[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8079 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8079
To provide for water conservation, drought operations, and drought
resilience at water resources development projects, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2024
Mr. Stanton (for himself, Mr. Ciscomani, Ms. Titus, Ms. Lee of Nevada,
and Mr. Gallego) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To provide for water conservation, drought operations, and drought
resilience at water resources development projects, 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 ``Drought Resilient Infrastructure Act
of 2024''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
SEC. 3. WATER CONSERVATION MEASURES.
(a) In General.--The Secretary is authorized to carry out water
conservation measures as part of water resources development projects
for which water supply is an authorized project purpose.
(b) Inclusions.--Water conservation measures authorized under
subsection (a) may include--
(1) operational measures to enhance stormwater retention or
aquifer recharge, including the use of nonstructural, natural
features or nature-based features;
(2) releases to augment water supply at another facility;
(3) modifications to existing Corps of Engineers facilities
(including the addition of new project features and the use of
nonstructural, natural features or nature-based features) to
enhance stormwater retention, water storage, or aquifer
recharge; and
(4) other actions designed to conserve limited water
resources.
(c) Requirement.--The Secretary shall ensure that water
conservation measures authorized under subsection (a) are carried out
consistent with other authorized project purposes.
(d) Contributed Funds.--Notwithstanding any other provision of law,
the Secretary may receive and expend funds contributed by a non-Federal
interest or a Federal agency to carry out measures authorized under
subsection (a).
(e) Effect.--
(1) In general.--Nothing in this section--
(A) affects any other authority of the Secretary to
use amounts derived from revenues from a Bureau of
Reclamation project; or
(B) creates, impairs, alters, or supersedes a State
water right.
(2) Applicable law.--In carrying out this section, the
Secretary shall comply with all applicable--
(A) State water laws;
(B) Federal laws and policies; and
(C) interstate water compacts.
SEC. 4. EMERGENCY DROUGHT OPERATIONS.
(a) Definition of Covered Project.--In this section, the term
``covered project'' means any of the following:
(1) A project of the Corps of Engineers.
(2) A project for which the Secretary develops a water
control manual under section 7 of the Act of December 22, 1944
(commonly known as the ``Flood Control Act of 1944'') (58 Stat.
890, chapter 665; 33 U.S.C. 709).
(b) Emergency Operation During Drought.--
(1) In general.--Consistent with other authorized project
purposes, with respect to the operation of a covered project
during a drought or long-term drought conditions in the project
area, the covered project shall be operated with water supply
and water conservation as the primary project purposes.
(2) Coordination.--The operation of a covered project in
accordance with paragraph (1) shall be carried out in
coordination with the non-Federal interest to the extent
practicable.
(c) Updates.--In carrying out this section, the Secretary, in
consultation with a non-Federal interest to the extent practicable,
shall update the water control manual for a covered project to include
drought operations and contingency plans.
(d) Requirements.--In carrying out subsection (b), the Secretary
shall ensure that--
(1) operations described in that subsection--
(A) are consistent with water management deviations
and drought contingency plans in the water control
manual for the covered project;
(B) impact only the flood pool managed by the
Secretary; and
(C) are not being carried out in the event of a
forecast or anticipated flood or weather event that
would require the flood risk management mission to take
precedence;
(2) to the extent practicable, the Secretary uses forecast-
informed reservoir operations; and
(3) the covered project returns to operation with original
authorized project purposes, at a time determined by the
Secretary.
(e) Contributed Funds.--Notwithstanding any other provision of law,
the Secretary may receive and expend funds contributed by a non-Federal
interest or a Federal agency to carry out activities under this
section.
(f) Coordination.--The Secretary, to the maximum extent
practicable, shall coordinate with State and local authorities in
carrying out this section.
(g) Savings Provisions.--Nothing in this section preempts or
affects--
(1) water rights and water supply agreements;
(2) any State water law;
(3) any interstate compact governing water; or
(4) any obligation to comply with the provisions of any
Federal or State environmental law, including--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
(C) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(h) Authorization of Appropriations.--Section 5(a) of the Act of
August 18, 1941 (commonly known as the ``Flood Control Act of 1941'')
(55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), is amended by adding at
the end the following:
``(6) Authorization of appropriations for emergency drought
operations.--Of the amounts made available for each fiscal year
to carry out this subsection, not less than $5,000,000 for each
of fiscal years 2024 through 2034 shall be used to carry out
section 4 of the Drought Resilient Infrastructure Act of
2024.''.
SEC. 5. DROUGHT RESILIENCE.
(a) In General.--The Secretary may carry out a drought resilience
project if the Secretary determines that the project--
(1) will provide for drought resilience, including--
(A) water conservation measures to mitigate and
address drought conditions;
(B) the management of sediment for increased water
in the system;
(C) the mitigation and monitoring associated with
aquatic or riparian non-native species that exacerbate
drought conditions, such as salt cedar;
(D) the planting of native plant species that will
reduce the risk of recurrence and threat associated
with non-native plant species; or
(E) other actions that increase drought resilience,
including the use of nonstructural, natural features or
nature-based features;
(2) is in the public interest; and
(3) is cost effective.
(b) Cost Sharing.--
(1) In general.--The non-Federal interest shall provide 35
percent of the cost of construction of a project under this
section.
(2) Items provided by non-federal interests.--
(A) In general.--The non-Federal interest for a
project under this section shall provide all land,
easements, rights-of-way, and relocations necessary for
the project.
(B) Credit.--The value of the land, easements,
rights of-way, and relocations referred to in
subparagraph (A) shall be credited toward the non-
Federal share of the cost of the project under
paragraph (1).
(c) Agreements.--Construction of a project under this section shall
be initiated only after the Secretary and the non-Federal interest
enter into an agreement under which the non-Federal interest agrees to
pay--
(1) the non-Federal share of the cost of construction
required under this section; and
(2) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to the
project, in accordance with regulations prescribed by the
Secretary.
(d) Cost Limitation.--Not more than $10,000,000 in Federal funds
may be allotted under this section for a project at any single
locality.
(e) Technical Assistance.--As part of carrying out a project under
this section, the Secretary may provide technical assistance to non-
Federal interests necessary to support comprehensive, system-wide
approaches and operations, maintenance, and replacement and
rehabilitation that take into account changing conditions from extreme
and prolonged weather events.
(f) Funding.--There is authorized to be appropriated to carry out
this section $35,000,000 for each fiscal year.
(g) Savings Provisions.--Nothing in this section preempts or
affects--
(1) water rights and water supply agreements;
(2) any State water law; or
(3) any interstate compact governing water.
(h) Conforming Amendments.--
(1) Section 1030(a)(1) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 400(1)) is amended by adding
at the end the following:
``(L) Section 5 of the Drought Resilient
Infrastructure Act of 2024.''.
(2) Section 7001(c)(1)(D)(iii) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C.
2282d(c)(1)(D)(iii)) is amended--
(A) in subclause (VIII), by striking ``and'' at the
end;
(B) in subclause (IX), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(X) section 5 of the Drought
Resilient Infrastructure Act of
2024.''.
SEC. 6. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED WATER SUPPLY.
Section 1118(i)(2) of the Water Resources Development Act of 2016
(43 U.S.C. 390b-2(i)(2)) is amended--
(1) by inserting ``or a Federal agency'' after ``non-
Federal interest''; and
(2) by inserting ``and to carry out any infrastructure
modifications required to implement the revised operational
documents'' after ``documents''.
SEC. 7. WATER SUPPLY PURPOSE, COLORADO RIVER BASIN STATES.
(a) Definition of Colorado River Basin State.--In this section, the
term ``Colorado River Basin State'' means any of the following States:
(1) Arizona.
(2) California.
(3) Colorado.
(4) Nevada.
(5) New Mexico.
(6) Utah.
(7) Wyoming.
(b) Modifications.--Each project of the Corps of Engineers in a
Colorado River Basin State shall be modified to include water supply as
a project purpose if a request for such a modification is made to the
Secretary by--
(1) the non-Federal sponsor of the project; or
(2) in the case of a project for which there is no non-
Federal sponsor, the Governor of the applicable Colorado River
Basin State.
(c) Coordination.--The Secretary, to the maximum extent
practicable, shall coordinate with State and local authorities in
carrying out this section.
SEC. 8. FORECAST-INFORMED RESERVOIR OPERATIONS PILOT PROGRAM.
Section 1222 of the America's Water Infrastructure Act of 2018 (132
Stat. 3811; 134 Stat. 2661) is amended by adding at the end the
following:
``(d) Forecast-Informed Reservoir Operations Pilot Program.--The
Secretary shall carry out a pilot program for the use of forecast-
informed reservoir operations in the South Pacific Division of the
Corps of Engineers--
``(1) with the goal of providing for drought resilience;
and
``(2) for further development and application of the
forecast-informed reservoir operations screening process
developed by the Corps of Engineers to assess the viability and
prioritization of water supply and water conservation as a
project purpose at projects located in a Colorado River Basin
State (as defined in section 7(a) of the Drought Resilient
Infrastructure Act of 2024).''.
SEC. 9. INVASIVE SPECIES THAT EXACERBATE DROUGHT.
(a) Aquatic Ecosystem Restoration.--Section 206(a) of the Water
Resources Development Act of 1996 (33 U.S.C. 2330(a)) is amended--
(1) in paragraph (1)(A)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking ``and'' at the end
and inserting ``or''; and
(C) by adding at the end the following:
``(iii) will provide for drought resilience; and'';
and
(2) by adding at the end the following:
``(4) Removal and mitigation of invasive species.--A
project under this section may include measures to remove and
mitigate invasive aquatic or riparian species that exacerbate
drought conditions and risk of fire, including the replacement
of invasive species with non-invasive native species that
reduce the risk of regrowth of invasive species.''.
(b) Project Modifications for Improvement of Environment.--Section
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a)
is amended--
(1) in subsection (c), by adding at the end the following:
``(3) Control of aquatic or riparian invasive species that
exacerbate drought conditions and the risk of fire.--The
Secretary may use the authority under this section for the
mitigation of salt cedar and replacement with native species
plantings.''; and
(2) in subsection (e)--
(A) by striking ``(e) The Secretary'' and inserting
the following:
``(e) Coordination and Assistance.--
``(1) Coordination.--The Secretary''; and
(B) by adding at the end the following:
``(2) Technical assistance.--The Secretary may provide
technical assistance to a non-Federal interest managing land
adjacent to the water resources project being modified under
this section if the Secretary determines the assistance to be
necessary in order to extend the benefit or enable success of
the modification.''.
SEC. 10. SILVER JACKETS PROGRAM.
Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is
amended by adding at the end the following:
``(f) Silver Jackets Program.--There is authorized to be
appropriated $25,000,000 for each fiscal year to carry out the Silver
Jackets program of the Secretary established pursuant to this section
and section 204 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5134).''.
SEC. 11. TRIBAL PARTNERSHIP PROGRAM.
(a) Removal of Restriction.--Section 203 of the Water Resources
Development Act of 2000 (33 U.S.C. 2269) is amended by striking
subsection (e).
(b) Cost-Share.--Section 203(d) of the Water Resources Development
Act of 2000 (33 U.S.C. 2269(d)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``50 percent''
and inserting ``10 percent''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Other costs.--The costs of design and
construction of a project described in subparagraph (A)
shall be assigned to the appropriate project purposes
and shared as described in sections 101 and 103 of the
Water Resources Development Act of 1986 (33 U.S.C.
2211, 2213) except that--
``(i) the non-Federal share shall be 10
percent;
``(ii) in the case of a navigation
project--
``(I) section 101(a)(2) of that Act
(33 U.S.C. 2211(a)(2)) shall not apply;
and
``(II) the value of land,
easements, rights-of-way, and
relocations under subsection (a)(3) of
section 101 of that Act (33 U.S.C.
2211) and the costs of relocations
under subsection (a)(4) of that section
shall be included in the total project
costs and credited toward the non-
Federal share under clause (i); and
``(iii) in the case of a flood risk
management project, section 103(a)(1)(A) of
that Act (33 U.S.C. 2213(a)(1)(A)) shall not
apply.''; and
(2) in paragraph (5)(A), by striking ``25 percent'' and
inserting ``10 percent''.
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