S. 5011 — Reported in Senate

II Calendar No. 641 118th CONGRESS 2d Session S. 5011 IN THE SENATE OF THE UNITED STATES September 10, 2024Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources November 21, 2024Reported by Mr. Manchin, without amendment A BILL To establish the Integrated Water Management Federal Leadership Committee, to provide for improved drought resilience and dam safety, and for other purposes. 1. Short title This Act may be cited as the Sacramento River Improvement and Vitality for Ecosystem Restoration Act of 2024 or the Sacramento RIVER Act of 2024. 2. Integrated Water Management Federal Leadership Committee for assisting habitat restoration projects (a) Definitions In this section: (1) Committee The term Committee means the Integrated Water Management Federal Leadership Committee established under subsection (b). (2) Eligible entity The term eligible entity means an entity or qualified partner sponsoring a habitat restoration project in a watershed in which a Bureau of Reclamation project is located that receives a grant, cooperative agreement, or other financial assistance agreement from the Secretary. (3) Secretary The term Secretary means the Secretary of the Interior. (b) Establishment Not later than 180 days after the date on which an eligible entity submits to the Secretary a request for the establishment of the Integrated Water Management Federal Leadership Committee, the Secretary may establish the Integrated Water Management Federal Leadership Committee. (c) Chairperson The Assistant Secretary for Water and Science of the Department of the Interior shall— (1) serve as the chairperson of the Committee; and (2) coordinate the activities of, and communication among, members of the Committee. (d) Membership The Committee shall include representatives of Federal agencies, as appropriate, with responsibility for water and natural resource issues, including representatives of— (1) the Bureau of Reclamation; (2) the United States Fish and Wildlife Service; (3) the National Marine Fisheries Service; (4) the Corps of Engineers; (5) the Environmental Protection Agency; and (6) the Department of Agriculture. (e) Duties and responsibilities The members of the Committee shall establish the duties and responsibilities of the Committee, including— (1) facilitating communication and collaboration among Federal agencies to support and advance any habitat restoration projects for which an eligible entity requests the assistance of the Committee; (2) ensuring the effective coordination among relevant Federal agencies and departments to ensure accelerated implementation of any habitat restoration projects for which an eligible entity requests the assistance of the Committee; (3) making policy and budgetary recommendations, if determined to be appropriate by the Committee, to support the implementation of habitat restoration projects; and (4) reporting biannually to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives on actions taken by, and recommendations of, the Committee under paragraphs (1) through (3). (f) Project assistance On request of an eligible entity, the Committee shall assist the eligible entity with permit processing and interagency coordination with respect to the applicable habitat restoration project. 3. Use of revenue for drought resilience investments, extraordinary maintenance activities, or dam safety investments (a) Definitions In this section: (1) Dam safety investment The term dam safety investment means a project to satisfy dam safety standards— (A) under the Federal Guidelines for Dam Safety issued by the Federal Emergency Management Agency or the Interagency Committee on Dam Safety; (B) under the Bureau of Reclamation Dam Safety Program carried out under the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506 et seq.), including repayment of an obligation for a corrective action taken pursuant to that program; or (C) required by the State for a non-Federal dam in which a Bureau of Reclamation project or facility is located. (2) Drought resilience investment The term drought resilience investment means an improvement or addition to an eligible facility that would increase drought resilience in a Reclamation State. (3) Eligible facility The term eligible facility means— (A) a project or facility owned by the Bureau of Reclamation; and (B) a non-Federal facility that stores, transports, or delivers water to or from a Bureau of Reclamation project or facility. (4) Eligible temporary transfer The term eligible temporary transfer means the temporary and voluntary selling, leasing, 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 State. (5) Extraordinary maintenance activity The term extraordinary maintenance activity means annual payments on repayment obligations incurred under section 9603 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b). (6) Transferor The term transferor means the holder of a water service, transferred works, water repayment, or other contract that entitles the holder to water from a Bureau of Reclamation project or facility that undertakes an eligible temporary transfer. (b) Use of revenue for drought resilience investments, extraordinary maintenance activities, or dam safety investments (1) In general Notwithstanding the Act of February 25, 1920 (41 Stat. 451, chapter 86; 43 U.S.C. 521), or subsection J of section 4 of the Act of December 5, 1924 (43 Stat. 703, chapter 4; 43 U.S.C. 526), a transferor may retain 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 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391), in accordance with this section. (2) Use of funds Any funds retained by a transferor under paragraph (1) may be used on completion of the repayment of capital, if the funds are— (A) used for a drought resilience investment, extraordinary maintenance activity, or dam safety investment; or (B) placed in the reserve account of the transferor, to be used for future drought resilience investments, extraordinary maintenance activities, or dam safety investments, subject to paragraph (3). (3) Transfer of unused funds to reclamation fund Any funds placed in the reserve account of the transferor pursuant to paragraph (2)(B) that are not used for drought resilience investments, extraordinary maintenance activities, or dam safety investments by the date that is 10 years after the date of the placement shall be transferred to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093). (4) Reporting The transferor shall report to the Commissioner of Reclamation on the use of any uses of funds derived from an eligible temporary transfer. (5) Effect of section (A) In general Nothing in this section— (i) affects any other authority of the Secretary of the Interior to use amounts derived from revenues from a Bureau of Reclamation project; or (ii) creates, impairs, alters, or supersedes a State water right. (B) Applicable law Any eligible temporary transfer shall comply with all applicable— (i) State water laws; (ii) Federal laws and policies; and (iii) interstate water compacts. (c) Reclamation laws This section supplements and amends the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.). November 21, 2024Reported without amendment