,,ii #aagth ,,congress #b;d ,session ,s4 #dbca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ag1 #bjbb,mrs4 ,feinstein 7for herself1 ,mr4 ,kelly1 and ,ms4 ,sinema7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to support water infrastructure in ,reclamation ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,support ,to ,rehydrate the ,environment1 ,agriculture1 and ,municipalities ,act or the ,,stream ,act4 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--,infrastructure development,sec4 #aja4 ,competitive grant program for the funding of water recycling projects4,sec4 #ajb4 ,annual report to ,congress4,sec4 #ajc4 ,storage and conveyance projects4,sec4 #ajd4 ,eligible desalination project development4,sec4 #aje4 ,reclamation infrastructure finance and innovation pilot program4,sec4 #ajf4 ,drinking water assistance for disadvantaged communities4,sec4 #ajg4 ,extraordinary operation and maintenance work2 project modification4,sec4 #ajh4 ,use of revenue to improve drought resilience or dam safety4,,title ,,ii--,improved technology and data,sec4 #bja4 ,reauthorization of the transboundary aquifer assessment program4,,title ,,iii--,ecosystem restoration and protection,sec4 #cja4 ,ecosystem restoration4,sec4 #cjb4 ,performance-based restoration authority4,,title ,,iv--,miscellaneous,sec4 #dja4 ,modifications to drought program under the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia4,sec4 #djb4 ,clarification of authority to use coronavirus fiscal recovery funds to meet a non-,federal matching requirement for authorized water projects4,sec4 #djc4 ,environmental compliance4,sec4 #djd4 ,effect4 #b4 ,definitions ,in this ,act3 7#a7 ,annual report ,the term annual report means a report required under section #ajb7;a74 7#b7 ,authorized project ,the term authorized project means a storage project authorized by an ,act of ,congress1 including through an applicable standing authorization under section #e;,b of the ,reclamation ,safety of ,dams ,act of #aigh 7#dc ,u4,s4,c4 #eji;b7 or any other applicable law4 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 7#d7 ,design2 study 7,a7 ,in general ,the terms design and study include any design1 permitting1 study 7including a feasibility study71 materials engineering or testing1 surveying1 or preconstruction activity relating to a water storage facility4 7,b7 ,exclusions ,the terms design and study do not include an appraisal study or other preliminary review intended to determine whether further study is appropriate4 7#e7 ,disadvantaged community ,the term disadvantaged community means a low-income community 7as defined in section #de;,d7e7 of the ,internal ,revenue ,code of #aihf74 7#f7 ,eligible desalination project ,the term eligible desalination project has the meaning given the term in paragraph 7#b7 of section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 7as amended by section #ajd7;a774 7#g7 ,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 and 7,e7 an agency established under ,state law for the joint exercise of powers4 7#h7 ,federal benefit ,the term ,federal benefit1 with respect to a non-,federal storage project1 water recycling project1 or eligible desalination project1 means-- 7,a7 public benefits provided directly by a project2 7,b7 public benefits that-- 7i7 are-- 7,i7 fish and wildlife benefits described in paragraph 7#ab77;,a77i72 or 7,,ii7 water quality benefits2 7ii7 are provided by the implementation of a watershed restoration plan approved with the project2 and 7iii7 represent an increased ,federal commitment in the watershed as compared to ,federal commitments before the date of approval of the project2 7,c7 benefits to a watershed from a water recycling project or eligible desalination project2 or 7,d7 water supply benefits identified in accordance with the reclamation laws4 7#i7 ,federal storage project ,the term ,federal storage project means any project constructed by the ,bureau of ,reclamation-- 7,a7 that involves the construction or expansion of-- 7i7 a surface water storage facility2 or 7ii7 a facility conveying water to or from surface or groundwater storage2 and 7,b7 to which the ,united ,states holds or will hold title4 7#aj7 ,natural water retention and release project 7,a7 ,in general ,the term natural water retention and release project means a non-,federal storage project designed and developed to increase water availability for optimal management through aquifer recharge1 floodplain retention1 the alteration of the timing of runoff to allow increased utilization of existing storage facilities1 or another mechanism that-- 7i7 uses primarily natural materials appropriate to the specific site and landscape setting2 and 7ii7 substantially mimics natural riverine1 wetland1 ecosystem1 or hydrologic processes4 7,b7 ,inclusions ,the term natural water retention and release project includes-- 7i7 a single natural water retention and release project2 7ii7 several distributed natural water retention and release projects across a watershed2 and 7iii7 the redesign1 modification1 or replacement of existing infrastructure to incorporate natural water retention and release elements4 7#aa7 ,non-,federal storage project ,the term non-,federal storage project means any project in a ,reclamation ,state that-- 7,a7 involves the construction1 expansion1 or repair by an eligible entity of-- 7i7 a surface or groundwater storage project that is not federally owned2 7ii7 a facility that is not federally owned conveying water to or from surface or groundwater storage2 or 7iii7 a natural water retention and release project2 and 7,b7 provides a benefit in meeting any obligation under applicable ,federal law 7including regulations74 7#ab7 ,public benefit ,the term public benefit1 with respect to a non-,federal storage project or extraordinary operation and maintenance work1 means-- 7,a7 7i7 fish and wildlife benefits-- 7,i7 that are in excess of express mitigation and environmental compliance obligations under applicable ,federal and ,state law1 including regulations1 permits1 contracts1 licenses1 grants1 or orders or decisions from ,federal and ,state courts1 in effect on the date on which amounts are made available for the applicable project under this ,act2 and 7,,ii7 including incremental level #d flows for managed land entitled to receive level #b refuge water2 7ii7 flood control benefits2 7iii7 recreational benefits2 7iv7 water quality benefits that are in excess of the obligations described in clause 7i77,i7 of subparagraph 7,a72 and 7v7 any other benefits that are nonreimbursable under the reclamation laws2 7,b7 drinking water supply for disadvantaged communities1 including through groundwater recharge1 the benefits of which are in excess of the obligations described in clause 7i77,i7 of subparagraph 7,a72 7,c7 emergency drinking water supply used in response to a disaster declaration by a ,governor2 and 7,d7 energy savings benefits1 including-- 7i7 the value of associated greenhouse gas reductions2 and 7ii7 any reduction in energy costs for ,federal taxpayers1 such as reduced water delivery costs for water providing fish and wildlife benefits4 7#ac7 ,qualified partner ,the term qualified partner means a nonprofit organization operating in a ,reclamation ,state that is acting with the written support of an eligible entity4 7#ad7 ,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 7#ae7 ,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#af7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ag7 ,storage project ,the term storage project means a ,federal storage project or a non-,federal storage project4 7#ah7 ,water recycling project ,the term water recycling project means a project provided a grant under section #afjb7;f7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7f774 7#ai7 ,watershed ,the term watershed includes-- 7,a7 an entire watershed2 or 7,b7 any portion of a watershed1 including the upper or lower reaches of the watershed4 7#bj7 ,watershed restoration plan ,the term watershed restoration plan means a plan approved by the ,secretary that would provide benefits to the affected watershed from a non-,federal storage project and other projects and activities1 including-- 7,a7 7i7 restoration of fish and wildlife habitat or flows2 or 7ii7 water quality benefits2 and 7,b7 water supply benefits4 ,i ,infrastructure development #aja4 ,competitive grant program for the funding of water recycling projects 7a7 ,authorization of new water recycling projects ,section #afjb of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7 is amended-- 7#a7 in subsection 7e77#b77;,b71 by striking in accordance with the reclamation laws2 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#a71 by striking 1 subject to subsection 7g77#b72 and 7,b7 by striking paragraph 7#b7 and all that follows through the end of subsection 7g7 and inserting the following3 7#b7 ,priorities and diversity of project types ,in providing grants under paragraph 7#a71 the ,secretary shall-- 7,a7 give priority to projects that-- 7i7 are likely to provide a more-reliable water supply for a unit of ,state or local government2 7ii7 are likely to increase the water management flexibility and reduce impacts on environmental resources2 or 7iii7 provide multiple benefits1 including water supply reliability1 ecosystem benefits1 system reliability benefits1 groundwater management and enhancements1 and water quality improvements2 and 7,b7 take into consideration selecting a diversity of project types1 including projects that serve-- 7i7 a region or more than #a community2 7ii7 a rural or small community2 or 7iii7 an urban community or city4 7g7 ,authorization of appropriations ,in addition to amounts made available under section #djija7d77;,a7 of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbja7d77;,a771 there is authorized to be appropriated to the ,secretary to carry out subsections 7e7 and 7f7 #cjj1jjj1jjj for the period of fiscal years #bjbd through #bjbh4 4 7b7 ,limitation on funding ,section #afca7;d7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h-#ac7;d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking by paragraph 7#b7 and inserting in paragraphs 7#b7 and 7#c72 and 7,b7 striking #bj1jjj1jjj 7,october #aiif prices7 and inserting #ej1jjj1jjj 7in prices as determined for ,january #bjbb72 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b7-- 7i7 by striking 7,b7 ,in the case and inserting the following3 7,b7 ,san gabriel basin ,in the case 2 and 7ii7 by indenting clauses 7i7 and 7ii7 appropriately2 and 7,b7 by striking 7#b77;,a7 ,subject to and inserting the following3 7#b7 ,projects funded as of #bjba ,the ,federal share of the cost of any single project authorized under this title shall be #bj1jjj1jjj 7,october #aiif prices7 if the project has received that amount as of ,december #ca1 #bjba4 7#c7 ,older projects 7,a7 ,in general ,subject to 4 #ajb4 ,annual report to ,congress 7a7 ,annual reports ,not later than ,february #a of each year1 the ,secretary shall develop and submit to the authorizing committees of ,congress an annual report1 to be entitled ,report to ,congress on ,future ,storage ,project ,development1 that-- 7#a7 identifies1 with respect to ,federal storage projects and non-,federal storage projects-- 7,a7 each feasibility report that-- 7i7 meets the criteria established under subsection 7c77#a77;,a72 and 7ii7 is recommended by the ,secretary for congressional authorization for construction2 7,b7 each proposed feasibility study submitted to the ,secretary by an eligible entity pursuant to subsection 7b7 that meets the criteria established under subsection 7c77#a77;,a72 7,c7 any proposed modification to an authorized project that meets the criteria established under subsection 7c77#a77;,a7 that is-- 7i7 submitted to the ,secretary by an eligible entity pursuant to subsection 7b72 or 7ii7 identified by the ,secretary for authorization2 and 7#b7 provides a status update for each feasibility study for a ,federal storage project that is under evaluation during the period covered by the report and is intended to meet the criteria established under subsection 7c77#a77;,a71 including identifying-- 7,a7 the initiation date of the feasibility study2 7,b7 the percentage completion of the feasibility study2 and 7,c7 the expected completion date of the feasibility study4 7b7 ,requests for proposals 7#a7 ,publication ,not later than ,may #a of each year1 the ,secretary shall publish a notice requesting proposals from eligible entities for proposed feasibility studies and proposed modifications to authorized projects to be included in the annual report4 7#b7 ,deadline for requests ,the ,secretary shall include in each notice required under this subsection a requirement that eligible entities submit to the ,secretary any proposals described in paragraph 7#a7 by not later than #abj days after the date of publication of the notice in order for the proposals to be considered for inclusion in the annual report4 7#c7 ,notification ,on the date of publication of each notice required by this subsection1 the ,secretary shall-- 7,a7 make the notice publicly available1 including on the internet2 and 7,b7 provide written notification of the publication to the authorizing committees of ,congress4 7c7 ,contents 7#a7 ,inclusions 7,a7 ,criteria ,the ,secretary shall include in the annual report-- 7i7 subject to subparagraph 7,b71 a feasibility report or proposed feasibility study for1 or proposed modifications to1 a ,federal storage project or non-,federal storage project that-- 7,i7 the ,secretary determines is related to the missions and authorities of the ,bureau of ,reclamation2 7,,ii7 requires specific congressional authorization1 including by an ,act of ,congress2 7,,iii7 the ,secretary determines could be eligible for design1 study1 or construction2 and 7,,iv7 has not been authorized by ,congress2 and 7ii7 a list of1 as of the date of the annual report-- 7,i7 each non-,federal storage project that is under construction2 7,,ii7 each feasibility study that is being conducted for non-,federal storage projects2 and 7,,iii7 the amount of appropriated funding that the ,secretary has awarded to each project or feasibility study listed under subclause 7,i7 or 7,,ii74 7,b7 ,limitations ,notwithstanding subparagraph 7,a77i7-- 7i7 a feasibility study shall not be included in an annual report if the feasibility study was included in any previous annual report2 and 7ii7 a feasibility report for a non-,federal storage project shall not be included in an annual report unless the project has a ,federal cost-share of more than #bej1jjj1jjj4 7,c7 ,description of benefits ,the ,secretary shall describe in the annual report1 to the extent applicable and practicable1 for each proposed feasibility study and proposed modification to an authorized project included in the annual report1 the benefits of each project or proposed modification4 7,d7 ,identification of other factors ,the ,secretary shall identify in the annual report1 to the extent practicable-- 7i7 for each proposed feasibility study included in the annual report1 the eligible entity that submitted the proposed project study pursuant to subsection 7b72 and 7ii7 for each proposed feasibility study and proposed modification to a project included in the annual report1 whether the eligible entity has demonstrated-- 7,i7 that local support exists for the proposed feasibility study or proposed modification to an authorized project 7including the project that is the subject of the proposed feasibility study or the proposed modification72 and 7,,ii7 the financial ability to provide the required non-,federal cost share4 7#b7 ,transparency ,the ,secretary shall include in the annual report1 for each feasibility report1 proposed feasibility study1 and proposed modification to a project included under paragraph 7#a77;,a7-- 7,a7 the name of the associated eligible entity1 including the name of any eligible entity that has contributed1 or is expected to contribute1 a non-,federal share of the cost of-- 7i7 the feasibility report2 7ii7 the proposed feasibility study2 or 7iii7 construction of-- 7,i7 the project that is the subject of-- 7aa7 the feasibility report2 or 7bb7 the proposed feasibility study2 or 7,,ii7 the proposed modification to a project2 7,b7 a letter or statement of support for the feasibility report1 proposed feasibility study1 or proposed modification to a project from each associated eligible entity2 7,c7 the purpose of the feasibility report1 proposed feasibility study1 or proposed modification to a project2 7,d7 an estimate1 to the extent practicable1 of the ,federal1 non-,federal1 and total costs of construction of-- 7i7 the project that is the subject of the feasibility report2 or 7ii7 the proposed modification to an authorized project2 and 7,e7 an estimate1 to the extent practicable1 of the monetary and nonmonetary benefits of-- 7i7 the project that is the subject of the feasibility report2 or 7ii7 the proposed modification to an authorized project4 7#c7 ,certification ,the ,secretary shall include in the annual report a certification stating that each feasibility report1 proposed feasibility study1 and proposed modification to a project included in the annual report meets the criteria established under paragraph 7#a77;,a74 7#d7 ,appendix 7,a7 ,in general ,the ,secretary shall include in the annual report an appendix listing the proposals submitted under subsection 7b7 that were not included in the annual report under paragraph 7#a77;,a7 and a description of why the ,secretary determined that those proposals did not meet the criteria for inclusion under that paragraph4 7,b7 ,limitation ,the ,secretary shall not include-- 7i7 in an appendix under subparagraph 7,a7 any proposal that meets the criteria for inclusion in the annual report solely on the basis of a determination by the ,secretary that the proposal requires legislative changes to an authorized project or feasibility study2 or 7ii7 in an appendix under subparagraph 7,a7 or any other part of the annual report any proposal that meets the criteria for inclusion in the annual report solely on the basis of a policy of the ,secretary4 7d7 ,special rule for initial annual report ,notwithstanding any other deadline under this section1 the ,secretary shall-- 7#a7 not later than #fj days after the date of enactment of this ,act1 publish a notice required under subsection 7b77#a72 and 7#b7 include in the notice a requirement that eligible entities submit to the ,secretary any proposals described in subsection 7b77#a7 by not later than #abj days after the date of publication of the notice in order for the proposals to be considered for inclusion in the first annual report developed by the ,secretary under this section4 7e7 ,publication ,on submission of an annual report to ,congress1 the ,secretary shall make the annual report publicly available1 including through publication on the internet4 #ajc4 ,storage and conveyance projects 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 ,indian ,tribe1 municipality1 irrigation district1 water district1 wastewater district1 or other organization with water or power delivery authority2 7,b7 a ,state1 regional1 or local authority1 the members of which include #a or more organizations with water or power delivery authority2 or 7,c7 7i7 an agency established under ,state law for the joint exercise of powers2 7ii7 a combination of entities described in subparagraphs 7,a7 and 7,b72 or 7iii7 with respect to a natural water retention and release project1 a qualified partner4 7#b7 ,eligible project ,the term eligible project means a project described in subsection 7c74 7#c7 ,program ,the term program means the grant program established under subsection 7b74 7#d7 ,reclamation state ,the term ,reclamation ,state means a ,state or territory described in the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic2 #dc ,u4,s4,c4 #cia74 7b7 ,establishment ,the ,secretary shall establish a program to provide grants to eligible entities on a competitive basis for the study1 planning1 design1 and construction of non-,federal storage projects that provide substantial water supply and other benefits to a ,reclamation ,state in accordance with this section4 7c7 ,eligible project ,a project shall be eligible for a grant under this section if the project-- 7#a7 involves the construction or expansion by an eligible entity of-- 7,a7 a surface or groundwater storage project that is not federally owned2 7,b7 a facility that is not federally owned that conveys water to or from surface or groundwater storage2 or 7,c7 a natural water retention and release project2 7#b7 has a ,federal cost-share of not more than #bej1jjj1jjj2 7#c7 is located in a ,reclamation ,state2 7#d7 is constructed1 operated1 and maintained by an eligible entity2 and 7#e7 provides a ,federal benefit4 7d7 ,project evaluation ,the ,secretary may provide a grant to an eligible entity for an eligible project under the program-- 7#a7 for the study of the eligible project1 if the ,secretary has identified the potential for sufficient ,federal benefits from the eligible project to proceed2 7#b7 for the construction of a non-,federal storage project that is not a natural water retention and release project1 if-- 7,a7 the eligible entity determines through the preparation of a feasibility study or equivalent study1 and the ,secretary concurs1 that the eligible project-- 7i7 is technically and financially feasible2 7ii7 provides a ,federal benefit2 and 7iii7 is consistent with applicable ,federal and ,state laws2 7,b7 the eligible entity has sufficient non-,federal funding available to complete the eligible project1 as determined by the ,secretary2 7,c7 the eligible entity is financially solvent1 as determined by the ,secretary2 7,d7 the ,governor1 a member of the cabinet of the ,governor1 or the head of a department of the ,reclamation ,state in which the non-,federal storage project is located supports the project or ,federal funding of the project2 and 7,e7 not later than #cj days after the date on which the ,secretary concurs with the determinations under subparagraph 7,a7 with respect to the eligible project1 the ,secretary submits to ,congress written notice of the determinations2 and 7#c7 for a natural water retention and release project-- 7,a7 that costs not more than #aj1jjj1jjj1 if the eligible entity demonstrates that the natural water retention and release project would help optimize the storage or delivery of water in a watershed in which a ,bureau of ,reclamation facility is located2 and 7,b7 that costs more than #aj1jjj1jjj1 if-- 7i7 the conditions described in paragraph 7#b7 have been met2 and 7ii7 the eligible entity determines1 and the ,secretary concurs1 that-- 7,i7 the natural water retention and release project would produce or allow additional retention or delivery of water in a watershed in which a ,bureau of ,reclamation facility is located2 and 7,,ii7 there is a credible estimate of the quantity of the storage benefit of the natural water retention and release project during each of a wet year1 a normal year1 and a dry year4 7e7 ,priority ,in providing grants to eligible entities for eligible projects under the program1 the ,secretary shall give funding priority to an eligible project that directly or through watershed restoration plans approved with the project meets #b or more of the following criteria3 7#a7 ,provides multiple benefits1 including substantial quantities of each of the following3 7,a7 ,water supply reliability benefits for ,states and communities that are frequently drought-stricken4 7,b7 ,fish and wildlife benefits4 7,c7 ,water quality improvements4 7#b7 ,reduces impacts on environmental resources from water projects owned or operated by ,federal agencies and ,state agencies1 including through measurable reductions in water diversions from imperiled ecosystems4 7#c7 ,advances water management plans across a multi-,state area1 such as drought contingency plans in the ,colorado ,river ,basin4 7#d7 ,is collaboratively developed or supported by multiple stakeholders4 7#e7 ,is located within a watershed for which an integrated1 comprehensive watershed management plan has been developed to enhance resilience of ecosystems1 agricultural operations1 and communities to chronic water scarcity1 acute drought1 and changing hydrological regimes4 7f7 ,federal assistance 7#a7 ,federal cost share 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,federal share of the cost of any eligible project provided a grant under the program shall not exceed #be percent of the total cost of the eligible project4 7,b7 ,exception ,the ,federal share of the cost of a natural water retention and release project provided a grant under the program shall not exceed #ij percent of the total cost of the natural water retention and release project4 7#b7 ,reimbursability of funds 7,a7 ,nonreimbursable funds 7i7 ,public benefits ,subject to paragraph 7#a71 any funds provided by the ,secretary to an eligible entity under the program for the value of public benefits described in subparagraphs 7,a7 and 7,b7 of section #b7h7 shall be considered nonreimbursable4 7ii7 ,water supply benefits of equal value to public benefits ,subject to paragraph 7#a71 any funds provided by the ,secretary for the value of ,federal benefits provided under section #b7h77;,d7 shall be considered nonreimbursable to the extent that the value of the ,federal benefits does not exceed the value of public benefits funded under clause 7i7 that are fish and wildlife or water quality benefits4 7,b7 ,reimbursable funds ,if any funding provided under subparagraph 7,a7 is less than #be percent of the total cost of the eligible project1 the ,secretary may provide reimbursable funds to an eligible entity for any ,federal benefits provided under section #b7h77;,d7 for not more than #be percent of the total cost of the eligible project4 7g7 ,environmental laws ,in providing a grant for an eligible project under the program1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7h7 ,guidance ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue guidance on the implementation of the program1 including guidelines for the preparation of feasibility studies or equivalent studies by eligible entities4 7i7 ,reports 7#a7 ,annual report ,at the end of each fiscal year1 the ,secretary shall make available on the website of the ,department of the ,interior an annual report that lists each eligible project for which a grant has been awarded under this section during the fiscal year4 7#b7 ,comptroller general assessment ,the ,comptroller ,general of the ,united ,states shall conduct an assessment of the administrative establishment1 solicitation1 selection1 and justification process with respect to the funding of grants under this section4 7j7 ,treatment of conveyance ,the planning1 design1 and construction of a conveyance system for an eligible project shall be eligible for grant funding under the program4 7k7 ,funding 7#a7 ,authorization of appropriations ,in addition to amounts made available under section #djija7a7 of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbja7a771 there is authorized to be appropriated to the ,secretary to carry out this section #gej1jjj1jjj for the period of fiscal years #bjbd through #bjbh1 of which #ej1jjj1jjj is authorized to be appropriated during that period to carry out natural water retention and release projects under subsection 7d77#c74 7#b7 ,allocation ,subject to paragraphs 7#c7 and 7#e71 the ,secretary shall allocate amounts made available under paragraph 7#a7 among-- 7,a7 the design and study of-- 7i7 non-,federal storage projects1 including natural water retention and release projects2 and 7ii7 storage projects that are eligible for study funding under subsection 7a77#a7 of section #djijb of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbjb71 if the amounts made available to the storage projects under this clause are provided in accordance with subsections 7b7 and 7c7 of that section2 and 7,b7 construction of-- 7i7 non-,federal storage projects1 including natural water retention and release projects2 and 7ii7 storage projects that have received construction funding in accordance with subsection 7a77#b7 of section #djijb of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbjb71 if the amounts made available to the storage projects under this clause are provided in accordance with subsections 7b7 and 7c7 of that section4 7#c7 ,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#d7 ,,wiin act storage funding ,the ,secretary may award funding made available under section #djjg7;h7 of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb7 to-- 7,a7 non-,federal storage projects1 including natural water retention and release projects2 7,b7 storage projects that are eligible for study funding under subsection 7a77#a7 of section #djijb of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbjb71 if the amounts made available under this subparagraph to storage projects is provided in accordance with subsections 7b7 and 7c7 of that section2 and 7,c7 storage projects that have received construction funding in accordance with subsection 7a77#b7 of section #djijb of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbjb71 if the amounts made available to storage projects under this subparagraph is provided in accordance with subsections 7b7 and 7c7 of that section4 7#e7 ,other storage projects ,the funds appropriated under paragraph 7#a7 may not be used for storage projects other than those described in paragraph 7#b7 unless authorized by an ,act of ,congress4 7#f7 ,use of funding for public benefits 7,a7 ,in general ,the ,federal share of the cost of public benefits provided by a storage project described in paragraph 7#b7 may be used for-- 7i7 the capital and operations1 maintenance1 and replacement costs of public benefits2 and 7ii7 the operations1 maintenance1 and replacement costs of public benefits described in section #b7ab77;,a71 the capital costs of which are funded by the applicable ,reclamation ,state4 7,b7 ,effect ,nothing in this paragraph precludes the ,secretary from using other authorities or appropriations for the capital and operations1 maintenance1 and replacement costs of a non-,federal storage project to provide public benefits4 7l7 ,amendment to the infrastructure jobs and investment act ,section #djijb7;a77#b77;,c77i7 of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbjb7;a77#b77;,c77i77 is amended by striking clause 7i7 or 7ii7 and inserting clause 7i71 7ii71 or 7iii74 7m7 ,authorization ,to complete storage projects that receive construction funding 7#a7 ,definition of construction ,in this subsection1 the term construction has the meaning given the term in section #djaa7;f7 of the ,water ,infrastructure ,improvements for the ,nation ,act 7,public ,law #aad-cbb2 #acj ,stat4 #ahha74 7#b7 ,extension of existing requirements ,a storage project that has received funding for construction activities in accordance with section #djija7a7 of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbja7a77 shall be eligible for funding 7including funding authorized under this section or an amendment made by this section71 to complete construction of the project in accordance with the standards under section #djijb of that ,act 7#dc ,u4,s4,c4 #cbjb74 7n7 ,calfed reauthorization ,title ,i of ,public ,law #ajh-cfa 7#aah ,stat4 #afha2 #abc ,stat4 #bhfj2 #abh ,stat4 #afd2 #abh ,stat4 #bcab2 #abi ,stat4 #bdjg2 #acj ,stat4 #ahff2 #acc ,stat4 #bffi2 #acd ,stat4 #acfc71 is amended by striking #bjba each place it appears and inserting #bjbg4 #ajd4 ,eligible desalination project development 7a7 ,eligible desalination projects authorization ,section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,projects 7,a7 ,definitions ,in this paragraph3 7i7 ,eligible desalination project ,the term eligible desalination project means any project located in a ,reclamation ,state1 or for which the construction1 operation1 sponsorship1 or funding is the responsibility of1 and the primary water supply benefit accrues to1 #a or more entities in a ,reclamation ,state1 that-- 7,i7 involves an ocean or brackish water desalination facility-- 7aa7 constructed1 operated1 and maintained by a ,state1 ,indian ,tribe1 irrigation district1 water district1 or other organization with water or power delivery authority2 or 7bb7 sponsored or funded by any combination of a ,state1 department of a ,state1 political subdivision of a ,state1 or public agency organized pursuant to ,state law1 including through-- 7,,aa7 direct sponsorship or funding2 or 7,,bb7 indirect sponsorship or funding1 such as by paying for the water provided by the facility2 7,,ii7 provides a ,federal benefit2 and 7,,iii7 is consistent with applicable ,federal and ,state resource protection laws1 including any law relating to the protection of marine protected areas4 7ii7 ,authorizing committees of ,congress2 ,federal benefit2 reclamation ,state ,the terms authorizing committees of ,congress1 ,federal benefit1 and ,reclamation ,state have the meaning given the terms in section #b of the ,support ,to ,rehydrate the ,environment1 ,agriculture1 and ,municipalities ,act4 7iii7 ,rural desalination project ,the term rural desalination project means an eligible desalination project that is designed to serve a community or group of communities1 each of which has a population of not more than #be1jjj inhabitants4 7,b7 ,cost-sharing requirement 7i7 ,in general ,subject to the requirements of this subsection and notwithstanding section #g1 the ,federal share of an eligible desalination project carried out under this subsection shall be-- 7,i7 not more than #be percent of the total cost of the eligible desalination project2 or 7,,ii7 in the case of a rural desalination project1 the applicable percentage determined in accordance with clause 7ii74 7ii7 ,rural desalination projects 7,i7 ,cost-sharing requirement for appraisal studies ,subject to subclause 7,,iv71 in the case of a rural desalination project carried out under this subsection1 the ,federal share of the cost of appraisal studies for the rural desalination project shall be-- 7aa7 #ge percent of the total costs of the appraisal studies1 up to #bjj1jjj2 and 7bb7 if the total costs of the appraisal studies are more than #bjj1jjj1 #ej percent of any amounts over #bjj1jjj4 7,,ii7 ,cost-sharing requirement for feasibility studies ,subject to subclause 7,,iv71 in the case of a rural desalination project carried out under this subsection1 the ,federal share of the cost of feasibility studies for the rural desalination project shall be not more than #ej percent4 7,,iii7 ,cost-sharing requirement for construction costs ,subject to subclause 7,,iv71 in the case of a rural desalination project carried out under this subsection1 the ,federal share of the cost of construction of the rural desalination project shall be not more than #ge percent4 7,,iv7 ,reduction in non-federal share ,the ,secretary may reduce the non-,federal share of a rural desalination project required under subclause 7,i71 7,,ii71 or 7,,iii7 by not more than #aj percent if the ,secretary determines1 after consultation with the heads of any other ,federal agencies that are partners in the rural desalination project and in accordance with applicable ,reclamation standards1 that the reduction is appropriate due to-- 7aa7 an overwhelming ,federal interest in the rural desalination project2 and 7bb7 the sponsor of the rural desalination project demonstrating financial hardship4 7iii7 ,limitation ,funding for a rural desalination project under clause 7ii7 or the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq47 shall not be considered for purposes of the ,federal share established under this subparagraph4 7,c7 ,state role ,participation by the ,secretary in an eligible desalination project under this paragraph shall not occur unless-- 7i7 7,i7 the eligible desalination project is included in a ,state-approved plan2 or 7,,ii7 the participation has been requested by the ,governor of the ,state in which the eligible desalination project is located2 7ii7 the ,state or local sponsor of the eligible desalination project determines1 and the ,secretary concurs1 that-- 7,i7 the eligible desalination project-- 7aa7 is technically and financially feasible2 7bb7 provides a ,federal benefit2 and 7cc7 is consistent with applicable ,federal and ,state laws 7including regulations72 7,,ii7 sufficient non-,federal funding is available to complete the eligible desalination project2 and 7,,iii7 the non-,federal project sponsor is financially capable of funding the non-,federal share of the project costs2 and 7iii7 the ,secretary submits to the authorizing committees of ,congress and makes publicly available on the internet a written notification of the determinations under clause 7ii7 by not later than #cj days after the date of the determinations4 7,d7 ,environmental laws ,to be eligible to receive a grant under this subsection1 a desalination project shall comply with-- 7i7 applicable ,federal environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 applicable ,state environmental laws4 7,e7 ,information ,in participating in an eligible desalination project under this subsection1 the ,secretary-- 7i7 may rely on reports prepared by the sponsor of the eligible desalination project1 including feasibility or equivalent studies1 environmental analyses1 and other pertinent reports and analyses2 but 7ii7 shall retain responsibility for making the independent determinations described in subparagraph 7,c74 7,f7 ,funding 7i7 ,authorization of appropriations ,in addition to amounts made available under section #djija7e7 of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbja7e771 there is authorized to be appropriated to carry out this paragraph #aej1jjj1jjj for the period of fiscal years #bjbd through #bjbh1 of which not less than #aj1jjj1jjj shall be made available during the period for rural desalination projects4 7ii7 ,funding opportunity announcement ,the ,commissioner of ,reclamation shall release a funding opportunity announcement for a grant program under this paragraph by not later than #ge days after the date of enactment of an ,act that provides funding for the program4 4 7b7 ,prioritization of projects ,section #d of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,prioritization ,in carrying out demonstration and development activities under this section1 the ,secretary shall prioritize projects-- 7#a7 for the benefit of drought-stricken ,states and communities2 7#b7 for the benefit of ,states that have authorized funding for research and development of desalination technologies and projects2 7#c7 that demonstrably improve self-reliance on local or regional water supplies in the case of any project sponsors that rely on imported water supplies that have an impact on species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7#d7 that demonstrably leverage the experience of or partner with-- 7,a7 international entities with considerable expertise in desalination1 such as ,israel2 or 7,b7 nonprofit water research foundations or institutions with expertise in technology innovation to advance sustainable desalination processes or brine management2 7#e7 located in a region that-- 7,a7 is impacted by salinity or brackish groundwater2 and 7,b7 has agricultural production of national importance2 7#f7 that support regional stakeholder-based planning and implementation efforts to manage brine and salinity for sustainability and improvement of groundwater quality within an approved basin plan2 7#g7 that maximize the use of renewable energy to power desalination facilities2 7#h7 that maximize energy efficiency so that the lifecycle energy demands of desalination are minimized2 7#i7 located in a region that has employed strategies to increase water conservation and the capture and recycling of wastewater and stormwater2 and 7#aj7 that1 in the case of ocean desalination facilities-- 7,a7 7i7 use a subsurface intake2 or 7ii7 if a subsurface intake is not feasible1 use an intake that uses the best available site1 design1 technology1 and mitigation measures to minimize the mortality of all forms of marine life and impacts to coastal-dependent resources2 7,b7 are sited and designed to ensure that the disposal of wastewater 7including brine from the desalination process7-- 7i7 is not discharged in a manner that increases salinity levels in ,federal or ,state marine protected areas2 and 7ii7 achieves ambient salinity levels within a reasonable distance from the discharge point2 7,c7 are sited1 designed1 and operated in a manner that maintains indigenous marine life and a healthy and diverse marine community within a reasonable distance from the discharge point2 7,d7 do not cause significant unmitigated harm to aquatic life2 and 7,e7 include a construction and operation plan designed to minimize loss of coastal habitat as well as aesthetic1 noise1 and air quality impacts4 4 7c7 ,priority scoring system ,as soon as practicable after the date of enactment of this ,act1 for purposes of making recommendations to ,congress for projects to be carried out under section #d of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih71 the ,commissioner of ,reclamation shall establish a priority scoring system that provides for the assignment of priority scores for the projects based on the prioritization criteria established under subsection 7c7 of that section4 7d7 ,other requirements ,non-,federal entities that receive ,federal assistance for projects or facilities authorized under this ,act shall implement the projects or facilities consistent with the standards for activities assisted under section #dja of the ,safe ,drinking ,water ,act ,amendments of #aiif 7#db ,u4,s4,c4 #cjj;j-#c;c74 7e7 ,research authority ,section #h7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 in the first sentence1 by striking #bjba and inserting #bjbf2 and 7#b7 in the second sentence1 by striking #a1jjj1jjj and inserting #c1jjj1jjj4 #aje4 ,reclamation infrastructure finance and innovation pilot program 7a7 ,establishment ,the ,secretary shall establish and carry out a pilot program under which the ,secretary shall provide to eligible entities described in subsection 7c7 loans and technical assistance in accordance with this section to carry out eligible projects described in subsection 7b74 7b7 ,eligible projects 7#a7 ,in general ,a project eligible to receive assistance under the pilot program under this section is a water supply or water conservation project that1 as determined by the ,secretary-- 7,a7 is located in-- 7i7 the ,state of ,alaska2 7ii7 the ,state of ,hawaii2 or 7iii7 a ,state or territory described in the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic2 #dc ,u4,s4,c4 #cia72 7,b7 would-- 7i7 contribute directly or indirectly 7including through groundwater recharge7 to a safe1 adequate water supply for domestic1 agricultural1 environmental1 or municipal and industrial use2 or 7ii7 promote water conservation or water use efficiency2 and 7,c7 is otherwise eligible for assistance under this section4 7#b7 ,projects associated with bureau of reclamation facilities ,a project that supports an improvement to1 or is associated with1 a ,bureau of ,reclamation facility shall be eligible to receive assistance under the pilot program under this section if-- 7,a7 the project meets the criteria described in paragraph 7#a72 7,b7 the eligible entity carrying out the project demonstrates to the satisfaction of the ,secretary that the eligible entity is initiating and implementing the project for non-,federal purposes2 7,c7 the eligible entity retains or secures1 through a long-term ,federal property lease1 operation and maintenance transfer agreement that provides for self-funding1 or easement agreement with the ,secretary1 substantial control over the assets1 operation1 management1 and maintenance of the project2 and 7,d7 the project meets any other criteria that the ,secretary may establish4 7#c7 ,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 7c7 ,eligible applicants ,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 irrigation district1 or water 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 ,an agency established under ,state law for the joint exercise of powers4 7#g7 ,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 pilot 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 ,importation of other requirements ,the following provisions of law shall apply to the pilot 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 #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#cc ,u4,s4,c4 #ciji note2 ,public ,law #aae-bgj71 pursuant to which the ,administrator shall retain responsibility for administering any loans under this section4 7#c7 ,environmental laws ,no project shall receive funding under this section unless the project complies with-- 7,a7 applicable ,federal environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 applicable ,state environmental laws4 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out the pilot program under this section #aej1jjj1jjj for the period of fiscal years #bjbd through #bjbh1 to remain available until expended4 7#b7 ,administrative costs ,of the funds made available pursuant to paragraph 7#a71 the ,secretary may use for administrative costs of carrying out the pilot 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 pilot program7 not more than #e1jjj1jjj for each applicable fiscal year4 7#c7 ,small community projects 7,a7 ,in general ,subject to subsection 7b71 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 #ajf4 ,drinking water assistance for disadvantaged communities 7a7 ,in general ,the ,secretary 7acting through the ,commissioner of ,reclamation7 may provide grants or enter into contracts or financial assistance agreements that provide not more than #ajj percent of the cost of the planning1 design1 or construction of water projects or facilities or features of water projects1 the primary purpose of which is to improve the domestic water supplies of communities or households that do not have reliable access to domestic water supplies in sufficient quantities or of sufficient quality in a ,state or territory described in the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic2 #dc ,u4,s4,c4 #cia74 7b7 ,authorization of appropriations 7#a7 ,amount ,there is authorized to be appropriated to the ,secretary to carry out this section #ajj1jjj1jjj for the period of fiscal years #bjbd through #bjbh4 7#b7 ,multiple benefit projects ,the ,secretary shall use all or a portion of the funds made available under subsection 7a7 to incorporate into multiple benefit projects features or facilities to assist in providing domestic water supplies to disadvantaged communities4 #ajg4 ,extraordinary operation and maintenance work2 project modification 7a7 ,reimbursement of costs ,section #ifjc7;b7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj;b7b77 is amended-- 7#a7 in paragraph 7#a71 by striking reimbursable purposes and inserting reimbursable and nonreimbursable purposes of the project and costs allocated to a reimbursable purpose2 7#b7 in paragraph 7#b71 by striking costs and inserting costs1 including reimbursable and nonreimbursable costs2 and 7#c7 by adding at the end the following3 7#d7 ,determination of reimbursable costs ,any costs expended under paragraph 7#a7 or advanced under paragraph 7#b7 that are allocated to existing nonreimbursable purposes of the project1 including costs to restore or add a public benefit 7as defined in section #b of the ,support ,to ,rehydrate the ,environment1 ,agriculture1 and ,municipalities ,act71 shall be considered to be nonreimbursable costs for purposes of this subsection4 4 7b7 ,authorization ,to modify projects ,to increase public benefits and other project benefits ,section #ifjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj;b7 is amended by adding at the end the following3 7e7 ,authorization ,to modify projects ,to increase public benefits and other project benefits 7#a7 ,definitions ,in this subsection3 7,a7 ,adverse impact ,the term adverse impact means1 with respect to a project modification1 a reduction in water quantity or quality or a change in the timing of water deliveries available to a project beneficiary from the modified project as compared to the water quantity or quality or timing of water deliveries from-- 7i7 the project with the original capacity restored1 if the extraordinary operation and maintenance work under this section is intended to restore lost project capacity2 7ii7 the project prior to undertaking the planning and design1 if the extraordinary operation and maintenance work under this section is for any purpose other than to restore lost project capacity2 or 7iii7 project operations of the modified project without an increase in benefits for a new project beneficiary under paragraph 7#b77;,e74 7,b7 ,new benefit ,the term new benefit means the increase in benefits of the modified project compared to the benefits provided by-- 7i7 the project with the original capacity restored1 if the extraordinary operation and maintenance work under this section is intended to restore lost project capacity2 or 7ii7 the project prior to undertaking the planning and design1 if the extraordinary operation and maintenance work under this section is for any purpose other than to restore lost project capacity4 7,c7 ,project beneficiary ,the term project beneficiary means any entity that has a repayment1 long-term water service1 or other form of long-term contract or agreement executed pursuant to 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 seq471 for water service from the project4 7,d7 ,public benefit ,the term public benefit has the meaning given the term in section #b of the ,support ,to ,rehydrate the ,environment1 ,agriculture1 and ,municipalities ,act4 7#b7 ,authorization2 requirements 7,a7 ,in general ,in a case in which a project is anticipated to require extraordinary operation and maintenance work during the #aj-year period beginning on ,january #a1 #bjbc1 the ,secretary1 in consultation with any transferred works operating entity and any project beneficiaries1 may develop and carry out a proposal to modify project features to increase public benefits and other project benefits1 including carrying out a feasibility study and conducting any applicable environmental analysis required for the proposal1 subject to subparagraphs 7,b7 through 7,f74 7,b7 ,maximum cost ,the maximum amount that may be added to the original project cost as a result of a project modification under subparagraph 7,a7 shall not exceed-- 7i7 an amount equal to #be percent of the original cost of the project1 in the case of a project for which the original cost of the project exceeds #ajj1jjj1jjj2 or 7ii7 #be1jjj1jjj1 in the case of a project for which the original cost of the project is not more than #ajj1jjj1jjj4 7,c7 ,public benefits ,in the case of a project modification under subparagraph 7,a71 not less than #ej percent of the new benefits provided by the modification of the project shall be public benefits4 7,d7 ,written consent required ,a project modification under subparagraph 7,a7 shall not be constructed until the date on which the ,secretary has obtained the written consent of-- 7i7 the transferred works operating entity1 if applicable2 and 7ii7 consistent with paragraph 7#c71 any project beneficiary that would experience an adverse impact as a result of the modification of the project4 7,e7 ,adverse impact ,any benefits that accrue to a new project beneficiary resulting from operations of the modified project shall not be increased without the consent of existing project beneficiaries that would experience an adverse impact as a result of the modification of the project4 7,f7 ,reimbursement of costs ,the costs of planning1 design1 and environmental compliance for a project modification under subparagraph 7,a7 shall be reimbursed in accordance with subsection 7b71 except that any of the costs that would otherwise be allocated to a project beneficiary shall be considered nonreimbursable if the project beneficiary does not receive any increase in long-term average annual water deliveries as a result of the modification4 7#c7 ,procedure for obtaining consent and time limitation 7,a7 ,initial determination ,the ,secretary shall initially determine whether the consent of a project beneficiary is required prior to construction under paragraph 7#b77;,d7 based on whether the modification or subsequent operations of the modified project would have any adverse impacts on a project beneficiary4 7,b7 ,written request for consent ,the ,secretary shall provide to the transferred works operating entity1 if any1 and any project beneficiaries1 in writing-- 7i7 a description of the proposed modification and subsequent operations of the project2 and 7ii7 7,i7 a request for consent under paragraph 7#b77;,d72 or 7,,ii7 7aa7 an explanation that the ,secretary has determined that no consent is required under paragraph 7#b77;,d72 and 7bb7 a statement that if the project beneficiary believes that the consent of the project beneficiary is required1 the project beneficiary shall send to the ,secretary a reply not later than #cj days after the date of receipt of the notice that includes an explanation of the reasons that the project beneficiary would experience adverse impacts as a result of the project modification4 7,c7 ,final determination 7i7 ,written response ,the ,secretary shall respond in writing to any reply from a project beneficiary under subparagraph 7,b77ii77,,ii77bb7 stating whether or not the ,secretary determines that the project beneficiary would experience adverse impacts as a result of the project modification4 7ii7 ,final agency action ,a written determination by the ,secretary under clause 7i7 shall be considered to be a final agency action for purposes of section #gjd of title #e1 ,united ,states ,code4 7iii7 ,written request ,if the ,secretary determines under clause 7i7 that the project beneficiary would experience adverse impacts as a result of the project modification1 the ,secretary shall send to the project beneficiary a written request for consent in accordance with subparagraph 7,b77ii74 7,d7 ,time period for consent 7i7 ,in general ,if written consent required under paragraph 7#b77;,d7 is not obtained by the date that is #a year after the date on which written consent is requested under subparagraph 7,b77ii71 the ,secretary or the transferred works operating entity1 as applicable1 shall proceed with extraordinary operation and maintenance work of the project without the modification1 unless the ,secretary extends the time for consent under clause 7ii74 7ii7 ,extension ,at the discretion of the ,secretary1 the ,secretary may elect to extend the time for obtaining consent under paragraph 7#b77;,d7 by #a year4 7#d7 ,reallocation of costs based on project changes and increased public benefits ,the ,secretary shall allocate costs1 including capital repayment costs and operation and maintenance costs1 for a project modification under paragraph 7#b71 to provide that-- 7,a7 the public benefits provided by the modified project1 including associated annual operation and maintenance costs1 shall be nonreimbursable2 and 7,b7 the cost allocation of reimbursable costs to each project beneficiary reflects any changes in the benefits that the modified project is providing to the project beneficiary4 7#e7 ,incentive for benefitting entities to participate in projects with increased public benefits ,the total amount of reimbursable capital costs1 as determined under paragraph 7#d71 for a project modification that would increase public benefits without increasing municipal1 industrial1 or irrigation benefits of a project1 shall be reduced by #ae percent1 with each project beneficiary to be responsible for #he percent of the reimbursable costs that would otherwise be allocated to the project beneficiary4 7#f7 ,reimbursable funds ,all reimbursable costs under this subsection shall be repaid in accordance with subsection 7b74 4 #ajh4 ,use of revenue to improve drought resilience or dam safety 7a7 ,definitions ,in this section3 7#a7 ,dam safety investment ,the term dam safety investment means a project to satisfy dam safety standards-- 7,a7 under the ,federal ,guidelines for ,dam ,safety issued by the ,federal ,emergency ,management ,agency or the ,interagency ,committee on ,dam ,safety2 7,b7 under the ,bureau of ,reclamation ,dam ,safety ,program1 including repayment of an obligation for a corrective action taken pursuant to that program2 or 7,c7 required by the ,state in which a ,bureau of ,reclamation project or facility is located4 7#b7 ,drought ,resilience ,investment ,the term drought resilience investment means-- 7,a7 an improvement or addition to an eligible facility that will increase drought resilience in a ,reclamation ,state2 or 7,b7 annual payments on repayment obligations incurred under section #ifjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj;b74 7#c7 ,eligible facility ,the term eligible facility means-- 7,a7 a project or facility owned by the ,bureau of ,reclamation2 and 7,b7 a non-,federal facility that stores1 transports1 or delivers water to or from a ,bureau of ,reclamation project or facility4 7#d7 ,eligible ,temporary ,transfer ,the term eligible temporary transfer means the temporary and voluntary selling1 leasing1 or exchanging of water or water rights among individuals or agencies that is allowable under the reclamation laws and the water law of the applicable ,state4 7#e7 ,transferor ,the term transferor means the holder of a water service1 transferred works1 water repayment1 or other contract that entitles the holder to water from a ,bureau of ,reclamation project or facility that undertakes an eligible temporary transfer4 7b7 ,use of revenue for drought resilience investments or dam safety investments 7#a7 ,in general ,notwithstanding the ,act of ,february #be1 #aibj 7#da ,stat4 #dea1 chapter #hf2 #dc ,u4,s4,c4 #eba71 or subsection ,j of section #d of the ,act of ,december #e1 #aibd 7#dc ,stat4 #gjc1 chapter #d2 #dc ,u4,s4,c4 #ebf71 all amounts derived from an eligible temporary transfer that would otherwise be deposited in the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic2 #dc ,u4,s4,c4 #cia71 shall remain available to the transferor4 7#b7 ,use of funds ,any funds retained by a transferor under paragraph 7#a7 may be-- 7,a7 used for a drought resilience investment or dam safety investment2 or 7,b7 placed in the reserve account of the transferor1 to be used for future drought resilience investments or dam safety investments1 subject to paragraph 7#c74 7#c7 ,transfer of unused funds to reclamation fund ,any funds placed in the reserve account of the transferor pursuant to paragraph 7#b77;,b7 that are not used for drought resilience investments or dam safety investments by the date that is #aj years after the date of the placement shall be transferred to the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74 7#d7 ,reporting ,the transferor shall report to the ,commissioner of ,reclamation on the use of any uses of funds derived from an eligible temporary transfer4 7#e7 ,effect of section 7,a7 ,in general ,nothing in this section-- 7i7 affects any other authority of the ,secretary to use amounts derived from revenues from a ,bureau of ,reclamation project2 or 7ii7 creates1 impairs1 alters1 or supersedes a ,state water right4 7,b7 ,applicable law ,any eligible temporary transfer shall comply with all applicable-- 7i7 ,state water laws2 7ii7 ,federal laws and policies2 and 7iii7 interstate water compacts4 7c7 ,reclamation laws ,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 ,,ii ,improved technology and data #bja4 ,reauthorization of the transboundary aquifer assessment program 7a7 ,designation of priority transboundary aquifers ,section #d7;c77#b7 of the ,united ,states-,mexico ,transboundary ,aquifer ,assessment ,act 7#db ,u4,s4,c4 #aifb note2 ,public ,law #aji-ddh7 is amended by striking ,new ,mexico or ,texas and inserting ,new ,mexico1 ,texas1 or ,arizona 7other than an aquifer underlying ,arizona and ,sonora1 ,mexico1 that is partially within the ,yuma groundwater basin designated by the order of the ,director of the ,arizona ,department of ,water ,resources dated ,june #ba1 #aihd74 7b7 ,reauthorization 7#a7 ,authorization of appropriations ,section #h7;a7 of the ,united ,states-,mexico ,transboundary ,aquifer ,assessment ,act 7#db ,u4,s4,c4 #aifb note2 ,public ,law #aji-ddh7 is amended by striking #ej1jjj1jjj for the period of fiscal years #bjjg through #bjaf and inserting #ej1jjj1jjj for the period of fiscal years #bjbd through #bjbh4 7#b7 ,sunset of authority ,section #i of the ,united ,states-,mexico ,transboundary ,aquifer ,assessment ,act 7#db ,u4,s4,c4 #aifb note2 ,public ,law #aji-ddh7 is amended by striking enactment of this ,act and inserting enactment of the ,support ,to ,rehydrate the ,environment1 ,agriculture1 and ,municipalities ,act4 ,,iii ,ecosystem restoration and protection #cja4 ,ecosystem restoration 7a7 ,definitions ,section #djijg of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbjg7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,definitions ,in this section3 7#a7 ,committee ,the term ,committee means the ,integrated ,water ,management ,federal ,leadership ,committee established under subsection 7f77#a74 7#b7 ,eligible applicant ,the term eligible applicant means-- 7,a7 a ,state2 7,b7 a ,tribal or local government2 7,c7 an organization with power1 water delivery1 or water storage authority2 7,d7 a regional authority2 or 7,e7 a nonprofit conservation organization4 7#c7 ,project ,the term project includes-- 7,a7 planning1 design1 permitting1 and preconstruction activities2 7,b7 construction1 construction management1 replacement1 and other similar activities2 7,c7 management activities1 including the acquisition of an interest in land or water1 including the acquisition of a conservation easement2 7,d7 research1 development1 demonstration 7including the demonstration of the scalability of a project or activity71 and monitoring2 and 7,e7 project administration activities1 including the payment of fees associated with implementing the project or activity4 4 7b7 ,requirements ,section #djijg7;c77#a7 of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbjg7;c77#a77 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations that are express requirements of a permit or order issued under ,federal or ,state law1 unless such requirements expressly contemplate reliance on ,federal funding in performance of the requirements4 4 7c7 ,other amendments ,section #djijg of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbjg7 is amended by adding at the end the following3 7e7 ,other actions 7#a7 ,in general ,in addition to other activities authorized under this section1 the ,secretary may undertake actions and enter into contracts and agreements to implement projects that implement watershed health1 including projects described in subsection 7b77#c71 that-- 7,a7 accomplish #a or more of the purposes described in subsection 7b72 and 7,b7 are consistent with the requirements described in subsection 7c74 7#b7 ,reimbursability ,the expenditures of the ,secretary under this subsection and subsection 7f7 shall be nonreimbursable4 7f7 ,leave behind water transfers 7#a7 ,purpose ,the purpose of this subsection is to authorize the ,secretary to address habitat needs and promote collaborative1 multi-benefit water management through water sharing arrangements that incorporate habitat and other public benefits into voluntary crop idling water transfers4 7#b7 ,authorization of acquisition ,in approving a water transfer within a ,federal reclamation project that results in voluntary fallowing of crop land in the ,sacramento ,valley or ,sacramento-,san ,joaquin ,river ,delta1 the ,secretary may acquire a portion of the volume of water made available for transfer if the ,secretary determines that crop land idled because of the transfer would create temporary wildlife habitat with the application of the acquired water1 subject to paragraph 7#c74 7#c7 ,requirements ,in acquiring water pursuant to paragraph 7#b71 the ,secretary shall-- 7,a7 develop implementation guidelines in consultation with relevant stakeholders2 7,b7 only acquire a portion of the volume of water made available for transfer if the transferor and the transferee agree to the acquisition2 7,c7 negotiate a mutually agreeable volume of water for acquisition with the transferor and the transferee2 7,d7 pay not more per volume of water than the price negotiated between the transferor and transferee for the water to be transferred2 7,e7 compensate the transferor for any reasonable incremental costs associated with managing the water acquired to create temporary wildlife habitat2 and 7,f7 apply the acquired water to idled crop land to create temporary wildlife habitat4 7#d7 ,prioritization ,the ,secretary shall give priority to approving and facilitating transfers under this subsection that incorporate voluntary habitat and other public benefits that exceed the benefits provided under regulatory requirements4 7#e7 ,treatment ,water acquired by the ,secretary under paragraph 7#b7 shall be in addition to1 and not a substitute for1 actions required to meet obligations under existing law1 including-- 7,a7 the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege2 #ajf ,stat4 #dgjf72 and 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#f7 ,reporting ,the ,secretary shall annually submit to the authorizing committees of ,congress 7as defined in section #b of the ,support ,to ,rehydrate the ,environment1 ,agriculture1 and ,municipalities ,act7 a report that describes1 for the period covered by the report-- 7,a7 the volume of water acquired under paragraph 7#b72 and 7,b7 the extent and duration of temporary wildlife habitat created under that paragraph4 7g7 ,integrated water management ,federal leadership committee for assisting projects at the request of a sponsor 7#a7 ,establishment ,not later than #ahj days after the date on which an eligible entity or qualified partner sponsoring a habitat restoration project that receives a grant under this section submits to the ,secretary a request for the establishment of the ,integrated ,water ,management ,federal ,leadership ,committee1 the ,secretary shall establish the ,integrated ,water ,management ,federal ,leadership ,committee4 7#b7 ,chairperson ,the ,assistant ,secretary for ,water and ,science of the ,department of the ,interior shall-- 7,a7 serve as the chairperson of the ,committee2 and 7,b7 coordinate the activities of1 and communication among1 members of the ,committee4 7#c7 ,membership ,the ,committee shall include representatives of ,federal agencies with responsibility for water and natural resource issues1 including representatives of-- 7,a7 the ,bureau of ,reclamation2 7,b7 the ,united ,states ,fish and ,wildlife ,service2 7,c7 the ,national ,marine ,fisheries ,service2 7,d7 the ,corps of ,engineers2 7,e7 the ,environmental ,protection ,agency2 and 7,f7 the ,department of ,agriculture4 7#d7 ,duties and responsibilities ,the members of the ,committee shall establish the duties and responsibilities of the ,committee1 including-- 7,a7 facilitating communication and collaboration among ,federal agencies to support and advance any projects for which an eligible entity or qualified partner requests the assistance of the ,committee2 7,b7 ensuring the effective coordination among relevant ,federal agencies and departments to ensure accelerated implementation of any projects for which an eligible entity or qualified partner requests the assistance of the ,committee2 and 7,c7 making policy and budgetary recommendations1 if determined to be appropriate by the ,committee1 to support the implementation of projects4 7#e7 ,project assistance ,on request of an eligible entity or a qualified partner for a habitat restoration project1 the ,committee shall assist that project with permit processing and interagency coordination4 7h7 ,authorization of appropriations ,in addition to amounts made available under section #djija7aa71 there is authorized to be appropriated to the ,secretary #bej1jjj1jjj to carry out this section for the period of fiscal years #bjbd through #bjbh1 of which-- 7#a7 #aej1jjj1jjj shall be made available for the competitive grant program described in subsection 7b72 and 7#b7 #ajj1jjj1jjj shall be made available for other actions described in subsection 7e7 and to carry out subsection 7f74 7i7 ,applicable law ,nothing in this section affects or modifies-- 7#a7 the obligations of the ,secretary under-- 7,a7 the reclamation laws2 or 7,b7 ,federal environmental laws1 including-- 7i7 the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege2 #ajf ,stat4 #dgjf72 and 7ii7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7#b7 the obligations of a non-,federal party to comply with applicable ,federal and ,state laws4 4 #cjb4 ,performance-based restoration authority 7a7 ,definitions ,in this section3 7#a7 ,eligible project ,the term eligible project means a habitat or ecosystem restoration1 mitigation1 or enhancement project or activity authorized individually or through an existing ,federal program4 7#b7 ,eligible restoration provider ,the term eligible restoration provider means a non-,federal for-profit or nonprofit organization1 company1 or corporation1 or a ,state1 ,tribal1 or local government1 that is bonded1 insured1 and experienced in financing and completing successful habitat and restoration1 mitigation1 and enhancement activities4 7#c7 ,performance-based ,the term performance-based means1 with respect to a contract1 grant agreement1 cooperative agreement1 or fixed amount award1 a pay-for-performance1 pay-for-success1 pay-for-results1 or similar model by which the restoration provider agrees to finance and complete habitat or ecosystem restoration1 mitigation1 or enhancement activities1 with payment to the restoration provider linked to delivery of verifiable and successful ecological performance1 based on metrics and the timeframe established in advance by the ,secretary4 7#d7 ,restoration provider ,the term restoration provider means a non-,federal organization that performs restoration services contracted for1 agreed to1 or awarded under a contract or agreement entered into under subsection 7b77#a74 7b7 ,authorization 7#a7 ,in general ,subject to subsection 7j71 in implementing existing authorities under ,federal law related to habitat and ecosystem restoration1 mitigation1 or enhancement1 the ,secretary may enter into performance-based contracts1 grant agreements1 and cooperative agreements1 including providing funding through fixed amount awards1 with eligible restoration providers for the conduct of eligible projects for which ecological targets and outcomes are-- 7,a7 clearly defined2 7,b7 agreed to in advance2 and 7,c7 capable of being successfully achieved4 7#b7 ,performance-based contracts ,for purposes of paragraph 7#a71 the ,secretary may enter into performance-based contracts with eligible restoration providers experienced in financing and completing successful ecological habitat and restoration1 mitigation1 and enhancement activities4 7#c7 ,grants and awards ,for purposes of paragraph 7#a71 the ,secretary-- 7,a7 may provide funding through grant agreements and cooperative agreements1 including fixed amount awards1 for eligible projects2 and 7,b7 shall allow for the use of performance-based tools in the agreements and awards described in subparagraph 7,a74 7#d7 ,pass-through grants and awards ,for purposes of paragraph 7#a71 the ,secretary-- 7,a7 may allow funding provided to ,states1 local governments1 ,indian ,tribes1 and nonprofit organizations to be passed through to third-party eligible restoration providers under a contract or agreement entered into under that paragraph2 and 7,b7 shall allow for the use of performance-based tools in grant and cooperative agreements entered into with eligible restoration providers under that paragraph4 7#e7 ,multi-year agreements ,the ,secretary may use performance-based contracts1 grant agreements1 and cooperative agreements1 including fixed amount awards1 issued under this section for multi-year agreements1 including capacity for multi-year payment schedules for professional services1 subject to appropriations prior to obligation4 7c7 ,guidelines 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall develop programmatic guidelines for the use of performance-based contracts1 grant agreements1 and cooperative agreements for eligible projects authorized under subsection 7b77#a74 7#b7 ,consultation required 7,a7 ,in general ,in developing the guidelines under paragraph 7#a71 the ,secretary shall consult with external organizations and other appropriate entities with experience in performance-based contracts1 agreements1 or awards1 consistent with sections #fcjb through #fcje of title #ca1 ,united ,states ,code4 7,b7 ,limitation ,consultation with the organizations and entities described in subparagraph 7,a7 shall not constitute or necessitate establishment of an advisory committee under the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#c7 ,requirements ,at a minimum1 guidelines developed under paragraph 7#a7 shall include guidance on-- 7,a7 appropriate proposal and evaluation criteria for eligible projects2 7,b7 eligibility criteria for restoration providers2 7,c7 criteria for defining achievable ecological outcomes2 and 7,d7 determination of restoration provider financial assurances sufficient to ensure ecological outcomes will be successfully achieved4 7d7 ,identification of eligible projects ,the ,secretary shall-- 7#a7 identify eligible projects for the use of contracts and agreements under subsection 7b77#a72 and 7#b7 issue a request for proposals from eligible restoration providers to meet the ecological requirements of habitat and ecosystem restoration1 mitigation1 and enhancement for the eligible projects identified under paragraph 7#a74 7e7 ,certification ,after the date on which an eligible project identified under subsection 7d77#a7 is completed1 the ,secretary shall certify that the work on the eligible project was completed in accordance with the ecological requirements and outcomes defined in advance in the applicable contract or agreement4 7f7 ,technical assistance ,at the request of an eligible restoration provider entering into a contract or agreement with the ,secretary under subsection 7b77#a71 the ,secretary may provide to the eligible restoration provider technical assistance with respect to-- 7#a7 conducting a study1 engineering activity1 or design activity related to an eligible project carried out by the eligible restoration provider under this section2 and 7#b7 obtaining permits necessary for the eligible project4 7g7 ,effect ,nothing in this section authorizes the ,secretary to waive-- 7#a7 the obligations of the ,secretary under-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 or 7,d7 any other provision of ,federal environmental law2 or 7#b7 the obligations of a non-,federal party to comply with applicable ,federal and ,state laws4 7h7 ,non-,federal funding ,the restoration provider may finance the applicable non-,federal share of an eligible project carried out under the authority provided under subsection 7b77#a71 on the condition that the non-,federal cost-share responsibility remains with the non-,federal party4 7i7 ,cost share ,nothing in this section affects a cost-sharing requirement under ,federal law that is applicable to an eligible project carried out under the authority provided under subsection 7b77#a74 7j7 ,mitigation ,nothing in this section authorizes ,federal funding to meet existing environmental mitigation or compliance obligations that are express requirements of a permit or order issued under ,federal or ,state law1 unless the requirements expressly contemplate reliance on ,federal funding for the performance of the requirements4 7k7 ,report 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 submit to the authorizing committees of ,congress and make publicly available a report describing the results of activities carried out under the authority established under subsection 7b77#a71 including any recommendations of the ,secretary on whether the authority or any component of the authorized activities should be implemented on a national basis2 and 7,b7 except as provided in subsection 7g71 identify any procedural requirements that impede the use of performance-based contracts1 grants1 and cooperative agreements1 including fixed amount awards1 for the development and completion of eligible projects4 7#b7 ,addressing impediments ,not later than #a year after the date on which the ,secretary identifies impediments1 if any1 under paragraph 7#a77;,b71 the ,secretary shall develop and implement programmatic procedures and approaches1 including recommendations to the authorizing committees of ,congress on legislation1 that would-- 7,a7 to the extent practicable1 address the impediments2 and 7,b7 protect the public interest and any public investment in eligible projects carried out under this section4 ,,iv ,miscellaneous #dja4 ,modifications to drought program under the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7a7 ,assistance during drought2 water purchases ,section #aja of the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7#dc ,u4,s4,c4 #bbaa7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the first sentence1 by striking ,consistent and inserting the following3 7#a7 ,in general ,subject to paragraph 7#b7 and consistent 2 7,b7 in paragraph 7#a7 7as so designated71 in the second sentence1 by striking ,any construction activities and inserting the following3 7#b7 ,limitation ,any construction activities 2 and 7,c7 in paragraph 7#b7 7as so designated71 by striking except that and all that follows through the period at the end and inserting the following3 except that the following may be permanent facilities3 7,a7 ,a construction project-- 7i7 for which ,federal expenditures are not more than #cj1jjj1jjj2 and 7ii7 that is supported by-- 7,i7 the ,governor or the relevant agency head of the affected ,state2 or 7,,ii7 if the construction project is on a reservation1 by the affected ,indian ,tribe4 7,b7 ,a well drilled to minimize losses and damages from drought conditions that-- 7i7 aligns with applicable local1 ,state1 or regional groundwater sustainability goals2 or 7ii7 supports drinking water supplies for a disadvantaged community 7as defined in section #b of the ,support ,to ,rehydrate the ,environment1 ,agriculture1 and ,municipalities ,act7 or ,indian ,tribe4 2 and 7#b7 by adding at the end the following3 7e7 ,funding for fee-,based environmental programs 7#a7 ,in general ,for any fiscal year for which1 due to a drought1 as determined by the ,secretary1 there are insufficient funds to carry out any environmental program that is funded in whole or in part by fees based on the water volume of water delivered by a ,federal reclamation project 7including fees collected under section #cdjg7;c7 of the ,reclamation ,projects ,authorization and ,adjustment ,act of #aiib 7,public ,law #ajb-ege2 #ajf ,stat4 #dgbf771 the ,secretary may use other unobligated amounts made available to the ,secretary to carry out the environmental program for the fiscal year4 7#b7 ,nonreimbursable funds ,notwithstanding any other provision of law1 amounts made available under paragraph 7#a7 shall be nonreimbursable4 7#c7 ,effect ,nothing in this subsection affects-- 7,a7 the authority of the ,secretary to address insufficient funding for an environmental program described in paragraph 7#a7 that is not a result of a drought2 or 7,b7 the obligations of the ,secretary to the environment under ,federal law4 4 7b7 ,applicable period of drought program ,section #ajd of the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7#dc ,u4,s4,c4 #bbad7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,the programs and authorities established under this title shall not become operative in any ,reclamation ,state or in the ,state of ,hawaii until the date on which-- 7#a7 7,a7 the ,governor of the affected ,state1 and the governing body of the affected ,indian ,tribe with respect to a reservation1 has made a request for temporary drought assistance2 and 7,b7 the ,secretary has determined that the temporary assistance is merited2 7#b7 a drought emergency has been declared for a ,state or portion of a ,state by the ,governor of each affected ,state2 or 7#c7 a drought contingency plan is approved in accordance with title ,,ii4 2 and 7#b7 in subsection 7c71 by striking #bjba and inserting #bjca4 7c7 ,municipal wells2 funding under the ,infrastructure ,investment and ,jobs ,act ,section #iejd7;a77#c7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;a77#c77 is amended by adding at the end the following3 7,g7 ,municipal wells ,a grant or agreement entered into by the ,secretary with any eligible applicant under paragraph 7#a7 to drill a groundwater well for municipal supply to minimize losses and damages from drought conditions1 including construction activities to transport or otherwise convey groundwater pumped from the well1 shall not contribute to an increase in the net water use of the eligible applicant beyond the period of any drought emergency1 except if-- 7i7 the groundwater well is for the purpose of supplying drinking water for a disadvantaged community 7as defined in section #b of the ,support ,to ,rehydrate the ,environment1 ,agriculture1 and ,municipalities ,act7 or ,indian ,tribe2 or 7ii7 the new groundwater use is partially offset by aquatic habitat enhancement-- 7,i7 during the drought period2 or 7,,ii7 over the long-term1 including a future drought period4 7,h7 ,funding under the ,infrastructure ,investment and ,jobs ,act ,for purposes of amounts made available to carry out this section under paragraph 7#g7 of section #djija of the ,infrastructure ,investment and ,jobs ,act 7#dc ,u4,s4,c4 #cbja7 for each of fiscal years #bjbe and #bjbf1 projects or activities eligible for funding under that paragraph may include a combination of proposed planning activities1 actions1 or projects within a basin1 with the maximum amount of the combined activities not to exceed the maximum amount established under subparagraph 7,e77iii74 4 #djb4 ,clarification of authority to use coronavirus fiscal recovery funds to meet a non-,federal matching requirement for authorized water projects 7a7 ,coronavirus state fiscal recovery fund ,section #fjb7;c77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #hjb7;c77#d77 is amended-- 7#a7 in the paragraph heading1 by striking bureau of reclamation2 and 7#b7 by striking an authorized ,bureau of ,reclamation project and inserting a project undertaken or funded by the ,bureau of ,reclamation pursuant to an ,act of ,congress4 7b7 ,coronavirus local fiscal recovery fund ,section #fjc7;c77#e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #hjc7;c77#e77 is amended by striking an authorized ,bureau of ,reclamation project and inserting a project undertaken or funded by the ,bureau of ,reclamation pursuant to an ,act of ,congress4 #djc4 ,environmental compliance ,no water recycling project1 non-,federal storage project1 eligible desalination project1 project eligible for a loan under the pilot program under section #aje1 or a project eligible for a grant under section #ajf shall receive ,federal funding under this ,act unless the applicable project complies with-- 7#a7 applicable ,federal environmental laws2 and 7#b7 applicable ,state environmental laws4 #djd4 ,effect ,nothing in this ,act or an amendment made by this ,act shall be interpreted or implemented in a manner that interferes with any obligation of a ,state under the ,rio ,grande ,compact or any other compact approved by ,congress under the ,act of ,may #ca1 #aici 7#ec ,stat4 #ghe1 chapter #aee71 or any litigation relating to the ,rio ,grande ,compact or other compact4