43 USC 3206 - Drought contingency plan funding requirements

Collapse to view only § 3206. Drought contingency plan funding requirements

§ 3201. Authorizations of appropriations
§ 3202. Water storage, groundwater storage, and conveyance projects
§ 3203. Small water storage and groundwater storage projects
§ 3204. Critical maintenance and repair
§ 3205. Competitive grant program for large-scale water recycling and reuse program
§ 3206. Drought contingency plan funding requirements
§ 3207. Multi-benefit projects to improve watershed health
§ 3208. Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects

§ 3201. Authorizations of appropriationsThere are authorized to be appropriated to the Secretary of the Interior, acting through the Commissioner of Reclamation (referred to in this chapter as the “Secretary”), for the period of fiscal years 2022 through 2026—

(1) $1,150,000,000 for water storage, groundwater storage, and conveyance projects in accordance with section 3202 of this title, of which $100,000,000 shall be made available to provide grants to plan and construct small surface water and groundwater storage projects in accordance with section 3203 of this title;

(2) $3,200,000,000 for the Aging Infrastructure Account established by subsection (d)(1) of section 510b of this title, to be made available for activities in accordance with that subsection, including major rehabilitation and replacement activities, as identified in the Asset Management Report of the Bureau of Reclamation dated April 2021, of which—

(A) $100,000,000 shall be made available for Bureau of Reclamation reserved or transferred works that have suffered a critical failure, in accordance with section 3204(a) of this title; and

(B) $100,000,000 shall be made available for the rehabilitation, reconstruction, or replacement of a dam in accordance with section 3204(b) of this title;

(3) $1,000,000,000 for rural water projects that have been authorized by an Act of Congress before July 1, 2021, in accordance with the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.);

(4) $1,000,000,000 for water recycling and reuse projects, of which—

(A) $550,000,000 shall be made available for water recycling and reuse projects authorized in accordance with the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) that are—

(i) authorized or approved for construction funding by an Act of Congress before November 15, 2021; or

(ii) selected for funding under the competitive grant program authorized pursuant to section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(f)), with funding under this subparagraph to be provided in accordance with that section, notwithstanding section 4013 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322), except that section 1602(g)(2) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(g)(2)) shall not apply to amounts made available under this subparagraph; and

(B) $450,000,000 shall be made available for large-scale water recycling and reuse projects in accordance with section 3205 of this title;

(5) $250,000,000 for water desalination projects and studies authorized in accordance with the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) that are—

(A) authorized or approved for construction funding by an Act of Congress before July 1, 2021; or

(B) selected for funding under the program authorized pursuant to section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298), with funding to be made available under this paragraph in accordance with that subsection, notwithstanding section 4013 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322), except that paragraph (2)(F) of section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) (as redesignated by section 40908) shall not apply to amounts made available under this paragraph;

(6) $500,000,000 for the safety of dams program, in accordance with the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506 et seq.);

(7) $400,000,000 for WaterSMART grants in accordance with section 10364 of title 42, of which $100,000,000 shall be made available for projects that would improve the condition of a natural feature or nature-based feature (as those terms are defined in section 10362 of title 42);

(8) subject to section 3206 of this title, $300,000,000 for implementing the Colorado River Basin Drought Contingency Plan, consistent with the obligations of the Secretary under the Colorado River Drought Contingency Plan Authorization Act (Public Law 116–14; 133 Stat. 850) and related agreements, of which $50,000,000 shall be made available for use in accordance with the Drought Contingency Plan for the Upper Colorado River Basin;

(9) $100,000,000 to provide financial assistance for watershed management projects in accordance with subtitle A of title VI of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.);

(10) $250,000,000 for design, study, and construction of aquatic ecosystem restoration and protection projects in accordance with section 2330c of title 33;

(11) $100,000,000 for multi-benefit projects to improve watershed health in accordance with section 3207 of this title; and

(12) $50,000,000 for endangered species recovery and conservation programs in the Colorado River Basin in accordance with—

(A)Public Law 106–392 (114 Stat. 1602);

(B) the Grand Canyon Protection Act of 1992 (Public Law 102–575; 106 Stat. 4669); and

(Pub. L. 117–58, div. D, title IX, § 40901, Nov. 15, 2021, 135 Stat. 1116.)

§ 3202. Water storage, groundwater storage, and conveyance projects

(a) Eligibility for funding

(1) Feasibility studies

(A) In generalA feasibility study shall only be eligible for funding under section 3201(1) of this title if—

(i) the feasibility study has been authorized by an Act of Congress before November 15, 2021;

(ii) Congress has approved funding for the feasibility study in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322) before November 15, 2021; or

(iii) the feasibility study is authorized under subparagraph (B).

(B) Feasibility study authorizationsThe Secretary may carry out feasibility studies for the following projects:

(i) The Verde Reservoirs Sediment Mitigation Project in the State of Arizona.

(ii) The Tualatin River Basin Project in the State of Oregon.

(2) ConstructionA project shall only be eligible for construction funding under section 3201(1) of this title if—

(A) an Act of Congress enacted before November 15, 2021, authorizes construction of the project;

(B) Congress has approved funding for construction of the project in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322) before November 15, 2021, except for any project for which—

(i) Congress did not approve the recommendation of the Secretary for funding under subsection (h)(2) of that section for at least 1 fiscal year before November 15, 2021; or

(ii) State funding for the project was rescinded by the State before November 15, 2021; or

(C)

(i) Congress has authorized or approved funding for a feasibility study for the project in accordance with clause (i) or (ii) of paragraph (1)(A) (except that projects described in clauses (i) and (ii) of subparagraph (B) shall not be eligible); and

(ii) on completion of the feasibility study for the project, the Secretary—(I) finds the project to be technically and financially feasible in accordance with the reclamation laws;(II) determines that sufficient non-Federal funding is available for the non-Federal cost share of the project; and(III)(aa) finds the project to be in the public interest; and(bb) recommends the project for construction.

(b) Cost-sharing requirement

(1) In generalThe Federal share—

(A) for a project authorized by an Act of Congress shall be determined in accordance with that Act;

(B) for a project approved by Congress in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322) (including construction resulting from a feasibility study authorized under that Act) shall be as provided in that Act; and

(i) in the case of a federally owned project, shall not exceed 50 percent of the total cost of the project; and

(ii) in the case of a non-Federal project, shall not exceed 25 percent of the total cost of the project.

(2) Federal benefits

(3) Reimbursability

(Pub. L. 117–58, div. D, title IX, § 40902, Nov. 15, 2021, 135 Stat. 1118.)

§ 3203. Small water storage and groundwater storage projects

(a) Establishment of a competitive grant program for small water storage and groundwater storage projects

(b) Eligibility and selection

(1) Submission to the Secretary

(A) In general

(B) Eligible projectsA project shall be considered eligible for consideration for a grant under this section if the project—

(i) has water storage capacity of not less than 200 acre-feet and not more than 30,000 acre-feet; and

(ii)(I) increases surface water or groundwater storage; or(II) conveys water, directly or indirectly, to or from surface water or groundwater storage.

(2) Review by the SecretaryThe Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of determining whether—

(A) the feasibility study, and the process under which the study was developed, each comply with Federal laws (including regulations) applicable to feasibility studies of small storage projects;

(B) the project is technically and financially feasible, in accordance with—

(i) the guidelines developed under paragraph (1)(C); and

(ii) the reclamation laws; and

(3) Submission to CongressNot later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—

(A) the results of the review of the study by the Secretary under paragraph (2), including a determination of whether the project is feasible and provides a Federal benefit;

(B) any recommendations that the Secretary may have concerning the plan or design of the project; and

(4) Eligibility for funding

(A) In general

(B) Required determination

(5) PriorityIn awarding grants to projects under this section, the Secretary shall give priority to projects that meet 1 or more of the following criteria:

(A) Projects that are likely to provide a more reliable water supply for States, Indian Tribes, and local governments, including subdivisions of those entities.

(B) Projects that are likely to increase water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies.

(D) Projects with multiple stakeholders.

(E) Projects that provide multiple benefits, including water supply reliability, ecosystem benefits, groundwater management and enhancements, and water quality improvements.

(c) Ceiling on Federal shareThe Federal share of the costs of each of the individual projects selected under this section shall not exceed the lesser of—

(1) 25 percent of the total project cost; or

(2) $30,000,000.

(d) Environmental laws

(e) Termination of authority

(Pub. L. 117–58, div. D, title IX, § 40903, Nov. 15, 2021, 135 Stat. 1119; Pub. L. 117–328, div. CC, § 105, Dec. 29, 2022, 136 Stat. 5574.)

§ 3204. Critical maintenance and repair

(a) Critical failure at a reserved or transferred work

(1) In generalA reserved or transferred work shall only be eligible for funding under section 3201(2)(A) of this title if—

(A) construction of the reserved or transferred work began on or before January 1, 1915; and

(B) a unit of the reserved or transferred work suffered a critical failure in Bureau of Reclamation infrastructure during the 2-year period ending on November 15, 2021, that resulted in the failure to deliver water to project beneficiaries.

(2) Use of funds

(3) Nonreimbursable funds

(b) Carey Act projectsThe Secretary shall use amounts made available under section 3201(2)(B) of this title to fund the rehabilitation, reconstruction, or replacement of a dam—

(1) the construction of which began on or after January 1, 1905;

(2) that was developed pursuant to section 4 of the Act of August 18, 1894 (commonly known as the “Carey Act”) (43 U.S.C. 641; 28 Stat. 422, chapter 301);

(3) that the Governor of the State in which the dam is located has—

(A) determined the dam has reached its useful life;

(B) determined the dam poses significant health and safety concerns; and

(4) for which the estimated rehabilitation, reconstruction, or replacement, engineering, and permitting costs would exceed $50,000,000.

(Pub. L. 117–58, div. D, title IX, § 40904, Nov. 15, 2021, 135 Stat. 1121.)

§ 3205. Competitive grant program for large-scale water recycling and reuse program

(a) DefinitionsIn this section:

(1) Eligible entityThe term “eligible entity” means—

(A) a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or other organization with water or power delivery authority;

(B) a State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; or

(C) an agency established under State law for the joint exercise of powers or a combination of entities described in subparagraphs (A) and (B).

(2) Eligible project

(3) Program

(4) Reclamation State

(b) Establishment

(1) reclaims and reuses—

(A) municipal, industrial, domestic, or agricultural wastewater; or

(B) impaired groundwater or surface water;

(2) has a total estimated cost of $500,000,000 or more;

(3) is located in a Reclamation State;

(4) is constructed, operated, and maintained by an eligible entity; and

(5) provides a Federal benefit in accordance with the reclamation laws.

(d) Project evaluationThe Secretary may provide a grant to an eligible project under the program if—

(1) the eligible entity determines through the preparation of a feasibility study or equivalent study, and the Secretary concurs, that the eligible project—

(A) is technically and financially feasible;

(B) provides a Federal benefit in accordance with the reclamation laws; and

(2) the eligible entity has sufficient non-Federal funding available to complete the eligible project, as determined by the Secretary;

(3) the eligible entity is financially solvent, as determined by the Secretary; and

(4) not later than 30 days after the date on which the Secretary concurs with the determinations under paragraph (1) with respect to the eligible project, the Secretary submits to Congress written notice of the determinations.

(e) PriorityIn providing grants to eligible projects under the program, the Secretary shall give priority to eligible projects that meet 1 or more of the following criteria:

(1) The eligible project provides multiple benefits, including—

(A) water supply reliability benefits for drought-stricken States and communities;

(B) fish and wildlife benefits; and

(2) The eligible project is likely to reduce impacts on environmental resources from water projects owned or operated by Federal and State agencies, including through measurable reductions in water diversions from imperiled ecosystems.

(3) The eligible project would advance water management plans across a multi-State area, such as drought contingency plans in the Colorado River Basin.

(4) The eligible project is regional in nature.

(5) The eligible project is collaboratively developed or supported by multiple stakeholders.

(f) Federal assistance

(1) Federal cost share

(2) Total dollar cap

(3) Nonreimbursable funds

(4) Funding eligibilityAn eligible project shall not be considered ineligible for assistance under the program because the eligible project has received assistance under—

(A) the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.);

(B) section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) for eligible desalination projects; or

(g) Environmental laws

(h) Guidance

(i) Reports

(1) Annual report

(2) Comptroller general

(A) Assessment

(B) ReportNot later than 1 year after the date of the initial award of grants under this section, the Comptroller General shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—

(i) the adequacy and effectiveness of the process by which each eligible project was selected, if applicable; and

(ii) the justification and criteria used for the selection of each eligible project, if applicable.

(j) Treatment of conveyance

(k) Termination of authority

(Pub. L. 117–58, div. D, title IX, § 40905, Nov. 15, 2021, 135 Stat. 1122.)

§ 3206. Drought contingency plan funding requirements

(a) In general

Funds made available under section 3201(8) of this title for use in the Lower Colorado River Basin may be used for projects—

(1) to establish or conserve recurring Colorado River water that contributes to supplies in Lake Mead and other Colorado River water reservoirs in the Lower Colorado River Basin; or

(2) to improve the long-term efficiency of operations in the Lower Colorado River Basin.

(b) Limitation

(Pub. L. 117–58, div. D, title IX, § 40906, Nov. 15, 2021, 135 Stat. 1124.)

§ 3207. Multi-benefit projects to improve watershed health

(a) Definition of eligible applicant

In this section, the term “eligible applicant” means—

(1) a State;

(2) a Tribal or local government;

(3) an organization with power or water delivery authority;

(4) a regional authority; or

(5) a nonprofit conservation organization.

(b) Establishment of competitive grant program

Not later than 1 year after November 15, 2021, the Secretary, in consultation with the heads of relevant agencies, shall establish a competitive grant program under which the Secretary shall award grants to eligible applicants for the design, implementation, and monitoring of conservation outcomes of habitat restoration projects that improve watershed health in a river basin that is adversely impacted by a Bureau of Reclamation water project by accomplishing 1 or more of the following:

(1) Ecosystem benefits.

(2) Restoration of native species.

(3) Mitigation against the impacts of climate change to fish and wildlife habitats.

(4) Protection against invasive species.

(5) Restoration of aspects of the natural ecosystem.

(6) Enhancement of commercial, recreational, subsistence, or Tribal ceremonial fishing.

(7) Enhancement of river-based recreation.

(1) In general

In awarding a grant to an eligible applicant under subsection (b), the Secretary—

(A) shall give priority to an eligible applicant that would carry out a habitat restoration project that achieves more than 1 of the benefits described in that subsection; and

(B) may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations under Federal or State law.

(2) Compliance

(d) Cost-sharing requirement

The Federal share of the cost of any habitat restoration project that is awarded a grant under subsection (b)—

(1) shall not exceed 50 percent of the cost of the habitat restoration project; or

(2) in the case of a habitat restoration project that provides benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration benefit accounts for at least 75 percent of the cost of the habitat restoration project, as determined by the Secretary, shall not exceed 75 percent of the cost of the habitat restoration project.

(Pub. L. 117–58, div. D, title IX, § 40907, Nov. 15, 2021, 135 Stat. 1125.)

§ 3208. Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects

(a) In general

The Secretary, at the request of and in coordination with affected Indian Tribes, States (including subdivisions and departments of a State), or a public agency organized pursuant to State law, may provide technical or financial assistance for, participate in, and enter into agreements (including agreements with irrigation entities) for—

(1) groundwater recharge projects;

(2) aquifer storage and recovery projects; or

(3) water source substitution for aquifer protection projects.

(b) Limitation

(d) Cost sharing

(e) Environmental laws

In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including —

(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(2) any obligations for fish, wildlife, or water quality protection in permits or licenses granted by a Federal agency or a State; and

(3) any applicable Federal or State laws (including regulations).

(f) Authorization by Congress for major project construction

(Pub. L. 117–58, div. D, title IX, § 40910, Nov. 15, 2021, 135 Stat. 1126.)