Section 1 Short title
This Act may be cited as the “Doug LaMalfa Sacramento River Basin Water Security and Reliability Act of 2026”.
Doug LaMalfa Sacramento River Basin Water Security and Reliability Act of 2026
A BILL
To reauthorize the water storage program under Subtitle J of the Water Infrastructure Improvements for the Nation Act, to authorize environmental restoration and recovery in the Sacramento River Basin, to authorize nonreimbursable Federal contribution to operation and maintenance for public benefits of State-led storage projects, to establish a Federal Leadership Committee for the Sacramento River Basin, to authorize the retention of revenue from eligible temporary water transfers for drought resilience, extraordinary maintenance, and dam safety investments, and for other purposes.
Sec. 2 Definitions
In this Act:
Commissioner— The term “Commissioner” means the Commissioner of Reclamation.
Secretary— The term “Secretary” means the Secretary of the Interior.
WIIN Act— The term “WIIN Act” means the Water Infrastructure Improvements for the Nation Act (Public Law 114–322; 130 Stat. 1628).
Sec. 3 Reauthorization of water storage program
Extension of feasibility deadline— Section 4007(i) of the WIIN Act (130 Stat. 1877) is amended by striking “January 1, 2021” and inserting “January 1, 2041”.
Continued applicability— Notwithstanding section 4013 of the WIIN Act (130 Stat. 1883), section 4007 of such Act, as amended by subsection (a), shall remain in effect.
Sec. 4 Federal contribution to operation and maintenance for public benefits of state-led storage projects
Authorization— The Secretary, acting through the Commissioner, is authorized to contribute to the operations, maintenance, and replacement costs associated with public benefits provided by State-led water storage projects that receive financial assistance under section 4007 of the WIIN Act (130 Stat. 1872).
Eligible costs— Federal funds provided under this section may be used only to cover operations, maintenance, and replacement costs directly associated with the public benefits of eligible State-led storage projects.
Cost-Share limitation— The Federal contribution toward operations, maintenance, and replacement costs under this section shall not exceed 50 percent of the total annual costs associated with the public benefits of each eligible project.
Definition of public benefits— In this section, the term “public benefits” means benefits that are in excess of express mitigation and environmental compliance obligations under applicable Federal and State law (including regulations, permits, contracts, licenses, grants, or orders or decisions from Federal and State courts), and that include ecosystem improvements, fish and wildlife enhancements, water quality improvements, recreation, flood control, and other similar benefits as determined by the Secretary.
Nonreimbursable— Any Federal funds provided under this section shall be nonreimbursable to the United States.
Authorization of appropriations— There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.
Sec. 5 Sacramento river basin environmental restoration and recovery
Amendment— Section 4010(b) of the WIIN Act (Public Law 114–322; 130 Stat. 1872) is amended by striking paragraph (2) and inserting the following:
“(2) Actions for benefit of endangered species, important habitat, and sacramento river basin recovery
“(A) In general—There is authorized to be appropriated to the Secretary of the Interior (acting through the Commissioner of Reclamation) $500,000,000 for the period of fiscal years 2028 through 2037—
“(i) for—
“(I) gravel and rearing area additions, fish passage improvements, barrier removal, and habitat restoration to the Sacramento River, its tributaries, or other rivers or river basins affected by the operation of Bureau of Reclamation facilities to benefit species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), including Chinook salmon and steelhead trout;
“(II) scientifically improved and increased real-time monitoring to inform real-time operations of Bureau of Reclamation facilities, and alternative methods, models, and equipment to improve temperature modeling, science, and monitoring to support flow benefits for fish species, and related forecasted information for purposes of predicting impacts to salmon, salmon habitat, species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or other species of concern as a result of water management at Bureau of Reclamation facilities;
“(III) aquatic habitat restoration activities, including floodplain reconnection and reactivation projects (such as off-channel and managed floodplain inundation projects that enhance biological productivity and food web support for fish) that enhance the ability of the Bureau of Reclamation to meet contractual obligations for water deliveries;
“(IV) fish hatchery modernization and construction projects;
“(V) fish screen installations and improvements;
“(VI) introduction or reintroduction of native anadromous fish into streams tributary to the Sacramento River; and
“(VII) structural or operational improvements, including temperature control and associated facilities, necessary to implement activities described in subclauses (I) through (VI); and
“(ii) for planning, design, scientific studies, resource and biological monitoring, environmental reviews, permitting, construction, implementation, and adaptive management associated with any of the activities described in clause (i).
“(B) Nonreimbursable—Any Federal funds provided by the Secretary under this paragraph shall be nonreimbursable to the United States.
“(C) Contract treatment—For purposes of section 203 of the Reclamation Reform Act of 1982 (43 U.S.C. 390cc) or section 3404(a) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4708), a grant, cooperative agreement, partnership agreement, or other financial assistance instrument entered into pursuant to this paragraph shall not be treated as a new or amended contract.”
Effect on sunset— Notwithstanding section 4013 of the WIIN Act (Public Law 114–322; 130 Stat. 1883), section 4010(b)(2) of such Act (as amended by subsection (a)) shall take effect on the date of enactment of this Act.
Sec. 6 Sacramento river basin integrated Water Management Federal Leadership Committee
Findings— Congress finds that—
on October 23, 2024, the United States Bureau of Reclamation, the United States Fish and Wildlife Service, the United States Army Corps of Engineers, the Bureau of Land Management, the Natural Resources Conservation Service, the National Fish and Wildlife Foundation, the California Natural Resources Agency, the California Department of Fish and Wildlife, the California Department of Food and Agriculture, and the California Department of Water Resources entered into the Memorandum of Understanding Advancing Floodplain Forward in the Sacramento River Basin (in this section referred to as the “Sacramento Floodplain MOU”), to coordinate planning, design, implementation, monitoring, and information sharing of conservation projects in the Sacramento River Basin;
the Sacramento Floodplain MOU contemplates Federal-State coordination at a scale that requires standing interagency leadership distinct from project-by-project coordination; and
a Federal leadership committee dedicated to the Sacramento River Basin is necessary to give effect to the Sacramento Floodplain MOU and to accelerate implementation of habitat restoration and water-supply reliability projects in the Basin.
Definitions— In this section:
Committee— The term “Committee” means the Sacramento River Basin Integrated Water Management Federal Leadership Committee established under subsection (c).
Covered project— The term “covered project” means a habitat restoration, floodplain reactivation, hatchery modernization, fish passage, fish screening, water infrastructure, groundwater recharge, working-lands habitat partnership, or fishery monitoring project located in the Sacramento River Basin that supports the recovery of native anadromous fish, improves water-supply reliability, or enhances ecosystem resilience.
Sacramento Floodplain MOU— The term “Sacramento Floodplain MOU” means the Memorandum of Understanding Advancing Floodplain Forward in the Sacramento River Basin, dated October 23, 2024, or any successor instrument.
Establishment— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the Sacramento River Basin Integrated Water Management Federal Leadership Committee, to provide assistance to eligible entities and Federal agencies in advancing covered projects.
Chairperson— The Assistant Secretary of the Interior for Water and Science shall serve as the chairperson of the Committee and shall coordinate the activities of, and communication among, members of the Committee.
Membership— The Committee shall include representatives of each of the Federal signatories to the Sacramento Floodplain MOU, and such other Federal agency representatives as the chairperson determines appropriate, including representatives of—
the Bureau of Reclamation;
the United States Fish and Wildlife Service;
the National Marine Fisheries Service;
the Corps of Engineers;
the Bureau of Land Management;
the Natural Resources Conservation Service;
the Environmental Protection Agency; and
the United States Geological Survey.
State and Tribal participation— The chairperson may invite representatives of the State of California, affected Indian Tribes, and other non-Federal entities to participate in the activities of the Committee as the chairperson determines appropriate.
Duties— The Committee shall—
facilitate interagency coordination with respect to covered projects, including by identifying and resolving regulatory, jurisdictional, and procedural obstacles to project implementation;
identify opportunities for Federal agencies to align existing programs, authorities, and funding streams in support of covered projects;
support implementation of the Sacramento Floodplain MOU and any successor instrument;
coordinate Federal agency activities with the NMFS Recovery Plan for Sacramento River Winter-Run Chinook, the Winter-Run Chinook Salmon Reintroduction Priority Action Plan, and other applicable recovery and restoration plans for native anadromous fish in the Sacramento River Basin;
recommend to Congress priorities for Federal investment in covered projects; and
submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report describing the activities of the Committee and the status of covered projects.
Administrative support— The Secretary shall provide such staff, facilities, and other administrative support as may be necessary to carry out the activities of the Committee.
Termination— The Committee shall terminate on the date that is 15 years after the date of enactment of this Act, unless extended by an Act of Congress.
Sec. 7 Use of revenue for drought resilience investments, extraordinary maintenance activities, or dam safety investments
Definitions— In this section:
Dam safety investment— The term “dam safety investment” means a project undertaken to satisfy dam safety standards—
under the Federal Guidelines for Dam Safety issued by the Federal Emergency Management Agency or the Interagency Committee on Dam Safety;
under the Bureau of Reclamation Dam Safety Program established pursuant to the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506 et seq.), including repayment of an obligation for a corrective action taken pursuant to that program; or
required by the State for a non-Federal dam in which a Bureau of Reclamation project or facility is located.
Drought resilience investment— The term “drought resilience investment” means an improvement or addition to an eligible facility that would increase drought resilience in a Reclamation State (as such term is defined in section 4014 of the WIIN Act (43 U.S.C. 390b note)).
Eligible facility— The term “eligible facility” means—
a project or facility owned by the Bureau of Reclamation; and
a non-Federal facility that stores, transports, or delivers water to or from a project or facility described in subparagraph (A).
Eligible temporary transfer— The term “eligible temporary transfer” means the temporary and voluntary selling, leasing, or exchanging of water or water rights among individuals or agencies that is allowable under the reclamation laws and the water law of the applicable State.
Extraordinary maintenance activity— The term “extraordinary maintenance activity” means annual payments on repayment obligations incurred under section 9603 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b).
Reclamation act— The term “Reclamation Act” means the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
Transferor— The term “transferor” means the holder of a water service, transferred works, water repayment, or other contract that entitles the holder to water from a Bureau of Reclamation project or facility that undertakes an eligible temporary transfer.
Retention of revenue— A transferor may retain all amounts derived from an eligible temporary transfer that would otherwise be deposited in the reclamation fund established by the first section of the Reclamation Act (43 U.S.C. 391), in accordance with this section.
Use of funds— Any funds retained by a transferor under subsection (b) may be used on completion of the repayment of capital attributable to the original construction of the project, if the funds are—
used for a drought resilience investment, extraordinary maintenance activity, or dam safety investment; or
placed in the reserve account of the transferor, to be used for drought resilience investments, extraordinary maintenance activities, or dam safety investments, subject to subsection (d).
Transfer of unused funds to reclamation fund— Any funds placed in the reserve account of the transferor pursuant to subsection (c)(2) that are not used for drought resilience investments, extraordinary maintenance activities, or dam safety investments by the date that is 10 years after the date of the placement shall be transferred to the reclamation fund established by the first section of the Reclamation Act (43 U.S.C. 391) and shall be applied to the transferor’s repayment obligations in the same manner such funds would be applied outside of this section.
Reporting— The transferor shall report to the Commissioner, from time to time as determined by the Commissioner, on the uses of funds derived from an eligible temporary transfer.
Effect—
In general— Nothing in this section—
affects any other authority of the Secretary to use amounts derived from revenues from a Bureau of Reclamation project; or
creates, impairs, alters, or supersedes a State water right.
Applicable law— Any eligible temporary transfer shall comply with all applicable—
State water laws;
Federal laws and policies; and
interstate water compacts.
Applicability— This section applies to the Reclamation Act and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.).
Sec. 8 Savings clauses; rules of construction
WIIN Act section 4012— Nothing in this Act, or any amendment made by this Act, modifies, supersedes, or otherwise alters the protections and limitations set forth in section 4012 of the WIIN Act (Public Law 114–322; 130 Stat. 1882).
Central valley project improvement act— Nothing in this Act, or any amendment made by this Act, modifies, supersedes, or otherwise alters—
any obligation of the Secretary under the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575; 106 Stat. 4706); or
the obligation of the Secretary, acting through the Commissioner, to make water available to managed wetlands and wildlife refuges under section 3406(d) of that Act (106 Stat. 4722).
Settlement and exchange contractor rights— Nothing in this Act, or any amendment made by this Act, modifies or amends—
the rights and obligations of the United States and the Sacramento River Settlement Contractors under their settlement contracts with the United States;
the rights and obligations under the Purchase Contract between Miller and Lux and the United States and the Second Amended Exchange Contract between the United States, Department of the Interior, Bureau of Reclamation, and Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District, and Columbia Canal Company; or
the priority of the Friant Division of the Central Valley Project over other Central Valley Project divisions.
State Water Law— Nothing in this Act, or any amendment made by this Act, preempts or modifies any obligation of the United States or any other person to act in conformance with applicable State law, including applicable State water law.
Tribal trust and treaty rights— Nothing in this Act, or any amendment made by this Act, modifies, supersedes, or otherwise affects—
the trust responsibility of the United States to Indian Tribes;
any treaty right of any Indian Tribe;
any reserved water right of any Indian Tribe; or
any right or obligation under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), including any right or obligation under title V of that Act (25 U.S.C. 5381 et seq.).
Endangered Species Act— Nothing in this Act, or any amendment made by this Act, modifies the applicability of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to any Federal action.
Biological opinions— Nothing in this Act, or any amendment made by this Act, modifies, supersedes, or otherwise alters any requirement of any biological opinion issued under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) governing the coordinated long-term operation of the Central Valley Project and the State Water Project, or any successor biological opinion.
Reclamation fund repayment obligations— Nothing in section 7 of this Act, including the authority to retain amounts derived from eligible temporary transfers under that section, modifies, supersedes, or otherwise alters the underlying repayment obligations of any transferor under any contract with the United States or under any other provision of law, except as expressly provided in section 7.
Severability— If any provision of this Act, or the application of any provision of this Act to any person or circumstance, is held to be invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected.