,i #aadth ,,congress #ast ,session ,h4 ,r4 #bihc ,,in ,,the ,,house ,,of ,,representatives ,july #h1 #bjae ,mr4 ,huffman 7for himself1 ,mr4 ,farr1 ,mr4 ,mc,nerney1 ,mr4 ,de,saulnier1 ,mr4 ,thompson of ,california1 ,mr4 ,honda1 ,mr4 ,lowenthal1 ,ms4 ,eshoo1 ,mr4 ,garamendi1 ,mr4 ,takai1 ,mr4 ,de,fazio1 ,mr4 ,crdenas1 ,mrs4 ,capps1 ,mr4 ,peters1 ,mr4 ,swalwell of ,california1 ,ms4 ,lofgren1 ,ms4 ,speier1 ,mr4 ,o',rourke1 ,ms4 ,lee1 ,mr4 ,bera1 ,mrs4 ,torres1 ,ms4 ,linda ,t4 ,snchez of ,california1 ,mr4 ,grijalva1 ,ms4 ,loretta ,sanchez of ,california1 ,mr4 ,blumenauer1 ,ms4 ,pingree1 ,mr4 ,perlmutter1 ,ms4 ,titus1 ,ms4 ,matsui1 ,mrs4 ,napolitano1 ,mr4 ,ruiz1 ,mrs4 ,davis of ,california1 and ,ms4 ,brownley of ,california7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on the ,budget1 ,science1 ,space1 and ,technology1 ,transportation and ,infrastructure1 ,energy and ,commerce1 the ,judiciary1 ,ways and ,means1 and ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide drought assistance and improved water supply reliability to the ,state of ,california1 other western ,states1 and the ,nation4 #a4 ,short title2 table of contents2 findings 7a7 ,short title ,this ,act may be cited as the ,drought ,recovery and ,resilience ,act of #bjae4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 findings4 ,title ,i--,emergency ,drought ,response ,appropriations from ,reclamation ,fund ,sec4 #aja4 ,appropriations to be derived from ,reclamation ,fund4 ,sec4 #ajb4 ,supplemental appropriations for drought relief4 ,sec4 #ajc4 ,supplemental appropriations for the ,environmental ,protection ,agency4 ,sec4 #ajd4 ,supplemental appropriations for the ,water ,infrastructure ,finance and ,innovation ,act program4 ,title ,,ii--,new ,water ,infrastructure ,program ,authorizations ,subtitle ,a--,new ,water ,recycling and ,reclamation ,program ,through ,,epa ,sec4 #bja4 ,short title2 findings2 purposes4 ,sec4 #bjb4 ,national ,water ,recycling and ,reclamation ,program4 ,subtitle ,b--,reclamation ,infrastructure ,finance and ,innovation ,act 7,,rifia7 ,sec4 #baj4 ,short title2 purposes2 definitions4 ,chapter #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 ,chapter #b--;,integrated regional water management1 reclamation1 and recycling projects ,sec4 #bca4 ,water storage projects4 ,sec4 #bcb4 ,authorization of appropriations4 ,chapter #c--,reclamation title transfer program ,sec4 #bda4 ,short title2 definitions4 ,sec4 #bdb4 ,authorization of title transfer program4 ,sec4 #bdc4 ,compliance with environmental and historic preservation laws4 ,sec4 #bdd4 ,eligibility criteria4 ,sec4 #bde4 ,liability4 ,sec4 #bdf4 ,benefits4 ,sec4 #bdg4 ,compliance with other laws4 ,sec4 #bdh4 ,authorization of appropriations4 ,sec4 #bdi4 ,termination of authority4 ,subtitle ,c--,innovative ,stormwater ,capture ,program ,sec4 #bea4 ,short title4 ,sec4 #beb4 ,purposes and findings4 ,sec4 #bec4 ,definitions4 ,sec4 #bed4 ,centers of ,excellence for innovative stormwater control infrastructure4 ,sec4 #bee4 ,innovative stormwater control infrastructure project grants4 ,sec4 #bef4 ,environmental ,protection ,agency innovative stormwater control infrastructure promotion4 ,sec4 #beg4 ,report to ,congress4 ,sec4 #beh4 ,authorization of appropriations4 ,title ,,iii--,improved ,infrastructure and ,water ,management ,subtitle ,a--,restoring ,america's ,watersheds and ,increasing ,water ,yields ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,findings4 ,sec4 #cjc4 ,water ,source ,protection ,program4 ,sec4 #cjd4 ,watershed ,condition ,framework4 ,sec4 #cje4 ,forest ,service ,legacy ,roads and ,trails ,remediation ,program4 ,sec4 #cjf4 ,reauthorization of the ,collaborative ,forest ,landscape ,restoration ,fund4 ,subtitle ,b--,reservoir ,operation ,improvement ,sec4 #caa4 ,short title4 ,sec4 #cab4 ,projects1 plans1 and reports4 ,subtitle ,c--,reclamation ,projects for ,renewable ,energy ,to ,reduce ,evaporation ,loss ,sec4 #cbj4 ,findings and purpose4 ,sec4 #cba4 ,definitions4 ,sec4 #cbb4 ,evaluation and report4 ,sec4 #cbc4 ,development of solar and wind energy on covered land4 ,sec4 #cbd4 ,royalties4 ,sec4 #cbe4 ,disposition of royalty revenue4 ,subtitle ,d--,improved ,reclamation ,crop ,data ,sec4 #cca4 ,definitions4 ,sec4 #ccb4 ,determination of planting of water-intense permanent crops4 ,sec4 #ccc4 ,report related to water-intense permanent crops4 ,subtitle ,e--,improved ,oversight of ,state ,injection ,wells ,sec4 #cda4 ,amendment to the ,safe ,drinking ,water ,act4 ,subtitle ,f--,combating ,water ,theft for ,illegal ,marijuana ,cultivation ,sec4 #cea4 ,policy directive on illegal water diversion for marijuana cultivation4 ,sec4 #ceb4 ,environmental reporting requirements for ,domestic ,cannabis ,eradication program4 ,sec4 #cec4 ,trespass marijuana location registry4 ,sec4 #ced4 ,funding for remediation of trespass marijuana sites4 ,sec4 #cee4 ,voluntary guidelines4 ,sec4 #cef4 ,research program4 ,subtitle ,g--,,secure ,water ,amendments ,sec4 #cfa4 ,authorized activities2 eligibility2 authorization of appropriations4 ,sec4 #cfb4 ,authorization of appropriations for national water availability and use assessment program4 ,subtitle ,h--,refundable tax credit for water-,harvesting systems ,sec4 #cga4 ,refundable tax credit for water-harvesting systems4 ,subtitle ,i--,funding for construction for additional project benefits ,sec4 #cha4 ,funding for construction for additional project benefits4 ,title ,,iv--,planning for the ,future ,subtitle ,a--,x-,prize for ,desalination ,breakthroughs ,sec4 #dja4 ,short title4 ,sec4 #djb4 ,water technology award program4 ,subtitle ,b--,drought ,planning ,assistance through ,,nrcs and ,reclamation ,sec4 #daa4 ,drought ,planning ,assistance through ,,nrcs and ,reclamation4 ,subtitle ,c--,drought ,preparedness for ,fisheries ,sec4 #dba4 ,drought ,preparedness for ,fisheries4 ,subtitle ,d--,national ,emergency ,planning ,response ,sec4 #dca4 ,national ,emergency ,planning ,response4 ,subtitle ,e--,military ,preparedness for ,desalination ,sec4 #dda4 ,report on desalinization technology4 7c7 ,findings ,congress finds the following3 7#a7 ,that1 as expressed in the ,water ,supply ,act of #aieh1 ,congress has recognized the primary responsibilities of the ,states and local interests in developing water supplies for domestic1 municipal1 industrial1 and other purposes1 and that the ,federal ,government should participate and cooperate in these projects4 7#b7 ,that there is a long and robust legal precedent of ,federal deference to ,state primacy in water law and the legal system that ,states establish for resolving disputes over water use1 with the ,supreme ,court finding in ,kansas v4 ,colorado that ,congress cannot enforce either rule upon any state in matters of the right regulation of water rights4 7#c7 ,that1 as established in the ,proclamation of a ,state of ,emergency issued by the ,governor of the ,state of ,california on ,january #ag1 #bjad1 ,california is experiencing record dry conditions1 all regions of the ,state are impacted by the drought1 and these extremely dry conditions have persisted since #bjab and are likely to persist beyond this year and more regularly into the future4 7#d7 ,that the ,state of ,california is not alone in the prospects for long-term drought1 and that the entire ,american ,west and ,southwest are facing forecasts of prolonged droughts that will leave ,states facing major water shortages and catastrophic wildfires4 7#e7 ,that the prolonged period of drought in the ,american ,west has also occurred with higher temperatures throughout the ,state of ,california1 reducing snowpack and leading to what climate scientists conclude may be the most severe drought in over #a1bjj years4 7#f7 ,that the ,colorado ,river has been under drought conditions since #bjjj1 and that the chances of a megadrought striking the ,southwest and central ,great ,plains are on the rise according to forecasts from climate scientists4 7#g7 ,that the ,united ,states should utilize all existing authorities and resources made available by the ,agricultural ,act of #bjad1 that over #ejj million in assistance has already been dedicated to assisting agricultural users and rural communities in ,california and other drought-impacted areas1 and that the ,united ,states ,department of ,agriculture should continue to prioritize such assistance to bring relief to drought-impacted areas4 7#h7 ,that this drought emergency requires an immediate and credible response that respects ,state1 local1 and tribal law1 and that the policies that respond to the drought should not pit ,state against ,state1 region against region1 or stakeholders against one another4 7#i7 ,that ,federal agencies should continue to operate the ,bureau of ,reclamation's ,central ,valley ,project in ,california in compliance with all ,federal and ,state laws1 including biological opinions1 while working with the ,state to maximize operational flexibility in order to deliver as much water as reasonably possible to drought-impacted areas and minimize the harm suffered by fish and wildlife as a result of the drought4 7#aj7 ,that ,congress recognizes the range of separate1 distinct ,federal agencies with authorities and resources that play a role in water supply1 including treatment and remediation of groundwater1 surface water storage1 water recycling and reuse1 and other clean water infrastructure1 and that to avoid duplication and ensure the efficiency and effectiveness of these various ,federal roles1 there is a need for improved coordination1 streamlining1 and collaboration1 both among ,federal agencies and with drought-impacted ,states and localities4 7#aa7 ,that it is the policy of the ,united ,states to respect ,california's coequal goals1 established by the ,delta ,reform ,act of #bjji1 of providing a more reliable water supply for ,california and protecting1 restoring1 and enhancing the ,delta ecosystem1 and that these coequal goals shall be achieved in a manner that protects and enhances the unique cultural1 recreational1 natural resource1 and agricultural values of the ,delta as an evolving place4 7#ab7 ,that the ,state of ,california1 in ,,ca ,water ,code ,section #hejba1 has established a policy to reduce reliance on the ,delta in meeting ,california's future water supply needs through a statewide strategy of investing in improved regional supplies1 conservation1 and water use efficiency1 that ,california law directs each region that depends on water from the ,delta watershed to improve its regional self-reliance for water through investment in water use efficiency1 water recycling1 advanced water technologies1 local and regional water supply projects1 and improved regional coordination of local and regional water supply efforts1 and that it is the intent of ,congress to ensure that ,federal programs1 policies1 and investments respect and compliment1 and do not undermine or conflict with1 ,california's policy of reducing reliance on ,delta diversions4 7#ac7 ,that the ,reclamation ,fund was established in #aijb with the expressed purpose of providing for the construction and maintenance of water infrastructure for the economic development of the western ,states and territories1 with revenues deposited into the fund out of public land sales within these western ,states and territories4 7#ad7 ,that since #aijb1 the ,reclamation ,fund has been supplemented with additional revenues from ,federal water resources development and mineral and natural resource leases on ,federal lands1 such that the surplus within the ,reclamation ,fund now exceeds #aj billion4 7#ae7 ,that the ,reclamation ,fund represents a transfer of a portion of receipts from ,federal lands and ,federal natural resources in the ,west back to the ,west for water development1 and that in this time of drought the ,reclamation ,fund's surplus should be used to assist the ,west in meeting its water needs for public health and safety1 for expanding water recycling1 reuse1 and reclamation1 for meeting the emergency needs of communities impacted by the drought1 and for developing long term solutions to meet the impacts of climate change on this already arid region of the country4 ,i ,emergency ,drought ,response ,appropriations from ,reclamation ,fund #aja4 ,appropriations to be derived from ,reclamation ,fund ,amounts made available under this title shall be derived from the reclamation fund established by section #a of the ,act of ,june #ag1 #aijb 7#db ,u4,s4,c4 #cia2 popularly known as the ,reclamation ,act71 and shall remain available until expended4 #ajb4 ,supplemental appropriations for drought relief 7a7 ,in general ,subject to subsection 7b71 the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for fiscal year #bjae3 7#a7 ,water and ,related ,resources ,for an additional amount for ,department of the ,interior--,bureau of ,reclamation--,water and ,related ,resources1 #cjj1jjj1jjj1 of which not less than #ajj1jjj1jjj shall be for water reclamation and reuse projects authorized under title ,,xvi of ,public ,law #ajb-ege2 of which not less than #ajj1jjj1jjj shall be for ,water,s,m,a,r,t for assistance under the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7#dc ,u4,s4,c4 #bbja et seq472 and of which not less than #ej1jjj1jjj shall be for water acquisition1 water conveyance1 and facilities construction under the ,refuge ,water ,supply ,program3 ,provided1 ,that funds provided under this heading may be used for recycled water projects without regard to whether such projects are otherwise authorized under law3 ,provided further1 ,that sufficient funds are spent on the completion of ,,calfed feasibility studies described in section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd7 that have the financing and feasibility to be under construction within #aj years1 and that for the purposes of this ,act the ,federal cost share of such feasibility studies shall be no less than #ge and that the cost share waiver for such feasibility studies shall extend to ,december #ca1 #bjag4 7#b7 ,hazardous ,substance ,superfund ,for an additional amount for ,environmental ,protection ,agency--,hazardous ,substance ,superfund1 #cjj1jjj1jjj for the cleanup of polluted groundwater supplies4 7#c7 ,rural ,water and ,waste ,disposal ,program ,account ,for an additional amount for ,department of ,agriculture--,rural ,utilities ,service--,rural ,water and ,waste ,disposal ,program ,account1 #e1jjj1jjj for the cost of direct and guaranteed loans and grants for the rural water1 wastewater1 and waste disposal programs authorized by sections #cjf and #caj;,b or described in section #cha;,e7d77#b7 of the ,consolidated ,farm and ,rural ,development ,act4 7#d7 ,drug ,enforcement ,administration ,for an additional amount for ,department of ,justice--,drug ,enforcement ,administration1 #c1jjj1jjj for the ,domestic ,cannabis ,eradication and ,suppression ,program to assist ,state or local law enforcement agencies in the suppression of cannabis operations that are conducted on public lands or that intentionally trespass on the property of another that also divert1 redirect1 obstruct1 drain1 or impound water supply4 7#e7 ,army ,corps of ,engineers ,for an additional amount for the ,army ,corps of ,engineers1 #dj1jjj1jjj to carry out section #ejci of the ,water ,resources and ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bbja et seq474 7#f7 ,land and ,water ,conservation ,fund ,for an additional amount for ,land and ,water ,conservation ,fund1 #ajj1jjj1jjj for the implementation of projects under the ,land and ,water ,conservation ,fund ,act of #aife in drought-affected ,states that reduce fire risk1 improve water quality or downstream water quantity1 or expand ground water recharge capacity4 7#g7 ,low-income migrant and seasonal farmworkers ,for an additional amount for the ,department of ,agriculture1 #be1jjj1jjj for emergency grants to assist low-income migrant and seasonal farmworkers under section #bbha of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#db ,u4,s4,c4 #eagg;a7 to address impacts of drought upon declaration of a natural disaster under section #cba7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aifa7;a77 or for the same purposes in counties that are contiguous to a designated natural disaster area4 7b7 ,drought prioritization ,each amount appropriated under subsection 7a7 shall be used in ,states impacted by drought1 with an emphasis on projects that will provide additional water supplies most expeditiously to areas at risk of having an inadequate supply of water for public health and safety purposes or to improve resiliency to drought1 or projects that provide relief to drought-affected communities facing unemployment and economic dislocation4 7c7 ,emergency designation ,each amount appropriated under subsection 7a7 is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7d7 ,,gao study 7#a7 ,in general ,the ,comptroller ,general shall conduct a comprehensive study on ,federal investments in clean water and wastewater infrastructure1 addressing duplicative and fragmented programs4 ,the report shall include-- 7,a7 a description of how ,federal agencies1 including the ,army ,corps of ,engineers1 the ,environmental ,protection ,agency1 the ,bureau of ,reclamation1 the ,rural ,utilities ,service1 and other relevant agencies1 coordinate their efforts to address nationally1 regionally1 or locally identified needs or priorities in an efficient and effective manner2 and 7,b7 an evaluation of the adequacy of ,federal coordination in meeting the needs of tribal lands4 7#b7 ,report to ,congress ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report containing the results of the study required under paragraph 7#a7 and any recommendations based on such study4 #ajc4 ,supplemental appropriations for the ,environmental ,protection ,agency ,the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for fiscal year #bjae3 ,environmental ,protection ,agency ,state and ,tribal ,assistance ,grants ,for an additional amount for ,state and ,tribal ,assistance ,grants1 #ejj1jjj1jjj1 of which #djj1jjj1jjj shall be for making capitalization grants for the ,state water pollution control revolving funds under title ,,vi of the ,federal ,water ,pollution ,control ,act2 and of which #ajj1jjj1jjj shall be for making capitalization grants for the ,state drinking water treatment revolving loan funds under section #adeb of the ,safe ,drinking ,water ,act3 ,provided1 ,that notwithstanding the time period specified in section #fjc7;d7 7#a77;,a7 of the ,federal ,water ,pollution ,control ,act and section #adeb7;f77#a77;,b77i7 of the ,safe ,drinking ,water ,act1 loans made by such funds shall be authorized for #dj-year terms3 ,provided further1 ,that notwithstanding the formula or allotments set forth in section #fjd of the ,federal ,water ,pollution ,control ,act and section #adeb7;a77#a77;,d7 of the ,safe ,drinking ,water ,act1 loans made by such funds shall be distributed based on an assessment of the immediate need in ,states impacted by drought1 with an emphasis on projects that will provide additional water supplies most expeditiously to areas that are at risk of having an inadequate supply of water for public health and safety purposes or to improve resiliency to drought1 including projects to increase efficiency and conservation by end users3 ,provided further1 ,that to the maximum extent practicable1 highest priority to the loans made with such funds shall be given to projects that have been approved by1 and have previously received funding from1 ,state and local water agencies3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #ajd4 ,supplemental appropriations for the ,water ,infrastructure ,finance and ,innovation ,act program ,the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for fiscal year #bjae3 ,environmental ,protection ,agency ,state and ,tribal ,assistance ,grants ,for an additional amount for ,state and ,tribal ,assistance ,grants1 #bj1jjj1jjj to carry out the ,water ,infrastructure ,finance and ,innovation ,act of #bjad3 ,provided1 ,that loans made by such funds shall be distributed based on an assessment of the immediate need in ,states impacted by drought1 with an emphasis on projects that will provide additional water supplies most expeditiously to areas that are at risk of having an inadequate supply of water for public health and safety purposes or to improve resiliency to drought1 including projects to increase efficiency and conservation by end users3 ,provided further1 ,that the limitations imposed by sections #ejbh7;a77#e7 and #ejbi7;b77#b77;,a7 of the ,water ,resources ,reform and ,development ,act of #bjad shall not apply with respect to a project receiving such funds in any ,state with a drought declaration3 ,provided further1 ,that notwithstanding section #ejbi7;b77#d7 of the ,water ,resources ,reform and ,development ,act of #bjad1 the interest rate for 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 agreement3 ,provided further1 ,that notwithstanding section #ejbh7;a77#b77;,a7 of the ,water ,resources ,reform and ,development ,act of #bjad1 the eligible project costs of a project shall be reasonably anticipated to be not less than #aj1jjj1jjj3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,ii ,new ,water ,infrastructure ,program ,authorizations ,a ,new ,water ,recycling and ,reclamation ,program ,through ,,epa #bja4 ,short title2 findings2 purposes 7a7 ,short title ,this subtitle may be cited as the ,national ,water ,recycling and ,reclamation ,act of #bjae4 7b7 ,findings ,congress finds that-- 7#a7 water supply1 wastewater1 sanitation1 and sewage agencies across the ,nation are developing and investing in water reuse and recycling projects2 7#b7 almost #ijj1jjj acre-feet of annual water supply are in development through these projects and could be expeditiously constructed with increased ,federal investment2 and 7#c7 in ,california alone1 there are water reuse and recycling projects that could add over #ejj1jjj acre-feet of annual water supply4 7c7 ,purposes ,it is the purpose of this subtitle to expand investments in water reuse and recycling projects nationwide4 #bjb4 ,national ,water ,recycling and ,reclamation ,program 7a7 ,establishment ,the ,administrator of the ,environmental ,protection ,agency shall establish and carry out a ,national ,water ,recycling and ,reclamation ,program to provide grants to eligible entities for water recycling and reclamation projects4 7b7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,eligible costs ,the term eligible costs means amounts substantially all of which are paid by1 or for the account of1 an eligible entity in connection with a project1 including the cost of-- 7,a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 permitting1 preliminary engineering and design work1 and other preconstruction activities2 7,b7 construction1 reconstruction1 rehabilitation1 replacement1 and acquisition of real property 7including land related to the project and improvements to land71 environment mitigation1 construction contingencies1 and acquisition of equipment2 7,c7 capitalized interest necessary to meet market requirements1 reasonably required reserve funds1 capital issuance expenses1 and other carrying costs during construction2 and 7,d7 reimbursement for costs described in subparagraphs 7,a7 through 7,c7 incurred prior to the date of enactment of this ,act4 7#b7 ,eligible entity ,the term eligible entity means a corporation1 partnership1 joint venture1 trust1 public or investor-owned utility1 private entity1 government entity1 agency1 or instrumentality1 tribal government1 or any other reclamation and reuse entity1 as determined by the ,administrator4 7#c7 ,program ,the term program means the ,national ,water ,recycling and ,reclamation ,program established under this section4 7c7 ,eligibility 7#a7 ,project costs ,to be eligible for assistance under the program1 a water recycling and reclamation project shall have total eligible costs that are reasonably anticipated to exceed #a1jjj1jjj4 7#b7 ,project sponsor ,to be eligible for assistance under the program1 a water recycling and reclamation project shall have a project sponsor that-- 7,a7 is an eligible entity2 7,b7 submits to the ,administrator an application for the project2 and 7,c7 demonstrates a source for non-,federal revenues that is sufficient to satisfy the non-,federal share of the cost of the project4 7d7 ,competitive grant selection 7#a7 ,in general ,the ,administrator shall-- 7,a7 establish criteria for selecting among projects that meet the eligibility criteria specified in subsection 7c72 7,b7 conduct a national solicitation for applications2 and 7,c7 award grants on a competitive basis4 7#b7 ,selection criteria ,the selection criteria shall include the following3 7,a7 ,the extent to which the project addresses near- and long-term water demand and supply1 protects the environment1 or otherwise enhances the overall water reclamation and reuse system4 7,b7 ,the extent to which the project enhances the return on the ,federal investment through the production of new1 highly renewable water supplies4 7,c7 ,the likelihood that financial assistance under the program will 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 measures that enhance the efficiency of the project4 7#c7 ,deadlines ,the ,administrator shall-- 7,a7 publish the selection criteria under paragraph 7#a7 in the ,federal ,register not later than #ij days after the date of enactment of this ,act2 7,b7 require that applications seeking financial assistance under the program be submitted not later than #ahj days after the date of publication of the selection criteria under subparagraph 7,a72 and 7,c7 provide notice of approved project applications under the program not later than #a year after the date of enactment of this ,act4 7e7 ,federal share ,the ,federal share of the cost of a project receiving financial assistance under the program may not exceed #hj percent4 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #ejj1jjj1jjj for each of fiscal years #bjaf through #bjbj4 ,such sums shall remain available until expended4 7#b7 ,administrative expenses ,from funds made available to carry out this section for a fiscal year1 the ,administrator may use not to exceed #b percent of the funds for the costs of administering this section4 7g7 ,reports to ,congress ,not later than ,october #a1 #bjaf1 and every #b years thereafter1 the ,administrator shall submit to ,congress a report summarizing the financial performance of projects that are receiving1 or have received1 assistance under the program4 7h7 ,regulations ,the ,administrator may issue such regulations as the ,administrator determines appropriate to carry out this section4 7i7 ,failure ,to meet deadline ,if the ,administrator does not meet a deadline under subsection 7d77#c71 the ,administrator shall transfer all funds made available for the program so as to make such funds available for the purpose of making capitalization grants for water recycling and reclamation projects under the ,state water pollution revolving loan fund program under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 and the ,state drinking water treatment revolving loan fund program under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab74 ,b ,reclamation ,infrastructure ,finance and ,innovation ,act 7,,rifia7 #baj4 ,short title2 purposes2 definitions 7a7 ,short title ,this subtitle may be cited as the ,reclamation ,infrastructure ,finance and ,innovation ,act or ,,rifia4 7b7 ,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 infrastructure1 with the goal of every #ajj million in secured loans being leveraged for #a billion in water in water infrastructure financing4 7c7 ,definitions ,in this subtitle3 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 ,state 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 subtitle 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 chapter #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 chapter 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 to an eligible entity under this chapter 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 chapter1 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 chapter3 7#a7 ,a project for the reclamation and reuse of municipal1 industrial1 domestic1 and agricultural wastewater1 and naturally impaired ground1 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 chapter4 7#c7 ,a new water infrastructure facility project1 including a water conduit1 pipeline1 canal1 pumping1 power1 and associated facilities4 7#d7 ,a project for enhanced energy efficiency in the operation of a water system4 7#e7 ,a project for accelerated repair and replacement of an aging water distribution facility4 7#f7 ,a brackish or sea water desalination project4 7#g7 ,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#f74 7#h7 ,a combination of projects1 each of which is eligible under paragraphs 7#a7 through 7#g71 for which an eligible entity submits a single application4 7b7 ,activities eligible for assistance ,for purposes of this chapter1 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 chapter2 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 chapter4 #bae4 ,determination of eligibility and project selection 7a7 ,eligibility requirements ,to be eligible to receive financial assistance under this chapter1 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 repayable 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 chapter4 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 7#c7 ,priority ,the ,secretary shall prioritize projects that promote wastewater recycling1 agricultural or urban water conservation and efficiency1 stormwater capture1 or other innovative projects that reduce reliance on surface and groundwater supplies4 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 chapter4 7d7 ,federal requirements ,nothing in this section supersedes the applicability of other requirements of ,federal law 7including regulations74 #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 #bae2 7,b7 to refinance interim construction financing of eligible project costs of any project selected under section #bae2 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 #bae2 or 7ii7 otherwise meets the requirements of section #bae4 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 #bae7;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 expected 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 under section #bag7;b7 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 chapter4 7b7 ,capital ,reserve ,fund 7#a7 ,in general ,there is hereby established in the ,treasury of the ,united ,states the ,reclamation ,loan ,finance ,capital ,reserve ,fund1 which shall be available for deposit of capital reserve fees provided for under this subsection4 ,amounts deposited shall be credited as offsetting collections4 7#b7 ,capital reserve fees ,to the extent required by appropriations ,acts1 the ,secretary may assess1 collect1 and spend capital reserve fees 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 chapter1 including all or a portion of the outlays associated with the provision of the ,federal credit instruments under this chapter4 7#c7 ,determination of fee amounts ,the capital reserve fees shall be established at amounts that will result in the collection1 during each fiscal year1 of an amount that can be reasonably expected to equal the outlays associated with the provision of the ,federal credit instruments under this chapter4 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 chapter4 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 chapter4 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 chapter2 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 chapter4 #bah4 ,state and local permits ,the provision of financial assistance for a project under this chapter 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 chapter4 #bbj4 ,funding 7a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out this chapter #ajj1jjj1jjj 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 chapter1 the ,secretary may use for the administration of this chapter 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 chapter1 including an assessment of whether the objectives of this chapter 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 chapter or any other provision of law1 including recycled water projects not congressionally authorized-- 7#a7 to recycle wastewater or 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 7f7 ,approval ,the ,secretary may enter into a financial assistance agreement under this section1 if-- 7#a7 the ,secretary notifies ,congress of the proposed agreement at least #ij days before the date on which the ,secretary enters into the agreement2 and 7#b7 ,congress does not pass a joint resolution disapproving the agreement before such date4 #bcb4 ,authorization of appropriations ,there is authorized to be appropriated #gjj1jjj1jjj to carry out this chapter4 #c ,reclamation title transfer program #bda4 ,short title2 definitions 7a7 ,short title ,this chapter may be cited as the ,reclamation ,title ,transfer ,act of #bjae4 7b7 ,definitions ,in this chapter3 7#a7 ,conveyed property ,the term conveyed property means an eligible facility that has been conveyed to a qualifying entity under section #bdb7;b77#a74 7#b7 ,eligible facility 7,a7 ,in general ,the term eligible facility means a reclamation project or facility1 or a portion of a reclamation project or facility1 for which the ,united ,states holds title and that meets the criteria for potential transfer established under section #bdd7;a74 7,b7 ,inclusions ,the term eligible facility includes dams and appurtenant works1 infrastructure1 recreational facilities1 buildings1 distribution and drainage works1 and associated land or interests in land or water4 7#c7 ,qualifying entity ,the term qualifying entity means a ,state1 unit of local government1 ,indian tribe1 municipal corporation1 quasi-municipal corporation1 or other entity 7such as a water district7 that1 as determined by the ,secretary1 has the capacity to continue to manage the conveyed property for the same purposes that the conveyed property has been managed for under the reclamation laws4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of the ,bureau of ,reclamation4 #bdb4 ,authorization of title transfer program 7a7 ,establishment of title transfer program ,the ,secretary may establish a program that-- 7#a7 identifies and analyzes the potential for public benefits from the transfer out of ,federal ownership of eligible facilities1 including analyses of the financial1 operational1 and environmental characteristics of the eligible facilities proposed for transfer2 and 7#b7 facilitates the transfer to qualifying entities of the title to eligible facilities to promote more efficient management of water and water-related facilities4 7b7 ,authorization ,to transfer title to eligible facilities 7#a7 ,in general ,the ,secretary may convey to a qualifying entity all right1 title1 and interest of the ,united ,states in and to any eligible facility1 subject to paragraphs 7#b7 through 7#f71 if-- 7,a7 the ,secretary notifies ,congress in writing of the proposed conveyance at least #ij days before the date on which the ,secretary makes the conveyance2 and 7,b7 ,congress does not pass a joint resolution disapproving the conveyance before such date4 7#b7 ,right of first refusal ,if the entity that operates an eligible facility at the time that the ,secretary attempts to facilitate the transfer of title under subsection 7a77#b7 is a qualifying entity1 that entity shall have the right of first refusal to receive the conveyance under paragraph 7#a74 7#c7 ,reservation of easement ,the ,secretary may reserve an easement over a conveyed property if the ,secretary determines that the easement is necessary for the management of any interests retained by the ,federal ,government under this chapter4 7#d7 ,mineral interests 7,a7 ,retention ,the ,secretary shall retain any mineral interests associated with a conveyed property4 7,b7 ,management ,the mineral interests retained under subparagraph 7,a7 shall be managed-- 7i7 consistent with ,federal law2 and 7ii7 in a manner that would not interfere with the purposes for which the reclamation project was authorized4 7#e7 ,interests in water ,no interests in water shall be conveyed under this chapter unless the conveyance is provided for in writing in an agreement between the ,secretary and the qualifying entity4 7#f7 ,additional criteria ,title transfers under this section shall be carried out consistent with-- 7,a7 this chapter2 and 7,b7 any additional criteria or procedures that the ,secretary determines to be in the public interest4 7c7 ,restrictions on use ,as a condition of obtaining title to an eligible facility1 the qualifying entity shall agree to use the eligible facility for substantially the same purposes the eligible facility is being used for during the period in which the eligible facility was under reclamation ownership4 #bdc4 ,compliance with environmental and historic preservation laws 7a7 ,in general ,before conveying eligible facilities under this chapter1 the ,secretary shall complete all actions required under all applicable laws1 including-- 7#a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7#c7 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq474 7b7 ,limitation on conveyances ,the ,secretary may not convey an eligible facility under this chapter if the ,secretary determines1 as part of a review conducted under the ,national ,environmental ,policy ,act of #aifi and with public input1 that making the conveyance will lessen any of the protections afforded under the laws referred to in subsection 7a7 or is inconsistent with other applicable requirements to preserve and protect environmental1 cultural1 and historic assets4 #bdd4 ,eligibility criteria 7a7 ,establishment ,the ,secretary shall establish criteria for determining whether facilities are eligible for conveyance under this chapter4 7b7 ,minimum ,requirements 7#a7 ,agreement of qualifying entity ,the criteria established under subsection 7a7 shall include a requirement that a qualifying entity agree-- 7,a7 to accept title to the eligible facility2 7,b7 to accept all liability for the eligible facility1 except as otherwise provided in section #bde2 7,c7 to use the eligible facility for substantially the same purposes the eligible facility is being used for at the time the ,secretary evaluates the potential transfer2 and 7,d7 to provide1 as consideration for the assets to be conveyed1 compensation to the ,united ,states in an amount that is the equivalent of the net present value of any repayment obligation to the ,united ,states or other income stream the ,united ,states derives from the eligible facility to be transferred as of the date of the transfer1 including any costs previously deemed beyond the irrigator's ability to pay and reassigned to project power customers for repayment4 7#b7 ,determinations of ,secretary 7,a7 ,in general ,the criteria established under subsection 7a7 shall include a requirement that the ,secretary1 in consultation with the ,governor of any ,state in which the project is located1 determine that the proposed transfer-- 7i7 would not have an unmitigated significant effect on the environment2 7ii7 is uncomplicated1 based on1 as determined by the ,secretary-- 7,i7 there being no significant opposition to the proposed transfer2 7,,ii7 the eligible facility not being hydrologically1 operationally1 or financially integrated with other ,federal or non-,federal water projects2 7,,iii7 the eligible facility not generating electric power sold to1 or eligible to be sold to1 power customers 7other than the project itself72 and 7,,iv7 the parties to the transfer being able to reach agreement on legal1 institutional1 and financial arrangements relating to the conveyance2 7iii7 is consistent with the responsibility of the ,secretary-- 7,i7 to protect land and water resources held in trust for federally recognized ,indian tribes2 and 7,,ii7 to ensure compliance with any applicable international treaties and interstate compacts2 and 7iv7 is in the financial interest of the ,united ,states4 7,b7 ,publication ,the ,secretary shall make publically available information on how the ,secretary made the determinations under subparagraph 7,a74 7#c7 ,status of reclamation land ,the criteria established under subsection 7a7 shall require that any land to be conveyed out of ,federal ownership under this ,act is-- 7,a7 land acquired by the ,secretary2 or 7,b7 land withdrawn by the ,secretary1 only if-- 7i7 the ,secretary determines in writing that the withdrawn land is encumbered by reclamation project facilities to the extent that the withdrawn land is unsuitable for return to the public domain2 and 7ii7 the qualifying entity agrees to pay fair market value for the withdrawn land to be conveyed4 #bde4 ,liability 7a7 ,in general ,except as provided in subsection 7b71 effective beginning on the date of conveyance of any eligible facility under this chapter1 the ,united ,states shall not be liable under any law for damages of any kind arising out of any act1 omission1 or occurrence based on the prior ownership or operation of the conveyed property4 7b7 ,limitation ,notwithstanding subsection 7a71 the ,united ,states shall retain the responsibilities and authorities of the ,united ,states for a conveyed property based on the prior ownership or operation of the conveyed property by the ,united ,states under ,federal environmental laws1 including the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 #bdf4 ,benefits ,after a conveyance of an eligible facility under this chapter-- 7#a7 the conveyed property shall no longer be considered to be a part of a reclamation project2 and 7#b7 the entity to which the conveyed property is conveyed shall not be eligible to receive any benefits with respect to the conveyed property 7including project power71 except for benefits that would be available to a similarly situated entity with respect to property that is not part of a reclamation project4 #bdg4 ,compliance with other laws 7a7 ,in general ,after a conveyance of title under this chapter1 the qualifying entity to which the property is conveyed shall comply with all applicable ,federal1 ,state1 and local laws 7including regulations7 in the operation of the conveyed property4 7b7 ,effect 7#a7 ,in general ,nothing in this chapter shall affect or interfere with-- 7,a7 the laws of any ,state relating to the control1 appropriation1 use1 or distribution of water used in irrigation or for any other purpose2 7,b7 any vested right acquired under ,state law2 or 7,c7 any interstate compact1 decree1 or negotiated water rights agreement4 7#b7 ,conformity with ,state law ,in carrying out this chapter1 the ,secretary shall proceed in conformity with the ,state laws and rights acquired under ,state law described in paragraph 7#a74 #bdh4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to carry out this chapter such sums as are necessary4 7b7 ,use of amounts ,amounts made available under subsection 7a7 may be used-- 7#a7 to carry out the investigations to carry out this chapter2 and 7#b7 to pay any other costs associated with conveyances under this chapter1 including an appropriate ,federal share of the costs of compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and other applicable law4 7c7 ,not treated as project costs ,expenditures made by the ,secretary under this chapter-- 7#a7 shall not be a project cost assignable to a reclamation project2 and 7#b7 shall be nonreimbursable4 #bdi4 ,termination of authority ,the authority of the ,secretary to carry out conveyances under this chapter shall terminate #ae years after the date of enactment of this ,act4 ,c ,innovative ,stormwater ,capture ,program #bea4 ,short title ,this subtitle may be cited as the ,innovative ,stormwater ,infrastructure ,act of #bjae4 #beb4 ,purposes and findings ,congress finds that-- 7#a7 many water resources in the ,united ,states are declining1 particularly in urban and agricultural areas2 7#b7 the decline of water resources is the result of-- 7,a7 an increase in population1 water consumption1 and impermeable surfaces2 and 7,b7 the negative effects of urbanization1 commercial and industrial activities1 and increasing and persistent droughts2 7#c7 an ,october #bjjh study by the ,national ,research ,council found that some of the benefits of innovative stormwater control infrastructure include-- 7,a7 increased water supplies2 7,b7 the creation of jobs2 7,c7 cost savings2 and 7,d7 a reduction of stormwater runoff1 surface water discharge1 stormwater pollution1 and stormwater flows to protect and restore natural hydrology1 meeting local conditions to the maximum extent feasible2 and 7#d7 capturing stormwater runoff in urban and suburban areas of the ,state of ,california can increase water supplies by over #fjj1jjj acre-feet annually1 and that similar benefits are achievable in the urban and suburban areas of other ,states4 #bec4 ,definitions ,in this subtitle3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,center ,the term center means a center of excellence for innovative stormwater control infrastructure established under section #d7;a74 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 tribal1 or local government2 or 7,b7 a local1 regional1 or other entity that manages stormwater1 drinking water resources1 or waste water resources4 7#d7 ,eligible institution 7,a7 ,in general ,the term eligible institution means an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja771 or a research institution1 that has demonstrated excellence in innovative stormwater control infrastructure by-- 7i7 conducting research on innovative stormwater control infrastructure to determine the means by which innovative infrastructure reduces stormwater runoff1 enhances and protects drinking water sources1 and improves water quality2 7ii7 developing and disseminating information regarding the means by which an organization can use innovative stormwater control infrastructure2 7iii7 providing technical assistance to an organization for an innovative stormwater control infrastructure project2 7iv7 developing best practices standards for innovative stormwater control infrastructure2 7v7 providing job training relating to innovative stormwater control infrastructure2 7vi7 developing course curricula for-- 7,i7 elementary schools 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7,,ii7 secondary schools 7as defined in that section72 7,,iii7 institutions of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 or 7,,iv7 vocational schools2 7vii7 training students regarding innovative stormwater control infrastructure2 or 7viii7 providing information to the ,federal ,government or ,state1 tribal1 and local governments regarding the implementation of innovative stormwater control infrastructure4 7,b7 ,associated definition ,for purposes of subparagraph 7,a71 the term research institution means an entity that is-- 7i7 described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf2 7ii7 exempt from tax under section #eja7;a7 of the ,internal ,revenue ,code of #aihf2 and 7iii7 organized and operated for research purposes4 7#e7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #eah7;h7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgg7;h774 7#f7 ,state ,the term ,state means-- 7,a7 each of the several ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 7,g7 the ,federated ,states of ,micronesia2 7,h7 the ,republic of the ,marshall ,islands2 7,i7 the ,republic of ,palau2 and 7,j7 the ,united ,states ,virgin ,islands4 7#g7 ,innovative stormwater control infrastructure 7,a7 ,in general ,the term innovative stormwater control infrastructure means any green infrastructure stormwater management technique that-- 7i7 uses natural systems or engineered systems that mimic natural processes to infiltrate1 evapotranspire1 or capture stormwater2 and 7ii7 preserves1 enhances1 or mimics natural hydrology to protect or restore water quality4 7,b7 ,inclusions ,the term innovative stormwater control infrastructure includes-- 7i7 methods that promote absorption1 uptake1 percolation1 evapotranspiration1 and filtration by soil and plant life2 and 7ii7 the preservation or restoration of-- 7,i7 natural topography1 including hills1 plains1 ravines1 and shorelines2 7,,ii7 interconnected networks of natural land that protect essential ecological functions critical for water quality2 7,,iii7 ecological function1 including forests1 grasslands1 and deserts2 7,,iv7 bodies of water1 including lakes1 flood plains1 headwaters1 and wetlands2 and 7,v7 native soil characteristics of composition1 structure1 and transmissivity4 #bed4 ,centers of ,excellence for innovative stormwater control infrastructure 7a7 ,establishment of centers 7#a7 ,in general ,the ,administrator shall provide grants1 on a competitive basis1 to eligible institutions to establish and maintain not less than #c1 and not more than #e1 centers of excellence for innovative stormwater control infrastructure1 to be located in various regions throughout the ,united ,states4 7#b7 ,general operation ,each center shall-- 7,a7 conduct research on innovative stormwater control infrastructure that is relevant to the geographical region in which the center is located1 including stormwater and sewer overflow reduction1 other approaches to water resource enhancement1 and other environmental1 economic1 and social benefits2 7,b7 develop manuals and establish industry standards on best management practices relating to ,state1 tribal1 local1 and commercial innovative stormwater control infrastructure for use by ,state1 tribal1 and local governments and the private sector2 7,c7 develop and administer testing and evaluation protocols to measure and verify the performance of stormwater infrastructure products and practices2 7,d7 provide information regarding research conducted under subparagraph 7,a71 manuals developed under subparagraph 7,b71 and testing and evaluation performed under subparagraph 7,c7 to the national electronic clearinghouse center for publication on the ,internet website established under subsection 7c7 to provide to the ,federal ,government and ,state1 tribal1 and local governments and the private sector information regarding innovative stormwater control infrastructure2 7,e7 provide technical assistance to ,state1 tribal1 and local governments to assist with the construction1 operation1 and maintenance of innovative stormwater control infrastructure projects2 7,f7 collaborate with institutions of higher education and private and public organizations in the geographical region in which the center is located on innovative stormwater control infrastructure research and technical assistance projects2 7,g7 assist institutions of higher education1 secondary schools1 and vocational schools to develop innovative stormwater control infrastructure curricula2 7,h7 provide training regarding innovative stormwater control infrastructure to institutions of higher education and professional schools2 7,i7 evaluate regulatory and policy issues relating to innovative stormwater control infrastructure2 and 7,j7 coordinate with the other centers to avoid duplication of efforts4 7b7 ,application ,to be eligible to receive a grant under this section1 an eligible institution shall prepare and submit to the ,administrator an application at such a time1 in such form1 and containing such information as the ,administrator may require4 7c7 ,national electronic clearinghouse center ,of the centers established under subsection 7a77#a71 one shall-- 7#a7 be designated as the national electronic clearinghouse center2 and 7#b7 in addition to the other functions of that center-- 7,a7 develop1 operate1 and maintain an ,internet website and a public database that contain information relating to innovative stormwater control infrastructure2 and 7,b7 post to the website information from all centers4 #bee4 ,innovative stormwater control infrastructure project grants 7a7 ,grant authority ,the ,administrator shall provide grants1 on a competitive basis1 to eligible entities to carry out innovative stormwater control infrastructure projects in accordance with this section4 7b7 ,innovative stormwater control infrastructure projects 7#a7 ,planning and development grants ,the ,administrator may make planning and development grants under this section for the following projects3 7,a7 ,planning and designing innovative stormwater control infrastructure projects1 including engineering surveys1 landscape plans1 maps1 and implementation plans4 7,b7 ,identifying and developing standards and revisions to local zoning1 building1 or other local codes necessary to accommodate innovative stormwater control infrastructure projects4 7,c7 ,identifying and developing fee structures to provide financial support for design1 installation1 and operations and maintenance of innovative stormwater control infrastructure4 7,d7 ,developing training and educational materials regarding innovative stormwater control infrastructure for distribution to-- 7i7 individuals and entities with applicable technical knowledge2 and 7ii7 the public4 7,e7 ,developing an innovative stormwater control infrastructure portfolio standard program described in section #f7;e74 7#b7 ,implementation grants ,the ,administrator may make implementation grants under this section for the following projects3 7,a7 ,installing innovative stormwater control infrastructure4 7,b7 ,protecting or restoring interconnected networks of natural areas that protect water quality4 7,c7 ,monitoring and evaluating the environmental1 economic1 or social benefits of innovative stormwater control infrastructure4 7,d7 ,implementing a best practices standard for an innovative stormwater control infrastructure program4 7,e7 ,implementing an innovative stormwater control infrastructure portfolio standard program described in section #f7;e74 7c7 ,application ,except as otherwise provided in this ,act1 to be eligible to receive a grant under this section1 an eligible entity shall prepare and submit to the ,administrator an application at such time1 in such form1 and containing such information as the ,administrator may require1 including1 as applicable-- 7#a7 a description of the innovative stormwater control infrastructure project2 7#b7 a plan for monitoring the impacts of the innovative stormwater control infrastructure project on the water quality and quantity2 7#c7 an evaluation of other environmental1 economic1 and social benefits of the innovative stormwater control infrastructure project2 and 7#d7 a plan for the long-term operation and maintenance of the innovative stormwater control infrastructure project4 7d7 ,additional requirement for innovative stormwater control infrastructure portfolio standard project ,in addition to an application under subsection 7c71 a ,state or ,indian tribe applying for a grant for an innovative stormwater control infrastructure portfolio standard program described in section #f7;e7 shall prepare and submit to the ,administrator a schedule of increasing minimum percentages of the annual water to be managed using innovative stormwater control infrastructure under the program4 7e7 ,priority ,in making grants under this section1 the ,administrator shall give priority to applications submitted on behalf of-- 7#a7 a community that-- 7,a7 has combined storm and sanitary sewers in the collection system of the community2 or 7,b7 is a low-income or disadvantaged community1 as determined by the ,administrator2 or 7#b7 an eligible entity that will use not less than #aj percent of the grant to provide service to a low-income or disadvantaged community1 as determined by the ,administrator4 7f7 ,maximum amounts 7#a7 ,planning and development grants 7,a7 ,single grant ,the amount of a single planning and development grant provided under this section shall be not more than #bjj1jjj4 7,b7 ,aggregate amount ,the total amount of all planning and development grants provided under this section for a fiscal year shall be not more than #a_/c of the total amount made available to carry out this section4 7#b7 ,implementation grants 7,a7 ,single grant ,the amount of a single implementation grant provided under this section shall be not more than #c1jjj1jjj4 7,b7 ,aggregate amount ,the total amount of all implementation grants provided under this section for a fiscal year shall be not more than #b_/c of the total amount made available to carry out this section4 7g7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,federal share of a grant provided under this section shall not exceed #fe percent of the total project cost4 7#b7 ,credit for implementation grants ,the ,administrator shall credit toward the non-,federal share of the cost of an implementation project carried out under this section the cost of planning1 design1 and construction work completed for the project using funds other than funds provided under this ,act4 7#c7 ,exception ,the ,administrator may waive the ,federal share limitation under paragraph 7#a7 for an eligible entity that has adequately demonstrated financial need4 #bef4 ,environmental ,protection ,agency innovative stormwater control infrastructure promotion 7a7 ,in general ,the ,administrator shall ensure that the ,office of ,water1 the ,office of ,enforcement and ,compliance1 the ,office of ,research and ,development1 and the ,office of ,policy of the ,environmental ,protection ,agency promote the use of innovative stormwater control infrastructure in and coordinate the integration of innovative stormwater control infrastructure into permitting programs1 planning efforts1 research1 technical assistance1 and funding guidance4 7b7 ,duties ,the ,administrator shall ensure that the ,office of ,water-- 7#a7 promotes the use of innovative stormwater control infrastructure in the programs of the ,environmental ,protection ,agency2 7#b7 supports establishing public-private partnerships and other innovative financing mechanisms in the implementation of innovative stormwater control infrastructure2 and 7#c7 coordinates efforts to increase the use of innovative stormwater control infrastructure with-- 7,a7 other ,federal departments and agencies2 7,b7 ,state1 tribal1 and local governments2 and 7,c7 the private sector4 7c7 ,regional innovative stormwater control infrastructure promotion ,the ,administrator shall direct each regional office of the ,environmental ,protection ,agency1 as appropriate based on local factors1 to promote and integrate the use of innovative stormwater control infrastructure within the region that includes-- 7#a7 a plan for monitoring1 financing1 mapping1 and designing the innovative stormwater control infrastructure2 7#b7 outreach and training regarding innovative stormwater control infrastructure implementation for ,state1 tribal1 and local governments1 tribal communities1 and the private sector2 and 7#c7 the incorporation of innovative stormwater control infrastructure into permitting and other regulatory programs1 codes1 and ordinance development1 including the requirements under consent decrees and settlement agreements in enforcement actions4 7d7 ,innovative stormwater control infrastructure information-,sharing ,the ,administrator shall promote innovative stormwater control infrastructure information-sharing1 including through an ,internet website1 to share information with1 and provide technical assistance to1 ,state1 tribal1 and local governments1 tribal communities1 the private sector1 and the public regarding innovative stormwater control infrastructure approaches for-- 7#a7 reducing water pollution2 7#b7 protecting water resources2 7#c7 complying with regulatory requirements2 and 7#d7 achieving other environmental1 public health1 and community goals4 7e7 ,innovative stormwater control infrastructure portfolio standard ,the ,administrator1 in collaboration with ,state1 tribal1 and local water resource managers1 shall establish voluntary measurable goals1 to be known as the innovative stormwater control infrastructure portfolio standard1 to increase the percentage of annual water managed by eligible entities that use innovative stormwater control infrastructure4 #beg4 ,report to ,congress ,not later than ,september #cj1 #bjag1 the ,administrator shall submit to ,congress a report that includes1 with respect to the period covered by the report-- 7#a7 a description of all grants provided under this ,act2 7#b7 a detailed description of-- 7,a7 the projects supported by those grants2 and 7,b7 the outcomes of those projects2 7#c7 a description of the improvements in technology1 environmental benefits1 resources conserved1 efficiencies1 and other benefits of the projects funded under this ,act2 7#d7 recommendations for improvements to promote and support innovative stormwater control infrastructure for the centers1 grants1 and activities under this ,act2 and 7#e7 a description of existing challenges concerning the use of innovative stormwater control infrastructure4 #beh4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this ,act such sums as are necessary for each of fiscal years #bjaf through #bjba4 ,,iii ,improved ,infrastructure and ,water ,management ,a ,restoring ,america's ,watersheds and ,increasing ,water ,yields #cja4 ,short title ,this subtitle may be cited as the ,restoring ,america's ,watersheds ,act of #bjae4 #cjb4 ,findings ,congress makes the following findings3 7#a7 ,watershed health and effective headwaters management can have multiple benefits for water supply reliability1 water quality1 and ecosystems4 7#b7 ,investments to restore meadows1 forests1 and watersheds will improve their critical hydrological functions and reduce wildfire impacts4 7#c7 ,proper ecosystem restoration could increase groundwater storage by #ej1jjj to #ejj1jjj acre-feet per year just within the ,national ,forest ,system lands in the ,sierra bioregion of the ,state of ,california4 7#d7 ,improved headwaters management would have a similarly significant impact on groundwater storage within ,national ,forest ,system lands across the western ,states4 7#e7 ,source watersheds are recognized and defined as an integral part of federally funded water systems4 #cjc4 ,water ,source ,protection ,program ,subtitle ,a of title ,,iii of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #aabf7 is amended by adding at the end the following3 #cjjb4 ,water ,source ,protection ,program 7a7 ,in general ,the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service 7referred to in this section as the ,secretary71 shall establish and maintain a ,water ,source ,protection ,program 7referred to in this section as the ,program7 within the ,national ,forest ,system west of the #ajjth ,meridian4 7b7 ,water source investment partnerships 7#a7 ,in general ,in carrying out the ,program1 the ,secretary may enter into water source investment partnerships with end water users 7including ,states1 political subdivisions1 ,indian tribes1 utilities1 municipal water systems1 irrigation districts1 nonprofit organizations1 and corporations7 to protect and restore the condition of ,national ,forest watersheds that provide water to the non-,federal partners4 7#b7 ,form ,a partnership described in paragraph 7#a7 may take the form of memoranda of understanding1 cost-share or collection agreements1 long-term match funding commitments1 or other appropriate instruments4 7c7 ,water source management plan 7#a7 ,in general ,in carrying out the ,program1 the ,secretary may produce a water source management plan in cooperation with the water source investment partnership participants and ,state1 local1 and tribal governments4 7#b7 ,firewood ,a water source management plan may give priority to projects that facilitate the gathering of firewood for personal use pursuant to section #bbc4e of title #cf1 ,code of ,federal ,regulations 7or successor regulations74 7#c7 ,environmental analysis ,the ,secretary may conduct-- 7,a7 a single environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for all or part of the restoration projects in the water source management plan2 and 7,b7 a statement or analysis described in subparagraph 7,a7 as part of the development of the water source management plan or after the finalization of the plan4 7#d7 ,endangered ,species ,act ,in carrying out the ,program1 the ,secretary may use the ,manual on ,adaptive ,management of the ,department of the ,interior1 including any associated guidance1 for purposes of fulfilling any requirements under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#e7 ,funds and services 7,a7 ,in general ,in carrying out the ,program1 the ,secretary may accept and use funding1 services1 and other forms of investment and assistance from water source investment partnership participants to implement the water source management plan4 7,b7 ,manner of use ,the ,secretary may accept and use investments described in subparagraph 7,a7 directly or indirectly through the ,national ,forest ,foundation4 7,c7 ,water ,source ,protection ,fund 7i7 ,in general ,subject to the availability of appropriations1 the ,secretary may establish a ,water ,source ,protection ,fund to match funds or in-kind support contributed by water source investment partnership participants under subparagraph 7,a74 7ii7 ,use of appropriated funds ,the ,secretary may use funds appropriated to carry out this subparagraph to make multiyear commitments1 if necessary1 to implement #a or more water source investment partnership agreements4 4 #cjd4 ,watershed ,condition ,framework ,subtitle ,a of title ,,iii of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #aabf7 is amended by inserting after section #cjjb1 as added by section #cjc1 the following3 #cjjc4 ,watershed ,condition ,framework 7a7 ,in general ,the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service 7referred to in this section as the ,secretary71 shall establish and maintain a ,watershed ,condition ,framework within the ,national ,forest ,system west of the #ajjth ,meridian-- 7#a7 to evaluate and classify the condition of watersheds1 taking into consideration-- 7,a7 water quality and quantity2 7,b7 aquatic habitat and biota2 7,c7 riparian and wetland vegetation2 7,d7 the presence of roads and trails2 7,e7 soil type and condition2 7,f7 groundwater-dependent ecosystems2 7,g7 relevant terrestrial indicators1 such as fire regime1 risk of catastrophic fire1 forest and rangeland vegetation1 invasive species1 and insects and disease2 and 7,h7 other significant factors1 as determined by the ,secretary2 7#b7 to identify for restoration up to #e priority watersheds in each ,national ,forest1 and up to #b priority watersheds in each national grassland1 taking into consideration the impact of the condition of the watershed condition on-- 7,a7 wildfire behavior2 7,b7 flood risk2 7,c7 fish and wildlife2 7,d7 drinking water supplies2 7,e7 irrigation water supplies2 7,f7 forest-dependent communities2 and 7,g7 other significant impacts1 as determined by the ,secretary2 7#c7 to develop a watershed restoration action plan for each priority watershed that-- 7,a7 takes into account existing restoration activities being implemented in the watershed2 and 7,b7 includes1 at a minimum-- 7i7 the major stressors responsible for the impaired condition of the watershed2 7ii7 a set of essential projects that1 once completed1 will address the identified stressors and improve watershed conditions2 7iii7 a proposed implementation schedule2 7iv7 potential partners and funding sources2 and 7v7 a monitoring and evaluation program2 7#d7 to prioritize restoration activities for each watershed restoration action plan2 7#e7 to implement each watershed restoration action plan2 and 7#f7 to monitor the effectiveness of restoration actions and indicators of watershed health4 7b7 ,coordination ,throughout the establishment and maintenance of the ,watershed ,condition ,framework1 the ,secretary shall-- 7#a7 coordinate with interested non-,federal landowners and with ,state1 tribal1 and local governments within the relevant watershed2 and 7#b7 provide for an active and ongoing public engagement process4 7c7 ,emergency designation ,notwithstanding subsection 7a77#b71 the ,secretary may identify a watershed as a priority for rehabilitation in the ,watershed ,condition ,framework without using the process described in subsection 7a71 if the appropriate ,forest ,supervisor determines that-- 7#a7 a wildfire has significantly diminished the condition of the watershed2 and 7#b7 the emergency stabilization activities of the ,burned ,area ,emergency ,response ,team are insufficient to return the watershed to proper function4 4 #cje4 ,forest ,service ,legacy ,roads and ,trails ,remediation ,program 7a7 ,in general ,the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service 7referred to in this section as the ,secretary71 shall establish and maintain a ,forest ,service ,legacy ,roads and ,trails ,remediation ,program 7referred to in this section as the ,program7 within the ,national ,forest ,system west of the #ajjth ,meridian-- 7#a7 to carry out critical maintenance and urgent repairs and improvements on ,national ,forest ,system roads1 trails1 and bridges2 7#b7 to restore fish and other aquatic organism passage by removing or replacing unnatural barriers to the passage of fish and other aquatic organisms2 7#c7 to decommission unneeded roads and trails2 and 7#d7 to carry out associated activities4 7b7 ,priority ,in implementing the ,program1 the ,secretary shall give priority to projects that protect or restore-- 7#a7 water quality2 7#b7 watersheds that feed public drinking water systems2 or 7#c7 habitat for threatened1 endangered1 and sensitive fish and wildlife species4 7c7 ,national ,forest ,system ,except as authorized under section #cbc of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7#af ,u4,s4,c4 #ajaa;a71 all projects carried out under the ,program shall be on ,national ,forest ,system roads4 7d7 ,national ,program ,strategy ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall develop a national strategy for implementing the ,program4 #cjf4 ,reauthorization of the ,collaborative ,forest ,landscape ,restoration ,fund ,section #djjc7;f77#f7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjc7;f77#f77 is amended by striking #bjai1 to remain available until expended and inserting #bjae1 and #hj1jjj1jjj for each of fiscal years #bjaf through #bjbd1 to remain available until expended4 ,b ,reservoir ,operation ,improvement #caa4 ,short title ,this subtitle may be cited as the ,five ,demonstrations of ,advancing ,yields by ,fixing ,operations of ,reservoirs to ,encompass ,climatic and ,atmospheric ,science ,trends ,act4 #cab4 ,projects1 plans1 and reports 7a7 ,specific information ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of the ,army shall provide to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate a report including the following information for any ,state under a gubernatorial drought declaration during water year #bjae3 7#a7 ,a list of ,army ,corps and non-,army ,corps 7section #g of the ,flood ,control ,act of #aidd 7#cc ,u4,s4,c4 #gji77 projects that have a water control plan4 7#b7 ,the year the original water control manual was approved4 7#c7 ,the year for any subsequent revisions to the project's water control plan and manual4 7#d7 ,a list of projects in which operational deviations for drought contingency have been requested or implemented and the status of the request4 7#e7 ,how water conservation and water quality improvements were addressed4 7#f7 ,a list of projects where permanent changes to storage allocations have been requested and the status of the request4 7b7 ,identification of projects ,not later than #fj days after completion of the report under subsection 7a71 the ,secretary of the ,army1 in consultation with the ,national ,oceanic and ,atmospheric ,administration1 shall identify any projects from the report that meet the following criteria3 7#a7 ,located in a ,state in which a drought emergency has been declared or was in effect during the #a-year period preceding the date of completion of the report by the ,secretary under subsection 7a74 7#b7 ,future revision of a water operations manual1 including flood control rule curves1 based on the better use of improved weather forecasting or run-off forecasting methods1 new watershed data1 or changes to project operations1 would be likely to enhance the existing authorized project purposes for water supply storage capacity and reliability1 or flood control operations4 7c7 ,additional projects ,in addition1 not later than #fj days after completion of the report in subsection 7a71 the ,secretary of the ,army shall identify any non-,corps projects that meet the criteria in subsection 7b7 and the following #b criteria3 7#a7 ,the owner of the non-,corps project has submitted to the ,secretary of the ,army a formal request to review or revise the operations manual or flood control rule curves to accommodate new watershed data or projected project modifications or operational changes4 7#b7 ,the modifications or operational changes proposed by the owner of the non-,corps projects are likely to enhance water supply benefits and flood control operations4 7d7 ,pilot projects ,not later than #a year after identification of the projects in subsections 7b7 and 7c71 if any1 the ,secretary of the ,army1 in consultation with the ,national ,oceanic and ,atmospheric ,administration1 shall establish not more than #e pilot projects to implement forecast-based reservoir operations4 7e7 ,coordination with non-,federal project sponsor 7#a7 ,in general ,if any of the projects identified in subsections 7b7 and 7c7 are non-,federal projects1 the ,secretary of the ,army1 prior to carrying out an activity under this section1 shall consult with the non-,federal project sponsor and enter into a cooperative agreement1 memorandum of understanding1 or other agreement with the non-,federal project sponsor4 7#b7 ,definition ,in this subsection1 the term non-,federal project sponsor means an entity or a local government entity1 including a municipal water district1 that currently manages 7in whole or in part7 an ,army ,corps of ,engineers dam or reservoir4 7f7 ,forecast-,based reservoir operations plan ,as part of the pilot project under subsection 7d71 the ,secretary1 in consultation with the ,national ,oceanic and ,atmospheric ,administration1 in designing and implementing a forecast-based reservoir operations plan1 shall include the following3 7#a7 ,the relationship between ocean and atmospheric conditions1 including the ,el ,nio and ,la ,nia cycles1 and the potential for above normal1 normal1 and below normal rainfall for the coming water year4 7#b7 ,the precipitation and runoff index specific to the basin and watershed of the relevant dam or reservoir1 including incorporating information about hydrological and meteorological conditions that influence the timing and quantity of runoff4 7#c7 ,improved hydrologic forecasting for precipitation1 snowpack1 streamflow1 and soil moisture conditions4 7#d7 ,an adjustment of operational flood control rule curves to optimize water supply storage and reliability1 hydropower production1 environmental benefits for flows and temperature1 and other authorized project benefits1 without a reduction in flood safety4 7#e7 ,proactive management in response to changes in forecasts4 7g7 ,non-,federal funds ,upon finalizing an agreement with a non-,federal project sponsor pursuant to subsection 7e71 the ,secretary of the ,army may accept non-,federal funds for all or a portion of the cost of carrying out a review or revision of water control manuals and flood control rule curves4 7h7 ,no additional authority ,revisions of the manuals referred to in subsection 7b7 shall not interfere with authorized purposes4 ,nothing in this ,act authorizes the ,secretary of the ,army to carry out1 at a ,corps of ,engineers dam or reservoir1 any project for a purpose not otherwise authorized as of the date of enactment of this ,act4 7i7 ,consultation ,in implementing the pilot projects pursuant to subsection 7d71 the ,secretary of the ,army may consult with other affected interests1 including non-,federal entities responsible for operations and maintenance costs of a ,corps facility1 affected water rights holders1 individuals and entities with storage entitlements1 and local agencies with flood control responsibilities downstream of a ,corps facility4 7j7 ,change to operations manual ,not later than #ahj days after the completion of a change to the operations manual or flood control rule curves1 the ,secretary shall submit a report to the appropriate committees of ,congress regarding the components of the forecast-based reservoir operations plan incorporated into the change4 ,c ,reclamation ,projects for ,renewable ,energy ,to ,reduce ,evaporation ,loss #cbj4 ,findings and purpose 7a7 ,findings ,the ,congress finds that-- 7#a7 evaporative loss along ,bureau of ,reclamation reservoirs1 canals1 and other conveyance systems reduces the quantity and reliability of water deliveries2 7#b7 drought and extreme aridity from changing weather patterns will contribute to increased evaporative loss in the future2 and 7#c7 existing ,central ,valley ,project operations assume a conveyance loss for evaporation and seepage south of the ,delta of #aej1jjj acre-feet annually4 7b7 ,purpose ,the purpose of this subtitle is to expand investments in infrastructure for ,bureau of ,reclamation reservoirs1 canals1 and other conveyance systems1 that will provide shade1 reduce evaporative loss1 and increase water supplies in the arid western ,states4 #cba4 ,definitions ,in this subtitle3 7#a7 ,covered land ,the term covered land means land that is-- 7,a7 land under the administrative jurisdiction of the ,bureau of ,reclamation2 and 7,b7 not excluded from the development of solar or wind energy under-- 7i7 a final land use plan established under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 or 7ii7 ,federal law4 7#b7 ,fund ,the term ,fund means the ,fish and ,wildlife ,restoration ,fund established under section #cbd4 7#c7 ,public land ,the term public land has the meaning given the term public lands in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #cbb4 ,evaluation and report 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary shall complete an evaluation and report to ,congress on the potential for developing rights-of-way along ,bureau of ,reclamation canals and infrastructure1 including reservoirs1 for solar or wind energy production through leasing of lands or other means4 7b7 ,report ,the report to ,congress shall specify-- 7#a7 the location of potential rights-of-way for energy production2 7#b7 estimates of water losses due to evaporation that would be reduced due to shade and other benefits from energy production2 7#c7 the total acreage available for energy production2 7#d7 existing transmission infrastructure at such locations2 7#e7 estimates of fair market leasing value of potential energy sites2 and 7#f7 estimates of energy development potential at sites4 #cbc4 ,development of solar and wind energy on covered land 7a7 ,pilot program on selected covered land 7#a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish a wind and solar energy leasing pilot program under which the ,secretary conducts lease sales of certain sites located on covered land for purposes of carrying out wind and solar energy projects4 7#b7 ,selection of sites on covered land 7,a7 ,in general ,not later than #ij days after the date the pilot program is established under paragraph 7#a71 the ,secretary shall select from covered land-- 7i7 #a site for the development of a solar energy project2 and 7ii7 #a site for the development of a wind energy project4 7,b7 ,site selection ,in selecting sites under subparagraph 7,a71 the ,secretary shall-- 7i7 give a preference to sites that the ,secretary determines-- 7,i7 are likely to attract a high level of wind and solar energy industry interest2 7,,ii7 would likely have a positive impact on water supply through reducing water loss from evaporation by providing shade and temperature reductions1 or beneficial impacts from energy production and infrastructure2 and 7,,iii7 would serve as models for the expansion of the pilot program to other locations if the program is expanded under subsection 7c72 7ii7 take into consideration the value of the multiple resources of the covered land on which such sites are located2 and 7iii7 not select any site for which a right-of-way or special use permit for site testing or construction has been issued under title ,v of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa et seq474 7#c7 ,lease sales of project sites 7,a7 ,in general ,except as provided in paragraph 7#d77;,b77i71 not later than #ahj days after the date on which sites are selected under paragraph 7#b71 the ,secretary shall offer each site for competitive leasing under such terms and conditions as the ,secretary requires4 7,b7 ,bidding ,bidding on a site offered for lease under this subsection shall be-- 7i7 limited to one round2 7ii7 open only to bidders who-- 7,i7 submit a plan of development for such site together with the bid2 and 7,,ii7 the ,secretary determines are qualified under subparagraph 7,c77ii72 and 7iii7 conducted using a bidding system selected by the ,secretary1 including-- 7,i7 a cash bonus bids system requiring payment of the royalty established under this ,act2 7,,ii7 a variable royalty bids system based on a percentage of the gross proceeds from the sale of electricity produced from the site offered for lease1 except that the royalty shall not be less than the royalty required under this ,act1 together with a fixed cash bonus2 or 7,,iii7 such other bidding system as ensures a fair return to the public consistent with the royalty established under this ,act4 7,c7 ,bidder qualifications ,the ,secretary shall-- 7i7 before conducting any lease sale under this subsection1 establish qualification requirements for bidders on a site offered for lease that ensure that such bidders1 with respect to wind or solar energy projects-- 7,i7 are able to expeditiously develop such a project on the site2 7,,ii7 possess the financial resources necessary to complete such a project2 7,,iii7 possess knowledge of the technology needed to complete such a project2 7,,iv7 meet eligibility requirements that are substantially similar to the eligibility requirements for leasing that apply under the first section of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq472 and 7,v7 possess such other qualifications as the ,secretary determines are necessary2 and 7ii7 using the requirements established under clause 7i71 determine whether a person is qualified to be a bidder on a site offered for lease under this subsection4 7,d7 ,credit for bid preparation expenditures ,in the case of a site offered for lease under this subsection with respect to which more than one bid is submitted on the date of the lease sale of such site1 the ,secretary shall give credit to each person who submitted a bid with respect to such site for expenditures such person incurred in the preparation of such bid4 7#d7 ,lease terms 7,a7 ,in general ,the ,secretary may establish such lease terms and conditions1 including the duration of the lease with respect to any site offered for lease under this subsection4 7,b7 ,short-term leases for data collection ,in carrying out this subsection1 the ,secretary shall-- 7i7 offer on a noncompetitive basis a short-term lease on not less than one site selected under paragraph 7#b7 for purposes of data collection2 and 7ii7 upon the expiration of the short-term lease1 offer on a competitive basis a long-term lease1 giving credit toward the bonus bid submitted with respect to the long-term lease to the holder of the short-term lease for any qualified expenditures made by such holder to collect data or to develop the site during such short-term lease4 7#e7 ,revenues ,subject to section #cbd1 the ,secretary may collect bonus bids1 royalties1 fees1 or other payments 7except rental payments7 with respect to sites offered for lease under this subsection4 7#f7 ,report ,not later than #ij days after the date on which the ,secretary conducts the final lease sale under this subsection1 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 on the results of each lease sale conducted under this subsection1 including-- 7,a7 the level of competitive interest2 7,b7 a summary of bids and revenues received2 and 7,c7 any other factors that may have impacted the lease sale4 7#g7 ,other laws 7,a7 ,compliance with land management and environmental laws ,in offering sites for lease under this subsection1 the ,secretary concerned shall comply with-- 7i7 all ,federal laws applicable to lands under the administrative jurisdiction of the ,bureau of ,land ,management2 and 7ii7 ,federal or ,state environmental laws or any other relevant laws4 7,b7 ,applicability to wind and solar energy projects under other ,federal laws ,nothing in this subsection shall be construed so as to prohibit the ,secretary from issuing rights-of-way or special use permits with respect to wind and solar energy projects in compliance with other ,federal laws and regulations in effect on the date of the enactment of this ,act4 7#h7 ,enforcement of ,federal land policy management 7,a7 ,in general ,sections #cjb7;c7 and #cjc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcb7;c71 #agcc7 shall apply to activities conducted on sites on covered land offered for lease under this subsection4 7,b7 ,effect on enforcement authority under other ,federal law ,nothing in this subsection shall be construed so as to reduce or limit the enforcement authority vested in the ,secretary or the ,attorney ,general on covered land under any other ,federal law4 7b7 ,temporary extension of pilot program ,until final regulations are issued under subsection 7c77#d71 the ,secretary shall continue to carry out the pilot program under subsection 7a7 on the sites offered for lease under such subsection4 ,the ,secretary may extend any lease issued for such sites under subsection 7a7 under the same terms and conditions applicable to such lease on the date of the lease sale as necessary until final regulations are issued under subsection 7c77#d7 with respect to such sites4 7c7 ,expansion of pilot program to all covered land 7#a7 ,joint determination required ,not later than #e years after the date of the enactment of this ,act1 the ,secretary shall determine whether to expand the pilot program established under subsection 7a7 to apply to all covered land1 including sites with respect to which leases were issued under subsection 7a74 ,in making such determination1 the ,secretary shall-- 7,a7 take into consideration the results of the pilot program2 7,b7 consult with-- 7i7 the heads of ,federal agencies and relevant ,state agencies 7including ,state fish and wildlife agencies72 7ii7 interested ,states1 ,indian tribes1 and local governments2 7iii7 representatives of the solar and wind energy industries2 7iv7 representatives of the environment1 conservation1 and outdoor sporting communities2 and 7v7 the public2 and 7,c7 consider whether such expansion-- 7i7 provides an effective means of developing wind or solar energy2 and 7ii7 is in the public interest4 7#b7 ,expansion authorized ,the ,secretary shall expand pilot program only if the ,secretary determined to expand the pilot program under paragraph 7#a74 7#c7 ,report on joint determination ,not later than #fj days after making the determination under paragraph 7#a7 to expand the pilot program1 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 describing the basis and findings for the determination4 7#d7 ,regulations to implement expansion ,not later than one year after making a determination to expand the pilot program under paragraph 7#a71 the ,secretary shall issue final regulations to implement this subtitle4 7#e7 ,applicability of provisions of pilot program to expanded program 7,a7 ,in general ,except as provided in subparagraph 7,b71 paragraphs 7#c71 7#g71 and 7#h7 of subsection 7a7 shall apply to covered land offered for lease under this subsection in the same manner as such paragraphs apply to sites offered for lease under subsection 7a74 7,b7 ,competitive leasing not required under certain circumstances ,the requirement under subsection 7a77#c7 that a lease be sold on a competitive basis shall not apply to a lease issued under this subsection if the ,secretary determines that-- 7i7 no competitive interest exists for the covered land offered for lease2 7ii7 the public interest would not be served by the competitive issuance of a lease with respect to such covered land2 or 7iii7 the lease is for a purpose described in paragraph 7#g77;,a77ii74 7#f7 ,payments 7,a7 ,in general ,subject to section #cbd1 the ,secretary shall establish fees1 bonuses1 or other payments 7except rental payments7 to ensure a fair return to the ,united ,states for any lease issued under this subsection4 7,b7 ,bonus bids ,the ,secretary may grant credit toward any bonus bid for a qualified expenditure by the holder of a lease described in paragraph 7#g77;,a77ii7 in any competitive lease sale held for a long-term lease of the covered land that is the subject of the lease described in such paragraph4 7,c7 ,readjustment 7i7 ,in general ,royalties and other terms and conditions of a lease issued under this subsection shall be subject to readjustment-- 7,i7 on the date that is #ae years after the date on which the lease is issued2 and 7,,ii7 every #aj years thereafter4 7ii7 ,indexing ,effective on the first day of the first month beginning after the date of enactment of this ,act and each year thereafter1 the amount of royalties or other terms and conditions subject to readjustment under clause 7i7 shall be adjusted to reflect changes for the #ab-month period ending on the most recent date for which data are available in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor4 7#g7 ,lease duration1 administration1 and readjustment 7,a7 ,duration 7i7 ,in general ,except as provided in clause 7ii71 a lease issued under this subsection shall be for-- 7,i7 an initial term of #be years2 and 7,,ii7 any additional period after the initial #be-year term during which electricity is being produced annually in commercial quantities from the lease4 7ii7 ,data collection leases ,in the case of a lease issued under this subsection for the placement and operation of a meteorological or data collection facility or for the development or demonstration of a new wind or solar energy technology1 such lease shall have a term of not more than #e years4 7,b7 ,administration ,the ,secretary of the ,interior shall establish terms and conditions for the issuance1 transfer1 renewal1 suspension1 and cancellation of a lease issued under this subsection4 7,c7 ,readjustment provision required ,each lease issued under this subsection shall provide for readjustment in accordance with subparagraph 7,a74 7#h7 ,surface-,disturbing activities ,the ,secretary shall issue regulations regarding surface-disturbing activities conducted under any lease issued under this subsection1 including any reclamation and other actions necessary to conserve and to offset impacts to surface resources4 7#i7 ,security 7,a7 ,in general ,the ,secretary shall require that the holder of a lease issued under this subsection-- 7i7 furnish a surety bond or other form of security1 as prescribed by the ,secretary2 7ii7 provide for the reclamation and restoration of the covered land that is the subject of the lease2 and 7iii7 comply with such other requirements as the ,secretary considers necessary to protect the interests of the public and the ,united ,states4 7,b7 ,periodic review ,not less frequently than once every #e years1 the ,secretary shall conduct a review of the adequacy of the surety bond or other form of security provided by the holder of a lease issued under this subsection4 #cbd4 ,royalties 7a7 ,in general ,the ,secretary shall require as a term and condition of any lease issued under section #cbc1 the payment of a royalty4 ,the ,secretary shall establish such royalty pursuant to a rulemaking4 ,the royalty shall be a percentage of the gross proceeds from the sale of electricity produced on covered land that is the subject of such lease1 at a rate that-- 7#a7 encourages production of solar or wind energy2 7#b7 ensures a fair return to the public comparable to the return that would be obtained on ,state or private land2 and 7#c7 encourages the maximum energy generation while disturbing the least quantity of covered land and other natural resources1 including water4 7b7 ,consideration ,in establishing the royalty under subsection 7a71 the ,secretary shall consider the relative capacity factors of wind and solar energy projects4 7c7 ,exclusive payment on sale of electricity ,the royalty under subsection 7a7 shall be the only rent1 royalty1 or similar payment to the ,federal ,government required with respect to the sale of electricity produced under a lease issued under section #cbc4 7d7 ,royalty relief ,the ,secretary may reduce the royalty rate established under subsection 7a7 if the holder of a lease issued under this ,act shows by clear and convincing evidence that-- 7#a7 collection of the full royalty would unreasonably burden energy generation on covered land that is the subject of the lease2 and 7#b7 the royalty reduction is in the public interest4 7e7 ,enforcement 7#a7 ,auditing system ,the ,secretary shall establish a comprehensive inspection1 collection1 fiscal1 and production accounting and auditing system-- 7,a7 to accurately determine royalties1 interest1 fines1 penalties1 fees1 deposits1 and other payments owed under this subtitle2 and 7,b7 to collect and account for the payments in a timely manner4 7#b7 ,applicability of ,federal ,oil and ,royalty ,management ,act of #aihb ,the provisions of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agja et seq47 7including the civil and criminal enforcement provisions of such ,act7 shall apply to leases issued under this subtitle with respect to wind and solar energy projects in the same manner as such provisions apply to oil and gas leases4 7f7 ,report on royalties ,not later than #e years after the date of enactment of this ,act and every #e 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 consisting of a review of the collections and impacts of the royalties and fees collected under this subtitle1 including-- 7#a7 the total revenues received 7by category7 on an annual basis as royalties from wind and solar energy development and production 7specified by energy source7 on covered land2 7#b7 whether the revenues received for the development of wind and solar energy development are comparable to the revenues received for similar development on ,state or private land2 7#c7 any impact on the development of wind and solar energy on covered land as a result of the royalties2 and 7#d7 any recommendations with respect to changes in ,federal law 7including regulations7 relating to the amount or method of collection 7including auditing1 compliance1 and enforcement7 of the royalties4 7g7 ,regulations ,not later than one year after the date of the enactment of this ,act1 the ,secretary shall issue final regulations to carry out this section4 #cbe4 ,disposition of royalty revenue 7a7 ,allocation of revenue ,all amounts collected by the ,secretary as royalties or bonuses under subsection 7a77#e7 or 7c77#f7 of section #cbc shall be distributed as follows3 7#a7 #be percent shall be paid by the ,secretary of the ,treasury to ,states within the boundaries of which the royalties or bonuses are derived1 to be allocated among such ,states based on the percentage of covered land from which such royalties or bonuses are derived in each ,state4 7#b7 #be percent shall be paid by the ,secretary of the ,treasury to the counties within the boundaries of which the royalties or bonuses are derived1 to be allocated among such counties based on the percentage of covered land from which such royalties or bonuses are derived in each county4 7#c7 #be percent shall be deposited into the ,fish and ,wildlife ,restoration ,fund established by subsection 7b7 and used in accordance with that subsection4 7#d7 ,for the period that begins on the date of the enactment of this ,act and ending on the date that is #ae years after the date of the enactment of this ,act1 #ae percent shall be paid by the ,secretary of the ,treasury directly to the ,state offices of the ,bureau of ,reclamation with jurisdiction over the areas of which the royalties or bonuses are derived for purposes of reducing the number of renewable energy permits that have not been processed before the date of the enactment of this ,act1 to be allocated among such offices based on the percentage of covered land from which the royalties or bonuses are derived in each ,state4 7#e7 ,the remainder shall be deposited into the general fund of the ,treasury for purposes of reducing the annual ,federal budget deficit4 7b7 ,fish and ,wildlife ,restoration ,fund 7#a7 ,establishment ,there is established in the ,treasury a ,fish and ,wildlife ,restoration ,fund to be administered by the ,secretary of the ,interior for use in regions impacted by the development of hydropower by ,federal agencies1 including the ,bureau of ,reclamation1 and the development of wind or solar energy on ,bureau of ,reclamation land4 7#b7 ,use of funds ,the ,secretary shall use amounts in the ,fund to take actions and to make payments to ,state agencies1 ,federal agencies1 or other interested persons in such regions for-- 7,a7 protecting and restoring important fish and wildlife habitat and native populations in such regions1 including corridors1 water resources1 and other sensitive land2 and 7,b7 improving fish species habitat or native population within the boundaries and downstream of a ,bureau of ,reclamation project4 7#c7 ,availability of amounts ,amounts in the ,fund shall be available for expenditure1 in accordance with this subsection1 without further appropriation and without fiscal year limitation4 7#d7 ,investment of ,fund 7,a7 ,in general ,any amounts deposited in the ,fund shall earn interest in an amount determined by the ,secretary of the ,treasury on the basis of the current average market yield on outstanding marketable obligations of the ,united ,states of comparable maturities4 7,b7 ,deposit ,any interest earned under subparagraph 7,a7 shall be deposited into the ,fund4 7#e7 ,mitigation requirements ,the expenditure of funds under this subsection shall be separate and distinct from any mitigation requirements imposed pursuant to any law1 regulation1 or term or condition of any lease1 right-of-way1 or other authorization4 7c7 ,allocation for permitting after expiration of #ae-,year period 7#a7 ,certification by ,secretary ,at the end of the period described in subsection 7a77#d71 the ,secretary shall certify whether the ,state offices referred to in such subsection have adequately reduced the renewable energy permitting backlog referred to in such subsection4 7#b7 ,allocation after certification ,if the ,secretary certifies under paragraph 7#a7 that-- 7,a7 the ,state offices referred to in such paragraph have not adequately reduced the backlog referred to in such paragraph-- 7i7 the period described in subsection 7a77#d7 shall be extended by an additional #ae-year period2 and 7ii7 payments shall continue to be made during that period as described in such subsection2 or 7,b7 the ,state offices referred to in such paragraph have adequately reduced such backlog-- 7i7 two-thirds of the amount otherwise required to be paid under subsection 7a77#d7 shall be added to the amount deposited in the ,fund established under subsection 7b72 and 7ii7 one-third of such amount shall be deposited into the general fund of the ,treasury for purposes of reducing the annual ,federal budget deficit4 7d7 ,payments to ,states and counties 7#a7 ,in general ,amounts paid to ,states and counties under subsection 7a7 shall be used in a manner that is consistent with section #ce of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia74 7#b7 ,impacts ,not less than #ce percent of the amount paid to a ,state each fiscal year shall be used for the purposes described in subsection 7b77#b74 ,d ,improved ,reclamation ,crop ,data #cca4 ,definitions ,for the purposes of this subtitle3 7#a7 ,agricultural water contract ,the term agricultural water contract means any contract or arrangement1 including water service contracts1 repayment contracts1 water rights settlement contracts1 exchange contracts1 or other form of agreement1 through which agricultural users receive water and deliveries through a facility owned1 operated1 or constructed in whole or in part by the ,bureau of ,reclamation1 including contracts under the ,reclamation ,act of #aijb 7ch4#ajic2 #cb ,stat4 #chh7 as amended and supplemented4 7#b7 ,drought emergency ,the term drought emergency means a period when a state of drought emergency declared by the ,governor of the ,state is in effect4 7#c7 ,federally developed water supplies ,the term federally developed water supplies means water supplies derived from a project developed by the ,secretary pursuant to ,federal law4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of the ,bureau of ,reclamation4 7#e7 ,water-intense permanent crop ,the term water-intense permanent crop means any crop considered by the ,secretary1 after consultation with the ,secretary of ,agriculture1 to be unsustainable for an area given its expected level of rainfall in the absence of the federally developed water supply4 #ccb4 ,determination of planting of water-intense permanent crops ,the ,secretary shall survey agricultural water contracts related to federally developed water supplies to determine if water-intense permanent crops have been planted by or on behalf of the customers or beneficiaries of any agricultural water contract during a drought emergency4 ,the survey shall include the examination of all such contracts in effect at any time during the period from the date of the enactment of this ,act and until the date that is #aj years before the date of the enactment of this ,act4 #ccc4 ,report related to water-intense permanent crops ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall submit a report based on the survey conducted pursuant to section #cca and other information available to the ,secretary to ,congress that includes-- 7#a7 the number and location of acres put into production of water-intense permanent crops during a drought emergency2 7#b7 the types of water-intense permanent crops put into production on each acre2 and 7#c7 the impact that putting the water-intense permanent crops into production had and is projected to have on the water demands for the agricultural water contracts and federally developed water supply related to those crops4 ,e ,improved ,oversight of ,state ,injection ,wells #cda4 ,amendment to the ,safe ,drinking ,water ,act ,section #adbb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h-#a7 is amended by adding at the end the following new subsection3 7f7 ,for the purposes of subsection 7c71 if the ,administrator finds that a ,state has1 at any time1 improperly issued permits under the ,state's underground injection control program and the ,state fails to address such deficiencies and take sufficient remedial action1 as determined by the ,administrator1 by the date that is #ij days after the date on which the ,administrator notifies the ,state of such finding1 the ,state shall be considered to no longer meet the requirements of clause 7i7 or 7ii7 of subsection 7b77#a77;,a7 until such time as the ,state has addressed the deficiencies and taken sufficient remedial action1 as determined by the ,administrator4 4 ,f ,combating ,water ,theft for ,illegal ,marijuana ,cultivation #cea4 ,policy directive on illegal water diversion for marijuana cultivation ,not later than #ij days after the date of enactment of this ,act1 the ,director of ,national ,drug ,control ,policy1 in collaboration with the ,secretary of the ,interior and the ,administrator of the ,environmental ,protection ,agency1 shall determine the amount of water diverted for marijuana cultivation in each of the high intensity drug trafficking areas 7as designated under section #gjg of the ,office of ,national ,drug ,control ,policy ,reauthorization ,act of #aiih 7#ba ,u4,s4,c4 #agjf77 within the ,state of ,california and other ,states with declared droughts4 #ceb4 ,environmental reporting requirements for ,domestic ,cannabis ,eradication program ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall require1 as a condition of the receipt of any funds under the ,domestic ,cannabis ,eradication_/,suppression program of the ,drug ,enforcement ,administration1 or any successor program thereto1 a report from any participant in such program containing information on the environmental consequences of actions taken pursuant to program participation4 ,the ,attorney ,general1 in making any determination to provide funding under the program1 shall take into account the information so reported4 #cec4 ,trespass marijuana location registry ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall establish and maintain a registry1 in which reports received by the ,attorney ,general of incidents of cultivation of marijuana on ,federal or ,state property or while intentionally trespassing on the property of another will be recorded and1 to the extent feasible1 made available to the public4 #ced4 ,funding for remediation of trespass marijuana sites 7a7 ,from forfeiture fund ,section #ebd7;c77#a77;,e77ii7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking and at the end of subclause 7,i72 7#b7 by inserting and after the semicolon at the end of subclause 7,,ii72 and 7#c7 by inserting after subclause 7,,ii7 the following3 7,,iii7 costs incurred by or on behalf of any ,state1 local1 or tribal government in connection with the remediation of any area formerly used for the production or cultivation of marijuana1 including the removal of any hazardous substance or pollutant or contaminant1 in which such ,state1 local1 or tribal government has assisted in a federal prosecution related to marijuana2 4 7b7 ,from restitution in criminal cases ,section #dac7q7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec7q77 is amended-- 7#a7 by striking or methamphetamine the first place it appears and inserting 1 methamphetamine1 or marijuana2 and 7#b7 by inserting after or methamphetamine the second place it appears the following3 1 or cultivation of marijuana14 #cee4 ,voluntary guidelines 7a7 ,establishment of voluntary guidelines ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,agriculture 7in this section referred to as the ,secretary71 in consultation with other appropriate ,federal agencies1 including the ,environmental ,protection ,agency1 shall establish voluntary guidelines1 based on the best currently available scientific knowledge-- 7#a7 for the remediation of former indoor and outdoor marijuana cultivation and processing sites1 including guidelines regarding preliminary site assessment and the remediation of residual contaminants and ecosystems2 and 7#b7 for ,state1 local1 and tribal governments to use in developing and implementing laws1 regulations1 guidelines1 and other policies that apply the best available research and technology to the remediation of former indoor and outdoor marijuana cultivation and processing sites4 7b7 ,considerations ,in establishing the voluntary guidelines under subsection 7a71 the ,secretary shall consider1 at a minimum-- 7#a7 relevant standards1 guidelines1 and requirements found in ,federal1 ,state1 tribal1 and local laws and regulations2 7#b7 the various types and locations of former marijuana cultivation or processing sites1 including both indoor and outdoor sites2 and 7#c7 the estimated costs of carrying out any such guidelines4 7c7 ,consultation ,the ,secretary shall work with ,state1 local1 and tribal governments and other non-,federal agencies and organizations the ,secretary determines relevant to promote and encourage the adoption of the voluntary guidelines4 7d7 ,revisions to the guidelines ,the ,secretary shall periodically review and1 as the ,secretary1 in consultation with ,state1 local1 and tribal governments and other interested parties1 determines necessary and appropriate1 revise the voluntary guidelines to incorporate findings of the research conducted pursuant to section #cef and other new knowledge4 #cef4 ,research program ,the ,secretary of ,agriculture1 in consultation with other appropriate ,federal agencies1 including the ,environmental ,protection ,agency1 shall establish a program of research to support the development and revision of the voluntary guidelines established under section #cee4 ,such program shall-- 7#a7 identify marijuana cultivation or processing-related chemicals of concern2 7#b7 assess the types and levels of exposure to chemicals of concern identified under paragraph 7#a7 that may present significant adverse biological effects1 and identify actions and additional research necessary to remediate such biological effects2 7#c7 assess the impacts of marijuana cultivation and processing on waterways and bodies of water1 and identify actions and additional research necessary to remediate such impacts2 7#d7 evaluate the performance of current remediation techniques for marijuana cultivation and processing sites2 7#e7 identify areas where additional research is necessary1 including research relating to-- 7,a7 the impacts of indoor and outdoor marijuana cultivation and processing1 including biological and hydrological effects and impacts to soil and landscape1 such as the potential for erosion2 and 7,b7 the remediation of former indoor or outdoor marijuana cultivation or processing sites2 7#f7 support other research priorities identified by the ,secretary1 in consultation with ,state1 local1 and tribal governments and other interested parties2 and 7#g7 include collaboration with colleges and universities currently engaged in research on any matter described in this section or additional research priorities determined appropriate by the ,secretary4 ,g ,,secure ,water ,amendments #cfa4 ,authorized activities2 eligibility2 authorization of appropriations 7a7 ,in general ,section #iejd of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,h7-- 7i7 in clause 7i71 by striking or at the end2 7ii7 in clause 7ii71 by striking the period and inserting 2 or2 and 7iii7 by adding at the end the following3 7iii7 to plan for or address the impacts of drought4 2 and 7,b7 in paragraph 7#b77;,a7-- 7i7 by striking 2 and and inserting 2 or2 7ii7 by striking 7,a7 be located within the ,states and inserting the following3 7,a7 be located in-- 7i7 the ,states 2 and 7iii7 by adding at the end the following3 7ii7 the ,state of ,hawaii2 and 2 and 7#b7 in subsection 7e71 by striking ,there is and all that follows through #bjj1jjj1jjj and inserting ,there are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years #bjae through #bjbc4 #cfb4 ,authorization of appropriations for national water availability and use assessment program ,section #iejh7;e77#b7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfh7;e77#b77 is amended by striking #ab1ejj1jjj for the period of fiscal years #bjji through #bjac and inserting such sums as are necessary for the period of fiscal years #bjad through #bjbc4 ,h ,refundable tax credit for water-,harvesting systems #cga4 ,refundable tax credit for water-harvesting systems 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of subtitle ,a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #cf;,b the following new section3 #cf;,c4 ,water-,harvesting systems 7a7 ,in general ,in the case of an individual1 there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the aggregate amount paid or incurred for the purchase and installation of a qualified water-harvesting system4 7b7 ,limitation ,the amount allowed as a credit under subsection 7a7 shall not exceed the excess 7if any7 of-- 7#a7 #b1jjj1 over 7#b7 the amount allowed as a credit under subsection 7a7 for all prior taxable years4 7c7 ,qualified water-,harvesting system defined ,for purposes of this section1 the term qualified water-harvesting system means earthworks or passive rain gardens1 gutters1 cisterns1 tanks1 and other systems that meet the guidelines developed under subsection 7d7 and that are installed in the ,united ,states with respect to the principal place of abode of the taxpayer4 7d7 ,guidelines ,the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall-- 7#a7 develop guidelines for the identification and approval of qualified water-harvesting systems1 and 7#b7 shall review and1 if appropriate1 update such guidelines at least once every #f years4 ,such guidelines shall include the establishment and maintenance of performance criteria so that products1 landscapes1 and processes meet industry standards for water-efficiency and water-capture4 ,in developing and updating guidelines under this subsection1 the ,secretary shall solicit public comment4 7e7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out subsection 7a74 4 7b7 ,conforming amendments 7#a7 ,section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 is amended by inserting #cf;,c1 after #cf;,b14 7#b7 ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to section #cf;,b the following new item3 ,sec4 #cf;,c4 ,water-harvesting systems4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 ,i ,funding for construction for additional project benefits #cha4 ,funding for construction for additional project benefits ,the ,reclamation ,safety of ,dams ,act of #aigh 7#dc ,u4,s4,c4 #eji et seq47 is amended-- 7#a7 in section #c1 by striking ,construction and inserting ,except as provided in section #e1 construction2 and 7#b7 by inserting after section #e;,a the following3 #e;,b4 7a7 ,notwithstanding section #c1 if the ,secretary determines that additional project benefits1 such as additional conservation storage capacity1 are feasible and not inconsistent with the purposes of this ,act1 the ,secretary is authorized to develop additional project benefits through the construction of new or supplementary works on a project in conjunction with the ,secretary's activities under section #b and subject to the conditions described in the feasibility study1 if-- 7#a7 the ,secretary determines that developing additional project benefits through the construction of new or supplementary works on a project is likely to promote more efficient management of water and water-related facilities2 7#b7 the feasibility study pertaining to additional project benefits has been authorized pursuant to section #h of the ,federal ,water ,project ,recreation ,act of #aife 7#af ,u4,s4,c4 #dfjl-#ah72 and 7#c7 the ,secretary determines1 in advance of funds being committed or expanded1 that-- 7,a7 the project sponsor shall provide funding for not less than #ge percent of project costs2 7,b7 the project shall generate environmental enhancement1 including increase water deliveries for environmental flows or refuge water supplies1 that justify a non-reimbursable ,federal cost share of not more than #be percent and that a share of the increased water supply made possible from expanded storage capacity equal to the ,federal cost share shall be made available for such environmental purposes2 7,c7 all of the estimated costs properly allocable to irrigation1 power1 and municipal water supply or other miscellaneous purposes are included in the non-,federal cost share2 7,d7 any ,state cost identified shall be procured or committed by the ,state2 and 7,e7 the project sponsor shall complete a feasibility study consistent with ,bureau of ,reclamation requirements and report the findings of that study to the ,secretary4 7b7 ,if the project sponsor has a completed feasibility study and the ,secretary makes a finding of feasibility1 the ,secretary is authorized to expend available appropriated funds for construction of the project if-- 7#a7 in the determination of the ,secretary an analysis commensurate with risk has been performed that demonstrates that-- 7,a7 financial feasibility or capability for reimbursable project purposes and any remaining non-reimbursable project purposes not being funded by the maximum #be percent ,federal cost-share2 and 7,b7 the costs of non-reimbursable project purposes to be borne by the ,united ,states are justified by the environmental enhancement1 including increase water deliveries for environmental flows or refuge water supplies1 and that the ,federal share of the project costs shall not exceed #be percent2 and 7#b7 any environmental document prepared by the project sponsor is supplemented to address any changes to the project that the ,secretary determines are necessary4 4 ,,iv ,planning for the ,future ,a ,x-,prize for ,desalination ,breakthroughs #dja4 ,short title ,this subtitle may be cited as the ,water ,innovation and ,prize ,competition ,act of #bjae4 #djb4 ,water technology award program 7a7 ,program established ,the ,secretary of ,energy shall1 in consultation with the ,administrator of the ,environmental ,protection ,agency and the ,secretary of the ,interior1 working through the ,bureau of ,reclamation1 establish a program to award prizes to eligible persons described in subsection 7b7 for achievement in #a or more of the following applications of water technology3 7#a7 ,demonstration of desalination of brackish or sea water with significantly less energy than commercially available reverse osmosis technology4 7#b7 ,demonstration of portable or modular desalination units that can process #a to #e1jjj1jjj gallons per day that could be deployed for temporary emergency uses in coastal communities or communities with brackish ground water supplies4 7#c7 ,demonstration of significant advantages over commercially available reverse osmosis technology as determined by the board established under subsection 7c74 7b7 ,eligible person ,an eligible person described in this subsection is-- 7#a7 an individual who is-- 7,a7 a citizen or legal resident of the ,united ,states2 or 7,b7 a member of a group that includes citizens or legal residents of the ,united ,states2 or 7#b7 an entity that is incorporated and maintains its primary place of business in the ,united ,states4 7c7 ,establishment of board 7#a7 ,in general ,the ,secretary of ,energy shall establish a board to administer the program established under subsection 7a74 7#b7 ,membership ,the board shall be composed of not less than #ae and not more than #ba members appointed by the ,president1 of whom-- 7,a7 not less than #a shall-- 7i7 be a representative of the interests of academic1 business1 and nonprofit organizations2 and 7ii7 have expertise in-- 7,i7 the field of water technology1 including desalination2 or 7,,ii7 administering award competitions2 and 7,b7 not less than #a shall be from each of-- 7i7 the ,department of ,energy2 7ii7 the ,environmental ,protection ,agency2 7iii7 the ,bureau of ,reclamation of the ,department of the ,interior2 and 7iv7 the ,national ,science ,foundation4 7d7 ,awards ,subject to the availability of appropriations1 the board established under subsection 7c7 may make awards under the program established under subsection 7a7 as follows3 7#a7 ,financial prize ,the board may hold a financial award competition and award a financial award in an amount determined before the commencement of the competition to the first competitor to meet such criteria as the board shall establish4 7#b7 ,recognition prize 7,a7 ,in general ,the board may recognize an eligible person for superlative achievement in #a or more applications described in subsection 7a74 7,b7 ,no financial remuneration ,an award under this paragraph shall not include any financial remuneration4 7,c7 ,national technology and innovation medal recommendations ,for each eligible person recognized under this paragraph1 the board shall recommend to the ,secretary of ,commerce that the ,secretary recommend to the ,president under section #af7;b7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaa7 that the ,president award the ,national ,technology and ,innovation ,medal established under section #af7;a7 of such ,act to such eligible person4 7e7 ,administration 7#a7 ,contracting ,the board established under subsection 7c7 may contract with a private organization to administer a financial award competition described in subsection 7d77#a74 7#b7 ,solicitation of funds ,a member of the board or any administering organization with which the board has a contract under paragraph 7#a7 may solicit gifts from private and public entities to be used for a financial award under subsection 7d77#a74 7#c7 ,limitation on participation of donors ,the board may allow a donor who is a private person described in paragraph 7#b7 to participate in the determination of criteria for an award under subsection 7d71 but such donor may not solely determine the criteria for such award4 7#d7 ,no advantage for donation ,a donor who is a private person described in paragraph 7#c7 shall not be entitled to any special consideration or advantage with respect to participation in a financial award competition under subsection 7d77#a74 7f7 ,intellectual property ,the ,federal ,government may not acquire an intellectual property right in any product or idea by virtue of the submission of such product or idea in any competition under subsection 7d77#a74 7g7 ,liability ,the board established under subsection 7c7 may require a competitor in a financial award competition under subsection 7d77#a7 to waive liability against the ,federal ,government for injuries and damages that result from participation in such competition4 7h7 ,annual report ,each year1 the board established under subsection 7c7 shall submit to ,congress a report on the program established under subsection 7a74 7i7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated sums for the program established under subsection 7a7 as follows3 7,a7 ,for administration of prize competitions under subsection 7d71 #gej1jjj for each fiscal year4 7,b7 ,for the awarding of a financial prize award under subsection 7d77#a71 in addition to any amounts received under subsection 7e77#b71 #b1jjj1jjj for each fiscal year4 7#b7 ,availability ,amounts appropriated pursuant to the authorization of appropriations under paragraph 7#a7 shall remain available until expended4 ,b ,drought ,planning ,assistance through ,,nrcs and ,reclamation #daa4 ,drought ,planning ,assistance through ,,nrcs and ,reclamation 7a7 ,in general ,the ,secretary of ,agriculture1 acting through the ,natural ,resources ,conservation ,service1 in collaboration with the ,secretary of the ,interior1 acting through the ,bureau of ,reclamation1 shall1 upon request1 provide assistance to water or power delivery authorities1 including water districts and irrigation districts1 that are authorized under subtitle ,f of title ,,ix of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfb et seq47 to receive financial assistance from the ,bureau of ,reclamation1 for the purposes of increasing water use efficiency and providing on-farm assistance to address water quantity and water quality conservation practices4 7b7 ,types of assistance ,assistance under subsection 7a7 shall include-- 7#a7 hydrological forecasting2 7#b7 assessment of water supply sources under different water year classification types2 7#c7 identification of alternative water supply sources2 7#d7 guidance on potential water transfer partners2 7#e7 technical assistance regarding ,federal and ,state permits and contracts under the ,act of ,february #ba1 #aiaa 7#cf ,stat4 #ibe1 chapter #ada7 7commonly known as the ,warren ,act72 7#f7 installation of districtwide or on-farm water efficiency and conservation technologies1 including behavioral water efficiency1 system modernizations 7including leak repair and supervisory control and data acquisition systems71 and other technologies that have been proven to provide improvements in water use efficiency through verification by a third party2 7#g7 technical assistance regarding emergency provision of water supplies for critical health and safety purposes2 and 7#h7 activities carried out in conjunction with the ,national ,oceanic and ,atmospheric ,administration1 the ,national ,integrated ,drought ,information ,system1 and the ,state partners of the ,national ,integrated ,drought ,information ,system under the ,national ,integrated ,drought ,information ,system ,act of #bjjf 7#ae ,u4,s4,c4 #cac;d7-- 7,a7 to collect and integrate key indicators of drought severity and impacts2 and 7,b7 to produce and communicate timely monitoring and forecast information to local and regional communities4 ,c ,drought ,preparedness for ,fisheries #dba4 ,drought ,preparedness for ,fisheries 7a7 ,salmon drought plan ,not later than ,january #a1 #bjaf1 the ,director of the ,united ,states ,fish and ,wildlife ,service shall1 in consultation with the ,national ,marine ,fisheries ,service1 the ,bureau of ,reclamation1 the ,army ,corps of ,engineers1 and the ,california ,department of ,fish and ,wildlife1 prepare a ,california salmon drought plan4 ,the plan shall investigate options to protect salmon populations originating in the ,state of ,california1 contribute to the recovery of populations listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 and contribute to the goals of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege74 ,the plan shall focus on actions that can aid salmon populations during the driest years4 ,strategies investigated shall include-- 7#a7 relocating the release location and timing of hatchery fish to avoid predation and temperature impacts2 7#b7 barging of hatchery release fish to improve survival and reduce straying2 7#c7 coordinating with water users1 the ,bureau of ,reclamation1 and the ,california ,department of ,water ,resources regarding voluntary water transfers1 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 7#d7 hatchery management modifications1 such as expanding hatchery production of listed fish during the driest years1 if appropriate2 7#e7 increasing rescue operations of upstream migrating fish2 and 7#f7 improving temperature modeling and related forecasted information to predict water management impacts to salmon and salmon habitat with a higher degree of accuracy than current models4 7b7 ,coordination with fisheries agencies ,in preparing the plan under subsection 7a71 the ,director shall coordinate with the ,national ,marine ,fisheries ,service and relevant ,state agencies4 7c7 ,appropriation ,there is hereby appropriated for fiscal year #bjad1 out of any funds in the ,treasury not otherwise appropriated1 a total amount of #c1jjj1jjj1 to remain available until the end of the period during which the ,state's emergency drought designation is in effect1 for the ,united ,states ,fish and ,wildlife ,service for urgent fish1 stream1 and hatchery activities related to extreme drought conditions1 including work with the ,national ,marine ,fisheries ,service1 the ,bureau of ,reclamation1 the ,army ,corps of ,engineers1 the ,california ,department of ,fish and ,wildlife1 or a qualified tribal government4 7d7 ,qualified tribal government definition ,for the purposes of this section1 the term qualified tribal government means any government of an ,indian tribe that the ,secretary of the ,interior determines-- 7#a7 is involved in salmon management and recovery activities including 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 ,d ,national ,emergency ,planning ,response #dca4 ,national ,emergency ,planning ,response 7a7 ,catastrophic drought plan ,not later than #abj days after the date of enactment of this ,act1 the ,president shall update the ,national ,response ,plan and the ,national ,disaster ,recovery ,framework to include a plan for catastrophic drought that calls on the capabilities of all applicable ,federal agencies and departments1 including the pre-positioning of ,federal resources to provide emergency clean water supplies4 7b7 ,definitions ,for the purposes of this section-- 7#a7 the term ,national ,response ,plan means the ,national ,response ,plan or any successor plan prepared under section #ejd7;a77#f7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cad7;a77#f772 and 7#b7 the term ,national ,disaster ,recovery ,framework means the ,national ,disaster ,recovery ,framework or any successor document prepared under section #fhb of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7#f ,u4,s4,c4 #gga74 ,e ,military ,preparedness for ,desalination #dda4 ,report on desalinization technology ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of the ,navy shall submit to ,congress a report on desalinization technology's application for defense and national security purposes to provide drought relief to areas impacted by sharp declines in water supply4