,,ii #aaeth ,,congress #b;d ,session ,s4 #befc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ae1 #bjah ,mr4 ,flake 7for himself1 ,mr4 ,mc,cain1 ,mr4 ,gardner1 and ,mr4 ,barrasso7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to improve the water supply and drought resilience of the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,water ,supply ,infrastructure and ,drought ,resilience ,act of #bjah4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,water ,supply ,infrastructure ,subtitle ,a--,water ,supply ,permitting ,coordination ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,establishment of lead coordinating agency and participating agencies4 ,sec4 #ajc4 ,bureau responsibilities4 ,sec4 #ajd4 ,participating agency responsibilities4 ,sec4 #aje4 ,funding to process permits4 ,subtitle ,b--,modifications of ,existing ,programs ,sec4 #aaa4 ,water,s,m,a,r,t4 ,sec4 #aab4 ,grants and cooperative agreements with ,indian tribes and organizations4,sec4 #aac4 ,cooperative watershed management program4 ,subtitle ,c--,bureau of ,reclamation ,transparency ,sec4 #aba4 ,definitions4 ,sec4 #abb4 ,asset management report enhancements for reserved works4 ,sec4 #abc4 ,asset management report enhancements for transferred works4 ,,title ,,ii--,water ,management ,improvement,subtitle ,a--,review of ,flood ,control ,rule ,curves ,pilot ,project,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,establishment of pilot project4,sec4 #bjc4 ,selection of eligible works4,sec4 #bjd4 ,adjustment of flood control rule4,sec4 #bje4 ,consultation4,sec4 #bjf4 ,funding4,sec4 #bjg4 ,effect4,sec4 #bjh4 ,termination4,subtitle ,b--,aquifer ,recharge ,augmentation,sec4 #baa4 ,definitions4,sec4 #bab4 ,rescheduling of water for aquifer recharge4,sec4 #bac4 ,flexibility to allow greater aquifer recharge4,sec4 #bad4 ,use of public land for aquifer recharge4 ,,title ,,iii--,water ,supply ,certainty ,subtitle ,a--,water ,rights ,protection ,sec4 #cja4 ,definitions4 ,sec4 #cjb4 ,treatment of water rights4 ,sec4 #cjc4 ,policy development4 ,sec4 #cjd4 ,effect4 ,subtitle ,b--,permits for ,water ,transfers ,sec4 #caa4 ,permits for water transfers4 ,subtitle ,c--,endangered ,fish ,recovery ,programs ,sec4 #cba4 ,extension of authorization to use ,upper ,colorado ,river ,basin ,fund revenues for annual base funding of fish recovery programs2 removal of certain reporting requirement4 ,sec4 #cbb4 ,report on ,recovery ,implementation ,programs4 #b4 ,definitions ,in this ,act3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,reclamation4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,bureau4 7#c7 ,reclamation facility ,the term ,reclamation facility means each of the infrastructure assets that are owned by the ,bureau at a ,reclamation project4 7#d7 ,reclamation project ,the term ,reclamation project means any reclamation or irrigation project1 including incidental features thereof1 authorized by ,federal reclamation law1 or constructed by the ,united ,states pursuant to such law1 or in connection with which there is a repayment or water service contract executed by the ,united ,states pursuant to such law1 or any project constructed by the ,secretary through the ,bureau of ,reclamation for the reclamation of lands4 7#e7 ,reserved works ,the term reserved works means any building1 structure1 facility1 or equipment-- 7,a7 that is owned by the ,bureau2 and 7,b7 for which operations and maintenance are performed1 regardless of the source of funding-- 7i7 by an employee of the ,bureau2 or 7ii7 through a contract entered into by the ,commissioner4 7#f7 ,responsible party ,the term responsible party means-- 7,a7 with respect to a reserved works-- 7i7 a non-,federal water user or power contractor that has an active repayment1 water service1 or power service contract with the ,bureau2 7ii7 a power contractor that has an active contract with a ,federal power marketing administration for energy1 capacity1 or both from a hydropower facility owned by the ,bureau2 or 7iii7 a non-,federal operating entity1 such as a joint powers authority or ,board of ,control1 that has assumed responsibility on behalf of multiple water users1 through a contract with the ,bureau1 for the operation and maintenance of the reserved works2 and 7,b7 with respect to a transferred works1 the operating entity of the transferred works4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#h7 ,transferred works ,the term transferred works means a ,reclamation facility at which operations and maintenance of the facility is carried out by a non-,federal entity under the provisions of a formal operations and maintenance transfer contract or other legal agreement with the ,bureau4 ,i ,water ,supply ,infrastructure ,a ,water ,supply ,permitting ,coordination #aja4 ,definitions ,in this subtitle3 7#a7 ,cooperating agency ,the term cooperating agency has the meaning given the term in section #aejh4e of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,participating agency ,the term participating agency means-- 7,a7 a ,federal agency with jurisdiction over a review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision required for a qualifying project under applicable ,federal law2 or 7,b7 a ,state agency or an ,indian ,tribe subject to section #ajb7;c74 7#c7 ,project sponsor ,the term project sponsor means an entity 7including any private1 public1 or public-private entity7 seeking an authorization for a qualifying project4 7#d7 ,qualifying project 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term qualifying project means a new surface water storage project in the ,united ,states covered under the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq47 constructed on land administered by the ,department of the ,interior or the ,department of ,agriculture1 exclusive of any easement1 right-of-way1 lease1 or private holding that does not otherwise qualify or is not otherwise selected as a covered project under-- 7i7 title ,,xli of the ,fixing ,america's ,surface ,transportation ,act 7#db ,u4,s4,c4 #dcgjm-#a et seq472 or 7ii7 section #bjde of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdh74 7,b7 ,exclusion ,the term qualifying project does not include a project described in subparagraph 7,a7 for which the project sponsor elects not to submit a substantially complete proposal under this subtitle4 7#e7 ,substantially complete proposal 7,a7 ,in general ,the term substantially complete proposal means a proposal submitted by or on behalf of a project sponsor that includes information describing a proposed qualifying project and all components of the qualifying project in sufficient detail to understand jurisdictional boundaries to determine involvement of participating agencies and resources that may be affected by the qualifying project4 7,b7 ,inclusions ,a substantially complete proposal shall include1 at a minimum1 the following3 7i7 ,a statement of the purposes and objectives of the proposed qualifying project4 7ii7 ,a concise description1 including the location1 of the proposed qualifying project4 7iii7 ,a summary of geospatial information1 if available1 illustrating the qualifying project area4 7iv7 ,geospatial information with locations1 if any1 of environmental1 cultural1 and historical resources 7such as habitat types1 species present or known to occur in the area1 surface water1 groundwater1 wetland1 and land ownership74 7v7 ,a statement regarding the technical and financial ability of the project sponsor4 7vi7 ,a statement of any ,federal1 ,state1 and local agency and ,tribal financing1 environmental reviews1 permits1 and authorizations anticipated to be required to complete the proposed qualifying project4 7#f7 ,unified environmental record ,the term unified environmental record means a compilation of environmental compliance documents 7such as those required under applicable ,federal law1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 and division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code7 on which all agencies with authority to issue approvals for a particular qualifying project shall base approval decisions4 #ajb4 ,establishment of lead coordinating agency and participating agencies 7a7 ,establishment of lead agency ,the ,bureau is established as the lead coordinating agency for purposes of coordinating all reviews1 analyses1 opinions1 statements1 permits1 licenses1 or other approvals or decisions required under ,federal law to construct qualifying projects4 7b7 ,identification and establishment of participating agencies ,the ,commissioner1 on receipt of a substantially complete proposal1 shall-- 7#a7 identify1 as early as practicable1 any ,federal agency that may have jurisdiction over a review1 analysis1 opinion1 statement1 permit1 license1 approval1 or decision required for a qualifying project under applicable ,federal law2 and 7#b7 notify any ,federal agency identified under paragraph 7#a71 within a reasonable timeframe1 that the agency has been designated as a participating agency with regard to the qualifying project unless that agency responds to the ,commissioner in writing1 within a timeframe established by the ,commissioner1 notifying the ,commissioner that the agency-- 7,a7 has no jurisdiction or authority with respect to the qualifying project2 7,b7 has no expertise or information relevant to the qualifying project or any review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision associated with the qualifying project2 or 7,c7 does not intend to submit comments on the qualifying project or conduct any review of the qualifying project or make any decision with respect to the project in a manner other than in cooperation with the ,commissioner4 7c7 ,state or ,tribal authority ,a ,state or an ,indian ,tribe 7in the case of ,tribal land7 on which a qualifying project is being considered may choose1 consistent with ,state or ,tribal law-- 7#a7 to participate as a participating agency2 and 7#b7 to make subject to this ,act all ,state or ,tribal agencies that-- 7,a7 have jurisdiction over the qualifying project2 7,b7 are required to conduct or issue a review1 analysis1 or opinion for the qualifying project2 or 7,c7 are required to make a determination on issuing a permit1 license1 or approval for the qualifying project4 7d7 ,cooperating agencies ,the ,commissioner1 as the head of the lead coordinating agency1 shall identify cooperating agencies pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #ajc4 ,bureau responsibilities 7a7 ,in general ,the principal responsibilities of the ,commissioner under this subtitle are-- 7#a7 to serve as the point of contact for any project sponsors1 ,state agencies1 ,indian ,tribes1 and other entities regarding proposed qualifying projects2 7#b7 to coordinate preparation of a unified environmental record that will serve as the basis for all ,federal decisions necessary to authorize the use of ,federal land for qualifying projects2 and 7#c7 to coordinate all ,federal agency reviews necessary for qualifying project development and construction of qualifying projects4 7b7 ,coordination process ,the ,commissioner shall have the following coordination responsibilities3 7#a7 ,early coordination ,lead early coordination1 prior to the application of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 as follows3 7,a7 ,on request from a project sponsor1 advise the project sponsor in developing a substantially complete proposal for the qualifying project1 including explaining applicable processes1 data requirements1 and applicant submissions necessary to complete the required ,federal agency reviews within the timeframe established4 7,b7 ,review a final proposal submitted by a project sponsor and1 not later than #cj days after receipt of the final proposal1 make a determination whether-- 7i7 the final proposal is a substantially complete proposal2 and 7ii7 the final proposal describes a qualifying project4 7,c7 ,establish a preliminary schedule for the qualifying project4 7#b7 ,coordinate with participating and cooperating agencies 7,a7 ,coordinate notification of participating agencies and invitation to cooperating agencies with respect to each proposed qualifying project by not later than #cj days after the date on which the ,commissioner makes a positive determination under clauses 7i7 and 7ii7 of paragraph 7#a77;,b74 7,b7 7i7 ,coordinate with the participating agencies and cooperating agencies throughout the ,federal agency review process4 7ii7 ,identify and obtain relevant data in a timely manner4 7iii7 ,verify and1 if necessary1 revise the project schedule described in paragraph 7#c74 7iv7 ,in consultation with the project sponsor1 set necessary deadlines for participating agencies and cooperating agencies4 7#c7 ,schedule 7,a7 ,in general ,work with the project sponsor and participating agencies to establish a project schedule4 7,b7 ,factors ,in establishing the project schedule under subparagraph 7,a71 the ,commissioner shall consider1 among other factors-- 7i7 the responsibilities of participating agencies under applicable law2 7ii7 the resources available to the cooperating agencies and the project sponsor1 as applicable2 7iii7 the overall size and complexity of the qualifying project2 7iv7 the overall schedule for and cost of the qualifying project2 and 7v7 the sensitivity of the natural and historic resources that may be affected by the qualifying project4 7#d7 ,coordinated reviews ,at the discretion of the ,commissioner1 ensure that all reviews1 analyses1 opinions1 permits1 licenses1 and approvals required to be issued or made by a ,federal1 ,state1 or local government agency or ,indian ,tribe for the development of a qualifying project shall be conducted1 to the maximum extent practicable1 concurrently and completed within a time period established by the ,secretary in cooperation with the participating agencies4 7#e7 ,environmental compliance 7,a7 ,in general ,coordinate a unified environmental record for each substantially complete proposal1 incorporating a single environmental record on which all participating agencies with authority to issue approvals for a particular qualifying project shall base project approval decisions4 7,b7 ,timelines ,help ensure that participating agencies make necessary decisions described in subparagraph 7,a71 within the respective authorities of the participating agencies1 regarding ,federal approvals in accordance with the following timelines3 7i7 ,not later than #a year after acceptance of a substantially complete proposal1 when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7ii7 ,not later than #a year and #cj days after the close of the public comment period for a draft environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 when an environmental impact statement is required under that ,act4 7#f7 ,consolidated administrative record ,maintain a consolidated administrative record of the information assembled and used by the participating agencies as the basis for agency decisions4 7#g7 ,project data records 7,a7 ,submission2 maintenance ,to the maximum extent practicable and consistent with ,federal law1 ensure that all qualifying project data is submitted and maintained in a generally accessible electronic format4 7,b7 ,compilation2 availability ,compile1 and where authorized under existing law1 make available that project data to participating agencies1 the project sponsors1 and the public4 7#h7 ,project manager 7,a7 ,in general ,appoint a project manager for each qualifying project4 7,b7 ,authority2 responsibilities ,the project manager shall-- 7i7 have authority to oversee the qualifying project and to facilitate the issuance of the relevant final authorizing documents by responsible officials2 and 7ii7 be responsible for facilitating fulfillment of all ,commissioner responsibilities under this section and coordinating all participating agency responsibilities under section #ajd4 #ajd4 ,participating agency responsibilities 7a7 ,adherence to ,bureau schedule 7#a7 ,timeframes ,on notification from the ,commissioner that the ,commissioner has received a substantially complete proposal relating to a qualifying project1 the head of each participating agency shall submit to the ,commissioner a timeframe under which the participating agency reasonably will be able to complete the authorizing responsibilities of the participating agency relating to the qualifying project4 7#b7 ,schedule 7,a7 ,use of timeframes ,the ,commissioner shall use the timeframes submitted under this subsection to establish the project schedule under section #ajc7;b77#c74 7,b7 ,adherence ,each participating agency shall adhere to the project schedule established by the ,commissioner under section #ajc7;b77#c74 7b7 ,environmental record ,the head of each participating agency shall submit to the ,commissioner all environmental review material produced or compiled in the course of carrying out activities required under ,federal law1 consistent with the project schedule established by the ,commissioner under section #ajc7;b77#c74 7c7 ,data submission ,to the maximum extent practicable and consistent with ,federal law1 the head of each participating agency shall submit all relevant project data to the ,commissioner in a generally accessible electronic format1 subject to the project schedule established by the ,commissioner under section #ajc7;b77#c74 #aje4 ,funding to process permits 7a7 ,in general ,the ,secretary1 after public notice in accordance with subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 may accept and expend funds for the development of a qualifying project under this subtitle1 including the transfer to a participating agency for the purposes of this subtitle of funds contributed by a non-,federal public entity to expedite the evaluation of a permit of that entity relating to a qualifying project4 7b7 ,effect on permitting 7#a7 ,in general ,in carrying out this section1 the ,secretary shall ensure that the use of funds accepted under subsection 7a7 shall not procedurally impact impartial decisionmaking with respect to permits4 7#b7 ,evaluation of permits ,in carrying out this section1 the ,secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall-- 7,a7 be reviewed by the ,regional ,director of the ,bureau of the region in which the qualifying project is located 7or a designee72 and 7,b7 use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section4 7#c7 ,impartial decisionmaking ,in carrying out this section1 the ,secretary and the head of each participating agency receiving funds under this section for a qualifying project shall ensure that the use of the funds accepted under this section for the qualifying project shall not-- 7,a7 substantively or procedurally impact impartial decisionmaking with respect to the issuance of permits2 or 7,b7 diminish1 modify1 or otherwise affect the statutory or regulatory authorities of the participating agency4 7c7 ,limitation on use of funds ,none of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection 7b77#b77;,a7 after the ,regional ,director of the ,bureau completes the evaluation of permits4 7d7 ,public availability ,the ,secretary shall ensure that all final permit decisions carried out using funds accepted under this section are made available to the public1 including on the internet4 ,b ,modifications of ,existing ,programs #aaa4 ,water,s,m,a,r,t 7a7 ,definition of eligible applicant ,section #iejb of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfb7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking section and inserting subtitle2 and 7#b7 in paragraph 7#g71 by inserting ,state1 regional1 or local authority the members of which include #a or more organizations with water or power delivery authority1 after water district14 7b7 ,water management improvement ,section #iejd7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;a77 is amended-- 7#a7 in paragraph 7#b77;,a7-- 7,a7 by striking within the ,states and inserting the following3 8within-- 7i7 the ,states 2 7,b7 in clause 7i7 7as so designated71 by striking and at the end and inserting or2 and 7,c7 by adding at the end the following3 7ii7 the ,state of ,alaska2 and 4 7#b7 in paragraph 7#c77;,b7-- 7,a7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and indenting appropriately2 7,b7 in the matter preceding subclause 7,i7 7as so redesignated71 by striking ,in carrying and inserting the following3 7i7 ,in general ,except as provided in clause 7ii71 in carrying 2 and 7,c7 by adding at the end the following3 7ii7 ,indian tribes ,in the case of an eligible applicant that is an ,indian tribe1 in carrying out paragraph 7#a71 the ,secretary shall not provide a grant1 or enter into an agreement1 for an improvement to conserve irrigation water unless the ,indian tribe agrees not-- 7,i7 to use any associated water savings to increase the total irrigated acreage more than the water right of that ,indian tribe1 as determined by-- 7aa7 a court decree2 7bb7 a settlement2 7cc7 a law2 or 7dd7 any combination of the authorities described in items 7aa7 through 7cc72 or 7,,ii7 to otherwise increase the consumptive use of water more than the water right of the ,indian tribe described in subclause 7,i74 4 #aab4 ,grants and cooperative agreements with ,indian tribes and organizations ,section #bja of the ,energy and ,water ,development ,appropriations ,act1 #bjjc 7#dc ,u4,s4,c4 #cgc;d7 is amended in the first sentence by inserting ,native village1 ,village ,corporation1 or ,regional ,corporation 7as those terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb771 after national ,indian organization14 #aac4 ,cooperative watershed management program ,section #fjja7e7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #ajae7e77 is amended-- 7#a7 in subparagraph 7,d77iv71 by striking and at the end2 7#b7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,f7 may be sponsored by a ,state or a conservation district4 4 ,c ,bureau of ,reclamation ,transparency #aba4 ,definitions ,in this subtitle3 7#a7 ,asset 7,a7 ,in general ,the term asset means any of the following assets that are used to achieve the mission of the ,bureau to manage1 develop1 and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the ,united ,states3 7i7 ,capitalized facilities1 buildings1 structures1 project features1 power production equipment1 recreation facilities1 or quarters4 7ii7 ,capitalized and noncapitalized heavy equipment and other installed equipment4 7,b7 ,inclusions ,the term asset includes assets described in subparagraph 7,a7 that are considered to be mission critical4 7#b7 ,asset ,management ,report ,the term ,asset ,management ,report means-- 7,a7 the annual plan prepared by the ,bureau known as the ,asset ,management ,plan2 and 7,b7 any publicly available information relating to the plan described in subparagraph 7,a7 that summarizes the efforts of the ,bureau to evaluate and manage infrastructure assets of the ,bureau4 7#c7 ,major repair and rehabilitation need ,the term major repair and rehabilitation need means major nonrecurring maintenance at a ,reclamation facility1 including maintenance related to the safety of dams1 extraordinary maintenance of dams1 deferred major maintenance activities1 and all other significant repairs and extraordinary maintenance4 #abb4 ,asset management report enhancements for reserved works 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress an ,asset ,management ,report that-- 7#a7 describes the efforts of the ,bureau-- 7,a7 to maintain in a reliable manner all reserved works at ,reclamation facilities2 and 7,b7 to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at ,reclamation facilities2 and 7#b7 expands on the information otherwise provided in an ,asset ,management ,report1 in accordance with subsection 7b74 7b7 ,infrastructure ,maintenance ,needs ,assessment 7#a7 ,in general ,the ,asset ,management ,report submitted under subsection 7a7 shall include-- 7,a7 a detailed assessment of major repair and rehabilitation needs for all reserved works at all ,reclamation projects2 and 7,b7 to the maximum extent practicable1 an itemized list of major repair and rehabilitation needs of individual ,reclamation facilities at each ,reclamation project4 7#b7 ,inclusions ,to the maximum extent practicable1 the itemized list of major repair and rehabilitation needs under paragraph 7#a77;,b7 shall include-- 7,a7 a budget level cost estimate of the appropriations needed to complete each item2 and 7,b7 an assignment of a categorical rating for each item1 consistent with paragraph 7#c74 7#c7 ,rating requirements 7,a7 ,in general ,the system for assigning ratings under paragraph 7#b77;,b7 shall be-- 7i7 consistent with existing uniform categorization systems to inform the annual budget process and agency requirements2 and 7ii7 subject to the guidance and instructions issued under subparagraph 7,b74 7,b7 ,guidance ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall issue guidance that describes the applicability of the rating system applicable under paragraph 7#b77;,b7 to ,reclamation facilities4 7#d7 ,public availability ,except as provided in paragraph 7#e71 the ,secretary shall make publicly available1 including on the internet1 the ,asset ,management ,report required under subsection 7a74 7#e7 ,confidentiality ,the ,secretary may exclude from the public version of the ,asset ,management ,report made available under paragraph 7#d7 any information that the ,secretary identifies as sensitive or classified1 but shall make available to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a version of the report containing the sensitive or classified information4 7c7 ,updates ,not later than #b years after the date on which the ,asset ,management ,report is submitted under subsection 7a7 and biennially thereafter1 the ,secretary shall update the ,asset ,management ,report1 subject to the requirements of section #abc7;b77#b74 7d7 ,consultation ,to the extent that such consultation would assist the ,secretary in preparing the ,asset ,management ,report under subsection 7a7 and updates to the ,asset ,management ,report under subsection 7c71 the ,secretary shall consult with-- 7#a7 the ,secretary of the ,army 7acting through the ,chief of ,engineers72 and 7#b7 water and power contractors4 #abc4 ,asset management report enhancements for transferred works 7a7 ,in general ,the ,secretary shall coordinate with the non-,federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for ,asset ,management ,reports with respect to major repair and rehabilitation needs for transferred works that are similar to the reporting requirements described in section #abb7;b74 7b7 ,guidance 7#a7 ,in general ,after considering input from water and power contractors of the ,bureau1 the ,secretary shall develop and implement a rating system for transferred works that incorporates1 to the maximum extent practicable1 the rating system for major repair and rehabilitation needs for reserved works developed under section #abb7;b77#c74 7#b7 ,updates ,the ratings system developed under paragraph 7#a7 shall be included in the updated ,asset ,management ,reports under section #abb7;c74 ,,ii ,water ,management ,improvement ,a ,review of ,flood ,control ,rule ,curves ,pilot ,project #bja4 ,definitions ,in this subtitle3 7#a7 ,eligible works 7,a7 ,in general ,the term eligible works means a reserved works1 or a transferred works for which-- 7i7 the flood control rule curve has not been substantially adjusted during the #aj-year period ending on the date of enactment of this ,act2 and 7ii7 the ,secretary receives a request in accordance with section #bjc7;a74 7,b7 ,exclusions ,the term eligible works does not include-- 7i7 any project authorized by the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag et seq472 7ii7 any project authorized by the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj et seq472 or 7iii7 any project of the ,pick-,sloan ,missouri ,river ,basin ,program 7authorized by section #i of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hia1 chapter #ffe774 7#b7 ,pilot project ,the term pilot project means the pilot project established under section #bjb4 #bjb4 ,establishment of pilot project ,the ,secretary shall establish within the ,bureau a pilot project to adjust flood control rule curves in accordance with section #bjd4 #bjc4 ,selection of eligible works 7a7 ,request 7#a7 ,in general ,in order for an eligible works to be selected for inclusion in the pilot project1 a responsible party shall submit a written request to the ,secretary4 7#b7 ,notice ,not later than #cj days after the date on which the ,secretary receives a request under paragraph 7#a71 the ,secretary shall notify-- 7,a7 each responsible party of that request1 using lists maintained by the ,bureau2 and 7,b7 if applicable1 the appropriate ,federal power marketing administration4 7b7 ,selection ,each year1 the ,secretary shall-- 7#a7 select #a or more eligible works for inclusion in the pilot project2 and 7#b7 submit a list of those eligible works to-- 7,a7 the ,secretary of the ,army2 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate4 7c7 ,exclusion ,the ,secretary shall not select an eligible works for inclusion in the pilot project under subsection 7b77#a7 if1 not later than #fj days after the date on which the notice is provided to each responsible party under subsection 7a77#b77;,a71 a majority of the responsible parties submit to the ,secretary an objection to the inclusion of the eligible works in the pilot project4 #bjd4 ,adjustment of flood control rule 7a7 ,in general ,the flood control rule curve of an eligible works shall be adjusted pursuant to section #g of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gji71 if the ,secretary of the ,army determines that the adjustment would enhance the authorized purposes of the eligible works4 7b7 ,considerations ,in the adjustment of a flood control rule curve under subsection 7a71 the following factors shall be considered3 7#a7 ,forecast-informed reservoir operations4 7#b7 ,improved hydrologic forecasting for-- 7,a7 precipitation2 7,b7 snowpack2 7,c7 runoff2 and 7,d7 soil moisture conditions4 7#c7 ,any new watershed data1 including data provided by a responsible party for the eligible works4 7c7 ,consultation ,in the adjustment of a flood control rule curve under subsection 7a71 the following entities shall be consulted3 7#a7 ,each responsible party for the eligible works4 7#b7 ,in the case of an eligible works that produces power marketed by the ,federal ,government1 the ,federal power marketing administration that markets the power4 #bje4 ,consultation ,the ,secretary shall consult with the ,secretary of the ,army with respect to any action taken by the ,secretary of the ,army-- 7#a7 pursuant to section #g of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gji72 and 7#b7 that relates to the pilot project4 #bjf4 ,funding 7a7 ,in general ,the ,secretary may accept amounts from responsible parties to fund all or a portion of the cost of carrying out an adjustment under section #bjd4 7b7 ,transfer to ,secretary of the ,army ,the ,secretary shall transfer to the ,secretary of the ,army any amounts received under subsection 7a7 that are to be used for an adjustment under section #bjd4 7c7 ,non-,federal reservoir operations ,section #e of the ,act of ,june #bb1 #aicf 7#cc ,u4,s4,c4 #gja;h71 is amended by inserting after authorized purposes of the project3 the following3 ,provided further1 ,that the ,secretary is authorized to receive and expend funds from an owner of a non-,federal reservoir to formulate1 review1 or revise operational documents for any non-,federal reservoir for which the ,secretary is authorized to prescribe regulations for the use of storage allocated for flood risk management or navigation pursuant to section #g of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gji734 #bjg4 ,effect ,nothing in this subtitle-- 7a7 affects or modifies any existing authority to review or modify-- 7#a7 reservoir operations1 including any existing forecast-informed reservoir operations at a facility of the ,corps of ,engineers1 such as ,coyote ,dam2 and 7#b7 flood control operations2 or 7b7 affects or modifies any authorized purpose of any project carried out by the ,secretary4 #bjh4 ,termination ,the pilot project shall terminate on the date that is #ae years after the date of enactment of this ,act4 ,b ,aquifer ,recharge ,augmentation #baa4 ,definitions ,in this subtitle3 7#a7 ,eligible land ,the term eligible land1 with respect to a ,reclamation project1 means land that-- 7,a7 is authorized to receive water under ,state law2 and 7,b7 shares a groundwater source with land located in the service area of the ,reclamation project4 7#b7 ,in-lieu recharge ,the term in-lieu recharge means the use of surface water instead of pumped groundwater if that use of surface water will cause the direct reduction or elimination of groundwater withdrawals4 7#c7 ,net water storage benefit ,the term net water storage benefit means an increase in the volume of water that is-- 7,a7 stored in #a or more reservoirs or aquifers2 and 7,b7 available for use within the area served by a ,reclamation project4 #bab4 ,rescheduling of water for aquifer recharge 7a7 ,identifying operations ,on the request of a responsible party of a ,reclamation project1 the ,secretary may identify operations-- 7#a7 to allow for the rescheduling of water that is allocated in a water service or repayment contract with the ,bureau with respect to the ,reclamation project-- 7,a7 to increase the ability to regulate the timing of releases that may increase the quantity of water available for aquifer recharge2 and 7,b7 that occurs not earlier than #ij days before1 and not later than #ij days after1 the dates required for the release of water under the ,reclamation project contract2 and 7#b7 that-- 7,a7 comply with ,state law2 and 7,b7 the ,secretary determines result in a net water storage benefit4 7b7 ,carrying out operations 7#a7 ,in general ,the ,secretary may carry out operations identified under subsection 7a7 in accordance with this subsection4 7#b7 ,request 7,a7 ,in general ,before the ,secretary may carry out operations under paragraph 7#a71 the responsible party shall submit to the ,secretary a request for the operations4 7,b7 ,notice ,not later than #cj days after the date on which the ,secretary receives a request under subparagraph 7,a71 the ,secretary shall notify-- 7i7 each responsible party of that request1 using lists maintained by the ,bureau2 and 7ii7 if applicable1 the appropriate ,federal power marketing administration4 #bac4 ,flexibility to allow greater aquifer recharge 7a7 ,contracts for aquifer recharge 7#a7 ,in general ,the ,secretary may enter into a contract for the purpose of aquifer recharge using water-- 7,a7 released from any ,reclamation facility or body of water as a result of flood control operations2 and 7,b7 that is surplus to the needs of a ,reclamation project4 7#b7 ,requirements ,a contract under paragraph 7#a7 shall-- 7,a7 give priority to recharge of a groundwater basin that is fully or partially underlying land authorized to be served by a ,reclamation project2 7,b7 be under such terms and conditions as the ,secretary determines are appropriate2 7,c7 provide that the intended use of water is aquifer recharge2 7,d7 comply with ,state law2 and 7,e7 not be implemented in a manner that is detrimental to-- 7i7 an existing water contract or power service contract under the ,reclamation project2 or 7ii7 rights of prior appropriators under ,state law4 7b7 ,aquifer recharge on eligible land 7#a7 ,in general ,subject to paragraphs 7#c7 and 7#d71 a holder of a water service or repayment contract for a ,reclamation project may-- 7,a7 directly use water available under the contract for aquifer recharge on eligible land2 or 7,b7 enter into an agreement with an individual or entity to transfer water available under the contract for aquifer recharge on eligible land4 7#b7 ,authorized project purpose ,the use of water for aquifer recharge under paragraph 7#a7 shall be considered an authorized purpose for the ,reclamation project under the reclamation laws4 7#c7 ,modifications to contracts ,the ,secretary may modify an existing water contract described in paragraph 7#a7 if the ,secretary determines that the modification is-- 7,a7 necessary to allow for the use of water available under the contract for aquifer recharge under this subsection2 7,b7 in the best interest of the ,reclamation project and the ,united ,states2 and 7,c7 approved by the association of water users that is responsible for repaying the cost of construction1 operations1 and maintenance of the facility that delivers the water under the contract4 7#d7 ,requirements ,the use or transfer of water for aquifer recharge under this subsection shall be subject to the requirements that-- 7,a7 the use or transfer shall not be implemented in a manner that is detrimental to any water or power service for the ,reclamation project2 and 7,b7 before the use or transfer1 the ,secretary shall determine that the use or transfer-- 7i7 7,i7 results in a net water storage benefit for the ,reclamation project2 or 7,,ii7 contributes to the recharge of a depleted aquifer on eligible land2 and 7ii7 complies with ,state law4 7#e7 ,relation to ,central ,valley ,project ,improvement ,act ,section #cdje of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgji7 shall not apply to the use or transfer of water for aquifer recharge under a contract described in subsection 7a7 or this subsection4 7c7 ,use of ,bureau facilities 7#a7 ,in general ,the ,commissioner may allow the use of excess capacity in ,bureau conveyance facilities for carriage of non-,reclamation project water for aquifer recharge1 on the condition that-- 7,a7 the use-- 7i7 shall not be implemented in a manner that is detrimental to any water or power service for the ,reclamation project2 7ii7 shall be consistent with existing water quality guidelines for the ,reclamation project2 and 7iii7 shall comply with ,state law2 and 7,b7 the non-,federal party to an existing contract for water or water capacity in a ,reclamation facility shall consent to the use of the ,reclamation facility under this subsection4 7#b7 ,effect on existing contracts ,nothing in this subsection affects a contract-- 7,a7 in effect on the date of enactment of this ,act2 and 7,b7 under which the use of excess capacity in a ,bureau conveyance facility for carriage of non-,reclamation project water for aquifer recharge is allowed4 7d7 ,administration 7#a7 ,deposit of funds ,amounts derived under this section by the ,secretary shall be-- 7,a7 deposited in the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic72 and 7,b7 credited to the ,reclamation project from which the water is supplied4 7#b7 ,in-lieu recharge ,to the extent consistent with ,state law1 in-lieu recharge may be carried out under this section4 7#c7 ,reclamation law ,this section supplements and amends the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq474 #bad4 ,use of public land for aquifer recharge 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,secretary should give priority to the use of ,bureau of ,land ,management land for aquifer recharge1 to the extent that the use is consistent with the management of the multiple resource values of the land2 and 7#b7 7,a7 areas of critical environmental concern may be compatible with1 and in some cases benefit from1 aquifer recharge activities2 and 7,b7 the designation of an area of critical environmental concern should not disqualify that area from consideration for aquifer recharge if the land being protected by the designation could benefit in value from the application of a water supply4 7b7 ,conveyance of water ,the conveyance of water through a project facility that crosses ,bureau of ,land ,management land for the purpose of aquifer recharge shall not require a new or additional permit or authorization if-- 7#a7 the existing project facility has a valid right of way1 easement1 or other agreement that allows conveyance of water for a purpose other than aquifer recharge2 7#b7 that conveyance of water does not result in a substantial change to the operation of the project facility2 and 7#c7 the entity operating the project facility consents to that conveyance of water4 ,,iii ,water ,supply ,certainty ,a ,water ,rights ,protection #cja4 ,definitions ,in this subtitle3 7#a7 ,secretary ,the term ,secretary means1 as applicable-- 7,a7 the ,secretary of ,agriculture2 or 7,b7 the ,secretary of the ,interior4 7#b7 ,water right ,the term water right means any surface water1 groundwater1 or water storage right filed1 permitted1 certificated1 confirmed1 decreed1 adjudicated1 or otherwise recognized by a judicial proceeding or by the ,state1 in which the user acquires the right to put the water to beneficial use1 including water rights for federally recognized ,indian ,tribes4 #cjb4 ,treatment of water rights ,the ,secretary shall not-- 7#a7 condition the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement on the transfer of any water right 7including joint and sole ownership7 directly to the ,united ,states1 or on any impairment of title1 in whole or in part1 granted or otherwise recognized under ,state law1 by ,federal or ,state adjudication1 decree1 or other judgment1 or pursuant to any interstate water compact2 7#b7 require any water user 7including any federally recognized ,indian ,tribe7 to apply for or acquire a water right in the name of the ,united ,states under ,state law as a condition of the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement2 or 7#c7 condition or withhold the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement1 in whole or in part1 on-- 7,a7 limiting the date1 time1 quantity1 location of diversion or pumping1 or place of use of a ,state water right beyond any applicable limitations under ,state water law2 or 7,b7 the modification of the terms and conditions of groundwater withdrawal1 guidance and reporting procedures1 or conservation and source protection measures established by a ,state4 #cjc4 ,policy development ,in developing any rule1 policy1 directive1 management plan1 or similar ,federal action relating to the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement1 the ,secretary-- 7#a7 shall-- 7,a7 recognize the longstanding authority of the ,states relating to evaluating1 protecting1 allocating1 regulating1 permitting1 and adjudicating water use2 and 7,b7 coordinate with the ,states to ensure that any rule1 policy1 directive1 management plan1 or similar ,federal action is consistent with1 and imposes no greater restriction or regulatory requirement1 than applicable ,state water law2 and 7#b7 shall not-- 7,a7 adversely affect-- 7i7 the authority of a ,state in-- 7,i7 permitting the beneficial use of water2 or 7,,ii7 adjudicating water rights2 7ii7 any definition established by a ,state with respect to the term beneficial use1 priority of water rights1 or terms of use2 or 7iii7 any other right or obligation of a ,state established under ,state law2 or 7,b7 assert any connection between surface and groundwater that is inconsistent with such a connection recognized by ,state water laws4 #cjd4 ,effect 7a7 ,existing authority ,except as provided in section #cjb1 nothing in this subtitle limits or expands any existing legally recognized authority of the ,secretary to issue1 grant1 or condition any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement on ,federal land that is subject to the jurisdiction of the ,secretary4 7b7 ,reclamation contracts ,nothing in this subtitle interferes with any existing or future ,bureau contract entered into pursuant to ,federal reclamation law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act74 7c7 ,endangered ,species ,act ,nothing in this subtitle affects the implementation of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7d7 ,federal reserved water rights ,nothing in this subtitle limits or expands any existing reserved water rights of the ,federal ,government on land administered by the ,secretary4 7e7 ,federal ,power ,act ,nothing in this subtitle limits or expands authorities pursuant to sections #d7;e71 #aj7;j71 or #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e71 #hjc7;j71 #haa74 7f7 ,indian water rights ,nothing in this subtitle limits or expands any existing reserved water right or treaty right of any federally recognized ,indian ,tribe4 7g7 ,federally held ,state water rights ,nothing in this subtitle limits the ability of the ,secretary1 through applicable ,state procedures1 to acquire1 use1 enforce1 or protect a ,state water right owned by the ,united ,states4 ,b ,permits for ,water ,transfers #caa4 ,permits for water transfers ,section #abb4c7;i7 of title #dj1 ,code of ,federal ,regulations1 is enacted into law4 ,c ,endangered ,fish ,recovery ,programs #cba4 ,extension of authorization to use ,upper ,colorado ,river ,basin ,fund revenues for annual base funding of fish recovery programs2 removal of certain reporting requirement ,section #c7;d77#b7 of ,public ,law #ajf-cib 7#aad ,stat4 #afjd2 #abf ,stat4 #bddd7 is amended-- 7#a7 in the fourth sentence-- 7,a7 by striking #bjai and inserting #bjbc2 and 7,b7 by striking 2 except that and all that follows through capital projects and monitoring2 and 7#b7 by striking the fifth1 sixth1 and seventh sentences4 #cbb4 ,report on ,recovery ,implementation ,programs ,section #c of ,public ,law #ajf-cib 7#aad ,stat4 #afjc2 #abf ,stat4 #bddd7 is amended by adding at the end the following3 7j7 ,report 7#a7 ,in general ,not later than ,september #cj1 #bjba1 the ,secretary shall submit to the appropriate committees of ,congress a report that-- 7,a7 describes the accomplishments of the ,recovery ,implementation ,programs2 7,b7 identifies-- 7i7 as of the date of the report1 the listing status under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 of the ,colorado pikeminnow1 humpback chub1 razorback sucker1 and bonytail2 and 7ii7 as of ,september #cj1 #bjbc1 the projected listing status under that ,act of each of the species referred to in clause 7i72 7,c7 7i7 identifies-- 7,i7 the total expenditures and the expenditures by categories of activities by the ,recovery ,implementation ,programs during the period beginning on the date on which the applicable ,recovery ,implementation ,program was established and ending on ,september #cj1 #bjba2 and 7,,ii7 projected expenditures by the ,recovery ,implementation ,programs during the period beginning on ,october #a1 #bjba1 and ending on ,september #cj1 #bjbc2 and 7ii7 for purposes of the expenditures identified under clause 7i71 includes a description of-- 7,i7 any expenditures of appropriated funds2 7,,ii7 any power revenues2 7,,iii7 any contributions by the ,states1 power customers1 ,tribes1 water users1 and environmental organizations2 and 7,,iv7 any other sources of funds for the ,recovery ,implementation ,programs2 and 7,d7 describes-- 7i7 any activities to be carried out under the ,recovery ,implementation ,program after ,september #cj1 #bjbc2 and 7ii7 the projected cost of the activities described under clause 7i74 7#b7 ,consultation required ,the ,secretary shall consult with the participants in the ,recovery ,implementation ,programs in preparing the report under paragraph 7#a74 4