II
117th CONGRESS
2d Session
H. R. 5118
IN THE SENATE OF THE UNITED STATES
August 2, 2022
Received
AN ACT
To direct the Secretary of Agriculture and the Secretary of the Interior to prioritize the completion of the Continental Divide National Scenic Trail, and for other purposes.
Short title
This Act may be cited as the Wildfire Response and Drought Resiliency Act
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Determination of budgetary effects.
Division A—Wildfire
Title I—Federal Lands Workforce
Subtitle A—Federal Wildland Firefighters
Sec. 101. Tim Hart Wildland Firefighter Pay Parity.
Sec. 102. Waiver of premium pay limitations for certain employees engaged in emergency wildland fire suppression activities.
Sec. 103. Direct hire authority.
Subtitle B—Authorization of Appropriations for Forest Service Fire and Non-Fire Salaries and Expenses
Sec. 111. In general.
Subtitle C—Other Personnel
Sec. 121. National Environmental Policy Act strike teams.
Sec. 122. Community mitigation assistance teams.
Sec. 123. Filling Forest Service recreation management staff vacancies.
Sec. 124. Filling vacancies and increasing number of positions available in the Forest Service to address public safety and protection concerns.
Title II—Wildfire, Ecosystem Protection, Community Preparedness, and Recovery
Subtitle A—10–Year National Wildfire Plan
Sec. 201. Definitions.
Sec. 202. Implementation of 10-year National Wildfire Plan.
Sec. 203. Selection and implementation of landscape-scale forest restoration projects.
Sec. 204. Youth and conservation corps assistance with projects under the Plan.
Sec. 205. Prescribed fire training exchanges.
Sec. 206. Ecosystem restoration grant fund through National Fish and Wildlife Foundation.
Sec. 207. National community capacity and land stewardship grant program.
Sec. 208. Protection of inventoried roadless areas.
Sec. 209. Strategic wildland fire management planning for prescribed fire.
Sec. 210. Long-Term Burned Area Recovery account.
Sec. 211. Report on 10-year National Wildfire Plan implementation.
Sec. 212. Performance metrics tracking.
Subtitle B—Tribal Biochar Promotion
Sec. 221. Tribal and Alaska Native Biochar demonstration project.
Title III—Other Matters
Sec. 301. Requirements relating to certain fire suppression cost share agreements.
Sec. 302. Investment of certain funds into interest bearing obligations.
Sec. 303. Study on crop losses.
Sec. 304. Study on use of CH–47 Chinooks to respond to wildfires.
Division B—Drought
Title I—Drought Response and Climate Resilience
Sec. 101. Advancing large-scale water recycling and reuse projects.
Sec. 102. Salton Sea projects improvements.
Sec. 103. Near-term actions to preserve Colorado River system.
Sec. 104. WaterSMART access for Tribes.
Sec. 105. Reclamation water settlements fund.
Sec. 106. Bureau of Reclamation Tribal clean water assistance.
Sec. 107. White Mountain Apache Tribe Rural Water System.
Sec. 108. Desalination research authorization.
Sec. 109. Water Resources Research Act amendments.
Sec. 110. Saline Lake ecosystems in the Great Basin States Assessment and Monitoring Program.
Sec. 111. Extension of authorizations related to fish recovery programs.
Sec. 112. Reclamation climate change and water program.
Sec. 113. Authorization of appropriations for the Las Vegas Wash program.
Sec. 114. Terminal lakes assistance.
Sec. 115. Expedited measures for drought response.
Sec. 116. Water efficiency, conservation, and sustainability.
Sec. 117. Shoring up electricity generation and reducing evaporation at Bureau of Reclamation facilities.
Title II—FUTURE Western Water and Drought Resiliency
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A—Assistance for Projects with Fastest Construction Timelines
Sec. 211. Water recycling and reuse projects.
Sec. 212. Desalination project development.
Sec. 213. Assistance for disadvantaged communities without adequate drinking water.
Subtitle B—Improved Water Technology and Data
Sec. 221. X-prize for water technology breakthroughs.
Sec. 222. Water technology investment program established.
Sec. 223. Federal priority streamgages.
Subtitle C—Drought Response and Preparedness for Ecosystems
Sec. 231. Aquatic ecosystem restoration program.
Sec. 232. Watershed health program.
Sec. 233. Waterbird habitat creation program.
Sec. 234. Support for refuge water deliveries.
Sec. 235. Drought planning and preparedness for critically important fisheries.
Sec. 236. Reauthorization of the Fisheries Restoration and Irrigation Mitigation Act of 2000.
Sec. 237. Sustaining biodiversity during droughts.
Sec. 238. Water resource education.
Title III—Open Access Evapotranspiration Data
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Findings.
Sec. 304. Open Access Evapotranspiration (OpenET) Data Program.
Sec. 305. Report.
Sec. 306. Authorization of appropriations.
Title IV—Colorado River Indian Tribes Water Resiliency
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definitions.
Sec. 404. Lease or exchange agreements.
Sec. 405. Storage agreements.
Sec. 406. Agreements for creation of water for the Colorado River System or for Storing Water in Lake Mead.
Sec. 407. Secretarial approval; disapproval; agreements.
Sec. 408. Responsibilities of the Secretary.
Sec. 409. Agreement between the CRIT and the State.
Sec. 410. Agreement between the CRIT, the State, and the Secretary.
Sec. 411. No effect on the CRIT decreed allocation.
Sec. 412. Allottee use of water.
Sec. 413. Consideration paid to the CRIT.
Sec. 414. Liability of the United States.
Sec. 415. Application.
Sec. 416. Rule of construction.
Title V— Hualapai Tribe Water Rights Settlement
Sec. 501. Short title.
Sec. 502. Purposes.
Sec. 503. Definitions.
Sec. 504. Ratification and execution of Hualapai Tribe water rights settlement agreement.
Sec. 505. Water rights.
Sec. 506. Hualapai Water Trust Fund Account; construction of Hualapai water project; funding.
Sec. 507. Authorizations of appropriations.
Sec. 508. Environmental compliance.
Sec. 509. Waivers, releases, and retentions of claims.
Sec. 510. Satisfaction of water rights and other benefits.
Sec. 511. Land added to Hualapai Reservation.
Sec. 512. Trust land.
Sec. 513. Reallocation of CAP NIA Priority Water; Firming; Water Delivery Contract; Colorado River Accounting.
Sec. 514. Enforceability date.
Sec. 515. Administration.
Title VI—Water Data
Sec. 601. Definitions.
Sec. 602. National water data framework.
Sec. 603. Water Data Council.
Sec. 604. Advisory Committee on Water Information.
Sec. 605. Water data grant program.
Sec. 606. Authorization of appropriations.
Title VII—Nogales Wastewater Improvement
Sec. 701. Short title.
Sec. 702. Amendments to the Act of July 27, 1953.
Sec. 703. Nogales sanitation project.
Title VIII—Rio Grande Water Security
Sec. 801. Short title.
Subtitle A—Rio Grande Water Security
Sec. 811. Definitions.
Sec. 812. Integrated water resources management plan for the Rio Grande Basin.
Sec. 813. Rio Grande Basin Working Group.
Sec. 814. Effect of subtitle.
Subtitle B—Pueblo Irrigation
Sec. 821. Reauthorization of Pueblo irrigation infrastructure grants.
Division C—Other Fire, Drought, and Extreme Weather Programs
Title I—Infrastructure, Energy, and Assistance
Sec. 101. Natural Disaster Grid Mitigation Map.
Sec. 102. Interregional minimum transfer capability requirements.
Sec. 103. Critical document fee waiver.
Sec. 104. Hermit’s Peak/Calf Canyon Fire Assistance.
Sec. 105. Fire management assistance cost share.
Sec. 106. Transitional sheltering assistance.
Sec. 107. Grid resilience study.
Sec. 108. Nonnative plant species removal grant program.
Sec. 109. Centers of excellence for research on wildfire smoke.
Sec. 110. Community smoke planning.
Sec. 111. Disaster equity and fairness.
Sec. 112. FEMA improvement, reform, and efficiency.
Sec. 113. Fire investigations.
Sec. 114. Critical infrastructure and microgrid program.
Sec. 115. Advanced transmission technology study.
Sec. 116. Rural Communities Drinking Water Resiliency.
Title II—National Disaster Safety Board Act
Sec. 201. Establishment and purpose.
Sec. 202. General authority.
Sec. 203. Recommendations and responses.
Sec. 204. Reports and studies.
Sec. 205. Appointment and organization.
Sec. 206. Methodology.
Sec. 207. Administrative.
Sec. 208. Disclosure, availability, and use of information.
Sec. 209. Training.
Sec. 210. Funding.
Sec. 211. Authority of the Inspector General.
Sec. 212. Evaluation and audit of National Disaster Safety Board.
Sec. 213. Definitions.
Title III—National Wildland Fire Risk Reduction Program
Sec. 301. Establishment of National Wildland Fire Risk Reduction Program.
Sec. 302. Program activities.
Sec. 303. Interagency Coordinating Committee on Wildland Fire Risk Reduction.
Sec. 304. National Advisory Committee on Wildland Fire Risk Reduction.
Sec. 305. Government Accountability Office review.
Sec. 306. Responsibilities of Program agencies.
Sec. 307. Budget activities.
Sec. 308. Definitions.
Sec. 309. Authorization of appropriations.
Sec. 310. Increase in allowable amount of physical disaster loan for mitigation.
Sec. 311. Study on disaster spending; State disaster plan updates.
Title IV—Wildfire Grid Resilience Act
Sec. 401. Short title.
Sec. 402. Resilience accelerator demonstration program.
Title V—Wildfire Insurance Coverage Study
Sec. 501. Short title.
Sec. 502. National wildfire risk assessment.
Sec. 503. GAO study regarding insurance for wildfire damage.
Title VI—Other Matters
Sec. 601. Extreme weather events.
Sec. 602. Fire management assistance program policy.
Sec. 603. Changes to public assistance policy guide.
Sec. 604. Mitigation benefit-cost analysis.
Title VII—Collateral Requirements for Disaster Loans Under the Small Business Act
Sec. 701. Collateral requirements for disaster loans under the Small Business Act.
Division D—Environmental Justice
Sec. 101. Definitions.
Sec. 102. Environmental justice community technical assistance grants.
Sec. 103. White House Environmental Justice Interagency Council.
Sec. 104. Federal agency actions to address environmental justice.
Sec. 105. Training of employees of Federal agencies.
Sec. 106. Environmental justice basic training program.
Sec. 107. Environmental justice clearinghouse.
Sec. 108. Public meetings.
Sec. 109. National Environmental Justice Advisory Council.
Sec. 110. Environmental justice grant programs.
Sec. 111. Environmental justice community solid waste disposal technical assistance grants.
Sec. 112. Environmental justice community, State, and Tribal grant programs.
Sec. 113. Protections for environmental justice communities against harmful Federal actions.
Sec. 114. Prohibited discrimination.
Sec. 115. Right of action.
Sec. 116. Rights of recovery.
Sec. 117. Public health risks associated with cumulative environmental stressors.
Sec. 118. Climate justice grant program.
Sec. 119. Environmental justice for communities overburdened by environmental violations.
Determination of budgetary effects
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation
for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Wildfire
Federal Lands Workforce
Federal Wildland Firefighters
Tim Hart Wildland Firefighter Pay Parity
Federal wildland firefighter pay
In general
Not later than 1 year after the date of enactment of this Act—
the minimum rate of basic pay for any Federal wildland firefighter position shall be not less than the rate of pay for step 3 of GS–6 of the General Schedule; and
any such position shall receive locality pay under section 5304 of title 5, United States Code, at the rate of Rest of U.S.
.
Annual adjustments
Notwithstanding any other provision of law, beginning in the first pay period beginning on or after the date that the minimum rates of pay under paragraph (1) begin to apply, and annually thereafter, the basic rate of pay for each Federal wildland firefighter shall be increased by not less than the percentage equal to the percent change in the Consumer Price Index (all items—United States city average), published monthly by the Bureau of Labor Statistics, for December of the preceding year over such Consumer Price Index for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent.
Compensation comparable to non-Federal firefighters
Not later than 1 year after the date the minimum rates of pay under paragraph (1) begin to apply, the Secretary of Agriculture and the Secretary of the Interior shall submit a report to Congress on whether pay, benefits, and bonuses provided to Federal wildland firefighters are comparable to the pay, benefits, and bonuses provided for non-Federal firefighters in the State or locality where Federal wildland firefighters are based.
Hazardous duty pay
Each Federal wildland firefighter who is carrying out work completed during prescribed fire, parachuting, tree climbing over 20 feet, hazard tree removal, and other hazardous work as identified by the Secretary of Interior and the Secretary of Agriculture, shall be considered an employee in an occupational series covering positions for which the primary duties involve the prevention, control, suppression, or management of wildland fires under section 5545(d) of title 5, United States Code. The Director of the Office of Personnel Management may prescribe regulations to carry out this paragraph.
Mental health leave
Each Federal wildland firefighter shall be entitled to 7 consecutive days of leave, without loss or reduction in pay, during any calendar year. Leave provided under this paragraph shall not—
accumulate for use in succeeding years; and
be considered to be annual or vacation leave for purposes of section 5551 or 5552 of title 5, United States Code, or for any other purpose.
Pay parity for Federal structural firefighters
In general
Not later than 1 year after the date of enactment of this Act, any pay, benefits, and bonuses provided to any Federal structural firefighter shall be comparable with the pay, benefits, and bonuses provided for Federal wildland firefighters.
Report
Not later than 1 year after the date the minimum rates of pay under subsection (a)(1) begin to apply, the Director of the Office of Personnel Management shall submit a report to Congress on whether pay for such Federal structural firefighters is competitive with Federal wildland firefighters
Definitions
In this section—
the term Federal structural firefighter—
has the meaning given the term firefighter in section 8401 of chapter 84 of title 5, United States Code; and
does not include any Federal wildland firefighter; and
the term Federal wildland firefighter means any individual occupying a position within the Wildland Fire Management Series, 0456 established by the Office of Personnel Management pursuant to section 40803(d) of the Infrastructure Investment and Jobs Act (Public Law 117–58), or any subsequent series.
Waiver of premium pay limitations for certain employees engaged in emergency wildland fire suppression activities
Short title
This section may be cited as the Wildland Firefighter Fair Pay Act
.
Definitions
In this section:
Covered employee
The term covered employee means an employee of the Department of Agriculture, the Department of the Interior, or the Department of Commerce.
Covered services
The term covered services means services performed by a covered employee that are determined by the Secretary concerned to be primarily relating to emergency wildland fire suppression activities.
Premium pay
The term premium pay means the premium pay paid under the provisions of law described in section 5547(a) of title 5, United States Code.
Secretary concerned
The term Secretary concerned means—
the Secretary of Agriculture, with respect to an employee of the Department of Agriculture;
the Secretary of the Interior, with respect to an employee of the Department of the Interior; and
the Secretary of Commerce, with respect to an employee of the Department of Commerce.
Waiver of premium pay period limitation
Any premium pay for covered services shall be disregarded in calculating the aggregate of the basic pay and premium pay for the applicable covered employee for purposes of a pay period limitation under section 5547(a) of title 5, United States Code, or under any other provision of law.
Waiver of annual premium pay limitation
Any premium pay for covered services shall be disregarded in calculating any annual limitation on the amount of overtime pay payable in a calendar year or fiscal year under section 5547(b) of title 5, United States Code.
Pay limitation
A covered employee may not be paid premium pay if, or to the extent that, the aggregate amount of the basic pay and premium pay (including premium pay for covered services) of the covered employee for a calendar year would exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of that calendar year.
Treatment of additional premium pay
If the application of this section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional premium pay shall not be—
considered to be basic pay of the covered employee for any purpose; or
used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or 5552 of title 5, United States Code.
Overtime rates
Section 5542(a)(5) of title 5, United States Code, is amended by striking the United States Forest Service in
.
Direct hire authority
Short title
This section may be cited as the Conservation Jobs Act of 2022
.
Direct hire authority
Section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding at the end the following:
Direct hire authority
In general
Subject to subparagraph (B), the Secretary of Agriculture may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such title), covered graduates directly to any position with the Forest Service for which the candidate meets Office of Personnel Management qualification standards.
Limitations
The Secretary may not appoint under subparagraph (A)—
during fiscal year 2023, more than 10 covered job corps graduates;
during fiscal year 2024, more than 20 covered job corps graduates;
during fiscal year 2025, more than 30 covered job corps graduates; and
during fiscal year 2026 and each fiscal year thereafter, more than 50 covered job corps graduates.
Covered job corps graduate defined
In this paragraph, the term covered graduate means a graduate of a Civilian Conservation Center who successfully completed a training program, including in administration, human resources, business, or quality assurance, that was focused on forestry, wildland firefighting, or another topic relating to the mission of the Forest Service.
.
Authorization of Appropriations for Forest Service Fire and Non-Fire Salaries and Expenses
In general
There is authorized to be appropriated—
for salaries and expenses of fire-related employees of the Forest Service to carry out wildfire preparedness under the wildland fire management program authorized pursuant to the Organic Administration Act of 1897 (16 U.S.C. 551), $1,615,600,000 for fiscal year 2023 and each fiscal year thereafter; and
for salaries and expenses of National Forest System employees not described in paragraph (1) to carry out activities for the stewardship and management of the National Forest System, $2,353,400,000 for fiscal year 2023 and each fiscal year thereafter.
Other Personnel
National Environmental Policy Act strike teams
Establishment
Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall, for each region of the Forest Service, establish and maintain at least one NEPA strike team per region.
Priority assignments
The Secretary of Agriculture shall give priority assignments to NEPA strike teams established under subsection (a) that serve—
areas of the National Forest System with a high or very high risk of wildfire; and
at-risk communities with a significant number or percentage of homes exposed to wildfire.
Composition of strike teams
Strike teams established under subsection (a) shall, to the maximum extent practicable, consist of interdisciplinary members who have demonstrated success in the efficient and effective completion of all stages of compliance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.).
Community mitigation assistance teams
In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall, for each region of the Forest Service, establish and maintain at least one community mitigation assistance team.
Priority assignments
The Secretary of Agriculture shall give priority assignments to community mitigation assistance teams established under subsection (a) that serve at-risk communities with a significant number or percentage of homes exposed to a high or very high risk of wildfire.
Assessments
With respect to a community mitigation assistance team established under subsection (a), the Secretary of Agriculture may—
at the request of a State or political subdivision, assign such a team to provide pre-fire assessments; and
assign such a team to an area or community to provide post-fire assessments.
Filling Forest Service recreation management staff vacancies
In general
The Secretary of Agriculture, acting through the Chief of the Forest Service, shall fill vacancies in Forest Service recreation management and planning staff, including recreation technicians, recreation officers, and natural resource managers.
Priority
The Secretary shall prioritize filling vacancies under subsection (a) in units of the National Forest System that—
are at high or very high risk of wildfires; and
are located in areas of substantial public use.
Training and certification as a Forest Protection Officer
The Secretary may provide the opportunity for any individual who fills a vacancy pursuant to subsection (a) to receive training and certification as a Forest Protection Officer.
Filling vacancies and increasing number of positions available in the Forest Service to address public safety and protection concerns
In general
The Secretary of Agriculture, acting through the Chief of the Forest Service, shall—
fill vacancies in the Forest Service in roles that primarily address public safety and protection;
assess the number of positions necessary to promote public safety and protect resources from unauthorized use; and
seek to increase the number of positions available, as described in paragraph (2), as appropriate.
Priority
The Secretary shall prioritize filling vacancies and increasing the number of positions under subsection (a) in units of the National Forest System that—
are at high or very high risk of wildfires; and
are located in areas of substantial public use.
Wildfire, Ecosystem Protection, Community Preparedness, and Recovery
10–Year National Wildfire Plan
Definitions
In this subtitle:
Plan
The term Plan means the plan required under section 202(a).
Secretaries
The term Secretaries means the Secretary of Agriculture and the Secretary of the Interior.
Secretary concerned
The term Secretary concerned means—
the Secretary of Agriculture, with respect to National Forest System lands; and
the Secretary of the Interior, with respect to public lands.
Implementation of 10-year National Wildfire Plan
In general
The Secretary of Agriculture shall, in coordination with the Secretary of the Interior, implement a 10-year National Wildfire Plan that—
includes—
hazardous fuels and prescribed fire activities to address wildfire risk;
vegetation, watershed, wildlife and fisheries habitat management to maintain habitat and improve ecological conditions, including—
protecting mature and old-growth trees and forests;
maintaining habitat in a way that advances at-risk species recovery and conservation; and
completing consultations required under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
management of recreation, heritage, and wilderness programs;
activities under the Joint Fire Science Program to address wildfire risk;
the activities required under this subtitle;
the activities included in—
the National Cohesive Wildland Fire Management Strategy (and successor documents);
the Wildfire Crisis Strategy entitled Confronting the Wildfire Crisis: A Strategy for Protecting Communities and Improving Resilience in America’s Forests
and dated January 2022 (and successor documents);
the Wildfire Crisis Strategy Implementation Plan entitled Wildfire Crisis Implementation Plan
and dated January 2022 (and successor documents); and
the Wildfire Crisis Landscape Investments plan entitled Confronting the Wildfire Crisis: Initial Landscape Investments to Protect Communities and Improve Resilience in America’s Forests
dated April 2022 (and successor documents); and
such other wildfire-related activities as determined appropriate by the Secretary of Agriculture or the Secretary of the Interior, in accordance with existing law and regulations; and
in accordance with section 203, prioritizes carrying out landscape-scale restoration projects.
Coordination
In carrying out subsection (a), to the maximum extent practicable, the Secretary of Agriculture, in coordination with the Secretary of Interior, shall—
utilize cooperative forestry authorities and agreements, including but not limited to the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.);
solicit proposals from States, counties, and Tribes to address water quantity and quality concerns;
solicit proposals from States, counties, and Tribes for hazardous fuels treatments;
consider the long-term State-wide assessments and forest resource strategies established in section 2A the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a); and
provide priority to collaboratively developed projects.
Funding
Authorization of appropriations
Hazardous fuels and prescribed fire
There is authorized to be appropriated to the Secretary of Agriculture to carry out hazardous fuels and prescribed fire activities under subsection (a)(1)(A), $500,000,000 for each of fiscal years 2023 through 2032.
Vegetation, watershed, wildlife, and fisheries management
There is authorized to be appropriated to the Secretary of Agriculture to carry out vegetation, watershed, wildlife and fisheries management activities under subsection (a)(1)(B), $500,000,000 for each of fiscal years 2023 through 2032.
Recreation, heritage, wilderness
There is authorized to be appropriated to the Secretary of Agriculture to carry out recreation, heritage, and wilderness programs under subsection (a)(1)(C), $500,000,000 for each of fiscal years 2023 through 2032.
Joint Fire Science Program
There is authorized to be appropriated to carry out wildfire risk reduction and research activities of the Joint Fire Science Program pursuant to the Plan, $20,000,000, for each of fiscal years 2023 through 2032, of which—
$10,000,000 shall be made available to the Secretary of Agriculture; and
$10,000,000 shall be made available to the Secretary of the Interior.
Hazardous fuels
Permissive use
Of the amounts made available pursuant to paragraph (1)(A) for a fiscal year, up to 10 percent may be used to cover a portion of wildland firefighter salaries, so long as the positions to which such salaries apply are full-time and cover projects and activities to reduce wildfire risk.
Limitation
The amounts made available pursuant to paragraph (1)(A) may not be used to cover any portion of wildland firefighter salaries if the activities to reduce wildfire risk are considered wildfire suppression activities.
Selection and implementation of landscape-scale forest restoration projects
In general
In carrying out the Plan, the Secretary of Agriculture shall select, in accordance with this section, landscape-scale forest restoration projects—
to implement on National Forest System land; and
if applicable, to implement on land adjoining National Forest System land, in coordination with other Federal and non-Federal entities.
Initial phase
During the 5-year period beginning on the date of enactment of this Act, subject to the availability of appropriations, the Secretary of Agriculture shall select not more than 20 landscape-scale forest restoration projects under subsection (a).
Eligibility requirements
In general
Subject to paragraph (2), to be eligible for selection and implementation under subsection (a), a landscape-scale forest restoration project shall satisfy the following requirements:
The purposes and needs for the project shall be—
to restore the ecological integrity and ecological resilience of terrestrial and aquatic areas that have departed from reference conditions within the forest landscape;
to restore appropriate natural fire regimes, including by reducing fuel loads in areas that have departed from reference conditions, taking into account the current and projected impacts of climate change; and
to conduct wildfire risk reduction activities within the wildland-urban interface to the extent that the project includes lands within the wildland-urban interface.
The project shall be developed and supported by a collaborative group that—
includes multiple interested persons representing diverse interests;
is transparent and inclusive; and
has sufficient expertise, capacity, and scientific support to effectively plan, implement, and monitor landscape-level, ecologically based forest restoration activities.
The project shall be based on a landscape assessment that shall—
cover a landscape of—
except as provided in subclauses (II) and (III), not less than 100,000 acres;
in such limited cases as the Secretary of Agriculture determines to be appropriate, not less than 80,000 acres if—
the assessment is completed or substantially completed as of the date of enactment of this Act; and
in the determination of the Secretary of Agriculture, assessing a larger area is not necessary to restore the integrity, resilience, and fire regimes of the landscape; or
not less than 50,000 acres in the case of a project that is carried out east of the 100th meridian;
evaluate ecological integrity and determine reference conditions for the landscape;
identify terrestrial and aquatic areas within the landscape that have departed from reference conditions;
identify criteria to determine appropriate restoration treatments within degraded areas of the landscape to achieve reference conditions, including management prescriptions and necessary mitigation measures to protect at-risk species;
be based on the best available scientific information and data, including, where applicable, high-resolution imagery, LiDAR, and similar technologies and information, and involve direct engagement by scientists; and
identify priority restoration strategies for terrestrial and aquatic areas, including prescribed fire and wildfires managed for multiple resource benefits, which shall focus on—
areas that are the most departed from reference conditions; and
areas that would benefit the most from reducing the risk of uncharacteristic wildfire, especially with respect to nearby communities, taking into account other completed, ongoing, planned fuels-reduction projects, and the effects of recent wildfires.
Restoration treatments under the project—
shall emphasize the reintroduction of characteristic fire, based on forest ecology and reference conditions, through the use of prescribed fire, wildfire, or both;
that involve any proposed mechanical treatments shall be designed to promote—
the restoration of reference conditions in areas that lack ecological integrity, with a focus on the reduction of surface and ladder fuels; and
the establishment of conditions that will facilitate prescribed fire or managed wildfire;
shall—
fully maintain or contribute to the restoration of reference old forest conditions, taking into account the current and projected impacts of climate change; and
protect or increase the number and distribution of large old trees, consistent with reference conditions, excepting any de minimis losses of large old trees from prescribed fire or hazardous tree removal; and
that involve prescribed fire shall provide advance notification, in accordance with notification procedures developed by the Secretary of Agriculture, to the owner or operator of critical infrastructure, such as a power line right-of-way, of any prescribed fire treatments within close proximity to the infrastructure.
The project shall be consistent with all applicable environmental laws, including—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.).
The project shall be consistent with section 208.
The project shall require multiparty monitoring, including opportunities for public engagement, and an adaptive management approach that—
conditions the future implementation of the project on the satisfactory completion of—
priority restoration actions; and
required monitoring after implementation;
validates conditions projected to occur in the environmental analysis for the project; and
requires modifications to the project if monitoring reveals impacts beyond the anticipated impacts of the project.
No new permanent road may be built as part of the project.
Any new temporary roads needed to implement the project shall be decommissioned not later than 3 years after completion of the project.
The project shall use an efficient approach to landscape-scale analysis and decisionmaking that is consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), which may include—
the preparation of a single environmental impact statement or environmental assessment, as applicable, for the entire project, incorporating the landscape assessment described in subparagraph (C);
the use of, as applicable—
multiple records of decision to implement a single environmental impact statement; or
multiple decision notices to implement a single environmental assessment;
the preparation of a programmatic environmental impact statement or environmental assessment, as applicable, for the entire project, incorporating the landscape assessment described in subparagraph (C), followed by focused, concise, and site-specific—
environmental assessments; or
categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
the use of the landscape assessment described in subparagraph (C), through incorporation by reference and similar approaches, to support focused, concise, and site-specific—
environmental assessments; or
categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Exception
If the Secretary of Agriculture determines that there are an insufficient number of projects that fully comply with the requirements described in paragraph (1) to implement based on all available funding, then the Secretary of Agriculture may, during the 2-year period beginning on the date of enactment of this Act, select under subsection (a) not more than a total of 5 landscape-scale forest restoration projects to implement that do not fully comply with those requirements if the projects—
fully comply with the requirements described in subparagraphs (B), (D), (E), (F), (G), (H), and (I) of that paragraph;
in the determination of the Secretary of Agriculture, have purposes and needs that are consistent with the purposes and needs described in subparagraph (A) of that paragraph; and
are supported by landscape assessments that are substantially (if not completely) consistent with the requirements described in subparagraph (C) of that paragraph, subject to the condition that the applicable landscape assessments fully comply with the requirements described in clauses (i) and (v) of that subparagraph.
Evaluation of eligible projects
In general
In determining which landscape-scale forest restoration projects to select under subsection (a), the Secretary of Agriculture shall consider—
the criteria described in paragraph (2);
the extent to which the project utilizes the approaches to project implementation described in paragraph (3); and
the recommendations of the advisory panel established under subsection (e).
Criteria
The criteria referred to in paragraph (1)(A) are—
the demonstrated need, based on the best available science, to restore ecological integrity to degraded or departed areas within the landscape covered by the project, taking into account the current and projected impacts of climate change;
the importance of watersheds in the area covered by the project for downstream waters supply; and
the opportunity to improve the ecological integrity and ecological conditions of those watersheds and reduce risks to water resources through landscape-scale forest restoration;
the potential extent of cost sharing for the development and implementation of the project from diverse sources, such as State or local governments, water or electric utilities, carbon credits, or private entities; and
the proportion of the non-Federal cost share that is in the form of cash contributions;
whether the area covered by the project has high-resolution, remote-sensing data and other information available that enables a landscape assessment and a robust analysis and disclosure of the effects and outcomes of implementing restoration activities;
whether the project is using, or will use, innovative approaches to completing resource surveys that are less costly and less time-consuming than usual practices while providing the information necessary for project design and analysis;
whether the project will reduce the number of miles of permanent roads on National Forest System land that are not necessary for resource management or recreational access;
whether the project will assess or quantify the ecosystem service benefits of forest restoration within the landscape covered by the project, such as water, carbon, biodiversity, fire risk reduction, public health, and community safety;
whether the project has the potential to support new or existing wood processing infrastructure that can make economic use of the byproducts of forest restoration;
whether the project has the potential to support local employment and investment opportunities, particularly in economically disadvantaged communities;
the scale of the landscape assessment for the project, with a preference for projects for which the landscape assessment covers a larger area; and
whether the project—
strives to restore ecological integrity and ecological conditions within areas across land ownerships, including State and private land; and
will reduce the risk of uncharacteristic wildfire, and, to the extent practicable, restore ecological integrity, within the wildland-urban interface.
Collaboration
The Secretary of Agriculture may coordinate with Federal, State, local, and Tribal agencies with respect to selection and implementation under subsection (a), a landscape-scale forest restoration project.
Advisory panel
In general
The Secretary of Agriculture shall establish and maintain an advisory panel composed of not more than 15 members to evaluate, and provide recommendations on—
each landscape-scale forest restoration project that the Secretary of Agriculture is reviewing for potential selection under subsection (a); and
proposals for planning and developing landscape-scale forest restoration projects.
Representation
The Secretary of Agriculture shall ensure that the membership of the advisory panel established under paragraph (1) is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory panel.
Inclusion
The advisory panel established under paragraph (1) shall include experts in ecological forest restoration, fire ecology, fire management, rural economic and workforce development, strategies for ecological adaptation to climate change, fish and wildlife ecology, and woody biomass and small-diameter tree utilization.
Exemption
The advisory panel established under paragraph (1) shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
Youth and conservation corps assistance with projects under the Plan
In carrying out projects under the Plan, the Secretaries shall, to the maximum extent practicable—
identify appropriate projects to be carried out by, and enter into cooperative agreements to carry out such projects with—
qualified youth or conservation corps (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)); or
nonprofit wilderness and trails stewardship organizations, including—
the Corps Network;
the National Wilderness Stewardship Alliance;
American Trails; and
other public lands stewardship organizations, as appropriate; and
waive any matching funds requirements, including under section 212(a)(1) of the Public Lands Corps Act of 1993 (16 U.S.C. 1729(a)(1)).
Prescribed fire training exchanges
Western prescribed fire centers
In general
In carrying out the Plan, the Secretaries shall establish 1 or more centers to train individuals in prescribed fire methods and other methods relevant to the mitigation of wildfire risk (referred to in this subsection as a center).
Host institutions
The 1 or more centers shall be—
located at 1 or more institutions of higher education; or
developed in collaboration with 1 or more institutions of higher education.
Goals
The 1 or more centers shall advance the following goals:
Training individuals and conducting research on prescribed fire methods and other restoration methods relevant to the mitigation of wildfire risk.
Developing and advancing interdisciplinary science relating to wildfire, including social science and human dimensions of wildfire.
Conducting ongoing and forward-looking needs assessments among stakeholders, including Federal and State agencies and Indian Tribes, to determine common need requirements and emerging challenges to reduce wildfire risk and adapt communities to increased risk from wildfire, including the following hazard-related focus areas:
Increasing disaster resilience.
Mitigation and management methods.
Air quality.
Firestorm weather forecasting and burn-area debris flow forecasting, including empirical and modeling research.
Collaborating with Federal wildfire scientists at the Forest Service, the Department of the Interior, and other related Federal agencies.
Identifying, through a detailed engagement process targeting defined end-users, the requirements and delivery mechanisms for products and services that are practical and will have an impact on mitigating wildfire risk.
Promoting technology transfer with pathways for dissemination, implementation, and application of research results on the ground, using and enhancing previous research.
Ensuring the connectivity and interoperability of distributed services to maximize synergies and benefits across services.
Developing open digital infrastructure to make research data, science, and models open for all sectors to use.
Collaborating with prescribed fire and wildfire science programs, including the Joint Fire Science Program, Fire Science Exchange Networks, and State and Regional Prescribed Fire Associations.
Advancing best practices and training for safely pursuing, conducting, and controlling prescribed fires.
Creating processes to facilitate public comment prior to prescribed fire implementation.
Location
In general
The 1 or more centers shall be located in any State the entirety of which is located west of the 100th meridian.
Consultation
The Secretaries shall consult with the Joint Fire Science Program to solicit and evaluate proposals for the location of the 1 or more centers.
Selection
Not later than 1 year after the date of enactment of this Act, based on the consultation under subparagraph (B), the Secretaries shall select a location for the 1 or more centers.
Additional training centers
Subject to the availability of appropriations, not later than September 30, 2023, the Secretary of the Interior, in cooperation with the Secretary of Agriculture, shall—
establish and operate a prescribed fire training center in a western State;
continue to operate a prescribed fire training center in an eastern State;
establish a virtual prescribed fire training center; and
establish and maintain a Strategic Wildfire Management Training Center.
Ecosystem restoration grant fund through National Fish and Wildlife Foundation
Establishment
Not later than 180 days after the date of enactment of this section, the Secretary shall enter into a cooperative agreement with the Foundation to establish the Community Resilience and Restoration Fund at the Foundation to—
improve community safety in the face of climactic extremes through conservation and protection of restoration and resilience lands;
to protect, conserve, and restore restoration and resilience lands in order to help communities respond and adapt to natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate;
to build the resilience of restoration and resilience lands to adapt to, recover from, and withstand natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate change;
to protect and enhance the biodiversity of wildlife populations, with special consideration to the recovery and conservation of at-risk species, across restoration and resilience lands;
to support the health of restoration and resilience lands for the benefit of present and future generations;
to foster innovative, nature-based solutions that help meet the goals of this section; and
to enhance the nation’s natural carbon sequestration capabilities and help communities strengthen natural carbon sequestration capacity where applicable.
Management of the Fund
The Foundation shall manage the Fund—
pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.); and
in such a manner that, to the greatest extent practicable and consistent with the purposes for which the Fund is established—
ensures that amounts made available through the Fund are accessible to historically underserved communities, including Tribal communities, communities of color, and rural communities; and
avoids project selection and funding overlap with those projects and activities that could otherwise receive funding under—
the National Oceans and Coastal Security Fund, established under the National Oceans and Coastal Security Act (16 U.S.C. 7501); or
other coastal management focused programs.
Competitive grants
In general
To the extent amounts are available in the Fund, the Foundation shall award grants to eligible entities through a competitive grant process in accordance with procedures established pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) to carry out eligible projects and activities, including planning eligible projects and activities.
Proposals
The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section.
Use of Amounts in the Fund
Planning
Not less than 8 percent of amounts appropriated annually to the Fund may be used to plan eligible projects and activities, including capacity building.
Administrative costs
Not more than 4 percent of amounts appropriated annually to the Fund may be used by the Foundation for administrative expenses of the Fund or administration of competitive grants offered under the Fund.
Not more than 4 percent of the amounts appropriated annually to the Fund may be used by the United States Fish and Wildlife Service for administrative expenses.
Priority
Not less than $10,000,000 of the amounts appropriated annually to the Fund shall be awarded annually to support eligible projects and activities for Indian Tribes.
Coordination
The Secretary and Foundation shall ensure, to the greatest extent practicable and through meaningful consultation, that input from Indian Tribes, including traditional ecological knowledge, is incorporated in the planning and execution of eligible projects and activities.
Reports
Annual Reports
Beginning at the end the first full fiscal year after the date of enactment of this section, and not later than 60 days after the end of each fiscal year in which amounts are deposited into the Fund, the Foundation shall submit to the Secretary a report on the operation of the Fund including—
an accounting of expenditures made under the Fund, including leverage and match as applicable;
an accounting of any grants made under the Fund, including a list of recipients and a brief description of each project and its purposes and goals; and
measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience.
5–Year Reports
Not later than 90 days after the end of the fifth full fiscal year after the date of enactment of this section, and not later than 90 days after the end every fifth fiscal year thereafter, the Foundation shall submit to the Secretary a report containing—
a description of any socioeconomic, biodiversity, community resilience, or climate resilience or mitigation (including natural carbon sequestration), impacts generated by projects funded by grants awarded by the Fund, including measures and metrics illustrating these impacts;
a description of land health benefits derived from projects funded by grants awarded by the Fund, including an accounting of—
lands treated for invasive species;
lands treated for wildfire threat reduction, including those treated with controlled burning or other natural fire-management techniques; and
lands restored either from wildfire or other forms or degradation, including over-grazing and sedimentation;
key findings for Congress, including any recommended changes to the authorization or purposes of the Fund;
best practices for other Federal agencies in the administration of funds intended for land and habitat restoration;
information on the use and outcome of funds specifically set aside for planning and capacity building pursuant to subsection (d)(1); and
any other information that the Foundation considers relevant.
Submission of Reports to Congress
Not later than 10 days after receiving a report under this section, the Secretary shall submit the report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate.
Authorization of Appropriations
There is hereby authorized to be appropriated to the Fund $100,000,000 for each of fiscal years 2023 through 2032 to carry out this section.
Definitions
For purposes of this section:
The term eligible entity means a Federal agency, State, the District of Columbia, a territory of the United States, a unit of local government, an Indian Tribe, a non-profit organization, or an accredited institution of higher education.
The term eligible projects and activities means projects and activities carried out by an eligible entity on public lands, Tribal lands, or private land, or any combination thereof, to further the purposes for which the Fund is established, including planning and capacity building and projects and activities carried out in coordination with Federal, State, or Tribal departments or agencies, or any department or agency of a subdivision of a State.
The term Foundation means the National Fish and Wildlife Foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.).
The term Fund means the Community Resilience and Restoration Fund established under subsection (a).
The term Indian Tribe means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
The term restoration and resilience lands means fish, wildlife, and plant habitats, and other important natural areas in the United States, on public lands, private land (after obtaining proper consent from the landowner), or land of Indian Tribes, including grasslands, shrublands, prairies, chapparral lands, forest lands, deserts, and riparian or wetland areas within or adjacent to these ecosystems.
The term public lands means lands owned or controlled by the United States.
The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
The term State means a State of the United States, the District of Columbia, any Indian Tribe, and any commonwealth, territory, or possession of the United States.
National community capacity and land stewardship grant program
Definitions
In this section:
Community capacity
The term community capacity means the ability of an eligible entity to carry out or assist in a land stewardship activity.
Disadvantaged community
The term disadvantaged community means—
a low-income community (as defined in section 45D(e) of the Internal Revenue Code of 1986); and
a community that includes a significant population that has been systematically denied a full opportunity to participate in aspects of economic, social, and civic life based on a particular characteristic, such as Black, Latino, Indigenous, and Native American persons, Asian Americans, Pacific Islanders, and other persons of color.
Eligible entity
The term eligible entity means any the following entities that is located in or represents a disadvantaged community:
An organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code.
A collaborative group fiscally sponsored by an organization described in subparagraph (A).
A unit of local government.
An Indian Tribe.
A special district government, as defined by the Director of the Bureau of the Census.
Ecological integrity
The term ecological integrity has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Indian Tribe
The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Land stewardship activity
The term land stewardship activity means any of the following activities, as applied to a qualifying project:
Planning.
Collaboration and building community support.
Implementation on land other than National Forest System land.
Monitoring, including multiparty monitoring, and adaptive management.
Qualifying project
The term qualifying project means any of the following activities that takes place at least in substantial part on National Forest System land or national grasslands:
Restoration of the ecological integrity of a forest, meadow, grassland, prairie, or other habitat.
Tribal management for aligned cultural and ecological values.
Enhancing community wildfire resilience in the wildland-urban interface.
Increasing equitable access to environmental education and volunteerism opportunities.
Restoration
The term restoration has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Purpose
The purpose of this section is to support increasing community capacity, partnerships, and collaborations within and involving disadvantaged communities for land stewardship activities and restoration of ecological integrity on—
National Forest System land;
national grasslands; and
adjacent private, State, and trust land associated with the health and resilience of land described in paragraphs (1) and (2).
Administration
In general
The Secretary may issue grants to eligible entities for increasing community capacity for land stewardship activities and related activities based on the criteria described in subsection (d).
Federal cost-share
In general
The Secretary may fund up to 100 percent of the cost of land stewardship activities and related activities carried out using a grant issued under paragraph (1).
Matching eligibility
A grant issued under this section may be considered a non-Federal matching contribution from the eligible entity that received the grant towards other sources of Federal funding.
Duration
The Secretary may issue a grant under paragraph (1) for a period of 1 or more years.
Maximum grant amount
The amount of a grant issued under paragraph (1) shall be not more than $50,000 per year.
Applicable laws
The Secretary shall administer grants under paragraph (1) in accordance with all applicable Federal and State laws.
Criteria for awarding grants
In general
Subject to paragraph (2), the Secretary shall award grants to eligible entities under subsection (c)(1) on a competitive basis in accordance with the following criteria:
The extent to which the proposed land stewardship activities benefit units of the National Forest System and national grasslands over the short and long term.
The extent to which valuable ecological, economic, and social benefits to disadvantaged communities, including job creation and business development or retention, are likely to result from the scope of the land stewardship activities.
The extent to which the grant would benefit disadvantaged communities that have historically received less investment in collaborative capacity.
The extent to which the proposal brings together diverse interests through planning, collaboration, implementation, or monitoring of land stewardship activities to benefit units of the National Forest System or national grasslands.
The extent to which the grant funds appear to be critical for the success of the eligible entity and the identified land stewardship activities.
The extent to which the budget for the land stewardship activities is reasonable given the anticipated outcomes.
Set-aside for Indian Tribes
The Secretary shall allocate not less than 10 percent of the funding awarded under this section to Indian Tribes or eligible entities representing Indian Tribes.
Annual reviews
In general
The Secretary shall establish and maintain an advisory panel composed of not more than 15 members to provide feedback each year to the Chief of the Forest Service on the extent to which the implementation of this section is fulfilling the purpose described in subsection (b).
Inclusions
The advisory panel established under paragraph (1) shall include representation from a diversity of public land stakeholders from across interest groups, including—
not fewer than 8 members representing the interests of a diversity of disadvantaged communities; and
not fewer than 2 members representing not fewer than 2 Indian Tribes.
Exemption
The advisory panel established under paragraph (1) shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
Report evaluating program implementation
In general
Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture, the Committee on Natural Resources, and the Committee on Appropriations of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate a report evaluating the implementation of this section, including—
a list of the eligible entities and land stewardship activities selected for funding under this section and the accomplishments of those activities; and
an evaluation of the extent to which the implementation of this section is fulfilling the purpose described in subsection (b).
Consultation; contracting
In preparing the report under paragraph (1), the Secretary—
shall consult with the advisory panel established under subsection (e)(1); and
may contract with a third party to complete an evaluation of the implementation of this section to inform the report.
Authorization of appropriations
In general
There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2023 through 2032.
Distribution
The Secretary shall, to the maximum extent practicable, distribute amounts made available under paragraph (1) in a geographically equitable manner.
Administrative costs
Not more than 10 percent of any amounts made available to carry out this section may be used for administrative management and program oversight.
Protection of inventoried roadless areas
The Secretary of Agriculture shall not authorize road construction, road reconstruction, or the cutting, sale, or removal of timber on National Forest System lands subject to the Roadless Area Conservation Rule as published on January 12, 2001 (66 Fed. Reg. 3243) except as provided in—
subpart B of part 294 of title 36, Code of Federal Regulations (as in effect on January 12, 2001);
subpart C of part 294 of title 36, Code of Federal Regulations (as in effect on October 16, 2008 for Idaho); and
subpart D of part 294 of title 36, Code of Federal Regulations (as provided for Colorado on July 3, 2012 and December 19, 2016).
Strategic wildland fire management planning for prescribed fire
In general
Not later than September 30, 2024, the Secretary concerned shall, in accordance with this section, establish a spatial fire management plan for any prescribed fire.
Use of existing information
To comply with this section, the Secretary concerned may use a fire management plan in existence on the date of enactment of this Act, and information from the Wildland Fire Decision Support System and the Interagency Fuels Treatment Decision Support System.
Updates
To be valid, a spatial fire management plan established under this section shall not be in use for longer than the 10-year period beginning on the date on which the plan is established.
Contents
For each spatial fire management plan established under this section, the Secretary concerned shall—
base the plans on a landscape-scale risk assessment that includes—
risks to firefighters;
risks to communities;
risks to highly valuable resources; and
other relevant considerations determined by the Secretary concerned;
include direction, represented in spatial form, from land management plans and resource management plans;
in coordination with States, delineate potential operational delineations that—
identify potential prescribed fire or wildfire control locations; and
specify the places in which firefighters will not be sent because of the presence of unacceptable risk, including areas determined by the Secretary concerned as—
exceeding a certain slope;
containing too high of a volume of hazardous fuels, under certain weather conditions; or
containing other known hazards;
include a determination of average severe fire weather for the plan area;
include prefire planning provisions;
include a plan for emergency wildfire suppression activities; and
include, at a minimum, any other requirement determined to be necessary by the Secretary concerned.
Consistency with management plans
The spatial fire management plans established under this section shall, to the maximum extent practicable, be consistent with the fire management objectives and land management objectives in the applicable land management plan or resource management plan.
Revisions to land management plans and resource management plans
A revision to a land management plan or resource management plan shall consider fire ecology and fire management in a manner that facilitates the issuance of direction for an incident response.
Long-Term Burned Area Recovery account
Establishment of account
There is established in the Treasury of the United States the Long-Term Burned Area Recovery account for the Department of Agriculture.
Authorization of appropriations
There are authorized to be appropriated for fiscal year 2023 and each fiscal year thereafter for the account established by subsection (a) such sums as are necessary to carry out the activities described in subsection (d), not to exceed $100,000,000.
Annual requests
For fiscal year 2023 and each fiscal year thereafter, the Secretary of Agriculture shall submit to Congress and in accordance with subsection (b), a request for amounts necessary to carry out the activities described in subsection (d).
Authorized activities
The Secretary of Agriculture shall use amounts in the account established by subsection (a) for recovery projects—
that begin not earlier than 1 year after the date on which the wildfire was contained;
that are—
scheduled to be completed not later than 3 years after the date on which the wildfire was contained; and
located at sites impacted by wildfire on non-Federal or Federal land; and
that restore the functions of an ecosystem or protect life or property.
Prioritization of funding
The Secretary of Agriculture shall prioritize, on a nationwide basis, projects for which funding requests are submitted under this section, based on—
downstream effects on water resources; and
public safety.
Report on 10-year National Wildfire Plan implementation
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department of Agriculture shall submit to Congress a report on the progress made in the prior year towards completing the goals established under the Plan that includes—
the amount of funding appropriated to carry out the Plan pursuant to the provisions of this subtitle with respect to the prior fiscal year; and
recommendations to improve implementation of the Plan.
Performance metrics tracking
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Agriculture shall submit to Congress an assessment with respect to the prior year of the following:
The acres effectively treated by the Department of Agriculture on National Forest System lands to reduce wildfire risk or improve habitat condition—
within the wildland urban interface;
within backcountry areas (including roadless and wilderness);
within a priority watershed area;
within an identified wildlife corridor; and
for which prescribed fire or wildfire achieved an ecosystem management goal.
Watershed assessment of the National Forest System, including if watershed conditions have degraded, improved, or been maintained.
Carbon emissions and sequestration from National Forest System lands.
Tribal Biochar Promotion
Tribal and Alaska Native Biochar demonstration project
The Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) is amended as follows:
In section 2—
by striking subsection (a);
by redesignating subsections (b) through (g) as subsections (a) through (f), respectively;
by striking subsection (b)
each place it appears and inserting subsection (a)
; and
by striking subsection (c)
each place it appears and inserting subsection (b)
.
By adding at the end the following:
Tribal and Alaska Native Biochar Demonstration Project
Stewardship contracts or similar agreements
For each of fiscal years 2021 through 2030, the Secretary shall enter into stewardship contracts or similar agreements (excluding direct service contracts) with Indian Tribes or Tribal organizations to carry out demonstration projects to support the development and commercialization of biochar on Indian forest land or rangeland and in nearby communities by providing reliable supplies of feedstock from Federal land.
Demonstration projects
In each fiscal year for which demonstration projects are authorized under this section, not less than 4 new demonstration projects that meet the eligibility criteria described in subsection (c) shall be carried out under contracts or agreements described in subsection (a).
Eligibility Criteria
To be eligible to enter into a contract or agreement under this section, an Indian Tribe shall submit to the Secretary an application that includes—
a description of—
the Indian forest land or rangeland under the jurisdiction of the Indian Tribe; and
the demonstration project proposed to be carried out by the Indian Tribe; and
such other information as the Secretary may require.
Selection
In evaluating the applications submitted under subsection (c), the Secretary shall—
take into consideration whether a proposed project—
creates new jobs and enhances the economic development of the Indian Tribe;
demonstrates new and innovative uses of biochar, viable markets for cost effective biochar-based products, or ecosystem services of biochar;
improves the forest health or watersheds of Federal land or Indian forest land or rangeland;
demonstrates new investments in biochar infrastructure or otherwise promotes the development and commercialization of biochar;
is located in an area with—
nearby lands identified as having a high, very high, or extreme risk of wildfire;
availability of sufficient quantities of feedstock; or
a high level of demand for biochar or other commercial byproducts of biochar; or
any combination of purposes specified in subparagraphs (A) through (E); and
exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.
Implementation
The Secretary shall—
ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of the enactment of this section; and
to the maximum extent practicable, consult with Indian Tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section.
Report
Not later than 2 years after the date of the enactment of this section and every year thereafter, the Secretary shall submit to Congress a report that describes, with respect to the reporting period—
each individual Tribal application received under this section; and
each contract and agreement entered into pursuant to this section.
Incorporation of management plans
To the maximum extent practicable, on receipt of a request from an Indian Tribe, the Secretary shall incorporate into a contract or agreement with that Indian Tribe entered into pursuant to this section, management plans (including forest management and integrated resource management plans and Indian Trust Asset Management Plans) in effect on the Indian forest land or rangeland of that Indian Tribe.
Term
A contract or agreement entered into under this section—
shall be for a term of not more than 10 years; and
may be renewed in accordance with this section for not more than an additional 10 years.
Definitions
In this Act:
Biochar
The term biochar means carbonized biomass produced by converting feedstock through reductive thermal processing for non-fuel uses.
Federal land
The term Federal land means—
land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and
public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
Feedstock
The term feedstock means excess biomass in the form of plant matter or materials that serves as the raw material for the production of biochar.
Indian forest land or rangeland.
The term Indian forest land or rangeland means land that—
is held in trust by, or with a restriction against alienation by, the United States for an Indian Tribe or a member of an Indian Tribe; and
is Indian forest land (as defined in section 304 of the National Indian Forest Resources Management Act (25 U.S.C. 3103)); or
has a cover of grasses, brush, or any similar vegetation; or
formerly had a forest cover or vegetative cover that is capable of restoration.
Indian Tribe
The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Secretary
The term Secretary means—
the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and
the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management.
Tribal organization
The term Tribal organization has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
.
Other Matters
Requirements relating to certain fire suppression cost share agreements
Establishment of standard operating procedures
Not later than 1 year after the date of the enactment of this section, the covered Secretaries shall—
establish standard operating procedures relating to fire suppression cost share agreements established under the Act of May 27, 1955 (42 U.S.C. 1856a) (commonly known as the Reciprocal Fire Protection Act
); and
with respect to each fire suppression cost share agreement in operation on such date—
review each such agreement; and
modify each agreement as necessary to comply with the standard operating procedures required under paragraph (1).
Alignment of fire suppression cost share agreements with cooperative fire protection agreements
The standard operating procedures required under subsection (a)(1) shall include a requirement that each fire suppression cost share agreement be aligned with each of the cooperative fire protection agreements applicable to the entity subject to such fire suppression cost share agreement.
Second-Level review
The standard operating procedures required under subsection (a)(1) shall include—
a requirement that the covered Secretaries, to the maximum extent practicable, complete reviews, including second-level reviews of a fire suppression cost share agreement, as soon as practicable after a wildfire relating to the area covered by such fire suppression cost share agreement is contained; and
a requirement that in completing such reviews, the covered Secretaries consults with State and local fire suppression organizations.
Covered Secretaries defined
In this section, the term covered Secretaries means—
the Secretary of Agriculture;
the Secretary of the Interior;
the Secretary of Homeland Security; and
the Secretary of Defense.
Investment of certain funds into interest bearing obligations
Section 7 of the Act of June 20, 1958 (16 U.S.C. 579c), is amended—
by striking of any improvement, protection, or rehabilitation
and inserting of any assessment, improvement, protection, restoration, or rehabilitation
; and
by striking Provided, That
and all that follows through the period at the end and inserting: Provided, That any monies covered into the Treasury under this section, including all monies that were previously collected by the United States in a forfeiture, judgment, compromise, or settlement, shall be invested by the Secretary of the Treasury in interest bearing obligations of the United States to the extent the amounts are not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals: Provided further, That any interest earned on the amounts, including any interest earned by investment, is hereby appropriated and made available until expended to cover the costs to the United States specified in this section: Provided further, That, for fiscal year 2021 and thereafter, the Secretary shall include in the budget materials submitted to Congress in support of the President’s annual budget request (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each fiscal year the proposed use of such amounts with respect to the Forest Service: Provided further, That any portion of the monies received or earned under this section in excess of the amount expended in performing the work necessitated by the action which led to their receipt may be used to cover the other work specified in this section.
.
Study on crop losses
In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the agricultural committees a report that includes—
as of the date of the report, an estimate of—
agricultural losses due to adverse weather events that have occurred in calendar year 2022;
Emergency Relief Program funds spent for 2020 and 2021 losses;
Emergency Livestock Relief Program funds spent for 2021 losses;
the number of new producers that have purchased Federal crop insurance or coverage under the Noninsured Crop Disaster Assistance Program under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) (including an overview of the coverage levels purchased) as a result of receiving assistance through—
the Wildfire and Hurricane Indemnity Program (WHIP) for losses in 2017; and
the Wildfire and Hurricane Indemnity Program Plus (WHIP+) for losses in 2018 and 2019; and
the number of producers who—
newly purchased Federal crop insurance or coverage under the Noninsured Crop Disaster Assistance Program under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) as a result of receiving assistance through—
the Wildfire and Hurricane Indemnity Program (WHIP) for losses in 2017; and
the Wildfire and Hurricane Indemnity Program Plus (WHIP+) for losses in 2018; and
continued purchasing such insurance or coverage after the two-year requirement applicable to such producers; and
with respect to calendar year 2022, the projected agricultural losses due to adverse weather events in calendar year 2022.
Definitions
In this section:
Agricultural committees
The term agricultural committees means the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the House of Representatives and the Senate.
Agricultural losses
The term agricultural losses means the losses described under the heading Department of Agriculture—Agricultural Programs—Processing, Research and Marketing—Office of the Secretary
in the Extending Government Funding and Delivering Emergency Assistance Act (Public Law 117–43) with respect to calendar year 2022.
Study on use of CH–47 Chinooks to respond to wildfires
Not later 1 year after the date of the enactment of this Act, the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Homeland Security shall jointly submit to Congress a report—
on the feasibility and effectiveness of using CH–47 Chinooks with firefighting modifications to—
respond to wildfires; and
perform search and rescue activities; and
that identifies the governmental organizations (including Federal, State, and local government organizations) that would be most effective with respect to using the aircraft described in paragraph (1) to carry out the activities specified in that paragraph.
Drought
Drought Response and Climate Resilience
Advancing large-scale water recycling and reuse projects
Eligible project
Section 40905(c)(4) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3205(c)(4)) is amended to read as follows:
is—
constructed, operated, and maintained by an eligible entity; or
owned by an eligible entity; and
.
Removal of termination of authority; additional authorization of appropriations
Section 40905(k) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3205(k)) is amended to read as follows:
Authorization of appropriations
In addition to the amounts made available under section 40901(4)(B) to carry out this section, there is authorized to be appropriated to the Secretary $700,000,000 to carry out this section, to remain available until expended.
.
Applicability
The amendments made by this section shall apply to amounts appropriated on or after the date of the enactment of this Act.
Salton Sea projects improvements
Section 1101 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575) is amended—
by redesignating subsections (b) through (d) as subsections (c) through (e), respectively;
by inserting after subsection (a) the following:
Additional project authorities
In general
The Secretary, acting through the Bureau of Reclamation, may provide grants and enter into contracts and cooperative agreements to carry out projects located in the area of the Salton Sea in Southern California to improve air quality, fish and wildlife habitat, recreational opportunities, and water quality, in partnership with—
State, Tribal, and local governments;
water districts;
joint powers authorities, including the Salton Sea Authority;
nonprofit organizations; and
institutions of higher education.
Included activities
The projects described in paragraph (1) may include—
construction, operation, maintenance, permitting, and design activities required for such projects; and
dust suppression projects.
; and
in subsection (e), as so redesignated, by striking $13,000,000
and inserting $250,000,000
.
Near-term actions to preserve Colorado River system
In addition to the amounts otherwise available and consistent with contractual arrangements and applicable State and Federal law, there is authorized to be appropriated to the Secretary of the Interior $500,000,000, for the period of fiscal years 2023 through 2026, to use available legal authorities to reduce the near-term likelihood of Lake Mead and Lake Powell declining to critically low water elevations.
WaterSMART access for Tribes
Section 9504(a)(3)(E)(i) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)(3)(E)(i)) is amended—
in subclause (I), by striking subclause (II)
and inserting subclauses (II) and (III)
; and
after subclause (II), by inserting the following:
Waiver; Reduction
With respect to a grant or other agreement entered into under paragraph (1) between the Secretary and an Indian tribe, the Secretary may reduce or waive the non-Federal share (and increase the Federal share accordingly) of the cost of any infrastructure improvement or activity that is the subject of that grant or other agreement if the Secretary determines that meeting the cost-share requirement presents a financial hardship for the Indian tribe.
.
Reclamation water settlements fund
Section 10501 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 407) is amended—
in subsection (b)(1), by inserting and for fiscal year 2033 and each fiscal year thereafter
after For each of fiscal years 2020 through 2029
;
in subsection (c)—
in paragraph (1)(A), by striking for each of fiscal years 2020 through 2034
and inserting for fiscal year 2020 and each fiscal year thereafter
; and
in paragraph (3)(C), by striking for any authorized use
and all that follows through the period at the end and inserting for any use authorized under paragraph (2).
; and
by striking subsection (f).
Bureau of Reclamation Tribal clean water assistance
Rural water supply program reauthorization
Authorization of appropriations
Section 109(a) of the Rural Water Supply Act of 2006 (43 U.S.C. 2408(a)) is amended by striking 2016
and inserting 2032
.
Termination of authority
Section 110 of the Rural Water Supply Act of 2006 (43 U.S.C. 2409) is amended by striking 2016
and inserting 2032
.
Bureau of reclamation rural water supply program
Definitions
In this subsection:
Indian Tribe
The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Reclamation state
The term Reclamation State means a State described in the first section of the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, ch. 1093).
Report
The term Report means the most recent annual report required to be submitted by the Secretary of Health and Human Services to the President under section 302(g) of the Indian Health Care Improvement Act (25 U.S.C. 1632(g)).
Secretary
The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation.
Tribal land
The term Tribal land means—
land located within the boundaries of—
an Indian reservation, pueblo, or rancheria; or
a former reservation within Oklahoma;
land not located within the boundaries of an Indian reservation, pueblo, or rancheria, title to which is held—
in trust by the United States for the benefit of an Indian Tribe or an individual Indian;
by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
by a dependent Indian community;
land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a));
Hawaiian Home Lands (as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221)); or
an area or community designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that is near, adjacent, or contiguous to an Indian reservation where financial assistance and social service programs are provided to Indians because of their status as Indians.
Competitive grant program for tribal clean water access projects
Establishment
In accordance with section 103 of the Rural Water Supply Act of 2006 (43 U.S.C. 2402), the Secretary shall establish a competitive grant program under which an Indian Tribe shall be eligible to apply for a grant from the Secretary in an amount not to exceed 100 percent of the cost of planning, design, and construction of a project determined by the Secretary to be eligible for funding under subparagraph (B).
Eligibility
To be eligible for a grant under subparagraph (A), a project shall—
be carried out in a Reclamation State; and
as determined by the Secretary—
provide, increase, or enhance access to safe drinking water for communities and households on Tribal land; or
address public health and safety concerns associated with access to safe drinking water.
Priority
In general
In awarding grants under subparagraph (A), the Secretary, in consultation with the Director of the Indian Health Service, shall give priority to projects that meet one or more of the following criteria:
Provides potable water supplies to communities or households on Tribal land that do not have access to running water as of the date of the project application.
Addresses an urgent and compelling public health or safety concern relating to access to safe drinking water for residents on Tribal land.
Addresses needs identified in the Report.
Closer to being completed, or farther along in planning, design, or construction, as compared to other projects being considered for funding.
Takes advantage of the experience and technical expertise of the Bureau of Reclamation in the planning, design, and construction of rural water projects, particularly with respect to a project that takes advantage of economies of scale.
Takes advantage of local or regional partnerships that complement related efforts by Tribal, State, or Federal agencies to enhance access to drinking water or water sanitation services on Tribal land.
Leverages the resources or capabilities of other Tribal, State, or Federal agencies to accelerate planning, design, and construction.
Provides multiple benefits, including—
improved water supply reliability;
public health improvements;
ecosystem benefits;
groundwater management and enhancements; and
water quality improvements.
Consultation
In prioritizing projects for funding under clause (i), the Secretary—
shall consult with the Director of the Indian Health Service; and
may coordinate funding of projects under this paragraph with the Director of the Indian Health Service, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the head of any other Federal agency in any manner that the Secretary determines would—
accelerate project planning, design, or construction; or
otherwise take advantage of the capabilities of, and resources potentially available from, other Federal sources.
Funding
In general
In addition to amounts otherwise available, there is authorized to be appropriated to the Secretary $1,000,000,000 to carry out this subsection, to remain available until expended.
Administrative expenses; use of funds
Of the amounts authorized to be appropriated under subparagraph (A), not more than 2 percent is authorized to be appropriated for—
the administration of the rural water supply program established under section 103 of the Rural Water Supply Act of 2006 (43 U.S.C. 2402); and
related management and staffing expenses.
Funding for Native American affairs technical assistance program of the Bureau of Reclamation
In addition to amounts otherwise available, there is authorized to be appropriated to the Secretary $90,000,000 for use, in accordance with section 201 of the Energy and Water Development Appropriations Act, 2003 (43 U.S.C. 373d), for the Native American Affairs Technical Assistance Program of the Bureau of Reclamation, to remain available until expended.
White Mountain Apache Tribe Rural Water System
Conveyance of title to Tribe
Section 307(d)(2)(E) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291; 124 Stat. 3082; 132 Stat. 1626) is amended, in the matter preceding clause (i), by striking water system—
and all that follows through the period at the end of clause (ii)(II), and inserting water system is substantially complete, as determined by the Secretary in accordance with subsection (k).
.
Requirements for determination of substantial completion of the WMAT rural water system
Section 307 of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291; 124 Stat. 3080; 132 Stat. 1626) is amended by adding at the end the following:
Requirements for Determination of Substantial Completion of the WMAT rural water system
The WMAT rural water system shall be determined to be substantially complete if—
the infrastructure constructed is capable of storing, diverting, treating, transmitting, and distributing a supply of water as set forth in the final project design described in subsection (c); or
the Secretary—
expended all of the available funding provided to construct the WMAT rural water system; and
despite diligent efforts, cannot complete construction as described in the final project design described in subsection (c) due solely to the lack of additional authorized funding.
.
Enforceability date
In general
Section 309(d) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (Public Law 111–291; 124 Stat. 3088; 133 Stat. 2669) is amended—
in paragraph (1)—
by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively; and
by inserting after subparagraph (C) the following:
such amount, up to the amount made available under section 312(e)(2), as the Secretary determines to be necessary to construct the WMAT rural water system that is capable of storing, diverting, treating, transmitting, and distributing a supply of water as set forth in the final project design described in section 307(c) has been deposited in the WMAT Cost Overrun Subaccount;
; and
in paragraph (2), by striking 2023
each place it appears and inserting 2025
.
Conforming amendment
Section 3(b)(2) of the White Mountain Apache Tribe Rural Water System Loan Authorization Act (Public Law 110–390; 122 Stat. 4191; 124 Stat. 3092; 133 Stat. 2669) is amended by striking beginning on
and all that follows through the period at the end and inserting beginning on May 1, 2025.
.
Requirement
Section 310(b) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291; 124 Stat. 3090) is amended by adding at the end the following:
Expenditures
If, before the enforceability date under section 309(d), Federal funds are expended to carry out activities identified in subparagraphs (A) or (C) of paragraph (2) in excess of the amounts provided pursuant to the White Mountain Apache Tribe Rural Water System Loan Authorization Act (Public Law 110–390; 122 Stat. 4191), such expenditures shall be accounted for as White Mountain Apache Tribe Water Rights Settlement Subaccount funds.
.
Cost indexing
Section 312(c) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291; 124 Stat. 3095) is amended to read as follows:
Cost indexing
White Mountain Apache Tribe water rights settlement subaccount
All amounts made available under subsection (a) shall be adjusted as necessary to reflect the changes made since October 1, 2007, with respect to the construction cost indices applicable to the types of construction involved in the construction of the WMAT rural water system and the maintenance of the WMAT rural water system.
WMAT settlement fund
All amounts made available under subsection (b)(2) shall be adjusted annually to reflect the changes made since October 1, 2007, with respect to the construction cost indices applicable to the types of construction involved in the construction of the WMAT rural water system and the maintenance of the WMAT rural water system.
WMAT maintenance fund
All amounts made available under subsection (b)(3) shall be adjusted on deposit to reflect the changes made since October 1, 2007, with respect to the Consumer Price Index for All Urban Consumers West Urban 50,000 to 1,500,000 published by the Bureau of Labor Statistics.
WMAT cost overrun subaccount
Of the amounts made available under subsection (e)(2)—
$35,000,000 shall be adjusted as necessary to reflect the changes made since October 1, 2007, with respect to the construction cost indices applicable to the types of construction involved in the construction of the WMAT rural water system and the maintenance of the WMAT rural water system; and
additional funds, in excess of the amount referred to in subparagraph (A), shall be adjusted as necessary to reflect the changes made since April 1, 2021, with respect to the construction cost indices applicable to the types of construction involved in the construction of the WMAT rural water system and the maintenance of the WMAT rural water system.
Construction costs adjustment
The amounts made available under subsections (a), (b)(2), and (e)(2), shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved.
.
Funding
Section 312(e)(2)(B) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291; 124 Stat. 3095) is amended by striking $11,000,000
and inserting $541,000,000
.
Return to Treasury
In general
Section 312(e)(4)(B) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (Public Law 111–291; 124 Stat. 3096) is amended, in the matter preceding clause (i), by striking shall be
and all that follows through subsection (b)(2)(C)
and inserting shall be returned to the general fund of the Treasury
.
Conforming amendment
Section 312(b)(2) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (Public Law 111–291; 124 Stat. 3093; 132 Stat. 1626) is amended by striking subparagraph (B) and inserting the following:
Transfers to fund
There is authorized to be appropriated to the Secretary for deposit in the WMAT Settlement Fund $78,500,000.
.
Prohibition
Section 312(e) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291; 124 Stat. 3096) is amended by adding at the end the following:
Prohibition
Notwithstanding any other provision of law, any amounts made available under paragraph (2)(B) shall not be made available from the Indian Water Rights Settlement Completion Fund established by section 70101 of the Infrastructure Investment and Jobs Act (25 U.S.C. 149) or the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a)) until 2034.
.
Desalination research authorization
The Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended—
in section 3(e)—
in paragraph (5), by striking and
;
in paragraph (6), by striking the period at the end and inserting ; and
; and
by adding at the end the following:
to minimize the impacts of seawater desalination on aquatic life and coastal ecosystems, including technologies to monitor and reduce those impacts.
; and
in section 8(a)—
by striking $5,000,000 per year for fiscal years 1997 through 2021
and inserting $20,000,000 per year for fiscal years 2023 through 2027
; and
by striking $1,000,000
and inserting $15,000,000
.
Water Resources Research Act amendments
Authorization of appropriations
Section 104(f)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended by striking $12,000,000 for each of fiscal years 2022 through 2025
and inserting $14,000,000 for each of fiscal years 2023 through 2032
.
Additional appropriations where research focused on water problems of interstate nature
Section 104(g)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended by striking $3,000,000 for each of fiscal years 2022 through 2025
and inserting $4,000,000 for each of fiscal years 2023 through 2032
.
Grants
Section 104(c) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(c)) is amended by—
redesignating paragraph (2) as paragraph (4); and
inserting after paragraph (1) the following:
Allocation
From the sums appropriated, the Secretary shall allocate a minimum of—
80 percent of the sums to base grants consistent with subsection (f)(1); and
20 percent of the sums to research focused on water problems of interstate nature consistent with subsection (g)(1).
Additional special projects
Any sums Congress delineates for specific topics and water priorities shall fall under subsection (g)(1). All sums under subsection (g)(1), including congressionally delineated sums for specific topics and water priorities, shall not exceed 20 percent of the sums appropriated for the Water Resources Research Act program.
.
Saline Lake ecosystems in the Great Basin States Assessment and Monitoring Program
Definitions
In this section:
Program
The term Program means the Saline Lake Ecosystems in the Great Basin States Assessment and Monitoring Program established under subsection (b).
Coordinating entities
The term coordinating entities includes—
Federal, State, Tribal, and local agencies;
institutions of higher education;
nonprofit organizations; and
local stakeholders.
Saline lake ecosystems
The term saline lake ecosystems means the ecosystems associated with the following lakes:
Lake Abert in Oregon.
Eagle Lake in California.
Franklin Lake in Nevada.
Goose Lake in California and Oregon.
Great Salt Lake in Utah.
Harney Lake in Oregon.
Honey Lake in California.
Lahontan Valley wetlands, including Carson Lake, Carson Sink, and Stillwater Marsh in Nevada.
Malheur Lake in Oregon.
Mono Lake in California.
Owens Lake in California.
Pyramid Lake in Nevada.
Ruby Lake in Nevada.
Sevier Lake in Utah.
Silver Lake in Oregon.
Summer Lake in Oregon.
Walker Lake in Nevada.
Warner Lake in Oregon.
Winnemucca Lake in Nevada.
Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
Work and implementation plan
The term work and implementation plan means the multiyear work and implementation plan established under subsection (c)(1).
Establishment
The Secretary shall establish a program to be known as the Saline Lake Ecosystems in the Great Basin States Assessment and Monitoring Program
to—
assess and monitor the hydrology of saline lake ecosystems and the migratory birds and other wildlife that depend on saline lake ecosystems; and
inform and support coordinated management and conservation actions to benefit saline lake ecosystems, migratory birds, and other wildlife.
Work and implementation plan
In general
In carrying out the Program, the Secretary, in coordination with the Director of the United States Fish and Wildlife Service and coordinating entities, shall establish a multiyear work and implementation plan to assess, monitor, and conserve saline lake ecosystems and migratory birds and other wildlife that depend on saline lake ecosystems.
Inclusions
The work and implementation plan shall include—
a synthesis of available information, literature, and data, and an assessment of scientific and informational needs, relating to saline lake ecosystems with respect to—
water quantity, water quality, water use, and water demand;
migratory bird and other wildlife populations, habitats, and ecology;
annual lifecycle needs of migratory birds; and
environmental changes and other stressors, including climatic stressors;
a description of how the work and implementation plan will address the scientific and informational needs described in subparagraph (A), including monitoring activities, data infrastructure needs, and development of tools necessary to implement the Program;
recommendations and a cost assessment for the work and implementation plan; and
other matters, as determined necessary by the Secretary.
Report
Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report describing the work and implementation plan.
Implementation
The Secretary shall implement the Program based on the information, findings, and recommendations contained in the work and implementation plan.
Cooperative agreements and grants
The Secretary may use funds made available pursuant to subsection (g) to enter into cooperative funding agreements with, or provide grants to, coordinating entities for the purposes of—
participating in developing, or providing information to inform the development of, the work and implementation plan;
carrying out assessments and monitoring of water quality, quantity, use, and demand under the Program; and
carrying out ecological, biological, and avian assessments and monitoring under the Program.
Effect
The work and implementation plan shall not affect—
any interstate water compacts in existence on the date of the enactment of this Act, including full development of any apportionment made in accordance with those compacts;
valid and existing water rights in any State located wholly or partially within the Great Basin;
water rights held by the United States in the Great Basin; or
the management and operation of Bear Lake or Stewart Dam, including the storage, management, and release of water.
Authorization of appropriations
There is authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2023 through 2027 to carry out the Program.
Priority
In carrying out the Program, the Secretary shall give priority to the following saline lake ecosystems:
Lake Abert in Oregon.
Great Salt Lake in Utah.
Lahontan Valley Wetlands, including Carson Sink, Carson Lake, and Stillwater Marsh in Nevada.
Ruby Lake in Nevada.
Walker Lake in Nevada.
Mono Lake in California.
Owens Lake in California.
Summer Lake in Oregon.
Extension of authorizations related to fish recovery programs
Section 3 of Public Law 106–392 (114 Stat. 1603) is amended—
by striking 2023
each place it appears and inserting 2024
;
in subsection (b)(1), by striking $179,000,000
and inserting $184,000,000
;
in subsection (b)(2), by striking $30,000,000
and inserting $25,000,000
;
in subsection (h), by striking , at least 1 year prior to such expiration,
; and
in subsection (j), by striking 2021
each place it appears and inserting 2022
.
Reclamation climate change and water program
Section 9503(f) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(f)) is amended by striking 2023
and inserting 2033
.
Authorization of appropriations for the Las Vegas Wash program
Section 529(b)(3) of the Water Resources Development Act of 2000 (114 Stat. 2658; 119 Stat. 2255; 125 Stat. 865) is amended by striking $30,000,000
and inserting $55,000,000
.
Terminal lakes assistance
Section 2507(f) of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3839bb–6(f)) is amended by striking 2023
and inserting 2025
.
Expedited measures for drought response
Expedited program implementation
Section 40905(h) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3205(h); 135 Stat. 1124) is amended by striking Not later than 1 year after the date of enactment of this Act
and inserting Not later than August 31, 2022
.
Establishment of program
Section 40907(b) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3207(b); 135 Stat. 1125) is amended by striking Not later than 1 year after the date of enactment of this Act
and inserting Not later than August 31, 2022
.
Water efficiency, conservation, and sustainability
Definitions
In this section:
Administrator
The term Administrator means the Administrator of the Environmental Protection Agency.
Eligible entity
The term eligible entity means any of the following:
A State, local, or Tribal government, or any special-purpose unit of such a government (including a municipal water authority).
A public water system.
A nonprofit organization.
Energy Star program
The term Energy Star program means the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a).
Low-income household
The term low-income household means a household that meets the income qualifications established under—
section 2605(b)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)); or
the Low-Income Household Drinking Water and Wastewater Emergency Assistance Program authorized by section 533 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 1627).
Public water system
The term public water system has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).
Water efficiency incentive program
The term water efficiency incentive program means a program for providing incentives, including direct installation services, to residential, commercial, or industrial customers of a public water system for the purchase, lease, installation, use, or implementation, as applicable, of water-efficient upgrades.
Water-efficient upgrade
In general
The term water-efficient upgrade means a product, landscape, label, process, or service for a residential, commercial, or industrial building, or the landscape of such a building, that is—
rated for water efficiency and performance under the WaterSense program or the Energy Star program; or
otherwise determined by the Administrator to improve water-use efficiency.
Inclusions
The term water-efficient upgrade includes—
a faucet;
a showerhead;
a dishwasher;
a toilet;
a clothes washer;
an irrigation product or service;
advanced metering infrastructure;
a flow monitoring device;
a landscaping or gardening product, including moisture control or water-enhancing technology;
xeriscaping, turf removal, or another landscape conversion that reduces water use (except for the installation of artificial turf); and
any other product, landscape, process, or service—
certified pursuant to the WaterSense program; or
otherwise determined by the Administrator to reduce water use or water loss, including products rated for water efficiency and performance under the Energy Star program.
Water loss control program
The term water loss control program means a program to identify and quantify water uses and losses, implement controls to reduce or eliminate losses and leaks, and evaluate the effectiveness of such controls.
WaterSense program
The term WaterSense program means the program established by section 324B of the Energy Policy and Conservation Act (42 U.S.C. 6294b).
Water efficiency and conservation grant program
In general
The Administrator shall establish a program to award grants to eligible entities that have established water efficiency incentive programs to carry out those water efficiency incentive programs (referred to in this subsection as the grant program
).
Distribution
In carrying out the grant program, the Administrator shall award not less than 50 percent of the amounts made available to carry out this subsection in each fiscal year to eligible entities that service an area that—
has been designated as D2 (severe drought) or greater according to the United States Drought Monitor for a minimum of 4 weeks during any of the 3 years preceding the date of the grant award; or
is within a county for which a drought emergency has been declared by the applicable Governor at any time during the 3-year period preceding the date of the grant award.
Grant amount
In general
Subject to subparagraph (B), a grant awarded under the grant program shall be in an amount that is not less than $250,000.
Small public water systems
The Administrator may award a grant in an amount that is less than $250,000 if the grant is awarded to, or for the benefit of, a public water system that serves fewer than 10,000 customers.
Use of funds
An eligible entity receiving a grant under the grant program shall—
use grant funds to carry out a water efficiency incentive program for customers of a public water system; or
provide grant funds to another eligible entity to carry out a water efficiency incentive program described in subparagraph (A).
Minimum requirement
An eligible entity receiving a grant under the grant program shall use not less than 40 percent of the amount of the grant to provide water-efficient upgrades to low-income households.
Cost share
In general
Subject to subparagraph (B), the Federal share of the cost of carrying out a water efficiency incentive program using a grant awarded under the grant program shall not exceed 80 percent.
Waiver
The Administrator may increase the Federal share under subparagraph (A) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.
Supplement, not supplant
Amounts provided under a grant under the grant program shall be used to supplement, and not supplant, other Federal, State, local, or Tribal funds made available to carry out water efficiency incentive programs.
Authorization of appropriations
In general
There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2023 through 2028.
Administrative costs
Of the amounts authorized to be appropriated under subparagraph (A) each fiscal year, not more than 4 percent is authorized to pay the administrative costs of the Administrator.
Sustainable water loss control program
Technical assistance and grant program
The Administrator shall establish and carry out a program (referred to in this subsection as the program
)—
to make grants and provide technical assistance to eligible entities to perform annual audits of public water systems that are—
conducted in accordance with the procedures contained in the manual published by the American Water Works Association entitled M36 Water Audits and Loss Control Programs, Fourth Edition
(or any successor manual determined appropriate by the Administrator); and
validated under such criteria as may be specified by the Administrator; and
to make grants and provide technical assistance to eligible entities—
to implement controls to address real water losses, apparent water losses, or a combination of real and apparent water losses that are identified in an audit conducted and validated in accordance with the procedures and criteria described in subparagraph (A); and
to help public water systems that have conducted and validated such an audit establish water loss control programs.
Criteria
In selecting eligible entities to receive grants and technical assistance under the program, the Administrator shall consider—
whether the public water system that would be served by the grants or technical assistance serves a disadvantaged community (as defined in section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(3))); and
the ability of the public water system that would be served by the grants or technical assistance, on completion of an audit conducted and validated in accordance with the procedures and criteria described in paragraph (1)(A)—
to successfully sustain a water loss control program; and
to demonstrate that the water loss control program will reduce real water losses, apparent water losses, or a combination of real and apparent water losses from the public water system.
Annual water savings
The Administrator shall—
annually compile, by Environmental Protection Agency region, information on the amount of water savings achieved pursuant to this subsection; and
publish on the website of the Administrator the information compiled under subparagraph (A).
Authorization of appropriations
In general
There is authorized to be appropriated to carry out this subsection $40,000,000 for each of fiscal years 2023 through 2028, of which—
$20,000,000 each fiscal year is authorized to be appropriated to carry out paragraph (1)(A); and
$20,000,000 each fiscal year is authorized to be appropriated to carry out paragraph (1)(B).
Administrative costs
Of the amounts authorized to be appropriated under subparagraph (A) for grants under the program each fiscal year, not more than 4 percent is authorized to be appropriated for the administrative costs of making such grants.
Shoring up electricity generation and reducing evaporation at Bureau of Reclamation facilities
Assessment
In general
The Secretary of the Interior shall conduct, in consultation with the Secretary of Energy, an assessment of opportunities to install and maintain photovoltaic solar panels (including floating solar panels) at Bureau of Reclamation facilities.
Contents
The assessment conducted under paragraph (1) shall—
include a description of the economic, environmental, and technical feasibility of installing and maintaining, or contracting with third parties to install and maintain, photovoltaic solar panels at Bureau of Reclamation facilities;
identify Bureau of Reclamation facilities with a high potential for the installation and maintenance of photovoltaic solar panels and whether such installation and maintenance would require additional authorization;
account for potential impacts of photovoltaic solar panels at Bureau of Reclamation facilities and the authorized purposes of such facilities, including potential impacts related to evaporation suppression, energy yield, dam safety, recreation, water quality, and fish and wildlife;
account for potential damage to floating photovoltaic solar panels from weather, water level fluctuations, recreational co-use and other project uses; and
account for the availability of electric grid infrastructure, including underutilized transmission infrastructure.
Report to Congress
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress, and make publicly available (including on a publicly available website), a report containing the results of the assessment conducted under subsection (a).
FUTURE Western Water and Drought Resiliency
Short title
This title may be cited as the Furthering Underutilized Technologies and Unleashing Responsible Expenditures for Western Water and Drought Resiliency Act
or the FUTURE Western Water and Drought Resiliency Act
.
Definitions
In this title:
Relevant committees of congress
The term relevant committees of Congress means—
the Committee on Natural Resources of the House of Representatives; and
the Committee on Energy and Natural Resources of the Senate.
Reclamation state
The term Reclamation State means 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).
Secretary
The term Secretary means the Secretary of the Interior, unless otherwise defined in a particular provision.
Indian tribe
The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Assistance for Projects with Fastest Construction Timelines
Water recycling and reuse projects
Short Title
This section may be cited as the Water Recycling Investment and Improvement Act
.
Funding priority
Section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575; 43 U.S.C. 390h et seq.) is amended by striking paragraphs (2) and (3) and inserting the following:
Priority
When funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the following criteria:
Projects that are likely to provide a more reliable water supply for States and local governments.
Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies.
Projects that are regional in nature.
Projects with multiple stakeholders.
Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements.
.
Limitation on funding
Section 1631(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h–13(d)) is amended by striking $20,000,000 (October 1996 prices)
and inserting $50,000,000 (July 2022 prices)
.
Authorization of appropriations
In addition to amounts otherwise available, there is authorized to be appropriated $600,000,000 to remain available until expended 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—
authorized or approved for construction funding by an Act of Congress; or
selected for funding under the competitive grant program authorized under section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(f)), with funding under this section 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 section.
Desalination project development
Short title
This section may be cited as the Desalination Development Act
.
Desalination projects authorization
Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended by striking paragraph (2) and inserting the following:
Projects
Definition of eligible desalination project
In this paragraph, the term eligible desalination project means any project located in a Reclamation State that—
involves an ocean or brackish water desalination facility—
constructed, operated, and maintained by a State, Indian Tribe, irrigation district, water district, or other organization with water or power delivery authority; or
sponsored or funded by any State, department of a State, subdivision of a State, or public agency organized pursuant to State law, including—
direct sponsorship or funding; or
indirect sponsorship or funding, such as by paying for the water provided by the facility;
provides a Federal benefit in accordance with the reclamation laws; and
is consistent with all applicable State and Federal resource protection laws, including the protection of marine protected areas.
Definition of designated desalination project
The term designated desalination project means an eligible desalination project that—
is an ocean desalination project that uses a subsurface intake;
has a total estimated cost of $80,000,000 or less; and
is designed to serve a community or group of communities that collectively import more than 75 percent of their water supplies.
Cost-sharing requirement
In general
Subject to the requirements of this paragraph, the Federal share of an eligible desalination project carried out under this subsection shall be—
not more than 25 percent of the total cost of the eligible desalination project; or
in the case of a designated desalination project, the applicable percentage determined in accordance with clause (ii).
Cost-sharing requirement for construction costs
In the case of a designated desalination project carried out under this subsection, the Federal share of the cost of construction of the designated desalination project shall not exceed the greater of—
35 percent of the total cost of construction, up to a Federal cost of $20,000,000; or
25 percent of the total cost of construction.
State role
The Secretary shall not participate in an eligible desalination project under this paragraph unless—
the eligible desalination project is included in a State-approved plan; or
the participation has been requested by the Governor of the State in which the eligible desalination project is located; and
the State or local sponsor of the eligible desalination project determines, and the Secretary concurs, that—
the eligible desalination project—
is technically and financially feasible;
provides a Federal benefit in accordance with the reclamation laws; and
is consistent with applicable State laws, State regulations, State coastal zone management plans, and other State plans such as California’s Water Quality Control Plan for the Ocean Waters in California;
sufficient non-Federal funding is available to complete the eligible desalination project; and
the eligible desalination project sponsors are financially solvent; and
the Secretary submits to Congress a written notification of the determinations under clause (ii) by not later than 30 days after the date of the determinations.
Environmental laws
In participating in an eligible desalination project under this paragraph, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and State laws implementing the Coastal Zone Management Act.
Information
In participating in an eligible desalination project under this subsection, the Secretary—
may rely on reports prepared by the sponsor of the eligible desalination project, including feasibility or equivalent studies, environmental analyses, and other pertinent reports and analyses; but
shall retain responsibility for making the independent determinations described in subparagraph (D).
Funding
Authorization of appropriations
There is authorized to be appropriated to carry out this paragraph $260,000,000 for the period of fiscal years 2023 through 2027.
Congressional approval initially required
In general
Each initial award under this paragraph for design and study or for construction of an eligible desalination project shall be approved by an Act of Congress.
Reclamation recommendations
The Commissioner of Reclamation shall submit recommendations regarding the initial award of preconstruction and construction funding for consideration under subclause (I) to—
the Committee on Appropriations of the Senate;
the Committee on Energy and Natural Resources of the Senate;
the Committee on Appropriations of the House of Representatives; and
the Committee on Natural Resources of the House of Representatives.
Subsequent funding awards
After approval by Congress of an initial award of preconstruction or construction funding for an eligible desalination project under clause (ii), the Commissioner of Reclamation may award additional preconstruction or construction funding, respectively, for the eligible desalination project without further congressional approval.
.
Prioritization for projects
Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended by striking subsection (c) and inserting the following:
Prioritization
In carrying out demonstration and development activities under this section, the Secretary and the Commissioner of Reclamation shall each prioritize projects—
for the benefit of drought-stricken States and communities;
for the benefit of States that have authorized funding for research and development of desalination technologies and projects;
that demonstrably reduce a reliance on imported water supplies that have an impact on species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
that, in a measurable and verifiable manner, reduce a reliance on imported water supplies from imperiled ecosystems such as the Sacramento-San Joaquin River Delta;
that demonstrably leverage the experience of international partners with considerable expertise in desalination, such as the State of Israel;
that maximize use of renewable energy to power desalination facilities;
that maximize energy efficiency so that the lifecycle energy demands of desalination are minimized;
located in regions that have employed strategies to increase water conservation and the capture and recycling of wastewater and stormwater; and
that meet the following criteria, if they are ocean desalination facilities—
use a subsurface intake or, if a subsurface intake is not technologically feasible, an intake that uses the best available site, design, technology, and mitigation measures to minimize the mortality of all forms of marine life and impacts to coastal dependent resources;
are sited and designed to ensure that the disposal of wastewaters including brine from the desalination process—
are not discharged to impaired bodies of water or State or Federal Marine Protected Areas; and
achieve ambient salinity levels within a reasonable distance from the discharge point;
are sited, designed, and operated in a manner that maintains indigenous marine life and a healthy and diverse marine community;
do not cause significant unmitigated harm to aquatic life; and
include a construction and operation plan designed to minimize loss of coastal habitat and aesthetic, noise, and air quality impacts.
.
Recommendations to congress
In determining project recommendations to Congress under section 4(a)(2)(G)(ii)(II) of the Water Desalination Act of 1996, the Commissioner of Reclamation shall establish a priority scoring system that assigns priority scores to each project evaluated based on the prioritization criteria of section 4(c) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298).
Assistance for disadvantaged communities without adequate drinking water
In general
The Secretary shall provide grants within the Reclamation States to assist eligible applicants in planning, designing, or carrying out projects to help disadvantaged communities address a significant decline in the quantity or quality of drinking water.
Eligible applicants
To be eligible to receive a grant under this section, an applicant shall submit an application to the Secretary that includes a proposal of the project or activity in subsection (c) to be planned, designed, constructed, or implemented, the service area of which—
is not located in a city or town with a population of more than 60,000 residents; and
has a median household income of less than 100 percent of the nonmetropolitan median household income of the State.
Eligible projects
Projects eligible for grants under this program may be used for—
emergency water supplies;
distributed treatment facilities;
construction of new wells and connections to existing water source systems;
water distribution facilities;
connection fees to existing systems;
assistance to households to connect to water facilities;
local resource sharing, including voluntary agreements between water systems to jointly contract for services or equipment, or to study or implement the physical consolidation of two or more water systems;
technical assistance, planning, and design for any of the activities described in paragraphs (1) through (7); or
any combination of activities described in paragraphs (1) through (8).
Prioritization
In determining priorities for funding projects, the Secretary shall take into consideration—
where the decline in the quantity or quality of water poses the greatest threat to public health and safety;
the degree to which the project provides a long-term solution to the water needs of the community; and
whether the applicant has the ability to qualify for alternative funding sources.
Maximum amount
The amount of a grant provided under this section may be up to 100 percent of costs, including—
initial operation costs incurred for startup and testing of project facilities;
costs of components to ensure such facilities and components are properly operational; and
costs of operation or maintenance incurred subsequent to placing the facilities or components into service.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $100,000,000, to remain available until expended.
Coordination required
In carrying out this section, the Secretary shall consult with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency to identify opportunities to improve the efficiency, effectiveness, and impact of activities carried out under this section to help disadvantaged communities address a significant decline in the quantity or quality of drinking water.
Improved Water Technology and Data
X-prize for water technology breakthroughs
Definitions
In this section:
Board
The term board means the board established under subsection (c).
Eligible person
The term eligible person means—
an individual who is—
a citizen or legal resident of the United States; or
a member of a group that includes citizens or legal residents of the United States;
an entity that is incorporated and maintains its primary place of business in the United States; or
a public water agency.
Financial award competition
The term financial award competition means the award competition under subsection (d)(1).
Program
The term program means the program established under subsection (b).
Water technology award program established
The Secretary, working through the Bureau of Reclamation, and in coordination with the Secretary of Energy, shall establish a program to award prizes to eligible persons for achievement in one or more of the following applications of water technology:
Demonstration of wastewater and industrial process water purification for reuse or desalination of brackish water or seawater with significantly less energy than current municipally and commercially adopted technologies.
Demonstration of portable or modular desalination units that can process 1 to 5,000,000 gallons per day that could be deployed for temporary emergency uses in coastal communities or communities with brackish groundwater supplies.
Demonstration of significant advantages over current municipally and commercially adopted reverse osmosis technologies as determined by the board established under subsection (c).
Demonstration of significant improvements in the recovery of residual or waste energy from the desalination process.
Reducing open water evaporation.
Establishment of board
In general
The Secretary shall establish a board to administer the program.
Membership
The board shall be composed of not less than 15 and not more than 21 members appointed by the Secretary, of whom not less than 2 shall—
be a representative of the interests of public water districts or other public organizations with water delivery authority;
be a representative of the interests of academic organizations with expertise in the field of water technology, including desalination or water reuse;
be representative of a non-profit conservation organization;
have expertise in administering award competitions; and
be a representative of the Bureau of Reclamation of the Department of the Interior with expertise in the deployment of desalination or water reuse.
Awards
Subject to the availability of appropriations, the board may make the following awards:
Financial prize
A financial award given through a competition in an amount determined before the commencement of the competition to the first competitor to meet such criteria as the board shall establish.
Recognition prize
A non-monetary award, through which the board recognizes an eligible person for superlative achievement in 1 or more applications described in subsection (a). An award under this paragraph shall not include any financial remuneration.
Administration
Contracting
The board may contract with a private organization to administer a financial award competition described in subsection (d)(1).
Solicitation of funds
A member of the board or any administering organization with which the board has a contract under paragraph (1) may solicit gifts from private and public entities to be used for a financial award competition.
Limitation on participation of donors
The board may allow a donor who is a private person described in paragraph (2) to participate in the determination of criteria for an award under subsection (d), but such donor may not solely determine the criteria for such award.
No advantage for donation
A donor who is a private person described in paragraph (3) shall not be entitled to any special consideration or advantage with respect to participation in a financial award competition.
Intellectual property
The Federal Government may not acquire an intellectual property right in any product or idea by virtue of the submission of such product or idea in the financial award competition.
Liability
The board may require a competitor in a financial award competition to waive liability against the Federal Government for injuries and damages that result from participation in such competition.
Annual report
Each year, the board shall submit to the relevant committees of Congress a report on the program.
Authorization of appropriations
There are authorized to be appropriated sums for the program as follows:
For administration of the awards under subsection (d), $750,000 for each fiscal year through fiscal year 2027, to remain available until expended.
For the financial prize award under subsection (d)(1), in addition to any amounts received under subsection (e)(2), $5,000,000 for each fiscal year through fiscal year 2027, to remain available until expended.
Water technology investment program established
In general
The Secretary, acting through the Bureau of Reclamation, shall establish a program, pursuant to the Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI), the Water Desalination Act of 1996 (Public Law 104–298), and other applicable laws, to promote the expanded use of technology for improving availability and resiliency of water supplies and power deliveries, which shall include investments to enable expanded and accelerated—
deployment of desalination technology; and
use of recycled water.
Authorization of appropriations
There are authorized to be appropriated $5,000,000 for each fiscal year through fiscal year 2027 for the Secretary to carry out the purposes and provisions of this section.
Federal priority streamgages
Federal priority streamgages
The Secretary shall make every reasonable effort to make operational all streamgages identified as Federal Priority Streamgages by the United States Geological Survey not later than 10 years after the date of the enactment of this Act.
Collaboration with states
The Secretary shall, to the maximum extent practicable, seek to leverage Federal investments in Federal Priority Streamgages through collaborative partnerships with States and local agencies that invest non-Federal funds to maintain and enhance streamgage networks to improve both environmental quality and water supply reliability.
Authorization of appropriations
In addition to amounts otherwise available, there is authorized to be appropriated $150,000,000 to the Secretary to carry out this section, to remain available until expended.
Drought Response and Preparedness for Ecosystems
Aquatic ecosystem restoration program
In addition to amounts otherwise available, there is authorized to be appropriated $150,000,000 to remain available until expended for design, study, and construction of aquatic ecosystem restoration and protection projects in accordance with section 1109 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260).
Watershed health program
In addition to amounts otherwise available, there is authorized to be appropriated $200,000,000 to carry out section 40907 of the Infrastructure Investment and Jobs Act (43 U.S.C. 3207), to remain available until expended.
Waterbird habitat creation program
Authorization of habitat creation program
The Secretary shall establish a program to incentivize farmers to keep fields flooded during appropriate time periods for the purposes of waterbird habitat creation and maintenance, including waterfowl and shorebird habitat creation and maintenance, provided that—
such incentives may not exceed $3,500,000 annually, either directly or through credits against other contractual payment obligations;
the holder of a water contract receiving payments under this section pass such payments through to farmers participating in the program, less reasonable contractor costs, if any; and
the Secretary determines that habitat creation activities receiving financial support under this section will create new habitat that is not likely to be created without the financial incentives provided under this section.
Authorization of appropriations
There is authorized to be appropriated to the Secretary $3,500,000 for each fiscal year through fiscal year 2027 to carry out this section, to remain available until expended.
Report
Not later than October 1, 2023, and every 2 years thereafter, the Secretary shall submit to Congress a report summarizing the environmental performance of activities that are receiving, or have received, assistance under the program authorized by this section.
Support for refuge water deliveries
Report on historic refuge water deliveries
Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the relevant committees of Congress and make publicly available a report that describes the following:
Compliance with section 3406(d)(1) and section 3406(d)(2) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575) in each of years 1992 through 2018, including an indication of the amount of water identified as the Level 2 amount and incremental Level 4 amount for each wetland area.
The difference between the mandated quantity of water to be delivered to each wetland habitat area described in section 3406(d)(2) and the actual quantity of water delivered since October 30, 1992, including a listing of every year in which the full delivery of water to wetland habitat areas was achieved in accordance with Level 4 of the Dependable Water Supply Needs
table, described in section 3406(d)(2) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575).
Which of the authorities granted to the Secretary under Public Law 102–575 to achieve the full Level 4 deliveries of water to wetland habitat areas was employed in achieving the increment of water delivery above the Level 2 amount for each wetland habitat area, including whether water conservation, conjunctive use, water purchases, water leases, donations, water banking, or other authorized activities have been used and the extent to which such authorities have been used.
An assessment of the degree to which the elimination of water transaction fees for the donation of water rights to wildlife refuges would help advance the goals of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575).
Priority construction list
The Secretary shall establish, through a public process and in consultation with the Interagency Refuge Water Management Team, a priority list for the completion of the conveyance construction projects at the wildlife habitat areas described in section 3406(d)(2) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575), including the Mendota Wildlife Area, Pixley National Wildlife Refuge and Sutter National Wildlife Refuge.
Ecological monitoring and evaluation program
Not later than 1 year after the date of the enactment of this Act, the Secretary, acting through the Director of the United States Fish and Wildlife Service, shall design and implement an ecological monitoring and evaluation program, for all Central Valley wildlife refuges, that produces an annual report based on existing and newly collected information, including—
the United States Fish and Wildlife Service Animal Health Lab disease reports;
mid-winter waterfowl inventories;
nesting and brood surveys;
additional data collected regularly by the refuges, such as herptile distribution and abundance;
a new coordinated systemwide monitoring effort for at least one key migrant species and two resident species listed as threatened and endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (including one warm-blooded and one cold-blooded), that identifies population numbers and survival rates for the 3 previous years; and
an estimate of the bioenergetic food production benefits to migrant waterfowl, consistent with the methodology used by the Central Valley Joint Venture, to compliment and inform the Central Valley Joint Venture implementation plan.
Adequate staffing for refuge water delivery objectives
The Secretary shall ensure that adequate staffing is provided to advance the refuge water supply delivery objectives under the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575).
Funding
There is authorized to be appropriated $25,000,000 to carry out subsections (a) through (d), which shall remain available until expended.
Effect on other funds
Amounts authorized under this section shall be in addition to amounts collected or appropriated under the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575).
Drought planning and preparedness for critically important fisheries
Definitions
In this section:
Critically important fisheries
The term critically important fisheries means—
commercially and recreationally important fisheries located within the Reclamation States;
fisheries containing fish species that are listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) within the Reclamation States; or
fisheries used by Indian Tribes within the Reclamation States for ceremonial, subsistence, or commercial purposes.
Qualified tribal government
The term qualified Tribal Government means any government of an Indian Tribe that the Secretary determines—
is involved in fishery management and recovery activities including under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
has the management and organizational capability to maximize the benefits of assistance provided under this section.
Drought plan for critically important fisheries
Not later than January 1, 2024, and every three years thereafter, the Secretary, acting through the Director of the United States Fish and Wildlife Service shall, in consultation with the National Marine Fisheries Service, the Bureau of Reclamation, the Army Corps of Engineers, State fish and wildlife agencies, and affected Indian Tribes, prepare a plan to sustain the survival of critically important fisheries within the Reclamation States during periods of extended drought. The plan shall focus on actions that can aid the survival of critically important fisheries during the driest years. In preparing such plan, the Director shall consider—
habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts;
relocating the release location and timing of hatchery fish to avoid predation and temperature impacts;
barging of hatchery release fish to improve survival and reduce straying;
coordination with water users, the Bureau of Reclamation, State fish and wildlife agencies, and interested public water agencies regarding voluntary water transfers, including through groundwater substitution activities, to determine if water releases can be collaboratively managed in a way that provides additional benefits for critically important fisheries without negatively impacting wildlife habitat;
hatchery management modifications, such as expanding hatchery production of fish during the driest years, if appropriate for a particular river basin;
hatchery retrofit projects, such as the installation and operation of filtration equipment and chillers, to reduce disease outbreaks, egg mortality and other impacts of droughts and high water temperatures;
increasing rescue operations of upstream migrating fish;
improving temperature modeling and related forecasted information to predict water management impacts to the habitat of critically important fisheries with a higher degree of accuracy than current models;
testing the potential for parentage-based tagging and other genetic testing technologies to improve the management of hatcheries;
programs to reduce predation losses at artificially created predation hot spots; and
retrofitting existing water facilities to provide improved temperature conditions for fish.
Public comment
The Director of the United States Fish and Wildlife Service shall provide for a public comment period of not less than 90 days before finalizing a plan under subsection (b).
Authorization of appropriations for fish recovery efforts
There is authorized to be appropriated $25,000,000 for the United States Fish and Wildlife Service for fiscal year 2023 for fish, stream, and hatchery activities related to fish recovery efforts, including work with the National Marine Fisheries Service, the Bureau of Reclamation, the Army Corps of Engineers, State fish and wildlife agencies, or a qualified Tribal Government.
Effect
Nothing in this section is intended to expand, diminish, or affect any obligation under Federal or State environmental law.
Reauthorization of the Fisheries Restoration and Irrigation Mitigation Act of 2000
Section 10(a) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) is amended by striking $15 million through 2021
and inserting $25,000,000 through 2028
.
Sustaining biodiversity during droughts
Section 9503(b) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(b)) is amended—
in paragraph (3)(D), by inserting and native biodiversity
after wildlife habitat
; and
in paragraph (4)(B), by inserting and drought biodiversity plans to address sustaining native biodiversity during periods of drought
after restoration plans
.
Water resource education
General authority
In accordance with this section, the Secretary may enter into a cooperative agreement or contract or provide financial assistance in the form of a grant, to support activities related to education on water resources.
Eligible activities
The Secretary may enter into a cooperative agreement or contract or provide financial assistance for activities that improve water resources education, including through tours, publications or other activities that—
disseminate information on water resources via educational tools, materials or programs;
publish relevant information on water resource issues, including environmental and ecological conditions;
advance projects that improve public understanding of water resource issues or management challenges, including education on drought, drought awareness, and drought resiliency;
provide training or related education for teachers, faculty, or related personnel, including in a specific geographic area or region; or
enable tours, conferences, or other activities to foster cooperation in addressing water resources or management challenges, including cooperation relating to water resources shared by the United States and Canada or Mexico.
Grant priority
In making grants under this section, the Secretary shall give priority to activities that—
provide training for the professional development of legal and technical experts in the field of water resources management; or
help educate the public, teachers or key stakeholders on—
a new or significantly improved water resource management practice, method, or technique;
the existence of a water resource management practice, method, or technique that may have wide application;
a water resource management practice, method, or technique related to a scientific field or skill identified as a priority by the Secretary; or
general water resource issues or management challenges, including as part of a science curricula in elementary or secondary education setting.
Open Access Evapotranspiration Data
Short title
This title may be cited as the Open Access Evapotranspiration Data Act
.
Definitions
In this title:
Evapotranspiration
The term evapotranspiration or ET means the process by which water is transferred from the land to the atmosphere by—
evaporation from soil and other surfaces; and
transpiration from plants.
Program
The term Program means the Open Access Evapotranspiration (OpenET) Data Program established under section 304(a).
Program partner
The term Program partner means—
an institution of higher education;
a State (including a State agency);
an Indian Tribe as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304);
a private sector entity;
a nongovernmental organization; or
any other entity determined to be appropriate by the Secretary.
Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
Findings
Congress finds that—
evapotranspiration is the second largest component of the water budget, which is an accounting of the allocation of water resources to various water uses;
evapotranspiration is a measure of the water that is consumed and lost from a water system, removed from available supplies, and unavailable for other uses within a watershed;
accurate information on evapotranspiration is required to balance water supply and water demand in a watershed and ensure that adequate water supplies for beneficial uses are available over time;
water users and managers are impeded in more efficient decision making by—
the lack of consistent and comprehensive water use data; and
the fact that access to existing data is often limited and cost-prohibitive; and
evapotranspiration data may be applied for the purposes of—
assisting users and decisionmakers to better manage resources and protect financial viability of farm operations during drought;
developing more accurate water budgets and innovative management programs to better promote conservation and sustainability efforts; and
employing greater groundwater management practices and understanding impacts of consumptive water use.
Open Access Evapotranspiration (OpenET) Data Program
Establishment
The Secretary shall establish a program to be known as the Open Access Evapotranspiration (OpenET) Data Program
under which the Secretary shall provide for the delivery of satellite-based evapotranspiration data, as available, supported by other ET methods—
to advance the quantification of evaporation and consumptive water use; and
to provide data users with estimates of evapotranspiration data across large landscapes over certain periods of time, with a priority for Landsat scale (30–100m) when available.
Purpose
The purpose of the Program is to support the operational distribution of satellite-based evapotranspiration data generated under the Program to sustain and enhance water resources in the United States.
Duties
In carrying out the Program, the Secretary shall—
evaluate, use, and modify sources of satellite-based evapotranspiration data, supported by other ET methods, based on best available science and technologies; and
coordinate and consult with—
the heads of other relevant Federal agencies, including—
the Commissioner of Reclamation;
the Administrator of the National Aeronautics and Space Administration;
the Administrator of the National Oceanic and Atmospheric Administration;
the Administrator of the Agricultural Research Service; and
the Chief of the Natural Resources Conservation Service; and
Program partners.
Components
In carrying out the Program, the Secretary shall, in coordination with other relevant agencies, carry out activities to develop, maintain, establish, expand, or advance delivery of satellite-based evapotranspiration data, supported by other ET methods, to advance the quantification of evaporation and consumptive water use, with an emphasis on carrying out activities that—
support the development and maintenance of evapotranspiration data and software systems and associated research and development in a manner that ensures that Program data are reflective of the best available science, including by providing support to Program partners, or coordinating activities with other programs within the Department of the Interior, that have developed and are maintaining evapotranspiration software systems and datasets;
demonstrate or test new and existing evapotranspiration measurement technology;
improve evapotranspiration measurement science and technology; and
develop or refine the application of satellite-based evapotranspiration data available to Federal agencies, States, and Indian Tribes, including programs within both the Water Resources and Core Science Systems divisions of the United States Geological Survey. These may include—
the Water Availability and Use Science Program, the National Water Census, and Integrated Water Availability Assessments; and
the National Land Imaging Program, the Land Change Science Program, and the Science Analytics and Synthesis Program.
Water use and availability of Program data
The Secretary—
shall incorporate, to the maximum extent practicable, program information and data for purposes of determining consumptive water use on irrigated or other vegetated landscapes for use by water resource management agencies;
may continue to coordinate data analyses, use, and collection efforts with other Federal agencies, States, and Tribal governments through existing coordinating organizations, such as—
the Western States Water Council; and
the Western States Federal Agency Support Team; and
may provide information collected and analyzed under the Program to Program partners through appropriate mechanisms, including through agreements with Federal agencies, States (including State agencies), or Indian Tribes, leases, contracts, cooperative agreements, grants, loans, and memoranda of understanding.
Cooperative agreements
The Secretary shall—
enter into cooperative agreements with Program partners to provide for the efficient and cost-effective administration of the Program, including through cost sharing or by providing additional in-kind resources necessary to carry out the Program; and
provide nonreimbursable matching funding, as permissible, for programmatic and operational activities under this section, in consultation with Program partners.
Environmental laws
Nothing in this title modifies any obligation of the Secretary to comply with applicable Federal and State environmental laws in carrying out this title.
Report
Not later than 5 years after the date of the enactment of this title, the Secretary shall submit to the Committees on Energy and Natural Resources, Agriculture, Nutrition, and Forestry, and Appropriations of the Senate and the Committees on Natural Resources, Agriculture, and Appropriations of the House of Representatives a report that includes—
a status update on the operational incorporation of Program data into modeling, water planning, and reporting efforts of relevant Federal agencies; and
a list of Federal agencies and Program partners that are applying Program data to beneficial use, including a description of examples of beneficial uses.
Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this title $23,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.
Colorado River Indian Tribes Water Resiliency
Short title
This title may be cited as the Colorado River Indian Tribes Water Resiliency Act of 2022
.
Findings
The purposes of this title are to authorize—
the CRIT to enter into lease or exchange agreements, storage agreements, and agreements for conserved water for the economic well-being of the CRIT; and
the Secretary to approve any lease or exchange agreements, storage agreements, or agreements for conserved water entered into by the CRIT.
Definitions
In this title:
Agreement for conserved water
The term agreement for conserved water means an agreement for the creation of system conservation, storage of conserved water in Lake Mead, or other mechanisms for voluntarily leaving a portion of the CRIT reduced consumptive use in Lake Mead.
Allottee
The term allottee means an individual who holds a beneficial real property interest in an allotment of Indian land that is—
located within the exterior boundaries of the Reservation; and
held in trust by the United States.
Consolidated decree
The term Consolidated Decree means the decree entered by the Supreme Court of the United States in Arizona v. California (547 U.S. 150 (2006)).
Consumptive use
The term consumptive use means a portion of the decreed allocation that has a recent history of use by the CRIT within the exterior boundary of the Reservation. Any verified reduction in consumptive use pursuant to a lease or exchange agreement, storage agreement, or agreement for conserved water, shall be deemed to be a consumptive use in the year in which the reduction occurred, if the reduction is reflected in the Water Accounting Report.
Crit
The term CRIT means the Colorado River Indian Tribes, a federally recognized Indian Tribe.
Decreed allocation
The term decreed allocation means the volume of water of the mainstream of the Colorado River allocated to the CRIT that is accounted for as part of the apportionment for the State in part I–A of the Appendix of the Consolidated Decree.
Lower basin
The term Lower Basin has the meaning given the term in article II(g) of the Colorado River Compact of 1922, as approved by Federal law in section 13 of the Boulder Canyon Project Act (43 U.S.C. 617l) and by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000).
Person
The term person means an individual, a public or private corporation, a company, a partnership, a joint venture, a firm, an association, a society, an estate or trust, a private organization or enterprise, the United States, an Indian Tribe, a governmental entity, or a political subdivision or municipal corporation organized under, or subject to, the constitution and laws of the State.
Reservation
The term Reservation means the portion of the reservation established for the CRIT that is located in the State.
Secretary
The term Secretary means the Secretary of the Interior.
State
Except for purposes of section 416, the term State means the State of Arizona.
Storage
The term storage means the underground storage, in accordance with State law, of a portion of the consumptive use off the Reservation within the Lower Basin in the State.
Water accounting report
The term Water Accounting Report means the annual report of the Bureau of Reclamation entitled the Colorado River Accounting and Water Use Report: Arizona, California, and Nevada
which includes the compilation of records in accordance with article V of the Consolidated Decree.
Lease or exchange agreements
Authorization
Notwithstanding section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act
; 25 U.S.C. 177) or any other provision of law, the CRIT is authorized, subject to the approval of the Secretary under section 407(a), and has the sole authority, to enter into, with any person, an agreement to lease or exchange, or an option to lease or exchange, a portion of the consumptive use for a use off the Reservation (referred to in this title as a lease or exchange agreement
), on the condition that the use off the Reservation is located in the Lower Basin in the State and is not in Navajo, Apache, or Cochise counties.
Term of lease or exchange agreement
The term of any lease or exchange agreement entered into under subsection (a) shall be mutually agreed, except that the term shall not exceed 100 years.
Modifications
Any lease or exchange agreement entered into under subsection (a) may be renegotiated or modified at any time during the term of the lease or exchange agreement, subject to the approval of the Secretary under section 407(a), on the condition that the term of the renegotiated lease or exchange agreement does not exceed 100 years.
Applicable law
Any person entering into a lease or exchange agreement with the CRIT under this section shall use the water received under the lease or exchange agreement in accordance with applicable Federal and State law.
Storage agreements
Authorization
Notwithstanding section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act
; 25 U.S.C. 177) or any other provision of law, the CRIT is authorized, subject to the approval of the Secretary under section 407(a), and has the sole authority, to enter into an agreement, including with the Arizona Water Banking Authority (or successor agency or entity), for the storage of a portion of the consumptive use, or the water received under an exchange pursuant to an exchange agreement under section 404, at 1 or more underground storage facilities or groundwater savings facilities off the Reservation (referred to in this title as a storage agreement
), on the condition that the facility is located in the Lower Basin in the State and is not in Navajo, Apache, or Cochise counties.
Applicable law
Any storage agreement entered into under this section shall be in accordance with applicable Federal and State law.
Delegation of rights
The CRIT may assign or sell any long-term storage credits accrued as a result of a storage agreement, on the condition that the assignment or sale is in accordance with applicable State law.
Agreements for creation of water for the Colorado River System or for Storing Water in Lake Mead
Authorization
Notwithstanding section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act
; 25 U.S.C. 177) or any other provision of law, the CRIT is authorized, subject to the approval of the Secretary under section 407(a), and has the sole authority, to enter into, with any person, an agreement for conserved water on the condition that if the conserved water is delivered, the delivery is to a location in the Lower Basin of the State and not in Navajo, Apache, or Cochise counties.
Term of an agreement for conserved water
The term of any agreement for conserved water entered into under subsection (a) shall be mutually agreed, except that the term shall not exceed 100 years.
Applicable law
Any person entering into an agreement for conserved water with the CRIT under this section shall use the water received in accordance with applicable Federal and State law.
Secretarial approval; disapproval; agreements
Authorization
The Secretary shall approve or disapprove any—
lease or exchange agreement;
modification to a lease or exchange agreement;
storage agreement;
modification to a storage agreement; or
agreement for conserved water.
Secretarial agreements
The Secretary is authorized to enter lease or exchange agreements, storage agreements, or agreements for conserved water with the CRIT, provided the Secretary pays the fair market value for the CRIT reduced consumptive use.
Requirements
In general
The Secretary shall not approve any lease or exchange agreement, or any modification to a lease or exchange agreement, any storage agreement, or any modification to a storage agreement that is not in compliance with—
this title; and
the agreement entered into between the CRIT, the State, and the Secretary under section 410(a).
Conserved water
The Secretary shall not approve any agreement for conserved water that is not in compliance with—
this title; and
other applicable Federal law.
Permanent alienation
The Secretary shall not approve any lease or exchange agreement, or any modification to a lease or exchange agreement, or any storage agreement, or modification to a storage agreement, or agreement for conserved water that permanently alienates any portion of the CRIT decreed allocation.
Other requirements
The requirement for Secretarial approval under subsection (a) shall satisfy the requirements of section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act
; 25 U.S.C. 177).
Authority of the secretary
Nothing in this title, or any agreement entered into or approved by the Secretary under this title, including any lease or exchange agreement, storage agreement, or agreement for conserved water, shall diminish or abrogate the authority of the Secretary to act under applicable Federal law or regulation, including the Consolidated Decree.
Responsibilities of the Secretary
Compliance
When approving a lease or exchange agreement, a storage agreement, or an agreement for conserved water, the Secretary shall promptly comply with all aspects of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other applicable environmental Acts and regulations.
Documentation
The Secretary shall document any lease or exchange agreement, storage agreement, or agreement for conserved water in the Water Accounting Report.
Agreement between the CRIT and the State
In general
Before entering into the first lease or exchange agreement or storage agreement, the CRIT shall enter into an agreement with the State that outlines all notice, information sharing, and collaboration requirements that shall apply to any potential lease or exchange agreement or storage agreement the CRIT may enter into.
Requirement
The agreement required under subsection (a) shall include a provision that requires the CRIT to submit to the State all documents regarding a potential lease or exchange agreement or storage agreement.
Agreement between the CRIT, the State, and the Secretary
In general
Before approving the first lease or exchange agreement or storage agreement under section 407, the Secretary shall enter into an agreement with the State and the CRIT that describes the procedural, technical, and accounting methodologies for any lease or exchange agreement or storage agreement the CRIT may enter into, including quantification of the reduction in consumptive use and water accounting.
NEPA
The execution of the agreement required under subsection (a) shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Effect
Nothing in this title shall prohibit the Secretary from agreeing with the CRIT and the State to a modification to an agreement entered into under subsection (a) (including an appendix or exhibit to the agreement) if that the modification—
is in compliance with this title; and
does not otherwise require congressional approval under section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act
; 25 U.S.C. 177) or any other provision of law.
No effect on the CRIT decreed allocation
Temporary use
A lease or exchange agreement, storage agreement, or agreement for conserved water—
shall provide for the temporary use, storage or conservation of a portion of the consumptive use off the Reservation; and
shall not permanently alienate the decreed allocation.
Priority status
In general
The lease or exchange of a portion of the consumptive use shall not cause that portion to lose or change its priority under the Consolidated Decree.
Nonuse
Any nonuse by a person who is a party to any lease or exchange agreement or storage agreement with the CRIT shall not result in forfeiture, abandonment, relinquishment, or other loss by the CRIT of all or any portion of the decreed allocation.
Reservation of rights
The lease, exchange, storage, or conservation of a portion of the consumptive use shall not reduce or limit the right of the CRIT to use the remaining portion of the decreed allocation on the Reservation.
Storage agreements
A storage agreement entered into under this title shall account for the quantity of water in storage off the Reservation in accordance with applicable State law.
Allottee use of water
Interference
The lease, exchange, storage, or conservation of a portion of the consumptive use shall not directly or indirectly interfere with, or diminish, any entitlement to water for an allottee under Federal or Tribal law.
Water rights of allottees
The Secretary shall protect the rights of the allottees to a just and equitable distribution of water for irrigation purposes, pursuant to section 7 of the Act of February 8, 1887 (commonly known as the Indian General Allotment Act
; 24 Stat. 390, chapter 119; 25 U.S.C. 381) (referred to in this section as the Act
).
Relief under tribal law
Prior to asserting any claim against the United States pursuant to the Act, or any other applicable law, an allottee shall exhaust all remedies available under applicable Tribal law.
Relief under the indian general allotment act
Following an exhaustion of remedies available under applicable Tribal law, an allottee may seek relief under the Act, or any other applicable law.
Relief from the secretary
Following exhaustion of remedies available under the Act, or any other applicable law, an allottee may petition the Secretary for relief.
Consideration paid to the CRIT
The CRIT, and not the United States in any capacity, shall be entitled to all consideration due to the CRIT under any lease or exchange agreement, storage agreement, or agreement for conserved water.
Liability of the United States
Limitation of liability
The United States shall not be liable to the CRIT or to any party to a lease or exchange agreement, storage agreement, or agreement for conserved water in any claim relating to the negotiation, execution, or approval of any lease or exchange agreement, storage agreement, or an agreement for conserved water, including any claim relating to the terms included in such an agreement, except for claims related to section 408(a).
Obligations
The United States shall have no trust obligation or other obligation to monitor, administer, or account for—
any funds received by the CRIT as consideration under any lease or exchange agreement, storage agreement, or agreement for conserved water; or
the expenditure of such funds.
Application
In general
This title shall apply only to the portion of the decreed allocation that is available for use in the State.
Requirement
The portion of the decreed allocation that is available for use in the State shall not be used, directly or indirectly, outside the Lower Basin in the State or in Navajo, Apache, or Cochise counties.
Rule of construction
Nothing in this title establishes, or shall be considered to establish, a precedent in any litigation involving, or alters, affects, or quantifies, any water right with respect to—
the United States;
any other Indian Tribe, band, or community;
any State or political subdivision or district of a State; or
any person.
Hualapai Tribe Water Rights Settlement
Short title
This title may be cited as the Hualapai Tribe Water Rights Settlement Act of 2022
.
Purposes
The purposes of this title are—
to resolve, fully and finally, all claims to rights to water in the State, including the Verde River, the Bill Williams River, and the Colorado River, of—
the Hualapai Tribe, on behalf of the Hualapai Tribe and the members of the Hualapai Tribe; and
the United States, acting as trustee for the Hualapai Tribe, the members of the Hualapai Tribe, and the allottees;
to authorize, ratify, and confirm the Hualapai Tribe water rights settlement agreement, to the extent that agreement is consistent with this title;
to authorize and direct the Secretary to execute and perform the duties and obligations of the Secretary under the Hualapai Tribe water rights settlement agreement and this title; and
to authorize the appropriation of funds necessary to carry out the Hualapai Tribe water rights settlement agreement and this title.
Definitions
In this title:
1947 judgment
The term 1947 Judgment means the Judgment and the Stipulation and Agreement, including exhibits to the Judgment and the Stipulation and Agreement, entered on March 13, 1947, in United States v. Santa Fe Pac. R.R. Co., No. E–190 (D. Ariz.) and attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.1.
AFY
The term AFY means acre-feet per year.
Allotment
The term allotment means any of the 4 off-reservation parcels that are—
held in trust by the United States for individual Indians in the Big Sandy River basin in Mohave County, Arizona, under the patents numbered 1039995, 1039996, 1039997, and 1019494; and
identified as Parcels 1A, 1B, 1C, and 2 on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6.
Allottee
The term allottee means any Indian owner of an allotment.
Available CAP supply
The term available CAP supply means, for any year—
all fourth priority water available for delivery through the Central Arizona Project;
water available from Central Arizona Project dams and reservoirs other than the Modified Roosevelt Dam; and
return flows captured by the Secretary for Central Arizona Project use.
Bill Williams Act
The term Bill Williams Act means the Bill Williams River Water Rights Settlement Act of 2014 (Public Law 113–223; 128 Stat. 2096).
Bill Williams agreements
The term Bill Williams agreements means the Amended and Restated Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, including all exhibits to each agreement, copies of which (excluding exhibits) are attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.11.
Bill Williams River Phase 2 Enforceability Date
The term Bill Williams River Phase 2 Enforceability Date means the date described in section 514(d).
Bill Williams River Phase 2 water rights settlement agreement
The term Bill Williams River phase 2 water rights settlement agreement means the agreement of that name that is attached to, and incorporated in, the Hualapai Tribe water rights settlement agreement as Exhibit 4.3.3.
Cap contract
The term CAP contract means a long-term contract (as defined in the CAP repayment stipulation) with the United States for delivery of CAP water through the CAP system.
Cap contractor
The term CAP contractor—
means a person that has entered into a CAP contract; and
includes the Hualapai Tribe.
Cap fixed OM&R charge
The term CAP fixed OM&R charge has the meaning given the term Fixed OM&R Charge in the CAP repayment stipulation.
Cap M&I priority water
The term CAP M&I priority water means water within the available CAP supply having a municipal and industrial delivery priority.
Cap NIA priority water
The term CAP NIA priority water means water within the available CAP supply having a non-Indian agricultural delivery priority.
Cap operating agency
The term CAP operating agency means—
the 1 or more entities authorized to assume responsibility for the care, operation, maintenance, and replacement of the CAP system; and
as of the date of the enactment of this title, the Central Arizona Water Conservation District.
Cap pumping energy charge
The term CAP pumping energy charge has the meaning given the term Pumping Energy Charge in the CAP repayment stipulation.
Cap repayment contract
The term CAP repayment contract means—
the contract dated December 1, 1988 (Contract No. 14–06–W–245, Amendment No. 1), between the United States and the Central Arizona Water Conservation District for the Delivery of Water and Repayment of Costs of the Central Arizona Project; and
any amendment to, or revision of, that contract.
Cap repayment stipulation
The term CAP repayment stipulation means the Stipulated Judgment and the Stipulation for Judgment, including any exhibits to those documents, entered on November 21, 2007, in the United States District Court for the District of Arizona in the consolidated civil action Central Arizona Water Conservation District v. United States, numbered CIV 95–625–TUC–WDB (EHC) and CIV 95–1720–PHX–EHC.
Cap subcontract
The term CAP subcontract means a long-term subcontract (as defined in the CAP repayment stipulation) with the United States and the Central Arizona Water Conservation District for the delivery of CAP water through the CAP system.
Cap subcontractor
The term CAP subcontractor means a person that has entered into a CAP subcontract.
Cap system
The term CAP system means—
the Mark Wilmer Pumping Plant;
the Hayden-Rhodes Aqueduct;
the Fannin-McFarland Aqueduct;
the Tucson Aqueduct;
any pumping plant or appurtenant work of a feature described in subparagraph (A), (B), (C), or (D); and
any extension of, addition to, or replacement for a feature described in subparagraph (A), (B), (C), (D), or (E).
Cap water
The term CAP water has the meaning given the term Project Water in the CAP repayment stipulation.
Central Arizona Project
The term Central Arizona Project means the reclamation project authorized and constructed by the United States in accordance with title III of the Colorado River Basin Project Act (43 U.S.C. 1521 et seq.).
Central Arizona Water Conservation District
The term Central Arizona Water Conservation District means the political subdivision of the State that is the contractor under the CAP repayment contract.
Colorado river compact
The term Colorado River Compact means the Colorado River Compact of 1922, as ratified and reprinted in article 2 of chapter 7 of title 45, Arizona Revised Statutes.
Colorado river water entitlement
The term Colorado River water entitlement means the right or authorization to use Colorado River water in the State through a mainstem contract with the Secretary pursuant to section 5 of the Boulder Canyon Project Act (43 U.S.C. 617d).
Diversion
The term diversion means an act to divert.
Divert
The term divert means to receive, withdraw, develop, produce, or capture water using—
a ditch, canal, flume, bypass, pipeline, pit, collection or infiltration gallery, conduit, well, pump, turnout, dam, or any other mechanical device; or
any other act of man.
Domestic purpose
In general
The term domestic purpose means any use relating to the supply, service, or activity of a household or private residence.
Inclusions
The term domestic purpose includes the application of water to not more than 2 acres of land to produce a plant or parts of a plant for—
sale or human consumption; or
use as feed for livestock, range livestock, or poultry.
Effluent
The term effluent means water that—
has been used in the State for domestic, municipal, or industrial purposes, other than solely for hydropower generation; and
is available for reuse for any purpose, regardless or whether the water has been treated to improve the quality of the water.
Enforceability date
The term Enforceability Date means the date described in section 514(a).
Exchange
The term exchange means a trade between 1 or more persons of any water for any other water, if each person has a right or claim to use the water the person provides in the trade, regardless of whether the water is traded in equal quantities or other consideration is included in the trade.
Fourth priority water
The term fourth priority water means Colorado River water that is available for delivery in the State for the satisfaction of entitlements—
in accordance with contracts, Secretarial reservations, perfected rights, and other arrangements between the United States and water users in the State entered into or established after September 30, 1968, for use on Federal, State, or privately owned land in the State, in a total quantity of not greater than 164,652 AFY of diversions; and
after first providing for the delivery of Colorado River water for the CAP system, including for use on Indian land, under section 304(e) of the Colorado River Basin Project Act (43 U.S.C. 1524(e)), in accordance with the CAP repayment contract.
Freeport
The term Freeport—
means the Delaware corporation named Freeport Minerals Corporation
; and
includes all subsidiaries, affiliates, successors, and assigns of Freeport Minerals Corporation, including Byner Cattle Company, a Nevada corporation.
Gila river adjudication
The term Gila River adjudication means the action pending in the Superior Court of the State, in and for the County of Maricopa, In Re the General Adjudication of All Rights To Use Water In The Gila River System and Source, W–1 (Salt), W–2 (Verde), W–3 (Upper Gila), W–4 (San Pedro) (Consolidated).
Gila river adjudication court
The term Gila River adjudication court means the Superior Court of the State, in and for the County of Maricopa, exercising jurisdiction over the Gila River adjudication.
Gila river adjudication decree
The term Gila River adjudication decree means the judgment or decree entered by the Gila River adjudication court in substantially the same form as the form of judgment attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.43.
Groundwater
The term groundwater means all water beneath the surface of the Earth within the State that is not—
surface water;
effluent; or
Colorado River water.
Hualapai fee land
The term Hualapai fee land means land, other than Hualapai trust land, that—
is located in the State;
is located outside the exterior boundaries of the Hualapai Reservation or Hualapai trust land; and
as of the Enforceability Date, is owned by the Hualapai Tribe, including by a tribally owned corporation.
Hualapai land
The term Hualapai land means—
the Hualapai Reservation;
Hualapai trust land; and
Hualapai fee land.
Hualapai reservation
The term Hualapai Reservation means the land within the exterior boundaries of the Hualapai Reservation, including—
all land withdrawn by the Executive order dated January 4, 1883, as modified by the May 28, 1942, order of the Secretary pursuant to the Act of February 20, 1925 (43 Stat. 954, chapter 273);
the land identified by the Executive orders dated December 22, 1898, May 14, 1900, and June 2, 1911; and
the land added to the Hualapai Reservation by sections 511 and 512.
Hualapai tribe
The term Hualapai Tribe means the Hualapai Tribe, a federally recognized Indian Tribe of Hualapai Indians organized under section 16 of the Act of June 18, 1934 (25 U.S.C. 5123; commonly known as the Indian Reorganization Act
).
Hualapai tribe cap water
The term Hualapai Tribe CAP water means the 4,000 AFY of the CAP NIA priority water that—
was previously allocated to non-Indian agricultural entities;
was retained by the Secretary for reallocation to Indian Tribes in the State pursuant to section 104(a)(1)(A)(iii) of the Central Arizona Project Settlement Act of 2004 (Public Law 108–451; 118 Stat. 3487); and
is reallocated to the Hualapai Tribe pursuant to section 513.
Hualapai tribe water delivery contract
The term Hualapai Tribe water delivery contract means the contract entered into in accordance with the Hualapai Tribe water rights settlement agreement and section 513(c) for the delivery of Hualapai Tribe CAP water.
Hualapai tribe water rights settlement agreement
In general
The term Hualapai Tribe water rights settlement agreement means the agreement, including exhibits, entitled Hualapai Tribe Water Rights Settlement Agreement
and dated February 11, 2019.
Inclusions
The term Hualapai Tribe water rights settlement agreement includes—
any amendments necessary to make the Hualapai Tribe water rights settlement agreement consistent with this title; and
any other amendments approved by the parties to the Hualapai Tribe water rights settlement agreement and the Secretary.
Hualapai trust land
The term Hualapai trust land means land, other than Hualapai fee land, that is—
located—
in the State; and
outside the exterior boundaries of the Hualapai Reservation; and
as of the Enforceability Date, held in trust by the United States for the benefit of the Hualapai Tribe.
Hualapai water project
The term Hualapai Water Project means the project constructed in accordance with section 506(a)(7)(A).
Hualapai water trust fund account
The term Hualapai Water Trust Fund Account means the account established under section 506(a)(1).
Indian tribe
The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Injury to water rights
In general
The term injury to water rights means any interference with, diminution of, or deprivation of, a water right under Federal, State, or other law.
Exclusion
The term injury to water rights does not include any injury to water quality.
Lower basin
The term lower basin has the meaning given the term in article II(g) of the Colorado River Compact.
Lower Colorado river basin development fund
The term Lower Colorado River Basin Development Fund means the fund established by section 403(a) of the Colorado River Basin Project Act (43 U.S.C. 1543(a)).
Member
The term member means any person duly enrolled as a member of the Hualapai Tribe.
Om&r
The term OM&R means—
any recurring or ongoing activity relating to the day-to-day operation of a project;
any activity relating to scheduled or unscheduled maintenance of a project; and
any activity relating to replacing a feature of a project.
Parcel 1
The term Parcel 1 means the parcel of land that is—
depicted as 3 contiguous allotments identified as 1A, 1B, and 1C on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; and
held in trust for certain allottees.
Parcel 2
The term Parcel 2 means the parcel of land that is—
depicted as Parcel 2
on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; and
held in trust for certain allottees.
Parcel 3
The term Parcel 3 means the parcel of land that is—
depicted as Parcel 3
on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6;
held in trust for the Hualapai Tribe; and
part of the Hualapai Reservation pursuant to Executive Order 1368, dated June 2, 1911.
Party
The term party means a person that is a signatory to the Hualapai Tribe water rights settlement agreement.
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Arizona.
Stock watering
The term stock watering means the watering of livestock, range livestock, or poultry.
Surface water
The term surface water means all water in the State that is appropriable under State law.
Truxton basin
The term Truxton Basin means the groundwater aquifer described in the report issued by the United States Geological Survey entitled Groundwater Availability in the Truxton Basin, Northwestern Arizona
, Scientific Investigations Report No. 2020–5017–A.
Water
The term water, when used without a modifying adjective, means—
groundwater;
surface water;
effluent; and
Colorado River water.
Water right
The term water right means any right in or to groundwater, surface water, effluent, or Colorado River water under Federal, State, or other law.
Ratification and execution of Hualapai Tribe water rights settlement agreement
Ratification
In general
Except as modified by this title and to the extent the Hualapai Tribe water rights settlement agreement does not conflict with this title, the Hualapai Tribe water rights settlement agreement is authorized, ratified, and confirmed.
Amendments
If an amendment to the Hualapai Tribe water rights settlement agreement, or to any exhibit attached to the Hualapai Tribe water rights settlement agreement requiring the signature of the Secretary, is executed in accordance with this title to make the Hualapai Tribe water rights settlement agreement consistent with this title, the amendment is authorized, ratified, and confirmed, to the extent the amendment is consistent with this title.
Execution
In general
To the extent the Hualapai Tribe water rights settlement agreement does not conflict with this title, the Secretary shall execute the Hualapai Tribe water rights settlement agreement, including all exhibits to, or parts of, the Hualapai Tribe water rights settlement agreement requiring the signature of the Secretary.
Modifications
Nothing in this title prohibits the Secretary from approving any modification to an appendix or exhibit to the Hualapai Tribe water rights settlement agreement that is consistent with this title, to the extent the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes (25 U.S.C. 177) or any other applicable provision of Federal law.
Environmental compliance
In general
In implementing the Hualapai Tribe water rights settlement agreement (including all exhibits to the Hualapai Tribe water rights settlement agreement requiring the signature of the Secretary) and this title, the Secretary shall comply with all applicable provisions of—
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and
all other applicable Federal environmental laws and regulations.
Compliance
In general
In implementing the Hualapai Tribe water rights settlement agreement and this title, the Hualapai Tribe shall prepare any necessary environmental documents, consistent with all applicable provisions of—
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and
all other applicable Federal environmental laws and regulations.
Authorizations
The Secretary shall—
independently evaluate the documentation submitted under subparagraph (A); and
be responsible for the accuracy, scope, and contents of that documentation.
Effect of execution
The execution of the Hualapai Tribe water rights settlement agreement by the Secretary under this section shall not constitute a major action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Water rights
Water rights to be held in trust
Hualapai tribe
The United States shall hold the following water rights in trust for the benefit of the Hualapai Tribe:
The water rights for the Hualapai Reservation described in subparagraph 4.2 of the Hualapai Tribe water rights settlement agreement.
The water rights for Hualapai trust land described in subparagraph 4.4 of the Hualapai Tribe water rights settlement agreement.
The water rights described in section 512(e)(2) for any land taken into trust by the United States for the benefit of the Hualapai Tribe—
after the Enforceability Date; and
in accordance with section 512(e)(1).
All Hualapai Tribe CAP water.
Allottees
The United States shall hold in trust for the benefit of the allottees all water rights for the allotments described in subparagraph 4.3.2 of the Hualapai Tribe water rights settlement agreement.
Forfeiture and abandonment
The following water rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law:
The water rights for the Hualapai Reservation described in subparagraph 4.2 of the Hualapai Tribe water rights settlement agreement.
The water rights for Hualapai trust land described in subparagraph 4.4 of the Hualapai Tribe water rights settlement agreement.
Any Colorado River water entitlement purchased by the Hualapai Tribe wholly or substantially with amounts in the Economic Development Fund described in section 8.1 of the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement.
Alienation
Any Colorado River water entitlement purchased by the Hualapai Tribe wholly or substantially with amounts in the Economic Development Fund described in section 8.1 of the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement shall be restricted against permanent alienation by the Hualapai Tribe.
Hualapai tribe cap water
The Hualapai Tribe shall have the right to divert, use, and store the Hualapai Tribe CAP water in accordance with section 513.
Colorado river water entitlements
Uses
The Hualapai Tribe shall have the right to use any Colorado River water entitlement purchased by or donated to the Hualapai Tribe at the location to which the entitlement is appurtenant on the date on which the entitlement is purchased or donated.
Storage
In general
Subject to paragraphs (3) and (5), the Hualapai Tribe may store Colorado River water available under any Colorado River water entitlement purchased by or donated to the Hualapai Tribe at underground storage facilities or groundwater savings facilities located within the State and in accordance with State law.
Assignments
The Hualapai Tribe may assign any long-term storage credits accrued as a result of storage under subparagraph (A) in accordance with State law.
Transfers
The Hualapai Tribe may transfer the entitlement for use or storage under paragraph (1) or (2), respectively, to another location within the State, including the Hualapai Reservation, in accordance with the Hualapai Tribe water rights settlement agreement and all applicable Federal and State laws governing the transfer of Colorado River water entitlements within the State.
Leases
The Hualapai Tribe may lease any Colorado River water entitlement for use or storage under paragraph (1) or (2), respectively, to a water user within the State, in accordance with the Hualapai Tribe water rights settlement agreement and all applicable Federal and State laws governing the transfer of Colorado River water entitlements within the State.
Transports
The Hualapai Tribe, or any person who leases a Colorado River water entitlement from the Hualapai Tribe under paragraph (4), may transport Colorado River water available under the Colorado River water entitlement through the Central Arizona Project in accordance with all laws of the United States and the agreements between the United States and the Central Arizona Water Conservation District governing the use of the Central Arizona Project to transport water other than CAP water.
Use off-reservation
No water rights to groundwater under the Hualapai Reservation or Hualapai trust land, or to surface water on the Hualapai Reservation or Hualapai trust land, may be sold, leased, transferred, or used outside the boundaries of the Hualapai Reservation or Hualapai trust land, other than under an exchange.
Groundwater transportation
Fee land
Groundwater may be transported in accordance with State law away from Hualapai fee land and away from land acquired in fee by the Hualapai Tribe, including by a tribally owned corporation, after the Enforceability Date.
Land added to hualapai reservation
Groundwater may be transported in accordance with State law away from land added to the Hualapai Reservation by sections 511 and 512 to other land within the Hualapai Reservation.
Hualapai Water Trust Fund Account; construction of Hualapai water project; funding
Hualapai water trust fund account
Establishment
The Secretary shall establish a trust fund account, to be known as the Hualapai Water Trust Fund Account
, to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Hualapai Water Trust Fund Account under paragraph (2), together with any interest earned on those amounts, for the purposes of carrying out this title.
Deposits
The Secretary shall deposit in the Hualapai Water Trust Fund Account the amounts made available pursuant to section 507(a)(1).
Management and interest
Management
On receipt and deposit of funds into the Hualapai Water Trust Fund Account, the Secretary shall manage, invest, and distribute all amounts in the Hualapai Water Trust Fund Account in a manner that is consistent with the investment authority of the Secretary under—
the first section of the Act of June 24, 1938 (25 U.S.C. 162a);
the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
this subsection.
Investment earnings
In addition to the deposits made to the Hualapai Water Trust Fund Account under paragraph (2), any investment earnings, including interest, credited to amounts held in the Hualapai Water Trust Fund Account are authorized to be used in accordance with paragraph (7).
Availability of amounts
In general
Amounts appropriated to, and deposited in, the Hualapai Water Trust Fund Account, including any investment earnings, shall be made available to the Hualapai Tribe by the Secretary beginning on the Enforceability Date, subject to the requirements of this section.
Use
Notwithstanding subparagraph (A), amounts deposited in the Hualapai Water Trust Fund Account shall be available to the Hualapai Tribe on the date on which the amounts are deposited for environmental compliance, as provided in section 508.
Withdrawals
Withdrawals under the american indian trust fund management reform act of 1994
In general
The Hualapai Tribe may withdraw any portion of the amounts in the Hualapai Water Trust Fund Account on approval by the Secretary of a Tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
Requirements
In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal management plan under this subparagraph shall require that the Hualapai Tribe spend all amounts withdrawn from the Hualapai Water Trust Fund Account and any investment earnings accrued through the investments under the Tribal management plan in accordance with this title.
Enforcement
The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this subparagraph to ensure that amounts withdrawn by the Hualapai Tribe from the Hualapai Water Trust Fund Account under clause (i) are used in accordance with this title.
Withdrawals under expenditure plan
In general
The Hualapai Tribe may submit to the Secretary a request to withdraw funds from the Hualapai Water Trust Fund Account pursuant to an approved expenditure plan.
Requirements
To be eligible to withdraw amounts under an expenditure plan under this subparagraph, the Hualapai Tribe shall submit to the Secretary an expenditure plan for any portion of the Hualapai Water Trust Fund Account that the Hualapai Tribe elects to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in this title.
Inclusions
An expenditure plan under this subparagraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Hualapai Water Trust Fund Account will be used by the Hualapai Tribe, in accordance with paragraph (7).
Approval
The Secretary shall approve an expenditure plan submitted under clause (ii) if the Secretary determines that the plan—
is reasonable; and
is consistent with, and will be used for, the purposes of this title.
Enforcement
The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this subparagraph are used in accordance with this title.
Effect of title
Nothing in this section gives the Hualapai Tribe the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under paragraph (5)(A) or an expenditure plan under paragraph (5)(B) except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act
).
Uses
Amounts from the Hualapai Water Trust Fund Account shall be used by the Hualapai Tribe—
to plan, design, construct, and conduct related activities, including compliance with Federal environmental laws under section 508, the Hualapai Water Project, which shall be designed to divert, treat, and convey up to 3,414 AFY of water from the Colorado River in the lower basin in the State, including locations on or directly adjacent to the Hualapai Reservation, for municipal, commercial, and industrial uses on the Hualapai Reservation;
to perform OM&R on the Hualapai Water Project;
to construct facilities to transport electrical power to pump water for the Hualapai Water Project;
to construct, repair, and replace such infrastructure as may be necessary for groundwater wells on the Hualapai Reservation and to construct infrastructure for delivery and use of such groundwater on the Hualapai Reservation;
to acquire land, interests in land, and water rights outside the exterior boundaries of the Hualapai Reservation that are located in the Truxton Basin;
to reimburse the Hualapai Tribe for any—
planning, design, and engineering costs associated with the Hualapai Water Project that the Hualapai Tribe incurs using Tribal funds during the period—
beginning on the date of the enactment of this title; and
ending on the Enforceability Date; and
construction costs associated with the Hualapai Water Project that the Hualapai Tribe incurs using Tribal funds during the period—
beginning on the date on which the Secretary issues a record of decision; and
ending on the Enforceability Date; and
to make contributions to the Economic Development Fund described in section 8.1 of the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement for the purpose of purchasing additional Colorado River water entitlements and appurtenant land.
Liability
The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Hualapai Water Trust Fund Account by the Hualapai Tribe under paragraph (5).
Title to infrastructure
Title to, control over, and operation of any project constructed using funds from the Hualapai Water Trust Fund Account shall remain in the Hualapai Tribe.
Om&r
All OM&R costs of any project constructed using funds from the Hualapai Water Trust Fund Account shall be the responsibility of the Hualapai Tribe.
No per capita distributions
No portion of the Hualapai Water Trust Fund Account shall be distributed on a per capita basis to any member of the Hualapai Tribe.
Expenditure reports
The Hualapai Tribe shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under this title.
Hualapai water settlement implementation fund account
Establishment
There is established in the Treasury of the United States a nontrust, interest-bearing account, to be known as the Hualapai Water Settlement Implementation Fund Account
(referred to in this subsection as the Implementation Fund Account
) to be managed and distributed by the Secretary, for use by the Secretary for carrying out this title.
Deposits
The Secretary shall deposit in the Implementation Fund Account the amounts made available pursuant to section 507(a)(2).
Uses
The Implementation Fund Account shall be used by the Secretary to carry out section 515(c), including for groundwater monitoring in the Truxton Basin.
Interest
In addition to the deposits under paragraph (2), any investment earnings, including interest, credited to amounts unexpended in the Implementation Fund Account are authorized to be appropriated to be used in accordance with paragraph (3).
Authorizations of appropriations
Authorizations
Hualapai water trust fund account
There is authorized to be appropriated to the Secretary for deposit in the Hualapai Water Trust Fund Account $180,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury.
Hualapai water settlement implementation fund account
There is authorized to be appropriated to the Secretary for deposit in the Hualapai Water Settlement Implementation Fund account established by section 506(b)(1) $5,000,000.
Prohibition
Notwithstanding any other provision of law, any amounts made available under paragraph (1) or (2) shall not be made available from the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a)) until 2034.
Fluctuation in costs
In general
The amount authorized to be appropriated under subsection (a)(1) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of the enactment of this title, as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend.
Construction costs adjustment
The amount authorized to be appropriated under subsection (a)(1) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved.
Repetition
The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated.
Period of indexing
The period of indexing adjustment for any increment of funding shall end on the date on which the funds are deposited in the Hualapai Water Trust Fund Account.
Environmental compliance
In general
Effective beginning on the date of deposit of funds in the Hualapai Water Trust Fund Account, the Hualapai Tribe may commence any environmental, cultural, and historical compliance activities necessary to implement the Hualapai Tribe water rights settlement agreement and this title, including activities necessary to comply with all applicable provisions of—
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and
all other applicable Federal environmental or historical and cultural protection laws and regulations.
No effect on outcome
Nothing in this title affects or directs the outcome of any analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal environmental or historical and cultural protection law.
Compliance costs
Any costs associated with the performance of the compliance activities under subsection (a) shall be paid from funds deposited in the Hualapai Water Trust Fund Account, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary.
Record of decision
Construction of the Hualapai Water Project shall not commence until the Secretary issues a record of decision after completion of an environmental impact statement for the Hualapai Water Project.
Construction costs
Any costs of construction incurred by the Hualapai Tribe during the period beginning on the date on which the Secretary issues a record of decision and ending on the Enforceability Date shall be paid by the Hualapai Tribe and not from funds deposited in the Hualapai Water Trust Fund Account, subject to the condition that, pursuant to section 506(a)(7)(F), the Hualapai Tribe may be reimbursed after the Enforceability Date from the Hualapai Water Trust Fund Account for any such costs of construction incurred by the Hualapai Tribe prior to the Enforceability Date.
Waivers, releases, and retentions of claims
Waivers and releases of claims by the hualapai tribe
Claims against the state and others
In general
Except as provided in subparagraph (C), the Hualapai Tribe, on behalf of the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees) and the United States, acting as trustee for the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees), as part of the performance of the respective obligations of the Hualapai Tribe and the United States under the Hualapai Tribe water rights settlement agreement and this title, are authorized to execute a waiver and release of any claims against the State (or any agency or political subdivision of the State) and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law for all—
past, present, and future claims for water rights, including rights to Colorado River water, for Hualapai land, arising from time immemorial and, thereafter, forever;
past, present, and future claims for water rights, including rights to Colorado River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the Hualapai Tribe, the predecessors of the Hualapai Tribe, the members of the Hualapai Tribe, or predecessors of the members of the Hualapai Tribe;
past and present claims for injury to water rights, including injury to rights to Colorado River water, for Hualapai land, arising from time immemorial through the Enforceability Date;
past, present, and future claims for injury to water rights, including injury to rights to Colorado River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the Hualapai Tribe, the predecessors of the Hualapai Tribe, the members of the Hualapai Tribe, or predecessors of the members of the Hualapai Tribe;
claims for injury to water rights, including injury to rights to Colorado River water, arising after the Enforceability Date, for Hualapai land, resulting from the off-reservation diversion or use of surface water, Colorado River water, or effluent in a manner not in violation of the Hualapai Tribe water rights settlement agreement or State law;
past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Hualapai Tribe water rights settlement agreement, any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement, or this title;
claims for water rights of the Hualapai Tribe or the United States, acting as trustee for the Hualapai Tribe and members of the Hualapai Tribe, with respect to Parcel 3, in excess of 300 AFY;
claims for injury to water rights arising after the Enforceability Date for Hualapai land resulting from the off-reservation diversion or use of groundwater from—
any well constructed outside of the Truxton Basin on or before the date of the enactment of this title;
any well constructed outside of the Truxton Basin, and not more than 2 miles from the exterior boundaries of the Hualapai Reservation, after the date of the enactment of this title if—
the well was constructed to replace a well in existence on the date of the enactment of this title;
the replacement well was constructed within 660 feet of the well being replaced; and
the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced; or
any well constructed outside the Truxton Basin, and not less than 2 miles from the exterior boundaries of the Hualapai Reservation, after the date of the enactment of this title, subject to the condition that the authorizations and restrictions regarding the location, size, and operation of wells in the Bill Williams River watershed set forth in the Bill Williams agreements and the Bill Williams Act, and the waivers of claims in the Bill Williams agreements and the Bill Williams Act, shall continue to apply to the parties to the Bill Williams agreements, notwithstanding the provisions of this subsection; and
claims for injury to water rights arising after the Enforceability Date, for Hualapai land, resulting from the off-reservation diversion or use of groundwater in the Truxton Basin from—
any well constructed within the Truxton Basin for domestic purposes or stock watering—
on or before the date on which the Secretary provides written notice to the State pursuant to section 515(c)(2); or
after the date on which the Secretary provides written notice to the State pursuant to that section if—
the well was constructed to replace a well in existence on the date on which the notice was provided;
the replacement well was constructed within 660 feet of the well being replaced; and
the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced; and
any well constructed within the Truxton Basin for purposes other than domestic purposes or stock watering—
on or before the date of the enactment of this title;
after the date of the enactment of this title if the Secretary has not provided written notice to the State pursuant to section 515(c)(2); or
after the date of the enactment of this title if the Secretary has provided written notice to the State pursuant to section 515(c)(2) and if—
the well was constructed to replace a well in existence on the on which date the notice was provided;
the replacement well was constructed within 660 feet of the well being replaced; and
the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced.
Effective date
The waiver and release of claims described in subparagraph (A) shall take effect on the Enforceability Date.
Reservation of rights and retention of claims
Notwithstanding the waiver and release of claims described in subparagraph (A), the Hualapai Tribe, acting on behalf of the Hualapai Tribe and the members of the Hualapai Tribe, and the United States, acting as trustee for the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees), shall retain any right—
subject to subparagraph 12.7 of the Hualapai Tribe water rights settlement agreement, to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under the Hualapai Tribe water rights settlement agreement or this title in any Federal or State court of competent jurisdiction;
to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement;
to assert claims for water rights based on State law for land owned or acquired by the Hualapai Tribe in fee, under subparagraph 4.8 of the Hualapai Tribe water rights settlement agreement;
to object to any claims for water rights or injury to water rights by or for any Indian Tribe or the United States, acting on behalf of any Indian Tribe;
to assert past, present, or future claims for injury to water rights against any Indian Tribe or the United States, acting on behalf of any Indian Tribe;
to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under the Bill Williams agreements or the Bill Williams Act in any Federal or State court of competent jurisdiction;
subject to paragraphs (1), (3), (4), and (5) of section 505(e), to assert the rights of the Hualapai Tribe under any Colorado River water entitlement purchased by or donated to the Hualapai Tribe; and
to assert claims for injury to water rights arising after the Enforceability Date for Hualapai land resulting from any off-reservation diversion or use of groundwater, without regard to quantity, from—
any well constructed after the date of the enactment of this Act outside of the Truxton Basin and not more than 2 miles from the exterior boundaries of the Hualapai Reservation, except a replacement well described in subparagraph (A)(viii)(II), subject to the authorizations and restrictions regarding the location, size, and operation of wells in the Bill Williams River watershed, and the waivers of claims, set forth in the Bill Williams agreements and the Bill Williams Act;
any well constructed within the Truxton Basin for domestic purposes or stock watering after the date on which the Secretary has provided written notice to the State pursuant to section 515(c)(2), except for a replacement well described in subparagraph (A)(ix)(I)(bb); and
any well constructed within the Truxton Basin for purposes other than domestic purposes or stock watering after the date of the enactment of this Act, if the Secretary has provided notice to the State pursuant to section 515(c)(2), except for a replacement well as described in subparagraph (A)(ix)(II)(cc).
Claims against united states
In general
Except as provided in subparagraph (C), the Hualapai Tribe, acting on behalf of the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees) as part of the performance of the obligations of the Hualapai Tribe under the Hualapai Tribe water rights settlement agreement and this title, is authorized to execute a waiver and release of all claims against the United States, including agencies, officials, and employees of the United States, under Federal, State, or other law for all—
past, present, and future claims for water rights, including rights to Colorado River water, for Hualapai land, arising from time immemorial and, thereafter, forever;
past, present, and future claims for water rights, including rights to Colorado River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the Hualapai Tribe, the predecessors of the Hualapai Tribe, the members of the Hualapai Tribe, or predecessors of the members of the Hualapai Tribe;
past and present claims relating in any manner to damages, losses, or injury to water rights (including injury to rights to Colorado River water), land, or other resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims relating to the failure to protect, acquire, or develop water, water rights, or water infrastructure) within the State that first accrued at any time prior to the Enforceability Date;
past and present claims for injury to water rights, including injury to rights to Colorado River water, for Hualapai land, arising from time immemorial through the Enforceability Date;
past, present, and future claims for injury to water rights, including injury to rights to Colorado River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the Hualapai Tribe, the predecessors of the Hualapai Tribe, the members of the Hualapai Tribe, or predecessors of the members of the Hualapai Tribe;
claims for injury to water rights, including injury to rights to Colorado River water, arising after the Enforceability Date for Hualapai land, resulting from the off-reservation diversion or use of surface water, Colorado River water, or effluent in a manner not in violation of the Hualapai Tribe water rights settlement agreement or State law;
past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Hualapai Tribe water rights settlement agreement, any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement, or this title;
claims for injury to water rights arising after the Enforceability Date for Hualapai land resulting from the off-Reservation diversion or use of groundwater from—
any well constructed on public domain land outside of the Truxton Basin on or before the date of the enactment of this title;
any well constructed on public domain land outside of the Truxton Basin, and not more than 2 miles from the exterior boundaries of the Hualapai Reservation, after the date of the enactment of this title if—
the well was constructed to replace a well in existence on the date of the enactment of this title;
the replacement well was constructed within 660 feet of the well being replaced; and
the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced; or
any well constructed on public domain land outside of the Truxton Basin, and not less than 2 miles from the exterior boundaries of the Hualapai Reservation, after the date of the enactment of this Act, subject to the condition that the authorizations and restrictions regarding the location, size, and operation of wells in the Bill Williams River watershed set forth in the Bill Williams agreements and the Bill Williams Act, and the waivers of claims in the Bill Williams agreements and the Bill Williams Act, shall continue to apply to the parties to the Bill Williams agreements, notwithstanding the provisions of this subsection; and
claims for injury to water rights arising after the Enforceability Date for Hualapai land resulting from the off-reservation diversion or use of groundwater in the Truxton Basin from—
any well constructed on public domain land within the Truxton Basin for domestic purposes or stock watering—
on or before the date on which the Secretary provides written notice to the State pursuant to section 515(c)(2); or
after the date on which the Secretary provides written notice to the State pursuant to that section if—
the well was constructed to replace a well in existence on the date on which the notice was provided;
the replacement well was constructed within 660 feet of the well being replaced; and
the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced; and
any well constructed on public domain land within the Truxton Basin for purposes other than domestic purposes or stock watering—
on or before the date of the enactment of this title;
after the date of the enactment of this title if the Secretary has not provided written notice to the State pursuant to section 515(c)(2); or
after the date of the enactment of this title if the Secretary has provided written notice to the State pursuant to section 515(c)(2) and if—
the well was constructed to replace a well in existence on the date on which the notice was provided;
the replacement well was constructed within 660 feet of the well being replaced; and
the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced.
Effective date
The waiver and release of claims described in subparagraph (A) shall take effect on the Enforceability Date.
Retention of claims
Notwithstanding the waiver and release of claims described in subparagraph (A), the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees) shall retain any right—
subject to subparagraph 12.7 of the Hualapai Tribe water rights settlement agreement, to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under the Hualapai Tribe water rights settlement agreement or this title in any Federal or State court of competent jurisdiction;
to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement;
to assert claims for water rights based on State law for land owned or acquired by the Hualapai Tribe in fee under subparagraph 4.8 of the Hualapai Tribe water rights settlement agreement;
to object to any claims for water rights or injury to water rights by or for any Indian Tribe or the United States, acting on behalf of any Indian Tribe;
to assert past, present, or future claims for injury to water rights against any Indian Tribe or the United States, acting on behalf of any Indian Tribe;
to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under the Bill Williams agreements or the Bill Williams Act in any Federal or State court of competent jurisdiction;
subject to paragraphs (1), (3), (4), and (5) of section 505(e), to assert the rights of the Hualapai Tribe under any Colorado River water entitlement purchased by or donated to the Hualapai Tribe; and
to assert any claims for injury to water rights arising after the Enforceability Date for Hualapai land resulting from any off-reservation diversion or use of groundwater, without regard to quantity, from—
any well constructed after the date of the enactment of this title on public domain land outside of the Truxton Basin and not more than 2 miles from the exterior boundaries of the Hualapai Reservation, except for a replacement well described in subparagraph (A)(viii)(II), subject to the authorizations and restrictions regarding the location, size, and operation of wells in the Bill Williams River watershed, and the waivers of claims, set forth in the Bill Williams agreements and the Bill Williams Act;
any well constructed on public domain land within the Truxton Basin for domestic purposes or stock watering after the date on which the Secretary has provided written notice to the State pursuant to section 515(c)(2), except for a replacement well described in subparagraph (A)(ix)(I)(bb); and
any well constructed on public domain land within the Truxton Basin for purposes other than domestic purposes or stock watering after the date of the enactment of this title, if the Secretary has provided notice to the State pursuant to section 515(c)(2), except for a replacement well as described in subparagraph (A)(ix)(II)(cc).
Waivers and releases of claims by united states, acting as trustee for allottees
In general
Except as provided in paragraph (3), the United States, acting as trustee for the allottees of the Hualapai Tribe, as part of the performance of the obligations of the United States under the Hualapai Tribe water rights settlement agreement and this title, is authorized to execute a waiver and release of any claims against the State (or any agency or political subdivision of the State), the Hualapai Tribe, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law, for all—
past, present, and future claims for water rights, including rights to Colorado River water, for the allotments, arising thereafter, forever, that are based on the aboriginal occupancy of land by the allottees or predecessors of the allottees from time immemorial and, thereafter, forever;
past, present, and future claims for water rights, including rights to Colorado River water, arising from time immemorial and,
past and present claims for injury to water rights, including injury to rights to Colorado River water, for the allotments, arising from time immemorial through the Enforceability Date;
past, present, and future claims for injury to water rights, if any, including injury to rights to Colorado River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the allottees or predecessors of the allottees;
claims for injury to water rights, including injury to rights to Colorado River water, arising after the Enforceability Date, for the allotments, resulting from the off-reservation diversion or use of water in a manner not in violation of the Hualapai Tribe water rights settlement agreement or State law;
past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Hualapai Tribe water rights settlement agreement, any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement, or this title; and
claims for any water rights of the allottees or the United States acting as trustee for the allottees with respect to—
Parcel 1, in excess of 82 AFY; or
Parcel 2, in excess of 312 AFY.
Effective date
The waiver and release of claims under paragraph (1) shall take effect on the Enforceability Date.
Retention of claims
Notwithstanding the waiver and release of claims described in paragraph (1), the United States, acting as trustee for the allottees of the Hualapai Tribe, shall retain any right—
subject to subparagraph 12.7 of the Hualapai Tribe water rights settlement agreement, to assert claims for injuries to, and seek enforcement of, the rights of the allottees, if any, under the Hualapai Tribe water rights settlement agreement or this title in any Federal or State court of competent jurisdiction;
to assert claims for injuries to, and seek enforcement of, the rights of the allottees under any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement;
to object to any claims for water rights or injury to water rights by or for—
any Indian Tribe other than the Hualapai Tribe; or
the United States, acting on behalf of any Indian Tribe other than the Hualapai Tribe;
to assert past, present, or future claims for injury to water rights against—
any Indian Tribe other than the Hualapai Tribe; or
the United States, acting on behalf of any Indian Tribe other than the Hualapai Tribe; and
to assert claims for injuries to, and seek enforcement of, the rights of the allottees under the Bill Williams agreements or the Bill Williams Act in any Federal or State court of competent jurisdiction.
Waiver and release of claims by united states against hualapai tribe
In general
Except as provided in paragraph (3), the United States, in all capacities (except as trustee for an Indian Tribe other than the Hualapai Tribe), as part of the performance of the obligations of the United States under the Hualapai Tribe water rights settlement agreement and this title, is authorized to execute a waiver and release of all claims against the Hualapai Tribe, the members of the Hualapai Tribe, or any agency, official, or employee of the Hualapai Tribe, under Federal, State or any other law for all—
past and present claims for injury to water rights, including injury to rights to Colorado River water, resulting from the diversion or use of water on Hualapai land arising from time immemorial through the Enforceability Date;
claims for injury to water rights, including injury to rights to Colorado River water, arising after the Enforceability Date, resulting from the diversion or use of water on Hualapai land in a manner that is not in violation of the Hualapai Tribe water rights settlement agreement or State law; and
past, present, and future claims arising out of, or related in any manner to, the negotiation, execution, or adoption of the Hualapai Tribe water rights settlement agreement, any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement, or this title.
Effective date
The waiver and release of claims under paragraph (1) shall take effect on the Enforceability Date.
Retention of claims
Notwithstanding the waiver and release of claims described in paragraph (1), the United States shall retain any right to assert any claim not expressly waived in accordance with that paragraph, including any right to assert a claim for injury to, and seek enforcement of, any right of the United States under the Bill Williams agreements or the Bill Williams Act, in any Federal or State court of competent jurisdiction.
Bill williams river phase 2 water rights settlement agreement waiver, release, and retention of claims
Claims against freeport
In general
Except as provided in subparagraph (C), the United States, acting solely on behalf of the Department of the Interior (including the Bureau of Land Management and the United States Fish and Wildlife Service), as part of the performance of the obligations of the United States under the Bill Williams River phase 2 water rights settlement agreement, is authorized to execute a waiver and release of all claims of the United States against Freeport under Federal, State, or any other law for—
any past or present claim for injury to water rights resulting from—
the diversion or use of water by Freeport pursuant to the water rights described in Exhibit 4.1(ii) to the Bill Williams River phase 2 water rights settlement agreement; and
any other diversion or use of water for mining purposes authorized by the Bill Williams River phase 2 water rights settlement agreement;
any claim for injury to water rights arising after the Bill Williams River Phase 2 Enforceability Date resulting from—
the diversion or use of water by Freeport pursuant to the water rights described in Exhibit 4.1(ii) to the Bill Williams River phase 2 water rights settlement agreement in a manner not in violation of the Bill Williams River phase 2 water rights settlement agreement;
the diversion of up to 2,500 AFY of water by Freeport from Sycamore Creek as permitted by section 4.3(iv) of the Bill Williams River phase 2 water rights settlement agreement; and
any other diversion or use of water by Freeport authorized by the Bill Williams River phase 2 water rights settlement agreement, subject to the condition that such a diversion and use of water is conducted in a manner not in violation of the Bill Williams River phase 2 water rights settlement agreement; and
any past, present, or future claim arising out of, or relating in any manner to, the negotiation or execution of the Bill Williams River phase 2 water rights settlement agreement, the Hualapai Tribe water rights settlement agreement, or this title.
Effective date
The waiver and release of claims under subparagraph (A) shall take effect on the Bill Williams River Phase 2 Enforceability Date.
Retention of claims
The United States shall retain all rights not expressly waived in the waiver and release of claims under subparagraph (A), including, subject to section 6.4 of the Bill Williams River phase 2 water rights settlement agreement, the right to assert a claim for injury to, and seek enforcement of, the Bill Williams River phase 2 water rights settlement agreement or this title, in any Federal or State court of competent jurisdiction (but not a Tribal court).
No precedential effect
Pending and future proceedings
The Bill Williams River phase 2 water rights settlement agreement shall have no precedential effect in any other administrative or judicial proceeding, including—
any pending or future general stream adjudication, or any other litigation involving Freeport or the United States, including any proceeding to establish or quantify a Federal reserved water right;
any pending or future administrative or judicial proceeding relating to an application—
to appropriate water (for instream flow or other purposes);
to sever and transfer a water right;
to change a point of diversion; or
to change a place of use for any water right; and
any proceeding regarding water rights or a claim relating to any Federal land.
No methodology or standard
Nothing in the Bill Williams River phase 2 water rights settlement agreement establishes any standard or methodology to be used for the quantification of any claim to water rights (whether based on Federal or State law) in any judicial or administrative proceeding, other than a proceeding to enforce the terms of the Bill Williams River phase 2 water rights settlement agreement.
Satisfaction of water rights and other benefits
Hualapai tribe and members
In general
The benefits realized by the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees) under the Hualapai Tribe water rights settlement agreement, this title, the Bill Williams agreements, and the Bill Williams Act shall be in full satisfaction of all claims of the Hualapai Tribe, the members of the Hualapai Tribe, and the United States, acting in the capacity of the United States as trustee for the Hualapai Tribe and the members of the Hualapai Tribe, for water rights and injury to water rights under Federal, State, or other law with respect to Hualapai land.
Satisfaction
Any entitlement to water of the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees) or the United States, acting in the capacity of the United States as trustee for the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees), for Hualapai land shall be satisfied out of the water resources and other benefits granted, confirmed, quantified, or recognized by the Hualapai Tribe water rights settlement agreement, this title, the Bill Williams agreements, and the Bill Williams Act to or for the Hualapai Tribe, the members of the Hualapai Tribe (but not members in the capacity of the members as allottees), and the United States, acting in the capacity of the United States as trustee for the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees).
Allottee water claims
In general
The benefits realized by the allottees of the Hualapai Tribe under the Hualapai Tribe water rights settlement agreement, this title, the Bill Williams agreements, and the Bill Williams Act shall be in complete replacement of and substitution for, and full satisfaction of, all claims with respect to allotments of the allottees and the United States, acting in the capacity of the United States as trustee for the allottees, for water rights and injury to water rights under Federal, State, or other law.
Satisfaction
Any entitlement to water of the allottees or the United States, acting in the capacity of the United States as trustee for the allottees, for allotments shall be satisfied out of the water resources and other benefits granted, confirmed, or recognized by the Hualapai Tribe water rights settlement agreement, this title, the Bill Williams agreements, and the Bill Williams Act to or for the allottees and the United States, acting as trustee for the allottees.
Effect
Notwithstanding subsections (a) and (b), nothing in this title or the Hualapai Tribe water rights settlement agreement—
recognizes or establishes any right of a member of the Hualapai Tribe or an allottee to water on Hualapai land; or
prohibits the Hualapai Tribe or an allottee from acquiring additional water rights by purchase of land, credits, or water rights.
Land added to Hualapai Reservation
The following land in the State is added to the Hualapai Reservation:
Public law 93–560
The land held in trust by the United States for the Hualapai Tribe pursuant to the first section of Public Law 93–560 (88 Stat. 1820).
1947 judgment
The land deeded to the United States in the capacity of the United States as trustee for the Hualapai Tribe pursuant to the 1947 judgment.
Truxton triangle
That portion of the S1⁄2 sec. 3, lying south of the south boundary of the Hualapai Reservation and north of the north right-of-way boundary of Arizona Highway 66, and bounded by the west section line of that sec. 3 and the south section line of that sec. 3, T. 24 N., R. 12 W., Gila and Salt River Base and Meridian, Mohave County, Arizona.
Hunt parcel 4
SW1⁄4NE1⁄4 sec. 7, T. 25 N., R. 13 W., Gila and Salt River Base and Meridian, Mohave County, Arizona.
Hunt parcels 1 and 2
In T. 26 N., R. 14 W., Gila and Salt River Base and Meridian, Mohave County, Arizona—
NE1⁄4SW1⁄4 sec. 9; and
NW1⁄4SE1⁄4 sec. 27.
Hunt parcel 3
SW1⁄4NE1⁄4 sec. 25, T. 27 N., R. 15 W., Gila and Salt River Base and Meridian, Mohave County, Arizona.
Hunt parcel 5
In sec. 1, T. 25 N., R. 14 W., Gila and Salt River Base and Meridian, Mohave County, Arizona—
SE1⁄4;
E1⁄2 SW1⁄4; and
SW1⁄4 SW1⁄4.
Valentine cemetery parcel
W1⁄2 NW1/4 SW1/4 sec. 22, T. 23 N., R. 13 W., Gila and Salt River Base and Meridian, Mohave County, Arizona, excepting and reserving to the United States a right-of-way for ditches or canals constructed by the authority of the United States, pursuant to the Act of August 30, 1890 (43 U.S.C. 945).
Trust land
Land to be taken into trust
In general
On the date of the enactment of this Act, the Secretary is authorized and directed to take legal title to the land described in paragraph (2) and hold such land in trust for the benefit of the Hualapai Tribe.
Cholla canyon ranch parcels
The land referred to in paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt River Base and Meridian, Mohave County, Arizona—
SW1⁄4 sec. 25; and
NE1⁄4 and NE1⁄4 SE1⁄4 sec. 35.
Reservation status
The land taken into trust under subsection (a) shall be part of the Hualapai Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe.
Valid existing rights
The land taken into trust under subsection (a) shall be subject to valid existing rights, including easements, rights-of-way, contracts, and management agreements.
Limitations
Nothing in subsection (a) affects—
any water right of the Hualapai Tribe in existence under State law before the date of the enactment of this Act; or
any right or claim of the Hualapai Tribe to any land or interest in land in existence before the date of the enactment of this title.
Future trust land
New statutory requirement
Effective beginning on the date of the enactment of this title, and except as provided in subsection (a), any land located in the State outside the exterior boundaries of the Hualapai Reservation may only be taken into trust by the United States for the benefit of the Hualapai Tribe by an Act of Congress—
that specifically authorizes the transfer of the land for the benefit of the Hualapai Tribe; and
the date of the enactment of which is after the date of the enactment of this title.
Water rights
Any land taken into trust for the benefit of the Hualapai Tribe under paragraph (1)—
shall include water rights only under State law; and
shall not include any federally reserved water rights.
Reallocation of CAP NIA Priority Water; Firming; Water Delivery Contract; Colorado River Accounting
Reallocation to the hualapai tribe
On the Enforceability Date, the Secretary shall reallocate to the Hualapai Tribe the Hualapai Tribe CAP water.
Firming
Hualapai tribe cap water
Except as provided in subsection (c)(2)(H), the Hualapai Tribe CAP water shall be firmed as follows:
In accordance with section 105(b)(1)(B) of the Central Arizona Project Settlement Act of 2004 (Public Law 108–451; 118 Stat. 3492), for the 100-year period beginning on January 1, 2008, the Secretary shall firm 557.50 AFY of the Hualapai Tribe CAP water to the equivalent of CAP M&I priority water.
In accordance with section 105(b)(2)(B) of the Central Arizona Project Settlement Act of 2004 (Public Law 108–451; 118 Stat. 3492), for the 100-year period beginning on January 1, 2008, the State shall firm 557.50 AFY of the Hualapai Tribe CAP water to the equivalent of CAP M&I priority water.
Additional firming
The Hualapai Tribe may, at the expense of the Hualapai Tribe, take additional actions to firm or supplement the Hualapai Tribe CAP water, including by entering into agreements for that purpose with the Central Arizona Water Conservation District, the Arizona Water Banking Authority, or any other lawful authority, in accordance with State law.
Hualapai tribe water delivery contract
In general
In accordance with the Hualapai Tribe water rights settlement agreement and the requirements described in paragraph (2), the Secretary shall enter into the Hualapai Tribe water delivery contract.
Requirements
The requirements referred to in paragraph (1) are the following:
In general
The Hualapai Tribe water delivery contract shall—
be for permanent service (as that term is used in section 5 of the Boulder Canyon Project Act (43 U.S.C. 617d));
take effect on the Enforceability Date; and
be without limit as to term.
Hualapai tribe cap water
In general
The Hualapai Tribe CAP water may be delivered for use in the lower basin in the State through—
the Hualapai Water Project; or
the CAP system.
Method of delivery
The Secretary shall authorize the delivery of Hualapai Tribe CAP water under this subparagraph to be effected by the diversion and use of water directly from the Colorado River in the State.
Contractual delivery
The Secretary shall deliver the Hualapai Tribe CAP water to the Hualapai Tribe in accordance with the terms and conditions of the Hualapai Tribe water delivery contract.
Distribution of cap nia priority water
In general
Except as provided in clause (ii), if, for any year, the available CAP supply is insufficient to meet all demands under CAP contracts and CAP subcontracts for the delivery of CAP NIA priority water, the Secretary and the CAP operating agency shall prorate the available CAP NIA priority water among the CAP contractors and CAP subcontractors holding contractual entitlements to CAP NIA priority water on the basis of the quantity of CAP NIA priority water used by each such CAP contractor and CAP subcontractor in the last year in which the available CAP supply was sufficient to fill all orders for CAP NIA priority water.
Exception
In general
Notwithstanding clause (i), if the available CAP supply is insufficient to meet all demands under CAP contracts and CAP subcontracts for the delivery of CAP NIA priority water in the year following the year in which the Enforceability Date occurs, the Secretary shall assume that the Hualapai Tribe used the full volume of Hualapai Tribe CAP water in the last year in which the available CAP supply was sufficient to fill all orders for CAP NIA priority water.
Continuation
The assumption described in subclause (I) shall continue until the available CAP supply is sufficient to meet all demands under CAP contracts and CAP subcontracts for the delivery of CAP NIA priority water.
Determination
The Secretary shall determine the quantity of CAP NIA priority water used by the Gila River Indian Community and the Tohono O’odham Nation in the last year in which the available CAP supply was sufficient to fill all orders for CAP NIA priority water in a manner consistent with the settlement agreements with those Tribes.
Leases and exchanges of hualapai tribe cap water
On and after the date on which the Hualapai Tribe water delivery contract becomes effective, the Hualapai Tribe may, with the approval of the Secretary, enter into contracts or options to lease, or contracts or options to exchange, the Hualapai Tribe CAP water within the lower basin in the State, and not in Navajo, Apache, or Cochise counties, providing for the temporary delivery to other persons of any portion of Hualapai Tribe CAP water.
Term of leases and exchanges
Leasing
Contracts or options to lease under subparagraph (E) shall be for a term of not more than 100 years.
Exchanging
Contracts or options to exchange under subparagraph (E) shall be for the term provided for in the contract or option, as applicable.
Renegotiation
The Hualapai Tribe may, with the approval of the Secretary, renegotiate any lease described in subparagraph (E), at any time during the term of the lease, if the term of the renegotiated lease does not exceed 100 years.
Prohibition on permanent alienation
No Hualapai Tribe CAP water may be permanently alienated.
No firming of leased water
The firming obligations described in subsection (b)(1) shall not apply to any Hualapai Tribe CAP water leased by the Hualapai Tribe to another person.
Entitlement to lease and exchange funds; obligations of united states
Entitlement
In general
The Hualapai Tribe shall be entitled to all consideration due to the Hualapai Tribe under any contract to lease, option to lease, contract to exchange, or option to exchange the Hualapai Tribe CAP water entered into by the Hualapai Tribe.
Exclusion
The United States shall not, in any capacity, be entitled to the consideration described in subclause (I).
Obligations of united states
The United States shall not, in any capacity, have any trust or other obligation to monitor, administer, or account for, in any manner, any funds received by the Hualapai Tribe as consideration under any contract to lease, option to lease, contract to exchange, or option to exchange the Hualapai Tribe CAP water entered into by the Hualapai Tribe, except in a case in which the Hualapai Tribe deposits the proceeds of any lease, option to lease, contract to exchange, or option to exchange into an account held in trust for the Hualapai Tribe by the United States.
Water use and storage
In general
The Hualapai Tribe may use the Hualapai Tribe CAP water on or off the Hualapai Reservation within the lower basin in the State for any purpose.
Storage
The Hualapai Tribe, in accordance with State law, may store the Hualapai Tribe CAP water at 1 or more underground storage facilities or groundwater savings facilities, subject to the condition that, if the Hualapai Tribe stores Hualapai Tribe CAP water that has been firmed pursuant to subsection (b)(1), the stored water may only be—
used by the Hualapai Tribe; or
exchanged by the Hualapai Tribe for water that will be used by the Hualapai Tribe.
Assignment
The Hualapai Tribe, in accordance with State law, may assign any long-term storage credit accrued as a result of storage described in clause (ii), subject to the condition that the Hualapai Tribe shall not assign any long-term storage credit accrued as a result of the storage of Hualapai Tribe CAP water that has been firmed pursuant to subsection (b)(1).
Use limitation
The Hualapai Tribe may not use, lease, exchange, forbear, or otherwise transfer any Hualapai Tribe CAP water for use directly or indirectly outside of the lower basin in the State or in Navajo, Apache, or Cochise counties.
CAP fixed OM&R charges
In general
The CAP operating agency shall be paid the CAP fixed OM&R charges associated with the delivery of all Hualapai Tribe CAP water.
Payment of charges
Except as provided in subparagraph (O), all CAP fixed OM&R charges associated with the delivery of the Hualapai Tribe CAP water to the Hualapai Tribe shall be paid by—
the Secretary, pursuant to section 403(f)(2)(A) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)(2)(A)), subject to the condition that funds for that payment are available in the Lower Colorado River Basin Development Fund; and
if the funds described in subclause (I) become unavailable, the Hualapai Tribe.
CAP pumping energy charges
In general
The CAP operating agency shall be paid the CAP pumping energy charges associated with the delivery of Hualapai Tribe CAP water only in cases in which the CAP system is used for the delivery of that water.
Payment of charges
Except for CAP water not delivered through the CAP system, which does not incur a CAP pumping energy charge, or water delivered to other persons as described in subparagraph (O), any applicable CAP pumping energy charges associated with the delivery of the Hualapai Tribe CAP water shall be paid by the Hualapai Tribe.
Waiver of property tax equivalency payments
No property tax or in-lieu property tax equivalency shall be due or payable by the Hualapai Tribe for the delivery of CAP water or for the storage of CAP water in an underground storage facility or groundwater savings facility.
Lessee responsibility for charges
In general
Any lease or option to lease providing for the temporary delivery to other persons of any Hualapai Tribe CAP water shall require the lessee to pay the CAP operating agency all CAP fixed OM&R charges and all CAP pumping energy charges associated with the delivery of the leased water.
No responsibility for payment
Neither the Hualapai Tribe nor the United States in any capacity shall be responsible for the payment of any charges associated with the delivery of the Hualapai Tribe CAP water leased to other persons.
Advance payment
No Hualapai Tribe CAP water shall be delivered unless the CAP fixed OM&R charges and any applicable CAP pumping energy charges associated with the delivery of that water have been paid in advance.
Calculation
The charges for delivery of the Hualapai Tribe CAP water pursuant to the Hualapai Tribe water delivery contract shall be calculated in accordance with the CAP repayment stipulation.
Cap repayment
For purposes of determining the allocation and repayment of costs of any stages of the CAP system constructed after November 21, 2007, the costs associated with the delivery of the Hualapai Tribe CAP water, regardless of whether the Hualapai Tribe CAP water is delivered for use by the Hualapai Tribe or in accordance with any lease, option to lease, exchange, or option to exchange providing for the delivery to other persons of the Hualapai Tribe CAP water, shall be—
nonreimbursable; and
excluded from the repayment obligation of the Central Arizona Water Conservation District.
Nonreimbursable cap construction costs
In general
With respect to the costs associated with the construction of the CAP system allocable to the Hualapai Tribe—
the costs shall be nonreimbursable; and
the Hualapai Tribe shall have no repayment obligation for the costs.
Capital charges
No CAP water service capital charges shall be due or payable for the Hualapai Tribe CAP water, regardless of whether the Hualapai Tribe CAP water is delivered—
for use by the Hualapai Tribe; or
under any lease, option to lease, exchange, or option to exchange entered into by the Hualapai Tribe.
Colorado river accounting
All Hualapai Tribe CAP water diverted directly from the Colorado River shall be accounted for as deliveries of CAP water within the State.
Enforceability date
In general
Except as provided in subsection (d), the Hualapai Tribe water rights settlement agreement, including the waivers and releases of claims described in section 509, shall take effect and be fully enforceable on the date on which the Secretary publishes in the Federal Register a statement of findings that—
to the extent the Hualapai Tribe water rights settlement agreement conflicts with this title—
the Hualapai Tribe water rights settlement agreement has been revised through an amendment to eliminate the conflict; and
the revised Hualapai Tribe water rights settlement agreement, including any exhibits requiring execution by any party to the Hualapai Tribe water rights settlement agreement, has been executed by the required party;
the waivers and releases of claims described in section 509 have been executed by the Hualapai Tribe and the United States;
the abstracts referred to in subparagraphs 4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights settlement agreement have been completed by the Hualapai Tribe;
the full amount described in section 507(a)(1), as adjusted by section 507(b), has been deposited in the Hualapai Water Trust Fund Account;
the Gila River adjudication decree has been approved by the Gila River adjudication court substantially in the form of the judgment and decree attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.43, as amended to ensure consistency with this title;
the Secretary has executed the Hualapai Tribe water delivery contract described in section 513(c); and
the Secretary has issued the record of decision required by section 508(d).
Repeal on failure to meet enforceability date
In general
Except as provided in paragraph (2), if the Secretary fails to publish in the Federal Register a statement of findings under subsection (a) by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State—
this title is repealed;
any action taken by the Secretary and any contract or agreement entered into pursuant to this title shall be void; and
any amounts appropriated under section 507, together with any investment earnings on those amounts, less any amounts expended under section 506(a)(4)(B), shall revert immediately to the general fund of the Treasury.
Severability
Notwithstanding paragraph (1), if the Secretary fails to publish in the Federal Register a statement of findings under subsection (a) by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State, section 511 and subsections (a), (b), (c), and (d) of section 512 shall remain in effect.
Right to offset
If the Secretary has not published in the Federal Register the statement of findings under subsection (a) by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State, the United States shall be entitled to offset any Federal amounts made available under section 506(a)(4)(B) that were used or authorized for any use under that section against any claim asserted by the Hualapai Tribe against the United States described in section 509(a)(2)(A).
Bill williams river phase 2 enforceability date
Notwithstanding any other provision of this title, the Bill Williams River phase 2 water rights settlement agreement (including the waivers and releases described in section 509(d) of this title and section 5 of the Bill Williams River phase 2 water rights settlement agreement) shall take effect and become enforceable among the parties to the Bill Williams River phase 2 water rights settlement agreement on the date on which all of the following conditions have occurred:
The Hualapai Tribe water rights settlement agreement has become enforceable pursuant to subsection (a).
Freeport has submitted to the Arizona Department of Water Resources a conditional withdrawal of any objection to the Bill Williams River watershed instream flow applications pursuant to section 4.4(i) of the Bill Williams River phase 2 water rights settlement agreement, which withdrawal shall take effect on the Bill Williams River Phase 2 Enforceability Date described in this subsection.
Not later than the Enforceability Date, the Arizona Department of Water Resources has issued an appealable, conditional decision and order for the Bill Williams River watershed instream flow applications pursuant to section 4.4(iii) of the Bill Williams River phase 2 water rights settlement agreement, which order shall become nonconditional and effective on the Bill Williams River Phase 2 Enforceability Date described in this subsection.
The conditional decision and order described in paragraph (3)—
becomes final; and
is not subject to any further appeal.
Administration
Limited waiver of sovereign immunity
Waiver
In general
In any circumstance described in paragraph (2)—
the United States or the Hualapai Tribe may be joined in the action described in the applicable subparagraph of that paragraph; and
subject to subparagraph (B), any claim by the United States or the Hualapai Tribe to sovereign immunity from the action is waived.
Limitation
A waiver under subparagraph (A)(ii)—
shall only be for the limited and sole purpose of the interpretation or enforcement of—
this title;
the Hualapai Tribe water rights settlement agreement, as ratified by this title; or
the Bill Williams River phase 2 water right settlement agreement, as ratified by this title; and
shall not include any award against the United States or the Hualapai Tribe for money damages, court costs, or attorney fees.
Circumstances described
A circumstance referred to in paragraph (1)(A) is any of the following:
Any party to the Hualapai Tribe water rights settlement agreement—
brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of—
this title; or
the Hualapai Tribe water rights settlement agreement; and
names the United States or the Hualapai Tribe as a party in that action.
Any landowner or water user in the Verde River Watershed—
brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of—
paragraph 10.0 of the Hualapai Tribe water rights settlement agreement;
Exhibit 3.1.43 to the Hualapai Tribe water rights settlement agreement; or
section 509; and
names the United States or the Hualapai Tribe as a party in that action.
Any party to the Bill Williams River phase 2 settlement agreement—
brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of—
this title; or
the Bill Williams River phase 2 settlement agreement; and
names the United States or the Hualapai Tribe as a party in that action.
Effect on current law
Nothing in this section alters the law with respect to pre-enforcement review of Federal environmental or safety-related enforcement actions.
Basin groundwater withdrawal estimates
Groundwater withdrawal estimates
In general
Not later than 1 year of the date of the enactment of this title, the Secretary, acting through the United States Geological Survey Water Use Program, shall issue an estimate for groundwater withdrawals in the Truxton Basin outside the boundaries of the Hualapai Reservation.
Annual estimates
Each year after publication of the initial estimate required by subparagraph (A), the Secretary, acting through the United States Geological Survey Water Use Program, shall issue an estimate for groundwater withdrawals in the Truxton Basin outside the boundaries of the Hualapai Reservation until such time as the Secretary, after consultation with the Hualapai Tribe, determines that annual estimates are not warranted.
Notice to the state
Based on the estimates under paragraph (1), the Secretary shall notify the State, in writing, if the total withdrawal of groundwater from the Truxton Basin outside the boundaries of the Hualapai Reservation exceeds the estimate prepared pursuant to that paragraph by 3,000 or more AFY, exclusive of any diversion or use of groundwater on Hualapai fee land and any land acquired by the Hualapai Tribe, including by a tribally owned corporation, in fee after the Enforceability Date.
Antideficiency
Notwithstanding any authorization of appropriations to carry out this title, the United States shall not be liable for any failure of the United States to carry out any obligation or activity authorized by this title (including all agreements or exhibits ratified or confirmed by this title) if—
adequate appropriations are not provided expressly by Congress to carry out the purposes of this title; or
there are not enough monies available to carry out this title in the Lower Colorado River Basin Development Fund.
Application of reclamation reform act of 1982
The Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage limitation or full-cost pricing provision of Federal law shall not apply to any person, entity, or tract of land solely on the basis of—
receipt of any benefit under this title;
execution or performance of this title; or
the use, storage, delivery, lease, or exchange of CAP water.
Effect
No modification or preemption of other law
Unless expressly provided in this title, nothing in this title modifies, conflicts with, preempts, or otherwise affects—
the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
the Boulder Canyon Project Adjustment Act (43 U.S.C. 618 et seq.);
the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act
) (43 U.S.C. 620 et seq.);
the Colorado River Basin Project Act (Public Law 90–537; 82 Stat. 885);
the Treaty between the United States of America and Mexico respecting utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 (59 Stat. 1219);
the Colorado River Compact;
the Upper Colorado River Basin Compact;
the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991); or
case law concerning water rights in the Colorado River system other than any case to enforce the Hualapai Tribe water rights settlement agreement or this title.
Effect on agreements
Nothing in this title or the Hualapai Tribe water rights settlement agreement limits the right of the Hualapai Tribe to enter into any agreement for the storage or banking of water in accordance with State law with—
the Arizona Water Banking Authority (or a successor agency or entity); or
any other lawful authority.
Effect of title
Nothing in this title—
quantifies or otherwise affects the water rights, claims, or entitlements to water of any Indian Tribe other than the Hualapai Tribe;
affects the ability of the United States to take action on behalf of any Indian Tribe other than the Hualapai Tribe, the members of the Hualapai Tribe, and the allottees; or
limits the right of the Hualapai Tribe to use any water of the Hualapai Tribe in any location on the Hualapai Reservation.
Water Data
Definitions
In this title:
Advisory committee
The term Advisory Committee means the Advisory Committee on Water Information established by section 604(a).
Council
The term Council means the Water Data Council established under section 603(a).
Data standards
The term data standards means standards relating to the manner in which data and metadata are to be structured, populated, and encoded in machine-readable formats, and made interoperable for data exchange.
Departments
The term Departments means each of the following:
The Department of Agriculture.
The Department of Commerce.
The Department of Defense.
The Department of Energy.
The Department of Health and Human Services.
The Department of Homeland Security.
The Department of the Interior.
The Environmental Protection Agency.
The National Aeronautics and Space Administration.
Indian Tribe
The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
National Water Data Framework
The term National Water Data Framework means the national water data framework developed under section 602.
Secretary
The term Secretary means the Secretary of the Interior.
Water data
The term water data means measurements and observations of basic properties relating to the planning and management of water resources, including streamflow, precipitation, groundwater, soil moisture, snow, evaporation, water quality, and water use in agriculture, industry, natural systems, and municipal uses.
Water Data Grant Program
The term Water Data Grant Program means the water data grant program established under section 605(a).
Water data infrastructure
The term water data infrastructure means an integrated system of information technologies that includes common data standards and metadata, data formats, geospatial referencing, and tools to make water data available, easy to find, access, and share online.
National water data framework
In general
For the purpose of improving water resources management and access across the United States, including addressing drought, floods, and other water management challenges, the heads of the Departments shall jointly develop and implement a national water data framework for observing, integrating, sharing, and using water data.
Requirements
In developing and implementing the National Water Data Framework, the Departments shall—
identify and prioritize key water data needed to support water resources management and planning, including—
water data sets, types, observations, and associated metadata; and
water data infrastructure, technologies, and tools;
develop and adopt common national water data standards for collecting, sharing, and integrating water data, infrastructure, technologies, and tools in consultation with States, Indian Tribes, local governments, and relevant bodies;
ensure that Federal water data are made findable, accessible, interoperable, and reusable in accordance with the standards developed and adopted pursuant to this title;
integrate water data and tools through common approaches to data and observing infrastructure, platforms, models, and tool development;
establish a common, national geospatial index for publishing and linking water data from Federal, State, Tribal, and other non-Federal sources for online discovery;
harmonize and align policies, programs, protocols, budgets, and funding programs relating to water data to achieve the purposes of this title, as appropriate;
participate in and coordinate water data activities with the Council; and
support the adoption of new technologies and the development of tools for water data collection, observing, sharing, and standardization by Federal, State, Tribal, local, and other entities.
Water Data Council
In general
The heads of the Departments shall establish an interagency Council, to be known as the Water Data Council
, to support the development and implementation of the National Water Data Framework.
Membership
Duties of Secretary
The Secretary, acting through the Director of the United States Geological Survey, shall—
serve as the Chair of the Council;
in collaboration with the Administrators of the National Oceanic and Atmospheric Administration and Environmental Protection Agency, and the Director of the Office of Science and Technology Policy, convene the Council not less frequently than 4 times each year; and
provide staff support for the Council through the United States Geological Survey.
Members
Council Members shall include the heads of the following entities:
The Departments.
Bureaus and offices of the Departments that have a significant role or interest in water data, including—
the Corps of Engineers;
the Bureau of Indian Affairs;
the Bureau of Reclamation;
the Federal Emergency Management Agency;
the Federal Energy Regulatory Commission;
the United States Fish and Wildlife Service;
the Indian Health Service;
the Forest Service;
the National Laboratories;
the Natural Resources Conservation Service;
the National Oceanic and Atmospheric Administration; and
the Rural Development program of the Department of Agriculture.
Offices of the Executive Office of the President, including—
the Council on Environmental Quality;
the Office of Management and Budget; and
the Office of Science and Technology Policy.
Other Federal entities that the Chair and a majority of the members of the Council described in subparagraphs (A) through (C) determine to be appropriate.
Duties
The Council shall—
support the development and implementation of the National Water Data Framework; and
facilitate communication and collaboration among members of the Council—
to establish, adopt, and implement common national water data standards;
to promote water data sharing and integration across Federal departments and agencies, including—
water data collection, observation, documentation, maintenance, distribution, and preservation strategies; and
development and use of water data infrastructure, tools, and technologies to support water management and planning;
to align the policies, programs, protocols, budgets, and funding programs relating to water data of the members of the Council, as appropriate; and
to promote partnerships across Federal entities and non-Federal entities—
to advance innovation and solutions in water data, technology, tools, planning, and management; and
to develop guidelines for data sharing and protecting data privacy and security.
Water Data Council reports
Not later than 180 days after the date of enactment of this Act, and annually thereafter, in conjunction with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Secretary, acting on behalf of the Council, shall submit to members of the Council and the appropriate committees of Congress and make available publicly online a report that describes—
the National Water Data Framework;
the actions undertaken by the Departments to implement this title pursuant to section 602;
key water data sets, types, and infrastructure needed to support water management and planning;
goals, targets, and actions to carry out the National Water Data Framework in the subsequent fiscal year;
a summary and evaluation of the progress of the Departments in achieving any prior goals, targets, and actions to carry out the National Water Data Framework;
recommendations to align policies, programs, and budgetary resources to carry out the National Water Data Framework, where appropriate, in the subsequent fiscal year;
grants and assistance provided to State, Tribal, and local entities toward the development and adoption of new technologies and tools;
opportunities to develop and incentivize the deployment of promising next-generation technologies, including new water data technologies and tools, in partnership with the private sector and others to accomplish the purposes of this title; and
metrics for achieving the National Water Data Framework.
Advisory Committee on Water Information
Establishment
There is established within the Department of the Interior an advisory committee, to be known as the Advisory Committee on Water Information
, to advise the Secretary, Departments, and Council on the development and implementation of the National Water Data Framework.
Membership
Composition
The Advisory Committee shall be composed of members, to be appointed by the Secretary, in consultation with the Administrators of the National Oceanic and Atmospheric Administration and the Environmental Protection Agency, in a manner that provides for—
balanced representation among various entities involved in water-related activities; and
consideration for a geographic balance of individuals representing localities across the United States.
Selection
Members of the Advisory Committee shall be selected by the Secretary from among entities involved in water-related activities, including—
States;
Indian Tribes;
local governments;
Federal entities;
water agencies, utilities, conservation districts, irrigation districts, acequias, and other water user associations;
organizations that facilitate collaboration across States and multi-state instrumentalities;
educational institutions;
professional organizations;
water data and technology-related experts, professionals, and industries;
private sector entities; and
nonprofit organizations.
Term
Members of the Advisory Committee shall be appointed by the Secretary for a term not to exceed 4 years.
Chair
The Secretary shall serve as the Chair of the Advisory Committee.
Staff support
The United States Geological Survey shall provide support services for the Advisory Committee.
Meetings
The Advisory Committee shall meet at the call of the Chair, but not less frequently than 4 times each year.
Duties
The duties of the Advisory Committee are to advise the Secretary, Departments, and Council on—
the development and implementation of the National Water Data Framework;
efforts to operate a cost-effective national network of water data collection and analysis that meets the priority water information needs of the Federal Government and, to the extent practicable using available resources, the needs of the non-Federal community that are tied to national interests;
efforts to develop uniform standards, guidelines, and procedures for the collection, analysis, management, and dissemination of water information to improve quality, consistency, and accessibility nationwide; and
the effectiveness of existing water information programs and recommended modifications needed to respond to changes in legislation, technology, and other conditions.
Coordination
To the extent practicable, the Advisory Committee shall coordinate with the National Water Quality Monitoring Council and other water data related entities convened by the Federal Government.
Report
Not later than two years after the date of enactment of this Act, and every two years thereafter, the Advisory Committee shall submit a report of activities carried out by the Advisory Committee and a recommendation to continue, modify the duties of, or terminate the Advisory Committee.
Applicability of FACA
In general
Except as provided in paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Committee.
No termination
Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
Water data grant program
In general
The Secretary shall establish a water data grant program under which the Secretary shall award grants—
to support non-Federal entities in making water data sets findable, accessible, interoperable, and reusable in accordance with the water data standards established under this title;
to advance the development of water data infrastructure, observations, tools, and technologies to facilitate the sharing and use of water data;
to support programs and projects that facilitate water data sharing and use in water resources management and the implementation of the National Water Data Framework; and
to provide a prize for accelerating innovation and developing next-generation water data tools and technologies.
Coordination with the Council
The Secretary shall consult and coordinate with the Council in creating and implementing the Water Data Grant Program to ensure that—
the Water Data Grant Program is aligned with and carries out the purposes of this title; and
grants and programs are harmonized across the Departments and members of the Council to achieve the purposes of this title, as appropriate.
Eligible entities
An entity eligible for a grant under the Water Data Grant Program—
shall demonstrate significant needs or capabilities for advancing water data sharing and tools with a significant public benefit; and
may include—
a State, multistate instrumentality, Indian Tribe, or other unit of local government;
a water agency, utility, conservation district, irrigation district, acequia, mutual domestic association, or other entity organized pursuant to Federal, Tribal, or local laws for the purpose of water-related activities;
an educational institution or nonprofit organization; and
in the case of carrying out activities described in subsection (a)(4)—
an individual who is a citizen or legal resident of the United States; or
an entity that is incorporated and maintains the primary place of business of the entity in the United States.
Requirements
Data sharing and standards
Any project funded through the Water Data Grant Program shall be implemented in accordance with the water data standards established under section 602.
Use of existing water data infrastructure
The recipient of a grant shall, to the extent practicable, leverage existing water data and water data infrastructure.
Report
Not later than 1 year after the date of enactment of this Act, and annually thereafter, in conjunction with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report that describes the implementation of the Water Data Grant Program, including—
a description of the use and deployment of amounts made available under the Water Data Grant Program;
an accounting of all grants awarded under the Water Data Grant Program, including a description of—
each grant recipient; and
each project funded under the Water Data Grant Program;
an assessment of the success of the Water Data Grant Program in advancing the purposes of this title; and
a plan for the subsequent fiscal year to achieve the purposes of this title.
Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out the Water Data Grant Program $25,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.
Administrative costs
Of the funds authorized to be appropriated under subsection (f), not more than 3 percent is authorized to be appropriated for administrative costs to carry out the Water Data Grant Program.
Authorization of appropriations
In general
There is authorized to be appropriated to the Secretary to carry out sections 602 through 604 $15,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.
Transfer of funds
The Secretary may, to the extent provided in advance in appropriations Acts, transfer to the Departments, including the Environmental Protection Agency, funds made available under subsection (a) to carry out sections 602 through 604.
Nogales Wastewater Improvement
Short title
This title may be cited as the Nogales Wastewater Improvement Act of 2022
.
Amendments to the Act of July 27, 1953
The first section of the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10), is amended by striking the period at the end and inserting : Provided further, That the equitable portion of the Nogales sanitation project for the city of Nogales, Arizona, shall be limited to the costs directly associated with the treatment and conveyance of the wastewater of the city and, to the extent practicable, shall not include any costs directly associated with the quality or quantity of wastewater originating in Mexico.
.
Nogales sanitation project
Definitions
In this section:
City
The term City means the City of Nogales, Arizona.
Commission
The term Commission means the United States Section of the International Border and Water Commission.
International outfall interceptor
The term International Outfall Interceptor means the pipeline that conveys wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant.
Nogales international wastewater treatment plant
The term Nogales International Wastewater Treatment Plant means the wastewater treatment plant that—
is operated by the Commission;
is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and
treats sewage and wastewater originating from—
Nogales, Sonora, Mexico; and
Nogales, Arizona.
Ownership and control
In general
Subject to paragraph (2) and in accordance with authority under the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 et seq.), on transfer by donation from the City of the current stake of the City in the International Outfall Interceptor to the Commission, the Commission shall enter into such agreements as are necessary to assume full ownership and control over the International Outfall Interceptor.
Agreements required
The Commission shall assume full ownership and control over the International Outfall Interceptor under paragraph (1) after all applicable governing bodies in the State of Arizona, including the City, have—
signed memoranda of understanding granting to the Commission access to existing easements for a right of entry to the International Outfall Interceptor for the life of the International Outfall Interceptor;
entered into an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and
agreed to work in good faith to expeditiously enter into such other agreements as are necessary for the Commission to operate and maintain the International Outfall Interceptor.
Operations and maintenance
In general
Beginning on the date on which the Commission assumes full ownership and control of the International Outfall Interceptor under subsection (b)(1), but subject to subsection (e), the Commission shall be responsible for the operations and maintenance of the International Outfall Interceptor.
Authorization of appropriations
There are authorized to be appropriated to the Commission to carry out this subsection, to remain available until expended—
$4,400,000 for fiscal year 2023; and
not less than $2,500,000 for fiscal year 2024 and each fiscal year thereafter.
Debris screen
Debris screen required
In general
The Commission shall construct, operate, and maintain a debris screen at Manhole One of the International Outfall Interceptor for intercepting debris and drug bundles coming to the United States from Nogales, Sonora, Mexico.
Requirement
In constructing and operating the debris screen under subparagraph (A), the Commission and the Commissioner of U.S. Customs and Border Protection shall coordinate—
the removal of drug bundles and other illicit goods caught in the debris screen; and
other operations at the International Outfall Interceptor that require coordination.
Authorization of appropriations
There are authorized to be appropriated to the Commission, to remain available until expended—
$11,900,000 for fiscal year 2023 for construction of the debris screen described in paragraph (1)(A); and
$2,200,000 for fiscal year 2024 and each fiscal year thereafter for the operations and maintenance of the debris screen described in paragraph (1)(A).
Limitation of claims
Chapter 171 and section 1346(b) of title 28, United States Code (commonly known as the Federal Tort Claims Act
), shall not apply to any claim arising from the activities of the Commission in carrying out this section, including any claim arising from damages that result from overflow of the International Outfall Interceptor due to excess inflow to the International Outfall Interceptor originating from Nogales, Sonora, Mexico.
Rio Grande Water Security
Short title
This title may be cited as the Rio Grande Water Security Act
.
Rio Grande Water Security
Definitions
In this subtitle:
Basin plan
The term Basin Plan means the integrated water resources management plan for the Rio Grande Basin developed under section 812(a).
Basin state
The term Basin State means each of the following States:
Colorado.
New Mexico.
Texas, which shall participate upon consent and agreement by the State of Texas, acting through the Texas Commission on Environmental Quality.
Indian tribe
The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Nature-based feature
The term nature-based feature has the meaning given the term in section 9502 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362).
Rio grande basin
The term Rio Grande Basin means the mainstem of the Rio Grande from the headwaters of the Rio Grande in Colorado to the mouth of the Rio Grande and any hydrologically connected groundwater, aquifers, and tributaries within the Basin States.
Secretary
The term Secretary means the Secretary of the Interior.
Working group
The term Working Group means the Rio Grande Basin Working Group convened under section 812(a).
Integrated water resources management plan for the Rio Grande Basin
In general
Not later than 120 days after the date of enactment of this Act, the Secretary shall convene a Federal Working Group, to be known as the Rio Grande Basin Working Group
, to consult and collaborate with the Basin States, Indian Tribes, units of local government, irrigation districts, conservation districts, acequias, land grant-mercedes, and other local partners in the Rio Grande Basin to develop and implement an integrated water resources management plan for the Rio Grande Basin using the best available science, data, and local knowledge.
Purpose
The purpose of the Basin Plan is to improve—
water security and quality for communities throughout the Rio Grande Basin;
river and watershed health for ecosystems, fish, and wildlife in the Rio Grande Basin;
the resilience of communities and ecosystems in the Rio Grande Basin to drought and hydrologic change; and
consultation, collaboration, and partnerships among Federal agencies, Basin States, Indian Tribes, and local partners within the Rio Grande Basin.
Requirements
The Basin Plan shall include—
a list of recommended projects and activities to achieve the purpose described in subsection (b), using the best available science for current and future conditions in the Rio Grande Basin, including recommendations for—
improving infrastructure design, maintenance, repair, planning, management, and operations throughout the Rio Grande Basin;
improving science, data, monitoring, and collaboration to improve understanding of the Rio Grande Basin, including—
the hydrology and other processes of the Rio Grande Basin; and
the long-term availability of water across the Rio Grande Basin;
increasing water conservation in the Rio Grande Basin through partnerships with communities and water users;
investments in nature-based features, infrastructure, and habitat improvements to improve river health, resilience, water security, and hazard mitigation in the Rio Grande Basin;
updating reservoir operations authorities and water control manuals; and
improving consultation, collaboration, and partnerships throughout the Rio Grande Basin to achieve the objectives described in subparagraphs (A) through (E);
a list of potential changes to existing Federal authorities that may be needed to implement the Basin Plan; and
a timeline for implementing the Basin Plan over a 30-year period.
Report to congress
Not later than 3 years after the date of enactment of this Act, the Secretary shall—
submit the Basin Plan to—
the appropriate committees of Congress; and
the Basin States, Indian Tribes located within the Rio Grande Basin, and local partners; and
make the Basin Plan publicly available online.
Implementation
In general
On submission of the Basin Plan to Congress under subsection (d)(1)(A), the relevant agencies of the Working Group may implement recommended projects and activities from the Basin Plan to achieve the purposes of this subtitle, including—
water conservation and restoration projects;
streamflow and groundwater recharge improvements;
optimization of Federal project management, including—
improvements and flexibility in reservoir, irrigation, and flood control project operations; and
updates and amendments to particular reservoir operations authorities, contracts, and water control manuals within the Rio Grande Basin, consistent with the recommendations provided in subsection (c)(1)(E);
studies of relevant projects and activities requiring further authorization;
the establishment of a collaborative science, data, and monitoring program for the Rio Grande Basin; and
the establishment of a coordinated technical assistance program to support Rio Grande Basin stakeholders in accessing resources and programs to achieve the purposes of this subtitle.
Waiver
In implementing this subsection, the relevant agencies of the Working Group may waive or reduce Federal cost-share requirements for projects and activities that demonstrate significant public benefits in accordance with the purpose described in subsection (b).
Requirements
The projects and activities implemented pursuant to subsection (e) shall be—
subject to required authorization and appropriation by Congress;
contingent on the completion of applicable feasibility studies, environmental reviews, and cost-benefit analyses that include favorable recommendations for the proposed projects and activities; and
implemented—
in accordance with applicable law, including—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
in consultation with and in accordance with State, Tribal, and local authorities in the Basin States;
within the State of Colorado—
only upon the consent of the State of Colorado, acting through the Colorado Division of Water Resources; and
rely on and not duplicate existing studies and models developed and maintained by the State of Colorado to the greatest extent practicable;
in accordance with interstate and international agreements applicable to the Rio Grande Basin; and
in accordance with the water rights of any Indian Tribe or agreements between any Indian Tribe and the United States.
Authorization of Appropriations
There are authorized to be appropriated to the heads of the agencies represented on the Working Group such sums as are necessary to carry out this subtitle for each of fiscal years 2023 through 2052.
Rio Grande Basin Working Group
Composition
The Working Group shall be composed of the following members:
The Administrator of the Environmental Protection Agency.
The Assistant Secretary of the Army for Civil Works.
The Chief of the Forest Service.
The Chief of the Natural Resources Conservation Service.
The Commissioner of the International Boundary and Water Commission.
The Commissioner of Reclamation.
The Director of any National Laboratory located in a Basin State.
The Director of the Bureau of Indian Affairs.
The Director of the Bureau of Land Management.
The Director of the National Park Service.
The Director of the United States Fish and Wildlife Service.
The Director of the United States Geological Survey.
The Secretary of Energy.
The Under Secretary for Rural Development.
The heads of any other relevant Federal agencies, as determined to be appropriate by a majority of the members of the Working Group described in paragraphs (1) through (14).
Duties
The Working Group shall consult, collaborate, and work with Basin States, Indian Tribes located within the Rio Grande Basin, and local partners—
to develop and implement a Basin Plan; and
on submission of the Basin Plan to Congress under section 812(d)(1)(A), to support ongoing collaboration across the Rio Grande Basin among Federal stakeholders and non-Federal stakeholders within the Rio Grande Basin.
Effect of subtitle
Nothing in this subtitle—
affects, waives, abrogates, diminishes, defines, or interprets any water right of any Indian Tribe or agreement between any Indian Tribe and the United States;
affects a contract or benefit in existence on the date of enactment of this Act that was executed pursuant to the reclamation laws, unless otherwise agreed to by the parties to the contract or benefit;
amends, modifies, or is in conflict with any interstate or international agreement regarding the Rio Grande and the waters of the Rio Grande, or any other interstate compact or agreement regarding water, including the Rio Grande Compact consented to by Congress in the Act of May 31, 1939 (53 Stat. 785. Ch.155), or the Colorado River Compact consented to by Congress in the Act of August 19, 1921 (42 Stat. 171, Ch. 72), the 1906 Convention, the 1944 Treaty with Mexico, and Upper Colorado River Basin Compact consented to by Congress in the Act of April 6, 1949 (63 Stat. 31);
affects any ongoing treaty obligations;
changes the commitments and requirements contained in Public Law 92–514 concerning the Closed Basin Project; or
limits or affects any Basin State or Indian Tribe in the management of water quantity or quality in accordance with State or Tribal laws, as applicable.
Pueblo Irrigation
Reauthorization of Pueblo irrigation infrastructure grants
Section 9106(g)(2) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1309) is amended—
by striking is authorized
and inserting are authorized
; and
by striking $6,000,000
and all that follows through the period at the end and inserting such sums as are necessary for each of fiscal years 2022 through 2032.
.
Other Fire, Drought, and Extreme Weather Programs
Infrastructure, Energy, and Assistance
Natural Disaster Grid Mitigation Map
Establishment
The Secretary shall establish and maintain a Natural Disaster Grid Mitigation Map that identifies critical electric grid infrastructure in each State that is vulnerable to natural disasters.
Report
In general
Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall develop a report that—
analyzes how vulnerable critical electric grid infrastructure in each State is to natural disasters; and
identifies parts of such critical electric grid infrastructure that are high risk for energy disruptions caused by natural disasters.
Availability
The Secretary shall make the report developed under paragraph (1) available to other relevant Federal agencies to consider when funding disaster mitigation and resiliency efforts.
Definitions
In this section:
Critical electric grid infrastructure
The term critical electric grid infrastructure includes transmission lines of 66 kilovolt-amperes and above and other infrastructure, as determined by the Secretary.
Natural disaster
The term natural disaster means a wildfire, hurricane, tornado, extreme temperature, storm, flood, earthquake, volcanic eruption, or other natural occurrence of such magnitude or severity so as to be considered disastrous, as determined by the Secretary.
Secretary
The term Secretary means the Secretary of Energy.
State
The term State means each of the several States, the District of Columbia, any territory or possession of the United States, and any federally recognized Indian Tribe.
Interregional minimum transfer capability requirements
Finding
Congress finds that extreme weather is increasing in frequency and poses a significant risk to the reliability of the electric grid.
Rulemaking
Not later than 18 months after the date of enactment of this Act, the Federal Energy Regulatory Commission shall, pursuant to section 206 of the Federal Power Act (16 U.S.C. 824e), promulgate a final rule that establishes minimum transfer capability requirements between transmission planning regions.
Critical document fee waiver
Section 1238(a) of the Disaster Recovery Reform Act of 2018 (42 U.S.C. 5174b) is amended—
in paragraph (2), by striking applies regardless
and inserting and the requirement of the President to waive fees under paragraph (4) apply regardless
;
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3) the following:
Mandatory automatic waiver
The President, in consultation with the Governor of a State, shall automatically provide a fee waiver described in paragraph (1) to an individual or household that has been adversely affected by a major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)—
for which the President provides assistance to individuals and households under section 408 of that Act (42 U.S.C. 5174); and
that destroyed a critical document described in paragraph (1) of the individual or household.
.
Hermit’s Peak/Calf Canyon Fire Assistance
Findings and purposes
Findings
Congress finds that—
on April 6, 2022, the Forest Service initiated the Las Dispensas-Gallinas prescribed burn on Federal land in the Santa Fe National Forest in San Miguel County, New Mexico, when erratic winds were prevalent in the area that was also suffering from severe drought after many years of insufficient precipitation;
on April 6, 2022, the prescribed burn, which became known as the Hermit’s Peak Fire
, exceeded the containment capabilities of the Forest Service, was declared a wildfire, and spread to other Federal and non-Federal land;
on April 19, 2022, the Calf Canyon Fire, also in San Miguel County, New Mexico, began burning on Federal land and was later identified as the result of a pile burn in January 2022 that remained dormant under the surface before reemerging;
on April 27, 2022, the Hermit’s Peak Fire and the Calf Canyon Fire merged, and both fires were reported as the Hermit’s Peak Fire or the Hermit’s Peak/Calf Canyon Fire, (referred hereafter in this subsection as the Hermit’s Peak/Calf Canyon Fire
);
by May 2, 2022, the fire had grown in size and caused evacuations in multiple villages and communities in San Miguel County and Mora County, including in the San Miguel county jail, the State’s psychiatric hospital, the United World College, and New Mexico Highlands University;
on May 4, 2022, the President issued a major disaster declaration for the counties of Colfax, Mora, and San Miguel, New Mexico;
on May 20, 2022, U.S. Forest Service Chief Randy Moore ordered a 90-day review of prescribed burn policies to reduce the risk of wildfires and ensure the safety of the communities involved;
the U.S. Forest Service has assumed responsibility for the Hermit’s Peak/Calf Canyon Fire;
the fire resulted in the loss of Federal, State, local, Tribal, and private property; and
the United States should compensate the victims of the Hermit’s Peak/Calf Canyon Fire.
Purposes
The purposes of this section are—
to compensate victims of the Hermit’s Peak/Calf Canyon Fire, for injuries resulting from the fire; and
to provide for the expeditious consideration and settlement of claims for those injuries.
Definitions
In this section:
Administrator
The term Administrator means—
the Administrator of the Federal Emergency Management Agency; or
if a Manager is appointed under subsection (c)(1)(C), the Manager.
Hermit’s Peak/Calf Canyon Fire
The term Hermit’s Peak/Calf Canyon Fire means—
the fire resulting from the initiation by the Forest Service of a prescribed burn in the Santa Fe National Forest in San Miguel County, New Mexico, on April 6, 2022;
the pile burn holdover resulting from the prescribed burn by the Forest Service, which reemerged on April 19, 2022; and
the merger of the two fires described in subparagraphs (A) and (B), reported as the Hermit’s Peak Fire or the Hermit’s Peak Fire/Calf Canyon Fire.
Indian Tribe
The term Indian Tribe means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
Injured person
The term injured person means—
an individual, regardless of the citizenship or alien status of the individual; or
an Indian Tribe, corporation, Tribal corporation, partnership, company, association, county, township, city, State, school district, or other non-Federal entity (including a legal representative) that suffered injury resulting from the Hermit's Peak/Calf Canyon Fire.
Injury
The term injury has the same meaning as the term injury or loss of property, or personal injury or death as used in section 1346(b)(1) of title 28, United States Code.
Manager
The term Manager means an Independent Claims Manager appointed under subsection (c)(1)(C).
Office
The term Office means the Office of Hermit's Peak/Calf Canyon Fire Claims established by subsection (c)(1)(B).
Tribal entity
The term Tribal entity includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section 166 of the Workforce Innovation and Opportunity Act (25 U.S.C. 5304).
Compensation for victims of Hermit's Peak/Calf Canyon Fire
In general
Compensation
Each injured person shall be entitled to receive from the United States compensation for injury suffered by the injured person as a result of the Hermit's Peak/Calf Canyon Fire.
Office of Hermit's Peak/Calf Canyon Fire Claims
In general
There is established within the Federal Emergency Management Agency an Office of Hermit's Peak/Calf Canyon Fire Claims.
Purpose
The Office shall receive, process, and pay claims in accordance with this section.
Funding
The Office—
shall be funded from funds made available to the Administrator under this section;
may appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in competitive service; and
may reimburse other Federal agencies for claims processing support and assistance.
Option to appoint independent claims manager
The Administrator may appoint an Independent Claims Manager to—
head the Office; and
assume the duties of the Administrator under this section.
Submission of claims
Not later than 2 years after the date on which regulations are first promulgated under paragraph (6), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate.
Investigation of claims
In general
The Administrator shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted under paragraph (2).
Applicability of State law
Except as otherwise provided in this section, the laws of the State of New Mexico shall apply to the calculation of damages under paragraph (4)(D).
Extent of damages
Any payment under this section—
shall be limited to actual compensatory damages measured by injuries suffered; and
shall not include—
interest before settlement or payment of a claim; or
punitive damages.
Payment of claims
Determination and payment of amount
In general
Payment
Not later than 180 days after the date on which a claim is submitted under this section, the Administrator shall determine and fix the amount, if any, to be paid for the claim.
Priority
The Administrator, to the maximum extent practicable, shall pay subrogation claims submitted under this section only after paying claims submitted by injured parties that are not insurance companies seeking payment as subrogees.
Parameters of determination
In determining and settling a claim under this section, the Administrator shall determine only—
whether the claimant is an injured person;
whether the injury that is the subject of the claim resulted from the fire;
the amount, if any, to be allowed and paid under this section; and
the person or persons entitled to receive the amount.
Insurance and other benefits
In general
In determining the amount of, and paying, a claim under this section, to prevent recovery by a claimant in excess of actual compensatory damages, the Administrator shall reduce the amount to be paid for the claim by an amount that is equal to the total of insurance benefits (excluding life insurance benefits) or other payments or settlements of any nature that were paid, or will be paid, with respect to the claim.
Government loans
This subparagraph shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the claimant.
Partial payment
In general
At the request of a claimant, the Administrator may make 1 or more advance or partial payments before the final settlement of a claim, including final settlement on any portion or aspect of a claim that is determined to be severable.
Judicial decision
If a claimant receives a partial payment on a claim under this section, but further payment on the claim is subsequently denied by the Administrator, the claimant may—
seek judicial review under paragraph (9); and
keep any partial payment that the claimant received, unless the Administrator determines that the claimant—
was not eligible to receive the compensation; or
fraudulently procured the compensation.
Rights of insurer or other third party
If an insurer or other third party pays any amount to a claimant to compensate for an injury described in paragraph (1), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this section or any other law.
Allowable damages
Loss of property
A claim that is paid for loss of property under this section may include otherwise uncompensated damages resulting from the Hermit's Peak/Calf Canyon Fire for—
an uninsured or underinsured property loss;
a decrease in the value of real property;
damage to physical infrastructure, including irrigation infrastructure such as acequia systems;
a cost resulting from lost subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities conducted on land damaged by the Hermit's Peak/Calf Canyon Fire;
a cost of reforestation or revegetation on Tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; and
any other loss that the Administrator determines to be appropriate for inclusion as loss of property.
Business loss
A claim that is paid for injury under this section may include damages resulting from the Hermit's Peak/Calf Canyon Fire for the following types of otherwise uncompensated business loss:
Damage to tangible assets or inventory.
Business interruption losses.
Overhead costs.
Employee wages for work not performed.
Any other loss that the Administrator determines to be appropriate for inclusion as business loss.
Financial loss
A claim that is paid for injury under this section may include damages resulting from the Hermit's Peak/Calf Canyon Fire for the following types of otherwise uncompensated financial loss:
Increased mortgage interest costs.
An insurance deductible.
A temporary living or relocation expense.
Lost wages or personal income.
Emergency staffing expenses.
Debris removal and other cleanup costs.
Costs of reasonable efforts, as determined by the Administrator, to reduce the risk of wildfire, flood, or other natural disaster in the counties impacted by the Hermit's Peak/Calf Canyon Fire to risk levels prevailing in those counties before the Hermit's Peak/Calf Canyon Fire, that are incurred not later than the date that is 3 years after the date on which the regulations under paragraph (6) are first promulgated.
A premium for flood insurance that is required to be paid on or before May 31, 2024, if, as a result of the Hermit's Peak/Calf Canyon Fire, a person that was not required to purchase flood insurance before the Hermit's Peak/Calf Canyon Fire is required to purchase flood insurance.
A disaster assistance loan received from the Small Business Administration.
Any other loss that the Administrator determines to be appropriate for inclusion as financial loss.
Acceptance of award
The acceptance by a claimant of any payment under this section, except an advance or partial payment made under paragraph (4)(B), shall—
be final and conclusive on the claimant, with respect to all claims arising out of or relating to the same subject matter; and
constitute a complete release of all claims against the United States (including any agency or employee of the United States) under chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act
), or any other Federal or State law, arising out of or relating to the same subject matter.
Regulations and public information
Regulations
Notwithstanding any other provision of law, not later than 45 days after the date of enactment of this section, the Administrator shall promulgate and publish in the Federal Register interim final regulations for the processing and payment of claims under this section.
Public information
In general
At the time at which the Administrator promulgates regulations under subparagraph (A), the Administrator shall publish, online and in print, in newspapers of general circulation in the State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of—
the rights conferred under this section; and
the procedural and other requirements of the regulations promulgated under subparagraph (A).
Dissemination through other media
The Administrator shall disseminate the explanation published under clause (i) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants.
Consultation
In administering this section, the Administrator shall consult with the Secretary of the Interior, the Secretary of Energy, the Secretary of Agriculture, the Administrator of the Small Business Administration, other Federal agencies, and State, local, and Tribal authorities, as determined to be necessary by the Administrator, to—
ensure the efficient administration of the claims process; and
provide for local concerns.
Election of remedy
In general
An injured person may elect to seek compensation from the United States for 1 or more injuries resulting from the Hermit's Peak/Calf Canyon Fire by—
submitting a claim under this section;
filing a claim or bringing a civil action under chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act
); or
bringing an authorized civil action under any other provision of law.
Effect of election
An election by an injured person to seek compensation in any manner described in subparagraph (A) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit's Peak/Calf Canyon Fire that are suffered by the claimant.
Arbitration
In general
Not later than 45 days after the date of enactment of this Act, the Administrator shall establish by regulation procedures under which a dispute regarding a claim submitted under this section may be settled by arbitration.
Arbitration as remedy
On establishment of arbitration procedures under clause (i), an injured person that submits a disputed claim under this section may elect to settle the claim through arbitration.
Binding effect
An election by an injured person to settle a claim through arbitration under this subparagraph shall—
be binding; and
preclude any exercise by the injured person of the right to judicial review of a claim described in paragraph (9).
No effect on entitlements
Nothing in this section affects any right of a claimant to file a claim for benefits under any Federal entitlement program.
Judicial review
In general
Any claimant aggrieved by a final decision of the Administrator under this section may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New Mexico, to modify or set aside the decision, in whole or in part.
Record
The court shall hear a civil action under subparagraph (A) on the record made before the Administrator.
Standard
The decision of the Administrator incorporating the findings of the Administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole.
Attorney’s and agent’s fees
In general
No attorney or agent, acting alone or in combination with any other attorney or agent, shall charge, demand, receive, or collect, for services rendered in connection with a claim submitted under this section, fees in excess of the limitations established under section 2678 of title 28, United States Code.
Violation
An attorney or agent who violates subparagraph (A) shall be fined not more than $10,000.
Waiver of requirement for matching funds
State and local project
In general
Notwithstanding any other provision of law, a State or local project that is determined by the Administrator to be carried out in response to the Hermit's Peak/Calf Canyon Fire under any Federal program that applies to an area affected by the Hermit's Peak/Calf Canyon Fire shall not be subject to any requirement for State or local matching funds to pay the cost of the project under the Federal program.
Federal share
The Federal share of the costs of a project described in clause (i) shall be 100 percent.
Other needs program assistance
Notwithstanding section 408(g)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(g)(2)), for any emergency or major disaster declared by the President under that Act for the Hermit’s Peak/Calf Canyon Fire, the Federal share of assistance provided under that section shall be 100 percent.
Applicability of debt collection requirements
Section 3711(a) of title 31, United States Code, shall not apply to any payment under this section, unless—
there is evidence of civil or criminal fraud, misrepresentation, presentation of a false claim; or
a claimant was not eligible under paragraph (4)(B) of this section to any partial payment.
Indian compensation
Notwithstanding any other provision of law, in the case of an Indian Tribe, a Tribal entity, or a member of an Indian Tribe that submits a claim under this section—
the Bureau of Indian Affairs shall have no authority over, or any trust obligation regarding, any aspect of the submission of, or any payment received for, the claim;
the Indian Tribe, Tribal entity, or member of an Indian Tribe shall be entitled to proceed under this section in the same manner and to the same extent as any other injured person; and
except with respect to land damaged by the Hermit's Peak/Calf Canyon Fire that is the subject of the claim, the Bureau of Indian Affairs shall have no responsibility to restore land damaged by the Hermit's Peak/Calf Canyon Fire.
Report
Not later than 1 year after the date of promulgation of regulations under paragraph (6)(A), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this section during the year preceding the date of submission of the report, including, for each claim—
the amount claimed;
a brief description of the nature of the claim; and
the status or disposition of the claim, including the amount of any payment under this section.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Fire management assistance cost share
In general
Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended—
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following:
Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance.
.
Applicability
The amendment made by subsection (a) shall only apply to amounts appropriated on or after the date of enactment of this Act.
Rulemaking
Not later than 3 years after the date of enactment of this Act, the President, acting through the Administrator of the Federal Emergency Management Agency, shall conduct and complete a rulemaking to provide criteria for the circumstances under which the Administrator may recommend the President increase the Federal cost share for section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187). Such criteria shall include a threshold metric that assesses the financial impact to a State or local government from responding to a fire for which fire management assistance is being provided.
Transitional sheltering assistance
Definitions
In this section:
Individual at risk of wildfire smoke related illness
The term individual at risk of wildfire smoke related illness means an individual, living in an area where the air quality index is determined to be unhealthy for not less than 3 consecutive days as a result of a wildfire, who is—
a low-income individual;
a parent or guardian with a child who has not attained 19 years of age;
a pregnant woman;
an individual who is 65 years of age or older;