Bills · S. 3738 · Text
Reported to Senate
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3738 Reported in Senate (RS)]
<DOC>
Calendar No. 652
119th CONGRESS
2d Session
S. 3738
To amend the Infrastructure Investment and Jobs Act to reauthorize the
large-scale water recycling and reuse program, to establish a Water
Conveyance Improvement Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 29, 2026
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 Infrastructure Investment and Jobs Act to reauthorize the
large-scale water recycling and reuse program, to establish a Water
Conveyance Improvement 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 ``Making Our communities
Resilient through Enhancing Water for Agriculture, Technology, the
Environment, and Residences Act'' or the ``MORE WATER Act''.</DELETED>
<DELETED>SEC. 2. REAUTHORIZATION OF LARGE-SCALE WATER RECYCLING AND
REUSE PROGRAM.</DELETED>
<DELETED> Section 40905 of the Infrastructure Investment and Jobs
Act (43 U.S.C. 3205) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by redesignating paragraphs (1)
through (4) as paragraphs (2) through (5),
respectively; and</DELETED>
<DELETED> (B) by inserting before paragraph (2) (as
so redesignated) the following:</DELETED>
<DELETED> ``(1) Construction.--The term `construction' has
the meaning given the term in subsection (f) of section 4011 of
the Water Infrastructure Improvements for the Nation Act
(Public Law 114-322; 130 Stat. 1881), except that any reference
in paragraph (2) of that subsection to `storage' shall be
deemed to be a reference to `infrastructure'.'';</DELETED>
<DELETED> (2) by striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(b) Establishment.--The Secretary shall establish a
program to provide grants to eligible entities on a competitive basis
for the development of feasibility studies, planning, design, and
construction of large-scale water recycling and reuse projects that
provide substantial water supply and other benefits to the Reclamation
States in accordance with this section.'';</DELETED>
<DELETED> (3) in subsection (d)(4), by striking ``30'' and
inserting ``60'';</DELETED>
<DELETED> (4) in subsection (k)--</DELETED>
<DELETED> (A) by striking ``The authority'' and
inserting the following:</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), the authority'';</DELETED>
<DELETED> (B) in paragraph (1) (as so designated),
by striking ``5'' and inserting ``10''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(2) Exception.--Paragraph (1) shall not apply to
an eligible project that is under construction as of the
termination date described in that paragraph.''; and</DELETED>
<DELETED> (5) by adding at the end the following:</DELETED>
<DELETED> ``(l) Authorization of Appropriations.--There is
authorized to be appropriated to the Secretary to provide grants for
eligible projects and otherwise carry out this section $450,000,000 for
the period of fiscal years 2028 through 2032.''.</DELETED>
<DELETED>SEC. 3. WATER CONVEYANCE IMPROVEMENT PROGRAM.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Conveyance project.--The term ``conveyance
project'' means a project for the undertaking of a new or
improved water conveyance facility, or the restoration of the
capacity of an existing water conveyance facility, that is
located in a Reclamation State.</DELETED>
<DELETED> (2) Eligible entity.--The term ``eligible entity''
means--</DELETED>
<DELETED> (A) a State, Indian Tribe, municipality,
irrigation district, water district, wastewater
district, or any State or regional organization with
statutory water or power delivery authority;</DELETED>
<DELETED> (B) a State, regional, or local authority,
the members of which include 1 or more organizations
that--</DELETED>
<DELETED> (i) have water or power delivery
authority; or</DELETED>
<DELETED> (ii) are responsible for operating
conveyance facilities as a transferred works
under the reclamation laws and Bureau of
Reclamation policy;</DELETED>
<DELETED> (C) an agency established under State law
for the joint exercise of powers; and</DELETED>
<DELETED> (D) any combination of entities described
in subparagraphs (A) through (C).</DELETED>
<DELETED> (3) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term ``Indian tribe'' in section 102 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5130).</DELETED>
<DELETED> (4) Low-income community.--The term ``low-income
community'' has the meaning given the term in section 45D(e) of
the Internal Code of 1986 (including any regulations issued
under that section), including Tribal communities.</DELETED>
<DELETED> (5) Multi-benefit project.--The term ``multi-
benefit project'' means a conveyance project that provides in
the region of the conveyance project benefits that include not
fewer than 1 of the following quantified, significant
benefits:</DELETED>
<DELETED> (A) Safe drinking water benefits for low-
income communities.</DELETED>
<DELETED> (B) Environmental benefits.</DELETED>
<DELETED> (6) Program.--The term ``Program'' means the Water
Conveyance Improvement Program established under subsection
(b).</DELETED>
<DELETED> (7) Project proponent.--The term ``project
proponent'' means an eligible entity that--</DELETED>
<DELETED> (A) plans and develops a non-Federal
conveyance project; or</DELETED>
<DELETED> (B) operates an existing Reclamation
project that is a transferred works.</DELETED>
<DELETED> (8) Project sponsor.--The term ``project sponsor''
means an eligible entity that contributes to the non-Federal
share of a conveyance project.</DELETED>
<DELETED> (9) Reclamation project.--The term ``Reclamation
project'' means a Bureau of Reclamation project that is owned
by the United States.</DELETED>
<DELETED> (10) Reclamation state.--The term ``Reclamation
State'' means a State or territory described in the first
section of the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat.
388, chapter 1093).</DELETED>
<DELETED> (11) Safe drinking water.--The term ``safe
drinking water'' means water that meets all applicable Federal
and State primary and secondary drinking water
standards.</DELETED>
<DELETED> (12) Secretary.--The term ``Secretary'' means the
Secretary of the Interior (acting through the Commissioner of
Reclamation).</DELETED>
<DELETED> (13) Stakeholder.--The term ``stakeholder''
means--</DELETED>
<DELETED> (A) with respect to safe drinking water
benefits for low-income communities--</DELETED>
<DELETED> (i)(I) an elected executive
official with applicable authority or
legislative body representing a low-income
community (or a delegate); and</DELETED>
<DELETED> (II) any agency exercising primary
enforcement responsibility for public water
systems in the State in which the applicable
project is located;</DELETED>
<DELETED> (ii) an Indian Tribe receiving
safe drinking water benefits; or</DELETED>
<DELETED> (iii) a nonprofit organization
described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation
under section 501(a) of that Code with--
</DELETED>
<DELETED> (I) a demonstrated track
record of supporting improved access to
safe drinking water for low-income
communities in the region of the
applicable project; and</DELETED>
<DELETED> (II) no financial conflict
of interest with the project proponent
or any project sponsor, except that
other instances of partnership on
similar projects shall not be
considered a financial conflict of
interest for purposes of this
subclause; and</DELETED>
<DELETED> (B) with respect to environmental
benefits--</DELETED>
<DELETED> (i) a nonprofit organization
described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation
under section 501(a) of that Code with--
</DELETED>
<DELETED> (I) a demonstrated track
record of supporting environmental
restoration in the region of the
applicable project, including species
or species habitat; and</DELETED>
<DELETED> (II) no financial conflict
of interest with the project proponent
or any project sponsor, except that
other instances of partnership on
similar projects shall not be
considered a financial conflict of
interest for purposes of this
subclause; or</DELETED>
<DELETED> (ii) an Indian Tribe, if the
project is within the current or former
reservation or aboriginal territory of the
Indian Tribe.</DELETED>
<DELETED> (14) Water supply benefit.--The term ``water
supply benefit'' means--</DELETED>
<DELETED> (A) an irrigation benefit;</DELETED>
<DELETED> (B) a general drinking water benefit;
and</DELETED>
<DELETED> (C) operational flexibility that allows
the Bureau of Reclamation to provide multiple benefits,
including any of the benefits described in
subparagraphs (A) and (B).</DELETED>
<DELETED> (b) Establishment of Program.--The Secretary shall
establish within the Bureau of Reclamation a Water Conveyance
Improvement Program to provide authority to participate in, and provide
grants to, conveyance projects.</DELETED>
<DELETED> (c) Reclamation-Led Conveyance Projects.--</DELETED>
<DELETED> (1) In general.--On the request of any State,
department, agency, or subdivision of a State, or any public
agency organized pursuant to State law, the Secretary may
provide a grant to, and enter into an agreement on behalf of
the United States for the design, study, and construction of, a
conveyance project as part of a new Reclamation project, a new
division of a Reclamation project, a new supplemental works on
a Reclamation project, or the restoration or improvement of the
capacity of an existing Reclamation project, in accordance with
this subsection.</DELETED>
<DELETED> (2) Project commencement.--The construction of a
conveyance project that is the subject of an agreement under
this subsection shall not commence until the date on which the
Secretary--</DELETED>
<DELETED> (A) determines that the conveyance project
is feasible in accordance with the reclamation laws;
and</DELETED>
<DELETED> (B) secures an agreement providing the
funding necessary to pay the non-Federal share of the
costs of the conveyance project in accordance with
subsection (e).</DELETED>
<DELETED> (3) Feasibility determination.--In determining
feasibility under paragraph (2)(A), the Secretary shall review
and approve a feasibility analysis provided by a project
sponsor if the Secretary determines that the analysis meets
Bureau of Reclamation policy relating to the preparation of a
feasibility study.</DELETED>
<DELETED> (d) Non-Federal Conveyance Projects.--</DELETED>
<DELETED> (1) Proposal.--</DELETED>
<DELETED> (A) In general.--A project proponent may
submit to the Secretary a proposal for the design,
study, and construction of a conveyance project to be
provided a grant under this section.</DELETED>
<DELETED> (B) Form.--The project proponent may
submit a proposal under subparagraph (A) in the form of
a completed feasibility study or any other means that
provide information to support a determination that the
conveyance project is eligible for a grant in
accordance with paragraph (2).</DELETED>
<DELETED> (2) Requirements.--The Secretary may provide to
the project proponent a grant for a conveyance project and
enter into an agreement on behalf of the United States with the
project proponent for the administration of the grant if--
</DELETED>
<DELETED> (A) the project proponent determines, and
the Secretary concurs, through the preparation of a
feasibility study that is streamlined to the maximum
extent practicable, that the conveyance project--
</DELETED>
<DELETED> (i) is technically and financially
feasible; and</DELETED>
<DELETED> (ii) is consistent with applicable
Federal and State law;</DELETED>
<DELETED> (B) the project proponent has sufficient
non-Federal funding available to complete the
conveyance project, as determined by the
Secretary;</DELETED>
<DELETED> (C) the project proponent is financially
solvent, as determined by the Secretary; and</DELETED>
<DELETED> (D) not later than 60 days after the date
on which the Secretary concurs with the determination
under subparagraph (A) with respect to the conveyance
project, the Secretary submits to Congress written
notice of the determination.</DELETED>
<DELETED> (e) Cost-Sharing Requirement.--</DELETED>
<DELETED> (1) In general.--The Federal share of a conveyance
project funded under this section shall not exceed 50 percent
of the total cost of studies, planning, design, and
construction of the conveyance project.</DELETED>
<DELETED> (2) Projects that are not multi-benefit.--The
Federal share of a conveyance project other than a multi-
benefit project funded under this section may be used--
</DELETED>
<DELETED> (A) solely for water supply benefits;
or</DELETED>
<DELETED> (B) on the approval by the Secretary and,
in the case of a non-Federal conveyance project or an
existing Reclamation project that is a transferred
works, at the request of the project proponent, for a
combination of--</DELETED>
<DELETED> (i) water supply
benefits;</DELETED>
<DELETED> (ii) safe drinking water benefits
for low-income communities;</DELETED>
<DELETED> (iii) environmental benefits;
or</DELETED>
<DELETED> (iv) other benefits in accordance
with the reclamation laws.</DELETED>
<DELETED> (3) Multi-benefit projects.--In the case of a
multi-benefit project funded under this section--</DELETED>
<DELETED> (A) the Federal share of not more than 30
percent of the costs of studies, planning, design, and
construction of the multi-benefit project may be used
for any of the benefits described in paragraph (2);
and</DELETED>
<DELETED> (B) an additional Federal share of not
more than 20 percent of the costs of studies, planning,
design, and construction of the multi-benefit project
may be used for--</DELETED>
<DELETED> (i) quantified, significant safe
drinking water benefits for low-income
communities in accordance with subsection
(f)(2)(A);</DELETED>
<DELETED> (ii) quantified, significant
environmental benefits described in subsection
(f)(3); or</DELETED>
<DELETED> (iii) a combination of the
benefits described in clauses (i) and
(ii).</DELETED>
<DELETED> (4) Agreement.--The project proponent or the
Secretary, in the case of any Reclamation-led conveyance
project that is a new project or involves a reserved works,
shall enter into an agreement with 1 or more applicable
stakeholders representing multi-benefit interests that
describes the benefits authorized under paragraph (3)(B)
proposed for the conveyance project.</DELETED>
<DELETED> (5) Form of non-federal share.--The non-Federal
share of the cost of a conveyance project funded under this
section may be in the form of--</DELETED>
<DELETED> (A) cash;</DELETED>
<DELETED> (B) in-kind contributions;</DELETED>
<DELETED> (C) reimbursable funding allocated
pursuant to any statutory authority, if the eligible
entity has entered into a repayment contract for the
funding;</DELETED>
<DELETED> (D) a loan under the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3901 et
seq.) or any other Federal loan program;</DELETED>
<DELETED> (E) amounts made available from a State
revolving fund pursuant to the rules of the applicable
State; or</DELETED>
<DELETED> (F) other non-Federal sources of funding,
including State funding.</DELETED>
<DELETED> (f) Special Provisions Applicable to Multi-Benefit
Projects.--</DELETED>
<DELETED> (1) Requirement.--</DELETED>
<DELETED> (A) In general.--A conveyance project with
a total cost of not less than $800,000,000 that is
funded under this section shall be a multi-benefit
project.</DELETED>
<DELETED> (B) Less than $800,000,000.--The Secretary
shall ensure that not less than 50 percent of
conveyance projects with a total cost of less than
$800,000,000 that are funded under this section shall
be multi-benefit projects.</DELETED>
<DELETED> (2) Description of safe drinking water benefits
for low-income communities.--</DELETED>
<DELETED> (A) In general.--The Federal funding for
quantified, significant safe drinking water benefits
for low-income communities referred to in subsection
(e)(3)(B)(i) may be provided--</DELETED>
<DELETED> (i) directly, by paying for a
sufficient proportion of the capacity of the
conveyance project (or, in the case of a
conveyance project restoring the original
capacity of a conveyance facility, paying for
sufficient water from the conveyance project)
and any additional infrastructure necessary to
deliver safe drinking water to a low-income
community or other resource or facility
accessible to the community;</DELETED>
<DELETED> (ii) indirectly, by--</DELETED>
<DELETED> (I) supporting a low-
income ratepayer assistance program for
a project sponsor, a member agency of a
project sponsor, or a drinking water
district in the region of the
conveyance project; or</DELETED>
<DELETED> (II) contributing to a
Federal or State program that assists
in delivering safe drinking water to
low-income communities;</DELETED>
<DELETED> (iii) indirectly, by paying for a
sufficient proportion of the project capacity
during high-flow periods to provide a specific
quantity of water (or, in the case of a
conveyance project restoring the original
capacity of a conveyance facility, paying for
sufficient water from the conveyance project),
with 1 of the project sponsors in return
delivering the same quantity of water to the
community through an exchange, banking water in
a groundwater basin during times of excess for
subsequent delivery to the low-income
community;</DELETED>
<DELETED> (iv) indirectly, by paying for
enhancement, repair, or upgrades to a Bureau of
Indian Affairs conveyance facility in the
region of the project;</DELETED>
<DELETED> (v) by any other direct or
indirect means to provide safe drinking water
to a low-income community; or</DELETED>
<DELETED> (vi) through a combination of the
methods authorized under clauses (i) through
(v).</DELETED>
<DELETED> (B) Delivery of water for drinking.--
Delivery of water for drinking purposes shall be
considered to be safe drinking water benefits for low-
income communities for purposes of this section if--
</DELETED>
<DELETED> (i) facilities exist to treat the
water that is to become safe drinking water;
or</DELETED>
<DELETED> (ii) the stakeholders representing
the applicable low-income communities agree
that there are viable plans and funding sources
(including Federal or State funding) to treat
the delivered water or exchanged water that is
to become safe drinking water.</DELETED>
<DELETED> (C) Inclusion.--Any benefits described in
subparagraph (A) that are safe drinking water benefits
for low-income ratepayers shall be considered to meet
the requirements for safe drinking water benefits for
low-income communities under this section.</DELETED>
<DELETED> (D) Effect.--Nothing in this section
requires a project proponent or project sponsor to pay
for treatment of water delivered to low-income
communities, other than low-income communities with
which the project proponent or the project sponsor has
an existing contractual relationship to deliver treated
water.</DELETED>
<DELETED> (3) Description of environmental benefits.--The
quantified, significant environmental benefits referred to in
subsection (e)(3)(B)(ii) include--</DELETED>
<DELETED> (A) benefits to a species listed as
threatened or endangered under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or other species
of concern affected by operation of Reclamation
projects or State or local water projects;</DELETED>
<DELETED> (B) additional flows to an inland water
body, including the Great Salt Lake, either directly or
indirectly through an exchange;</DELETED>
<DELETED> (C) benefits that improve aquatic or
terrestrial habitats in the region of the proposed
conveyance project;</DELETED>
<DELETED> (D) contributions to a Federal or State
program that provides environmental benefits in the
region of the project;</DELETED>
<DELETED> (E) delivery of additional water to
wildlife refuges, either directly or indirectly through
an exchange; or</DELETED>
<DELETED> (F) strategically designed actions that
simultaneously achieve environmental and other
benefits, such as habitat restoration or efforts to
recover species that--</DELETED>
<DELETED> (i) improve the operation of the
conveyance project; or</DELETED>
<DELETED> (ii) have water supply or flood
protection benefits.</DELETED>
<DELETED> (4) Types of projects.--Of the multi-benefit
projects funded under this section, the Secretary shall ensure
that, to the maximum extent practicable--</DELETED>
<DELETED> (A) 50 percent provide at least some
environmental benefits (or a combination of
environmental benefits and safe drinking water benefits
for low-income communities); and</DELETED>
<DELETED> (B) 50 percent provide at least some safe
drinking water benefits for low-income communities (or
a combination of safe drinking water benefits for low-
income communities and environmental
benefits).</DELETED>
<DELETED> (5) Phased funding of multi-benefit projects.--
</DELETED>
<DELETED> (A) In general.--During the first 2 years
in which a multi-benefit project is being constructed,
the applicable project sponsor may apply for and
receive Federal funds for construction costs authorized
under subsection (e)(3)(A), subject to subparagraph
(C).</DELETED>
<DELETED> (B) Design.--Subject to the provisions of
this paragraph, to the maximum extent practicable, the
project proponent shall seek to integrate environmental
benefits and safe drinking water benefits for low-
income communities into the design of the applicable
multi-benefit project.</DELETED>
<DELETED> (C) Requirement.--To be eligible for
Federal funds under subparagraph (A), the applicable
project proponent shall--</DELETED>
<DELETED> (i) commit to include safe
drinking water benefits for low-income
communities or environmental benefits in the
multi-benefit project on the date on which
Federal funds are provided under that
subparagraph;</DELETED>
<DELETED> (ii) demonstrate that the project
sponsor is in negotiations to add multi-benefit
project elements with stakeholders representing
the environment or safe drinking water for low-
income communities; and</DELETED>
<DELETED> (iii) not later than 2 years after
the date on which the project sponsor first
receives construction funding for the project
under subsection (e)(3)(A), submit a proposal
for additional funding under subsection
(e)(3)(B) that is consistent with the
applicable agreement entered into under
subsection (e)(4).</DELETED>
<DELETED> (D) Required ratio.--</DELETED>
<DELETED> (i) In general.--Subject to
clauses (ii) and (iii), on submission of a
proposal for additional funding under
subparagraph (C)(iii), for any subsequent 5-
year period for which Federal funds are made
available for the applicable multi-benefit
project under this section--</DELETED>
<DELETED> (I) 60 percent shall be
made available for costs relating to
the benefits referred to in subsection
(e)(3)(A); and</DELETED>
<DELETED> (II) 40 percent shall be
made available for costs relating to
environmental benefits or safe drinking
water benefits for low-income
communities in accordance with this
subsection.</DELETED>
<DELETED> (ii) Modification.--
Notwithstanding clause (i), the project
proponent or the Secretary, in the case of any
Reclamation-led conveyance project that is a
new project or involves a reserved works, and
any stakeholders representing multi-benefit
interests subject to an agreement referred to
in subsection (e)(4) may by mutual agreement
modify the ratio of funding for different
components of the conveyance project
established under clause (i) for funding over
the specified 5-year period.</DELETED>
<DELETED> (iii) Allocation of total
funding.--The Secretary shall ensure that the
total allocation of funding for a multi-benefit
project shall reflect the ratio of funding
established under clause (i).</DELETED>
<DELETED> (g) Criteria for Selecting Conveyance Projects.--In
determining whether to select a conveyance project for a grant under
this section, the Secretary shall consider--</DELETED>
<DELETED> (1) the Federal benefits of the conveyance
project;</DELETED>
<DELETED> (2) whether the conveyance project, in the
judgment of the Secretary, is well-designed to achieve the
benefits of the conveyance project at a reasonable
cost;</DELETED>
<DELETED> (3) whether the conveyance project meets a
critical need at the national, State, regional, or local
level;</DELETED>
<DELETED> (4) whether the conveyance project assists the
Federal Government in honoring contracts of the Federal
Government;</DELETED>
<DELETED> (5) diversity in the geography and size of
conveyance projects; and</DELETED>
<DELETED> (6) such other factors as the Secretary determines
appropriate.</DELETED>
<DELETED> (h) Total Dollar Cap.--The Secretary shall not impose a
total dollar cap on Federal funds under this section for any individual
conveyance project funded under the Program.</DELETED>
<DELETED> (i) New Conveyance Facility.--No Federal funds are
authorized under this section for any new conveyance facility that
costs more than $5,000,000,000.</DELETED>
<DELETED> (j) Reimbursability of Funds.--Any Federal funds provided
by the Secretary under the Program shall be nonreimbursable to the
United States, including--</DELETED>
<DELETED> (1) funding of Reclamation-led conveyance projects
under subsection (c); and</DELETED>
<DELETED> (2) grants to eligible entities for non-Federal
conveyance projects under subsection (d).</DELETED>
<DELETED> (k) Funding Eligibility.--A conveyance project shall not
be considered ineligible for funding under the Program on the basis of
the conveyance project receiving assistance under any other Federal
funding program or Federal joint use agreement.</DELETED>
<DELETED> (l) Applicable Law.--A conveyance project funded under the
Program shall be consistent with applicable Federal, State, and Tribal
law.</DELETED>
<DELETED> (m) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$500,000,000 for the period of fiscal years 2028 through
2032.</DELETED>
<DELETED>SEC. 4. REAUTHORIZATION OF RECYCLING PROGRAM AND ENVIRONMENTAL
RESTORATION PROGRAM.</DELETED>
<DELETED> (a) Authorization of New Water Recycling and Reuse
Projects.--Section 1602(g) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h(g)) is amended by
striking paragraph (1) and inserting the following:</DELETED>
<DELETED> ``(1) There is authorized to be appropriated to
the Secretary of the Interior to carry out this section
$550,000,000 for the period of fiscal years 2028 through
2032.''.</DELETED>
<DELETED> (b) Ceiling on Federal Share.--Section 1631(d)(1) of the
Reclamation Wastewater and Groundwater Study and Facilities Act (43
U.S.C. 390h-13(d)(1)) is amended by striking ``$20,000,000 (October
1996 prices)'' and inserting ``$50,000,000 (in December 2025 prices, as
automatically adjusted each January based on the percentage increase in
the consumer price index for all urban consumers (United States city
average) over the previous year, as published by the Bureau of Labor
Statistics)''.</DELETED>
<DELETED> (c) Actions for Benefit of Endangered Species, Important
Habitat, and Water Bodies.--Section 4010(b) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1872) is
amended by striking paragraph (2) and inserting the
following:</DELETED>
<DELETED> ``(2) Actions for benefit of endangered species,
important habitat, and water bodies.--There is authorized to be
appropriated to the Secretary of the Interior (acting through
the Commissioner of Reclamation) $250,000,000 for the period of
fiscal years 2028 through 2032--</DELETED>
<DELETED> ``(A) for the restoration of habitat or
improvement of conditions at the Great Salt Lake and
other saline inland lakes affected by the operation of
the Central Utah Project or Bureau of Reclamation water
projects or deliveries;</DELETED>
<DELETED> ``(B) for--</DELETED>
<DELETED> ``(i) gravel and rearing area
additions, fish passage improvements, barrier
removal, and habitat restoration to the
Sacramento River, its tributaries, or other
rivers or river basins affected by the
operation of Bureau of Reclamation facilities
to benefit species listed as threatened or
endangered under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), including
Chinook salmon and steelhead trout;</DELETED>
<DELETED> ``(ii) scientifically improved and
increased real-time monitoring to inform real-
time operations of Bureau of Reclamation
facilities, and alternative methods, models,
and equipment to improve temperature modeling,
science, and monitoring to support flow
benefits for fish species, and related
forecasted information for purposes of
predicting impacts to salmon, salmon habitat,
species listed as threatened or endangered
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), or other species of
concern as a result of water management at
Bureau of Reclamation facilities;</DELETED>
<DELETED> ``(iii) aquatic habitat
restoration activities, including floodplain
reconnection and reactivation projects (such as
off-channel and managed floodplain inundation
projects that enhance biological productivity
and food web support for fish) that enhance the
ability of the Bureau of Reclamation to meet
contractual obligations for water
deliveries;</DELETED>
<DELETED> ``(iv) fish hatchery modernization
and construction projects; and</DELETED>
<DELETED> ``(v) structural or operational
improvements, including temperature control and
associated facilities, necessary to implement
activities described in clauses (i) through
(iv); and</DELETED>
<DELETED> ``(C) for planning, design, scientific
studies, resource and biological monitoring,
environmental reviews, permitting, construction,
implementation, and adaptive management associated with
any of the activities described in subparagraphs (A)
and (B).''.</DELETED>
<DELETED>SEC. 5. OFFSET FROM EXTENSION OF CERTAIN PROVISIONS.</DELETED>
<DELETED> Section 4013 of the Water Infrastructure Improvements for
the Nation Act (43 U.S.C. 390b note; Public Law 114-322) is amended--
</DELETED>
<DELETED> (1) in paragraph (1), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (2), by striking ``in'' and
inserting ``under'';</DELETED>
<DELETED> (3) by redesignating paragraph (2) as paragraph
(3); and</DELETED>
<DELETED> (4) by inserting after paragraph (1) the
following:</DELETED>
<DELETED> ``(2) section 4009(c), section 4010(b)(2), and
subsections (a), (b), (c), (d), and (f) of section 4011, which
shall expire 15 years after that date of enactment;
and''.</DELETED>
<DELETED>SEC. 6. DEAUTHORIZATION OF INACTIVE PROJECTS OFFSET.</DELETED>
<DELETED> (a) Purposes.--The purposes of this section are--
</DELETED>
<DELETED> (1) to establish an efficient and transparent
process for deauthorizing Reclamation projects that have failed
to receive a minimum level of investment to ensure active
Reclamation projects can move forward while reducing the
backlog of authorized Reclamation projects; and</DELETED>
<DELETED> (2) to allow for exceptions for the
deauthorization of Reclamation projects under paragraph (1)
based on--</DELETED>
<DELETED> (A) action by Congress;</DELETED>
<DELETED> (B) funding to completion by the non-
Federal project sponsor; or</DELETED>
<DELETED> (C) a finding by the Secretary that
certain Reclamation projects should continue to be
authorized to meet vitally important needs of a State
or the United States.</DELETED>
<DELETED> (b) Definitions.--In this section:</DELETED>
<DELETED> (1) Reclamation project.--The term ``Reclamation
project'' means a project that is--</DELETED>
<DELETED> (A) owned by the United States;
and</DELETED>
<DELETED> (B) constructed and operated under the
direction of the Bureau of Reclamation.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior (acting through the Commissioner of
Reclamation).</DELETED>
<DELETED> (c) Interim Deauthorization List.--Not later than 1 year
after the date of enactment of this Act, 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 and make
available on a publicly accessible internet website in a manner that is
downloadable, searchable, and sortable--</DELETED>
<DELETED> (1) an interim deauthorization list of Reclamation
projects--</DELETED>
<DELETED> (A) that are authorized; and</DELETED>
<DELETED> (B) for which funding was not obligated
during the fiscal year in which this Act is enacted or
any of the preceding 7 fiscal years; and</DELETED>
<DELETED> (2) for each Reclamation project listed under
paragraph (1)--</DELETED>
<DELETED> (A) the date of authorization of the
Reclamation project, including any subsequent
modifications to the original authorization;</DELETED>
<DELETED> (B) a brief description of the Reclamation
project;</DELETED>
<DELETED> (C) the estimated cost of completion of
the Reclamation project; and</DELETED>
<DELETED> (D) any remaining amounts authorized, but
not appropriated, for the Reclamation
project.</DELETED>
<DELETED> (d) Final Deauthorization List.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date on which the interim deauthorization list is submitted
under subsection (c), 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
and make available on a publicly accessible internet website in
a manner that is downloadable, searchable, and sortable, a
final deauthorization list of all Reclamation projects
identified in the interim deauthorization list, other than any
Reclamation project--</DELETED>
<DELETED> (A) for which funding has been provided by
an Act of Congress after the date of submission of the
interim deauthorization list; or</DELETED>
<DELETED> (B) that the Secretary excludes under
paragraph (2).</DELETED>
<DELETED> (2) Exclusions.--The Secretary may exclude from
the final deauthorization list under paragraph (1) a
Reclamation project that the Secretary determines is vitally
important for the interests of the United States or a
particular State, based on consideration of the effects of the
Reclamation project on--</DELETED>
<DELETED> (A) public health and safety;</DELETED>
<DELETED> (B) the economy; or</DELETED>
<DELETED> (C) the environment.</DELETED>
<DELETED> (e) Deauthorization; Congressional Review.--Effective
beginning on the date that is 1 year after the date of submission of
the final deauthorization list under subsection (d), a Reclamation
project included on the final deauthorization list under that
subsection is deauthorized, unless, prior to that date--</DELETED>
<DELETED> (1) a joint resolution disapproving the final
deauthorization report is enacted into law;</DELETED>
<DELETED> (2) funding for the Reclamation project has been
provided by an Act of Congress; or</DELETED>
<DELETED> (3) the non-Federal sponsor of the Reclamation
project provides sufficient funds to complete the Reclamation
project.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Our communities Resilient
through Enhancing Water for Agriculture, Technology, the Environment,
and Residences Act'' or the ``MORE WATER Act''.
SEC. 2. REAUTHORIZATION OF LARGE-SCALE WATER RECYCLING AND REUSE
PROGRAM.
Section 40905 of the Infrastructure Investment and Jobs Act (43
U.S.C. 3205) is amended--
(1) in subsection (b), by inserting ``feasibility studies
for and'' before ``the planning'';
(2) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``to an eligible project'' and inserting ``for
an eligible project, or for a feasibility study for an
eligible project,''; and
(B) in paragraph (4), by striking ``30'' and
inserting ``60''; and
(3) in subsection (k)--
(A) by striking ``5'' and inserting ``10''; and
(B) by inserting ``, except for any project under
construction as of that date'' before the period at the
end.
SEC. 3. REAUTHORIZATION OF RECYCLING PROGRAM AND ENVIRONMENTAL
RESTORATION PROGRAM AND OFFSET.
(a) Reauthorization of Water Recycling and Environmental
Restoration Programs and Offset.--Section 4013 of the Water
Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note;
Public Law 114-322) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking ``in'' and inserting
``under'';
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following:
``(2) the amendment made by section 4009(c), section
4010(b)(2), and subsections (a), (b), (c), (d), and (f) of
section 4011, which shall expire 15 years after that date of
enactment; and''.
(b) Ceiling on Federal Share for Water Recycling Projects.--Section
1631(d)(1) of the Reclamation Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h-13(d)(1)) is amended by striking
``$20,000,000 (October 1996 prices)'' and inserting ``$50,000,000 (in
December 2025 prices, as automatically adjusted each January based on
the percentage increase in the consumer price index for all urban
consumers (United States city average) over the previous year, as
published by the Bureau of Labor Statistics)''.
(c) Actions for Benefit of Endangered Species, Important Habitat,
and Water Bodies.--Section 4010(b) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1872) is
amended by striking paragraph (2) and inserting the following:
``(2) Actions for benefit of endangered species, important
habitat, and water bodies.--The Secretary of the Interior
(acting through the Commissioner of Reclamation) may undertake
or enter into cooperative agreements to support activities
carried out during the period of fiscal years 2028 through
2032--
``(A) for the restoration of habitat or improvement
of conditions at the Great Salt Lake and other saline
inland lakes affected by the operation of the Central
Utah Project or Bureau of Reclamation water projects or
deliveries, subject to the requirement that, in the
case of an activity to be carried out under this
subparagraph in the State of Utah, the activity may
only be carried out on the request of, and in agreement
with, the State of Utah;
``(B) for--
``(i) gravel and rearing area additions,
fish passage improvements, barrier removal, and
habitat restoration to the Sacramento River and
its tributaries to benefit species listed as
threatened or endangered under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.),
including Chinook salmon and steelhead trout;
``(ii) scientifically improved and
increased real-time monitoring to inform real-
time operations of Shasta Dam and Reservoir and
related Central Valley Project facilities and
alternative methods, models, and equipment to
improve temperature modeling, science, and
monitoring to support flow benefits for fish
species, and related forecasted information for
purposes of predicting impacts to salmon,
salmon habitat, species listed as threatened or
endangered under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), or other species
of concern as a result of water management at
Shasta Dam and Reservoir and related Central
Valley Project facilities;
``(iii) aquatic habitat restoration
activities, including floodplain reconnection
and reactivation projects (such as off-channel
and managed floodplain inundation projects that
enhance biological productivity and food web
support for fish);
``(iv) fish hatchery modernization and
construction projects on the Sacramento River
and its tributaries; and
``(v) structural improvements, including
temperature control and associated facilities,
necessary to implement activities described in
clauses (i) through (iv); and
``(C) for planning, design, scientific studies,
resource and biological monitoring, environmental
reviews, permitting, construction, implementation, and
adaptive management associated with any of the
activities described in subparagraphs (A) and (B).''.
SEC. 4. DEAUTHORIZATION OF INACTIVE PROJECTS OFFSET.
(a) Purposes.--The purposes of this section are--
(1) to establish an efficient and transparent process for
deauthorizing Reclamation projects that have failed to receive
a minimum level of investment to ensure active Reclamation
projects can move forward while reducing the backlog of
authorized Reclamation projects; and
(2) to allow for exceptions for the deauthorization of
Reclamation projects under paragraph (1) based on--
(A) action by Congress;
(B) funding to completion by the non-Federal
project sponsor; or
(C) a finding by the Secretary that certain
Reclamation projects should continue to be authorized
to meet vitally important needs of a State or the
United States.
(b) Definitions.--In this section:
(1) Reclamation project.--The term ``Reclamation project''
means a project that is--
(A) owned by the United States; and
(B) constructed and operated under the direction of
the Bureau of Reclamation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (acting through the Commissioner of
Reclamation).
(c) Interim Deauthorization List.--Not later than 1 year after the
date of enactment of this Act, 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 and make
available on a publicly accessible internet website in a manner that is
downloadable, searchable, and sortable--
(1) an interim deauthorization list of Reclamation
projects--
(A) that are authorized; and
(B) for which funding was not appropriated during
the fiscal year in which this Act is enacted or any of
the preceding 7 fiscal years; and
(2) for each Reclamation project listed under paragraph
(1)--
(A) the date of authorization of the Reclamation
project, including any subsequent modifications to the
original authorization;
(B) a brief description of the Reclamation project;
(C) the estimated cost of completion of the
Reclamation project; and
(D) any remaining amounts authorized, but not
appropriated, for the Reclamation project.
(d) Final Deauthorization List.--
(1) In general.--Not later than 1 year after the date on
which the interim deauthorization list is submitted under
subsection (c), 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 and make
available on a publicly accessible internet website in a manner
that is downloadable, searchable, and sortable, a final
deauthorization list of all Reclamation projects identified in
the interim deauthorization list, other than any Reclamation
project--
(A) for which funding has been provided by an Act
of Congress after the date of submission of the interim
deauthorization list; or
(B) that the Secretary excludes under paragraph
(2).
(2) Exclusions.--The Secretary may exclude from the final
deauthorization list under paragraph (1) a Reclamation project
that the Secretary determines is vitally important for the
interests of the United States or a particular State, based on
consideration of the effects of the Reclamation project on--
(A) public health and safety;
(B) the economy; or
(C) the environment.
(e) Deauthorization; Congressional Review.--Effective beginning on
the date that is 2 years after the date of submission of the final
deauthorization list under subsection (d), a Reclamation project
included on the final deauthorization list under that subsection is
deauthorized, unless, prior to that date--
(1) a joint resolution disapproving the final
deauthorization report is enacted into law;
(2) funding for the Reclamation project has been provided
by an Act of Congress; or
(3) the non-Federal sponsor of the Reclamation project
provides sufficient funds to complete the Reclamation project.
Calendar No. 652
119th CONGRESS
2d Session
S. 3738
_______________________________________________________________________
A BILL
To amend the Infrastructure Investment and Jobs Act to reauthorize the
large-scale water recycling and reuse program, to establish a Water
Conveyance Improvement Program, and for other purposes.
_______________________________________________________________________
September 17, 2026
Reported with an amendment