,,ii #aahth ,,congress #b;d ,session ,s4 #dagb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ah1 #bjbd,mr4 ,kelly 7for himself1 ,mr4 ,padilla1 ,ms4 ,sinema1 ,mr4 ,heinrich1 and ,ms4 ,rosen7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to provide for water conservation1 drought operations1 and drought resilience at water resources development projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,drought ,resilient ,infrastructure ,act of #bjbd4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of the ,army4 #c4 ,water conservation measures 7a7 ,in general ,the ,secretary is authorized to carry out water conservation measures as part of water resources development projects for which water supply is an authorized project purpose4 7b7 ,inclusions ,water conservation measures authorized under subsection 7a7 may include-- 7#a7 operational measures to enhance stormwater retention or aquifer recharge1 including the use of nonstructural1 natural features or nature-based features2 7#b7 releases to augment water supply at another facility2 7#c7 modifications to existing ,corps of ,engineers facilities 7including the addition of new project features and the use of nonstructural1 natural features or nature-based features7 to enhance stormwater retention1 water storage1 or aquifer recharge2 and 7#d7 other actions designed to conserve limited water resources4 7c7 ,requirement ,the ,secretary shall ensure that water conservation measures authorized under subsection 7a7 are carried out consistent with other authorized project purposes4 7d7 ,contributed funds ,notwithstanding any other provision of law1 the ,secretary may receive and expend funds contributed by a non-,federal interest or a ,federal agency to carry out measures authorized under subsection 7a74 7e7 ,effect 7#a7 ,in general ,nothing in this section-- 7,a7 affects any other authority of the ,secretary to use amounts derived from revenues from a ,bureau of ,reclamation project2 or 7,b7 creates1 impairs1 alters1 or supersedes a ,state water right4 7#b7 ,applicable law ,in carrying out this section1 the ,secretary shall comply with all applicable-- 7,a7 ,state water laws2 7,b7 ,federal laws and policies2 and 7,c7 interstate water compacts4 #d4 ,emergency drought operations 7a7 ,definition of covered project ,in this section1 the term covered project means any of the following3 7#a7 ,a project of the ,corps of ,engineers4 7#b7 ,a project for which the ,secretary develops a water control manual under section #g of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hij1 chapter #ffe2 #cc ,u4,s4,c4 #gji74 7b7 ,emergency operation during drought 7#a7 ,in general ,consistent with other authorized project purposes1 with respect to the operation of a covered project during a drought or long-term drought conditions in the project area1 the covered project shall be operated with water supply and water conservation as the primary project purposes4 7#b7 ,coordination ,the operation of a covered project in accordance with paragraph 7#a7 shall be carried out in coordination with the applicable non-,federal interest or ,federal agency1 to the extent practicable4 7c7 ,updates ,in carrying out this section1 the ,secretary1 in consultation with the applicable non-,federal interest or ,federal agency1 to the extent practicable1 shall update the water control manual for a covered project to include drought operations and contingency plans4 7d7 ,requirements ,in carrying out subsection 7b71 the ,secretary shall ensure that-- 7#a7 operations described in that subsection-- 7,a7 are consistent with water management deviations and drought contingency plans in the water control manual for the covered project2 7,b7 impact only the flood pool managed by the ,secretary2 and 7,c7 are not being carried out in the event of a forecast or anticipated flood or weather event that would require the flood risk management mission to take precedence2 7#b7 to the extent practicable1 the ,secretary uses forecast-informed reservoir operations2 and 7#c7 the covered project returns to operation with original authorized project purposes1 at a time determined by the ,secretary4 7e7 ,contributed funds ,notwithstanding any other provision of law1 the ,secretary may receive and expend funds contributed by a non-,federal interest or a ,federal agency to carry out activities under this section4 7f7 ,coordination ,the ,secretary1 to the maximum extent practicable1 shall coordinate with ,state and local authorities and relevant ,federal agencies in carrying out this section4 7g7 ,savings provisions ,nothing in this section preempts or affects-- 7#a7 water rights and water supply agreements2 7#b7 any ,state water law2 7#c7 any interstate compact governing water2 or 7#d7 any obligation to comply with the provisions of any ,federal or ,state environmental law1 including-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7,c7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7h7 ,authorization of appropriations ,section #e7;a7 of the ,act of ,august #ah1 #aida 7commonly known as the ,flood ,control ,act of #aida7 7#ee ,stat4 #fej1 chapter #cgg2 #cc ,u4,s4,c4 #gjan7a771 is amended by adding at the end the following3 7#f7 ,authorization of appropriations for emergency drought operations ,of the amounts made available for each fiscal year to carry out this subsection1 not less than #e1jjj1jjj for each of fiscal years #bjbd through #bjcd shall be used to carry out section #d of the ,drought ,resilient ,infrastructure ,act of #bjbd4 4 #e4 ,drought resilience 7a7 ,in general ,the ,secretary may carry out a drought resilience project if the ,secretary determines that the project-- 7#a7 will provide for drought resilience1 including-- 7,a7 water conservation measures to mitigate and address drought conditions2 7,b7 the management of sediment for increased water in the system2 7,c7 the mitigation and monitoring associated with aquatic or riparian non-native species that exacerbate drought conditions1 such as salt cedar2 7,d7 the planting of native plant species that will reduce the risk of recurrence and threat associated with non-native plant species2 or 7,e7 other actions that increase drought resilience1 including the use of nonstructural1 natural features or nature-based features2 7#b7 is in the public interest2 and 7#c7 is cost effective4 7b7 ,cost sharing 7#a7 ,in general ,the non-,federal interest shall provide #ce percent of the cost of construction of a project under this section4 7#b7 ,items provided by non-,federal interests 7,a7 ,in general ,the non-,federal interest for a project under this section shall provide all land1 easements1 rights-of-way1 and relocations necessary for the project4 7,b7 ,credit ,the value of the land1 easements1 rights of-way1 and relocations referred to in subparagraph 7,a7 shall be credited toward the non-,federal share of the cost of the project under paragraph 7#a74 7c7 ,agreements ,construction of a project under this section shall be initiated only after the ,secretary and the non-,federal interest enter into an agreement under which the non-,federal interest agrees to pay-- 7#a7 the non-,federal share of the cost of construction required under this section2 and 7#b7 #ajj percent of any operation1 maintenance1 and replacement and rehabilitation costs with respect to the project1 in accordance with regulations prescribed by the ,secretary4 7d7 ,cost limitation ,not more than #aj1jjj1jjj in ,federal funds may be allotted under this section for a project at any single locality4 7e7 ,technical assistance ,as part of carrying out a project under this section1 the ,secretary may provide technical assistance to non-,federal interests necessary to support comprehensive1 system-wide approaches and operations1 maintenance1 and replacement and rehabilitation that take into account changing conditions from extreme and prolonged weather events4 7f7 ,funding ,there is authorized to be appropriated to carry out this section #ce1jjj1jjj for each fiscal year4 7g7 ,savings provisions ,nothing in this section preempts or affects-- 7#a7 water rights and water supply agreements2 7#b7 any ,state water law2 or 7#c7 any interstate compact governing water4 7h7 ,conforming amendments 7#a7 ,section #ajcj7;a77#a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #djj7a77 is amended by adding at the end the following3 7,l7 ,section #e of the ,drought ,resilient ,infrastructure ,act of #bjbd4 4 7#b7 ,section #gjja7;c77#a77;,d77iii7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d7c77#a77;,d77iii77 is amended-- 7,a7 in subclause 7,,viii71 by striking and at the end2 7,b7 in subclause 7,,ix71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,x7 section #e of the ,drought ,resilient ,infrastructure ,act of #bjbd4 4 #f4 ,leveraging ,federal infrastructure for increased water supply ,section #aaah7;i77#b7 of the ,water ,resources ,development ,act of #bjaf 7#dc ,u4,s4,c4 #cij;b-#b7;i77#b77 is amended-- 7#a7 by inserting or a ,federal agency after non-,federal interest2 and 7#b7 by inserting and to carry out any infrastructure modifications required to implement the revised operational documents after documents4 #g4 ,water supply purpose1 ,colorado ,river ,basin ,states 7a7 ,definition of ,colorado ,river ,basin ,state ,in this section1 the term ,colorado ,river ,basin ,state means any of the following ,states3 7#a7 ,arizona4 7#b7 ,california4 7#c7 ,colorado4 7#d7 ,nevada4 7#e7 ,new ,mexico4 7#f7 ,utah4 7#g7 ,wyoming4 7b7 ,modifications ,each project of the ,corps of ,engineers in a ,colorado ,river ,basin ,state shall be modified to include water supply as a project purpose if a request for such a modification is made to the ,secretary by-- 7#a7 the non-,federal sponsor of the project2 or 7#b7 in the case of a project for which there is no non-,federal sponsor1 the ,governor of the applicable ,colorado ,river ,basin ,state4 7c7 ,coordination ,the ,secretary1 to the maximum extent practicable1 shall coordinate with ,state and local authorities in carrying out this section4 #h4 ,forecast-informed reservoir operations pilot program ,section #abbb of the ,america's ,water ,infrastructure ,act of #bjah 7#acb ,stat4 #chaa2 #acd ,stat4 #bffa7 is amended by adding at the end the following3 7d7 ,forecast-,informed reservoir operations pilot program ,the ,secretary shall carry out a pilot program for the use of forecast-informed reservoir operations in the ,south ,pacific ,division of the ,corps of ,engineers-- 7#a7 with the goal of providing for drought resilience2 and 7#b7 for further development and application of the forecast-informed reservoir operations screening process developed by the ,corps of ,engineers to assess the suitability of performing a full forecast-informed reservoir operations 7commonly known as ,,firo7 viability assessment and prioritizing water conservation as a project purpose at projects located in a ,colorado ,river ,basin ,state 7as defined in section #g7;a7 of the ,drought ,resilient ,infrastructure ,act of #bjbd74 4 #i4 ,invasive species that exacerbate drought 7a7 ,aquatic ecosystem restoration ,section #bjf7;a7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj7;a77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 in clause 7i71 by striking or at the end2 7,b7 in clause 7ii71 by striking and at the end and inserting or2 and 7,c7 by adding at the end the following3 7iii7 will provide for drought resilience2 and 2 and 7#b7 by adding at the end the following3 7#d7 ,removal and mitigation of invasive species ,a project under this section may include measures to remove and mitigate invasive aquatic or riparian species that exacerbate drought conditions and risk of fire1 including the replacement of invasive species with non-invasive native species that reduce the risk of regrowth of invasive species4 4 7b7 ,project modifications for improvement of environment ,section #aace of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcji;a7 is amended-- 7#a7 in subsection 7c71 by adding at the end the following3 7#c7 ,control of aquatic or riparian invasive species that exacerbate drought conditions and the risk of fire ,the ,secretary may use the authority under this section for the mitigation of salt cedar and replacement with native species plantings4 2 and 7#b7 in subsection 7e7-- 7,a7 by striking 7e7 ,the ,secretary and inserting the following3 7e7 ,coordination and assistance 7#a7 ,coordination ,the ,secretary 2 and 7,b7 by adding at the end the following3 7#b7 ,technical assistance ,the ,secretary may provide technical assistance to a non-,federal interest managing land adjacent to the water resources project being modified under this section if the ,secretary determines the assistance to be necessary in order to extend the benefit or enable success of the modification4 4 #aj4 ,silver ,jackets program ,section #bjf of the ,flood ,control ,act of #aifj 7#cc ,u4,s4,c4 #gji;a7 is amended by adding at the end the following3 7f7 ,silver ,jackets program ,there is authorized to be appropriated #be1jjj1jjj for each fiscal year to carry out the ,silver ,jackets program of the ,secretary established pursuant to this section and section #bjd of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacd74 4 #aa4 ,tribal partnership program 7a7 ,removal of restriction ,section #bjc of the ,water ,resources ,development ,act of #bjjj 7#cc ,u4,s4,c4 #bbfi7 is amended by striking subsection 7e74 7b7 ,cost-,share ,section #bjc7;d7 of the ,water ,resources ,development ,act of #bjjj 7#cc ,u4,s4,c4 #bbfi7;d77 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by striking #ej percent and inserting #aj percent2 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,other costs ,the costs of design and construction of a project described in subparagraph 7,a7 shall be assigned to the appropriate project purposes and shared as described in sections #aja and #ajc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa1 #bbac7 except that-- 7i7 the non-,federal share shall be #aj percent2 7ii7 in the case of a navigation project-- 7,i7 section #aja7;a77#b7 of that ,act 7#cc ,u4,s4,c4 #bbaa7;a77#b77 shall not apply2 and 7,,ii7 the value of land1 easements1 rights-of-way1 and relocations under subsection 7a77#c7 of section #aja of that ,act 7#cc ,u4,s4,c4 #bbaa7 and the costs of relocations under subsection 7a77#d7 of that section shall be included in the total project costs and credited toward the non-,federal share under clause 7i72 and 7iii7 in the case of a flood risk management project1 section #ajc7;a77#a77;,a7 of that ,act 7#cc ,u4,s4,c4 #bbac7;a77#a77;,a77 shall not apply4 2 and 7#b7 in paragraph 7#e77;,a71 by striking #be percent and inserting #aj percent4