Bills · S. 3732 · Text

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S. 3732: the bill

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3732 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 650
119th CONGRESS
  2d Session
                                S. 3732

 To amend the Water Infrastructure Improvements for the Nation Act to 
authorize assistance under the storage program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2026

 Mr. Gallego (for himself, Mr. Kelly, and Mr. Padilla) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                           September 17, 2026

                 Reported by Mr. Lee, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Water Infrastructure Improvements for the Nation Act to 
authorize assistance under the storage program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Water Security and Drought 
Resilience Act''.</DELETED>

<DELETED>SEC. 2. AUTHORIZATION TO PROVIDE ASSISTANCE FOR STORAGE 
              PROGRAM.</DELETED>

<DELETED>    Section 4007 of the Water Infrastructure Improvements for 
the Nation Act (43 U.S.C. 390b note; Public Law 114-322) is amended by 
striking subsection (d) and inserting the following:</DELETED>
<DELETED>    ``(d) Authority To Provide Assistance.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary of the Interior 
        may provide financial assistance under this subtitle to carry 
        out projects within any Reclamation State.</DELETED>
        <DELETED>    ``(2) Additional project.--Notwithstanding 
        subsection (i) or section 4013, any project for which a 
        feasibility study is authorized under subsection (a)(1)(B)(i) 
        of section 40902 of the Infrastructure Investment and Jobs Act 
        (43 U.S.C. 3202) shall, pursuant to the construction funding 
        requirements under subsection (a)(2) of that section, as 
        applicable, be eligible for funding under this 
        section.</DELETED>
        <DELETED>    ``(3) Distribution among multiple reclamation 
        states.--In providing financial assistance under this subtitle, 
        the Secretary of the Interior shall ensure that the financial 
        assistance is distributed among projects across multiple 
        Reclamation States.''.</DELETED>

<DELETED>SEC. 3. REAUTHORIZATION OF SMALL STORAGE PROGRAM.</DELETED>

<DELETED>    (a) Eligibility and Selection.--Section 40903(b) of the 
Infrastructure Investment and Jobs Act (43 U.S.C. 3203(b)) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (1), by striking subparagraph (B) 
        and inserting the following:</DELETED>
                <DELETED>    ``(B) Eligible projects.--A project shall 
                be considered eligible for consideration for a grant 
                under this section if the project--</DELETED>
                        <DELETED>    ``(i)(I) has water storage 
                        capacity of not less than 200 acre-feet and not 
                        more than 30,000 acre-feet; and</DELETED>
                        <DELETED>    ``(II)(aa) increases surface water 
                        or groundwater storage; or</DELETED>
                        <DELETED>    ``(bb) conveys water, directly or 
                        indirectly, to or from surface water or 
                        groundwater storage; or</DELETED>
                        <DELETED>    ``(ii)(I) has water storage 
                        capacity for recharges of not less than 200 
                        acre-feet and not more than 150,000 acre-feet 
                        on an average annual basis over the life of the 
                        project for storage or use; and</DELETED>
                        <DELETED>    ``(II)(aa) increases groundwater 
                        aquifer storage;</DELETED>
                        <DELETED>    ``(bb) conveys water, directly or 
                        indirectly, to, or recovers water from, 
                        groundwater storage;</DELETED>
                        <DELETED>    ``(cc) both increases groundwater 
                        aquifer storage and conveys water, directly or 
                        indirectly, to or recovers water from 
                        groundwater storage; and</DELETED>
                        <DELETED>    ``(dd) stabilizes groundwater 
                        levels.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(6) Distribution among multiple reclamation 
        states.--In awarding grants to projects under this section, the 
        Secretary shall ensure that grants are distributed across 
        multiple Reclamation States.''.</DELETED>
<DELETED>    (b) Termination of Authority.--Section 40903 of the 
Infrastructure Investment and Jobs Act (43 U.S.C. 3203) is amended--
</DELETED>
        <DELETED>    (1) by redesignating subsection (e) as subsection 
        (g); and</DELETED>
        <DELETED>    (2) in subsection (g) (as so redesignated), by 
        striking ``5'' and inserting ``10''.</DELETED>
<DELETED>    (c) Authorization of Appropriations; Effect.--Section 
40903 of the Infrastructure Investment and Jobs Act (43 U.S.C. 3203) is 
amended by inserting after subsection (d) the following:</DELETED>
<DELETED>    ``(e) Authorization of Appropriations.--There is 
authorized to be appropriated to the Secretary to carry out this 
section $20,000,000 for each of fiscal years 2027 through 
2033.</DELETED>
<DELETED>    ``(f) Effect.--Nothing in this section--</DELETED>
        <DELETED>    ``(1) supersedes or in any manner affects or 
        conflicts with State water law, Federal water law, interstate 
        compacts, or treaty obligations;</DELETED>
        <DELETED>    ``(2) authorizes any acquisition of water by the 
        Federal Government; or</DELETED>
        <DELETED>    ``(3) supersedes or infringes on any water 
        rights.''.</DELETED>

<DELETED>SEC. 4. NATURAL WATER RETENTION AND RELEASE PROJECT 
              GRANTS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Eligible entity.--The term ``eligible entity'' 
        means--</DELETED>
                <DELETED>    (A) a State, Indian Tribe, municipality, 
                irrigation district, water district, wastewater 
                district, or other organization with water or power 
                delivery authority;</DELETED>
                <DELETED>    (B) a State, regional, or local authority, 
                the members of which include 1 or more organizations 
                with water or power delivery authority; or</DELETED>
                <DELETED>    (C) a qualified partner.</DELETED>
        <DELETED>    (2) Natural water retention and release project.--
        The term ``natural water retention and release project'' means 
        a project that is designed and developed to increase water 
        availability for optimal management through aquifer recharge, 
        floodplain retention, the alteration of the timing of runoff to 
        allow increased utilization of existing storage facilities, or 
        another mechanism that--</DELETED>
                <DELETED>    (A) uses primarily natural materials 
                appropriate to the specific site and landscape 
                setting;</DELETED>
                <DELETED>    (B) substantially mimics natural riverine, 
                wetland, ecosystem, or hydrologic processes; 
                and</DELETED>
                <DELETED>    (C) may include multiple distributed 
                natural water retention and release projects across a 
                watershed.</DELETED>
        <DELETED>    (3) Qualified partner.--The term ``qualified 
        partner'' means a nonprofit organization operating in a 
        Reclamation State that is acting with the written support of an 
        eligible entity described in subparagraph (A) or (B) of 
        paragraph (1).</DELETED>
        <DELETED>    (4) Reclamation state.--The term ``Reclamation 
        State'' has the meaning given the term in section 4014 of the 
        Water Infrastructure Improvements for the Nation Act (43 U.S.C. 
        390b note; Public Law 114-322).</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Commissioner of 
        Reclamation.</DELETED>
<DELETED>    (b) Authorization for Grants.--The Secretary may award to 
an eligible entity a grant for a natural water retention and release 
project under this section, if--</DELETED>
        <DELETED>    (1) in the case of a natural water retention and 
        release project that costs not more than $20,000,000, the 
        eligible entity demonstrates that the natural water retention 
        and release project would help optimize the storage or delivery 
        of water in a watershed in which a Bureau of Reclamation 
        facility is located; and</DELETED>
        <DELETED>    (2) in the case of a natural water retention and 
        release project that costs more than $20,000,000--</DELETED>
                <DELETED>    (A) the requirements described in 
                paragraph (1) have been met with respect to the natural 
                water retention and release project; and</DELETED>
                <DELETED>    (B) the eligible entity determines, and 
                the Secretary concurs, that--</DELETED>
                        <DELETED>    (i) the natural water retention 
                        and release project would produce or allow 
                        additional retention or delivery of water in a 
                        watershed in which a Bureau of Reclamation 
                        facility is located; and</DELETED>
                        <DELETED>    (ii) there is a credible estimate 
                        of the quantity of the storage benefit of the 
                        natural water retention and release project 
                        during each of a wet year, a normal year, and a 
                        dry year.</DELETED>
<DELETED>    (c) Distribution Among Multiple Reclamation States.--In 
providing grants for natural water retention and release projects under 
this section, the Secretary shall ensure that grants are distributed 
across multiple Reclamation States.</DELETED>
<DELETED>    (d) Federal Cost-Share.--The Federal share of the cost of 
a natural water retention and release project provided a grant under 
this section shall not exceed 90 percent of the total cost of the 
natural water retention and release project.</DELETED>
<DELETED>    (e) Reimbursability.--Any Federal funds provided by the 
Secretary to an eligible entity under this section shall be considered 
nonreimbursable to the United States.</DELETED>
<DELETED>    (f) Authorization of Appropriations.--There is authorized 
to be appropriated to the Secretary to carry out this section 
$15,000,000 for each of fiscal years 2027 through 2031.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Security and Drought 
Resilience Act''.

SEC. 2. AUTHORIZATION TO PROVIDE ASSISTANCE FOR STORAGE PROGRAM.

    Section 4007 of the Water Infrastructure Improvements for the 
Nation Act (43 U.S.C. 390b note; Public Law 114-322) is amended by 
striking subsection (d) and inserting the following:
    ``(d) Authority To Provide Assistance.--
            ``(1) In general.--The Secretary of the Interior may 
        provide financial assistance under this subtitle to carry out 
        projects within any Reclamation State.
            ``(2) Additional projects.--
                    ``(A) In general.--Notwithstanding subsection (i) 
                or section 4013, any project for which a feasibility 
                study is authorized under subsection (a)(1)(B)(i) of 
                section 40902 of the Infrastructure Investment and Jobs 
                Act (43 U.S.C. 3202) shall, pursuant to the 
                construction funding requirements under subsection 
                (a)(2) of that section, as applicable, be eligible for 
                funding under this section.
                    ``(B) Federally owned storage projects and state-
                led storage projects.--The Secretary of the Interior 
                may conduct or participate in 1 or more feasibility 
                studies of federally owned storage projects or State-
                led storage projects.
            ``(3) Distribution among multiple reclamation states.--In 
        providing financial assistance under this subtitle, the 
        Secretary of the Interior shall ensure that the financial 
        assistance is distributed among projects across multiple 
        Reclamation States.''.

SEC. 3. REAUTHORIZATION OF SMALL STORAGE PROGRAM.

    (a) Eligibility and Selection.--Section 40903(b) of the 
Infrastructure Investment and Jobs Act (43 U.S.C. 3203(b)) is amended--
            (1) in paragraph (1), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) Eligible projects.--A project shall be 
                considered eligible for consideration for a grant under 
                this section if the project--
                            ``(i)(I) has water storage capacity of not 
                        less than 200 acre-feet and not more than 
                        30,000 acre-feet; and
                            ``(II)(aa) increases surface water or 
                        groundwater storage; or
                            ``(bb) conveys water, directly or 
                        indirectly, to or from surface water or 
                        groundwater storage; or
                            ``(ii)(I) has water storage capacity for 
                        recharges of not less than 200 acre-feet and 
                        not more than 150,000 acre-feet on an average 
                        annual basis over the life of the project for 
                        storage or use; and
                            ``(II)(aa) increases groundwater aquifer 
                        storage;
                            ``(bb) conveys water, directly or 
                        indirectly, to, or recovers water from, 
                        groundwater storage;
                            ``(cc) both increases groundwater aquifer 
                        storage and conveys water, directly or 
                        indirectly, to or recovers water from 
                        groundwater storage; and
                            ``(dd) stabilizes groundwater levels.''; 
                        and
            (2) by adding at the end the following:
            ``(6) Distribution among multiple reclamation states.--In 
        awarding grants to projects under this section, the Secretary 
        shall ensure that grants are distributed across multiple 
        Reclamation States.''.
    (b) Termination of Authority.--Section 40903(e) of the 
Infrastructure Investment and Jobs Act (43 U.S.C. 3203(e)) is amended 
by striking ``5'' and inserting ``10''.
    (c) Effect.--Section 40903 of the Infrastructure Investment and 
Jobs Act (43 U.S.C. 3203) is amended by adding at the end the 
following:
    ``(f) Effect.--Nothing in this section--
            ``(1) supersedes or in any manner affects or conflicts with 
        State water law, Federal water law, interstate compacts, or 
        treaty obligations;
            ``(2) authorizes any acquisition of water by the Federal 
        Government; or
            ``(3) supersedes or infringes on any water rights.''.

SEC. 4. NATURAL WATER RETENTION AND RELEASE PROJECT GRANTS.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, Indian Tribe, municipality, irrigation 
                district, water district, wastewater district, or other 
                organization with water or power delivery authority;
                    (B) a State, regional, or local authority, the 
                members of which include 1 or more organizations with 
                water or power delivery authority; or
                    (C) a qualified partner.
            (2) Natural water retention and release project.--The term 
        ``natural water retention and release project'' means a project 
        that is designed and developed to increase water availability 
        for optimal management through aquifer recharge, floodplain 
        retention, the alteration of the timing of runoff to allow 
        increased utilization of existing storage facilities, or 
        another mechanism that--
                    (A) uses primarily natural materials appropriate to 
                the specific site and landscape setting;
                    (B) substantially mimics natural riverine, wetland, 
                ecosystem, or hydrologic processes; and
                    (C) may include multiple distributed natural water 
                retention and release projects across a watershed.
            (3) Qualified partner.--The term ``qualified partner'' 
        means a nonprofit organization operating in a Reclamation State 
        that is acting with the written support of an eligible entity 
        described in subparagraph (A) or (B) of paragraph (1).
            (4) Reclamation state.--The term ``Reclamation State'' has 
        the meaning given the term in section 4014 of the Water 
        Infrastructure Improvements for the Nation Act (43 U.S.C. 390b 
        note; Public Law 114-322).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
    (b) Authorization for Grants.--The Secretary may award to an 
eligible entity a grant for a natural water retention and release 
project under this section, if--
            (1) in the case of a natural water retention and release 
        project that costs not more than $20,000,000, the eligible 
        entity demonstrates that the natural water retention and 
        release project would help optimize the storage or delivery of 
        water in a watershed in which a Bureau of Reclamation facility 
        is located; and
            (2) in the case of a natural water retention and release 
        project that costs more than $20,000,000--
                    (A) the requirements described in paragraph (1) 
                have been met with respect to the natural water 
                retention and release project; and
                    (B) the Secretary makes an independent 
                determination that--
                            (i) the natural water retention and release 
                        project would produce or allow additional 
                        retention or delivery of water in a watershed 
                        in which a Bureau of Reclamation facility is 
                        located; and
                            (ii) there is a credible estimate of the 
                        quantity of the storage benefit of the natural 
                        water retention and release project during each 
                        of a wet year, a normal year, and a dry year.
    (c) Distribution Among Multiple Reclamation States.--In providing 
grants for natural water retention and release projects under this 
section, the Secretary shall ensure that grants are distributed across 
multiple Reclamation States.
    (d) Federal Cost-Share.--The Federal share of the cost of a natural 
water retention and release project provided a grant under this section 
shall not exceed 50 percent of the total cost of the natural water 
retention and release project.
    (e) Reimbursability.--Any Federal funds provided by the Secretary 
to an eligible entity under this section shall be considered 
nonreimbursable to the United States.
                                                       Calendar No. 650

119th CONGRESS

  2d Session

                                S. 3732

_______________________________________________________________________

                                 A BILL

 To amend the Water Infrastructure Improvements for the Nation Act to 
authorize assistance under the storage program, and for other purposes.

_______________________________________________________________________

                           September 17, 2026

                       Reported with an amendment
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