,,ii #aagth ,,congress #ast ,session ,s4 #bahe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bc1 #bjba,mr4 ,barrasso introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to reauthorize certain ,bureau of ,reclamation programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,western ,water ,infrastructure ,act of #bjba4 #b4 ,definitions ,in this ,act3 7#a7 ,grandfathered project ,the term grandfathered project means a project that has been included in a feasibility level study by the ,secretary that was commenced1 including at the appraisal level1 on or before ,january #a1 #bjba1 in anticipation of ,federal funding or recommended by the ,secretary and approved by an ,act of ,congress prior to the date of enactment of this ,act pursuant to-- 7,a7 section #djjg of the ,,wiin ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb72 7,b7 section #d7;a77#b7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih72 or 7,c7 section #afjb7;e7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7e774 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation4 #c4 ,reauthorization of certain reclamation programs 7a7 ,water storage program ,section #djjg of the ,,wiin ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb7 is amended-- 7#a7 in subsection 7h7-- 7,a7 in paragraph 7#a71 by striking 7#a7 #cce1jjj1jjj and inserting the following3 7#a7 ,in general #a1fjj1jjj1jjj 2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,requirement 7,a7 ,in general ,subject to subparagraph 7,b71 a project may only receive funding under this section if the project has been included in an ,act of ,congress that specifically approves a project recommendation in an annual report issued in accordance with section #e of the ,western ,water ,infrastructure ,act of #bjba4 7,b7 ,limitation ,subparagraph 7,a7 shall not apply to a grandfathered project 7as defined in section #b of the ,western ,water ,infrastructure ,act of #bjba74 2 7#b7 by striking subsection 7i72 and 7#c7 by redesignating subsections 7j7 and 7k7 as subsections 7i7 and 7j71 respectively4 7b7 ,eligible desalination projects ,section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 by redesignating the second paragraph 7#a7 7relating to eligible desalination projects7 as paragraph 7#b72 and 7#b7 in subparagraph 7,f7 of paragraph 7#b7 7as so redesignated7-- 7,a7 in clause 7i7-- 7i7 by striking 7i7 #cj1jjj1jjj and inserting the following3 7i7 ,in general #abe1jjj1jjj 2 and 7ii7 by striking 2 and and at the end and inserting a period2 and 7,b7 by striking clause 7ii7 and inserting the following3 7ii7 ,requirement 7,i7 ,in general ,subject to subclause 7,,ii71 a project may only receive funding under this section if the project has been included in an ,act of ,congress that specifically approves a project recommendation in an annual report issued in accordance with section #e of the ,western ,water ,infrastructure ,act of #bjba4 7,,ii7 ,limitation ,subclause 7,i7 shall not apply to a grandfathered project 7as defined in section #b of the ,western ,water ,infrastructure ,act of #bjba74 4 7c7 ,reclamation and reuse of wastewater and groundwater ,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#a7-- 7,a7 by striking the paragraph designation and all that follows through ,there is and inserting the following3 7,a7 ,in general ,there is 2 and 7,b7 by striking #ej1jjj1jjj and inserting #cge1jjj1jjj2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,requirement 7,a7 ,in general ,subject to subparagraph 7,b71 a project may only receive funding under this section if the project has been included in an ,act of ,congress that specifically approves a project recommendation in an annual report issued in accordance with section #e of the ,western ,water ,infrastructure ,act of #bjba4 7,b7 ,limitation ,subparagraph 7,a7 shall not apply to a grandfathered project 7as defined in section #b of the ,western ,water ,infrastructure ,act of #bjba74 4 7d7 ,duration of certain reclamation projects ,section #djac of the ,,wiin ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb7 is amended-- 7#a7 in paragraph 7#a71 by striking 2 and at the end2 7#b7 in paragraph 7#b71 by striking the period at the end the following and inserting 2 and2 and 7#c7 by adding at the end the following3 7#b7 sections #djjf1 #djjg 7other than a project under construction under that section that is covered by paragraph 7#b771 #djjh1 #djji 7other than a project under construction under the amendment made by subsection 7a7 or 7c7 of section #djji that is covered by paragraph 7#b771 and #djaa 7including any amendments made by those sections71 which shall expire #e years after the date of enactment of the ,western ,water ,infrastructure ,act of #bjba4 4 7e7 ,applicable law ,a grandfathered project shall continue to be subject to the applicable requirements of the following3 7#a7 ,section #djjg of the ,,wiin ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb74 7#b7 ,section #d7;a77#b7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih74 7#c7 ,section #afjb7;e7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7e774 #d4 ,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 #gjj1jjj1jjj and inserting #a1jjj1jjj1jjj4 #e4 ,annual report to congress on future western water storage projects 7a7 ,definitions ,in this section3 7#a7 ,annual report ,the term annual report means a report required under subsection 7b77#a74 7#b7 ,authorized reclamation project 7,a7 ,in general ,the term authorized ,reclamation project means a project authorized under-- 7i7 section #djjg of the ,,wiin ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb72 7ii7 section #d7;a77#b7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih72 or 7iii7 section #afjb7;e7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7e774 7,b7 ,exclusion ,the term authorized ,reclamation project does not include a grandfathered project4 7#c7 ,authorizing committees of congress ,the term authorizing committees of ,congress means-- 7,a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7b7 ,annual report 7#a7 ,in general ,not later than ,february #a of each year1 the ,secretary shall develop and submit to the authorizing committees of ,congress a report1 to be entitled ,report to ,congress on ,future ,water ,storage ,projects 1 that identifies each authorized ,reclamation project that the ,secretary has determined meets the criteria and eligibility requirements under subsection 7a7 or 7b7 of section #djjg of the ,,wiin ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb71 section #d7;a77#b7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih71 or section #afjb7;e7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7e771 as applicable4 7#b7 ,transparency ,for each authorized ,reclamation project included in the annual report under paragraph 7#a71 the ,secretary shall include-- 7,a7 the name of the associated non-,federal entity1 including the name of any non-,federal entity that has contributed1 or is expected to contribute1 a non-,federal share of the cost of the authorized ,reclamation project2 7,b7 a letter or statement of support from each associated non-,federal entity2 and 7,c7 a summary of the basis for the determination of the ,secretary that the authorized ,reclamation project meets the eligibility requirements referred to in paragraph 7#a71 including an estimate1 to the maximum extent practicable1 of the monetary and nonmonetary benefits of the authorized ,reclamation project4 #f4 ,contracts for enhanced inspection 7a7 ,definitions ,in this section3 7#a7 ,aging infrastructure ,the term aging infrastructure means any infrastructure subject to an enhanced inspection under this section that is associated with a facility that-- 7,a7 was constructed by the ,bureau of ,reclamation 7or a precursor to the ,bureau of ,reclamation71 in accordance with the reclamation laws2 and 7,b7 is greater than #ej years old as of the date of the enhanced inspection4 7#b7 ,enhanced inspection ,the term enhanced inspection means an inspection that uses current or innovative technology1 including ,light ,detection and ,ranging 7commonly known as ,li,d,a,r71 ground penetrating radar1 subsurface imaging1 or subsurface geophysical techniques1 to detect whether the features of aging infrastructure-- 7,a7 7i7 are structurally sound2 and 7ii7 can operate as intended2 or 7,b7 are at risk of failure4 7#c7 ,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 ,act 7#dc ,u4,s4,c4 #cga et seq4774 7b7 ,enhanced inspection 7#a7 ,in general ,the ,secretary may carry out enhanced inspections of aging infrastructure1 pursuant to a contract with the owner or operator of the aging infrastructure4 7#b7 ,certain circumstances ,subject to the availability of appropriations or funds otherwise available pursuant to subsection 7d71 the ,secretary shall enter into a contract described in paragraph 7#a71 if the owner or operator of the aging infrastructure requests that the ,secretary carry out the enhanced inspections4 7#c7 ,reimbursability ,any ,federal funds used to carry out the enhanced inspections under this section are nonreimbursable4 7c7 ,limitation ,the ,secretary shall not require an owner or operator of a project under the jurisdiction of another ,federal agency to carry out corrective or remedial actions in response to an enhanced inspection carried out under this section4 7d7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj1 to remain available until expended4 7#b7 ,acceptance of funds ,the ,secretary may-- 7,a7 accept funds from an owner or operator of aging infrastructure to carry out an enhanced inspection of the aging infrastructure under this section2 and 7,b7 use the funds accepted under subparagraph 7,a7 to carry out an enhanced inspection of the aging infrastructure pursuant to a contract entered into with the owner or operator under this section4 #g4 ,reservoir sediment management 7a7 ,definition of sediment management plan ,in this section1 the term sediment management plan means a plan for-- 7#a7 preventing sediment from reducing water storage capacity at a reservoir2 and 7#b7 increasing water storage capacity through sediment removal at a reservoir4 7b7 ,sediment management program ,the ,secretary shall carry out a program for the development and implementation of sediment management plans for reservoirs owned by the ,secretary1 on request by project beneficiaries4 7c7 ,plan elements ,a sediment management plan under subsection 7b7 shall-- 7#a7 provide opportunities for ,states1 project beneficiaries1 and other stakeholders to participate in sediment management decisions2 7#b7 evaluate the volume of sediment in a reservoir and impacts on project purposes1 including storage capacity2 7#c7 identify sediment management options1 including sediment dikes and dredging2 7#d7 identify constraints2 7#e7 assess technical feasibility1 economic justification1 and environmental impacts2 7#f7 identify beneficial uses for sediment2 and 7#g7 to the maximum extent practicable1 use1 develop1 and demonstrate innovative1 cost-saving technologies1 including structural and nonstructural technologies and designs1 to manage sediment4 7d7 ,justification ,in determining the economic justification of a sediment management plan under subsection 7b71 the ,secretary shall-- 7#a7 measure and include flooding1 erosion1 and accretion damages upstream and downstream of the reservoir that are likely to occur as a result of sediment management within the reservoir compared to the damages that are likely to occur if the sediment management plan is not implemented2 and 7#b7 include-- 7,a7 lifecycle costs2 and 7,b7 a #ajj-year period of analysis4 7e7 ,prioritization of sediment management plans ,in carrying out the program under this section1 the ,secretary shall give priority to developing and implementing sediment management plans that affect reservoirs that cross ,state lines4 7f7 ,cost share 7#a7 ,in general ,the beneficiaries requesting a sediment management plan shall share in the cost of development and implementation of the sediment management plan4 7#b7 ,allocation ,there shall be allocated-- 7,a7 among the beneficiaries described in paragraph 7#a7 the reimbursable costs of developing and implementing the sediment management plan2 and 7,b7 to the ,secretary the nonreimbursable costs of any other public benefits identified in the sediment management plan4 7g7 ,contributed funds ,the ,secretary may accept funds from non-,federal entities and other ,federal agencies to develop and implement a sediment management plan under this section4 7h7 ,guidance ,the ,secretary shall use the knowledge gained through the development and implementation of sediment management plans under subsection 7b7 to develop guidance for sediment management at other reservoirs4 7i7 ,partnership with the chief of engineers 7#a7 ,in general ,the ,secretary shall carry out the program established under this section in partnership with the ,secretary of the ,army1 acting through the ,chief of ,engineers1 which shall apply to reservoirs managed or owned by the ,corps of ,engineers4 7#b7 ,memorandum of agreement ,for sediment management plans that apply to a reservoir managed or owned by the ,corps of ,engineers under paragraph 7#a71 the ,secretary and the ,secretary of the ,army shall execute a memorandum of agreement establishing-- 7,a7 the framework for a partnership2 and 7,b7 the terms and conditions for sharing expertise and resources4 7#c7 ,payments ,the ,secretary may accept and expend funds from the ,secretary of the ,army any work under this subsection at a reservoir managed or owned by ,corps of ,engineers4 7#d7 ,lead agency ,the ,secretary or the ,secretary of the ,army1 as applicable1 based on who has primary jurisdiction over a reservoir1 shall take the lead in developing and implementing a sediment management plan for the reservoir4 7j7 ,other authorities not affected ,nothing in this section affects-- 7#a7 sediment management2 or 7#b7 the share of costs paid by ,federal and non-,federal entities relating to sediment management under any other provision of law 7including regulations74 7k7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj1 to remain available until expended4 #h4 ,elimination of ,bureau of ,reclamation maintenance backlog 7a7 ,in general ,the ,secretary shall use amounts made available under subsection 7b7-- 7#a7 to carry out activities to reduce or eliminate all major rehabilitation and replacement needs of the ,bureau of ,reclamation1 as identified in an ,asset ,management ,report 7as defined in section #hfja of the ,john ,d4 ,dingell1 ,jr4 ,conservation1 ,management1 and ,recreation ,act 7#dc ,u4,s4,c4 #eje;a772 or 7#b7 to support the rehabilitation1 reconstruction1 or replacement of any dam-- 7,a7 the construction of which began on or after ,january #a1 #aije2 7,b7 that was developed pursuant to section #d of the ,act of ,august #ah1 #ahid 7commonly known as the ,carey ,act7 7#bh ,stat4 #dbb1 chapter #cja2 #dc ,u4,s4,c4 #fda72 7,c7 that the ,governor of the ,state in which the dam is located has-- 7i7 determined reached the useful life of the dam2 7ii7 determined poses significant health and safety concerns2 and 7iii7 requested ,federal support2 and 7,d7 for which the estimated rehabilitation1 reconstruction1 or replacement1 engineering1 and permitting costs would exceed #ej1jjj1jjj4 7b7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out this section #e1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7#b7 ,reimbursement of costs ,amounts made available to the ,secretary under paragraph 7#a7 for maintenance activities at reserved works and transferred works identified in the report described in subsection 7a77#a7 that are considered to be reimbursable costs under existing contracts shall be afforded the repayment terms provided under section #ifjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj;b74