United States 118th Congress Status: Introduced 1 R cosponsors

HR 8997 — Energy and Water Development and Related Agencies Appropriations Act, 2025

Last action — POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced further proceedings on H.R. 8997 would be postponed.

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2025, and for other purposes.

Bill Text

What Congress says this changes

H. Rept. 118-580

Published by the reporting committee Not generated — this is the committee's own “Changes in Existing Law Made by the Bill, as Reported”.

Text to be removed appears in [brackets]. Newly inserted text is italicised in the official report and cannot be marked in this plain-text rendition — read the official PDF ↗ for the authoritative formatting.

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

 PUBLIC LAW 108-361

 * * * * * * *
TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT

 * * * * * * *

SEC. 103. BAY DELTA PROGRAM.

 (a) In General.--
 (1) Record of decision as general framework.--The 
 Record of Decision is approved as a general framework 
 for addressing the Calfed Bay-Delta Program, including 
 its components relating to water storage, ecosystem 
 restoration, water supply reliability (including new 
 firm yield), conveyance, water use efficiency, water 
 quality, water transfers, watersheds, the Environmental 
 Water Account, levee stability, governance, and 
 science.
 (2) Requirements.--
 (A) In general.--The Secretary and the heads 
 of the Federal agencies are authorized to carry 
 out the activities described in subsections (c) 
 through (f) consistent with--
 (i) the Record of Decision;
 (ii) the requirement that Program 
 activities consisting of protecting 
 drinking water quality, restoring 
 ecological health, improving water 
 supply reliability (including 
 additional storage, conveyance, and new 
 firm yield), and protecting Delta 
 levees will progress in a balanced 
 manner; and
 (iii) this title.
 (B) Multiple benefits.--In selecting 
 activities and projects, the Secretary and the 
 heads of the Federal agencies shall consider 
 whether the activities and projects have 
 multiple benefits.
 (b) Authorized Activities.--The Secretary and the heads of 
the Federal agencies are authorized to carry out the activities 
described in subsections (c) through (f) in furtherance of the 
Calfed Bay-Delta Program as set forth in the Record of 
Decision, subject to the cost-share and other provisions of 
this title, if the activity has been--
 (1) subject to environmental review and approval, as 
 required under applicable Federal and State law; and
 (2) approved and certified by the relevant Federal 
 agency, following consultation and coordination with 
 the Governor, to be consistent with the Record of 
 Decision.
 (c) Authorizations for Federal Agencies Under Applicable 
Law.--
 (1) Secretary of the interior.--The Secretary of the 
 Interior is authorized to carry out the activities 
 described in paragraphs (1) through (10) of subsection 
 (d), to the extent authorized under the reclamation 
 laws, the Central Valley Project Improvement Act (title 
 XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish 
 and Wildlife Coordination Act (16 U.S.C. 661 et seq.), 
 the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
 seq.), and other applicable law.
 (2) Administrator of the environmental protection 
 agency.--The Administrator of the Environmental 
 Protection Agency is authorized to carry out the 
 activities described in paragraphs (3), (5), (6), (7), 
 (8), and (9) of subsection (d), to the extent 
 authorized under the Federal Water Pollution Control 
 Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water 
 Act (42 U.S.C. 300f et seq.), and other applicable law.
 (3) Secretary of the army.--The Secretary of the Army 
 is authorized to carry out the activities described in 
 paragraphs (1), (2), (6), (7), (8), and (9) of 
 subsection (d), to the extent authorized under flood 
 control, water resource development, and other 
 applicable law.
 (4) Secretary of commerce.--The Secretary of Commerce 
 is authorized to carry out the activities described in 
 paragraphs (2), (6), (7), and (9) of subsection (d), to 
 the extent authorized under the Fish and Wildlife 
 Coordination Act (16 U.S.C. 661 et seq.), the 
 Endangered Species Act of 1973 (16 U.S.C. 1531 et 
 seq.), and other applicable law.
 (5) Secretary of agriculture.--The Secretary of 
 Agriculture is authorized to carry out the activities 
 described in paragraphs (3), (5), (6), (7), (8), and 
 (9) of subsection (d), to the extent authorized under 
 title XII of the Food Security Act of 1985 (16 U.S.C. 
 3801 et seq.), the Farm Security and Rural Investment 
 Act of 2002 (Public Law 107-171; 116 Stat. 134) 
 (including amendments made by that Act), and other 
 applicable law.
 (d) Description of Activities Under Applicable Law.--
 (1) Water storage.--
 (A) In general.--Activities under this 
 paragraph consist of--
 (i) planning and feasibility studies 
 for projects to be pursued with 
 project-specific study for enlargement 
 of--
 (I) the Shasta Dam in Shasta 
 County; and
 (II) the Los Vaqueros 
 Reservoir in Contra Costa 
 County;
 (ii) planning and feasibility studies 
 for the following projects requiring 
 further consideration--
 (I) the Sites Reservoir in 
 Colusa County; and
 (II) the Upper San Joaquin 
 River storage in Fresno and 
 Madera Counties;
 (iii) developing and implementing 
 groundwater management and groundwater 
 storage projects; and
 (iv) comprehensive water management 
 planning.
 (B) Storage project authorization and 
 balanced calfed implementation.--
 (i) In general.--If on completion of 
 the feasibility study for a project 
 described in clause (i) or (ii) of 
 subparagraph (A), the Secretary, in 
 consultation with the Governor, 
 determines that the project should be 
 constructed in whole or in part with 
 Federal funds, the Secretary shall 
 submit the feasibility study to 
 Congress.
 (ii) Finding of imbalance.--If 
 Congress fails to authorize 
 construction of the project by the end 
 of the next full session following the 
 submission of the feasibility study, 
 the Secretary, in consultation with the 
 Governor, shall prepare a written 
 determination making a finding of 
 imbalance for the Calfed Bay-Delta 
 Program.
 (iii) Report on rebalancing.--
 (I) In general.--If the 
 Secretary makes a finding of 
 imbalance for the Program under 
 clause (ii), the Secretary, in 
 consultation with the Governor, 
 shall, not later than 180 days 
 after the end of the full 
 session described in clause 
 (ii), prepare and submit to 
 Congress a report on the 
 measures necessary to rebalance 
 the Program.
 (II) Schedules and 
 alternatives.--The report shall 
 include preparation of revised 
 schedules and identification of 
 alternatives to rebalance the 
 Program, including resubmission 
 of the project to Congress with 
 or without modification, 
 construction of other projects, 
 and construction of other 
 projects that provide 
 equivalent water supply and 
 other benefits at equal or 
 lesser cost.
 (C) Water supply and yield study.--
 (i) In general.--The Secretary, 
 acting through the Bureau of 
 Reclamation and in coordination with 
 the State, shall conduct a study of 
 available water supplies and existing 
 and future needs for water--
 (I) within the units of the 
 Central Valley Project;
 (II) within the area served 
 by Central Valley Project 
 agricultural, municipal, and 
 industrial water service 
 contractors; and
 (III) within the Calfed Delta 
 solution area.
 (ii) Relationship to prior study.--In 
 conducting the study, the Secretary 
 shall incorporate and revise, as 
 necessary, the results of the study 
 required by section 3408(j) of the 
 Central Valley Project Improvement Act 
 of 1992 (Public Law 102-575; 106 Stat. 
 4730).
 (iii) Report.--Not later than 1 year 
 after the date of enactment of this 
 Act, the Secretary shall submit to the 
 appropriate authorizing and 
 appropriating committees of the Senate 
 and the House of Representatives a 
 report describing the results of the 
 study, including--
 (I) new firm yield and water 
 supply improvements, if any, 
 for Central Valley Project 
 agricultural water service 
 contractors and municipal and 
 industrial water service 
 contractors, including those 
 identified in Bulletin 160;
 (II) all water management 
 actions or projects, including 
 those identified in Bulletin 
 160, that would--
 (aa) improve firm 
 yield or water supply; 
 and
 (bb) if taken or 
 constructed, balance 
 available water 
 supplies and existing 
 demand with due 
 recognition of water 
 right priorities and 
 environmental needs;
 (III) the financial costs of 
 the actions and projects 
 described under subclause (II); 
 and
 (IV) the beneficiaries of 
 those actions and projects and 
 an assessment of the 
 willingness of the 
 beneficiaries to pay the 
 capital costs and operation and 
 maintenance costs of the 
 actions and projects.
 (D) Management.--The Secretary shall conduct 
 activities related to developing groundwater 
 storage projects to the extent authorized under 
 law.
 (E) Comprehensive water planning.--The 
 Secretary shall conduct activities related to 
 comprehensive water management planning to the 
 extent authorized under law.
 (2) Conveyance.--
 (A) South delta actions.--
 (i) In general.--In the case of the 
 South Delta, activities under this 
 subparagraph consist of--
 (I) the South Delta 
 Improvements Program through 
 actions to--
 (aa) increase the 
 State Water Project 
 export limit to 8,500 
 cfs;
 (bb) install 
 permanent, operable 
 barriers in the South 
 Delta, under which 
 Federal agencies shall 
 cooperate with the 
 State to accelerate 
 installation of the 
 permanent, operable 
 barriers in the South 
 Delta, with an intent 
 to complete that 
 installation not later 
 than September 30, 
 2007;
 (cc) evaluate, 
 consistent with the 
 Record of Decision, 
 fish screens and intake 
 facilities at the Tracy 
 Pumping Plant 
 facilities; and
 (dd) increase the 
 State Water Project 
 export to the maximum 
 capability of 10,300 
 cfs;
 (II) reduction of 
 agricultural drainage in South 
 Delta channels, and other 
 actions necessary to minimize 
 the impact of drainage on 
 drinking water quality;
 (III) evaluation of lower San 
 Joaquin River floodway 
 improvements;
 (IV) installation and 
 operation of temporary barriers 
 in the South Delta until fully 
 operable barriers are 
 constructed; and
 (V) actions to protect 
 navigation and local diversions 
 not adequately protected by 
 temporary barriers.
 (ii) Actions to increase pumping.--
 Actions to increase pumping shall be 
 accomplished in a manner consistent 
 with the Record of Decision requirement 
 to avoid redirected impacts and adverse 
 impacts to fishery protection and with 
 any applicable Federal or State law 
 that protects--
 (I) water diversions and use 
 (including avoidance of 
 increased costs of diversion) 
 by in-Delta water users 
 (including in-Delta 
 agricultural users that have 
 historically relied on water 
 diverted for use in the Delta);
 (II) water quality for 
 municipal, industrial, 
 agricultural, and other uses; 
 and
 (III) water supplies for 
 areas of origin.
 (B) North delta actions.--In the case of the 
 North Delta, activities under this subparagraph 
 consist of--
 (i) evaluation and implementation of 
 improved operational procedures for the 
 Delta Cross Channel to address fishery 
 and water quality concerns;
 (ii) evaluation of a screened 
 through-Delta facility on the 
 Sacramento River; and
 (iii) evaluation of lower Mokelumne 
 River floodway improvements.
 (C) Interties.--Activities under this 
 subparagraph consist of--
 (i) evaluation and construction of an 
 intertie between the State Water 
 Project California Aqueduct and the 
 Central Valley Project Delta Mendota 
 Canal, near the City of Tracy, as an 
 operation and maintenance activity, 
 except that the Secretary shall design 
 and construct the intertie in a manner 
 consistent with a possible future 
 expansion of the intertie capacity (as 
 described in subsection (f)(1)(B)); and
 (ii) assessment of a connection of 
 the Central Valley Project to the 
 Clifton Court Forebay of the State 
 Water Project, with a corresponding 
 increase in the screened intake of the 
 Forebay.
 (D) Program to meet standards.--
 (i) In general.--Prior to increasing 
 export limits from the Delta for the 
 purposes of conveying water to south-
 of-Delta Central Valley Project 
 contractors or increasing deliveries 
 through an intertie, the Secretary 
 shall, not later than 1 year after the 
 date of enactment of this Act, in 
 consultation with the Governor, develop 
 and initiate implementation of a 
 program to meet all existing water 
 quality standards and objectives for 
 which the Central Valley Project has 
 responsibility.
 (ii) Measures.--In developing and 
 implementing the program, the Secretary 
 shall include, to the maximum extent 
 feasible, the measures described in 
 clauses (iii) through (vii).
 (iii) Recirculation program.--The 
 Secretary shall incorporate into the 
 program a recirculation program to 
 provide flow, reduce salinity 
 concentrations in the San Joaquin 
 River, and reduce the reliance on the 
 New Melones Reservoir for meeting water 
 quality and fishery flow objectives 
 through the use of excess capacity in 
 export pumping and conveyance 
 facilities.
 (iv) Best management practices 
 plan.--
 (I) In general.--The 
 Secretary shall develop and 
 implement, in coordination with 
 the State's programs to improve 
 water quality in the San 
 Joaquin River, a best 
 management practices plan to 
 reduce the water quality 
 impacts of the discharges from 
 wildlife refuges that receive 
 water from the Federal 
 Government and discharge salt 
 or other constituents into the 
 San Joaquin River.
 (II) Coordination with 
 interested parties.--The plan 
 shall be developed in 
 coordination with interested 
 parties in the San Joaquin 
 Valley and the Delta.
 (III) Coordination with 
 entities that discharge 
 water.--The Secretary shall 
 also coordinate activities 
 under this clause with other 
 entities that discharge water 
 into the San Joaquin River to 
 reduce salinity concentrations 
 discharged into the River, 
 including the timing of 
 discharges to optimize their 
 assimilation.
 (v) Acquisition of water.--The 
 Secretary shall incorporate into the 
 program the acquisition from willing 
 sellers of water from streams tributary 
 to the San Joaquin River or other 
 sources to provide flow, dilute 
 discharges of salt or other 
 constituents, and to improve water 
 quality in the San Joaquin River below 
 the confluence of the Merced and San 
 Joaquin Rivers, and to reduce the 
 reliance on New Melones Reservoir for 
 meeting water quality and fishery flow 
 objectives.
 (vi) Purpose.--The purpose of the 
 authority and direction provided to the 
 Secretary under this subparagraph is to 
 provide greater flexibility in meeting 
 the existing water quality standards 
 and objectives for which the Central 
 Valley Project has responsibility so as 
 to reduce the demand on water from New 
 Melones Reservoir used for that purpose 
 and to assist the Secretary in meeting 
 any obligations to Central Valley 
 Project contractors from the New 
 Melones Project.
 (vii) Updating of new melones 
 operating plan.--The Secretary shall 
 update the New Melones operating plan 
 to take into account, among other 
 things, the actions described in this 
 title that are designed to reduce the 
 reliance on New Melones Reservoir for 
 meeting water quality and fishery flow 
 objectives, and to ensure that actions 
 to enhance fisheries in the Stanislaus 
 River are based on the best available 
 science.
 (3) Water use efficiency.--
 (A) Water conservation projects.--Activities 
 under this paragraph include water conservation 
 projects that provide water supply reliability, 
 water quality, and ecosystem benefits to the 
 California Bay-Delta system.
 (B) Technical assistance.--Activities under 
 this paragraph include technical assistance for 
 urban and agricultural water conservation 
 projects.
 (C) Water recycling and desalination 
 projects.--Activities under this paragraph 
 include water recycling and desalination 
 projects, including groundwater remediation 
 projects and projects identified in the Bay 
 Area Water Plan and the Southern California 
 Comprehensive Water Reclamation and Reuse Study 
 and other projects, giving priority to projects 
 that include regional solutions to benefit 
 regional water supply and reliability needs.
 (D) Water measurement and transfer actions.--
 Activities under this paragraph include water 
 measurement and transfer actions.
 (E) Urban water conservation.--Activities 
 under this paragraph include implementation of 
 best management practices for urban water 
 conservation.
 (F) Reclamation and recycling projects.--
 (i) Projects.--This subparagraph 
 applies to--
 (I) projects identified in 
 the Southern California 
 Comprehensive Water Reclamation 
 and Reuse Study, dated April 
 2001 and authorized by section 
 1606 of the Reclamation 
 Wastewater and Groundwater 
 Study and Facilities Act (43 
 U.S.C. 390h-4); and
 (II) projects identified in 
 the San Francisco Bay Area 
 Regional Water Recycling 
 Program described in the San 
 Francisco Bay Area Regional 
 Water Recycling Program 
 Recycled Water Master Plan, 
 dated December 1999 and 
 authorized by section 1611 of 
 the Reclamation Wastewater and 
 Groundwater Study and 
 Facilities Act (43 U.S.C. 390h-
 9).
 (ii) Deadline.--Not later than 180 
 days after the date of enactment of 
 this Act, the Secretary shall--
 (I) complete the review of 
 the existing studies of the 
 projects described in clause 
 (i); and
 (II) make the feasibility 
 determinations described in 
 clause (iii).
 (iii) Feasibility determinations.--A 
 project described in clause (i) is 
 presumed to be feasible if the 
 Secretary determines for the project--
 (I) in consultation with the 
 affected local sponsoring 
 agency and the State, that the 
 existing planning and 
 environmental studies for the 
 project (together with 
 supporting materials and 
 documentation) have been 
 prepared consistent with Bureau 
 of Reclamation procedures for 
 projects under consideration 
 for financial assistance under 
 the Reclamation Wastewater and 
 Groundwater Study and 
 Facilities Act (43 U.S.C. 390h 
 et seq.); and
 (II) that the planning and 
 environmental studies for the 
 project (together with 
 supporting materials and 
 documentation) demonstrate that 
 the project will contribute to 
 the goals of improving water 
 supply reliability in the 
 Calfed solution area or the 
 Colorado River Basin within the 
 State and otherwise meets the 
 requirements of section 1604 of 
 the Reclamation Wastewater and 
 Groundwater Study and 
 Facilities Act (43 U.S.C. 390h-
 2).
 (iv) Report.--Not later than 90 days 
 after the date of completion of a 
 feasibility study or the review of a 
 feasibility study under this 
 subparagraph, the Secretary shall 
 submit to the appropriate authorizing 
 and appropriating committees of the 
 Senate and the House of Representatives 
 a report describing the results of the 
 study or review.
 (4) Water transfers.--Activities under this paragraph 
 consist of--
 (A) increasing the availability of existing 
 facilities for water transfers;
 (B) lowering transaction costs through permit 
 streamlining; and
 (C) maintaining a water transfer information 
 clearinghouse.
 (5) Integrated regional water management plans.--
 Activities under this paragraph consist of assisting 
 local and regional communities in the State in 
 developing and implementing integrated regional water 
 management plans to carry out projects and programs 
 that improve water supply reliability, water quality, 
 ecosystem restoration, and flood protection, or meet 
 other local and regional needs, in a manner that is 
 consistent with, and makes a significant contribution 
 to, the Calfed Bay-Delta Program.
 (6) Ecosystem restoration.--
 (A) In general.--Activities under this 
 paragraph consist of--
 (i) implementation of large-scale 
 restoration projects in San Francisco 
 Bay and the Delta and its tributaries;
 (ii) restoration of habitat in the 
 Delta, San Pablo Bay, and Suisun Bay 
 and Marsh, including tidal wetland and 
 riparian habitat;
 (iii) fish screen and fish passage 
 improvement projects, including the 
 Sacramento River Small Diversion Fish 
 Screen Program;
 (iv) implementation of an invasive 
 species program, including prevention, 
 control, and eradication;
 (v) development and integration of 
 Federal and State agricultural programs 
 that benefit wildlife into the 
 Ecosystem Restoration Program;
 (vi) financial and technical support 
 for locally-based collaborative 
 programs to restore habitat while 
 addressing the concerns of local 
 communities;
 (vii) water quality improvement 
 projects to manage or reduce 
 concentrations of salinity, selenium, 
 mercury, pesticides, trace metals, 
 dissolved oxygen, turbidity, sediment, 
 and other pollutants;
 (viii) land and water acquisitions to 
 improve habitat and fish spawning and 
 survival in the Delta and its 
 tributaries;
 (ix) integrated flood management, 
 ecosystem restoration, and levee 
 protection projects;
 (x) scientific evaluations and 
 targeted research on Program 
 activities; and
 (xi) strategic planning and tracking 
 of Program performance.
 (B) Reporting requirements.--The Secretary or 
 the head of the relevant Federal agency (as 
 appropriate under clause (ii)) shall provide to 
 the appropriate authorizing committees of the 
 Senate and the House of Representatives and 
 other appropriate parties in accordance with 
 this subparagraph--
 (i) an annual ecosystem program plan 
 report in accordance with subparagraph 
 (C); and
 (ii) detailed project reports in 
 accordance with subparagraph (D).
 (C) Annual ecosystem program plan.--
 (i) In general.--Not later than 
 October 1 of each year, with respect to 
 each ecosystem restoration action 
 carried out using Federal funds under 
 this title, the Secretary, in 
 consultation with the Governor, shall 
 submit to the appropriate authorizing 
 committees of the Senate and the House 
 of Representatives an annual ecosystem 
 program plan report.
 (ii) Purposes.--The purposes of the 
 report are--
 (I) to describe the projects 
 and programs to implement this 
 subsection in the following 
 fiscal year; and
 (II) to establish priorities 
 for funding the projects and 
 programs for subsequent fiscal 
 years.
 (iii) Contents.--The report shall 
 describe--
 (I) the goals and objectives 
 of the programs and projects;
 (II) program accomplishments;
 (III) major activities of the 
 programs;
 (IV) the Federal agencies 
 involved in each project or 
 program identified in the plan 
 and the cost-share arrangements 
 with cooperating agencies;
 (V) the resource data and 
 ecological monitoring data to 
 be collected for the 
 restoration projects and how 
 the data are to be integrated, 
 streamlined, and designed to 
 measure the effectiveness and 
 overall trend of ecosystem 
 health in the Bay-Delta 
 watershed;
 (VI) implementation schedules 
 and budgets;
 (VII) existing monitoring 
 programs and performance 
 measures;
 (VIII) the status and 
 effectiveness of measures to 
 minimize the impacts of the 
 program on agricultural land; 
 and
 (IX) a description of 
 expected benefits of the 
 restoration program relative to 
 the cost.
 (iv) Special rule for land 
 acquisition using federal funds.--For 
 each ecosystem restoration project 
 involving land acquisition using 
 Federal funds under this title, the 
 Secretary shall--
 (I) identify the specific 
 parcels to be acquired in the 
 annual ecosystem program plan 
 report under this subparagraph; 
 or
 (II) not later than 150 days 
 before the project is approved, 
 provide to the appropriate 
 authorizing committees of the 
 Senate and the House of 
 Representatives, the United 
 States Senators from the State, 
 and the United States 
 Representative whose district 
 would be affected, notice of 
 any such proposed land 
 acquisition using Federal funds 
 under this title submitted to 
 the Federal or State agency.
 (D) Detailed project reports.--
 (i) In general.--In the case of each 
 ecosystem restoration program or 
 project funded under this title that is 
 not specifically identified in an 
 annual ecosystem program plan under 
 subparagraph (C), not later than 45 
 days prior to approval, the Secretary, 
 in coordination with the State, shall 
 submit to the appropriate authorizing 
 committees of the Senate and the House 
 of Representatives recommendations on 
 the proposed program or project.
 (ii) Contents.--The recommendations 
 shall--
 (I) describe the selection of 
 the program or project, 
 including the level of public 
 involvement and independent 
 science review;
 (II) describe the goals, 
 objectives, and implementation 
 schedule of the program or 
 project, and the extent to 
 which the program or project 
 addresses regional and 
 programmatic goals and 
 priorities;
 (III) describe the monitoring 
 plans and performance measures 
 that will be used for 
 evaluating the performance of 
 the proposed program or 
 project;
 (IV) identify any cost-
 sharing arrangements with 
 cooperating entities;
 (V) identify how the proposed 
 program or project will comply 
 with all applicable Federal and 
 State laws, including the 
 National Environmental Policy 
 Act of 1969 (42 U.S.C. 4321 et 
 seq.); and
 (VI) in the case of any 
 program or project involving 
 the acquisition of private land 
 using Federal funds under this 
 title--
 (aa) describe the 
 process and timing of 
 notification of 
 interested members of 
 the public and local 
 governments;
 (bb) describe the 
 measures taken to 
 minimize impacts on 
 agricultural land 
 pursuant to the Record 
 of Decision; and
 (cc) include 
 preliminary management 
 plans for all 
 properties to be 
 acquired with Federal 
 funds, including an 
 overview of existing 
 conditions (including 
 habitat types in the 
 affected project area), 
 the expected ecological 
 benefits, preliminary 
 cost estimates, and 
 implementation 
 schedules.
 (7) Watersheds.--Activities under this paragraph 
 consist of--
 (A) building local capacity to assess and 
 manage watersheds affecting the Delta system;
 (B) technical assistance for watershed 
 assessments and management plans; and
 (C) developing and implementing locally-based 
 watershed conservation, maintenance, and 
 restoration actions.
 (8) Water quality.--Activities under this paragraph 
 consist of--
 (A) addressing drainage problems in the San 
 Joaquin Valley to improve downstream water 
 quality (including habitat restoration projects 
 that improve water quality) if--
 (i) a plan is in place for monitoring 
 downstream water quality improvements; 
 and
 (ii) State and local agencies are 
 consulted on the activities to be 
 funded;
 except that no right, benefit, or privilege is 
 created as a result of this subparagraph;
 (B) implementation of source control programs 
 in the Delta and its tributaries;
 (C) developing recommendations through 
 scientific panels and advisory council 
 processes to meet the Calfed Bay-Delta Program 
 goal of continuous improvement in Delta water 
 quality for all uses;
 (D) investing in treatment technology 
 demonstration projects;
 (E) controlling runoff into the California 
 aqueduct, the Delta-Mendota Canal, and other 
 similar conveyances;
 (F) addressing water quality problems at the 
 North Bay Aqueduct;
 (G) supporting and participating in the 
 development of projects to enable San Francisco 
 Bay Area water districts, and water entities in 
 San Joaquin and Sacramento Counties, to work 
 cooperatively to address their water quality 
 and supply reliability issues, including--
 (i) connections between aqueducts, 
 water transfers, water conservation 
 measures, institutional arrangements, 
 and infrastructure improvements that 
 encourage regional approaches; and
 (ii) investigations and studies of 
 available capacity in a project to 
 deliver water to the East Bay Municipal 
 Utility District under its contract 
 with the Bureau of Reclamation, dated 
 July 20, 2001, in order to determine if 
 such capacity can be utilized to meet 
 the objectives of this subparagraph;
 (H) development of water quality exchanges 
 and other programs to make high quality water 
 available for urban and other users;
 (I) development and implementation of a plan 
 to meet all Delta water quality standards for 
 which the Federal and State water projects have 
 responsibility;
 (J) development of recommendations through 
 science panels and advisory council processes 
 to meet the Calfed Bay-Delta Program goal of 
 continuous improvement in water quality for all 
 uses; and
 (K) projects that are consistent with the 
 framework of the water quality component of the 
 Calfed Bay-Delta Program.
 (9) Science.--Activities under this paragraph consist 
 of--
 (A) supporting establishment and maintenance 
 of an independent science board, technical 
 panels, and standing boards to provide 
 oversight and peer review of the Program;
 (B) conducting expert evaluations and 
 scientific assessments of all Program elements;
 (C) coordinating existing monitoring and 
 scientific research programs;
 (D) developing and implementing adaptive 
 management experiments to test, refine, and 
 improve scientific understandings;
 (E) establishing performance measures, and 
 monitoring and evaluating the performance of 
 all Program elements; and
 (F) preparing an annual science report.
 (10) Diversification of water supplies.--Activities 
 under this paragraph consist of actions to diversify 
 sources of level 2 refuge supplies and modes of 
 delivery to refuges while maintaining the diversity of 
 level 4 supplies pursuant to section 3406(d)(2) of the 
 Central Valley Project Improvement Act (Public Law 102-
 575; 106 Stat. 4723).
 (e) New and Expanded Authorizations for Federal Agencies.--
 (1) In general.--The heads of the Federal agencies 
 described in this subsection are authorized to carry 
 out the activities described in subsection (f) during 
 each of fiscal years 2005 through 2022, in coordination 
 with the Governor.
 (2) Secretary of the interior.--The Secretary of the 
 Interior is authorized to carry out the activities 
 described in paragraphs (1), (2), and (4) of subsection 
 (f).
 (3) Administrator of the environmental protection 
 agency and the secretaries of agriculture and 
 commerce.--The Administrator of the Environmental 
 Protection Agency, the Secretary of Agriculture, and 
 the Secretary of Commerce are authorized to carry out 
 the activities described in subsection (f)(4).
 (4) Secretary of the army.--The Secretary of the Army 
 is authorized to carry out the activities described in 
 paragraphs (3) and (4) of subsection (f).
 (f) Description of Activities Under New and Expanded 
Authorizations.--
 (1) Conveyance.--Of the amounts authorized to be 
 appropriated under section 109, not more than 
 $184,000,000 may be expended for the following:
 (A) San luis reservoir.--Funds may be 
 expended for feasibility studies, evaluation, 
 and implementation of the San Luis Reservoir 
 lowpoint improvement project, except that 
 Federal participation in any construction of an 
 expanded Pacheco Reservoir shall be subject to 
 future congressional authorization.
 (B) Intertie.--Funds may be expended for 
 feasibility studies and evaluation of increased 
 capacity of the intertie between the State 
 Water Project California Aqueduct and the 
 Central Valley Project Delta Mendota Canal.
 (C) Franks tract.--Funds may be expended for 
 feasibility studies and actions at Franks Tract 
 to improve water quality in the Delta.
 (D) Clifton court forebay and the tracy 
 pumping plant.--Funds may be expended for 
 feasibility studies and design of fish screen 
 and intake facilities at Clifton Court Forebay 
 and the Tracy Pumping Plant facilities.
 (E) Drinking water intake facilities.--
 (i) In general.--Funds may be 
 expended for design and construction of 
 the relocation of drinking water intake 
 facilities to in-Delta water users.
 (ii) Drinking water quality.--The 
 Secretary shall coordinate actions for 
 relocating intake facilities on a time 
 schedule consistent with subsection 
 (d)(2)(A)(i)(I)(bb) or take other 
 actions necessary to offset the 
 degradation of drinking water quality 
 in the Delta due to the South Delta 
 Improvement Program.
 (F) New melones reservoir.--
 (i) In general.--In addition to the 
 other authorizations granted to the 
 Secretary by this title, the Secretary 
 shall acquire water from willing 
 sellers and undertake other actions 
 designed to decrease releases from the 
 New Melones Reservoir for meeting water 
 quality standards and flow objectives 
 for which the Central Valley Project 
 has responsibility to assist in meeting 
 allocations to Central Valley Project 
 contractors from the New Melones 
 Project.
 (ii) Purpose.--The authorization 
 under this subparagraph is solely meant 
 to add flexibility for the Secretary to 
 meet any obligations of the Secretary 
 to the Central Valley Project 
 contractors from the New Melones 
 Project by reducing demand for water 
 dedicated to meeting water quality 
 standards in the San Joaquin River.
 (iii) Funding.--Of the amounts 
 authorized to be appropriated under 
 section 109, not more than $30,000,000 
 may be expended to carry out clause 
 (i).
 (G) Recirculation of export water.--Funds may 
 be used to conduct feasibility studies, 
 evaluate, and, if feasible, implement the 
 recirculation of export water to reduce 
 salinity and improve dissolved oxygen in the 
 San Joaquin River.
 (2) Environmental water account.--
 (A) In general.--Of the amounts authorized to 
 be appropriated under section 109, not more 
 than $90,000,000 may be expended for 
 implementation of the Environmental Water 
 Account.
 (B) Nonreimbursable federal expenditure.--
 Expenditures under subparagraph (A) shall be 
 considered a nonreimbursable Federal 
 expenditure in recognition of the payments of 
 the contractors of the Central Valley Project 
 to the Restoration Fund created by the Central 
 Valley Project Improvement Act (Title XXXIV of 
 Public Law 102-575; 106 Stat. 4706).
 (C) Use of restoration fund.--
 (i) In general.--Of the amounts 
 appropriated for the Restoration Fund 
 for each fiscal year, an amount not to 
 exceed $10,000,000 for any fiscal year 
 may be used to implement the 
 Environmental Water Account to the 
 extent those actions are consistent 
 with the fish and wildlife habitat 
 restoration and improvement purposes of 
 the Central Valley Project Improvement 
 Act.
 (ii) Accounting.--Any such use of the 
 Restoration Fund shall count toward the 
 33 percent of funds made available to 
 the Restoration Fund that, pursuant to 
 section 3407(a) of the Central Valley 
 Project Improvement Act, are otherwise 
 authorized to be appropriated to the 
 Secretary to carry out paragraphs (4) 
 through (6), (10) through (18), and 
 (20) through (22) of section 3406(b) of 
 that Act.
 (iii) Federal funding.--The 
 $10,000,000 limitation on the use of 
 the Restoration Fund for the 
 Environmental Water Account under 
 clause (i) does not limit the 
 appropriate amount of Federal funding 
 for the Environmental Water Account.
 (3) Levee stability.--
 (A) In general.--For purposes of implementing 
 the Calfed Bay-Delta Program), the Secretary of 
 the Army is authorized to undertake the 
 construction and implementation of levee 
 stability programs or projects for such 
 purposes as flood control, ecosystem 
 restoration, water supply, water conveyance, 
 and water quality objectives.
 (B) Report.--Not later than 180 days after 
 the date of enactment of this Act, the 
 Secretary of the Army shall submit to the 
 appropriate authorizing and appropriating 
 committees of the Senate and the House of 
 Representatives a report that describes the 
 levee stability reconstruction projects and 
 priorities that will be carried out under this 
 title during each of fiscal years 2005 through 
 2022.
 (C) Justification.--
 (i) In general.--Notwithstanding 
 section 209 of the Flood Control Act of 
 1970 (42 U.S.C. 1962-2), in carrying 
 out levee stability programs and 
 projects pursuant to this paragraph, 
 the Secretary of the Army may determine 
 that the programs and projects are 
 justified by the benefits of the 
 project purposes described in 
 subparagraph (A), and the programs and 
 projects shall require no additional 
 economic justification if the Secretary 
 of the Army further determines that the 
 programs and projects are cost 
 effective.
 (ii) Applicability.--Clause (i) shall 
 not apply to any separable element 
 intended to produce benefits that are 
 predominantly unrelated to the project 
 purposes described in subparagraph (A).
 (D) Projects.--Of the amounts authorized to 
 be appropriated under section 109, not more 
 than $90,000,000 may be expended to--
 (i) reconstruct Delta levees to a 
 base level of protection (also known as 
 the ``Public Law 84-99 standard'') as 
 described in the Record of Decision;
 (ii) enhance the stability of levees 
 that have particular importance in the 
 system through the Delta Levee Special 
 Improvement Projects Program;
 (iii) develop best management 
 practices to control and reverse land 
 subsidence on Delta islands;
 (iv) develop a Delta Levee Emergency 
 Management and Response Plan that will 
 enhance the ability of Federal, State, 
 and local agencies to rapidly respond 
 to levee emergencies;
 (v) develop a Delta Risk Management 
 Strategy after assessing the 
 consequences of Delta levee failure 
 from floods, seepage, subsidence, and 
 earthquakes;
 (vi) reconstruct Delta levees using, 
 to the maximum extent practicable, 
 dredged materials from the Sacramento 
 River, the San Joaquin River, and the 
 San Francisco Bay in reconstructing 
 Delta levees;
 (vii) coordinate Delta levee projects 
 with flood management, ecosystem 
 restoration, and levee protection 
 projects of the lower San Joaquin River 
 and lower Mokelumne River floodway 
 improvements and other projects under 
 the Sacramento-San Joaquin 
 Comprehensive Study; and
 (viii) evaluate and, if appropriate, 
 rehabilitate the Suisun Marsh levees.
 (4) Program management, oversight, and 
 coordination.--
 (A) In general.--Of the amounts authorized to 
 be appropriated under section 109, not more 
 than [$30,000,000] $40,000,000 may be expended 
 by the Secretary or the other heads of Federal 
 agencies, either directly or through grants, 
 contracts, or cooperative agreements with 
 agencies of the State, for--
 (i) Program support;
 (ii) Program-wide tracking of 
 schedules, finances, and performance;
 (iii) multiagency oversight and 
 coordination of Program activities to 
 ensure Program balance and integration;
 (iv) development of interagency 
 cross-cut budgets and a comprehensive 
 finance plan to allocate costs in 
 accordance with the beneficiary pays 
 provisions of the Record of Decision;
 (v) coordination of public outreach 
 and involvement, including tribal, 
 environmental justice, and public 
 advisory activities in accordance with 
 the Federal Advisory Committee Act (5 
 U.S.C. App.); and
 (vi) development of Annual Reports.
 (B) Program-wide activities.--Of the amount 
 referred to in subparagraph (A), not less than 
 50 percent of the appropriated amount shall be 
 provided to the California Bay-Delta Authority 
 to carry out Program-wide management, 
 oversight, and coordination activities.

 * * * * * * *

 ---------- 

 RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT OF 1991

 * * * * * * *
TITLE III--GENERAL AND MISCELLANEOUS PROVISIONS

 * * * * * * *

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

 Except as otherwise provided in section 303 of this Act 
(relating to temperature control devices at Shasta Dam, 
California), there is authorized to be appropriated not more 
than [$120,000,000] $130,000,000 in total for the period of 
fiscal years 2006 through 2022.

 * * * * * * *

 ---------- 

 INFRASTRUCTURE INVESTMENT AND JOBS ACT

 * * * * * * *
DIVISION D--ENERGY

 * * * * * * *

TITLE IX--WESTERN WATER INFRASTRUCTURE

 * * * * * * *

SEC. 40902. WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE 
 PROJECTS.

 (a) Eligibility for Funding.--
 (1) Feasibility studies.--
 (A) In general.--A feasibility study shall 
 only be eligible for funding under section 
 40901(1) if--
 (i) the feasibility study has been 
 authorized by an Act of Congress before 
 the date of enactment of this Act;
 (ii) Congress has approved funding 
 for the feasibility study in accordance 
 with section 4007 of the Water 
 Infrastructure Improvements for the 
 Nation Act (43 U.S.C. 390b note; Public 
 Law 114-322) before the date of 
 enactment of this Act; or
 (iii) the feasibility study is 
 authorized under subparagraph (B).
 (B) Feasibility study authorizations.--The 
 Secretary may carry out feasibility studies for 
 the following projects:
 (i) The Verde Reservoirs Sediment 
 Mitigation Project in the State of 
 Arizona.
 (ii) The Tualatin River Basin Project 
 in the State of Oregon.
 (2) Construction.--A project shall only be eligible 
 for construction funding under section 40901(1) if--
 (A) an Act of Congress enacted before the 
 date of enactment of this Act authorizes 
 construction of the project;
 (B) Congress has approved funding for 
 construction of the project in accordance with 
 section 4007 of the Water Infrastructure 
 Improvements for the Nation Act (43 U.S.C. 390b 
 note; Public Law 114-322) before the date of 
 enactment of [this Act, except for any project 
 for which--] this Act; or
 [(i) Congress did not approve the 
 recommendation of the Secretary for 
 funding under subsection (h)(2) of that 
 section for at least 1 fiscal year 
 before the date of enactment of this 
 Act; or
 [(ii) State funding for the project 
 was rescinded by the State before the 
 date of enactment of this Act; or]
 (C)(i) Congress has authorized or approved 
 funding for a feasibility study for the project 
 in accordance with clause (i) or (ii) of 
 paragraph (1)(A) [(except that projects 
 described in clauses (i) and (ii) of 
 subparagraph (B) shall not be eligible)]; and
 (ii) on completion of the feasibility 
 study for the project, the Secretary--
 (I) finds the project to be 
 technically and financially 
 feasible in accordance with the 
 reclamation laws;
 (II) determines that 
 sufficient non-Federal funding 
 is available for the non-
 Federal cost share of the 
 project; and
 (III)(aa) finds the project 
 to be in the public interest; 
 and
 (bb) recommends the 
 project for 
 construction.
 (b) Cost-sharing Requirement.--
 (1) In general.--The Federal share--
 (A) for a project authorized by an Act of 
 Congress shall be determined in accordance with 
 that Act;
 (B) for a project approved by Congress in 
 accordance with section 4007 of the Water 
 Infrastructure Improvements for the Nation Act 
 (43 U.S.C. 390b note; Public Law 114-322) 
 (including construction resulting from a 
 feasibility study authorized under that Act) 
 shall be as provided in that Act; and
 (C) for a project not described in 
 subparagraph (A) or (B)--
 (i) in the case of a federally owned 
 project, shall not exceed 50 percent of 
 the total cost of the project; and
 (ii) in the case of a non-Federal 
 project, shall not exceed 25 percent of 
 the total cost of the project.
 (2) Federal benefits.--Before funding a project under 
 this section, the Secretary shall determine that, in 
 return for the Federal investment in the project, at 
 least a proportionate share of the benefits are Federal 
 benefits.
 (3) Reimbursability.--The reimbursability of Federal 
 funding of projects under this section shall be in 
 accordance with the reclamation laws.
 (c) Environmental Laws.--In providing funding for a project 
under this section, the Secretary shall comply with all 
applicable environmental laws, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

 * * * * * * *

 ---------- 

 WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION ACT

 * * * * * * *
TITLE III--NATURAL RESOURCES

 * * * * * * *

Subtitle J--California Water

 * * * * * * *

SEC. 4004. CONSULTATION ON COORDINATED OPERATIONS.

 (a) Resolution of Water Resource Issues.--In furtherance of 
the policy established by section 2(c)(2) of the Endangered 
Species Act of 1973, that Federal agencies shall cooperate with 
State and local agencies to resolve water resource issues in 
concert with conservation of endangered species, in any 
consultation or reconsultation on the coordinated operations of 
the Central Valley Project and the State Water Project, the 
Secretaries of the Interior and Commerce shall ensure that any 
[public water agency that contracts] contractor for the 
delivery of water from the Central Valley Project or the State 
Water Project that so requests shall--
 (1) have routine and continuing opportunities to 
 discuss and submit information to the action agency for 
 consideration during the development of any biological 
 assessment or proposed action;
 (2) be informed by the action agency of the schedule 
 for preparation of a biological assessment or proposed 
 action;
 (3) receive a copy of the draft proposed action and 
 have the opportunity to review that document and 
 provide comment to the action agency, which comments 
 shall be afforded due consideration during development;
 [(3)] (4) be informed by the consulting agency, the 
 U.S. Fish and Wildlife Service or the National Marine 
 Fisheries Service, of the schedule for preparation of 
 the biological opinion at such time as the biological 
 assessment is submitted to the consulting agency by the 
 action agency;
 [(4)] (5) receive a copy of any draft biological 
 opinion and have the opportunity to review that 
 document and provide comment to the consulting agency 
 through the action agency, which comments will be 
 afforded due consideration during the consultation;
 [(5)] (6) have the opportunity to confer with the 
 action agency and applicant, if any, about reasonable 
 and prudent alternatives prior to the action agency or 
 applicant identifying one or more reasonable and 
 prudent alternatives for consideration by the 
 consulting agency; and
 [(6)] (7) where action agency proposes a proposed 
 action or the consulting agency suggests a reasonable 
 and prudent alternative be informed--
 (A) how each component of the proposed action 
 or alternative will contribute to avoiding 
 jeopardy or adverse modification of critical 
 habitat and the scientific data or information 
 that supports each component of the 
 alternative; and
 (B) why other proposed [alternative actions] 
 actions or alternatives that would have fewer 
 adverse water supply and economic impacts are 
 inadequate to avoid jeopardy or adverse 
 modification of critical habitat.
 (b) Input.--When consultation is ongoing, the Secretaries of 
the Interior and Commerce shall regularly solicit input from 
and report their progress to the Collaborative Adaptive 
Management Team and the Collaborative Science and Adaptive 
Management Program policy group. The Collaborative Adaptive 
Management Team and the Collaborative Science and Adaptive 
Management Program policy group may provide the Secretaries 
with recommendations to improve the effects analysis and 
Federal agency determinations. The Secretaries shall give due 
consideration to the recommendations when developing the 
Biological Assessment and Biological Opinion.
 (c) Meetings.--The Secretaries shall establish a quarterly 
stakeholder meeting during any consultation or reconsultation 
for the purpose of providing updates on the development of the 
Biological Assessment and Biological Opinion. The quarterly 
stakeholder meeting shall be open to stakeholders identified by 
the Secretaries representing a broad range of interests 
including environmental, recreational and commercial fishing, 
agricultural, municipal, Delta, and other regional interests, 
and including stakeholders that are not state or local 
agencies.
 (d) Clarification.--Neither subsection (b) or (c) of this 
section may be used to meet the requirements of subsection (a).
 (e) Non-applicability of FACA.--For the purposes of 
subsection (b), the Collaborative Adaptive Management Team, the 
Collaborative Science and Adaptive Management Program policy 
group, and any recommendations made to the Secretaries, are 
exempt from the Federal Advisory Committee Act.

 * * * * * * *

SEC. 4007. STORAGE.

 (a) Definitions.--In this subtitle:
 (1) Federally owned storage project.--The term 
 ``federally owned storage project'' means any project 
 involving a surface water storage facility in a 
 Reclamation State--
 (A) to which the United States holds title; 
 and
 (B) that was authorized to be constructed, 
 operated, and maintained pursuant to the 
 reclamation laws.
 (2) State-led storage project.--The term ``State-led 
 storage project'' means any project in a Reclamation 
 State that--
 (A) involves a groundwater or surface water 
 storage facility constructed, operated, and 
 maintained by any State, department of a State, 
 subdivision of a State, or public agency 
 organized pursuant to State law; and
 (B) provides a benefit in meeting any 
 obligation under Federal law (including 
 regulations).
 (b) Federally Owned Storage Projects.--
 (1) Agreements.--On the request of any State, any 
 department, agency, or subdivision of a State, or any 
 public agency organized pursuant to State law, the 
 Secretary of the Interior may negotiate and enter into 
 an agreement on behalf of the United States for the 
 design, study, and construction or expansion of any 
 federally owned storage project in accordance with this 
 section.
 (2) Federal cost share.--Subject to the requirements 
 of this subsection, the Secretary of the Interior may 
 participate in a federally owned storage project in an 
 amount equal to not more than 50 percent of the total 
 cost of the federally owned storage project.
 (3) Commencement.--The construction of a federally 
 owned storage project that is the subject of an 
 agreement under this subsection shall not commence 
 until the Secretary of the Interior--
 (A) determines that the proposed federally 
 owned storage project is feasible in accordance 
 with the reclamation laws;
 (B) secures an agreement providing upfront 
 funding as is necessary to pay the non-Federal 
 share of the capital costs; and
 (C) determines that, in return for the 
 Federal cost-share investment in the federally 
 owned storage project, at least a proportionate 
 share of the project benefits are Federal 
 benefits, including water supplies dedicated to 
 specific purposes such as environmental 
 enhancement and wildlife refuges.
 (4) Environmental laws.--In participating in a 
 federally owned storage project under this subsection, 
 the Secretary of the Interior shall comply with all 
 applicable environmental laws, including the National 
 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
 seq.).
 (c) State-Led Storage Projects.--
 (1) In general.--Subject to the requirements of this 
 subsection, the Secretary of the Interior may 
 participate in a State-led storage project in an amount 
 equal to not more than 25 percent of the total cost of 
 the State-led storage project.
 (2) Request by governor.--Participation by the 
 Secretary of the Interior in a State-led storage 
 project under this subsection shall not occur unless--
 (A) the participation has been requested by 
 the Governor of the State in which the State-
 led storage project is located;
 (B) the State or local sponsor determines, 
 and the Secretary of the Interior concurs, 
 that--
 (i) the State-led storage project is 
 technically and financially feasible 
 and provides a Federal benefit in 
 accordance with the reclamation laws;
 (ii) sufficient non-Federal funding 
 is available to complete the State-led 
 storage project; and
 (iii) the State-led storage project 
 sponsors are financially solvent;
 (C) the Secretary of the Interior determines 
 that, in return for the Federal cost-share 
 investment in the State-led storage project, at 
 least a proportional share of the project 
 benefits are the Federal benefits, including 
 water supplies dedicated to specific purposes 
 such as environmental enhancement and wildlife 
 refuges; and
 (D) the Secretary of the Interior submits to 
 Congress a written notification of these 
 determinations within 30 days of making such 
 determinations.
 (3) Environmental laws.--When participating in a 
 State-led storage project under this subsection, the 
 Secretary shall comply with all applicable 
 environmental laws, including the National 
 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
 seq.).
 (4) Information.--When participating in a State-led 
 storage project under this subsection, the Secretary of 
 the Interior--
 (A) may rely on reports prepared by the 
 sponsor of the State-led storage project, 
 including feasibility (or equivalent) studies, 
 environmental analyses, and other pertinent 
 reports and analyses; but
 (B) shall retain responsibility for making 
 the independent determinations described in 
 paragraph (2).
 (d) Authority To Provide Assistance.--The Secretary of the 
Interior may provide financial assistance under this subtitle 
to carry out projects within any Reclamation State.
 (e) Rights To Use Capacity.--Subject to compliance with State 
water rights laws, the right to use the capacity of a federally 
owned storage project or State-led storage project for which 
the Secretary of the Interior has entered into an agreement 
under this subsection shall be allocated in such manner as may 
be mutually agreed to by the Secretary of the Interior and each 
other party to the agreement.
 (f) Compliance With California Water Bond.--
 (1) In general.--The provision of Federal funding for 
 construction of a State-led storage project in the 
 State of California shall be subject to the condition 
 that the California Water Commission shall determine 
 that the State-led storage project is consistent with 
 the California Water Quality, Supply, and 
 Infrastructure Improvement Act, approved by California 
 voters on November 4, 2014.
 (2) Applicability.--This subsection expires on the 
 date on which State bond funds available under the Act 
 referred to in paragraph (1) are expended.
 (g) Partnership and Agreements.--The Secretary of the 
Interior, acting through the Commissioner, may partner or enter 
into an agreement regarding the water storage projects 
identified in section 103(d)(1) of the Water Supply, 
Reliability, and Environmental Improvement Act (Public Law 108-
361; 118 Stat. 1688) with local joint powers authorities formed 
pursuant to State law by irrigation districts and other local 
water districts and local governments within the applicable 
hydrologic region, to advance those projects.
 (h) Authorization of Appropriations.--
 (1) $335,000,000 of funding in section 4011(e) is 
 authorized to remain available until expended.
 (2) Projects can only receive funding if enacted 
 appropriations legislation designates funding to them 
 by name, after the Secretary recommends specific 
 projects for funding pursuant to this section and 
 transmits such recommendations to the appropriate 
 committees of Congress.
 (i) Sunset.--This section shall apply only to federally owned 
storage projects and State-led storage projects that the 
Secretary of the Interior determines to be feasible before 
January 1, [2021] 2026.
 (j) Consistency With State Law.--Nothing in this section 
preempts or modifies any obligation of the United States to act 
in conformance with applicable State law.
 (k) Calfed Authorization.--Title I of Public Law 108-361 (the 
Calfed Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 
2860; 128 Stat. 164; 128 Stat. 2312) (as amended by section 207 
of Public Law 114-113) is amended by striking ``2017'' each 
place it appears and inserting ``2019''.

 * * * * * * *

SEC. 4013. DURATION.

 This subtitle shall expire on the date that is 5 years after 
the date of its enactment, with the exception of--
 (1) section 4004, which shall expire [10 years after 
 the date of its enactment] on December 16, 2034; and
 (2) projects under construction in sections 4007, 
 4009(a), and 4009(c) on or before December 16, 2026.

 * * * * * * *

 ---------- 

 NATURAL GAS ACT

 * * * * * * *
 exportation or importation of natural gas; lng terminals

 Sec. 3. [(a) After six months from the date on which this act 
takes effect no person shall export any natural gas from the 
United States to a foreign country or import any natural gas 
from a foreign country without first having secured an order of 
the Commission authorizing it to do so. The Commission shall 
issue such order upon application, unless, after opportunity 
for hearing, it finds that the proposed exportation or 
importation will not be consistent with the public interest. 
The Commission may by its order grant such application, in 
whole or in part, with such modification and upon such terms 
and conditions as the Commission may find necessary or 
appropriate, and may from time to time, after opportunity for 
hearing, and for good cause shown, make such supplemental order 
in the premises as it may find necessary or appropriate.
 [(b) With respect to natural gas which is imported into the 
United States from a nation with which there is in effect a 
free trade agreement requiring national treatment for trade in 
natural gas, and with respect to liquefied natural gas--
 [(1) the importation of such natural gas shall be 
 treated as a ``first sale'' within the meaning of 
 section 2(21) of the Natural Gas Policy Act of 1978; 
 and
 [(2) the Commission shall not, on the basis of 
 national origin, treat any such imported natural gas on 
 an unjust, unreasonable, unduly discriminatory, or 
 preferential basis.
 [(c) For purposes of subsection (a), the importation of the 
natural gas referred to in subsection (b), or the exportation 
of natural gas to a nation with which there is in effect a free 
trade agreement requiring national treatment for trade in 
natural gas, shall be deemed to be consistent with the public 
interest, and applications for such importation or exportation 
shall be granted without modification or delay.]
 [(e)] (a)[(1) The Commission shall have the exclusive 
authority to approve or deny an application for the siting, 
construction, expansion, or operation of an LNG terminal. 
Except as specifically provided in this Act, nothing in this 
Act is intended to affect otherwise applicable law related to 
any Federal agency's authorities or responsibilities related to 
LNG terminals.](1) The Federal Energy Regulatory Commission (in 
this subsection referred to as the ``Commission'' ) shall have 
the exclusive authority to approve or deny an application for 
authorization for the siting, construction, expansion, or 
operation of a facility to export natural gas from the United 
States to a foreign country or import natural gas from a 
foreign country, including an LNG terminal. In determining 
whether to approve or deny an application under this paragraph, 
the Commission shall deem the exportation or importation of 
natural gas to be consistent with the public interest. Except 
as specifically provided in this Act, nothing in this Act is 
intended to affect otherwise applicable law related to any 
Federal agency's authorities or responsibilities related to 
facilities to import or export natural gas, including LNG 
terminals.
 (2) Upon the filing of any application to site, construct, 
expand, or operate an LNG terminal, the Commission shall--
 (A) set the matter for hearing;
 (B) give reasonable notice of the hearing to all 
 interested persons, including the State commission of 
 the State in which the LNG terminal is located and, if 
 not the same, the Governor-appointed State agency 
 described in section 3A;
 (C) decide the matter in accordance with this 
 subsection; and
 (D) issue or deny the appropriate order accordingly.
 (3)(A) Except as provided in subparagraph (B), the Commission 
may approve an application described in paragraph (2), in whole 
or part, with such modifications and upon such terms and 
conditions as the Commission find necessary or appropriate.
 (B) Before January 1, 2015, the Commission shall not--
 (i) deny an application solely on the basis that the 
 applicant proposes to use the LNG terminal exclusively 
 or partially for gas that the applicant or an affiliate 
 of the applicant will supply to the facility; or
 (ii) condition an order on--
 (I) a requirement that the LNG terminal offer 
 service to customers other than the applicant, 
 or any affiliate of the applicant, securing the 
 order;
 (II) any regulation of the rates, charges, 
 terms, or conditions of service of the LNG 
 terminal; or
 (III) a requirement to file with the 
 Commission schedules or contracts related to 
 the rates, charges, terms, or conditions of 
 service of the LNG terminal.
 (C) Subparagraph (B) shall cease to have effect on January 1, 
2030.
 (4) An order issued for an LNG terminal that also offers 
service to customers on an open access basis shall not result 
in subsidization of expansion capacity by existing customers, 
degradation of service to existing customers, or undue 
discrimination against existing customers as to their terms or 
conditions of service at the facility, as all of those terms 
are defined by the Commission.
 [(f)] (b)(1) In this subsection, the term ``military 
installation''--
 (A) means a base, camp, post, range, station, yard, 
 center, or homeport facility for any ship or other 
 activity under the jurisdiction of the Department of 
 Defense, including any leased facility, that is located 
 within a State, the District of Columbia, or any 
 territory of the United States; and
 (B) does not include any facility used primarily for 
 civil works, rivers and harbors projects, or flood 
 control projects, as determined by the Secretary of 
 Defense.
 (2) The Commission shall enter into a memorandum of 
understanding with the Secretary of Defense for the purpose of 
ensuring that the Commission coordinate and consult with the 
Secretary of Defense on the siting, construction, expansion, or 
operation of liquefied natural gas facilities that may affect 
an active military installation.
 (3) The Commission shall obtain the concurrence of the 
Secretary of Defense before authorizing the siting, 
construction, expansion, or operation of liquefied natural gas 
facilities affecting the training or activities of an active 
military installation.
 [(d)] (c) Except as specifically provided in this Act, 
nothing in this Act affects the rights of States under--
 (1) the Coastal Zone Management Act of 1972 (16 
 U.S.C. 1451 et seq.);
 (2) the Clean Air Act (42 U.S.C. 7401 et seq.); or
 (3) the Federal Water Pollution Control Act (33 
 U.S.C. 1251 et seq.).
 (d)(1) Nothing in this Act limits the authority of 
 the President under the Constitution, the International 
 Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 
 the National Emergencies Act (50 U.S.C. 1601 et seq.), 
 part B of title II of the Energy Policy and 
 Conservation Act (42 U.S.C. 6271 et seq.), the Trading 
 With the Enemy Act (50 U.S.C. 4301 et seq.), or any 
 other provision of law that imposes sanctions on a 
 foreign person or foreign government (including any 
 provision of law that prohibits or restricts United 
 States persons from engaging in a transaction with a 
 sanctioned person or government), including a country 
 that is designated as a state sponsor of terrorism, to 
 prohibit imports or exports.
 (2) In this subsection, the term `state 
 sponsor of terrorism' means a country the 
 government of which the Secretary of State 
 determines has repeatedly provided support for 
 international terrorism pursuant to--
 (A) section 1754(c)(1)(A) of the Export Control 
 Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
 (B) section 620A of the Foreign Assistance Act of 
 1961 (22 U.S.C. 2371);
 (C) section 40 of the Arms Export Control Act (22 
 U.S.C. 2780); or
 (D) any other provision of law.

 * * * * * * *

 ---------- 

 PUBLIC LAW 117-169

 * * * * * * *
 TITLE V--COMMITTEE ON ENERGY AND NATURAL RESOURCES

Subtitle A--Energy

 * * * * * * *

 PART 4--DOE LOAN AND GRANT PROGRAMS

SEC. 50141. FUNDING FOR DEPARTMENT OF ENERGY LOAN PROGRAMS OFFICE.

 (a) Commitment Authority.--In addition to commitment 
authority otherwise available and previously provided, the 
Secretary may make commitments to guarantee loans for eligible 
projects under section 1703 of the Energy Policy Act of 2005 
(42 U.S.C. 16513), up to a total principal amount of 
[$40,000,000,000] $25,000,000,000, to remain available through 
September 30, 2026.
 (b) Appropriation.--In addition to amounts otherwise 
available and previously provided, there is appropriated to the 
Secretary for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $3,600,000,000, to remain 
available through September 30, 2026, for the costs of 
guarantees made under section 1703 of the Energy Policy Act of 
2005 (42 U.S.C. 16513), using the loan guarantee authority 
provided under subsection (a) of this section.
 (c) Administrative Expenses.--Of the amount made available 
under subsection (b), the Secretary shall reserve not more than 
3 percent for administrative expenses to carry out title XVII 
of the Energy Policy Act of 2005 and for carrying out section 
1702(h)(3) of such Act (42 U.S.C. 16512(h)(3)).
 (d) Limitations.--
 (1) Certification.--None of the amounts made 
 available under this section for loan guarantees shall 
 be available for any project unless the President has 
 certified in advance in writing that the loan guarantee 
 and the project comply with the provisions under this 
 section.
 (2) Denial of double benefit.--Except as provided in 
 paragraph (3), none of the amounts made available under 
 this section for loan guarantees shall be available for 
 commitments to guarantee loans for any projects under 
 which funds, personnel, or property (tangible or 
 intangible) of any Federal agency, instrumentality, 
 personnel, or affiliated entity are expected to be used 
 (directly or indirectly) through acquisitions, 
 contracts, demonstrations, exchanges, grants, 
 incentives, leases, procurements, sales, other 
 transaction authority, or other arrangements to support 
 the project or to obtain goods or services from the 
 project.
 (3) Exception.--Paragraph (2) shall not preclude the 
 use of the loan guarantee authority provided under this 
 section for commitments to guarantee loans for--
 (A) projects benefitting from otherwise 
 allowable Federal tax benefits;
 (B) projects benefitting from being located 
 on Federal land pursuant to a lease or right-
 of-way agreement for which all consideration 
 for all uses is--
 (i) paid exclusively in cash;
 (ii) deposited in the Treasury as 
 offsetting receipts; and
 (iii) equal to the fair market value;
 (C) projects benefitting from the Federal 
 insurance program under section 170 of the 
 Atomic Energy Act of 1954 (42 U.S.C. 2210); or
 (D) electric generation projects using 
 transmission facilities owned or operated by a 
 Federal Power Marketing Administration or the 
 Tennessee Valley Authority that have been 
 authorized, approved, and financed independent 
 of the project receiving the guarantee.
 (e) Guarantee.--Section 1701(4)(A) of the Energy Policy Act 
of 2005 (42 U.S.C. 16511(4)(A)) is amended by inserting ``, 
except that a loan guarantee may guarantee any debt obligation 
of a non-Federal borrower to any Eligible Lender (as defined in 
section 136 STAT. 2044 609.2 of title 10, Code of Federal 
Regulations)'' before the period at the end.
 (f) Source of Payments.--Section 1702(b) of the Energy Policy 
Act of 2005 (42 U.S.C. 16512(b)(2)) is amended by adding at the 
end the following:
 ``(3) Source of payments.--The source of a payment 
 received from a borrower under subparagraph (A) or (B) 
 of paragraph (2) may not be a loan or other debt 
 obligation that is made or guaranteed by the Federal 
 Government.''.

 * * * * * * *

SEC. 50144. ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.

 (a) Appropriation.--In addition to amounts otherwise 
available, there is appropriated to the Secretary for fiscal 
year 2022, out of any money in the Treasury not otherwise 
appropriated, $5,000,000,000, to remain available through 
September 30, 2026, to carry out activities under section 1706 
of the Energy Policy Act of 2005.
 (b) Commitment Authority.--The Secretary may make, through 
September 30, 2026, commitments to guarantee loans for projects 
under section 1706 of the Energy Policy Act of 2005 the total 
principal amount of which is not greater than 
[$250,000,000,000] $5,000,000,000, subject to the limitations 
that apply to loan guarantees under section 50141(d).
 (c) Energy Infrastructure Reinvestment Financing.--(Omitted--
Amends other Act)
 (d) Conforming Amendment.--Section 1702(o)(3) of the Energy 
Policy Act of 2005 (42 U.S.C. 16512(o)(3)) is amended by 
inserting ``and projects described in section 1706(a)'' before 
the period at the end.

 * * * * * * *

 ---------- 

 SECTION 1602 OF THE RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND 
 FACILITIES ACT

SEC. 1602. GENERAL AUTHORITY.

 (a) The Secretary of the Interior (hereafter ``Secretary''), 
acting pursuant to the Reclamation Act of 1902 (Act of June 17, 
1902, 32 Stat. 388) and Acts amendatory thereof and 
supplementary thereto (hereafter ``Federal reclamation laws''), 
is directed to undertake a program to investigate and identify 
opportunities for reclamation and reuse of municipal, 
industrial, domestic, and agricultural wastewater, and 
naturally impaired ground and surface waters, for the design 
and construction of demonstration and permanent facilities to 
reclaim and reuse wastewater, and to conduct research, 
including desalting, for the reclamation of wastewater and 
naturally impaired ground and surface waters.
 (b) Such program shall be limited to the States and areas 
referred to in section 1 of the Reclamation Act of 1902 (Act of 
June 17, 1902, 32 Stat. 388) as amended, and the State of 
Hawaii.
 (c) The Secretary is authorized to enter into such agreements 
and promulgate such regulations as may be necessary to carry 
out the purposes and provisions of this title.
 (d) The secretary shall not investigate, promote or 
implement, pursuant to this title, any project intended to 
reclaim and reuse agricultural wastewater generated in the 
service area of the San Luis Unit of the Central Valley 
Project, California, except those measures recommended for 
action by the San Joaquin Valley Drainage Program in the report 
entitled A Management Plan for Agricultural Subsurface Drainage 
and Related Problems on the Westside San Joaquin Valley 
(September 1990).
 (e) Authorization of New Water Recycling and Reuse 
Projects.--
 (1) Submission to the secretary.--
 (A) In general.--Non-Federal interests may 
 submit proposals for projects eligible to be 
 authorized pursuant to this section in the form 
 of completed feasibility studies to the 
 Secretary.
 (B) Eligible projects.--A project shall be 
 considered eligible for consideration under 
 this section if the project reclaims and 
 reuses--
 (i) municipal, industrial, domestic, 
 or agricultural wastewater; or
 (ii) impaired ground or surface 
 waters.
 (C) Guidelines.--Within 60 days of the 
 enactment of this Act the Secretary shall issue 
 guidelines for feasibility studies for water 
 recycling and reuse projects to provide 
 sufficient information for the formulation of 
 the studies.
 (2) Review by the secretary.--The Secretary shall 
 review each feasibility study received under paragraph 
 (1)(A) for the purpose of--
 (A) determining whether the study, and the 
 process under which the study was developed, 
 each comply with Federal laws and regulations 
 applicable to feasibility studies of water 
 recycling and reuse projects; and
 (B) the project is technically and 
 financially feasible and provides a Federal 
 benefit in accordance with the reclamation 
 laws.
 (3) Submission to congress.--Not later than 180 days 
 after the date of receipt of a feasibility study 
 received under paragraph (1)(A), the Secretary shall 
 submit to the Committee on Energy and Natural Resources 
 of the Senate and the Committee on Natural Resources of 
 the House of Representatives a report that describes--
 (A) the results of the Secretary's review of 
 the study under paragraph (2), including a 
 determination of whether the project is 
 feasible;
 (B) any recommendations the Secretary may 
 have concerning the plan or design of the 
 project; and
 (C) any conditions the Secretary may require 
 for construction of the project.
 (4) Eligibility for funding.--The non-Federal project 
 sponsor of any project determined by the Secretary to 
 be feasible under paragraph (3)(A) shall be eligible to 
 apply to the Secretary for funding for the Federal 
 share of the costs of planning, designing and 
 constructing the project pursuant to subsection (f).
 (f) Competitive Grant Program for the Funding of Water 
Recycling and Reuse Projects.--
 (1) Establishment.--The Secretary shall establish a 
 competitive grant program under which the non-Federal 
 project sponsor of any project determined by the 
 Secretary to be feasible under subsection (e)(3)(A) 
 shall be eligible to apply for funding for the 
 planning, design, and construction of the project, 
 subject to subsection (g)(2).
 (2) Priority.--When funding projects under paragraph 
 (1), the Secretary shall give funding priority to 
 projects that meet one or more of the criteria listed 
 in paragraph (3) and are located in an area that--
 (A) has been identified by the United States 
 Drought Monitor as experiencing severe, 
 extreme, or exceptional drought at any time in 
 the 4-year period before such funds are made 
 available; or
 (B) was designated as a disaster area by a 
 State during the 4-year period before such 
 funds are made available.
 (3) Criteria.--The project criteria referred to in 
 paragraph (2) are the following:
 (A) Projects that are likely to provide a 
 more reliable water supply for States and local 
 governments.
 (B) Projects that are likely to increase the 
 water management flexibility and reduce impacts 
 on environmental resources from projects 
 operated by Federal and State agencies.
 (C) Projects that are regional in nature.
 (D) Projects with multiple stakeholders.
 (E) Projects that provide multiple benefits, 
 including water supply reliability, eco-system 
 benefits, groundwater management and 
 enhancements, and water quality improvements.
 (g) Authorization of Appropriations.--
 (1) There is authorized to be appropriated to the 
 Secretary of the Interior an additional [$50,000,000] 
 $167,500,000 to remain available until expended.
 (2) Projects can only receive funding if enacted 
 appropriations legislation designates funding to them 
 by name, after the Secretary recommends specific 
 projects for funding pursuant to subsection (f) and 
 transmits such recommendations to the appropriate 
 committees of Congress.
 ---------- 

 SECTION 4 OF THE WATER DESALINATION ACT OF 1996

SEC. 4. DESALINATION DEMONSTRATION AND DEVELOPMENT.

 (a) In General.--In order to further demonstrate the 
feasibility of desalination processes investigated either 
independently or in research conducted pursuant to section 3, 
the Secretary shall administer and conduct a demonstration and 
development program for water desalination and related 
activities, including the following:
 (1) Desalination plants and modules.--Conduct or 
 contract for technical work, including the design, 
 construction, and testing of plants and modules to 
 develop desalination processes and concepts, including 
 modules specifically designed for brine management.
 (2) Projects.--
 (A) In general.--Subject to the requirements 
 of this subsection, the Secretary of the 
 Interior may participate in an eligible 
 desalination project in an amount equal to not 
 more than 25 percent of the total cost of the 
 eligible desalination project.
 (B) Eligible desalination project.--The term 
 ``eligible desalination project'' means any 
 project in a Reclamation State, that--
 (i) involves an ocean or brackish 
 water desalination facility either 
 constructed, operated and maintained; 
 or sponsored by any State, department 
 of a State, subdivision of a State or 
 public agency organized pursuant to a 
 State law; and
 (ii) provides a Federal benefit in 
 accordance with the reclamation laws 
 (including regulations).
 (C) State role.--Participation by the 
 Secretary of the Interior in an eligible 
 desalination project under this subsection 
 shall not occur unless--
 (i) the project is included in a 
 state-approved plan or federal 
 participation has been requested by the 
 Governor of the State in which the 
 eligible desalination project is 
 located; and
 (ii) the State or local sponsor 
 determines, and the Secretary of the 
 Interior concurs, that--
 (I) the eligible desalination 
 project is technically and 
 financially feasible and 
 provides a Federal benefit in 
 accordance with the reclamation 
 laws;
 (II) sufficient non-Federal 
 funding is available to 
 complete the eligible 
 desalination project; and
 (III) the eligible 
 desalination project sponsors 
 are financially solvent; and
 (iii) the Secretary of the Interior 
 submits to Congress a written 
 notification of these determinations 
 within 30 days of making such 
 determinations.
 (D) Environmental laws.--When participating 
 in an eligible desalination project under this 
 subsection, the Secretary shall comply with all 
 applicable environmental laws, including the 
 National Environmental Policy Act of 1969 (42 
 U.S.C. 4321 et seq.).
 (E) Information.--When participating in an 
 eligible desalination project under this 
 subsection, the Secretary of the Interior--
 (i) 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
 (ii) shall retain responsibility for 
 making the independent determinations 
 described in subparagraph (C).
 (F) Authorization of appropriations.--
 (i) [$30,000,000] $100,500,000 of 
 funding is authorized to remain 
 available until expended; and
 (ii) Projects can only receive 
 funding if enacted appropriations 
 legislation designates funding to them 
 by name, after the Secretary recommends 
 specific projects for funding pursuant 
 to this subsection and transmits such 
 recommendations to the appropriate 
 committees of Congress.
 (3) Byproducts.--Study methods for the marketing of 
 byproducts resulting from the desalting of water to 
 offset the costs of treatment and to reduce 
 environmental impacts of those byproducts.
 (4) Economic surveys.--Conduct economic studies and 
 surveys to determine present and prospective costs of 
 producing water for beneficial purposes in various 
 locations by desalination processes compared to other 
 methods.
 (b) Cooperative Agreements.--Federal participation in 
desalination activities may be conducted through cooperative 
agreements, including cost-sharing agreements, with non-Federal 
public utilities and State and local governmental agencies and 
other entities, in order to develop recommendations for Federal 
participation in processes and plants utilizing desalting 
technologies for the production of water.
 (c) Prioritization.--In carrying out demonstration and 
development activities under this section, the Secretary shall 
prioritize projects--
 (1) for the benefit of drought-stricken States and 
 communities;
 (2) for the benefit of States that have authorized 
 funding for research and development of desalination 
 technologies and projects;
 (3) that can reduce 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.); and
 (4) that demonstrably leverage the experience of 
 international partners with considerable expertise in 
 desalination, such as the State of Israel.
 (d) Water Production.--The Secretary shall provide, as part 
of the annual budget submission to Congress, an estimate of how 
much water has been produced and delivered in the past fiscal 
year using processes and facilities developed or demonstrated 
using assistance provided under sections 3 and 4. This 
submission shall include, to the extent practicable, available 
information on a detailed water accounting by process and 
facility and the cost per acre foot of water produced and 
delivered.

 Appropriations Not Authorized by Law

 Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of 
the House of Representatives, the following table lists the 
appropriations in the accompanying bill which are not 
authorized by law for the period concerned:

 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

 Rescissions

 Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the rescissions recommended in the accompanying 
bill:

------------------------------------------------------------------------
 Department or Activity Amount
------------------------------------------------------------------------
Construction, Rehabilitation, Operation and $17,000
 Maintenance, Western Area Power Administration......
------------------------------------------------------------------------

 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
 
 Committee Hearings

 For the purposes of cl. 3(c)(6) of rule XIII of the Rules 
of the House of Representatives, the following hearings were 
used to develop or consider the Energy and Water Development 
and Related Agencies Appropriations Act, 2025:
 The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on March 20, 2024, 
entitled ``FY 2025 Budget Request for the Department of 
Energy.'' The Subcommittee received testimony from:
 The Honorable Jennifer M. Granholm, Secretary, U.S. 
 Department of Energy
 The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on April 17, 2024, 
entitled ``FY 2025 Budget Request for the U.S. Army Corps of 
Engineers and Bureau of Reclamation.'' The Subcommittee 
received testimony from:
 The Honorable Michael L. Connor, Assistant Secretary 
 of the Army for Civil Works
 Lieutenant General Scott A. Spellmon, Chief of 
 Engineers and Commanding General, U.S. Army Corps of 
 Engineers
 The Honorable Camille Calimlim Touton, Commissioner, 
 Bureau of Reclamation
 Mr. Michael Brain, Principal Deputy Assistant 
 Secretary for Water and Science
 The Subcommittee on Energy and Water Development and 
Related Agencies held a Member Day Hearing on April 10, 2024. 
The Subcommittee received testimony from:
 The Honorable James Moylan, Member of Congress
 The Honorable Greg Stanton, Member of Congress
 The Honorable Dina Titus, Member of Congress
 The Honorable Jim Costa, Member of Congress
 The Honorable John Garamendi, Member of Congress
 The Honorable Kevin Mullin, Member of Congress
 The Honorable Juan Ciscomani, Member of Congress
 The Honorable Sylvia Garcia, Member of Congress
 The Subcommittee on Energy and Water Development and 
Related Agencies received written testimony from public 
witnesses. The Subcommittee received testimony from:
 Jack Waldorf, Executive Director, Western Governors' 
 Association
 Don A. Barnett, Executive Director, Colorado River 
 Basin Salinity Control Forum
 Shannon Angielski, President, Clean Hydrogen Future 
 Coalition
 Sapna Gheewala Dowla, Associate VP Policy & Research, 
 Alliance to Save Energy
 Alexander Ratner, Federal Policy Manager, American 
 Council for an Energy-Efficient Economy
 Craig H. Piercy, Executive Director/CEO, American 
 Nuclear Society
 Amalia Corby, Federal Affairs Director, American 
 Society for Microbiology
 Crispin Taylor, CEO of the American Society of Plant 
 Biologists
 Michael J. Johnson, Advocacy Associate, Appliance 
 Standards Awareness Project
 Lisa Jacobson, President, Business Council for 
 Sustainable Energy
 Christopher S. Harris, Executive Director, Colorado 
 River Board of California
 Corinne Sama, Chairman, Columbia River Inter-Tribal 
 Fish Commission
 Earl Jackson, Deputy Manager/ Chief Financial 
 Officer, Department of Transportation and 
 Infrastructure
 Ewelina Czapla, Director of Energy Policy, Digital 
 Power Network
 Pat Stanton, Executive Director, E4TheFuture
 Steve Skodak, CEO, Building Performance Association
 Larry Zarker, CEO, Building Performance Institute
 Genevieve Cullen, President, Electric Drive 
 Transportation Association
 Dane Farrell, Director of Government Affairs, Federal 
 Performance Contracting Coalition
 Ellen Kuo, Associate Director Legislative Affairs, 
 Federation of American Societies for Experimental 
 Biology
 Trevor Baggiore, Water quality Division Director, 
 Arizona Department of Environmental Quality
 Sean Bradshaw, Chairman, Gas Turbine Association
 Anatha Krishnan, Senior Vice President, General 
 Atomics Energy Group
 Colden Franklin, Government Affairs Director, Heat is 
 Power Association
 Linda Ciocci, Executive Director, Hydropower 
 Foundation
 Laura Kroeger, Executive Director, Mile High Flood 
 District
 Ron Blacksmith, Core System Manager, Oglala Sioux 
 Rural Water Supply System
 Chuck Jacobs, Distribution System Director, Oglala 
 Sioux Rural Water Supply System
 Young Colombe, Manager, Rosebud Sioux Rural Water 
 System
 Jim McCauley, Manager, Lower Brule Sioux Rural Water 
 System
 Rolland P. Johnson, President, Muons Inc.
 David Terry, President, NASEO
 Mike A. Hamman, P.E. New Mexico State Engineer, State 
 of New Mexico Office of the State Engineer
 Nez Perce Tribe
 Maria Korsnick, President and CEO, Nuclear Energy 
 Institute
 Katrina McMurrian, Executive Director, Nuclear Waste 
 Strategy Coalition
 Dr. Sven Leyffer, President, SIAM
 Dr. Alejandro Aceves, Vice President for Science 
 Policy, SIAM
 Dr. Suzanne L. Weekes, Executive Director, SIAM
 Malcolm Woolf, President and CEO, Nuclear Energy 
 Institute
 Jimmy Hague, Senior Water Policy Advisor, The Nature 
 Conservancy
 Greg Fogel, Director of Government Affairs and 
 Policy, WateReuse Association

 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

Source: H. Rept. 118-580 · govinfo

Action History

  1. POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced further proceedings on H.R. 8997 would be postponed.

  2. The previous question was ordered pursuant to the rule.

  3. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 8997.

  4. The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  5. Considered as unfinished business. (consideration: CR H4785-4786)

  6. Committee of the Whole House on the state of the Union rises leaving H.R. 8997 as unfinished business.

  7. On motion that the committee rise Agreed to by voice vote.

  8. Mr. Fleischmann moved that the committee rise.

  9. POSTPONED PROCEEDINGS - At the conclusion of debate on the Van Drew amendment No. 64, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Van Drew demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  10. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Van Drew amendment No. 64.

  11. POSTPONED PROCEEDINGS - At the conclusion of debate on the Van Drew amendment No. 63, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Ms. Kaptur demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  12. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Van Drew amendment No. 63.

  13. POSTPONED PROCEEDINGS - At the conclusion of debate on the Van Drew amendment No. 62, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Van Drew demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  14. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Van Drew amendment No. 62.

  15. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Tenney amendment No. 61.

  16. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Tenney amendment No. 60.

  17. POSTPONED PROCEEDINGS - At the conclusion of debate on the Roy amendment No. 56, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Roy demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  18. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 56.

  19. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 55.

  20. POSTPONED PROCEEDINGS - At the conclusion of debate on the Roy amendment No. 54, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Roy demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  21. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 54.

  22. POSTPONED PROCEEDINGS - At the conclusion of debate on the Rosendale amendment No. 53, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Rosendale demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  23. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Rosendale amendment No. 53.

  24. POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No. 51, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Perry demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  25. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 51.

  26. POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No. 50, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Perry demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  27. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 50.

  28. POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No. 49, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Perry demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  29. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 49.

  30. POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No. 48, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Perry demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  31. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 48.

  32. POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No. 47, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Perry demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  33. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 47.

  34. POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No. 46, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Perry demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  35. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 46.

  36. POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No. 45, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Fleischmann demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  37. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 45.

  38. POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No. 44, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Ms. Kaptur demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  39. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 44.

  40. POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No. 43, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Ms. Kaptur demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  41. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 43.

  42. POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No. 42, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Fitzpatrick demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  43. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 42.

  44. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Ogles amendment No. 41.

  45. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Ogles amendment No. 40.

  46. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Ogles amendment No. 38.

  47. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Ogles amendment No. 37.

  48. POSTPONED PROCEEDINGS - At the conclusion of debate on the Ogles amendment No. 36, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Ms. Kaptur demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  49. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Ogles amendment No. 36.

  50. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Ogles amendment No. 35.

  51. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the McCormick amendment No. 25.

  52. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Luna amendment No. 23.

  53. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson (TX) amendment No. 20.

  54. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Houlahan amendment No. 19.

  55. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Hageman amendment No. 18.

  56. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Griffith amendment No. 17.

  57. DEBATE - Pursuant to the provisions of H. Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Beyer amendment No. 11.

  58. DEBATE - Pursuant to the provisions of H.Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Beyer amendment No. 10.

  59. DEBATE - Pursuant to the provisions of H.Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Flood amendment No. 9.

  60. DEBATE - Pursuant to the provisions of H.Res. 1370, the Committee of the Whole proceeded with 10 minutes of debate on the Brecheen amendment No. 4.

  61. DEBATE - Pursuant to the provisions of H.Res. 1370, the Committee of the Whole proceeded with 20 minutes of debate on the Fleischmann amendment en bloc.

  62. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 8997.

  63. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1370 and Rule XVIII.

  64. The Speaker designated the Honorable Brad R. Wenstrup to act as Chairman of the Committee.

  65. Rule provides for consideration of H.R. 8997 and H.R. 8998. The resolution provides for consideration of H.R. 8997 and H.R. 8998 under a structured rule with one hour of general debate and one motion to recommit on each bill.

  66. Considered under the provisions of rule H. Res. 1370. (consideration: CR H4743-4785; text of amendment in the nature of a substitute: CR H4747-4755)

  67. Rules Committee Resolution H. Res. 1370 Reported to House. Rule provides for consideration of H.R. 8997 and H.R. 8998. The resolution provides for consideration of H.R. 8997 and H.R. 8998 under a structured rule with one hour of general debate and one motion to recommit on each bill.

  68. Placed on the Union Calendar, Calendar No. 480.

  69. The House Committee on Appropriations reported an original measure, H. Rept. 118-580, by Mr. Fleischmann.

  70. Introduced in House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does HR 8997 do?
Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2025, and for other purposes.
Who sponsors HR 8997?
HR 8997 is sponsored by Fleischmann, Charles J. "Chuck" (Republican).
What is the current status of HR 8997?
This bill died with 118th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 8997?
Track HR 8997 free on One Click Politics — get push/email alerts when it moves.

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