[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2156 Reported in Senate (RS)]
Calendar No. 979
110th CONGRESS
2d Session
S. 2156
To authorize and facilitate the improvement of water management by the
Bureau of Reclamation, to require the Secretary of the Interior and the
Secretary of Energy to increase the acquisition and analysis of water-
related data to assess the long-term availability of water resources
for irrigation, hydroelectric power, municipal, and environmental uses,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 4, 2007
Mr. Bingaman (for himself, Mr. Domenici, Ms. Cantwell, Mr. Johnson, Mr.
Salazar, and Mr. Tester) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
September 16, 2008
Reported by Mr. Bingaman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To authorize and facilitate the improvement of water management by the
Bureau of Reclamation, to require the Secretary of the Interior and the
Secretary of Energy to increase the acquisition and analysis of water-
related data to assess the long-term availability of water resources
for irrigation, hydroelectric power, municipal, and environmental uses,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Science
and Engineering to Comprehensively Understand and Responsibly Enhance
Water Act'' or the ``SECURE Water Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>Sec. 4. Climate change adaptation program.
<DELETED>Sec. 5. Water management improvement.
<DELETED>Sec. 6. Hydroelectric power assessment.
<DELETED>Sec. 7. Climate change and water intragovernmental panel.
<DELETED>Sec. 8. Water data enhancement by United States Geological
Survey.
<DELETED>Sec. 9. Water use and availability assessment program.
<DELETED>Sec. 10. Effect.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) adequate and safe supplies of water are
fundamental to the health, economy, security, and ecology of
the United States;</DELETED>
<DELETED> (2) systematic data-gathering with respect to, and
research and development of, the water resources of the United
States will help ensure the continued existence of sufficient
quantities of water to support--</DELETED>
<DELETED> (A) increasing populations;</DELETED>
<DELETED> (B) economic growth;</DELETED>
<DELETED> (C) irrigated agriculture;</DELETED>
<DELETED> (D) energy production; and</DELETED>
<DELETED> (E) the protection of aquatic
ecosystems;</DELETED>
<DELETED> (3) global climate change poses a significant
challenge to the protection and use of the water resources of
the United States due to an increased uncertainty with respect
to the timing, form, and geographical distribution of
precipitation, which may have a substantial effect on the
supplies of water for agricultural, hydroelectric power,
industrial, domestic supply, and environmental needs;</DELETED>
<DELETED> (4) although States bear the primary
responsibility and authority for managing the water resources
of the United States, the Federal Government should support the
States, as well as regional, local, and tribal governments, by
carrying out--</DELETED>
<DELETED> (A) nationwide data collection and
monitoring activities;</DELETED>
<DELETED> (B) relevant research; and</DELETED>
<DELETED> (C) activities to increase the efficiency
of the use of water in the United States;</DELETED>
<DELETED> (5) Federal agencies that conduct water management
and related activities have a responsibility--</DELETED>
<DELETED> (A) to take a lead role in assessing risks
to the water resources of the United States (including
risks posed by global climate change); and</DELETED>
<DELETED> (B) to develop strategies--</DELETED>
<DELETED> (i) to mitigate the potential
impacts of each risk described in subparagraph
(A); and</DELETED>
<DELETED> (ii) to help ensure that the long-
term water resources management of the United
States is sustainable and will ensure
sustainable quantities of water;</DELETED>
<DELETED> (6) it is critical to continue and expand research
and monitoring efforts--</DELETED>
<DELETED> (A) to improve the understanding of the
variability of the water cycle; and</DELETED>
<DELETED> (B) to provide basic information
necessary--</DELETED>
<DELETED> (i) to manage and efficiently use
the water resources of the United States;
and</DELETED>
<DELETED> (ii) to identify new supplies of
water that are capable of being reclaimed;
and</DELETED>
<DELETED> (7) the study of water use is vital--</DELETED>
<DELETED> (A) to the understanding of the impacts of
human activity on water and ecological resources;
and</DELETED>
<DELETED> (B) to the assessment of whether available
surface and groundwater supplies will be available to
meet the future needs of the United States.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of the National Oceanic and Atmospheric
Administration.</DELETED>
<DELETED> (2) Advisory committee.--The term ``Advisory
Committee'' means the National Advisory Committee on Water
Information established--</DELETED>
<DELETED> (A) under the Office of Management and
Budget Circular 92-01; and</DELETED>
<DELETED> (B) to coordinate water data collection
activities.</DELETED>
<DELETED> (3) Assessment program.--The term ``assessment
program'' means the water availability and use assessment
program established by the Secretary under section
9(a).</DELETED>
<DELETED> (4) Climate division.--The term ``climate
division'' means 1 of the 359 divisions in the United States
that represents 2 or more regions located within a State that
are as climatically homogeneous as possible, as determined by
the Administrator.</DELETED>
<DELETED> (5) Commissioner.--The term ``Commissioner'' means
the Commissioner of Reclamation.</DELETED>
<DELETED> (6) Director.--The term ``Director'' means the
Director of the United States Geological Survey.</DELETED>
<DELETED> (7) Eligible applicant.--The term ``eligible
applicant'' means any State, Indian tribe, irrigation district,
water district, or other organization with water delivery
authority.</DELETED>
<DELETED> (8) Federal power marketing administration.--The
term ``Federal Power Marketing Administration'' means--
</DELETED>
<DELETED> (A) the Bonneville Power
Administration;</DELETED>
<DELETED> (B) the Southeastern Power
Administration;</DELETED>
<DELETED> (C) the Southwestern Power Administration;
and</DELETED>
<DELETED> (D) the Western Area Power
Administration.</DELETED>
<DELETED> (9) Hydrologic accounting unit.--The term
``hydrologic accounting unit'' means 1 of the 352 river basin
hydrologic accounting units used by the United States
Geological Survey.</DELETED>
<DELETED> (10) 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.
450b).</DELETED>
<DELETED> (11) Major aquifer system.--The term ``major
aquifer system'' means a groundwater system that is--</DELETED>
<DELETED> (A) identified as a significant
groundwater system by the Director; and</DELETED>
<DELETED> (B) included in the Groundwater Atlas of
the United States, published by the United States
Geological Survey.</DELETED>
<DELETED> (12) Major reclamation river basin.--</DELETED>
<DELETED> (A) In general.--The term ``major
reclamation river basin'' means each major river system
(including tributaries)--</DELETED>
<DELETED> (i) that is located in a service
area of the Bureau of Reclamation;
and</DELETED>
<DELETED> (ii) at which is located a
federally authorized project of the Bureau of
Reclamation.</DELETED>
<DELETED> (B) Inclusions.--The term ``major
reclamation river basin'' includes--</DELETED>
<DELETED> (i) the Colorado River;</DELETED>
<DELETED> (ii) the Columbia River;</DELETED>
<DELETED> (iii) the Klamath River;</DELETED>
<DELETED> (iv) the Missouri River;</DELETED>
<DELETED> (v) the Rio Grande;</DELETED>
<DELETED> (vi) the Sacramento
River;</DELETED>
<DELETED> (vii) the San Joaquin River;
and</DELETED>
<DELETED> (viii) the Truckee
River.</DELETED>
<DELETED> (13) Non-federal participant.--The term ``non-
Federal participant'' means--</DELETED>
<DELETED> (A) a State, regional, or local
authority;</DELETED>
<DELETED> (B) an Indian tribe or tribal
organization; or</DELETED>
<DELETED> (C) any other qualifying entity, such as a
water conservation district, water conservancy
district, or rural water district or association, or a
nongovernmental organization.</DELETED>
<DELETED> (14) Panel.--The term ``panel'' means the climate
change and water intragovernmental panel established by the
Secretary under section 7(a).</DELETED>
<DELETED> (15) Program.--The term ``program'' means the
regional integrated sciences and assessments program--
</DELETED>
<DELETED> (A) established by the Administrator;
and</DELETED>
<DELETED> (B) that is comprised of 8 regional
programs that use advances in integrated climate
sciences to assist decisionmaking processes.</DELETED>
<DELETED> (16) Secretary.--</DELETED>
<DELETED> (A) In general.--Except as provided in
subparagraph (B), the term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (B) Exceptions.--The term ``Secretary''
means--</DELETED>
<DELETED> (i) in the case of section 4, the
Secretary of the Interior (acting through the
Commissioner); and</DELETED>
<DELETED> (ii) in the case of sections 8 and
9, the Secretary of the Interior (acting
through the Director).</DELETED>
<DELETED> (17) Service area.--The term ``service area''
means any area that encompasses a watershed that contains a
federally authorized reclamation project that is located in any
State or area described in the first section of the Act of June
17, 1902 (43 U.S.C. 391).</DELETED>
<DELETED>SEC. 4. CLIMATE CHANGE ADAPTATION PROGRAM.</DELETED>
<DELETED> (a) In General.--The Secretary shall establish a climate
change adaptation program--</DELETED>
<DELETED> (1) to assess each effect of, and risk resulting
from, global climate change with respect to the quantity of
water resources located in a service area; and</DELETED>
<DELETED> (2) to ensure, to the maximum extent possible,
that strategies are developed to address potential water
shortages, conflicts, and other impacts to water users located
at, and the environment of, each service area.</DELETED>
<DELETED> (b) Required Elements.--In carrying out the program
described in subsection (a), the Secretary shall--</DELETED>
<DELETED> (1) consult with the United States Geological
Survey, the National Oceanic and Atmospheric Administration,
the program, and each appropriate State water resource agency,
to ensure that the Secretary has access to the best available
scientific information with respect to presently observed and
projected future impacts of global climate change on water
resources;</DELETED>
<DELETED> (2) assess specific risks to the water supply of
each major reclamation river basin, including any risk relating
to--</DELETED>
<DELETED> (A) a change in snowpack;</DELETED>
<DELETED> (B) the timing of runoff; and</DELETED>
<DELETED> (C) any increase in--</DELETED>
<DELETED> (i) the demand for water as a
result of increasing temperatures;
and</DELETED>
<DELETED> (ii) the rate of reservoir
evaporation;</DELETED>
<DELETED> (3) with respect to each major reclamation river
basin, analyze the extent to which changes in the water supply
of the United States will impact--</DELETED>
<DELETED> (A) the ability of the Secretary to
deliver water to the contractors of the
Secretary;</DELETED>
<DELETED> (B) hydroelectric power generation
facilities;</DELETED>
<DELETED> (C) recreation at reclamation
facilities;</DELETED>
<DELETED> (D) fish and wildlife habitat;</DELETED>
<DELETED> (E) applicable species listed as an
endangered, threatened, or candidate species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and</DELETED>
<DELETED> (F) water quality issues (including
salinity levels of each major reclamation river
basin);</DELETED>
<DELETED> (4) in consultation with appropriate non-Federal
participants, consider and develop appropriate strategies to
mitigate each impact of water supply changes analyzed by the
Secretary under paragraph (3), including strategies relating
to--</DELETED>
<DELETED> (A) the modification of any reservoir
storage or operating guideline in existence as of the
date of enactment of this Act;</DELETED>
<DELETED> (B) the development of new water
management, operating, or habitat restoration
plans;</DELETED>
<DELETED> (C) water conservation;</DELETED>
<DELETED> (D) improved hydrologic models and other
decision support systems; and</DELETED>
<DELETED> (E) groundwater and surface water storage
needs; and</DELETED>
<DELETED> (5) in consultation with the Director, the
Administrator, the Secretary of Agriculture (acting through the
Chief of the Natural Resources Conservation Service), and
applicable State water resource agencies, develop a monitoring
plan to acquire and maintain water resources data--</DELETED>
<DELETED> (A) to strengthen the understanding of
water supply trends; and</DELETED>
<DELETED> (B) to assist in each assessment and
analysis conducted by the Secretary under paragraphs
(2) and (3).</DELETED>
<DELETED> (c) Reporting.--Not later than 1 year after the date of
enactment of this Act, and every 5 years thereafter, the Secretary
shall submit to the appropriate committees of Congress a report that
describes--</DELETED>
<DELETED> (1) each effect of, and risk resulting from,
global climate change with respect to the quantity of water
resources located in each major reclamation river
basin;</DELETED>
<DELETED> (2) the impact of global climate change with
respect to the operations of the Secretary in each major
reclamation river basin;</DELETED>
<DELETED> (3) each mitigation and adaptation strategy
considered and implemented by the Secretary to address each
effect of global climate change described in paragraph
(1);</DELETED>
<DELETED> (4) each coordination activity conducted by the
Secretary with--</DELETED>
<DELETED> (A) the Director;</DELETED>
<DELETED> (B) the Administrator;</DELETED>
<DELETED> (C) the Secretary of Agriculture (acting
through the Chief of the Natural Resources Conservation
Service); or</DELETED>
<DELETED> (D) any appropriate State water resource
agency; and</DELETED>
<DELETED> (5) the implementation by the Secretary of the
monitoring plan developed under subsection (b)(5).</DELETED>
<DELETED> (d) Feasibility Studies.--</DELETED>
<DELETED> (1) Authority of secretary.--The Secretary, in
cooperation with any non-Federal participant, may conduct 1 or
more studies to determine the feasibility of implementing each
mitigation and adaptation strategy described in subsection
(c)(3), including the construction of any water supply, water
management, environmental, or habitat enhancement water
infrastructure that the Secretary determines to be necessary to
address the effects of global climate change on water resources
located in each major reclamation river basin.</DELETED>
<DELETED> (2) Cost sharing.--</DELETED>
<DELETED> (A) Federal share.--</DELETED>
<DELETED> (i) In general.--Except as
provided in clause (ii), the Federal share of
the cost of a study described in paragraph (1)
shall not exceed 50 percent of the cost of the
study.</DELETED>
<DELETED> (ii) Exception relating to
financial hardship.--The Secretary may increase
the Federal share of the cost of a study
described in paragraph (1) to exceed 50 percent
of the cost of the study if the Secretary
determines that, due to a financial hardship,
the non-Federal participant of the study is
unable to contribute an amount equal to 50
percent of the cost of the study.</DELETED>
<DELETED> (B) Non-federal share.--The non-Federal
share of the cost of a study described in paragraph (1)
may be provided in the form of any in-kind services
that substantially contribute toward the completion of
the study, as determined by the Secretary.</DELETED>
<DELETED> (e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this section
for each of fiscal years 2008 through 2022, to remain available until
expended.</DELETED>
<DELETED>SEC. 5. WATER MANAGEMENT IMPROVEMENT.</DELETED>
<DELETED> (a) Authorization of Grants and Cooperative Agreements.--
</DELETED>
<DELETED> (1) Authority of secretary.--The Secretary may
provide any grant to, or enter into any cooperative agreement
with, any eligible applicant to assist the eligible applicant
in planning, designing, or constructing any improvement--
</DELETED>
<DELETED> (A) to conserve water;</DELETED>
<DELETED> (B) to increase water use
efficiency;</DELETED>
<DELETED> (C) to facilitate water markets;</DELETED>
<DELETED> (D) to enhance water management;
or</DELETED>
<DELETED> (E) to carry out any other activity--
</DELETED>
<DELETED> (i) to address any climate-related
impact to the water supply of the United
States; or</DELETED>
<DELETED> (ii) to prevent any water-related
crisis or conflict at any watershed that has a
nexus to a Federal reclamation project located
in a service area.</DELETED>
<DELETED> (2) Application.--To be eligible to receive a
grant, or enter into a cooperative agreement with the Secretary
under paragraph (1), an eligible applicant shall submit to the
Secretary an application that includes a proposal of the
improvement to be planned, designed, constructed, or
implemented by the eligible applicant.</DELETED>
<DELETED> (3) Requirements of grants and cooperative
agreements.--</DELETED>
<DELETED> (A) Compliance with requirements.--Each
grant and cooperative agreement entered into by the
Secretary with any eligible applicant under paragraph
(1) shall be in compliance with each requirement
described in subparagraphs (B) through (F).</DELETED>
<DELETED> (B) Certain improvements or activities
relating to agricultural operations.--In carrying out
paragraph (1), the Secretary shall not provide a grant
to, or enter into a cooperative agreement with, an
eligible applicant to provide financial assistance for
an improvement to conserve water with respect to an
agricultural operation unless the Secretary first
determines that the improvement will result in a net
savings in groundwater or surface water resources in
the agricultural operation of the eligible
applicant.</DELETED>
<DELETED> (C) Nonreimbursable funds.--Any funds
provided by the Secretary to an eligible applicant
through a grant or cooperative agreement under
paragraph (1) shall be nonreimbursable.</DELETED>
<DELETED> (D) Title to improvements.--If an
infrastructure improvement to a facility under the
jurisdiction of a Federal agency is the subject of a
grant or a cooperative agreement entered into between
the Secretary and an eligible applicant under paragraph
(1), the Federal Government shall hold title to the
improvement of the facility.</DELETED>
<DELETED> (E) Cost sharing.--</DELETED>
<DELETED> (i) Federal share.--The Federal
share of the cost of any infrastructure
improvement or activity that is the subject of
a grant or a cooperative 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.</DELETED>
<DELETED> (ii) Calculation of non-federal
share.--In calculating the non-Federal share of
the cost of an infrastructure improvement or
activity proposed by an eligible applicant
through an application submitted by the
eligible applicant under paragraph (2), the
Secretary shall--</DELETED>
<DELETED> (I) consider the value of
any in-kind services that substantially
contributes toward the completion of
the improvement or activity, as
determined by the Secretary;
and</DELETED>
<DELETED> (II) not consider any
other amount that the eligible
applicant receives from a Federal
agency.</DELETED>
<DELETED> (iii) Maximum amount.--The amount
provided to an eligible applicant through a
grant or cooperative agreement under paragraph
(1) shall be not more than
$5,000,000.</DELETED>
<DELETED> (iv) Operation and maintenance
costs.--The non-Federal share of the cost of
operating and maintaining any infrastructure
improvement that is the subject of a grant or a
cooperative agreement entered into between the
Secretary and an eligible applicant under
paragraph (1) shall be 100 percent.</DELETED>
<DELETED> (F) Liability.--</DELETED>
<DELETED> (i) In general.--Except as
provided in clause (ii), the United States
shall not be liable for monetary damages of any
kind for any injury arising out of an act,
omission, or occurrence that arises in relation
to any facility created or improved under this
section, the title of which is not held by the
United States.</DELETED>
<DELETED> (ii) Exception.--Clause (i) shall
not apply to liability for monetary damages
resulting from an injury caused by any act of
negligence committed by the United States (or
by any officer, employee, or agent of the
United States) that arises in relation to any
facility created or improved under this
section, the title of which is not held by the
United States.</DELETED>
<DELETED> (iii) Tort claims act.--Nothing in
this section increases the liability of the
United States beyond that provided in chapter
171 of title 28, United States Code.</DELETED>
<DELETED> (b) Research Agreements.--</DELETED>
<DELETED> (1) Authority of secretary.--The Secretary may
enter into 1 or more cooperative agreements with any
university, nonprofit research institution, or organization
with water or power delivery authority to fund any research
activity that is designed--</DELETED>
<DELETED> (A) to conserve water resources;</DELETED>
<DELETED> (B) to increase the efficiency of the use
of water resources; or</DELETED>
<DELETED> (C) to enhance the management of water
resources.</DELETED>
<DELETED> (2) Terms and conditions of secretary.--A
cooperative agreement entered into between the Secretary and
any university, institution, or organization described in
paragraph (1) shall be subject to such terms and conditions as
the Secretary determines to be appropriate.</DELETED>
<DELETED> (c) Mutual Benefit.--Grants or cooperative agreements made
under this section may be for the mutual benefit of the United States
and the entity that is provided the grant or enters into the
cooperative agreement.</DELETED>
<DELETED> (d) Relationship to Project-Specific Authority.--This
section shall not supersede any existing project-specific funding
authority.</DELETED>
<DELETED> (e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000, to remain
available until expended.</DELETED>
<DELETED>SEC. 6. HYDROELECTRIC POWER ASSESSMENT.</DELETED>
<DELETED> (a) Duty of Secretary of Energy.--The Secretary of Energy,
in consultation with the Administrator of each Federal Power Marketing
Administration, shall assess each effect of, and risk resulting from,
global climate change with respect to water supplies that are required
for the generation of hydroelectric power at each Federal water project
that is applicable to a Federal Power Marketing
Administration.</DELETED>
<DELETED> (b) Access to Appropriate Data.--</DELETED>
<DELETED> (1) In general.--In carrying out each assessment
under subsection (a), the Secretary of Energy shall consult
with the United States Geological Survey, the National Oceanic
and Atmospheric Administration, the program, and each
appropriate State water resource agency, to ensure that the
Secretary of Energy has access to the best available scientific
information with respect to presently observed impacts and
projected future impacts of global climate change on water
supplies that are used to produce hydroelectric
power.</DELETED>
<DELETED> (2) Access to data for certain assessments.--In
carrying out each assessment under subsection (a), with respect
to the Bonneville Power Administration and the Western Area
Power Administration, the Secretary of Energy shall consult
with the Commissioner to access data and other information
that--</DELETED>
<DELETED> (A) is collected by the Commissioner;
and</DELETED>
<DELETED> (B) the Secretary of Energy determines to
be necessary for the conduct of the
assessment.</DELETED>
<DELETED> (c) Report.--Not later than 2 years after the date of
enactment of this Act, and every 5 years thereafter, the Secretary of
Energy shall submit to the appropriate committees of Congress a report
that describes--</DELETED>
<DELETED> (1) each effect of, and risk resulting from,
global climate change with respect to--</DELETED>
<DELETED> (A) water supplies used for hydroelectric
power generation; and</DELETED>
<DELETED> (B) power supplies marketed by each
Federal Power Marketing Administration, pursuant to--
</DELETED>
<DELETED> (i) long-term power
contracts;</DELETED>
<DELETED> (ii) contingent capacity
contracts; and</DELETED>
<DELETED> (iii) short-term sales;
and</DELETED>
<DELETED> (2) each recommendation of the Administrator of
each Federal Power Marketing Administration relating to any
change in any operation or contracting practice of each Federal
Power Marketing Administration to address each effect and risk
described in paragraph (1), including the use of purchased
power to meet long-term commitments of each Federal Power
Marketing Administration.</DELETED>
<DELETED> (d) Costs Nonreimbursable.--Any costs incurred by the
Secretary of Energy in carrying out this section shall be
nonreimbursable.</DELETED>
<DELETED> (e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this section
for each of fiscal years 2008 through 2022, to remain available until
expended.</DELETED>
<DELETED>SEC. 7. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL
PANEL.</DELETED>
<DELETED> (a) Establishment.--The Secretary shall establish and lead
a climate change and water intragovernmental panel--</DELETED>
<DELETED> (1) to review the current scientific understanding
of each impact of global climate change on the water resources
of the United States; and</DELETED>
<DELETED> (2) to develop any strategy that the panel
determines to be necessary to improve observational
capabilities and expand data acquisition to increase the
reliability and accuracy of modeling and prediction systems to
benefit water managers at the Federal, State, and local
levels.</DELETED>
<DELETED> (b) Membership.--The panel shall be comprised of--
</DELETED>
<DELETED> (1) the Secretary;</DELETED>
<DELETED> (2) the Director;</DELETED>
<DELETED> (3) the Administrator;</DELETED>
<DELETED> (4) the Secretary of Agriculture (acting through
the Chief of the Natural Resources Conservation
Service);</DELETED>
<DELETED> (5) the Commissioner; and</DELETED>
<DELETED> (6) the Chief of Engineers.</DELETED>
<DELETED> (c) Review Elements.--In conducting the review and
developing the strategy under subsection (a), the panel shall consult
with State water resource agencies, the Advisory Committee, and
relevant water user, environmental, and other nongovernmental
organizations--</DELETED>
<DELETED> (1) to assess the extent to which the conduct of
measures of streamflow, groundwater levels, soil moisture,
evapotranspiration rates, evaporation rates, snowpack levels,
precipitation amounts, and glacier mass is necessary to improve
the understanding of the Federal Government and the States with
respect to each impact of global climate change on water
resources;</DELETED>
<DELETED> (2) to identify data gaps in current water
monitoring networks that must be addressed to improve the
capability of the Federal Government and the States to measure,
analyze, and predict changes to water resources that are
directly or indirectly affected by global climate
change;</DELETED>
<DELETED> (3) to establish data management and communication
protocols and standards to increase the quality and efficiency
by which each Federal agency acquires and reports relevant
data;</DELETED>
<DELETED> (4) to consider options for the establishment of a
data portal to enhance access to water resource data--
</DELETED>
<DELETED> (A) relating to each nationally
significant watershed and aquifer located in the United
States; and</DELETED>
<DELETED> (B) that is collected by each Federal
agency and any other public or private entity for each
nationally significant watershed and aquifer located in
the United States;</DELETED>
<DELETED> (5) to expand, and integrate each initiative of
the panel with, to the maximum extent possible, any interagency
initiative in existence as of the date of enactment of this
Act, including--</DELETED>
<DELETED> (A) the national integrated drought
information system of the National Oceanic and
Atmospheric Administration; and</DELETED>
<DELETED> (B) the advanced hydrologic prediction
service of the National Weather Service;</DELETED>
<DELETED> (6) to facilitate the development of hydrologic
models to integrate data that reflects groundwater and surface
water interactions;</DELETED>
<DELETED> (7) to apply the hydrologic models developed under
paragraph (6) to water resource management problems identified
by the panel; and</DELETED>
<DELETED> (8) to consider the need for, and the development
of, mechanisms to effectively combine global climate models,
regional climate models, and hydrologic models to produce water
resource information to assist water managers at the Federal,
State, and local levels in the development of adaptation
strategies that can be incorporated into long-term water
management decisions.</DELETED>
<DELETED> (d) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report that describes the review conducted,
and the strategy developed, by the panel under subsection
(a).</DELETED>
<DELETED> (e) Demonstration, Research, and Methodology Development
Projects.--</DELETED>
<DELETED> (1) Authority of secretary.--The Secretary, in
consultation with the panel and the Advisory Committee, may
provide grants to, or enter into any contract, cooperative
agreement, interagency agreement, or other transaction with, an
appropriate entity to carry out any demonstration, research, or
methodology development project that the Secretary determines
to be necessary to assist in the implementation of the strategy
developed by the panel under subsection (a)(2).</DELETED>
<DELETED> (2) Requirements.--</DELETED>
<DELETED> (A) Maximum amount of federal share.--The
Federal share of the cost of any demonstration,
research, or methodology development project that is
the subject of any grant, contract, cooperative
agreement, interagency agreement, or other transaction
entered into between the Secretary and an appropriate
entity under paragraph (1) shall not exceed
$1,000,000.</DELETED>
<DELETED> (B) Report.--An appropriate entity that
receives funds from a grant, contract, cooperative
agreement, interagency agreement, or other transaction
entered into between the Secretary and the appropriate
entity under paragraph (1) shall submit to the
Secretary a report describing the results of the
demonstration, research, or methodology development
project conducted by the appropriate entity.</DELETED>
<DELETED> (f) Authorization of Appropriations.--</DELETED>
<DELETED> (1) In general.--There is authorized to be
appropriated to carry out subsections (a) through (d)
$2,000,000 for each of fiscal years 2008 and 2009, to remain
available until expended.</DELETED>
<DELETED> (2) Demonstration, research, and methodology
development projects.--There is authorized to be appropriated
to carry out subsection (e) $10,000,000 for the period of
fiscal years 2008 through 2012, to remain available until
expended.</DELETED>
<DELETED>SEC. 8. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL
SURVEY.</DELETED>
<DELETED> (a) National Streamflow Information Program.--</DELETED>
<DELETED> (1) In general.--The Secretary shall conduct a
review of the national streamflow information program,
including a review of--</DELETED>
<DELETED> (A) each Federal objective with respect to
the establishment of a national streamgaging network;
and</DELETED>
<DELETED> (B) each geographic information-based
method that the Secretary used to select sites to
achieve each objective reviewed under subparagraph
(A).</DELETED>
<DELETED> (2) Requirements.--In conducting the national
streamflow information program, the Secretary shall--</DELETED>
<DELETED> (A) measure streamflow and related
environmental variables in nationally significant
watersheds--</DELETED>
<DELETED> (i) in a reliable and continuous
manner; and</DELETED>
<DELETED> (ii) to develop a comprehensive
source of information on which public and
private decisions relating to the management of
water resources may be based;</DELETED>
<DELETED> (B) provide for a better understanding of
hydrologic extremes (including floods and droughts)
through the conduct of intensive data collection
activities during and following hydrologic
extremes;</DELETED>
<DELETED> (C) establish a base network that provides
resources that are necessary for--</DELETED>
<DELETED> (i) the monitoring of long-term
changes in streamflow; and</DELETED>
<DELETED> (ii) the conduct of assessments to
determine the extent to which each long-term
change monitored under clause (i) is related to
global climate change;</DELETED>
<DELETED> (D) integrate the national streamflow
information program with data collection activities of
Federal agencies and appropriate State water resource
agencies (including the national drought information
system)--</DELETED>
<DELETED> (i) to enhance the comprehensive
understanding of water availability;</DELETED>
<DELETED> (ii) to identify any data gap with
respect to water resources; and</DELETED>
<DELETED> (iii) to improve hydrologic
forecasting; and</DELETED>
<DELETED> (E) incorporate principles of adaptive
management in the conduct of periodic reviews of
information collected under the national streamflow
information program to assess whether the objectives of
the national streamflow information program are being
adequately addressed.</DELETED>
<DELETED> (3) Improved methodologies.--The Secretary shall--
</DELETED>
<DELETED> (A) improve methodologies relating to the
analysis and delivery of data; and</DELETED>
<DELETED> (B) investigate, develop, and implement
new methodologies and technologies to estimate or
measure streamflow in a more cost-efficient
manner.</DELETED>
<DELETED> (4) Measurement goal.--</DELETED>
<DELETED> (A) In general.--Not later than 10 years
after the date of enactment of this Act, in accordance
with subparagraph (B), the Secretary shall increase the
number of sites measured under the national streamflow
information program to a quantity of not less than
4,700 sites.</DELETED>
<DELETED> (B) Requirements of sites.--Each site
described in subparagraph (A) shall be--</DELETED>
<DELETED> (i) located in a nationally
significant watershed, as determined by the
Secretary; and</DELETED>
<DELETED> (ii) measured by a streamgage or
any other effective means implemented by the
Secretary.</DELETED>
<DELETED> (5) Federal share.--The Federal share of the
national streamgaging network established pursuant to this
subsection shall be 100 percent of the cost of carrying out the
national streamgaging network.</DELETED>
<DELETED> (6) Authorization of appropriations.--</DELETED>
<DELETED> (A) In general.--Except as provided in
subparagraph (B), there are authorized to be
appropriated such sums as are necessary to carry out
this subsection for the period of fiscal years 2008
through 2022, to remain available until
expended.</DELETED>
<DELETED> (B) Achievement of measurement goal.--
There is authorized to be appropriated to carry out
paragraph (4) $7,500,000 for each of fiscal years 2008
through 2018, to remain available until
expended.</DELETED>
<DELETED> (b) National Groundwater Resources Monitoring.--</DELETED>
<DELETED> (1) In general.--The Secretary shall develop a
systematic groundwater monitoring program for each major
aquifer system located in the United States.</DELETED>
<DELETED> (2) Program elements.--In developing the
monitoring program described in paragraph (1), the Secretary
shall--</DELETED>
<DELETED> (A) establish appropriate criteria for
monitoring wells to ensure the acquisition of long-
term, high-quality data sets, including, to the maximum
extent possible, the inclusion of real-time
instrumentation and reporting;</DELETED>
<DELETED> (B) in coordination with the Advisory
Committee and State and local water resource agencies--
</DELETED>
<DELETED> (i) assess the current scope of
groundwater monitoring based on the access
availability and capability of each monitoring
well in existence as of the date of enactment
of this Act; and</DELETED>
<DELETED> (ii) develop and carry out a
monitoring plan that maximizes coverage for
each major aquifer system that is located in
the United States; and</DELETED>
<DELETED> (C) prior to initiating any specific
monitoring activities within a State after the date of
enactment of this Act, consult and coordinate with the
applicable State water resource agency with
jurisdiction over the aquifer that is the subject of
the monitoring activities, and comply with all
applicable laws (including regulations) of the
State.</DELETED>
<DELETED> (3) Program objectives.--In carrying out the
monitoring program described in paragraph (1), the Secretary
shall--</DELETED>
<DELETED> (A) provide data that is necessary for the
improvement of understanding with respect to surface
water and groundwater interactions;</DELETED>
<DELETED> (B) by expanding the network of monitoring
wells to reach each climate division, support the
groundwater climate response network to improve the
understanding of the effects of global climate change
on groundwater recharge and availability; and</DELETED>
<DELETED> (C) support the objectives of the
assessment program.</DELETED>
<DELETED> (4) Improved methodologies.--The Secretary shall--
</DELETED>
<DELETED> (A) improve methodologies relating to the
analysis and delivery of data; and</DELETED>
<DELETED> (B) investigate, develop, and implement
new methodologies and technologies to estimate or
measure groundwater recharge, discharge, and storage in
a more cost-efficient manner.</DELETED>
<DELETED> (5) Federal share.--The Federal share of the
monitoring program described in paragraph (1) may be 100
percent of the cost of carrying out the monitoring
program.</DELETED>
<DELETED> (6) Priority.--In selecting monitoring activities
consistent with the monitoring program described in paragraph
(1), the Secretary shall give priority to those activities for
which a State or local governmental entity agrees to provide
for a substantial share of the cost of establishing or
operating a monitoring well or other measuring device to carry
out a monitoring activity.</DELETED>
<DELETED> (7) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection for the period of fiscal years 2008
through 2022, to remain available until expended.</DELETED>
<DELETED> (c) Brackish Groundwater Assessment.--</DELETED>
<DELETED> (1) Study.--The Secretary, in consultation with
State and local water resource agencies, shall conduct a study
of available data and other relevant information--</DELETED>
<DELETED> (A) to identify significant brackish
groundwater resources located in the United States;
and</DELETED>
<DELETED> (B) to consolidate any available data
relating to each groundwater resource identified under
subparagraph (A).</DELETED>
<DELETED> (2) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that includes--
</DELETED>
<DELETED> (A) a description of each--</DELETED>
<DELETED> (i) significant brackish aquifer
that is located in the United States (including
1 or more maps of each significant brackish
aquifer that is located in the United
States);</DELETED>
<DELETED> (ii) data gap that is required to
be addressed to fully characterize each
brackish aquifer described in clause (i);
and</DELETED>
<DELETED> (iii) current use of brackish
groundwater that is supplied by each brackish
aquifer described in clause (i); and</DELETED>
<DELETED> (B) a summary of the information available
as of the date of enactment of this Act with respect to
each brackish aquifer described in subparagraph (A)(i)
(including the known level of total dissolved solids in
each brackish aquifer).</DELETED>
<DELETED> (3) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection
$3,000,000 for the period of fiscal years 2008 through 2009, to
remain available until expended.</DELETED>
<DELETED> (d) Improved Water Estimation, Measurement, and Monitoring
Technologies.--</DELETED>
<DELETED> (1) Authority of secretary.--The Secretary may
provide grants to appropriate entities with expertise in water
resource data acquisition and reporting--</DELETED>
<DELETED> (A) to investigate, develop, and implement
new methodologies and technologies to estimate or
measure water resources data in a cost-efficient
manner; and</DELETED>
<DELETED> (B) to improve methodologies relating to
the analysis and delivery of data.</DELETED>
<DELETED> (2) Priority.--In providing grants to appropriate
entities under paragraph (1), the Secretary shall give priority
to appropriate entities that propose the development of new
methods and technologies for--</DELETED>
<DELETED> (A) predicting and measuring
streamflows;</DELETED>
<DELETED> (B) estimating changes in the storage of
groundwater;</DELETED>
<DELETED> (C) improving data standards and methods
of analysis (including the validation of data entered
into geographic information system
databases);</DELETED>
<DELETED> (D) measuring precipitation and potential
evapotranspiration;</DELETED>
<DELETED> (E) developing descriptive and predictive
models that take into account groundwater and surface
water; and</DELETED>
<DELETED> (F) water withdrawals, return flows, and
consumptive use.</DELETED>
<DELETED> (3) Cost sharing.--</DELETED>
<DELETED> (A) Federal share.--The Federal share of
the cost of the development of any new method or
technology that is the subject of a grant under this
subsection shall not exceed the lesser of--</DELETED>
<DELETED> (i) 50 percent of the cost of the
development of the new method or technology;
or</DELETED>
<DELETED> (ii) $500,000.</DELETED>
<DELETED> (B) Non-federal share.--The non-Federal
share of the cost of the development of any new method
or technology that is the subject of a grant under this
subsection may be provided in the form of any in-kind
services that substantially contribute toward the
development of any new method or technology, as
determined by the Secretary.</DELETED>
<DELETED> (C) Other federal assistance.--Assistance
under this subsection may be in addition to assistance
provided by the Federal Government pursuant to other
provisions of law.</DELETED>
<DELETED> (4) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection
$5,000,000 for each of fiscal years 2008 through
2018.</DELETED>
<DELETED>SEC. 9. WATER USE AND AVAILABILITY ASSESSMENT
PROGRAM.</DELETED>
<DELETED> (a) Establishment.--The Secretary, in coordination with
the Advisory Committee and State and local water resource agencies,
shall establish an assessment program to be known as the ``water
availability and use assessment program''--</DELETED>
<DELETED> (1) to provide a more accurate assessment of the
status of the water resources of the United States;</DELETED>
<DELETED> (2) to assist in the determination of the quantity
of water that is available for beneficial uses;</DELETED>
<DELETED> (3) to identify long-term trends in water
availability;</DELETED>
<DELETED> (4) to use each long-term trend described in
paragraph (3) to provide a more accurate assessment of the
change in the availability of water in the United States;
and</DELETED>
<DELETED> (5) to develop the basis for an improved ability
to forecast the availability of water for future economic,
energy production, and environmental uses.</DELETED>
<DELETED> (b) Program Elements.--</DELETED>
<DELETED> (1) Water use.--In carrying out the assessment
program, the Secretary shall conduct any appropriate activity
to carry out an ongoing assessment of water use in hydrologic
accounting units and major aquifer systems located in the
United States, including--</DELETED>
<DELETED> (A) the maintenance of a comprehensive
national water use inventory to enhance the level of
understanding with respect to the effects of spatial
and temporal patterns of water use on the availability
and sustainable use of water resources;</DELETED>
<DELETED> (B) the incorporation of water use science
principles, with an emphasis on applied research and
statistical estimation techniques in the assessment of
water use;</DELETED>
<DELETED> (C) the integration of any dataset
maintained by any other Federal or State agency into
the dataset maintained by the Secretary; and</DELETED>
<DELETED> (D) a focus on the scientific integration
of any data relating to water use, water flow, or water
quality to generate relevant information relating to
the impact of human activity on water and ecological
resources.</DELETED>
<DELETED> (2) Water availability.--In carrying out the
assessment program, the Secretary shall conduct an ongoing
assessment of water availability by--</DELETED>
<DELETED> (A) developing and evaluating nationally
consistent indicators that reflect each status and
trend relating to the availability of water resources
in the United States, including--</DELETED>
<DELETED> (i) surface water indicators, such
as streamflow and surface water storage
measures (including lakes, reservoirs,
perennial snowfields, and glaciers);</DELETED>
<DELETED> (ii) groundwater indicators,
including groundwater level measurements and
changes in groundwater levels due to--
</DELETED>
<DELETED> (I) natural
recharge;</DELETED>
<DELETED> (II)
withdrawals;</DELETED>
<DELETED> (III) saltwater
intrusion;</DELETED>
<DELETED> (IV) mine
dewatering;</DELETED>
<DELETED> (V) land
drainage;</DELETED>
<DELETED> (VI) artificial recharge;
and</DELETED>
<DELETED> (VII) other relevant
factors, as determined by the
Secretary; and</DELETED>
<DELETED> (iii) impaired surface water and
groundwater supplies that are known,
accessible, and used to meet ongoing water
demands; and</DELETED>
<DELETED> (B) maintaining a national database of
water availability data that--</DELETED>
<DELETED> (i) is comprised of maps, reports,
and other forms of interpreted data;</DELETED>
<DELETED> (ii) provides electronic access to
the archived data of the national database;
and</DELETED>
<DELETED> (iii) provides for real-time data
collection.</DELETED>
<DELETED> (c) Grant Program.--</DELETED>
<DELETED> (1) Authority of secretary.--The Secretary may
provide grants to State water resource agencies to assist State
water resource agencies in--</DELETED>
<DELETED> (A) developing water use and availability
datasets that are integrated with each appropriate
dataset developed or maintained by the Secretary;
or</DELETED>
<DELETED> (B) integrating any water use or water
availability dataset of the State water resource agency
into each appropriate dataset developed or maintained
by the Secretary.</DELETED>
<DELETED> (2) Criteria.--To be eligible to receive a grant
under paragraph (1), a State water resource agency shall
demonstrate to the Secretary that the water use and
availability dataset proposed to be established or integrated
by the State water resource agency--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) will enhance the ability of the
officials of the State of the State water resource
agency to carry out each water management and
regulatory responsibility of the officials of the State
in accordance with each applicable the law of the
State.</DELETED>
<DELETED> (3) Maximum amount.--The amount of a grant
provided to a State water resource agency under paragraph (1)
shall be an amount not more than $250,000.</DELETED>
<DELETED> (d) Report.--Not later than January 1, 2010, and every 5
years thereafter, the Secretary shall submit to the appropriate
committees of Congress a report that provides a detailed assessment
of--</DELETED>
<DELETED> (1) the current availability of water resources in
the United States, including--</DELETED>
<DELETED> (A) historic trends and annual updates of
river basin inflows and outflows;</DELETED>
<DELETED> (B) surface water storage;</DELETED>
<DELETED> (C) groundwater reserves; and</DELETED>
<DELETED> (D) estimates of undeveloped potential
resources (including saline water and
wastewater);</DELETED>
<DELETED> (2) significant trends affecting water
availability, including each documented or projected impact to
the availability of water as a result of global climate
change;</DELETED>
<DELETED> (3) the withdrawal and use of surface water and
groundwater by various sectors, including--</DELETED>
<DELETED> (A) the agricultural sector;</DELETED>
<DELETED> (B) municipalities;</DELETED>
<DELETED> (C) the industrial sector;</DELETED>
<DELETED> (D) thermoelectric power generators;
and</DELETED>
<DELETED> (E) hydroelectric power
generators;</DELETED>
<DELETED> (4) significant trends relating to each water use
sector, including significant changes in water use due to the
development of new energy supplies;</DELETED>
<DELETED> (5) significant water use conflicts or shortages
that have occurred, or are likely to occur; and</DELETED>
<DELETED> (6) each factor that has caused, or will likely
cause, a conflict or shortage described in paragraph
(5).</DELETED>
<DELETED> (e) Authorization of Appropriations.--</DELETED>
<DELETED> (1) In general.--There is authorized to be
appropriated to carry out subsections (a), (b), and (d)
$20,000,000 for each of fiscal years 2008 through 2022, to
remain available until expended.</DELETED>
<DELETED> (2) Grant program.--There is authorized to be
appropriated to carry out subsection (c) $12,500,000 for the
period of fiscal years 2008 through 2012, to remain available
until expended.</DELETED>
<DELETED>SEC. 10. EFFECT.</DELETED>
<DELETED> (a) In General.--Nothing in this Act supersedes or limits
any existing authority provided, or responsibility conferred, by any
provision of law.</DELETED>
<DELETED> (b) Effect on State Water Law.--</DELETED>
<DELETED> (1) In general.--Nothing in this Act preempts or
affects any--</DELETED>
<DELETED> (A) State water law; or</DELETED>
<DELETED> (B) interstate compact governing
water.</DELETED>
<DELETED> (2) Compliance required.--The Secretary shall
comply with applicable State water laws in carrying out this
Act.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Science and
Engineering to Comprehensively Understand and Responsibly Enhance Water
Act'' or the ``SECURE Water Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Climate change adaptation program.
Sec. 5. Water management improvement.
Sec. 6. Hydroelectric power assessment.
Sec. 7. Climate change and water intragovernmental panel.
Sec. 8. Water data enhancement by United States Geological Survey.
Sec. 9. National water availability and use assessment program.
Sec. 10. Research agreement authority.
Sec. 11. Effect.
SEC. 2. FINDINGS.
Congress finds that--
(1) adequate and safe supplies of water are fundamental to
the health, economy, security, and ecology of the United
States;
(2) systematic data-gathering with respect to, and research
and development of, the water resources of the United States
will help ensure the continued existence of sufficient
quantities of water to support--
(A) increasing populations;
(B) economic growth;
(C) irrigated agriculture;
(D) energy production; and
(E) the protection of aquatic ecosystems;
(3) global climate change poses a significant challenge to
the protection and use of the water resources of the United
States due to an increased uncertainty with respect to the
timing, form, and geographical distribution of precipitation,
which may have a substantial effect on the supplies of water
for agricultural, hydroelectric power, industrial, domestic
supply, and environmental needs;
(4) although States bear the primary responsibility and
authority for managing the water resources of the United
States, the Federal Government should support the States, as
well as regional, local, and tribal governments, by carrying
out--
(A) nationwide data collection and monitoring
activities;
(B) relevant research; and
(C) activities to increase the efficiency of the
use of water in the United States;
(5) Federal agencies that conduct water management and
related activities have a responsibility--
(A) to take a lead role in assessing risks to the
water resources of the United States (including risks
posed by global climate change); and
(B) to develop strategies--
(i) to mitigate the potential impacts of
each risk described in subparagraph (A); and
(ii) to help ensure that the long-term
water resources management of the United States
is sustainable and will ensure sustainable
quantities of water;
(6) it is critical to continue and expand research and
monitoring efforts--
(A) to improve the understanding of the variability
of the water cycle; and
(B) to provide basic information necessary--
(i) to manage and efficiently use the water
resources of the United States; and
(ii) to identify new supplies of water that
are capable of being reclaimed; and
(7) the study of water use is vital--
(A) to the understanding of the impacts of human
activity on water and ecological resources; and
(B) to the assessment of whether available surface
and groundwater supplies will be available to meet the
future needs of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Advisory committee.--The term ``Advisory Committee''
means the National Advisory Committee on Water Information
established--
(A) under the Office of Management and Budget
Circular 92-01; and
(B) to coordinate water data collection activities.
(3) Assessment program.--The term ``assessment program''
means the water availability and use assessment program
established by the Secretary under section 9(a).
(4) Climate division.--The term ``climate division'' means
1 of the 359 divisions in the United States that represents 2
or more regions located within a State that are as climatically
homogeneous as possible, as determined by the Administrator.
(5) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(6) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(7) Eligible applicant.--The term ``eligible applicant''
means any State, Indian tribe, irrigation district, water
district, or other organization with water or power delivery
authority.
(8) Federal power marketing administration.--The term
``Federal Power Marketing Administration'' means--
(A) the Bonneville Power Administration;
(B) the Southeastern Power Administration;
(C) the Southwestern Power Administration; and
(D) the Western Area Power Administration.
(9) Hydrologic accounting unit.--The term ``hydrologic
accounting unit'' means 1 of the 352 river basin hydrologic
accounting units used by the United States Geological Survey.
(10) 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. 450b).
(11) Major aquifer system.--The term ``major aquifer
system'' means a groundwater system that is--
(A) identified as a significant groundwater system
by the Director; and
(B) included in the Groundwater Atlas of the United
States, published by the United States Geological
Survey.
(12) Major reclamation river basin.--
(A) In general.--The term ``major reclamation river
basin'' means each major river system (including
tributaries)--
(i) that is located in a service area of
the Bureau of Reclamation; and
(ii) at which is located a federally
authorized project of the Bureau of
Reclamation.
(B) Inclusions.--The term ``major reclamation river
basin'' includes--
(i) the Colorado River;
(ii) the Columbia River;
(iii) the Klamath River;
(iv) the Missouri River;
(v) the Rio Grande;
(vi) the Sacramento River;
(vii) the San Joaquin River; and
(viii) the Truckee River.
(13) Non-federal participant.--The term ``non-Federal
participant'' means--
(A) a State, regional, or local authority;
(B) an Indian tribe or tribal organization; or
(C) any other qualifying entity, such as a water
conservation district, water conservancy district, or
rural water district or association, or a
nongovernmental organization.
(14) Panel.--The term ``panel'' means the climate change
and water intragovernmental panel established by the Secretary
under section 7(a).
(15) Program.--The term ``program'' means the regional
integrated sciences and assessments program--
(A) established by the Administrator; and
(B) that is comprised of 8 regional programs that
use advances in integrated climate sciences to assist
decisionmaking processes.
(16) Secretary.--
(A) In general.--Except as provided in subparagraph
(B), the term ``Secretary'' means the Secretary of the
Interior.
(B) Exceptions.--The term ``Secretary'' means--
(i) in the case of sections 4, 5, and 10,
the Secretary of the Interior (acting through
the Commissioner); and
(ii) in the case of sections 8 and 9, the
Secretary of the Interior (acting through the
Director).
(17) Service area.--The term ``service area'' means any
area that encompasses a watershed that contains a federally
authorized reclamation project that is located in any State or
area described in the first section of the Act of June 17, 1902
(43 U.S.C. 391).
SEC. 4. CLIMATE CHANGE ADAPTATION PROGRAM.
(a) In General.--The Secretary shall establish a climate change
adaptation program--
(1) to assess each effect of, and risk resulting from,
global climate change with respect to the quantity of water
resources located in a service area; and
(2) to ensure, to the maximum extent possible, that
strategies are developed at watershed and aquifer system scales
to address potential water shortages, conflicts, and other
impacts to water users located at, and the environment of, each
service area.
(b) Required Elements.--In carrying out the program described in
subsection (a), the Secretary shall--
(1) consult with the United States Geological Survey, the
National Oceanic and Atmospheric Administration, the program,
and each appropriate State water resource agency, to ensure
that the Secretary has access to the best available scientific
information with respect to presently observed and projected
future impacts of global climate change on water resources;
(2) assess specific risks to the water supply of each major
reclamation river basin, including any risk relating to--
(A) a change in snowpack;
(B) changes in the timing and quantity of runoff;
(C) changes in groundwater recharge and discharge;
and
(D) any increase in--
(i) the demand for water as a result of
increasing temperatures; and
(ii) the rate of reservoir evaporation;
(3) with respect to each major reclamation river basin,
analyze the extent to which changes in the water supply of the
United States will impact--
(A) the ability of the Secretary to deliver water
to the contractors of the Secretary;
(B) hydroelectric power generation facilities;
(C) recreation at reclamation facilities;
(D) fish and wildlife habitat;
(E) applicable species listed as an endangered,
threatened, or candidate species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
(F) water quality issues (including salinity levels
of each major reclamation river basin);
(G) flow and water dependent ecological resiliency;
and
(H) flood control management;
(4) in consultation with appropriate non-Federal
participants, consider and develop appropriate strategies to
mitigate each impact of water supply changes analyzed by the
Secretary under paragraph (3), including strategies relating
to--
(A) the modification of any reservoir storage or
operating guideline in existence as of the date of
enactment of this Act;
(B) the development of new water management,
operating, or habitat restoration plans;
(C) water conservation;
(D) improved hydrologic models and other decision
support systems; and
(E) groundwater and surface water storage needs;
and
(5) in consultation with the Director, the Administrator,
the Secretary of Agriculture (acting through the Chief of the
Natural Resources Conservation Service), and applicable State
water resource agencies, develop a monitoring plan to acquire
and maintain water resources data--
(A) to strengthen the understanding of water supply
trends; and
(B) to assist in each assessment and analysis
conducted by the Secretary under paragraphs (2) and
(3).
(c) Reporting.--Not later than 2 years after the date of enactment
of this Act, and every 5 years thereafter, the Secretary shall submit
to the appropriate committees of Congress a report that describes--
(1) each effect of, and risk resulting from, global climate
change with respect to the quantity of water resources located
in each major reclamation river basin;
(2) the impact of global climate change with respect to the
operations of the Secretary in each major reclamation river
basin;
(3) each mitigation and adaptation strategy considered and
implemented by the Secretary to address each effect of global
climate change described in paragraph (1);
(4) each coordination activity conducted by the Secretary
with--
(A) the Director;
(B) the Administrator;
(C) the Secretary of Agriculture (acting through
the Chief of the Natural Resources Conservation
Service); or
(D) any appropriate State water resource agency;
and
(5) the implementation by the Secretary of the monitoring
plan developed under subsection (b)(5).
(d) Feasibility Studies.--
(1) Authority of secretary.--The Secretary, in cooperation
with any non-Federal participant, may conduct 1 or more studies
to determine the feasibility and impact on ecological
resiliency of implementing each mitigation and adaptation
strategy described in subsection (c)(3), including the
construction of any water supply, water management,
environmental, or habitat enhancement water infrastructure that
the Secretary determines to be necessary to address the effects
of global climate change on water resources located in each
major reclamation river basin.
(2) Cost sharing.--
(A) Federal share.--
(i) In general.--Except as provided in
clause (ii), the Federal share of the cost of a
study described in paragraph (1) shall not
exceed 50 percent of the cost of the study.
(ii) Exception relating to financial
hardship.--The Secretary may increase the
Federal share of the cost of a study described
in paragraph (1) to exceed 50 percent of the
cost of the study if the Secretary determines
that, due to a financial hardship, the non-
Federal participant of the study is unable to
contribute an amount equal to 50 percent of the
cost of the study.
(B) Non-federal share.--The non-Federal share of
the cost of a study described in paragraph (1) may be
provided in the form of any in-kind services that
substantially contribute toward the completion of the
study, as determined by the Secretary.
(e) No Effect on Existing Authority.--Nothing in this section
amends or otherwise affects any existing authority under reclamation
laws that govern the operation of any Federal reclamation project.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2009 through 2023, to remain available until
expended.
SEC. 5. WATER MANAGEMENT IMPROVEMENT.
(a) Authorization of Grants and Cooperative Agreements.--
(1) Authority of secretary.--The Secretary may provide any
grant to, or enter into an agreement with, any eligible
applicant to assist the eligible applicant in planning,
designing, or constructing any improvement--
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(D) to enhance water management, including
increasing the use of renewable energy in the
management and delivery of water;
(E) to accelerate the adoption and use of advanced
water treatment technologies to increase water supply;
(F) to prevent the decline of species that the
United States Fish and Wildlife Service and National
Marine Fisheries Service have proposed for listing
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) (or candidate species that are being
considered by those agencies for such listing but are
not yet the subject of a proposed rule);
(G) to accelerate the recovery of threatened
species, endangered species, and designated critical
habitats that are adversely affected by Federal
reclamation projects or are subject to a recovery plan
or conservation plan under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) under which the
Commissioner of Reclamation has implementation
responsibilities; or
(H) to carry out any other activity--
(i) to address any climate-related impact
to the water supply of the United States that
increases ecological resiliency to the impacts
of climate change; or
(ii) to prevent any water-related crisis or
conflict at any watershed that has a nexus to a
Federal reclamation project located in a
service area.
(2) Application.--To be eligible to receive a grant, or
enter into an agreement with the Secretary under paragraph (1),
an eligible applicant shall--
(A) be located within the States and areas referred
to in the first section of the Act of June 17, 1902 (43
U.S.C. 391); and
(B) submit to the Secretary an application that
includes a proposal of the improvement or activity to
be planned, designed, constructed, or implemented by
the eligible applicant.
(3) Requirements of grants and cooperative agreements.--
(A) Compliance with requirements.--Each grant and
agreement entered into by the Secretary with any
eligible applicant under paragraph (1) shall be in
compliance with each requirement described in
subparagraphs (B) through (F).
(B) Agricultural operations.--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 eligible applicant
agrees not--
(i) to use any associated water savings to
increase the total irrigated acreage of the
eligible applicant; or
(ii) to otherwise increase the consumptive
use of water in the operation of the eligible
applicant, as determined pursuant to the law of
the State in which the operation of the
eligible applicant is located.
(C) Nonreimbursable funds.--Any funds provided by
the Secretary to an eligible applicant through a grant
or agreement under paragraph (1) shall be
nonreimbursable.
(D) Title to improvements.--If an infrastructure
improvement to a federally owned facility is the
subject of a grant or other agreement entered into
between the Secretary and an eligible applicant under
paragraph (1), the Federal Government shall continue to
hold title to the facility and improvements to the
facility.
(E) Cost sharing.--
(i) Federal share.--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) Calculation of non-federal share.--In
calculating the non-Federal share of the cost
of an infrastructure improvement or activity
proposed by an eligible applicant through an
application submitted by the eligible applicant
under paragraph (2), the Secretary shall--
(I) consider the value of any in-
kind services that substantially
contributes toward the completion of
the improvement or activity, as
determined by the Secretary; and
(II) not consider any other amount
that the eligible applicant receives
from a Federal agency.
(iii) Maximum amount.--The amount provided
to an eligible applicant through a grant or
other agreement under paragraph (1) shall be
not more than $5,000,000.
(iv) Operation and maintenance costs.--The
non-Federal share of the cost of operating and
maintaining any infrastructure improvement that
is the subject of a grant or other agreement
entered into between the Secretary and an
eligible applicant under paragraph (1) shall be
100 percent.
(F) Liability.--
(i) In general.--Except as provided under
chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims
Act''), the United States shall not be liable
for monetary damages of any kind for any injury
arising out of an act, omission, or occurrence
that arises in relation to any facility created
or improved under this section, the title of
which is not held by the United States.
(ii) Tort claims act.--Nothing in this
section increases the liability of the United
States beyond that provided in chapter 171 of
title 28, United States Code (commonly known as
the ``Federal Tort Claims Act'').
(b) Research Agreements.--
(1) Authority of secretary.--The Secretary may enter into 1
or more agreements with any university, nonprofit research
institution, or organization with water or power delivery
authority to fund any research activity that is designed--
(A) to conserve water resources;
(B) to increase the efficiency of the use of water
resources; or
(C) to enhance the management of water resources,
including increasing the use of renewable energy in the
management and delivery of water.
(2) Terms and conditions of secretary.--
(A) In general.--An agreement entered into between
the Secretary and any university, institution, or
organization described in paragraph (1) shall be
subject to such terms and conditions as the Secretary
determines to be appropriate.
(B) Availability.--The agreements under this
subsection shall be available to all Reclamation
projects and programs that may benefit from project-
specific or programmatic cooperative research and
development.
(c) Mutual Benefit.--Grants or other agreements made under this
section may be for the mutual benefit of the United States and the
entity that is provided the grant or enters into the cooperative
agreement.
(d) Relationship to Project-Specific Authority.--This section shall
not supersede any existing project-specific funding authority.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000, to remain
available until expended.
SEC. 6. HYDROELECTRIC POWER ASSESSMENT.
(a) Duty of Secretary of Energy.--The Secretary of Energy, in
consultation with the Administrator of each Federal Power Marketing
Administration, shall assess each effect of, and risk resulting from,
global climate change with respect to water supplies that are required
for the generation of hydroelectric power at each Federal water project
that is applicable to a Federal Power Marketing Administration.
(b) Access to Appropriate Data.--
(1) In general.--In carrying out each assessment under
subsection (a), the Secretary of Energy shall consult with the
United States Geological Survey, the National Oceanic and
Atmospheric Administration, the program, and each appropriate
State water resource agency, to ensure that the Secretary of
Energy has access to the best available scientific information
with respect to presently observed impacts and projected future
impacts of global climate change on water supplies that are
used to produce hydroelectric power.
(2) Access to data for certain assessments.--In carrying
out each assessment under subsection (a), with respect to the
Bonneville Power Administration and the Western Area Power
Administration, the Secretary of Energy shall consult with the
Commissioner to access data and other information that--
(A) is collected by the Commissioner; and
(B) the Secretary of Energy determines to be
necessary for the conduct of the assessment.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, and every 5 years thereafter, the Secretary of Energy shall
submit to the appropriate committees of Congress a report that
describes--
(1) each effect of, and risk resulting from, global climate
change with respect to--
(A) water supplies used for hydroelectric power
generation; and
(B) power supplies marketed by each Federal Power
Marketing Administration, pursuant to--
(i) long-term power contracts;
(ii) contingent capacity contracts; and
(iii) short-term sales; and
(2) each recommendation of the Administrator of each
Federal Power Marketing Administration relating to any change
in any operation or contracting practice of each Federal Power
Marketing Administration to address each effect and risk
described in paragraph (1), including the use of purchased
power to meet long-term commitments of each Federal Power
Marketing Administration.
(d) Costs Nonreimbursable.--Any costs incurred by the Secretary of
Energy in carrying out this section shall be nonreimbursable.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2009 through 2023, to remain available until
expended.
SEC. 7. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL PANEL.
(a) Establishment.--The Secretary shall establish and lead a
climate change and water intragovernmental panel--
(1) to review the current scientific understanding of each
impact of global climate change on the quantity and quality of
water resources of the United States; and
(2) to develop any strategy that the panel determines to be
necessary to improve observational capabilities, expand data
acquisition, or take other actions--
(A) to increase the reliability and accuracy of
modeling and prediction systems to benefit water
managers at the Federal, State, and local levels; and
(B) to increase the understanding of the impacts of
climate change on aquatic ecosystems.
(b) Membership.--The panel shall be comprised of--
(1) the Secretary;
(2) the Director;
(3) the Administrator;
(4) the Secretary of Agriculture (acting through the Chief
of the Natural Resources Conservation Service);
(5) the Commissioner;
(6) the Chief of Engineers;
(7) the Administrator of the Environmental Protection
Agency; and
(8) the Secretary of Energy.
(c) Review Elements.--In conducting the review and developing the
strategy under subsection (a), the panel shall consult with State water
resource agencies, the Advisory Committee, drinking water utilities,
water research organizations, and relevant water user, environmental,
and other nongovernmental organizations--
(1) to assess the extent to which the conduct of measures
of streamflow, groundwater levels, soil moisture,
evapotranspiration rates, evaporation rates, snowpack levels,
precipitation amounts, flood risk, and glacier mass is
necessary to improve the understanding of the Federal
Government and the States with respect to each impact of global
climate change on water resources;
(2) to identify data gaps in current water monitoring
networks that must be addressed to improve the capability of
the Federal Government and the States to measure, analyze, and
predict changes to the quality and quantity of water resources,
including flood risks, that are directly or indirectly affected
by global climate change;
(3) to establish data management and communication
protocols and standards to increase the quality and efficiency
by which each Federal agency acquires and reports relevant
data;
(4) to consider options for the establishment of a data
portal to enhance access to water resource data--
(A) relating to each nationally significant
watershed and aquifer located in the United States; and
(B) that is collected by each Federal agency and
any other public or private entity for each nationally
significant watershed and aquifer located in the United
States;
(5) to expand, and integrate each initiative of the panel
with, to the maximum extent possible, any interagency
initiative in existence as of the date of enactment of this
Act, including--
(A) the national integrated drought information
system of the National Oceanic and Atmospheric
Administration;
(B) the advanced hydrologic prediction service of
the National Weather Service;
(C) the National Water Information System of the
United States Geological Survey; and
(D) the Hydrologic Information System of the
Consortium of Universities for the Advancements of
Hydrologic Sciences;
(6) to facilitate the development of hydrologic and other
models to integrate data that reflects groundwater and surface
water interactions;
(7) to apply the hydrologic and other models developed
under paragraph (6) to water resource management problems
identified by the panel, including the need to maintain or
improve ecological resiliency at watershed and aquifer system
scales; and
(8) to facilitate the development of mechanisms to
effectively combine global and regional climate models with
hydrologic and ecological models to produce water resource
information to assist water managers at the Federal, State, and
local levels in the development of adaptation strategies that
can be incorporated into long-term water management and flood-
hazard mitigation decisions.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the appropriate committees of
Congress a report that describes the review conducted, and the strategy
developed, by the panel under subsection (a).
(e) Demonstration, Research, and Methodology Development
Projects.--
(1) Authority of secretary.--The Secretary, in consultation
with the panel and the Advisory Committee, may provide grants
to, or enter into any contract, cooperative agreement,
interagency agreement, or other transaction with, an
appropriate entity to carry out any demonstration, research, or
methodology development project that the Secretary determines
to be necessary to assist in the implementation of the strategy
developed by the panel under subsection (a)(2).
(2) Requirements.--
(A) Maximum amount of federal share.--The Federal
share of the cost of any demonstration, research, or
methodology development project that is the subject of
any grant, contract, cooperative agreement, interagency
agreement, or other transaction entered into between
the Secretary and an appropriate entity under paragraph
(1) shall not exceed $1,000,000.
(B) Report.--An appropriate entity that receives
funds from a grant, contract, cooperative agreement,
interagency agreement, or other transaction entered
into between the Secretary and the appropriate entity
under paragraph (1) shall submit to the Secretary a
report describing the results of the demonstration,
research, or methodology development project conducted
by the appropriate entity.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsections (a) through (d) $2,000,000 for each of
fiscal years 2009 through 2011, to remain available until
expended.
(2) Demonstration, research, and methodology development
projects.--There is authorized to be appropriated to carry out
subsection (e) $10,000,000 for the period of fiscal years 2009
through 2013, to remain available until expended.
SEC. 8. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL SURVEY.
(a) National Streamflow Information Program.--
(1) In general.--The Secretary, in consultation with the
Advisory Committee and consistent with this section, shall
proceed with implementation of the national streamflow
information program, as reviewed by the National Research
Council in 2004.
(2) Requirements.--In conducting the national streamflow
information program, the Secretary shall--
(A) measure streamflow and related environmental
variables in nationally significant watersheds--
(i) in a reliable and continuous manner;
and
(ii) to develop a comprehensive source of
information on which public and private
decisions relating to the management of water
resources may be based;
(B) provide for a better understanding of
hydrologic extremes (including floods and droughts)
through the conduct of intensive data collection
activities during and following hydrologic extremes;
(C) establish a base network that provides
resources that are necessary for--
(i) the monitoring of long-term changes in
streamflow; and
(ii) the conduct of assessments to
determine the extent to which each long-term
change monitored under clause (i) is related to
global climate change;
(D) integrate the national streamflow information
program with data collection activities of Federal
agencies and appropriate State water resource agencies
(including the national drought information system)--
(i) to enhance the comprehensive
understanding of water availability;
(ii) to improve flood-hazard assessments;
(iii) to identify any data gap with respect
to water resources; and
(iv) to improve hydrologic forecasting; and
(E) incorporate principles of adaptive management
in the conduct of periodic reviews of information
collected under the national streamflow information
program to assess whether the objectives of the
national streamflow information program are being
adequately addressed.
(3) Improved methodologies.--The Secretary shall--
(A) improve methodologies relating to the analysis
and delivery of data; and
(B) investigate, develop, and implement new
methodologies and technologies to estimate or measure
streamflow in a more cost-efficient manner.
(4) Network enhancement.--
(A) In general.--Not later than 10 years after the
date of enactment of this Act, in accordance with
subparagraph (B), the Secretary shall--
(i) increase the number of streamgages
funded by the national streamflow information
program to a quantity of not less than 4,700
sites; and
(ii) ensure all streamgages are flood-
hardened and equipped with water-quality
sensors and modernized telemetry.
(B) Requirements of sites.--Each site described in
subparagraph (A) shall conform with the National
Streamflow Information Program plan as reviewed by the
National Research Council.
(5) Federal share.--The Federal share of the national
streamgaging network established pursuant to this subsection
shall be 100 percent of the cost of carrying out the national
streamgaging network.
(6) Authorization of appropriations.--
(A) In general.--Except as provided in subparagraph
(B), there are authorized to be appropriated such sums
as are necessary to operate the national streamflow
information program for the period of fiscal years 2009
through 2023, to remain available until expended.
(B) Network enhancement funding.--There is
authorized to be appropriated to carry out the network
enhancements described in paragraph (4) $10,000,000 for
each of fiscal years 2009 through 2019, to remain
available until expended.
(b) National Groundwater Resources Monitoring.--
(1) In general.--The Secretary shall develop a systematic
groundwater monitoring program for each major aquifer system
located in the United States.
(2) Program elements.--In developing the monitoring program
described in paragraph (1), the Secretary shall--
(A) establish appropriate criteria for monitoring
wells to ensure the acquisition of long-term, high-
quality data sets, including, to the maximum extent
possible, the inclusion of real-time instrumentation
and reporting;
(B) in coordination with the Advisory Committee and
State and local water resource agencies--
(i) assess the current scope of groundwater
monitoring based on the access availability and
capability of each monitoring well in existence
as of the date of enactment of this Act; and
(ii) develop and carry out a monitoring
plan that maximizes coverage for each major
aquifer system that is located in the United
States; and
(C) prior to initiating any specific monitoring
activities within a State after the date of enactment
of this Act, consult and coordinate with the applicable
State water resource agency with jurisdiction over the
aquifer that is the subject of the monitoring
activities, and comply with all applicable laws
(including regulations) of the State.
(3) Program objectives.--In carrying out the monitoring
program described in paragraph (1), the Secretary shall--
(A) provide data that is necessary for the
improvement of understanding with respect to surface
water and groundwater interactions;
(B) by expanding the network of monitoring wells to
reach each climate division, support the groundwater
climate response network to improve the understanding
of the effects of global climate change on groundwater
recharge and availability; and
(C) support the objectives of the assessment
program.
(4) Improved methodologies.--The Secretary shall--
(A) improve methodologies relating to the analysis
and delivery of data; and
(B) investigate, develop, and implement new
methodologies and technologies to estimate or measure
groundwater recharge, discharge, and storage in a more
cost-efficient manner.
(5) Federal share.--The Federal share of the monitoring
program described in paragraph (1) may be 100 percent of the
cost of carrying out the monitoring program.
(6) Priority.--In selecting monitoring activities
consistent with the monitoring program described in paragraph
(1), the Secretary shall give priority to those activities for
which a State or local governmental entity agrees to provide
for a substantial share of the cost of establishing or
operating a monitoring well or other measuring device to carry
out a monitoring activity.
(7) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection for the period of fiscal years 2009 through 2023, to
remain available until expended.
(c) Brackish Groundwater Assessment.--
(1) Study.--The Secretary, in consultation with State and
local water resource agencies, shall conduct a study of
available data and other relevant information--
(A) to identify significant brackish groundwater
resources located in the United States; and
(B) to consolidate any available data relating to
each groundwater resource identified under subparagraph
(A).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that includes--
(A) a description of each--
(i) significant brackish aquifer that is
located in the United States (including 1 or
more maps of each significant brackish aquifer
that is located in the United States);
(ii) data gap that is required to be
addressed to fully characterize each brackish
aquifer described in clause (i); and
(iii) current use of brackish groundwater
that is supplied by each brackish aquifer
described in clause (i); and
(B) a summary of the information available as of
the date of enactment of this Act with respect to each
brackish aquifer described in subparagraph (A)(i)
(including the known level of total dissolved solids in
each brackish aquifer).
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
the period of fiscal years 2009 through 2011, to remain
available until expended.
(d) Improved Water Estimation, Measurement, and Monitoring
Technologies.--
(1) Authority of secretary.--The Secretary may provide
grants on a nonreimbursable basis to appropriate entities with
expertise in water resource data acquisition and reporting,
including Federal agencies, the Water Resources Research
Institutes and other academic institutions, and private
entities, to--
(A) investigate, develop, and implement new
methodologies and technologies to estimate or measure
water resources data in a cost-efficient manner; and
(B) improve methodologies relating to the analysis
and delivery of data.
(2) Priority.--In providing grants to appropriate entities
under paragraph (1), the Secretary shall give priority to
appropriate entities that propose the development of new
methods and technologies for--
(A) predicting and measuring streamflows;
(B) estimating changes in the storage of
groundwater;
(C) improving data standards and methods of
analysis (including the validation of data entered into
geographic information system databases);
(D) measuring precipitation and potential
evapotranspiration; and
(E) water withdrawals, return flows, and
consumptive use.
(3) Partnerships.--In recognition of the value of
collaboration to foster innovation and enhance research and
development efforts, the Secretary shall encourage
partnerships, including public-private partnerships, between
and among Federal agencies, academic institutions, and private
entities to promote the objectives described in paragraph (1).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2009 through 2019.
SEC. 9. NATIONAL WATER AVAILABILITY AND USE ASSESSMENT PROGRAM.
(a) Establishment.--The Secretary, in coordination with the
Advisory Committee and State and local water resource agencies, shall
establish a national assessment program to be known as the ``national
water availability and use assessment program''--
(1) to provide a more accurate assessment of the status of
the water resources of the United States;
(2) to assist in the determination of the quantity of water
that is available for beneficial uses;
(3) to assist in the determination of the quality of the
water resources of the United States;
(4) to identify long-term trends in water availability;
(5) to use each long-term trend described in paragraph (4)
to provide a more accurate assessment of the change in the
availability of water in the United States; and
(6) to develop the basis for an improved ability to
forecast the availability of water for future economic, energy
production, and environmental uses.
(b) Program Elements.--
(1) Water use.--In carrying out the assessment program, the
Secretary shall conduct any appropriate activity to carry out
an ongoing assessment of water use in hydrologic accounting
units and major aquifer systems located in the United States,
including--
(A) the maintenance of a comprehensive national
water use inventory to enhance the level of
understanding with respect to the effects of spatial
and temporal patterns of water use on the availability
and sustainable use of water resources;
(B) the incorporation of water use science
principles, with an emphasis on applied research and
statistical estimation techniques in the assessment of
water use;
(C) the integration of any dataset maintained by
any other Federal or State agency into the dataset
maintained by the Secretary; and
(D) a focus on the scientific integration of any
data relating to water use, water flow, or water
quality to generate relevant information relating to
the impact of human activity on water and ecological
resources.
(2) Water availability.--In carrying out the assessment
program, the Secretary shall conduct an ongoing assessment of
water availability by--
(A) developing and evaluating nationally consistent
indicators that reflect each status and trend relating
to the availability of water resources in the United
States, including--
(i) surface water indicators, such as
streamflow and surface water storage measures
(including lakes, reservoirs, perennial
snowfields, and glaciers);
(ii) groundwater indicators, including
groundwater level measurements and changes in
groundwater levels due to--
(I) natural recharge;
(II) withdrawals;
(III) saltwater intrusion;
(IV) mine dewatering;
(V) land drainage;
(VI) artificial recharge; and
(VII) other relevant factors, as
determined by the Secretary; and
(iii) impaired surface water and
groundwater supplies that are known,
accessible, and used to meet ongoing water
demands;
(B) maintaining a national database of water
availability data that--
(i) is comprised of maps, reports, and
other forms of interpreted data;
(ii) provides electronic access to the
archived data of the national database; and
(iii) provides for real-time data
collection; and
(C) developing and applying predictive modeling
tools that integrate groundwater, surface water, and
ecological systems.
(c) Grant Program.--
(1) Authority of secretary.--The Secretary may provide
grants to State water resource agencies to assist State water
resource agencies in--
(A) developing water use and availability datasets
that are integrated with each appropriate dataset
developed or maintained by the Secretary; or
(B) integrating any water use or water availability
dataset of the State water resource agency into each
appropriate dataset developed or maintained by the
Secretary.
(2) Criteria.--To be eligible to receive a grant under
paragraph (1), a State water resource agency shall demonstrate
to the Secretary that the water use and availability dataset
proposed to be established or integrated by the State 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 State or the State water resource agency to carry
out each water management and regulatory responsibility
of the officials of the State in accordance with each
applicable law of the State.
(3) Maximum amount.--The amount of a grant provided to a
State water resource agency under paragraph (1) shall be an
amount not more than $250,000.
(d) Report.--Not later than December 31, 2012, and every 5 years
thereafter, the Secretary shall submit to the appropriate committees of
Congress a report that provides a detailed assessment of--
(1) the current availability of water resources in the
United States, including--
(A) historic trends and annual updates of river
basin inflows and outflows;
(B) surface water storage;
(C) groundwater reserves; and
(D) estimates of undeveloped potential resources
(including saline and brackish water and wastewater);
(2) significant trends affecting water availability,
including each documented or projected impact to the
availability of water as a result of global climate change;
(3) the withdrawal and use of surface water and groundwater
by various sectors, including--
(A) the agricultural sector;
(B) municipalities;
(C) the industrial sector;
(D) thermoelectric power generators; and
(E) hydroelectric power generators;
(4) significant trends relating to each water use sector,
including significant changes in water use due to the
development of new energy supplies;
(5) significant water use conflicts or shortages that have
occurred or are occurring; and
(6) each factor that has caused, or is causing, a conflict
or shortage described in paragraph (5).
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsections (a), (b), and (d) $20,000,000 for each of
fiscal years 2009 through 2023, to remain available until
expended.
(2) Grant program.--There is authorized to be appropriated
to carry out subsection (c) $12,500,000 for the period of
fiscal years 2009 through 2013, to remain available until
expended.
SEC. 10. RESEARCH AGREEMENT AUTHORITY.
The Secretary may enter into contracts, grants, or cooperative
agreements, for periods not to exceed 5 years, to carry out research
within the Bureau of Reclamation.
SEC. 11. EFFECT.
(a) In General.--Nothing in this Act supersedes or limits any
existing authority provided, or responsibility conferred, by any
provision of law.
(b) Effect on State Water Law.--
(1) In general.--Nothing in this Act preempts or affects
any--
(A) State water law; or
(B) interstate compact governing water.
(2) Compliance required.--The Secretary shall comply with
applicable State water laws in carrying out this Act.
Calendar No. 979
110th CONGRESS
2d Session
S. 2156
_______________________________________________________________________
A BILL
To authorize and facilitate the improvement of water management by the
Bureau of Reclamation, to require the Secretary of the Interior and the
Secretary of Energy to increase the acquisition and analysis of water-
related data to assess the long-term availability of water resources
for irrigation, hydroelectric power, municipal, and environmental uses,
and for other purposes.
_______________________________________________________________________
September 16, 2008
Reported with an amendment