[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5483 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 5483

 To promote water supply reliability and improved water management for 
  rural communities, the State of California, and the Nation, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2023

 Mr. Harder of California (for himself, Mr. Garamendi, Mr. Costa, Mr. 
  Panetta, and Mr. Swalwell) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To promote water supply reliability and improved water management for 
  rural communities, the State of California, and the Nation, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Access for the central 
Valley and Enhancing (SAVE) Water Resources Act''.

SEC. 2. WATER INFRASTRUCTURE FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Water Infrastructure and 
Drought Solutions Fund'' (referred to in this section as the ``Fund''), 
consisting of--
            (1) such amounts as are deposited in the Fund under 
        subsection (b); and
            (2) any interest earned on investment of amounts in the 
        Fund under subsection (c)(1)(B).
    (b) Deposits to Fund.--
            (1) In general.--For each of fiscal years 2032 through 
        2062, the Secretary of the Treasury shall deposit in the Fund 
        $750,000,000 of the revenues that would otherwise be deposited 
        for the fiscal year in the reclamation fund established by the 
        first section of the Act of June 17, 1902 (32 Stat. 388, 
        chapter 1093), of which--
                    (A) $250,000,000 shall be expended by the Secretary 
                of the Interior for new surface or ground water storage 
                projects provided that--
                            (i) expenditures are made for 
                        nonreimbursable public benefits under Federal 
                        reclamation law (the Act of June 17, 1902 (32 
                        Stat. 388, chapter 1093), and Acts supplemental 
                        to and amendatory of that Act); and
                            (ii) Federal expenditures account for no 
                        more than 50 percent of total costs for any 
                        project;
                    (B) $250,000,000 shall be expended by the Secretary 
                of the Interior for water reclamation and reuse 
                projects authorized under title XVI of Public Law 102-
                575 and section 4009 of Public Law 114-322; and
                    (C) $250,000,000 shall be expended by the Secretary 
                of the Interior for WaterSMART grants authorized under 
                the Omnibus Public Lands Management Act of 2009 (42 
                U.S.C. 10364).
            (2) Availability of amounts.--Amounts deposited in the Fund 
        under this section shall--
                    (A) be made available in accordance with this 
                section, without further appropriation; and
                    (B) be in addition to amounts appropriated for such 
                purposes under any other provision of law.
    (c) Expenditures From Fund.--
            (1) In general.--Subject to subsection (b), for each of 
        fiscal years 2032 through 2062, the respective Secretary may 
        expend from the Fund, in accordance with this section, not more 
        than an amount equal to the sum of--
                    (A) the amounts deposited in the Fund that year 
                under subsection (b); and
                    (B) the amount of interest accrued in the Fund for 
                the fiscal year in which the expenditures are made.
            (2) Additional expenditures.--
                    (A) In general.--The Secretary may expend more in 
                any fiscal year than the amounts described in 
                subsection (a) if the additional amounts are available 
                in the Fund as a result of a failure of the Secretary 
                to expend all of the amounts available under subsection 
                (a) in 1 or more prior fiscal years.
                    (B) Retention in accounts.--Any additional amounts 
                referred to in paragraph (1) shall--
                            (i) accrue interest in accordance with this 
                        section; and
                            (ii) only be expended for the purposes for 
                        which expenditures from the Fund are 
                        authorized.

SEC. 3. GROUND WATER RECHARGE PLANNING.

    (a) Findings and Purpose.--
            (1) Findings.--The Congress finds that--
                    (A) there is a lack of information regarding local 
                ground water storage and recharge opportunities in the 
                Western United States;
                    (B) additional information regarding local ground 
                water storage and recharge opportunities can help 
                inform future Federal and State funding activities and 
                assist State government initiatives such as 
                implementation of part 2.74 of the California Water 
                Code (commonly known as the ``Sustainable Groundwater 
                Management Act''); and
                    (C) challenges associated with drought and extreme 
                aridity from changing weather patterns will require 
                additional investment in ground water storage and 
                recharge.
            (2) Purpose.--The purpose of this section is to help inform 
        future Federal, State, local, and other investment in ground 
        water recharge projects.
    (b) Definitions.--In this section:
            (1) Critically overdrafted basins.--The term ``critically 
        overdrafted basins'' means those basins identified by the 
        California Department of Water Resources pursuant to part 2.74 
        of the California Water Code (commonly known as the 
        ``California's Sustainable Groundwater Management Act'').
            (2) Reclamation state.--The term ``Reclamation State'' 
        means any Reclamation State (as defined in section 4014 of the 
        Water Infrastructure Improvements for the Nation Act (Public 
        Law 114-322; 43 U.S.C. 390b note)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
    (c) Evaluation and Report.--
            (1) In general.--Not later than 4 years after the date of 
        the enactment of this Act, the Secretary shall complete an 
        evaluation and report to Congress that identifies potential 
        ground water storage and recharge opportunities in each 
        Reclamation State including recharge opportunities in 
        critically overdrafted basins.
            (2) Report.--The report to Congress shall include--
                    (A) an assessment of potentially beneficial storage 
                and recharge locations based on the Secretary's 
                assessment of--
                            (i) hydrologic attributes;
                            (ii) geologic attributes;
                            (iii) engineering attributes;
                            (iv) water supply benefits;
                            (v) environmental benefits;
                            (vi) infrastructure benefits related to 
                        mitigation of subsidence-related infrastructure 
                        damage; and
                            (vii) sustainability benefits for 
                        critically overdrafted basins; and
                    (B) an assessment of potential conveyance 
                infrastructure needs to move excess runoff to the 
                recharge locations identified by the Secretary under 
                this section.
            (3) Coordination.--To the maximum extent practicable, the 
        Secretary shall coordinate research activities with Reclamation 
        State agencies, ground water sustainability agencies, 
        universities, and nonprofit organizations in a manner designed 
        to assist with implementation of State-led initiatives such as 
        part 2.74 of the California Water Code (commonly known as the 
        ``Sustainable Groundwater Management Act'').

SEC. 4. RECLAMATION INFRASTRUCTURE FINANCE AND INNOVATION PILOT 
              PROGRAM.

    (a) Short Title.--This section may be cited as the ``Reclamation 
Infrastructure Finance and Innovation Act''.
    (b) Establishment.--The Secretary of the Interior (referred to in 
this section as the ``Secretary'') shall establish and carry out a 
pilot program under which the Secretary shall provide to eligible 
entities described in section 5025 of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 3904) financial assistance to carry 
out eligible projects described in subsection (c) of this section.
    (c) Eligible Projects.--
            (1) In general.--A project eligible to receive assistance 
        under this section is a water supply project that, as 
        determined by the Secretary--
                    (A) is located in--
                            (i) the State of Alaska;
                            (ii) the State of Hawaii; or
                            (iii) a Reclamation State (as defined in 
                        section 4014 of the Water Infrastructure 
                        Improvements for the Nation Act (Public Law 
                        114-322; 43 U.S.C. 390b note));
                    (B) would contribute directly or indirectly 
                (including through ground water recharge) to a safe, 
                adequate water supply for domestic, agricultural, 
                environmental, municipal, or industrial use; and
                    (C) is otherwise eligible for assistance under this 
                section.
            (2) Small community projects.--For projects eligible for 
        assistance under this section and section 5028(a)(2)(B) of the 
        Water Resources Reform and Development Act of 2014 (33 U.S.C. 
        3907(a)(2)(B)), the Secretary may assist applicants in 
        combining 1 or more projects into a single application in order 
        to meet the minimum project cost of $5,000,000 required under 
        such section 5028(a)(2)(B).
    (d) Eligible Entities.--The following entities are eligible to 
receive assistance under this section:
            (1) An entity described in section 5025 of the Water 
        Resources Reform and Development Act of 2014 (33 U.S.C. 3904).
            (2) A conservancy district, reclamation district, or 
        irrigation district.
            (3) A canal company or mutual water company.
            (4) A water users' association.
            (5) An agency established by an interstate compact.
            (6) Any other individual or entity that has the capacity to 
        contract with the United States under the reclamation laws.
    (e) Requirements.--
            (1) Project selection.--In selecting eligible projects to 
        receive assistance under this section, the Secretary shall 
        ensure diversity with respect to--
                    (A) project type; and
                    (B) geographical location, both within and among 
                the States referred to in subsection (c)(1).
            (2) Importation of other requirements.--The following shall 
        apply to the pilot program under this section:
                    (A) Sections 5022, 5024, 5027, 5028, 5029, 5030, 
                5031, 5032, and 5034(a) of the Water Resources Reform 
                and Development Act of 2014 (33 U.S.C. 3901, 3903, 
                3906, 3907, 3908, 3909, 3910, 3911, and 3913(a)), 
                except that--
                            (i) any reference contained in those 
                        sections to the Secretary of the Army shall be 
                        considered to be a reference to the Secretary 
                        of the Interior;
                            (ii) any reference contained in those 
                        sections to an eligible project shall be 
                        considered to be a reference to an eligible 
                        project described in subsection (c) of this 
                        section;
                            (iii) subsections (a)(1)(E), (a)(6)(B), and 
                        (b)(3) of section 5028 of that Act (33 U.S.C. 
                        3907) shall not apply with respect to this 
                        section; and
                            (iv) subsections (e) and (f) of section 
                        5030 of that Act (33 U.S.C. 3909) shall not 
                        apply with respect to this section.
                    (B) The agreement between the Administrator of the 
                Environmental Protection Agency and the Commissioner of 
                Reclamation required under section 4301 of the 
                America's Water Infrastructure Act of 2018 (Public Law 
                115-270).
                    (C) Other applicable environmental laws, including 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out the pilot program under this section 
        $150,000,000 for fiscal years 2024 through 2028, to remain 
        available until expended.
            (2) Administrative costs.--Of the funds made available 
        under paragraph (1), the Secretary may use for administrative 
        costs of carrying out the pilot program under this section 
        (including for the provision of technical assistance to project 
        sponsors pursuant to paragraph (3) and in obtaining necessary 
        approvals and transfer to the Administrator of the 
        Environmental Protection Agency to provide assistance in 
        administering and servicing Federal credit instruments under 
        the pilot program) not more than $5,000,000 for each applicable 
        fiscal year.
            (3) Small community projects.--
                    (A) In general.--Subject to subparagraph (B), the 
                Commissioner may use the funds made available under 
                paragraph (2) to provide assistance, including 
                assistance to pay the costs of acquiring the rating 
                opinion letters under section 5028(a)(1)(D) of the 
                Water Resources Reform and Development Act of 2014 (33 
                U.S.C. 3907(a)(1)(D)), to assist project sponsors in 
                obtaining the necessary approval for small community 
                projects that are eligible for assistance under section 
                5028(a)(2)(B) of that Act.
                    (B) Limitation.--Assistance provided to a project 
                sponsor under subparagraph (A) may not exceed an amount 
                equal to 75 percent of the total administrative costs 
                incurred by the project sponsor in securing financial 
                assistance under this section.
    (g) Limitation.--No project that receives financial assistance 
under this section may be financed (directly or indirectly), in whole 
or in part, with proceeds of any obligation the interest on which is 
exempt from the tax imposed under chapter 1 of the Internal Revenue 
Code of 1986.
    (h) Eligibility for Assistance.--
            (1) Eligible projects.--The following projects may be 
        carried out using assistance made available under this section:
                    (A) A project for the reclamation and reuse of 
                municipal, industrial, domestic, and agricultural 
                wastewater, and naturally impaired ground water, which 
                the Secretary, acting through the Commissioner of 
                Reclamation, is authorized to undertake.
                    (B) Any water infrastructure project not 
                specifically authorized by law that--
                            (i) the Secretary determines, through the 
                        completion of an appraisal investigation and 
                        feasibility study, would contribute to a safe, 
                        adequate water supply for domestic, 
                        agricultural, environmental, or municipal and 
                        industrial use; and
                            (ii) is otherwise eligible for assistance 
                        under this section.
                    (C) A new water infrastructure facility project, 
                including--
                            (i) a water conduit, pipeline, or canal; 
                        and
                            (ii) pumping, power, and associated 
                        facilities.
                    (D) A project for enhanced energy efficiency in the 
                operation of a water system.
                    (E) A project for accelerated repair and 
                replacement of all, or a portion, of an aging water 
                distribution facility.
                    (F) A brackish or sea water desalination project.
                    (G) Acquisition of real property or an interest in 
                real property for water storage, reclaimed or recycled 
                water, or wastewater, if the acquisition is integral to 
                a project described in subparagraphs (A) through (F).
                    (H) A project to deliver water to wildlife refuges.
                    (I) A combination of projects, each of which is 
                eligible under subparagraphs (A) through (H), for which 
                an eligible entity submits a single application.
            (2) Activities eligible for assistance.--For the purposes 
        of this section, an eligible activity with respect to an 
        eligible project under paragraph (1) includes the cost of--
                    (A) development-phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, permitting, transaction costs, 
                preliminary engineering and design work, and other 
                preconstruction activities;
                    (B) construction, reconstruction, rehabilitation, 
                and replacement activities;
                    (C) 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;
                    (D) capitalized interest necessary to meet market 
                requirements, reasonably required reserve funds, 
                capital issuance expenses, and other carrying costs 
                during construction;
                    (E) refinancing interim construction funding, long-
                term project obligati