SEC. 8001. Purpose.
The purpose of this subtitle is to facilitate the transfer of title to Reclamation project facilities to qualifying entities on the completion of repayment of capital costs.
Title VIII — Water and Power
TITLE VIII Water and Power
Subtitle A Reclamation Title Transfer
SEC. 8002. Definitions.
In this subtitle:
Conveyed property.— The term “conveyed property” means an eligible facility that has been conveyed to a qualifying entity under section 8003.
Eligible facility.— The term “eligible facility” means a facility that meets the criteria for potential transfer established under section 8004(a).
Facility.—
In general.— The term “facility” includes a dam or appurtenant works, canal, lateral, ditch, gate, control structure, pumping station, other infrastructure, recreational facility, building, distribution and drainage works, and associated land or interest in land or water.
Exclusions.— The term “facility” does not include a Reclamation project facility, or a portion of a Reclamation project facility—
that is a reserved works as of the date of enactment of this Act;
that generates hydropower marketed by a Federal power marketing administration; or
that is managed for recreation under a lease, permit, license, or other management agreement that does contribute to capital repayment.
Project use power.— The term “project use power” means the electrical capacity, energy, and associated ancillary service components required to provide the minimum electrical service needed to operate or maintain Reclamation project facilities in accordance with the authorization for the Reclamation project.
Qualifying entity.— The term “qualifying entity” means an agency of a State or political subdivision of a State, a joint action or powers agency, a water users association, or an Indian Tribe or Tribal utility authority that—
as of the date of conveyance under this subtitle, is the current operator of the eligible facility pursuant to a contract with Reclamation; and
as determined by the Secretary, has the capacity to continue to manage the eligible facility for the same purposes for which the property has been managed under the reclamation laws.
Reclamation.— The term “Reclamation” means the Bureau of Reclamation.
Reclamation project.— The term “Reclamation project” means—
any reclamation or irrigation project, including incidental features of the project—
that is authorized by the reclamation laws;
that is constructed by the United States pursuant to the reclamation laws; or
in connection with which there is a repayment or water service contract executed by the United States pursuant to the reclamation laws; or
any project constructed by the Secretary for the reclamation of land.
Reserved works.— The term “reserved works” means any building, structure, facility, or equipment—
that is owned by the Bureau; and
for which operations and maintenance are performed, regardless of the source of funding—
by an employee of the Bureau; or
through a contract entered into by the Commissioner.
Secretary.— The term “Secretary” means the Secretary, acting through the Commissioner of Reclamation.
SEC. 8003. Authorization of Transfers of Title to Eligible Facilities.
Authorization.—
In general.— Subject to the requirements of this subtitle, the Secretary, without further authorization from Congress, may, on application of a qualifying entity, convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, if—
not later than 90 days before the date on which the Secretary makes the conveyance, the Secretary submits to Congress—
a written notice of the proposed conveyance; and
a description of the reasons for the conveyance; and
a joint resolution disapproving the conveyance is not enacted before the date on which the Secretary makes the conveyance.
Consultation.— A conveyance under paragraph (1) shall be made by written agreement between the Secretary and the qualifying entity, developed in consultation with any existing water and power customers affected by the conveyance of the eligible facility.
Reservation of Easement.— The Secretary may reserve an easement over a conveyed property if—
the Secretary determines that the easement is necessary for the management of any interests retained by the Federal Government under this subtitle;
the Reclamation project or a portion of the Reclamation project remains under Federal ownership; and
the Secretary enters into an agreement regarding the easement with the applicable qualifying entity.
Interests in Water.— No interests in water shall be conveyed under this subtitle unless the conveyance is provided for in a separate, quantified agreement between the Secretary and the qualifying entity, subject to applicable State law and public process requirements.
SEC. 8004. Eligibility Criteria.
Establishment.— The Secretary shall establish criteria for determining whether a facility is eligible for conveyance under this subtitle.
Minimum Requirements.—
Agreement of qualifying entity.— The criteria established under subsection (a) shall include a requirement that a qualifying entity shall agree—
to accept title to the eligible facility;
to use the eligible facility for substantially the same purposes for which the eligible facility is being used at the time the Secretary evaluates the potential transfer; and
to provide, as consideration for the assets to be conveyed, compensation to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), in an amount that is the equivalent of the net present value of any repayment obligation to the United States or other income stream that the United States derives from the eligible facility to be transferred, as of the date of the transfer.
Determinations of secretary.— The criteria established under subsection (a) shall include a requirement that the Secretary shall—
be able to enter into an agreement with the qualifying entity with respect to the legal, institutional, and financial arrangements relating to the conveyance;
determine that the proposed transfer—
would not have an unmitigated significant 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;
protects the public aspects of the eligible facility, including water rights managed for public purposes, such as flood control or fish and wildlife;
complies with all applicable Federal and State law; and
will not result in an adverse impact on fulfillment of existing water delivery obligations consistent with historical operations and applicable contracts; and
if the eligible facility proposed to be transferred is a dam or diversion works (not including canals or other project features that receive or convey water from the diverting works) diverting water from a water body containing a species listed as a threatened species or an endangered species or critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), determine that—
the eligible facility continues to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in a manner that provides no less protection to the listed species as existed under Federal ownership; and
the eligible facility is not part of the Central Valley Project in the State of California.
Status of reclamation land.— The criteria established under subsection (a) shall require that any land to be conveyed out of Federal ownership under this subtitle is—
land acquired by the Secretary; or
land withdrawn by the Secretary, only if—
the Secretary determines in writing that the withdrawn land is encumbered by facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and
the qualifying entity agrees to pay fair market value based on historical or existing uses for the withdrawn land to be conveyed.
Hold Harmless.— No conveyance under this subtitle shall adversely impact applicable Federal power rates, repayment obligations, or other project power uses.
SEC. 8005. Liability.
In General.— Effective on the date of conveyance of any eligible facility under this subtitle, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the eligible facility, other than damages caused by acts of negligence committed by the United States or by agents or employees of the United States prior to the date of the conveyance.
Effect.— Nothing in this section increases the liability of the United States beyond that currently provided in chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”).
SEC. 8006. Benefits.
After a conveyance of an eligible facility under this subtitle—
the conveyed property shall no longer be considered to be part of a Reclamation project;
except as provided in paragraph (3), the qualifying entity to which the conveyed property is conveyed shall not be eligible to receive any benefits, including project use power, with respect to the conveyed property, except for any benefit that would be available to a similarly situated entity with respect to property that is not a part of a Reclamation project; and
the qualifying entity to which the conveyed property is conveyed may be eligible to receive project use power if—
the qualifying entity is receiving project use power as of the date of enactment of this Act;
the project use power will be used for the delivery of Reclamation project water; and
the Secretary and the qualifying entity enter into an agreement under which the qualifying entity agrees to continue to be responsible for a proportionate share of operation and maintenance and capital costs for the Federal facilities that generate and deliver, if applicable, power used for delivery of Reclamation project water after the date of conveyance, in accordance with Reclamation project use power rates.
SEC. 8007. Compliance with Other Laws.
In General.— Before conveying an eligible facility under this subtitle, 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.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
Sense of Congress.— It is the sense of Congress that any Federal permitting and review processes required with respect to a conveyance of an eligible facility under this subtitle should be completed with the maximum efficiency and effectiveness.
Subtitle B Endangered Fish Recovery Programs
SEC. 8101. Extension of Authorization for Annual Base Funding of Fish Recovery Programs; Removal of Certain Reporting Requirement.
Section 3(d) of Public Law 106–392 (114 Stat. 1604; 126 Stat. 2444) is amended—
by striking paragraph (1) and inserting the following:
“(1) Authorization of appropriations.—
“(A) In general.—There is authorized to be appropriated to the Secretary to be used by the Bureau of Reclamation to make the annual base funding contributions to the Recovery Implementation Programs $10,000,000 for each of fiscal years 2020 through 2023.
“(B) Nonreimursable funds.—The funds contributed to the Recovery Implementation Programs under subparagraph (A) shall be considered a nonreimbursable Federal expenditure.”
; and
in paragraph (2), by striking the fourth, fifth, sixth, and seventh sentences.
SEC. 8102. Report on Recovery Implementation Programs.
Section 3 of Public Law 106–392 (114 Stat. 1603; 126 Stat. 2444) is amended by adding at the end the following:
“(j) Report.—
“(1) In general.—Not later than September 30, 2021, the Secretary shall submit to the appropriate committees of Congress a report that—
“(A) describes the accomplishments of the Recovery Implementation Programs;
“(B) identifies—
“(i) as of the date of the report, the listing status under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) of the Colorado pikeminnow, humpback chub, razorback sucker, and bonytail; and
“(ii) as of September 30, 2023, the projected listing status under that Act of each of the species referred to in clause (i);
“(C)
(i) identifies—
“(I) the total expenditures and the expenditures by categories of activities by the Recovery Implementation Programs during the period beginning on the date on which the applicable Recovery Implementation Program was established and ending on September 30, 2021; and
“(II) projected expenditures by the Recovery Implementation Programs during the period beginning on October 1, 2021, and ending on September 30, 2023; and
“(ii) for purposes of the expenditures identified under clause (i), includes a description of—
“(I) any expenditures of appropriated funds;
“(II) any power revenues;
“(III) any contributions by the States, power customers, Tribes, water users, and environmental organizations; and
“(IV) any other sources of funds for the Recovery Implementation Programs; and
“(D) describes—
“(i) any activities to be carried out under the Recovery Implementation Program after September 30, 2023; and
“(ii) the projected cost of the activities described under clause (i).
“(2) Consultation required.—The Secretary shall consult with the participants in the Recovery Implementation Programs in preparing the report under paragraph (1).”
Subtitle C Yakima River Basin Water Enhancement Project
SEC. 8201. Authorization of Phase Iii.
Definitions.— In this section:
Integrated plan.— The term “Integrated Plan” means the Yakima River Basin Integrated Water Resource Management Plan, the Federal elements of which are known as “phase III of the Yakima River Basin Water Enhancement Project”, as described in the Bureau of Reclamation document entitled “Record of Decision for the Yakima River Basin Integrated Water Resource Management Plan Final Programmatic Environmental Impact Statement” and dated March 2, 2012.
Irrigation entity.— The term “irrigation entity” means a district, project, or State-recognized authority, board of control, agency, or entity located in the Yakima River basin that manages and delivers irrigation water to farms in the Yakima River basin.
Proratable irrigation entity.— The term “proratable irrigation entity” means an irrigation entity that possesses, or the members of which possess, proratable water (as defined in section 1202 of Public Law 103–434 (108 Stat. 4551)).
State.— The term “State” means the State of Washington.
Total water supply available.— The term “total water supply available” has the meaning given the term in applicable civil actions, as determined by the Secretary.
Yakima river basin water enhancement project.— The term “Yakima River Basin Water Enhancement Project” means the Yakima River basin water enhancement project authorized by Congress pursuant to title XII of Public Law 103–434 (108 Stat. 4550; 114 Stat. 1425) and other Acts (including Public Law 96–162 (93 Stat. 1241), section 109 of Public Law 98–381 (16 U.S.C. 839b note), and Public Law 105–62 (111 Stat. 1320)) to promote water conservation, water supply, habitat, and stream enhancement improvements in the Yakima River basin.
Integrated Plan.—
Initial development phase.—
In general.— As the initial development phase of the Integrated Plan, the Secretary, in coordination with the State and the Yakama Nation, shall identify and implement projects under the Integrated Plan that are prepared to be commenced during the 10-year period beginning on the date of enactment of this Act.
Requirement.— The initial development phase of the Integrated Plan under subparagraph (A) shall be carried out in accordance with—
this subsection, including any related plans, reports, and correspondence referred to in this subsection; and
title XII of Public Law 103–434 (108 Stat. 4550; 114 Stat. 1425).
Intermediate and final development phases.—
Plans.— The Secretary, in coordination with the State and the Yakama Nation, shall develop plans for the intermediate and final development phases of the Integrated Plan to achieve the purposes of title XII of Public Law 103–434 (108 Stat. 4550; 114 Stat. 1425), including conducting applicable feasibility studies, environmental reviews, and other relevant studies required to develop those plans.
Intermediate development phase.— The Secretary, in coordination with the State and the Yakama Nation, shall develop an intermediate development phase of the Integrated Plan, to commence not earlier than the date that is 10 years after the date of enactment of this Act.
Final development phase.— The Secretary, in coordination with the State and the Yakama Nation, shall develop a final development phase of the Integrated Plan, to commence not earlier than the date that is 20 years after the date of enactment of this Act.
Requirements.— The projects and activities identified by the Secretary for implementation under the Integrated Plan shall be carried out only—
subject to authorization and appropriation;
contingent on the completion of applicable feasibility studies, environmental reviews, and cost-benefit analyses that include favorable recommendations for further project development;
on public review and a determination by the Secretary that design, construction, and operation of a proposed project or activity is in the best interest of the public; and
in accordance with applicable laws, including—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Effect of subsection.— Nothing in this subsection—
shall be considered to be a new or supplemental benefit for purposes of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.);
affects—
any contract in existence on the date of enactment of this Act that was executed pursuant to the reclamation laws; or
any contract or agreement between the Bureau of Indian Affairs and the Bureau of Reclamation;
affects, waives, abrogates, diminishes, defines, or interprets any treaty between the Yakama Nation and the United States; or
constrains the authority of the Secretary to provide fish passage in the Yakima River basin, in accordance with the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.).
Progress report.— Not later than 5 years after the date of enactment of this Act, the Secretary, in conjunction with the State and in consultation with the Yakama Nation, 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 progress report on the development and implementation of the Integrated Plan.
Financing, Construction, Operation, and Maintenance of Kachess Drought Relief Pumping Plant and Keechelus to Kachess Pipeline.—
Long-term agreements.—
In general.— A long-term agreement negotiated pursuant to this section or the reclamation laws between the Secretary and a participating proratable irrigation entity in the Yakima River basin for the non-Federal financing, construction, operation, or maintenance of the Drought Relief Pumping Plant or the Keechelus to Kachess Pipeline shall include provisions regarding—
responsibilities of each participating proratable irrigation entity for—
the planning, design, and construction of infrastructure, in consultation and coordination with the Secretary; and
the pumping and operational costs necessary to provide the total water supply available that is made inaccessible due to drought pumping during any preceding calendar year, if the Kachess Reservoir fails to refill as a result of pumping drought storage water during such a calendar year;
property titles and responsibilities of each participating proratable irrigation entity for the maintenance of, and liability for, all infrastructure constructed under title XII of Public Law 103–434 (108 Stat. 4550; 114 Stat. 1425);
operation and integration of the projects by the Secretary in the operation of the Yakima Project; and
costs associated with the design, financing, construction, operation, maintenance, and mitigation of projects, with the costs of Federal oversight and review to be nonreimbursable to the participating proratable irrigation entities and the Yakima Project.
Treatment.— A facility developed or operated by a participating proratable irrigation entity under this subsection shall not be considered to be a supplemental work for purposes of section 9(a) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(a)).
Kachess reservoir.—
In general.— Any additional stored water made available by the construction of a facility to access and deliver inactive and natural storage in Kachess Lake and Reservoir under this subsection—
shall be considered to be Yakima Project water;
shall be used exclusively by the Secretary to enhance the water supply during years for which the total water supply available is not sufficient to provide a percentage of proratable entitlements in order to make that additional water available, in a quantity representing not more than 70 percent of proratable entitlements to the Kittitas Reclamation District, the Roza Irrigation District, or any other proratable irrigation entity participating in the construction, operation, or maintenance costs of a facility under this section, in accordance with such terms and conditions as the districts may agree, subject to the conditions that—
the Bureau of Indian Affairs, the Wapato Irrigation Project, and the Yakama Nation, on an election to participate, may also obtain water from Kachess Reservoir inactive storage to enhance applicable existing irrigation water supply in accordance with such terms and conditions as the Bureau of Indian Affairs and the Yakama Nation may agree; and
the additional supply made available under this clause shall be available to participating individuals and entities based on—
the proportion that—
the proratable entitlement of each participating individual or entity; bears to
the proratable entitlements of all participating individuals and entities; or
such other proportion as the participating entities may agree; and
shall not be any portion of the total water supply available.
Effect of paragraph.— Nothing in this paragraph affects, as in existence on the date of enactment of this Act, any—
contract;
law (including regulations) relating to repayment costs;
water rights; or
treaty right of the Yakama Nation.
Project power for kachess pumping plant.—
In general.— Subject to subparagraphs (B) through (D), the Administrator of the Bonneville Power Administration, pursuant to the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839 et seq.), shall provide to the Secretary project power to operate the Kachess Pumping Plant constructed under this section if inactive storage in the Kachess Reservoir is needed to provide drought relief for irrigation.
Determinations by secretary.— The project power described in subparagraph (A) may be provided only if the Secretary determines that—
there are in effect—
a drought declaration issued by the State; and
conditions that have led to 70 percent or lower water delivery to proratable irrigation districts; and
it is appropriate to provide the power under that subparagraph.
Period of availability.— The power described in subparagraph (A) shall be provided during the period—
beginning on the date on which the Secretary makes the determinations described in subparagraph (B); and
ending on the earlier of—
the date that is 1 year after that date; and
the date on which the Secretary determines that—
drought mitigation measures are still necessary in the Yakima River basin; or
the power should no longer be provided for any other reason.
Rate.—
In general.— The Administrator of the Bonneville Power Administration shall provide project power under subparagraph (A) at the then-applicable lowest Bonneville Power Administration rate for public body, cooperative, and Federal agency customer firm obligations on the date on which the authority is provided.
No discounts.— The rate under clause (i) shall not include any irrigation discount.
Local provider.— During any period for which project power is not provided under subparagraph (A), the Secretary shall obtain power to operate the Kachess Pumping Plant from a local provider.
Other costs.— The cost of power for pumping and station service, and the costs of transmitting power from the Federal Columbia River power system to the pumping facilities of the Yakima River Basin Water Enhancement Project, shall be borne by the irrigation districts receiving the benefits of the applicable water.
Duties of commissioner.— For purposes of this paragraph, the Commissioner of Reclamation shall arrange transmission for any delivery of—
Federal power over the Bonneville system through applicable tariff and business practice processes of that system; or
power obtained from any local provider.
Design and Use of Groundwater Recharge Projects.— The Secretary, in coordination with the State and the Yakama Nation, may provide technical assistance for, participate in, and enter into agreements, including with irrigation entities for the use of excess conveyance capacity in Yakima River Basin Water Enhancement Project facilities, for—
groundwater recharge projects; and
aquifer storage and recovery projects.
Operational Control of Water Supplies.—
In general.— The Secretary shall retain authority and discretion over the management of Yakima River Basin Water Enhancement Project supplies—
to optimize operational use and flexibility; and
to ensure compliance with all applicable Federal and State laws, treaty rights of the Yakama Nation, and legal obligations, including those under title XII of Public Law 103–434 (108 Stat. 4550; 114 Stat. 1425).
Inclusion.— The authority and discretion described in paragraph (1) shall include the ability of the United States to store, deliver, conserve, and reuse water supplies deriving from projects authorized under title XII of Public Law 103–434 (108 Stat. 4550; 114 Stat. 1425).
Cooperative Agreements and Grants.— The Secretary may enter into cooperative agreements and make grants to carry out this section, including for the purposes of land and water transfers, leases, and acquisitions from willing participants, subject to the condition that the acquiring entity shall hold title to, and be responsible for, all required operation, maintenance, and management of the acquired land or water during any period in which the acquiring entity holds title to the acquired land.
Water Conservation Projects.— The Secretary may participate in, provide funding for, and accept non-Federal financing for water conservation projects, regardless of whether the projects are in accordance with the Yakima River Basin Water Conservation Program established under section 1203 of Public Law 103–434 (108 Stat. 4551), that are intended to partially implement the Integrated Plan by providing conserved water to improve tributary and mainstem stream flow.
Indian Irrigation Projects.—
In general.— The Secretary, acting through the Commissioner of Reclamation, may contribute funds for the preparation of plans and investigation measures, and, after the date on which the Secretary certifies that the measures are consistent with the water conservation objectives of this section, to any Indian irrigation project—
that is located in the Pacific Northwest Region;
that is identified in the report of the Government Accountability Office numbered GAO–15–453T;
that has been identified as part of a Bureau of Reclamation basin study pursuant to subtitle F of title IX of Public Law 111–11 (42 U.S.C. 10361 et seq.) to increase water supply for the Pacific Northwest Region; and
an improvement to which would contribute to the flow of interstate water.
Authorization of appropriations.— There is authorized to be appropriated to carry out this subsection $75,000,000.
SEC. 8202. Modification of Purposes and Definitions.
Purposes.— Section 1201 of Public Law 103–434 (108 Stat. 4550) is amended—
by striking paragraph (1) and inserting the following:
“(1) to protect, mitigate, and enhance fish and wildlife and the recovery and maintenance of self-sustaining harvestable populations of fish and other aquatic life, both anadromous and resident species, throughout their historic distribution range in the Yakima Basin through—
“(A) improved water management and the constructions of fish passage at storage and diversion dams, as authorized under the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.);
“(B) improved instream flows and water supplies;
“(C) improved water quality, watershed, and ecosystem function;
“(D) protection, creation, and enhancement of wetlands; and
“(E) other appropriate means of habitat improvement;”
in paragraph (2), by inserting “ , municipal, industrial, and domestic water supply and use purposes, especially during drought years, including reducing the frequency and severity of water supply shortages for pro-ratable irrigation entities” before the semicolon at the end;
by striking paragraph (4);
by redesignating paragraph (3) as paragraph (4);
by inserting after paragraph (2) the following:
“(3) to authorize the Secretary to make water available for purchase or lease for meeting municipal, industrial, and domestic water supply purposes;”
by redesignating paragraphs (5) and (6) as paragraphs (6) and (8), respectively;
by inserting after paragraph (4) (as redesignated by paragraph (4)) the following:
“(5) to realize sufficient water savings from implementing the Yakima River Basin Integrated Water Resource Management Plan, so that not less than 85,000 acre feet of water savings are achieved by implementing the initial development phase of the Integrated Plan pursuant to section 8201(b)(1) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, in addition to the 165,000 acre-feet of water savings targeted through the Basin Conservation Program, as authorized on October 31, 1994;”
in paragraph (6) (as redesignated by paragraph (6))—
by inserting “ an increase in” before “ voluntary”; and
by striking “ and” at the end;
by inserting after paragraph (6) (as so redesignated) the following:
“(7) to encourage an increase in the use of, and reduce the barriers to, water transfers, leasing, markets, and other voluntary transactions among public and private entities to enhance water management in the Yakima River basin;”
in paragraph (8) (as so redesignated), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(9) to improve the resilience of the ecosystems, economies, and communities in the Yakima River basin facing drought, hydrologic changes, and other related changes and variability in natural and human systems, for the benefit of the people, fish, and wildlife of the region.”
Definitions.— Section 1202 of Public Law 103–434 (108 Stat. 4550) is amended—
by redesignating paragraphs (6), (7), (8), (9), (10), (11), (12), (13), and (14) as paragraphs (8), (10), (11), (12), (13), (14), (15), (17), and (18), respectively;
by inserting after paragraph (5) the following:
“(6) Designated federal official.—The term ‘designated Federal official’ means the Commissioner of Reclamation (or a designee), acting pursuant to the charter of the Conservation Advisory Group.
“(7) Integrated plan.—The term ‘Integrated Plan’ has the meaning given the term in section 8201(a) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, to be carried out in cooperation with, and in addition to, activities of the State of Washington and the Yakama Nation.”
by inserting after paragraph (8) (as redesignated by paragraph (1)) the following:
“(9) Municipal, industrial, and domestic water supply and use.—The term ‘municipal, industrial, and domestic water supply and use’ means the supply and use of water for—
“(A) domestic consumption (whether urban or rural);
“(B) maintenance and protection of public health and safety;
“(C) manufacture, fabrication, processing, assembly, or other production of a good or commodity;
“(D) production of energy;
“(E) fish hatcheries; or
“(F) water conservation activities relating to a use described in subparagraphs (A) through (E).”
; and
by inserting after paragraph (15) (as so redesignated) the following:
“(16) Yakima enhancement project; yakima river basin water enhancement project.—The terms ‘Yakima Enhancement Project’ and ‘Yakima River Basin Water Enhancement Project’ mean the Yakima River basin water enhancement project authorized by Congress pursuant to this Act and other Acts (including Public Law 96–162 (93 Stat. 1241), section 109 of Public Law 98–381 (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105–62 (111 Stat. 1320), and Public Law 106–372 (114 Stat. 1425)) to promote water conservation, water supply, habitat, and stream enhancement improvements in the Yakima River basin.”
SEC. 8203. Yakima River Basin Water Conservation Program.
Section 1203 of Public Law 103–434 (108 Stat. 4551) is amended—
in subsection (a)—
in paragraph (1)—
in the second sentence, by striking “ title” and inserting “ section”; and
in the third sentence, by striking “ within 5 years of the date of enactment of this Act”; and
in paragraph (2), by striking “ irrigation” and inserting “ the number of irrigated acres”;
in subsection (c)—
in paragraph (2)—
in each of subparagraphs (A) through (D), by striking the comma at the end of the subparagraph and inserting a semicolon;
in subparagraph (E), by striking the comma at the end and inserting “ ; and”;
in subparagraph (F), by striking “ Department of Wildlife of the State of Washington, and” and inserting “ Department of Fish and Wildlife of the State of Washington.”; and
by striking subparagraph (G);
in paragraph (3)—
in each of subparagraphs (A) through (C), by striking the comma at the end of the subparagraph and inserting a semicolon;
in subparagraph (D), by striking “ , and” at the end and inserting a semicolon;
in subparagraph (E), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(F) provide recommendations to advance the purposes and programs of the Yakima Enhancement Project, including the Integrated Plan.”
; and
by striking paragraph (4) and inserting the following:
“(4) Authority of designated federal official.—The designated Federal official may—
“(A) arrange and provide logistical support for meetings of the Conservation Advisory Group;
“(B) use a facilitator to serve as a moderator for meetings of the Conservation Advisory Group or provide additional logistical support; and
“(C) grant any request for a facilitator by any member of the Conservation Advisory Group.”
in subsection (d), by adding at the end the following:
“(4) Payment of local share by state or federal government.—
“(A) In general.—The State or the Federal Government may fund not more than the 17.5-percent local share of the costs of the Basin Conservation Program in exchange for the long-term use of conserved water, subject to the requirement that the funding by the Federal Government of the local share of the costs shall provide a quantifiable public benefit in meeting Federal responsibilities in the Yakima River basin and the purposes of this title.
“(B) Use of conserved water.—The Yakima Project Manager may use water resulting from conservation measures taken under this title, in addition to water that the Bureau of Reclamation may acquire from any willing seller through purchase, donation, or lease, for water management uses pursuant to this title.”
in subsection (e), by striking the first sentence and inserting the following: “ To participate in the Basin Conservation Program, as described in subsection (b), an entity shall submit to the Secretary a proposed water conservation plan.”;
in subsection (i)(3)—
by striking “ purchase or lease” each place it appears and inserting “ purchase, lease, or management”; and
in the third sentence, by striking “ made immediately upon availability” and all that follows through “ Committee” and inserting “ continued as needed to provide water to be used by the Yakima Project Manager as recommended by the System Operations Advisory Committee and the Conservation Advisory Group”; and
in subsection (j)(4), in the first sentence, by striking “ initial acquisition” and all that follows through “ flushing flows” and inserting “ acquisition of water from willing sellers or lessors specifically to provide improved instream flows for anadromous and resident fish and other aquatic life, including pulse flows to facilitate outward migration of anadromous fish”.
SEC. 8204. Yakima Basin Water Projects, Operations, and Authorizations.
Redesignation of Yakama Nation.— Section 1204(g) of Public Law 103–434 (108 Stat. 4557) is amended—
by striking the subsection designation and heading and all that follows through paragraph (1) and inserting the following:
“(g) Redesignation of Yakama Indian Nation to Yakama Nation.—
“(1) Redesignation.—The Confederated Tribes and Bands of the Yakama Indian Nation shall be known and designated as the ‘Confederated Tribes and Bands of the Yakama Nation’.”
; and
in paragraph (2), by striking “ deemed to be a reference to the ‘Confederated Tribes and Bands of the Yakama Indian Nation’.” and inserting “ deemed to be a reference to the ‘Confederated Tribes and Bands of the Yakama Nation’.”.
Operation of Yakima Basin Projects.— Section 1205 of Public Law 103–434 (108 Stat. 4557) is amended—
in subsection (a)(4)—
in subparagraph (A)—
in clause (i)—
by inserting “ additional” after “ secure”;
by striking “ flushing” and inserting “ pulse”; and
by striking “ uses” and inserting “ uses, in addition to the quantity of water provided under the treaty between the Yakama Nation and the United States”;
by striking clause (ii);
by redesignating clause (iii) as clause (ii); and
in clause (ii) (as so redesignated) by inserting “ and water rights mandated” after “ goals”; and
in subparagraph (B)(i), in the first sentence, by inserting “ in proportion to the funding received” after “ Program”;
in subsection (b), in the second sentence, by striking “ instream flows for use by the Yakima Project Manager as flushing flows or as otherwise” and inserting “ fishery purposes, as”; and
in subsection (e), by striking paragraph (1) and inserting the following:
“(1) In general.—Additional purposes of the Yakima Project shall be any of the following:
“(A) To recover and maintain self-sustaining harvestable populations of native fish, both anadromous and resident species, throughout their historic distribution range in the Yakima River basin.
“(B) To protect, mitigate, and enhance aquatic life and wildlife.
“(C) Recreation.
“(D) Municipal, industrial, and domestic use.”
Enhancement of Water Supplies for Yakima Basin Tributaries.— Section 1207 of Public Law 103–434 (108 Stat. 4560) is amended—
in the section heading, by striking “ supplies” and inserting “ management”;
in subsection (a)—
in the matter preceding paragraph (1), by striking “ supplies” and inserting “ management”;
in paragraph (1), by inserting “ and water supply entities” after “ owners”; and
in paragraph (2)—
in subparagraph (A), by inserting “ that choose not to participate in, or opt out of, tributary enhancement projects pursuant to this section” after “ water right owners”; and
in subparagraph (B), by inserting “ nonparticipating” before “ tributary water users”;
in subsection (b)—
in paragraph (1)—
by striking the paragraph designation and all that follows through “ (but not limited to)—” and inserting the following:
“(1) In general.—The Secretary, following consultation with the State of Washington, tributary water right owners, and the Yakama Nation, and on agreement of appropriate water right owners, is authorized to conduct studies to evaluate measures to further Yakima Project purposes on tributaries to the Yakima River. Enhancement programs that use measures authorized by this subsection may be investigated and implemented by the Secretary in tributaries to the Yakima River, including Taneum Creek, other areas, or tributary basins that currently or could potentially be provided supplemental or transfer water by entities, such as the Kittitas Reclamation District or the Yakima-Tieton Irrigation District, subject to the condition that activities may commence on completion of applicable and required feasibility studies, environmental reviews, and cost-benefit analyses that include favorable recommendations for further project development, as appropriate. Measures to evaluate include—”
by indenting subparagraphs (A) through (F) appropriately;
in subparagraph (A), by inserting before the semicolon at the end the following: “ , including irrigation efficiency improvements (in coordination with programs of the Department of Agriculture), consolidation of diversions or administration, and diversion scheduling or coordination”;
by redesignating subparagraphs (C) through (F) as subparagraphs (E) through (H), respectively;
by inserting after subparagraph (B) the following:
“(C) improvements in irrigation system management or delivery facilities within the Yakima River basin when those improvements allow for increased irrigation system conveyance and corresponding reduction in diversion from tributaries or flow enhancements to tributaries through direct flow supplementation or groundwater recharge;
“(D) improvements of irrigation system management or delivery facilities to reduce or eliminate excessively high flows caused by the use of natural streams for conveyance or irrigation water or return water;”
in subparagraph (E) (as redesignated by clause (iv)), by striking “ ground water” and inserting “ groundwater recharge and”;
in subparagraph (G) (as so redesignated), by inserting “ or transfer” after “ purchase”; and
in subparagraph (H) (as so redesignated), by inserting “ stream processes and” before “ stream habitats”;
in paragraph (2)—
in the matter preceding subparagraph (A), by striking “ the Taneum Creek study” and inserting “ studies under this subsection”;
in subparagraph (B)—
by striking “ and economic” and inserting “ , infrastructure, economic, and land use”; and
by striking “ and” at the end;
in subparagraph (C), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(D) any related studies already underway or undertaken.”
; and
in paragraph (3), in the first sentence, by inserting “ of each tributary or group of tributaries” after “ study”;
in subsection (c)—
in the subsection heading, by inserting “ and Nonsurface Storage” after “ Nonstorage”; and
in the matter preceding paragraph (1), by inserting “ and nonsurface storage” after “ nonstorage”;
by striking subsection (d);
by redesignating subsection (e) as subsection (d); and
in paragraph (2) of subsection (d) (as so redesignated)—
in the first sentence—
by inserting “ and implementation” after “ investigation”;
by striking “ other” before “ Yakima River”; and
by inserting “ and other water supply entities” after “ owners”; and
by striking the second sentence.
Chandler Pumping Plant and Powerplant-operations at Prosser Diversion Dam.— Section 1208(d) of Public Law 103–434 (108 Stat. 4562; 114 Stat. 1425) is amended by inserting “ negatively” before “ affected”.
Subtitle D Bureau of Reclamation Facility Conveyances
SEC. 8301. Conveyance of Maintenance Complex and District Office of the Arbuckle Project, Oklahoma.
Definitions.— In this section:
Agreement.— The term “Agreement” means the agreement entitled “Agreement between the United States and the Arbuckle Master Conservancy District for Transferring Title to the Federally Owned Maintenance Complex and District Office to the Arbuckle Master Conservancy District” and numbered 14AG640141.
District.— The term “District” means the Arbuckle Master Conservancy District, located in Murray County, Oklahoma.
District office.— The term “District Office” means—
the headquarters building located at 2440 East Main, Davis, Oklahoma; and
the approximately 0.83 acres of land described in the Agreement.
Maintenance complex.— The term “Maintenance Complex” means the caretaker’s residence, shop buildings, and any appurtenances located on the land described in the Agreement comprising approximately 2 acres.
Conveyance to District.— As soon as practicable after the date of enactment of this Act, the Secretary shall convey to the District, all right, title, and interest of the United States in and to the Maintenance Complex and District Office, Arbuckle Project, Oklahoma, consistent with the terms and conditions of the Agreement.
Liability.—
In general.— Effective on the date of conveyance to the District of the Maintenance Complex and District Office under this section, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the Maintenance Complex or District Office, except for damages caused by acts of negligence committed by the United States or by an employee or agent of the United States prior to the date of conveyance.
Applicable law.— Nothing in this section increases the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”), on the date of enactment of this Act.
Benefits.— After the conveyance of the Maintenance Complex and District Office to the District under this section—
the Maintenance Complex and District Office shall not be considered to be a part of a Federal reclamation project; and
the District shall not be eligible to receive any benefits with respect to any facility comprising that Maintenance Complex and District Office, other than benefits that would be available to a similarly situated person with respect to a facility that is not part of a Federal reclamation project.
Communication.— If the Secretary has not completed the conveyance required under subsection (b) by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a letter with sufficient detail that—
explains the reasons the conveyance has not been completed; and
specifies the date by which the conveyance will be completed.
SEC. 8302. Contra Costa Canal Transfer.
Definitions.— In this section:
Acquired land.— The term “acquired land” means land in Federal ownership and land over which the Federal Government holds an interest for the purpose of the construction and operation of the Contra Costa Canal, including land under the jurisdiction of—
the Bureau of Reclamation;
the Western Area Power Administration; and
the Department of Defense in the case of the Clayton Canal diversion traversing the Concord Naval Weapons Station.
Contra costa canal.—
In general.— The term “Contra Costa Canal” means the Contra Costa Canal Unit of the Central Valley Project, which exclusively serves the Contra Costa Water District in an urban area of Contra Costa County, California.
Inclusions.— The term “Contra Costa Canal” includes pipelines, conduits, pumping plants, aqueducts, laterals, water storage and regulatory facilities, electric substations, related works and improvements, and all interests in land associated with the Contra Costa Canal Unit of the Central Valley Project in existence on the date of enactment of this Act.
Exclusion.— The term “Contra Costa Canal” does not include the Rock Slough fish screen facility.
Contra costa canal agreement.— The term “Contra Costa Canal Agreement” means an agreement between the District and the Bureau of Reclamation to determine the legal, institutional, and financial terms surrounding the transfer of the Contra Costa Canal, including compensation to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), equal to the net present value of miscellaneous revenues that the United States would otherwise derive over the 10 years following the date of enactment of this Act from the eligible land and facilities to be transferred, as governed by reclamation law and policy and the contracts.
Contracts.— The term “contracts” means the existing water service contract between the District and the United States, Contract No. 175r–3401A–LTR1 (2005), Contract No. 14–06–200–6072A (1972, as amended), and any other contract or land permit involving the United States, the District, and Contra Costa Canal.
District.— The term “District” means the Contra Costa Water District, a political subdivision of the State of California.
Rock slough fish screen facility.—
In general.— The term “Rock Slough fish screen facility” means the fish screen facility at the Rock Slough intake to the Contra Costa Canal.
Inclusions.— The term “Rock Slough fish screen facility” includes the screen structure, rake cleaning system, and accessory structures integral to the screen function of the Rock Slough fish screen facility, as required under the Central Valley Project Improvement Act (Public Law 102–575; 106 Stat. 4706).
Rock slough fish screen facility title transfer agreement.— The term “Rock Slough fish screen facility title transfer agreement” means an agreement between the District and the Bureau of Reclamation to—
determine the legal, institutional, and financial terms surrounding the transfer of the Rock Slough fish screen facility; and
ensure the continued safe and reliable operations of the Rock Slough fish screen facility.
Conveyance of Land and Facilities.—
In general.— Not later than 180 days after the date of enactment of this Act, in consideration for the District assuming from the United States all liability for the administration, operation, maintenance, and replacement of the Contra Costa Canal, consistent with the terms and conditions set forth in the Contra Costa Canal Agreement and subject to valid existing rights and existing recreation agreements between the Bureau of Reclamation and the East Bay Regional Park District for Contra Loma Regional Park and other local agencies within the Contra Costa Canal, the Secretary shall offer to convey and assign to the District—
all right, title, and interest of the United States in and to—
the Contra Costa Canal; and
the acquired land; and
all interests reserved and developed as of the date of enactment of this Act for the Contra Costa Canal in the acquired land, including existing recreation agreements between the Bureau of Reclamation and the East Bay Regional Park District for Contra Loma Regional Park and other local agencies within the Contra Costa Canal.
Rock slough fish screen facility.—
In general.— The Secretary shall convey and assign to the District all right, title, and interest of the United States in and to the Rock Slough fish screen facility pursuant to the Rock Slough fish screen facility title transfer agreement.
Cooperation.— Not later than 180 days after the conveyance of the Contra Costa Canal, the Secretary and the District shall enter into good faith negotiations to accomplish the conveyance and assignment under subparagraph (A).
Payment of costs.— The District shall pay to the Secretary any administrative and real estate transfer costs incurred by the Secretary in carrying out the conveyances and assignments under paragraphs (1) and (2), including the cost of any boundary survey, title search, cadastral survey, appraisal, and other real estate transaction required for the conveyances and assignments.
Compliance with environmental laws.—
In general.— Before carrying out the conveyances and assignments under paragraphs (1) and (2), the Secretary shall comply with all applicable requirements under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
any other law applicable to the Contra Costa Canal or the acquired land.
Effect.— Nothing in this section modifies or alters any obligations under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Relationship to Existing Central Valley Project Contracts.—
In general.— Nothing in this section affects—
the application of the reclamation laws to water delivered to the District pursuant to any contract with the Secretary; or
subject to paragraph (2), the contracts.
Amendments to contracts.— The Secretary and the District may modify the contracts as necessary to comply with this section.
Liability.—
In general.— Except as provided in subparagraph (B), the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the Contra Costa Canal or the acquired land.
Exception.— The United States shall continue to be liable for damages caused by acts of negligence committed by the United States or by any employee or agent of the United States before the date of the conveyance and assignment under subsection (b)(1), consistent with chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”).
Limitation.— Nothing in this section increases the liability of the United States beyond the liability provided under chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”).
Report.— If the conveyance and assignment authorized by subsection (b)(1) is not completed by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that—
describes the status of the conveyance and assignment;
describes any obstacles to completing the conveyance and assignment; and
specifies an anticipated date for completion of the conveyance and assignment.
Subtitle E Project Authorizations
SEC. 8401. Extension of Equus Beds Division of the Wichita Project.
Section 10(h) of Public Law 86–787 (74 Stat. 1026; 120 Stat. 1474) is amended by striking “ 10 years” and inserting “ 20 years”.
Subtitle F Modifications of Existing Programs
SEC. 8501. Watersmart.
Section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended in subsection (a)—
in paragraph (2)(A)—
by striking “ within the States” and inserting the following:
“(i) the States”
in clause (i) (as so designated), by striking “ and” at the end; and
by adding at the end the following:
“(ii) the State of Alaska; or
“(iii) the State of Hawaii; and”
; and
in paragraph (3)(B)—
by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;
in the matter preceding subclause (I) (as so redesignated), by striking “ In carrying” and inserting the following:
“(i) In general.—Except as provided in clause (ii), in carrying”
; and
by adding at the end the following:
“(ii) Indian tribes.—In the case of an eligible applicant that is an Indian tribe, in carrying out paragraph (1), the Secretary shall not provide a grant, or enter into an agreement, for an improvement to conserve irrigation water unless the Indian tribe agrees not—
“(I) to use any associated water savings to increase the total irrigated acreage more than the water right of that Indian tribe, as determined by—
“(aa) a court decree;
“(bb) a settlement;
“(cc) a law; or
“(dd) any combination of the authorities described in items (aa) through (cc); or
“(II) to otherwise increase the consumptive use of water more than the water right of the Indian tribe described in subclause (I).”
Subtitle G Bureau of Reclamation Transparency
SEC. 8601. Definitions.
In this part:
Asset.—
In general.— The term “asset” means any of the following assets that are used to achieve the mission of the Bureau to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States:
Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters.
Capitalized and noncapitalized heavy equipment and other installed equipment.
Inclusions.— The term “asset” includes assets described in subparagraph (A) that are considered to be mission critical.
Asset management report.— The term “Asset Management Report” means—
the annual plan prepared by the Bureau known as the “Asset Management Plan”; and
any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau to evaluate and manage infrastructure assets of the Bureau.
Major repair and rehabilitation need.— The term “major repair and rehabilitation need” means major nonrecurring maintenance at a Reclamation facility, including maintenance related to the safety of dams, extraordinary maintenance of dams, deferred major maintenance activities, and all other significant repairs and extraordinary maintenance.
SEC. 8602. Asset Management Report Enhancements for Reserved Works.
In General.— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress an Asset Management Report that—
describes the efforts of the Bureau—
to maintain in a reliable manner all reserved works at Reclamation facilities; and
to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at Reclamation facilities; and
expands on the information otherwise provided in an Asset Management Report, in accordance with subsection (b).
Infrastructure Maintenance Needs Assessment.—
In general.— The Asset Management Report submitted under subsection (a) shall include—
a detailed assessment of major repair and rehabilitation needs for all reserved works at all Reclamation projects; and
to the maximum extent practicable, an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project.
Inclusions.— To the maximum extent practicable, the itemized list of major repair and rehabilitation needs under paragraph (1)(B) shall include—
a budget level cost estimate of the appropriations needed to complete each item; and
an assignment of a categorical rating for each item, consistent with paragraph (3).
Rating requirements.—
In general.— The system for assigning ratings under paragraph (2)(B) shall be—
consistent with existing uniform categorization systems to inform the annual budget process and agency requirements; and
subject to the guidance and instructions issued under subparagraph (B).
Guidance.— As soon as practicable after the date of enactment of this Act, the Secretary shall issue guidance that describes the applicability of the rating system applicable under paragraph (2)(B) to Reclamation facilities.
Public availability.— Except as provided in paragraph (5), the Secretary shall make publicly available, including on the internet, the Asset Management Report required under subsection (a).
Confidentiality.— The Secretary may exclude from the public version of the Asset Management Report made available under paragraph (4) any information that the Secretary identifies as sensitive or classified, but shall make available to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a version of the report containing the sensitive or classified information.
Updates.— Not later than 2 years after the date on which the Asset Management Report is submitted under subsection (a) and biennially thereafter, the Secretary shall update the Asset Management Report, subject to the requirements of section 8603(b)(2).
Consultation.— To the extent that such consultation would assist the Secretary in preparing the Asset Management Report under subsection (a) and updates to the Asset Management Report under subsection (c), the Secretary shall consult with—
the Secretary of the Army (acting through the Chief of Engineers); and
water and power contractors.
SEC. 8603. Asset Management Report Enhancements for Transferred Works.
In General.— The Secretary shall coordinate with the non-Federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for Asset Management Reports with respect to major repair and rehabilitation needs for transferred works that are similar to the reporting requirements described in section 8602(b).
Guidance.—
In general.— After considering input from water and power contractors of the Bureau, the Secretary shall develop and implement a rating system for transferred works that incorporates, to the maximum extent practicable, the rating system for major repair and rehabilitation needs for reserved works developed under section 8602(b)(3).
Updates.— The ratings system developed under paragraph (1) shall be included in the updated Asset Management Reports under section 8602(c).