80000. Table of contents
The table of contents for this division is as follows:
Division L — Public Lands, Tribal Communities, and Resilient Natural Infrastructure
L Public Lands, Tribal Communities, and Resilient Natural Infrastructure
I Water Resources Infrastructure
A Water Settlements Infrastructure
81101. Reclamation water settlements fund
Section 10501 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 407) is amended—
in subsection (b)(1), by inserting “and for fiscal year 2031 and each fiscal year thereafter” after “For each of fiscal years 2020 through 2029”;
in subsection (c)—
in paragraph (1)(A), by striking “for each of fiscal years 2020 through 2034” and inserting “for fiscal year 2020 and each fiscal year thereafter”; and
in paragraph (3)(C), by striking “for any authorized use” and all that follows through the period at the end and inserting “for any use authorized under paragraph (2).”; and
by striking subsection (f).
81102. Conveyance capacity correction project
In general— There is authorized to be appropriated to the Secretary of the Interior, $200,000,000 for fiscal years 2020 through 2023, in the aggregate, for the acceleration and completion of repairs to water conveyance facilities at transferred works in Reclamation States.
Eligibility— A project eligible for funding under this section is a project where—
repairs are major, non-recurring maintenance of a mission critical asset;
the Secretary determines that the project has lost 50 percent or more of its designed carrying capacity along some portion of the facility; and
the additional water made available for conveyance through the project would be used primarily for groundwater recharge to assist in meeting groundwater sustainability goals defined under State law.
Cost sharing—
Federal share— The Federal share of the cost of carrying out an activity described in this section shall not be more than 50 percent.
Non-federal share— The non-Federal share of the cost of carrying out an activity described in the section—
shall be not less than 50 percent; and
may be provided in cash or in-kind.
Restrictions— Funds authorized to be appropriated under this section may not be used to build new surface storage, raise existing reservoirs, or enlarge the carrying capacity of a canal beyond the project’s capacity as previously constructed by the Bureau of Reclamation.
Environmental compliance— In carrying out projects under this section, the Secretary of the Interior shall comply with all applicable environmental laws, including—
the National Environmental Policy Act of 1969;
the Endangered Species Act of 1973; and
other applicable State law.
Savings— Federal funds provided under this section shall be in addition to any and all Federal funding authorized in statute for such purposes and shall be non-reimbursable.
81103. Funding parity for water management goals and restoration goals
In addition to the funding authorized in section 10009 of Public Law 111–11, there are authorized to be appropriated an additional $200,000,000 (at October 2019 price levels) to implement the Restoration Goal of the Settlement described in section 10004 of Public Law 111–11.
B FUTURE Western Water Infrastructure and Drought Resiliency
81201. Short title
This subtitle may be cited as the “Furthering Underutilized Technologies and Unleashing Responsible Expenditures for Western Water Infrastructure and Drought Resiliency Act” or the “FUTURE Western Water Infrastructure and Drought Resiliency Act”.
81202. Definitions
In this subtitle:
Relevant committees of congress— The term relevant committees of Congress means—
the Committee on Natural Resources of the House of Representatives; and
the Committee on Energy and Natural Resources of the Senate.
Reclamation state— The term Reclamation State means a State or territory described in the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391).
Secretary— The term Secretary means the Secretary of the Interior, unless otherwise defined in a particular provision.
Indian Tribe— The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
1 Infrastructure development
81211. Competitive grant program for the funding of water recycling and reuse projects
Competitive grant program for the funding of water recycling and reuse projects— Section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575; 43 U.S.C. 390h et seq.) is amended by striking paragraphs (2) and (3) and inserting the following:
“(2) Priority—When funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the following criteria:
“(A) Projects that are likely to provide a more reliable water supply for States and local governments.
“(B) Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies.
“(C) Projects that are regional in nature.
“(D) Projects with multiple stakeholders.
“(E) Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements.”
Authorization of appropriations— Section 1602(g) of the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575; 43 U.S.C. 390h et seq.) is amended—
by striking “$50,000,000” and inserting “$500,000,000 through fiscal year 2025”; and
by striking “if enacted appropriations legislation designates funding to them by name,”.
in paragraph (1), by striking “and”;
in paragraph (2), by striking the period and inserting “; and”; and
by adding at the end the following:
“(3) section 4009(c).”
Limitation on funding— Section 1631(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h–13(d)) is amended by striking “$20,000,000 (October 1996 prices)” and inserting “$30,000,000 (January 2019 prices)”.
81212. Storage project development reports to congress
Definitions— In this section:
Non-federal interest— The term Non-Federal interest means an eligible entity or a qualified partner (as defined in section 81213(a)).
Project report— The term project report means the following documents prepared for a Federal storage project or major federally assisted storage project (as defined in section 81213(a)):
A feasibility study carried out pursuant to 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.) including any feasibility or equivalent studies prepared for a project pursuant to section 81213(c)(7)(B) or section 81213(d)(7)(B)(i) of this subtitle.
The Fish and Wildlife Coordination Act report described in section 81213(g) of this subtitle prepared for a project.
Any final document prepared for a project pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
A brief description of any completed environmental permits, approvals, reviews, or studies required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
A description of any determinations made by the Secretary under section 81213(d)(7)(A)(ii) for each project and the basis for such determinations.
Project study—
Federal storage project— With respect to a Federal storage project (as defined in section 81213(a)), the term project study means a feasibility study carried out pursuant to 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.) including a feasibility study prepared pursuant to section 81213(c)(7)(B) of this subtitle.
Major federally assisted storage project— With respect to a major federally assisted storage project (as defined in section 81213(a)), the term project study means the feasibility or equivalent studies prepared pursuant to section 81213(d)(7)(B)(i) of this subtitle.
Annual reports— Not later than February 1 of each year, the Secretary shall develop and submit to the relevant committees of Congress an annual report, to be entitled “Report to Congress on Future Storage Project Development”, that identifies the following:
Project reports— Each project report that meets the criteria established in subsection (d)(1)(A).
Proposed project studies— Any proposed project study submitted to the Secretary by a non-Federal interest pursuant to subsection (c) that meets the criteria established in subsection (d)(1)(A).
Proposed modifications— Any proposed modification to an authorized project or project study that meets the criteria established in subsection (d)(1)(A) that—
is submitted to the Secretary by a non-Federal interest pursuant to subsection (c); or
is identified by the Secretary for authorization.
Requests for proposals—
Publication— Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for project reports, proposed project studies, and proposed modifications to authorized projects and project studies to be included in the annual report.
Deadline for requests— The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for the proposals to be considered for inclusion in the annual report.
Notification— On the date of publication of each notice required by this subsection, the Secretary shall—
make the notice publicly available, including on the internet; and
provide written notification of the publication to the relevant committees of Congress.
Contents—
Project reports, proposed project studies, and proposed modifications—
Criteria for inclusion in report— The Secretary shall include in the annual report only those project reports, proposed project studies, and proposed modifications to authorized projects and project studies that—
are related to the missions and authorities of the Department of the Interior;
require specific congressional authorization, including by an Act of Congress;
have not been congressionally authorized;
have not been included in any previous annual report; and
if authorized, could be carried out by the Department of the Interior or a non-Federal entity eligible to carry out a major federally assisted storage project under section 81213.
Description of benefits—
Description— The Secretary shall describe in the annual report, to the extent applicable and practicable, for each proposed project study and proposed modification to an authorized project or project study included in the annual report, the benefits, as described in clause (ii), of each such study or proposed modification.
Benefits— The benefits (or expected benefits, in the case of a proposed project study) described in this clause are benefits to—
water supply and water management;
the environment, including fish and wildlife benefits estimated under section 81213(g) for a project report or proposed modification to an authorized project;
the protection of human life and property;
the national economy; or
the national security interests of the United States.
Identification of other factors— The Secretary shall identify in the annual report, to the extent practicable—
for each proposed project study included in the annual report, the non-Federal interest that submitted the proposed project study pursuant to subsection (c); and
for each proposed project study and proposed modification to a project or project study included in the annual report, whether the non-Federal interest has demonstrated—
that local support exists for the proposed project study or proposed modification to an authorized project or project study (including the project that is the subject of the proposed project study or the proposed modification to an authorized project study); and
the financial ability to provide the required non-Federal cost share.
Transparency— The Secretary shall include in the annual report, for each project report, proposed project study, and proposed modification to a project or project study included under paragraph (1)(A)—
the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of—
the project report;
the proposed project study;
the authorized project study for which the modification is proposed; or
construction of—
the project that is the subject of—
the project report;
the proposed project study; or
the authorized project study for which a modification is proposed; or
the proposed modification to a project;
a letter or statement of support for the project report, proposed project study, or proposed modification to a project or project study from each associated non-Federal interest;
the purpose of the project report, proposed project study, or proposed modification to a project or project study;
an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of—
the proposed modification to an authorized project study; and
construction of—
the project that is the subject of—
the project report; or
the authorized project study for which a modification is proposed, with respect to the change in costs resulting from such modification; or
the proposed modification to an authorized project; and
an estimate, to the extent practicable, of the monetary and nonmonetary benefits of—
the project that is the subject of—
the project report; or
the authorized project study for which a modification is proposed, with respect to the benefits of such modification; or
the proposed modification to an authorized project.
Certification— The Secretary shall include in the annual report a certification stating that each project report, proposed project study, and proposed modification to a project or project study included in the annual report meets the criteria established in paragraph (1)(A).
Appendix— The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (c) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph.
Special rule for initial annual report— Notwithstanding any other deadlines required by this section, the Secretary shall—
not later than 60 days after the date of the enactment of this Act, publish in the Federal Register a notice required by subsection (c)(1); and
include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (c)(1) by not later than 120 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section.
Publication— Upon submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet.
Consultation— The Secretary, acting through the Commissioner of Reclamation, shall confer with the relevant committees of Congress before submitting each annual report prepared under subsection (b).
Submission of individual project reports— Upon completion, project reports, including all required documents and reports under subsection (b), shall—
be submitted to the relevant committees of Congress; and
include discussion of the following findings by the Secretary—
whether the project is deemed to be feasible in accordance with the applicable feasibility standards under section 81213 and the reclamation laws;
The degree to which the project will provide benefits (or expected benefits, in the case of a proposed project study) as described in subsection (d)(1)(B)(ii) and other benefits under the reclamation laws; and
whether the project complies with Federal, State, and local laws.
81213. Funding for storage and supporting projects
Definitions— In this section:
Design; study—
In general— The terms design and study include any design, permitting, study (including a feasibility study), materials engineering or testing, surveying, or preconstruction activity relating to a Federal storage project, a major federally assisted storage project, a natural water storage project, or a standard federally assisted storage project as defined in this subsection.
Exclusions— The terms design and study do not include an appraisal study or other preliminary review intended to determine whether further study is appropriate for a Federal storage project, a major federally assisted storage project, a natural water storage project, or a standard federally assisted storage project as defined in this subsection.
Eligible entity— The term eligible entity means—
any State, political subdivision of a State, department of a State, or public agency organized pursuant to State law;
an Indian Tribe or an entity controlled by an Indian Tribe;
a water users’ association;
an agency established by an interstate compact; and
an agency established under State law for the joint exercise of powers.
Federal storage project— The term Federal storage project means—
any project in a Reclamation State that involves the construction, expansion, upgrade, or capital repair of a water storage facility or a facility conveying water to or from a surface or groundwater storage facility—
to which the United States holds title; and
that was authorized to be constructed, operated, and maintained pursuant to—
the reclamation laws; or
the Act of August 11, 1939 (commonly known as the Water Conservation and Utilization Act (16 U.S.C. 590y et seq.)); or
an ecosystem restoration project for watershed function, including a forest or watershed restoration project, that reduces the risk of water storage loss by reducing the risk of erosion or sediment loading into a water storage facility in a Reclamation State—
to which the United States holds title; and
that was authorized to be constructed, operated, and maintained pursuant to—
the reclamation laws; or
the Act of August 11, 1939 (commonly known as the Water Conservation and Utilization Act (16 U.S.C. 590y et seq.)).
Fish and wildlife benefits— The term fish and wildlife benefits means overall benefits or improvements to aquatic ecosystems and native fish and wildlife within a Reclamation State, including benefits for a wildlife refuge, that are in excess of—
existing fish and wildlife mitigation or compliance obligations under—
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4082);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
any other Federal law, State law or other existing requirement in regulations, permits, contracts, licenses, grants, or orders and decisions from courts or State or Federal agencies; or
existing environmental mitigation or compliance obligations as defined in section 6001(a)(32) of title 23 of the California Code of Regulations, with respect to benefits and improvements to aquatic ecosystems and native fish and wildlife within the State of California, in recognition of the State of California’s existing prohibitions against the use of public funds for environmental mitigation required under Federal and State law.
Major federally assisted storage project— The term major federally assisted storage project means any project in a Reclamation State that—
involves the construction, expansion, upgrade, or capital repair by an eligible entity or qualified partner of—
a surface or groundwater storage facility that is not federally owned; or
a facility that is not federally owned conveying water to or from a surface or groundwater storage facility; or
is an ecosystem restoration project for watershed function, including a forest or watershed restoration project, that reduces the risk of water storage loss by reducing the risk of erosion or sediment loading for a project described in subparagraph (A); and
provides benefits described in section 81212(d)(1)(B)(ii); and
has a total estimated cost of more than $250,000,000.
Natural water storage project— The term natural water storage project means a single project, a number of distributed projects across a watershed, or the redesign and replacement, or removal, of built infrastructure to incorporate elements, where the project or elements have the following characteristics:
Uses primarily natural materials appropriate to the specific site and landscape setting.
Largely relies on natural riverine, wetland, hydrologic, or ecological processes.
Results in aquifer recharge, transient floodplain water retention, or reconnection of historic floodplains to their stream channels with water retention benefits within a Reclamation State.
Is designed to produce two or more of the following environmental benefits:
Stream flow changes beneficial to watershed health.
Fish and wildlife habitat or migration corridor restoration.
Floodplain reconnection and inundation.
Riparian or wetland restoration and improvement.
Standard federally assisted storage project— The term standard federally assisted storage project means any project in a Reclamation State that—
involves the construction, expansion, upgrade, or capital repair by an eligible entity or qualified partner of—
a surface or groundwater storage facility that is not federally owned; or
a facility that is not federally owned conveying water to or from a surface or groundwater storage facility; or
is an ecosystem restoration project for watershed function, including a forest or watershed restoration project, that reduces the risk of water storage loss by reducing the risk of erosion or sediment loading for a project described in subparagraph (A);
provides benefits described in section 81212(d)(1)(B)(ii); and
has a total estimated cost of $250,000,000 or less.
Qualified partner— The term qualified partner means a non-profit organization operating in a Reclamation State.
Reclamation laws— The term reclamation laws means Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388; chapter 1093)), and Acts supplemental to and amendatory of that Act.
Storage project funding— There is authorized to be appropriated a total of $750 million for use by the Secretary through fiscal year 2026 to advance—
Federal storage projects within a Reclamation State in accordance with subsection (c);
major federally assisted storage projects within a Reclamation State in accordance with subsection (d);
natural water storage projects within a Reclamation State in accordance with subsection (e);
standard federally assisted storage projects within a Reclamation State in accordance with subsection (f); or
grandfathered storage projects in accordance with section 81214.
Federal storage projects—
Agreements— On request of an eligible entity or qualified partner and in accordance with this subsection, the Secretary may negotiate and enter into an agreement on behalf of the United States for the design, study, construction, expansion, upgrade, or capital repair of a Federal storage project located in a Reclamation State.
Federal share— Subject to the requirements of this subsection, the Secretary may fund up to 50 percent of the design and study costs of a Federal storage project and up to 50 percent of the construction costs of a Federal storage project.
Conditions for federal design and study funding— Funding provided under this subsection may be made available for the design and study of a Federal storage project if—
the Secretary secures a cost share agreement for design and study costs providing sufficient upfront funding to pay the non-Federal share of the design and study costs of the Federal storage project; and
the feasibility study for the Federal storage project is congressionally authorized by reference to the annual Report to Congress on Future Storage Project Development prepared under section 81212.
Conditions for federal construction funding— Funding provided under this subsection for the construction of a Federal storage project may be made available to a project if—
the project has been authorized by name in a Federal statute;
the project is a multi-benefit project that would, at a minimum, provide water supply reliability benefits (including additional storage, conveyance, or new firm yield) and fish and wildlife benefits as determined by the final estimate prepared pursuant to subsection (g);
construction funding for the project is congressionally approved by reference to the annual Report to Congress on Future Storage Project Development prepared under section 81212;
the Secretary secures an agreement providing sufficient upfront funding to pay the non-Federal share of the construction costs of the Federal storage project; and
The Secretary determines—
the project is technically and financially feasible;
the project provides water supply reliability benefits for a State or local government and fish and wildlife benefits; and
in return for the Federal cost-share investment in the project, at least a proportionate share of the project benefits are for—
fish and wildlife benefits as determined under subsection (g); or
non-reimbursable expenses authorized under the reclamation laws other than fish and wildlife expenses.
Notification— The Secretary shall submit to the relevant committees of Congress and make publicly available on the internet a written notification of the Secretary’s determinations regarding the satisfaction of the requirements under paragraphs (3) and (4) by not later than 30 days after the date of the determinations.
Environmental laws— In participating in a Federal storage project under this subsection, the Secretary shall comply with all applicable Federal environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and all State environmental laws of the Reclamation State in which the project is located involving the construction, expansion or operation of a water storage project or fish and wildlife protection, provided that no law or regulation of a State or political subdivision of a State relieve the Secretary of any Federal requirement otherwise applicable under this section.
Additional guidelines for restoration projects that reduce the risk of water storage losses—
Requirements— A restoration project described in section 81213(a)(3)(B) that receives funding under this subsection must—
have the potential to reduce the risk of water storage losses for a Federal storage project described in subsection (a)(3)(A) by reducing the risk of erosion or sediment loading; and
be designed to result in fish and wildlife benefits.
Draft feasibility study— Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue draft requirements for feasibility studies for Federal storage projects described in section 81213(a)(3)(B).
Feasibility study requirements— The draft feasibility study requirements issued under subparagraph (B) shall be consistent with requirements for a title XVI Feasibility Study Report, including the economic analysis, contained in the Reclamation Manual Directives and Standards numbered WTR 11–01, subject to any additional requirements necessary to provide sufficient information for making determinations under this section.
Final feasibility study requirements— The Secretary shall finalize the feasibility study requirements under subparagraph (C) by not later than 1 year after the date of the enactment of this Act.
Eligible partner— The Secretary is authorized to participate in a restoration project described in subsection (a)(3)(B) with a partner that is—
an eligible entity as defined in subsection (a)(2); or
a qualified partner as defined in subsection (a)(8).
Major federally assisted storage projects—
In general— In accordance with this subsection, the Secretary shall establish a competitive grant program to participate in the design, study, construction, expansion, upgrade, or capital repair of a major federally assisted storage project on request of an eligible entity or qualified partner. The competitive grant program established under this paragraph shall—
allow any project sponsor of a major federally assisted storage project to apply for funding for the design, study, construction, expansion, upgrade, or capital repair of a major federally assisted storage project;
include the issuance of annual solicitations for major federally assisted storage project sponsors to apply for funding for the design, study, construction, expansion, upgrade, or capital repair of a major federally assisted storage project; and
permit the Secretary to fund up to 25 percent of the design and study costs of a major federally assisted storage project and up to 25 percent of the construction costs of a major federally assisted storage project.
Funding priority for multi-benefit projects— In making grants under this subsection, the Secretary shall give funding priority to multi-benefit projects that provide greater—
water supply reliability benefits for States and local governments; and
fish and wildlife benefits.
Conditions for federal design and study funding— The Secretary may fund a design or study activity for a major federally assisted storage project under this subsection if—
the Governor of the State in which the major federally assisted storage project is located provides written concurrence for the design and study activities;
the Secretary secures an agreement for design and study costs providing sufficient upfront funding to pay the non-Federal share of the design and study costs of the major federally assisted storage project; and
the feasibility study for the major federally assisted storage project is congressionally authorized by reference to the annual Report to Congress on Future Storage Project Development prepared under section 81212.
Conditions for federal construction funding— Funding provided under this subsection for the construction of a major federally assisted storage project may be made available to a project if—
the project has been authorized by name in a Federal statute;
the project is a multi-benefit project that would, at a minimum, provide water supply reliability benefits (including additional storage, conveyance, or new firm yield) and fish and wildlife benefits as determined by the estimate prepared pursuant to subsection (g);
the Governor of the State in which the major federally assisted storage project is located has requested Federal participation at the time construction is initiated;
the Secretary secures an agreement committing to pay the non-Federal share of the capital costs of the major federally assisted storage project; and
the Secretary determines—
the project is technically and financially feasible;
the project provides water supply reliability benefits for a State or local government and fish and wildlife benefits; and
in return for the Federal cost-share investment in the project, at least a proportionate share of the project benefits are for—
fish and wildlife benefits as determined under subsection (g); or
other non-reimbursable expenses authorized under the reclamation laws other than fish and wildlife expenses.
Notification— The Secretary shall submit to the relevant committees of Congress and make publicly available on the internet a written notification of the Secretary’s determinations regarding the satisfaction of the requirements under paragraphs (3) and (4) by not later than 30 days after the date of the determinations.
Environmental laws— In participating in a major federally assisted storage project under this subsection, the Secretary shall comply with all applicable Federal environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and all State environmental laws of the Reclamation State in which the project is located involving the construction, expansion or operation of a water storage project or fish and wildlife protection, provided that no law or regulation of a State or political subdivision of a State relieve the Secretary of any Federal requirement otherwise applicable under this section.
Information—
In general— In participating in a major federally assisted storage project under this subsection, the Secretary—
may consider the use of feasibility or equivalent studies prepared by the sponsor of the major federally assisted storage project; but
shall retain responsibility for determining whether the feasibility or equivalent studies satisfy the requirements of reports prepared by the Secretary.
Guidelines—
Draft— Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue draft guidelines for feasibility or equivalent studies for major federally assisted storage projects prepared by a project sponsor that shall be consistent with requirements for a title XVI Feasibility Study Report, including the economic analysis, contained in the Reclamation Manual Directives and Standards numbered WTR 11–01, subject to—
any additional requirements necessary to provide sufficient information for making any determinations or assessments under paragraphs (2), (3), and (4); and
the condition that the Bureau of Reclamation shall not bear responsibility for the technical adequacy of any design, cost estimate, or construction relating to a major federally assisted storage project.
Final— The Secretary shall finalize the guidelines under clause (i) by not later than 1 year after the date of the enactment of this Act.
Technical assistance for feasibility studies—
Technical assistance— At the request of an eligible entity or qualified partner, the Secretary shall provide to the eligible entity or qualified partner technical assistance relating to any aspect of a feasibility study carried out by the eligible entity or qualified partner under this subsection if the eligible entity or qualified partner contracts with the Secretary to pay all costs of providing the technical assistance.
Impartial decisionmaking— In providing technical assistance under clause (i), the Secretary shall ensure that the use of funds accepted from an eligible entity or qualified partner will not affect the impartial decisionmaking responsibilities of the Secretary, either substantively or procedurally.
Effect of technical assistance— The provision of technical assistance by the Secretary under clause (i) shall not be considered to be an approval or endorsement of a feasibility study.
Eligible partner— The Secretary is authorized to participate in a restoration project described in subsection (a)(4)(B) with a partner that is—
an eligible entity as defined in subsection (a)(2); or
a qualified partner as defined in subsection (a)(8).
Natural water storage projects—
In general— In accordance with this subsection, the Secretary shall establish a competitive grant program to participate in the design, study, construction, expansion, upgrade, or capital repair of a natural water storage project in a Reclamation State on request of an eligible entity or qualified partner. The competitive grant program established under this paragraph shall—
allow any project sponsor of a natural water storage project to apply for funding for the design, study, construction, expansion, upgrade, or capital repair of a natural water storage project; and
include the issuance of annual solicitations for natural water storage project sponsors to apply for funding for the design, study, construction, expansion, upgrade, or capital repair of a natural water storage project.
Funding priority for multi-benefit projects— In making grants under this subsection, the Secretary shall give funding priority to multi-benefit projects that provide greater—
water supply reliability benefits for States and local governments; and
fish and wildlife benefits.
Federal share— Subject to the requirements of this subsection, the Secretary may provide funding to an eligible entity or qualified partner for the design, study, construction, expansion, upgrade, or capital repair of a natural water storage project in an amount equal to not more than 80 percent of the total cost of the natural water storage project.
Conditions for federal design and study funding— The Secretary may fund a design or study activity for a natural water storage project under this subsection if the Governor of the State in which the natural water storage project is located provides written concurrence for design and study activities.
Conditions for federal construction funding— Funding provided under this subsection for the construction of a natural water storage project may be made available to a project if—
the Governor of the State in which the natural water storage project is located has requested Federal participation at the time construction was initiated;
the Secretary determines or the applicable non-Federal sponsor determines through the preparation of a feasibility or equivalent study prepared in accordance to paragraph (9), and the Secretary concurs, that—
the project is technically and financially feasible;
the project provides water supply reliability benefits for a State or local government and fish and wildlife benefits; and
in return for the Federal cost-share investment in the project, at least a proportionate share of the project benefits are for non-reimbursable expenses authorized under the reclamation laws or for fish and wildlife benefits as defined in this section, which shall be considered a fully non-reimbursable Federal expenditure; and
the Secretary secures an agreement committing to pay the non-Federal share of the construction costs of the project.
Environmental laws— In participating in a natural water storage project under this subsection, the Secretary shall comply with all applicable Federal environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and all State environmental laws of the Reclamation State in which the project is located involving the construction, expansion or operation of a water storage project or fish and wildlife protection, provided that no law or regulation of a State or political subdivision of a State relieve the Secretary of any Federal requirement otherwise applicable under this section.
Information— In participating in a natural water storage project under this subsection, the Secretary—
may consider the use of feasibility or equivalent studies prepared by the sponsor of the natural water storage project if the sponsor elects to prepare such reports; but
shall retain responsibility for determining whether the feasibility or equivalent studies satisfy the requirements of studies prepared by the Secretary.
Notification— The Secretary shall submit to the relevant committees of Congress and make publicly available on the internet a written notification of the Secretary’s determinations regarding the satisfaction of the requirements under paragraphs (4) and (5) by not later than 30 days after the date of the determinations.
Guidelines—
Draft— Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue draft guidelines for feasibility or equivalent studies for natural water storage projects prepared by a project sponsor that shall be consistent with this subsection, provided that the Department of the Interior shall not bear responsibility for the technical adequacy of any design, cost estimate, or construction relating to a natural water storage project.
Final— The Secretary shall finalize the guidelines under subparagraph (A) by not later than 1 year after the date of the enactment of this Act.
Technical assistance for feasibility studies—
Technical assistance— At the request of an eligible entity or qualified partner, the Secretary shall provide to the eligible entity or qualified partner technical assistance relating to any aspect of a feasibility study carried out by an eligible entity or qualified partner under this subsection if the eligible entity or qualified partner contracts with the Secretary to pay all costs of providing the technical assistance.
Impartial decisionmaking— In providing technical assistance under clause (i), the Secretary shall ensure that the use of funds accepted from an eligible entity or qualified partner will not affect the impartial decisionmaking responsibilities of the Secretary, either substantively or procedurally.
Effect of technical assistance— The provision of technical assistance by the Secretary under clause (i) shall not be considered to be an approval or endorsement of a feasibility study.
Standard federally assisted storage projects—
In general— In accordance with this subsection, the Secretary shall establish a competitive grant program to participate in the design, study, construction, expansion, upgrade, or capital repair of a standard federally assisted storage project on request of an eligible entity or qualified partner. The competitive grant program established under this paragraph shall—
allow any project sponsor of a standard federally assisted storage project to apply for funding for the design, study, construction, expansion, upgrade, or capital repair of a federally assisted storage project;
include the issuance of annual solicitations for standard federally assisted storage project sponsors to apply for funding for the design, study, construction, expansion, upgrade or capital repair of a standard federally assisted storage project; and
permit the Secretary to fund up to 25 percent of the total cost of a federally assisted storage project.
Selection of projects— In making grants under this subsection, the Secretary shall give funding priority to projects that—
provide greater water supply reliability benefits for States and local governments, including through aquifer storage and recovery wells, in-lieu recharge activities that could be effectuated or expanded through additional infrastructure investments including interties, and the establishment and use of recharge ponds, including in an urban environment;
provide greater fish and wildlife benefits; and
cost not more than $30,000,000 to allow greater participation and wider distribution of funds and program benefits.
Conditions for federal design and study funding— The Secretary may fund a design or study activity for a standard federally assisted storage project under this subsection if the Governor of the State in which the federally assisted storage project is located provides written concurrence for design and study activities.
Conditions for federal construction funding— Funding provided under this subsection for the construction of a standard federally assisted storage project may be made available to a project if—
the Governor of the State in which the federally assisted storage project is located has requested Federal participation at the time construction was initiated; and
the Secretary determines or the applicable non-Federal sponsor determines through the preparation of a feasibility or equivalent study prepared in accordance with paragraph (7), and the Secretary concurs, that—
the standard federally assisted storage project is technically and financially feasible;
the standard federally assisted storage project provides water supply reliability benefits for a State or local government and fish and wildlife benefits; and
in return for the Federal cost-share investment in the project, at least a proportionate share of the project benefits are for non-reimbursable expenses authorized under the reclamation laws or for fish and wildlife benefits as defined in this section, which shall be considered a fully non-reimbursable Federal expenditure; and
the Secretary secures an agreement committing to pay the non-Federal share of the construction costs of the project.
Notification— The Secretary shall submit to the relevant committees of Congress and make publicly available on the internet a written notification of the Secretary’s determinations regarding the satisfaction of the requirements under paragraphs (3) and (4) by not later than 30 days after the date of the determinations.
Environmental laws— In participating in a standard federally assisted storage project under this subsection, the Secretary shall comply with all applicable Federal environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and all State environmental laws of the Reclamation State in which the project is located involving the construction, expansion or operation of a water storage project or fish and wildlife protection, provided that no law or regulation of a State or political subdivision of a State relieve the Secretary of any Federal requirement otherwise applicable under this section.
Information—
In general— In participating in a standard federally assisted storage project under this subsection, the Secretary—
may consider the use of feasibility or equivalent studies prepared by the sponsor of the standard federally assisted storage project; but
shall retain responsibility for determining whether the feasibility or equivalent studies satisfy the requirements of reports prepared by the Secretary.
Guidelines—
Draft— Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue draft guidelines for feasibility or equivalent studies for standard federally assisted storage projects prepared by a project sponsor that shall be consistent with requirements for a title XVI Feasibility Study Report, including the economic analysis, contained in the Reclamation Manual Directives and Standards numbered WTR 11–01, subject to—
any additional requirements necessary to provide sufficient information for making any determinations or assessments under paragraphs (2), (3) and (4); and
the condition that the Department of the Interior shall not bear responsibility for the technical adequacy of any design, cost estimate, or construction relating to a standard federally assisted storage project.
Final— The Secretary shall finalize the guidelines under clause (i) by not later than 1 year after the date of the enactment of this Act.
Technical assistance for feasibility studies—
Technical assistance— At the request of an eligible entity or qualified partner, the Secretary shall provide to the eligible entity or qualified partner technical assistance relating to any aspect of a feasibility study carried out by an eligible entity or qualified partner under this subsection if the eligible entity or qualified partner contracts with the Secretary to pay all costs of providing the technical assistance.
Impartial decisionmaking— In providing technical assistance under clause (i), the Secretary shall ensure that the use of funds accepted from an eligible entity or qualified partner will not affect the impartial decisionmaking responsibilities of the Secretary, either substantively or procedurally.
Effect of technical assistance— The provision of technical assistance by the Secretary under clause (i) shall not be considered to be an approval or endorsement of a feasibility study.
Committee resolution procedure—
In general— No appropriation shall be made for a standard federally assisted storage project under this subsection, the total estimated cost of which exceeds $100,000,000, if such project has not been approved by a resolution adopted by the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
Requirements for securing consideration— For the purposes of securing consideration of approval under subparagraph (A), the Secretary shall provide to a committee referred to in subparagraph (A) such information as the committee requests and the non-Federal sponsor shall provide to the committee information on the costs and relative needs for the federally assisted storage project.
Eligible partner— The Secretary is authorized to participate in a restoration project described in subsection (a)(7)(B) with a partner that is—
an eligible entity as defined in subsection (a)(2); or
a qualified partner as defined in subsection (a)(8).
Fish and wildlife losses and benefits—
Definitions— In this subsection—
The term Best available scientific information and data means the use of the high-value information and data, specific to the decision being made and the time frame available for making that decision, to inform and assist management and policy decisions;
The term Director means—
the Director of the United States Fish and Wildlife Service; or
the United States Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service, if a determination or fish and wildlife estimate made under this subsection is for an anadromous species or catadromous species.
The term major water storage project means a major federally assisted storage project or Federal storage project as defined under section 81212.
Purposes— The purposes of this subsection are the following:
To reverse widespread fish and wildlife species decline in the Reclamation States.
To help fund and assist in the preparation of reports required under the Fish and Wildlife Coordination Act for proposed water development projects.
To instruct the Director to prepare a report described in section 2(b) of the Fish and Wildlife Coordination Act (16 U.S.C. 662(b)) for each major water storage project that includes an estimate of fish and wildlife losses and fish and wildlife benefits derived from each such project, based on the best available scientific information and data.
To direct Federal funds to major water storage projects that provide demonstrable, measurable fish and wildlife benefits and associated ecosystem services benefits for taxpayers based on objective data and the expertise of the primary Federal agency with jurisdiction over the management of fish and wildlife resources.
To ensure that Federal funds provided for fish and wildlife purposes under this section are used effectively in a manner that maximizes positive outcomes for fish and wildlife and associated ecosystem services benefits for taxpayers, including benefits related to the domestic seafood supply and the enhancement and expansion of hunting, fishing, and other fish and wildlife related outdoor recreation opportunities within the Reclamation States.
Estimation of fish and wildlife benefits and losses under the fish and wildlife coordination act— The Director shall prepare a report described in section 2(b) of the Fish and Wildlife Coordination Act (16 U.S.C. 662(b)), for each major water storage project that—
is based on the best available scientific information and data available; and
includes an estimate of fish and wildlife losses and fish and wildlife benefits derived from a major water storage project determined in accordance with this subsection.
Draft estimate—
Use of best available scientific information and data available— The Director shall include in the Fish and Wildlife Coordination Act report prepared under paragraph (3) a draft estimate of fish and wildlife losses and fish and wildlife benefits derived from a major water storage project.
Coordination— A draft estimate required under subparagraph (A) shall be prepared in coordination with the head of the State agency with jurisdiction over the fish and wildlife resources of the State in which the major water storage project is proposed to be carried out.
Applicable law; requirements— The draft estimate prepared under this paragraph shall—
meet all the evaluation requirements of section 2(b) of the Fish and Wildlife Coordination Act (16 U.S.C. 662(b)) unless otherwise specified in this subsection;
quantify and estimate the fish and wildlife benefits and any losses to native fish and wildlife from the proposed major water storage project; and
estimate whether the fish and wildlife benefits derived from the proposed major water storage project are likely to exceed the adverse fish and wildlife impacts.
Review; availability— The Director shall ensure that any draft estimate prepared under this paragraph is—
made available for peer review by an independent group of scientific experts; and
made available for a public review and comment period of not less than 30 days.
Final estimate— Using the best available scientific information and data, the Director shall prepare a final estimate of fish and wildlife benefits for each proposed major water storage project based on the applicable draft estimate prepared under paragraph (4), after considering the results of the independent scientific peer review and public comment processes under paragraph (4)(D).
Transmission; availability— A final estimate prepared under paragraph (5) shall be—
transmitted to—
the project applicant; and
the relevant State agency; and
made available to the public.
Recommendations— If a final estimate under paragraph (5) determines that the proposed major water storage project fails to provide fish and wildlife benefits, the final estimate may identify potential recommendations to enable the project to provide fish and wildlife benefits or to reduce the project’s adverse fish and wildlife impacts.
Importation of review standards— Sections 207(i) and 207(j) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4709) shall apply to a final estimate prepared under paragraph (5), except that—
any reference contained in those sections to the Secretary shall be considered to be a reference to the Director as defined in this subsection;
any reference contained in those sections to determination or determinations shall be considered to be a reference to estimate or estimates described in this subsection;
any reference contained in those sections to subsection (b), (f)(1), or (g) shall be considered to be a reference to paragraph (5) of this subsection; and
any reference contained in those sections to “this subsection” shall be considered to be a reference to section 81213(g) of the Moving Forward Act.
Funding for estimates— There is authorized to be appropriated $10,000,000 through fiscal year 2026 for the United States Fish and Wildlife Service to prepare draft estimates under paragraph (4) and final estimates under paragraph (5).
Additional funding for estimates— The authority under section 662(e) of the Fish and Wildlife Coordination Act (16 U.S.C. 662(b)) to transfer funds from the Bureau of Reclamation to the United States Fish and Wildlife Service for Fish and Wildlife Coordination Act reports for proposed water development projects shall be deemed to extend to the preparation of a draft or final estimate prepared under paragraph (4) or (5), provided that any transfer of funds generally adheres to the 1981 Transfer Funding Agreement between the United States Fish and Wildlife Service and the Bureau of Reclamation or any successor agreement, to the extent that any such agreement is consistent with the requirements of this subsection.
Agency responsibilities— The responsibility for preparing a draft and final estimate under this subsection shall reside with the United States Fish and Wildlife Service and may not be delegated to another entity, including another Federal agency or bureau, except for the United States Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service, for the preparation of a draft or final estimate for anadromous species or catadromous species.
Use of fish and wildlife estimates to inform federal spending for fish and wildlife purposes— With respect to a major water storage project considered for Federal funding under this section, the Director shall determine costs allocated to the specific purpose of providing fish and wildlife benefits, based on the fish and wildlife benefits estimate for the applicable project or the best available scientific information and data available at the time a cost allocation determination is made. In determining a cost allocation under this paragraph, the Director shall consult with the Commissioner of the Bureau of Reclamation and may make a cost allocation determination for fish and wildlife benefits in accordance with existing cost allocation procedures, to the extent that such procedures are consistent with the requirements of this subsection. Cost allocation determinations for all other non-reimbursable or reimbursable project purposes for a major water storage project advanced under this section shall be determined in accordance with existing cost allocation procedures under the reclamation laws.
Preliminary studies— Of the amounts made available under subsection (b), not more than 25 percent shall be provided for appraisal studies, feasibility studies, or other preliminary studies.
Providing greater federal funding and support for multi-Benefit storage projects— Notwithstanding any non-Federal cost share requirement under the reclamation laws for water development projects, any cost allocated to a water storage project under this section for the sole purpose of providing fish and wildlife benefits, determined in accordance with all applicable requirements under this section, shall be considered a 100 percent non-reimbursable Federal cost.
Calfed reauthorization—
Reauthorization— Title I of Public Law 108–361 (118 Stat. 1681; 123 Stat. 2860; 128 Stat. 164; 128 Stat. 2312; 129 Stat. 2407; 130 Stat. 1866) is amended by striking “2020” each place it appears and inserting “2024”.
Calfed description of activities— Subparagraph 103(f)(1)(A) of Public Law 108–361 (118 Stat. 1694) is amended by striking “, except that” and all that follows through the end of the subparagraph.
Effect— Nothing in this section is intended to authorize Federal funds made available under subsection (b) for a project led by a non-profit organization, as described in subsection (a)(7), except for a project that is a natural water storage project or forest restoration, watershed restoration or other restoration project that reduces the risk of water storage loss described in subsection (a).
81214. Extension of existing requirements for grandfathered storage projects
Purpose; definition—
Purpose— The purpose of this section is to establish an expedited project advancement process for certain water storage projects that have already received some degree of evaluation under the Water Infrastructure Improvements for the Nation Act (Public Law 114–322) or under certain State water storage project evaluations.
Definition of grandfathered storage project— In this section, the term grandfathered storage project means a storage project that has already been recommended for funding made available under section 4007 of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322) by the Secretary or a State governor prior to June 1, 2020, except for any project within the State of California that—
has been evaluated for State storage funding awards by the California Water Commission pursuant to the California Water Quality, Supply, and Infrastructure Improvement Act, approved by California voters on November 4, 2014, and failed to receive a maximum conditional eligibility determination of at least $200 million; or
is an on-stream storage project that has not been evaluated for State storage funding awards by the California Water Commission pursuant to the California Water Quality, Supply, and Infrastructure Improvement Act, approved by California voters on November 4, 2014.
In general— Notwithstanding any other requirements of this subtitle, grandfathered storage projects shall be eligible to receive funding authorized under section 81213(b) of this subtitle in accordance with this subsection.
Requirements—
Importation of wiin act requirements— The following requirements shall apply to grandfathered storage projects: sections 4007(c)(1) through 4007(c)(4), section 4007(f), and section 4007(h)(2) of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322), except that any reference contained in those sections to State-led storage projects shall be considered to be a reference to grandfathered storage projects.
Prioritization— The Secretary shall give funding priority among grandfathered storage projects to those that provide greater and more reliable water supply benefits to wildlife refuges, species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or to commercially harvested salmon species.
Applicability of WIIN act deadlines— Storage project deadlines described in section 4007(i) and section 4013(2) of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322) shall not apply to any grandfathered storage project under this section.
81215. Desalination project development
Desalination projects authorization— Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended by striking the second paragraph (1) (relating to projects) and inserting the following:
“(2) Projects
“(A) Definitions—In this paragraph:
“(i) Eligible desalination project—The term eligible desalination project means any project located in a Reclamation State that—
“(I) involves an ocean or brackish water desalination facility—
“(aa) constructed, operated, and maintained by a State, Indian Tribe, municipality, irrigation district, water district, or other organization with water or power delivery authority; or
“(bb) sponsored or funded by a State, department of a State, political subdivision of a State, municipality or public agency organized pursuant to State law, including through—
“(AA) direct sponsorship or funding; or
“(BB) indirect sponsorship or funding, such as by paying for the water provided by the facility; and
“(II) provides a Federal benefit in accordance with the reclamation laws.
“(ii) Rural desalination project—The term rural desalination project means an eligible desalination project that is designed to serve a community or group of communities, each of which has a population of not more than 40,000 inhabitants.
“(iii) Designated desalination project—The term “designated desalination project” means an eligible desalination project that—
“(I) is an ocean desalination project that uses a subsurface intake;
“(II) has a total estimated cost of $80,000,000 or less; and
“(III) is designed to serve a community or group of communities that collectively import more than 75 percent of their water supplies.
“(B) Cost-sharing requirement
“(i) In general—Subject to the requirements of this subsection and notwithstanding section 7, the Federal share of an eligible desalination project carried out under this subsection shall be—
“(I) not more than 25 percent of the total cost of the eligible desalination project; or
“(II) in the case of a rural desalination project or a designated desalination project, the applicable percentage determined in accordance with clause (ii).
“(ii) Rural desalination projects and designated desalination projects
“(I) Cost-sharing requirement for appraisal studies—In the case of a rural desalination project carried out under this subsection, the Federal share of the cost of appraisal studies for the rural desalination project shall be—
“(aa) 100 percent of the total costs of the appraisal studies, up to $200,000; and
“(bb) if the total costs of the appraisal studies are more than $200,000, 50 percent of any amounts over $200,000.
“(II) Cost-sharing requirement for feasibility studies—In the case of a rural desalination project carried out under this subsection, the Federal share of the cost of feasibility studies for the rural desalination project shall be not more than 50 percent.
“(III) Cost-sharing requirement for construction costs—In the case of a rural desalination project or a designated desalination project carried out under this subsection, the Federal share of the cost of construction of the rural desalination project shall not exceed the greater of—
“(aa) 35 percent of the total cost of construction, up to a Federal cost of $20,000,000; or
“(bb) 25 percent of the total cost of construction.
“(C) State role—Participation by the Secretary in an eligible desalination project under this paragraph shall not occur unless—
“(i)
“(I) the eligible desalination project is included in a State-approved plan; or
“(II) the participation has been requested by the Governor of the State in which the eligible desalination project is located; and
“(ii) the State or local sponsor of the eligible desalination project determines, and the Secretary concurs, that—
“(I) the eligible desalination project—
“(aa) is technically and financially feasible;
“(bb) provides a Federal benefit in accordance with the reclamation laws; and
“(cc) is consistent with applicable State laws, State regulations, State coastal zone management plans and other State plans such as California’s Water Quality Control Plan for the Ocean Waters in California;
“(II) sufficient non-Federal funding is available to complete the eligible desalination project; and
“(III) the eligible desalination project sponsors are financially solvent; and
“(iii) the Secretary submits to Congress a written notification of the determinations under clause (ii) by not later than 30 days after the date of the determinations.
“(D) Environmental laws—In participating in an eligible desalination project under this paragraph, the Secretary shall comply with all applicable environmental laws, including, but not limited to, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and State laws implementing the Coastal Zone Management Act.
“(E) Information—In participating in an eligible desalination project under this subsection, the Secretary—
“(i) may consider the use of reports prepared by the sponsor of the eligible desalination project, including feasibility or equivalent studies, environmental analyses, and other pertinent reports and analyses; but
“(ii) shall retain responsibility for making the independent determinations described in subparagraph (C).
“(F) Funding
“(i) Authorization of appropriations—There is authorized to be appropriated to carry out this paragraph $260,000,000 for the period of fiscal years 2021 through 2025, to remain available until expended, of which not less than $15,000,000 shall be made available during that period for rural desalination projects.
“(ii) Congressional approval initially required
“(I) In general—Each initial award under this paragraph for design and study or for construction of an eligible desalination project shall be approved by an Act of Congress.
“(II) Reclamation recommendations—The Commissioner of Reclamation shall submit recommendations regarding the initial award of preconstruction and construction funding for consideration under subclause (I) to—
“(aa) the Committee on Appropriations of the Senate;
“(bb) the Committee on Energy and Natural Resources of the Senate;
“(cc) the Committee on Appropriations of the House of Representatives; and
“(dd) the Committee on Natural Resources of the House of Representatives.
“(iii) Subsequent funding awards—After approval by Congress of an initial award of preconstruction or construction funding for an eligible desalination project under clause (ii), the Commissioner of Reclamation may award additional preconstruction or construction funding, respectively, for the eligible desalination project without further congressional approval.
“(G) Total dollar cap—The Secretary shall not impose a total dollar cap on Federal contributions for individual desalination projects receiving funding under this paragraph.”
Prioritization for projects— Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended by striking subsection (c) and inserting the following:
“(c) Prioritization—In carrying out demonstration and development activities under this section, the Secretary and the Commissioner of Reclamation shall each prioritize projects—
“(1) for the benefit of drought-stricken States and communities;
“(2) for the benefit of States that have authorized funding for research and development of desalination technologies and projects;
“(3) that demonstrably reduce a reliance on imported water supplies that have an impact on species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
“(4) that, in a measurable and verifiable manner, reduce a reliance on imported water supplies from imperiled ecosystems such as the Sacramento-San Joaquin River Delta;
“(5) that demonstrably leverage the experience of international partners with considerable expertise in desalination, such as the state of Israel;
“(6) that maximize use of renewable energy to power desalination facilities;
“(7) that maximize energy efficiency so that the lifecycle energy demands of desalination are minimized;
“(8) located in regions that have employed strategies to increase water conservation and the capture and recycling of wastewater and stormwater; and
“(9) that meet the following criteria if they are ocean desalination facilities—
“(A) utilize a subsurface intake or, if a subsurface intake is not technologically feasible, an intake that uses the best available site, design, technology, and mitigation measures to minimize the mortality of all forms of marine life and impacts to coastal dependent resources;
“(B) are sited and designed to ensure that the disposal of wastewaters including brine from the desalination process—
“(i) are not discharged in a manner that increases salinity levels in impaired bodies of water, or State or Federal Marine Protected Areas; and
“(ii) achieve ambient salinity levels within a reasonable distance from the discharge point;
“(C) are sited, designed, and operated in a manner that maintains indigenous marine life and a healthy and diverse marine community;
“(D) do not cause significant unmitigated harm to aquatic life; and
“(E) include a construction and operation plan designed to minimize loss of coastal habitat as well as aesthetic, noise, and air quality impacts.”
Recommendations to congress— In determining project recommendations to Congress under section 4(a)(2)(F)(ii)(II) of the Water Desalination Act of 1996, the Commissioner of Reclamation shall establish a priority scoring system that assigns priority scores to each project evaluated based on the prioritization criteria of section 4(c) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298).
81216. Assistance for disadvantaged communities without adequate drinking water
In general— The Secretary shall provide grants within the Reclamation States to assist eligible applicants in planning, designing, or carrying out projects to help disadvantaged communities address a significant decline in the quantity or quality of drinking water.
Eligible applicants— To be eligible to receive a grant under this section, an applicant shall submit an application to the Secretary that includes a proposal of the project or activity in subsection (c) to be planned, designed, constructed, or implemented, the service area of which—
shall not be located in any city or town with a population of more than 60,000 residents; and
has a median household income of less than 100 percent of the nonmetropolitan median household income of the State.
Eligible projects— Projects eligible for grants under this program may be used for—
emergency water supplies;
distributed treatment facilities;
construction of new wells and connections to existing water source systems;
water distribution facilities;
connection fees to existing systems;
assistance to households to connect to water facilities;
local resource sharing, including voluntary agreements between water systems to jointly contract for services or equipment, or to study or implement the physical consolidation of two or more water systems;
technical assistance, planning, and design for any of the activities described in paragraphs (1) through (7); or
any combination of activities described in paragraphs (1) through (8).
Prioritization— In determining priorities for funding projects, the Secretary shall take into consideration—
where the decline in the quantity or quality of water poses the greatest threat to public health and safety;
the degree to which the project provides a long-term solution to the water needs of the community; and
whether the applicant has the ability to qualify for alternative funding sources.
Maximum amount— The amount of a grant provided under this section may be up to 100 percent of costs, including—
initial operation costs incurred for startup and testing of project facilities;
costs of components to ensure such facilities and components are properly operational; and
costs of operation or maintenance incurred subsequent to placing the facilities or components into service.
Authorization of appropriations— There is authorized to be appropriated to carry out this section $100,000,000, to remain available until expended.
Coordination required— In carrying out this section, the Secretary shall consult with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency to identify opportunities to improve the efficiency, effectiveness, and impact of activities carried out under this section to help disadvantaged communities address a significant decline in the quantity or quality of drinking water.
Report on affordability, discrimination, and civil rights violations, and data collection—
Study—
In general— The Comptroller General of the United States shall conduct a study on water and sewer services, in accordance with this subsection.
Affordability— In conducting the study under paragraph (1), the Comptroller shall study water affordability nationwide, including—
rates for water and sewer services, increases in such rates during the ten-year period preceding such study, and water service disconnections due to unpaid water service charges; and
the effectiveness of funding under section 1452 of the Safe Drinking Water Act and under section 601 of the Federal Water Pollution Control Act for promoting affordable, equitable, transparent, and reliable water and sewer service.
Discrimination and civil rights— In conducting the study under paragraph (1), the Comptroller, in collaboration with the Civil Rights Division of the Department of Justice, shall study—
discriminatory practices of water and sewer service providers; and
violations by such service providers that receive Federal assistance of civil rights under title VI of the Civil Rights Act of 1964 with regard to equal access to water and sewer services.
Data collection— In conducting the study under paragraph (1), the Comptroller shall collect information, assess the availability of information, and evaluate the methodologies used to collect information, related to—
people living without water or sewer services;
water service disconnections due to unpaid water service charges, including disconnections experienced by households containing children, elderly persons, disabled persons, chronically ill persons, or other vulnerable populations; and
disparate effects, on the basis of race, gender, or socioeconomic status, of water service disconnections and the lack of public water service.
Report— Not later than 1 year after the date of the enactment of this Act, the Comptroller shall submit to Congress a report that contains—
the results of the study conducted under subsection (a)(1); and
recommendations for utility companies, Federal agencies, and States relating to such results.
2 Improved Technology and Data
81221. Reauthorization of water availability and use assessment program
in subsection (b)—
by striking “and” at the end of paragraph (2)(A)(ii)(VII);
in paragraph (2)(A)(iii), by adding “and” at the end;
by adding at the end of paragraph (2)(A) the following:
“(iv) water supplies made available through water reuse and seawater and brackish desalination;”
by adding at the end the following:
“(3) Data integration—In carrying out the assessment program, the Secretary shall, to the greatest extent practicable—
“(A) integrate available data from new technologies where appropriate including data made available from drones and emerging remote sensing technologies; and
“(B) coordinate with relevant Federal agencies and bureaus to develop common data requirements for—
“(i) Federal water data programs and efforts; and
“(ii) geospatial data programs that can inform assessments of water availability and use under the assessment program.”
in subsection (c)—
in paragraph (1), by striking “State water resource” each place it appears and inserting “State or Tribal water resource”;
in the heading of paragraph (2), by striking “criteria” and inserting “state criteria”;
by inserting after paragraph (2) the following (and redesignating the succeeding paragraph accordingly):
“(3) Tribal criteria—To be eligible to receive a grant under paragraph (1), a Tribal water resource agency shall demonstrate to the Secretary that the water use and availability dataset proposed to be established or integrated by the Tribal water resource agency—
“(A) is in compliance with each quality and conformity standard established by the Secretary to ensure that the data will be capable of integration with any national dataset; and
“(B) will enhance the ability of the officials of the Tribe or the Tribal water resource agency to carry out water management responsibilities.
“(4) Tribal water resource agency definition—For the purposes of this subsection, the term Tribal water resource agency means any agency of an Indian Tribe responsible for water resource planning and management.”
in paragraph (5) (as so redesignated)—
by inserting “or Tribal water resource agency” after “State water resource agency”; and
by inserting “within any 5-year period” after “$250,000”; and
in subsection (e)(2), by striking “2009 through 2013” and inserting “2021 through 2026”.
81222. Renewal of advisory committee on water information
Advisory committee renewed— Not later than 30 days after the date of the enactment of this paragraph, the Secretary shall renew the Advisory Committee on Water Information established by the Office of Management and Budget Memorandum No. M–92–01, the charter for which was renewed by the Secretary on June 29, 2018.
Termination— The Advisory Committee renewed under this section shall not terminate except as provided by an Act of Congress.
81223. Desalination technology development
in section 4(a)(1), by inserting “, including modules specifically designed for brine management” after “and concepts”; and
in section 8(b)—
by striking “3,000,000” and inserting “20,000,000”; and
by striking “2017 through 2021” and inserting “2021 through 2026, in addition to the authorization of appropriations for projects in section 4(a)(2)(F)”.
81224. X-prize for water technology breakthroughs
Water technology award program established— The Secretary, working through the Bureau of Reclamation, shall establish a program to award prizes to eligible persons described in subsection (b) for achievement in one or more of the following applications of water technology:
Demonstration of wastewater and industrial process water purification for reuse or desalination of brackish water or seawater with significantly less energy than current municipally and commercially adopted technologies.
Demonstration of portable or modular desalination units that can process 1 to 5,000,000 gallons per day that could be deployed for temporary emergency uses in coastal communities or communities with brackish groundwater supplies.
Demonstration of significant advantages over current municipally and commercially adopted reverse osmosis technologies as determined by the board established under subsection (c).
Demonstration of significant improvements in the recovery of residual or waste energy from the desalination process.
Reducing open water evaporation.
Eligible person— An eligible person described in this subsection is—
an individual who is—
a citizen or legal resident of the United States; or
a member of a group that includes citizens or legal residents of the United States;
an entity that is incorporated and maintains its primary place of business in the United States; or
a public water agency.
Establishment of board—
In general— The Secretary shall establish a board to administer the program established under subsection (a).
Membership— The board shall be composed of not less than 15 and not more than 21 members appointed by the Secretary, of whom not less than 2 shall—
be a representative of the interests of public water districts or other public organizations with water delivery authority;
be a representative of the interests of academic organizations with expertise in the field of water technology, including desalination or water reuse;
be representative of a non-profit conservation organization;
have expertise in administering award competitions; and
be a representative of the Bureau of Reclamation of the Department of the Interior with expertise in the deployment of desalination or water reuse.
Awards— Subject to the availability of appropriations, the board established under subsection (c) may make awards under the program established under subsection (a) as follows:
Financial prize— The board may hold a financial award competition and award a financial award in an amount determined before the commencement of the competition to the first competitor to meet such criteria as the board shall establish.
Recognition prize—
In general— The board may recognize an eligible person for superlative achievement in 1 or more applications described in subsection (a).
No financial remuneration— An award under this paragraph shall not include any financial remuneration.
Administration—
Contracting— The board established under subsection (c) may contract with a private organization to administer a financial award competition described in subsection (d)(1).
Solicitation of funds— A member of the board or any administering organization with which the board has a contract under paragraph (1) may solicit gifts from private and public entities to be used for a financial award under subsection (d)(1).
Limitation on participation of donors— The board may allow a donor who is a private person described in paragraph (2) to participate in the determination of criteria for an award under subsection (d), but such donor may not solely determine the criteria for such award.
No advantage for donation— A donor who is a private person described in paragraph (3) shall not be entitled to any special consideration or advantage with respect to participation in a financial award competition under subsection (d)(1).
Intellectual property— The Federal Government may not acquire an intellectual property right in any product or idea by virtue of the submission of such product or idea in any competition under subsection (d)(1).
Liability— The board established under subsection (c) may require a competitor in a financial award competition under subsection (d)(1) to waive liability against the Federal Government for injuries and damages that result from participation in such competition.
Annual report— Each year, the board established under subsection (c) shall submit to the relevant committees of Congress a report on the program established under subsection (a).
Authorization of appropriations—
In general— There are authorized to be appropriated sums for the program established under subsection (a) as follows:
For administration of prize competitions under subsection (d), $750,000 for each fiscal year through fiscal year 2026.
For the awarding of a financial prize award under subsection (d)(1), in addition to any amounts received under subsection (e)(2), $5,000,000 for each fiscal year through fiscal year 2026.
Availability— Amounts appropriated under paragraph (1) shall remain available until expended.
Water technology investment program established— The Secretary, acting through the Bureau of Reclamation, shall establish a program, pursuant to the Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI), the Water Desalination Act of 1996 (Public Law 104–298), and other applicable laws, to promote the expanded use of technology for improving availability and resiliency of water supplies and power deliveries, which shall include—
investments to enable expanded and accelerated deployment of desalination technology; and
investments to enable expanded and accelerated use of recycled water.
Authorization of appropriations— There are authorized to be appropriated $5,000,000 for each fiscal year through fiscal year 2026 for the Secretary to carry out the purposes and provisions of subsection (j).
81225. Study examining sediment transport
In general— Not later than 60 days after the date of the enactment of this Act, the Secretary shall make appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the “National Academies”) under which the National Academies shall conduct a study that—
examines existing science and management guidance related to methods for managing sediment transport from dam removal;
includes case studies where diverse interests, including hydroelectric, agricultural, conservation, and industry stakeholders work jointly with Tribal, State, and Federal government agencies to implement collaborative projects requiring sediment transport; and
identifies future research opportunities, requirements, and recommendations related to the science and management guidance examined under paragraph (1), including research opportunities, requirements, and recommendations related to modeling and quantifying sediment flows.
Report— In entering into an arrangement under subsection (a), the Secretary shall request that the National Academies transmit to the Secretary and to Congress a report not later than 36 months after the date of the enactment of this Act that—
includes the results of the study and relevant interpretations of the results;
provides recommendations for applying science in management and mitigation decisions relating to dam removal; and
provides recommendations for improving future research on the beneficial and adverse environmental impacts of sediment transport from dam removal and appropriate actions to mitigate such impacts.
81226. Determination of water supply allocations
Snowpack measurement data— When determining water supply allocations, the Secretary, acting through the Commissioner of the Bureau of Reclamation, shall incorporate to the greatest extent practicable information from emerging technologies for snowpack measurement such as—
synthetic aperture radar;
laser altimetry; or
any other emerging technologies that can provide more accurate or timely snowpack measurement data as determined by the Secretary.
Coordination— In carrying out subsection (a), the Secretary may coordinate data use and collection efforts with other Federal agencies and bureaus that currently use or may benefit from the use of emerging technologies for snowpack measurement.
Authorization of appropriations— There is authorized to be appropriated to the Secretary $5,000,000 to carry out this section.
Report— Not later than October 1, 2022, the Secretary shall submit to Congress a report summarizing the use of emerging technologies pursuant to this section and describe any benefits derived from the use of such technologies related to the environment and increased water supply reliability.
81227. Federal priority streamgages
Federal priority streamgages— The Secretary shall make every reasonable effort to make operational all streamgages identified as Federal Priority Streamgages by the United States Geological Survey not later than 10 years after the date of the enactment of this Act.
Collaboration with states— The Secretary shall, to the maximum extent practicable, seek to leverage Federal investments in Federal Priority Streamgages through collaborative partnerships with States and local agencies that invest non-Federal funds to maintain and enhance gage networks to improve both environmental quality and water supply reliability.
Authorization of appropriations— There are authorized to be appropriated $45,000,000 to carry out this section for each fiscal year through fiscal year 2026.
81228. Study examining climate vulnerabilities at federal dams
In general— Not later than 2 years after the date of the enactment of this Act, the Secretary shall make appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the “National Academies”) under which the National Academies shall conduct an independent study to—
examine the projected impact of climate change on the safety of Bureau of Reclamation dams; and
evaluate and list the Bureau of Reclamation dams that are most vulnerable to climate change related safety risks based on an assessment of climate change related impacts on—
the frequency of heavy precipitation events; and
other factors that influence the magnitude and severity of flooding events including snow cover and snowmelt, vegetation, and soil moisture.
Report— In entering into an arrangement under subsection (a), the Secretary shall request that the National Academies—
transmit to the Secretary and to the relevant committees of Congress a report not later than 24 months after the date of the enactment of this Act that includes the results of the study; and
consider any previous studies or evaluations conducted or completed by the Bureau of Reclamation or local water agencies on climate change impacts to dams, facilities, and watersheds as a reference and source of information during the development of the independent study.
81229. Innovative technology adoption
The Secretary is directed to include as a priority for grants authorized under section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364), the Water Conservation Field Services Program, and other water conservation grant programs, as appropriate, that help foster the adoption of technologies that can—
identify losses from water conveyance facilities in a non-destructive manner that—
does not disrupt the conveyance of water supplies; and
provides comprehensive data on pipeline integrity, including leak and gas pocket detection, for all pipeline materials;
provide real-time monitoring of weather patterns and reservoir operations to improve flexibility, protect natural resources, increase resiliency, maintain temperature control, and ensure water supply reliability;
provide real-time data acquisition and analysis to improve predictive aquifer management, including the improvement of recharge, storage, and stormwater management capabilities;
implement the use of real time sensors and forecast data to improve the management of other water infrastructure assets, including the identification and prevention of impairments from inadequately treated agricultural or municipal wastewaters or stormwater; or
improve water use efficiency and conservation, including through behavioral water efficiency, supervisory control and data acquisition systems, or other system modernizations.
3 Ecosystem Protection and Restoration
81231. Waterbird habitat creation program
Authorization of habitat creation program— The Secretary shall establish a program to incentivize farmers to keep fields flooded during appropriate time periods for the purposes of waterbird habitat creation and maintenance, including waterfowl and shorebird habitat creation and maintenance, provided that—
such incentives may not exceed $3,500,000 annually, either directly or through credits against other contractual payment obligations;
the holder of a water contract receiving payments under this section pass such payments through to farmers participating in the program, less reasonable contractor costs, if any; and
the Secretary determines that habitat creation activities receiving financial support under this section will create new habitat that is not likely to be created without the financial incentives provided under this section.
Authorization of appropriations— There is authorized to be appropriated to the Secretary $3,500,000 for each fiscal year through fiscal year 2026 to carry out this section, to remain available until expended.
Report— Not later than October 1, 2021, and every 2 years thereafter, the Secretary shall submit to Congress a report summarizing the environmental performance of activities that are receiving, or have received, assistance under the program authorized by this section.
81232. Cooperative watershed management program
The Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.) is amended—
in section 6001—
by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;
by inserting after paragraph (1) the following:
“(2) Disadvantaged communities—The term disadvantaged communities means communities, including cities, towns, or counties, or reasonably isolated and divisible segments of larger municipalities, with an annual median household income that is less than 100 percent of the statewide annual median household income, as determined by the latest available decennial census.”
in paragraph (6)(B)(i) (as so redesignated)—
in subclause (VIII), by striking “and” at the end;
in subclause (IX), by inserting “; and” at the end; and
by adding at the end the following:
“(X) disadvantaged communities;”
in subparagraph (C) of paragraph (7) (as so redesignated), by inserting “, including benefits to fisheries, wildlife, and habitat river or stream”; and
in section 6002—
by amending subsection (b) to read as follows:
“(b) Establishment of application process; criteria—Not later than March 30, 2021, the Secretary shall update—
“(1) the application process for the program; and
“(2) in consultation with the States, prioritization and eligibility criteria for considering applications submitted in accordance with the application process.”
81233. Competitive grant program for the funding of watershed health projects
In general— Not later than 1 year after the date of the enactment of this Act and in accordance with this section, the Secretary, in consultation with the heads of relevant agencies, shall establish a competitive grant program to award grants to an eligible entity for habitat restoration projects that improve watershed health in a Reclamation State and accomplish one or more of the following benefits:
Ecosystem benefits.
Restoration of native species beyond existing or planned measures necessary to meet State or Federal laws for species recovery.
Protection against invasive species.
Restoration of aspects of the natural ecosystem.
Enhancement of commercial and recreational fishing.
Enhancement of river-based recreation such as kayaking, canoeing, and rafting.
Mitigate against the impacts of climate change to fish and wildlife habitats.
Requirements—
In general— In awarding a grant under subsection (a), the Secretary—
shall give priority to a project that achieves more than one of the benefits listed in subsection (a); and
may not provide a grant for a project that is for the purpose of meeting existing environmental mitigation or compliance obligations under State or Federal law.
Compliance— A project awarded a grant under subsection (a) shall comply with all applicable Federal and State laws.
Definition of eligible entity— In this section, the term eligible entity means a State, Indian Tribe, nonprofit conservation organization operating in a Reclamation State, irrigation district, water district, or other organization with water or power delivery authority.
Public participation— Before the establishment of the program under subsection (a), the Secretary shall—
provide notice of and, for a period of not less than 90 days, an opportunity for public comment on, any draft or proposed version of the program requirements in accordance with this section; and
consider public comments received in developing the final program requirements.
Report— Not later than October 1, 2022, and every 2 years thereafter, the Secretary shall submit to Congress a report summarizing the environmental performance of activities that are receiving, or have received, assistance under the program authorized by this section.
Authorization of appropriations— There is authorized to be appropriated to carry out this section $150,000,000 for each fiscal year through fiscal year 2026, to remain available until expended.
81234. Support for refuge water deliveries
Report on historic refuge water deliveries— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the relevant committees of Congress and make publicly available a report that describes the following:
Compliance with section 3406(d)(1) and section 3406(d)(2) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575) in each of years 1992 through 2018, including an indication of the amount of water identified as the Level 2 amount and incremental Level 4 amount for each wetland area.
The difference between the mandated quantity of water to be delivered to each wetland habitat area described in section 3406(d)(2) and the actual quantity of water delivered since October 30, 1992, including a listing of every year in which the full delivery of water to wetland habitat areas was achieved in accordance with level 4 of the “Dependable Water Supply Needs” table, described in section 3406(d)(2) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575).
Which of the authorities granted to the Secretary under Public Law 102–575 to achieve the full level 4 deliveries of water to wetland habitat areas was employed in achieving the increment of water delivery above the Level 2 amount for each wetland habitat area, including whether water conservation, conjunctive use, water purchases, water leases, donations, water banking, or other authorized activities have been used and the extent to which such authorities have been used.
An assessment of the degree to which the elimination of water transaction fees for the donation of water rights to wildlife refuges would help advance the goals of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575).
Priority construction list— The Secretary shall establish, through a public process and in consultation with the Interagency Refuge Water Management Team, a priority list for the completion of the conveyance construction projects at the wildlife habitat areas described in section 3406(d)(2) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575), including the Mendota Wildlife Area, Pixley National Wildlife Refuge and Sutter National Wildlife Refuge.
Ecological monitoring and evaluation program— Not later than 1 year after the date of the enactment of this Act, the Secretary, acting through the Director of the United States Fish and Wildlife Service, shall design and implement an ecological monitoring and evaluation program, for all Central Valley wildlife refuges, that produces an annual report based on existing and newly collected information, including—
the United States Fish and Wildlife Service Animal Health Lab disease reports;
mid-winter waterfowl inventories;
nesting and brood surveys;
additional data collected regularly by the refuges, such as herptile distribution and abundance;
a new coordinated systemwide monitoring effort for at least one key migrant species and two resident species listed as threatened and endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (including one warm-blooded and one cold-blooded), that identifies population numbers and survival rates for the 3 previous years; and
an estimate of the bioenergetic food production benefits to migrant waterfowl, consistent with the methodology used by the Central Valley Joint Venture, to compliment and inform the Central Valley Joint Venture implementation plan.
Adequate staffing for refuge water delivery objectives— The Secretary shall ensure that adequate staffing is provided to advance the refuge water supply delivery objectives under the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575).
Funding— There is authorized to be appropriated $25,000,000 to carry out subsections (a) through (d), which shall remain available until expended.
Effect on other funds— Amounts authorized under this section shall be in addition to amounts collected or appropriated under the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575).
81235. Drought planning and preparedness for critically important fisheries
Definitions— In this section:
Critically important fisheries— The term critically important fisheries means—
commercially and recreationally important fisheries located within the Reclamation States;
fisheries containing fish species that are listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) within the Reclamation States; or
fisheries used by Indian Tribes within the Reclamation States for ceremonial, subsistence, or commercial purposes.
Qualified tribal government— The term qualified Tribal Government means any government of an Indian Tribe that the Secretary determines—
is involved in fishery management and recovery activities including under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
has the management and organizational capability to maximize the benefits of assistance provided under this section.
Drought plan for critically important fisheries— Not later than January 1, 2021 and every three years thereafter, the Secretary, acting through the Director of the United States Fish and Wildlife Service shall, in consultation with the National Marine Fisheries Service, the Bureau of Reclamation, the Army Corps of Engineers, State fish and wildlife agencies, and affected Indian Tribes, prepare a plan to sustain the survival of critically important fisheries within the Reclamation States during future periods of extended drought. The plan shall focus on actions that can aid the survival of critically important fisheries during the driest years. In preparing such plan, the Director shall consider—
habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts;
relocating the release location and timing of hatchery fish to avoid predation and temperature impacts;
barging of hatchery release fish to improve survival and reduce straying;
coordination with water users, the Bureau of Reclamation, State fish and wildlife agencies, and interested public water agencies regarding voluntary water transfers, including through groundwater substitution activities, to determine if water releases can be collaboratively managed in a way that provides additional benefits for critically important fisheries without negatively impacting wildlife habitat;
hatchery management modifications, such as expanding hatchery production of fish during the driest years, if appropriate for a particular river basin;
hatchery retrofit projects, such as the installation and operation of filtration equipment and chillers, to reduce disease outbreaks, egg mortality and other impacts of droughts and high water temperatures;
increasing rescue operations of upstream migrating fish;
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 models;
testing the potential for parentage-based tagging and other genetic testing technologies to improve the management of hatcheries;
programs to reduce predation losses at artificially created predation hot spots; and
retrofitting existing water facilities to provide improved temperature conditions for fish.
Public comment— The Director of the United States Fish and Wildlife Service shall provide for a public comment period of not less than 90 days before finalizing a plan under subsection (a).
Authorization of appropriations for fish recovery efforts— There is authorized to be appropriated $25,000,000 for the United States Fish and Wildlife Service for fiscal year 2021 for fish, stream, and hatchery activities related to fish recovery efforts, including work with the National Marine Fisheries Service, the Bureau of Reclamation, the Army Corps of Engineers, State fish and wildlife agencies, or a qualified Tribal Government.
Effect— Nothing in this section is intended to expand, diminish, or affect any obligation under Federal or State environmental law.
81236. Aquatic ecosystem restoration
General authority— Subject to the requirements of this section, on request of any eligible entity the Secretary may negotiate and enter into an agreement on behalf of the United States to fund the design, study, and construction of an aquatic ecosystem restoration and protection project if the Secretary determines that the project is likely to improve the quality of the environment in a Reclamation State by improving fish passage through the removal or bypass of barriers to fish passage.
Requirements— Construction of a project under this section shall be a voluntary project initiated only after—
an eligible entity has entered into an agreement with the Secretary to pay no less than 35 percent of the costs of project construction; and
the Secretary determines the proposed project—
will not result in an unmitigated adverse impact on fulfillment of existing water delivery obligations consistent with historical operations and applicable contracts;
will not result in an unmitigated adverse effect on the environment;
is consistent with the responsibilities of the Secretary—
in the role as trustee for federally recognized Indian Tribes; and
to ensure compliance with any applicable international and Tribal treaties and agreements and interstate compacts and agreements;
is in the financial interest of the United States based on a determination that the project advances Federal objectives including environmental enhancement objectives in a Reclamation State; and
protects the public aspects of the eligible facility, including water rights managed for public purposes, such as flood control or fish and wildlife.
Environmental laws— In participating in a project under this section, the Secretary shall comply with all applicable Federal environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and all State environmental laws of the Reclamation State in which the project is located involving the construction, expansion or operation of a water storage project or fish and wildlife protection, provided that no law or regulation of a State or political subdivision of a State relieve the Secretary of any Federal requirement otherwise applicable under this section.
Funding— There is authorized to be appropriated to carry out this section $25,000,000 for each fiscal year through fiscal year 2026, to remain available until expended.
Definition of eligible entity— In this section, the term eligible entity means any Reclamation State, any department, agency, or subdivision of a Reclamation State, any public agency organized pursuant to the laws of a Reclamation State, an Indian Tribe, or a non-profit organization operating in a Reclamation State.
Priority for projects providing public safety and regional benefits— When funding projects under this section, the Secretary shall prioritize projects that—
are likely to provide public safety benefits; and
are regional in nature, including projects that span two or more river basins.
81237. Reauthorization of the Fisheries Restoration and Irrigation Mitigation Act of 2000
Section 10(a) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) is amended by striking “$15 million through 2021” and inserting “$25,000,000 through 2027”.
81238. Report on fish that inhabit waters that contain perfluoroalkyl or polyfluoroalkyl substances
In general— The Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Director of the United States Fish and Wildlife Service, the Administrator of the Environmental Protection Agency, the Director of the Centers for Disease Control and Prevention, and the Director of the United States Geological Survey, shall submit to Congress a report on the impact of waters that contain perfluoroalkyl or polyfluoroalkyl substances on fish that—
inhabit such waters; and
are used for recreation or subsistence.
Content— The report required by subsection (a) shall include information on the following:
The concentration of perfluoroalkyl and polyfluoroalkyl substances in fish that inhabit waters that contain such substances.
The health risks posed to persons who frequently consume fish that inhabit waters that contain perfluoroalkyl or polyfluoroalkyl substances.
The risks to natural predators of fish that inhabit waters that contain perfluoroalkyl or polyfluoroalkyl substances, including dolphins.
Measures that can be taken to mitigate the risks described in paragraphs (2) and (3).
4 Water Job Training and Education
81241. Water resource education
General authority— In accordance with this section, the Secretary may enter into a cooperative agreement or contract or provide financial assistance in the form of a grant, to support activities related to education on water resources.
Eligible activities— The Secretary may enter into a cooperative agreement or contract or provide financial assistance for activities that improve water resources education, including through tours, publications or other activities that—
disseminate information on water resources via educational tools, materials or programs;
publish relevant information on water resource issues, including environmental and ecological conditions;
advance projects that improve public understanding of water resource issues or management challenges, including education on drought, drought awareness, and drought resiliency;
provide training or related education for teachers, faculty, or related personnel, including in a specific geographic area or region; or
enable tours, conferences, or other activities to foster cooperation in addressing water resources or management challenges, including cooperation relating to water resources shared by the United States and Canada or Mexico.
Grant priority— In making grants under this section, the Secretary shall give priority to activities that—
provide training for the professional development of legal and technical experts in the field of water resources management; or
help educate the public, teachers or key stakeholders on—
a new or significantly improved water resource management practice, method, or technique;
the existence of a water resource management practice, method, or technique that may have wide application;
a water resource management practice, method, or technique related to a scientific field or skill identified as a priority by the Secretary; or
general water resource issues or management challenges, including as part of a science curricula in elementary or secondary education setting.
5 Miscellaneous
81251. Offset
Purpose; definition—
Purpose— The purpose of this section is to establish an efficient and transparent 1-time process for deauthorizing Bureau of Reclamation projects that have failed—
to receive a minimum level of Federal investment; or
to initiate construction.
Definition of reclamation project— In this section, the term Reclamation project means a surface water storage project or project under the purview of title XVI of Public Law 102–575 that is to be carried out, funded or operated in whole or in part by the Secretary pursuant to 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.).
Backlog list— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and make available on a publicly accessible internet website in a manner that is downloadable, searchable, and sortable, a list of—
Reclamation projects—
that are authorized; and
for which, during the fiscal year in which this Act is enacted and each of the preceding 10 fiscal years—
no application for Federal funding has been received; and
no construction has occurred; and
for each Reclamation project listed under paragraph (1)—
the date of authorization of the Reclamation project, including any subsequent modifications to the original authorization;
a brief description of the Reclamation project; and
any amounts appropriated for the Reclamation project that remain unobligated.
Interim deauthorization list—
In general— The Secretary shall develop and make publicly available an interim deauthorization list that identifies each Reclamation project described in subsection (b)(1).
Public comment and consultation—
In general— The Secretary shall solicit and accept, for a period of not less than 90 days, comments relating to the interim deauthorization list under paragraph (1) from—
the public; and
the Governor of each applicable State.
Project sponsors— As part of the public comment period under subparagraph (A), the Secretary shall provide to project sponsors the opportunity to provide to the Secretary a notice of the intent to initiate construction of the project by not later than the date that is 2 years after the date of publication of the preliminary final deauthorization list under subsection (d).
Submission to congress; publication— Not later than 90 days after the date of submission of the backlog list under subsection (b), the Secretary shall—
submit the interim deauthorization list under paragraph (1) to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; and
publish the interim deauthorization list in the Federal Register.
Preliminary final deauthorization list—
In general— The Secretary shall develop a preliminary final deauthorization list that includes each project identified pursuant to paragraph (2).
Identification of projects—
Exclusions— The Secretary may identify a Reclamation project described in subsection (b)(1) for exclusion from the preliminary final deauthorization list if the Secretary determines, on a case-by-case basis following receipt of public comments, that the project is critical for interests of the United States, based on the practicable impact of the project on—
public health and safety;
the national economy; or
the environment.
Subject to deauthorization designation— Any Reclamation project the sponsor of which has provided to the Secretary a notice of the intent to initiate construction by not later than 2 years after the date of publication of the preliminary final deauthorization list under this subsection shall be designated on that list as “subject to deauthorization”.
Appendix— The Secretary shall include as part of the preliminary final deauthorization list under this subsection an appendix that—
identifies each Reclamation project included on the interim deauthorization list under subsection (c) that is not included on the preliminary final deauthorization list; and
describes the reasons why each Reclamation project identified under clause (i) is not included on the preliminary final deauthorization list.
Submission to congress; publication— Not later than 120 days after the date of expiration of the public comment period under subsection (c)(2)(A), the Secretary shall—
submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives the preliminary final deauthorization list and the appendix required under this subsection; and
publish the preliminary final deauthorization list and appendix in the Federal Register.
Deauthorization; congressional review— Effective beginning on the date that is 180 days after the date of submission to Congress of the preliminary final deauthorization list under subsection (d)(3)(A), each Reclamation project included on that list is deauthorized, unless—
the Reclamation project is designated as “subject to deauthorization” pursuant to subsection (d)(2)(B); or
Congress has enacted a joint resolution disapproving the preliminary final deauthorization list.
Updated final deauthorization list—
Publication— Not later than the date that is 2 years after the date of publication of the preliminary final deauthorization list under subsection (d)(3)(B), the Secretary shall publish an updated final deauthorization list.
Projects subject to deauthorization— On the updated final deauthorization list under this subsection, the Secretary shall describe any Reclamation project designated as “subject to deauthorization” on the preliminary final deauthorization list pursuant to subsection (d)(2)(B) as—
authorized, if the Secretary has received evidence that the sponsor of the Reclamation project has substantially initiated construction on the Reclamation project; or
deauthorized, if the Secretary has not received the evidence described in subparagraph (A).
Deauthorization— Any project described as deauthorized pursuant to paragraph (2)(B) shall be deauthorized on the date that is 180 days after the date of submission of the updated final deauthorization list under paragraph (1), unless Congress has enacted a joint resolution disapproving that list.
Treatment of project modifications— For purposes of this section, if an authorized Reclamation project has been modified by an Act of Congress, the date of authorization of the project shall be considered to be the date of the most recent modification.
81252. Delayed water project recommendations
The Secretary shall, not later than 30 days after the date of enactment of this Act, transmit recommendations to the appropriate committees of Congress for the use of funds made available for fiscal year 2019 to advance—
water storage projects in accordance with section 4007 of Public Law 114–322;
title XVI water reuse projects in accordance with section 4009(c) of Public Law 114–322; and
water desalination projects in accordance with section 4009(a) of Public Law 114–322.
81253. Continued use of Pick-Sloan Missouri Basin Program project use power by the Kinsey Irrigation Company and the Sidney Water Users Irrigation District
Findings— Congress finds that—
the Act of May 18, 1938 (52 Stat. 403, chapter 250; 16 U.S.C. 833 et seq.), authorized the completion, maintenance, and operation of the Fort Peck project;
section 2 of that Act (52 Stat. 404, chapter 250; 16 U.S.C. 833a) authorized and directed the Bureau of Reclamation—
to transmit and sell electric energy generated by the Fort Peck project; and
“to interconnect the Fort Peck project with either private or with other Federal projects and publicly owned power systems now or hereafter constructed.”;
section 9 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 891, chapter 665)—
authorized the Missouri River Basin Project, now known as the “Pick-Sloan Missouri Basin Program” (referred to in this section as the “Program”);
approved the comprehensive plan for the Program set forth in Senate Document 191 and House Document 475, as revised and coordinated by Senate Document 247, 78th Congress;
established a permanent administration for the development of the Missouri River Basin; and
incorporated the Fort Peck project as part of the Program;
in 1946, the Bureau of Reclamation entered into project use power contracts to provide the Kinsey Irrigation Company and the predecessor of the Sidney Water Users Irrigation District electrical service under the authority of the Act of May 18, 1938 (52 Stat. 403, chapter 250; 16 U.S.C. 833 et seq.);
since 1946, the Bureau of Reclamation has approved 9 modifications to the project use power contracts between the Bureau of Reclamation, the Kinsey Irrigation Company, and the Sidney Water Users Irrigation District;
the project use power contracts in effect on the date of enactment of this Act provide electric service to the Kinsey Irrigation Company and the Sidney Water Users Irrigation District at the Program rate of 2.5 mills per kilowatt-hour, including wheeling, through 2020; and
the Kinsey Irrigation Company and the Sidney Water Users Irrigation District have reasonably relied on the authority of the Act of May 18, 1938 (52 Stat. 403, chapter 250; 16 U.S.C. 833 et seq.), and the fact that the Bureau of Reclamation has treated the Kinsey Irrigation Company and the Sidney Water Users Irrigation District as irrigation pumping units of the Program for more than 74 years.
Authorization— Notwithstanding any other provision of law and subject to subsection (c), the Secretary of the Interior (acting through the Commissioner of Reclamation) shall continue to treat the irrigation pumping units known as the “Kinsey Irrigation Company” in Custer County, Montana, and the “Sidney Water Users Irrigation District” in Richland County, Montana, or any successor to the Kinsey Irrigation Company or Sidney Water Users Irrigation District, as irrigation pumping units of the Program for the purposes of wheeling, administration, and payment of project use power.
Limitation— The quantity of power to be provided to the Kinsey Irrigation Company and the Sidney Water Users Irrigation District (including any successor to the Kinsey Irrigation Company or the Sidney Water Users Irrigation District) under subsection (b) may not exceed the maximum quantity of power provided to the Kinsey Irrigation Company and the Sidney Water Users Irrigation District under the applicable contract for electric service in effect on the date of enactment of this Act.
C Western Water Security
81301. Definitions
1 Infrastructure and Water Management Improvement
81311. Watersmart extension and expansion
Definition of eligible applicant— Section 9502 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362) is amended—
in the matter preceding paragraph (1), by striking “section” and inserting “subtitle”;
by striking paragraph (7) and inserting the following:
“(7) Eligible applicant—The term eligible applicant means—
“(A) any State, Indian tribe, irrigation district, or water district;
“(B) any State, regional, or local authority, the members of which include one or more organizations with water or power delivery authority;
“(C) any other organization with water or power delivery authority; or
“(D) any nonprofit conservation organization.”
by redesignating paragraphs (13) through (17) as paragraphs (14) through (18), respectively; and
by inserting after paragraph (12) the following:
“(13) Natural water recharge infrastructure—The term natural water recharge infrastructure means a single project, a number of distributed projects across a watershed, or the redesign and replacement, or removal, of built infrastructure to incorporate natural aquatic elements, in which the project—
“(A) uses natural materials appropriate to the specific site and landscape setting;
“(B) mimics natural riverine, floodplain, riparian, wetland, hydrologic, or other ecological processes; and
“(C) results in aquifer recharge, transient floodplain water retention, or restoration of water in the landscape such that the water returns to a wetland, riparian area, or surface water channel.”
Research agreements— Section 9504(b)(1) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is amended—
in the matter preceding subparagraph (A), by inserting “nonprofit conservation organization, ” before “or organization”;
in subparagraph (B), by striking “or” at the end;
by redesignating subparagraph (C) as subparagraph (D); and
by inserting after subparagraph (B) the following:
“(C) to increase natural water recharge infrastructure; or”
Water management improvement— Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking “$530,000,000” and inserting “$700,000,000, subject to the condition that $50,000,000 of that amount shall be used to carry out section 206 of the Energy and Water Development and Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113–235)”.
Conforming amendment— Section 4009(d) of Public Law 114–322 (42 U.S.C. 10364 note) is amended by striking “on the condition that of that amount, $50,000,000 of it is used to carry out section 206 of the Energy and Water Development and Related Agencies Appropriation Act, 2015 (43 U.S.C. 620 note; Public Law 113–235)”.
81312. Emergency drought funding
Authorization of appropriations— Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) is amended—
by striking “120,000,000” and inserting “180,000,000”; and
by striking “2020” and inserting “2025, of which not more than $30,000,000 shall be made available during that period for the conduct of actions authorized under title I of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2211 et seq.) to benefit imperiled fish and wildlife”.
Applicable period of drought program— Section 104 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214) is amended by striking subsection (a) and inserting the following:
“(a) In general—The programs and authorities established under this title shall become operative in any Reclamation State and in the State of Hawaii only—
“(1) after the Governor or Governors of the affected State or States, or the governing body of an affected Indian Tribe with respect to a reservation, has made a request for temporary drought assistance and the Secretary has determined that the temporary assistance is merited;
“(2) after a drought emergency has been declared by the Governor or Governors of the affected State or States; or
“(3) on approval of a drought contingency plan as provided in title II.”
Reauthorization— Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking “2020” and inserting “2030”.
81313. Rio Grande Pueblo Irrigation Infrastructure Reauthorization
Section 9106 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1304) is amended—
in subsection (c)(4), by striking “2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources” and inserting “December 31, 2020, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources”; and
in subsection (g)(2)—
by striking “$6,000,000” and inserting “such sums as may be necessary”; and
by striking “2010 through 2019” and inserting “2020 through 2029”.
81314. Puerto Rico WaterSMART Grants Eligibility
Short title— This section may be cited as the “Puerto Rico WaterSMART Grants Eligibility Act”.
Watersmart grants and agreements— Section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended in subsection (a)(2)(A)—
in clause (ii), by striking “or”;
in clause (iii), by striking “and” and inserting “or”; and
by inserting after clause (iii), the following:
“(iv) Puerto Rico; and”
2 Groundwater Management
81321. Reauthorization and expansion of the Transboundary Aquifer Assessment Program
Designation of priority transboundary aquifers— Section 4(c)(2) of the United States-Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962 note; Public Law 109–448) is amended by striking “New Mexico or Texas” and inserting “New Mexico, Texas, or Arizona (other than an aquifer underlying Arizona and Sonora, Mexico, that is partially within the Yuma groundwater basin designated by the order of the Director of the Arizona Department of Water Resources dated June 21, 1984)”.
Reauthorization—
Authorization of appropriations— Section 8(a) of the United States-Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962 note; Public Law 109–448) is amended by striking “fiscal years 2007 through 2016” and inserting “fiscal years 2021 through 2029”.
Sunset of authority— Section 9 of the United States-Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962 note; Public Law 109–448) is amended by striking “enactment of this Act” and inserting “enactment of the Moving Forward Act”.
81322. Groundwater management assessment and improvement
Section 9504(a) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is amended—
in paragraph (1)—
in the matter preceding subparagraph (A), by inserting “or carrying out any activity” after “any improvement”;
by striking subparagraphs (A) through (E);
by redesignating subparagraphs (F) through (H) as subparagraphs (B) through (D), respectively;
by inserting before subparagraph (B) (as so redesignated) the following:
“(A) to assist States and water users in complying with interstate compacts through temporary, voluntary, and compensated transactions that decrease consumptive water use at a regional or watershed scale;”
in subparagraph (B) (as so redesignated), by striking “to prevent” and inserting “to achieve the prevention of”;
in subparagraph (C) (as so redesignated), by striking “to accelerate” and inserting “to achieve the acceleration of”; and
in subparagraph (D) (as so redesignated)—
by striking clause (i) and inserting the following:
“(i) to increase ecological resilience to climate change, including by enhancing natural water recharge infrastructure within a floodplain or riparian wetland, by addressing climate-related impacts or vulnerability to the water supply of the United States;”
in clause (ii), by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(iii) to plan for or address the impacts of drought.”
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
by inserting after paragraph (1) the following:
“(2) Eligible projects—The improvements or activities eligible for assistance under paragraph (1) may include improvements or activities—
“(A) using an approach—
“(i) to conserve water;
“(ii) to increase water use efficiency;
“(iii) to facilitate water markets; or
“(iv) to enhance water management, including increasing the use of renewable energy in the management and delivery of water or increasing natural water recharge infrastructure;
“(B) to improve the condition of natural water recharge infrastructure; or
“(C) to achieve the acceleration of the adoption and use of advanced water treatment technologies to increase water supply.”
in paragraph (4) (as so redesignated)—
in subparagraph (B)(i), by striking subclause (II) and inserting the following:
“(II) to use the assistance provided under a grant or agreement to increase the consumptive use of water for agricultural operations above the pre-project levels, as determined pursuant to the law of the State in which the operation of the eligible applicant is located.”
in subparagraph (E)—
by striking clause (i) and inserting the following:
“(i) Federal share
“(I) In general—Except as provided in subclause (II), the Federal share of the cost of any infrastructure improvement or activity that is the subject of a grant or other agreement entered into between the Secretary and an eligible applicant under paragraph (1) shall not exceed 50 percent of the cost of the infrastructure improvement or activity.
“(II) Increased federal share for certain infrastructure improvements and activities
“(aa) In general—The Federal share of the cost of an infrastructure improvement or activity described in item (bb) shall not exceed 75 percent of the cost of the infrastructure improvement or activity.
“(bb) Infrastructure improvements and activities described—An infrastructure improvement or activity referred to in item (aa) is an infrastructure improvement or activity that provides benefits to consumptive water users and nonconsumptive ecological or recreational values in which—
“(AA) in the case of an infrastructure improvement or activity that conserves water, the conserved water is returned to a surface water source with ecological or recreational benefits; or
“(BB) in the case of other infrastructure improvements or activities, the majority of the benefits are nonconsumptive ecological or recreational benefits.”
in clause (ii), in the matter preceding subclause (I), by striking “paragraph (2)” and inserting “paragraph (3)”.
81323. Surface and groundwater water availability and the energy nexus
Section 9508(d)(3) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10368(d)(3)) is amended—
in subparagraph (D), by striking “and” at the end;
in subparagraph (E), by striking the semicolon and inserting “; and”; and
by adding at the end the following:
“(F) oil, gas, and mineral development under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Act of May 11, 1938 (commonly known as the “Indian Mineral Leasing Act of 1938”) (25 U.S.C. 396a et seq.), sections 2319 through 2344 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 22 et seq.), and the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);”
3 Water Conservation and Environmental Restoration
81331. Definitions
In this chapter:
Basin— The term Basin—
is limited to areas within the State; and
means each of—
the Upper Rio Grande Basin;
the Middle Rio Grande Basin;
the Lower Rio Grande Basin;
the Lower Pecos River Basin;
the Gila River Basin;
the Canadian River Basin;
the San Francisco River Basin; and
the San Juan River Basin.
District— The term District means—
the Middle Rio Grande Conservancy District;
the Elephant Butte Irrigation District;
the Carlsbad Irrigation District;
the Arch Hurley Conservancy District;
the Pecos Valley Artesian Conservation District; or
the San Juan Water Commission.
Pueblo— The term Pueblo means each of the following pueblos in the State:
Cochiti.
Santo Domingo.
San Felipe.
Santa Ana.
Sandia.
Isleta.
81332. Water acquisition program
Authorization— The Secretary, acting through the Commissioner of Reclamation, shall carry out in the Basins a water acquisition program in coordination with the other appropriate Federal agencies, State agencies, and non-Federal stakeholders, under which the Secretary shall—
make acquisitions, or assist the State or a District in making acquisitions, of water in the Basins by lease or purchase of water rights or contractual entitlements from willing lessors or sellers, consistent with section 8 of the Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande Compact, and applicable State law relating to the acquisition and administration of water rights; and
take any other actions, consistent with section 8 of the Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande Compact, and applicable State law, that the Secretary determines would achieve the purposes of the water acquisition program described in subsection (b).
Purposes— The purposes of the water acquisition program are—
to enhance stream flow to benefit fish and wildlife (including endangered species), water quality, and river ecosystem restoration in the Basins;
to enhance stewardship and conservation of working land, water, and watersheds in the Basins, consistent with the purpose described in paragraph (1); and
to address water supply-demand imbalances in the Basins, consistent with State law and the purpose described in paragraph (1).
Coordination— To assist in developing and administering the program, the Secretary may provide funds to the State, a District, or a federally established nonprofit entity with particular expertise in western water transactions.
District projects— Subject to the Rio Grande Compact and applicable State law, the Secretary may develop programs to provide—
cost-share assistance to a District to reduce water depletions by agricultural producers and irrigators in that District by making irrigation system improvements and increasing system efficiency;
incentives to a District for the establishment of a water leasing program from willing lessors for agricultural producers and irrigators in that District to temporarily lease pre-1907 water rights (instead of permanent severance from irrigable land) for the purpose of providing benefits to species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and other river ecosystem benefits; and
cost-share assistance to a District to implement infrastructure or operational changes that will allow for effective management of a leasing program, while maintaining adequate water deliveries to other agricultural producers and irrigators.
81333. Middle Rio Grande Water Conservation
In general— The Secretary, in cooperation with a District and in consultation with the Pueblos, may provide funding and technical assistance for the installation of metering and measurement devices and the construction of check structures on irrigation diversions, canals, laterals, ditches, and drains—
to ensure the conservation and efficient use of water within that District by—
reducing actual consumptive use; or
not increasing the use of water; and
to improve the measurement and allocation of water, including water acquired through the water acquisition program established under section 81332.
Rio grande, san acacia, and isleta reaches—
In general— The Secretary shall provide for the development of a comprehensive plan for the San Acacia and Isleta reaches to plan, design, permit, construct, and prioritize projects that balance river maintenance, water availability, use, and delivery, and ecosystem benefits, including—
planning, permitting, and construction of a pumping station at Bosque del Apache National Wildlife Refuge for the purpose of more efficiently using water to provide—
a stable supply for the Refuge; and
an efficient and reliable supply of water to the Rio Grande for the benefit of the endangered silvery minnow and Southwestern willow flycatcher;
planning, permitting, and construction of a river channel realignment project near the Rio Grande mile-83 for the purpose of conveying water and sediment through the reach to Elephant Butte Reservoir and addressing river channel aggradation while maintaining floodplain connectivity during the snowmelt runoff;
planning, permitting, and construction of a controlled outlet for the low flow conveyance channel to the Rio Grande between Fort Craig, New Mexico, and Rio Grande mile-60 for the purpose of water use and delivery, enhancement and development of habitat areas, and possible creation of a single-channel river ecosystem; and
development of a Lower Reach plan—
to identify additional projects and maintenance activities with water use, sediment management, and delivery and ecosystem benefits; and
to prioritize implementation of all projects and activities.
Public participation— In carrying out this subsection, the Secretary shall provide a process for public participation and comment during plan development and alternative analysis.
81334. Sustaining biodiversity during droughts
Section 9503(b) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(b)) is amended—
in paragraph (3)(D), by inserting “and native biodiversity” after “wildlife habitat”; and
in paragraph (4)(B), by inserting “and drought biodiversity plans to address sustaining native biodiversity during periods of drought” after “restoration plans”.
81335. Reauthorization of cooperative watershed management program
Section 6002(g)(4) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015a(g)(4)) is amended by striking “2020” and inserting “2031”.
4 Effect on Existing Law
81341. Effect on existing law
In general— An action taken by the Secretary or another entity under this subtitle or an amendment made by this subtitle shall comply with applicable State laws in effect on the date of enactment of this Act.
State law— Nothing in this subtitle or an amendment made by this subtitle affects, is intended to affect, or interferes with a law of the State relating to the control, appropriation, use, or distribution of water, or any vested right acquired under the law.
Rio grande compact— Nothing in this subtitle or an amendment made by this subtitle affects or is intended to affect or interfere with any obligation of a State under the Rio Grande Compact or any litigation relating to the Rio Grande Compact.
D Water Resources Research Amendments
81411. Water Resources Research Act amendments
Clarification of research activities— Section 104(b)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(b)(1)) is amended—
in subparagraph (B)(ii), by striking “water-related phenomena” and inserting “water resources”; and
in subparagraph (D), by striking the period at the end and inserting “; and”.
Compliance report— Section 104(c) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(c)) is amended—
by striking subsection (c) and inserting the following:
“(c) Grants
“(1) In general—From the sums appropriated pursuant to subsection (f) of this section, the Secretary shall make grants to each institute to be matched on a basis of no less than 1 non-Federal dollar for every 1 Federal dollar.”
by adding at the end the following:
“(2) Report—Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Environment and Public Works of the Senate, the Committee on the Budget of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on the Budget of the House of Representatives a report regarding the compliance of each funding recipient with this subsection for the immediately preceding fiscal year.”
Evaluation of water resources research program— Section 104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended by striking subsection (e) and inserting the following:
“(e) Evaluation of water resources research program
“(1) In general—The Secretary shall conduct a careful and detailed evaluation of each institute at least once every 5 years to determine—
“(A) the quality and relevance of the water resources research of the institute;
“(B) the effectiveness of the institute at producing measured results and applied water supply research; and
“(C) whether the effectiveness of the institute as an institution for planning, conducting, and arranging for research warrants continued support under this section.
“(2) Prohibition on further support—If, as a result of an evaluation under paragraph (1), the Secretary determines that an institute does not qualify for further support under this section, no further grants to the institute may be provided until the qualifications of the institute are reestablished to the satisfaction of the Secretary.”
Authorization of appropriations— Section 104(f)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended by striking “$12,000,000 for each of fiscal years 2007 through 2011” and inserting “$8,250,000 for each fiscal years 2020 through 2023”.
Additional appropriations where research focused on water problems of interstate nature— Section 104(g)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended in the first sentence by striking “$6,000,000 for each of fiscal years 2007 through 2011” and inserting “$1,750,000 for each of fiscal years 2020 through 2023”.
E Ground water recharge planning
81511. Ground water recharge planning
Definitions— In this section:
Critically overdrafted basins— The term Critically Overdrafted Basins means those basins identified by the California Department of Water Resources pursuant to part 2.74 of the California Water Code (commonly known as the “California’s Sustainable Groundwater Management Act”).
Reclamation state— The term Reclamation State means a State or territory described in the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391).
Secretary— The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
Evaluation and report—
In general— Not later than 4 years after the date of the enactment of this Act, the Secretary shall complete an evaluation and report to Congress that identifies potential ground water storage and recharge opportunities in each Reclamation State including recharge opportunities in critically overdrafted basins to help inform future Federal, State, local, and other investment in ground water storage projects.
Report— The report to Congress shall include—
an assessment of potentially beneficial storage and recharge locations based on the Secretary’s assessment of—
hydrologic attributes;
geologic attributes;
engineering attributes;
water supply benefits;
environmental benefits;
infrastructure benefits related to mitigation of subsidence-related infrastructure damage; and
sustainability benefits for critically overdrafted basins; and
an assessment of potential conveyance infrastructure needs to move excess runoff to the recharge locations identified by the Secretary under this section.
Coordination— To the maximum extent practicable, the Secretary shall coordinate research activities with Reclamation State agencies, ground water sustainability agencies, universities and non-profit organizations in a manner designed to assist with implementation of State-led initiatives such as part 2.74 of the California Water Code (commonly known as the “Sustainable Groundwater Management Act”).
F Tribal Water Infrastructure
81611. Finding
The COVID–19 crisis has highlighted the lack of infrastructure and sanitation available in native communities. Addressing the Indian Health Service’s Sanitation Facilities Deficiency List, as included in the 2018 report titled “Annual Report to the Congress of the United States on Sanitation Deficiency Levels for Indian Homes and Communities”, will make investments in the necessary water infrastructure and, in turn, improve health outcomes.
81612. Indian Health Services Sanitation Facilities Construction Program funding
Additional funding— For the purpose described in subsection (b), in addition to any other funds available for such purpose, there is authorized to be appropriated to the Secretary of Health and Human Services a total of $2,670,000,000 for each of fiscal years 2020 through 2024.
Purpose— The purpose described in this subsection is the planning, design, construction, modernization, improvement, and renovation of water, sewer, and solid waste sanitation facilities that are funded, in whole or part, by the Indian Health Service through, or provided for in, a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).
Priority for funding— When awarding funding under this section, the Secretary of Health and Human Services, acting through the Director of the Indian Health Service, shall address the highest needs first as established in the 2018 report titled “Annual Report to the Congress of the United States on Sanitation Deficiency Levels for Indian Homes and Communities”.
G Navajo Utah Water Rights Settlement
81711. Purposes
The purposes of this subtitle are—
to achieve a fair, equitable, and final settlement of all claims to water rights in the State of Utah for—
the Navajo Nation; and
the United States, for the benefit of the Nation;
to authorize, ratify, and confirm the Agreement entered into by the Nation and the State, to the extent that the Agreement is consistent with this subtitle;
to authorize and direct the Secretary—
to execute the Agreement; and
to take any actions necessary to carry out the agreement in accordance with this subtitle; and
to authorize funds necessary for the implementation of the Agreement and this subtitle.
81712. Definitions
In this subtitle:
Agreement— The term agreement means—
the document entitled “Navajo Utah Water Rights Settlement Agreement” dated December 14, 2015, and the exhibits attached thereto; and
any amendment or exhibit to the document or exhibits referenced in subparagraph (A) to make the document or exhibits consistent with this subtitle.
Allotment— The term allotment means a parcel of land—
granted out of the public domain that is—
located within the exterior boundaries of the Reservation; or
Bureau of Indian Affairs parcel number 792 634511 in San Juan County, Utah, consisting of 160 acres located in Township 41S, Range 20E, sections 11, 12, and 14, originally set aside by the United States for the benefit of an individual identified in the allotting document as a Navajo Indian; and
held in trust by the United States—
for the benefit of an individual, individuals, or an Indian Tribe other than the Navajo Nation; or
in part for the benefit of the Navajo Nation as of the enforceability date.
Allottee— The term allottee means an individual or Indian Tribe with a beneficial interest in an allotment held in trust by the United States.
Enforceability date— The term enforceability date means the date on which the Secretary publishes in the Federal Register the statement of findings described in section 81717(a).
General stream adjudication— The term general stream adjudication means the adjudication pending, as of the date of enactment, in the Seventh Judicial District in and for Grand County, State of Utah, commonly known as the “Southeastern Colorado River General Adjudication”, Civil No. 810704477, conducted pursuant to State law.
Injury to water rights— The term injury to water rights means an interference with, diminution of, or deprivation of water rights under Federal or State law, excluding injuries to water quality.
Member— The term member means any person who is a duly enrolled member of the Navajo Nation.
Navajo nation or nation— The term Navajo Nation or Nation means a body politic and federally recognized Indian nation, as published on the list established under section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)), also known variously as the “Navajo Nation”, the “Navajo Nation of Arizona, New Mexico, & Utah”, and the “Navajo Nation of Indians” and other similar names, and includes all bands of Navajo Indians and chapters of the Navajo Nation and all divisions, agencies, officers, and agents thereof.
Navajo water development projects— The term Navajo water development projects means projects for domestic municipal water supply, including distribution infrastructure, and agricultural water conservation, to be constructed, in whole or in part, using monies from the Navajo Water Development Projects Account.
Navajo water rights— The term Navajo water rights means the Nation’s water rights in Utah described in the agreement and this subtitle.
OM&R— The term OM&R means operation, maintenance, and replacement.
Parties— The term parties means the Navajo Nation, the State, and the United States.
Reservation— The term Reservation means, for purposes of the agreement and this subtitle, the Reservation of the Navajo Nation in Utah as in existence on the date of enactment of this Act and depicted on the map attached to the agreement as Exhibit A, including any parcel of land granted out of the public domain and held in trust by the United States entirely for the benefit of the Navajo Nation as of the enforceability date.
Secretary— The term Secretary means the Secretary of the United States Department of the Interior or a duly authorized representative thereof.
State— The term State means the State of Utah and all officers, agents, departments, and political subdivisions thereof.
United states— The term United States means the United States of America and all departments, agencies, bureaus, officers, and agents thereof.
United states acting in its trust capacity— The term United States acting in its trust capacity means the United States acting for the benefit of the Navajo Nation or for the benefit of allottees.
81713. Ratification of agreement
Approval by congress— Except to the extent that any provision of the agreement conflicts with this subtitle, Congress approves, ratifies, and confirms the agreement (including any amendments to the agreement that are executed to make the agreement consistent with this subtitle).
Execution by secretary— The Secretary is authorized and directed to promptly execute the agreement to the extent that the agreement does not conflict with this subtitle, including—
any exhibits to the agreement requiring the signature of the Secretary; and
any amendments to the agreement necessary to make the agreement consistent with this subtitle.
Environmental compliance—
In general— In implementing the agreement and this subtitle, the Secretary shall comply with all applicable provisions of—
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
all other applicable environmental laws and regulations.
Execution of the agreement— Execution of the agreement by the Secretary as provided for in this subtitle shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
81714. Navajo water rights
Confirmation of navajo water rights—
Quantification— The Navajo Nation shall have the right to use water from water sources located within Utah and adjacent to or encompassed within the boundaries of the Reservation resulting in depletions not to exceed 81,500 acre-feet annually as described in the agreement and as confirmed in the decree entered by the general stream adjudication court.
Satisfaction of allottee rights— Depletions resulting from the use of water on an allotment shall be accounted for as a depletion by the Navajo Nation for purposes of depletion accounting under the agreement, including recognition of—
any water use existing on an allotment as of the date of enactment of this subtitle and as subsequently reflected in the hydrographic survey report referenced in section 81716(b);
reasonable domestic and stock water uses put into use on an allotment; and
any allotment water rights that may be decreed in the general stream adjudication or other appropriate forum.
Satisfaction of on-reservation State law-based water rights— Depletions resulting from the use of water on the Reservation pursuant to State law-based water rights existing as of the date of enactment of this Act shall be accounted for as depletions by the Navajo Nation for purposes of depletion accounting under the agreement.
In general— The Navajo water rights are ratified, confirmed, and declared to be valid.
Use— Any use of the Navajo water rights shall be subject to the terms and conditions of the agreement and this subtitle.
Conflict— In the event of a conflict between the agreement and this subtitle, the provisions of this subtitle shall control.
Trust status of Navajo water rights— The Navajo water rights—
shall be held in trust by the United States for the use and benefit of the Nation in accordance with the agreement and this subtitle; and
shall not be subject to forfeiture or abandonment.
Authority of the nation—
In general— The Nation shall have the authority to allocate, distribute, and lease the Navajo water rights for any use on the Reservation in accordance with the agreement, this subtitle, and applicable Tribal and Federal law.
Off-reservation use— The Nation may allocate, distribute, and lease the Navajo water rights for off-Reservation use in accordance with the agreement, subject to the approval of the Secretary.
Allottee water rights— The Nation shall not object in the general stream adjudication or other applicable forum to the quantification of reasonable domestic and stock water uses on an allotment, and shall administer any water use on the Reservation in accordance with applicable Federal law, including recognition of—
any water use existing on an allotment as of the date of enactment of this Act and as subsequently reflected in the hydrographic survey report referenced in section 81716(b);
reasonable domestic and stock water uses on an allotment; and
any allotment water rights decreed in the general stream adjudication or other appropriate forum.
Effect— Except as otherwise expressly provided in this section, nothing in this subtitle—
authorizes any action by the Nation against the United States under Federal, State, Tribal, or local law; or
alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code.
81715. Navajo trust accounts
Establishment— The Secretary shall establish a trust fund, to be known as the “Navajo Utah Settlement Trust Fund” (referred to in this subtitle as the “Trust Fund”), to be managed, invested, and distributed by the Secretary and to remain available until expended, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any interest earned on those amounts, for the purpose of carrying out this subtitle.
Accounts— The Secretary shall establish in the Trust Fund the following Accounts:
The Navajo Water Development Projects Account.
The Navajo OM&R Account.
Deposits— The Secretary shall deposit in the Trust Fund Accounts—
in the Navajo Water Development Projects Account, the amounts made available pursuant to section 81716(a)(1); and
in the Navajo OM&R Account, the amount made available pursuant to section 81716(a)(2).
Management and interest—
Management— Upon receipt and deposit of the funds into the Trust Fund Accounts, the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in a manner that is consistent with the investment authority of the Secretary under—
the first section of the Act of June 24, 1938 (25 U.S.C. 162a);
the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
this section.
Investment earnings— In addition to the deposits under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund are authorized to be appropriated to be used in accordance with the uses described in subsection (h).
Availability of amounts— Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, shall be made available to the Nation by the Secretary beginning on the enforceability date and subject to the uses and restrictions set forth in this section.
Withdrawals—
Withdrawals Under the American Indian Trust Fund Management Reform Act of 1994— The Nation may withdraw any portion of the funds in the Trust Fund on approval by the Secretary of a tribal management plan submitted by the Nation in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
Requirements— In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal management plan under this paragraph shall require that the Nation shall spend all amounts withdrawn from the Trust Fund and any investment earnings accrued through the investments under the Tribal management plan in accordance with this subtitle.
Enforcement— The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan to ensure that amounts withdrawn by the Nation from the Trust Fund under this paragraph are used in accordance with this subtitle.
Withdrawals under expenditure plan— The Nation may submit to the Secretary a request to withdraw funds from the Trust Fund pursuant to an approved expenditure plan.
Requirements— To be eligible to withdraw funds under an expenditure plan under this paragraph, the Nation shall submit to the Secretary for approval an expenditure plan for any portion of the Trust Fund that the Nation elects to withdraw pursuant to this paragraph, subject to the condition that the funds shall be used for the purposes described in this subtitle.
Inclusions— An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Nation, in accordance with subsections (c) and (h).
Approval— On receipt of an expenditure plan under this paragraph, the Secretary shall approve the plan, if the Secretary determines that the plan—
is reasonable;
is consistent with, and will be used for, the purposes of this subtitle; and
contains a schedule which described that tasks will be completed within 18 months of receipt of withdrawn amounts.
Enforcement— The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this subtitle.
Effect of act— Nothing in this subtitle gives the Nation the right to judicial review of a determination of the Secretary regarding whether to approve a Tribal management plan or an expenditure plan except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”).
Uses— Amounts from the Trust Fund shall be used by the Nation for the following purposes:
The Navajo Water Development Projects Account shall be used to plan, design, and construct the Navajo water development projects and for the conduct of related activities, including to comply with Federal environmental laws.
The Navajo OM&R Account shall be used for the operation, maintenance, and replacement of the Navajo water development projects.
Liability— The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Nation under subsection (f).
No per capita distributions— No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Nation.
Expenditure reports— The Navajo Nation shall submit to the Secretary annually an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan as described in this subtitle.
81716. Authorization of appropriations
Authorization— There are authorized to be appropriated to the Secretary—
for deposit in the Navajo Water Development Projects Account of the Trust Fund established under section 81715(b)(1), $198,300,000, which funds shall be retained until expended, withdrawn, or reverted to the general fund of the Treasury; and
for deposit in the Navajo OM&R Account of the Trust Fund established under section 81715(b)(2), $11,100,000, which funds shall be retained until expended, withdrawn, or reverted to the general fund of the Treasury.
Implementation costs— There is authorized to be appropriated non-trust funds in the amount of $1,000,000 to assist the United States with costs associated with the implementation of the subtitle, including the preparation of a hydrographic survey of historic and existing water uses on the Reservation and on allotments.
State cost share— The State shall contribute $8,000,000 payable to the Secretary for deposit into the Navajo Water Development Projects Account of the Trust Fund established under section 81715(b)(1) in installments in each of the 3 years following the execution of the agreement by the Secretary as provided for in subsection (b) of section 81713.
Fluctuation in costs— The amount authorized to be appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this Act as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend.
Repetition— The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated.
Period of indexing— The period of indexing adjustment for any increment of funding shall end on the date on which funds are deposited into the Trust Fund.
81717. Conditions precedent
In general— The waivers and release contained in section 81718 of this subtitle shall become effective as of the date the Secretary causes to be published in the Federal Register a statement of findings that—
to the extent that the agreement conflicts with the Act, the agreement has been revised to conform with this subtitle;
the agreement, so revised, including waivers and releases of claims set forth in section 81718, has been executed by the parties, including the United States;
Congress has fully appropriated, or the Secretary has provided from other authorized sources, all funds authorized under subsection (a) of section 81716;
the State has enacted any necessary legislation and provided the funding required under the agreement and subsection (c) of section 81716; and
the court has entered a final or interlocutory decree that—
confirms the Navajo water rights consistent with the agreement and this subtitle; and
with respect to the Navajo water rights, is final and nonappealable.
Expiration date— If all the conditions precedent described in subsection (a) have not been fulfilled to allow the Secretary’s statement of findings to be published in the Federal Register by October 31, 2030—
the agreement and this subtitle, including waivers and releases of claims described in those documents, shall no longer be effective;
any funds that have been appropriated pursuant to section 81716 but not expended, including any investment earnings on funds that have been appropriated pursuant to such section, shall immediately revert to the general fund of the Treasury; and
any funds contributed by the State pursuant to subsection (c) of section 81716 but not expended shall be returned immediately to the State.
Extension— The expiration date set forth in subsection (b) may be extended if the Navajo Nation, the State, and the United States (acting through the Secretary) agree that an extension is reasonably necessary.
81718. Waivers and releases
In General—
Waiver and release of claims by the nation and the united states acting in its capacity as trustee for the nation— Subject to the retention of rights set forth in subsection (c), in return for confirmation of the Navajo water rights and other benefits set forth in the agreement and this subtitle, the Nation, on behalf of itself and the members of the Nation (other than members in their capacity as allottees), and the United States, acting as trustee for the Nation and members of the Nation (other than members in their capacity as allottees), are authorized and directed to execute a waiver and release of—
all claims for water rights within Utah based on any and all legal theories that the Navajo Nation or the United States acting in its trust capacity for the Nation, asserted, or could have asserted, at any time in any proceeding, including to the general stream adjudication, up to and including the enforceability date, except to the extent that such rights are recognized in the agreement and this subtitle; and
all claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within Utah against the State, or any person, entity, corporation, or municipality, that accrued at any time up to and including the enforceability date.
Claims by the navajo nation against the united states— The Navajo Nation, on behalf of itself (including in its capacity as allottee) and its members (other than members in their capacity as allottees), shall execute a waiver and release of—
all claims the Navajo Nation may have against the United States relating in any manner to claims for water rights in, or water of, Utah that the United States acting in its trust capacity for the Nation asserted, or could have asserted, in any proceeding, including the general stream adjudication;
all claims the Navajo Nation may have against the United States relating in any manner to damages, losses, or injuries to water, water rights, land, or other resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights; claims relating to interference with, diversion, or taking of water; or claims relating to failure to protect, acquire, replace, or develop water or water rights) within Utah that first accrued at any time up to and including the enforceability date;
all claims the Nation may have against the United States relating in any manner to the litigation of claims relating to the Nation’s water rights in proceedings in Utah; and
all claims the Nation may have against the United States relating in any manner to the negotiation, execution, or adoption of the agreement or this subtitle.
Reservation of rights and retention of claims by the navajo nation and the united states— Notwithstanding the waivers and releases authorized in this subtitle, the Navajo Nation, and the United States acting in its trust capacity for the Nation, retain—
all claims for injuries to and the enforcement of the agreement and the final or interlocutory decree entered in the general stream adjudication, through such legal and equitable remedies as may be available in the decree court or the Federal District Court for the District of Utah;
all rights to use and protect water rights acquired after the enforceability date;
all claims relating to activities affecting the quality of water, including any claims under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq. (including claims for damages to natural resources)), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the regulations implementing those Acts, and the common law;
all claims for water rights, and claims for injury to water rights, in states other than the State of Utah;
all claims, including environmental claims, under any laws (including regulations and common law) relating to human health, safety, or the environment; and
all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to the agreement and this subtitle.
Effect— Nothing in the agreement or this subtitle—
affects the ability of the United States acting in its sovereign capacity to take actions authorized by law, including any laws relating to health, safety, or the environment, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and the regulations implementing those laws;
affects the ability of the United States to take actions in its capacity as trustee for any other Indian Tribe or allottee;
confers jurisdiction on any State court to—
interpret Federal law regarding health, safety, or the environment or determine the duties of the United States or other parties pursuant to such Federal law; and
conduct judicial review of Federal agency action; or
modifies, conflicts with, preempts, or otherwise affects—
the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
the Boulder Canyon Project Adjustment Act (43 U.S.C. 618 et seq.);
the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620 et seq.);
the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.);
the Treaty between the United States of America and Mexico respecting utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 (59 Stat. 1219);
the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000); and
the Upper Colorado River Basin Compact as consented to by the Act of April 6, 1949 (63 Stat. 31, chapter 48).
Tolling of claims—
In general— Each applicable period of limitation and time-based equitable defense relating to a claim waived by the Navajo Nation described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the enforceability date.
Effect of subsection— Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act.
Limitation— Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law.
81719. Miscellaneous provisions
Precedent— Nothing in this subtitle establishes any standard for the quantification or litigation of Federal reserved water rights or any other Indian water claims of any other Indian Tribe in any other judicial or administrative proceeding.
Other Indian Tribes— Nothing in the agreement or this subtitle shall be construed in any way to quantify or otherwise adversely affect the water rights, claims, or entitlements to water of any Indian Tribe, band, or community, other than the Navajo Nation.
81720. Relation to allottees
No effect on claims of allottees— Nothing in this subtitle or the agreement shall affect the rights or claims of allottees, or the United States, acting in its capacity as trustee for or on behalf of allottees, for water rights or damages related to lands allotted by the United States to allottees, except as provided in section 81714(a)(2).
Relationship of decree to allottees— Allottees, or the United States, acting in its capacity as trustee for allottees, are not bound by any decree entered in the general stream adjudication confirming the Navajo water rights and shall not be precluded from making claims to water rights in the general stream adjudication. Allottees, or the United States, acting in its capacity as trustee for allottees, may make claims and such claims may be adjudicated as individual water rights in the general stream adjudication.
81721. Antideficiency
The United States shall not be liable for any failure to carry out any obligation or activity authorized by this subtitle (including any obligation or activity under the agreement) if adequate appropriations are not provided expressly by Congress to carry out the purposes of this subtitle.
II National Parks, Forests, and Public Lands
A Public Lands Telecommunications
82101. Definitions
In this Act:
Communications site— The term communications site means an area of Federal lands designated for telecommunications uses.
Communications use— The term communications use means the placement and operation of infrastructure for wireline or wireless telecommunications, including cable television, television, and radio communications, regardless of whether such placement and operation is pursuant to a license issued by the Federal Communications Commission or on an unlicensed basis in accordance with the regulations of the Commission. The term includes ancillary activities, uses, or facilities directly related to such placement and operation.
Communications use authorization— The term communications use authorization means a right-of-way, permit, or lease granted, issued, or executed by a Federal land management agency for the primary purpose of authorizing the occupancy and use of Federal lands for communications use.
Federal land management agency— The term Federal land management agency means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Bureau of Reclamation.
Federal lands— The term Federal lands means lands under the jurisdiction and management of a Federal land management agency.
Rental fee— The term rental fee means the fee collected by a Federal land management agency for the occupancy and use authorized by a communications use authorization pursuant to and consistent with authorizing law.
82102. Collection and retention of rental fees associated with communications use authorizations on Federal lands and Federal land management agency support for communication site programs
Special account required— The Secretary of the Treasury shall establish a special account in the Treasury for each Federal land management agency for the deposit of rental fees received by the Federal land management agency for communications use authorizations on Federal lands granted, issued, or executed by the Federal land management agency.
Competitively neutral— Notwithstanding any other provision of law, any rental fees collected pursuant to this Act shall be competitively neutral, technology neutral, and nondiscriminatory with respect to other uses of the communication site.
Rental fees—
Limitation on amount of rental fees— Rental fees shall not exceed the fee schedules published by the Secretary of the Interior for communication use rights-of-way.
Revision of rental fee schedules for communication sites rights of way— Not later than 1 year after the date of the enactment of this Act, through a public process that includes consideration of industry comments, the Secretary of the Interior shall revise the communication sites rights-of-way rental fee schedule to reflect current communication technologies, including the physical footprint of such technologies.
Deposit and retention of rental fees— Rental fees received by a Federal land management agency shall—
be deposited in the special account established for that Federal land management agency; and
remain available for expenditure under subsection (e), to the extent and in such amounts as are provided in advance in appropriation Acts.
Expenditure of retained fees— Amounts deposited in the special account for a Federal land management agency shall be used solely for Federal land management agency activities related to communications sites, including the following:
Administering communications use authorizations, including cooperative agreements under section 4.
Preparing needs assessments or other programmatic analyses necessary to establish communications sites and authorize communications uses on or adjacent to Federal lands.
Developing management plans for communications sites on or adjacent to Federal lands on a competitively neutral, technology neutral, nondiscriminatory basis.
Training for management of communications sites on or adjacent to Federal lands.
Obtaining, improving access to, or establishing communications sites on or adjacent to Federal lands.
No effect on other fee retention authorities— This Act shall not limit or otherwise affect fee retention by a Federal land management agency under any other authority.
82103. Cooperative agreement authority
The Secretary of the Interior may enter into cooperative agreements to carry out the activities described in section 3(e).
B Outdoors for All
82201. Definitions
In this Act:
Eligible entity—
In general— The term eligible entity means—
a State;
a political subdivision of a State, including—
a city; and
a county;
a special purpose district, including park districts; and
an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
Political subdivisions and Indian tribes— A political subdivision of a State or an Indian tribe shall be considered an eligible entity only if the political subdivision or Indian tribe represents or otherwise serves a qualifying urban area.
Outdoor recreation legacy partnership grant program— The term Outdoor Recreation Legacy Partnership Grant Program means the program established under section 3(a).
Qualifying urban area— The term qualifying urban area means an area identified by the Census Bureau as an “urban area” in the most recent census.
Secretary— The term Secretary means the Secretary of the Interior.
82202. Grants authorized
In general— The Secretary shall establish an outdoor recreation legacy partnership grant program under which the Secretary may award grants to eligible entities for projects—
to acquire land and water for parks and other outdoor recreation purposes; and
to develop new or renovate existing outdoor recreation facilities.
Matching requirement—
In general— As a condition of receiving a grant under subsection (a), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant.
Sources— The matching amounts referred to in paragraph (1) may include amounts made available from State, local, nongovernmental, or private sources.
Waiver— The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that—
no reasonable means are available through which an applicant can meet the matching requirement; and
the probable benefit of such project outweighs the public interest in such matching requirement.
82203. Eligible uses
In general— A grant recipient may use a grant awarded under this Act—
to acquire land or water that provides outdoor recreation opportunities to the public; and
to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public, with priority given to projects that—
create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community;
engage and empower underserved communities and youth;
provide opportunities for youth employment or job training;
establish or expand public-private partnerships, with a focus on leveraging resources; and
take advantage of coordination among various levels of government.
Limitations on use— A grant recipient may not use grant funds for—
grant administration costs;
incidental costs related to land acquisition, including appraisal and titling;
operation and maintenance activities;
facilities that support semiprofessional or professional athletics;
indoor facilities such as recreation centers or facilities that support primarily non-outdoor purposes; or
acquisition of land or interests in land that restrict access to specific persons.
82204. National park service requirements
82205. Reporting
Annual reports— Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that—
summarize project activities conducted during the report period; and
provide the status of the project.
Final reports— Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require.
82206. Revenue sharing
Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is amended by inserting before the period at the end “, of which 20 percent for each of fiscal years 2020 through 2058 shall be used by the Secretary of the Interior to provide grants under the Outdoor Recreation Legacy Partnership Grant Program Act”.
C Updated Borrowing Authority
82301. Presidio Trust borrowing authority
Section 104(d)(2) of Public Law 104–333 is amended by striking the first sentence and inserting the following: “The Trust shall also have the authority to issue obligations to the Secretary of the Treasury and the Secretary of the Treasury shall purchase such obligations.”.
D Forest Service Legacy Roads and Trails Remediation Program
82401. Forest Service Legacy Roads and Trails Remediation Program
In general— The Secretary of Agriculture shall establish and maintain a Forest Service Legacy Roads and Trails Remediation Program (referred to in this section as the “Program”) within the National Forest System—
to restore fish and other aquatic organism passage by removing or replacing unnatural barriers to the passage of fish and other aquatic organisms;
to decommission unneeded roads and trails; and
to carry out associated activities.
Priority— In implementing the Program, the Secretary shall give priority to projects that protect or restore—
water quality;
watersheds that feed public drinking water systems; or
habitat for threatened, endangered, and sensitive fish and wildlife species.
National program strategy— Not later than 180 days after the date of enactment of this Act, the Chief of the Forest Service shall develop a national strategy for implementing the Program and share the national strategy with the Committee on Natural Resources, Committee on Agriculture, and Committee on Appropriations of the House of Representatives, and the Committee on Appropriations, Committee on Agriculture, Nutrition, and Forestry, and the Committee on Energy and Natural Resources of the Senate.
Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2021 through 2023, to remain available until expended.
E Long Bridge
82501. Authorization of National Park Service conveyances
On request of the State of Virginia or the District of Columbia, as applicable, the Secretary of the Interior (acting through the Director of the National Park Service) (referred to in this section as the “Secretary”) may, subject to any terms and conditions that the Secretary determines to be necessary, convey to the State of Virginia or the District of Columbia, as applicable, any Federal land or interest in Federal land under the jurisdiction of the Secretary that is identified by the State of Virginia or the District of Columbia, as applicable, as necessary for the Long Bridge Project, which is a project consisting of improvements to the Long Bridge and related railroad infrastructure between Rossyln (RO) Interlocking in Arlington, Virginia, and L’Enfant (LE) Interlocking near 10th Street SW in Washington, DC, the purpose of which is to expand commuter and regional passenger rail service and provide bicycle and pedestrian access crossings over the Potomac River.
If any portion of the Federal land or interest in Federal land conveyed under subsection (a) is no longer being used for railroad purposes or recreational use, the portion of the Federal land or interest in the portion of the land shall revert to the Secretary, on a determination by the Secretary that the portion of the Federal land has been remediated and restored to a condition determined to be satisfactory by the Secretary.
The Secretary may permit the temporary use of any Federal land under the jurisdiction of the Secretary that is identified by the State of Virginia or the District of Columbia, as applicable, as necessary for the construction of the project described in subsection (a), subject to any terms and conditions determined to be necessary by the Secretary.
Notwithstanding any other provision of law, the Secretary may recover from the State of Virginia or the District of Columbia, as applicable, all costs incurred by the Secretary in providing or procuring necessary services associated with a conveyance under subsection (a) or use authorized under subsection (c), with such amounts to remain available to the Secretary until expended, without further appropriation.
F Western Riverside County Wildlife Refuge
82601.
The Secretary of the Interior (in this subtitle referred to as the “Secretary”), acting through the U.S. Fish and Wildlife Service, shall establish as a national wildlife refuge the lands, waters, and interests therein acquired under section 82604. The national wildlife refuge shall be known as the Western Riverside County National Wildlife Refuge (in this subtitle referred to as the “Wildlife Refuge”).
82602. Purpose
The purpose of the Wildlife Refuge shall be—
to conserve, manage, and restore wildlife habitats for the benefit of present and future generations of Americans;
to conserve species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the California Endangered Species Act (California Fish and Game Code 2050–2068), or which is a covered species under the Western Riverside County Multiple Species Habitat Conservation Plan;
to support the recovery and protection of threatened and endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
to provide for wildlife habitat connectivity and migratory corridors within the Western Riverside County Multiple Species Habitat Conservation Plan Area.
82603. Notification of establishment
The Secretary shall publish notice of the establishment of the Wildlife Refuge in the Federal Register.
82604. Boundaries
The Secretary shall include within the boundaries of the Wildlife Refuge the lands and waters within the Western Riverside County Multiple Species Habitat Conservation Plan Area (as depicted on maps and described in the Final Western Riverside County Multiple Species Habitat Conservation Plan dated June 17, 2003) that are owned by the Federal government, a State, or a political subdivision of a State on the date of enactment.
82605. Administration
In general— Upon the establishment of the Wildlife Refuge and thereafter, the Secretary shall administer all federally owned lands, waters, and interests in the Wildlife Refuge in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and this subtitle. The Secretary may use such additional statutory authority as may be available to the Secretary for the conservation, management, and restoration of fish and wildlife and natural resources, the development of compatible wildlife dependent outdoor recreation opportunities, and the facilitation of fish and wildlife interpretation and education as the Secretary considers appropriate to carry out the purposes of this subtitle and serve the objectives of the Western Riverside County Multiple Species Habitat Conservation Plan.
Cooperative agreements regarding non-Federal lands— The Secretary may enter into cooperative agreements with the State of California, any political subdivision thereof, or any other person—
for the management, in a manner consistent with this subtitle and the Western Riverside County Multiple Species Habitat Conservation Plan, of lands that are owned by such State, subdivision, or other person and located within the boundaries of the Wildlife Refuge;
to promote public awareness of the natural resources of the Western Riverside County Multiple Species Habitat Conservation Plan Area; or
to encourage public participation in the conservation of those resources.
82606. Acquisition and transfers of lands and waters for wildlife refuge
Acquisitions— The Secretary shall acquire by donation, purchase with appropriated funds, or exchange the lands and water, or interest therein (including conservation easements), within the boundaries of the Wildlife Refuge, except that the lands, water, and interests therein owned by the State of California and its political subdivisions may be acquired only by donation.
Transfers—
In general— The head of any Federal department or agency, including any agency within the Department of the Interior, that has jurisdiction of any Federal property located within the boundaries of the Wildlife Refuge as described by this subtitle shall, not later than 1 year after the date of the enactment of this Act, submit to the Secretary an assessment of the suitability of such property for inclusion in the Wildlife Refuge.
Assessment— Any assessment under paragraph (1) shall include—
parcel descriptions and best existing land surveys for such property;
a list of existing special reservations, designations, or purposes of the property;
a list of all known or suspected hazardous substance contamination of such property, and any facilities, surface water, or groundwater on such property;
the status of withdrawal of such property from—
the Mineral Leasing Act; and
the General Mining Act of 1872; and
a recommendation as to whether such property is or is not suitable for inclusion in the Wildlife Refuge.
Inclusion in wildlife refuge—
In general— The Secretary shall, not later than 60 days after receiving an assessment submitted pursuant to paragraph (1), determine if the property described in such assessment is suitable for inclusion in the Wildlife Refuge.
Transfer— If the Secretary determines the property in an assessment submitted under paragraph (1) is suitable for inclusion in the Wildlife Refuge, the head of the Federal department or agency that has jurisdiction of such property shall transfer such property to the administrative jurisdiction of the Secretary for the purposes of this subtitle.
Property unsuitable for inclusion— Property determined by the Secretary to be unsuitable for inclusion in the Wildlife Refuge based on an assessment submitted under paragraph (1) shall be subsequently transferred to the Secretary for purposes of this subtitle by the head of the department or agency that has jurisdiction of such property if such property becomes suitable for inclusion in the Wildlife Refuge as determined by the Secretary in consultation with the head of the department or agency that has jurisdiction of such property.
Public access— If property transferred to the Secretary under this subsection allows for public access at the time of transfer, such access shall be maintained unless such access—
would be incompatible with the purposes of the Wildlife Refuge;
would jeopardize public health or safety; or
must be limited due to emergency circumstances.
G Tribal Land to Trust
82701. Lands to be taken into trust
In general— The approximately 2,560 acres of land owned by the Agua Caliente Band of Cahuilla Indians, numbered 16, 21, 27, and 29 and generally depicted as “BLM Exchange Lands (2,560 Acres)” on the map titled “ACBCI/BLM LAND EXCHANGE” is hereby taken into trust for the benefit of the Agua Caliente Band of Cahuilla Indians.
Lands part of reservation— Lands taken into trust by this section shall be part of the Tribe’s reservation and shall be administered in accordance with the laws and regulations generally applicable to property held in trust by the United States for an Indian tribe.
Gaming prohibited— Lands taken into trust by this section for the benefit of the Agua Caliente Band of Cahuilla Indians shall not be eligible for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
III Oceans and Wildlife
A Coastal and Great Lakes Resiliency and Restoration
83101. Shovel-Ready Restoration and Resiliency Grant Program
Establishment— The Secretary shall establish a grant program to provide funding and technical assistance to eligible entities for purposes of carrying out a project described in subsection (d).
Project proposal— To be considered for a grant under this section, an eligible entity shall submit a grant proposal to the Secretary in a time, place, and manner determined by the Secretary. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project.
Development of criteria— The Secretary shall select eligible entities to receive grants under this section based on criteria developed by the Secretary, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation and the Office for Coastal Management.
Eligible projects— A project is described in this section if—
the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including—
restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
through the removal or remediation of marine debris, including derelict vessels and fishing gear, in coastal and marine habitats; and
for the benefit of—
shellfish;
fish, including diadromous fish; or
coral reefs; or
the project provides adaptation to climate change, including—
by constructing or protecting ecological features or green infrastructure that protects coastal communities from sea level rise, coastal storms, or flooding; and
blue carbon projects.
Priority— In determining which projects to fund under this section, the Secretary shall give priority to a proposed project—
that would stimulate the economy;
for which the applicant can demonstrate that the grant will fund work that will begin not more than 90 days after the date of the award;
for which the applicant can demonstrate that the grant will fund work that will employ fishermen who have been negatively impacted by the COVID–19 pandemic or pay a fisherman for the use of a fishing vessel or employ a fisherman that has been significantly impacted by unfair methods of competition or other actions from foreign governments, as determined by the United States Trade Representative, to supplant domestic seafood production or fish products;
for which the applicant can demonstrate that any preliminary study or permit required before the project can begin has been completed or can be completed shortly after an award is made; or
that includes communities that may not have adequate resources, including low-income communities, communities of color, Tribal communities, and rural communities.
Authorization of appropriations— There is authorized to be appropriated $3,000,000,000 for fiscal year 2020 to the Secretary of Commerce to carry out this section, to remain available until expended.
Definitions— In this section:
Eligible entity— The term eligible entity means a nonprofit, a for-profit business, an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), a State, local, Tribal, or territorial government, or, with respect to a project described in subsection (d)(3).
Fisherman— The term fisherman means a commercial or for-hire fisherman or an oyster farmer.
Secretary— The term Secretary means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.
83102. Living Shoreline Grant Program
Establishment— The Administrator shall make grants to eligible entities for purposes of—
designing and implementing large- and small-scale, climate-resilient living shoreline projects; and
applying innovative uses of natural materials and systems to protect coastal communities, habitats, and natural system functions.
Project proposals— To be eligible to receive a grant under this section, an eligible entity shall—
submit to the Administrator a proposal for a living shoreline project, including monitoring, data collection, and measurable performance criteria with respect to the project;
demonstrate to the Administrator that the entity has any permits or other authorizations from local, State, and Federal government agencies necessary to carry out the living shoreline project or provide evidence demonstrating general support from such agencies; and
include an outreach or education component that seeks and solicits feedback from the local or regional community most directly affected by the proposal.
Project selection—
Development of criteria— The Administrator shall select eligible entities to receive grants under this section based on criteria developed by the Administrator, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation, the Office for Coastal Management, and the Restoration Center.
Considerations— In developing criteria under paragraph (1) to evaluate a proposed living shoreline project, the Administrator shall take into account—
the potential of the project to protect the community and maintain the viability of the environment, such as through protection of ecosystem functions, environmental benefits, or habitat types, in the area where the project is to be carried out;
the historic and future environmental conditions of the project site, particularly those environmental conditions affected by climate change;
the ecological benefits of the project;
the ability of the entity proposing the project to demonstrate the potential of the project to protect the coastal community where the project is to be carried out, including through—
mitigating the effects of erosion;
attenuating the impact of coastal storms and storm surge;
mitigating shoreline flooding;
mitigating the effects of sea level rise, accelerated land loss, and extreme tides;
sustaining, protecting, or restoring the functions and habitats of coastal ecosystems; or
such other forms of coastal protection as the Administrator considers appropriate; and
the potential of the project to support resiliency at a military installation or community infrastructure supportive of a military installation (as such terms are defined in section 2391 of title 10, United States Code).
Priority— In selecting living shoreline projects to receive grants under this section, the Administrator shall give priority consideration to a proposed project to be conducted in an area—
for which the President has declared, during the 10-year period preceding the submission of the proposal for the project under subsection (b), that a major disaster exists pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) because of a hurricane, tropical storm, coastal storm, or flooding;
that has a documented history of coastal erosion or frequent coastal inundation during that 10-year period; or
which include communities that may not have adequate resources to prepare for or respond to coastal hazards, including low income communities, communities of color, Tribal communities, and rural communities.
Minimum standards—
In general— The Administrator shall develop minimum standards to be used in selecting eligible entities to receive grants under this section, taking into account—
the considerations described in paragraph (2);
the need for such standards to be general enough to accommodate concerns relating to specific project sites; and
the consideration of an established eligible entity program with systems to disburse funding from a single grant to support multiple small-scale projects.
Consultations— In developing standards under subparagraph (A), the Administrator—
shall consult with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation, the Office for Coastal Management, and the Restoration Center; and
may consult with—
relevant interagency councils, such as the Estuary Habitat Restoration Council;
Tribes and Tribal organizations;
State coastal management agencies; and
relevant nongovernmental organizations.
Use of funds— A grant awarded under this section to an eligible entity to carry out a living shoreline project may be used by the eligible entity only—
to carry out the project, including administration, design, permitting, entry into negotiated indirect cost rate agreements, and construction;
to monitor, collect, and report data on the performance (including performance over time) of the project, in accordance with standards issued by the Administrator under subsection (f)(2); and
to incentivize landowners to engage in living shoreline projects.
Cost-Sharing—
In general— Except as provided in paragraph (2), an eligible entity that receives a grant under this section to carry out a living shoreline project shall provide, from non-Federal sources, funds or other resources (such as land or conservation easements or in-kind matching from private entities) valued at not less than 50 percent of the total cost, including administrative costs, of the project.
Reduced matching requirement for certain communities— The Administrator may reduce or waive the matching requirement under paragraph (1) for an eligible entity representing a community or nonprofit organization if—
the eligible entity submits to the Administrator in writing—
a request for such a reduction and the amount of the reduction; and
a justification for why the entity cannot meet the matching requirement; and
the Administrator agrees with the justification.
Monitoring and reporting—
In general— The Administrator shall require each eligible entity receiving a grant under this section (or a representative of the entity) to carry out a living shoreline project—
to transmit to the Administrator data collected under the project;
to monitor the project and to collect data on—
the ecological benefits of the project and the protection provided by the project for the coastal community where the project is carried out, including through—
mitigating the effects of erosion;
attenuating the impact of coastal storms and storm surge;
mitigating shoreline flooding;
mitigating the effects of sea level rise, accelerated land loss, and extreme tides;
sustaining, protecting, or restoring the functions and habitats of coastal ecosystems; or
such other forms of coastal protection as the Administrator considers appropriate; and
the performance of the project in providing such protection;
to make data collected under the project available on a publicly accessible internet website of the National Oceanic and Atmospheric Administration; and
not later than 1 year after the entity receives the grant, and annually thereafter until the completion of the project, to submit to the Administrator a report on—
the measures described in subparagraph (B); and
the effectiveness of the project in increasing protection of the coastal community where the project is carried out through living shorelines techniques, including—
a description of—
the project;
the activities carried out under the project; and
the techniques and materials used in carrying out the project; and
data on the performance of the project in providing protection to that coastal community.
Guidelines— In developing guidelines relating to paragraph (1)(C), the Administrator shall consider how additional data could safely be collected before and after major disasters or severe weather events to measure project performance and project recovery.
Standards—
In general— Not later than 90 days after the date of the enactment of this Act, the Administrator shall, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, relevant interagency councils, and relevant nongovernmental organizations, issue standards for the monitoring, collection, and reporting under subsection (d)(2) of data regarding the performance of living shoreline projects for which grants are awarded under this section.
Reporting— The standards issued under subparagraph (A) shall require an eligible entity receiving a grant under this section to report the data described in that subparagraph to the Administrator on a regular basis.
Authorization of appropriations— There are authorized to be appropriated $50,000,000 to the Administrator for each of fiscal years 2020 through 2025 for purposes of carrying out this section.
Minimum required funds for shoreline projects located within the Great Lakes— The Secretary shall make not less than 10 percent of the funds awarded under this section to projects located in the Great Lakes.
Definitions— In this section:
Administrator— The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration.
Eligible entity— The term eligible entity means any of the following:
A unit of a State or local government.
An organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code.
An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
Living shoreline project— The term living shoreline project—
means a project that—
restores or stabilizes a shoreline, including marshes, wetlands, and other vegetated areas that are part of the shoreline ecosystem, by using natural materials and systems to create buffers to attenuate the impact of coastal storms, currents, flooding, and wave energy and to prevent or minimize shoreline erosion while supporting coastal ecosystems and habitats;
incorporates as many natural elements as possible, such as native wetlands, submerged aquatic plants, corals, oyster shells, native grasses, shrubs, or trees;
utilizes techniques that incorporate ecological and coastal engineering principles in shoreline stabilization; and
to the extent possible, maintains or restores existing natural slopes and connections between uplands and adjacent wetlands or surface waters;
may include the use of—
natural elements, such as sand, wetland plants, logs, oysters or other shellfish, submerged aquatic vegetation, corals, native grasses, shrubs, trees, or coir fiber logs;
project elements that provide ecological benefits to coastal ecosystems and habitats in addition to shoreline protection; and
structural materials, such as stone, concrete, wood, vinyl, oyster domes, or other approved engineered structures in combination with natural materials; and
may include a project that expands upon or restores natural living shorelines or existing living shoreline projects.
State— The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
B Wildlife Corridors Conservation Act
83201. Definitions
In this Act:
Appropriate committees of congress— The term appropriate committees of Congress means—
the Committee on Energy and Natural Resources of the Senate;
the Committee on Environment and Public Works of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Energy and Commerce of the House of Representatives;
the Committee on Natural Resources of the House of Representatives;
the Committee on Appropriations of the House of Representatives; and
in the case of impacts to military installations—
the Committee on Armed Services of the House of Representatives; and
the Committee on Armed Services of the Senate.
Connectivity— The term connectivity means the degree to which the landscape or seascape facilitates native species movement.
Corridor— The term corridor means a feature of the landscape or seascape that—
provides habitat or ecological connectivity; and
allows for native species movement or dispersal.
Database— The term Database means the National Wildlife Corridors Database established under section 83341(a).
Federal land or water— The term Federal land or water means any land or water, or interest in land or water, owned by the United States.
Fund— The term Fund means the Wildlife Corridors Stewardship Fund established by section 83401(a).
Habitat— The term habitat means land, water, and substrate occupied at any time during the life cycle of a native species that is necessary, with respect to the native species, for spawning, breeding, feeding, growth to maturity, or migration.
Indian land— The term Indian land means land of an Indian Tribe, or an Indian individual, that is—
held in trust by the United States; or
subject to a restriction against alienation imposed by the United States.
Indian Tribe— The term Indian Tribe has the meaning given the term “Indian tribe” in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
National coordination committee— The term National Coordination Committee means the National Coordination Committee established under section 83332(a).
National wildlife corridor— The term National Wildlife Corridor means any Federal land or water designated as a National Wildlife Corridor under section 83211(a).
National wildlife corridor system— The term National Wildlife Corridor System means the system of National Wildlife Corridors established by section 83211(a).
Native species— The term native species means—
a fish, wildlife, or plant species that is or was historically present in a particular ecosystem as a result of natural migratory or evolutionary processes, including subspecies and plant varieties; or
a migratory bird species that is native to the United States or its territories (as defined in section 2(b) of the Migratory Bird Treaty Act (16 U.S.C. 703(b))).
Regional ocean partnership— The term regional ocean partnership means a regional organization of coastal or Great Lakes States, territories, or possessions voluntarily convened by Governors to address cross-jurisdictional ocean matters, or the functional equivalent of such a regional ocean organization designated by the Governor or Governors of a State or States.
Regional wildlife movement council— The term regional wildlife movement council means a regional wildlife movement council established under section 83333(a).
Secretaries— The term Secretaries means—
the Secretary of Agriculture, acting through the Chief of the Forest Service, concerning land contained within the National Forest System;
the Secretary of Commerce;
the Secretary of Defense;
the Secretary of the Interior; and
the Secretary of Transportation.
Secretary— The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
Tribal wildlife corridor— The term Tribal Wildlife Corridor means a corridor established by the Secretary under section 83321(a)(1)(C).
United states— The term United States, when used in a geographical sense, means—
a State;
the District of Columbia;
the Commonwealth of Puerto Rico;
Guam;
American Samoa;
the Commonwealth of the Northern Mariana Islands;
the Federated States of Micronesia;
the Republic of the Marshall Islands;
the Republic of Palau;
the United States Virgin Islands; and
the territorial sea (within the meaning of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)) and the exclusive economic zone (as defined in section 3 of that Act (16 U.S.C. 1802)) within the jurisdiction or sovereignty of the Federal Government.
Wildlife movement— The term wildlife movement means the passage of individual members or populations of a fish, wildlife, or plant species across a landscape or seascape.
Military installation— The term military installation has the meaning given the term in section 100 of the Sikes Act (16 U.S.C. 670), and also includes military off-shore range complexes and off-shore operating areas.
1 National Wildlife Corridor System on Federal Land and Water
83211. National wildlife corridors
Establishment— There is established a system of corridors on Federal land and water, to be known as the “National Wildlife Corridor System”, which shall consist of National Wildlife Corridors designated as part of the National Wildlife Corridor System by—
statute;
rulemaking under section 83212; or
a land management plan developed or revised under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
Strategy— Not later than 18 months after the date of enactment of this Act, the Secretary shall develop a strategy for the effective development of the National Wildlife Corridor System—
to support the fulfillment of the purposes described in section 83212(b);
to ensure coordination and consistency across Federal agencies in the development, implementation, and management of National Wildlife Corridors; and
to develop a timeline for the implementation of National Wildlife Corridors.
83212. Administrative designation of national wildlife corridors
Rulemaking—
National wildlife corridors— Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretaries, pursuant to the land, water, and resource management planning and conservation authorities of the Secretaries, shall establish a process, by regulation, for the designation and management of National Wildlife Corridors on Federal land or water under the respective jurisdictions of the Secretaries. Where a National Wildlife Corridor crosses federal land or water under the jurisdiction of several secretaries, then the Secretary must obtain concurrence from the applicable Secretaries before a National Wildlife Corridor may be designated.
Federal land and water management— The Secretaries shall consider the designation of National Wildlife Corridors in any process relating to the issuance, revision, or modification of a management plan for land or water under the respective jurisdiction of the Secretaries insofar as a corridor is consistent with the purpose of the plan.
Criteria for designation— The regulations promulgated by the Secretary under subsection (a)(1) shall ensure that, in designating a National Wildlife Corridor, the Secretaries—
base the designation of the National Wildlife Corridor on—
coordination with existing—
National Wildlife Corridors;
corridors established by States; and
Tribal Wildlife Corridors; and
the best available science of—
existing native species habitat; and
likely future native species habitats;
determine that the National Wildlife Corridor supports the connectivity, persistence, resilience, and adaptability of the native species for which it has been designated by providing for—
dispersal and genetic exchange between populations;
range shifting, range expansion, or range restoration, such as in response to climate change;
seasonal movement or migration; or
succession, movement, or recolonization following—
a disturbance, such as fire, flood, drought, or infestation; or
population decline or previous extirpation;
consult the Database; and
consider recommendations from the National Coordination Committee under section 83332(e)(2)(C).
Designation of federal land or water requiring restoration or connection of habitat— The Secretaries may designate as a National Wildlife Corridor land or water that—
is necessary for the natural movements of one or more native species;
requires restoration, including—
land or water that is degraded; and
land or water from which a species is currently absent—
but may be colonized or recolonized by the species naturally; or
to which the species may be reintroduced or restored based on habitat changes; and
is fragmented or consists of only a portion of the habitat required for the connectivity needs of one or more native species.
Nomination for designation—
In general— In establishing the process for designation under subsection (a)(1), the Secretary shall include procedures under which—
any State, Tribal, or local government, or a nongovernmental organization engaged in the conservation of native species and the improvement of the habitats of native species, may submit to the Secretaries a nomination to designate as a National Wildlife Corridor an area under the respective jurisdiction of the Secretaries; and
the Secretaries shall consider and, not later than 1 year after the date on which the nomination was submitted under subparagraph (A), respond to any nomination submitted under that subparagraph.
Supporting documentation— A nomination for designation under paragraph (1)(A) shall include supporting documentation, including—
the native species for which the National Wildlife Corridor would be designated;
summaries and references of, with respect to the designation of a National Wildlife Corridor—
the best science available at the time of the submission of the nomination for designation documenting why the corridor is needed; and
the most current scientific reports available at the time of the submission of the nomination for designation;
information with respect to how the nomination was coordinated with potential partners;
a description of supporting stakeholders, such as States, Indian Tribes, local governments, scientific organizations, nongovernmental organizations, and affected voluntary private landowners; and
any additional information the Secretaries, in consultation with the National Coordination Committee, determine is relevant to the nomination.
Designation on military land—
In general— Any designation of a National Wildlife Corridor on a military installation—
shall be consistent with the use of military installations and State-owned National Guard installations to ensure the preparedness of the Armed Forces; and
may not result in a net loss in the capability of military installation lands to support the military mission of the installation.
Suspension or termination of designation— The Secretary of Defense may suspend or terminate the designation of any National Wildlife Corridor on a military installation if the Secretary of Defense considers the suspension or termination to be necessary for military purposes, after public notice of the suspension or termination.
83213. Management of national wildlife corridors
In general— The Secretaries shall, consistent with other applicable Federal land and water management requirements, laws, and regulations, manage each National Wildlife Corridor under the respective administrative jurisdiction of the Secretaries in a manner that contributes to the long-term connectivity, persistence, resilience, and adaptability of native species for which the National Wildlife Corridor is identified, including through—
the maintenance and improvement of habitat connectivity within the National Wildlife Corridor;
the implementation of strategies and activities that enhance the ability of native species to respond to climate change and other environmental factors;
the maintenance or restoration of the integrity and functionality of the National Wildlife Corridor;
the mitigation or removal of human infrastructure that obstructs the natural movement of native species; and
the use of existing conservation programs, including Tribal Wildlife Corridors, under the respective jurisdiction of the Secretaries to contribute to the connectivity, persistence, resilience, and adaptability of native species.
National wildlife corridors spanning multiple jurisdictions— In the case of a National Wildlife Corridor that spans the administrative jurisdiction of two or more of the Secretaries, the relevant Secretaries shall coordinate management of the National Wildlife Corridor in accordance with section 83311(b) to advance the purposes described in section 83211(b).
Road mitigation— In the case of a National Wildlife Corridor that intersects, adjoins, or crosses a new or existing State, Tribal, or local road or highway, the relevant Secretaries shall coordinate with the Secretary of Transportation and State, Tribal, and local transportation agencies, as appropriate, to identify and implement voluntary environmental mitigation measures—
to improve public safety and reduce vehicle caused native species mortality while maintaining habitat connectivity; and
to mitigate damage to the natural movements of native species through strategies such as—
the construction, maintenance, or replacement of native species underpasses, overpasses, and culverts; and
the maintenance, replacement, or removal of dams, bridges, culverts, and other hydrological obstructions.
Compatible uses— A use of Federal land or water that was authorized before the date on which the Federal land or water is designated as a National Wildlife Corridor may continue if the applicable Secretaries determine that the use is compatible with the wildlife movements of the species for which the National Wildlife Corridor was designated, consistent with applicable Federal laws and regulations.
2 Wildlife Corridors Conservation
A National Wildlife Corridor System on Federal land and water
83311. Collaboration and coordination
Collaboration— The Secretaries may partner with and provide funds to States, local governments, Indian Tribes, the National Coordination Committee, voluntary private landowners, and the regional wildlife movement councils to support the purposes described in section 83211(b).
Coordination— To the maximum extent practicable and consistent with applicable law, the Secretary or Secretaries, as applicable, shall develop the strategy under section 83211(b), designate National Wildlife Corridors under section 83212, and manage National Wildlife Corridors under section 83213—
in consultation and coordination with—
other relevant Federal agencies;
States, including—
State fish and wildlife agencies; and
other State agencies responsible for managing the natural resources and wildlife;
Indian Tribes;
units of local government;
other interested stakeholders identified by the Secretary, including applicable voluntary private landowners;
landscape- and seascape-scale partnerships, including—
the National Fish Habitat Partnership;
the National Marine Fisheries Service;
regional fishery management councils established under section 302(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a));
relevant regional ocean partnerships;
the Climate Science Centers of the Department of the Interior; and
the Landscape Conservation Cooperative Network;
the National Coordination Committee; and
the regional wildlife movement councils.
83312. Effect
Relationship to other conservation laws— Nothing in this chapter amends or otherwise affects any other law (including regulations) relating to the conservation of native species.
Jurisdiction of States and Indian Tribes— Nothing in this chapter or an amendment made by this chapter affects the jurisdiction of a State or an Indian Tribe with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in a National Wildlife Corridor or a Tribal Wildlife Corridor.
B Tribal Wildlife Corridors
83321. Tribal Wildlife Corridors
Establishment—
In general—
Nominations— An Indian Tribe may nominate a corridor within Indian land of the Indian Tribe as a Tribal Wildlife Corridor by submitting to the Secretary, in consultation with the Director of the Bureau of Indian Affairs (referred to in this section as the Secretary), an application at such time, in such manner, and containing such information as the Secretary may require.
Determination— Not later than 90 days after the date on which the Secretary receives an application under subparagraph (A), the Secretary shall determine whether the nominated Tribal Wildlife Corridor described in the application meets the criteria established under paragraph (2).
Publication— On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor.
Criteria—
In general— Not later than 18 months after the date of enactment of this Act, the Secretary shall establish criteria for determining whether a corridor nominated by an Indian Tribe under paragraph (1)(A) qualifies as a Tribal Wildlife Corridor.
Inclusions— The criteria established under subparagraph (A) shall include, at a minimum, the following:
The restoration of historical habitat for the purposes of facilitating connectivity.
The management of land for the purposes of facilitating connectivity.
The management of land to prevent the imposition of barriers that may hinder current or future connectivity.
Removal—
In general— An Indian Tribe may elect to remove the designation of a Tribal Wildlife Corridor on the Indian land of the Indian Tribe by notifying the Secretary.
Effect of removal— An Indian Tribe that elects to remove a designation under subparagraph (A) may not receive assistance under subsection (c) or (d)(1) or section 83331.
Coordination of land use plans— Section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended—
in subsection (b)—
by striking “Indian tribes by” and inserting the following:
“(1) by”
in paragraph (1) (as so designated), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(2) for the purposes of determining whether the land use plans for land in the National Forest System would provide additional connectivity to benefit the purposes of a Tribal Wildlife Corridor established under section 83321(a)(1) of the Wildlife Corridors Conservation Act of 2020.”
by adding at the end the following:
“(g) Tribal Wildlife Corridors—On the establishment of a Tribal Wildlife Corridor under section 83321(a)(1) of the Wildlife Corridors Conservation Act of 2020, the Secretary shall conduct a meaningful consultation with the Indian tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of one or more existing land use plans, the Tribal Wildlife Corridor can—
“(1) be expanded into public lands; or
“(2) otherwise benefit connectivity (as defined in section 83201 of that Act) between public lands and the Tribal Wildlife Corridor.”
Technical assistance— The Secretary shall provide to Indian Tribes technical assistance relating to the establishment, management, and expansion of a Tribal Wildlife Corridor, including assistance with accessing wildlife data and working with voluntary private landowners to access Federal and State programs to improve wildlife habitat and connectivity on non-Federal land.
Availability of assistance— An Indian Tribe that has a Tribal Wildlife Corridor established on the Indian land of the Indian Tribe shall be eligible for a grant under the wildlife movements grant program under section 83331, subject to other applicable requirements of that grant program.
Savings clause— Nothing in this section authorizes or affects the use of private property or Indian land.
83322. Protection of Indian Tribes
Federal trust responsibility— Nothing in this chapter amends, alters, or waives the Federal trust responsibility to Indian Tribes.
Freedom of Information Act—
Exemption— Information described in paragraph (2) shall not be subject to disclosure under section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”), if the head of the agency that receives the information, in consultation with the Secretary and the affected Indian Tribe, determines that disclosure may—
cause a significant invasion of privacy;
risk harm to human remains or resources, cultural items, uses, or activities; or
impede the use of a traditional religious site by practitioners.
Information described— Information referred to in paragraph (1) is information received by a Federal agency—
pursuant to this chapter relating to—
the location, character, or ownership of human remains of a person of Indian ancestry; or
resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long-established significance or ceremonial nature to the Indian Tribe; or
pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).
C Wildlife movement grant program on non-Federal land and water
83331. Wildlife movements grant program
In general— The Secretary shall establish a wildlife movements grant program (referred to in this section as the “grant program”) to encourage wildlife movement in accordance with this subsection.
Grants— Beginning not later than 2 years after the date of enactment of this Act, the Secretary, based on recommendations from the National Coordination Committee under section 83332(e)(2)(C), shall make grants to one or more projects that—
are a regional priority project identified by a regional wildlife movement council;
satisfy the purposes described in section 83211(b); and
increase connectivity for native species.
Eligible recipients— A person that is eligible to receive a grant under the grant program is—
a voluntary private landowner or group of landowners;
a State fish and wildlife agency or other State agency responsible for managing natural resources and wildlife;
an Indian Tribe;
a unit of local government;
an agricultural cooperative;
water, irrigation, or rural water districts or associations, or other organizations with water delivery authority (including acequias and land grant communities in the State of New Mexico);
institutions of higher education;
an entity approved for a grant by a regional wildlife movement council; and
any group of entities described in paragraphs (1) through (8).
Requirements— In administering the grant program, the Secretary shall use the criteria, guidelines, contracts, reporting requirements, and evaluation metrics developed by the National Coordination Committee under subparagraphs (A) and (B) of section 83332(e)(2).
83332. National Coordination Committee
Establishment— Not later than 18 months after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the “National Coordination Committee”.
Administrative support— The Secretary shall provide administrative support for the National Coordination Committee.
Membership— The National Coordination Committee shall be composed of—
the Secretary (or a designee);
the Secretary of Transportation (or a designee);
the Secretary of Agriculture (or a designee);
the Secretary of Commerce (or a designee);
the Secretary of Defense (or a designee);
the Director of the Bureau of Indian Affairs (or a designee);
the Executive Director of the Association of Fish and Wildlife Agencies (or a designee);
two representatives of intertribal organizations, to be appointed by the Secretary;
the chairperson of each regional wildlife movement council (or a designee); and
not more than three representatives of nongovernmental, science, or academic organizations with expertise in wildlife conservation and habitat connectivity, to be appointed by the Secretary in a manner that ensures that the membership of the National Coordination Committee is fair and balanced.
Chairperson— The National Coordination Committee shall select a Chairperson and Vice Chairperson from among the members of the National Coordination Committee.
Duties— The National Coordination Committee—
shall establish standards for regional wildlife movement plans to allow for better cross-regional collaboration; and
shall, with respect to the wildlife movements grant program under section 83331—
establish criteria and develop guidelines for the solicitation of applications for grants by regional wildlife movement councils;
develop standardized contracts, reporting requirements, and evaluation metrics for grant recipients; and
make recommendations annually to the Secretary for the selection of grant recipients on the basis of the ranked lists of regional priority projects received from the regional wildlife movement councils under section 83333(c)(4) that are consistent with the purposes described in section 83211(b).
Applicability of FACA— Except as otherwise provided in this section, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the National Coordination Committee.
83333. Regional wildlife movement councils
Establishment— Not later than 1 year after the date of enactment of this Act, the Secretary shall establish not less than 4 regional wildlife movement councils with separate geographic jurisdictions that encompass the entire United States.
Membership—
In general— Each regional wildlife movement council shall be composed of—
the director of each State fish and wildlife agency within the jurisdiction of the regional wildlife movement council (or a designee);
balanced representation from Tribal governments within the jurisdiction of the regional wildlife movement council;
to serve as a Federal agency liaison and nonvoting, ex officio member—
the Director of the United States Fish and Wildlife Service (or a designee); or
the director of any applicable regional office of the United States Fish and Wildlife Service (or a designee);
not more than three representatives of nongovernmental, science, or academic organizations with expertise in native species conservation and the habitat connectivity needs of the region covered by the regional wildlife movement council; and
not more than three voluntary representatives of private landowners with property in the applicable region, not less than one of whom shall be a farmer or rancher.
Requirements—
Membership— The Secretary shall ensure that the membership of each regional wildlife movement council is fair and balanced in terms of expertise and perspectives represented.
Expertise— Each regional wildlife movement council shall include experts in ecological connectivity, native species ecology, and ecological adaptation.
Chairperson— Each regional wildlife movement council shall select a Chairperson from among the members of the regional wildlife movement council.
Duties— Each regional wildlife movement council shall—
not later than 2 years after the date of establishment of the regional wildlife movement council and in accordance with any standards established by the National Coordination Committee, prepare and submit to the Secretary and the National Coordination Committee a regional wildlife movement plan that maintains natural wildlife movement by identifying research priorities and data needs for the Database that is revised, amended, or updated not less frequently than once every 5 years;
provide for public engagement, including engagement of Indian Tribes, at appropriate times and in appropriate locations in the region covered by the regional wildlife movement council, to allow all interested persons an opportunity to be heard in the development and implementation of a regional wildlife movement plan under paragraph (1);
solicit applications for wildlife movement grants under section 83331 in accordance with the criteria and guidelines established by the National Coordination Council under section 83332(e)(2)(A);
in accordance with the criteria and guidelines established under section 83332(e)(2)(A), submit to the National Coordination Committee an annual list of regional priority projects, in ranked order, for wildlife movements grants under section 83331 to maintain wildlife movements in the area under the jurisdiction of the regional wildlife movement council; and
submit to the Secretary and the National Coordination Committee, and make publicly available, an annual report describing the activities of the regional wildlife movement council.
Coordination— If applicable, to increase habitat connectivity between designated Federal land and water and non-Federal land and water, a regional wildlife movement council shall coordinate with—
Federal agencies;
Indian Tribes;
regional fishery management councils established under section 302(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a));
migratory bird joint ventures partnerships recognized by the United States Fish and Wildlife Service with respect to migratory bird species;
State fish and wildlife agencies;
regional associations of fish and wildlife agencies;
nongovernmental organizations;
applicable voluntary private landowners;
the National Coordination Committee;
fish habitat partnerships;
other regional wildlife movement councils with respect to crossregional projects;
international wildlife management entities with respect to transboundary species in accordance with trade policies of the United States; and
Federal and State transportation agencies.
Applicability of FACA— Except as otherwise provided in this section, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the regional wildlife movement councils.
D National Wildlife Corridors Database
83341. National wildlife corridors database
In general— Not later than 18 months after the date of enactment of this Act, the Director of the United States Geological Survey (referred to in this section as the “Director”), in consultation with the National Coordination Committee and the regional wildlife movement councils, shall establish a database, to be known as the “National Wildlife Corridors Database”.
Contents—
In general— The Database shall—
include maps, data, models, surveys, and descriptions of native species habitats, wildlife movements, and corridors that have been developed by Federal agencies that pertain to Federal land and water;
include maps, models, analyses, and descriptions of projected shifts in habitats, wildlife movements, and corridors of native species in response to climate change or other environmental factors;
reflect the best scientific data and information available; and
in accordance with the requirements of the Geospatial Data Act of 2018 (Public Law 115–254), have the data, models, and analyses included in the Database available at scales useful to State, Tribal, local, and Federal agency decisionmakers and the public.
Requirements— Subject to subsection (d), the Director, in collaboration with the National Coordination Committee, the regional wildlife movement councils, and the Administrator of the National Oceanic and Atmospheric Administration, shall—
design the Database to support State, Tribal, local, voluntary private landowner, and Federal agency decisionmakers and the public with data that will allow those entities—
to prioritize and target natural resource adaptation strategies and enhance existing State and Tribal corridor protections;
to assess the impacts of proposed energy, water, transportation, and transmission projects, and other development activities, and to avoid, minimize, and mitigate the impacts of those projects and activities on National Wildlife Corridors;
to assess the impact of new and existing development on native species habitats and National Wildlife Corridors; and
to develop strategies that promote habitat connectivity to allow native species to move—
to meet biological and ecological needs;
to adjust to shifts in habitat; and
to adapt to climate change;
establish a coordination process among Federal agencies to update maps and other information with respect to landscapes, seascapes, native species habitats and ranges, habitat connectivity, National Wildlife Corridors, and wildlife movement changes as information based on new scientific data becomes available; and
not later than 5 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, develop, submit a report to the Secretary and the appropriate committees of Congress, and make publicly available a report, that, with respect to the Database—
outlines the categories for data that may be included in the Database;
outlines the data protocols and standards for each category of data in the Database;
identifies gaps in native species habitat and National Wildlife Corridor information;
prioritizes research and future data collection activities for use in updating the Database; and
evaluates and quantifies the efficacy of the Database to meet the needs of the entities described in paragraph (1).
Proprietary interests and protected information— In developing the Database, the Director shall—
as applicable, protect proprietary interests with respect to any licensed information, licensed data, and other items contained in the Database; and
protect information in the Database with respect to the habitats and ranges of specific native species to prevent poaching, illegal taking and trapping, and other related threats to native species.
3 Funding
83401. Wildlife corridors stewardship fund
Establishment and contents— There is established in the Treasury a fund, to be known as the “Wildlife Corridors Stewardship Fund”, that consists of donations of amounts accepted under subsection (c).
Use— The Fund—
shall be administered by the Secretary and the National Fish and Wildlife Foundation, acting jointly; and
may be used by the National Fish and Wildlife Foundation to enhance the management and protection of National Wildlife Corridors by providing financial assistance to the Federal Government, Indian Tribes, and nongovernmental, science, and academic organizations.
Donations— The National Fish and Wildlife Foundation may solicit and accept donations of amounts for deposit into the Fund.
Coordination— In administering the Fund, the Secretary and the National Fish and Wildlife Foundation may coordinate with regional wildlife movement councils, regional ocean partnerships, and the National Coordination Committee to the maximum extent practicable.
Disclosure of use— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary and the National Fish and Wildlife Foundation shall make publicly available a description of usage of the Fund during the preceding calendar year.
83402. Authorization of appropriations
National wildlife corridor system— There are authorized to be appropriated to carry out title I for fiscal year 2020 and each fiscal year thereafter—
to the Secretary, $7,500,000;
to the Secretary of Agriculture, $3,000,000;
to the Secretary of Defense, $1,500,000;
to the Secretary of Commerce, $3,000,000; and
to the Secretary of Transportation, $3,000,000.
Tribal wildlife corridors— There is authorized to be appropriated to carry out title II $5,000,000 for fiscal year 2020 and each fiscal year thereafter.
Wildlife movements grant program and regional wildlife movement councils—
Wildlife movement grant program—
In general— There is authorized to be appropriated to the Secretary to carry out the wildlife movements grant program under section 83331 $50,000,000 for fiscal year 2022 and each fiscal year thereafter.
Requirements— Amounts appropriated under subparagraph (A) may be used to complement or match other Federal or non-Federal funding received by the projects funded by those grants.
Administrative support— Not more than 5 percent of amounts appropriated under subparagraph (A) may be used for administrative support.
Regional wildlife movement councils—
In general— There is authorized to be appropriated to the Secretary to provide support for the regional wildlife movement councils to carry out section 83333 $1,000,000 for fiscal year 2020 and each fiscal year thereafter.
Equal division— Amounts appropriated under subparagraph (A) shall be proportionally divided between each regional wildlife movement council.
National wildlife corridors database— There are authorized to be appropriated to the Secretary to carry out section 83341—
$3,000,000 for fiscal year 2020; and
$1,500,000 for fiscal year 2021 and each fiscal year thereafter.
4
A Natural Infrastructure for Wildlife Conservation and Restoration
83511. Short title
This subchapter may be cited as the “Recovering America’s Wildlife Act”.
83512. Wildlife Conservation and Restoration Subaccount
In general— Section 3 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b) is amended—
in subsection (a), by striking “$50,000,000 in fiscal year 2001” in paragraph (2) and inserting “$1,397,000,000 in fiscal years 2021 through 2025”; and
in subsection (c), by redesignating paragraphs (2) and (3) as paragraphs (9) and (10); and
in subsection (c), by striking paragraph (1) and inserting the following:
“(1) Establishment of subaccount
“(A) In general—There is established in the fund a subaccount to be known as the “Wildlife Conservation and Restoration Subaccount” (referred to in this section as the “Subaccount”).
“(B) Availability—Amounts in the Subaccount shall be available upon appropriation, for each fiscal year, for apportionment in accordance with this Act.
“(C) Deposits into subaccount—For fiscal years 2021 through 2025, the Secretary of the Treasury shall transfer $1,300,000,000 upon appropriation from the general fund of the treasury each fiscal year to the fund for deposit in the Subaccount.
“(2) Supplement not supplant—Amounts transferred to the Subaccount shall supplement, but not replace, existing funds available to the States from—
“(A) the funds distributed pursuant to the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.); and
“(B) the fund.
“(3) Innovation grants
“(A) In general—The Secretary shall distribute 10 percent of funds from the Subaccount through a competitive grant program to State fish and wildlife departments, the District of Columbia fish and wildlife department, fish and wildlife departments of territories, or to regional associations of fish and wildlife departments (or any group composed of more than 1 such entity).
“(B) Purpose—Such grants shall be provided for the purpose of catalyzing innovation of techniques, tools, strategies, or collaborative partnerships that accelerate, expand, or replicate effective and measurable recovery efforts for species of greatest conservation need and species listed under the Endangered Species Act of 1973 (15 U.S.C. 1531 et seq.) and the habitats of such species.
“(C) Review committee—The Secretary shall appoint a review committee comprised of—
“(i) a State Director from each regional association of State fish and wildlife departments;
“(ii) the head of a department responsible for fish and wildlife management in a territory; and
“(iii) four individuals representing four different nonprofit organizations each of which is actively participating in carrying out wildlife conservation restoration activities using funds apportioned from the Subaccount.
“(D) Support from united states fish and wildlife service—The United States Fish and Wildlife Service shall provide any personnel or administrative support services necessary for such Committee to carry out its responsibilities under this Act.
“(E) Evaluation—Such committee shall evaluate each proposal submitted under this paragraph and recommend projects for funding. The committee shall give preference to solutions that accelerate the recovery of species identified as priorities through regional scientific assessments of species of greatest conservation need.
“(4) Use of funds—Funds apportioned from the Subaccount—
“(A) shall be used to implement the Wildlife Conservation Strategy of a State, territory, or the District of Columbia, as required under 16 U.S.C. 669c(d), by carrying out, revising, or enhancing existing wildlife and habitat conservation and restoration programs and developing and implementing new wildlife conservation, restoration, and natural infrastructure resilience programs and partnerships to recover and manage species of greatest conservation need and the key habitats and plant community types essential to the conservation of those species as determined by the appropriate State fish and wildlife department;
“(B) shall be used to develop, revise, and enhance the Wildlife Conservation Strategy of a State, territory, or the District of Columbia, as may be required by this Act;
“(C) shall be used to assist in the recovery of species found in the State, territory, or the District of Columbia that are listed as endangered species, threatened species, candidate species or species proposed for listing, or species petitioned for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or under State law;
“(D) may be used for wildlife conservation education and wildlife-associated recreation projects and infrastructure, especially in historically underserved communities;
“(E) may be used to manage a species of greatest conservation need whose range is shared with another State, territory, Indian Tribe, or foreign government and for the conservation of the habitat of such species;
“(F) may be used to manage, control, and prevent invasive species, disease, and other risks to species of greatest conservation need; and
“(G) may be used for law enforcement activities that are directly related to the protection and conservation of a species of greatest conservation need and the habitat of such species.
“(5) Minimum required spending for endangered species recovery—Not less than an average of 15 percent over a 5-year period of amounts apportioned to a State, territory, or the District of Columbia from the Subaccount shall be used for purposes described in paragraph (4)(C). The Secretary may reduce the minimum requirement of a State, territory, or the District of Columbia on an annual basis if the Secretary determines that the State, territory, or the District of Columbia is meeting the conservation and recovery needs of all species described in paragraph (4)(C).
“(6) Public access to private lands not required—Funds apportioned from the Subaccount shall not be conditioned upon the provision of public access to private lands, waters, or holdings.
“(7) Requirements for matching funds
“(A) For the purposes of the non-Federal fund matching requirement for a wildlife conservation or restoration program or project funded by the Subaccount, a State, territory, or the District of Columbia may use as matching non-Federal funds—
“(i) funds from Federal agencies other than the Department of the Interior and the Department of Agriculture;
“(ii) donated private lands and waters, including privately owned easements;
“(iii) in circumstances described in subparagraph (B), revenue generated through the sale of State hunting and fishing licenses; and
“(iv) other sources consistent with part 80 of title 50, Code of Federal Regulations, in effect on the date of enactment of the Recovering America’s Wildlife Act of 2019.
“(B) Revenue described in subparagraph (A)(iii) may only be used to fulfill the requirements of such non-Federal fund matching requirement if—
“(i) no Federal funds apportioned to the State fish and wildlife department of such State from the Wildlife Restoration Program or the Sport Fish Restoration Program have been reverted because of a failure to fulfill such non-Federal fund matching requirement by such State during the previous 2 years; and
“(ii) the project or program being funded benefits the habitat of a hunted or fished species and a species of greatest conservation need.
“(C) No State, territory or the District of Columbia shall be required to provide non-Federal matching funds for this program through fiscal year 2025.
“(8) Definitions—In this subsection, the following definitions apply:
“(A) Species of greatest conservation need—The term “species of greatest conservation need” may be fauna or flora, and may include terrestrial, aquatic, marine, and invertebrate species that are of low population, declining, rare, or facing threats and in need of conservation attention, as determined by each State fish and wildlife department, with respect to funds apportioned to such State.
“(B) Partnerships—The term “partnerships” may include, but are not limited to, collaborative efforts with Federal agencies, State agencies, local agencies, Indian Tribes, nonprofit organizations, academic institutions, industry groups, and private individuals to implement a State’s Wildlife Conservation Strategy.
“(C) Territory and territories—The terms “territory” and “territories” mean the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.
“(D) Wildlife—The term “wildlife” means any species of wild, freeranging fauna, including fish, and also any fauna in captive breeding programs the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range.”
Allocation and apportionment of available amounts— Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended—
by redesignating the second subsection (c), relating to the apportionment of the Wildlife Conservation and Restoration Account, and subsection (d) as subsections (d) and (e) respectively;
in subsection (d), as redesignated—
in paragraph (1)—
in subparagraph (A), by striking “to the District of Columbia and to the Commonwealth of Puerto Rico, each” and inserting “To the District of Columbia”;
in subparagraph (B), by striking “to Guam” and inserting “To Guam”;
in subparagraph (B), by striking “not more than one-fourth of one percent” and inserting “not less than one-third of one percent”; and
by adding at the end the following:
“(C) To the Commonwealth of Puerto Rico, a sum equal to not less than 1 percent thereof.”
in paragraph (2)(A), as redesignated—
by amending clause (i) to read as follows:
“(i) one-half of which is based on the ratio to which the land and water area of such State bears to the total land and water area of all such States;”
in clause (ii), by striking “two-thirds” and inserting “one-quarter”; and
by adding at the end the following:
“(iii) one-quarter of which is based upon the ratio to which the number of species listed as endangered or threatened under the Endangered Species Act of 1973 (15 U.S.C. 1531 et seq.) in such State bears to the total number of such species listed in all such States.”
by amending paragraph (2)(B) to read as follows:
“(B) The amounts apportioned under this paragraph shall be adjusted equitably so that no such State, unless otherwise designated, shall be apportioned a sum which is less than 1 percent or more than 5 percent of the amount available for apportionment under—
“(i) paragraph (2)(A)(i) of this section;
“(ii) paragraph (2)(A)(ii) of this section; and
“(iii) the overall amount available for section (2)(A).
“(C) States that include plants among their species of greatest conservation need and in the conservation planning and habitat prioritization efforts of their Wildlife Conservation Strategy shall receive an additional 5 percent of their apportioned amount.”
in paragraph (3), by striking “3 percent” and inserting “1.85 percent”;
by amending subsection (e)(4)(B), as redesignated, to read as follows:
“(B) Not more than an average of 15 percent over a 5-year period of amounts apportioned to each State under this section for a State’s wildlife conservation and restoration program may be used for wildlife conservation education and wildlife-associated recreation.”
by adding at the end following:
“(f) Minimization of planning and reporting—Nothing in this Act shall be interpreted to require a State to create a comprehensive strategy related to conservation education or outdoor recreation.
“(g) Accountability—Not more than 1 year after the date of enactment of the Recovering America’s Wildlife Act of 2019 and every 3 years thereafter, each State fish and wildlife department shall submit a 3-year work plan and budget for implementing its Wildlife Conservation Strategy and a report describing the results derived from activities accomplished under paragraph (4) during the previous 3 years to—
“(1) the Committee on Environment and Public Works of the Senate;
“(2) the Committee on Natural Resources of the House of Representatives; and
“(3) the United States Fish and Wildlife Service.”
83513. Technical amendments
Definitions— Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended—
by striking paragraph (5);
by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively; and
in paragraph (6), as redesignated by paragraph (2), by inserting “Indian Tribes, academic institutions,” before “wildlife conservation organizations”.
Conforming amendments— The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a et seq.) is amended—
in section 3—
in subsection (a)—
by striking “(1) An amount equal to” and inserting “An amount equal to”; and
by striking paragraph (2);
in subsection (c)—
in paragraph (9), as redesignated by section 101(a)(1), by striking “or an Indian tribe”; and
in paragraph (10), as redesignated by section 101(a)(1), by striking “Wildlife Conservation and Restoration Account” and inserting “Subaccount”; and
in subsection (d), by striking “Wildlife Conservation and Restoration Account” and inserting “Subaccount”;
in section 4 (16 U.S.C. 669c)—
in subsection (d), as redesignated—
in the heading, by striking “Account” and inserting “Subaccount”; and
by striking “Account” each place it appears and inserting “Subaccount”; and
in subsection (e)(1), as redesignated, by striking “Account” and inserting “Subaccount”; and
in section 8 (16 U.S.C. 669g), in subsection (a), by striking “Account” and inserting “Subaccount”.
83514. Savings clause
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) is amended—
by redesignating section 13 as section 15; and
by inserting after section 12 the following:
“13. Savings clause
“Nothing in this Act shall be construed to enlarge or diminish the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the law and regulations of the State on lands and waters within the State, including on Federal lands and waters.
“14. Statutory construction with respect to Alaska
“If any conflict arises between any provision of this Act and any provision of the Alaska National Interest Lands Conservation Act (Public Law 46–487, 16 U.S.C. 3101 et seq.), then the provision in the Alaska National Interest Lands Conservation Act shall prevail.”
B Natural Infrastructure for Tribal Wildlife Conservation and Restoration
83521. Indian Tribes
Definitions— In this section—
Account— The term “Account” means the Tribal Wildlife Conservation and Restoration Account established by subsection (c)(1).
Indian tribe— The term “Indian Tribe” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Secretary— The term “Secretary” means the Secretary of the Interior.
Tribal species of greatest conservation need— The term “Tribal species of greatest conservation need” means any species identified by an Indian Tribe as requiring conservation management because of declining population, habitat loss, or other threats, or because of their biological or cultural importance to such Tribe.
Wildlife— The term “wildlife” means—
any species of wild flora or fauna including fish and marine mammals;
flora or fauna in a captive breeding, rehabilitation, and holding or quarantine program, the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range or to maintain a species for conservation purposes; and
does not include game farm animals.
Tribal wildlife conservation and restoration account—
In general— There is established in the Treasury an account to be known as the “Tribal Wildlife Conservation and Restoration Account”.
Availability— Amounts in the Account shall be available for each fiscal year upon appropriation for apportionment in accordance with this title.
Deposits— For fiscal year 2021 through 2025, the Secretary of the Treasury shall transfer $97,500,000 upon appropriation to the Account.
Distribution of funds to indian tribes— Each fiscal year, the Secretary of the Treasury shall deposit funds into the Account and distribute such funds through a noncompetitive application process according to guidelines, and criteria, and reporting requirements determined by the Secretary of the Interior, acting through the Director of the Bureau of Indian Affairs, in consultation with Indian Tribes. Such funds shall remain available until expended.
Wildlife management responsibilities— The distribution guidelines and criteria described in subsection (d) shall be based, in part, upon Indian Tribes’ wildlife management responsibilities.
Use of funds—
In general— Except as provided in paragraph (2), the Secretary may distribute funds from the Account to an Indian Tribe for any of the following purposes:
To develop, carry out, revise, or enhance wildlife conservation and restoration programs to manage Tribal species of greatest conservation need and the habitats of such species as determined by the Indian Tribe.
To assist in the recovery of species listed as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
For wildlife conservation education and wildlife-associated recreation projects and infrastructure.
To manage a Tribal species of greatest conservation need and the habitat of such species, the range of which may be shared with a foreign country, State, or other Indian Tribe.
To manage, control, and prevent invasive species as well as diseases and other risks to wildlife.
For law enforcement activities that are directly related to the protection and conservation of wildlife.
To develop, revise, and implement comprehensive wildlife conservation strategies and plans for such Tribe.
For the hiring and training of wildlife conservation and restoration program staff.
Conditions on the use of funds—
Required use of funds— In order to be eligible to receive funds under subsection (d), a Tribe’s application must include a proposal to use funds for at least one of the purposes described in subparagraphs (A) and (B) of paragraph (1).
Imperiled species recovery— In distributing funds under this section, the Secretary shall distribute not less than 15 percent of the total funds distributed to proposals to fund the recovery of a species, subspecies, or distinct population segment listed as a threatened species, endangered species, or candidate species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or Tribal law.
Limitation— In distributing funds under this section, the Secretary shall distribute not more than 15 percent of all funds distributed under this section for the purpose described in paragraph (1)(C).
No matching funds required— No Indian Tribe shall be required to provide matching funds to be eligible to receive funds under this Act.
Public access not required— Funds apportioned from the Tribal Wildlife Conservation and Restoration Account shall not be conditioned upon the provision of public or non-Tribal access to Tribal or private lands, waters, or holdings.
Administrative costs— Of the funds deposited under subsection (c)(3) for each fiscal year, not more than 3 percent shall be used by the Secretary for administrative costs.
Savings clause— Nothing in this Act shall be construed as modifying or abrogating a treaty with any Indian Tribe, or as enlarging or diminishing the authority, jurisdiction, or responsibility of an Indian Tribe to manage, control, or regulate wildlife.
5 Miscellaneous
83601 Reauthorization of Chesapeake Bay gateways and watertrails network
Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (54 U.S.C. 320101 note; Public Law 105–312) is amended by striking “2019” and inserting “2025”.
IV Energy
A Establishment of Federal orphaned well remediation program
84101. Establishment of federal orphaned well remediation program
by striking the section title and inserting with “Orphaned Well Remediation Program”; and
by striking subsections (a) through (i) and replacing with the following:
“(a) In general—The Secretary, in cooperation with the Secretary of Agriculture, shall establish a program not later than 90 days after the date of enactment of this section to remediate, reclaim, and close orphaned oil and gas wells located on land administered by the land management agencies within the Department of the Interior and the Department of Agriculture.
“(b) Activities—The program under subsection (a) shall—
“(1) include a means of ranking orphaned well sites for priority in remediation, reclamation, and closure, based on public health and safety, potential environmental harm, and other land use priorities;
“(2) distribute funding according to the priorities identified under paragraph (1) of this subsection for—
“(A) reclaiming, remediating, and closing orphaned wells;
“(B) reclaiming and remediating well pads and access roads associated with orphaned wells; and
“(C) restoring native species habitat that has been degraded due to the presence of orphaned wells;
“(3) provide a public accounting of the costs of remediation, reclamation, and closure for each orphaned well site; and
“(4) seek to determine the identities of potentially responsible parties associated with the orphaned well sites, or their sureties or guarantors, to the extent such information can be ascertained, and make efforts to obtain reimbursement for expenditures to the extent practicable.
“(c) Cooperation and consultations—In carrying out the program under subsection (a), the Secretary shall—
“(1) work cooperatively with the Secretary of Agriculture and the States within which Federal land is located; and
“(2) consult with affected Tribes, the Secretary of Energy, and the Interstate Oil and Gas Compact Commission.
“(d) State and tribal orphaned wells
“(1) In general—The Secretary shall establish a program not later than 90 days after the date of enactment of this section to provide grants to States and Tribes to remediate, reclaim, and close orphaned oil and gas wells located on State, Tribal, or private lands.
“(2) Activities—Funds distributed under this subsection may be used by States and Tribes for the activities described in subsection (b), and in addition for—
“(A) identification and characterization of undocumented orphaned wells on State, Tribal, and private lands;
“(B) ranking orphaned or abandoned well sites based on factors such as public health and safety, potential environmental harm, and other land use priorities;
“(C) administration of a State or Tribal orphaned well closure program, provided that no more than 10 percent of the funds received by a State or Tribe under this subsection may be used for this purpose; and
“(D) making information regarding the use of funds under this subsection available to the public.
“(3) Priority—In providing grants under this subsection, the Secretary shall give priority to—
“(A) States and Tribes that have an established State or Tribal program for the remediation, reclamation, or closure of abandoned, idled, or orphaned oil and gas wells; and
“(B) States and Tribes that require companies to provide financial assurances prior to drilling a well equal to the estimated full cost of well closure and land remediation.
“(4) Application—States and Tribes shall be eligible for grants under this subsection upon application to the Secretary of the Interior. Such application shall include—
“(A) a prioritized list of the wells, well sites, and affected areas that will be remediated, reclaimed, or closed;
“(B) a description of the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of remediating, reclaiming, or closing each well, well site, or affected area;
“(C) an estimate of the cost of each proposed project;
“(D) an estimate of the number of jobs that will be created or saved through the projects to be funded under this subsection;
“(E) an estimate of the funds to be spent on administrative costs; and
“(F) a description of how the information regarding the State’s or Tribe’s activities under this subsection will be made available to the public.
“(5) Allocation—The Secretary shall, in consultation with States, affected Tribes, and the Interstate Oil and Gas Compact Commission, develop a formula for the amount of grant funding each State or Tribe is eligible for under this subsection, taking into account—
“(A) the number of documented orphaned wells within the State or on each Tribe’s lands;
“(B) the estimated number of undocumented orphaned wells within the State or on each Tribe’s lands; and
“(C) the amount of oil and gas activity within the State or on Tribal lands in the previous 10 years.
“(e) Technical assistance
“(1) In general—The Secretary of Energy, in cooperation with the Secretary, shall establish a program to provide technical assistance to oil and gas producing States and Tribes to ensure practical and economical remedies for environmental problems caused by orphaned or abandoned oil and gas well sites on State, Tribal, or private land.
“(2) Assistance—The Secretary of Energy shall work with the States, through the Interstate Oil and Gas Compact Commission, to assist the States in quantifying and mitigating environmental risks of onshore orphaned or abandoned oil or gas wells on State and private land.
“(3) Activities—The program under paragraph (1) shall include—
“(A) mechanisms to facilitate identification, if feasible, of the persons currently providing a bond or other form of financial assurance required under State or Federal law for an oil or gas well that is orphaned or abandoned;
“(B) criteria for ranking orphaned or abandoned well sites based on factors such as public health and safety, potential environmental harm, and other land use priorities;
“(C) information and training programs on best practices for remediation of different types of sites; and
“(D) funding of State mitigation efforts on a cost-shared basis.
“(f) Report to congress—Not later than 1 year after the date of enactment of this section, and every year thereafter, the Secretary shall submit to Congress a report on the programs established under this section.
“(g) Definitions—As used in this subsection—
“(1) Orphaned well—The term orphaned well means any well not in operation for which there is no responsible party known to the Secretary to reclaim and remediate or close the well site; and
“(2) Responsible party—The term responsible party includes any person, association, corporation, subsidiary, or affiliate that directly or indirectly, controls, manages, directs, or undertakes the activities with respect to an oil and gas lease or any person or entity controlled by, or under common control with, such person or entity.
“(h) Appropriations—There are authorized to be appropriated to the Secretary of the Interior for each of fiscal years 2020 through 2024—
“(1) $50,000,000 to carry out the program under subsection (a); and
“(2) $350,000,000 to carry out the program under subsection (d).”
84102. Federal bonding reform
Section 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)) is amended to read as follows:
“(g) Bonding requirements
“(1) Definitions—In this subsection:
“(A) Interim reclamation plan—The term Interim Reclamation Plan means an ongoing plan specifying reclamation steps to be taken on all disturbed areas covered by any lease issued under this Act that are not needed for active operations.
“(B) Final reclamation plan—The term Final Reclamation Plan means a plan describing all reclamation activity to be conducted for all disturbed areas, including locations, facilities, trenches, rights-of-way, roads, and any other surface disturbance covered by a lease issued under this Act prior to final abandonment.
“(2) In general—The Secretary of the Interior, or with respect to National Forest lands, the Secretary of Agriculture, shall regulate all surface-disturbing activities conducted pursuant to any lease issued under this Act, and shall determine reclamation and other actions as required in the interest of conservation of surface resources.
“(3) Reclamation plans required
“(A) Analysis and approval required—No permit to drill on an oil and gas lease issued under this Act may be granted without the analysis and approval by the Secretary concerned of both an interim reclamation plan and a final reclamation plan covering proposed surface-disturbing activities within the lease area.
“(B) Plans of operations—All Plans of Operations submitted and approved pursuant to this Act shall include an Interim Reclamation Plan.
“(C) Secretarial review—The relevant Secretary shall review each Interim Reclamation Plan at regular intervals and shall require such plans to be amended as warranted, subject to the approval of such Secretary.
“(4) Bonding
“(A) In general—The Secretary concerned shall, by regulation, require that an adequate bond, surety, or other financial arrangement will be established prior to the commencement of surface-disturbing activities on any lease, to ensure the complete and timely reclamation of the lease tract, and the restoration of any lands or surface waters adversely affected by lease operations after the abandonment or cessation of oil and gas operations on the lease.
“(B) Prohibition—The Secretary shall not issue or approve the assignment of any lease under the terms of this section to any person, association, corporation, or any subsidiary, affiliate, or person controlled by or under common control with such person, association, or corporation, during any period in which, as determined by the relevant Secretary, such entity has failed or refused to comply in any material respect with the reclamation requirements and other standards established under this section for any prior lease to which such requirements and standards applied.
“(C) Notice and opportunity for compliance—Prior to making such determination with respect to any such entity the concerned Secretary shall provide such entity with adequate notification and an opportunity to comply with such reclamation requirements and other standards and shall consider whether any administrative or judicial appeal is pending. Once the entity has complied with the reclamation requirement or other standard concerned an oil or gas lease may be issued to such entity under this Act.
“(D) Limitation on bonds—A bond, surety, or other financial arrangement described in subparagraph (A) shall not be adequate if it is less than—
“(i) $50,000 in the case of an arrangement for an individual surface-disturbing activity of an entity;
“(ii) $250,000 in the case of an arrangement for all surface-disturbing activities of an entity in a State; or
“(iii) $1,000,000 in the case of an arrangement for all surface-disturbing activities of an entity in the United States.
“(E) Adjustments for inflation—In the application of subparagraph (B), the Secretaries concerned shall jointly at least once every three years adjust the dollar amounts in subparagraph (B) to account for inflation based on the Consumer Price Index for all urban consumer published by the Department of Labor.
“(5) Standards—The Secretary of the Interior and the Secretary of Agriculture shall, by regulation, establish uniform standards for all Interim and Final Reclamation Plans. The goal of such plans shall be the restoration of the affected ecosystem to a condition approximating or equal to that which existed prior to the surface disturbance. Such standards shall include restoration of natural vegetation and hydrology, habitat restoration, salvage, storage and reuse of topsoils, erosion control, control of invasive species and noxious weeds and natural contouring.
“(6) Monitoring—The Secretary concerned shall not approve final abandonment and shall not release any bond required by this Act until the standards and requirement for final reclamation established pursuant to this Act have been met.”
B Surface Mining Control and Reclamation Act Amendments
84201. Abandoned Mine Land Reclamation Fund
Section 401(f)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(f)(2)) is amended—
in subparagraph (A)—
in the heading, by striking “2022” and inserting “2037”; and
by striking “2022” and inserting “2037”; and
in subparagraph (B)—
in the heading, by striking “2023” and inserting “2038”;
by striking “2023” and inserting “2038”; and
by striking “2022” and inserting “2037”.
84202. Emergency Powers
State reclamation program— Section 405(d) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235(d)) is amended by striking “sections 402 and 410 excepted” and inserting “section 402 excepted”.
Delegation— Section 410 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240) is amended—
in subsection (a), by inserting “, including through reimbursement to a State or Tribal Government described in subsection (c),” after “moneys”; and
by adding at the end the following:
“(c) State or Tribal Government—A State or Tribal Government is eligible to receive reimbursement from the Secretary under subsection (a) if such State or Tribal Government has submitted, and the Secretary has approved, an Abandoned Mine Land Emergency Program as part of an approved State or Tribal Reclamation Plan under section 405.”
84203. Reclamation fee
Duration— Effective 90 days after the date of enactment of this Act, section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking “September 30, 2021” and inserting “September 30, 2036”.
Allocation of funds— Effective September 30, 2020, section 402(g) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)) is amended—
in paragraph (6)(A), by striking “paragraphs (1) and (5)” inserting “paragraphs (1), (5), and (8)”;
in paragraph (8)(A), by striking “$3,000,000” and inserting “$5,000,000”; and
by adding at the end the following:
“(9) From amounts withheld pursuant to the Budget Control Act of 2011 (2 U.S.C. 901(a)) from payments to States under title IV of the Surface Mining Control and Reclamation Act (30 U.S.C. 1232(g)) during fiscal years 2013 through 2018, the Secretary shall distribute for fiscal year 2020 an amount to each State equal to the total amount so withheld.”
C Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More
84301. Economic revitalization for coal country
In general— Title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding at the end the following:
“416. Abandoned mine land economic revitalization
“(a) Purpose—The purpose of this section is to promote economic revitalization, diversification, and development in economically distressed mining communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977.
“(b) In general—From amounts deposited into the fund under section 401(b) before October 1, 2007, $200,000,000 shall be made available to the Secretary, subject to appropriation, for each of fiscal years 2021 through 2025 for distribution to States and Indian tribes in accordance with this section for reclamation and restoration projects at sites identified as priorities under section 403(a).
“(c) Use of funds—Funds distributed to a State or Indian tribe under subsection (d) shall be used only for projects classified under the priorities of section 403(a) that meet the following criteria:
“(1) Contribution to future economic or community development
“(A) In general—The project, upon completion of reclamation, is intended to create favorable conditions for the economic development of the project site or create favorable conditions that promote the general welfare through economic and community development of the area in which the project is conducted.
“(B) Demonstration of conditions—Such conditions are demonstrated by—
“(i) documentation of the role of the project in such area’s economic development strategy or other economic and community development planning process;
“(ii) any other documentation of the planned economic and community use of the project site after the primary reclamation activities are completed, which may include contracts, agreements in principle, or other evidence that, once reclaimed, the site is reasonably anticipated to be used for one or more industrial, commercial, residential, agricultural, or recreational purposes; or
“(iii) any other documentation agreed to by the State or Indian tribe that demonstrates the project will meet the criteria set forth in this subsection.
“(2) Location in economically distressed community affected by recent decline in mining
“(A) In general—The project will be conducted in a community—
“(i) that has been adversely affected economically by a recent reduction in coal mining related activity, as demonstrated by employment data, per capita income, or other indicators of economic distress; or
“(ii)
“(I) that has historically relied on coal mining for a substantial portion of its economy; and
“(II) in which the economic contribution of coal mining has significantly declined.
“(B) Submission and publication of evidence or analysis—Any evidence or analysis relied upon in selecting the location of a project under this subparagraph shall be submitted to the Secretary for publication. The Secretary shall publish such evidence or analysis in the Federal Register within 30 days after receiving such submission.
“(3) Stakeholder collaboration
“(A) In general—The project has been the subject of project planning under subsection (g) and has been the focus of collaboration, including partnerships, as appropriate, with interested persons or local organizations.
“(B) Public notice—As part of project planning—
“(i) the public has been notified of the project at minimum 30 days prior to submission to Office of Surface Mining Reclamation and Enforcement and has been given an opportunity to request a public meeting convened in a community near the proposed project site; and
“(ii) the State or Indian tribe published notice of the proposed project 30 days prior to submission to Office of Surface Mining Reclamation and Enforcement and published notice of requested public meetings in local newspapers of general circulation, on the Internet, and by any other means considered desirable by the Secretary.
“(C) Electronic notification—The State or Indian tribe established a way for interested persons to receive electronically all public notices issued under subparagraph (B) and any written declarations submitted to the Secretary under paragraph (5).
“(4) Eligible applicants—The project has been proposed by entities of State, local, county, or tribal governments, or local organizations, and will be approved and executed by State or tribal programs, approved under section 405 or referred to in section 402(g)(8)(B), which may include subcontracting project-related activities, as appropriate.
“(5) Waiver—If the State or Indian tribe—
“(A) cannot provide documentation described in paragraph (1)(B) for a project conducted under a priority stated in paragraph (1) or (2) of section 403(a); or
“(B) is unable to meet the requirements under paragraph (2),
“(d) Distribution of funds
“(1) Uncertified States
“(A) In general—From the amount made available in subsection (b), the Secretary shall distribute 97.5 percent annually for each of fiscal years 2021 through 2025 to States and Indian tribes that have a State or tribal program approved under section 405 or are referred to in section 402(g)(8)(B), and have not made a certification under section 411(a) in which the Secretary has concurred, as follows:
“(i) Four-fifths of such amount shall be distributed based on the proportion of the amount of coal historically produced in each State or from the lands of each Indian tribe concerned before August 3, 1977.
“(ii) One-fifth of such amount shall be distributed based on the proportion of reclamation fees paid during the period of fiscal years 2012 through 2016 for lands in each State or lands of each Indian tribe concerned.
“(B) Supplemental funds—Funds distributed under this section—
“(i) shall be in addition to, and shall not affect, the amount of funds distributed—
“(I) to States and Indian tribes under section 401(f); and
“(II) to States and Indian tribes that have made a certification under section 411(a) in which the Secretary has concurred, subject to the cap described in section 402(i)(3); and
“(ii) shall not reduce any funds distributed to a State or Indian tribe by reason of the application of section 402(g)(8).
“(2) Additional funding to certain States and Indian tribes
“(A) Eligibility—From the amount made available in subsection (b), the Secretary shall distribute 2.5 percent annually for each of the five fiscal years beginning with fiscal year 2021 to States and Indian tribes that have a State program approved under section 405 and have made a certification under section 411(a) in which the Secretary has concurred.
“(B) Application for funds—Using the process in section 405(f), any State or Indian tribe described in subparagraph (A) may submit a grant application to the Secretary for funds under this paragraph. The Secretary shall review each grant application to confirm that the projects identified in the application for funding are eligible under subsection (c).
“(C) Distribution of funds—The amount of funds distributed to each State or Indian tribe under this paragraph shall be determined by the Secretary based on the demonstrated need for the funding to accomplish the purpose of this section.
“(3) Reallocation of uncommitted funds
“(A) Committed defined—For purposes of this paragraph the term committed—
“(i) means that funds received by the State or Indian tribe—
“(I) have been exclusively applied to or reserved for a specific project and therefore are not available for any other purpose; or
“(II) have been expended or designated by the State or Indian tribe for the completion of a project;
“(ii) includes use of any amount for project planning under subsection (g); and
“(iii) reflects an acknowledgment by Congress that, based on the documentation required under subsection (c)(2)(B), any unanticipated delays to commit such funds that are outside the control of the State or Indian tribe concerned shall not affect its allocations under this section.
“(B) Fiscal years 2024 and 2025—For each of fiscal years 2024 and 2025, the Secretary shall reallocate in accordance with subparagraph (D) any amount available for distribution under this subsection that has not been committed to eligible projects in the preceding 2 fiscal years, among the States and Indian tribes that have committed to eligible projects the full amount of their annual allocation for the preceding fiscal year.
“(C) Fiscal year 2026—For fiscal year 2026, the Secretary shall reallocate in accordance with subparagraph (D) any amount available for distribution under this subsection that has not been committed to eligible projects or distributed under paragraph (1)(A), among the States and Indian tribes that have committed to eligible projects the full amount of their annual allocation for the preceding fiscal years.
“(D) Amount of reallocation—The amount reallocated to each State or Indian tribe under each of subparagraphs (B) and (C) shall be determined by the Secretary to reflect, to the extent practicable—
“(i) the proportion of unreclaimed eligible lands and waters the State or Indian tribe has in the inventory maintained under section 403(c);
“(ii) the average of the proportion of reclamation fees paid for lands in each State or lands of each Indian tribe concerned; and
“(iii) the proportion of coal mining employment loss incurred in the State or on lands of the Indian tribe, respectively, as determined by the Mine Safety and Health Administration, over the 5-year period preceding the fiscal year for which the reallocation is made.
“(e) Resolution of Secretary’s concerns; congressional notification—If the Secretary does not agree with a State or Indian tribe that a proposed project meets the criteria set forth in subsection (c)—
“(1) the Secretary and the State or tribe shall meet and confer for a period of not more than 45 days to resolve the Secretary’s concerns, except that such period may be shortened by the Secretary if the Secretary's concerns are resolved;
“(2) during that period, at the State’s or Indian tribe’s request, the Secretary may consult with any appropriate Federal agency; and
“(3) at the end of that period, if the Secretary’s concerns are not resolved the Secretary shall provide to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an explanation of the concerns and such project proposal shall not be eligible for funds distributed under this section.
“(f) Acid mine drainage treatment
“(1) In general—Subject to paragraph (2), a State or Indian tribe that receives funds under this section may use up to 30 percent of such funds as necessary to supplement the State’s or tribe’s acid mine drainage abatement and treatment fund established under section 402(g)(6)(A), for future operation and maintenance costs for the treatment of acid mine drainage associated with the individual projects funded under this section. A State or Indian tribe shall specify the total funds allotted for such costs in its application submitted under subsection (d)(2)(B).
“(2) Condition—A State or Indian tribe may use funds under this subsection only if the State or tribe can demonstrate that the annual grant distributed to the State or tribe pursuant to section 401(f), including any interest from the State’s or tribe’s acid mine drainage abatement and treatment fund that is not used for the operation or maintenance of preexisting acid mine drainage treatment systems, is insufficient to fund the operation and maintenance of any acid mine drainage treatment system associated with an individual project funded under this section.
“(g) Project planning and administration
“(1) States and Indian tribes—A State or Indian tribe may use up to 10 percent of its annual distribution under this section for the costs of administering this section consistent with existing practice under sections 401(c)(7) and 402(g)(1)(C) of the Surface Mining Control and Reclamation Act of 1977 and the Office of Surface Mining Reclamation and Enforcement Federal Assistance Manual.
“(2) Secretary—The Secretary may expend, from amounts made available to the Secretary under section 402(g)(3)(D), not more than $3,000,000 during the fiscal years for which distributions occur under subsection (b) for staffing and other administrative expenses necessary to carry out this section.
“(h) Regulations and guidelines—To the extent necessary to implement the provisions of this Act, the Secretary shall propose rules and/or develop guidelines not later than 90 days following enactment of the Act and shall publish them as final rules and/or guidelines not later than 90 days thereafter. Within 60 days following the adoption of any such final rules and/or guidelines, the Secretary shall distribute the funds under subsection (d). Furthermore, project proposals under this Act shall be initially reviewed, vetted and approved by OSMRE Field Offices within 45 days of receipt and authorizations to proceed shall be issued by the Field Office within 45 days of request by the State or Tribe.
“(i) Report to Congress—The Secretary shall provide to the Committee on Natural Resources of the House of Representatives, the Committees on Appropriations of the House of Representatives and the Senate, and the Committee on Energy and Natural Resources of the Senate at the end of each fiscal year for which such funds are distributed a detailed report—
“(1) on the various projects that have been undertaken with such funds;
“(2) the extent and degree of reclamation using such funds that achieved the priorities described in paragraph (1) or (2) of section 403(a);
“(3) the community and economic benefits that are resulting from, or are expected to result from, the use of the funds that achieved the priorities described in paragraph (3) of section 403(a); and
“(4) the reduction since the previous report in the inventory referred to in section 403(c).
“(j) Prohibition on certain use of funds—Any State or Indian tribe that uses the funds distributed under this section for purposes other than reclamation or drainage abatement expenditures, as made eligible by section 404, and for the purposes authorized under subsections (f) and (g), shall be barred from receiving any subsequent funding under this section.”
Clerical amendment— The table of contents in the first section of the Surface Mining Control and Reclamation Act of 1977 is amended by adding at the end of the items relating to title IV the following:
84302. Technical and conforming amendments
The Surface Mining Control and Reclamation Act of 1977 is amended—
in section 401(c) (30 U.S.C. 1231(c)), by striking “and” after the semicolon at the end of paragraph (10), by redesignating paragraph (11) as paragraph (12), and by inserting after paragraph (10) the following:
“(11) to implement section 416; and”
in section 401(d)(3) (30 U.S.C. 1231(d)(3)), by striking “subsection (f)” and inserting “subsection (f) and section 416(a)”;
in section 402(g) (30 U.S.C. 1232(g))—
in paragraph (1), by inserting “and section 416” after “subsection (h)”; and
by adding at the end of paragraph (3) the following:
“(F) For the purpose of section 416(d)(2)(A).”
in section 403(c) (30 U.S.C. 1233(c)), by inserting after the second sentence the following: “As practicable, States and Indian tribes shall offer such amendments based on the use of remote sensing, global positioning systems, and other advanced technologies.”.
84303. Minimum State payments
Section 402(g)(8)(A) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)(8)) is amended by striking “$3,000,000” and inserting “$5,000,000”.
84304. GAO study of use of funds
Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall study and report to the Congress on uses of funds authorized by this subtitle, including regarding—
the solvency of the Abandoned Mine Reclamation Fund; and
the impact of such use on payments and transfers under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201) to—
States for which a certification has been made under section 411 of such Act (30 U.S.C. 1241);
States for which such a certification has not been made; and
transfers to United Mine Workers of America Combined Benefit Fund.
84305. Payments to certified States not affected
Nothing in this subtitle shall be construed to reduce or otherwise affect payments under section 402(g) of the Surface Mining Reclamation and Control Act of 1977 (30 U.S.C. 1232(g)) to States that have made a certification under section 411(a) of such Act (30 U.S.C. 1240a(a)) in which the Secretary of the Interior has concurred.
D Public Land Renewable Energy Development
84401. Definitions
In this subtitle:
Covered land— The term covered land means land that is—
public lands administered by the Secretary; and
not excluded from the development of geothermal, solar, or wind energy under—
a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or
other Federal law.
Exclusion area— The term exclusion area means covered land that is identified by the Bureau of Land Management as not suitable for development of renewable energy projects.
Federal land— The term Federal land means public lands.
Fund— The term Fund means the Renewable Energy Resource Conservation Fund established by section 84408(c)(1).
Priority area— The term priority area means covered land identified by the land use planning process of the Bureau of Land Management as being a preferred location for a renewable energy project, including a designated leasing area (as defined in section 2801.5(b) of title 43, Code of Federal Regulations (or a successor regulation)) that is identified under the rule of the Bureau of Land Management entitled “Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections” (81 Fed. Reg. 92122 (December 19, 2016)) (or a successor regulation).
Public lands— The term public lands has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).
Renewable energy project— The term renewable energy project means a project carried out on covered land that uses wind, solar, or geothermal energy to generate energy.
Secretary— The term Secretary means the Secretary of the Interior.
Variance area— The term variance area means covered land that is—
not an exclusion area;
not a priority area; and
identified by the Secretary as potentially available for renewable energy development and could be approved without a plan amendment, consistent with the principles of multiple use (as that term is defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)).
84402. Land use planning; supplements to programmatic environmental impact statements
Priority areas—
In general— The Secretary, in consultation with the Secretary of Energy, shall establish priority areas on covered land for geothermal, solar, and wind energy projects. Projects located in those priority areas shall be given the highest priority for review, and shall be offered the opportunity to participate in any regional mitigation plan developed for the relevant priority areas.
Deadline—
Geothermal energy— For geothermal energy, the Secretary shall establish priority areas as soon as practicable, but not later than 5 years, after the date of the enactment of this Act.
Solar energy— For solar energy, solar Designated Leasing Areas, including the solar energy zones established by the 2012 western solar plan of the Bureau of Land Management and any subsequent land use plan amendments, shall be considered to be priority areas for solar energy projects. The Secretary shall establish additional solar priority areas as soon as practicable, but not later than 3 years, after the date of the enactment of this Act.
Wind energy— For wind energy, the Secretary shall establish additional wind priority areas as soon as practicable, but not later than 3 years, after the date of the enactment of this Act.
Variance areas— To the maximum extent practicable, variance areas shall be considered for renewable energy project development, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)).
Review and modification— Not less than once every 5 years, the Secretary shall—
review the adequacy of land allocations for geothermal, solar, and wind energy priority and variance areas for the purpose of encouraging new renewable energy development opportunities; and
based on the review carried out under paragraph (1), add, modify, or eliminate priority, variance, and exclusion areas.
Compliance with the National Environmental Policy Act— For purposes of this section, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished—
for geothermal energy, by supplementing the October 2008 final programmatic environmental impact statement for geothermal leasing in the Western United States and incorporating any additional regional analyses that have been completed by Federal agencies since the programmatic environmental impact statement was finalized;
for solar energy, by supplementing the July 2012 final programmatic environmental impact statement for solar energy development and incorporating any additional regional analyses that have been completed by Federal agencies since the programmatic environmental impact statement was finalized; and
for wind energy, by supplementing the July 2005 final programmatic environmental impact statement for wind energy development and incorporating any additional regional analyses that have been completed by Federal agencies since the programmatic environmental impact statement was finalized.
No effect on processing applications— Any requirements to prepare a supplement to a programmatic environmental impact statement under this section shall not result in any delay in processing a pending application for a renewable energy project.
Coordination— In developing a supplement required by this section, the Secretary shall coordinate, on an ongoing basis, with appropriate State, Tribal, and local governments, transmission infrastructure owners and operators, developers, and other appropriate entities to ensure that priority areas identified by the Secretary are—
economically viable (including having access to existing and/or planned transmission lines);
likely to avoid or minimize impacts to habitat for animals and plants, recreation, cultural resources, and other uses of covered land; and
consistent with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), including subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).
84403. Environmental review on covered land
In general— If the Secretary determines that a proposed renewable energy project has been sufficiently analyzed by a programmatic environmental impact statement conducted under section 84402(d), the Secretary shall not require any additional review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary shall publish any such project determinations on a publicly available website.
Additional environmental review— If the Secretary determines that additional environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed renewable energy project, the Secretary shall rely on the analysis in the programmatic environmental impact statement conducted under section 84402(d), to the maximum extent practicable when analyzing the potential impacts of the project.
Relationship to other law— Nothing in this section modifies or supersedes any requirement under applicable law.
84404. Program to improve renewable energy project permit coordination
Establishment— The Secretary shall establish a national Renewable Energy Coordination Office and State, district, or field offices with responsibility to establish and implement a program to improve Federal permit coordination with respect to renewable energy projects on covered land and other activities deemed necessary by the Secretary. In carrying out the program, the Secretary may temporarily assign qualified staff to Renewable Energy Coordination Offices to expedite the permitting of renewable energy projects.
Memorandum of understanding—
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section, including to specifically expedite the environmental analysis of applications for projects proposed in a variance area or a priority area, with the Secretary of Defense.
State and Tribal participation— The Secretary may request the Governor of any interested State or any Tribal leader of any interested Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) to be a signatory to the memorandum of understanding under paragraph (1).
Designation of qualified staff—
In general— Not later than 30 days after the date on which the memorandum of understanding under subsection (b) is executed, all Federal signatories, as appropriate, shall identify for each of the Bureau of Land Management Renewable Energy Coordination Offices one or more employees who have expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in—
consultation regarding, and preparation of, biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536);
permits under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344);
regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.);
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
implementation of the requirements of section 306108 of title 54, United States Code (formerly known as section 106 of the National Historic Preservation Act);
the Bald and Golden Eagle Protection Act (16 U.S.C. 668 through 668d); and
section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753 and 102101 of title 54 , United States Code (previously known as the “National Park Service Organic Act”).
Duties— Each employee assigned under paragraph (1) shall—
be responsible for addressing all issues relating to the jurisdiction of the home office or agency of the employee; and
participate as part of the team of personnel working on proposed energy projects, planning, monitoring, inspection, enforcement, and environmental analyses.
Additional personnel— The Secretary may assign such additional personnel for the Bureau of Land Management Renewable Energy Coordination Offices as are necessary to ensure the effective implementation of any programs administered by the offices in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
Clarification of existing authority— Under section 307 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737), the Bureau of Land Management may—
accept donations for the purposes of public lands management; and
accept donations from renewable energy companies working on public lands to help cover the costs of environmental reviews.
Report to Congress—
In general— Not later than February 1 of the first fiscal year beginning after the date of the enactment of this Act, and each February 1 thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made under the program established under subsection (a) during the preceding year.
Inclusions— Each report under this subsection shall include—
projections for renewable energy production and capacity installations; and
a description of any problems relating to leasing, permitting, siting, or production.
84405. Increasing economic certainty
Considerations— The Secretary is authorized to and shall consider acreage rental rates, capacity fees, and other recurring annual fees in total when evaluating existing rates paid for the use of Federal land by renewable energy projects.
Increases in base rental rates— Once a base rental rate is established upon the issuance of a right-of-way authorization, increases in the base rent shall be limited to the Implicit Price Deflator–Gross Domestic Product (IPD–GDP) index for the entire term of the right-of-way authorization.
Reductions in base rental rates— The Secretary is authorized to reduce acreage rental rates and capacity fees, or both, for existing and new wind and solar authorizations if the Secretary determines—
that the existing rates—
exceed fair market value;
impose economic hardships;
limit commercial interest in a competitive lease sale or right-of-way grant; or
are not competitively priced compared to other available land; or
that a reduced rental rate or capacity fee is necessary to promote the greatest use of wind and solar energy resources, especially those resources inside priority areas. Rental rates and capacity fees for projects that are within the boundaries of a Designated Leasing Area but not formally recognized as being in such an area shall be equivalent to rents and fees for new leases inside of a Designated Leasing Area.
84406. Limited grandfathering
Definition of project— In this section, the term project means a system described in section 2801.9(a)(4) of title 43, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Requirement To pay rents and fees— Unless otherwise agreed to by the owner of a project, the owner of a project that applied for a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) on or before December 19, 2016, shall be obligated to pay with respect to the right-of-way all rents and fees in effect before the effective date of the rule of the Bureau of Land Management entitled “Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections” (81 Fed. Reg. 92122 (December 19, 2016)).
84407. Renewable energy goal
The Secretary shall seek to issue permits that, in total, authorize production of not less than 25 gigawatts of electricity from wind, solar, and geothermal energy projects by not later than 2025, through management of public lands and administration of Federal laws.
84408. Disposition of revenues
Disposition of revenues— Beginning on January 1, 2020, of the amounts collected as bonus bids, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization (other than under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g))) for the development of wind or solar energy on covered land the following shall be made available without further appropriation or fiscal year limitation as follows:
Twenty-five percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the revenue is derived.
Twenty-five percent shall be paid by the Secretary of the Treasury to the one or more counties within the boundaries of which the revenue is derived, to be allocated among the counties based on the percentage of land from which the revenue is derived.
Fifteen percent shall be deposited in the Treasury and be made available to the Secretary to carry out the program established under this subtitle, including the transfer of the funds by the Bureau of Land Management to other Federal agencies and State agencies to facilitate the processing of renewable energy permits on Federal land, with priority given to using the amounts, to the maximum extent practicable without detrimental impacts to emerging markets, to expediting the issuance of permits required for the development of renewable energy projects in the States from which the revenues are derived.
Twenty-five percent shall be deposited in the Renewable Energy Resource Conservation Fund established by subsection (c).
The remainder shall be deposited into the general fund of the Treasury for purposes of reducing the annual Federal budget deficit.
Payments to States and counties—
In general— Amounts paid to States and counties under subsection (a) shall be used consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191).
Payments in lieu of taxes— A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31, United States Code.
Renewable Energy Resource Conservation Fund—
In general— There is established in the Treasury a fund to be known as the Renewable Energy Resource Conservation Fund, which shall be administered by the Secretary.
Use of funds— The Secretary may make amounts in the Fund available to Federal, State, local, and Tribal agencies to be distributed in regions in which renewable energy projects are located on Federal land, for the purposes of—
restoring and protecting—
fish and wildlife habitat for affected species;
fish and wildlife corridors for affected species; and
wetlands, streams, rivers, and other natural water bodies in areas affected by wind, geothermal, or solar energy development; and
preserving and improving recreational access to Federal land and water in an affected region through an easement, right-of-way, or other instrument from willing landowners for the purpose of enhancing public access to existing Federal land and water that is inaccessible or restricted.
Restriction on use of funds— No funds made available under this subsection may be used for the purchase of real property unless in fulfillment of paragraph (2)(B).
Partnerships— The Secretary may enter into cooperative agreements with State and Tribal agencies, nonprofit organizations, and other appropriate entities to carry out the activities described in subparagraphs (A) and (B) of paragraph (2).
Investment of Fund—
In general— Any amounts deposited in the Fund shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities.
Use— Any interest earned under subparagraph (A) may be expended in accordance with this subsection.
Report to Congress— At the end of each fiscal year, the Secretary shall report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate—
the amount collected as described in subsection (a), by source, during that fiscal year;
the amount and purpose of payments during that fiscal year to each Federal, State, local, and Tribal agency under paragraph (2); and
the amount remaining in the Fund at the end of the fiscal year.
Intent of Congress— It is the intent of Congress that the revenues deposited and used in the Fund shall supplement (and not supplant) annual appropriations for activities described in subparagraphs (A) and (B) of paragraph (2).
84409. Promoting and enhancing development of geothermal energy
In general— Section 234(a) of the Energy Policy Act of 2005 (42 U.S.C. 15873(a)) is amended by striking “in the first 5 fiscal years beginning after the date of enactment of this Act” and inserting “through fiscal year 2022”.
by striking “Amounts” and inserting the following:
“(1) In general—Amounts”
by adding at the end the following:
“(2) Authorization—Effective for fiscal year 2019 and each fiscal year thereafter, amounts deposited under subsection (a) shall be available to the Secretary of the Interior for expenditure, without further appropriation or fiscal year limitation, to implement the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and this Act.”
84410. Facilitation of coproduction of geothermal energy on oil and gas leases
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following:
“(4) Land subject to oil and gas lease—Land under an oil and gas lease issued pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing under subsection (c) by the holder of the oil and gas lease—
“(A) on a determination that geothermal energy will be produced from a well producing or capable of producing oil and gas; and
“(B) in order to provide for the coproduction of geothermal energy with oil and gas.”
84411. Noncompetitive leasing of adjoining areas for development of geothermal resources
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is further amended by adding at the end the following:
“(5) Adjoining land
“(A) Definitions—In this paragraph:
“(i) Fair market value per acre—The term fair market value per acre means a dollar amount per acre that—
“(I) except as provided in this clause, shall be equal to the market value per acre (taking into account the determination under subparagraph (B)(iii) regarding a valid discovery on the adjoining land) as determined by the Secretary under regulations issued under this paragraph;
“(II) shall be determined by the Secretary with respect to a lease under this paragraph, by not later than the end of the 180-day period beginning on the date the Secretary receives an application for the lease; and
“(III) shall be not less than the greater of—
“(aa) 4 times the median amount paid per acre for all land leased under this Act during the preceding year; or
“(bb) $50.
“(ii) Industry standards—The term industry standards means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources, as determined through flow or injection testing or measurement of lost circulation while drilling.
“(iii) Qualified Federal land—The term qualified Federal land means land that is otherwise available for leasing under this Act.
“(iv) Qualified geothermal professional—The term qualified geothermal professional means an individual who is an engineer or geoscientist in good professional standing with at least 5 years of experience in geothermal exploration, development, or project assessment.
“(v) Qualified lessee—The term qualified lessee means a person who may hold a geothermal lease under this Act (including applicable regulations).
“(vi) Valid discovery—The term valid discovery means a discovery of a geothermal resource by a new or existing slim hole or production well, that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards.
“(B) Authority—An area of qualified Federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre, if—
“(i) the area of qualified Federal land—
“(I) consists of not less than 1 acre and not more than 640 acres; and
“(II) is not already leased under this Act or nominated to be leased under subsection (a);
“(ii) the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause (iii)(I); and
“(iii) sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable Federal land management agency that would lead individuals who are experienced in the subject matter to believe that—
“(I) there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources; and
“(II) that geothermal feature extends into the adjoining areas.
“(C) Determination of fair market value
“(i) In general—The Secretary shall—
“(I) publish a notice of any request to lease land under this paragraph;
“(II) determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the Secretary;
“(III) provide to a qualified lessee and publish, with an opportunity for public comment for a period of 30 days, any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph; and
“(IV) provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable Federal land management agency, in accordance with applicable law (including regulations).
“(ii) Limitation on nomination—After publication of a notice of request to lease land under this paragraph, the Secretary may not accept under subsection (a) any nomination of the land for leasing unless the request has been denied or withdrawn.
“(iii) Annual rental—For purposes of section 5(a)(3), a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale.
“(D) Regulations—Not later than 270 days after the date of the enactment of this paragraph, the Secretary shall issue regulations to carry out this paragraph.”
84412. Savings clause
Notwithstanding any other provision of this subtitle, the Secretary shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with title I of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), including due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and conducting environmental reviews.
E Offshore Wind Jobs and Opportunity
84501. Offshore Wind Career Training Grant Program
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following:
“33. Offshore Wind Career Training Grant Program
“(a) Grants authorized—Beginning 180 days after the date of the enactment of this section, the Secretary may award offshore wind career training grants to eligible entities for the purpose of establishing or expanding educational or career training programs that provide individuals in such programs skills and competencies necessary for employment in the offshore wind industry.
“(b) Allocation of grants
“(1) Limitation on grant quantity and size—An eligible entity may not be awarded—
“(A) more than one grant under this section for which the eligible entity is the lead applicant; or
“(B) a grant under this section in excess of $2,500,000.
“(2) Allocation to community colleges—Not less than 25 percent of the total amount awarded under this section for a fiscal year shall be awarded to eligible entities that are community colleges.
“(c) Partnerships—An eligible entity seeking to receive a grant under this section shall establish or partner with one or more of the following:
“(1) Another eligible entity (including an eligible entity that is a community college).
“(2) A State or local government agency responsible for education, workforce development or offshore wind energy activities.
“(3) A qualified intermediary.
“(d) Use of grant—An eligible entity may use a grant awarded under this section for the following activities:
“(1) Occupational skills training, including curriculum development and class-room instruction.
“(2) Safety and health training.
“(3) The provision of English language acquisition and employability skills.
“(4) Individual referral and tuition assistance for a community college training program.
“(5) Career pathway development or expansion for offshore wind industry occupations.
“(6) The development or expansion of work-based learning or incumbent worker training programs aligned with career pathways in a field related to the offshore wind industry, such as paid internships, registered apprenticeships and programs articulating to an apprenticeship program, customized training, or transitional jobs.
“(7) Curriculum development at the under-graduate and postgraduate levels.
“(8) Development and support of offshore wind energy major, minor, or certificate programs.
“(9) Such other activities, as determined by the Secretary, to meet the purposes of this section.
“(e) Grant proposals
“(1) Submission procedure for grant proposals—An eligible entity seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
“(2) Content of grant proposals—A grant proposal submitted to the Secretary under this section shall include a detailed description of—
“(A) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that will provide individuals in such program the skills and competencies necessary for employment in the offshore wind industry;
“(B) any previous experience of the eligible entity in providing such educational or career training programs;
“(C) the extent to which such project will meet the educational or career training needs;
“(D) the quantitative data that demonstrates the demand for employment for such program in the geographic area served by the eligible entity, including wages and benefits for such employment;
“(E) a description of the entities involved in the industry or sector partnership; and
“(F) a description of the activities the eligible entity will carry out.
“(f) Criteria for award of grants
“(1) In general—Subject to appropriations, the Secretary shall award grants under this section based on an evaluation of—
“(A) the merits of the grant proposal;
“(B) the available or projected employment opportunities, including the projected wages and benefits, available to individuals who complete the educational or career training program that the eligible entity proposes to develop, offer, or improve; and
“(C) the availability and capacity of existing educational or career training programs in the community to meet future demand for such programs.
“(2) Priority—Priority in awarding grants under this section shall be given to an eligible entity that—
“(A) is—
“(i) an institute of higher education that has formed a partnership with a labor organization or joint-labor management organization; or
“(ii) a labor organization or joint-labor management organization that has formed a partnership with an institute of higher education;
“(B) has entered into a memorandum of understanding with one or more employers in the offshore wind industry to partner on the establishment or expansion of programs funded under this Act;
“(C) is located in an economically distressed area;
“(D) serves a high number or high percentage of individuals who are—
“(i) dislocated workers (particularly workers dislocated from the offshore oil and gas, onshore fossil fuel, nuclear energy, or fishing industries);
“(ii) veterans, members of the reserve components of the Armed Forces, or former members of such reserve components;
“(iii) unemployed, underemployed, or disconnected;
“(iv) individuals with barriers to employment;
“(v) in-school and out-of-school youth; or
“(vi) formerly incarcerated, adjudicated, nonviolent offenders;
“(E) an eligible entity that proposes to serve a high percentage or number of low-income or minority students; or
“(F) demonstration of or established plans for the eligible entity to be included on the list of eligible providers of training services described in section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)).
“(3) Geographic distribution—The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States.
“(g) Matching requirements—A grant awarded under this section may not be used to satisfy any non-Federal funds matching requirement under any other provision of law.
“(h) Grantee data collection
“(1) In general—A grantee, with respect to the educational or career training program for which the grantee received a grant under this section, shall collect and report to the Secretary on an annual basis the following:
“(A) The number of participants enrolled in the educational or career training program.
“(B) The number of participants that have completed the educational or career training programing the last 12 months.
“(C) The services received by such participants, including a description of training, education, and supportive services.
“(D) The amount spent by the grantee per participant.
“(E) The percentage of job placement of participants in the offshore wind industry or related fields.
“(F) The percentage of employment retention—
“(i) if the eligible entity is not an institution of higher education, 1 year after completion of the educational or career training program; or
“(ii) if the eligible entity is an institution of higher education, 1 year after completion of the educational or career training program or 1 year after the participant is no longer enrolled in such institution of higher education, whichever is later.
“(G) The percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent during participation in or within 1 year after exit from the program.
“(2) Disaggregation of data—The data collected and reported under this subsection shall be disaggregated by each population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)) and by race, ethnicity, sex, and age.
“(3) Assistance from secretary—The Secretary shall assist grantees in the collection of data under this subsection by making available, where practicable, low-cost means of tracking the labor market outcomes of participants (including through coordination with the Secretary of Labor) and by providing standardized reporting forms, where appropriate. The Secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants.
“(j) Guidelines—Not later than 90 days after the date of the enactment of this section, the Secretary shall—
“(1) promulgate guidelines for the submission of grant proposals; and
“(2) publish and maintain such guidelines on a public website of the Secretary.
“(k) Reporting requirement—Not later than 18 months after the date of the enactment of this section, and every 2 years thereafter, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate on the grant program established by this section. The report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section.
“(l) Authorization of appropriations—There are authorized to be appropriated for purposes of this section $25,000,000 for each of fiscal years 2020 through 2024. The Secretary may use not more than 2 percent of the amount appropriated for each fiscal year for administrative expenses, including the expenses of providing the technical assistance and oversight activities.
“(m) Definitions—In this section:
“(1) Apprenticeship, apprenticeship program—The term apprenticeship or apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019. Any funds made available under this Act that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets this definition, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program.
“(2) Community college—The term community college has the meaning given the term junior or community college in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).
“(3) Eligible entity—The term eligible entity means an entity that is—
“(A) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); or
“(B) a labor organization or a joint labor management organization.
“(4) Grantee—The term grantee means an eligible entity that has received a grant under this section.
“(5) Lead applicant—The term lead applicant means the eligible entity that is primarily responsible for the preparation, conduct, and administration of the project for which the grant was awarded.
“(6) Secretary—The term Secretary means the Secretary of the Interior, in consultation with the Secretary of Energy, the Secretary of Education, and the Secretary of Labor.
“(7) Carl d. perkins career and technical education act terms—The terms area career and technical education school, qualified intermediary, Tribal educational agency, and work-based learning have the meanings given the terms in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
“(8) Workforce innovation and opportunity act terms—The terms career pathway, dislocated worker, English language acquisition, in-school youth, individuals with barriers to employment, industry or sector partnership, on-the-job training, out-of-school youth, recognized postsecondary credential, supportive services, have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”
F Community Reclamation Partnerships
84601. Reference
Except as otherwise specifically provided, whenever in this subtitle an amendment is expressed in terms of an amendment to a provision, the reference shall be considered to be made to a provision of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
84602. State memoranda of understanding for certain remediation
Memoranda authorized— Section 405 (30 U.S.C. 1235) is amended by inserting after subsection (l) the following:
“(m) State memoranda of understanding for remediation of mine drainage
“(1) In general—A State with a State program approved under subsection (d) may enter into a memorandum of understanding with relevant Federal or State agencies (or both) to remediate mine drainage on abandoned mine land and water impacted by abandoned mines within the State. The memorandum may be updated as necessary and resubmitted for approval under this subsection.
“(2) Memoranda requirements—Such memorandum shall establish a strategy satisfactory to the State and Federal agencies that are parties to the memorandum, to address water pollution resulting from mine drainage at sites eligible for reclamation and mine drainage abatement expenditures under section 404, including specific procedures for—
“(A) ensuring that activities carried out to address mine drainage will result in improved water quality;
“(B) monitoring, sampling, and the reporting of collected information as necessary to achieve the condition required under subparagraph (A);
“(C) operation and maintenance of treatment systems as necessary to achieve the condition required under subparagraph (A); and
“(D) other purposes, as considered necessary by the State or Federal agencies, to achieve the condition required under subparagraph (A).
“(3) Public review and comment
“(A) In general—Before submitting a memorandum to the Secretary and the Administrator for approval, a State shall—
“(i) invite interested members of the public to comment on the memorandum; and
“(ii) hold at least one public meeting concerning the memorandum in a location or locations reasonably accessible to persons who may be affected by implementation of the memorandum.
“(B) Notice of meeting—The State shall publish notice of each meeting not less than 15 days before the date of the meeting, in local newspapers of general circulation, on the Internet, and by any other means considered necessary or desirable by the Secretary and the Administrator.
“(4) Submission and approval—The State shall submit the memorandum to the Secretary and the Administrator of the Environmental Protection Agency for approval. The Secretary and the Administrator shall approve or disapprove the memorandum within 120 days after the date of its submission if the Secretary and Administrator find that the memorandum will facilitate additional activities under the State Reclamation Plan under subsection (e) that improve water quality.
“(5) Treatment as part of State plan—A memorandum of a State that is approved by the Secretary and the Administrator under this subsection shall be considered part of the approved abandoned mine reclamation plan of the State.
“(n) Community Reclaimer partnerships
“(1) Project Approval—Within 120 days after receiving such a submission, the Secretary shall approve a Community Reclaimer project to remediate abandoned mine lands if the Secretary finds that—
“(A) the proposed project will be conducted by a Community Reclaimer as defined in this subsection or approved subcontractors of the Community Reclaimer;
“(B) for any proposed project that remediates mine drainage, the proposed project is consistent with an approved State memorandum of understanding under subsection (m);
“(C) the proposed project will be conducted on a site or sites inventoried under section 403(c);
“(D) the proposed project meets all submission criteria under paragraph (2);
“(E) the relevant State has entered into an agreement with the Community Reclaimer under which the State shall assume all responsibility with respect to the project for any costs or damages resulting from any action or inaction on the part of the Community Reclaimer in carrying out the project, except for costs or damages resulting from gross negligence or intentional misconduct by the Community Reclaimer, on behalf of—
“(i) the Community Reclaimer; and
“(ii) the owner of the proposed project site,
“(F) the State has the necessary legal authority to conduct the project and will obtain all legally required authorizations, permits, licenses, and other approvals to ensure completion of the project;
“(G) the State has sufficient financial resources to ensure completion of the project, including any necessary operation and maintenance costs (including costs associated with emergency actions covered by a contingency plan under paragraph (2)(K)); and
“(H) the proposed project is not in a category of projects that would require a permit under title V.
“(2) Project submission—The State shall submit a request for approval to the Secretary that shall include—
“(A) a description of the proposed project, including any engineering plans that must bear the seal of a professional engineer;
“(B) a description of the proposed project site or sites, including, if relevant, the nature and extent of pollution resulting from mine drainage;
“(C) identification of the past and current owners and operators of the proposed project site;
“(D) the agreement or contract between the relevant State and the Community Reclaimer to carry out the project;
“(E) a determination that the project will facilitate the activities of the State reclamation plan under subsection (e);
“(F) sufficient information to determine whether the Community Reclaimer has the technical capability and expertise to successfully conduct the proposed project;
“(G) a cost estimate for the project and evidence that the Community Reclaimer has sufficient financial resources to ensure the successful completion of the proposed project (including any operation or maintenance costs);
“(H) a schedule for completion of the project;
“(I) an agreement between the Community Reclaimer and the current owner of the site governing access to the site;
“(J) sufficient information to ensure that the Community Reclaimer meets the definition under paragraph (3);
“(K) a contingency plan designed to be used in response to unplanned adverse events that includes emergency actions, response, and notifications; and
“(L) a requirement that the State provide notice to adjacent and downstream landowners and the public and hold a public meeting near the proposed project site before the project is initiated.
“(3) Community Reclaimer defined—For purposes of this section, the term Community Reclaimer means any person who—
“(A) seeks to voluntarily assist a State with a reclamation project under this section;
“(B) did not participate in any way in the creation of site conditions at the proposed project site or activities that caused any lands or waters to become eligible for reclamation or drainage abatement expenditures under section 404;
“(C) is not a past or current owner or operator of any site with ongoing reclamation obligations; and
“(D) is not subject to outstanding violations listed pursuant to section 510(c).”
84603. Clarifying State liability for mine drainage projects
Section 413(d) (30 U.S.C. 1242(d)) is amended in the second sentence by inserting “unless such control or treatment will be conducted in accordance with a State memorandum of understanding approved under section 405(m) of this Act” after “Control Act” the second place it appears.
84604. Conforming amendments
Section 405(f) (30 U.S.C. 1235(f)) is amended—
by striking the “and” after the semicolon in paragraph (6);
by striking the period at the end of paragraph (7) and inserting “; and”; and
by inserting at the end the following:
“(8) a list of projects proposed under subsection (n).”
G Sinkhole hazard identification
84701. Sinkhole hazard identification
Program— The Director of the United States Geological Survey shall establish a program to—
study the short-term and long-term mechanisms that cause sinkholes, including extreme storm events, prolonged droughts causing shifts in water management practices, aquifer depletion, and other major changes in water use; and
develop maps that depict zones that are at greater risk of sinkhole formation.
Review of maps— Once during each 5-year period, or more often as the Director of the United States Geological Survey determines is necessary, the Director shall assess the need to revise and update the maps developed under this section.
Website— The Director of the United States Geological Survey shall establish and maintain a public website that displays the maps developed under this section and other relevant information critical for use by community planners and emergency managers.
V Labor Standards
85101. Labor Standards
Except as otherwise provided in this Act or the amendments made by this Act, and in a manner consistent with this Act or the amendments made by this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by or through the Federal Government pursuant to any provision of this division (or an amendment made by such a provision) shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code, and with respect to the labor standards specified in this section the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.