Sec. 101. Storage and conveyance projects

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 4007 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ) is amended— by striking subsections

(a)and

(b)and inserting the following: In this section: The terms design and study include any design, permitting, study (including a feasibility study), materials engineering or testing, surveying, or preconstruction activity relating to a water storage facility. The terms design and study do not include an appraisal study or other preliminary review intended to determine whether further study is appropriate. The term eligible entity means— a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or other organization with water or power delivery authority; a State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; or an agency established under State law for the joint exercise of powers; a combination of entities described in subparagraphs

(A)and (B); or with respect to a natural water retention and release project, a qualified partner. The term eligible project means a project described in subsection (b). The terms Federal benefit , natural water retention and release project , non-Federal storage project , public benefit , storage project , watershed , and watershed restoration plan have the meanings given the terms in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act . The term qualified partner means a nonprofit organization operating in a Reclamation State that is acting with the written support of an eligible entity. ; by striking subsections (e), (f), and (i); and by redesignating subsections (c), (d), (g), (h), (j), and

(k)as subsections (b), (c), (d), (e), (f), and (g), respectively. Section 4007(b) of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ) (as redesignated by paragraph (1)(C)) is amended— in the subsection heading, by striking and inserting State-led ; Non-Federal by striking State-led each place it appears and inserting non-Federal ; in paragraph (1), by striking project in and all that follows through the period at the end and inserting project. ; in paragraph (2)— in the paragraph heading, by inserting after or Indian Tribe ; Governor in the matter preceding subparagraph (A), by striking Participation and inserting Subject to paragraph (5), in the case of natural water retention and release projects, participation ; in subparagraph (A), by inserting or the sponsoring Indian Tribe, in the case of a Tribal project after located ; and in subparagraph (B), in the matter preceding clause (i), by striking State or local sponsor and inserting State, Tribal, or local ; and by adding at the end the following: Participation by the Secretary of the Interior in a natural water retention and release project under this subsection shall only occur if— for a project that costs not more than $10,000,000, the eligible entity demonstrates that the natural water retention and release project would help optimize the storage or delivery of water in a watershed in which a Bureau of Reclamation facility is located; and for a project that costs more than $10,000,000— the requirements described in paragraph

(2)have been met; and the eligible entity determines, and the Secretary of the Interior concurs, that— the natural water retention and release project would produce or allow additional retention or delivery of water in a watershed in which a Bureau of Reclamation facility is located; and there is a credible estimate of the quantity of the storage benefit of the natural water retention and release project during each of a wet year, a normal year, and a dry year. Non-Federal storage projects with a Federal cost-share exceeding $250,000,000 may not be carried out under this subsection. Except as provided in subparagraph (B), the Federal share of the cost of any eligible project provided a grant under this subsection shall not exceed 25 percent of the total cost of the eligible project. The Federal share of the cost of a natural water retention and release project provided a grant under this subsection shall not exceed 90 percent of the total cost of the natural water retention and release project. Subject to paragraph (7), any funds provided by the Secretary of the Interior to an eligible entity under this subsection for the value of public benefits described in subparagraphs

(A)and

(B)of section 2(10) of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act shall be considered nonreimbursable. Subject to paragraph (7), any funds provided by the Secretary of the Interior for the value of Federal benefits provided under section 2(6)(D) of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act shall be considered nonreimbursable to the extent that the value of the Federal benefits does not exceed the value of public benefits funded under clause

(i)that are fish and wildlife or water quality benefits. If funds provided to an eligible entity under subparagraph

(A)are less than the amount of the maximum Federal cost share applicable to the eligible project under paragraph (7), the Secretary may provide reimbursable funds to an eligible entity for any Federal benefits provided under section 2(6)(D) of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act , subject to the limitation that the total amount of Federal funds provided to an eligible entity for the eligible project under this subsection may not exceed the amount of the maximum Federal cost share applicable under paragraph (7). In providing grants to eligible entities for eligible projects under this subsection, the Secretary of the Interior shall give funding priority to an eligible project that directly or through watershed restoration plans approved with the project meets 2 or more of the following criteria: Provides multiple benefits, including substantial quantities of each of the following: Water supply reliability benefits for States and communities that are frequently drought-stricken. Fish and wildlife benefits. Water quality improvements. Reduces impacts on environmental resources from water projects owned or operated by Federal agencies and State agencies, including through measurable reductions in water diversions from imperiled ecosystems. Advances water management plans across a multi-State area, such as drought contingency plans in the Colorado River Basin. Is collaboratively developed or supported by multiple stakeholders. Is located within a watershed for which an integrated, comprehensive watershed management plan has been developed to enhance resilience of ecosystems, agricultural operations, and communities to chronic water scarcity, acute drought, and changing hydrological regimes. . Section 4007(e) of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ) (as redesignated by paragraph (1)(C)) is amended by striking paragraphs

(1)and

(2)and inserting the following: In addition to amounts made available under section 40901(1) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3201(1) ), there is authorized to be appropriated to the Secretary of the Interior to carry out this section $750,000,000 for the period of fiscal years 2025 through 2029, of which $50,000,000 is authorized to be appropriated during that period to carry out natural water retention and release projects under subsection (b)(5). Subject to paragraphs

(3)and (4), the Secretary of the Interior shall allocate amounts made available under paragraph

(1)among— the design and study of— non-Federal storage projects, including natural water retention and release projects; and storage projects that are eligible for study funding under subsection (a)(1) of section 40902 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3202 ), if the amounts made available to the storage projects under this clause are provided in accordance with subsections

(b)and

(c)of that section; and construction of— non-Federal storage projects, including natural water retention and release projects; and storage projects that have received construction funding in accordance with subsection (a)(2) of section 40902 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3202 ), if the amounts made available to the storage projects under this clause are provided in accordance with subsections

(b)and

(c)of that section. Of the amounts made available under paragraph (1), not more than 25 percent shall be provided for appraisal studies, feasibility studies, or other preliminary studies. The funds appropriated under paragraph

(1)may not be used for storage projects other than the storage projects described in paragraph

(2)unless authorized by an Act of Congress. The Federal share of the cost of public benefits provided by a storage project described in paragraph

(2)may be used for the capital and operations, maintenance, and replacement costs of public benefits. Nothing in this paragraph precludes the Secretary from using other authorities or appropriations for the capital and operations, maintenance, and replacement costs of a non-Federal storage project to provide public benefits. . Section 4013(2) of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ) is amended by striking projects under construction in . Section 40902(a)(2)(C)(i) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3202(a)(2)(C)(i) ) is amended by striking clause

(i)or

(ii)and inserting clause (i), (ii), or

(iii). In this subsection, the term construction has the meaning given the term in section 4011(f) of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 ; 130 Stat. 1881). A storage project that has received funding for construction activities in accordance with section 40901(1) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3201(1) ) shall be eligible for funding (including funding authorized under this section or an amendment made by this section), to complete construction of the project in accordance with the standards under section 40902 of that Act ( 43 U.S.C. 3202 ). The Calfed Bay-Delta Authorization Act ( Public Law 108–361 ; 118 Stat. 1681; 136 Stat. 221) is amended by striking ‘‘2022’’ each place it appears and inserting ‘‘2028’’.

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