[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1242 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1242
To authorize the Secretary of the Interior to carry out watershed
pilots, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 1 (legislative day, March 31), 2025
Mr. Wyden introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to carry out watershed
pilots, 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 ``Watershed Results Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advance watershed analytics.--The term ``advance
watershed analytics'' means the technical analysis that--
(A) is conducted before providing funding for a
watershed outcomes project;
(B) identifies and quantifies the outcomes and
costs of all potential qualifying activities across the
watershed outcomes project; and
(C) assesses how different groups of qualifying
activities in the watershed outcomes project could
efficiently maximize outcomes for the least cost.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(3) Eligible entity.--The term ``eligible entity''
includes--
(A) a State, Indian Tribe, Tribal organization,
irrigation district, or water district;
(B) a State, regional, or local authority, the
members of which include 1 or more organizations with
water or power delivery authority;
(C) any other organization with water or power
delivery authority; and
(D) any nongovernmental entity.
(4) Pay-for-performance contract.--The term ``pay-for-
performance contract'' means a contract to purchase verified
outcomes produced by implemented qualifying activities in a
watershed outcomes project at a negotiated price.
(5) Qualifying activity.--The term ``qualifying activity''
means a conservation project carried out in a watershed
identified through advance watershed analytics as having a high
likelihood of cost-effectively achieving 1 or more outcomes if
implement consistent with applicable performance standards made
available under section 3(e)(4).
(6) Reclamation state.--The term ``Reclamation State''
means--
(A) a State or territory described in the first
section of the Act of June 17, 1902 (32 Stat. 388,
chapter 1093; 43 U.S.C. 391);
(B) the State of Hawaii;
(C) the State of Alaska; and
(D) the Commonwealth of Puerto Rico.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Watershed outcomes project.--The term ``watershed
outcomes project'' means the overall watershed project managed
by the watershed partner.
(9) Watershed partner.--The term ``watershed partner''
means an eligible entity selected by the Secretary under
section 3(a)(2) to carry out a watershed outcomes project.
SEC. 3. WATERSHED OUTCOMES PROJECTS.
(a) Proposals; Selection.--The Secretary shall--
(1) not later than 1 year after the date of enactment of
this Act, solicit the submission from eligible entities of
proposals to develop and implement a strategy that develops and
uses advance watershed analytics to cost-effectively carry out
watershed outcomes projects to achieve meaningful watershed-
scale outcomes in a Reclamation State; and
(2) from among the proposals submitted under paragraph (1),
select a watershed partner for each watershed to complete
advance watershed analytics, carry out watershed outcomes
projects in a Reclamation State, manage watershed partnership
duties during the term of the partnership agreement, and
support pay-for-performance contracts.
(b) Guidelines and Criteria for Proposals.--The Secretary--
(1) shall develop criteria and guidelines for the
submission and selection of proposals under subsection (a); and
(2) for purposes of developing the criteria and guidelines
under paragraph (1), may consider--
(A) the scope of the proposed watershed outcomes
project, including the selected subregion or basin-
level watershed for consideration;
(B) the purpose and goals of the proposed watershed
outcomes project;
(C) any stakeholder outreach conducted with respect
to the proposed watershed outcomes project;
(D) evidence of widespread support within the local
community for, the proposed watershed outcomes project;
(E) the capability of the watershed partner to
perform the required duties in accordance with
subsection (d);
(F) how the watershed partner will procure and use
advance watershed analytics to identify and quantify
the outcomes and costs of all potential qualifying
activities for the proposed watershed outcomes project;
(G) estimated costs of completing advance watershed
analytics and operating the proposed watershed outcomes
project;
(H) the anticipated qualifying activity types that
are relevant for the selected watershed identified
under subparagraph (A); and
(I) plans for monitoring, evaluating, and reporting
on progress made toward achieving the outcomes of the
proposed watershed outcomes project.
(c) Partnership Agreements.--
(1) In general.--The Secretary may enter into a partnership
agreement with a watershed partner selected under subsection
(a)(2) to design and implement a watershed outcomes project
that uses advance watershed analytics to achieve meaningful
watershed-scale outcomes in accordance with this section.
(2) Term.--
(A) In general.--A partnership agreement entered
into under paragraph (1) shall be for a term--
(i) of not more 5 years; or
(ii) if the Secretary determines that a
longer term is necessary to meet the objectives
of the watershed outcomes project, a longer
term established by the Secretary.
(B) Renewal.--A partnership agreement entered into
under paragraph (1) may be renewed for a term of not
more than 5 years.
(C) Extension.--A partnership agreement entered
into under paragraph (1) or renewed under subparagraph
(B) may be extended 1 time for a term of not more than
2 years, as determined by the Secretary.
(3) Technical and financial assistance.--Through a
partnership agreement entered into under paragraph (1), the
Secretary shall provide to a watershed partner--
(A) technical or financial assistance to design and
implement a watershed outcomes project; and
(B) grants, cooperative agreements, or other
financial assistance to support--
(i) the activities under subparagraph (A);
and
(ii) performance payments to qualifying
activities under subsection (g)(4).
(4) Project development costs.--The Secretary may annually
award to a watershed partner an amount equal to not more than
50 percent of estimated costs of the watershed outcomes project
to carry out the duties described in subsection (d).
(d) Duties of Watershed Partners.--Under a partnership agreement
entered into under subsection (c)(1), the Secretary shall establish
duties to be carried out by the watershed partner, including
considering establishing the following duties:
(1) Preparing a funding and implementation strategy that
uses advance watershed analytics to cost-effectively carry out
a watershed outcomes project by selecting a sufficient number
of qualifying activities to achieve meaningful watershed-scale
outcomes by--
(A) completing advance watershed analytics to
identify and quantify the outcomes and costs of all
potential qualifying activities for the watershed
outcomes project;
(B) establishing baseline metrics to support the
development of setting outcome prices and performance
standards for the watershed outcomes project;
(C) developing performance standards for the
watershed outcomes project;
(D) leveraging financial assistance provided by the
Secretary to secure additional funds for the watershed
outcomes project;
(E) designing, recruiting, and verifying qualifying
activities for the watershed outcomes project; and
(F) providing outcome and financial accounting
services relating to qualifying activities carried out
to achieve outcomes.
(2) Using the strategy prepared under paragraph (1) to
prioritize qualifying activity outreach efforts.
(3) Working with local stakeholders to recruit and design
an implementation-ready queue of priority qualifying
activities.
(4) Ensuring that any proposed priority qualifying
activities have the support of affected local stakeholders.
(5) Setting activity outcome prices and developing
performance standards for qualifying activities.
(6) Developing a plan to carry out qualifying activities
having a high likelihood of cost-effectively achieving 1 or
more outcomes described in subsection (f) if implemented
consistent with the applicable performance standards made
available by the Secretary under subsection (e)(4).
(7) Selecting, developing pay-for-performance contracts
for, funding, and carrying out qualifying activities, in
accordance with the plan developed under paragraph (6), to
achieve meaningful watershed-scale outcomes.
(8)(A) Quantifying the outcomes for qualifying activities.
(B) Verifying that qualifying activities have been
implemented consistent with applicable performance standards.
(C) Providing applicable documentation to the Secretary
with respect to the information quantified and verified under
subparagraphs (A) and (B).
(9) Monitoring qualifying activities at appropriate levels
to confirm ongoing performance.
(10) Other duties necessary to carry out a watershed
outcomes project, as determined to be necessary by the
Secretary.
(e) Duties of Secretary.--Under a partnership agreement entered
into under subsection (c), the Secretary shall--
(1) ensure that there is widespread support within the
local community for the watershed outcomes project;
(2) verify the advance watershed analytics completed by the
watershed partner, to the maximum extent practicable;
(3) ensure that there are made available to the public
outcome price tables, by qualifying activity type, for use as
the basis for negotiating pay-for-performance contracts for the
applicable watershed outcomes project;
(4) ensure that there are made available to the public
qualifying activity and watershed outcomes project performance
standards that are to be used as the basis for--
(A) identifying, quantifying, and verifying
qualifying activity outcomes; and
(B) executing pay-for-performance contracts;
(5) review outcome quantification and verification
documentation provided by the watershed partner under
subsection (d)(8)(C);
(6) provide to a watershed partner financial assistance to
purchase verified outcomes from qualifying activities in a
watershed outcomes project, at prices set for the watershed
outcomes project in accordance with this section; and
(7) coordinate with other Federal agencies, to the maximum
extent practicable, to help leverage and concentrate funding
into watershed outcomes projects.
(f) Required Outcomes for Qualifying Activities.--To be eligible
for a performance payment under subsection (g)(4), a qualified activity
shall produce 1 or more measurable, clearly defined outcomes that
result in a quantifiable and verifiable--
(1) increase in surface water or groundwater;
(2) increase in aquatic habitat quality, quantity,
connectivity, or access in a watershed;
(3) surface water or groundwater quality improvement,
including water temperature reductions, or a reduction in
salinity or nutrient or sediment runoff associated with
irrigated agriculture; or
(4) other quantifiable benefits, as determined by the
Secretary, likely to improve watershed health in the watershed
outcomes project.
(g) Financial Assistance for Qualifying Activities in Watershed
Outcomes Projects.--
(1) Leveraging federal funding.--To achieve meaningful
watershed-scale outcomes, amounts made available under section
5 may be used to satisfy any cost-sharing requirement with
respect to carrying out a watershed outcomes project.
(2) Federal share.--The Federal share of grants or other
financial assistance for a watershed outcomes project under
this Act shall be not more than 75 percent of the total cost of
the watershed outcomes project.
(3) Watershed partner contributions.--The Secretary may--
(A) accept non-Federal contributions for a
watershed outcomes project, including funding or
financing secured by the watershed partner in
accordance with the strategy developed under subsection
(d)(1); and
(B) use amounts accepted under subparagraph (A) to
carry out activities authorized under this Act in the
watershed outcomes project.
(4) Performance payments.--Not later than 90 days after the
date on which a watershed partner verifies the outcomes
generated from qualifying activities and confirms that the
qualifying activity has been implemented consistent with the
performance standards of the applicable watershed outcomes
project, the Secretary shall provide financial assistance to
the watershed partner to support performance payments.
(h) Maximum Number of Watershed Outcomes Projects.--Not more than a
total of 5 watershed outcomes projects may be carried out under this
section.
(i) Restrictions on Use of Advance Watershed Analytics Data.--
(1) In general.--Nothing in this Act affects or modifies
existing law with respect to the treatment of personal data in
the conduct by an employee of the Federal Government or a
designee of an employee of the Federal Government in carrying
out official duties of the Federal employee or designee under
this Act.
(2) Data collection.--All information or data collected or
assembled by a Federal employee or a designee of a Federal
employee to complete advance watershed analytics activities,
directly or indirectly, under this Act--
(A) shall be used for the sole purpose of
identifying, prioritizing, and funding qualifying
activities in a watershed outcomes project; and
(B) shall be considered to be confidential
commercial information that is exempt from disclosure
under section 552(b)(4) of title 5, United States Code
(commonly known as the ``Freedom of Information Act'').
(3) Applicability to watershed partners.--Any restrictions
on a Federal employee under this section shall apply to an
employee of a watershed partner.
(j) Effect.--Nothing in this Act creates, impairs, alters, or
supersedes a Federal or State water right.
SEC. 4. BRIEFING; REPORTS.
(a) Annual Briefing or Report.--For each fiscal year for which a
watershed outcomes project is carried out under section 3, not later
than the date on which the budget of the United States Government is
submitted by the President under section 1105 of title 31, United
States Code, for that fiscal year, the Secretary shall provide to the
appropriate committees of Congress a briefing or report describing the
status of each watershed outcomes project, including progress towards
the applicable strategy prepared under section 3(d)(1), including any
payments made for outcomes.
(b) 5-Year Report.--Not later than October 1 of the fifth fiscal
year in which a watershed outcomes project is carried out under section
3, the Secretary shall submit to the appropriate committees of Congress
a report that--
(1) summarizes--
(A) the projected results of the qualifying
activities in the watershed outcomes project in meeting
the strategy prepared under section 3(d)(1);
(B) the projected outcomes of the watershed
outcomes project;
(C) the total amount of funds secured for the
watershed outcomes project;
(D) the type of funding expended under the
watershed outcomes project; and
(E) such other information as the Secretary
determines to be appropriate; and
(2) includes recommendations for continuing, terminating,
or making permanent the authoriz