,,ii #aahth ,,congress #ast ,session ,s4 #bbjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bb1 #bjbc,mrs4 ,feinstein 7for herself and ,mr4 ,padilla7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,omnibus ,public ,land ,management ,act of #bjji to authorize the modification of transferred works to increase public benefits and other project benefits as part of extraordinary operation and maintenance work1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,restore ,aging ,infrastructure ,now ,act or the ,,rain ,act4 #b4 ,extraordinary operation and maintenance work2 project modification 7a7 ,definitions ,section #ifja of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj7 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#g71 7#i71 7#aj71 7#aa71 7#ab71 and 7#c71 respectively1 and moving the paragraphs so as to appear in numerical order2 7#b7 by inserting before paragraph 7#c7 7as so redesignated7 the following3 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-- 7,a7 the project with restored capacity1 if the extraordinary operation and maintenance work under section #ifjc is intended to restore lost project capacity2 7,b7 the project prior to undertaking the extraordinary operation and maintenance work under section #ifjc1 if the extraordinary operation and maintenance work is for any purpose other than to restore lost project capacity2 or 7,c7 project operations of the modified project without an increase in benefits for a new project beneficiary under section #ifjc7;e77#a77;,e74 7#b7 ,disadvantaged community ,the term disadvantaged community has the meaning given the term low-income community in section #de;,d7e7 of the ,internal ,revenue ,code of #aihf4 2 7#c7 in paragraph 7#c7 7as so redesignated7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 inclusive of any modifications to the facilities or facility components authorized under section #ifjc7;e74 2 7#d7 by inserting after paragraph 7#d7 7as so redesignated7 the following3 7#e7 ,new benefit ,the term new benefit means the increase in benefits of the modified project compared to the benefits provided by-- 7,a7 the project with restored capacity1 if the extraordinary operation and maintenance work under section #ifjc is intended to restore lost project capacity2 or 7,b7 the project as the project existed prior to undertaking the extraordinary operation and maintenance work under section #ifjc1 if the extraordinary operation and maintenance work is for any purpose other than to restore lost project capacity4 7#f7 ,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 supply from the project4 2 and 7#e7 by inserting after paragraph 7#g7 7as so redesignated7 the following3 7#h7 ,public benefit ,the term public benefit1 with respect to a modified project1 means-- 7,a7 a public benefit identified under the reclamation laws2 or 7,b7 a drinking water benefit for #a or more disadvantaged communities1 including through groundwater recharge1 if-- 7i7 the drinking water meets applicable regulatory standards2 7ii7 the drinking water benefit exceeds express mitigation or compliance requirements under ,federal or ,state law2 7iii7 the modified project reduces the unit cost per volume1 improves water quality1 or increases the reliability or quantity of the drinking water supply of the disadvantaged community as compared to the condition of the drinking water or other sources of drinking water available before the modification of the project2 7iv7 the drinking water benefit is quantified in a public process1 including outreach to representatives of the affected disadvantaged community at the earliest practicable opportunity1 to determine the scope of funding2 and 7v7 negative impacts on water quality for other communities are not caused as part of the modified project4 4 7b7 ,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#b71 by striking the costs and inserting from the ,aging ,infrastructure ,account established by subsection 7d77#a7 or any other applicable available account the costs1 including reimbursable costs and nonreimbursable costs12 and 7#b7 by adding at the end the following3 7#d7 ,determination of nonreimbursable costs ,any costs advanced under paragraph 7#b7 that are allocated to nonreimbursable purposes of the project1 including public benefits described in section #ifja7h77;,b71 shall be considered to be nonreimbursable costs4 4 7c7 ,aging infrastructure account conforming amendments ,section #ifjc7;d7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj;b7d77 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking the funds and inserting reimbursable funds2 7#b7 in paragraph 7#b7-- 7,a7 by striking to fund and inserting to fund12 and 7,b7 by striking the funds for and inserting reimbursable funds for12 7#c7 in paragraph 7#c77;,a71 by striking the amounts and inserting the reimbursable amounts2 and 7#d7 in paragraph 7#d77;,b77i71 by inserting 1 including projects under subsection 7e7 after this section4 7d7 ,authorization ,to modify transferred works ,to increase public benefits and other project benefits as part of extraordinary operation and maintenance work ,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 transferred works ,to increase public benefits and other project benefits as part of extraordinary operation and maintenance work 7#a7 ,authorization2 requirements 7,a7 ,in general ,the ,secretary1 in consultation with any transferred works operating entity and any project beneficiaries and as part of extraordinary operation and maintenance work under this section1 may develop and carry out a proposal to modify project features for transferred works 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,g74 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 planned extraordinary operation and maintenance work1 in the case of a project for which the original cost of the planned extraordinary operation and maintenance work exceeds #ajj1jjj1jjj2 or 7ii7 #be1jjj1jjj1 in the case of a project for which the original cost of the planned extraordinary operation and maintenance work 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 project1 as compared to the original planned extraordinary operation and maintenance work1 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 entity2 and 7ii7 consistent with paragraph 7#b71 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,g7 ,eligibility of certain project modifications ,if a project modification that is otherwise eligible under subparagraph 7,a7 is in the planning1 design1 or construction phase as of ,december #ca1 #bjbb1 the project modification shall remain eligible to be developed under that subparagraph4 7#b7 ,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#a77;,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 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#a77;,d72 or 7,,ii7 7aa7 an explanation that the ,secretary has determined that no consent is required under paragraph 7#a77;,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#a77;,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 transferred works operating entity 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#a77;,d7 by #a year4 7#c7 ,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#a71 to provide that-- 7,a7 annual operation and maintenance costs associated with nonreimbursable purposes of the project 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#d7 ,incentive for benefitting entities to participate in projects with increased public benefits 7,a7 ,in general ,the total amount of reimbursable capital costs1 as determined under paragraph 7#c71 for extraordinary operation and maintenance work described in subparagraph 7,b7 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,b7 ,description of extraordinary operation and maintenance work ,the extraordinary operation and maintenance work referred to in subparagraph 7,a7 is extraordinary operation and maintenance work involving a project modification that would increase nonreimbursable public benefits without increasing reimbursable municipal1 industrial1 or irrigation benefits from the original design of the planned extraordinary operation and maintenance work4 7#e7 ,reimbursable funds ,all reimbursable costs under this subsection shall be repaid in accordance with subsection 7b74 4