Sec. 4007. STORAGE

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## SEC. 4007 STORAGE **[**[43 U.S.C. 390b note](/us/usc/t43/s390b)**]** ###

(a)Definitions In this subtitle: ####

(1)Federally owned storage project The term “**federally owned storage project**” means any project involving a surface water storage facility in a Reclamation State— #####

(A)to which the United States holds title; and #####

(B)that was authorized to be constructed, operated, and maintained pursuant to the reclamation laws. ####

(2)State-led storage project The term “**State-led storage project**” means any project in a Reclamation State that— #####

(A)involves a groundwater or surface water storage facility constructed, operated, and maintained by any State, department of a State, subdivision of a State, or public agency organized pursuant to State law; and #####

(B)provides a benefit in meeting any obligation under Federal law (including regulations). ###

(b)Federally Owned Storage Projects ####

(1)Agreements On the request of any State, any department, agency, or subdivision of a State, or any public agency organized pursuant to State law, the Secretary of the Interior may negotiate and enter into an agreement on behalf of the United States for the design, study, and construction or expansion of any federally owned storage project in accordance with this section. ####

(2)Federal cost share Subject to the requirements of this subsection, the Secretary of the Interior may participate in a federally owned storage project in an amount equal to not more than 50 percent of the total cost of the federally owned storage project. ####

(3)Commencement The construction of a federally owned storage project that is the subject of an agreement under this subsection shall not commence until the Secretary of the Interior— #####

(A)determines that the proposed federally owned storage project is feasible in accordance with the reclamation laws; #####

(B)secures an agreement providing upfront funding as is necessary to pay the non-Federal share of the capital costs; and #####

(C)determines that, in return for the Federal cost-share investment in the federally owned storage project, at least a proportionate share of the project benefits are Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges. ####

(4)Environmental laws In participating in a federally owned storage project under this subsection, the Secretary of the Interior shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ###

(c)State-Led Storage Projects ####

(1)In general Subject to the requirements of this subsection, the Secretary of the Interior may participate in a State-led storage project in an amount equal to not more than 25 percent of the total cost of the State-led storage project. ####

(2)Request by governor Participation by the Secretary of the Interior in a State-led storage project under this subsection shall not occur unless— #####

(A)the participation has been requested by the Governor of the State in which the State-led storage project is located; #####

(B)the State or local sponsor determines, and the Secretary of the Interior concurs, that— ######

(i)the State-led storage project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws; ######

(ii)sufficient non-Federal funding is available to complete the State-led storage project; and ######

(iii)the State-led storage project sponsors are financially solvent; #####

(C)the Secretary of the Interior determines that, in return for the Federal cost-share investment in the State-led storage project, at least a proportional share of the project benefits are the Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges; and #####

(D)the Secretary of the Interior submits to Congress a written notification of these determinations within 30 days of making such determinations. ####

(3)Environmental laws When participating in a State-led storage project under this subsection, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ####

(4)Information When participating in a State-led storage project under this subsection, the Secretary of the Interior— #####

(A)may rely on reports prepared by the sponsor of the State-led storage project, including feasibility (or equivalent) studies, environmental analyses, and other pertinent reports and analyses; but #####

(B)shall retain responsibility for making the independent determinations described in paragraph (2). ###

(d)Authority To Provide Assistance The Secretary of the Interior may provide financial assistance under this subtitle to carry out projects within any Reclamation State. ###

(e)Rights To Use Capacity Subject to compliance with State water rights laws, the right to use the capacity of a federally owned storage project or State-led storage project for which the Secretary of the Interior has entered into an agreement under this subsection shall be allocated in such manner as may be mutually agreed to by the Secretary of the Interior and each other party to the agreement. ###

(f)Compliance With California Water Bond ####

(1)In general The provision of Federal funding for construction of a State-led storage project in the State of California shall be subject to the condition that the California Water Commission shall determine that the State-led storage project is consistent with the California Water Quality, Supply, and Infrastructure Improvement Act, approved by California voters on November 4, 2014. ####

(2)Applicability This subsection expires on the date on which State bond funds available under the Act referred to in paragraph

(1)are expended. ###

(g)Partnership and Agreements The Secretary of the Interior, acting through the Commissioner, may partner or enter into an agreement regarding the water storage projects identified in section 103(d)(1) of the Water Supply, Reliability, and Environmental Improvement Act (Public Law 108-361; 118 Stat. 1688) with local joint powers authorities formed pursuant to State law by irrigation districts and other local water districts and local governments within the applicable hydrologic region, to advance those projects. ###

(h)Authorization of Appropriations ####

(1)$335,000,000 of funding in section 4011(e) is authorized to remain available until expended. ####

(2)Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to this section and transmits such recommendations to the appropriate committees of Congress. ###

(i)Sunset This section shall apply only to federally owned storage projects and State-led storage projects that the Secretary of the Interior determines to be feasible before January 1, 2021. ###

(j)Consistency With State Law Nothing in this section preempts or modifies any obligation of the United States to act in conformance with applicable State law. ###

(k)Calfed Authorization Title I of Public Law 108-361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 2860; 128 Stat. 164; 128 Stat. 2312) (as amended by section 207 of Public Law 114-113) is amended by striking “2017” each place it appears and inserting “2019”.

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