,i #aafth ,,congress #b;d ,session ,h4 ,r4 #haff ,,in ,,the ,,house ,,of ,,representatives ,september #d1 #bjbj ,mr4 ,cox of ,california 7for himself1 ,mr4 ,costa1 and ,mr4 ,garamendi7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to support surface and groundwater storage and supporting projects in ,reclamation ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,western ,water ,storage ,infrastructure ,act4 #b4 ,surface and groundwater storage and supporting projects 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7,c7 the ,committee on ,appropriations of the ,senate2 7,d7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7#b7 ,design2 study ,the terms design and study include any design1 permitting1 materials engineering or testing1 surveying1 or preconstruction activity relating to a water storage facility4 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 any ,state1 political subdivision of a ,state1 department of a ,state1 or public agency organized pursuant to ,state law2 7,b7 an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 or an entity controlled by an ,indian tribe2 7,c7 a water users' association2 7,d7 an agency established by an interstate compact2 or 7,e7 an agency established under ,state law for the joint exercise of powers4 7#d7 ,federally owned storage project ,the term federally owned storage project means any project in a ,reclamation ,state-- 7,a7 that involves the construction1 expansion1 upgrade1 or capital repair of-- 7i7 a surface or groundwater storage facility2 or 7ii7 a facility conveying water to or from surface or groundwater storage2 7,b7 to which the ,united ,states holds title2 and 7,c7 that was authorized to be constructed1 operated1 and maintained pursuant to-- 7i7 the ,reclamation laws2 or 7ii7 the ,act of ,august #aa1 #aici 7commonly known as the ,water ,conservation and ,utilization ,act7 7#af ,u4,s4,c4 #eijy et seq474 7#e7 ,non-federal storage project ,the term non-,federal storage project means any facility or project in a ,reclamation ,state that-- 7,a7 involves the construction1 expansion1 upgrade1 or capital repair by an eligible entity of-- 7i7 a surface or groundwater storage project to which the ,united ,states does not hold title2 or 7ii7 a facility conveying water to or from surface or groundwater storage to which the ,united ,states does not hold title2 and 7,b7 the construction1 expansion1 upgrade1 or capital repair of such facility or project provides a ,federal benefit in accordance with ,reclamation laws 7including regulations74 7#f7 ,reclamation laws ,the term ,reclamation laws means ,federal ,reclamation law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act4 7#g7 ,reclamation state ,the term ,reclamation ,state has the meaning given the term in section #djad of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb74 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,grant program ,the ,secretary may provide a grant under this section to an eligible entity to carry out1 within a ,reclamation ,state-- 7#a7 a federally owned storage project in accordance with subsection 7c72 or 7#b7 a non-,federal storage project in accordance with subsection 7d74 7c7 ,federally owned storage projects 7#a7 ,in general ,subject to the requirements of this section1 on request of an eligible entity1 the ,secretary may negotiate and enter into an agreement on behalf of the ,united ,states for the design1 study1 construction1 expansion1 upgrade1 or capital repair of a federally owned storage project in an amount equal to not more than #ej percent of the total cost of the federally owned storage project4 7#b7 ,conditions for federal construction funding ,the construction of a federally owned storage project that is the subject of an agreement under this section shall not commence until the ,secretary-- 7,a7 determines that-- 7i7 the federally owned storage project is feasible in accordance with the ,reclamation laws2 7ii7 the federally owned storage project provides a ,federal benefit in accordance with the ,reclamation laws2 and 7iii7 in return for the ,federal cost-share investment1 not less than a proportionate share of the benefits of the federally owned storage project are ,federal benefits1 including water supplies dedicated to specific purposes1 such as water quality improvements or fish and wildlife protection and restoration1 including a wildlife refuge2 and 7,b7 secures an agreement providing such funding as is necessary to pay the non-,federal share of the capital costs of the federally owned storage project4 7#c7 ,notification ,the ,secretary shall submit to the appropriate committees of ,congress a written notification that an agreement that satisfies the requirements in paragraph 7#b77;,b7 has been secured not later than #cj days after the agreement is secured4 7#d7 ,expansion or upgrade ,the ,secretary shall require1 as a condition for design1 study1 or any other participation in the expansion or upgrade of a federally owned storage project1 the agreement of-- 7,a7 if applicable1 any entity that has an existing water service contract or repayment contract for more than #fj percent of the capacity or yield of the federally owned storage project1 that the expansion will not adversely affect any right or interest of the entity under the water service contract or repayment contract1 as applicable2 and 7,b7 if applicable1 a non-,federal entity that1 pursuant to a formal operations and maintenance transfer contract or other legal agreement with the ,secretary carries out the operations and maintenance of the federally owned storage project4 7d7 ,non-,federal storage projects 7#a7 ,in general ,subject to the requirements of this section1 the ,secretary may participate in the design1 study1 construction1 expansion1 upgrade1 or capital repair of 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 ,conditions for federal design and study funding ,the ,secretary shall only participate in the design or study of a non-,federal storage project under this section if-- 7,a7 the ,governor1 political subdivision1 department1 or public agency of the ,state in which the non-,federal storage project is located supports ,federal funding of the non-,federal storage project2 and 7,b7 the ,secretary has identified the potential for ,federal benefit sufficient to proceed4 7#c7 ,conditions for federal construction1 expansion1 upgrade1 or capital repair funding ,participation by the ,secretary in the construction1 expansion1 upgrade1 or capital repair of a non-,federal storage project under this section shall be by negotiated agreement between the ,united ,states and the applicable non-,federal entity1 and shall not occur unless-- 7,a7 the ,governor1 political subdivision1 department1 or public agency of the ,state in which the non-,federal storage project is located supports ,federal funding for the project2 and 7,b7 the applicable eligible entity determines1 and the ,secretary concurs1 that-- 7i7 the non-,federal storage project is technically and financially feasible in accordance with guidelines established by the ,secretary2 7ii7 the non-,federal storage project provides a ,federal benefit in accordance with the ,reclamation laws2 7iii7 in return for the ,federal cost-share investment1 not less than a proportionate share of the benefits of the non-,federal storage project are ,federal benefits1 including water supplies dedicated to specific purposes1 such as water quality improvements or fish and wildlife protection and restoration1 including a wildlife refuge2 and 7iv7 each entity participating in the non-,federal project is financially capable of funding its proportionate share of the non-,federal share of the project costs4 7,c7 ,not less than #aj1jjj1jjj of the funding identified in subsection 7g7 shall be allocated to non-,federal storage projects that further the ,department of the ,interior's priority of sustainably developing natural resources and are-- 7i7 included in the ,bureau of ,reclamation's #bjae ,water ,management ,goal ,investment ,strategy ,final ,report2 7ii7 capable of providing water to a ,federal wildlife refuge2 7iii7 equipped with an approved fish screen2 and 7iv7 have both conveyance and recirculation benefits4 7#d7 ,notification ,the ,secretary shall submit to the appropriate committees of ,congress a written notification that an agreement that satisfies the requirements in paragraph 7#b7 has been secured not later than #cj days after the agreement is secured474 7#e7 ,information 7,a7 ,in general ,in participating in a non-,federal storage project under this section1 the ,secretary-- 7i7 shall-- 7,i7 generally1 rely on reports prepared by an eligible entity participating in the non-,federal storage project1 including feasibility or equivalent studies1 environmental analyses1 and other pertinent reports and analyses2 but 7,,ii7 retain responsibility for making the independent determinations described in paragraphs 7#b7 and 7#c72 and 7ii7 may prepare studies supplementary to the studies described in clause 7i77,i71 on request of the eligible entity participating in the non-,federal storage project4 7,b7 ,guidelines 7i7 ,draft guidelines ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall issue draft guidelines for determining whether a non-,federal storage project is financially feasible4 ,the guidelines shall be consistent with and meet the requirements in title ,,xvi of ,public ,law #ajb-ege for a feasibility study report1 including the economic analysis contained in the ,reclamation ,manual ,directive ,standard ,title ,,xvi ,water ,reclamation and ,reuse ,program ,feasibility ,study ,review ,process 7,,wtr #aa-ja71 subject to-- 7,i7 any additional requirements necessary to provide sufficient information for making the independent determinations described in paragraphs 7#b7 and 7#c72 and 7,,ii7 the condition that the ,bureau of ,reclamation shall not bear responsibility for the technical adequacy of any design1 study1 cost estimate1 construction1 expansion1 upgrade1 or capital repair relating to a non-,federal storage project4 7ii7 ,final guidelines ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall finalize the guidelines issued under clause 7i74 7e7 ,rights ,to use capacity 7#a7 ,federally owned storage project ,the right to use the capacity of a federally owned storage project that was designed1 studied1 constructed1 expanded1 upgraded1 or repaired under this ,act shall be allocated in such manner as may be mutually agreed to by the ,secretary and the party or parties to the agreement executed pursuant to subsection 7c77#a74 7#b7 ,non-,federal storage project ,the right to use the capacity of a non-,federal storage project that was designed1 studied1 constructed1 expanded1 upgraded1 or repaired under this ,act shall be allocated in such manner as may be mutually agreed to by the ,secretary and the relevant eligible entity or entities4 7f7 ,federal benefits ,in making a determination relating to ,federal benefits under this ,act1 the ,secretary may consider any benefit realized from the existence of operational flexibility to optimize the achievement of any authorized project purpose 7whether reimbursable or nonreimbursable71 including through the coordinated management of ,federal and non-,federal facilities4 7g7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #hjj1jjj1jjj for the period of fiscal years #bjba through #bjbe4 7#b7 ,congressional approval initially required 7,a7 ,design and study funding ,a federally owned storage project or a non-,federal storage project shall only receive initial design or study funding under this ,act if the project is designated funding by name in an ,act of appropriation4 7,b7 ,construction funding ,a federally owned storage project or a non-,federal storage project shall only receive initial construction funding under this ,act if the project is designated funding by name in an ,act of appropriations4 7,c7 ,reclamation recommendations 7i7 ,in general ,subject to clause 7ii71 the ,secretary shall submit to the appropriate committees of ,congress recommendations regarding the initial award of design and study funding1 and of construction funding1 for each federally owned storage project and non-,federal storage project subject to consideration under subparagraphs 7,a7 and 7,b74 7ii7 ,requirement ,the ,secretary shall confer with the appropriate committees of ,congress before submitting the recommendations under clause 7i74 7#c7 ,subsequent funding awards 7,a7 ,design and study funding ,after a federally owned storage project or a non-,federal storage project receives an initial award of design or study funding under paragraph 7#b71 additional design or study funding for that project shall not be subject to paragraph 7#b74 7,b7 ,construction funding ,after a federally owned storage project or a non-,federal storage project receives an initial award of construction funding under paragraph 7#b71 additional construction funding for that project shall not be subject to paragraph 7#b74 7#d7 ,preliminary studies ,of the amounts made available under paragraph 7#a71 not more than #be percent shall be provided for appraisal studies1 feasibility studies1 or other preliminary studies4 7#e7 ,,wiin ,act storage funding 7,a7 ,appropriations ,each federally owned storage project and non-,federal storage project shall be eligible to receive any amounts made available pursuant to section #djjg7;h7 of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb7 7as in effect on the day before the date of the enactment of this ,act71 in accordance with paragraphs 7#b7 and 7#c74 7,b7 ,individual projects 7i7 ,federally owned storage projects ,if the ,secretary determines that a federally owned storage project is eligible for funding under section #djjg7;b7 of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb71 the federally owned storage project shall remain eligible for funding under subsection 7c74 7ii7 ,non-federal storage projects ,if the ,secretary determines that a non-,federal storage project is eligible for funding as a ,state-led storage project under section #djjg7;c7 the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb71 the non-,federal storage project shall remain eligible for funding under subsection 7d74 7h7 ,consistency with state law ,nothing in this section preempts or modifies any obligation of the ,united ,states or an eligible entity to act in accordance with applicable ,state law4 #c4 ,delta operations ,section #djac of the ,water ,infrastructure ,improvements for the ,nation ,act 7#acj ,stat4 #ahhc7 is amended-- 7#a7 in the first sentence1 by striking #e and inserting #ac2 7#b7 in paragraph 7#a7-- 7,a7 by striking #aj and inserting #ah2 and 7,b7 by striking and at the end2 and 7#c7 in paragraph 7#b71 by inserting 2 and 7#c7 section #djjg1 which shall expire #e years after the date of its enactment before the final period4 #d4 ,calfed 7a7 ,partnership and agreements relating to certain water storage projects ,the ,secretary of the ,interior may enter into a partnership or other agreement relating to a water storage project described in section #ajc of the ,calfed ,bay-,delta ,authorization ,act 7,public ,law #ajh-cfa2 #aah ,stat4 #afhc7 with a local joint-powers authority established pursuant to ,state law by #a or more irrigation districts or other local water districts or units of local government within the applicable hydrologic region1 to advance the project4 7b7 ,reauthorization ,title ,i of the ,calfed ,bay-,delta ,authorization ,act 7,public ,law #ajh-cfa2 #aah ,stat4 #afha2 #abc ,stat4 #bhfj2 #abh ,stat4 #afd2 #abh ,stat4 #bcab2 #abi ,stat4 #bdjg2 #acj ,stat4 #ahff7 is amended by striking #bjbj each place it appears and inserting #bjbd4 #e4 ,savings clause ,nothing in this ,act or an amendment made by this ,act shall be interpreted or implemented in a manner that-- 7#a7 preempts or modifies any obligation of the ,united ,states or an eligible entity under ,federal law to act in accordance with applicable ,state law1 including applicable ,state water law2 or 7#b7 affects or modifies any obligation under applicable ,federal environmental law4