[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2533 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 2533
To provide short-term water supplies to drought-stricken California and
provide for long-term investments in drought resiliency throughout the
Western United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2016
Mrs. Feinstein introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide short-term water supplies to drought-stricken California and
provide for long-term investments in drought resiliency throughout the
Western United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``California Long-
Term Provisions for Water Supply and Short-Term Provisions for
Emergency Drought Relief Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Findings.
Sec. 4. Definitions.
TITLE I--LONG-TERM IMPROVEMENTS FOR WESTERN STATES SUBJECT TO DROUGHT
Subtitle A--Assistance for Drought-Stricken Communities
Sec. 101. Assistance for drought-stricken communities and WaterSMART
reauthorization.
Sec. 102. Utilizing State revolving funds for areas with inadequate
water supplies.
Subtitle B--Storage Provisions
Sec. 111. Definitions.
Sec. 112. Water storage project construction.
Sec. 113. Reservoir operation improvement.
Sec. 114. Findings.
Sec. 115. Studies.
Sec. 116. Losses caused by construction and operation of water storage
projects.
Subtitle C--Desalination, Water Reuse and Recycling, and Conservation
Sec. 121. Water recycling and desalination projects.
Sec. 122. Reauthorization of Water Desalination Act.
Sec. 123. New water recycling and reuse projects.
Sec. 124. Promoting water efficiency with WaterSense.
Subtitle D--Reclamation Infrastructure Finance and Innovation
Sec. 131. Purposes.
Sec. 132. Definitions.
Sec. 133. Authority to provide assistance.
Sec. 134. Applications.
Sec. 135. Eligibility for assistance.
Sec. 136. Determination of eligibility and project selection.
Sec. 137. Secured loans.
Sec. 138. Program administration.
Sec. 139. State and local permits.
Sec. 140. Regulations.
Sec. 141. Funding.
TITLE II--LISTED SPECIES AND WILDLIFE
Sec. 201. Actions to benefit endangered fish populations.
Sec. 202. Actions to benefit refuges.
Sec. 203. Non-Federal program to protect native anadromous fish in
Stanislaus River.
Sec. 204. Pilot projects to implement CALFED invasive species program.
TITLE III--CALIFORNIA EMERGENCY DROUGHT RELIEF AND OPERATIONAL
FLEXIBILITY
Sec. 301. Taking into account increased real-time monitoring and
updated science.
Sec. 302. Emergency operations.
Sec. 303. Temporary operational flexibility to capture peak flows from
winter storms.
Sec. 304. Emergency environmental reviews.
Sec. 305. Level of detail required for analysis.
TITLE IV--WATER RIGHTS
Sec. 401. Offset for State Water Project.
Sec. 402. Area of origin and water rights protections.
Sec. 403. No redirected adverse impacts.
Sec. 404. Allocations for Sacramento Valley water service contractors.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Authorized service area.
Sec. 502. Oversight over and public input into Restoration Fund
activities.
Sec. 503. Basin studies.
Sec. 504. Technical and modeling assistance.
Sec. 505. Report on results of water usage.
Sec. 506. Additional storage at New Melones.
Sec. 507. Contracting authorities.
Sec. 508. Voluntary open water data system.
Sec. 509. Single annual report.
TITLE VI--OFFSETS
Sec. 601. Deauthorization of inactive projects.
Sec. 602. Accelerated revenue, repayment, and surface water storage
enhancement.
TITLE VII--DURATION AND EFFECT ON EXISTING OBLIGATIONS
Sec. 701. Savings clause.
Sec. 702. Termination.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to help communities most at risk of running out of
clean water;
(2) to provide funding and support for long-term solutions
including water storage, desalination and recycling;
(3) to protect threatened and endangered species; and
(4) to facilitate the movement of water to communities most
in need while adhering to all environmental laws.
SEC. 3. FINDINGS.
Congress finds that--
(1) California is experiencing one of the most severe
droughts on record, with the snowpack at the lowest levels in
500 years;
(2) Governor Jerry Brown declared a drought state of
emergency on January 17, 2014, and subsequently imposed strict
water reductions on communities throughout the State;
(3) the drought constitutes a serious emergency that poses
immediate and severe risks to--
(A) human health and safety;
(B) economic security; and
(C) the environment;
(4) wells that provide households with clean water have
dried up due to 4 consecutive years of drought, with
approximately 2,591 domestic wells statewide identified as
critical or dry, affecting an estimated 12,955 residents, many
in the Central Valley;
(5) rural and disadvantaged communities have been hardest
hit, placing great strain on drinking water supplies in the
Southern San Joaquin Valley--
(A) 69 communities in Southern San Joaquin Valley
have reported significant water supply and quality
issues; and
(B) East Porterville is particularly hard hit, with
40 percent, or 3,000, of its residents, without running
water;
(6) the State of California's water supplies are at record-
low levels, as indicated by the fact that major Central Valley
Project reservoir levels were anywhere from 30 percent to 79
percent of their historical average as of February 8, 2016;
(7) while storage levels are below their historical
averages, snowpack is the deepest it's been since 2005, the
State of California's Department of Water Resources found in
its survey conducted on February 2, 2016, that the snow-water
equivalent (the amount of water in the snowpack) was 130
percent above the February average;
(8) the drought has resulted in many lost jobs including
more than 21,000 seasonal and part-time agricultural jobs--
resulting in a 10.9 percent unemployment rate in the Central
Valley, double the statewide unemployment rate of 5.7 percent,
as of December 15, 2015;
(9) thousands of families have been affected, placing ever
greater demands on food banks and other relief organizations,
and as of December 21, 2015--
(A) the California Department of Social Services
Drought Food Assistance Program has provided more than
1,000,000 boxes to food banks in affected communities
with high levels of unemployment; and
(B) nearly 72 percent of the food distributions
have occurred in the Tulare Basin counties of Fresno,
Kern, Kings, and Tulare;
(10) 2015 statewide economic costs are estimated at
$2,700,000,000, including but not limited to--
(A) the loss of $900,000,000 in crop revenue;
(B) the loss of $350,000,000 in dairy and other
livestock value; and
(C) an increase of $590,000,000 in groundwater
pumping costs;
(11) 1,032,508 acres in California's Central Valley were
fallowed in 2015, a 626,512 acre increase from 2011;
(12) the drought is imperiling California's forests, which
provide important ecological, economic, and cultural benefits
to the State, and among the effects of the drought--
(A) loss of 50,000,000 large trees due to stress
from lack of water;
(B) 888,000,000 trees, covering 26,000,000 acres of
California forest land, experienced losses of canopy
cover since 2011, threatening ecosystem destruction and
loss of animal habitat; and
(C) 6,337 fires covering 307,598 acres occurred in
2015;
(13) fish continue to be threatened by the extended
drought, compounding effects on two endangered species, further
reducing river flows and increasing water temperatures--
(A) Delta smelt abundance are at a historic low, as
evidenced by long-term monitoring surveys; and
(B) the abundance of the last remaining population
of wild Sacramento River winter run Chinook salmon
continue to decline, with mortality rates between 95
percent and 97 percent over the past 2 years, according
to the National Oceanic and Atmospheric Administration;
(14) wildlife has also been affected, with Level 2 water
deliveries to wildlife refuges under the Central Valley Project
Improvement Act reduced by 25 percent in the north-of-Delta
region and 35 percent in the south-of-Delta region, and
delivery schedules shortened to only the winter months, and--
(A) these reduced water supplies have contributed
to a decline of the Pacific Flyway, a migratory route
for waterfowl that spans from Alaska to South America;
(B) the reduction in water supplies has led to a
significant decline in flooded rice fields, a vital
habitat for migratory birds. Only one-third of the
usual acres of rice fields were flooded in 2015; and
(C) the reduction of available habitat for
migratory waterfowl contributed to a decreased food
availability in wildlife refuges and an increased risk
of disease due to overcrowding of birds;
(15) subsidence in California is occurring at more than 12
inches per year, caused in part by an increase in groundwater
pumping of more than 6,000,000 acre feet, some areas in the
Central Valley have sunk as much as 2 inches per month, and the
damage from subsidence is wide-ranging--
(A) roads, bridges, building foundations,
pipelines, canals, dams, and other infrastructure has
been damaged;
(B) vital aquifers have been depleted;
(C) vital levees have sustained cracks and
ruptures; and
(D) shallow aquifers have become vulnerable to
contamination as surface water infiltrates through
fissures in the soil;
(16) the California Department of Water Resources
identified 21 groundwater basins where excessive groundwater
pumping has resulted in overdraft, 11 of which are in the San
Joaquin Valley;
(17) California homes, cities, wildlife, businesses and
farming need more water than is available today, particularly
in the San Joaquin Valley;
(18) Congress recognizes that providing more water to those
who need it most will require science-based management of water
supplies and fish and wildlife resources, including--
(A) alternative management strategies, such as
removing nonnative species, enhancing habitat,
monitoring fish movement and location in real-time, and
improving water quality in the Delta, which could
contribute significantly to protecting and recovering
those endangered fish species, and at potentially lower
costs to water supplies than solely focusing on
restrictions on water exports; and
(B) updated science and improved monitoring tools
that provide Federal and State agencies with better
information about conditions and operations that may or
may not lead to high salvage events that jeopardize
fish populations; and
(19) given the dire effects outlined above and the
potential for continued harm, this emergency requires--
(A) immediate and credible action that takes into
account the complexity and importance of the water
system to the State; and
(B) policies that do not position stakeholders
against one another, which in the past has led to
costly litigation that benefits no one and prevents any
real solutions.
SEC. 4. DEFINITIONS.
In this Act:
(1) Assistant administrator.--The term ``Assistant
Administrator'' means the Assistant Administrator for Fisheries
of the National Oceanic and Atmospheric Administration.
(2) Central valley project.--The term ``Central Valley
Project'' has the meaning given the term in section 3403 of the
Central Valley Project Improvement Act (Public Law 102-575; 106
Stat. 4707).
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(4) Delta.--The term ``Delta'' means the Sacramento-San
Joaquin Delta and the Suisun Marsh (as defined in section 12220
of the California Water Code and section 29101 of the
California Public Resources Code (as in effect on the date of
enactment of this Act)).
(5) Delta smelt.--The term ``Delta smelt'' means the fish
species with the scientific name Hypomesus transpacificus.
(6) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(7) Listed fish species.--The term ``listed fish species''
means--
(A) any natural origin steelhead, natural origin
genetic spring run Chinook, or genetic winter run
Chinook salmon (including any hatchery steelhead or
salmon population within the evolutionary significant
unit or a distinct population segment); and
(B) Delta smelt.
(8) OMR.--The term ``OMR'' means the Old and Middle River
in the Delta.
(9) OMR flow.--The term ``OMR flow'' means Old and Middle
River flow of any given measurement, expressed in cubic feet
per second, as described in--
(A) the smelt biological opinion; and
(B) the salmonid biological opinion.
(10) Reclamation state.--The term ``Reclamation State''
means any of the States of--
(A) Arizona;
(B) California;
(C) Colorado;
(D) Idaho;
(E) Kansas;
(F) Montana;
(G) Nebraska;
(H) Nevada;
(I) New Mexico;
(J) North Dakota;
(K) Oklahoma;
(L) Oregon;
(M) South Dakota;
(N) Texas;
(O) Utah;
(P) Washington; and
(Q) Wyoming.
(11) Salmonid biological opinion.--
(A) In general.--The term ``salmonid biological
opinion'' means the biological and conference opinion
of the National Marine Fisheries Service dated June 4,
2009, regarding the long-term operation of the Central
Valley Project and the State Water Project, and
successor biological opinions.
(B) Inclusions.--The term ``salmonid biological
opinion'' includes the operative incidental take
statement of the opinion described in subparagraph (A).
(12) Smelt biological opinion.--
(A) In general.--The term ``smelt biological
opinion'' means the biological opinion dated December
15, 2008, regarding the coordinated operation of the
Central Valley Project and the State Water Project, and
successor biological opinions.
(B) Inclusions.--The term ``smelt biological
opinion'' includes the operative incidental take
statement of the opinion described in subparagraph (A).
(13) State water project.--The term ``State Water Project''
means the water project described in chapter 5 of part 3 of
division 6 of the California Water Code (sections 11550 et
seq.) (as in effect on the date of enactment of this Act) and
operated by the California Department of Water Resources.
TITLE I--LONG-TERM IMPROVEMENTS FOR WESTERN STATES SUBJECT TO DROUGHT
Subtitle A--Assistance for Drought-Stricken Communities
SEC. 101. ASSISTANCE FOR DROUGHT-STRICKEN COMMUNITIES AND WATERSMART
REAUTHORIZATION.
(a) Findings.--Congress finds that--
(1) across the United States, more than 90 percent of the
community water systems serve populations of less than 10,000
individuals;
(2) the number of dry wells continues to increase as the
State of California entered the fourth consecutive summer of
drought, with approximately 2,591 wells statewide identified as
critical or dry, which affected an estimated 12,955 residents,
with 2,444 of the 2,502 of the dry wells concentrated in the
inland regions within the Central Valley;
(3) many areas of the State of California are
disproportionately impacted by drought because the areas are
heavily dependent or completely reliant on groundwater from
basins that are in overdraft and in which the water table
declines year after year or from basins that are contaminated;
and
(4) those communities throughout the State of California
have been impacted by the presence of naturally occurring
arsenic in the groundwater among other contaminants, as a
result of higher concentration of contaminants in the water.
(b) Amendment.--Section 9504 of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10364) is amended--
(1) by redesignating subsections (b) through (e) as
subsections (d) through (f), respectively;
(2) by inserting after subsection (b) the following:
``(c) Water Storage, Integrated Regional Water Management,
Reclamation, and Recycling Projects.--
``(1) In general.--The Secretary of the Interior is
authorized to enter into cost shared financial assistance and
other long-term agreements with non-Federal participants to
advance the planning, design, and construction of non-Federal
permanent water storage and conveyance facilities, projects for
the reclamation and reuse of municipal, industrial, domestic
and agricultural wastewater, and naturally impaired ground and
surface waters, groundwater recharge, and other water
management improvement projects for which the Secretary of the
Interior is authorized under this subtitle to assist an
applicant in the planning, design, and construction.
``(2) Authority to provide assistance.--The Secretary of
the Interior may provide financial assistance under this
subtitle to carry out projects within--
``(A) any Reclamation State, including--
``(i) Arizona;
``(ii) California;
``(iii) Colorado;
``(iv) Idaho;
``(v) Kansas;
``(vi) Montana;
``(vii) Nebraska;
``(viii) Nevada;
``(ix) New Mexico;
``(x) North Dakota;
``(xi) Oklahoma;
``(xii) Oregon;
``(xiii) South Dakota;
``(xiv) Texas;
``(xv) Utah;
``(xvi) Washington; and
``(xvii) Wyoming; and
``(B) the States of Alaska and Hawaii.
``(3) Priority.--In providing financial assistance under
this section, the Secretary of the Interior shall give priority
to storage, conveyance, and water management improvement
projects that--
``(A) ensure the efficient and beneficial use of
water or reuse of recycled water;
``(B) use integrated and coordinated water
management on a watershed or regional scale;
``(C) increase the availability of usable water
supplies in a watershed or region to benefit
individuals, the economy, and the environment and
include adaptive measures needed to address climate
change and future demands;
``(D) where practicable, provide flood control or
recreation benefits and include the development of
incremental hydroelectric power generation; and
``(E) generate environmental benefits, such as
benefits to fisheries, wildlife and habitat, water
quality, water-dependent ecological systems, and water
supply benefits to agricultural and urban water users.
``(4) Federal cost share.--The Federal share of the cost of
a project under this subsection shall be--
``(A) an amount equal to the lesser of--
``(i) 25 percent of total costs; and
``(ii) $20,000,000 (adjusted for
inflation); and
``(B) nonreimbursable.
``(5) In-kind contributions.--The non-Federal share of the
cost of a project under this subsection may include in-kind
contributions to the planning, design, and construction of the
project.
``(6) Title; operation and maintenance costs.--The non-
Federal entity entering into a financial assistance agreement
under this subsection shall--
``(A) hold title in and to all facilities
constructed under this subsection; and
``(B) be solely responsible for the costs of
operating and maintaining those facilities.''; and
(3) in subsection (f) (as redesignated by paragraph (1)),
by striking ``$350,000,000'' and inserting ``$500,000,000''.
(c) Amendment.--Section 9508 of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10368) is amended--
(1) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Additional Assistance for Communities Without Access to
Adequate Water.--
``(1) In general.--To assist disadvantaged communities that
have experienced a significant decline in quantity or quality
of drinking water, and to obtain or maintain adequate
quantities of water that meet the standards set by the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.), the
Secretary of the Interior is authorized to provide grants for
communities--
``(A) that are unable to meet the primary water
quality standards under that Act; or
``(B) the local private or public water supply of
which has been lost or severely diminished due to
drought conditions.
``(2) Eligible communities.--To be eligible to receive a
grant under this subsection, a community shall carry out a
project described in paragraph (3), the service area of which--
``(A) shall not be located in any city or town with
a population of more than 60,000 residents; and
``(B) has a median household income of less than
100 percent of the nonmetropolitan median household
income of the State.
``(3) Eligible projects.--Projects eligible for this
program may be used for--
``(A) emergency water supplies;
``(B) point of use treatment and point of entry
systems;
``(C) distributed treatment facilities;
``(D) construction of new water source facilities
including wells and connections to existing systems;
``(E) water distribution facilities;
``(F) connection fees to existing systems;
``(G) assistance to households to connect to water
facilities; and
``(H) any combination of activities described in
subparagraphs (A) through (G).
``(4) Prioritization.--In determining priorities for
funding projects, the Secretary of the Interior shall take into
consideration--
``(A) where water outages--
``(i) are most serious; and
``(ii) pose the greatest threat to public
health and safety; and
``(B) whether the applicant has the ability to
qualify for alternative funding sources.
``(5) Maximum amount.--The amount of a grant provided under
this section may be made up to 100 percent of costs,
including--
``(A) initial operation costs incurred for start-up
and testing of project facilities;
``(B) components to ensure such facilities and
components are properly operational; and
``(C) costs of operation or maintenance incurred
subsequent to placing the facilities or components into
service.''.
SEC. 102. UTILIZING STATE REVOLVING FUNDS FOR AREAS WITH INADEQUATE
WATER SUPPLIES.
(a) In General.--For the 5-year period beginning on the date of
enactment of this Act, in allocating amounts to California from the
Clean Water State Revolving Fund established under title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and the
Drinking Water State Revolving Fund established under section 1452 of
the Safe Drinking Water Act (42 U.S.C. 300j-12) for any project
eligible to receive assistance under section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) or section 1452(a)(2) of the
Safe Drinking Water Act (42 U.S.C. 300j-12(a)(2)), respectively, that
the State of California determines will provide additional water
supplies most expeditiously to areas that are at risk of having an
inadequate supply of water for public health and safety purposes or to
improve resiliency to drought, the Administrator of the Environmental
Protection Agency shall--
(1) require the State of California to review and
prioritize funding;
(2) make a finding on any request for a waiver received
from the State of California by not later than 30 days after
the date of conclusion of the informal public comment period
pursuant to section 436(c) of division G of Public Law 113-76
(128 Stat. 347); and
(3) authorize, at the request of the State of California,
40-year financing for assistance under section 603(d)(2) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(d)(2)) or
section 1452(f)(2) of the Safe Drinking Water Act (42 U.S.C.
300j-12(f)(2)), as applicable.
(b) Effect of Section.--Nothing in this section authorizes the
Administrator of the Environmental Protection Agency to modify any
funding allocation, funding criteria, or other requirement relating to
State water pollution control revolving funds established under title
VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.)
or the State drinking water treatment revolving loan funds established
under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12)
for any State other than California.
Subtitle B--Storage Provisions
SEC. 111. DEFINITIONS.
In this subtitle:
(1) Federally owned storage project.--The term ``federally
owned storage project'' means any project involving a surface
water storage facility in a Reclamation State--
(A) to which the United States holds title; and
(B) that was authorized to be constructed,
operated, and maintained pursuant to the reclamation
laws.
(2) State-led storage project.--The term ``State-led
storage project'' means any project in a Reclamation State
that--
(A) involves a groundwater or surface water storage
facility constructed, operated, and maintained by any
State, department of a State, subdivision of a State,
or public agency organized pursuant to State law; and
(B) provides a benefit in meeting any obligation
under Federal law (including regulations).
SEC. 112. WATER STORAGE PROJECT CONSTRUCTION.
(a) Federally Owned Storage Projects.--
(1) Agreements.--On the request of any State, any
department, agency, or subdivision of a State, or any public
agency organized pursuant to State law, the Secretary of the
Interior may negotiate and enter into an agreement on behalf of
the United States for the design, study, and construction or
expansion of any federally owned storage project in accordance
with this section.
(2) Federal cost share.--Subject to the requirements of
this subsection, the Secretary of the Interior may participate
in a federally owned storage project in an amount equal to not
more than 50 percent of the total cost of the federally owned
storage project.
(3) Commencement.--The construction of a federally owned
storage project that is the subject of an agreement under this
subsection shall not commence until the Secretary of the
Interior--
(A) determines that the proposed federally owned
storage project is feasible in accordance with the
reclamation laws;
(B) secures an agreement providing upfront funding
as is necessary to pay the non-Federal share of the
capital costs; and
(C) determines that, in return for the Federal
cost-share investment in the federally owned storage
project, at least a proportionate share of the project
benefits are Federal benefits, including water supplies
dedicated to specific purposes such as environmental
enhancement and wildlife refuges.
(4) Environmental laws.--In participating in a federally
owned storage project under this subsection, the Secretary of
the Interior shall comply with all applicable environmental
laws, including the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(b) State-Led Storage Projects.--
(1) In general.--Subject to the requirements of this
subsection, the Secretary of the Interior may participate in a
State-led storage project in an amount equal to not more than
25 percent of the total cost of the State-led storage project.
(2) Request by governor.--Participation by the Secretary of
the Interior in a State-led storage project under this
subsection shall not occur unless--
(A) the participation has been requested by the
Governor of the State in which the State-led storage
project is located;
(B) the State or local sponsor determines, and the
Secretary of the Interior concurs, that--
(i) the State-led storage project is
technically and financially feasible;
(ii) sufficient non-Federal funding is
available to complete the State-led storage
project; and
(iii) the State-led storage project
sponsors are financially solvent;
(C) the Secretary of the Interior determines that,
in return for the Federal cost-share investment in the
State-led storage project, at least a proportional
share of the project benefits are the Federal benefits,
including water supplies dedicated to specific purposes
such as environmental enhancement and wildlife refuges;
and
(D) the Secretary of the Interior submits to
Congress a written notification of these
determinations.
(3) Environmental laws.--When participating in a State-led
storage project under this subsection, the Secretary shall
comply with all applicable environmental laws, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(4) Information.--When participating in a State-led storage
project under this subsection, the Secretary of the Interior--
(A) may rely on reports prepared by the sponsor of
the State-led storage project, including feasibility
(or equivalent) studies, environmental analyses, and
other pertinent reports and analyses; but
(B) shall retain responsibility for making the
independent determinations described in paragraph (2).
(c) Authority To Provide Assistance.--The Secretary of the Interior
may provide financial assistance under this subtitle to carry out
projects within any Reclamation State, including--
(1) Arizona;
(2) California;
(3) Colorado;
(4) Idaho;
(5) Kansas;
(6) Montana;
(7) Nebraska;
(8) Nevada;
(9) New Mexico;
(10) North Dakota;
(11) Oklahoma;
(12) Oregon;
(13) South Dakota;
(14) Texas;
(15) Utah;
(16) Washington; and
(17) Wyoming.
(d) Rights To Use Capacity.--Subject to compliance with State water
rights laws, the right to use the capacity of a federally owned storage
project or State-led storage project for which the Secretary of the
Interior has entered into an agreement under this subsection shall be
allocated in such manner as may be mutually agreed to by the Secretary
of the Interior and each other party to the agreement.
(e) Compliance With California Water Bond.--
(1) In general.--The provision of Federal funding for
construction of a State-led storage project in the State shall
be subject to the condition that the California Water
Commission shall determine that the State-led storage project
is consistent with the California Water Quality, Supply, and
Infrastructure Improvement Act, approved by California voters
on November 4, 2014.
(2) Applicability.--This subsection expires on the date on
which State bond funds available under the Act referred to in
paragraph (1) are expended.
(f) Partnership and Agreements.--The Secretary of the Interior,
acting through the Commissioner, may partner or enter into an agreement
regarding the water storage projects identified in section 103(d)(1) of
the Water Supply, Reliability, and Environmental Improvement Act
(Public Law 108-361; 118 Stat. 1688) with local joint powers
authorities formed pursuant to State law by irrigation districts and
other local water districts and local governments within the applicable
hydrologic region, to advance those projects.
(g) CALFED Authorization.--Title I of Public Law 108-361 (the
Calfed Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 2860;
128 Stat. 164; 128 Stat. 2312) (as amended by section 207 of Public Law
114-113) is amended by striking ``2017'' each place it appears and
inserting ``2019''.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $600,000,000 to remain available until
expended.
(2) Eligibility.--Only a federally owned storage project or
State-led storage project that has been determined by the
Secretary of the Interior to meet the eligibility criteria
described in subsections (a) and (b) shall be eligible to
receive funding under this section.
(i) Sunset.--This section shall apply only to federally owned
storage projects and State-led storage projects that the Secretary of
the Interior determines to be feasible before January 1, 2021.
(j) Consistency With State Law.--Nothing in this section preempts
or modifies any obligation of the United States to act in conformance
with applicable State law.
SEC. 113. RESERVOIR OPERATION IMPROVEMENT.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of the Army shall submit to the Committees on
Appropriations and Environment and Public Works of the Senate and the
Committees on Appropriations and Transportation and Infrastructure of
the House of Representatives a report describing, with respect to any
State under a gubernatorial drought declaration during water year 2015,
the following:
(1) A list of Corps of Engineer projects and non-Federal
projects operated for flood control in accordance with rules
prescribed by the Secretary of the Army pursuant to section 7
of the Act of December 22, 1944 (commonly known as the ``Flood
Control Act of 1944'' (58 Stat. 890, chapter 665)).
(2) The year during which the original water control manual
was approved.
(3) The year during which any subsequent revisions to the
water control plan and manual of the project are proposed to
occur.
(4) A list of projects for which operational deviations for
drought contingency have been requested, and the status of the
request.
(5) The means by which water conservation and water quality
improvements were addressed.
(6) A list of projects for which permanent or seasonal
changes to storage allocations have been requested, and the
status of the request.
(b) Project Identification.--Not later than 60 days after the date
of completion of the report under subsection (a), the Secretary of the
Army shall identify any projects described in the report that meet the
following criteria:
(1) The project is located in a State in which a drought
emergency has been declared or was in effect during the 1-year
period preceding the date of final review by the Secretary.
(2) The water control manual and hydrometeorological
information establishing the flood control rule curves of the
project are considered out of date as a result of not being
updated for a period of 20 years.
(3) A non-Federal sponsor of a Corps of Engineers project,
or owner of a non-Federal project, as applicable, has submitted
to the Secretary a written request to revise water operations
manuals, including flood control rule curves, based on the use
of improved weather forecasting or run-off forecasting methods,
new watershed data, changes to project operations, or
structural improvements.
(c) Pilot Projects.--
(1) In general.--Not later than 1 year after the date of
identification of projects under subsection (b), if any, the
Secretary of the Army shall carry out not more than 15 pilot
projects, including not less than 6 non-Federal projects
(within the meaning of subsection (a)(1)), if any are
identified under subsection (b), to implement revisions of
water operations manuals, including flood control rule curves,
based on the best available science, which may include--
(A) forecast-informed operations;
(B) new watershed data; and
(C) if applicable, in the case of non-Federal
projects, structural improvements.
(2) Consultation.--In implementing the pilot projects
pursuant to this subsection, the Secretary of the Army shall
consult with all affected interests, including--
(A) non-Federal entities responsible for operations
and maintenance costs of a Corps of Engineers facility;
(B) affected water rights holders;
(C) individuals and entities with storage
entitlements; and
(D) local agencies with flood control
responsibilities downstream of a Corps of Engineers
facility.
(d) Coordination With Non-Federal Project Entities.--Before
carrying out an activity under this section, if a project identified
under subsection (b) is--
(1) a non-Federal project, the Secretary of the Army
shall--
(A) consult with the non-Federal project owner; and
(B) enter into a cooperative agreement, memorandum
of understanding, or other agreement with the non-
Federal project owner describing the scope and goals of
the activity and the coordination among the parties; or
(2) owned and operated by the Corps of Engineers, the
Secretary of the Army shall--
(A) consult with each non-Federal entity (including
a municipal water district, irrigation district, joint
powers authority, or other local governmental entity)
that currently--
(i) manages (in whole or in part) a Corps
of Engineers dam or reservoir; or
(ii) is responsible for operations and
maintenance costs; and
(B) enter into a cooperative agreement, memorandum
of understanding, or other agreement with each the
entity describing the scope and goals of the activity
and the coordination among the parties.
(e) Consideration.--In designing and implementing a forecast-
informed reservoir operations plan, the Secretary of the Army shall
work closely with the National Oceanic and Atmospheric Administration
and may consider--
(1) the relationship between ocean and atmospheric
conditions, including the El Nino and La Nina cycles, and the
potential for above-normal, normal, and below-normal rainfall
for the coming water year, including consideration of
atmospheric river forecasts;
(2) the precipitation and runoff index specific to the
basin and watershed of the relevant dam or reservoir, including
incorporating knowledge of hydrological and meteorological
conditions that influence the timing and quantity of runoff;
(3) improved hydrologic forecasting for precipitation,
snowpack, and soil moisture conditions;
(4) an adjustment of operational flood control rule curves
to optimize water supply storage and reliability, hydropower
production, environmental benefits for flows and temperature,
and other authorized project benefits, without a reduction in
flood safety; and
(5) proactive management in response to changes in
forecasts.
(f) Funding.--
(1) Definition of operational document.--In this
subsection, the term ``operational document'' means--
(A) a water control plan;
(B) a water control manual;
(C) a water control diagram;
(D) a release schedule;
(E) a rule curve;
(F) an operational agreement with a non-Federal
entity; and
(G) any environmental documentation associated with
a document described in any of subparagraphs (A)
through (F).
(2) Acceptance and use.--The Secretary of the Army may
accept and expend amounts from non-Federal entities to fund all
or a portion of the cost of carrying out a review or revision
of operational documents for any reservoir that is either
operated or maintained by the Secretary, or for which the
Secretary is authorized to prescribe regulations or otherwise
advise or consult concerning the use of storage allocated for
flood risk management or navigation.
(g) Effect of Manual Revisions and Other Provisions.--
(1) Manual revisions.--In accordance with all applicable
laws, a revision of a manual shall not interfere with--
(A) the authorized purposes of a Corps of Engineers
project; or
(B) the existing purposes of a non-Federal project
that is regulated for flood control by the Secretary of
the Army.
(2) Effect.--
(A) Act.--Nothing in this Act authorizes the
Secretary of the Army to carry out, at a Corps of
Engineers or non-Federal dam or reservoir, any project
or activity for a purpose not otherwise authorized as
of the date of enactment of this Act.
(B) Section.--Nothing in this section--
(i) affects or modifies any obligation of
the Secretary of the Army under State law; or
(ii) authorizes the diversion or use of
water in a manner that is inconsistent with
State water rights law.
(3) Bureau of reclamation projects excluded.--This section
shall not apply to any dam or reservoir owned by the Bureau of
Reclamation.
(h) Modifications to Manuals and Curves.--Not later than 180 days
after the date of completion of a modification to an operations manual
or flood control rule curve, the Secretary of the Army shall submit to
Congress a report regarding the components of the forecast-based
reservoir operations plan incorporated into the change.
SEC. 114. FINDINGS.
Congress finds that--
(1) the record drought conditions being experienced in the
State of California as of the date of enactment of this Act
are--
(A) expected to recur in the future; and
(B) likely to do so with increasing frequency;
(2) water storage is an indispensable and integral part of
any solution to address the long-term water challenges of the
State of California;
(3) Congress has authorized relevant feasibility studies
for 5 water storage projects in the State of California,
including projects for--
(A) enlargement of Shasta Dam in Shasta County
under section 2(a) of Public Law 96-375 (94 Stat.
1506), as reaffirmed under section 103(d)(1)(A)(i)(I)
of Public Law 108-361 (118 Stat. 1684);
(B) enlargement of Los Vaqueros Reservoir in Contra
Costa County under section 215 of Public Law 108-7 (117
Stat. 147), as reaffirmed under section
103(d)(1)(A)(i)(II) of Public Law 108-361 (118 Stat.
1684);
(C) construction of North-of-Delta Offstream
Storage (Sites Reservoir) in Colusa County under
section 215 of Public Law 108-7 (117 Stat. 147), as
reaffirmed under section 103(d)(1)(A)(ii)(I) of Public
Law 108-361 (118 Stat. 1684);
(D) construction of the Upper San Joaquin River
storage (Temperance Flat) in Fresno and Madera Counties
under section 215 of Public Law 108-7 (117 Stat. 147),
as reaffirmed under section 103(d)(1)(A)(ii)(II) of
Public Law 108-361 (118 Stat. 1684); and
(E) expansion of San Luis Reservoir under section
103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694);
(4) as of the date of enactment of this Act, more than 10
years have elapsed since the authorization of the feasibility
studies referred to in paragraph (3), but for a variety of
reasons the slow pace of work on completion of the feasibility
studies for those 5 water storage projects is unjustified and
of deep concern; and
(5) there is significant public interest in, and urgency
with respect to, completing all feasibility studies and
environmental reviews for the water storage projects referred
to in paragraph (3), given the critical need for that
infrastructure to address current and future water challenges
of the State of California.
SEC. 115. STUDIES.
The Secretary of the Interior, acting through the Commissioner,
shall--
(1) complete the Upper San Joaquin River (Temperance Flat)
feasibility study described in clause (ii)(II) of section
103(d)(1)(A) of Public Law 108-361 (118 Stat. 1684) and submit
the study to the appropriate committees of the House of
Representatives and the Senate not later than March 31, 2016;
(2) complete the Los Vaqueros Reservoir feasibility study
described in clause (i)(II) of section 103(d)(1)(A) of Public
Law 108-361 (118 Stat. 1684) and submit the study to the
appropriate committees of the House of Representatives and the
Senate not later than November 30, 2016;
(3) complete the North-of-Delta Offstream Storage (Sites
Reservoir) feasibility study described in clause (ii)(I) of
section 103(d)(1)(A) of Public Law 108-361 (118 Stat. 1684) and
submit the study to the appropriate committees of the House of
Representatives and the Senate not later than November 30,
2017;
(4) complete the San Luis Reservoir feasibility study
described in section 103(f)(1)(A) of Public Law 108-361 (118
Stat. 1694) and submit the study to the appropriate Committees
of the House of Representatives and the Senate not later than
December 31, 2017;
(5) provide a progress report on the status of the
feasibility studies referred to in paragraphs (1) through (3)
to the appropriate committees of the House of Representatives
and the Senate not later than 90 days after the date of
enactment of this Act and every 180 days thereafter until
December 31, 2017, as applicable, which report shall include
timelines for study completion, draft environmental impact
statements, final environmental impact statements, and records
of decision;
(6) document, delineate, and publish costs directly
relating to the engineering and construction of a water storage
project separately from the costs resulting from regulatory
compliance or the construction of auxiliary facilities
necessary to achieve regulatory compliance if the Secretary of
the Interior determines in any feasibility study required under
this subsection, reclamation laws, the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4706), the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and
other applicable law, that the project is not feasible;
(7) include information required in paragraph (7) in the
feasibility studies issued pursuant paragraphs (1) through (5),
as applicable; and
(8) communicate, coordinate, and cooperate with public
water agencies that--
(A) contract with the United States for Central
Valley Project water; and
(B) are expected to participate in the cost pools
that will be created for the projects proposed in the
feasibility studies under this section.
SEC. 116. LOSSES CAUSED BY CONSTRUCTION AND OPERATION OF WATER STORAGE
PROJECTS.
The Secretary of the Interior, in consultation with other
appropriate agencies, shall establish a process to address direct and
substantial impacts caused by any storage projects identified under
section 115.
Subtitle C--Desalination, Water Reuse and Recycling, and Conservation
SEC. 121. WATER RECYCLING AND DESALINATION PROJECTS.
(a) Findings.--Congress finds that--
(1) Federal funding to support water recycling and
desalination projects in recent years has been insufficient to
address water supply needs in many regions across the United
States;
(2) climate variability and drought resiliency require
additional water supply projects to cope with higher
probabilities of longer, more intense droughts;
(3) the historic drought in the State of California
highlights the necessity of long-term projects to address a
changing climate;
(4) the California Water Plan and surveys conducted by the
National Association of Clean Water Agencies, the Water Reuse
Association, the Association of California Water Agencies, the
Western Recycled Water Coalition, and the California
Association of Sanitation Agencies led to the identification of
137 water recycling and desalination projects capable of
producing 1,412,799 acre-feet of new water supplies if
sufficient funding or financing tools existed to facilitate
development of the projects;
(5) there exists a Federal interest in the projects
referred to in paragraph (4) to the extent that the projects
can--
(A) diversify water supplies;
(B) reduce conflicts hindering existing Federal
reclamation efforts on the Colorado River and around
the Delta; and
(C) advance technologies which reduce the cost and
improve the efficiency of water desalination projects;
and
(6) this Act will enable Federal support for desalination
projects, including the projects referred to in paragraph (4)
and others by providing Federal cost-share grants, through the
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104-298), the Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h et seq.), and the WaterSMART
program of the Department of the Interior, and by making low-
cost loans or loan guarantees available under subtitle D.
(b) Water Recycling Projects.--On submission of a completed
feasibility report in accordance with Bureau of Reclamation standards,
the Secretary of the Interior shall review requests for water recycling
project funding assistance and, subject to the availability of
appropriations, award funding, on a competitive basis, for projects
that meet the eligibility requirements of this title, subject to the
condition that the Secretary shall include among the projects reviewed
watercycling projects sponsored by any of the following:
(1) Bear Valley Community Services District.
(2) Beaumont Cherry Valley Water District.
(3) Burbank Water and Power.
(4) Cambria Community Services District.
(5) Central Contra Costa Sanitary District.
(6) City of American Canyon.
(7) City of Benicia.
(8) City of Brentwood.
(9) City of Camarillo.
(10) City of Carlsbad (Municipal Water District).
(11) City of Corona Department of Water and Power.
(12) City of Daly City.
(13) City of Del Mar.
(14) City of Escondido.
(15) City of Fresno.
(16) City of Hayward.
(17) City of Los Angeles (Bureau of Sanitation and
Department of Water and Power).
(18) City of Modesto.
(19) City of Morro Bay.
(20) City of Mountain View.
(21) City of Oceanside.
(22) City of Palo Alto.
(23) City of Paso Robles.
(24) City of Pismo Beach.
(25) City of Pleasanton.
(26) City of Poway.
(27) City of Redwood City.
(28) City of Riverside.
(29) City of Roseville.
(30) City of Sacramento.
(31) City of San Bernardino.
(32) City of San Diego.
(33) City of San Luis Obispo.
(34) City of Santa Barbara.
(35) City of Santa Rosa.
(36) City of Shasta Lake.
(37) City of Sunnyvale.
(38) City of Turlock.
(39) City of Vacaville.
(40) City of Ventura.
(41) City of Visalia.
(42) Clear Creek Community Services District.
(43) Coachella Valley Water District.
(44) Cucamonga Valley Water District.
(45) Delta Diablo Sanitation District.
(46) Desert Water Agency.
(47) Dublin San Ramon Services District.
(48) East Bay Municipal Utility District.
(49) East Valley Water District.
(50) Eastern Municipal Water District.
(51) El Dorado Irrigation District.
(52) Fallbrook Public Utility District.
(53) Goleta Water District.
(54) Helendale Community Services District.
(55) Hi-Desert Water District.
(56) Idyllwild Water District.
(57) Inland Empire Utilities Agency.
(58) Ironhouse Sanitary District.
(59) Irvine Ranch Water District.
(60) Las Virgenes Municipal Water District.
(61) Leucadia Wastewater District.
(62) Long Beach Water Department.
(63) Los Carneros Water District.
(64) Marin Municipal Water District.
(65) Metropolitan Water District/Los Angeles Sanitation
District.
(66) Monterey Regional Water Pollution Control Agency.
(67) Napa County Department of Public Works.
(68) North Bay Water Reuse Authority.
(69) North Marin Water District.
(70) Novato Sanitary District.
(71) Olivenhain Municipal Water District.
(72) Orange County Sanitation District.
(73) Orange County Water District.
(74) Otay Water District.
(75) Padre Dam Municipal Water District.
(76) Pajaro Valley Water Management Agency.
(77) Paradise Irrigation District.
(78) Pebble Beach Community Services District.
(79) Rainbow Municipal Water District.
(80) Ramona Municipal Water District.
(81) Rancho California Water District.
(82) Rincon Del Diablo Municipal Water District.
(83) Sacramento Regional County Sanitation District.
(84) San Bernardino County Special Districts.
(85) San Francisco Public Utilities Commission.
(86) San Jose Water Company.
(87) San Luis Obispo County.
(88) Santa Clara Valley Water District.
(89) Santa Clarita Valley Sanitation District.
(90) Santa Fe Irrigation District.
(91) Santa Margarita Water District.
(92) Sausalito-Marin City Sanitary District.
(93) Sonoma County Water Agency.
(94) South Orange County Wastewater Authority.
(95) South Tahoe Public Utility District.
(96) Sunnyslope County Water District.
(97) Town of Yountville.
(98) Tuolumne Utilities District.
(99) Upper San Gabriel Valley Municipal Water District.
(100) Valley Center Municipal Water District.
(101) Valley Sanitary District.
(102) Ventura County Waterworks District No. 8.
(103) Victor Valley Wastewater Reclamation Authority.
(104) Water Replenishment District of Southern California.
(105) West Basin Municipal Water District.
(106) West Bay Sanitary District.
(107) West County Wastewater District.
(108) Western Municipal Water District of Riverside County.
(109) Western Riverside County Regional Wastewater
Authority.
(110) Yucaipa Valley Water District.
(c) Federal Support for Water Recycling Projects.--Water recycling
and reuse projects described in subsection (b) may compete for funding
authorized under the following sections of this title if the projects
meet applicable eligibility requirements, subject to the condition that
no particular project receive Federal grant funding from more than one
Federal grant program:
(1) Section 101, which amends section 9504 (WaterSMART) of
the Omnibus Public Land Management Act of 2009 (42 U.S.C.
10364) and authorizes $200,000,000 in additional Federal
assistance for water storage and conveyance facilities,
integrated regional water management, reclamation and recycling
projects, and groundwater recharge.
(2) Section 123, which amends the Reclamation Wastewater
and Groundwater Study and Facilities Act (43 U.S.C. 390h) and
authorizes $150,000,000 in Federal assistance for water
recycling and reuse projects.
(3) Subtitle D, which authorizes the Secretary of the
Interior to provide Federal assistance to finance the
development of critical water resource infrastructure through
loans and loan guarantees to qualified applicants.
(d) Federal Support for Desalination Projects.--
(1) Eligibility.--On submission of a completed feasibility
report in accordance with Bureau of Reclamation standards, the
Secretary of the Interior shall review requests for water
desalination funding assistance and, subject to the
availability of appropriations, award funding on a competitive
basis for projects that meet the eligibility requirements of
this title, subject to the condition that the Secretary shall
include among the projects reviewed the following desalination
projects referred to in the 2013 California Water Plan or in an
integrated regional water management plan accepted by the State
of California:
(A) Cambria Desalination Project.
(B) Camp Pendleton Seawater Desalination Project.
(C) Chino Basin Desalter 3.
(D) Doheny Ocean Desalination Project.
(E) GREAT Program Groundwater Desalination Facility
Expansion.
(F) Huntington Beach Seawater Desalination Project.
(G) Irvine Non-Potable Shallow Groundwater Unit
Desalter.
(H) Irvine Ranch Water District Wells 51, 52, 53,
21, and 22 Potable (Non-exempt) Desalter Plant.
(I) Long Beach Seawater Desalination Project.
(J) Marina Desalination Facility Expansion.
(K) Mission Valley Brackish Groundwater Recovery
Project.
(L) Monterey Bay Regional Water Project
Desalination Facility (Moss Landing).
(M) Monterey Peninsula Water Supply Project.
(N) Monterey Peninsula Water Supply Project (Ocean
Desalination/Groundwater Replenishment).
(O) Moorpark Groundwater Desalter.
(P) North Pleasant Valley Groundwater Desalter.
(Q) Oceanside Ocean Desalination Project (San Luis
Rey Basin).
(R) Perris II Desalter.
(S) Ramona Desalting Facility.
(T) San Diego Formation/Balboa Park Groundwater
Desalination Facility.
(U) San Elijo Valley Groundwater Project.
(V) Bay Area Regional Desalination Project.
(W) San Pasqual Brackish Groundwater Recovery
Project.
(X) Santa Cruz/Soquel Creek Water District
Desalination Plant.
(Y) South Orange Coastal Ocean Desalination
Project.
(Z) West Basin Seawater Desalination Regional
Project.
(AA) West Simi Valley Desalter.
(2) Funding.--Desalination projects described in subsection
(1) may compete for funding authorized under the following
sections of this title if the projects meet applicable
eligibility requirements, subject to the condition that no
particular project receive Federal grant funding from more than
one Federal program:
(A) Section 101, which amends section 9504
(WaterSMART) of the Omnibus Public Land Management Act
of 2009 (42 U.S.C. 10364) and authorizes $200,000,000
in additional Federal assistance for water storage and
conveyance facilities, integrated regional water
management, reclamation and recycling projects, and
groundwater recharge.
(B) Section 122, which reauthorizes the Water
Desalination Act of 1996 (42 U.S.C. 10301; Public Law
104-298) as amended, and authorizes $100,000,000 in
Federal assistance for desalination research,
demonstration projects, and desalination project
feasibility and design.
(C) Section 123, which amends the Reclamation
Wastewater and Groundwater Study and Facilities Act (43
U.S.C. 390h) and authorizes $150,000,000 in Federal
assistance for water recycling and reuse projects.
(D) Subtitle D, which authorizes the Secretary of
the Interior to provide Federal assistance to finance
the development of critical water resource
infrastructure through loans and loan guarantees to
qualified applicants.
SEC. 122. REAUTHORIZATION OF WATER DESALINATION ACT.
(a) Authorization of Research and Studies.--
(1) In general.--Section 3 of the Water Desalination Act of
1996 (42 U.S.C. 10301 note; Public Law 104-298) is amended by
adding at the end the following:
``(e) Prioritization.--In carrying out this section, the Secretary
of the Interior shall prioritize funding for research--
``(1) to reduce energy consumption and lower the cost of
seawater and brackish water desalination;
``(2) to reduce the environmental impacts of seawater
desalination, including subsurface intakes and other
technological improvements, and develop technology and
strategies to mitigate those impacts;
``(3) to improve existing reverse osmosis and membrane
technology;
``(4) to carry out basic and applied research on next
generation desalination technologies, including graphene
membranes, forward osmosis, hybrid membrane-thermal
desalination, improved energy recovery systems, and renewable
energy-powered desalination systems that could significantly
reduce desalination costs;
``(5) to develop portable or modular desalination units
capable of providing temporary emergency water supplies for
domestic or military deployment purposes; and
``(6) to encourage development of desalination siting
plans, including maps of preferred and priority locations, by
States that consider local and regional water supply needs and
sources, potential impacts on coastal and ocean resources and
fisheries, the effects of sea level rise and other factors that
affect project siting.''.
(b) Desalination Demonstration and Development.--Section 4 of the
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-
298) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Feasibility and design.--Award grants and enter into
contracts with non-Federal project sponsors to provide
financial assistance to study the feasibility and support the
design of desalination facilities (including associated water
distribution infrastructure) that provide usable water.''; and
(2) by adding at the end the following:
``(c) Prioritization.--In carrying out demonstration and
development activities under subsection (a), the Secretary of the
Interior shall prioritize projects--
``(1) in drought-stricken States and communities;
``(2) in States for which funding has been authorized for
desalination demonstration and development projects; and
``(3) that can reduce reliance on imported water supplies
that have an impact on species listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
``(d) Criteria for Eligibility.--In carrying out this section, the
Secretary of the Interior shall establish criteria to determine
projects eligible for grant funding based on the ability of the
projects to provide regional water supply benefits, including--
``(1) improving water supply reliability in regions subject
to frequent and severe drought;
``(2) enhancement of public health, safety, ecosystems, and
watershed sustainability;
``(3) preservation of groundwater through reduction of
withdrawals from aquifers;
``(4) offsetting demand for water conveyed from
environmentally sensitive areas outside service area of the
project; and
``(5) mitigation of saltwater intrusion to aquifers.''.
(c) Cost Sharing.--Section 7 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
(1) in the first sentence, by striking ``The Federal
share'' and inserting the following:
``(a) Maximum.--
``(1) In general.--Except as provided in paragraph (2) and
subsection (b) and limited to the 5 years following the date of
enactment of the California Emergency Drought Relief Act, the
Federal share'';
(2) in the second sentence, by striking ``A Federal'' and
inserting the following:
``(b) Feasibility Determination.--A Federal'';
(3) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(c) Procedures.--The Secretary'';
(4) in the fourth sentence, by striking ``Costs'' and
inserting the following:
``(d) Operation, Maintenance, Repair, and Rehabilitation.--The
costs''; and
(5) in subsection (a) (as designated by paragraph (1)), by
adding at the end the following:
``(2) Exception.--The Federal share of the cost of project
design under section 4 shall not exceed 25 percent of the total
cost of the project design.''.
(d) Authorization of Appropriations.--In order to advance water
desalination research and project development, section 8 of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``$5,000,000'' and inserting
``$10,000,000''; and
(B) by striking ``2013'' and inserting ``2020'';
and
(2) in subsection (b), by striking ``$3,000,000 for each of
fiscal years 2012 through 2013'' and inserting ``$50,000,000
for the period of fiscal years 2016 through 2020''.
(e) Consultation.--Section 9 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
(1) by striking the section designation and heading and all
that follows through ``In carrying out the provisions of'' in
the first sentence and inserting the following:
``SEC. 9. CONSULTATION AND COORDINATION.
``(a) Consultation.--In carrying out'';
(2) in the second sentence, by striking ``The
authorization'' and inserting the following:
``(b) Other Desalination Programs.--The authorization''; and
(3) by inserting after subsection (b) (as so designated)
the following:
``(c) Coordination of Federal Desalination Research and
Development.--For the effective period of the California Emergency
Drought Relief Act, the White House Office of Science and Technology
Policy shall develop a coordinated strategic plan that--
``(1) establishes priorities for future Federal investments
in desalination; and
``(2) coordinates the activities of Federal agencies
involved in desalination, including the Bureau of Reclamation,
the National Science Foundation, the Office of Naval Research
of the Department of Defense, the National Laboratories of the
Department of Energy, the United States Geological Survey, the
Environmental Protection Agency, and the National Oceanic and
Atmospheric Administration.''.
SEC. 123. NEW WATER RECYCLING AND REUSE PROJECTS.
Section 1602 of the Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h) is amended by adding at the end the
following:
``(e) Authorization of New Water Recycling and Reuse Projects.--
``(1) In general.--A non-Federal interest may submit to the
Secretary of the Interior proposals for eligible projects in
the form of completed feasibility studies.
``(2) Authority to provide assistance.--The Secretary of
the Interior may provide financial assistance under this
subtitle to carry out projects within--
``(A) any Reclamation State, including--
``(i) Arizona;
``(ii) California;
``(iii) Colorado;
``(iv) Idaho;
``(v) Kansas;
``(vi) Montana;
``(vii) Nebraska;
``(viii) Nevada;
``(ix) New Mexico;
``(x) North Dakota;
``(xi) Oklahoma;
``(xii) Oregon;
``(xiii) South Dakota;
``(xiv) Texas;
``(xv) Utah;
``(xvi) Washington; and
``(xvii) Wyoming; and
``(B) the States of Alaska and Hawaii.
``(3) Eligible projects.--A project shall be considered to
be eligible for consideration under this subsection if the
project reclaims and reuses--
``(A) municipal, industrial, domestic, or
agricultural wastewater; or
``(B) impaired groundwater or surface water.
``(4) Guidelines.--
``(A) In general.--Not later than 90 days after the
date of enactment of this subsection, the Secretary of
the Interior shall issue water recycling project
solicitation and evaluation guidelines that include the
criteria described in subsection (f)(3).
``(B) Review.--In accordance with the priorities
and criteria described in subsection (f), the Secretary
of the Interior shall review each feasibility study
received under paragraph (1) to determine whether the
study, and the process under which the study was
developed, comply with Federal laws (including
regulations) applicable to feasibility studies of water
recycling and reuse projects.
``(f) Competitive Grant Funding of Water Recycling and Reuse
Projects.--
``(1) In general.--The Secretary of the Interior shall
administer a competitive grant program under which the non-
Federal project sponsor of any project determined by the
Secretary of the Interior to be feasible under subsection
(e)(2) shall be eligible to apply for funding for the planning,
design, and construction of the project.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of the Interior to carry
out this subsection $200,000,000, to remain available until
expended.''.
SEC. 124. PROMOTING WATER EFFICIENCY WITH WATERSENSE.
(a) Authorization.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') is authorized to continue to carry out the voluntary
program, known as the ``WaterSense Program'', to identify and promote
water efficient products, buildings, landscapes, facilities, processes,
and services so as--
(1) to reduce water use;
(2) to reduce the strain on water, wastewater, and
stormwater infrastructure;
(3) to conserve energy used to pump, heat, transport, and
treat water; and
(4) to preserve water resources for future generations,
through voluntary labeling of, or other forms of communications
regarding, products, buildings, landscapes, facilities,
processes, and services that meet the highest water efficiency
and performance criteria.
(b) Review.--Not less frequently than once every 4 years, the
Administrator shall regularly review and, if appropriate, update
WaterSense criteria that have been adopted for the voluntary labeling
of categories of products, buildings, landscapes, facilities,
processes, and services.
(c) Transparency.--The Administrator shall, to the maximum extent
practicable, regularly estimate and make available to the public the
production and relative market shares of, and the savings of water,
energy, and capital costs of water, wastewater, and stormwater
infrastructure attributable to the use of WaterSense-labeled products,
buildings, landscapes, facilities, processes, and services, at least
annually.
(d) Public Comment.--Prior to establishing or revising a WaterSense
category, specification, installation criterion, or other criterion,
the Administrator shall--
(1) solicit comments from interested parties and the
public; and
(2) provide reasonable notice to interested parties and the
public of any changes (including effective dates), on the
adoption of a new or revised category, specification,
installation criterion, or other criterion.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the WaterSense program of the Environmental
Protection Agency $2,500,000 for each of fiscal years 2016 through
2019.
Subtitle D--Reclamation Infrastructure Finance and Innovation
SEC. 131. PURPOSES.
The purposes of this subtitle are--
(1) to promote increased development of critical water
resources infrastructure by establishing additional
opportunities for financing water resources projects;
(2) to attract new investment capital to infrastructure
projects that are capable of generating revenue streams through
user fees or other dedicated funding sources;
(3) to complement existing Federal funding sources and
address budgetary constraints on Bureau of Reclamation
programs; and
(4) to leverage private investment in water resources
infrastructure.
SEC. 132. DEFINITIONS.
In this subtitle:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a corporation;
(B) a partnership;
(C) a joint venture;
(D) a trust;
(E) a State, or local governmental entity, agency,
or instrumentality; and
(F) a conservancy district, irrigation district,
canal company, mutual water company, water users'
association, Indian tribe, agency created by interstate
compact, or any other entity that has the capacity to
contract with the United States under the reclamation
laws.
(2) Federal credit instrument.--The term ``Federal credit
instrument'' means a secured loan or loan guarantee authorized
to be made available under this title with respect to a
project.
(3) Investment-grade rating.--The term ``investment-grade
rating'' means a rating of BBB minus, Baa3, bbb minus, BBB
(low), or higher as assigned by a rating agency to project
obligations.
(4) Lender.--
(A) In general.--The term ``lender'' means any non-
Federal qualified institutional buyer (as defined in
section 230.144A(a) of title 17, Code of Federal
Regulations (or a successor regulation) (commonly known
as ``Rule 144A(a) of the Securities and Exchange
Commission'' and issued under the Securities Act of
1933 (15 U.S.C. 77a et seq.))).
(B) Inclusions.--The term ``lender'' includes--
(i) a qualified retirement plan (as defined
in section 4974 of the Internal Revenue Code of
1986) that is a qualified institutional buyer;
and
(ii) a governmental plan (as defined in
section 414 of the Internal Revenue Code of
1986) that is a qualified institutional buyer.
(5) Loan guarantee.--The term ``loan guarantee'' means any
guarantee or other pledge by the Secretary of the Interior to
pay all or part of the principal of, and interest on, a loan or
other debt obligation issued by an obligor and funded by a
lender.
(6) Obligor.--The term ``obligor'' means an eligible entity
that is primarily liable for payment of the principal of, or
interest on, a Federal credit instrument.
(7) Project obligation.--
(A) In general.--The term ``project obligation''
means any note, bond, debenture, or other debt
obligation issued by an obligor in connection with the
financing of a project.
(B) Exclusion.--The term ``project obligation''
does not include a Federal credit instrument.
(8) Rating agency.--The term ``rating agency'' means a
credit rating agency registered with the Securities and
Exchange Commission as a nationally recognized statistical
rating organization (as defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
(9) Reclamation state.--The term ``Reclamation State''
means any of the States of--
(A) Arizona;
(B) California;
(C) Colorado;
(D) Idaho;
(E) Kansas;
(F) Montana;
(G) Nebraska;
(H) Nevada;
(I) New Mexico;
(J) North Dakota;
(K) Oklahoma;
(L) Oregon;
(M) South Dakota;
(N) Texas;
(O) Utah;
(P) Washington; and
(Q) Wyoming.
(10) Secured loan.--The term ``secured loan'' means a
direct loan or other debt obligation issued by an obligor and
funded by the Secretary in connection with the financing of a
project under subtitle A.
(11) Subsidy amount.--The term ``subsidy amount'' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument, as calculated on a net present value basis,
excluding administrative costs and any incidental effects on
governmental receipts or outlays in accordance with the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(12) Substantial completion.--The term ``substantial
completion'', with respect to a project, means the earliest
date on which a project is considered to perform the functions
for which the project is designed.
SEC. 133. AUTHORITY TO PROVIDE ASSISTANCE.
The Secretary of the Interior may provide financial assistance
under this subtitle to carry out projects within--
(1) any Reclamation State;
(2) any other State in which the Bureau of Reclamation is
authorized to provide project assistance; and
(3) the States of Alaska and Hawaii.
SEC. 134. APPLICATIONS.
To be eligible to receive assistance under this subtitle, an
eligible entity shall submit to the Secretary of the Interior an
application at such time, in such manner, and containing such
information as the Secretary of the Interior may require.
SEC. 135. ELIGIBILITY FOR ASSISTANCE.
(a) Eligible Projects.--The following nonfederally owned projects
that contribute to a safe, adequate water supply for domestic,
agricultural, environmental, or municipal and industrial use may be
carried out using assistance made available under this subtitle:
(1) A project for the reclamation and reuse of wastewater,
and naturally impaired ground and surface waters, which has a
completed feasibility study that complies with Reclamation
standards.
(2) A new water infrastructure facility project, including
a water conduit, pipeline, canal, pumping, power, and
associated facilities or a water efficiency project.
(3) A project for accelerated repair and replacement of an
aging water distribution facility.
(4) A brackish or sea water desalination project.
(5) A project for groundwater replenishment, groundwater
storage, or surface storage.
(6) A combination of projects, each of which is eligible
under paragraphs (1) through (5), for which an eligible entity
or group of eligible entities submits a single application.
(b) Activities Eligible for Assistance.--For purposes of this
subtitle, an eligible activity with respect to an eligible project
under subsection (a) includes the cost of--
(1) development-phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, preliminary engineering and design work,
and other preconstruction activities;
(2) construction, reconstruction, rehabilitation, and
replacement activities;
(3) the acquisition of real property (including water
rights, land relating to the project, and improvements to
land), environmental mitigation, construction contingencies,
and acquisition of equipment subject to subsection (c);
(4) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction; and
(5) refinancing interim construction funding, existing
long-term project obligations, or a secured loan or loan
guarantee made under this subtitle.
(c) Limitation on Use.--The proceeds from Federal credit
instruments made available under this subtitle may only be used to
acquire non-Federal land or interest in land from a willing seller,
when the seller does not contest the purchase or price paid.
SEC. 136. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
(a) Eligibility Requirements.--To be eligible to receive financial
assistance under this subtitle, a project shall meet the following
criteria, as determined by the Secretary of the Interior:
(1) Creditworthiness.--
(A) In general.--Subject to subparagraph (B), the
project shall be creditworthy, as determined by the
Secretary of the Interior, who shall ensure that any
financing for the project has appropriate security
features, such as a rate covenant, to ensure repayment.
(B) Preliminary rating opinion letter.--The
Secretary of the Interior shall require each applicant
to provide a preliminary rating opinion letter from at
least 1 rating agency indicating that the senior
obligations of the project (which may be the Federal
credit instrument) have the potential to achieve an
investment-grade rating.
(2) Eligible project costs.--The eligible project costs of
a project shall be reasonably anticipated to be not less than
$20,000,000.
(3) Dedicated revenue sources.--The Federal credit
instrument for the project shall be repayable, in whole or in
part, from dedicated revenue sources that also secure the
project obligations.
(4) Public sponsorship of private entities.--A project
carried out by a private entity shall be sponsored by a State,
department of a State, subdivision of a State, or a public
agency organized pursuant to State law.
(b) Selection Criteria.--
(1) Establishment.--The Secretary of the Interior shall
establish criteria for the selection of projects that meet the
eligibility requirements of subsection (a), in accordance with
paragraph (2).
(2) Criteria.--The selection criteria shall include the
following:
(A) The extent to which a project serves a region
with significant water resources challenges.
(B) The extent to which the project is nationally
or regionally significant.
(C) The extent to which assistance under this
section would foster innovative public-private
partnerships and attract private debt or equity
investment.
(D) The extent to which the project fosters--
(i) collaborative partnerships between
cities, counties, water districts, and State
and Federal agencies; and
(ii) innovative recycling programs that
augment a combination of industrial,
commercial, residential, and agricultural uses.
(E) The likelihood that assistance under this
section would enable the project to proceed at an
earlier date than the project would otherwise be able
to proceed.
(F) The amount of budget authority required to fund
the Federal credit instrument made available under this
subtitle.
(G) The extent to which the project helps maintain
or protect the environment.
(3) Consistency of criteria.--Not later than 180 days after
the date of enactment of this Act, the Secretary of the
Interior shall issue eligibility requirements under this title
for water recycling projects that reclaim and reuse municipal,
industrial, domestic, or agricultural wastewater or impaired
ground or surface waters.
(c) Receipt of Other Federal Funding.--Receipt of a Federal grant
or contract or other Federal funding to support an eligible project
shall not preclude the project from being eligible for assistance under
this subtitle. Assistance under this subtitle shall not be counted as
Federal funding under cost-sharing requirements otherwise applicable to
a project eligible for assistance under this subtitle.
SEC. 137. SECURED LOANS.
(a) Agreements.--
(1) In general.--Subject to paragraphs (2) through (4), the
Secretary of the Interior may enter into agreements with 1 or
more obligors to make secured loans, the proceeds of which
shall be used--
(A) to finance eligible project costs of any
project selected under section 136;
(B) to refinance interim construction financing of
eligible project costs of any project selected under
section 136; or
(C) to refinance long-term project obligations or
Federal credit instruments, if that refinancing
provides additional funding capacity for the
completion, enhancement, or expansion of any project
that--
(i) is selected under section 136; or
(ii) otherwise meets the requirements of
section 136.
(2) Limitation on refinancing of interim construction
financing.--A secured loan under paragraph (1) shall not be
used to refinance interim construction financing under
paragraph (1)(B) later than 1 year after the date of
substantial completion of the applicable project.
(3) Risk assessment.--Before entering into an agreement
under this subsection for a secured loan, the Secretary of the
Interior, in consultation with the Director of the Office of
Management and Budget and each rating agency providing a
preliminary rating opinion letter under section 136(a)(1)(B),
shall determine an appropriate capital reserve subsidy amount
for the secured loan, taking into account each such preliminary
rating opinion letter.
(4) Investment-grade rating requirement.--The execution of
a secured loan under this section shall be contingent on
receipt by the senior obligations of the project of an
investment-grade rating.
(b) Terms and Limitations.--
(1) In general.--A secured loan provided for a project
under this section shall be subject to such terms and
conditions, and contain such covenants, representations,
warranties, and requirements (including requirements for
audits), as the Secretary of the Interior determines to be
appropriate.
(2) Nonsubordination.--A secured loan under this section
shall not be subordinated to the claims of any holder of
project obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor of the project.
(3) Maximum amount.--The amount of a secured loan under
this section shall not exceed the lesser of--
(A) an amount equal to 49 percent of the reasonably
anticipated eligible project costs; and
(B) if the secured loan does not receive an
investment-grade rating, an amount equal to other
project obligations that have received an investment-
grade rating.
(4) Payment.--A secured loan under this section--
(A) shall be payable, in whole or in part, from
State or local taxes, user fees, or other dedicated
revenue sources that also secure the senior project
obligations of the relevant project;
(B) shall include a rate covenant, coverage
requirement, or similar security feature supporting the
project obligations; and
(C) may have a lien on revenues described in
subparagraph (A), subject to any lien securing project
obligations.
(5) Interest rate.--The interest rate on a secured loan
under this section shall be not less than the yield on United
States Treasury securities of a similar maturity to the
maturity of the secured loan on the date of execution of the
loan agreement.
(6) Maturity date.--The final maturity date of a secured
loan under this section shall be not later than 35 years after
the date of substantial completion of the relevant project.
(7) Fees.--The Secretary of the Interior may establish
fees, in accordance with section 138(b)(2) at a level
sufficient to cover all or a portion of the costs to the
Federal Government of making a secured loan under this section.
(8) Non-federal share.--The proceeds of a secured loan
under this section may be used to pay any non-Federal share of
project costs required if the loan is repayable from non-
Federal funds.
(9) Maximum federal involvement.--The total amount of
Federal assistance provided for a project for which assistance
is provided under this subtitle from all sources (including
this subtitle) shall not exceed 80 percent of the total cost of
the project.
(c) Repayment.--
(1) Schedule.--The Secretary of the Interior shall
establish a repayment schedule for each secured loan provided
under this section, based on the projected cash flow from
project revenues and other repayment sources.
(2) Commencement.--Scheduled loan repayment of principal or
interest on a secured loan under this section shall commence
not later than 5 years after the date of substantial completion
of the project, with interest accruing during those 5 years and
during construction.
(3) Deferred payments.--
(A) Authorization.--If, at any time after the date
of substantial completion of a project for which a
secured loan is provided under this section, the
project is unable to generate sufficient revenues to
pay the scheduled loan repayments of principal and
interest on the secured loan, the Secretary of the
Interior may allow the obligor, subject to subparagraph
(C), to add unpaid principal and interest to the
outstanding balance of the secured loan.
(B) Interest.--Any payment deferred under
subparagraph (A) shall--
(i) continue to accrue interest in
accordance with subsection (b)(5) until fully
repaid; and
(ii) be scheduled to be amortized over the
remaining term of the secured loan.
(C) Criteria.--
(i) In general.--Any payment deferral under
subparagraph (A) shall be contingent on the
project meeting such criteria as the Secretary
of the Interior may establish.
(ii) Repayment standards.--The criteria
established under clause (i) shall include
standards for reasonable assurance of
repayment.
(4) Prepayment.--
(A) Use of excess revenues.--Any excess revenues
that remain after satisfying scheduled debt service
requirements on the project obligations and secured
loan and all deposit requirements under the terms of
any trust agreement, bond resolution, or similar
agreement securing project obligations may be applied
annually to prepay a secured loan under this section
without penalty.
(B) Use of proceeds of refinancing.--A secured loan
under this section may be prepaid at any time without
penalty from the proceeds of refinancing from non-
Federal funding sources.
(d) Sale of Secured Loans.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after the date of substantial completion of a
project and after providing a notice to the obligor, the
Secretary of the Interior may sell to another entity or reoffer
into the capital markets a secured loan for a project under
this section, if the Secretary of the Interior determines that
the sale or reoffering can be made on favorable terms.
(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary of the Interior may not
change the original terms and conditions of the secured loan
without the written consent of the obligor.
(e) Loan Guarantees.--
(1) In general.--The Secretary of the Interior may provide
a loan guarantee to a lender in lieu of making a secured loan
under this section, if the Secretary of the Interior determines
that the budgetary cost of the loan guarantee is substantially
the same as that of a secured loan.
(2) Terms.--The terms of a loan guarantee provided under
this subsection shall be consistent with the terms established
in this section for a secured loan, except that the rate on the
guaranteed loan and any prepayment features shall be negotiated
between the obligor and the lender, with the consent of the
Secretary of the Interior.
SEC. 138. PROGRAM ADMINISTRATION.
(a) Requirement.--The Secretary of the Interior shall establish a
uniform system to service the Federal credit instruments made available
under this subtitle.
(b) Reclamation Loan Finance Capital Reserve Fund.--
(1) Establishment.--
(A) In general.--There is established in the
Treasury of the United States a fund, to be known as
the ``Reclamation Loan Finance Capital Reserve Fund''.
(B) Deposits to fund.--The Secretary of the
Treasury shall deposit in the fund established by
subparagraph (A) an amount equal to the amount of
capital reserve fees collected under paragraph (2) for
each applicable fiscal year.
(C) Treatment.--The amounts deposited in the fund
under subparagraph (B) shall be credited as offsetting
collections.
(2) Capital reserve fees.--
(A) In general.--To the extent required by
appropriations Acts, the Secretary of the Interior may
assess, collect, and spend capital reserve fees at a
level that is sufficient to cover all or a portion of
the costs to the Federal Government of servicing the
Federal credit instruments provided under this
subtitle, including all or a portion of the outlays
associated with the provision of the Federal credit
instruments under this subtitle.
(B) Amount.--The capital reserve fees under this
paragraph shall be established at amounts that will
result in the collection, during each fiscal year, of
an amount that can be reasonably expected to equal the
outlays associated with the provision of the Federal
credit instruments under this subtitle.
(c) Servicer.--
(1) In general.--The Secretary of the Interior may appoint
a financial entity to assist the Secretary in servicing the
Federal credit instruments provided under this subtitle.
(2) Duties.--A servicer appointed under paragraph (1) shall
act as the agent for the Secretary of the Interior.
(3) Fee.--A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Secretary
of the Interior.
SEC. 139. STATE AND LOCAL PERMITS.
(a) Establishment of Pilot Program.--
(1) Assumption of responsibility.--
(A) In general.--Subject to the provisions of the
pilot program established by this section, the
Secretary of the Interior and a State identified
pursuant to subsection (b) may enter into a written
agreement, which may be in the form of a memorandum of
understanding, under which the Secretary of the
Interior may designate the State as lead agency for
purposes of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(B) Procedural and substantive requirements.--If
designated as the lead agency under subparagraph (A),
the State shall assume responsibility under this
section, subject to the same procedural and substantive
requirements that would apply if that responsibility
were carried out by the Secretary of the Interior.
(2) Preservation of federal responsibility and authority.--
(A) Federal responsibility.--Any responsibility of
the Secretary of the Interior not explicitly assumed by
the State by written agreement under this section shall
remain the responsibility of the Secretary of the
Interior.
(B) No effect on authority.--Nothing in this
section preempts or interferes with any power,
jurisdiction, responsibility, or authority of an
agency, other than the Department of the Interior,
under applicable law (including regulations) with
respect to a project.
(3) Preservation of flexibility.--The Secretary of the
Interior may not require a State, as a condition of
participation and assuming lead agency status in the pilot
program under this section, to forego project delivery methods
that are otherwise permissible for projects.
(b) State Participation.--
(1) Participating states.--The Secretary of the Interior
shall permit the State of California, and not more than 4
additional States, to participate in the pilot program under
this section, subject to the limitations described in paragraph
(4).
(2) Application.--Not later than 270 days after the date of
enactment of this Act, the Secretary of the Interior shall
amend, as appropriate, regulations that establish requirements
relating to information required to be contained in an
application of a State to participate in the pilot program
under this section and to assume lead agency status, including,
at a minimum--
(A) the projects or classes of projects for which
the State anticipates exercising the authority that may
be granted under the pilot program under this section;
(B) verification of the financial, regulatory, and
enforcement resources necessary to carry out the
authority that may be granted under the pilot program
under this section; and
(C) evidence of the notice and solicitation of
public comment by the State relating to participation
of the State in the pilot program under this section,
including copies of comments received from that
solicitation.
(3) Public notice.--
(A) In general.--A State that submits an
application under this subsection shall give notice of
the intent of the State to participate in the pilot
program under this section not later than 30 days
before the date of submission of the application.
(B) Method of notice and solicitation.--A State
shall provide notice and solicit public comment under
this paragraph by publishing the complete application
of the State in accordance with the appropriate public
notice State law.
(4) Selection criteria.--The Secretary of the Interior may
approve the application of a State under this section only if--
(A) the regulatory requirements of paragraph (2)
have been met;
(B) the Secretary of the Interior determines that
the State has the capability, including financial,
regulatory, and enforcement capability and personnel,
to assume the responsibility of a lead agency for the
project; and
(C) the head of the State agency with primary
jurisdiction over water infrastructure matters enters
into a written agreement with the Secretary of the
Interior described in subsection (c).
(c) Written Agreement.--A written agreement under this section
shall--
(1) be executed by the Governor or the top ranking water
infrastructure official in the State who is charged with
responsibility for water infrastructure construction;
(2) be in such form as the Secretary of the Interior may
prescribe;
(3) provide that the State--
(A) agrees to assume all or part of the
responsibilities of the Secretary of the Interior
described in subsection (a), including all
responsibilities as a lead agency;
(B) expressly consents, on behalf of the State, to
accept the jurisdiction of the Federal courts for the
compliance, discharge, and enforcement of any
responsibility of the Secretary of the Interior assumed
by the State;
(C) certifies that State laws (including
regulations) are in effect that authorize the State to
take the actions necessary to carry out the
responsibilities being assumed; and
(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed;
(4) require the State to provide to the Secretary of the
Interior any information that the Secretary of the Interior
considers necessary to ensure that the State is adequately
carrying out the responsibilities assigned to the State;
(5) have a term of not more than 5 years; and
(6) be renewable.
(d) Jurisdiction.--
(1) In general.--The United States district courts shall
have exclusive jurisdiction over any civil action against a
State for failure to carry out any responsibility of the State
under this section.
(2) Legal standards and requirements.--A civil action under
paragraph (1) shall be governed by the legal standards and
requirements that would apply in such a civil action against
the Secretary of the Interior if the Secretary of the Interior
had taken the actions in question.
(3) Intervention.--The Secretary of the Interior shall have
the right to intervene in any action described in paragraph
(1).
(e) Effect of Assumption of Responsibility.--A State that assumes
responsibility under subsection (a)(2) shall be solely responsible and
solely liable for carrying out, in lieu of the Secretary of the
Interior, the responsibilities assumed under subsection (a), until the
pilot program is terminated as provided in subsection (h).
(f) Audits.--
(1) In general.--To ensure compliance by a State with any
agreement of the State under subsection (c) (including
compliance by the State with all Federal laws for which
responsibility is assumed under subsection (a)(2)), for each
State participating in the pilot program under this section,
the Secretary of the Interior shall conduct--
(A) semiannual audits during each of the first 2
years of State participation; and
(B) annual audits during each of the third and
fourth years of State participation.
(2) Public availability and comment.--
(A) In general.--An audit conducted under paragraph
(1) shall be made available to the public for comment.
(B) Response.--Not later than 60 days after the
date on which the period for public comment ends, the
Secretary of the Interior shall respond to public
comments received under subparagraph (A).
(g) Monitoring.--After the fourth year of the participation of a
State in the pilot program, the Secretary of the Interior shall monitor
compliance by the State with the written agreement, including the
provision by the State of financial resources to carry out the written
agreement.
(h) Termination.--
(1) Termination by secretary of the interior.--The
Secretary of the Interior may terminate the participation of
any State in the pilot program if--
(A) the Secretary of the Interior determines that
the State is not adequately carrying out the
responsibilities assigned to the State;
(B) the Secretary of the Interior provides to the
State--
(i) notification of the determination of
noncompliance; and
(ii) a period of at least 30 days during
which to take such corrective action as the
Secretary of the Interior determines is
necessary to comply with the applicable
agreement; and
(C) the State, after the notification and period
provided under subparagraph (B), fails to take
satisfactory corrective action, as determined by the
Secretary of the Interior.
(2) Termination by state.--The State may terminate the
participation of the State in the pilot program at any time by
providing to the Secretary of the Interior a notice by not
later than the date that is 90 days before the date of
termination, and subject to such terms and conditions as the
Secretary of the Interior may provide.
(i) Limitations on Agreements.--Nothing in this section or pilot
program--
(1) authorizes a State to assume any rulemaking authority
of the Secretary of the Interior under any Federal law;
(2) relieves any recipient of the assistance of any
obligation to obtain any other required State or local permit
or approval with respect to the project;
(3) limits the right of any unit of State or local
government to approve or regulate any rate of return on private
equity invested in the project; or
(4) otherwise supersedes any State or local law (including
any regulation) applicable to the construction or operation of
the project.
SEC. 140. REGULATIONS.
The Secretary of the Interior may promulgate such regulations as
the Secretary of the Interior determines to be appropriate to carry out
this subtitle.
SEC. 141. FUNDING.
(a) In General.--There is authorized to be appropriated to the
Secretary of the Interior to carry out this subtitle $200,000,000.
(b) Offset Required.--No funds made available under this section
may be used to provide financial assistance under this subtitle unless
sufficient funds have been appropriated to offset any decrease in
Federal revenue resulting from the use by any unit of State or local
government of proceeds of any obligation--
(1) the interest on which is exempt from the tax imposed
under chapter 1 of the Internal Revenue Code of 1986; or
(2) with respect to which credit is allowable under subpart
I or J of part IV of subchapter A of chapter 1 of that Code.
(c) Administrative Costs.--Of the funds made available to carry out
this subtitle, the Secretary of the Interior may use for the
administration of this subtitle not more than $2,200,000 for each of
fiscal years 2016 through 2020.
(d) Limitation.--Neither the Secretary of the Interior nor the
Secretary of Commerce shall enter into a contract with, or provide
Federal funds or other financial assistance in the form of a loan, loan
guarantee, annual payment, or any other form of credit enhancement to a
recipient under this Act without first obtaining adequate assurance
from the contractor or recipient that the requirements of section 513
of the Federal Water Pollution Control Act (33 U.S.C. 1372) shall be
applied in the same manner they are applied to construction of
treatment works carried out in whole or in part with assistance made
available by a State water pollution control revolving fund as
authorized by title VI of that Act (33 U.S.C. 1381 et seq.) under title
II of division E of Public Law 112-74 (125 Stat. 1020).
TITLE II--LISTED SPECIES AND WILDLIFE
SEC. 201. ACTIONS TO BENEFIT ENDANGERED FISH POPULATIONS.
(a) Findings.--Congress finds that--
(1) minimizing or eliminating stressors to fish populations
and their habitat in an efficient and structured manner is a
key aspect of a fish recovery strategy;
(2) functioning, diverse, and interconnected habitats are
necessary for a species to be viable; and
(3) providing for increased fish habitat may not only allow
for a more robust fish recovery, but also reduce impacts to
water supplies.
(b) Actions for Benefit of Endangered Species.--There is authorized
to be appropriated the following amounts:
(1) $35,000,000 for the Secretary of Commerce, through the
Administrator of the National Oceanic and Atmospheric
Administration, to carry out the following activities in
accordance with the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.):
(A) Gravel and rearing area additions and habitat
restoration to the Sacramento River to benefit Chinook
salmon and steelhead trout.
(B) Scientifically improved and increased real-time
monitoring to inform real-time operations of Shasta and
related Central Valley Project facilities, and
alternative methods, models, and equipment to improve
temperature modeling and related forecasted information
for purposes of predicting impacts to salmon and salmon
habitat as a result of water management at Shasta.
(C) Methods to improve the Delta salvage systems,
including alternative methods to redeposit salvaged
salmon smolts and other fish from the Delta in a manner
that reduces predation losses.
(2) $6,000,000 for the Secretary of the Interior to conduct
the Delta smelt distribution study referenced in section 301.
(c) Commencement.--If the Administrator of the National Oceanic and
Atmospheric Administration determines that a proposed activity is
feasible and beneficial for protecting and recovering a fish
population, the Administrator shall commence implementation of the
activity by not later than 1 year after the date of enactment of this
Act.
(d) Consultation.--The Administrator shall take such steps as are
necessary to partner with, and coordinate the efforts of, the
Department of the Interior, the Department of Commerce, and other
relevant Federal departments and agencies to ensure that all Federal
reviews, analyses, opinions, statements, permits, licenses, and other
approvals or decisions required under Federal law are completed on an
expeditious basis, consistent with Federal law.
(e) Trap and Barge Pilot Program.--
(1) In general.--The Department of Commerce, in
collaboration with the Department of the Interior, the
California Department of Fish and Wildlife, applicable water
agencies, and other interested parties, shall design, permit,
implement, and evaluate a pilot program to test the efficacy of
an experimental trap and barge program to improve survival of
juvenile salmonids emigrating from the San Joaquin watershed
though the Delta.
(2) Plan.--
(A) Working group.--Not later than 30 days after
the date of enactment of this Act, the Assistant
Administrator and the Commissioner shall convene a
working group, to be comprised of representatives of
relevant agencies and other interested parties, to
develop and execute a plan for the design, budgeting,
implementation, and evaluation of the pilot program
under this subsection, using such existing expertise
regarding trap and barge programs as may be available.
(B) Requirements.--The plan under this paragraph
shall--
(i) include a schedule and budget for the
pilot program; and
(ii) identify the responsible parties for
each element of the program.
(3) Implementation.--The Assistant Administrator and the
Commissioner shall seek to commence implementation of the pilot
program under this subsection during calendar year 2016, if
practicable.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $4,000,000.
(f) Conservation Fish Hatcheries.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretaries of the Interior and
Commerce, in coordination with the Director of the California
Department of Fish and Wildlife, shall develop and implement as
necessary the expanded use of conservation hatchery programs to
enhance, supplement, and rebuild Delta smelt and Endangered
Species Act-listed fish species under the smelt and salmonid
biological opinions.
(2) Requirements.--The conservation hatchery programs
established under paragraph (1) and the associated hatchery and
genetic management plans shall be designed--
(A) to benefit, enhance, support, and otherwise
recover naturally spawning fish species to the point
where the measures provided under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) are no
longer necessary; and
(B) to minimize adverse effects to Central Valley
Project and State Water Project operations.
(3) Priority; cooperative agreements.--In implementing this
section, the Secretaries of the Interior and Commerce--
(A) shall give priority to existing and prospective
hatchery programs and facilities within the Delta and
the riverine tributaries thereto; and
(B) may enter into cooperative agreements for the
operation of conservation hatchery programs with
States, Indian tribes, and other nongovernmental
entities for the benefit, enhancement, and support of
naturally spawning fish species.
(g) Acquisition of Land, Water, or Interests From Willing Sellers
for Environmental Purposes in California.--
(1) In general.--The Secretary of the Interior is
authorized to acquire by purchase, lease, donation, or
otherwise, land, water, or interests in land or water from
willing sellers in California--
(A) to benefit listed or candidate species under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) or the California Endangered Species Act
(California Fish and Game Code sections 2050 through
2116);
(B) to meet requirements of, or otherwise provide
water quality benefits under, the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) or the
Porter Cologne Water Quality Control Act (division 7 of
the California Water Code); or
(C) for protection and enhancement of the
environment, as determined by the Secretary of the
Interior.
(2) Financial assistance.--In implementing this section,
the Secretary of the Interior is authorized to provide
financial assistance to the State of California or otherwise
hold such interests in joint ownership with the State of
California based on a cost share deemed appropriate by the
Secretary.
(3) Treatment.--Any expenditures under this subsection
shall be nonreimbursable and nonreturnable to the United
States.
SEC. 202. ACTIONS TO BENEFIT REFUGES.
(a) In General.--In addition to funding under section 3407 of the
Central Valley Project Improvement Act (Public Law 102-575; 106 Stat.
4726), there is authorized to be appropriated to the Secretary of the
Interior $2,000,000 for each of fiscal years 2016 through 2020 for the
acceleration and completion of water infrastructure and conveyance
facilities necessary to achieve full water deliveries to Central Valley
wildlife refuges and habitat areas pursuant to section 3406(d) of that
Act (Public Law 102-575; 106 Stat. 4722).
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
carrying out an activity described in this section shall be not
more than 50 percent.
(2) Non-federal share.--The non-Federal share of the cost
of carrying out an activity described in this section--
(A) shall be not less than 50 percent; and
(B) may be provided in cash or in kind.
SEC. 203. NON-FEDERAL PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN
STANISLAUS RIVER.
(a) Definition of District.--In this section, the term ``district''
means--
(1) the Oakdale Irrigation District of the State of
California; and
(2) the South San Joaquin Irrigation District of the State
of California.
(b) Establishment.--The Secretary of Commerce, acting through the
Assistant Administrator of the National Marine Fisheries Service, and
the districts, in consultation with the Director of the California
Department of Fish and Wildlife, shall jointly establish and conduct a
nonnative predator research and pilot fish removal program to study the
effects of removing from the Stanislaus River--
(1) nonnative striped bass, smallmouth bass, largemouth
bass, black bass; and
(2) other nonnative predator fish species.
(c) Requirements.--The program under this section shall--
(1) be scientifically based, with research questions
determined jointly by--
(A) National Marine Fisheries Service scientists;
and
(B) technical experts of the districts;
(2) include methods to quantify by, among other things,
evaluating the number of juvenile anadromous fish that migrate
past the rotary screw trap located at Caswell--
(A) the number and size of predator fish removed
each year; and
(B) the impact of the removal on--
(i) the overall abundance of predator fish
in the Stanislaus River; and
(ii) the populations of juvenile anadromous
fish in the Stanislaus River;
(3) among other methods, consider using wire fyke trapping,
portable resistance board weirs, and boat electrofishing; and
(4) be implemented as quickly as practicable after the date
of issuance of all necessary scientific research permits.
(d) Management.--The management of the program shall be the joint
responsibility of the Assistant Administrator and the districts, which
shall--
(1) work collaboratively to ensure the performance of the
program; and
(2) discuss and agree on, among other things--
(A) qualified scientists to lead the program;
(B) research questions;
(C) experimental design;
(D) changes in the structure, management,
personnel, techniques, strategy, data collection and
access, reporting, and conduct of the program; and
(E) the need for independent peer review.
(e) Conduct.--
(1) In general.--For each applicable calendar year, the
districts, on agreement of the Assistant Administrator, may
elect to conduct the program under this section using--
(A) the personnel of the Assistant Administrator or
districts;
(B) qualified private contractors hired by the
districts;
(C) personnel of, on loan to, or otherwise assigned
to the National Marine Fisheries Service; or
(D) a combination of the individuals described in
subparagraphs (A) through (C).
(2) Participation by national marine fisheries service.--
(A) In general.--If the districts elect to conduct
the program using district personnel or qualified
private contractors hired under subparagraph (A) or (B)
of paragraph (1), the Assistant Administrator may
assign an employee of, on loan to, or otherwise
assigned to the National Marine Fisheries Service, to
be present for all activities performed in the field to
ensure compliance with subsection (d).
(B) Costs.--The districts shall pay the cost of
participation by the employee under subparagraph (A),
in accordance with subsection (f).
(3) Timing of election.--The districts shall notify the
Assistant Administrator of an election under paragraph (1) by
not later than October 15 of the calendar year preceding the
calendar year for which the election applies.
(f) Funding.--
(1) In general.--The districts shall be responsible for 100
percent of the cost of the program.
(2) Contributed funds.--The Secretary of Commerce may
accept and use contributions of funds from the districts to
carry out activities under the program.
(3) Estimation of cost.--
(A) In general.--Not later than December 1 of each
year of the program, the Secretary of Commerce shall
submit to the districts an estimate of the cost to be
incurred by the National Marine Fisheries Service for
the program during the following calendar year, if any,
including the cost of any data collection and posting
under subsection (g).
(B) Failure to fund.--If an amount equal to the
estimate of the Secretary of Commerce is not provided
through contributions pursuant to paragraph (2) before
December 31 of that calendar year--
(i) the Secretary shall have no obligation
to conduct the program activities otherwise
scheduled for the following calendar year until
the amount is contributed by the districts; and
(ii) the districts may not conduct any
aspect of the program until the amount is
contributed by the districts.
(4) Accounting.--
(A) In general.--Not later than September 1 of each
year, the Secretary of Commerce shall provide to the
districts an accounting of the costs incurred by the
Secretary for the program during the preceding calendar
year.
(B) Excess amounts.--If the amount contributed by
the districts pursuant to paragraph (2) for a calendar
year was greater than the costs incurred by the
Secretary of Commerce during that year, the Secretary
shall--
(i) apply the excess amounts to the cost of
activities to be performed by the Secretary
under the program, if any, during the following
calendar year; or
(ii) if no such activities are to be
performed, repay the excess amounts to the
districts.
(g) Publication and Evaluation of Data.--
(1) In general.--All data generated through the program,
including by any private consultants, shall be routinely
provided to the Assistant Administrator.
(2) Internet.--Not later than the 15th day of each month of
the program, the Assistant Administrator shall publish on the
Internet website of the National Marine Fisheries Service a
tabular summary of the raw data collected under the program
during the preceding month.
(3) Report.--On completion of the program, the Assistant
Administrator shall prepare a final report evaluating the
effectiveness of the program, including recommendations for
future research and removal work.
(h) Consistency With Law.--
(1) In general.--The programs in this section and section
204 are found to be consistent with the requirements of the
Central Valley Project Improvement Act (Public Law 102-575; 106
Stat. 4706).
(2) Limitation.--No provision, plan, or definition under
that Act, including section 3406(b)(1) of that Act (Public Law
102-575; 106 Stat. 4714), shall be used--
(A) to prohibit the implementation of the programs
in this section and section 204; or
(B) to prevent the accomplishment of the goals of
the programs.
(3) State law.--The Secretary of the Interior, the
Secretary of Commerce, and the participating districts shall
comply with applicable requirements of State law with respect
to the program under this subsection.
SEC. 204. PILOT PROJECTS TO IMPLEMENT CALFED INVASIVE SPECIES PROGRAM.
(a) In General.--Not later than January 1, 2017, the Secretary of
the Interior, in collaboration with the Secretary of Commerce, the
Director of the California Department of Fish and Wildlife, and other
relevant agencies and interested parties, shall establish and carry out
pilot projects to implement the invasive species control program under
section 103(d)(6)(A)(iv) of Public Law 108-361 (118 Stat. 1690).
(b) Requirements.--The pilot projects under this section shall--
(1) seek to reduce invasive aquatic vegetation (such as
water hyacinth), predators, and other competitors that
contribute to the decline of native listed pelagic and
anadromous species that occupy the Sacramento and San Joaquin
Rivers and their tributaries and the Delta; and
(2) remove, reduce, or control the effects of species
including Asiatic clams, silversides, gobies, Brazilian water
weed, largemouth bass, smallmouth bass, striped bass, crappie,
bluegill, white and channel catfish, zebra and quagga mussels,
and brown bullheads.
(c) Emergency Environmental Reviews.--To expedite environmentally
beneficial programs in this title for the conservation of threatened
and endangered species, the Secretaries of the Interior and Commerce
shall consult with the Council on Environmental Quality in accordance
with section 1506.11 of title 40, Code of Federal Regulations (or
successor regulations), to develop alternative arrangements to comply
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for those programs.
TITLE III--CALIFORNIA EMERGENCY DROUGHT RELIEF AND OPERATIONAL
FLEXIBILITY
SEC. 301. TAKING INTO ACCOUNT INCREASED REAL-TIME MONITORING AND
UPDATED SCIENCE.
(a) Smelt Biological Opinion.--The Director shall use the best
scientific and commercial data available to implement, continuously
evaluate, and refine or amend, as appropriate, the reasonable and
prudent alternative described in the smelt biological opinion.
(b) Increased Monitoring To Inform Real-Time Operations.--
(1) In general.--The Secretary of the Interior shall
conduct additional surveys, on an annual basis at the
appropriate time of year based on environmental conditions, in
collaboration with interested stakeholders regarding the
science of the Delta in general, and to enhance real time
decisionmaking in particular, working in close coordination
with relevant State authorities.
(2) Requirements.--In carrying out this subsection, the
Secretary of the Interior shall use--
(A) the most appropriate and accurate survey
methods available for the detection of Delta smelt to
determine the extent to which adult Delta smelt are
distributed in relation to certain levels of turbidity
or other environmental factors that may influence
salvage rate;
(B) results from appropriate surveys for the
detection of Delta smelt to determine how the Central
Valley Project and State Water Project may be operated
more efficiently to maximize fish and water supply
benefits; and
(C) science-based recommendations developed by any
of the persons or entities described in subsection
(d)(2) to inform the agencies' real-time decisions.
(3) Winter monitoring.--During the period between December
1 and March 31, if suspended sediment loads enter the Delta
from the Sacramento River, and the suspended sediment loads
appear likely to raise turbidity levels in the Old River north
of the export pumps from values below 12 Nephelometric
Turbidity Units (NTUs) to values above 12 NTUs, the Secretary
of the Interior shall--
(A) conduct daily monitoring using appropriate
survey methods at locations including the vicinity of
Station 902 to determine the extent to which adult
Delta smelt are moving with turbidity toward the export
pumps; and
(B) use results from the monitoring under
subparagraph (A) to determine how increased trawling
can inform daily real-time Central Valley Project and
State Water Project operations to maximize fish and
water supply benefits.
(c) Periodic Review of Monitoring.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the Interior shall--
(1) evaluate whether the monitoring program under
subsection (b), combined with other monitoring programs for the
Delta, is providing sufficient data to inform Central Valley
Project and State Water Project operations to maximize the
water supply for fish and water supply benefits; and
(2) determine whether the monitoring efforts should be
changed in the short or long term to provide more useful data.
(d) Delta Smelt Distribution Study.--
(1) In general.--Not later than March 15, 2021, the
Secretary of the Interior shall--
(A) complete studies, to be initiated by not later
than 90 days after the date of enactment of this Act,
designed--
(i) to understand the location and
determine the abundance and distribution of
Delta smelt throughout the range of the Delta
smelt; and
(ii) to determine potential methods to
minimize the effects of Central Valley Project
and State Water Project operations on the Delta
smelt;
(B) based on the best available science, if
appropriate and practicable, implement new targeted
sampling and monitoring of Delta smelt in order to
maximize fish and water supply benefits prior to
completion of the study under subparagraph (A);
(C) to the maximum extent practicable, use new
technologies to allow for better tracking of Delta
smelt, such as acoustic tagging, optical recognition
during trawls, and fish detection using residual
deoxyribonucleic acid (DNA); and
(D) if new sampling and monitoring is not
implemented under subparagraph (B), provide a detailed
explanation of the determination of the Secretary of
the Interior that no change is warranted.
(2) Consultation.--In determining the scope of the studies
under this subsection, the Secretary of the Interior shall
consult with--
(A) Central Valley Project and State Water Project
water contractors and public water agencies;
(B) other public water agencies;
(C) the California Department of Fish and Wildlife
and the California Department of Water Resources; and
(D) nongovernmental organizations.
(e) Scientifically Supported Implementation of OMR Flow
Requirements.--
(1) Environmental protection mandate.--The Secretaries of
the Interior and Commerce shall take no action pursuant to this
Act that would cause additional adverse effects on the listed
fish species beyond the range of effects anticipated to occur
to the listed fish species for the duration of the applicable
biological opinion, using the best scientific and commercial
data available.
(2) Real-time management to achieve multiple goals.--
Building upon previous drought operations in calendar years
2014 and 2015, the Secretaries of the Interior and Commerce
shall monitor in real time to determine the location and
densities of listed fish species relative to the pumps, Delta
conditions, and other relevant factors, in order to identify--
(A) opportunities to increase water pumping without
violating the standard in paragraph (1) or other
applicable environmental laws and regulations; and
(B) circumstances where it is necessary to decrease
water pumping to protect listed fish species.
(3) Management.--In implementing the smelt biological
opinion and the salmonid biological opinion, the Secretaries of
the Interior and Commerce shall manage the OMR in accordance
with those opinions to maximize water supplies for the Central
Valley Project and State Water Project, to the extent
consistent with paragraph (1).
(4) Reverse flow.--
(A) In general.--With respect to the management of
reverse flow in the OMR under the smelt biological
opinion, the Secretary of the Interior shall implement
the relevant provisions of the smelt biological opinion
to maximize Central Valley Project and State Water
Project water supplies, to the extent consistent with
paragraph (1).
(B) Requirements.--If the Secretary determines to
manage rates of pumping at the C.W. ``Bill'' Jones and
the Harvey O. Banks pumping plants in the southern
Delta to achieve a reverse OMR flow rate less negative
than -5,000 cubic feet per second, the Secretary
shall--
(i) document in writing any significant
facts regarding real-time conditions relevant
to the determinations of OMR reverse flow
rates, including--
(I) targeted real-time fish
monitoring in the Old River pursuant to
this section, including monitoring in
the vicinity of Station 902; and
(II) near-term forecasts with
available salvage models under
prevailing conditions of the effects on
Delta smelt of OMR flow of -5,000 cubic
feet per second; and
(ii) explain in writing why any decision to
manage OMR reverse flow at rates less negative
than -5,000 cubic feet per second is necessary
to comply with the environmental standard in
subsection (e)(1), after considering relevant
factors such as--
(I) the distribution of Delta smelt
throughout the Delta;
(II) the potential effects of high
entrainment risk on subsequent Delta
smelt abundance;
(III) the water temperature;
(IV) other significant factors
relevant to the determination, as
required by applicable Federal or State
laws;
(V) turbidity; and
(VI) whether any alternative
measures could have a substantially
lesser water supply impact.
(5) Immediate action.--Nothing in this section shall
prevent the Secretaries of the Interior or Commerce from taking
immediate action to reduce pumping if necessary to do so to
comply with the Endangered Species Act, its implementing
regulations, or to avoid additional adverse effects on the
listed fish species beyond the range of effects anticipated to
occur to the listed fish species for the duration of the
applicable biological opinion.
(f) First Sediment Flush.--During the first flush of sediment out
of the Delta in each water year, based on objective evidence and
notwithstanding subsection (e), the Secretary of the Interior shall
manage OMR flow pursuant to the portion of the smelt biological opinion
that protects adult Delta smelt from the first flush if required to do
so by the smelt biological opinion.
(g) Construction.--The Secretaries of the Interior and Commerce
may--
(1) implement subsection (e) building on, and taking into
account the effects of, previous operations in the 2014 and
2015 water years; and
(2) use the results of monitoring through early warning
surveys to make real-time operational decisions under the
applicable biological opinion.
(h) Calculation of Reverse Flow in OMR.--Not later than 180 days
after the date of enactment of this Act, the Secretary, in consultation
with the California Department of Water Resources, consistent with the
smelt biological opinion and the salmonid biological opinion, shall--
(1) review, including seeking public comment regarding,
whether any revision to the method used to calculate reverse
flow in the OMR for implementation of the reasonable and
prudent alternatives in the smelt biological opinion and the
salmonid biological opinion for the purpose of using the best
available science and monitoring to maximize fish and water
supply benefits is warranted; and
(2) implement the revised method to calculate reverse flow
in the OMR pursuant to paragraph (1).
(i) Successor Biological Opinions.--The Secretaries of the Interior
and Commerce shall apply the provisions of this Act to successor
biological opinions to the salmonid biological opinion and the smelt
biological opinion, to the extent that the Secretaries of the Interior
and Commerce determine to be consistent with--
(1) section 701(a)(3); and
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) and the regulations implementing that Act.
SEC. 302. EMERGENCY OPERATIONS.
(a) Water Supplies.--The Secretaries of the Interior and Commerce
shall provide the maximum quantity of water supplies practicable to
Central Valley Project agricultural, municipal, and industrial
contractors, water service or repayment contractors, water rights
settlement contractors, exchange contractors, refuge contractors, and
State Water Project contractors, by approving, in accordance with
applicable Federal and State laws (including regulations), operations
or temporary projects to provide additional water supplies as quickly
as practicable, based on available information, to address the
emergency conditions.
(b) Administration.--In carrying out subsection (a), the
Secretaries of the Interior and Commerce shall, in accordance with
applicable laws (including regulations)--
(1)(A) in close coordination with the California Department
of Water Resources and the California Department of Fish and
Wildlife, implement a pilot project to test and evaluate the
ability to operate the Delta cross-channel gates daily or as
otherwise may be appropriate to keep the gates open to the
maximum extent practicable to protect out-migrating salmonids,
manage salinities in the interior Delta and any other water
quality issues, and maximize Central Valley Project and State
Water Project pumping, subject to the condition that the pilot
project shall be designed and implemented consistent with
operational criteria and monitoring criteria required by the
California State Water Resources Control Board, including its
order, ``Order Approving a Temporary Urgency Change in License
and Permit Terms in Response to Drought Conditions'', effective
on January 31, 2014 (or a successor order); and
(B) design, implement, and evaluate those real-time
monitoring capabilities to enable effective real-time
operations of the cross-channel in order efficiently to meet
the objectives described in subparagraph (A);
(2) with respect to the operation of the Delta cross-
channel gates described in paragraph (1), collect data on the
impact of that operation on--
(A) species listed as threatened or endangered
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) water quality; and
(C) water supply benefits;
(3) collaborate with the California Department of Water
Resources to install a deflection barrier at Georgiana Slough
and the Delta cross-channel gate to protect migrating
salmonids, consistent with knowledge gained from related
activities carried out during 2014 and 2015;
(4) not later than May 15, 2016, submit to the Committees
on Energy and Natural Resources and Environment and Public
Works of the Senate and the Committee on Natural Resources of
the House of Representatives a notice and explanation regarding
the extent to which the gates are able to remain open pursuant
to paragraphs (1) through (3);
(5) implement turbidity control strategies that may allow
for increased water deliveries while avoiding jeopardy to adult
Delta smelt due consistent with the smelt biological opinion;
(6) adopt a 1:1 inflow-to-export ratio for the increment of
increased flow, as measured as a 3-day running average at
Vernalis during the period beginning on April 1 and ending on
May 31, that results from the voluntary sale, transfer, or
exchange, unless the Secretaries of the Interior and Commerce
determine in writing that the ratio will cause additional
adverse effects on any salmonid listed fish species beyond the
range of effects anticipated to occur to the listed fish
species for the duration of the salmonid biological opinion
using the best scientific and commercial data available and
subject to the condition that any individual sale, transfer, or
exchange using that ratio may only proceed if--
(A) the Secretary of the Interior determines that
the environmental effects of the proposed sale,
transfer, or exchange are consistent with effects
permitted under applicable law (including the
Endangered Species Act (16 U.S.C. 1531 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1381 et
seq.), and the Porter-Cologne Water Quality Control Act
(California Water Code 13000 et seq.));
(B) Delta conditions are suitable to allow movement
of the acquired, transferred, or exchanged water
through the Delta, in accordance with existing Central
Valley Project and State Water Project permitted water
rights and the requirements of section 3405(a)(1)(H) of
the Central Valley Project Improvement Act (Public Law
102-575; 106 Stat. 4711); and
(C) the voluntary sale, transfer, or exchange of
water results in flow that is in addition to flow that
otherwise would occur in the absence of the voluntary
sale, transfer, or exchange;
(7)(A) issue all necessary permit decisions under the
authority of the Secretaries of the Interior and Commerce by
not later than 60 days after the date of receipt of a completed
application by the State of California to place and use
temporary barriers or operable gates in Delta channels to
improve water quantity and quality for State Water Project and
Central Valley Project south-of-Delta water contractors and
other water users, which barriers or gates shall provide
benefits for species protection and in-Delta water user water
quality, subject to the condition that the barriers or gates
shall be designed so that, if practicable, formal consultations
under section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536) are not necessary; or
(B) take a longer period to issue the permit decisions
described in subparagraph (A) only if the Secretaries of the
Interior and Commerce determine in writing that an
environmental impact statement is needed for the proposal to
comply with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(8) allow and facilitate, consistent with existing
priorities, water transfers through the C.W. ``Bill'' Jones
Pumping Plant or the Harvey O. Banks Pumping Plant during the
period beginning on April 1 and ending on November 30, subject
to the condition that the transfers--
(A) are consistent with applicable Federal and
State laws (including regulations), including the
California Environmental Quality Act (California Public
Resources Code 21000-21177); and
(B) are consistent with the smelt biological
opinion and the salmonid biological opinion;
(9) require the Director and the Commissioner--
(A)(i) to determine whether a written transfer
proposal is complete by not later than 30 days after
the date of submission of the proposal; and
(ii) if the proposal is determined to be
incomplete, to State with specificity what shall be
supplemented or revised to complete the proposal; and
(B)(i) complete all requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) necessary to make final permit decisions
on water transfer requests in the State of California
by--
(I) not later than 30 days after deeming
the application complete pursuant to
subparagraph (A); or
(II) such later date as the Director or the
Commissioner determines to be necessary, only
if the Director or the Commissioner determines
in writing that an environmental impact
statement is needed for the proposal to comply
with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(ii) approve any water transfer request described
in clause (i) to maximize the quantity of water
supplies, subject to the condition that actions
associated with the water transfer comply with
applicable Federal and State laws (including
regulations) and are consistent with--
(I) existing permitted water rights; and
(II) the requirements of section
3405(a)(1)(H) of the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat.
4711);
(10) in coordination with the Secretary of Agriculture,
enter into an agreement with the National Academy of Sciences
to conduct a comprehensive study, to be completed not later
than 1 year after the date of enactment of this Act, on the
effectiveness and environmental impacts of saltcedar biological
control efforts on increasing water supplies and improving
riparian habitats of the Colorado River and its principal
tributaries, in the State of California and elsewhere;
(11) pursuant to the research and adaptive management
provisions of the smelt biological opinion and the salmonid
biological opinion--
(A) use all available scientific tools to identify
any changes to real-time operations of Bureau of
Reclamation, State of California, or local water
projects that could result in the availability of
additional water supplies; and
(B) determine whether alternative operational or
other management measures would meet applicable
regulatory requirements for listed species while
maximizing water supplies and water supply reliability;
and
(12) continue to vary the averaging period of the maximum
percent of Delta Inflow Diverted (Delta export-inflow ratio),
to the extent consistent with any applicable California Water
Resources Control Board orders under decision D-1641 (which
sets water quality objectives for the San Francisco Bay/
Sacramento-San Joaquin Delta Estuary) to operate--
(A) to a ratio using a 3-day averaging period on
the rising limb of a Delta inflow hydrograph; and
(B) to a 14-day averaging period on the falling
limb of the Delta inflow hydrograph.
(c) Other Agencies.--To the extent that a Federal department or
agency other than the Department of the Interior or the Department of
Commerce has a role in approving a project described in subsection (a)
or (b), this section shall apply to the Federal department or agency.
(d) Accelerated Project Decision and Elevation.--
(1) In general.--On request of the Governor of California,
the Secretaries of the Interior and Commerce shall use the
expedited procedures under this subsection to make final
decisions relating to Federal or federally approved projects or
operational changes proposed pursuant to subsections (a) and
(b) to provide additional water supplies or otherwise address
emergency drought conditions.
(2) Request for resolution.--
(A) In general.--On request of the Governor of
California, the Secretaries of the Interior and
Commerce or the head of another Federal department or
agency responsible for carrying out a review of a
project, as applicable, shall convene a final project
decision meeting with the heads of all relevant Federal
agencies to decide whether to approve a project to
provide emergency water supplies or otherwise address
emergency drought conditions.
(B) Meeting.--A meeting under subparagraph (A)
shall convene not later than 7 days after the date of
receipt of the meeting request.
(3) Notification.--On receipt of a request for a meeting
under this subsection, the Secretary of the Interior shall
notify the heads of all relevant Federal departments and
agencies of the request, including a description of--
(A) the project to be reviewed; and
(B) the date for the meeting.
(4) Decision.--Not later than 10 days after the date on
which a meeting is requested under paragraph (2), the head of
the relevant Federal agency shall issue a final decision on the
project.
(5) Meeting convened by secretary.--The Secretary of the
Interior may convene a final project decision meeting under
this subsection at any time, at the discretion of the
Secretary, regardless of whether a meeting is requested under
paragraph (2).
(6) Limitation.--The expedited procedures under this
subsection apply only--
(A) to proposed new Federal projects or operational
changes pursuant to subsection (a) or (b); and
(B) to the extent the procedures are consistent
with applicable laws (including regulations).
(e) Drought Plan.--For any year during which this section is in
effect, the Secretaries of the Interior and Commerce, in consultation
with appropriate State officials, shall develop a drought operations
plan that is consistent with this Act and other applicable Federal and
State laws, including provisions intended to provide additional water
supplies that could be of assistance during the drought in existence on
the date of enactment of this Act.
SEC. 303. TEMPORARY OPERATIONAL FLEXIBILITY TO CAPTURE PEAK FLOWS FROM
WINTER STORMS.
(a) Environmental Protection Mandate.--The Secretaries of the
Interior and Commerce shall take no action pursuant to this Act that
would cause additional adverse effects on the listed fish species
beyond the range of effects anticipated to occur to the listed fish
species for the duration of the applicable biological opinion, using
the best scientific and commercial data available.
(b) Real-Time Management To Achieve Multiple Goals.--Pursuant to
the adaptive management provisions of the smelt biological opinion and
the salmonid biological opinion, the Secretaries of the Interior and
Commerce shall monitor in real time to determine the location and
densities of listed fish species relative to the pumps and Delta
conditions, in order to identify--
(1) opportunities to increase water pumping without
violating the standard in subsection (a) or other environmental
laws and regulations; and
(2) circumstances where it is necessary to decrease water
pumping to protect listed fish species.
(c) Requirement.--When consistent with the environmental protection
mandate in subsection (a) and other environmental protections under
subsection (f), the Secretaries of the Interior and Commerce, through
the drought contingency plans, shall evaluate and may authorize the
Central Valley Project and the State Water Project, combined, to
operate at levels that result in daily average OMR flows more negative
than -5,000 cubic feet per second (based on United States Geological
Survey gauges on OMR) to capture peak flows during storm-related
events, in accordance with subsections (d), (e), and (f).
(d) Factors To Be Considered.--In determining additional adverse
effects on any listed fish species beyond the range of effects
anticipated to occur to the listed fish species for the duration of the
smelt biological opinion or salmonid biological opinion, using the best
scientific and commercial data available, the Secretaries of the
Interior and Commerce may consider the following factors:
(1) The real-time distribution of listed species.
(2) Relevant physical parameters including projected
inflows, turbidity, salinities, and tidal cycles.
(3) Any other factor under the relevant biological opinion.
(e) Other Environmental Protections.--
(1) State law.--The actions of the Secretaries of the
Interior and Commerce pursuant to this section shall be
consistent with applicable regulatory requirements under State
law.
(2) First sediment flush.--During the first flush of
sediment out of the Delta during each water year, based on
objective evidence and notwithstanding the other provisions of
this subsection, the Secretary of the Interior shall manage OMR
flow pursuant to the portion of the smelt biological opinion
that protects adult Delta smelt from the first flush if
required to do so by the smelt biological opinion.
(3) Applicability.--
(A) In general.--This section on capturing peak
flows from winter storms shall not affect the
application of the salmonid biological opinion during
the period beginning on April 1 and ending on May 31,
unless the Secretary of Commerce determines that this
section can be applied during part or all of that time
period to provide emergency water supply relief without
resulting in additional adverse effects beyond those
anticipated to occur for the duration the salmonid
biological opinion.
(B) Through-delta water transfers.--In addition to
any other actions to benefit water supply, the
Secretaries of the Interior and Commerce shall consider
allowing through-Delta water transfers to occur during
the period referred to in subparagraph (A), in
accordance with section 302(b)(8).
(4) Monitoring.--In implementing this section, the
Commissioner, in coordination with the Director, the Assistant
Administrator, and the California Department of Fish and
Wildlife, shall carry out a monitoring program and other data
gathering activities--
(A) to ensure incidental take levels are not
exceeded; and
(B) to identify potential negative impacts, if any.
(f) Effect of High Outflows.--When exercising their authorities
pursuant to drought contingency plans to capture peak flows pursuant to
subsection (c), the Secretaries of the Interior and Commerce shall not
count any day during that period toward the 5-day or 14-day running
averages of tidally filtered daily OMR flow requirements under the
smelt biological opinion or the salmonid biological opinion unless
doing so is required to avoid additional adverse effects on listed fish
species beyond the range of effects anticipated to occur to the listed
fish species for the duration of the biological opinions, using the
best scientific and commercial data available.
SEC. 304. EMERGENCY ENVIRONMENTAL REVIEWS.
To minimize the time spent carrying out environmental reviews and
quickly to deliver water that is needed to address emergency drought
conditions in the State of California, the head of each applicable
Federal department or agency shall, in carrying out this title, consult
with the Council on Environmental Quality in accordance with section
1506.11 of title 40, Code of Federal Regulations (or successor
regulations), to develop alternative arrangements to comply with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
during the emergency. The Council on Environmental Quality shall
exercise its authority in a timely manner and with an outcome
consistent with the need to address the emergency drought conditions in
the State of California.
SEC. 305. LEVEL OF DETAIL REQUIRED FOR ANALYSIS.
In articulating the determinations and demonstrations required
under this title and title I, the Secretaries of the Interior and
Commerce shall--
(1) fully satisfy the requirements of this title addressing
both supporting and countervailing evidence using such quantity
of written supporting detail as is reasonable within the
timeframe permitted for timely decisionmaking in response to
changing conditions in the Delta; and
(2) make the decision document available on a publicly
accessible Internet website.
TITLE IV--WATER RIGHTS
SEC. 401. OFFSET FOR STATE WATER PROJECT.
(a) Implementation Impacts.--The Secretary of the Interior shall
confer with the California Department of Fish and Wildlife in
connection with the implementation of this Act regarding potential
impacts to any consistency determination for operations of the State
Water Project issued pursuant to section 2080.1 of the California Fish
and Game Code.
(b) Additional Yield.--If, as a result of the application of this
Act, the California Department of Fish and Wildlife--
(1) determines that operations of the State Water Project
are inconsistent with the consistency determinations issued
pursuant to California Fish and Game Code section 2080.1 for
operations of the State Water Project; or
(2) requires take authorization under California Fish and
Game Code section 2081 for operation of the State Water
Project,
in a manner that directly or indirectly results in reduced water supply
to the State Water Project as compared with the water supply available
under the smelt biological opinion and the salmonid biological opinion,
and as a result, Central Valley Project yield is greater than it
otherwise would have been, then that additional yield shall be made
available to the State Water Project for delivery to State Water
Project contractors to offset the reduced water supply, provided that
if it is necessary to reduce water supplies for any Central Valley
Project authorized uses or contractors to make available to the State
Water Project that additional yield, such reductions shall be applied
proportionately to those uses or contractors that benefit from that
increased yield.
(c) Notification Related to Environmental Protections.--The
Secretaries of the Interior and Commerce shall--
(1) notify the Director of the California Department of
Fish and Wildlife regarding any changes in the manner in which
the smelt biological opinion or the salmonid biological opinion
is implemented; and
(2) confirm that those changes are consistent with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(d) Savings.--Nothing in this section shall have any effect on the
application of the California Endangered Species Act (California Fish
and Game Code sections 2050 through 2116).
SEC. 402. AREA OF ORIGIN AND WATER RIGHTS PROTECTIONS.
(a) In General.--In carrying out this Act, the Secretaries of the
Interior and Commerce shall not take any action that--
(1) diminishes, impairs, or otherwise affects in any manner
any area of origin, watershed of origin, county of origin, or
any other water rights protection, including rights to water
appropriated before December 19, 1914, provided under
California law;
(2) limits, expands, or otherwise affects the application
of section 10505, 10505.5, 11128, 11460, 11461, 11462, 11463,
or 12200 through 12220 of the California Water Code or any
other provision of California water rights law, without respect
to whether such a provision is specifically referred to in this
Act; or
(3) diminishes, impairs, or otherwise affects in any manner
any water rights or water rights priorities under applicable
law.
(b) Effect of Act.--Nothing in this Act--
(1) affects or modifies any obligation of the Secretary of
the Interior under section 8 of the Act of June 17, 1902 (32
Stat. 390, chapter 1093); or
(2) diminishes, impairs, or otherwise affects in any manner
any project purposes or priorities for the allocation,
delivery, or use of water under applicable law, including the
project purposes and priorities established under sections 3402
and 3406 of the Central Valley Project Improvement Act (Public
Law 102-575; 106 Stat. 4706).
SEC. 403. NO REDIRECTED ADVERSE IMPACTS.
(a) Applicability.--
(1) In general.--The Secretaries of the Interior and
Commerce shall not carry out any specific action pursuant to
this Act that will directly or, through State agency action,
indirectly result in the involuntary reduction of water supply
to an individual, district, or agency that has in effect a
contract for water with the State Water Project or the Central
Valley Project, including settlement and exchange contracts,
operating contracts, refuge contracts, and Friant Division
contracts, as compared to the water supply that would be
provided in the absence of action under this Act.
(2) Effect of act.--Nothing in this Act modifies, amends,
or affects any right or obligation of any party to a contract
described in paragraph (1).
(b) Action on Determination.--If, after exploring all options, the
Secretary makes a final determination that a proposed action under this
Act cannot be carried out in accordance with subsection (a), the
Secretary--
(1) shall document that determination in writing with
regard to that action, including a statement of the facts
relied on, and an explanation of the basis, for the decision;
and
(2) is subject to applicable law, including the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 404. ALLOCATIONS FOR SACRAMENTO VALLEY WATER SERVICE CONTRACTORS.
(a) Definitions.--In this section:
(1) Existing central valley project agricultural water
service contractor within sacramento river watershed.--The term
``existing Central Valley Project agricultural water service
contractor within the Sacramento River Watershed'' means any
water service contractor within the Shasta, Trinity, or
Sacramento River Division of the Central Valley Project that
has in effect a water service contract on the date of enactment
of this Act that provides water for irrigation.
(2) Year terms.--The terms ``Above Normal'', ``Below
Normal'', ``Dry'', and ``Wet'', with respect to a year, have
the meanings given those terms in the Sacramento Valley Water
Year Type (40-30-30) Index.
(b) Allocations of Water.--
(1) Allocations.--Subject to subsection (c), the Secretary
of the Interior shall make every reasonable effort in the
operation of the Central Valley Project to allocate water
provided for irrigation purposes to each existing Central
Valley Project agricultural water service contractor within the
Sacramento River Watershed in accordance with the following:
(A) Not less than 100 percent of the contract
quantity shall be allocated to the Central Valley
Project agricultural water service contractor within
the Sacramento River Watershed in a Wet year.
(B) Not less than 100 percent of the contract
quantity shall be allocated to the Central Valley
Project agricultural water service contractor within
the Sacramento River Watershed in an Above Normal year.
(C) Not less than 100 percent of the contract
quantity shall be allocated to the Central Valley
Project agricultural water service contractor within
the Sacramento River Watershed in a Below Normal year
that is preceded by an Above Normal or Wet year.
(D) Not less than 50 percent of the contract
quantity shall be allocated to the existing Central
Valley Project agricultural water service contractor
within the Sacramento River Watershed in a Dry year
that is preceded by a Below Normal, Above Normal, or
Wet year.
(E) Subject to paragraph (2), in any other year not
identified in any of subparagraphs (A) through (D), the
Secretary shall allocate not less than twice the
allocation percentage to south-of-Delta Central Valley
Project agricultural water service contractors, up to
100 percent.
(2) Effect of subparagraph.--In the event of anomalous
circumstances, nothing in paragraph (1)(E) precludes an
allocation to an existing Central Valley Project agricultural
water service contractor within the Sacramento River Watershed
that is greater than twice the allocation percentage to a
south-of-Delta Central Valley Project agricultural water
service contractor.
(c) Protection of Environment, Municipal, and Industrial Supplies
and Other Contractors.--
(1) Environment.--Nothing in subsection (b) shall adversely
affect any protections for the environment, including--
(A) the cold water pool behind Shasta Dam or any
other Central Valley Project reservoir;
(B) the obligation of the Secretary of the Interior
to make water available to managed wetlands pursuant to
section 3406(d) of the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4722);
or
(C) any obligation--
(i) of the Secretaries of the Interior and
Commerce under the smelt biological opinion,
the salmonid biological opinion, or any other
applicable biological opinion; or
(ii) under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), the Central
Valley Project Improvement Act (Public Law 102-
575; 106 Stat. 4706), or any other applicable
State or Federal law (including regulations).
(2) Municipal and industrial supplies.--Nothing in
subsection (b) shall--
(A) modify any provision of a water service
contract that addresses municipal or industrial water
shortage policies of the Secretaries of the Interior
and Commerce;
(B) affect or limit the authority of the
Secretaries of the Interior and Commerce--
(i) to adopt or modify municipal and
industrial water shortage policies; or
(ii) to implement a municipal or industrial
water shortage policy;
(C) constrain, govern, or affect, directly or
indirectly, the operations of the American River
Division of the Central Valley Project or any
deliveries from that Division or a unit or facility of
that Division; or
(D) affect any allocation to a Central Valley
Project municipal or industrial water service
contractor by increasing or decreasing allocations to
the contractor, as compared to the allocation the
contractor would have received absent subsection (b).
(3) Other contractors.--Nothing in subsection (b) shall--
(A) affect the priority of any individual or entity
with a Sacramento River settlement contract over water
service or repayment contractors;
(B) affect the obligation of the United States to
make a substitute supply of water available to the San
Joaquin River exchange contractors;
(C) result in the involuntary reduction in water
allocations to refuge contractors;
(D) affect the allocation of water to Friant
Division contractors of the Central Valley Project;
(E) result in the involuntary reduction in contract
water allocations to individuals or entities with
contracts to receive water from the Friant Division; or
(F) authorize any actions inconsistent with State
water rights law.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. AUTHORIZED SERVICE AREA.
(a) In General.--The service area of the Central Valley Project, as
authorized by the Central Valley Project Improvement Act (Public Law
102-575; 106 Stat. 4706), shall include the area within the boundaries
of the Kettleman City Community Services District of California, as in
existence on the date of enactment of this Act.
(b) Long-Term Contract.--
(1) In general.--Notwithstanding the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4706) and
subject to paragraph (2), the Secretary of the Interior, in
accordance with the reclamation laws, shall enter into a long-
term contract with the Kettleman City Community Services
District of California, under terms and conditions mutually
agreeable to the parties, for the delivery of up to 900 acre-
feet of Central Valley Project water for municipal and
industrial use.
(2) Limitation.--A Central Valley Project water delivery
under the contract entered into under paragraph (1) shall be
limited to the minimal quantity necessary to meet the immediate
needs of the Kettleman City Community Services District, in the
event that local supplies or State Water Project allocations
are insufficient to meet those needs.
(c) Permit.--The Secretary shall apply to the State of California
for a permit for a joint place of use for water deliveries under the
contract entered into under subsection (b) with respect to the expanded
service area under subsection (a), in accordance with State law.
(d) Additional Costs.--The applicable non-Federal entity shall pay
the costs of any additional infrastructure, water treatment, or related
costs are needed to carry out this section.
SEC. 502. OVERSIGHT OVER AND PUBLIC INPUT INTO RESTORATION FUND
ACTIVITIES.
Section 3407 of the Central Valley Project Improvement Act (Public
Law 102-575; 106 Stat. 4726) is amended by striking subsection (f) and
inserting the following:
``(f) Restoration Fund Financial Reports.--
``(1) Transparency in expenditures.--For the effective
period of the California Emergency Drought Relief Act, the
Secretary shall make available, on a publicly accessible
Internet website, a report describing a detailed work plan for
the expenditure of all amounts deposited in the Restoration
Fund during the preceding fiscal year, including--
``(A) a description of all receipts to, and uses
of, funds deposited in the Restoration Fund and the
Restoration Account during the preceding fiscal year;
``(B) a projection of the expected receipts to the
Restoration Fund and Restoration Account for the
following fiscal year; and
``(C) an analysis of the effectiveness of each
expenditure included in the report covering the
preceding fiscal year.
``(2) Public participation for planned expenditures.--
``(A) In general.--For each fiscal year, the
Secretary shall make available on a publicly accessible
Internet website a proposed draft work plan for the
following fiscal year regarding priorities and spending
levels for projects and programs to be carried out
under this title.
``(B) Public comment.--The draft work plan under
this paragraph shall be made available for public
comment for a period not less than 30 days.''.
SEC. 503. BASIN STUDIES.
(a) In General.--The Secretary of the Interior shall--
(1) expand opportunities and expedite completion of
assessments under the Secure Water Act (section 9503(b) of
Public Law 111-11 (42 U.S.C. 10363(b))), together with non-
Federal partners, of individual sub-basins and watersheds
within major Reclamation river basins; and
(2) ensure prompt decisionmaking regarding, and expedited
implementation of, adaptation and mitigation strategies
developed through the special study process.
(b) Contributed Funds.--The Secretary may accept and use
contributions of funds from the non-Federal partners to carry out
activities under the special studies consistent with the administration
of basin studies program criteria.
SEC. 504. TECHNICAL AND MODELING ASSISTANCE.
(a) In General.--The Secretaries of the Interior and Commerce may
provide technical and modeling assistance on request to the State Water
Resources Control Board during the drought emergency in effect on the
date of enactment of this Act.
(b) Data Availability.--The Secretaries of the Interior and
Commerce shall make publicly available on request any modeling and data
provided under subsection (a).
SEC. 505. REPORT ON RESULTS OF WATER USAGE.
The Secretary of the Interior, in consultation with the Secretary
of Commerce and the Secretary of Natural Resources of the State of
California, shall publish an annual report describing, with respect to
the period covered by the report--
(1) instream flow releases from the Central Valley Project
and State Water Project;
(2) the explicit purpose and authority of those releases;
and
(3) all measured environmental benefits as a result of the
releases.
SEC. 506. ADDITIONAL STORAGE AT NEW MELONES.
(a) Coordination.--The Commissioner shall coordinate with local
water and irrigation districts in the Stanislaus River Basin to
identify the quantity of water storage made available by the draft plan
of operations in New Melones Reservoir (referred to in this section as
the ``draft plan'') for--
(1) water conservation programs;
(2) conjunctive use projects;
(3) water transfers;
(4) rescheduled project water; and
(5) other projects to maximize water storage and ensure the
beneficial use of the water resources in the Stanislaus River
Basin.
(b) Requirement.--The programs and projects described in subsection
(a) shall be implemented in accordance with applicable laws (including
regulations).
(c) Source of Water.--The source of water for any storage program
carried out under this section at New Melones Reservoir shall be made
available under a valid water right, in accordance with--
(1) the water transfer guidelines of the State of
California; and
(2) any other applicable State water law.
(d) Report.--Not later than 18 months after the date of
identification of the quantity of storage made available under the
draft plan that has been allocated under this section, the Commissioner
shall submit to Congress a report describing the implementation of this
section, including proposals received by the Commissioner from
interested parties for purposes of this section.
SEC. 507. CONTRACTING AUTHORITIES.
(a) Delta Research Station Leases.--Notwithstanding section 585 of
title 40, United States Code, the Secretaries of the Interior and
Commerce may enter directly into any lease of real property for the
Delta Research Station.
(b) Collaborative Processes.--Notwithstanding the Federal Advisory
Committee Act (5 U.S.C. App.) and applicable Federal acquisitions and
contracting authorities, the Secretaries of the Interior and Commerce
may use the collaborative processes under the Collaborative Science
Adaptive Management Program to enter into contracts with specific
individuals or organizations directly or in conjunction with
appropriate State agencies.
SEC. 508. VOLUNTARY OPEN WATER DATA SYSTEM.
(a) Definitions.--In this section:
(1) Educational institution.--The term ``educational
institution'' means--
(A) a public or private elementary or secondary
school;
(B) an institution of vocational, professional, or
higher education (including a junior college or
teachers' college); and
(C) an association of schools or institutions
described in subparagraphs (A) and (B).
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(4) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(5) System.--The term ``system'' means the open water data
system established under subsection (b).
(b) System.--The Secretary shall establish and maintain an open
water data system within the United States Geological Survey to advance
the availability, timely distribution, and widespread use of water data
and information for water management, education, research, assessment,
and monitoring purposes.
(c) Purposes.--The purposes of the system are--
(1) to promote the voluntary sharing of water data and
information among State, local, and tribal governments,
communities, educational institutions, and the private sector;
(2) to advance the quantification of the availability, use
of, and risks to, water resources throughout the United States;
(3) to increase accessibility to, and expand the use of,
water data and information in a standard, easy-to-use format by
Federal, State, local, and tribal governments, communities,
educational institutions, and the private sector; and
(4) to facilitate the open exchange of water information
particularly in the face of climate change and unprecedented
drought.
(d) Activities.--
(1) In general.--In carrying out this section, the
Secretary shall coordinate with the National Oceanic and
Atmospheric Administration--
(A) to integrate water data and information into an
interoperable, national, geospatially referenced water
data framework;
(B) to identify new water data and information
needs, including data on surface and groundwater
quality and quantity, contaminated aquifers, sediment,
erosion, transport, water chemistry, brackish water,
precipitation, reservoir storage, water cycle,
landscape variables, hydrography, climate and weather
impacts, soil moisture, and human use;
(C) to leverage existing shared databases,
infrastructure, and tools to provide a platform for
water data and information innovation, modeling and
data sharing, and solution development; and
(D) to support water data and information sharing,
applied research, and educational programs of State,
local, and tribal governments, communities, educational
institutions, and the private sector.
(2) Requirement.--Any activity carried out pursuant to this
section by the Secretary or a non-Federal participant shall
be--
(A) voluntary; and
(B) carried out in accordance with all Federal and
State privacy laws.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2016 through 2020.
SEC. 509. SINGLE ANNUAL REPORT.
To the maximum extent practicable, the Secretary of the Interior
shall combine into 1 report the annual reports required to be submitted
under this Act to the Committees on Appropriations and Energy and
Natural Resources of the Senate and the Committees on Appropriations
and Natural Resources of the House of Representatives.
TITLE VI--OFFSETS
SEC. 601. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes; Definitions.--
(1) Purposes.--The purposes of this section are--
(A) to identify Bureau of Reclamation projects and
programs that are no longer feasible due to--
(i) a lack of local support;
(ii) a lack of available Federal or non-
Federal resources; or
(iii) an authorized purpose that is no
longer relevant or feasible;
(B) to establish an efficient and transparent
process for deauthorizing Reclamation projects and
programs that have failed to receive a minimum level of
investment to ensure active projects can move forward
while reducing the backlog of authorized projects;
(C) to create an expedited and definitive process
to deauthorize Reclamation projects and programs;
(D) to allow the continued authorization of
programs and projects that are feasible; and
(E) to establish a process for identifying
authorized Reclamation projects and programs that are
no longer--
(i) in the Federal interest; or
(ii) feasible.
(2) Definitions.--In this section:
(A) Reclamation project or program.--The term
``Reclamation project or program'' includes any project
or program that is administered by the Bureau of
Reclamation.
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(b) Comprehensive Reports.--
(1) Minimum funding list.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall submit
to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives, and make available on a publicly accessible
Internet website in a manner that is downloadable, searchable,
and sortable, a list of--
(A) Reclamation programs authorized, and for which
funding was obligated, during the current fiscal year
or any of the preceding 5 fiscal years; and
(B)(i) Reclamation projects or separable elements
of projects authorized for construction for which
funding has been obligated during the current fiscal
year or any of the 5 preceding fiscal years;
(ii) the amount of funding obligated for each such
project or separable element per fiscal year;
(iii) the current phase of each such project or
separable element; and
(iv) the amount required to complete the current
phase of each such project or separable element.
(2) Backlog report.--Together with the report under
paragraph (1), the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives, and make
available on a publicly accessible Internet website in a manner
that is downloadable, searchable, and sortable, a list of--
(A) Reclamation programs that are authorized and
for which funding was not obligated during the current
fiscal year or any of the preceding 5 fiscal years; and
(B)(i) projects or separable elements that are
authorized for construction but have not been
completed;
(ii) the date of authorization of the project or
separable element, including any subsequent
modifications to the original authorization;
(iii) the original budget authority for the project
or separable element;
(iv) a brief description of the project or
separable element;
(v) the estimated date of completion of the project
or separable element;
(vi) the estimated cost of completion of the
project or separable element; and
(vii) any amounts appropriated for the project or
separable element that remain unobligated.
(c) Interim Deauthorization List.--
(1) In general.--The Secretary shall develop an interim
deauthorization list that identifies each authorized
Reclamation program or project, or separable element of a
Reclamation program or project, for which Federal or non-
Federal funds were not obligated for construction during--
(A) the applicable fiscal year; or
(B) any of the 5 preceding fiscal years.
(2) Special rule for projects receiving funds for post-
authorization study.--A Reclamation project or separable
element of a Reclamation project may not be identified on the
interim deauthorization list, or on the final deauthorization
list under subsection (d), if the Reclamation project or
separable element received funding for a post-authorization
study during--
(A) the applicable fiscal year; or
(B) any of the 5 preceding fiscal years.
(3) Public comment and consultation.--
(A) In general.--The Secretary shall solicit
comments from the public and the Governors of each
applicable State regarding the interim deauthorization
list developed under paragraph (1).
(B) Comment period.--The public comment period
under subparagraph (A) shall be 90 days.
(4) Submission to congress; publication.--Not later than 90
days after the date of submission of the list required under
subsection (b), the Secretary shall--
(A) submit the interim deauthorization list to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives; and
(B) publish the interim deauthorization list in the
Federal Register.
(d) Final Deauthorization List.--
(1) In general.--The Secretary shall develop a final
deauthorization list of each Reclamation program or project, or
separable element of a Reclamation program or project,
described in subsection (c)(1) that is identified pursuant to
this subsection.
(2) Identification of projects.--
(A) Sequencing.--
(i) In general.--The Secretary shall
identify Reclamation projects and separable
elements of Reclamation projects for inclusion
on the final deauthorization list according to
the order in which the Reclamation projects and
separable elements were authorized, beginning
with the earliest-authorized Reclamation
projects and separable elements.
(ii) Factors for consideration.--The
Secretary may identify a Reclamation program,
project, or separable element of a Reclamation
program or project for exclusion from the final
deauthorization list if the Secretary
determines, on a case-by-case basis, that the
Reclamation program, project, or separable
element is critical for interests of the United
States, based on the possible impact of the
Reclamation program, project, or separable
element on--
(I) public health and safety;
(II) the national economy; or
(III) the environment.
(iii) Consideration of public comments.--In
making a determination under clause (i) or
(ii), the Secretary shall take into
consideration any comments received under
subsection (c)(3).
(B) Appendix.--The Secretary shall include as part
of the final deauthorization list an appendix that--
(i) identifies each Reclamation program,
project, and separable element of a Reclamation
program or project on the interim
deauthorization list developed under subsection
(c) that is not included on the final
deauthorization list; and
(ii) describes the reasons why the
Reclamation program, project, or separable
element is not included.
(3) Submission to congress; publication.--Not later than
120 days after the date of expiration of the public comment
period under subsection (c)(3), the Secretary shall--
(A) submit the final deauthorization list and the
appendix under paragraph (2)(B) to the Committee on
Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives; and
(B) publish the final deauthorization list and the
appendix in the Federal Register.
(e) Deauthorization; Congressional Review.--
(1) In general.--Subject to paragraph (2), effective
beginning on the date that is 180 days after the date of
submission of the final deauthorization list under subsection
(d), a Reclamation program, project, or separable element of a
Reclamation program or project included on the list is
deauthorized, unless Congress passes a joint resolution
disapproving the final deauthorization report before that date.
(2) Non-federal contributions.--A Reclamation program,
project, or separable element included on the final
deauthorization list under subsection (d) shall not be
deauthorized under this subsection if, before the expiration of
the 180-day period referred to in paragraph (1), the non-
Federal interest of the Reclamation program, project, or
separable element provides sufficient funds to complete the
Reclamation program, project, or separable element.
(f) Treatment of Project Modifications.--For purposes of this
section, if an authorized water resources development Reclamation
program, project, or separable element of the program or project has
been modified by an Act of Congress, the date of authorization of the
Reclamation program, project, or separable element shall be deemed to
be the date of the most recent modification.
(g) Exemption.--Any Reclamation project that would yield an average
of more than 200,000 acre-feet of water per year shall be exempt from
this subsection.
SEC. 602. ACCELERATED REVENUE, REPAYMENT, AND SURFACE WATER STORAGE
ENHANCEMENT.
(a) Short Title.--This section may be cited as the ``Accelerated
Revenue, Repayment, and Surface Water Storage Enhancement Act''.
(b) Definitions.--In this section:
(1) Account.--The term ``Account'' means the Reclamation
Surface Water Storage Account established under subsection
(f)(1).
(2) Construction.--
(A) In general.--The term ``construction'' means
the designing, materials engineering and testing,
surveying, and building of surface water storage.
(B) Inclusions.--The term ``construction''
includes--
(i) any addition to existing surface water
storage; and
(ii) construction of a new surface water
storage facility.
(C) Exclusions.--The term ``construction'' excludes
any Federal statutory or regulatory obligation relating
to any permit, review, approval, or other similar
requirement.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Surface water storage.--The term ``surface water
storage'' means storage at--
(A) any federally owned facility under the
jurisdiction of the Bureau of Reclamation; or
(B) any non-Federal facility used for the surface
storage and supply of water resources.
(5) Treasury rate.--The term ``Treasury rate'' means the
20-year constant maturity treasury rate published by the United
States Treasury, as in existence on the effective date of the
applicable contract.
(6) Water users association.--
(A) In general.--The term ``water users
association'' means an entity organized and recognized
under State law that is eligible to enter into
contracts with the Commissioner--
(i) to receive contract water for delivery
to users of the water; and
(ii) to pay any applicable charges.
(B) Inclusions.--The term ``water users
association'' includes--
(i) an association;
(ii) a conservatory district;
(iii) an irrigation district;
(iv) a municipality; and
(v) a water project contract unit.
(c) Conversion and Prepayment of Contracts.--
(1) Conversion.--
(A) In general.--On receipt of a request from a
water users association, the Secretary shall convert
any water service contract in effect on the date of
enactment of this Act between the United States and the
water users association to allow for prepayment of the
repayment contract in accordance with this paragraph
under mutually agreeable terms and conditions.
(B) Manner.--The manner of conversion under this
paragraph shall be as follows:
(i) Water service contracts entered under
section 9(c)(2) of the Act of August 4, 1939
(53 Stat. 1194, chapter 418), to be converted
under this section shall be converted to a
contract under section 9(c)(1) of that Act (53
Stat. 1194, chapter 418).
(ii) Water service contracts entered into
under section 9(e) of the Act of August 4, 1939
(53 Stat. 1196, chapter 418), to be converted
under this section shall be converted to
repayment contracts under section 9(d) of that
Act (53 Stat. 1195, chapter 418).
(2) Prepayment.--
(A) Section 9(c)(1).--Except for a repayment
contract under which the applicable water users
association has previously negotiated for prepayment,
each repayment contract under section 9(c)(1) of the
Act of August 4, 1939 (53 Stat. 1194, chapter 418)
(including any contract converted pursuant to paragraph
(1)(B)(i)), in effect on the date of enactment of this
Act shall, at the request of the water users
association--
(i) provide for the repayment in lump sum
of the remaining construction costs identified
in an applicable water project-specific
municipal or industrial rate repayment schedule
(as adjusted to reflect payment not reflected
in the schedule) and properly assignable for
ultimate return by the water users association,
subject to the condition that an estimate of
the remaining construction costs, as adjusted,
shall be provided by the Secretary to the water
users association by not later than 90 days
after the date of receipt of the request of the
water users association;
(ii) require that any construction costs or
other capitalized costs that were incurred
after the effective date of the contract, were
not reflected in the rate schedule referred to
in clause (i), or were not properly assignable
to the water users association, and were
incurred as a result of a collective annual
allocation of capital costs to the water users
association electing contract conversion under
this subsection, shall be repaid--
(I) for costs equal to less than
$5,000,000, by not later than the date
that is 5 years after the date of
notification of the allocation; or
(II) for costs equal to $5,000,000
or more, in accordance with applicable
reclamation laws; and
(iii) continue in effect for the period
during which the water users association pays
applicable charges in accordance with section
9(c)(1) of the Act of August 4, 1939 (53 Stat.
1194, chapter 418), and other applicable law.
(B) Section 9(d).--Except for a repayment contract
under which the applicable water users association has
previously negotiated for prepayment, each repayment
contract under section 9(d) of the Act of August 4,
1939 (53 Stat. 1195, chapter 418) (including any
contract converted pursuant to paragraph (1)(B)(ii)),
in effect on the date of enactment of this Act shall,
at the request of the water users association--
(i) provide for repayment of the remaining
construction costs identified in an applicable
water project-specific irrigation rate
repayment schedule (as adjusted to reflect
payment not reflected in the schedule) and
properly assignable for ultimate return by the
water users association in lump sum, by
accelerated prepayment, or if made in
approximately equal installments, by not later
than 3 years after the effective date of the
repayment contract, subject to the conditions
that--
(I) the amount shall be discounted
by \1/2\ the Treasury rate; and
(II) the estimate of the remaining
construction costs, as adjusted, shall
be provided by the Secretary to the
water users association by not later
than 90 days after the date of receipt
of the request of the water users
association;
(ii) require that any construction costs or
other capitalized costs that were incurred
after the effective date of the contract, were
not reflected in the rate schedule referred to
in clause (i), or were not properly assignable
to the water users association, and were
incurred as a result of a collective annual
allocation of capital costs to the water users
association electing contract conversion under
this subsection, shall be repaid--
(I) for costs equal to less than
$5,000,000, by not later than the date
that is 5 years after the date of
notification of the allocation; or
(II) for costs equal to $5,000,000
or more, in accordance with applicable
reclamation laws;
(iii) provide that power revenues will not
be available to aid in repayment of
construction costs allocated to irrigation
under the contract; and
(iv) continue in effect for the period
during which the water users association pays
applicable charges in accordance with section
9(d) of the Act of August 4, 1939 (53 Stat.
1195, chapter 418), and other applicable law.
(3) Treatment.--A contract entered into pursuant to this
subsection--
(A) shall not be adjusted on the basis of the type
of prepayment financing used by the applicable water
users association;
(B) shall conform to any other applicable
agreement, such as a settlement agreement or a new
constructed appurtenant facility agreement; and
(C) shall not modify any other--
(i) water service, repayment, exchange, or
transfer contractual right between the water
users association, and the Bureau of
Reclamation; or
(ii) right, obligation, or relationship of
the water users association and an applicable
landowner in accordance with State law.
(d) Accounting.--
(1) Adjustment.--The amounts paid pursuant to subsection
(c) shall be subject to adjustment following a final cost
allocation by the Secretary.
(2) Deficiencies.--
(A) In general.--If the final cost allocation under
paragraph (1) indicates that the costs properly
assignable to a water users association are greater
than the costs paid by the water users association, the
water users association shall be obligated to pay to
the Secretary the remaining allocated costs under an
additional repayment contract under subparagraph (B).
(B) Additional repayment contracts.--An additional
repayment contract required by subparagraph (A) shall--
(i) have a term of--
(I) not less than 1 year; and
(II) not more than 10 years; and
(ii) include such mutually agreeable
provisions regarding the rate of repayment of
the deficient amount as may be developed by the
parties.
(3) Overpayments.--If the final cost allocation under
paragraph (1) indicates that the costs properly assignable to a
water users association are less than the costs paid by the
water users association, the Secretary shall credit the amount
of the overpayment as an offset against any outstanding or
future obligation of the water users association with the
exception of Restoration Fund charges pursuant to section
3407(d) of Public Law 102-575.
(e) Applicability of Certain Provisions.--
(1) Effect of existing law.--On compliance by a water users
association with, and discharge of the obligation of repayment
of the construction costs pursuant to, a contract entered into
under to subsection (c)(2)(B), subsections (a) and (b) of
section 213 of the Reclamation Reform Act of 1982 (43 U.S.C.
390mm) shall apply to any affected land.
(2) Effect of other obligations.--The obligation of a water
users association to repay any construction costs or other
capitalized cost described in subparagraph (A)(ii) or (B)(ii)
of subsection (c)(2), or subsection (d), shall not, on
repayment, affect--
(A) the status of the water users association as
having repaid all of the construction costs assignable
to the water users association; or
(B) the applicability of subsection (a) or (b) of
section 213 of the Reclamation Reform Act of 1982 (43
U.S.C. 390mm).
(f) Surface Water Storage Enhancement Program.--
(1) Establishment of account.--The Secretary shall
establish an account, to be known as the ``Reclamation Surface
Storage Account'', consisting of such amounts as are deposited
in the Account under paragraph (2), to fund the construction of
surface water storage.
(2) Deposits.--Not later than 3 years after the date of
enactment of this Act, an amount equal to 50 percent of
receipts generated from the prepayment of contracts under this
section in excess of amounts necessary to cover the amount of
receipts forgone from scheduled payments under applicable law
in effect on that date of enactment during the 10-year period
beginning on that date of enactment shall be deposited in the
Account.
(3) Use.--
(A) Cooperative agreements.--The Secretary may--
(i) enter into cooperative agreements with
water users associations for the construction
of surface water storage; and
(ii) use amounts in the Account to fund
construction under such a cooperative
agreement.
(B) Treatment.--A surface water storage project
that is otherwise not federally authorized shall not be
considered to be a Federal facility as a result of the
allocation of any amount from the Account for any
portion of the project.
(4) Repayment.--Any amount from the Account used for
surface water storage construction shall be fully reimbursed to
the Account in accordance with applicable requirements under
the reclamation laws, except that all funds reimbursed shall be
deposited in the Account.
(5) Availability of amounts.--The amounts deposited in the
Account under this subsection shall--
(A) be made available for the storage projects
identified in section 402, subject to appropriation;
and
(B) be in addition to amounts appropriated for
those purposes under any other provision of law.
(6) Purposes of surface water storage.--The construction of
surface water storage under this section shall be made
available for the federally owned and State-led storage
projects pursued under this Act, provided that funds are
limited to the Federal cost-share (up to 25 percent for State-
led projects and up to 50 percent for federally owned
projects).
(g) Effect of Section.--Nothing in this section--
(1) alters the repayment obligation of any water service or
repayment contractor receiving water from a water project, or
shifts any costs that would otherwise have been properly
assignable to a water users association described in subsection
(c) or another contractor, absent this section, including
operation and maintenance costs, construction costs, or other
capitalized costs incurred after the date of enactment of this
Act;
(2) alters any specific requirement for the disposition of
amounts received as repayments by the Secretary under the
reclamation laws; or
(3) except as expressly provided in this section, alters
any obligations under the reclamation law, including the
continuation of Restoration Fund charges pursuant to section
3407(d) (Public Law 102-575), of the water service and
repayment contractors making prepayments pursuant to this
section.
TITLE VII--DURATION AND EFFECT ON EXISTING OBLIGATIONS
SEC. 701. SAVINGS CLAUSE.
(a) In General.--This Act shall not be interpreted or implemented
in a manner that--
(1) preempts or modifies any obligation of the United
States to act in conformance with applicable State law,
including applicable State water law;
(2) affects or modifies any obligation under the Central
Valley Project Improvement Act (Public Law 102-575; 106 Stat.
4706), except for the procedural provisions relating to public
input and savings provisions for the Stanislaus River predator
management program expressly established by sections 203 and
502; or
(3) overrides, modifies, or amends the applicability of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the
application of the smelt and salmonid biological opinions to
the operation of the Central Valley Project or the State Water
Project.
(b) Severability.--If any provision of this Act, or any application
of such provision to any person or circumstance, is held to be
inconsistent with any law or the biological opinions, the remainder of
this Act and the application of this Act to any other person or
circumstance shall not be affected.
SEC. 702. TERMINATION.
All of title III (relating to California emergency drought relief
and operational flexibility), except for subsections (a) through (d) of
section 301, and title IV (relating to water rights) shall expire on
the date that is the later of--
(1) the date on which the Governor of the State of
California declares an end to the State drought emergency; or
(2) September 30, 2017.
<all>