,,ii #aagth ,,congress #ast ,session ,s4 #iec ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bd1 #bjba,mr4 ,wyden 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for drought preparedness and improved water supply reliability4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,water for ,conservation and ,farming ,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 ,technical amendment to the ,water ,desalination ,act of #aiif4,sec4 #ajb4 ,bureau of ,reclamation ,infrastructure ,fund4,sec4 #ajc4 ,watersmart extension and expansion4,,title ,,ii--,ecosystem protection and restoration,sec4 #bja4 ,waterbird and shorebird habitat creation program4,sec4 #bjb4 ,sustaining biodiversity during droughts4,sec4 #bjc4 ,reauthorization of ,cooperative ,watershed ,management ,program4,sec4 #bjd4 ,multibenefit projects to improve watershed health4,sec4 #bje4 ,drought planning and preparedness for critically important fisheries4,sec4 #bjf4 ,reauthorization of the ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj4 #b4 ,definitions ,in this ,act3 7#a7 ,fund ,the term ,fund means the ,bureau of ,reclamation ,infrastructure ,fund established by section #ajb7;a74 7#b7 ,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#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 ,i ,infrastructure development #aja4 ,technical amendment to the ,water ,desalination ,act of #aiif ,section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by redesignating the second paragraph 7#a7 7relating to eligible desalination projects7 as paragraph 7#b74 #ajb4 ,bureau of ,reclamation ,infrastructure ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,bureau of ,reclamation ,infrastructure ,fund1 consisting of-- 7#a7 such amounts as are deposited in the ,fund under subsection 7b77#a72 and 7#b7 any interest earned on investment of amounts in the ,fund under subsection 7c77#a77;,b74 7b7 ,deposits to fund 7#a7 ,in general ,for each of fiscal years #bjca through #bjfa1 the ,secretary of the ,treasury shall deposit in the ,fund #cjj1jjj1jjj of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 of which-- 7,a7 #ajj1jjj1jjj shall be expended by the ,secretary for water reclamation and reuse projects authorized under-- 7i7 the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h et seq472 or 7ii7 section #d7;a77#b7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih72 7,b7 #ajj1jjj1jjj shall be expended by the ,secretary for grants authorized under section #iejd of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd72 and 7,c7 #ajj1jjj1jjj shall be expended by the ,secretary to perform modifications to preserve the structural safety of ,bureau of ,reclamation dams and related facilities to ensure that ,bureau of ,reclamation facilities do not present unreasonable risks to public safety1 property1 or the environment1 if the expenditures-- 7i7 account for not more than #he percent of the total costs for any dam safety project2 and 7ii7 are made in accordance with section #c of the ,reclamation ,safety of ,dams ,act of #aigh 7#dc ,u4,s4,c4 #ejg74 7#b7 ,availability of amounts ,amounts deposited in the ,fund under paragraph 7#a7 shall-- 7,a7 be made available in accordance with this section1 without further appropriation2 and 7,b7 be in addition to amounts appropriated for the purposes described in this section under any other provision of law4 7c7 ,expenditures from fund 7#a7 ,in general ,subject to paragraph 7#b71 for each of fiscal years #bjca through #bjfa1 the ,secretary may expend from the ,fund1 in accordance with this section1 not more than an amount equal to the sum of-- 7,a7 the amounts deposited in the ,fund for the applicable fiscal year under subsection 7b77#a72 and 7,b7 the amount of interest accrued in the ,fund for the fiscal year in which the expenditures are made4 7#b7 ,additional expenditures 7,a7 ,in general ,the ,secretary may expend more in any fiscal year than the amounts described in paragraph 7#a7 if the additional amounts are available in the ,fund as a result of a failure of the ,secretary to expend all of the amounts available under paragraph 7#a7 in #a or more prior fiscal years4 7,b7 ,retention in accounts ,any additional amounts referred to in subparagraph 7,a7 shall-- 7i7 accrue interest in accordance with this section2 and 7ii7 only be expended for the purposes for which expenditures from the ,fund are authorized4 #ajc4 ,watersmart extension and expansion 7a7 ,water management improvement ,section #iejd7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,f71 by inserting 1 including through temporary1 voluntary1 and compensated transactions that decrease consumptive water use at a regional or watershed scale after imbalances2 and 7,b7 in subparagraph 7,j71 by striking clause 7i7 and inserting the following3 7i7 to increase ecological resilience to climate change by addressing climate-related impacts to1 or vulnerabilities of1 the water supply of the ,united ,states1 including by enhancing natural water storage within a floodplain or riparian wetland2 2 and 7#b7 in paragraph 7#c77;,b77i71 by striking subclause 7,,ii7 and inserting the following3 7,,ii7 to use the assistance provided under a grant or agreement to increase the consumptive use of water for agricultural operations above the pre-project levels1 as determined pursuant to the law of the ,state in which the operation of the eligible applicant is located4 4 7b7 ,authorization of appropriations ,section #iejd of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7 is amended by striking subsection 7e7 and inserting the following3 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #gjj1jjj1jjj1 to remain available until expended1 subject to the condition that #ej1jjj1jjj of that amount shall be used to carry out section #bjf of the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjae 7#dc ,u4,s4,c4 #fbj note2 ,public ,law #aac-bce74 4 ,,ii ,ecosystem protection and restoration #bja4 ,waterbird and shorebird habitat creation program 7a7 ,authorization of habitat creation program 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the ,secretary shall establish a program under which the ,secretary shall provide financial assistance to eligible agricultural producers in ,reclamation ,states1 in the form of direct payments or credits1 as applicable1 to compensate the eligible agricultural producers for the creation and maintenance of waterbird and shorebird habitats4 7#b7 ,limitation on amount of financial assistance ,not more than a total of #c1ejj1jjj of financial assistance may be provided for each fiscal year under paragraph 7#a74 7#c7 ,conditions ,financial assistance shall be provided under paragraph 7#a7 only if the ,secretary determines that the activities receiving the financial assistance would-- 7,a7 create new habitat that would not otherwise be created2 or 7,b7 maintain existing habitat that would not otherwise be maintained4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #c1ejj1jjj to carry out this section for each of fiscal years #bjbb through #bjbg1 to remain available until expended4 7c7 ,report ,not later than ,october #a1 #bjbb1 and every #b years thereafter1 the ,secretary shall submit to ,congress a report that describes the environmental performance of activities that are receiving1 or have received1 financial assistance under the program established under subsection 7a77#a7 during the period covered by the report4 #bjb4 ,sustaining biodiversity during droughts ,section #iejc7;b7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfc7;b77 is amended-- 7#a7 in paragraph 7#c77;,d71 by inserting and native biodiversity after wildlife habitat2 and 7#b7 in paragraph 7#d77;,b71 by inserting and drought biodiversity plans to address sustaining native biodiversity during periods of drought after restoration plans4 #bjc4 ,reauthorization of ,cooperative ,watershed ,management ,program ,section #fjjb of the ,omnibus ,public ,lands ,management ,act of #aigf 7#af ,u4,s4,c4 #ajae;a7 is amended by striking subsection 7g7 and inserting the following3 7g7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #bj1jjj1jjj for each of fiscal years #bjab through #bjba2 and 7#b7 #dj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 #bjd4 ,multibenefit projects to improve watershed health 7a7 ,definition of eligible applicant ,in this section1 the term eligible applicant means-- 7#a7 any ,reclamation ,state1 ,indian ,tribe1 irrigation district1 water district1 or organization with water or power delivery authority2 7#b7 any ,reclamation ,state1 regional authority1 or local agency or authority2 and 7#c7 any nonprofit conservation organization4 7b7 ,establishment of competitive grant program ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the heads of relevant agencies1 shall establish a competitive grant program under which the ,secretary shall award grants to eligible applicants for the design1 implementation1 and monitoring of conservation outcomes of habitat restoration projects that improve watershed health in a ,reclamation ,state by accomplishing #a or more of the following3 7#a7 ,ecosystem benefits4 7#b7 ,restoration of native species beyond existing or planned measures necessary to comply with ,federal or ,state laws relating to species recovery4 7#c7 ,mitigation against the impacts of climate change to fish and wildlife habitats4 7#d7 ,protection against invasive species4 7#e7 ,restoration of aspects of the natural ecosystem4 7#f7 ,enhancement of commercial or recreational fishing4 7#g7 ,enhancement of river-based recreation1 such as kayaking1 rafting1 and canoeing4 7c7 ,requirements 7#a7 ,in general ,in awarding a grant to an eligible applicant under subsection 7b71 the ,secretary-- 7,a7 shall give priority to an eligible applicant that would carry out a habitat restoration project that achieves more than #a of the benefits described in that subsection2 and 7,b7 may not provide a grant to carry out a habitat restoration project1 the purpose of which is to meet existing environmental mitigation or compliance obligations under ,federal or ,state law4 7#b7 ,compliance ,a habitat restoration project awarded a grant under subsection 7a7 shall comply with all applicable ,federal and ,state laws4 7d7 ,cost-,sharing requirement ,the ,federal share of the cost of any habitat restoration project that is awarded a grant under subsection 7b7-- 7#a7 shall not exceed #ej percent of the cost of the habitat restoration project2 or 7#b7 in the case of a habitat restoration project that provides benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration benefit accounts for at least #ge percent of the cost of the habitat restoration project1 as determined by the ,secretary1 shall not exceed #ge percent of the cost of the habitat restoration project4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aej1jjj1jjj for each of fiscal years #bjbb through #bjbe4 #bje4 ,drought planning and preparedness for critically important fisheries 7a7 ,definitions ,in this section3 7#a7 ,critically important fishery ,the term critically important fishery means-- 7,a7 a fishery located in a ,reclamation ,state that is commercially1 culturally1 or recreationally important2 7,b7 a fishery located in a ,reclamation ,state that contains fish species that are listed as threatened or endangered pursuant to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7,c7 a fishery located in a ,reclamation ,state that is used by #a or more ,indian ,tribes in the ,reclamation ,state for ceremonial subsistence or commercial purposes4 7#b7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,qualified tribal government ,the term qualified ,tribal ,government means any government of an ,indian ,tribe that the ,secretary determines-- 7,a7 is involved in fishery management and recovery activities1 including activities under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7,b7 has the management and organizational capability to maximize the benefits of assistance provided under subsection 7c74 7#d7 ,secretary ,the term ,secretary means the ,secretary1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service4 7b7 ,drought plan for critically important fisheries 7#a7 ,in general ,not later than ,january #a1 #bjbb1 and every #c years thereafter1 the ,secretary1 in consultation with the ,director of the ,national ,marine ,fisheries ,service1 the ,commissioner of ,reclamation1 the ,chief of ,engineers1 applicable ,state fish and wildlife agencies1 and qualified ,tribal ,governments1 shall prepare a plan to sustain the survival of critically important fisheries during future periods of extended drought through-- 7,a7 voluntary1 compensated actions by private landowners and water right holders2 or 7,b7 other investments in drought preparedness made by the ,secretary4 7#b7 ,considerations ,in preparing the plan under paragraph 7#a71 the ,secretary shall consider-- 7,a7 habitat restoration efforts designed to provide drought refugia and increased fishery resilience during droughts2 7,b7 relocating the release location and timing of hatchery fish to avoid predation and temperature impacts2 7,c7 barging of hatchery release fish to improve survival and reduce straying2 7,d7 coordination with water users1 the ,commissioner of ,reclamation1 ,state fish and wildlife agencies1 qualified ,tribal ,governments1 and interested public water agencies regarding voluntary water transfers1 including through groundwater substitution activities1 to determine if water releases can be collaboratively managed in a way that provides additional benefits for critically important fisheries without negatively impacting wildlife habitat2 7,e7 hatchery management modifications1 such as expanding hatchery production of fish during periods of extended drought1 if appropriate for a particular river basin2 7,f7 hatchery retrofit projects1 such as the installation and operation of filtration equipment and chillers1 to reduce disease outbreak1 egg mortality1 and other impacts of droughts in high water temperatures2 7,g7 increasing rescue operations of upstream migrating fish2 7,h7 improving temperature modeling and related forecasted information to predict water management impacts to the habitat of critically important fisheries with a higher degree of accuracy than current models2 7,i7 programs to reduce predation losses at artificially created predation hot spots2 7,j7 habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts2 and 7,k7 retrofitting existing water facilities to provide improved temperature conditions for fish4 7c7 ,public comment ,before finalizing a plan under subsection 7b71 the ,secretary shall provide for a public comment period of not less than #ij days4 7d7 ,authorization of appropriations for fish recovery efforts ,there is authorized to be appropriated to the ,secretary to carry out fish1 stream1 and hatchery activities relating to fish recovery efforts1 including activities carried out in coordination with the ,director of the ,national ,marine ,fisheries ,service1 the ,commissioner of ,reclamation1 the ,chief of ,engineers1 applicable ,state fish and wildlife agencies1 or a qualified ,tribal ,government1 #be1jjj1jjj for fiscal year #bjbb4 7e7 ,effect ,nothing in this section affects any obligation under any ,federal environmental law4 #bjf4 ,reauthorization of the ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj 7a7 ,definition of pacific drainage area ,section #b7a7 of the ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj 7#af ,u4,s4,c4 #ggg note2 ,public ,law #ajf-ejb7 is amended by inserting or a terminal lake before the period at the end4 7b7 ,authorization of appropriations ,section #aj7;a7 of the ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj 7#af ,u4,s4,c4 #ggg note2 ,public ,law #ajf-ejb7 is amended by striking #ae million through #bjba and inserting #be1jjj1jjj for each of fiscal years #bjbb through #bjbh4