,,ii #aadth ,,congress #ast ,session ,s4 #ahid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjae ,mrs4 ,feinstein 7for herself and ,mrs4 ,boxer7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide short-term water supplies to drought-stricken ,california4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,california ,emergency ,drought ,relief ,act of #bjae4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,california emergency drought relief ,subtitle ,a--,drought relief actions ,sec4 #aja4 ,emergency operations4 ,sec4 #ajb4 ,emergency environmental reviews4 ,sec4 #ajc4 ,state revolving funds4 ,subtitle ,b--,protection of third-,party water rights ,sec4 #aaa4 ,offset for ,state water project4 ,sec4 #aab4 ,area of origin and water rights protections4 ,sec4 #aac4 ,no redirected adverse impacts4 ,subtitle ,c--,general provisions ,sec4 #aba4 ,effect on existing obligations4 ,sec4 #abb4 ,level of detail required for analysis4 ,sec4 #abc4 ,progress report4 ,sec4 #abd4 ,termination4 ,,title ,,ii--,actions to benefit fish and refuges ,sec4 #bja4 ,actions to benefit threatened and endangered fish populations4 ,sec4 #bjb4 ,pilot program to protect native anadramous fish in ,stanislaus ,river1 ,delta1 and other ,delta tributaries4 ,sec4 #bjc4 ,improved science to better protect threatened and endangered fish4 ,sec4 #bjd4 ,actions to benefit refuges4 ,,title ,,iii--,long-term water supply projects ,subtitle ,a--,desalination and water reuse ,sec4 #cja4 ,water recycling and desalination projects4 ,sec4 #cjb4 ,reauthorization of ,desalination ,act4 ,subtitle ,b--,storage ,sec4 #caa4 ,definitions4 ,sec4 #cab4 ,federal support for investments in storage4 ,sec4 #cac4 ,,calfed storage projects4 ,sec4 #cad4 ,authorization to increase reservoir capacity as part of dam safety projects4 ,sec4 #cae4 ,reservoir operation improvement4 ,sec4 #caf4 ,report to ,congress4 ,subtitle ,c--,water recycling1 conservation1 efficiency1 and other programs ,sec4 #cba4 ,promoting water efficiency with ,water,sense4 ,sec4 #cbb4 ,increasing opportunities for agricultural conservation4 ,sec4 #cbc4 ,assistance for drought-stricken communities4 ,sec4 #cbd4 ,conservation at ,california military installations4 ,sec4 #cbe4 ,support for ,state ,water ,resources ,control ,board curtailment of illegal water diversions4 ,sec4 #cbf4 ,combating water theft for illegal marijuana cultivation4 ,sec4 #cbg4 ,support for innovative water supply and conservation technologies4 ,sec4 #cbh4 ,open water data system4 ,,title ,,iv--,federal support for ,state and local drought resiliency projects ,subtitle ,a--,reclamation ,infrastructure ,finance and ,innovation ,act ,sec4 #dja4 ,purposes4 ,sec4 #djb4 ,definitions4 ,sec4 #djc4 ,authority to provide assistance4 ,sec4 #djd4 ,applications4 ,sec4 #dje4 ,eligibility for assistance4 ,sec4 #djf4 ,determination of eligibility and project selection4 ,sec4 #djg4 ,secured loans4 ,sec4 #djh4 ,program administration4 ,sec4 #dji4 ,state and local permits4 ,sec4 #daj4 ,regulations4 ,sec4 #daa4 ,funding4 ,sec4 #dab4 ,deauthorization of inactive projects4 ,subtitle ,b--,expansion of water storage1 integrated regional water management1 and ,water,s,m,a,r,t ,sec4 #dba4 ,water storage1 integrated regional water management1 reclamation1 and recycling projects4 ,subtitle ,c--,water recycling eligibility ,sec4 #dca4 ,new water recycling and reuse projects4 ,subtitle ,d--,federal ,support for ,state and ,local ,drought ,solutions ,fund ,sec4 #dda4 ,establishment4 ,sec4 #ddb4 ,accounts4 ,sec4 #ddc4 ,deposits to ,fund4 ,sec4 #ddd4 ,expenditures from ,fund4 ,sec4 #dde4 ,investments of amounts4 ,sec4 #ddf4 ,transfers of amounts4 ,sec4 #ddg4 ,termination4 #b4 ,definitions ,in this ,act3 7#a7 ,central ,valley ,project ,the term ,central ,valley ,project has the meaning given the term in section #cdjc of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjg74 7#b7 ,delta ,the term ,delta means the ,sacramento-,san ,joaquin ,delta and the ,suisun ,marsh 7as defined in section #abbbj of the ,california ,water ,code and section #biaja of the ,california ,public ,resources ,code 7as in effect on the date of enactment of this ,act774 7#c7 ,salmonid biological opinion ,the term salmonid biological opinion means the biological and conference opinion of the ,national ,marine ,fisheries ,service1 dated ,june #d1 #bjji1 on the long-term operation of the ,central ,valley ,project and the ,state ,water ,project1 including the operative incidental take statement of that opinion4 7#d7 ,smelt biological opinion ,the term smelt biological opinion means the biological opinion1 dated ,december #ae1 #bjjh1 on the coordinated operation of the ,central ,valley ,project and the ,state ,water ,project1 including the operative incidental take statement of that opinion4 7#e7 ,state ,the term ,state means the ,state of ,california4 7#f7 ,state ,water ,project ,the term ,state ,water ,project means the water project described in chapter #e of part #c of division #f of the ,california ,water ,code 7sections #aaeej et seq4 7as in effect on the date of enactment of this ,act77 and operated by the ,california ,department of ,water ,resources4 ,i ,california emergency drought relief ,a ,drought relief actions #aja4 ,emergency operations 7a7 ,water supplies 7#a7 ,in general ,in response to the declaration of a state of drought emergency by the ,governor of the ,state1 the ,secretary of the ,interior and ,secretary of ,commerce shall provide the maximum quantity of water supplies possible to ,central ,valley ,project agricultural1 municipal and industrial1 and refuge service and repayment contractors1 ,state ,water ,project contractors1 and any other locality or municipality in the ,state by approving1 consistent with applicable laws 7including regulations71 projects and operations to provide additional water supplies as quickly as possible1 based on available information1 to address the emergency conditions4 7#b7 ,application ,paragraph 7#a7 applies to any project or operation involving the ,klamath ,project1 if the project or operation would benefit ,federal water contractors in the ,state4 7b7 ,limitation ,nothing in this section allows any ,federal department or agency to approve a project-- 7#a7 that would otherwise require congressional authorization2 or 7#b7 without following procedures required by applicable law4 7c7 ,administration ,in carrying out subsection 7a71 the ,secretary of the ,interior and ,secretary of ,commerce shall1 consistent with applicable laws 7including regulations7-- 7#a7 authorize and implement actions to ensure that the ,delta ,cross ,channel ,gates shall remain open to the greatest extent possible1 timed to maximize the peak flood tide period and provide water supply and water quality benefits for the duration of the drought emergency declaration of the ,state1 consistent with operational criteria and monitoring criteria developed pursuant to the ,california ,state ,water ,resources ,control ,board's ,order ,approving a ,temporary ,urgency ,change in ,license and ,permit ,terms in ,response to ,drought ,conditions1 effective ,january #ca1 #bjad 7or a successor order72 7#b7 collect data associated with the operation of the ,delta ,cross ,channel ,gates described in paragraph 7#a7 and the impact of the operation on species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 water quality1 and water supply2 7#c7 7,a7 implement turbidity control strategies that allow for increased water deliveries while avoiding jeopardy to adult ,delta smelt 7,hypomesus transpacificus7 due to entrainment at ,central ,valley ,project and ,state ,water ,project pumping plants2 and 7,b7 manage reverse flow in the ,old and ,middle ,rivers1 as prescribed by the smelt biological opinion and salmonid biological opinion1 to minimize water supply reductions for the ,central ,valley ,project and the ,state ,water ,project2 7#d7 7,a7 in a timely manner1 evaluate any proposal to increase flow in the ,san ,joaquin ,river through a voluntary sale1 transfer1 or exchange of water from an agency with rights to divert water from the ,san ,joaquin ,river or its tributaries2 and 7,b7 adopt a #a3a inflow to export ratio for the increment of increased flow1 as measured as a #c-;day running average at ,vernalis during the period from ,april #a through ,may #ca1 that results from the voluntary sale1 transfer1 or exchange1 unless the ,secretary of the ,interior and ,secretary of ,commerce determine that a #a3a inflow-to-export ratio for that increment of increased flow will cause impacts on species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 beyond those anticipated to occur through the implementation of the salmonid biological opinion4 ,any individual sale1 transfer1 or exchange using a #a3a inflow to export ratio adopted under the authority of this section may only proceed if-- 7i7 the ,secretary of the ,interior determines that the environmental effects of the proposed sale1 transfer1 or exchange are consistent with effects permitted under applicable law 7including the ,endangered ,species ,act 7#af ,u4,s4,c4 #aeca et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq471 and the ,porter-,cologne ,water ,quality ,control ,act 7,california ,water ,code #acjjj et seq4772 7ii7 ,delta conditions are suitable to allow movement of the acquired1 transferred1 or exchanged water through the ,delta consistent with existing water rights2 and 7iii7 such voluntary sale1 transfer1 or exchange of water results in flow that is in addition to flow that otherwise would occur in the absence of the voluntary sale1 transfer1 or exchange2 7#e7 issue all necessary permit decisions under the authority of the ,secretary of the ,interior and ,secretary of ,commerce within the shortest practicable time period after receiving a completed application by the ,state to place and use temporary barriers or operable gates in ,delta channels to improve water quantity and quality for ,state ,water ,project and ,central ,valley ,project south-of-,delta water contractors and other water users1 which barriers or gates shall provide benefits for species protection and in-,delta water user water quality2 7#f7 require the ,director of the ,united ,states ,fish and ,wildlife ,service and the ,commissioner of ,reclamation to complete all requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 necessary to make final permit decisions on water transfer requests associated with voluntarily fallowing nonpermanent crops in the ,state1 within the shortest practicable time period after receiving such a request2 7#g7 in coordination with the ,secretary of ,agriculture1 enter into an agreement with the ,national ,academy of ,sciences to conduct a comprehensive study1 to be completed not later than #a year after the date of enactment of this ,act1 on the effectiveness and environmental impacts of saltcedar biological control efforts on increasing water supplies and improving riparian habitats of the ,colorado ,river and its principal tributaries1 in the ,state and elsewhere2 and 7#h7 use all available scientific tools to identify any changes to real-time operations of ,bureau of ,reclamation1 ,state1 and local water projects that could result in the availability of additional water supplies4 7d7 ,other agencies ,to the extent that a ,federal agency other than the ,department of the ,interior and the ,department of ,commerce has a role in approving projects described in subsections 7a7 and 7c71 this section shall apply to the ,federal agency4 7e7 ,accelerated project decision and elevation 7#a7 ,in general ,upon the request of the ,state1 the heads of ,federal agencies shall use the expedited procedures under this subsection to make final decisions relating to a ,federal project or operation to provide additional water supplies or address emergency drought conditions pursuant to subsections 7a7 and 7c74 7#b7 ,request for resolution 7,a7 ,in general ,upon the request of the ,state1 the head of a ,federal agency referred to in subsection 7a71 or the head of another ,federal agency responsible for carrying out a review of a project1 as applicable1 the ,secretary of the ,interior shall convene a final project decision meeting with the heads of all relevant ,federal agencies to decide whether to approve a project to provide emergency water supplies4 7,b7 ,meeting ,the ,secretary of the ,interior shall convene a meeting requested under subparagraph 7,a7 not later than #g days after receiving the meeting request4 7#c7 ,notification ,upon receipt of a request for a meeting under this subsection1 the ,secretary of the ,interior shall notify the heads of all relevant ,federal agencies of the request1 including a description of the project to be reviewed and the date for the meeting4 7#d7 ,decision ,not later than #aj days after the date on which a meeting is requested under paragraph 7#b71 the head of the relevant ,federal agency shall issue a final decision on the project4 7#e7 ,meeting convened by ,secretary ,the ,secretary of the ,interior may convene a final project decision meeting under this subsection at any time1 at the discretion of the ,secretary1 regardless of whether a meeting is requested under paragraph 7#b74 #ajb4 ,emergency environmental reviews ,to minimize the time spent carrying out environmental reviews and quickly to deliver water that is needed to address emergency drought conditions in the ,state1 the head of each applicable ,federal agency shall1 in carrying out this ,act1 consult with the ,council on ,environmental ,quality in accordance with section #aejf4aa of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 to develop alternative arrangements to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 during the emergency4 #ajc4 ,state revolving funds 7a7 ,in general ,the ,administrator of the ,environmental ,protection ,agency1 in allocating amounts for each of the fiscal years during which the emergency drought declaration of the ,state is in force to ,state water pollution control revolving funds established 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 funds established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab71 shall1 for those projects that are eligible to receive assistance under section #fjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7 or section #adeb7;a77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#b771 respectively1 that the ,state determines 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 drought-- 7#a7 require the ,state to review and prioritize funding2 7#b7 make a finding on any request for a waiver received from the ,state within #cj days of the conclusion of the informal public comment period pursuant to section #dcf7;c7 of division ,g of ,public ,law #aac-gf 7#abh ,stat4 #cdg72 and 7#c7 authorize1 at the request of the ,state1 #dj-year financing for assistance under section #fjc7;d77#b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;d77#b77 or section #adeb7;f77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;f77#b774 7b7 ,effect of section ,nothing in this section authorizes the ,administrator of the ,environmental ,protection ,agency to modify any funding allocation1 funding criteria1 or other requirement relating to ,state water pollution control revolving funds established under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 or the ,state drinking water treatment revolving loan funds established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 for any other ,state4 ,b ,protection of third-,party water rights #aaa4 ,offset for ,state water project 7a7 ,implementation impacts ,the ,secretary of the ,interior shall confer with the ,california ,department of ,fish and ,wildlife in connection with the implementation of this title on potential impacts to any consistency determination for operations of the ,state ,water ,project issued pursuant to section #bjhj4a of the ,california ,fish and ,game ,code 7as in effect on the date of enactment of this ,act74 7b7 ,additional yield ,if1 as a result of the application of this title1 the ,california ,department of ,fish and ,wildlife requires take authorization under section #bjha of the ,california ,fish and ,game ,code 7as in effect on the date of enactment of this ,act7 for operation of the ,state ,water ,project in a manner that directly or indirectly results in reduced water supply to the ,state ,water ,project1 as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion1 and as a consequence of the action of the ,department1 ,central ,valley ,project yield is greater than the yield would have been absent those actions1 that additional yield shall be made available to the ,state ,water ,project for delivery to ,state ,water ,project contractors to offset losses resulting from the action of the ,department4 7c7 ,notification relating to environmental protections ,the ,secretary of the ,interior and ,secretary of ,commerce shall-- 7#a7 notify the ,director of the ,california ,department of ,fish and ,wildlife regarding any changes in the manner in which the smelt biological opinion or the salmonid biological opinion is implemented2 and 7#b7 confirm that those changes are authorized under the smelt biological opinion or the salmonid biological opinion4 #aab4 ,area of origin and water rights protections 7a7 ,in general ,nothing in this title-- 7#a7 diminishes1 impairs1 or otherwise affects in any manner any area of origin1 watershed of origin1 county of origin1 or any other water rights protection1 including rights to water appropriated prior to ,december #ai1 #aiad1 provided under ,state law2 7#b7 limits or otherwise affects the application of section #ajeje1 #ajeje4e1 #aaabh1 #aadfj1 #aadfc1 or #abbjj through #abbbj of the ,california ,water ,code or any other provision of ,state water rights law1 without respect to whether such a provision is specifically referred to in this ,act2 or 7#c7 diminishes1 impairs1 or otherwise affects in any manner any water rights priorities under applicable law4 7b7 ,effect of section ,nothing in this section affects or modifies any obligation of the ,secretary of the ,interior under section #h of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #cij1 chapter #ajic74 #aac4 ,no redirected adverse impacts 7a7 ,in general ,the ,secretary of the ,interior and ,secretary of ,commerce shall not carry out any specific action authorized under this title that will directly result in the involuntary reduction of water supply to an individual or district that has in effect a contract for water with the ,state ,water ,project or the ,central ,valley ,project1 or to any other water user or purveyor organized under ,state law that obtains water based on any other legal right1 as compared to the water supply that would be provided in the absence of action under this ,act4 7b7 ,action on determination 7#a7 ,in general ,if1 after exploring all options1 the ,secretary of the ,interior or the ,secretary of ,commerce makes a final determination that a proposed action under this title cannot be carried out in accordance with subsection 7a71 that ,secretary shall-- 7,a7 document that determination in writing for that action1 including a statement of the facts relied on1 and an explanation of the basis1 for the decision2 and 7,b7 comply with any other applicable law that requires or authorizes action under the circumstances1 including the ,endangered ,species ,act 7#af ,u4,s4,c4 #aeca et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq471 and the ,porter-,cologne ,water ,quality ,control ,act 7,california ,water ,code #acjjj et seq474 7#b7 ,substitute actions ,if the ,secretary takes a substitute action as so required or authorized under paragraph 7#a77;,b71 the substitute action shall-- 7,a7 be limited to replacement of the specific action identified in paragraph 7#a72 7,b7 not be subject to the requirements of this title2 and 7,c7 comply with other existing laws 7including regulations71 as applicable1 including-- 7i7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7ii7 the salmonid biological opinion and the smelt biological opinion4 ,c ,general provisions #aba4 ,effect on existing obligations ,nothing in this ,act-- 7#a7 authorizes the ,secretary of the ,interior1 the ,secretary of ,commerce1 or any other ,federal official to take any action that-- 7,a7 is likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such a species that is determined by #a of the ,secretaries1 after appropriate consultation with affected ,states1 to be critical2 or 7,b7 would cause any additional adverse effect on a species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 beyond those effects anticipated to occur through implementation of the smelt biological opinion and salmonid biological opinion2 7#b7 preempts or modifies any obligation of the ,united ,states under the reclamation laws to operate the ,central ,valley ,project in conformance with ,state law2 or 7#c7 affects or modifies any obligation under the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf74 #abb4 ,level of detail required for analysis ,in articulating the determinations and demonstrations required under this title1 the ,secretary of the ,interior and ,secretary of ,commerce -- 7#a7 shall fully satisfy the requirements of this title2 but 7#b7 shall not be expected to provide a greater level of supporting detail for any analysis than is feasible to provide within the timeframe permitted for timely decisionmaking in response to changing conditions in the ,delta4 #abc4 ,progress report ,not later than #ij days after the date of enactment of this ,act1 and not less frequently than once every #ij days thereafter1 the ,secretary of the ,interior and ,secretary of ,commerce shall submit to the ,committee on ,energy and ,natural ,resources and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a progress report describing the implementation of sections #aja and #ajb4 #abd4 ,termination ,this title shall expire on the later of-- 7#a7 the date on which the ,governor of the ,state declares an end to the ,state drought emergency2 and 7#b7 ,september #cj1 #bjag4 ,,ii ,actions to benefit fish and refuges #bja4 ,actions to benefit threatened and endangered fish populations 7a7 ,implementation of ,national ,oceanic and ,atmospheric ,administration's salmon restoration plan 7#a7 ,authorization ,there is authorized to be appropriated #d1jjj1jjj for each fiscal year through #bjbj to carry out the ,national ,oceanic and ,atmospheric ,administration's ,recovery ,plan for ,sacramento ,river winter-run ,chinook salmon1 ,central ,valley spring-run ,chinook salmon1 and ,central ,valley steelhead4 7#b7 ,requirement ,the ,secretary of the ,interior shall take such steps as are necessary to partner with1 and coordinate the efforts of1 the ,department of the ,interior1 the ,department of ,commerce1 and other relevant ,federal agencies to ensure that all ,federal reviews1 analyses1 opinions1 statements1 permits1 licenses1 or other approvals or decisions required under ,federal law to allow the construction and operation of salmon recovery projects that are part of the ,sacramento ,salmon ,recovery ,program are completed on an expeditious basis1 consistent with ,federal law4 7b7 ,nonstructural barriers at ,delta cross-channel gates and other key ,delta junctions 7#a7 ,in general ,to increase protections of fish listed under the smelt biological opinion and the salmonid biological opinion1 the ,secretary of the ,interior1 in consultation with the ,secretary of ,commerce1 shall submit to ,congress-- 7,a7 by not later than #ij days after the date of enactment of this ,act1 a report describing the current progress of evaluating nonstructural barriers at ,deadhorse ,island and other locations to prevent straying of threatened or endangered salmonids through the ,delta cross-channel gates and other key ,delta junctions2 and 7,b7 by not later than #a year after the date of enactment of this ,act1 a report describing the effectiveness of the nonstructural barriers described in subparagraph 7,a7 in preventing straying of endangered salmonids4 7#b7 ,coordination ,in carrying out paragraph 7#a71 the ,secretary of the ,interior shall coordinate with the ,california ,water ,resources ,control ,board and the ,california ,departments of ,fish and ,wildlife and ,water ,resources4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #b1jjj1jjj for the period of fiscal years #bjaf through #bjbj4 7c7 ,gravel and rearing area additions to ,upper ,sacramento ,river 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior1 in consultation with the ,secretary of ,commerce1 shall submit to ,congress-- 7,a7 a report on the cost and effectiveness of additional gravel that was placed downstream of the ,keswick ,dam in #bjac and #bjad in improving salmon spawning rates2 7,b7 a report on the feasibility of implementing gravel additions at additional locations to improve salmon and steelhead spawning rates1 including the timetable for implementing any approved locations2 and 7,c7 a report on the feasibility of constructing or restoring additional natural rearing areas in the upper mainstem ,sacramento ,river to improve salmon and steelhead population recovery4 7#b7 ,commencement ,if the ,secretary of the ,interior determines1 in the feasibility reports described in paragraph 7#a71 that additions of gravel and natural rearing areas are feasible and beneficial for protecting and recovering fish populations1 the ,secretary shall commence implementation of those additions by not later than #a year after the date of submission of the feasibility reports4 7#c7 ,coordination ,in carrying out paragraphs 7#a7 and 7#b71 the ,secretary shall coordinate with the ,california ,department of ,fish and ,wildlife and the ,secretary of ,commerce4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #d1jjj1jjj for the period of fiscal years #bjaf through #bjbj4 7d7 ,alternative hatchery salmon release strategies 7#a7 ,in general ,the ,secretary of the ,interior1 in consultation with the ,secretary of ,commerce1 shall-- 7,a7 establish pilot programs to test alternative release strategies for hatchery-raised1 winter-run salmon to reduce mortality rates beyond those in effect on the date of enactment of this ,act1 including alternative release locations1 trucking options1 or barging options2 and 7,b7 not later than #c years after the date of enactment of this ,act1 and annually thereafter1 submit to ,congress reports regarding the progress and results of the pilot programs under subparagraph 7,a71 including recommendations on whether those pilot programs should be continued4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #g1jjj1jjj for the period of fiscal years #bjaf through #bjbj4 7e7 ,reducing predator habitat 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of the ,interior and ,secretary of ,commerce shall implement a pilot program-- 7,a7 to identify natural and artificial factors in the ,sacramento ,river and the ,sacramento-,san ,joaquin ,river ,delta watershed that could be providing favorable predatory fish habitat for fish that prey on juvenile salmon2 7,b7 to collect scientific data at those locations to determine whether those natural or artificial factors are contributing to predation of endangered fish2 and 7,c7 to provide recommendations on whether those natural or artificial factors that enable the formation or continuation of predatory fish habitat could be feasibly and effectively modified1 in compliance with all applicable ,state and ,federal laws 7including regulations71 to reduce predation4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #f1jjj1jjj for the period of fiscal years #bjaf through #bjbj4 7f7 ,eliminating or reducing lighting at in-river structures 7#a7 ,in general ,the ,secretary of the ,interior and ,secretary of ,commerce shall-- 7,a7 assess the effectiveness of lowering light intensity at artificial structures in the ,sacramento-,san ,joaquin ,river ,delta to reduce predation of endangered fish2 and 7,b7 implement actions to lower light intensity at other artificial structures in the ,delta if the assessment under subparagraph 7,a7 results in a determination that the action is effective in reducing predation4 7#b7 ,coordination ,in carrying out paragraph 7#a71 the ,secretary of the ,interior and ,secretary of ,commerce shall coordinate with the ,california ,department of ,fish and ,wildlife and other relevant local and ,state authorities4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #c1jjj1jjj for the period of fiscal years #bjaf through #bjbj4 7g7 ,evaluating and improving delta pump fish salvage system 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior and ,secretary of ,commerce shall evaluate and submit to ,congress a report that describes alternatives-- 7,a7 to redeposit salvaged salmon smolts and other fish from the ,delta that would reduce predation losses2 and 7,b7 to reduce predation at the existing fish salvage system4 7#b7 ,coordination ,in carrying out actions under paragraph 7#a71 the ,secretary of the ,interior and ,secretary of ,commerce shall coordinate with the ,california ,department of ,fish and ,wildlife4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for the period of fiscal years #bjaf through #bjbj4 7h7 ,trap and barge pilot project ,to increase fish survival through ,delta 7#a7 ,pilot program 7,a7 ,in general ,the ,assistant ,administrator for ,fisheries of the ,national ,marine ,fisheries ,service and the ,commissioner of ,reclamation1 in collaboration with the ,united ,states ,fish and ,wildlife ,service1 the ,california ,department of ,fish and ,wildlife1 applicable water agencies1 and other interested parties1 shall design1 permit1 implement1 and evaluate a pilot program to test the efficacy of an experimental trap and barge program to improve survival of juvenile salmonids emigrating from the ,san ,joaquin watershed through the ,delta4 7,b7 ,plan 7i7 ,working group ,not later than #cj days after the date of enactment of this ,act1 the ,assistant ,administrator and the ,commissioner shall convene a working group1 to be comprised of representatives of relevant agencies and other interested parties1 to develop and execute a plan for the design1 budgeting1 implementation1 and evaluation of the pilot program under this paragraph using such existing expertise on trap and barge programs as may be available4 7ii7 ,requirements ,the plan under this subparagraph shall-- 7,i7 include a schedule and budget for the pilot program2 and 7,,ii7 identify the responsible parties for each element of the program4 7,c7 ,implementation ,the ,assistant ,administrator and the ,commissioner shall seek to commence implementation of the pilot program under this paragraph during calendar year #bjaf1 if practicable4 7,d7 ,reports ,not less frequently than once each calendar year1 the ,assistant ,administrator and the ,commissioner shall jointly submit to the ,committees on ,environment and ,public ,works and ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that describes-- 7i7 progress made in implementing this subsection2 7ii7 estimated survival rates through the ,delta for both juvenile salmonids that were barged through the ,delta and those that were not barged2 and 7iii7 if the survival rates described in clause 7ii7 are significantly higher for barged fish1 as compared to other outmigrating smolts1 recommendations regarding broadening the pilot program4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #c1jjj1jjj for the period of fiscal years #bjaf through #bjbj4 7i7 ,improved temperature modeling and related forecasted information ,there is authorized to be appropriated #d1jjj1jjj for the ,commissioner to improve temperature modeling and related forecasted information for purposes of predicting impacts to salmon and salmon habitat as a result of water management4 #bjb4 ,pilot program to protect native anadramous fish in ,stanislaus ,river1 ,delta1 and other ,delta tributaries 7a7 ,nonnative predator fish removal program on ,stanislaus ,river 7#a7 ,in general ,the ,assistant ,administrator for ,fisheries of the ,national ,marine ,fisheries ,service 7referred to in this section as the ,assistant ,administrator7 and the ,oakdale ,irrigation ,district and ,south ,san ,joaquin ,irrigation ,district 7referred to in this section as the participating districts71 in consultation with the ,united ,states ,fish and ,wildlife ,service1 the ,california ,department of ,fish and ,wildlife1 and other interested parties1 shall jointly develop and implement a scientifically based pilot program to remove nonnative predator fish from the ,stanislaus ,river not later than #ahj days after the date of enactment of this ,act4 7#b7 ,requirements ,in implementing the program1 the following requirements shall apply3 7,a7 ,staffing ,by agreement between the ,assistant ,administrator and the participating districts1 the pilot program may be conducted by any combination of participating district personnel1 qualified private contractors1 and personnel of1 on loan to1 or otherwise assigned to the ,national ,marine ,fisheries ,service4 7,b7 ,participation by ,national ,marine ,fisheries ,service 7i7 ,in general ,in the event the participating districts elect to conduct the program using the personnel or qualified private contractors of the participating districts1 the ,assistant ,administrator may assign an employee of1 on loan to1 or otherwise assigned to the ,national ,marine ,fisheries ,service to be present for all activities performed in the field4 7ii7 ,cost ,the participating districts shall pay #ajj percent of the cost of participation under clause 7i71 in accordance with paragraph 7#c74 7,c7 ,timing of agreement ,the participating districts and the ,assistant ,administrator shall reach agreement on the work plan for the subsequent calendar year on or before ,october #ae of each calendar year of the pilot program4 7#c7 ,funding 7,a7 ,contributed funds ,the ,assistant ,administrator is authorized to receive and expend contributed funds for the purposes for which the funds are contributed in a like manner as if said sums had been specifically appropriated for said purposes4 7,b7 ,annual funding 7i7 ,in general ,the participating districts shall be responsible through contributed funds for #ajj percent of the cost of the pilot program4 7ii7 ,estimates ,not later than ,december #a of each year of the pilot program1 the ,assistant ,administrator shall submit to the participating districts an estimate of the cost to be incurred by the ,national ,marine ,fisheries ,service during the following calendar year1 if any4 7,c7 ,accounting 7i7 ,in general ,on or before ,september #a of each calendar year1 the ,assistant ,administrator shall provide an accounting of the expenses of the prior calendar year to the participating districts4 7ii7 ,underestimate ,if the estimate paid by the participating districts was less than the actual costs incurred by the ,national ,marine ,fisheries ,service-- 7,i7 the participating districts shall have until ,september #cj of that calendar year to pay the difference pursuant to subparagraph 7,a72 or 7,,ii7 the ,national ,marine ,fisheries ,service shall have no obligation to conduct any activities otherwise scheduled to be carried out under the pilot program under this subsection4 7iii7 ,overestimate ,if the estimate paid by the participating districts was greater than the actual costs incurred by the ,national ,marine ,fisheries ,service1 a credit shall be provided to the participating districts1 which shall be deducted from the estimate payment the participating districts shall make for the work performed by the ,national ,marine ,fisheries ,service1 if any1 during the following calendar year4 7#d7 ,reporting and evaluation 7,a7 ,in general ,not later than the #aeth day of each month1 the ,assistant ,administrator shall post on the website of the ,national ,marine ,fisheries ,service a tabular summary of the raw data collected during the prior month4 7,b7 ,report ,not later than ,june #cj of the calendar year following the completion of the pilot program1 the ,assistant ,administrator and the participating districts shall jointly submit for peer review a report that-- 7i7 describes any data1 analyses1 and findings relating to the pilot program2 and 7ii7 makes recommendations for further study and action4 7#e7 ,permits process 7,a7 ,in general ,not later than #ahj days after the date on which an application to authorize the pilot program is filed1 the ,secretary of the ,interior and ,secretary of ,commerce shall make a final determination on any permits required under section #aj7;a77#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;a77#a77 for the performance of the pilot program4 7,b7 ,state law ,the ,secretary of the ,interior1 the ,secretary of ,commerce1 and the participating districts shall comply with applicable requirements of ,state law with respect to the program under this subsection4 7#f7 ,sunset ,the authorities provided by this subsection shall expire on the date that is #g years after the date on which the final applicable permit is issued under paragraph 7#e74 7b7 ,pilot projects ,to implement ,,calfed invasive species program 7#a7 ,in general ,not later than ,january #a1 #bjag1 the ,secretary of the ,interior1 in collaboration with the ,secretary of ,commerce1 the ,director of the ,california ,department of ,fish and ,wildlife1 and other relevant agencies and interested parties1 shall begin pilot projects to implement the invasive species control program authorized pursuant to section #ajc7;d77#f77;,a77iv7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afij74 7#b7 ,requirements ,the pilot projects shall-- 7,a7 seek to reduce invasive aquatic vegetation1 predators1 and other competitors which contribute to the decline of native listed pelagic and anadromous species that occupy the ,sacramento and ,san ,joaquin ,rivers and their tributaries and the ,sacramento-,san ,joaquin ,bay-,delta2 and 7,b7 remove1 reduce1 or control the effects of species1 including ,asiatic clams1 silversides1 gobies1 ,brazilian water weed1 largemouth bass1 smallmouth bass1 striped bass1 crappie1 bluegill1 white and channel catfish1 and brown bullheads4 7#c7 ,sunset ,the authorities provided under this subsection shall expire on the date that is #g years after the date on which the ,secretary of the ,interior and ,secretary of ,commerce commence implementation of the pilot projects pursuant to paragraph 7#a74 7c7 ,emergency environmental reviews ,to expedite the environmentally beneficial programs for the conservation of threatened and endangered species1 the ,secretary of the ,interior and ,secretary of ,commerce shall consult with the ,council on ,environmental ,quality in accordance with section #aejf4aa of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 to develop alternative arrangements to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the programs4 #bjc4 ,improved science to better protect threatened and endangered fish 7a7 ,delta smelt distribution study ,not later than ,january #a1 #bjaf1 contingent on funding1 the ,secretary of the ,interior shall-- 7#a7 initiate studies designed to understand the location and distribution of ,delta smelt throughout the range of the ,delta smelt and to determine potential methods to minimize the effects of ,central ,valley ,project and ,state ,water ,project operations on the ,delta smelt2 and 7#b7 utilize1 to the maximum extent practicable1 new technologies to allow for better tracking of ,delta smelt1 such as acoustic tagging1 optical recognition during trawls1 and fish detection using residual ,,dna4 7#c7 ,consultation ,in determining the scope of the studies under this subsection1 the ,secretary may consult with-- 7,a7 ,federal and ,state water users2 and 7,b7 appropriate nongovernmental organizations4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #g1ejj1jjj for the period of fiscal years #bjaf through #bjbj4 7b7 ,real-,time monitoring ,contingent on funding1 during the period beginning on ,december #a1 #bjae1 and ending ,march #ca1 #bjaf1 and during each following ,december-through-,march period for which this ,act is in effect1 if suspended sediment loads enter the ,delta from the ,sacramento ,river and the suspended sediment loads appear likely to raise turbidity levels in ,old ,river north of the export pumps from values below #ab ,nephelometric ,turbidity ,units 7,n,t,us7 to values above #ab ,n,t,us1 the ,secretary shall-- 7#a7 conduct daily monitoring using appropriate survey methods at locations including the vicinity of ,station #ijb to determine the extent that adult ,delta smelt are moving with turbidity toward the export pumps2 and 7#b7 use results from the monitoring surveys at locations including the vicinity of ,station #ijb to determine how increased trawling can inform daily real-time ,central ,valley ,project and ,state ,water ,project operations to achieve fish protection and water supply benefits4 #bjd4 ,actions to benefit refuges 7a7 ,in general ,in addition to funding under section #cdjg of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgbf71 there is authorized to be appropriated to the ,secretary of the ,interior #b1jjj1jjj for each of fiscal years #bjaf through #bjbj for the acceleration and completion of water infrastructure and conveyance facilities necessary to achieve full water deliveries to ,central ,valley wildlife refuges and habitat areas pursuant to section #cdjf7;d7 of that ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgbb74 7b7 ,cost-,sharing 7#a7 ,federal share ,the ,federal share of the cost of carrying out an activity described in this section shall be not more than #ej percent4 7#b7 ,non-,federal share ,the non-,federal share of the cost of carrying out an activity described in this section-- 7,a7 shall be not less than #ej percent2 and 7,b7 may be provided in cash or in-kind4 ,,iii ,long-term water supply projects ,a ,desalination and water reuse #cja4 ,water recycling and desalination projects 7a7 ,findings ,congress finds that-- 7#a7 ,federal funding to support water recycling and desalination projects in recent years has been insufficient to address water supply needs in many regions across the ,united ,states2 7#b7 climate change and drought resiliency require additional water supply projects to cope with higher probabilities of longer more intense droughts2 7#c7 the historic drought in ,california highlights the necessity of long-term projects to address a changing climate2 7#d7 a recycled water project national survey conducted by the ,national ,association of ,clean ,water ,agencies1 the ,water ,reuse ,association1 the ,association of ,california ,water ,agencies1 and the ,california ,association of ,sanitation ,agencies in ,october #bjac identified #ib projects in #ad ,states that are under consideration or development by water districts capable of producing up to approximately #ijj1jjj acre-feet of new water supplies if there were sufficient funding or financing tools to facilitate the development of those projects2 and 7#e7 desalination of both seawater and brackish water has the potential to provide significant new water supplies to regions of the ,united ,states vulnerable to drought1 as is done in ,israel1 ,australia1 and many other countries around the world with scarce water supplies4 7b7 ,eligibility for water recycling ,federal support ,upon the submission of a completed feasibility report compliant with ,bureau of ,reclamation standards1 the ,secretary of the ,interior shall review requests for water recycling project funding assistance and1 subject to the availability of appropriations1 award funding1 on a competitive basis1 for projects that meet the eligibility requirements of title ,,iv1 including among the projects reviewed water recycling projects sponsored by any of the following3 7#a7 ,bear ,valley ,community ,services ,district4 7#b7 ,beaumont ,cherry ,valley ,water ,district4 7#c7 ,burbank ,water and ,power4 7#d7 ,cambria ,community ,services ,district4 7#e7 ,central ,contra ,costa ,sanitary ,district4 7#f7 ,city of ,american ,canyon4 7#g7 ,city of ,benicia4 7#h7 ,city of ,brentwood4 7#i7 ,city of ,camarillo4 7#aj7 ,city of ,carlsbad 7,municipal ,water ,district74 7#aa7 ,city of ,corona ,department of ,water and ,power4 7#ab7 ,city of ,daly ,city4 7#ac7 ,city of ,del ,mar4 7#ad7 ,city of ,escondido4 7#ae7 ,city of ,fresno4 7#af7 ,city of ,hayward4 7#ag7 ,city of ,los ,angeles ,a4 7,bureau of ,sanitation ,department of ,water ,power74 7#ah7 ,city of ,modesto4 7#ai7 ,city of ,morro ,bay4 7#bj7 ,city of ,mountain ,view4 7#ba7 ,city of ,oceanside4 7#bb7 ,city of ,palo ,alto4 7#bc7 ,city of ,paso ,robles4 7#bd7 ,city of ,pismo ,beach4 7#be7 ,city of ,pleasanton4 7#bf7 ,city of ,poway4 7#bg7 ,city of ,redwood ,city4 7#bh7 ,city of ,riverside4 7#bi7 ,city of ,roseville4 7#cj7 ,city of ,sacramento4 7#ca7 ,city of ,san ,bernardino4 7#cb7 ,city of ,san ,diego4 7#cc7 ,city of ,san ,luis ,obispo4 7#cd7 ,city of ,santa ,barbara4 7#ce7 ,city of ,santa ,rosa4 7#cf7 ,city of ,shasta ,lake4 7#cg7 ,city of ,sunnyvale4 7#ch7 ,city of ,turlock4 7#ci7 ,city of ,vacaville4 7#dj7 ,city of ,visalia4 7#da7 ,clear ,creek ,community ,services ,district4 7#db7 ,coachella ,valley ,water ,district4 7#dc7 ,cucamonga ,valley ,water ,district4 7#dd7 ,delta ,diablo ,sanitation ,district4 7#de7 ,desert ,water ,agency4 7#df7 ,dublin ,san ,ramon ,services ,district4 7#dg7 ,east ,bay ,municipal ,utility ,district4 7#dh7 ,east ,valley ,water ,district4 7#di7 ,eastern ,municipal ,water ,district4 7#ej7 ,el ,dorado ,irrigation ,district4 7#ea7 ,fallbrook ,public ,utility ,district4 7#eb7 ,goleta ,water ,district4 7#ec7 ,helendale ,community ,services ,district4 7#ed7 ,hi-,desert ,water ,district4 7#ee7 ,idyllwild ,water ,district4 7#ef7 ,inland ,empire ,utilities ,agency4 7#eg7 ,ironhouse ,sanitary ,district4 7#eh7 ,irvine ,ranch ,water ,district4 7#ei7 ,las ,virgenes ,municipal ,water ,district4 7#fj7 ,leucadia ,wastewater ,district4 7#fa7 ,los ,carneros ,water ,district4 7#fb7 ,marin ,municipal ,water ,district4 7#fc7 ,monterey ,regional ,water ,pollution ,control ,agency4 7#fd7 ,napa ,county ,department of ,public ,works4 7#fe7 ,north ,bay ,water ,reuse ,authority4 7#ff7 ,north ,marin ,water ,district4 7#fg7 ,novato ,sanitary ,district4 7#fh7 ,olivenhain ,municipal ,water ,district4 7#fi7 ,orange ,county ,sanitation ,district4 7#gj7 ,orange ,county ,water ,district4 7#ga7 ,otay ,water ,district4 7#gb7 ,padre ,dam ,municipal ,water ,district4 7#gc7 ,pajaro ,valley ,water ,management ,agency4 7#gd7 ,paradise ,irrigation ,district4 7#ge7 ,pebble ,beach ,community ,services ,district4 7#gf7 ,rainbow ,municipal ,water ,district4 7#gg7 ,ramona ,municipal ,water ,district4 7#gh7 ,rancho ,california ,water ,district4 7#gi7 ,rincon ,del ,diablo ,municipal ,water ,district4 7#hj7 ,sacramento ,regional ,county ,sanitation ,district4 7#ha7 ,san ,bernardino ,county ,special ,districts4 7#hb7 ,san ,francisco ,public ,utilities ,commission4 7#hc7 ,san ,jose ,water ,company4 7#hd7 ,san ,luis ,obispo ,county4 7#he7 ,santa ,clara ,valley ,water ,district4 7#hf7 ,santa ,clarita ,valley ,sanitation ,district4 7#hg7 ,santa ,fe ,irrigation ,district4 7#hh7 ,santa ,margarita ,water ,district4 7#hi7 ,sonoma ,county ,water ,agency4 7#ij7 ,south ,orange ,county ,wastewater ,authority4 7#ia7 ,south ,tahoe ,public ,utility ,district4 7#ib7 ,sunnyslope ,county ,water ,district4 7#ic7 ,town of ,yountville4 7#id7 ,tuolumne ,utilities ,district4 7#ie7 ,upper ,san ,gabriel ,valley ,municipal ,water ,district4 7#if7 ,valley ,center ,municipal ,water ,district4 7#ig7 ,valley ,sanitary ,district4 7#ih7 ,ventura ,county ,waterworks ,district ,no4 #h4 7#ii7 ,victor ,valley ,wastewater ,reclamation ,authority4 7#ajj7 ,west ,basin ,municipal ,water ,district4 7#aja7 ,west ,bay ,sanitary ,district4 7#ajb7 ,west ,county ,wastewater ,district 7,richmond1 ,california74 7#ajc7 ,western ,municipal ,water ,district of ,riverside ,county4 7#ajd7 ,western ,riverside ,county ,regional ,wastewater ,authority4 7#aje7 ,yucaipa ,valley ,water ,district4 7c7 ,eligibility for desalination project ,federal support ,upon the submission of a completed feasibility report compliant with ,bureau of ,reclamation standards1 the ,secretary of the ,interior shall review requests for water desalination funding assistance and1 subject to the availability of appropriations1 award funding on a competitive basis for projects that meet the eligibility requirements of title ,,iv1 including among the projects reviewed the following desalination projects referenced in the #bjac ,california ,water ,plan3 7#a7 ,cambria ,desalination ,project4 7#b7 ,camp ,pendleton ,seawater ,desalination ,project4 7#c7 ,chino ,basin ,desalter #c4 7#d7 ,doheny ,ocean ,desalination ,project4 7#e7 ,,great ,program ,groundwater ,desalination ,facility ,expansion4 7#f7 ,huntington ,beach ,seawater ,desalination ,project4 7#g7 ,irvine ,non-,potable ,shallow ,groundwater ,unit ,desalter4 7#h7 ,irvine ,ranch ,water ,district ,wells #ea1 #eb1 #ec1 #ba #bb ,potable 7,non-exempt7 ,desalter ,plant4 7#i7 ,long ,beach ,seawater ,desalination ,project4 7#aj7 ,marina ,desalination ,facility ,expansion4 7#aa7 ,mission ,valley ,brackish ,groundwater ,recovery ,project4 7#ab7 ,monterey ,bay ,regional ,water ,project ,desalination ,facility 7,moss ,landing74 7#ac7 ,monterey ,peninsula ,water ,supply ,project4 7#ad7 ,monterey ,peninsula ,water ,supply ,project 7,ocean ,desalination_/,groundwater ,replenishment74 7#ae7 ,moorpark ,groundwater ,desalter4 7#af7 ,north ,pleasant ,valley ,groundwater ,desalter4 7#ag7 ,oceanside ,ocean ,desalination ,project 7,san ,luis ,rey ,basin74 7#ah7 ,perris ,,ii ,desalter4 7#ai7 ,ramona ,desalting ,facility4 7#bj7 ,san ,diego ,formation_/,balboa ,park ,goundwater ,desal ,facility4 7#ba7 ,san ,elijo ,valley ,groundwater ,project4 7#bb7 ,san ,pasqual ,brackish ,groundwater ,recovery ,project4 7#bc7 ,santa ,cruz_/,soquel ,creek ,water ,district ,desalination ,plant4 7#bd7 ,south ,orange ,coastal ,ocean ,desalination ,project4 7#be7 ,west ,basin ,seawater ,desalination ,regional ,project4 7#bf7 ,west ,simi ,valley ,desalter4 7d7 ,eligibility for water supply project ,federal support ,upon the submission of a completed feasibility report compliant with ,bureau of ,reclamation standards1 the ,secretary of the ,interior shall review requests for funding assistance and1 subject to the availability of appropriations1 award funding on a competitive basis for projects that meet the eligibility requirements of title ,,iv1 including in the review drought recovery and resiliency projects for-- 7#a7 groundwater recharge2 7#b7 stormwater capture2 7#c7 agricultural or urban water conservation and efficiency2 or 7#d7 other innovative projects that can reduce reliance on surface and groundwater supplies4 #cjb4 ,reauthorization of ,desalination ,act 7a7 ,definitions ,section #b of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 and 7#e7 as paragraphs 7#b71 7#c71 7#e71 7#f71 and 7#d71 respectively1 and moving the paragraphs so as to appear in numerical order2 and 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 4 7b7 ,authorization of research and studies ,section #c of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by adding at the end the following3 7e7 ,prioritization ,in carrying out this section1 the ,secretary of the ,interior shall prioritize funding for research-- 7#a7 to reduce energy consumption and lower the cost of seawater and brackish water desalination2 7#b7 to reduce the environmental impacts of seawater desalination and develop technology and strategies to minimize those impacts2 7#c7 to improve existing reverse osmosis and membrane technology2 7#d7 to carry out basic and applied research on next generation desalination technologies1 including graphene membranes1 forward osmosis1 hybrid membrane-thermal desalination1 improved energy recovery systems1 and renewable energy-powered desalination systems that could significantly reduce desalination costs2 and 7#e7 to develop portable or modular desalination units capable of providing temporary emergency water supplies for domestic or military deployment purposes4 4 7c7 ,desalination demonstration and development ,section #d of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by adding at the end the following3 7c7 ,prioritization ,in carrying out demonstration and development activities under this section1 the ,secretary shall prioritize projects-- 7#a7 in drought-stricken ,states and communities2 7#b7 in ,states that have authorized funding for research and development of desalination technologies and projects2 and 7#c7 that can reduce reliance on imported water supplies that have an impact on species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 4 7d7 ,authorization of appropriations ,section #h of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 in subsection 7a71 in the first sentence-- 7,a7 by striking #e1jjj1jjj and inserting #aj1jjj1jjj2 and 7,b7 by striking #bjac and inserting #bjbj2 and 7#b7 in subsection 7b71 by striking for each of fiscal years #bjab through #bjac and inserting for each of fiscal years #bjaf through #bjbj4 7e7 ,consultation ,section #i of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 by striking the section designation and heading and all that follows through ,in carrying out in the first sentence and inserting the following3 #i4 ,consultation and coordination 7a7 ,consultation ,in carrying out 2 7#b7 in the second sentence1 by striking ,the authorization and inserting the following3 7c7 ,other desalination programs ,the authorization 2 and 7#c7 by inserting after subsection 7a7 7as designated by paragraph 7#a77 the following3 7b7 ,coordination of ,federal desalination research and development 7#a7 ,in general ,the ,white ,house ,office of ,science and ,technology ,policy shall develop a coordinated strategic plan that-- 7,a7 establishes priorities for future ,federal investments in desalination2 and 7,b7 coordinates the activities of ,federal agencies involved in desalination1 including the ,bureau of ,reclamation1 the ,national ,science ,foundation1 the ,office of ,naval ,research of the ,department of ,defense1 the ,national ,laboratories of the ,department of ,energy1 the ,united ,states ,geological ,survey1 the ,environmental ,protection ,agency1 and the ,national ,oceanic and ,atmospheric ,administration4 4 7f7 ,desalination project assistance ,the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by adding at the end the following3 #aj4 ,feasibility study and design assistance 7a7 ,in general ,in order to facilitate the development of water desalination projects1 the ,administrator shall develop and implement a program to provide financial assistance to study the feasibility and support the design of desalination facilities 7including associated water distribution infrastructure7 that provide usable water4 7b7 ,feasibility studies 7#a7 ,in general ,the ,administrator may provide grant assistance to a non-,federal project sponsor to evaluate and determine the feasibility of a public or public-private desalination project4 7#b7 ,federal share ,the ,federal share for a feasibility study under paragraph 7#a7 shall not exceed #ej percent of the cost of the study4 7#c7 ,criteria for eligibility ,in carrying out this subsection1 the ,administrator shall establish criteria to determine projects eligible for grant funding based on the ability of the projects to provide regional water supply benefits1 including-- 7,a7 improving water supply reliability in regions subject to frequent and severe drought2 7,b7 enhancement of public health1 safety1 ecosystems1 and watershed sustainability2 7,c7 preservation of groundwater through reduction of withdrawals from aquifers2 7,d7 offsetting demand for water conveyed from environmentally sensitive areas outside service area of the project2 and 7,e7 mitigation of saltwater intrusion to aquifers4 7c7 ,project design 7#a7 ,in general ,the ,administrator may provide grant assistance to a non-,federal project sponsor for the design of a public or public-private desalination project4 7#b7 ,federal share ,the ,federal share for project design under paragraph 7#a7 shall not exceed #be percent of the cost of project design of the project4 7#c7 ,criteria for eligibility ,in carrying out this subsection1 the ,administrator shall establish criteria to determine projects eligible for grant funding1 including-- 7,a7 completion of a feasibility study described in subsection 7b72 7,b7 demonstration of technical feasibility and cost effectiveness2 7,c7 completion of all required ,state and ,federal environmental impact analyses2 7,d7 receipt of all necessary local1 ,state1 and ,federal permits2 7,e7 demonstration of financial capability of non-,federal project sponsors2 7,f7 quantification and net cost of water produced by the project2 and 7,g7 identification of users of produced water supply1 including water purchase agreements and other contractually binding mechanisms4 7d7 ,guidance ,not later than #ahj days after the date of enactment of this section1 the ,administrator shall publish appropriate guidance to implement this section4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjaf through #bjbj1 to remain available until expended4 7f7 ,report on desalination technology ,not later than #ij days after the date of enactment of this section1 the ,secretary of the ,navy shall submit to ,congress a report on the application of desalinization technology for defense and national security purposes to provide drought relief to areas impacted by sharp declines in water supply4 4 ,b ,storage #caa4 ,definitions ,in this subtitle3 7#a7 ,federal storage project ,the term ,federal storage project means any water storage facility to which the ,united ,states holds title and which was authorized to be constructed1 operated1 and maintained pursuant to the reclamation laws4 7#b7 ,non-,federal storage project ,the term non-,federal storage project means any water storage facility constructed1 operated1 and maintained by any ,state1 department of a ,state1 subdivision of a ,state1 or public agency organized pursuant to ,state law4 #cab4 ,federal support for investments in storage 7a7 ,federal storage projects 7#a7 ,agreements ,on the request of any ,state1 department1 agency1 or subdivision of a ,state1 or public agency organized pursuant to ,state law1 the ,secretary of the ,interior may negotiate and enter into an agreement on behalf of the ,united ,states for participation in the construction or expansion of any ,federal storage project in accordance with this section4 7#b7 ,federal cost share ,subject to the requirements of this subsection1 the ,secretary may participate in a ,federal storage project in an amount equal to not more than #ej percent of the total cost of the ,federal storage project4 7#c7 ,commencement ,the construction of a ,federal storage project that is the subject of an agreement under this subsection shall not commence until the ,secretary secures an agreement providing such funds as are necessary to pay the capital costs for any purpose that would otherwise be considered to be reimbursable under the reclamation laws4 7#d7 ,rights to use capacity ,subject to compliance with ,state water rights laws1 the right to use the capacity of a ,federal storage project for which the ,secretary has entered into an agreement under this subsection shall be allocated in such manner as may be mutually agreed on by the ,secretary and each other party to the agreement4 7#e7 ,environmental laws ,in participating in a ,federal storage project under this subsection1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7b7 ,non-,federal storage projects 7#a7 ,in general ,subject to the requirements of this subsection1 the ,secretary of the ,interior may participate in a non-,federal storage project in an amount equal to not more than #be percent of the total cost of the non-,federal storage project4 7#b7 ,request by ,governor ,participation in a non-,federal storage project under this subsection shall not occur unless-- 7,a7 the participation has been requested by the ,governor of the ,state in which the non-,federal storage project is located2 and 7,b7 the ,secretary-- 7i7 makes each determination described in paragraph 7#c72 and 7ii7 submits to ,congress a written notification of those determinations4 7#c7 ,description of determinations ,the determinations referred to in paragraph 7#b77;,b77i7 include a determination by the ,secretary that-- 7,a7 the relevant non-,federal storage project is technically and financially feasible2 7,b7 sufficient non-,federal funding is available to complete the non-,federal storage project2 7,c7 the non-,federal storage project sponsors are financially solvent2 7,d7 the environmental impacts of the non-,federal storage project are acceptable2 and 7,e7 the ,federal benefits of the non-,federal storage project1 including water supplies dedicated to specific purposes such as environmental enhancement or wildlife refuges1 meet or exceed the proposed ,federal investment4 7#d7 ,projects in ,california ,federal funding for construction of the ,los ,vaqueros ,reservoir1 ,north-of-,delta ,offstream ,storage 7,sites ,reservoir71 and the ,upper ,san ,joaquin ,river non-,federal storage projects described in clauses 7i77,,ii71 7ii77,i71 and 7ii77,,ii7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd7 is conditional on the ,california ,water ,commission determining that-- 7,a7 the project is feasible1 is consistent with all applicable laws and regulations1 and will advance the long-term objectives of restoring ecological health and improving water management for beneficial uses of the ,delta1 pursuant to section #gigee7;a77#e77;,b7 of the ,california ,water ,quality1 ,supply1 and ,infrastructure ,improvement ,act of #bjad 7division #bf4g of the ,california ,water ,code72 and 7,b7 pursuant to section #gigec7;a7 of that ,act1 #ej percent or more of the total public benefits of the project provide the following3 7i7 ,ecosystem improvements1 including changing the timing of water diversions1 improvement in flow conditions1 temperature1 or other benefits that contribute to restoration of aquatic ecosystems and native fish and wildlife1 including those ecosystems and fish and wildlife in the ,delta4 7ii7 ,water quality improvements in the ,delta1 or in other river systems1 that provide significant public trust resources1 or that clean up and restore groundwater resources4 7iii7 ,flood control benefits1 including increases in flood reservation space in existing reservoirs by exchange for existing or increased water storage capacity in response to the effects of changing hydrology and decreasing snow pack on the water and flood management system of the ,state4 7iv7 ,emergency response1 including securing emergency water supplies and flows for dilution and salinity repulsion following a natural disaster or act of terrorism4 7v7 ,recreational purposes1 including those recreational pursuits generally associated with the outdoors4 7#e7 ,environmental laws ,in participating in a non-,federal storage project under this subsection1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#f7 ,information ,in participating in a non-,federal storage project under this subsection1 the ,secretary-- 7,a7 may rely on reports prepared by the non-,federal storage project sponsor1 including feasibility 7or equivalent7 studies1 environmental analyses1 and other pertinent reports and analyses2 but 7,b7 shall retain responsibility for making the independent determinations described in paragraph 7#c74 7c7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #fjj1jjj1jjj through fiscal year #bjbe4 7#b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior 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 that contains recommendations of the ,secretary1 if any1 regarding whether additional appropriations are needed to carry out the purposes of this section1 and the amount of such additional appropriations4 #cac4 ,,calfed storage projects 7a7 ,findings ,congress finds that-- 7#a7 the record drought conditions being experienced in the ,state as of the date of enactment of this ,act are-- 7,a7 expected to recur in the future2 and 7,b7 likely to do so with increasing frequency2 7#b7 water storage is an indispensable and integral part of any solution to address the long-term water challenges of the ,state2 7#c7 ,congress authorized relevant feasibility studies for #e water storage projects in the ,state1 including projects for-- 7,a7 enlargement of ,shasta ,dam in ,shasta ,county under section #b7;a7 of ,public ,law #if-cge 7#id ,stat4 #aejf71 as reaffirmed under section #ajc7;d77#a77;,a77i77,i7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd72 7,b7 enlargement of ,los ,vaqueros ,reservoir in ,contra ,costa ,county under section #bae of ,public ,law #ajh-g 7#aag ,stat4 #adg71 as reaffirmed under section #ajc7;d77#a77;,a77i77,,ii7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd72 7,c7 construction of ,north-of-,delta ,offstream ,storage 7,sites ,reservoir7 in ,colusa ,county under section #bae of ,public ,law #ajh-g 7#aag ,stat4 #adg71 as reaffirmed under section #ajc7;d77#a77;,a77ii77,i7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd72 7,d7 construction of the ,upper ,san ,joaquin ,river storage 7,temperance ,flat7 in ,fresno and ,madera ,counties under section #bae of ,public ,law #ajh-g 7#aag ,stat4 #adg71 as reaffirmed under section #ajc7;d77#a77;,a77ii77,,ii7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd72 and 7,e7 expansion of ,san ,luis ,reservoir under section #ajc7;f77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afid72 7#d7 as of the date of enactment of this ,act1 it has been more than #aj years since the authorization of the feasibility studies referred to in paragraph 7#c71 but complete and final feasibility studies have not been prepared for any of those water storage projects2 7#e7 the slow pace of work on completion of the feasibility studies for those #e water storage projects is unjustified and of deep concern2 and 7#f7 there is significant public interest in1 and urgency with respect to1 completing all feasibility studies and environmental reviews for the water storage projects referred to in paragraph 7#c71 given the critical need for that infrastructure to address current and future water challenges of the ,state4 7b7 ,deadlines for completing storage studies ,the ,secretary of the ,interior1 through the ,commissioner of ,reclamation1 shall-- 7#a7 complete the feasibility studies described in clauses 7i77,i7 and 7ii77,,ii7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd7 and submit such studies to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,december #ca1 #bjae2 7#b7 complete the feasibility study described in clause 7i77,,ii7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd7 and submit such study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,november #cj1 #bjaf2 7#c7 complete a publicly available draft of the feasibility study described in clause 7ii77,i7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd7 and submit such study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,november #cj1 #bjaf2 7#d7 complete the feasibility study described in clause 7ii77,i7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd7 and submit such study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,november #cj1 #bjag2 7#e7 complete the feasibility study described in section #ajc7;f77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afid7 and submit such study to the appropriate ,committees of the ,house of ,representatives and the ,senate not later than ,december #ca1 #bjag2 7#f7 provide a progress report on the status of the feasibility studies referred to in paragraphs 7#a7 through 7#c7 to the appropriate committees of the ,house of ,representatives and the ,senate not later than #ij days after the date of the enactment of this ,act and every #ahj days thereafter until ,december #ca1 #bjag1 as applicable1 which report shall include timelines for study completion1 draft environmental impact statements1 final environmental impact statements1 and records of decision2 and 7#g7 communicate1 coordinate1 and cooperate with public water agencies that contract with the ,united ,states for ,central ,valley ,project water and that are expected to participate in the cost pools that will be created for the projects proposed in the feasibility studies under this section4 7c7 ,impacts ,the ,secretary of the ,interior1 in consultation with other appropriate agencies1 shall establish a process to address direct and substantial impacts caused by any storage projects under this section4 #cad4 ,authorization to increase reservoir capacity as part of dam safety projects ,the ,reclamation ,safety of ,dams ,act of #aigh is amended by-- 7#a7 in section #c 7#dc ,u4,s4,c4 #ejg71 in the first sentence1 by striking ,construction and inserting ,except as provided in section #e;,b1 construction2 and 7#b7 inserting after section #e;,a 7#dc ,u4,s4,c4 #eji;a7 the following3 #e;,b4 ,authorization to increase reservoir capacity as part of dam safety projects 7a7 ,determination by ,secretary of the ,interior 7#a7 ,in general ,subject to subsection 7b71 notwithstanding section #c1 if the ,secretary makes a determination described in paragraph 7#b71 the ,secretary may develop additional project benefits through the construction of new or supplementary works on a project-- 7,a7 in conjunction with the activities of the ,secretary under section #b2 and 7,b7 subject to the conditions described in the relevant feasibility study4 7#b7 ,description of determination ,a determination referred to in paragraph 7#a7 is a determination by the ,secretary that an additional project benefit 7including additional conservation storage capacity7 is-- 7,a7 necessary2 7,b7 in the interests of-- 7i7 the ,united ,states2 and 7ii7 the project2 7,c7 feasible2 and 7,d7 not inconsistent with the purposes of this ,act4 7b7 ,requirement ,the costs associated with developing an additional project benefit under subsection 7a7 shall be-- 7#a7 allocated to the authorized purposes of the project that have a benefit2 7#b7 subject to a cost-sharing agreement among applicable ,federal1 ,state1 and local agencies relating to the additional project benefit2 and 7#c7 repaid in accordance with the reclamation laws4 4 #cae4 ,reservoir operation improvement 7a7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,army shall submit to the ,committees on ,appropriations and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,appropriations and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report including the following information for any ,state under a gubernatorial drought declaration during water year #bjae3 7#a7 ,a list of ,corps of ,engineer projects and non-,federal projects operated for flood control in accordance with rules prescribed by the ,secretary of the ,army pursuant to section #g of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hij1 chapter #ffe74 7#b7 ,the year during which the original water control manual was approved4 7#c7 ,the year during which any subsequent revisions to the water control plan and manual of the project are proposed to occur4 7#d7 ,a list of projects for which operational deviations for drought contingency have been requested1 and the status of the request4 7#e7 ,the means by which water conservation and water quality improvements were addressed4 7#f7 ,a list of projects for which permanent changes to storage allocations have been requested1 and the status of the request4 7b7 ,project identification ,not later than #fj days after the date of completion of the report under subsection 7a71 the ,secretary of the ,army shall identify any projects described in the report that meet the following criteria3 7#a7 ,the project is 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 final review by the ,secretary4 7#b7 ,the water control manual and hydrometeorological information establishing the flood control rule curves of the project have not been revised during the #bj-year period ending on the date of review by the ,secretary4 7#c7 ,revision of water operations manuals1 including flood control rule curves1 based on the use of improved weather forecasting or run-off forecasting methods1 new watershed data1 or changes to project operations1 for the project is likely to enhance the existing authorized project purposes including water supply storage capacity and reliability1 flood control operations and environmental restoration4 7c7 ,additional projects identified ,not later than #fj days after the date of completion of the report under subsection 7a71 the ,secretary of the ,army shall identify any non-,corps of ,engineers projects that meet-- 7#a7 the criteria described in subsection 7b72 and 7#b7 7,a7 the owner of the non-,federal 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 changes2 and 7,b7 the modifications or operational changes proposed by the owner of the non-,federal project are likely to enhance water supply benefits and flood control operations4 7d7 ,pilot projects 7#a7 ,in general ,not later than #a year after the date of identification of the projects under subsections 7b7 and 7c71 if any1 the ,secretary of the ,army shall carry out not more than #e pilot projects1 including at least #b non-,federal projects 7within the meaning of subsection 7a77#a77 7if any are identified under subsection 7b7 or 7c771 to implement revisions of water operations manuals1 including flood control rule curves1 based on the best available science1 which may include-- 7,a7 forecast-informed operations2 7,b7 new watershed data2 and 7,c7 if applicable1 spillway improvements4 7#b7 ,consultation ,in implementing the pilot projects pursuant to this subsection1 the ,secretary of the ,army shall consult with all affected interests1 including non-,federal entities responsible for operations and maintenance costs of a ,corps of ,engineers facility1 affected water rights holders1 individuals and entities with storage entitlements1 and local agencies with flood control responsibilities downstream of a ,corps of ,engineers facility4 7e7 ,coordination with non-,federal project entities ,if a project identified under subsection 7b7 or 7c7 is-- 7#a7 a non-,federal project1 the ,secretary of the ,army1 prior to carrying out an activity under this section1 shall-- 7,a7 consult with the non-,federal project owner2 and 7,b7 enter into a cooperative agreement1 memorandum of understanding1 or other agreement with the non-,federal project owner2 and 7#b7 owned and operated by the ,corps of ,engineers1 the ,secretary of the ,army1 prior to carrying out an activity under this section1 shall-- 7,a7 consult with each non-,federal entity 7including a municipal water district1 irrigation district1 joint powers authority1 or other local governmental entity7 that currently-- 7i7 manages 7in whole or in part7 a ,corps of ,engineers dam or reservoir2 or 7ii7 is responsible for operations and maintenance costs2 and 7,b7 enter into a cooperative agreement1 memorandum of understanding1 or other agreement with each such entity4 7f7 ,consideration ,in designing and implementing a forecast-informed reservoir operations plan1 the ,secretary of the ,army may consider-- 7#a7 the relationship between ocean and atmospheric conditions1 including the ,el ,nino and ,la ,nina cycles1 and the potential for above-normal1 normal1 and below-normal rainfall for the coming water year1 including consideration of atmospheric river forecasts2 7#b7 the precipitation and runoff index specific to the basin and watershed of the relevant dam or reservoir1 including incorporating knowledge of hydrological and meteorological conditions that influence the timing and quantity of runoff2 7#c7 improved hydrologic forecasting for precipitation1 snowpack1 and soil moisture conditions2 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 safety2 and 7#e7 proactive management in response to changes in forecasts4 7g7 ,funding ,on finalizing an agreement with a non-,federal project sponsor or non-,federal project owner 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 ,effect 7#a7 ,manual revisions ,a revision of a manual shall not interfere with the authorized purposes of a project4 7#b7 ,effect 7,a7 ,act ,nothing in this ,act authorizes the ,secretary of the ,army to carry out1 at a ,corps of ,engineers or non-,federal dam or reservoir1 any project or activity for a purpose not otherwise authorized as of the date of enactment of this ,act4 7,b7 ,section ,nothing in this section affects or modifies any obligation of the ,secretary of the ,army under ,state law or authorizes the diversion or use of water in a manner that is inconsistent with ,state water rights law4 7#c7 ,bureau of ,reclamation projects excluded ,this section shall not apply to any dam or reservoir owned by the ,bureau of ,reclamation4 7i7 ,modifications to manuals and curves ,not later than #ahj days after the date of completion of a modification to an operations manual or flood control rule curve1 the ,secretary of the ,army shall submit to ,congress a report regarding the components of the forecast-based reservoir operations plan incorporated into the change4 #caf4 ,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 of the projects that are receiving1 or have received1 assistance under this subtitle1 including an assessment of whether the objectives of this subtitle are being met4 ,c ,water recycling1 conservation1 efficiency1 and other programs #cba4 ,promoting water efficiency with ,water,sense 7a7 ,in general ,there is established within the ,environmental ,protection ,agency a program1 to be known as the ,water,sense ,program1 to identify and promote water efficient products1 buildings1 landscapes1 facilities1 processes1 and services so as-- 7#a7 to reduce water use2 7#b7 to reduce the strain on water1 wastewater1 and stormwater infrastructure2 7#c7 to conserve energy used to pump1 heat1 transport1 and treat water2 and 7#d7 to preserve water resources for future generations1 through voluntary labeling of1 or other forms of communications regarding1 products1 buildings1 landscapes1 facilities1 processes1 and services that meet the highest water efficiency and performance criteria4 7b7 ,duties ,the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator7 shall-- 7#a7 establish-- 7,a7 a ,water,sense label to be used for certain items2 and 7,b7 the procedure by which an item may be certified to display the ,water,sense label2 7#b7 promote ,water,sense-labeled products1 buildings1 landscapes1 facilities1 processes1 and services in the marketplace as the preferred technologies and services for-- 7,a7 reducing water use2 and 7,b7 ensuring product and service performance2 7#c7 work to enhance public awareness of the ,water,sense label through public outreach1 education1 and other means2 7#d7 preserve the integrity of the ,water,sense label by-- 7,a7 establishing and maintaining performance criteria so that products1 buildings1 landscapes1 facilities1 processes1 and services labeled with the ,water,sense label perform as well or better than less water-efficient counterparts2 7,b7 overseeing ,water,sense certifications made by third parties2 7,c7 conducting reviews of the use of the ,water,sense label in the marketplace and taking corrective action in any case in which misuse of the label is identified2 and 7,d7 carrying out such other measures as the ,administrator determines to be appropriate2 7#e7 regularly review and1 if appropriate1 update ,water,sense criteria for categories of products1 buildings1 landscapes1 facilities1 processes1 and services1 at least once every #f years2 7#f7 to the maximum extent practicable1 regularly estimate and make available to the public the production and relative market shares of1 and the savings of water1 energy1 and capital costs of water1 wastewater1 and stormwater infrastructure attributable to the use of ,water,sense-labeled products1 buildings1 landscapes1 facilities1 processes1 and services1 at least annually2 7#g7 solicit comments from interested parties and the public prior to establishing or revising a ,water,sense category1 specification1 installation criterion1 or other criterion2 7#h7 provide reasonable notice to interested parties and the public of any changes 7including effective dates71 on the adoption of a new or revised category1 specification1 installation criterion1 or other criterion1 along with-- 7,a7 an explanation of the changes2 and 7,b7 as appropriate1 responses to comments submitted by interested parties and the public2 7#i7 provide appropriate lead time 7as determined by the ,administrator7 prior to the applicable effective date for a new or significant revision to a category1 specification1 installation criterion1 or other criterion1 taking into account the timing requirements of the manufacturing1 marketing1 training1 and distribution process for the specific product1 building and landscape1 or service category addressed2 7#aj7 identify and1 if appropriate1 implement other voluntary approaches in commercial1 institutional1 residential1 industrial1 and municipal sectors to encourage recycling and reuse technologies to improve water efficiency or lower water use2 and 7#aa7 if appropriate1 authorize the ,water,sense label for use on products that are labeled by the ,energy ,star program implemented by the ,administrator and the ,secretary of ,energy4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #e1jjj1jjj for fiscal year #bjaf2 7#b7 #e1jjj1jjj for fiscal year #bjag2 7#c7 #e1jjj1jjj for fiscal year #bjah2 7#d7 #e1jjj1jjj for fiscal year #bjai2 and 7#e7 for each subsequent fiscal year1 the applicable amount for the preceding fiscal year1 as adjusted to reflect changes for the #ab-month period ending the preceding ,november #cj in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor4 #cbb4 ,increasing opportunities for agricultural conservation 7a7 ,in general ,the ,secretary of the ,interior is authorized and directed to enter into voluntary agreements with public water agencies or other entities that receive water from any project operated by the ,bureau of ,reclamation to implement water conservation programs4 7b7 ,uses of conserved water ,of the quantity of water conserved as a result of the exercise of the authority of the ,secretary under subsection 7a7-- 7#a7 #be percent shall be retained by the public water agency or entity with which the ,secretary has entered into a water conservation agreement2 and 7#b7 #ge percent shall be retained by the ,secretary1 of which-- 7,a7 #cc percent shall be used or marketed on an annual basis for purposes that will promote groundwater recharge and conservation2 and 7,b7 #fg percent shall be used on an annual basis for refuge water supply or other authorized project purposes4 7c7 ,exceptions ,for good reason1 the ,secretary and the public water agency or entity with which the ,secretary has entered into a water conservation agreement may agree to modify the percentages of uses of the water conserved specified in subsection 7b7 in a particular instance4 7d7 ,contributed funds 7#a7 ,in general ,any existing water service or repayment contractor within the project service area may contribute funds for the implementation of the water conservation agreement4 7#b7 ,action by ,secretary ,if a contractor provides contributed funds pursuant to paragraph 7#a71 the ,secretary shall provide to that water service or repayment contractor some or all of the water described in subsection 7b77#b77;,b71 but not to exceed the proportion of funds contributed by the contractor4 7#c7 ,additional water ,if a contractor contributes over #ej percent of the project cost1 the ,secretary may reach an agreement with the contractor to provide some of the water described in subsection 7b77#b77;,a7 for the contractor to use for groundwater recharge and conservation1 subject to the condition that the contractor may not receive a higher proportion of the water conserved than the proportion of the funds contributed by the contractor4 #cbc4 ,assistance for drought-stricken communities 7a7 ,findings ,congress finds that-- 7#a7 across the ,united ,states1 more than #ij percent of the community water systems serve populations of less than #aj1jjj individuals2 7#b7 the number of dry wells continues to increase as the ,state enters the fourth consecutive summer of drought1 with approximately #a1ihh wells statewide identified as critical or dry1 which affects an estimated #i1idj residents1 with #a1hhc of the #a1ihh dry wells concentrated in the inland regions within the ,central ,valley2 7#c7 many areas of the ,state are disproportionately impacted by drought because the areas are heavily dependent or completely reliant on groundwater from basins that are in overdraft and in which the water table declines year after year or from basins that are contaminated2 and 7#d7 those communities throughout the ,state have been impacted by the presence of naturally occurring arsenic in the groundwater among other contaminants1 as a result of higher concentration of contaminants in the water4 7b7 ,additional assistance for communities without access to adequate water 7#a7 ,in general ,to assist disadvantaged communities that have experienced a significant decline in quantity or quality of drinking water1 and to obtain or maintain adequate quantities of water that meet the standards set by the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 et seq471 there is established within the ,rural ,water and ,waste ,disposal ,program of the ,department of ,agriculture a program under which the ,secretary of ,agriculture shall provide grants for communities-- 7,a7 that are unable to meet the primary water quality standards under that ,act2 or 7,b7 the local private or public water supply of which has been lost or severely diminished due to drought conditions4 7#b7 ,eligible communities 7,a7 ,in general ,except as provided in subparagraph 7,b71 to be eligible to receive a grant under this subsection1 a community shall carry out a project described in paragraph 7#c71 the service area of which-- 7i7 shall not be located in any city or town with a population of more than #aj1jjj residents2 and 7ii7 has a median household income of less than #ajj percent of a the nonmetropolitan median household income of the ,state4 7,b7 ,exceptions ,notwithstanding subparagraph 7,a77i71 the ,secretary may provide assistance to communities exceeding the #aj1jjj population limit established by that subparagraph in the event there is a threat to the human health and safety of the community as a result of decreased water supplies or water quality4 7#c7 ,eligible projects ,projects eligible for this program may be used for-- 7,a7 point of use treatment2 7,b7 point of entry systems2 7,c7 distributed treatment facilities2 7,d7 construction of new water source facilities including wells and connections to existing systems2 7,e7 water distribution facilities2 7,f7 connection fees to existing systems2 7,g7 assistance to households to connect to water facilities2 and 7,h7 any combination of activities described in subparagraphs 7,a7 through 7,g74 7#d7 ,prioritization ,in determining priorities for funding projects1 the ,secretary of ,agriculture shall take into consideration-- 7,a7 where water outages-- 7i7 are most imminent2 and 7ii7 pose the greatest threat to public health and safety2 and 7,b7 the access of the applicant to1 or ability to qualify for1 alternative funding sources4 7#e7 ,maximum amount ,the amount of a grant provided under this section may be made up to #ajj percent of costs1 including-- 7,a7 initial operation costs incurred for start-up and testing of project facilities2 7,b7 components to ensure such facilities and components are properly operational2 and 7,c7 costs of operation or maintenance incurred subsequent to placing the facilities or components into service4 7#f7 ,nonprofit organizations ,the ,secretary may use amounts made available to carry out this section to provide grants to1 or enter into cooperative agreements with1 nonprofit organizations that can provide onsite technical assistance1 assistance with implementing source water protection plans1 and assistance with implementing monitoring and maintenance plans4 7c7 ,pilot projects ,there is authorized to be appropriated to the ,secretary to carry out this section #ae1jjj1jjj for up to #ae pilot projects to implement the program under this section4 #cbd4 ,conservation at ,california military installations 7a7 ,initial assessment 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,defense shall submit to the ,subcommittees on ,military ,construction1 ,veterans ,affairs1 and ,related ,agencies of the ,committees on ,appropriations of the ,senate and the ,house of ,representatives a list of water conservation activities and best practices that the ,secretary-- 7,a7 has carried out on military installations in the ,state2 or 7,b7 will carry out in the ,state pursuant to sections #bhff and #biad of title #aj1 ,united ,states ,code4 7#b7 ,inclusions ,the report under paragraph 7#a7 shall include-- 7,a7 consideration of-- 7i7 implementing the ,net ,zero initiative of the ,army in the ,state2 7ii7 reducing irrigation for landscaping and golf courses2 7iii7 addressing distribution leaks and inadequate or faulty plumbing fixtures2 and 7iv7 wastewater reclamation and rainwater harvesting2 and 7,b7 a description of-- 7i7 how installations can use the ,energy and ,water focus area of the ,strategic ,environmental ,research and ,development ,program and ,environmental ,security ,technology ,certification ,program to promote and accelerate conservation at military installations in the ,state2 and 7ii7 the feasibility of entering into agreements with a utility or other entity to adopt technologies or practices that-- 7,i7 reduce water demand2 7,,ii7 increase water conservation2 or 7,,iii7 reclaim water4 7b7 ,pilot projects ,not later than #ahj days after the date of submission of the report under subsection 7a71 the ,secretary of ,defense shall commence1 including through initial planning and study1 not fewer than #c pilot projects on military installations in the ,state to implement the actions described in the report4 7c7 ,subsequent reports ,not later than #a year after the date of enactment of this ,act1 and annually thereafter for each year during which there exists a drought declaration in the ,state1 the ,secretary of ,defense shall submit to the ,subcommittees on ,military ,construction1 ,veterans ,affairs1 and ,related ,agencies of the ,committees on ,appropriations of the ,senate and the ,house of ,representatives a progress report describing the implementation of this section during the preceding calendar year4 #cbe4 ,support for ,state ,water ,resources ,control ,board curtailment of illegal water diversions ,the ,secretary of the ,interior and the ,secretary of ,commerce shall support the efforts of the ,state ,water ,resources ,control ,board to regulate the ,state's water supplies during the drought emergency by providing technical and modeling assistance upon request4 #cbf4 ,combating water theft for illegal marijuana cultivation ,in addition to other amounts made available under this ,act 7or an amendment made by this ,act71 there is authorized to be appropriated #c1jjj1jjj to the ,administrator of the ,drug ,enforcement ,administration for a domestic cannabis eradication and suppression program to assist ,state or local law enforcement agencies in the suppression of cannabis operations that-- 7#a7 are conducted on public land2 or 7#b7 7,a7 trespass on the property of an individual or entity2 and 7,b7 unlawfully divert1 redirect1 obstruct1 drain1 or impound water4 #cbg4 ,support for innovative water supply and conservation technologies 7a7 ,in general ,in order to promote the development of innovative water supply and conservation technologies1 the ,administrator of the ,environmental ,protection ,agency is authorized1 on a competitive basis1 to award grants and enter into contracts to assist in the financing of research and demonstration projects for such innovative technologies4 7b7 ,eligible entities ,entities eligible to receive grants and enter into contracts pursuant to this section include local entities1 public nonprofit institutions or organizations1 businesses1 federally recognized ,indian tribal governments1 and nonprofit institutions or organizations4 7c7 ,eligibility criteria ,the ,administrator shall establish criteria for applicants to be eligible to receive a grant from1 or enter into a contract with1 the ,administrator under this section1 including-- 7#a7 demonstration of the technical feasibility of the proposal and the qualifications of the entity to carry out the proposal2 7#b7 demonstration of the financial capability and creditworthiness of non-,federal project sponsors2 7#c7 compliance with all applicable laws and receipt of all necessary local1 ,state1 and ,federal permits2 and 7#d7 quantification of the estimated water to be produced or saved by the project and the net cost of the project4 7d7 ,evaluation criteria ,the ,administrator shall establish criteria for evaluating on a competitive basis eligible applicants under this section1 including the degree to which the proposed technology-- 7#a7 proposes an innovation that has broad1 fundamental implications for water savings or water supply2 7#b7 is economically feasible2 7#c7 could reduce the costs of water supply1 including reductions in associated energy costs2 7#d7 would solve environmental concerns or provide environmental benefits2 7#e7 has a proof of concept1 and a likely path to success within a reasonable time frame2 and 7#f7 is aimed at the development of a specific water saving or water supply application1 as opposed to basic research aimed at discovery and fundamental knowledge generation4 7e7 ,authority ,to engage others 7#a7 ,in general ,in carrying out research and studies authorized in this section1 the ,administrator may engage the necessary personnel1 industrial or engineering firms1 ,federal laboratories1 water resources research and technology institutions1 other facilities1 and educational institutions suitable to conduct investigations and studies authorized under this section4 7#b7 ,technical and administrative assistance ,the ,administrator may-- 7,a7 accept technical and administrative assistance from ,states and public or private agencies in connection with studies1 surveys1 location1 construction1 operation1 and other work relating to the desalting of water2 and 7,b7 enter into contracts or agreements stating the purposes for which the assistance is contributed and providing for the sharing of costs between the ,administrator and any such agency4 7f7 ,cost-,sharing 7#a7 #be-percent ,federal cost share ,a ,federal contribution in excess of #be percent for a project carried out under this section may not be made unless the ,administrator determines that the project is not feasible without such increased ,federal contribution4 7#b7 ,maximum ,federal cost share ,in no case shall the ,federal cost-share for a project under this section exceed #ej percent of the total cost of the project4 7#c7 ,procedures for allocating costs ,the ,administrator shall prescribe appropriate procedures to implement the provisions of this section4 ,costs of operation1 maintenance1 repair1 and rehabilitation of facilities funded under the authority of this section shall be non-,federal responsibilities4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ce1jjj1jjj for the period of fiscal years #bjaf through #bjbj4 #cbh4 ,open water data system 7a7 ,definitions ,in this section3 7#a7 ,educational institution ,the term educational institution means-- 7,a7 a public or private elementary or secondary school2 7,b7 an institution of vocational1 professional1 or higher education 7including a junior college or teachers' college72 and 7,c7 an association of schools or institutions described in subparagraphs 7,a7 and 7,b74 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given that term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,geological ,survey4 7#d7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#e7 ,system ,the term system means the open water data system established under subsection 7b74 7b7 ,system ,the ,secretary shall establish and maintain an open water data system within the ,united ,states ,geological ,survey to advance the availability1 timely distribution1 and widespread use of water data and information for water management1 education1 research1 assessment1 and monitoring purposes4 7c7 ,purposes ,the purposes of the system are-- 7#a7 to advance the quantification of the availability1 use of1 and risks to1 water resources throughout the ,united ,states2 7#b7 to increase accessibility to1 and expand the use of1 water data and information in a standard1 easy-to-use format by ,federal1 ,state1 local1 and tribal governments1 communities1 educational institutions1 and the private sector2 and 7#c7 to facilitate the open exchange of water information particularly in the face of climate change and unprecedented drought4 7d7 ,activities ,in carrying out this section1 the ,secretary shall-- 7#a7 integrate water data and information into a interoperable1 national1 geospatially referenced water data framework2 7#b7 identify new water data and information needs1 including data on surface and groundwater quality and quantity1 sediment1 erosion1 transport1 water chemistry1 precipitation1 reservoir storage1 water cycle1 landscape variables1 hydrography1 climate and weather impacts1 soil moisture1 and human use2 7#c7 leverage existing shared databases1 infrastructure1 and tools to provide a platform for water data and information innovation1 modeling and data sharing1 and solution development2 7#d7 support water data and information sharing1 applied research1 and educational programs of ,state1 local1 and tribal governments1 communities1 educational institutions1 and the private sector2 and 7#e7 promote cooperation and sharing of expertise regarding water data and information among ,state1 local1 and tribal governments1 communities1 educational institutions1 and the private sector4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #d1jjj1jjj for each fiscal year from #bjaf through #bjbj4 ,,iv ,federal support for ,state and local drought resiliency projects ,a ,reclamation ,infrastructure ,finance and ,innovation ,act #dja4 ,purposes ,the purposes of this subtitle are-- 7#a7 to promote increased development of critical water resources infrastructure by establishing additional opportunities for financing water resources projects2 7#b7 to attract new investment capital to infrastructure projects that are capable of generating revenue streams through user fees or other dedicated funding sources2 7#c7 to complement existing ,federal funding sources and address budgetary constraints on ,bureau of ,reclamation programs2 and 7#d7 to leverage private investment in water resources infrastructure4 #djb4 ,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 ,state1 or local governmental entity1 agency1 or instrumentality2 and 7,f7 a conservancy district1 irrigation district1 canal company1 mutual water company1 water users' association1 ,indian tribe1 agency created by interstate compact1 or any other entity that has the capacity to contract with the ,united ,states under the reclamation laws4 7#b7 ,federal credit instrument ,the term ,federal credit instrument means a secured loan or loan guarantee authorized to be made available under this title with respect to a project4 7#c7 ,investment-grade rating ,the term investment-grade rating means a rating of ,,bbb minus1 ,baa#c1 bbb minus1 ,,bbb 7low71 or higher as assigned by a rating agency to project obligations44 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 of the ,interior to pay all or part of the principal of1 and interest on1 a loan or other debt obligation issued by an obligor and funded by a lender4 7#f7 ,obligor ,the term obligor means an eligible entity that is primarily liable for payment of the principal of1 or interest on1 a ,federal credit instrument4 7#g7 ,project obligation 7,a7 ,in general ,the term project obligation means any note1 bond1 debenture1 or other debt obligation issued by an obligor in connection with the financing of a project4 7,b7 ,exclusion ,the term project obligation does not include a ,federal credit instrument4 7#h7 ,rating agency ,the term rating agency means a credit rating agency registered with the ,securities and ,exchange ,commission as a nationally recognized statistical rating organization 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a774 7#i7 ,reclamation ,state ,the term ,reclamation ,state means any of the ,states of-- 7,a7 ,arizona2 7,b7 ,california2 7,c7 ,colorado2 7,d7 ,idaho2 7,e7 ,kansas2 7,f7 ,montana2 7,g7 ,nebraska2 7,h7 ,nevada2 7,i7 ,new ,mexico2 7,j7 ,north ,dakota2 7,k7 ,oklahoma2 7,l7 ,oregon2 7,m7 ,south ,dakota2 7,n7 ,texas2 7,o7 ,utah2 7,p7 ,washington2 and 7,q7 ,wyoming4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aa7 ,secured loan ,the term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the ,secretary in connection with the financing of a project under subtitle ,a4 7#ab7 ,subsidy amount ,the term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the ,federal ,government of a ,federal credit instrument1 as calculated on a net present value basis1 excluding administrative costs and any incidental effects on ,governmental receipts or outlays in accordance with the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq474 7#ac7 ,substantial completion ,the term substantial completion1 with respect to a project1 means the earliest date on which a project is considered to perform the functions for which the project is designed4 #djc4 ,authority to provide assistance ,the ,secretary may provide financial assistance under this subtitle to carry out projects within-- 7#a7 any ,reclamation ,state2 7#b7 any other ,state in which the ,bureau of ,reclamation is authorized to provide project assistance2 and 7#c7 the ,states of ,alaska and ,hawaii4 #djd4 ,applications ,to be eligible to receive assistance under this subtitle1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 #dje4 ,eligibility for assistance 7a7 ,eligible projects ,the following non-,federal projects may be carried out using assistance made available under this subtitle3 7#a7 ,a project for the reclamation and reuse of municipal1 industrial1 domestic1 and agricultural wastewater1 and naturally impaired ground and surface waters1 which-- 7,a7 has a completed feasibility study that complies with ,reclamation standards2 and 7,b7 the ,secretary1 acting through the ,commissioner of ,reclamation1 is authorized to undertake4 7#b7 ,any water infrastructure project not specifically authorized by law the ,secretary determines would contribute to a safe1 adequate water supply for domestic1 agricultural1 environmental1 or municipal and industrial use4 7#c7 ,a new water infrastructure facility project1 including a water conduit1 pipeline1 canal1 pumping1 power1 and associated facilities4 7#d7 ,a project for accelerated repair and replacement of an aging water distribution facility4 7#e7 ,a brackish or sea water desalination project4 7#f7 ,a combination of projects1 each of which is eligible under paragraphs 7#a7 through 7#e71 for which an eligible entity or group of eligible entities submits a single application4 7b7 ,activities eligible for assistance ,for purposes of this subtitle1 an eligible activity with respect to an eligible project under subsection 7a7 includes the cost of-- 7#a7 development-phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 permitting1 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 and 7#e7 refinancing interim construction funding1 existing long-term project obligations1 or a secured loan or loan guarantee made under this subtitle4 #djf4 ,determination of eligibility and project selection 7a7 ,eligibility requirements ,to be eligible to receive financial assistance under this subtitle1 a project shall meet the following criteria1 as determined by the ,secretary3 7#a7 ,creditworthiness 7,a7 ,in general ,subject to subparagraph 7,b71 the project shall be creditworthy1 as determined by the ,secretary1 who shall ensure that any financing for the project has appropriate security features1 such as a rate covenant1 to ensure repayment4 7,b7 ,preliminary rating opinion letter ,the ,secretary shall require each applicant to provide a preliminary rating opinion letter from at least #a rating agency indicating that the senior obligations of the project 7which may be the ,federal credit instrument7 have the potential to achieve an investment-grade rating4 7#b7 ,eligible project costs ,the eligible project costs of a project shall be reasonably anticipated to be not less than #bj1jjj1jjj4 7#c7 ,dedicated revenue sources ,the ,federal credit instrument for the project shall be repayable1 in whole or in part1 from dedicated revenue sources that also secure the project obligations4 7#d7 ,public sponsorship of private entities ,in the case of a project carried out by an entity that is not a ,state or local government or an agency or instrumentality of a ,state or local government1 the project shall be publicly sponsored4 7b7 ,selection criteria 7#a7 ,establishment ,the ,secretary shall establish criteria for the selection of projects that meet the eligibility requirements of subsection 7a71 in accordance with paragraph 7#b74 7#b7 ,criteria ,the selection criteria shall include the following3 7,a7 ,the extent to which a project serves a region with significant water resources challenges4 7,b7 ,the extent to which the project is nationally or regionally significant4 7,c7 ,the extent to which assistance under this section would foster innovative public-private partnerships and attract private debt or equity investment4 7,d7 ,the extent to which the project fosters-- 7i7 collaborative partnerships between cities1 counties1 water districts1 and ,state and ,federal agencies2 and 7ii7 innovative recycling programs that augment a combination of industrial1 commercial1 residential1 and agricultural uses4 7,e7 ,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,f7 ,the amount of budget authority required to fund the ,federal credit instrument made available under this subtitle4 7,g7 ,the extent to which the project helps maintain or protect the environment4 7#c7 ,consistency of criteria ,not later than #ahj days after the enactment of this ,act1 the ,secretary shall issue eligibility requirements under title ,,iv of this ,act for water recycling projects that reclaim and reuse municipal1 industrial1 domestic1 or agricultural wastewater or impaired ground or surface waters4 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 subtitle and shall not be counted towards any ,federal cost-share requirements otherwise applicable to a project eligible for assistance under this subtitle4 #djg4 ,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 #djf2 7,b7 to refinance interim construction financing of eligible project costs of any project selected under section #djf2 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 #djf2 or 7ii7 otherwise meets the requirements of section #djf4 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 #djf7;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 ,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#c7 ,maximum amount ,the amount of a secured loan under this section shall not exceed the lesser of-- 7,a7 an amount equal to #di percent of the reasonably anticipated eligible project costs2 and 7,b7 if the secured loan does not receive an investment-grade rating1 an amount equal to other project obligations that have received an investment-grade rating4 7#d7 ,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#e7 ,interest rate ,the interest rate on a secured loan under this section shall be not less 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 agreement4 7#f7 ,maturity date ,the final maturity date of a secured loan under this section shall be not later than #ce years after the date of substantial completion of the relevant project4 7#g7 ,fees ,the ,secretary may establish fees1 in accordance with section #djh7;b77#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 7#i7 ,maximum ,federal involvement ,the total amount of ,federal assistance provided for a project for which assistance is provided under this subtitle from all sources 7including this subtitle7 shall not exceed #hj percent of the total cost of the project4 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 project1 with interest accruing during those #e years and during construction4 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#e7 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 #djh4 ,program administration 7a7 ,requirement ,the ,secretary shall establish a uniform system to service the ,federal credit instruments made available under this subtitle4 7b7 ,reclamation ,loan ,finance ,capital ,reserve ,fund 7#a7 ,establishment 7,a7 ,in general ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,reclamation ,loan ,finance ,capital ,reserve ,fund4 7,b7 ,deposits to fund ,the ,secretary of the ,treasury shall deposit in the fund established by subparagraph 7,a7 an amount equal to the amount of capital reserve fees collected under paragraph 7#b7 for each applicable fiscal year4 7,c7 ,treatment ,the amounts deposited in the fund under subparagraph 7,b7 shall be credited as offsetting collections4 7#b7 ,capital reserve fees 7,a7 ,in general ,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 all or a portion of the costs to the ,federal ,government of servicing the ,federal credit instruments provided under this subtitle1 including all or a portion of the outlays associated with the provision of the ,federal credit instruments under this subtitle4 7,b7 ,amount ,the capital reserve fees under this paragraph 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 subtitle4 7c7 ,servicer 7#a7 ,in general ,the ,secretary may appoint a financial entity to assist the ,secretary in servicing the ,federal credit instruments provided under this subtitle4 7#b7 ,duties ,a servicer appointed under paragraph 7#a7 shall act as the agent for the ,secretary4 7#c7 ,fee ,a servicer appointed under paragraph 7#a7 shall receive a servicing fee1 subject to approval by the ,secretary4 #dji4 ,state and local permits 7a7 ,establishment 7#a7 ,assumption of responsibility 7,a7 ,in general ,subject to this section1 the ,secretary and the ,state may enter into a written agreement1 which may be in the form of a memorandum of understanding1 under which the ,secretary may designate the ,state as lead agency for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,procedural and substantive requirements ,if designated as the lead agency under subparagraph 7,a71 the ,state shall assume responsibility under this section1 subject to the same procedural and substantive requirements that would apply if that responsibility were carried out by the ,secretary4 7#b7 ,preservation of ,federal responsibility and authority 7,a7 ,federal responsibility ,any responsibility of the ,secretary not explicitly assumed by the ,state by written agreement under this section shall remain the responsibility of the ,secretary4 7,b7 ,no effect on authority ,nothing in this section preempts or interferes with any power1 jurisdiction1 responsibility1 or authority of an agency1 other than the ,department of the ,interior1 under applicable law 7including regulations7 with respect to a project4 7#c7 ,preservation of flexibility ,the ,secretary may not require a ,state1 as a condition of participation and assuming lead agency status in the program1 to forego project delivery methods that are otherwise permissible for projects4 7b7 ,state participation 7#a7 ,participating ,states ,the ,secretary shall permit the ,state1 and not more than #d additional ,states1 to participate in the program under this section1 subject to the limitations described in paragraph 7#d74 7#b7 ,application ,not later than #bgj days after the date of enactment of this ,act1 the ,secretary shall amend1 as appropriate1 regulations that establish requirements relating to information required to be contained in an application of a ,state to participate in the program and to assume lead agency status1 including1 at a minimum-- 7,a7 the projects or classes of projects for which the ,state anticipates exercising the authority that may be granted under the program2 7,b7 verification of the financial1 regulatory1 and enforcement resources necessary to carry out the authority that may be granted under the program2 and 7,c7 evidence of the notice and solicitation of public comment by the ,state relating to participation of the ,state in the program1 including copies of comments received from that solicitation4 7#c7 ,public notice 7,a7 ,in general ,the ,state that submits an application under this subsection shall give notice of the intent of the ,state to participate in the program not later than #cj days before the date of submission of the application4 7,b7 ,method of notice and solicitation ,the ,state shall provide notice and solicit public comment under this paragraph by publishing the complete application of the ,state in accordance with the appropriate public notice ,state law4 7#d7 ,selection criteria ,the ,secretary may approve the application of a ,state under this section only if-- 7,a7 the regulatory requirements of paragraph 7#b7 have been met2 7,b7 the ,secretary determines that the ,state has the capability1 including financial1 regulatory1 enforcement1 and personnel1 to assume the responsibility of a lead agency for the project2 and 7,c7 the head of the ,state agency with primary jurisdiction over water infrastructure matters enters into a written agreement with the ,secretary described in subsection 7c74 7c7 ,written agreement ,a written agreement under this section shall-- 7#a7 be executed by the ,governor or the top ranking water infrastructure official in the ,state who is charged with responsibility for water infrastructure construction2 7#b7 be in such form as the ,secretary may prescribe2 7#c7 provide that the ,state-- 7,a7 agrees to assume all or part of the responsibilities of the ,secretary described in subsection 7a71 including all responsibilities as a lead agency2 7,b7 expressly consents1 on behalf of the ,state1 to accept the jurisdiction of the ,federal courts for the compliance1 discharge1 and enforcement of any responsibility of the ,secretary assumed by the ,state2 7,c7 certifies that ,state laws 7including regulations7 are in effect that authorize the ,state to take the actions necessary to carry out the responsibilities being assumed2 and 7,d7 agrees to maintain the financial resources necessary to carry out the responsibilities being assumed2 7#d7 require the ,state to provide to the ,secretary any information that the ,secretary considers necessary to ensure that the ,state is adequately carrying out the responsibilities assigned to the ,state2 7#e7 have a term of not more than #e years2 and 7#f7 be renewable4 7d7 ,jurisdiction 7#a7 ,in general ,the ,united ,states district courts shall have exclusive jurisdiction over any civil action against a ,state for failure to carry out any responsibility of the ,state under this section4 7#b7 ,legal standards and requirements ,a civil action under paragraph 7#a7 shall be governed by the legal standards and requirements that would apply in such a civil action against the ,secretary if the ,secretary had taken the actions in question4 7#c7 ,intervention ,the ,secretary shall have the right to intervene in any action described in paragraph 7#a74 7e7 ,effect of assumption of responsibility ,a ,state that assumes responsibility under subsection 7a77#b7 shall be solely responsible and solely liable for carrying out1 in lieu of the ,secretary1 the responsibilities assumed under subsection 7a71 until the program is terminated as provided in subsection 7h74 7f7 ,audits 7#a7 ,in general ,to ensure compliance by a ,state with any agreement of the ,state under subsection 7c7 7including compliance by the ,state with all ,federal laws for which responsibility is assumed under subsection 7a77#b771 for each ,state participating in the program under this section1 the ,secretary shall conduct-- 7,a7 semiannual audits during each of the first #b years of ,state participation2 and 7,b7 annual audits during of the third and fourth years of ,state participation4 7#b7 ,public availability and comment 7,a7 ,in general ,an audit conducted under paragraph 7#a7 shall be provided to the public for comment4 7,b7 ,response ,not later than #fj days after the date on which the period for public comment ends1 the ,secretary shall respond to public comments received under subparagraph 7,a74 7g7 ,monitoring ,after the fourth year of the participation of a ,state in the program1 the ,secretary shall monitor compliance by the ,state with the written agreement1 including the provision by the ,state of financial resources to carry out the written agreement4 7h7 ,termination 7#a7 ,termination by ,secretary ,the ,secretary may terminate the participation of any ,state in the program if-- 7,a7 the ,secretary determines that the ,state is not adequately carrying out the responsibilities assigned to the ,state2 7,b7 the ,secretary provides to the ,state-- 7i7 notification of the determination of noncompliance2 and 7ii7 a period of at least #cj days during which to take such corrective action as the ,secretary determines is necessary to comply with the applicable agreement2 and 7,c7 the ,state1 after the notification and period provided under subparagraph 7,b71 fails to take satisfactory corrective action1 as determined by ,secretary4 7#b7 ,termination by ,state ,the ,state may terminate the participation of the ,state in the program at any time by providing to the ,secretary a notice by not later than the date that is #ij days before the date of termination1 and subject to such terms and conditions as the ,secretary may provide4 7i7 ,limitations on agreements ,nothing in this section or program-- 7#a7 authorizes a ,state to assume any rulemaking authority of the ,secretary under any ,federal law2 7#b7 relieves any recipient of the assistance of any obligation to obtain any other required ,state or local permit or approval with respect to the project2 7#c7 limits 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#d7 otherwise supersedes any ,state or local law 7including any regulation7 applicable to the construction or operation of the project4 #daj4 ,regulations ,the ,secretary may promulgate such regulations as the ,secretary determines to be appropriate to carry out this subtitle4 #daa4 ,funding 7a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out this subtitle #bjj1jjj1jjj through fiscal year #bjbj1 to remain available until expended4 7b7 ,offset required ,no funds made available under this section may be used to provide financial assistance under this subtitle unless sufficient funds have been appropriated to offset any decrease in ,federal revenue resulting from the use by any unit of ,state or local government of proceeds of any obligation-- 7#a7 the interest on which is exempt from the tax imposed under chapter #a of the ,internal ,revenue ,code of #aihf2 or 7#b7 with respect to which credit is allowable under subpart ,i or ,j of part ,,iv of subchapter ,a of chapter #a of that ,code4 7c7 ,administrative costs ,of the funds made available to carry out this subtitle1 the ,secretary may use for the administration of this subtitle not more than #b1bjj1jjj for each of fiscal years #bjaf through #bjbj4 #dab4 ,deauthorization of inactive projects 7a7 ,purposes2 definitions 7#a7 ,purposes ,the purposes of this section are-- 7,a7 to establish an efficient and transparent process for deauthorizing projects and programs that have failed to receive a minimum level of investment to ensure active projects can move forward while reducing the backlog of authorized projects2 7,b7 to create an expedited and definitive process to deauthorize water resources development programs and projects2 7,c7 to allow the continued authorization of water resources development programs and projects that are viable for construction2 and 7,d7 to establish a process for identifying authorized reclamation projects that are no longer-- 7i7 in the ,federal interest2 or 7ii7 feasible4 7#b7 ,definitions ,in this section3 7,a7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7,b7 ,water resources development program or project ,the term water resources development program or project includes any water and related resource project or program of the ,bureau of ,reclamation4 7b7 ,comprehensive reports 7#a7 ,minimum funding list ,not later than #ahj days after the date of enactment of this ,act1 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 ,representatives1 and make available on a publicly accessible ,internet website in a manner that is downloadable1 searchable1 and sortable1 a list of-- 7,a7 projects or separable elements of projects authorized for construction for which funding has been obligated during the current fiscal year or any of the #e preceding fiscal years2 7,b7 the amount of funding obligated for each such project or separable element per fiscal year2 7,c7 the current phase of each such project or separable element2 and 7,d7 the amount required to complete the current phase of each such project or separable element4 7#b7 ,backlog report ,together with the report under paragraph 7#a71 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 ,representatives1 and make available on a publicly accessible ,internet website in a manner that is downloadable1 searchable1 and sortable1 a list of-- 7,a7 projects or separable elements that are authorized for construction but have not been completed2 7,b7 the date of authorization of the project or separable element1 including any subsequent modifications to the original authorization2 7,c7 the original budget authority for the project or separable element2 7,d7 a brief description of the project or separable element2 7,e7 the estimated date of completion of the project or separable element2 7,f7 the estimated cost of completion of the project or separable element2 and 7,g7 any amounts appropriated for the project or separable element that remain unobligated4 7c7 ,interim deauthorization list 7#a7 ,in general ,the ,secretary shall develop an interim deauthorization list that identifies each water resources development program or project1 or separable element of a program or project1 authorized for construction before ,march #cj1 #bjji1 for which-- 7,a7 construction was not initiated before the date of enactment of this ,act2 or 7,b7 construction was initiated before the date of enactment of this ,act1 but for which no ,federal or non-,federal funds were obligated for construction of the program1 project1 or separable element of the program or project during the current fiscal year or any of the #f preceding fiscal years4 7#b7 ,public comment and consultation 7,a7 ,in general ,the ,secretary shall solicit comments from the public and the ,governors of each applicable ,state on the interim deauthorization list developed under paragraph 7#a74 7,b7 ,comment period ,the public comment period shall be #ij days4 7#c7 ,submission to ,congress2 publication ,not later than #ij days after the date of submission of the list required by subsection 7b71 the ,secretary shall-- 7,a7 submit the interim deauthorization list to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,b7 publish the interim deauthorization list in the ,federal ,register4 7d7 ,final deauthorization list 7#a7 ,in general ,the ,secretary shall develop a final deauthorization list of each water resources development program or project1 or separable element of a program or project1 described in subsection 7c77#a7 that is identified pursuant to this subsection4 7#b7 ,identification of projects 7,a7 ,criteria for inclusion 7i7 ,in general ,the ,secretary shall identify programs1 projects1 and separable elements of programs and projects for inclusion on the final deauthorization list that may no longer be viable for construction4 7ii7 ,factors to consider ,the ,secretary may identify programs1 projects1 and separable elements of programs and projects for exclusion from the final deauthorization list if the ,secretary determines1 on a case-by-case basis1 that a project or separable element of a project is critical for interests of the ,united ,states1 based on the possible impact of the project or separable element of the project on public health and safety1 the national economy1 or the environment4 7iii7 ,consideration of public comments ,in making determinations under clauses 7i7 and 7ii71 the ,secretary shall consider any comments received under subsection 7c77#c74 7,b7 ,appendix ,the ,secretary shall include as part of the final deauthorization list an appendix that-- 7i7 identifies each program1 project1 and separable element of a program or project on the interim deauthorization list developed under subsection 7c7 that is not included on the final deauthorization list2 and 7ii7 describes the reasons why the program1 project1 or separable element is not included4 7#c7 ,submission to ,congress2 publication ,not later than #abj days after the date on which the public comment period under subsection 7c77#c7 expires1 the ,secretary shall-- 7,a7 submit the final deauthorization list and the appendix to the final deauthorization list to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,b7 publish the final deauthorization list and the appendix to the final deauthorization list in the ,federal ,register4 7e7 ,deauthorization2 congressional review 7#a7 ,in general ,subject to paragraph 7#b71 after the date that is #ahj days after the date of submission of the final deauthorization report under subsection 7d71 a program1 project1 or separable element of a program or project identified in the report is deauthorized1 unless ,congress passes a joint resolution disapproving the final deauthorization report prior to the end of that period4 7#b7 ,non-,federal contributions ,a program1 project1 or separable element of a program or project identified in the final deauthorization report under subsection 7d7 shall not be deauthorized under this subsection if1 before the expiration of the #ahj-;day period referred to in paragraph 7#a71 the non-,federal interest of the program1 project1 or separable element of the project provides sufficient funds to complete the program1 project1 or separable element of the project4 7f7 ,treatment of project modifications ,for purposes of this section1 if an authorized water resources development program1 project1 or separable element of the program or project has been modified by an ,act of ,congress1 the date of authorization of the program1 project1 or separable element shall be deemed to be the date of the most recent modification4 ,b ,expansion of water storage1 integrated regional water management1 and ,water,s,m,a,r,t #dba4 ,water storage1 integrated regional water management1 reclamation1 and recycling projects 7a7 ,findings ,congress finds that-- 7#a7 the ,state is currently experiencing an historic drought that has not been witnessed in over #ajj years of recorded history1 and funding will allow the ,bureau of ,reclamation to better respond to and mitigate the potential impacts of extended drought and long-term sustainability challenges2 7#b7 since ,water,s,m,a,r,t was established in #bjaj1 the program has provided approximately #bej1jjj1jjj in competitively awarded funding to non-,federal partners1 including ,indian tribes1 water districts1 municipalities1 and institutions of higher education1 which investments have conserved enough water to meet the needs of more than #c1hjj1jjj individuals1 allowing every acre-foot of water conserved to be made available for other uses2 and 7#c7 activities funded under ,water,s,m,a,r,t include those critical to meeting the ,priority ,goal for ,climate ,change of the ,department of the ,interior1 which includes climate risk assessment activities and related efforts that ensure sustainable water supplies in the western ,united ,states4 7b7 ,amendment ,section #iejd of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfh7 is amended-- 7#a7 by redesignating subsections 7c7 through 7e7 as subsections 7d7 through 7f71 respectively2 7#b7 by inserting after subsection 7b7 the following3 7c7 ,water storage1 integrated regional water management1 reclamation1 and recycling projects 7#a7 ,in general ,the ,secretary is authorized to enter into cost shared financial assistance and other long-term agreements with non-,federal participants in ,reclamation ,states 7as defined in section #djb of the ,california ,emergency ,drought ,relief ,act of #bjae7 and the ,states of ,hawaii and ,alaska to advance the planning1 design1 and construction of non-,federal permanent water storage and conveyance facilities1 projects for the reclamation and reuse of municipal1 industrial1 domestic and agricultural wastewater1 and naturally impaired ground and surface waters1 and other water management improvement projects for which the ,secretary is authorized under this subtitle to assist an applicant in the planning1 design1 and construction4 7#b7 ,priority ,in providing financial assistance under this section1 the ,secretary shall give priority to storage1 conveyance1 and water management improvement projects that-- 7,a7 ensure the efficient and beneficial use of water or reuse of recycled water2 7,b7 use integrated and coordinated water management on a watershed or regional scale2 7,c7 increase the availability of usable water supplies in a watershed or region to benefit individuals1 the economy1 and the environment and include adaptive measures needed to address climate change and future demands2 7,d7 where practicable1 provide flood control or recreation benefits and include the development of incremental hydroelectric power generation2 7,e7 include partnerships that go beyond political and institutional jurisdictions to support the efficient use of the limited water resources of a region and the ,united ,states2 and 7,f7 generate environmental benefits1 such as benefits to fisheries1 wildlife and habitat1 water quality1 water-dependent ecological systems1 and water supply benefits to agricultural and urban water users4 7#c7 ,federal cost share ,the ,federal share of the cost of a project authorized under subsection 7a7 shall be-- 7,a7 an amount equal to the lesser of-- 7i7 #be percent of total costs2 and 7ii7 #bj1jjj1jjj 7adjusted for inflation72 and 7,b7 nonreimbursable4 7#d7 ,in-kind contributions ,the non-,federal share of the cost of a project authorized under subsection 7a7 may include in-kind contributions to the planning1 design1 and construction of a project4 7#e7 ,title2 operation and maintenance costs ,the non-,federal entity entering into a financial assistance agreement under this subsection shall hold title to any and all facilities constructed under this section1 and shall be solely responsible for the costs of operating and maintaining such facilities4 2 and 7#c7 in subsection 7f7 7as redesignated by paragraph 7#a771 by striking #cjj1jjj1jjj and inserting #djj1jjj1jjj4 ,c ,water recycling eligibility #dca4 ,new water recycling and reuse projects ,section #afjb of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7 is amended by adding at the end the following3 7e7 ,authorization of new water recycling and reuse projects 7#a7 ,in general ,a non-,federal interest may submit to the ,secretary proposals for eligible projects in the form of completed feasibility studies4 7#b7 ,eligible projects ,a project shall be considered eligible for consideration under this subsection if the project reclaims and reuses-- 7,a7 municipal1 industrial1 domestic1 or agricultural wastewater2 or 7,b7 impaired ground or surface waters4 7#c7 ,guidelines 7,a7 ,in general ,not later than #ij days after the date of enactment of this subsection1 the ,secretary shall issue water recycling project solicitation and evaluation guidelines that include the criteria listed in subsection 7f77#b74 7,b7 ,review ,consistent with the priorities described in section #cja of the ,california ,emergency ,drought ,relief ,act of #bjae1 the ,secretary shall review each feasibility study received under paragraph 7#a7 for the purpose of determining whether the study1 and the process under which the study was developed1 comply with ,federal laws and regulations applicable to feasibility studies of water recycling and reuse projects4 7f7 ,competitive grant funding of water recycling and reuse projects 7#a7 ,establishment ,the ,secretary shall establish a competitive grant program under which the non-,federal project sponsor of any project determined by the ,secretary to be feasible under subsection 7e77#b7 shall be eligible to apply for funding for the planning1 design1 and construction of the project4 7#b7 ,priority ,when funding projects under paragraph 7#a71 the ,secretary shall give funding priority to projects that meet #a or more of the criteria listed in paragraph 7#c7 and are located in an area that at any time in the #aj-year period before such funds are made available-- 7,a7 has been identified by the ,united ,states ,drought ,monitor as experiencing severe1 extreme1 or exceptional drought2 or 7,b7 was designated as a disaster area by a ,state4 7#c7 ,criteria ,the project criteria referred to in paragraph 7#b7 are as follows3 7,a7 ,projects that are likely-- 7i7 to provide a more reliable water supply2 and 7ii7 to protect1 restore1 or enhance aquatic ecosystems including estuaries1 groundwater basins1 and rivers and streams and tributaries4 7,b7 ,projects that are likely to increase water management flexibility and reduce impacts on environmental resources4 7,c7 ,projects that are regional in scale or are included in integrated regional water management plans4 7,d7 ,projects that use integrated and coordinated water management on a watershed or regional scale4 7,e7 ,projects that provide multiple benefits1 including improved water supply reliability for urban and agricultural water users1 ecosystem benefits1 such as benefits to fisheries1 wildlife and habitat1 water quality1 groundwater management1 and water quality improvements4 7,f7 ,projects for which a feasibility study has been completed and any necessary environmental or public reviews have been initiated4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #bjj1jjj1jjj through fiscal year #bjbj4 4 ,d ,federal ,support for ,state and ,local ,drought ,solutions ,fund #dda4 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,federal ,support for ,state and ,local ,drought ,solutions ,fund 7referred to in this subtitle as the ,fund71 consisting of-- 7#a7 such amounts as are deposited in the ,fund under section #ddc2 and 7#b7 any interest earned on investment of amounts in the ,fund under section #dde4 #ddb4 ,accounts ,within the ,fund1 there are established the following accounts3 7#a7 ,the ,federal ,assistance to ,state and ,local ,storage ,project ,account1 for expenditure on projects with a maximum #be-percent ,federal cost share authorized under section #cja7;c74 7#b7 ,the ,reclamation ,infrastructure ,finance and ,innovation ,account1 for expenditure on ,federal loan guarantees authorized under subtitle ,a4 #ddc4 ,deposits to ,fund 7a7 ,in general ,for each of fiscal years #bjbf through #bjej1 the ,secretary of the ,treasury shall deposit in the ,fund #aej1jjj1jjj of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 of which-- 7#a7 #ge1jjj1jjj for each of those fiscal years shall be deposited in the ,federal ,assistance to ,state and ,local ,storage ,project ,account established by section #ddb7a72 7#b7 #dj1jjj1jjj for each of those fiscal years shall be used to fund projects pursuant to section #afjb of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h72 and 7#c7 #ce1jjj1jjj for each of the fiscal years shall be deposited in the ,reclamation ,infrastructure ,finance and ,innovation ,account established by section #ddb7b74 7b7 ,availability of amounts ,amounts deposited in the ,fund under this subtitle shall-- 7#a7 be made available in accordance with this section1 without further appropriation2 and 7#b7 be in addition to amounts appropriated for such purposes under any other provision of law4 #ddd4 ,expenditures from ,fund 7a7 ,in general ,subject to subsection 7b71 for each of fiscal years #bjbf through #bjej1 the ,secretary of the ,interior may expend from the ,fund1 in accordance with this subtitle1 not more than an amount equal to the sum of-- 7#a7 the amounts deposited in the ,fund that year under section #ddc2 and 7#b7 the amount of interest accrued in the ,fund in each account for the fiscal year in which the expenditures are made1 with the interest accrued in each account used only for expenditures from that account4 7b7 ,additional expenditures 7#a7 ,in general ,the ,secretary may expend more in any fiscal year than the amounts described in subsection 7a7 if the additional amounts are available in the ,fund as a result of a failure of the ,secretary to expend all of the amounts available under subsection 7a7 in #a or more prior fiscal years4 7#b7 ,retention in accounts ,any additional amounts referred to in paragraph 7#a7 shall-- 7,a7 be retained within the account to which the amounts were designated2 7,b7 accrue interest for the designated account in accordance with this subtitle2 and 7,c7 only be expended for the purposes for which expenditures from the designated accounts are authorized4 #dde4 ,investments of amounts 7a7 ,in general ,the ,secretary shall invest such portion of the ,fund as is not1 in the judgment of the ,secretary1 required to meet current withdrawals4 7b7 ,credits to fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to1 and form a part of1 the ,fund4 #ddf4 ,transfers of amounts 7a7 ,in general ,the amounts required to be transferred to the ,fund under this subtitle shall be transferred at least monthly from the general fund of the ,treasury to the ,fund on the basis of estimates made by the ,secretary of the ,treasury4 7b7 ,adjustments ,proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or less than the amounts required to be transferred4 #ddg4 ,termination ,on ,september #cj1 #bjej-- 7#a7 the ,fund shall terminate2 and 7#b7 the unexpended and unobligated balance of the ,fund shall be transferred to the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74