Sec. 1. Short title; table of contents; findings
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This Act may be cited as the . Drought Recovery and Resilience Act of 2015 The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; findings. TITLE I—Emergency Drought Response Appropriations from Reclamation Fund Sec. 101. Appropriations to be derived from Reclamation Fund. Sec. 102. Supplemental appropriations for drought relief. Sec. 103. Supplemental appropriations for the Environmental Protection Agency. Sec. 104. Supplemental appropriations for the Water Infrastructure Finance and Innovation Act program.
TITLE II—New Water Infrastructure Program Authorizations Subtitle A—New Water Recycling and Reclamation Program Through EPA Sec. 201. Short title; findings; purposes. Sec. 202. National Water Recycling and Reclamation Program. Subtitle B—Reclamation Infrastructure Finance and Innovation Act (RIFIA) Sec. 210. Short title; purposes; definitions. Chapter 1—Innovative financing Sec. 211. Purposes. Sec. 212. Authority to provide assistance. Sec. 213. Applications. Sec. 214. Eligibility for assistance.
Sec. 215. Determination of eligibility and project selection. Sec. 216. Secured loans. Sec. 217. Program administration. Sec. 218. State and local permits. Sec. 219. Regulations. Sec. 220. Funding. Sec. 221. Report to Congress. Chapter 2—Integrated regional water management, reclamation, and recycling projects Sec. 231. Water storage projects. Sec. 232. Authorization of appropriations. Chapter 3—Reclamation title transfer program Sec. 241. Short title; definitions. Sec. 242. Authorization of title transfer program.
Sec. 243. Compliance with environmental and historic preservation laws. Sec. 244. Eligibility criteria. Sec. 245. Liability. Sec. 246. Benefits. Sec. 247. Compliance with other laws. Sec. 248. Authorization of appropriations. Sec. 249. Termination of authority. Subtitle C—Innovative Stormwater Capture Program Sec. 251. Short title. Sec. 252. Purposes and findings. Sec. 253. Definitions. Sec. 254. Centers of Excellence for innovative stormwater control infrastructure. Sec. 255.
Innovative stormwater control infrastructure project grants. Sec. 256. Environmental Protection Agency innovative stormwater control infrastructure promotion. Sec. 257. Report to Congress. Sec. 258. Authorization of appropriations. TITLE III—Improved Infrastructure and Water Management Subtitle A—Restoring America’s Watersheds and Increasing Water Yields Sec. 301. Short title. Sec. 302. Findings. Sec. 303. Water Source Protection Program. Sec. 304. Watershed Condition Framework.
Sec. 305. Forest Service Legacy Roads and Trails Remediation Program. Sec. 306. Reauthorization of the Collaborative Forest Landscape Restoration Fund. Subtitle B—Reservoir Operation Improvement Sec. 311. Short title. Sec. 312. Projects, plans, and reports. Subtitle C—Reclamation Projects for Renewable Energy To Reduce Evaporation Loss Sec. 320. Findings and purpose. Sec. 321. Definitions. Sec. 322. Evaluation and report. Sec. 323. Development of solar and wind energy on covered land.
Sec. 324. Royalties. Sec. 325. Disposition of royalty revenue. Subtitle D—Improved Reclamation Crop Data Sec. 331. Definitions. Sec. 332. Determination of planting of water-intense permanent crops. Sec. 333. Report related to water-intense permanent crops. Subtitle E—Improved Oversight of State Injection Wells Sec. 341. Amendment to the Safe Drinking Water Act. Subtitle F—Combating Water Theft for Illegal Marijuana Cultivation Sec. 351. Policy directive on illegal water diversion for marijuana cultivation.
Sec. 352. Environmental reporting requirements for Domestic Cannabis Eradication program. Sec. 353. Trespass marijuana location registry. Sec. 354. Funding for remediation of trespass marijuana sites. Sec. 355. Voluntary guidelines. Sec. 356. Research program. Subtitle G—SECURE Water Amendments Sec. 361. Authorized activities; eligibility; authorization of appropriations. Sec. 362. Authorization of appropriations for national water availability and use assessment program. Subtitle H—Refundable tax credit for water-Harvesting systems Sec. 371.
Refundable tax credit for water-harvesting systems. Subtitle I—Funding for construction for additional project benefits Sec. 381. Funding for construction for additional project benefits. Subtitle J—Open water data system Sec. 391. Open water data system. TITLE IV—Planning for the Future Subtitle A—X-Prize for Desalination Breakthroughs Sec. 401. Short title. Sec. 402. Water technology award program. Subtitle B—Drought Planning Assistance through NRCS and Reclamation Sec. 411.
Drought Planning Assistance through NRCS and Reclamation. Subtitle C—Drought Preparedness for Fisheries Sec. 421. Drought Preparedness for Fisheries. Subtitle D—National Emergency Planning Response Sec. 431. National Emergency Planning Response. Subtitle E—Military Preparedness for Desalination Sec. 441. Report on desalinization technology. Congress finds the following: That, as expressed in the Water Supply Act of 1958, Congress has recognized the primary responsibilities of the States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes, and that the Federal Government should participate and cooperate in these projects.
That there is a long and robust legal precedent of Federal deference to State primacy in water law and the legal system that States establish for resolving disputes over water use, with the Supreme Court finding in Kansas v. Colorado that Congress cannot enforce either rule upon any state in matters of the right regulation of water rights. That, as established in the Proclamation of a State of Emergency issued by the Governor of the State of California on January 17, 2014, California is experiencing record dry conditions, all regions of the State are impacted by the drought, and these extremely dry conditions have persisted since 2012 and are likely to persist beyond this year and more regularly into the future.
That the State of California is not alone in the prospects for long-term drought, and that the entire American West and Southwest are facing forecasts of prolonged droughts that will leave States facing major water shortages and catastrophic wildfires. That the prolonged period of drought in the American West has also occurred with higher temperatures throughout the State of California, reducing snowpack and leading to what climate scientists conclude may be the most severe drought in over 1,200 years.
That the Colorado River has been under drought conditions since 2000, and that the chances of a megadrought striking the Southwest and central Great Plains are on the rise according to forecasts from climate scientists. That the United States should utilize all existing authorities and resources made available by the Agricultural Act of 2014, that over $500 million in assistance has already been dedicated to assisting agricultural users and rural communities in California and other drought-impacted areas, and that the United States Department of Agriculture should continue to prioritize such assistance to bring relief to drought-impacted areas.
That this drought emergency requires an immediate and credible response that respects State, local, and tribal law, and that the policies that respond to the drought should not pit State against State, region against region, or stakeholders against one another. That Federal agencies should continue to operate the Bureau of Reclamation’s Central Valley Project in California in compliance with all Federal and State laws, including biological opinions, while working with the State to maximize operational flexibility in order to deliver as much water as reasonably possible to drought-impacted areas and minimize the harm suffered by fish and wildlife as a result of the drought.
That Congress recognizes the range of separate, distinct Federal agencies with authorities and resources that play a role in water supply, including treatment and remediation of groundwater, surface water storage, water recycling and reuse, and other clean water infrastructure, and that to avoid duplication and ensure the efficiency and effectiveness of these various Federal roles, there is a need for improved coordination, streamlining, and collaboration, both among Federal agencies and with drought-impacted States and localities.
That it is the policy of the United States to respect California’s coequal goals, established by the Delta Reform Act of 2009, of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem, and that these coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place. That the State of California, in CA Water Code Section 85021, has established a policy to reduce reliance on the Delta in meeting California's future water supply needs through a statewide strategy of investing in improved regional supplies, conservation, and water use efficiency, that California law directs each region that depends on water from the Delta watershed to improve its regional self-reliance for water through investment in water use efficiency, water recycling, advanced water technologies, local and regional water supply projects, and improved regional coordination of local and regional water supply efforts, and that it is the intent of Congress to ensure that Federal programs, policies, and investments respect and compliment, and do not undermine or conflict with, California’s policy of reducing reliance on Delta diversions.
That the Reclamation Fund was established in 1902 with the expressed purpose of providing for the construction and maintenance of water infrastructure for the economic development of the western States and territories, with revenues deposited into the fund out of public land sales within these western States and territories. That since 1902, the Reclamation Fund has been supplemented with additional revenues from Federal water resources development and mineral and natural resource leases on Federal lands, such that the surplus within the Reclamation Fund now exceeds $10 billion.
That the Reclamation Fund represents a transfer of a portion of receipts from Federal lands and Federal natural resources in the West back to the West for water development, and that in this time of drought the Reclamation Fund’s surplus should be used to assist the West in meeting its water needs for public health and safety, for expanding water recycling, reuse, and reclamation, for meeting the emergency needs of communities impacted by the drought, and for developing long-term solutions to meet the impacts of climate change on this already arid region of the country.