Western Water Reinvestment Act

This Act may be cited as the “Western Water Reinvestment Act”.

(a) Reauthorization of certain Bureau of Reclamation programs.—

(1) Aquatic ecosystem restoration program.— Section 1109(d) of division FF of the Consolidated Appropriations Act, 2021 (33 U.S.C. 2330c(d)), is amended by striking “2026” and inserting “2031”.

(2) Reclamation basin study program.—

(A) In general.— 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”.

(B) Technical correction.—

(i) In general.— Section 1106 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 3240), is amended by striking subsection (d).

(ii) Effective date.— The amendment made by clause (i) shall take effect on the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 1182).

(3) Cooperative watershed management program.— Section 6002 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015a) is amended by striking subsection (g) and inserting the following:

“(g) Authorization of appropriations.— There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2027 through 2031.”.

(b) WaterSMART program improvements.—

(1) Water management improvement.— Section 9504(a) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is amended—

(A) in paragraph (1)—

(i) in subparagraph (F), by inserting “, including through temporary, voluntary, and compensated transactions that decrease consumptive water use at a regional or watershed scale” after “imbalances”; and

(ii) in subparagraph (J), by striking clause (i) and inserting the following:

“(i) to increase ecological resilience to climate change by addressing climate-related impacts to, or vulnerabilities of, the water supply of the United States, including by enhancing natural water storage within a floodplain or riparian wetland;”; and

(B) in paragraph (3)(B)(i), by striking subclause (II) and inserting the following:

“(II) to use the assistance provided under the grant or agreement to increase the consumptive use of water for agricultural operations above preproject levels, as determined pursuant to the law of the State in which the operation of the eligible applicant is located.”.

(2) Authorization of appropriations.— Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking “$1,000,000,000” and inserting “$1,400,000,000”.

(c) Cooperative watershed management program.—

(1) Definitions.— Section 6001 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015) is amended—

(A) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;

(B) by inserting after paragraph (3) the following:

“(4) 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).”; and

(C) in subparagraph (B)(v) of paragraph (7) (as so redesignated)—

(i) in subclause (I), by striking “or” at the end;

(ii) in subclause (II), by inserting “or” after the semicolon; and

(iii) by adding at the end the following:

“(III) has ancestral lands within the watershed;”.

(2) Program.— Section 6002 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015a) is amended—

(A) in subsection (c)—

(i) in paragraph (1)(B)—

(I) in clause (i), by striking “interests; or” and inserting “interests, including Indian tribes;”;

(II) by redesignating clause (ii) as clause (iii); and

(III) by inserting after clause (i) the following:

“(ii) demonstrate significant need due to drought, wildfire, or other natural disaster; or”;

(ii) in paragraph (2)—

(I) in subparagraph (A)(i), by striking “$100,000” and all that follows through the period at the end and inserting “$150,000 each year for a period of not less than 3 years, subject to the sufficiency of applications submitted and the availability of appropriations.”;

(II) by striking clause (iii);

(III) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and

(IV) by adding at the end the following:

“(v) Continuation and extension.—

(I) In general.— The Secretary may, at the discretion of the Secretary, issue a continuation of the first-phase grant for not more than 2 additional years if the recipient of the first-phase grant has demonstrated satisfactory performance with implementation of the proposal under the initial grant, as determined by the Secretary.

(II) Amounts.— A grant continued pursuant to subclause (I) shall be in an amount not greater than $150,000 each year, as determined to be appropriate by the Secretary.”;

(iii) in paragraph (3)(B)(ii), by striking “quantity.” and inserting the following:

“(I) grant writing;

(II) project management; and

(III) technical assistance, such as feasibility, design, preliminary environmental review, and engineering.”; and

(iv) by adding at the end the following:

“(4) Continuous enrollment.— The Secretary shall—

(A) make funding opportunities for the program available on a regular basis; and

(B) allow applications for grants under the program to be submitted and evaluated multiple times during a calendar year.”; and

(B) in subsection (f), in the matter preceding paragraph (1), by inserting “, and make available to the public,” after “House of Representatives”.

(a) Establishment.—

(1) In general.— Subject to paragraphs (2) and (3), the Secretary of the Interior (referred to in this section as the Secretary) shall establish a program under which the Secretary shall provide financial assistance to eligible agricultural producers (as identified by the Secretary) in Reclamation States (as defined in section 4014 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322)), in the form of direct payments or credits, as applicable, to compensate the agricultural producers for the creation and maintenance of waterbird and shorebird habitats.

(2) Limitation on amount of financial assistance.— Not more than a total of $3,500,000 of financial assistance may be provided for each fiscal year under paragraph (1).

(3) Conditions.— Financial assistance may be provided under paragraph (1) only if the Secretary determines that the activities receiving the financial assistance would—

(A) create new habitat that would not otherwise be created; or

(B) maintain existing habitat that would not otherwise be maintained.

(b) Authorization of appropriations.— There is authorized to be appropriated to the Secretary to carry out this section $3,500,000 for each of fiscal years 2027 through 2031, to remain available until expended.

(c) Report.— Not later than October 1, 2027, and every 2 years thereafter, the Secretary shall submit to Congress a report that describes the environmental performance of activities that are receiving, or have received, financial assistance under this section during the period covered by the report.

(a) Drought planning and preparedness for critically important fisheries.—

(1) Definitions.— In this subsection:

(A) Critically important fishery.— The term critically important fishery means—

(i) a fishery located in a Reclamation State that is commercially, culturally, or recreationally important;

(ii) a fishery located in a Reclamation State that contains fish species that are listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(iii) a fishery located in a Reclamation State that is used by 1 or more Indian Tribes in the Reclamation State for ceremonial subsistence or commercial purposes.

(B) 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).

(C) Qualified Tribal government.— The term qualified Tribal government means any government of an Indian Tribe that the Secretary determines—

(i) is involved in fishery management and recovery activities, including activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(ii) has the management and organizational capability to maximize the benefits of assistance provided under paragraph (3).

(D) Reclamation State.— The term Reclamation State has the meaning given the term in section 4014 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322).

(E) Secretary.— The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.

(2) Drought plan for critically important fisheries.—

(A) In general.— Not later than January 1, 2027, and every 3 years thereafter, the Secretary, in consultation with the Director of the National Marine Fisheries Service, the Commissioner of Reclamation, the Chief of Engineers, applicable State fish and wildlife agencies, and qualified Tribal governments, shall prepare a plan to sustain the survival of critically important fisheries during future periods of extended drought through—

(i) voluntary, compensated actions by private landowners and water right holders; or

(ii) other investments in drought preparedness made by the Secretary.

(B) Considerations.— In preparing the plan under subparagraph (A), the Secretary shall take into consideration—

(i) habitat restoration efforts designed to provide drought refugia and increased fishery resilience during droughts;

(ii) relocating the release location and timing of hatchery fish to avoid predation and temperature impacts;

(iii) barging of hatchery release fish to improve survival and reduce straying;

(iv) coordination with water users, the Commissioner of Reclamation, State fish and wildlife agencies, qualified Tribal governments, 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;

(v) hatchery management modifications, such as expanding hatchery production of fish during periods of extended drought, if appropriate for a particular river basin;

(vi) hatchery retrofit projects, such as the installation and operation of filtration equipment and chillers, to reduce disease outbreak, egg mortality, and other impacts of droughts in high water temperatures;

(vii) increasing rescue operations of upstream migrating fish;

(viii) 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;

(ix) programs to reduce predation losses at artificially created predation hot spots;

(x) habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts; and

(xi) retrofitting existing water facilities to provide improved temperature conditions for fish.

(3) Public comment.— Before finalizing a plan under paragraph (2), the Secretary shall provide for a public comment period of not less than 90 days.

(4) Authorization of appropriations.— There is authorized to be appropriated to the Secretary to carry out fish, stream, and hatchery activities relating to fish recovery efforts, including activities carried out in coordination with the Director of the National Marine Fisheries Service, the Commissioner of Reclamation, the Chief of Engineers, applicable State fish and wildlife agencies, or a qualified Tribal government, $25,000,000 for fiscal year 2027.

(5) Effect.— Nothing in this subsection affects any obligation under any Federal environmental law.

(b) Sustaining biodiversity during droughts.— Section 9503(b) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(b)) is amended—

(1) in paragraph (3)(D), by inserting “and native biodiversity” after “wildlife habitat”; and

(2) in paragraph (4)(B), by inserting “and drought biodiversity plans to address sustaining native biodiversity during periods of drought” after “restoration plans”.

(c) Reauthorization of Fisheries Restoration and Irrigation Mitigation Act of 2000.—

(1) Definition of Pacific Ocean drainage area.— Section 2(1) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) is amended by inserting “or a terminal lake” before the period at the end.

(2) Authorization of appropriations.— 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 for each of fiscal years 2027 through 2031”.

(a) Definitions.— In this section:

(1) Aquatic restoration.— The term aquatic restoration means—

(A) restoring wetlands, streams, riparian areas, or other water bodies by removing, replacing, or modifying water control structures, such as dams, levees, dikes, ditches, culverts, pipes, drainage tiles, valves, gates, and fencing, to allow waters to flow into natural channels and floodplains and restore natural flow regimes, to the extent practicable, where valid existing rights or special use authorizations are not unilaterally altered or canceled, including—

(i) repairing an existing water control structure that is no longer functioning properly with minimal dredging, excavation, or placement of fill and without releasing hazardous substances;

(ii) installing a newly designed structure that replaces an existing culvert to improve aquatic organism passage and prevent resource and property damage where the road or trail maintenance level does not change;

(iii) removing a culvert and installing a bridge to improve aquatic or terrestrial organism passage or prevent resource or property damage where the road or trail maintenance level does not change;

(iv) removing a human-built small earthen dam, rock-fill dam, or low-head dam (as defined in section 6(g) of the National Dam Program Safety Act (33 U.S.C. 467d(g))) with a low hazard potential classification that is no longer needed;

(v) the construction of small water control structures;

(vi) the removal of vegetation, trees, or invasive species for aquatic habitat improvement purposes, if—

(I) no or negligible environmental disturbances are anticipated; and

(II) the project has a footprint of not more than 30 acres;

(vii) the planting of seeds or seedlings and other minor revegetation actions; and

(viii) the construction of small berms or dikes;

(B) the development of limited access for routine maintenance and management purposes requiring not more than 1 mile of temporary road construction;

(C) the construction of new, or the addition of, small structures or improvements, including structures and improvements for the restoration of wetland, riparian, instream, or native habitats, which result in no or only minor changes in the use of the affected local area; and

(D) modifications to, maintenance of, or new construction and placement of, stream or lake aquatic habitat improvement structures using native materials or normal practices, including—

(i) reconstructing a gabion with stone from a nearby source;

(ii)

(I) construction of aquatic habitat improvement structures made from a combination of woody, earthen, stone, or gravel materials; and

(II) placement of the structures referred to in subclause (I) within an incised stream channel to restore natural watershed processes and habitat;

(iii) adding brush to lake fish beds; and

(iv) cleaning and resurfacing a fish ladder at a hydroelectric dam.

(2) Categorical exclusion.— The term categorical exclusion has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).

(3) Secretary.— The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation.

(b) Categorical exclusion.—

(1) In general.— Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a categorical exclusion for aquatic restoration.

(2) Administration.— In developing and administering the categorical exclusion under paragraph (1), the Secretary shall—

(A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(B) apply any extraordinary circumstance under section 46.215 of title 43, Code of Federal Regulations (or a successor regulation), in determining whether to use the categorical exclusion.

(a) Definition of Working Group.— Section 301(a) of the Oregon Resource Conservation Act of 1996 (Public Law 104–208; 110 Stat. 3009–534; 122 Stat. 836) is amended by striking paragraph (1) and inserting the following:

“(1) Working Group.— The term Working Group means the Deschutes River Conservancy Working Group composed of a board of directors of not fewer than 10, but not more than 15, members nominated by the group represented by the member, of whom—

(A) 2 members shall be representatives of the environmental community in the Deschutes River Basin;

(B) 2 members shall be representatives of the irrigated agriculture community in the Deschutes River Basin;

(C) 2 members shall be representatives of the Confederated Tribes of the Warm Springs Reservation of Oregon;

(D) 1 member shall be a representative of the hydroelectric production community in the Deschutes River Basin;

(E) 1 member shall be a representative of 1 of the Federal agencies with authority and responsibility in the Deschutes River Basin;

(F) 1 member shall be a representative of an agency of the State of Oregon with authority and responsibility in the Deschutes River Basin, such as—

(i) the Oregon Department of Fish and Wildlife; or

(ii) the Oregon Water Resources Department; and

(G) 1 member shall be a representative of a unit of local government in the Deschutes River Basin.”.

(b) Reauthorization; administrative costs.— Section 301 of the Oregon Resource Conservation Act of 1996 (Public Law 104–208; 110 Stat. 3009–534; 122 Stat. 836) is amended—

(1) in subsection (b)—

(A) in paragraph (3), by striking “2016” and inserting “2032”; and

(B) in paragraph (6), by striking “5 percent” and inserting “10 percent”; and

(2) in subsection (h), by striking “2016” and inserting “2032”.