,,ii #aafth ,,congress #b;d ,session ,s4 #dahh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #b1 #bjbj,ms4 ,harris introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for drought preparedness and improved water supply reliability1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,water for ,tomorrow ,act of #bjbj4 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--,investments in water infrastructure and sustainability,sec4 #aja4 ,findings4,sec4 #ajb4 ,reclamation infrastructure finance and innovation program4,sec4 #ajc4 ,assistance for disadvantaged communities without adequate drinking water4,sec4 #ajd4 ,competitive grant program for the funding of water recycling and reuse projects4,sec4 #aje4 ,increased funding for water management improvement4,sec4 #ajf4 ,rural water supply program reauthorization4,,title ,,ii--,ecosystem protection and restoration,sec4 #bja4 ,competitive grant program for the funding of watershed health projects4,sec4 #bjb4 ,cooperative ,watershed ,management ,program4,sec4 #bjc4 ,support for refuge water deliveries4,sec4 #bjd4 ,drought planning and preparedness for critically important fisheries4,sec4 #bje4 ,aquatic ecosystem restoration4,,title ,,iii--,improved technology and data,sec4 #cja4 ,determination of water supply allocations4,sec4 #cjb4 ,study examining climate vulnerabilities at ,federal dams4 #b4 ,definitions ,in this ,act3 7#a7 ,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#b7 ,relevant committees of congress ,the term relevant committees of ,congress means-- 7,a7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,b7 the ,committee on ,energy and ,natural ,resources of the ,senate4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 ,i ,investments in water infrastructure and sustainability #aja4 ,findings ,congress finds that-- 7#a7 7,a7 everyone has the right to clean and safe drinking water and appropriate sanitation services2 and 7,b7 the ,federal ,government has the responsibility to ensure that the rights described in subparagraph 7,a7 are realized2 7#b7 water is an essential resource for farms1 cities1 and the environment2 7#c7 in order to responsibly and sustainably manage water1 all different types of water1 including water that is stored1 drinking water1 flood waters1 wastewater1 recycled water1 and other types1 should be taken into account2 7#d7 climate change will increase the vulnerability of water supplies for communities and the environment by-- 7,a7 increasing the frequency and magnitude of droughts and extreme precipitation events2 7,b7 increasing air temperatures2 and 7,c7 changing the patterns and volume of precipitation2 7#e7 the water infrastructure of the ,united ,states needs additional investment given the age of the infrastructure and emerging issues1 such as climate change2 7#f7 a diverse portfolio of water management1 storage1 recycling1 and reuse techniques can help to sustainably and responsibly manage water in the ,united ,states2 7#g7 reducing water diversions from rivers and lakes is important to sustain-- 7,a7 native fish and wildlife2 and 7,b7 the communities and ,native ,american ,tribes that depend on a healthy environment2 7#h7 a sustainable water supply relies on-- 7,a7 environmentally sound water storage projects2 7,b7 protection of clean water programs2 7,c7 financing for new technologies2 7,d7 developments and funding for water recycling and reuse projects2 7,e7 improvements to wastewater systems and flood management2 7,f7 increased conservation programs and water efficiency2 and 7,g7 instream flows of adequate quality and quantity that protect native fish and wildlife and the environment2 7#i7 the entire ,western ,united ,states is facing projections of prolonged droughts that will leave ,western ,states facing major water shortages and catastrophic wildfires2 7#aj7 recent periods of severe drought in the ,western ,states have occurred with higher temperatures and reduced snowpack2 7#aa7 the ,colorado ,river has been under drought conditions since #bjjj2 7#ab7 the chances of a climate change-induced megadrought striking the ,southwest and central ,great ,plains are on the rise2 and 7#ac7 robust ,federal investment and support is needed to assist the ,western ,states in developing future drought resiliency in the face of climate change1 which will continue to exacerbate existing water supply challenges in an already arid region of the ,united ,states4 #ajb4 ,reclamation infrastructure finance and innovation program 7a7 ,establishment ,the ,secretary shall establish and carry out a program under which the ,secretary shall provide to eligible entities described in subsection 7c7 financial assistance in accordance with this section to carry out eligible projects described in subsection 7b74 7b7 ,eligible projects and eligible project costs 7#a7 ,in general ,a project eligible to receive assistance under the program under this section is a water supply project described in paragraph 7#b7 that1 as determined by the ,secretary-- 7,a7 is located in-- 7i7 the ,state of ,alaska2 7ii7 the ,state of ,hawaii2 or 7iii7 a ,reclamation ,state2 7,b7 would contribute directly or indirectly 7including through groundwater recharge7 to a safe1 adequate water supply for domestic1 agricultural1 environmental1 municipal1 or industrial use2 7,c7 complies with all applicable ,state and ,federal laws2 7,d7 would provide net ecosystem benefits in excess of required environmental mitigation measures or compliance obligations pursuant to ,state and ,federal law1 as described in paragraph 7#f72 7,e7 uses natural infrastructure and nature-based solutions where practicable2 7,f7 is economically feasible2 and 7,g7 is otherwise eligible for assistance under this section4 7#b7 ,water supply projects ,a water supply project referred to in paragraph 7#a7 is-- 7,a7 a project for the reclamation and reuse of municipal1 industrial1 domestic1 and agricultural wastewater1 and naturally impaired ground water1 which the ,secretary1 acting through the ,commissioner of ,reclamation1 is authorized to undertake2 7,b7 any water infrastructure project not specifically authorized by law that-- 7i7 the ,secretary determines1 through the completion of an appraisal investigation and feasibility study1 would contribute to a safe1 adequate water supply for domestic1 agricultural1 environmental1 municipal1 or industrial use2 and 7ii7 is otherwise eligible for assistance under this section2 7,c7 a new water infrastructure facility project1 including a water conduit1 pipeline1 canal1 pumping1 power1 and any associated facility2 7,d7 a project for enhanced energy efficiency in the operation of a water system2 7,e7 a project for accelerated repair and replacement of all or a portion of an aging water distribution or conveyance facility2 7,f7 a brackish desalination project2 7,g7 a project for the acquisition of real property or an interest in real property for water storage1 reclaimed or recycled water1 or wastewater1 if the acquisition is integral to a project described in subparagraphs 7,a7 through 7,f72 7,h7 a project to deliver water to wildlife refuges2 7,i7 a stormwater capture project2 or 7,j7 a combination of projects1 each of which is eligible under subparagraphs 7,a7 through 7,i71 for which an eligible entity submits a single application4 7#c7 ,eligible project costs ,an eligible project cost that is eligible for assistance under this section-- 7,a7 shall be limited to a nonreimbursable cost for elements of a project that would achieve public benefits under the reclamation laws2 and 7,b7 includes the cost of-- 7i7 development-phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 permitting1 transaction costs1 preliminary engineering and design work1 and other preconstruction activities2 7ii7 construction1 reconstruction1 rehabilitation1 and replacement activities2 7iii7 the acquisition of real property 7including water rights1 land relating to the eligible project1 and improvements to land71 environmental mitigation1 construction contingencies1 and acquisition of equipment2 7iv7 capitalized interest necessary to meet market requirements1 reasonably required reserve funds1 capital issuance expenses1 and other carrying costs during construction2 7v7 refinancing interim construction funding1 long-term project obligations1 or a secured loan1 loan guarantee1 or other credit enhancement made under this section2 7vi7 refinancing long-term project obligations or ,federal credit instruments1 if that refinancing provides additional funding capacity for the completion1 enhancement1 or expansion of any eligible project selected for assistance under this section2 7vii7 reimbursement or success payments to any public or private entity that achieves predetermined outcomes on a pay-for-performance or pay-for-success basis2 and 7viii7 grants1 loans1 or credit enhancement for community development financial institutions1 green banks1 and other financial intermediaries providing ongoing finance for eligible projects that meet the purposes of this section4 7#d7 ,small community projects ,for projects eligible for assistance under this section and section #ejbh7;a77#b77;,b7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #cijg7;a77#b77;,b771 the ,secretary may assist applicants in combining #a or more projects into a single application in order to meet the minimum project cost of #e1jjj1jjj required under that section4 7#e7 ,cost-sharing requirement2 certain uses 7,a7 ,cost sharing ,the ,federal share of the eligible costs of a water supply project under this section shall be not more than #be percent4 7,b7 ,certain uses ,a water supply project that receives assistance under this section may use not more than #e percent of amounts made available under this section to carry out activities to demonstrate progress toward the goals of the water supply project4 7#f7 ,determination of net ecosystem benefits 7,a7 ,draft report 7i7 ,in general ,using the best available scientific information and data1 the ,director of the ,united ,states ,fish and ,wildlife ,service shall prepare a draft report that evaluates the ecosystem impacts and benefits of each proposed water supply project being considered for financial assistance under this section4 7ii7 ,coordination ,a draft report required under clause 7i7 shall be prepared in coordination with the head of the ,state agency with jurisdiction over the fish and wildlife resources of the ,state in which the water supply project is proposed to be carried out4 7iii7 ,applicable law2 requirements ,a draft report prepared under clause 7i7 shall-- 7,i7 meet the requirements of section #b7;b7 of the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffb7;b772 7,,ii7 quantify and estimate the ecosystem benefits and adverse impacts to native fish and wildlife from the proposed water supply project2 and 7,,iii7 evaluate whether the ecosystem benefits of the proposed water supply project are likely to exceed the ecosystem impacts of the proposed water supply project4 7iv7 ,review2 availability ,the ,director of the ,united ,states ,fish and ,wildlife ,service shall ensure that a draft report prepared under clause 7i7 is-- 7,i7 reviewed by independent scientists2 and 7,,ii7 made available for a public review and comment period of not less than #cj days4 7,b7 ,final report 7i7 ,in general ,the ,director of the ,united ,states ,fish and ,wildlife ,service shall prepare a final report based on the applicable draft report prepared under subparagraph 7,a77i71 after considering the results of the independent scientific peer review and public comment processes under subparagraph 7,a77iv74 7ii7 ,transmission2 availability ,a final report prepared under clause 7i7 shall be-- 7,i7 transmitted to-- 7aa7 the project applicant2 7bb7 the relevant ,state agency2 and 7cc7 the relevant committees of ,congress2 and 7,,ii7 made available to the public4 7iii7 ,determination ,if a final report prepared under clause 7i7 determines that the water supply project provides net ecosystem benefits1 the proposed water supply project shall be eligible for financial assistance under this section4 7iv7 ,recommendations ,if a final report determines that the proposed water supply project fails to provide a net ecosystem improvement1 the final report may identify potential recommendations to reduce adverse environmental impacts and improve environmental benefits of the proposed water supply project4 7v7 ,final agency action ,a final report prepared under clause 7i7 shall be considered to be a final agency action for purposes of section #gjd of title #e1 ,united ,states ,code4 7vi7 ,judicial review ,a final report prepared under clause 7i7 shall be subject to review in the ,federal district court of the ,state in which the project is proposed to be constructed if a petition for review is filed with the court not later than #ahj days after the date on which the final report is transmitted under clause 7ii74 7c7 ,eligible entities ,the following entities are eligible to receive assistance under this section3 7#a7 ,an entity described in section #ejbe of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #cijd74 7#b7 ,a conservancy district1 ,reclamation district1 or irrigation district4 7#c7 ,a canal company or mutual water company4 7#d7 ,a water users' association4 7#e7 ,an agency established by an interstate compact4 7#f7 ,any other individual or entity that has the capacity to contract with the ,united ,states under the reclamation laws4 7d7 ,requirements 7#a7 ,project selection ,in selecting eligible projects to receive assistance under the program under this section1 the ,secretary shall ensure diversity with respect to-- 7,a7 project type2 and 7,b7 geographical location within the ,states referred to in subsection 7b77#a77;,a74 7#b7 ,priority ,in selecting eligible projects to receive assistance under this section1 the ,secretary shall prioritize projects that-- 7,a7 would benefit-- 7i7 low-income communities2 or 7ii7 7,i7 communities particularly at risk to the impacts of climate change2 and 7,,ii7 environmentally at-risk communities2 7,b7 to the maximum extent practicable1 incorporate green and natural infrastructure components2 and 7,c7 achieve multiple public benefits4 7#c7 ,importation of other requirements ,the following provisions of law shall apply to the program under this section3 7,a7 ,sections #ejbb1 #ejbd1 #ejbg1 #ejbh1 #ejbi1 #ejcj1 #ejca1 #ejcb1 and #ejcd7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #cija1 #cijc1 #cijf1 #cijg1 #cijh1 #ciji1 #ciaj1 #ciaa1 and #ciac7;a771 except that-- 7i7 any reference contained in those sections to the ,secretary of the ,army shall be considered to be a reference to the ,secretary2 7ii7 any reference contained in those sections to an eligible project shall be considered to be a reference to an eligible project described in subsection 7b72 7iii7 paragraphs 7#a77;,e7 and 7#f77;,b7 of subsection 7a71 and subsection 7b77#c71 of section #ejbh of that ,act 7#cc ,u4,s4,c4 #cijg7 shall not apply with respect to this section2 and 7iv7 subsections 7e7 and 7f7 of section #ejcj of that ,act 7#cc ,u4,s4,c4 #ciji7 shall not apply with respect to this section4 7,b7 ,the agreement between the ,administrator of the ,environmental ,protection ,agency and the ,commissioner of ,reclamation required under section #dcja of the ,america's ,water ,infrastructure ,act of #bjah 7,public ,law #aae-bgj74 7,c7 ,other applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out the program under this section #aej1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 7#b7 ,administrative costs ,of the funds made available under paragraph 7#a71 the ,secretary may use for administrative costs of carrying out the program under this section 7including for the provision of technical assistance to project sponsors pursuant to paragraph 7#c71 to obtain any necessary approval1 and for transfer to the ,administrator of the ,environmental ,protection ,agency to provide assistance in administering and servicing ,federal credit instruments under the program7 not more than #e1jjj1jjj for each applicable fiscal year4 7#c7 ,small community projects 7,a7 ,in general ,subject to subparagraph 7,b71 the ,commissioner may use the funds made available under paragraph 7#b7 to provide assistance1 including assistance to pay the costs of acquiring the rating opinion letters under paragraph 7#a77;,d7 of section #ejbh7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #cijg7;a771 to assist project sponsors in obtaining the necessary approvals for small community projects that are eligible for assistance under paragraph 7#b77;,b7 of that section or subsection 7b77#c74 7,b7 ,limitation ,assistance provided to a project sponsor under subparagraph 7,a7 may not exceed an amount equal to #ge percent of the total administrative costs incurred by the project sponsor in securing financial assistance under this section4 7f7 ,limitation ,no eligible project that receives assistance under this section may be financed 7directly or indirectly71 in whole or in part1 with proceeds of any obligation the interest on which is exempt from the tax imposed under chapter #a of the ,internal ,revenue ,code of #aihf4 7g7 ,effect ,nothing in this section affects the authority of a ,state or a political subdivision of a ,state to apply and enforce any environmental laws 7including regulations7 with respect to an eligible project provided assistance under this section4 #ajc4 ,assistance for disadvantaged communities without adequate drinking water 7a7 ,in general ,the ,secretary shall provide grants within the ,reclamation ,states to assist eligible applicants in planning1 designing1 or carrying out projects to help disadvantaged communities-- 7#a7 meet the primary drinking water standards set by the ,federal ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 or 7#b7 address a significant decline in the quantity or quality of drinking water4 7b7 ,eligible applicants ,to be eligible to receive a grant under this section1 an applicant shall submit an application to the ,secretary that includes a proposal of the project or activity in subsection 7c7 to be planned1 designed1 constructed1 or implemented1 the service area of which-- 7#a7 shall not be located in any city or town with a population of more than #fj1jjj residents2 and 7#b7 has a median household income of less than #ajj percent of the nonmetropolitan median household income of the ,state4 7c7 ,eligible projects ,projects eligible for grants under this program may be used for-- 7#a7 emergency water supplies2 7#b7 point-of-use treatment and point-of-entry systems2 7#c7 distributed treatment facilities2 7#d7 construction of new wells and connections to existing water source systems2 7#e7 water distribution facilities2 7#f7 connection fees to existing systems2 7#g7 assistance to households to connect to water facilities2 7#h7 local resource sharing1 including voluntary agreements between water systems to jointly contract for services or equipment1 or to study or implement the physical consolidation of #b or more water systems2 7#i7 technical assistance1 planning1 and design for any of the activities described in paragraphs 7#a7 through 7#h72 or 7#aj7 any combination of activities described in paragraphs 7#a7 through 7#i74 7d7 ,prioritization ,in determining priorities for funding projects1 the ,secretary shall take into consideration-- 7#a7 where water outages or the failure to meet drinking water standards-- 7,a7 are most serious2 and 7,b7 pose the greatest threat to public health and safety2 7#b7 the degree to which the project provides a long-term solution to the water needs of the community2 and 7#c7 whether the applicant has the ability to qualify for alternative funding sources4 7e7 ,maximum amount ,the amount of a grant provided under this section may be up to #ajj percent of costs1 including-- 7#a7 initial operation costs incurred for startup and testing of project facilities2 7#b7 costs of 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 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj1 to remain available until expended4 7g7 ,coordination required ,in carrying out this section1 the ,secretary shall consult with the ,secretary of ,agriculture and the ,administrator of the ,environmental ,protection ,agency to identify opportunities to improve the efficiency1 effectiveness1 and impact of grants provided under this section and under comparable programs that address water and wastewater supply1 quality1 and treatment needs in disadvantaged communities4 #ajd4 ,competitive grant program for the funding of water recycling and reuse projects 7a7 ,competitive grant program for the funding of water recycling and reuse projects ,section #afjb7;f7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7f77 is amended by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,priority ,in providing grants under paragraph 7#a71 the ,secretary shall give priority to projects that-- 7,a7 are likely to provide a more-reliable water supply for a unit of ,state1 local1 or ,tribal government2 7,b7 are likely to increase the water management flexibility and reduce impacts on environmental resources2 7,c7 are regional in nature2 7,d7 involve multiple stakeholders2 7,e7 provide multiple benefits1 including water supply reliability1 ecosystem benefits1 groundwater management and enhancements1 and water quality improvements2 7,f7 would benefit low-income communities2 or 7,g7 would protect communities particularly at risk to climate change and environmental degradation4 4 7b7 ,authorization of appropriations ,section #afjb7;g7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7g77 is amended-- 7#a7 in paragraph 7#a71 by striking #ej1jjj1jjj and inserting #ejj1jjj1jjj2 and 7#b7 in paragraph 7#b71 by striking if enacted appropriations legislation designates funding to them by name14 7c7 ,limitation on funding ,section #afca7;d77#a7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h-#ac7;d77#a77 is amended by striking #bj1jjj1jjj 7,october #aiif prices7 and inserting #cj1jjj1jjj 7,january #bjai prices74 #aje4 ,increased funding for water management improvement ,section #iejd7;e7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;e77 is amended by striking #ecj1jjj1jjj and inserting #gjj1jjj1jjj for fiscal year #bjba and each fiscal year thereafter4 #ajf4 ,rural water supply program reauthorization 7a7 ,authorization of appropriation ,section #aji7;a7 of the ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdjh7;a77 is amended by striking #ae1jjj1jjj for each of fiscal years #bjjg through #bjaf and inserting #ej1jjj1jjj for each of fiscal years #bjba through #bjbf4 7b7 ,termination of authority ,section #aaj of the ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdji7 is amended by striking #bjaf and inserting #bjbf4 ,,ii ,ecosystem protection and restoration #bja4 ,competitive grant program for the funding of watershed health projects 7a7 ,in general ,not later than #a year after the date of enactment of this ,act and in accordance with this section1 the ,secretary1 in consultation with the heads of relevant agencies1 shall establish a competitive grant program to award grants to an eligible entity for habitat restoration projects that improve watershed health in a ,reclamation ,state and accomplish #a or more of the following benefits3 7#a7 ,ecosystem benefits4 7#b7 ,restoration of native species beyond existing or planned measures necessary to meet ,state or ,federal laws for species recovery4 7#c7 ,protection against invasive species4 7#d7 ,restoration of aspects of the natural ecosystem4 7#e7 ,enhancement of commercial and recreational fishing4 7#f7 ,enhancement of river-based recreation such as kayaking1 canoeing1 and rafting4 7#g7 ,mitigate against the impacts of climate change to fish and wildlife habitats4 7b7 ,requirements 7#a7 ,in general ,in awarding a grant under subsection 7a71 the ,secretary-- 7,a7 shall give priority to a project that achieves more than #a of the benefits listed in subsection 7a72 and 7,b7 may not provide a grant for a project that is for the purpose of meeting existing environmental mitigation or compliance obligations under ,state or ,federal law4 7#b7 ,compliance ,a project awarded a grant under subsection 7a7 shall comply with all applicable ,federal and ,state laws4 7c7 ,definition of eligible entity ,in this section1 the term eligible entity means a ,state1 ,indian ,tribe1 nonprofit conservation organization operating in a ,reclamation ,state1 irrigation district1 water district1 or other organization with water or power delivery authority4 7d7 ,public participation ,before the establishment of the program under subsection 7a71 the ,secretary shall-- 7#a7 provide notice of and1 for a period of not less than #ij days1 an opportunity for public comment on1 any draft or proposed version of the program requirements in accordance with this section2 and 7#b7 consider public comments received in developing the final program requirements4 7e7 ,report ,not later than ,october #a1 #bjbb1 and every #b years thereafter1 the ,secretary shall submit to ,congress a report summarizing the environmental performance of activities that are receiving1 or have received1 assistance under the program authorized by this section4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aej1jjj1jjj for each fiscal year through fiscal year #bjbf1 to remain available until expended4 #bjb4 ,cooperative ,watershed ,management ,program 7a7 ,definitions ,section #fjja of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #ajae7 is amended-- 7#a7 by redesignating paragraphs 7#b7 through 7#f7 as paragraphs 7#c7 through 7#g71 respectively2 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,disadvantaged community ,the term disadvantaged community means a community 7including a city1 town1 county1 or reasonably isolated and divisible segment of a larger municipality7 with an annual median household income that is less than #ajj percent of the statewide annual median household income for the ,state in which the community is located1 according to the most recent decennial census4 2 7#c7 in paragraph 7#f77;,b77i7 7as so redesignated7-- 7,a7 in subclause 7,,viii71 by striking and at the end2 7,b7 in subclause 7,,ix71 by adding and after the semicolon at the end2 and 7,c7 by adding at the end the following3 7,x7 disadvantaged communities2 2 and 7#d7 in paragraph 7#g7 7as so redesignated7-- 7,a7 in subparagraph 7,d71 by striking or at the end2 7,b7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7,c7 by inserting after subparagraph 7,d7 the following3 7,e7 generates environmental benefits1 such as benefits to fisheries1 wildlife and habitat1 and water quality and water-dependent ecological systems1 and water supply benefits for agricultural or urban water users2 or 4 7b7 ,application ,section #fjjb of the ,omnibus ,public ,lands ,management ,act 7#af ,u4,s4,c4 #ajae;a7 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,establishment of application process2 criteria ,not later than ,march #cj1 #bjba1 the ,secretary shall update-- 7#a7 the application process for the program2 and 7#b7 in consultation with the ,states1 the prioritization and eligibility criteria for considering applications submitted in accordance with the application process4 2 and 7#b7 by striking subsection 7g7 and inserting the following3 7g7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #bj1jjj1jjj for each of fiscal years #bjab through #bjbj2 and 7#b7 #dj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #bjc4 ,support for refuge water deliveries 7a7 ,report on historic refuge water deliveries ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall submit to the relevant committees of ,congress and make publicly available a report that describes the following3 7#a7 ,compliance with section #cdjf7;d77#a7 and section #cdjf7;d77#b7 of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege7 in each of years #aiib through #bjah1 including an indication of the amount of water identified as the ,level #b amount and incremental ,level #d amount for each wetland area4 7#b7 ,the difference between the mandated quantity of water to be delivered to each wetland habitat area described in section #cdjf7;d77#b7 and the actual quantity of water delivered since ,october #cj1 #aiib1 including a listing of every year in which the full delivery of water to wetland habitat areas was achieved in accordance with level #d of the ,dependable ,water ,supply ,needs table1 described in section #cdjf7;d77#b7 of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege74 7#c7 ,which of the authorities granted to the ,secretary under ,public ,law #ajb-ege to achieve the full level #d deliveries of water to wetland habitat areas was employed in achieving the increment of water delivery above the ,level #b amount for each wetland habitat area1 including whether water conservation1 conjunctive use1 water purchases1 water leases1 donations1 water banking1 or other authorized activities have been used and the extent to which such authorities have been used4 7#d7 ,an assessment of the degree to which the elimination of water transaction fees for the donation of water rights to wildlife refuges would help advance the goals of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege74 7b7 ,priority construction list ,the ,secretary shall establish1 through a public process and in consultation with the ,interagency ,refuge ,water ,management ,team1 a priority list for the completion of the conveyance construction projects at the wildlife habitat areas described in section #cdjf7;d77#b7 of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege71 including the ,mendota ,wildlife ,area1 ,pixley ,national ,wildlife ,refuge and ,sutter ,national ,wildlife ,refuge4 7c7 ,ecological monitoring and evaluation program ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 shall design and implement an ecological monitoring and evaluation program1 for all ,central ,valley wildlife refuges1 that produces an annual report based on existing and newly collected information1 including-- 7#a7 the ,united ,states ,fish and ,wildlife ,service ,animal ,health ,lab disease reports2 7#b7 mid-winter waterfowl inventories2 7#c7 nesting and brood surveys2 7#d7 additional data collected regularly by the refuges1 such as herptile distribution and abundance2 7#e7 a new coordinated systemwide monitoring effort for at least #a key migrant species and #b resident species listed as threatened and endangered pursuant to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 7including one warm-blooded and one cold-blooded71 that identifies population numbers and survival rates for the #c previous years2 and 7#f7 an estimate of the bioenergetic food production benefits to migrant waterfowl1 consistent with the methodology used by the ,central ,valley ,joint ,venture1 to compliment and inform the ,central ,valley ,joint ,venture implementation plan4 7d7 ,adequate staffing for refuge water delivery objectives ,the ,secretary shall ensure that adequate staffing is provided to advance the refuge water supply delivery objectives under the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege74 7e7 ,funding ,there is authorized to be appropriated #be1jjj1jjj to carry out subsections 7a7 through 7d71 which shall remain available until expended4 7f7 ,effect on other funds ,amounts authorized under this section shall be in addition to amounts collected or appropriated under the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege74 #bjd4 ,drought planning and preparedness for critically important fisheries 7a7 ,definitions ,in this section3 7#a7 ,critically important fisheries ,the term critically important fisheries means-- 7,a7 commercially and recreationally important fisheries located within the ,reclamation ,states2 7,b7 fisheries containing fish species that are listed as threatened or endangered pursuant to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 within the ,reclamation ,states2 or 7,c7 fisheries used by ,indian ,tribes within the ,reclamation ,states for ceremonial1 subsistence1 or commercial purposes4 7#b7 ,qualified tribal government ,the term qualified ,tribal ,government means any government of an ,indian ,tribe that the ,secretary determines-- 7,a7 is involved in fishery management and recovery activities including under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7,b7 has the management and organizational capability to maximize the benefits of assistance provided under this section4 7b7 ,drought plan for critically important fisheries ,not later than ,january #a1 #bjba1 and every #c years thereafter1 the ,secretary1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service shall1 in consultation with the ,national ,marine ,fisheries ,service1 the ,bureau of ,reclamation1 the ,army ,corps of ,engineers1 ,state fish and wildlife agencies1 and affected ,indian ,tribes1 prepare a plan to sustain the survival of critically important fisheries within the ,reclamation ,states during future periods of extended drought4 ,the plan shall focus on actions that can aid the survival of critically important fisheries during the driest years4 ,in preparing such plan1 the ,director shall consider-- 7#a7 habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts2 7#b7 relocating the release location and timing of hatchery fish to avoid predation and temperature impacts2 7#c7 barging of hatchery release fish to improve survival and reduce straying2 7#d7 coordination with water users1 the ,bureau of ,reclamation1 ,state fish and wildlife agencies1 and interested public water agencies regarding voluntary water transfers1 including through groundwater substitution activities1 to determine if water releases can be collaboratively managed in a way that provides additional benefits for critically important fisheries without negatively impacting wildlife habitat2 7#e7 hatchery management modifications1 such as expanding hatchery production of fish during the driest years1 if appropriate for a particular river basin2 7#f7 hatchery retrofit projects1 such as the installation and operation of filtration equipment and chillers1 to reduce disease outbreaks1 egg mortality and other impacts of droughts and high water temperatures2 7#g7 increasing rescue operations of upstream migrating fish2 7#h7 improving temperature modeling and related forecasted information to predict water management impacts to the habitat of critically important fisheries with a higher degree of accuracy than current models2 7#i7 testing the potential for parentage-based tagging and other genetic testing technologies to improve the management of hatcheries2 7#aj7 programs to reduce predation losses at artificially created predation hot spots2 and 7#aa7 retrofitting existing water facilities to provide improved temperature conditions for fish4 7c7 ,public comment ,the ,director of the ,united ,states ,fish and ,wildlife ,service shall provide for a public comment period of not less than #ij days before finalizing a plan under subsection 7a74 7d7 ,authorization of appropriations for fish recovery efforts ,there is authorized to be appropriated #be1jjj1jjj for the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjba for fish1 stream1 and hatchery activities related to fish recovery efforts1 including work with the ,national ,marine ,fisheries ,service1 the ,bureau of ,reclamation1 the ,army ,corps of ,engineers1 ,state fish and wildlife agencies1 or a qualified ,tribal ,government4 7e7 ,effect ,nothing in this section is intended to expand1 diminish1 or affect any obligation under ,federal or ,state environmental law4 #bje4 ,aquatic ecosystem restoration 7a7 ,general authority ,subject to the requirements of this section1 on request of any eligible entity the ,secretary may negotiate and enter into an agreement on behalf of the ,united ,states to fund the design1 study1 and construction of an aquatic ecosystem restoration and protection project if the ,secretary determines that the project is likely to improve the quality of the environment in a ,reclamation ,state by improving fish passage through the removal or bypass of barriers to fish passage4 7b7 ,requirements ,construction of a project under this section shall be a voluntary project initiated only after-- 7#a7 an eligible entity has entered into an agreement with the ,secretary to pay no less than #ce percent of the costs of project construction2 and 7#b7 the ,secretary determines the proposed project-- 7,a7 will not result in an unmitigated adverse impact on fulfillment of existing water delivery obligations consistent with historical operations and applicable contracts2 7,b7 will not result in an unmitigated adverse effect on the environment2 7,c7 is consistent with the responsibilities of the ,secretary-- 7i7 in the role as trustee for federally recognized ,indian ,tribes2 and 7ii7 to ensure compliance with any applicable international and ,tribal treaties and agreements and interstate compacts and agreements2 7,d7 is in the financial interest of the ,united ,states based on a determination that the project advances ,federal objectives including environmental enhancement objectives in a ,reclamation ,state2 and 7,e7 protects the public aspects of the eligible facility1 including water rights managed for public purposes1 such as flood control or fish and wildlife4 7c7 ,environmental laws ,in participating in a project under this section1 the ,secretary shall comply with all applicable ,federal environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 and all ,state environmental laws of the ,reclamation ,state in which the project is located involving the construction1 expansion or operation of a water storage project or fish and wildlife protection1 provided that no law or regulation of a ,state or political subdivision of a ,state relieve the ,secretary of any ,federal requirement otherwise applicable under this section4 7d7 ,funding ,there is authorized to be appropriated to carry out this section #be1jjj1jjj for each fiscal year through fiscal year #bjbf1 to remain available until expended4 7e7 ,definition of eligible entity ,in this section1 the term eligible entity means any ,reclamation ,state1 any department1 agency1 or subdivision of a ,reclamation ,state1 any public agency organized pursuant to the laws of a ,reclamation ,state1 an ,indian ,tribe1 or a nonprofit organization operating in a ,reclamation ,state4 7f7 ,priority for projects providing public safety and regional benefits ,when funding projects under this section1 the ,secretary shall prioritize projects that-- 7#a7 are likely to provide public safety benefits2 and 7#b7 are regional in nature1 including projects that span two or more river basins4 ,,iii ,improved technology and data #cja4 ,determination of water supply allocations 7a7 ,snowpack measurement data ,when determining water supply allocations1 the ,secretary1 acting through the ,commissioner of the ,bureau of ,reclamation1 shall incorporate to the greatest extent practicable information from emerging technologies for snowpack measurement such as-- 7#a7 synthetic aperture radar2 7#b7 laser altimetry2 or 7#c7 any other emerging technologies that can provide more accurate or timely snowpack measurement data as determined by the ,secretary4 7b7 ,coordination ,in carrying out subsection 7a71 the ,secretary may coordinate data use and collection efforts with other ,federal agencies and bureaus that currently use or may benefit from the use of emerging technologies for snowpack measurement4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #e1jjj1jjj to carry out this section4 7d7 ,report ,not later than ,october #a1 #bjbb1 the ,secretary shall submit to ,congress a report summarizing the use of emerging technologies pursuant to this section and describe any benefits derived from the use of such technologies related to the environment and increased water supply reliability4 #cjb4 ,study examining climate vulnerabilities at ,federal dams 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall make appropriate arrangements with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7referred to in this section as the ,national ,academies7 under which the ,national ,academies shall conduct an independent study to-- 7#a7 examine the projected impact of climate change on the safety of ,bureau of ,reclamation dams2 and 7#b7 evaluate and list the ,bureau of ,reclamation dams that are most vulnerable to climate change related safety risks based on an assessment of climate change related impacts on-- 7,a7 the frequency of heavy precipitation events2 and 7,b7 other factors that influence the magnitude and severity of flooding events including snow cover and snowmelt1 vegetation1 and soil moisture4 7b7 ,report ,in entering into an arrangement under subsection 7a71 the ,secretary shall request that the ,national ,academies-- 7#a7 transmit to the ,secretary and to the relevant committees of ,congress a report not later than #bd months after the date of enactment of this ,act that includes the results of the study2 and 7#b7 consider any previous studies or evaluations conducted or completed by the ,bureau of ,reclamation or local water agencies on climate change impacts to dams1 facilities1 and watersheds as a reference and source of information during the development of the independent study4