share of the cost of any program1 strategy1 or infrastructure improvement that is the subject of a grant awarded by the ,administrator to a water system under paragraph 7#b7 shall not exceed #ej percent of the cost of the program1 strategy1 and infrastructure improvement4 7,b7 ,calculation of non-,federal share ,in calculating the non-,federal share of the cost of a program1 strategy1 or infrastructure improvement proposed by a water system through an application submitted by the water system under paragraph 7#d71 the ,administrator shall-- 7i7 include the value of any in-kind services that are integral to the completion of the program1 strategy1 or infrastructure improvement1 as determined by the ,administrator2 and 7ii7 not include any other amount that the water system receives from a ,federal agency4 7#g7 ,labor standards 7,a7 ,in general ,all laborers and mechanics employed on infrastructure improvements funded directly by or assisted in whole or in part by this subsection shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code4 7,b7 ,authority and functions ,with respect to the labor standards in this paragraph1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7#h7 ,local hiring 7,a7 ,in general ,the recipient of assistance may advertise and award a contract for construction containing requirements for the employment of individuals residing in or adjacent to any of the areas in which the work is to be performed under the contract1 if-- 7i7 all or part of the construction work performed under the contract occurs in an area that has-- 7,i7 a per capita income of #hj percent or less of the national average per capita income2 or 7,,ii7 an unemployment rate that is1 for the most recent #bd-month period for which data are available1 at least #a percent greater than the national average unemployment rate2 7ii7 the estimated cost of the project of which the contract is a part is greater than #a1jjj1jjj2 and 7iii7 the recipient does not hire individuals who do not have the necessary skills to perform work in the applicable craft or trade1 except for individuals who are subject to an apprenticeship program or other training program meeting1 as determined by the ,secretary4 7,b7 ,advertisement ,in advertising and awarding a contract under this subsection1 the ,secretary or recipient of assistance shall ensure that the requirements contained in the advertisement would not-- 7i7 compromise the quality of the project2 7ii7 unreasonably delay the completion of the project2 or 7iii7 unreasonably increase the cost of the project4 7#i7 ,efficient1 integrated procurement for programs jointly funded with the ,department of ,housing and ,urban ,development 7,a7 ,definition of eligible project ,in this paragraph1 the term eligible project means a project for which the amount of funding provided by the ,department of ,housing and ,urban ,development is #aj percent or more of the amount of funding provided under this subsection4 7,b7 ,preferences ,notwithstanding the competitive bidding requirements of this section 7including regulations71 in the case of an eligible project funded jointly with funding provided by the ,department of ,housing and ,urban ,development that is covered by section #c of the ,housing and ,urban ,development ,act of #aifh 7#hb ,stat4 #hdf2 #ab ,u4,s4,c4 #agjau71 a contracting agency may apply the preferences required for the funding by the ,department of ,housing and ,urban ,development under section #c of that ,act 7including regulations7 with respect to the funding1 to the elements of the project funded in any part under this subsection4 7,c7 ,permissible restrictions ,a ,state or local law governing contracting practices that prohibits the awarding of contracts to businesses that have solicited or made contributions to political candidates1 political parties1 and holders of public office shall not be considered a violation of this section4 7#aj7 ,regulations 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall promulgate final regulations to carry out this subsection4 7,b7 ,special rule for the construction of treatment works ,in carrying out this paragraph1 the ,administrator shall incorporate all relevant and appropriate requirements of title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 applicable to the construction of treatment works that are carried out under this subsection4 7#aa7 ,report to ,congress ,not later than #c years after the date of enactment of this ,act1 and every #c years thereafter1 the ,administrator shall submit to ,congress a report on progress in implementing this subsection1 including information on project applications received and funded annually4 7#ab7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection such sums as are necessary4 ,,ii ,recycling1 storage1 and integrated water management #bja4 ,definitions ,in this title3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a corporation2 7,b7 a partnership2 7,c7 a joint venture2 7,d7 a trust2 7,e7 a ,federal1 ,state1 or local governmental entity1 agency1 or instrumentality2 and 7,f7 a conservancy district1 irrigation district1 canal company1 mutual water company1 water users' association1 ,indian tribe1 agency created by interstate compact1 or any other entity that has the capacity to contract with the ,united ,states under ,federal reclamation law4 7#b7 ,federal credit instrument ,the term ,federal credit instrument means a secured loan1 loan guarantee1 or other credit enhancement authorized to be made available under this title with respect to a project4 7#c7 ,investment-grade rating ,the term investment-grade rating means a rating of ,,bbb minus1 ,baa#c1 bbb minus1 ,,bbb 7low71 or higher as assigned by a rating agency to project obligations4 7#d7 ,lender 7,a7 ,in general ,the term lender means any non-,federal qualified institutional buyer 7as defined in section #bcj4add;,a7a7 of title #ag1 ,code of ,federal ,regulations 7or a successor regulation7 7commonly known as ,rule #add;,a7a7 of the ,securities and ,exchange ,commission and issued under the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;a et seq47774 7,b7 ,inclusions ,the term lender includes-- 7i7 a qualified retirement plan 7as defined in section #digd of the ,internal ,revenue ,code of #aihf7 that is a qualified institutional buyer2 and 7ii7 a governmental plan 7as defined in section #dad of the ,internal ,revenue ,code of #aihf7 that is a qualified institutional buyer4 7#e7 ,loan guarantee ,the term loan guarantee means any guarantee or other pledge by the ,secretary to pay all or part of the principal of1 and interest on1 a loan or other debt obligation issued by an obligor and funded by a lender4 7#f7 ,obligor ,the term obligor means an eligible entity that is primarily liable for payment of the principal of1 or interest on1 a ,federal credit instrument4 7#g7 ,project obligation 7,a7 ,in general ,the term project obligation means any note1 bond1 debenture1 or other debt obligation issued by an obligor in connection with the financing of a project4 7,b7 ,exclusion ,the term project obligation does not include a ,federal credit instrument4 7#h7 ,rating agency ,the term rating agency means a credit rating agency registered with the ,securities and ,exchange ,commission as a nationally recognized statistical rating organization 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a774 7#i7 ,reclamation ,state ,the term ,reclamation ,state means any of the ,states of-- 7,a7 ,arizona2 7,b7 ,california2 7,c7 ,colorado2 7,d7 ,idaho2 7,e7 ,kansas2 7,f7 ,montana2 7,g7 ,nebraska2 7,h7 ,nevada2 7,i7 ,new ,mexico2 7,j7 ,north ,dakota2 7,k7 ,oklahoma2 7,l7 ,oregon2 7,m7 ,south ,dakota2 7,n7 ,texas2 7,o7 ,utah2 7,p7 ,washington2 and 7,q7 ,wyoming4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aa7 ,secured loan ,the term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the ,secretary in connection with the financing of a project under subtitle ,a4 7#ab7 ,subsidy amount ,the term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the ,federal ,government of a ,federal credit instrument1 as calculated on a net present value basis1 excluding administrative costs and any incidental effects on ,governmental receipts or outlays in accordance with the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq474 7#ac7 ,substantial completion ,the term substantial completion1 with respect to a project1 means the earliest date on which a project is considered to perform the functions for which the project is designed4 ,a ,innovative financing #baa4 ,purposes ,the purposes of this subtitle are-- 7#a7 to promote increased development of critical water resources infrastructure by establishing additional opportunities for financing water resources projects2 7#b7 to attract new investment capital to infrastructure projects that are capable of generating revenue streams through user fees or other dedicated funding sources2 7#c7 to complement existing ,federal funding sources and address budgetary constraints on ,bureau of ,reclamation programs2 and 7#d7 to leverage private investment in water resources infrastructure4 #bab4 ,authority to provide assistance 7a7 ,in general ,the ,secretary may provide financial assistance under this subtitle to carry out projects within-- 7#a7 any ,reclamation ,state2 7#b7 any other ,state in which the ,bureau of ,reclamation is authorized to provide project assistance2 and 7#c7 the ,states of ,alaska and ,hawaii4 7b7 ,selection ,in selecting projects to receive financial assistance under subsection 7a71 the ,secretary shall ensure diversity with respect to-- 7#a7 project types2 and 7#b7 geographical locations4 #bac4 ,applications ,to be eligible to receive assistance under this subtitle1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 #bad4 ,eligibility for assistance 7a7 ,eligible projects ,the following projects may be carried out using assistance made available under this subtitle3 7#a7 ,a project for the reclamation and reuse of municipal1 industrial1 domestic1 and agricultural wastewater1 and naturally impaired ground and surface waters1 which the ,secretary1 acting through the ,commissioner of ,reclamation1 is authorized to undertake4 7#b7 ,any water infrastructure project not specifically authorized by law that-- 7,a7 the ,secretary determines1 through the completion of an appraisal investigation and feasibility study1 would contribute to a safe1 adequate water supply for domestic1 agricultural1 environmental1 or municipal and industrial use2 and 7,b7 is otherwise eligible for assistance under this title4 7#c7 ,a project for enhanced energy efficiency in the operation of a water system4 7#d7 ,a project for accelerated repair and replacement of an aging water distribution facility4 7#e7 ,a brackish or sea water desalination project4 7#f7 ,acquisition of real property or an interest in real property for water storage1 reclaimed or recycled water1 or wastewater1 if the acquisition is integral to a project described in paragraphs 7#a7 through 7#e74 7#g7 ,a combination of projects1 each of which is eligible under paragraphs 7#a7 through 7#f71 for which an eligible entity submits a single application4 7b7 ,activities eligible for assistance ,for purposes of this subtitle1 an eligible activity with respect to an eligible project under subsection 7a7 includes the cost of-- 7#a7 development-phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 permitting1 transaction costs1 preliminary engineering and design work1 and other preconstruction activities2 7#b7 construction1 reconstruction1 rehabilitation1 and replacement activities2 7#c7 the acquisition of real property 7including water rights1 land relating to the project1 and improvements to land71 environmental mitigation1 construction contingencies1 and acquisition of equipment2 7#d7 capitalized interest necessary to meet market requirements1 reasonably required reserve funds1 capital issuance expenses1 and other carrying costs during construction2 7#e7 refinancing interim construction funding1 long-term project obligations1 or a secured loan1 loan guarantee1 or other credit enhancement made under this subtitle2 7#f7 reimbursement or success payments to any public or private entity that achieves predetermined outcomes on a pay-for-performance or pay-for-success basis2 and 7#g7 grants1 loans1 or credit enhancement for community development financial institutions1 green banks1 and other financial intermediaries providing ongoing finance for projects that meet the purposes of this subtitle4 #bae4 ,determination of eligibility and project selection 7a7 ,eligibility requirements ,to be eligible to receive financial assistance under this subtitle1 a project shall meet the following criteria1 as determined by the ,secretary3 7#a7 ,creditworthiness 7,a7 ,in general ,subject to subparagraph 7,b71 the project shall be creditworthy1 as determined by the ,secretary1 who shall ensure that any financing for the project has appropriate security features1 such as a rate covenant1 to ensure repayment4 7,b7 ,preliminary rating opinion letter ,the ,secretary shall require each applicant to provide a preliminary rating opinion letter from at least #a rating agency indicating that the senior obligations of the project 7which may be the ,federal credit instrument7 have the potential to achieve an investment-grade rating4 7#b7 ,eligible project costs ,the eligible project costs of a project and other projects in a watershed shall be reasonably anticipated to be not less than #aj1jjj1jjj4 7#c7 ,dedicated revenue sources ,the ,federal credit instrument for the project shall be repayable1 in whole or in part1 from dedicated revenue sources that also secure the project obligations4 7#d7 ,public sponsorship of private entities ,in the case of a project carried out by an entity that is not a ,state or local government or an agency or instrumentality of a ,state or local government1 the project shall be publicly sponsored4 7b7 ,selection criteria 7#a7 ,establishment ,the ,secretary shall establish criteria for the selection of projects that meet the eligibility requirements of subsection 7a71 in accordance with paragraph 7#b74 7#b7 ,criteria ,the selection criteria shall include the following3 7,a7 ,the extent to which the project is nationally or regionally significant4 7,b7 ,the extent to which assistance under this section would foster innovative public-private partnerships and attract private debt or equity investment4 7,c7 ,the likelihood that assistance under this section would enable the project to proceed at an earlier date than the project would otherwise be able to proceed4 7,d7 ,the extent to which the project uses new or innovative approaches4 7,e7 ,the extent to which projects track evidence about the effectiveness of the #a or more projects financed and the availability of the evidence and project information to the public to facilitate replication4 7,f7 ,the amount of budget authority required to fund the ,federal credit instrument made available under this subtitle4 7,g7 ,the extent to which the project helps maintain or protect the environment4 7,h7 ,the extent to which the project supports the local economy and provides local jobs4 7c7 ,receipt of other ,federal funding ,receipt of a ,federal grant or contract or other ,federal funding to support an eligible project shall not preclude the project from being eligible for assistance under this subtitle4 7d7 ,federal requirements 7#a7 ,effect of section ,nothing in this section supersedes the applicability of other requirements of ,federal law 7including regulations74 7#b7 ,,nepa ,a ,federal action carried out regarding a loan or loan guarantee provided under this subtitle shall not be considered to be a ,federal action for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #baf4 ,secured loans 7a7 ,agreements 7#a7 ,in general ,subject to paragraphs 7#b7 through 7#d71 the ,secretary may enter into agreements with #a or more obligors to make secured loans1 the proceeds of which shall be used-- 7,a7 to finance eligible project costs of any project selected under section #bjf2 7,b7 to refinance interim construction financing of eligible project costs of any project selected under section #bjf2 or 7,c7 to refinance long-term project obligations or ,federal credit instruments1 if that refinancing provides additional funding capacity for the completion1 enhancement1 or expansion of any project that-- 7i7 is selected under section #bjf2 or 7ii7 otherwise meets the requirements of section #bjf4 7#b7 ,limitation on refinancing of interim construction financing ,a secured loan under paragraph 7#a7 shall not be used to refinance interim construction financing under paragraph 7#a77;,b7 later than #a year after the date of substantial completion of the applicable project4 7#c7 ,risk assessment ,before entering into an agreement under this subsection for a secured loan1 the ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget and each rating agency providing a preliminary rating opinion letter under section #bjf7;a77#a77;,b71 shall determine an appropriate capital reserve subsidy amount for the secured loan1 taking into account each such preliminary rating opinion letter4 7#d7 ,investment-grade rating requirement ,the execution of a secured loan under this section shall be contingent on receipt by the senior obligations of the project of an investment-grade rating4 7b7 ,terms and limitations 7#a7 ,in general ,a secured loan provided for a project under this section shall be subject to such terms and conditions1 and contain such covenants1 representations1 warranties1 and requirements 7including requirements for audits71 as the ,secretary determines to be appropriate4 7#b7 ,maximum amount ,the amount of a secured loan under this section shall not exceed the lesser of-- 7,a7 an amount equal to #ajj percent of the reasonably anticipated eligible project costs2 and 7,b7 if the secured loan does not receive an investment-grade rating1 the amount of the senior project obligations of the project4 7#c7 ,payment ,a secured loan under this section-- 7,a7 shall be payable1 in whole or in part1 from ,state or local taxes1 user fees1 or other dedicated revenue sources that also secure the senior project obligations of the relevant project2 7,b7 shall include a rate covenant1 coverage requirement1 or similar security feature supporting the project obligations2 and 7,c7 may have a lien on revenues described in subparagraph 7,a71 subject to any lien securing project obligations4 7#d7 ,interest rate ,the interest rate on a secured loan under this section shall be not more than the yield on ,united ,states ,treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement1 as determined by the ,secretary4 7#e7 ,maturity date ,the final maturity date of a secured loan under this section shall be not later than #ce years after the date of substantial completion of the relevant project4 7#f7 ,nonsubordination ,a secured loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor of the project4 7#g7 ,fees ,the ,secretary may establish fees at a level sufficient to cover all or a portion of the costs to the ,federal ,government of making a secured loan under this section4 7#h7 ,non-,federal share ,the proceeds of a secured loan under this section may be used to pay any non-,federal share of project costs required if the loan is repayable from non-,federal funds4 7c7 ,repayment 7#a7 ,schedule ,the ,secretary shall establish a repayment schedule for each secured loan provided under this section1 based on the projected cash flow from project revenues and other repayment sources4 7#b7 ,commencement ,scheduled loan repayment of principal or interest on a secured loan under this section shall commence not later than #e years after the date of substantial completion of the project4 7#c7 ,deferred payments 7,a7 ,authorization ,if1 at any time after the date of substantial completion of a project for which a secured loan is provided under this section1 the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan1 the ,secretary may allow the obligor1 subject to subparagraph 7,c71 to add unpaid principal and interest to the outstanding balance of the secured loan4 7,b7 ,interest ,any payment deferred under subparagraph 7,a7 shall-- 7i7 continue to accrue interest in accordance with subsection 7b77#d7 until fully repaid2 and 7ii7 be scheduled to be amortized over the remaining term of the secured loan4 7,c7 ,criteria 7i7 ,in general ,any payment deferral under subparagraph 7,a7 shall be contingent on the project meeting such criteria as the ,secretary may establish4 7ii7 ,repayment standards ,the criteria established under clause 7i7 shall include standards for reasonable assurance of repayment4 7#d7 ,prepayment 7,a7 ,use of excess revenues ,any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement1 bond resolution1 or similar agreement securing project obligations may be applied annually to prepay a secured loan under this section without penalty4 7,b7 ,use of proceeds of refinancing ,a secured loan under this section may be prepaid at any time without penalty from the proceeds of refinancing from non-,federal funding sources4 7d7 ,sale of secured loans 7#a7 ,in general ,subject to paragraph 7#b71 as soon as practicable after the date of substantial completion of a project and after providing a notice to the obligor1 the ,secretary may sell to another entity or reoffer into the capital markets a secured loan for a project under this section1 if the ,secretary determines that the sale or reoffering can be made on favorable terms4 7#b7 ,consent of obligor ,in making a sale or reoffering under paragraph 7#a71 the ,secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor4 7e7 ,loan guarantees 7#a7 ,in general ,the ,secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section1 if the ,secretary determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan4 7#b7 ,terms ,the terms of a loan guarantee provided under this subsection shall be consistent with the terms established in this section for a secured loan1 except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender1 with the consent of the ,secretary4 #bag4 ,program administration 7a7 ,requirement ,the ,secretary shall establish a uniform system to service the ,federal credit instruments made available under this subtitle4 7b7 ,fees ,the ,secretary may collect and spend fees1 contingent on authority being provided in appropriations ,acts1 at a level that is sufficient to cover-- 7#a7 the costs of services of expert firms retained pursuant to subsection 7d72 and 7#b7 all or a portion of the costs to the ,federal ,government of servicing the ,federal credit instruments provided under this subtitle4 7c7 ,servicer 7#a7 ,in general ,the ,secretary may appoint a financial entity to assist the ,secretary in servicing the ,federal credit instruments provided under this subtitle4 7#b7 ,duties ,a servicer appointed under paragraph 7#a7 shall act as the agent for the ,secretary4 7#c7 ,fee ,a servicer appointed under paragraph 7#a7 shall receive a servicing fee1 subject to approval by the ,secretary4 7d7 ,assistance from experts ,the ,secretary may retain the services1 including counsel1 of any organization or entity with expertise in the field of municipal and project finance to assist in the underwriting and servicing of ,federal credit instruments provided under this subtitle4 7e7 ,loan coordination2 interagency cooperation ,the ,secretary-- 7#a7 shall coordinate implementation of loan guarantees under this section with the ,administrator to avoid duplication and enhance the effectiveness of implementation of the ,state revolving funds established under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 and the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7#b7 shall consult with the ,secretary of ,agriculture before promulgating criteria with respect to financial appraisal functions and loan guarantee administration for activities carried out under this subtitle2 and 7#c7 may enter into a memorandum of agreement providing for ,department of ,agriculture financial appraisal functions and loan guarantee administration for activities carried out under this subtitle4 #bah4 ,state and local permits ,the provision of financial assistance for a project under this subtitle shall not-- 7#a7 relieve any recipient of the assistance of any obligation to obtain any required ,state or local permit or approval with respect to the project2 7#b7 limit the right of any unit of ,state or local government to approve or regulate any rate of return on private equity invested in the project2 or 7#c7 otherwise supersede any ,state or local law 7including any regulation7 applicable to the construction or operation of the project4 #bai4 ,regulations ,the ,secretary may promulgate such regulations as the ,secretary determines to be appropriate to carry out this subtitle4 #bbj4 ,funding 7a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out this subtitle #ej1jjj1jjj for each of fiscal years #bjae through #bjai1 to remain available until expended4 7b7 ,administrative costs ,of the funds made available to carry out this subtitle1 the ,secretary may use for the administration of this subtitle not more than #b1bjj1jjj for each of fiscal years #bjae through #bjai4 #bba4 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report summarizing the financial performance and on-the-ground outcomes of the projects that are receiving1 or have received1 assistance under this subtitle1 including an assessment of whether the objectives of this subtitle are being met4 ,b ,integrated regional water management1 reclamation1 and recycling projects #bca4 ,water storage projects 7a7 ,agreements ,the ,secretary may enter into a cost-shared financial assistance agreement with any non-,federal entity in a ,reclamation ,state or the ,state of ,hawaii to carry out the planning1 design1 and construction of any permanent water storage and conveyance facility used solely to regulate and maximize the water supply arising from a project that is eligible for assistance under this title or any other provision of law-- 7#a7 to recycle wastewater1 impaired surface water1 and ground water2 or 7#b7 to use integrated and coordinated water management on a watershed or regional scale4 7b7 ,financial assistance ,in providing financial assistance under this section1 the ,secretary shall give priority to storage and conveyance components that-- 7#a7 ensure the efficient and beneficial use of water or reuse of the recycled water2 7#b7 make maximum use of natural systems2 7#c7 consistent with ,secretarial ,order ,no4 #cbig1 dated ,february #bb1 #bjaj1 support sustainable water management practices and the water sustainability objectives of #a or more offices of the ,department of the ,interior or any other ,federal agency2 7#d7 7,a7 increase the availability of usable water supplies in a watershed or region to benefit people1 the economy1 and the environment2 and 7,b7 include adaptive measures needed to address climate change and future demands2 7#e7 where practicable-- 7,a7 provide flood control or recreation benefits2 and 7,b7 include the development of incremental hydroelectric power generation2 7#f7 include partnerships that go beyond political and institutional jurisdictions to support the efficient use of the limited water resources of the ,united ,states and the applicable region2 7#g7 generate environmental benefits1 such as benefits to fisheries1 wildlife and habitat1 and water quality and water-dependent ecological systems1 as well as water supply benefits to agricultural and urban water users2 and 7#h7 the financing of which leverages private and other non-,federal resources4 7c7 ,federal share ,the ,federal share of the cost of a project carried out under subsection 7a7 shall be-- 7#a7 equal to the lesser of-- 7,a7 #ej percent of total cost of the project2 and 7,b7 #ae1jjj1jjj1 adjusted for inflation2 and 7#b7 nonreimbursable4 7d7 ,non-,federal share ,the non-,federal share of the cost of a project carried out under subsection 7a7 may include in-kind contributions to the planning1 design1 and construction of a project4 7e7 ,title and costs ,a non-,federal entity entering into a financial assistance agreement under this section shall-- 7#a7 hold title to all facilities constructed under this section2 and 7#b7 be solely responsible for the costs of operating and maintaining those facilities4 #bcb4 ,authorization of appropriations ,there is authorized to be appropriated #aej1jjj1jjj to carry out this subtitle4 ,c ,title transfers #bda4 ,authorization to transfer title ,the ,secretary may transfer to any non-,federal operating entity title to any ,reclamation project or facility1 or any separable element of such a project or facility1 that is authorized before the date of enactment of this ,act1 if-- 7#a7 all previous ,federal construction contract obligations or other related repayment contracts or agreements associated with the project have been paid out by a non-,federal project beneficiary2 7#b7 7,a7 a project facility or separable element of such a facility is in need of rehabilitation or improvement1 as determined by the ,secretary2 and 7,b7 the non-,federal operating entity is otherwise eligible for a loan guarantee under this title2 7#c7 the title transfer meets all applicable ,federal laws and regulations1 as determined by the ,secretary2 and 7#d7 7,a7 the ,secretary notifies each congressional committee of jurisdiction of the transfer by not later than #fj days before the date of the transfer2 and 7,b7 no objection to the transfer is raised by any such committee4 ,,iii ,innovation through research1 data1 and technology #cja4 ,open water data system 7a7 ,definitions ,in this section3 7#a7 ,educational institution ,the term educational institution means-- 7,a7 a public or private elementary or secondary school2 7,b7 an institution of vocational1 professional1 or higher education 7including a junior college or teachers' college72 and 7,c7 an association of schools or institutions described in subparagraphs 7,a7 and 7,b74 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given that term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,geological ,survey4 7#d7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#e7 ,system ,the term system means the open water data system established under subsection 7b74 7b7 ,system ,the ,secretary shall establish and maintain an open water data system within the ,united ,states ,geological ,survey to advance the availability1 timely distribution1 and widespread use of water data and information for water management1 education1 research1 assessment1 and monitoring purposes4 7c7 ,purposes ,the purposes of the system are-- 7#a7 to advance the quantification of the availability1 use of1 and risks to1 water resources throughout the ,united ,states2 7#b7 to increase accessibility to1 and expand the use of1 water data and information in a standard1 easy-to-use format by ,federal1 ,state1 local1 and tribal governments1 communities1 educational institutions1 and the private sector2 and 7#c7 to facilitate the open exchange of water information particularly in the face of climate change and unprecedented drought4 7d7 ,activities ,in carrying out this section1 the ,secretary shall-- 7#a7 integrate water data and information into a interoperable1 national1 geospatially referenced water data framework2 7#b7 identify new water data and information needs1 including data on surface and groundwater quality and quantity1 sediment1 erosion1 transport1 water chemistry1 precipitation1 reservoir storage1 water cycle1 landscape variables1 hydrography1 climate and weather impacts1 soil moisture1 and human use2 7#c7 leverage existing shared databases1 infrastructure1 and tools to provide a platform for water data and information innovation1 modeling and data sharing1 and solution development2 7#d7 support water data and information sharing1 applied research1 and educational programs of ,state1 local1 and tribal governments1 communities1 educational institutions1 and the private sector2 and 7#e7 promote cooperation and sharing of expertise regarding water data and information among ,state1 local1 and tribal governments1 communities1 educational institutions1 and the private sector4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as are necessary4 #cjb4 ,water ,resources ,research ,act amendments 7a7 ,congressional findings and declarations ,section #ajb of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcja7 is amended-- 7#a7 by redesignating paragraphs 7#g7 through 7#i7 as paragraphs 7#h7 through 7#aj71 respectively2 7#b7 in paragraph 7#h7 7as so redesignated71 by striking and at the end2 and 7#c7 by inserting after paragraph 7#f7 the following3 7#g7 additional research is required to increase the effectiveness and efficiency of new and existing treatment works through alternative approaches1 including-- 7,a7 nonstructural alternatives2 7,b7 decentralized approaches2 7,c7 water use efficiency and conservation2 and 7,d7 actions to reduce energy consumption or extract energy from wastewater2 4 7b7 ,water resources research and technology institutes ,section #ajd of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc7 is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,b77ii71 by striking water-related phenomena and inserting water resources2 and 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 7#b7 in subsection 7c7-- 7,a7 by striking ,from the and inserting 7#a7 ,in general4--,from the2 and 7,b7 by adding at the end the following3 7#b7 ,report ,not later than ,december #ca of each fiscal year1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on the ,budget of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on the ,budget of the ,house of ,representatives a report regarding the compliance of each funding recipient with this subsection for the immediately preceding fiscal year4 2 7#c7 by striking subsection 7e7 and inserting the following3 7e7 ,evaluation of water resources research program 7#a7 ,in general ,the ,secretary shall conduct a careful and detailed evaluation of each institute at least once every #c years to determine-- 7,a7 the quality and relevance of the water resources research of the institute2 7,b7 the effectiveness of the institute at producing measured results and applied water supply research2 and 7,c7 whether the effectiveness of the institute as an institution for planning1 conducting1 and arranging for research warrants continued support under this section4 7#b7 ,prohibition on further support ,if1 as a result of an evaluation under paragraph 7#a71 the ,secretary determines that an institute does not qualify for further support under this section1 no further grants to the institute may be provided until the qualifications of the institute are reestablished to the satisfaction of the ,secretary4 2 7#d7 in subsection 7f77#a71 by striking #ab1jjj1jjj for each of fiscal years #bjjg through #bjaa and inserting #g1ejj1jjj for each of fiscal years #bjae through #bjbj2 and 7#e7 in subsection 7g77#a71 in the first sentence1 by striking #f1jjj1jjj for each of fiscal years #bjjg through #bjaa and inserting #a1ejj1jjj for each of fiscal years #bjae through #bjbj4 #cjc4 ,reauthorization of ,water ,desalination ,act of #aiif ,section #h of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 in the first sentence of subsection 7a71 by striking #bjac and inserting #bjbj2 and 7#b7 in subsection 7b71 by striking for each of fiscal years #bjab through #bjac and inserting for each of fiscal years #bjae through #bjbj4 #cjd4 ,review of reservoir operations 7a7 ,in general ,not later than #a year after receiving a request of a non-,federal sponsor of a reservoir1 the ,secretary of the ,army1 in consultation with the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 shall review the operation of the reservoir1 including the water control manual and rule curves1 using improved weather forecasts and run-off forecasting methods1 including the ,advanced ,hydrologic ,prediction ,system of the ,national ,weather ,service and the ,hydrometeorology ,testbed program of the ,national ,oceanic and ,atmospheric ,administration4 7b7 ,description of benefits ,in conducting the review under subsection 7a71 the ,secretary of the ,army shall determine if a change in operations1 including the use of improved weather forecasts and run-off forecasting methods1 will improve #a or more of the core functions of the ,corps of ,engineers1 including-- 7#a7 reducing risks to human life1 public safety1 and property2 7#b7 reducing the need for future disaster relief2 7#c7 improving local water storage capability and reliability in coordination with the non-,federal sponsor and other water users2 7#d7 restoring1 protecting1 or mitigating the impacts of a water resources development project on the environment2 and 7#e7 improving fish species habitat or population within the boundaries and downstream of a water resources project4 7c7 ,results reported ,not later than #ij days after completion of a review under this section1 the ,secretary shall submit a report to ,congress regarding the results of the review4 7d7 ,manual update ,as soon as practicable1 but not later than #c years after the date on which a report under subsection 7c7 is submitted to ,congress1 pursuant to the procedures required under existing authorities1 if the ,secretary of the ,army determines based on that report that using improved weather and run-off forecasting methods improves #a or more core functions of the ,corps of ,engineers at a reservoir1 the ,secretary of the ,army shall-- 7#a7 incorporate those methods in the operation of the reservoir2 and 7#b7 update the water control manual4 ,,iv ,drought preparedness and resilience #dja4 ,national drought resilience guidelines 7a7 ,in general ,the ,administrator1 in conjunction with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,director of the ,national ,oceanic and ,atmospheric ,administration1 and other appropriate ,federal agency heads along with ,state and local governments1 shall develop nonregulatory national drought resilience guidelines relating to drought preparedness planning and investments for communities1 water utilities1 and other water users and providers4 7b7 ,consultation ,in developing the national drought resilience guidelines1 the ,administrator and other ,federal agency heads referred to in subsection 7a7 shall consult with-- 7#a7 ,state and local governments2 7#b7 water utilities2 7#c7 scientists2 7#d7 institutions of higher education2 7#e7 relevant private entities2 and 7#f7 other stakeholders4 7c7 ,contents ,the national drought resilience guidelines developed under this section shall1 to the maximum extent practicable1 provide recommendations for a period of #aj years that-- 7#a7 address a broad range of potential actions1 including-- 7,a7 analysis of the impacts of climate change and drought on the future effectiveness of water management tools2 7,b7 the identification of drought-related water management challenges in a broad range of fields1 including-- 7i7 public health and safety2 7ii7 municipal and industrial water supply2 7iii7 agricultural water supply2 7iv7 water quality2 7v7 ecosystem health2 and 7vi7 water supply planning2 7,c7 water management tools to reduce drought-related impacts1 including-- 7i7 water use efficiency through gallons per capita reduction goals1 appliance efficiency standards1 water pricing incentives1 and other measures2 7ii7 water recycling2 7iii7 groundwater clean-up and storage2 7iv7 new technologies1 such as behavioral water efficiency2 and 7v7 stormwater capture and reuse2 7,d7 water-related energy and greenhouse gas reduction strategies2 and 7,e7 public education and engagement2 and 7#b7 include recommendations relating to the processes that ,federal1 ,state1 and local governments and water utilities should consider when developing drought resilience preparedness and plans1 including-- 7,a7 the establishment of planning goals2 7,b7 the evaluation of institutional capacity2 7,c7 the assessment of drought-related risks and vulnerabilities1 including the integration of climate-related impacts2 7,d7 the establishment of a development process1 including an evaluation of the cost-effectiveness of potential strategies2 7,e7 the inclusion of private entities1 technical advisors1 and other stakeholders in the development process2 7,f7 implementation and financing issues2 and 7,g7 evaluation of the plan1 including any updates to the plan4 #djb4 ,drought preparedness for fisheries 7a7 ,definitions ,in this section3 7#a7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#b7 ,qualified tribal government ,the term qualified tribal government means a governmental body of an ,indian tribe that the ,secretary of the ,interior determines-- 7,a7 is involved in salmon management and recovery activities under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7,b7 has the management and organizational capability to maximize the benefits of assistance provided under this section4 7b7 ,salmon drought plan 7#a7 ,in general ,not later than ,january #a1 #bjaf1 the ,director of the ,united ,states ,fish and ,wildlife ,service shall1 in consultation with the ,director of the ,national ,marine ,fisheries ,service1 the ,commissioner of ,reclamation1 the ,chief of ,engineers1 and the head of the ,california ,department of ,fish and ,wildlife1 prepare a salmon drought plan for the ,state of ,california4 7#b7 ,contents ,the plan developed under paragraph 7#a7 shall-- 7,a7 contribute-- 7i7 to the recovery of populations listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7ii7 to the goals of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege2 #ajf ,stat4 #dgjf72 and 7,b7 include options to protect salmon populations originating in the ,state of ,california1 with a particular focus on actions that can be taken to aid salmon populations in the ,state of ,california during the driest #ab years1 such as-- 7i7 relocating the release location and timing of hatchery fish to avoid predation and temperature impacts2 7ii7 barging hatchery release fish to improve survival and reduce straying2 7iii7 coordinating with water users1 the ,commissioner of ,reclamation1 and the head of the ,california ,department of ,water ,resources regarding voluntary water transfers to determine if water released upstream to meet the needs of downstream or ,south-of-,delta water users can be managed in a way that provides additional benefits for salmon2 7iv7 hatchery management modifications1 such as expanding hatchery production during the driest years of fish listed as endangered or threatened under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 if appropriate2 and 7v7 increasing rescue operations of upstream migrating fish4 7c7 ,funding 7#a7 ,in general ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,director of the ,united ,states ,fish and ,wildlife ,service to carry out this section #c1jjj1jjj1 to remain available until expended1 for urgent fish1 stream1 and hatchery activities relating to extreme drought conditions1 including work carried out in conjunction with the ,director of the ,national ,marine ,fisheries ,service1 the ,commissioner of ,reclamation1 the ,chief of ,engineers1 the head of the ,california ,department of ,fish and ,wildlife1 or a qualified tribal government4 7#b7 ,receipt and acceptance ,the ,director of the ,united ,states ,fish and ,wildlife ,service shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under paragraph 7#a71 without further appropriation4