This Act may be cited as the “Wildfire Response and Drought Resiliency Act”.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Determination of budgetary effects.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

(a) Federal wildland firefighter pay.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act—

(A) the minimum rate of basic pay for any Federal wildland firefighter position shall be not less than the rate of pay for step 3 of GS–6 of the General Schedule; and

(B) any such position shall receive locality pay under section 5304 of title 5, United States Code, at the rate of “Rest of U.S.” .

(2) ANNUAL ADJUSTMENTS.—Notwithstanding any other provision of law, beginning in the first pay period beginning on or after the date that the minimum rates of pay under paragraph (1) begin to apply, and annually thereafter, the basic rate of pay for each Federal wildland firefighter shall be increased by not less than the percentage equal to the percent change in the Consumer Price Index (all items—United States city average), published monthly by the Bureau of Labor Statistics, for December of the preceding year over such Consumer Price Index for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent.

(3) COMPENSATION COMPARABLE TO NON-FEDERAL FIREFIGHTERS.—Not later than 1 year after the date the minimum rates of pay under paragraph (1) begin to apply, the Secretary of Agriculture and the Secretary of the Interior shall submit a report to Congress on whether pay, benefits, and bonuses provided to Federal wildland firefighters are comparable to the pay, benefits, and bonuses provided for non-Federal firefighters in the State or locality where Federal wildland firefighters are based.

(4) HAZARDOUS DUTY PAY.—Each Federal wildland firefighter who is carrying out work completed during prescribed fire, parachuting, tree climbing over 20 feet, hazard tree removal, and other hazardous work as identified by the Secretary of Interior and the Secretary of Agriculture, shall be considered an employee in an occupational series covering positions for which the primary duties involve the prevention, control, suppression, or management of wildland fires under section 5545(d) of title 5, United States Code. The Director of the Office of Personnel Management may prescribe regulations to carry out this paragraph.

(5) MENTAL HEALTH LEAVE.—Each Federal wildland firefighter shall be entitled to 7 consecutive days of leave, without loss or reduction in pay, during any calendar year. Leave provided under this paragraph shall not—

(A) accumulate for use in succeeding years; and

(B) be considered to be annual or vacation leave for purposes of section 5551 or 5552 of title 5, United States Code, or for any other purpose.

(b) Pay parity for Federal structural firefighters.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, any pay, benefits, and bonuses provided to any Federal structural firefighter shall be comparable with the pay, benefits, and bonuses provided for Federal wildland firefighters.

(2) REPORT.—Not later than 1 year after the date the minimum rates of pay under subsection (a)(1) begin to apply, the Director of the Office of Personnel Management shall submit a report to Congress on whether pay for such Federal structural firefighters is competitive with Federal wildland firefighters

(c) Definitions.—In this section—

(1) the term “Federal structural firefighter”—

(A) has the meaning given the term “firefighter” in section 8401 of chapter 84 of title 5, United States Code; and

(B) does not include any Federal wildland firefighter; and

(2) the term “Federal wildland firefighter” means any individual occupying a position within the Wildland Fire Management Series, 0456 established by the Office of Personnel Management pursuant to section 40803(d) of the Infrastructure Investment and Jobs Act (Public Law 117–58), or any subsequent series.

(a) Short title.—This section may be cited as the “Wildland Firefighter Fair Pay Act”.

(b) Definitions.—In this section:

(1) COVERED EMPLOYEE.—The term “covered employee” means an employee of the Department of Agriculture, the Department of the Interior, or the Department of Commerce.

(2) COVERED SERVICES.—The term “covered services” means services performed by a covered employee that are determined by the Secretary concerned to be primarily relating to emergency wildland fire suppression activities.

(3) PREMIUM PAY.—The term “premium pay” means the premium pay paid under the provisions of law described in section 5547(a) of title 5, United States Code.

(4) SECRETARY CONCERNED.—The term “Secretary concerned” means—

(A) the Secretary of Agriculture, with respect to an employee of the Department of Agriculture;

(B) the Secretary of the Interior, with respect to an employee of the Department of the Interior; and

(C) the Secretary of Commerce, with respect to an employee of the Department of Commerce.

(c) Waiver of premium pay period limitation.—Any premium pay for covered services shall be disregarded in calculating the aggregate of the basic pay and premium pay for the applicable covered employee for purposes of a pay period limitation under section 5547(a) of title 5, United States Code, or under any other provision of law.

(d) Waiver of annual premium pay limitation.—Any premium pay for covered services shall be disregarded in calculating any annual limitation on the amount of overtime pay payable in a calendar year or fiscal year under section 5547(b) of title 5, United States Code.

(e) Pay limitation.—A covered employee may not be paid premium pay if, or to the extent that, the aggregate amount of the basic pay and premium pay (including premium pay for covered services) of the covered employee for a calendar year would exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of that calendar year.

(f) Treatment of additional premium pay.—If the application of this section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional premium pay shall not be—

(1) considered to be basic pay of the covered employee for any purpose; or

(2) used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or 5552 of title 5, United States Code.

(g) Overtime rates.—Section 5542(a)(5) of title 5, United States Code, is amended by striking “the United States Forest Service in”.

(a) Short title.—This section may be cited as the “Conservation Jobs Act of 2022”.

(b) Direct hire authority.—Section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding at the end the following:

“(4) DIRECT HIRE AUTHORITY.—

“(A) IN GENERAL.—Subject to subparagraph (B), the Secretary of Agriculture may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such title), covered graduates directly to any position with the Forest Service for which the candidate meets Office of Personnel Management qualification standards.

“(B) LIMITATIONS.—The Secretary may not appoint under subparagraph (A)—

“(i) during fiscal year 2023, more than 10 covered job corps graduates;

“(ii) during fiscal year 2024, more than 20 covered job corps graduates;

“(iii) during fiscal year 2025, more than 30 covered job corps graduates; and

“(iv) during fiscal year 2026 and each fiscal year thereafter, more than 50 covered job corps graduates.

“(C) COVERED JOB CORPS GRADUATE DEFINED.—In this paragraph, the term ‘covered graduate’ means a graduate of a Civilian Conservation Center who successfully completed a training program, including in administration, human resources, business, or quality assurance, that was focused on forestry, wildland firefighting, or another topic relating to the mission of the Forest Service.”.

There is authorized to be appropriated—

(1) for salaries and expenses of fire-related employees of the Forest Service to carry out wildfire preparedness under the wildland fire management program authorized pursuant to the Organic Administration Act of 1897 (16 U.S.C. 551), $1,615,600,000 for fiscal year 2023 and each fiscal year thereafter; and

(2) for salaries and expenses of National Forest System employees not described in paragraph (1) to carry out activities for the stewardship and management of the National Forest System, $2,353,400,000 for fiscal year 2023 and each fiscal year thereafter.

(a) Establishment.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall, for each region of the Forest Service, establish and maintain at least one NEPA strike team per region.

(b) Priority assignments.—The Secretary of Agriculture shall give priority assignments to NEPA strike teams established under subsection (a) that serve—

(1) areas of the National Forest System with a high or very high risk of wildfire; and

(2) at-risk communities with a significant number or percentage of homes exposed to wildfire.

(c) Composition of strike teams.—Strike teams established under subsection (a) shall, to the maximum extent practicable, consist of interdisciplinary members who have demonstrated success in the efficient and effective completion of all stages of compliance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.).

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall, for each region of the Forest Service, establish and maintain at least one community mitigation assistance team.

(b) Priority assignments.—The Secretary of Agriculture shall give priority assignments to community mitigation assistance teams established under subsection (a) that serve at-risk communities with a significant number or percentage of homes exposed to a high or very high risk of wildfire.

(c) Assessments.—With respect to a community mitigation assistance team established under subsection (a), the Secretary of Agriculture may—

(1) at the request of a State or political subdivision, assign such a team to provide pre-fire assessments; and

(2) assign such a team to an area or community to provide post-fire assessments.

(a) In general.—The Secretary of Agriculture, acting through the Chief of the Forest Service, shall fill vacancies in Forest Service recreation management and planning staff, including recreation technicians, recreation officers, and natural resource managers.

(b) Priority.—The Secretary shall prioritize filling vacancies under subsection (a) in units of the National Forest System that—

(1) are at high or very high risk of wildfires; and

(2) are located in areas of substantial public use.

(c) Training and certification as a Forest Protection Officer.—The Secretary may provide the opportunity for any individual who fills a vacancy pursuant to subsection (a) to receive training and certification as a Forest Protection Officer.

(a) In general.—The Secretary of Agriculture, acting through the Chief of the Forest Service, shall—

(1) fill vacancies in the Forest Service in roles that primarily address public safety and protection;

(2) assess the number of positions necessary to promote public safety and protect resources from unauthorized use; and

(3) seek to increase the number of positions available, as described in paragraph (2), as appropriate.

(b) Priority.—The Secretary shall prioritize filling vacancies and increasing the number of positions under subsection (a) in units of the National Forest System that—

(1) are at high or very high risk of wildfires; and

(2) are located in areas of substantial public use.

In this subtitle:

(1) PLAN.—The term “Plan” means the plan required under section 202(a).

(2) SECRETARIES.—The term “Secretaries” means the Secretary of Agriculture and the Secretary of the Interior.

(3) SECRETARY CONCERNED.—The term “Secretary concerned” means—

(A) the Secretary of Agriculture, with respect to National Forest System lands; and

(B) the Secretary of the Interior, with respect to public lands.

(a) In general.—The Secretary of Agriculture shall, in coordination with the Secretary of the Interior, implement a 10-year National Wildfire Plan that—

(1) includes—

(A) hazardous fuels and prescribed fire activities to address wildfire risk;

(B) vegetation, watershed, wildlife and fisheries habitat management to maintain habitat and improve ecological conditions, including—

(i) protecting mature and old-growth trees and forests;

(ii) maintaining habitat in a way that advances at-risk species recovery and conservation; and

(iii) completing consultations required under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(C) management of recreation, heritage, and wilderness programs;

(D) activities under the Joint Fire Science Program to address wildfire risk;

(E) the activities required under this subtitle;

(F) the activities included in—

(i) the National Cohesive Wildland Fire Management Strategy (and successor documents);

(ii) the Wildfire Crisis Strategy entitled “Confronting the Wildfire Crisis: A Strategy for Protecting Communities and Improving Resilience in America’s Forests” and dated January 2022 (and successor documents);

(iii) the Wildfire Crisis Strategy Implementation Plan entitled “Wildfire Crisis Implementation Plan” and dated January 2022 (and successor documents); and

(iv) the Wildfire Crisis Landscape Investments plan entitled “Confronting the Wildfire Crisis: Initial Landscape Investments to Protect Communities and Improve Resilience in America’s Forests” dated April 2022 (and successor documents); and

(G) such other wildfire-related activities as determined appropriate by the Secretary of Agriculture or the Secretary of the Interior, in accordance with existing law and regulations; and

(2) in accordance with section 203, prioritizes carrying out landscape-scale restoration projects.

(b) Coordination.—In carrying out subsection (a), to the maximum extent practicable, the Secretary of Agriculture, in coordination with the Secretary of Interior, shall—

(1) utilize cooperative forestry authorities and agreements, including but not limited to the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.);

(2) solicit proposals from States, counties, and Tribes to address water quantity and quality concerns;

(3) solicit proposals from States, counties, and Tribes for hazardous fuels treatments;

(4) consider the long-term State-wide assessments and forest resource strategies established in section 2A the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a); and

(5) provide priority to collaboratively developed projects.

(c) Funding.—

(1) AUTHORIZATION OF APPROPRIATIONS.—

(A) HAZARDOUS FUELS AND PRESCRIBED FIRE.—There is authorized to be appropriated to the Secretary of Agriculture to carry out hazardous fuels and prescribed fire activities under subsection (a)(1)(A), $500,000,000 for each of fiscal years 2023 through 2032.

(B) VEGETATION, WATERSHED, WILDLIFE, AND FISHERIES MANAGEMENT.—There is authorized to be appropriated to the Secretary of Agriculture to carry out vegetation, watershed, wildlife and fisheries management activities under subsection (a)(1)(B), $500,000,000 for each of fiscal years 2023 through 2032.

(C) RECREATION, HERITAGE, WILDERNESS.—There is authorized to be appropriated to the Secretary of Agriculture to carry out recreation, heritage, and wilderness programs under subsection (a)(1)(C), $500,000,000 for each of fiscal years 2023 through 2032.

(D) JOINT FIRE SCIENCE PROGRAM.—There is authorized to be appropriated to carry out wildfire risk reduction and research activities of the Joint Fire Science Program pursuant to the Plan, $20,000,000, for each of fiscal years 2023 through 2032, of which—

(i) $10,000,000 shall be made available to the Secretary of Agriculture; and

(ii) $10,000,000 shall be made available to the Secretary of the Interior.

(2) HAZARDOUS FUELS.—

(A) PERMISSIVE USE.—Of the amounts made available pursuant to paragraph (1)(A) for a fiscal year, up to 10 percent may be used to cover a portion of wildland firefighter salaries, so long as the positions to which such salaries apply are full-time and cover projects and activities to reduce wildfire risk.

(B) LIMITATION.—The amounts made available pursuant to paragraph (1)(A) may not be used to cover any portion of wildland firefighter salaries if the activities to reduce wildfire risk are considered wildfire suppression activities.

(a) In general.—In carrying out the Plan, the Secretary of Agriculture shall select, in accordance with this section, landscape-scale forest restoration projects—

(1) to implement on National Forest System land; and

(2) if applicable, to implement on land adjoining National Forest System land, in coordination with other Federal and non-Federal entities.

(b) Initial phase.—During the 5-year period beginning on the date of enactment of this Act, subject to the availability of appropriations, the Secretary of Agriculture shall select not more than 20 landscape-scale forest restoration projects under subsection (a).

(c) Eligibility requirements.—

(1) IN GENERAL.—Subject to paragraph (2), to be eligible for selection and implementation under subsection (a), a landscape-scale forest restoration project shall satisfy the following requirements:

(A) The purposes and needs for the project shall be—

(i) to restore the ecological integrity and ecological resilience of terrestrial and aquatic areas that have departed from reference conditions within the forest landscape;

(ii) to restore appropriate natural fire regimes, including by reducing fuel loads in areas that have departed from reference conditions, taking into account the current and projected impacts of climate change; and

(iii) to conduct wildfire risk reduction activities within the wildland-urban interface to the extent that the project includes lands within the wildland-urban interface.

(B) The project shall be developed and supported by a collaborative group that—

(i) includes multiple interested persons representing diverse interests;

(ii) is transparent and inclusive; and

(iii) has sufficient expertise, capacity, and scientific support to effectively plan, implement, and monitor landscape-level, ecologically based forest restoration activities.

(C) The project shall be based on a landscape assessment that shall—

(i) cover a landscape of—

(I) except as provided in subclauses (II) and (III), not less than 100,000 acres;

(II) in such limited cases as the Secretary of Agriculture determines to be appropriate, not less than 80,000 acres if—

(aa) the assessment is completed or substantially completed as of the date of enactment of this Act; and

(bb) in the determination of the Secretary of Agriculture, assessing a larger area is not necessary to restore the integrity, resilience, and fire regimes of the landscape; or

(III) not less than 50,000 acres in the case of a project that is carried out east of the 100th meridian;

(ii) evaluate ecological integrity and determine reference conditions for the landscape;

(iii) identify terrestrial and aquatic areas within the landscape that have departed from reference conditions;

(iv) identify criteria to determine appropriate restoration treatments within degraded areas of the landscape to achieve reference conditions, including management prescriptions and necessary mitigation measures to protect at-risk species;

(v) be based on the best available scientific information and data, including, where applicable, high-resolution imagery, LiDAR, and similar technologies and information, and involve direct engagement by scientists; and

(vi) identify priority restoration strategies for terrestrial and aquatic areas, including prescribed fire and wildfires managed for multiple resource benefits, which shall focus on—

(I) areas that are the most departed from reference conditions; and

(II) areas that would benefit the most from reducing the risk of uncharacteristic wildfire, especially with respect to nearby communities, taking into account other completed, ongoing, planned fuels-reduction projects, and the effects of recent wildfires.

(D) Restoration treatments under the project—

(i) shall emphasize the reintroduction of characteristic fire, based on forest ecology and reference conditions, through the use of prescribed fire, wildfire, or both;

(ii) that involve any proposed mechanical treatments shall be designed to promote—

(I) the restoration of reference conditions in areas that lack ecological integrity, with a focus on the reduction of surface and ladder fuels; and

(II) the establishment of conditions that will facilitate prescribed fire or managed wildfire;

(iii) shall—

(I) fully maintain or contribute to the restoration of reference old forest conditions, taking into account the current and projected impacts of climate change; and

(II) protect or increase the number and distribution of large old trees, consistent with reference conditions, excepting any de minimis losses of large old trees from prescribed fire or hazardous tree removal; and

(iv) that involve prescribed fire shall provide advance notification, in accordance with notification procedures developed by the Secretary of Agriculture, to the owner or operator of critical infrastructure, such as a power line right-of-way, of any prescribed fire treatments within close proximity to the infrastructure.

(E) The project shall be consistent with all applicable environmental laws, including—

(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(iii) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.).

(F) The project shall be consistent with section 208.

(G) The project shall require multiparty monitoring, including opportunities for public engagement, and an adaptive management approach that—

(i) conditions the future implementation of the project on the satisfactory completion of—

(I) priority restoration actions; and

(II) required monitoring after implementation;

(ii) validates conditions projected to occur in the environmental analysis for the project; and

(iii) requires modifications to the project if monitoring reveals impacts beyond the anticipated impacts of the project.

(H) (i) No new permanent road may be built as part of the project.

(ii) Any new temporary roads needed to implement the project shall be decommissioned not later than 3 years after completion of the project.

(I) The project shall use an efficient approach to landscape-scale analysis and decisionmaking that is consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), which may include—

(i) the preparation of a single environmental impact statement or environmental assessment, as applicable, for the entire project, incorporating the landscape assessment described in subparagraph (C);

(ii) the use of, as applicable—

(I) multiple records of decision to implement a single environmental impact statement; or

(II) multiple decision notices to implement a single environmental assessment;

(iii) the preparation of a programmatic environmental impact statement or environmental assessment, as applicable, for the entire project, incorporating the landscape assessment described in subparagraph (C), followed by focused, concise, and site-specific—

(I) environmental assessments; or

(II) categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

(iv) the use of the landscape assessment described in subparagraph (C), through incorporation by reference and similar approaches, to support focused, concise, and site-specific—

(I) environmental assessments; or

(II) categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2) EXCEPTION.—If the Secretary of Agriculture determines that there are an insufficient number of projects that fully comply with the requirements described in paragraph (1) to implement based on all available funding, then the Secretary of Agriculture may, during the 2-year period beginning on the date of enactment of this Act, select under subsection (a) not more than a total of 5 landscape-scale forest restoration projects to implement that do not fully comply with those requirements if the projects—

(A) fully comply with the requirements described in subparagraphs (B), (D), (E), (F), (G), (H), and (I) of that paragraph;

(B) in the determination of the Secretary of Agriculture, have purposes and needs that are consistent with the purposes and needs described in subparagraph (A) of that paragraph; and

(C) are supported by landscape assessments that are substantially (if not completely) consistent with the requirements described in subparagraph (C) of that paragraph, subject to the condition that the applicable landscape assessments fully comply with the requirements described in clauses (i) and (v) of that subparagraph.

(d) Evaluation of eligible projects.—

(1) IN GENERAL.—In determining which landscape-scale forest restoration projects to select under subsection (a), the Secretary of Agriculture shall consider—

(A) the criteria described in paragraph (2);

(B) the extent to which the project utilizes the approaches to project implementation described in paragraph (3); and

(C) the recommendations of the advisory panel established under subsection (e).

(2) CRITERIA.—The criteria referred to in paragraph (1)(A) are—

(A) the demonstrated need, based on the best available science, to restore ecological integrity to degraded or departed areas within the landscape covered by the project, taking into account the current and projected impacts of climate change;

(B) (i) the importance of watersheds in the area covered by the project for downstream waters supply; and

(ii) the opportunity to improve the ecological integrity and ecological conditions of those watersheds and reduce risks to water resources through landscape-scale forest restoration;

(C) (i) the potential extent of cost sharing for the development and implementation of the project from diverse sources, such as State or local governments, water or electric utilities, carbon credits, or private entities; and

(ii) the proportion of the non-Federal cost share that is in the form of cash contributions;

(D) whether the area covered by the project has high-resolution, remote-sensing data and other information available that enables a landscape assessment and a robust analysis and disclosure of the effects and outcomes of implementing restoration activities;

(E) whether the project is using, or will use, innovative approaches to completing resource surveys that are less costly and less time-consuming than usual practices while providing the information necessary for project design and analysis;

(F) whether the project will reduce the number of miles of permanent roads on National Forest System land that are not necessary for resource management or recreational access;

(G) whether the project will assess or quantify the ecosystem service benefits of forest restoration within the landscape covered by the project, such as water, carbon, biodiversity, fire risk reduction, public health, and community safety;

(H) whether the project has the potential to support new or existing wood processing infrastructure that can make economic use of the byproducts of forest restoration;

(I) whether the project has the potential to support local employment and investment opportunities, particularly in economically disadvantaged communities;

(J) the scale of the landscape assessment for the project, with a preference for projects for which the landscape assessment covers a larger area; and

(K) whether the project—

(i) strives to restore ecological integrity and ecological conditions within areas across land ownerships, including State and private land; and

(ii) will reduce the risk of uncharacteristic wildfire, and, to the extent practicable, restore ecological integrity, within the wildland-urban interface.

(3) COLLABORATION.—The Secretary of Agriculture may coordinate with Federal, State, local, and Tribal agencies with respect to selection and implementation under subsection (a), a landscape-scale forest restoration project.

(e) Advisory panel.—

(1) IN GENERAL.—The Secretary of Agriculture shall establish and maintain an advisory panel composed of not more than 15 members to evaluate, and provide recommendations on—

(A) each landscape-scale forest restoration project that the Secretary of Agriculture is reviewing for potential selection under subsection (a); and

(B) proposals for planning and developing landscape-scale forest restoration projects.

(2) REPRESENTATION.—The Secretary of Agriculture shall ensure that the membership of the advisory panel established under paragraph (1) is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory panel.

(3) INCLUSION.—The advisory panel established under paragraph (1) shall include experts in ecological forest restoration, fire ecology, fire management, rural economic and workforce development, strategies for ecological adaptation to climate change, fish and wildlife ecology, and woody biomass and small-diameter tree utilization.

(4) EXEMPTION.—The advisory panel established under paragraph (1) shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).

In carrying out projects under the Plan, the Secretaries shall, to the maximum extent practicable—

(1) identify appropriate projects to be carried out by, and enter into cooperative agreements to carry out such projects with—

(A) qualified youth or conservation corps (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)); or

(B) nonprofit wilderness and trails stewardship organizations, including—

(i) the Corps Network;

(ii) the National Wilderness Stewardship Alliance;

(iii) American Trails; and

(iv) other public lands stewardship organizations, as appropriate; and

(2) waive any matching funds requirements, including under section 212(a)(1) of the Public Lands Corps Act of 1993 (16 U.S.C. 1729(a)(1)).

(a) Western prescribed fire centers.—

(1) IN GENERAL.—In carrying out the Plan, the Secretaries shall establish 1 or more centers to train individuals in prescribed fire methods and other methods relevant to the mitigation of wildfire risk (referred to in this subsection as a “center”).

(2) HOST INSTITUTIONS.—The 1 or more centers shall be—

(A) located at 1 or more institutions of higher education; or

(B) developed in collaboration with 1 or more institutions of higher education.

(3) GOALS.—The 1 or more centers shall advance the following goals:

(A) Training individuals and conducting research on prescribed fire methods and other restoration methods relevant to the mitigation of wildfire risk.

(B) Developing and advancing interdisciplinary science relating to wildfire, including social science and human dimensions of wildfire.

(C) Conducting ongoing and forward-looking needs assessments among stakeholders, including Federal and State agencies and Indian Tribes, to determine common need requirements and emerging challenges to reduce wildfire risk and adapt communities to increased risk from wildfire, including the following hazard-related focus areas:

(i) Increasing disaster resilience.

(ii) Mitigation and management methods.

(iii) Air quality.

(iv) Firestorm weather forecasting and burn-area debris flow forecasting, including empirical and modeling research.

(D) Collaborating with Federal wildfire scientists at the Forest Service, the Department of the Interior, and other related Federal agencies.

(E) Identifying, through a detailed engagement process targeting defined end-users, the requirements and delivery mechanisms for products and services that are practical and will have an impact on mitigating wildfire risk.

(F) Promoting technology transfer with pathways for dissemination, implementation, and application of research results on the ground, using and enhancing previous research.

(G) Ensuring the connectivity and interoperability of distributed services to maximize synergies and benefits across services.

(H) Developing open digital infrastructure to make research data, science, and models open for all sectors to use.

(I) Collaborating with prescribed fire and wildfire science programs, including the Joint Fire Science Program, Fire Science Exchange Networks, and State and Regional Prescribed Fire Associations.

(J) Advancing best practices and training for safely pursuing, conducting, and controlling prescribed fires.

(K) Creating processes to facilitate public comment prior to prescribed fire implementation.

(4) LOCATION.—

(A) IN GENERAL.—The 1 or more centers shall be located in any State the entirety of which is located west of the 100th meridian.

(B) CONSULTATION.—The Secretaries shall consult with the Joint Fire Science Program to solicit and evaluate proposals for the location of the 1 or more centers.

(C) SELECTION.—Not later than 1 year after the date of enactment of this Act, based on the consultation under subparagraph (B), the Secretaries shall select a location for the 1 or more centers.

(b) Additional training centers.—Subject to the availability of appropriations, not later than September 30, 2023, the Secretary of the Interior, in cooperation with the Secretary of Agriculture, shall—

(1) establish and operate a prescribed fire training center in a western State;

(2) continue to operate a prescribed fire training center in an eastern State;

(3) establish a virtual prescribed fire training center; and

(4) establish and maintain a Strategic Wildfire Management Training Center.

(a) Establishment.—Not later than 180 days after the date of enactment of this section, the Secretary shall enter into a cooperative agreement with the Foundation to establish the Community Resilience and Restoration Fund at the Foundation to—

(1) improve community safety in the face of climactic extremes through conservation and protection of restoration and resilience lands;

(2) to protect, conserve, and restore restoration and resilience lands in order to help communities respond and adapt to natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate;

(3) to build the resilience of restoration and resilience lands to adapt to, recover from, and withstand natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate change;

(4) to protect and enhance the biodiversity of wildlife populations, with special consideration to the recovery and conservation of at-risk species, across restoration and resilience lands;

(5) to support the health of restoration and resilience lands for the benefit of present and future generations;

(6) to foster innovative, nature-based solutions that help meet the goals of this section; and

(7) to enhance the nation’s natural carbon sequestration capabilities and help communities strengthen natural carbon sequestration capacity where applicable.

(b) Management of the Fund.—The Foundation shall manage the Fund—

(1) pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.); and

(2) in such a manner that, to the greatest extent practicable and consistent with the purposes for which the Fund is established—

(A) ensures that amounts made available through the Fund are accessible to historically underserved communities, including Tribal communities, communities of color, and rural communities; and

(B) avoids project selection and funding overlap with those projects and activities that could otherwise receive funding under—

(i) the National Oceans and Coastal Security Fund, established under the National Oceans and Coastal Security Act (16 U.S.C. 7501); or

(ii) other coastal management focused programs.

(c) Competitive grants.—

(1) IN GENERAL.—To the extent amounts are available in the Fund, the Foundation shall award grants to eligible entities through a competitive grant process in accordance with procedures established pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) to carry out eligible projects and activities, including planning eligible projects and activities.

(2) PROPOSALS.—The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section.

(d) Use of Amounts in the Fund.—

(1) PLANNING.—Not less than 8 percent of amounts appropriated annually to the Fund may be used to plan eligible projects and activities, including capacity building.

(2) ADMINISTRATIVE COSTS.—

(A) Not more than 4 percent of amounts appropriated annually to the Fund may be used by the Foundation for administrative expenses of the Fund or administration of competitive grants offered under the Fund.

(B) Not more than 4 percent of the amounts appropriated annually to the Fund may be used by the United States Fish and Wildlife Service for administrative expenses.

(3) PRIORITY.—Not less than $10,000,000 of the amounts appropriated annually to the Fund shall be awarded annually to support eligible projects and activities for Indian Tribes.

(4) COORDINATION.—The Secretary and Foundation shall ensure, to the greatest extent practicable and through meaningful consultation, that input from Indian Tribes, including traditional ecological knowledge, is incorporated in the planning and execution of eligible projects and activities.

(e) Reports.—

(1) ANNUAL REPORTS.—Beginning at the end the first full fiscal year after the date of enactment of this section, and not later than 60 days after the end of each fiscal year in which amounts are deposited into the Fund, the Foundation shall submit to the Secretary a report on the operation of the Fund including—

(A) an accounting of expenditures made under the Fund, including leverage and match as applicable;

(B) an accounting of any grants made under the Fund, including a list of recipients and a brief description of each project and its purposes and goals; and

(C) measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience.

(2) 5–YEAR REPORTS.—Not later than 90 days after the end of the fifth full fiscal year after the date of enactment of this section, and not later than 90 days after the end every fifth fiscal year thereafter, the Foundation shall submit to the Secretary a report containing—

(A) a description of any socioeconomic, biodiversity, community resilience, or climate resilience or mitigation (including natural carbon sequestration), impacts generated by projects funded by grants awarded by the Fund, including measures and metrics illustrating these impacts;

(B) a description of land health benefits derived from projects funded by grants awarded by the Fund, including an accounting of—

(i) lands treated for invasive species;

(ii) lands treated for wildfire threat reduction, including those treated with controlled burning or other natural fire-management techniques; and

(iii) lands restored either from wildfire or other forms or degradation, including over-grazing and sedimentation;

(C) key findings for Congress, including any recommended changes to the authorization or purposes of the Fund;

(D) best practices for other Federal agencies in the administration of funds intended for land and habitat restoration;

(E) information on the use and outcome of funds specifically set aside for planning and capacity building pursuant to subsection (d)(1); and

(F) any other information that the Foundation considers relevant.

(3) SUBMISSION OF REPORTS TO CONGRESS.—Not later than 10 days after receiving a report under this section, the Secretary shall submit the report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate.

(f) Authorization of Appropriations.—There is hereby authorized to be appropriated to the Fund $100,000,000 for each of fiscal years 2023 through 2032 to carry out this section.

(g) Definitions.—For purposes of this section:

(1) The term “eligible entity” means a Federal agency, State, the District of Columbia, a territory of the United States, a unit of local government, an Indian Tribe, a non-profit organization, or an accredited institution of higher education.

(2) The term “eligible projects and activities” means projects and activities carried out by an eligible entity on public lands, Tribal lands, or private land, or any combination thereof, to further the purposes for which the Fund is established, including planning and capacity building and projects and activities carried out in coordination with Federal, State, or Tribal departments or agencies, or any department or agency of a subdivision of a State.

(3) The term “Foundation” means the National Fish and Wildlife Foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.).

(4) The term “Fund” means the Community Resilience and Restoration Fund established under subsection (a).

(5) The term “Indian Tribe” means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

(6) The term “restoration and resilience lands” means fish, wildlife, and plant habitats, and other important natural areas in the United States, on public lands, private land (after obtaining proper consent from the landowner), or land of Indian Tribes, including grasslands, shrublands, prairies, chapparral lands, forest lands, deserts, and riparian or wetland areas within or adjacent to these ecosystems.

(7) The term “public lands” means lands owned or controlled by the United States.

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

(9) The term “State” means a State of the United States, the District of Columbia, any Indian Tribe, and any commonwealth, territory, or possession of the United States.

(a) Definitions.—In this section:

(1) COMMUNITY CAPACITY.—The term “community capacity” means the ability of an eligible entity to carry out or assist in a land stewardship activity.

(2) DISADVANTAGED COMMUNITY.—The term “disadvantaged community” means—

(A) a low-income community (as defined in section 45D(e) of the Internal Revenue Code of 1986); and

(B) a community that includes a significant population that has been systematically denied a full opportunity to participate in aspects of economic, social, and civic life based on a particular characteristic, such as Black, Latino, Indigenous, and Native American persons, Asian Americans, Pacific Islanders, and other persons of color.

(3) ELIGIBLE ENTITY.—The term “eligible entity” means any the following entities that is located in or represents a disadvantaged community:

(A) An organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code.

(B) A collaborative group fiscally sponsored by an organization described in subparagraph (A).

(C) A unit of local government.

(D) An Indian Tribe.

(E) A special district government, as defined by the Director of the Bureau of the Census.

(4) ECOLOGICAL INTEGRITY.—The term “ecological integrity” has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(5) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(6) LAND STEWARDSHIP ACTIVITY.—The term “land stewardship activity” means any of the following activities, as applied to a qualifying project:

(A) Planning.

(B) Collaboration and building community support.

(C) Implementation on land other than National Forest System land.

(D) Monitoring, including multiparty monitoring, and adaptive management.

(7) QUALIFYING PROJECT.—The term “qualifying project” means any of the following activities that takes place at least in substantial part on National Forest System land or national grasslands:

(A) Restoration of the ecological integrity of a forest, meadow, grassland, prairie, or other habitat.

(B) Tribal management for aligned cultural and ecological values.

(C) Enhancing community wildfire resilience in the wildland-urban interface.

(D) Increasing equitable access to environmental education and volunteerism opportunities.

(8) RESTORATION.—The term “restoration” has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(9) SECRETARY.—The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(b) Purpose.—The purpose of this section is to support increasing community capacity, partnerships, and collaborations within and involving disadvantaged communities for land stewardship activities and restoration of ecological integrity on—

(1) National Forest System land;

(2) national grasslands; and

(3) adjacent private, State, and trust land associated with the health and resilience of land described in paragraphs (1) and (2).

(c) Administration.—

(1) IN GENERAL.—The Secretary may issue grants to eligible entities for increasing community capacity for land stewardship activities and related activities based on the criteria described in subsection (d).

(2) FEDERAL COST-SHARE.—

(A) IN GENERAL.—The Secretary may fund up to 100 percent of the cost of land stewardship activities and related activities carried out using a grant issued under paragraph (1).

(B) MATCHING ELIGIBILITY.—A grant issued under this section may be considered a non-Federal matching contribution from the eligible entity that received the grant towards other sources of Federal funding.

(3) DURATION.—The Secretary may issue a grant under paragraph (1) for a period of 1 or more years.

(4) MAXIMUM GRANT AMOUNT.—The amount of a grant issued under paragraph (1) shall be not more than $50,000 per year.

(5) APPLICABLE LAWS.—The Secretary shall administer grants under paragraph (1) in accordance with all applicable Federal and State laws.

(d) Criteria for awarding grants.—

(1) IN GENERAL.—Subject to paragraph (2), the Secretary shall award grants to eligible entities under subsection (c)(1) on a competitive basis in accordance with the following criteria:

(A) The extent to which the proposed land stewardship activities benefit units of the National Forest System and national grasslands over the short and long term.

(B) The extent to which valuable ecological, economic, and social benefits to disadvantaged communities, including job creation and business development or retention, are likely to result from the scope of the land stewardship activities.

(C) The extent to which the grant would benefit disadvantaged communities that have historically received less investment in collaborative capacity.

(D) The extent to which the proposal brings together diverse interests through planning, collaboration, implementation, or monitoring of land stewardship activities to benefit units of the National Forest System or national grasslands.

(E) The extent to which the grant funds appear to be critical for the success of the eligible entity and the identified land stewardship activities.

(F) The extent to which the budget for the land stewardship activities is reasonable given the anticipated outcomes.

(2) SET-ASIDE FOR INDIAN TRIBES.—The Secretary shall allocate not less than 10 percent of the funding awarded under this section to Indian Tribes or eligible entities representing Indian Tribes.

(e) Annual reviews.—

(1) IN GENERAL.—The Secretary shall establish and maintain an advisory panel composed of not more than 15 members to provide feedback each year to the Chief of the Forest Service on the extent to which the implementation of this section is fulfilling the purpose described in subsection (b).

(2) INCLUSIONS.—The advisory panel established under paragraph (1) shall include representation from a diversity of public land stakeholders from across interest groups, including—

(A) not fewer than 8 members representing the interests of a diversity of disadvantaged communities; and

(B) not fewer than 2 members representing not fewer than 2 Indian Tribes.

(3) EXEMPTION.—The advisory panel established under paragraph (1) shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).

(f) Report evaluating program implementation.—

(1) IN GENERAL.—Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture, the Committee on Natural Resources, and the Committee on Appropriations of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate a report evaluating the implementation of this section, including—

(A) a list of the eligible entities and land stewardship activities selected for funding under this section and the accomplishments of those activities; and

(B) an evaluation of the extent to which the implementation of this section is fulfilling the purpose described in subsection (b).

(2) CONSULTATION; CONTRACTING.—In preparing the report under paragraph (1), the Secretary—

(A) shall consult with the advisory panel established under subsection (e)(1); and

(B) may contract with a third party to complete an evaluation of the implementation of this section to inform the report.

(g) Authorization of appropriations.—

(1) IN GENERAL.—There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2023 through 2032.

(2) DISTRIBUTION.—The Secretary shall, to the maximum extent practicable, distribute amounts made available under paragraph (1) in a geographically equitable manner.

(3) ADMINISTRATIVE COSTS.—Not more than 10 percent of any amounts made available to carry out this section may be used for administrative management and program oversight.

The Secretary of Agriculture shall not authorize road construction, road reconstruction, or the cutting, sale, or removal of timber on National Forest System lands subject to the Roadless Area Conservation Rule as published on January 12, 2001 (66 Fed. Reg. 3243) except as provided in—

(1) subpart B of part 294 of title 36, Code of Federal Regulations (as in effect on January 12, 2001);

(2) subpart C of part 294 of title 36, Code of Federal Regulations (as in effect on October 16, 2008 for Idaho); and

(3) subpart D of part 294 of title 36, Code of Federal Regulations (as provided for Colorado on July 3, 2012 and December 19, 2016).

(a) In general.—Not later than September 30, 2024, the Secretary concerned shall, in accordance with this section, establish a spatial fire management plan for any prescribed fire.

(b) Use of existing information.—To comply with this section, the Secretary concerned may use a fire management plan in existence on the date of enactment of this Act, and information from the Wildland Fire Decision Support System and the Interagency Fuels Treatment Decision Support System.

(c) Updates.—To be valid, a spatial fire management plan established under this section shall not be in use for longer than the 10-year period beginning on the date on which the plan is established.

(d) Contents.—For each spatial fire management plan established under this section, the Secretary concerned shall—

(1) base the plans on a landscape-scale risk assessment that includes—

(A) risks to firefighters;

(B) risks to communities;

(C) risks to highly valuable resources; and

(D) other relevant considerations determined by the Secretary concerned;

(2) include direction, represented in spatial form, from land management plans and resource management plans;

(3) in coordination with States, delineate potential operational delineations that—

(A) identify potential prescribed fire or wildfire control locations; and

(B) specify the places in which firefighters will not be sent because of the presence of unacceptable risk, including areas determined by the Secretary concerned as—

(i) exceeding a certain slope;

(ii) containing too high of a volume of hazardous fuels, under certain weather conditions; or

(iii) containing other known hazards;

(4) include a determination of average severe fire weather for the plan area;

(5) include prefire planning provisions;

(6) include a plan for emergency wildfire suppression activities; and

(7) include, at a minimum, any other requirement determined to be necessary by the Secretary concerned.

(e) Consistency with management plans.—The spatial fire management plans established under this section shall, to the maximum extent practicable, be consistent with the fire management objectives and land management objectives in the applicable land management plan or resource management plan.

(f) Revisions to land management plans and resource management plans.—A revision to a land management plan or resource management plan shall consider fire ecology and fire management in a manner that facilitates the issuance of direction for an incident response.

(a) Establishment of account.—There is established in the Treasury of the United States the Long-Term Burned Area Recovery account for the Department of Agriculture.

(b) Authorization of appropriations.—There are authorized to be appropriated for fiscal year 2023 and each fiscal year thereafter for the account established by subsection (a) such sums as are necessary to carry out the activities described in subsection (d), not to exceed $100,000,000.

(c) Annual requests.—For fiscal year 2023 and each fiscal year thereafter, the Secretary of Agriculture shall submit to Congress and in accordance with subsection (b), a request for amounts necessary to carry out the activities described in subsection (d).

(d) Authorized activities.—The Secretary of Agriculture shall use amounts in the account established by subsection (a) for recovery projects—

(1) that begin not earlier than 1 year after the date on which the wildfire was contained;

(2) that are—

(A) scheduled to be completed not later than 3 years after the date on which the wildfire was contained; and

(B) located at sites impacted by wildfire on non-Federal or Federal land; and

(3) that restore the functions of an ecosystem or protect life or property.

(e) Prioritization of funding.—The Secretary of Agriculture shall prioritize, on a nationwide basis, projects for which funding requests are submitted under this section, based on—

(1) downstream effects on water resources; and

(2) public safety.

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department of Agriculture shall submit to Congress a report on the progress made in the prior year towards completing the goals established under the Plan that includes—

(1) the amount of funding appropriated to carry out the Plan pursuant to the provisions of this subtitle with respect to the prior fiscal year; and

(2) recommendations to improve implementation of the Plan.

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Agriculture shall submit to Congress an assessment with respect to the prior year of the following:

(1) The acres effectively treated by the Department of Agriculture on National Forest System lands to reduce wildfire risk or improve habitat condition—

(A) within the wildland urban interface;

(B) within backcountry areas (including roadless and wilderness);

(C) within a priority watershed area;

(D) within an identified wildlife corridor; and

(E) for which prescribed fire or wildfire achieved an ecosystem management goal.

(2) Watershed assessment of the National Forest System, including if watershed conditions have degraded, improved, or been maintained.

(3) Carbon emissions and sequestration from National Forest System lands.

The Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) is amended as follows:

(1) In section 2—

(A) by striking subsection (a);

(B) by redesignating subsections (b) through (g) as subsections (a) through (f), respectively;

(C) by striking “subsection (b)” each place it appears and inserting “subsection (a)”; and

(D) by striking “subsection (c)” each place it appears and inserting “subsection (b)”.

(2) By adding at the end the following:

(a) Establishment of standard operating procedures.—Not later than 1 year after the date of the enactment of this section, the covered Secretaries shall—

(1) establish standard operating procedures relating to fire suppression cost share agreements established under the Act of May 27, 1955 (42 U.S.C. 1856a) (commonly known as the “Reciprocal Fire Protection Act”); and

(2) with respect to each fire suppression cost share agreement in operation on such date—

(A) review each such agreement; and

(B) modify each agreement as necessary to comply with the standard operating procedures required under paragraph (1).

(b) Alignment of fire suppression cost share agreements with cooperative fire protection agreements.—The standard operating procedures required under subsection (a)(1) shall include a requirement that each fire suppression cost share agreement be aligned with each of the cooperative fire protection agreements applicable to the entity subject to such fire suppression cost share agreement.

(c) Second-Level review.—The standard operating procedures required under subsection (a)(1) shall include—

(1) a requirement that the covered Secretaries, to the maximum extent practicable, complete reviews, including second-level reviews of a fire suppression cost share agreement, as soon as practicable after a wildfire relating to the area covered by such fire suppression cost share agreement is contained; and

(2) a requirement that in completing such reviews, the covered Secretaries consults with State and local fire suppression organizations.

(d) Covered Secretaries defined.—In this section, the term “covered Secretaries” means—

(1) the Secretary of Agriculture;

(2) the Secretary of the Interior;

(3) the Secretary of Homeland Security; and

(4) the Secretary of Defense.

Section 7 of the Act of June 20, 1958 (16 U.S.C. 579c), is amended—

(1) by striking “of any improvement, protection, or rehabilitation” and inserting “of any assessment, improvement, protection, restoration, or rehabilitation”; and

(2) by striking “Provided, That” and all that follows through the period at the end and inserting: “Provided, That any monies covered into the Treasury under this section, including all monies that were previously collected by the United States in a forfeiture, judgment, compromise, or settlement, shall be invested by the Secretary of the Treasury in interest bearing obligations of the United States to the extent the amounts are not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals: Provided further, That any interest earned on the amounts, including any interest earned by investment, is hereby appropriated and made available until expended to cover the costs to the United States specified in this section: Provided further, That, for fiscal year 2021 and thereafter, the Secretary shall include in the budget materials submitted to Congress in support of the President’s annual budget request (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each fiscal year the proposed use of such amounts with respect to the Forest Service: Provided further, That any portion of the monies received or earned under this section in excess of the amount expended in performing the work necessitated by the action which led to their receipt may be used to cover the other work specified in this section.”.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the agricultural committees a report that includes—

(1) as of the date of the report, an estimate of—

(A) agricultural losses due to adverse weather events that have occurred in calendar year 2022;

(B) Emergency Relief Program funds spent for 2020 and 2021 losses;

(C) Emergency Livestock Relief Program funds spent for 2021 losses;

(D) the number of new producers that have purchased Federal crop insurance or coverage under the Noninsured Crop Disaster Assistance Program under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) (including an overview of the coverage levels purchased) as a result of receiving assistance through—

(i) the Wildfire and Hurricane Indemnity Program (WHIP) for losses in 2017; and

(ii) the Wildfire and Hurricane Indemnity Program Plus (WHIP+) for losses in 2018 and 2019; and

(E) the number of producers who—

(i) newly purchased Federal crop insurance or coverage under the Noninsured Crop Disaster Assistance Program under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) as a result of receiving assistance through—

(I) the Wildfire and Hurricane Indemnity Program (WHIP) for losses in 2017; and

(II) the Wildfire and Hurricane Indemnity Program Plus (WHIP+) for losses in 2018; and

(ii) continued purchasing such insurance or coverage after the two-year requirement applicable to such producers; and

(2) with respect to calendar year 2022, the projected agricultural losses due to adverse weather events in calendar year 2022.

(b) Definitions.—In this section:

(1) AGRICULTURAL COMMITTEES.—The term “agricultural committees” means the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the House of Representatives and the Senate.

(2) AGRICULTURAL LOSSES.—The term “agricultural losses” means the losses described under the heading “Department of Agriculture—Agricultural Programs—Processing, Research and Marketing—Office of the Secretary” in the Extending Government Funding and Delivering Emergency Assistance Act (Public Law 117–43) with respect to calendar year 2022.

Not later 1 year after the date of the enactment of this Act, the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Homeland Security shall jointly submit to Congress a report—

(1) on the feasibility and effectiveness of using CH–47 Chinooks with firefighting modifications to—

(A) respond to wildfires; and

(B) perform search and rescue activities; and

(2) that identifies the governmental organizations (including Federal, State, and local government organizations) that would be most effective with respect to using the aircraft described in paragraph (1) to carry out the activities specified in that paragraph.

(a) Eligible project.—Section 40905(c)(4) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3205(c)(4)) is amended to read as follows:

“(4) is—

“(A) constructed, operated, and maintained by an eligible entity; or

“(B) owned by an eligible entity; and”.

(b) Removal of termination of authority; additional authorization of appropriations.—Section 40905(k) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3205(k)) is amended to read as follows:

“(k) Authorization of appropriations.—In addition to the amounts made available under section 40901(4)(B) to carry out this section, there is authorized to be appropriated to the Secretary $700,000,000 to carry out this section, to remain available until expended.”.

(c) Applicability.—The amendments made by this section shall apply to amounts appropriated on or after the date of the enactment of this Act.

Section 1101 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575) is amended—

(1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively;

(2) by inserting after subsection (a) the following:

“(b) Additional project authorities.—

“(1) IN GENERAL.—The Secretary, acting through the Bureau of Reclamation, may provide grants and enter into contracts and cooperative agreements to carry out projects located in the area of the Salton Sea in Southern California to improve air quality, fish and wildlife habitat, recreational opportunities, and water quality, in partnership with—

“(A) State, Tribal, and local governments;

“(B) water districts;

“(C) joint powers authorities, including the Salton Sea Authority;

“(D) nonprofit organizations; and

“(E) institutions of higher education.

“(2) INCLUDED ACTIVITIES.—The projects described in paragraph (1) may include—

“(A) construction, operation, maintenance, permitting, and design activities required for such projects; and

“(B) dust suppression projects.”; and

(3) in subsection (e), as so redesignated, by striking “$13,000,000” and inserting “$250,000,000”.

In addition to the amounts otherwise available and consistent with contractual arrangements and applicable State and Federal law, there is authorized to be appropriated to the Secretary of the Interior $500,000,000, for the period of fiscal years 2023 through 2026, to use available legal authorities to reduce the near-term likelihood of Lake Mead and Lake Powell declining to critically low water elevations.

Section 9504(a)(3)(E)(i) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)(3)(E)(i)) is amended—

(1) in subclause (I), by striking “subclause (II)” and inserting “subclauses (II) and (III)”; and

(2) after subclause (II), by inserting the following:

“(III) WAIVER; REDUCTION.—With respect to a grant or other agreement entered into under paragraph (1) between the Secretary and an Indian tribe, the Secretary may reduce or waive the non-Federal share (and increase the Federal share accordingly) of the cost of any infrastructure improvement or activity that is the subject of that grant or other agreement if the Secretary determines that meeting the cost-share requirement presents a financial hardship for the Indian tribe.”.

Section 10501 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 407) is amended—

(1) in subsection (b)(1), by inserting “and for fiscal year 2033 and each fiscal year thereafter” after “For each of fiscal years 2020 through 2029”;

(2) in subsection (c)—

(A) in paragraph (1)(A), by striking “for each of fiscal years 2020 through 2034” and inserting “for fiscal year 2020 and each fiscal year thereafter”; and

(B) in paragraph (3)(C), by striking “for any authorized use” and all that follows through the period at the end and inserting “for any use authorized under paragraph (2).”; and

(3) by striking subsection (f).

(a) Rural water supply program reauthorization.—

(1) AUTHORIZATION OF APPROPRIATIONS.—Section 109(a) of the Rural Water Supply Act of 2006 (43 U.S.C. 2408(a)) is amended by striking “2016” and inserting “2032”.

(2) TERMINATION OF AUTHORITY.—Section 110 of the Rural Water Supply Act of 2006 (43 U.S.C. 2409) is amended by striking “2016” and inserting “2032”.

(b) Bureau of reclamation rural water supply program.—

(1) DEFINITIONS.—In this subsection:

(A) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(B) RECLAMATION STATE.—The term “Reclamation State” means a State described in the first section of the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, ch. 1093).

(C) REPORT.—The term “Report” means the most recent annual report required to be submitted by the Secretary of Health and Human Services to the President under section 302(g) of the Indian Health Care Improvement Act (25 U.S.C. 1632(g)).

(D) SECRETARY.—The term “Secretary” means the Secretary of the Interior, acting through the Commissioner of Reclamation.

(E) TRIBAL LAND.—The term “Tribal land” means—

(i) land located within the boundaries of—

(I) an Indian reservation, pueblo, or rancheria; or

(II) a former reservation within Oklahoma;

(ii) land not located within the boundaries of an Indian reservation, pueblo, or rancheria, title to which is held—

(I) in trust by the United States for the benefit of an Indian Tribe or an individual Indian;

(II) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or

(III) by a dependent Indian community;

(iii) land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a));

(iv) Hawaiian Home Lands (as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221)); or

(v) an area or community designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that is near, adjacent, or contiguous to an Indian reservation where financial assistance and social service programs are provided to Indians because of their status as Indians.

(2) COMPETITIVE GRANT PROGRAM FOR TRIBAL CLEAN WATER ACCESS PROJECTS.—

(A) ESTABLISHMENT.—In accordance with section 103 of the Rural Water Supply Act of 2006 (43 U.S.C. 2402), the Secretary shall establish a competitive grant program under which an Indian Tribe shall be eligible to apply for a grant from the Secretary in an amount not to exceed 100 percent of the cost of planning, design, and construction of a project determined by the Secretary to be eligible for funding under subparagraph (B).

(B) ELIGIBILITY.—To be eligible for a grant under subparagraph (A), a project shall—

(i) be carried out in a Reclamation State; and

(ii) as determined by the Secretary—

(I) provide, increase, or enhance access to safe drinking water for communities and households on Tribal land; or

(II) address public health and safety concerns associated with access to safe drinking water.

(C) PRIORITY.—

(i) IN GENERAL.—In awarding grants under subparagraph (A), the Secretary, in consultation with the Director of the Indian Health Service, shall give priority to projects that meet one or more of the following criteria:

(I) Provides potable water supplies to communities or households on Tribal land that do not have access to running water as of the date of the project application.

(II) Addresses an urgent and compelling public health or safety concern relating to access to safe drinking water for residents on Tribal land.

(III) Addresses needs identified in the Report.

(IV) Closer to being completed, or farther along in planning, design, or construction, as compared to other projects being considered for funding.

(V) Takes advantage of the experience and technical expertise of the Bureau of Reclamation in the planning, design, and construction of rural water projects, particularly with respect to a project that takes advantage of economies of scale.

(VI) Takes advantage of local or regional partnerships that complement related efforts by Tribal, State, or Federal agencies to enhance access to drinking water or water sanitation services on Tribal land.

(VII) Leverages the resources or capabilities of other Tribal, State, or Federal agencies to accelerate planning, design, and construction.

(VIII) Provides multiple benefits, including—

(aa) improved water supply reliability;

(bb) public health improvements;

(cc) ecosystem benefits;

(dd) groundwater management and enhancements; and

(ee) water quality improvements.

(ii) CONSULTATION.—In prioritizing projects for funding under clause (i), the Secretary—

(I) shall consult with the Director of the Indian Health Service; and

(II) may coordinate funding of projects under this paragraph with the Director of the Indian Health Service, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the head of any other Federal agency in any manner that the Secretary determines would—

(aa) accelerate project planning, design, or construction; or

(bb) otherwise take advantage of the capabilities of, and resources potentially available from, other Federal sources.

(3) FUNDING.—

(A) IN GENERAL.—In addition to amounts otherwise available, there is authorized to be appropriated to the Secretary $1,000,000,000 to carry out this subsection, to remain available until expended.

(B) ADMINISTRATIVE EXPENSES; USE OF FUNDS.—Of the amounts authorized to be appropriated under subparagraph (A), not more than 2 percent is authorized to be appropriated for—

(i) the administration of the rural water supply program established under section 103 of the Rural Water Supply Act of 2006 (43 U.S.C. 2402); and

(ii) related management and staffing expenses.

(c) Funding for Native American affairs technical assistance program of the Bureau of Reclamation.—In addition to amounts otherwise available, there is authorized to be appropriated to the Secretary $90,000,000 for use, in accordance with section 201 of the Energy and Water Development Appropriations Act, 2003 (43 U.S.C. 373d), for the Native American Affairs Technical Assistance Program of the Bureau of Reclamation, to remain available until expended.

(a) Conveyance of title to Tribe.—Section 307(d)(2)(E) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291; 124 Stat. 3082; 132 Stat. 1626) is amended, in the matter preceding clause (i), by striking “water system—” and all that follows through the period at the end of clause (ii)(II), and inserting “water system is substantially complete, as determined by the Secretary in accordance with subsection (k).”.

(b) Requirements for determination of substantial completion of the WMAT rural water system.—Section 307 of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291; 124 Stat. 3080; 132 Stat. 1626) is amended by adding at the end the following:

“(k) Requirements for Determination of Substantial Completion of the WMAT rural water system.—The WMAT rural water system shall be determined to be substantially complete if—

“(1) the infrastructure constructed is capable of storing, diverting, treating, transmitting, and distributing a supply of water as set forth in the final project design described in subsection (c); or

“(2) the Secretary—

“(A) expended all of the available funding provided to construct the WMAT rural water system; and

“(B) despite diligent efforts, cannot complete construction as described in the final project design described in subsection (c) due solely to the lack of additional authorized funding.”.

(c) Enforceability date.—

(1) IN GENERAL.—Section 309(d) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (Public Law 111–291; 124 Stat. 3088; 133 Stat. 2669) is amended—

(A) in paragraph (1)—

(i) by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively; and

(ii) by inserting after subparagraph (C) the following:

“(D) such amount, up to the amount made available under section 312(e)(2), as the Secretary determines to be necessary to construct the WMAT rural water system that is capable of storing, diverting, treating, transmitting, and distributing a supply of water as set forth in the final project design described in section 307(c) has been deposited in the WMAT Cost Overrun Subaccount;”; and

(B) in paragraph (2), by striking “2023” each place it appears and inserting “2025”.

(2) CONFORMING AMENDMENT.—Section 3(b)(2) of the White Mountain Apache Tribe Rural Water System Loan Authorization Act (Public Law 110–390; 122 Stat. 4191; 124 Stat. 3092; 133 Stat. 2669) is amended by striking “beginning on” and all that follows through the period at the end and inserting “beginning on May 1, 2025.”.

(d) Requirement.—Section 310(b) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291; 124 Stat. 3090) is amended by adding at the end the following:

“(3) EXPENDITURES.—If, before the enforceability date under section 309(d), Federal funds are expended to carry out activities identified in subparagraphs (A) or (C) of paragraph (2) in excess of the amounts provided pursuant to the White Mountain Apache Tribe Rural Water System Loan Authorization Act (Public Law 110–390; 122 Stat. 4191), such expenditures shall be accounted for as White Mountain Apache Tribe Water Rights Settlement Subaccount funds.”.

(e) Cost indexing.—Section 312(c) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291; 124 Stat. 3095) is amended to read as follows:

“(c) Cost indexing.—

“(1) WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS SETTLEMENT SUBACCOUNT.—All amounts made available under subsection (a) shall be adjusted as necessary to reflect the changes made since October 1, 2007, with respect to the construction cost indices applicable to the types of construction involved in the construction of the WMAT rural water system and the maintenance of the WMAT rural water system.

“(2) WMAT SETTLEMENT FUND.—All amounts made available under subsection (b)(2) shall be adjusted annually to reflect the changes made since October 1, 2007, with respect to the construction cost indices applicable to the types of construction involved in the construction of the WMAT rural water system and the maintenance of the WMAT rural water system.

“(3) WMAT MAINTENANCE FUND.—All amounts made available under subsection (b)(3) shall be adjusted on deposit to reflect the changes made since October 1, 2007, with respect to the Consumer Price Index for All Urban Consumers West Urban 50,000 to 1,500,000 published by the Bureau of Labor Statistics.

“(4) WMAT COST OVERRUN SUBACCOUNT.—Of the amounts made available under subsection (e)(2)—

“(A) $35,000,000 shall be adjusted as necessary to reflect the changes made since October 1, 2007, with respect to the construction cost indices applicable to the types of construction involved in the construction of the WMAT rural water system and the maintenance of the WMAT rural water system; and

“(B) additional funds, in excess of the amount referred to in subparagraph (A), shall be adjusted as necessary to reflect the changes made since April 1, 2021, with respect to the construction cost indices applicable to the types of construction involved in the construction of the WMAT rural water system and the maintenance of the WMAT rural water system.

“(5) CONSTRUCTION COSTS ADJUSTMENT.—The amounts made available under subsections (a), (b)(2), and (e)(2), shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved.”.

(f) Funding.—Section 312(e)(2)(B) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291; 124 Stat. 3095) is amended by striking “$11,000,000” and inserting “$541,000,000”.

(g) Return to Treasury.—

(1) IN GENERAL.—Section 312(e)(4)(B) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (Public Law 111–291; 124 Stat. 3096) is amended, in the matter preceding clause (i), by striking “shall be” and all that follows through “subsection (b)(2)(C)” and inserting “shall be returned to the general fund of the Treasury”.

(2) CONFORMING AMENDMENT.—Section 312(b)(2) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (Public Law 111–291; 124 Stat. 3093; 132 Stat. 1626) is amended by striking subparagraph (B) and inserting the following:

“(B) TRANSFERS TO FUND.—There is authorized to be appropriated to the Secretary for deposit in the WMAT Settlement Fund $78,500,000.”.

(h) Prohibition.—Section 312(e) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291; 124 Stat. 3096) is amended by adding at the end the following:

“(5) PROHIBITION.—Notwithstanding any other provision of law, any amounts made available under paragraph (2)(B) shall not be made available from the Indian Water Rights Settlement Completion Fund established by section 70101 of the Infrastructure Investment and Jobs Act (25 U.S.C. 149) or the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a)) until 2034.”.

The Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended—

(1) in section 3(e)—

(A) in paragraph (5), by striking “and”;

(B) in paragraph (6), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(7) to minimize the impacts of seawater desalination on aquatic life and coastal ecosystems, including technologies to monitor and reduce those impacts.”; and

(2) in section 8(a)—

(A) by striking “$5,000,000 per year for fiscal years 1997 through 2021” and inserting “$20,000,000 per year for fiscal years 2023 through 2027”; and

(B) by striking “$1,000,000” and inserting “$15,000,000”.

(a) Authorization of appropriations.—Section 104(f)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended by striking “$12,000,000 for each of fiscal years 2022 through 2025” and inserting “$14,000,000 for each of fiscal years 2023 through 2032”.

(b) Additional appropriations where research focused on water problems of interstate nature.—Section 104(g)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended by striking “$3,000,000 for each of fiscal years 2022 through 2025” and inserting “$4,000,000 for each of fiscal years 2023 through 2032”.

(c) Grants.—Section 104(c) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(c)) is amended by—

(1) redesignating paragraph (2) as paragraph (4); and

(2) inserting after paragraph (1) the following:

“(2) ALLOCATION.—From the sums appropriated, the Secretary shall allocate a minimum of—

“(A) 80 percent of the sums to base grants consistent with subsection (f)(1); and

“(B) 20 percent of the sums to research focused on water problems of interstate nature consistent with subsection (g)(1).

“(3) ADDITIONAL SPECIAL PROJECTS.—Any sums Congress delineates for specific topics and water priorities shall fall under subsection (g)(1). All sums under subsection (g)(1), including congressionally delineated sums for specific topics and water priorities, shall not exceed 20 percent of the sums appropriated for the Water Resources Research Act program.”.

(a) Definitions.—In this section:

(1) PROGRAM.—The term “Program” means the Saline Lake Ecosystems in the Great Basin States Assessment and Monitoring Program established under subsection (b).

(2) COORDINATING ENTITIES.—The term “coordinating entities” includes—

(A) Federal, State, Tribal, and local agencies;

(B) institutions of higher education;

(C) nonprofit organizations; and

(D) local stakeholders.

(3) SALINE LAKE ECOSYSTEMS.—The term “saline lake ecosystems” means the ecosystems associated with the following lakes:

(A) Lake Abert in Oregon.

(B) Eagle Lake in California.

(C) Franklin Lake in Nevada.

(D) Goose Lake in California and Oregon.

(E) Great Salt Lake in Utah.

(F) Harney Lake in Oregon.

(G) Honey Lake in California.

(H) Lahontan Valley wetlands, including Carson Lake, Carson Sink, and Stillwater Marsh in Nevada.

(I) Malheur Lake in Oregon.

(J) Mono Lake in California.

(K) Owens Lake in California.

(L) Pyramid Lake in Nevada.

(M) Ruby Lake in Nevada.

(N) Sevier Lake in Utah.

(O) Silver Lake in Oregon.

(P) Summer Lake in Oregon.

(Q) Walker Lake in Nevada.

(R) Warner Lake in Oregon.

(S) Winnemucca Lake in Nevada.

(4) SECRETARY.—The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Geological Survey.

(5) WORK AND IMPLEMENTATION PLAN.—The term “work and implementation plan” means the multiyear work and implementation plan established under subsection (c)(1).

(b) Establishment.—The Secretary shall establish a program to be known as the “Saline Lake Ecosystems in the Great Basin States Assessment and Monitoring Program” to—

(1) assess and monitor the hydrology of saline lake ecosystems and the migratory birds and other wildlife that depend on saline lake ecosystems; and

(2) inform and support coordinated management and conservation actions to benefit saline lake ecosystems, migratory birds, and other wildlife.

(c) Work and implementation plan.—

(1) IN GENERAL.—In carrying out the Program, the Secretary, in coordination with the Director of the United States Fish and Wildlife Service and coordinating entities, shall establish a multiyear work and implementation plan to assess, monitor, and conserve saline lake ecosystems and migratory birds and other wildlife that depend on saline lake ecosystems.

(2) INCLUSIONS.—The work and implementation plan shall include—

(A) a synthesis of available information, literature, and data, and an assessment of scientific and informational needs, relating to saline lake ecosystems with respect to—

(i) water quantity, water quality, water use, and water demand;

(ii) migratory bird and other wildlife populations, habitats, and ecology;

(iii) annual lifecycle needs of migratory birds; and

(iv) environmental changes and other stressors, including climatic stressors;

(B) a description of how the work and implementation plan will address the scientific and informational needs described in subparagraph (A), including monitoring activities, data infrastructure needs, and development of tools necessary to implement the Program;

(C) recommendations and a cost assessment for the work and implementation plan; and

(D) other matters, as determined necessary by the Secretary.

(3) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report describing the work and implementation plan.

(d) Implementation.—The Secretary shall implement the Program based on the information, findings, and recommendations contained in the work and implementation plan.

(e) Cooperative agreements and grants.—The Secretary may use funds made available pursuant to subsection (g) to enter into cooperative funding agreements with, or provide grants to, coordinating entities for the purposes of—

(1) participating in developing, or providing information to inform the development of, the work and implementation plan;

(2) carrying out assessments and monitoring of water quality, quantity, use, and demand under the Program; and

(3) carrying out ecological, biological, and avian assessments and monitoring under the Program.

(f) Effect.—The work and implementation plan shall not affect—

(1) any interstate water compacts in existence on the date of the enactment of this Act, including full development of any apportionment made in accordance with those compacts;

(2) valid and existing water rights in any State located wholly or partially within the Great Basin;

(3) water rights held by the United States in the Great Basin; or

(4) the management and operation of Bear Lake or Stewart Dam, including the storage, management, and release of water.

(g) Authorization of appropriations.—There is authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2023 through 2027 to carry out the Program.

(h) Priority.—In carrying out the Program, the Secretary shall give priority to the following saline lake ecosystems:

(1) Lake Abert in Oregon.

(2) Great Salt Lake in Utah.

(3) Lahontan Valley Wetlands, including Carson Sink, Carson Lake, and Stillwater Marsh in Nevada.

(4) Ruby Lake in Nevada.

(5) Walker Lake in Nevada.

(6) Mono Lake in California.

(7) Owens Lake in California.

(8) Summer Lake in Oregon.

Section 3 of Public Law 106–392 (114 Stat. 1603) is amended—

(1) by striking “2023” each place it appears and inserting “2024”;

(2) in subsection (b)(1), by striking “$179,000,000” and inserting “$184,000,000”;

(3) in subsection (b)(2), by striking “$30,000,000” and inserting “$25,000,000”;

(4) in subsection (h), by striking “, at least 1 year prior to such expiration,”; and

(5) in subsection (j), by striking “2021” each place it appears and inserting “2022”.

Section 9503(f) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(f)) is amended by striking “2023” and inserting “2033”.

Section 529(b)(3) of the Water Resources Development Act of 2000 (114 Stat. 2658; 119 Stat. 2255; 125 Stat. 865) is amended by striking “$30,000,000” and inserting “$55,000,000”.

Section 2507(f) of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3839bb–6(f)) is amended by striking “2023” and inserting “2025”.

(a) Expedited program implementation.—Section 40905(h) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3205(h); 135 Stat. 1124) is amended by striking “Not later than 1 year after the date of enactment of this Act” and inserting “Not later than August 31, 2022”.

(b) Establishment of program.—Section 40907(b) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3207(b); 135 Stat. 1125) is amended by striking “Not later than 1 year after the date of enactment of this Act” and inserting “Not later than August 31, 2022”.

(a) Definitions.—In this section:

(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2) ELIGIBLE ENTITY.—The term “eligible entity” means any of the following:

(A) A State, local, or Tribal government, or any special-purpose unit of such a government (including a municipal water authority).

(B) A public water system.

(C) A nonprofit organization.

(3) ENERGY STAR PROGRAM.—The term “Energy Star program” means the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a).

(4) LOW-INCOME HOUSEHOLD.—The term “low-income household” means a household that meets the income qualifications established under—

(A) section 2605(b)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)); or

(B) the Low-Income Household Drinking Water and Wastewater Emergency Assistance Program authorized by section 533 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 1627).

(5) PUBLIC WATER SYSTEM.—The term “public water system” has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).

(6) WATER EFFICIENCY INCENTIVE PROGRAM.—The term “water efficiency incentive program” means a program for providing incentives, including direct installation services, to residential, commercial, or industrial customers of a public water system for the purchase, lease, installation, use, or implementation, as applicable, of water-efficient upgrades.

(7) WATER-EFFICIENT UPGRADE.—

(A) IN GENERAL.—The term “water-efficient upgrade” means a product, landscape, label, process, or service for a residential, commercial, or industrial building, or the landscape of such a building, that is—

(i) rated for water efficiency and performance under the WaterSense program or the Energy Star program; or

(ii) otherwise determined by the Administrator to improve water-use efficiency.

(B) INCLUSIONS.—The term “water-efficient upgrade” includes—

(i) a faucet;

(ii) a showerhead;

(iii) a dishwasher;

(iv) a toilet;

(v) a clothes washer;

(vi) an irrigation product or service;

(vii) advanced metering infrastructure;

(viii) a flow monitoring device;

(ix) a landscaping or gardening product, including moisture control or water-enhancing technology;

(x) xeriscaping, turf removal, or another landscape conversion that reduces water use (except for the installation of artificial turf); and

(xi) any other product, landscape, process, or service—

(I) certified pursuant to the WaterSense program; or

(II) otherwise determined by the Administrator to reduce water use or water loss, including products rated for water efficiency and performance under the Energy Star program.

(8) WATER LOSS CONTROL PROGRAM.—The term “water loss control program” means a program to identify and quantify water uses and losses, implement controls to reduce or eliminate losses and leaks, and evaluate the effectiveness of such controls.

(9) WATERSENSE PROGRAM.—The term “WaterSense program” means the program established by section 324B of the Energy Policy and Conservation Act (42 U.S.C. 6294b).

(b) Water efficiency and conservation grant program.—

(1) IN GENERAL.—The Administrator shall establish a program to award grants to eligible entities that have established water efficiency incentive programs to carry out those water efficiency incentive programs (referred to in this subsection as the “grant program”).

(2) DISTRIBUTION.—In carrying out the grant program, the Administrator shall award not less than 50 percent of the amounts made available to carry out this subsection in each fiscal year to eligible entities that service an area that—

(A) has been designated as D2 (severe drought) or greater according to the United States Drought Monitor for a minimum of 4 weeks during any of the 3 years preceding the date of the grant award; or

(B) is within a county for which a drought emergency has been declared by the applicable Governor at any time during the 3-year period preceding the date of the grant award.

(3) GRANT AMOUNT.—

(A) IN GENERAL.—Subject to subparagraph (B), a grant awarded under the grant program shall be in an amount that is not less than $250,000.

(B) SMALL PUBLIC WATER SYSTEMS.—The Administrator may award a grant in an amount that is less than $250,000 if the grant is awarded to, or for the benefit of, a public water system that serves fewer than 10,000 customers.

(4) USE OF FUNDS.—An eligible entity receiving a grant under the grant program shall—

(A) use grant funds to carry out a water efficiency incentive program for customers of a public water system; or

(B) provide grant funds to another eligible entity to carry out a water efficiency incentive program described in subparagraph (A).

(5) MINIMUM REQUIREMENT.—An eligible entity receiving a grant under the grant program shall use not less than 40 percent of the amount of the grant to provide water-efficient upgrades to low-income households.

(6) COST SHARE.—

(A) IN GENERAL.—Subject to subparagraph (B), the Federal share of the cost of carrying out a water efficiency incentive program using a grant awarded under the grant program shall not exceed 80 percent.

(B) WAIVER.—The Administrator may increase the Federal share under subparagraph (A) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.

(7) SUPPLEMENT, NOT SUPPLANT.—Amounts provided under a grant under the grant program shall be used to supplement, and not supplant, other Federal, State, local, or Tribal funds made available to carry out water efficiency incentive programs.

(8) AUTHORIZATION OF APPROPRIATIONS.—

(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2023 through 2028.

(B) ADMINISTRATIVE COSTS.—Of the amounts authorized to be appropriated under subparagraph (A) each fiscal year, not more than 4 percent is authorized to pay the administrative costs of the Administrator.

(c) Sustainable water loss control program.—

(1) TECHNICAL ASSISTANCE AND GRANT PROGRAM.—The Administrator shall establish and carry out a program (referred to in this subsection as the “program”)—

(A) to make grants and provide technical assistance to eligible entities to perform annual audits of public water systems that are—

(i) conducted in accordance with the procedures contained in the manual published by the American Water Works Association entitled “M36 Water Audits and Loss Control Programs, Fourth Edition” (or any successor manual determined appropriate by the Administrator); and

(ii) validated under such criteria as may be specified by the Administrator; and

(B) to make grants and provide technical assistance to eligible entities—

(i) to implement controls to address real water losses, apparent water losses, or a combination of real and apparent water losses that are identified in an audit conducted and validated in accordance with the procedures and criteria described in subparagraph (A); and

(ii) to help public water systems that have conducted and validated such an audit establish water loss control programs.

(2) CRITERIA.—In selecting eligible entities to receive grants and technical assistance under the program, the Administrator shall consider—

(A) whether the public water system that would be served by the grants or technical assistance serves a disadvantaged community (as defined in section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(3))); and

(B) the ability of the public water system that would be served by the grants or technical assistance, on completion of an audit conducted and validated in accordance with the procedures and criteria described in paragraph (1)(A)—

(i) to successfully sustain a water loss control program; and

(ii) to demonstrate that the water loss control program will reduce real water losses, apparent water losses, or a combination of real and apparent water losses from the public water system.

(3) ANNUAL WATER SAVINGS.—The Administrator shall—

(A) annually compile, by Environmental Protection Agency region, information on the amount of water savings achieved pursuant to this subsection; and

(B) publish on the website of the Administrator the information compiled under subparagraph (A).

(4) AUTHORIZATION OF APPROPRIATIONS.—

(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection $40,000,000 for each of fiscal years 2023 through 2028, of which—

(i) $20,000,000 each fiscal year is authorized to be appropriated to carry out paragraph (1)(A); and

(ii) $20,000,000 each fiscal year is authorized to be appropriated to carry out paragraph (1)(B).

(B) ADMINISTRATIVE COSTS.—Of the amounts authorized to be appropriated under subparagraph (A) for grants under the program each fiscal year, not more than 4 percent is authorized to be appropriated for the administrative costs of making such grants.

(a) Assessment.—

(1) IN GENERAL.—The Secretary of the Interior shall conduct, in consultation with the Secretary of Energy, an assessment of opportunities to install and maintain photovoltaic solar panels (including floating solar panels) at Bureau of Reclamation facilities.

(2) CONTENTS.—The assessment conducted under paragraph (1) shall—

(A) include a description of the economic, environmental, and technical feasibility of installing and maintaining, or contracting with third parties to install and maintain, photovoltaic solar panels at Bureau of Reclamation facilities;

(B) identify Bureau of Reclamation facilities with a high potential for the installation and maintenance of photovoltaic solar panels and whether such installation and maintenance would require additional authorization;

(C) account for potential impacts of photovoltaic solar panels at Bureau of Reclamation facilities and the authorized purposes of such facilities, including potential impacts related to evaporation suppression, energy yield, dam safety, recreation, water quality, and fish and wildlife;

(D) account for potential damage to floating photovoltaic solar panels from weather, water level fluctuations, recreational co-use and other project uses; and

(E) account for the availability of electric grid infrastructure, including underutilized transmission infrastructure.

(b) Report to Congress.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress, and make publicly available (including on a publicly available website), a report containing the results of the assessment conducted under subsection (a).

This title may be cited as the “Furthering Underutilized Technologies and Unleashing Responsible Expenditures for Western Water and Drought Resiliency Act” or the “FUTURE Western Water and Drought Resiliency Act”.

In this title:

(1) RELEVANT COMMITTEES OF CONGRESS.—The term “relevant committees of Congress” means—

(A) the Committee on Natural Resources of the House of Representatives; and

(B) the Committee on Energy and Natural Resources of the Senate.

(2) RECLAMATION STATE.—The term “Reclamation State” means a State or territory described in the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391).

(3) SECRETARY.—The term “Secretary” means the Secretary of the Interior, unless otherwise defined in a particular provision.

(4) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(a) Short Title.—This section may be cited as the “Water Recycling Investment and Improvement Act”.

(b) Funding priority.—Section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575; 43 U.S.C. 390h et seq.) is amended by striking paragraphs (2) and (3) and inserting the following:

“(2) PRIORITY.—When funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the following criteria:

“(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.”.

(c) Limitation on funding.—Section 1631(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h–13(d)) is amended by striking “$20,000,000 (October 1996 prices)” and inserting “$50,000,000 (July 2022 prices)”.

(d) Authorization of appropriations.—In addition to amounts otherwise available, there is authorized to be appropriated $600,000,000 to remain available until expended for water recycling and reuse projects authorized in accordance with the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) that are—

(1) authorized or approved for construction funding by an Act of Congress; or

(2) selected for funding under the competitive grant program authorized under section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(f)), with funding under this section to be provided in accordance with that section, notwithstanding section 4013 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322), except that section 1602(g)(2) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(g)(2)) shall not apply to amounts made available under this section.

(a) Short title.—This section may be cited as the “Desalination Development Act”.

(b) Desalination projects authorization.—Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended by striking paragraph (2) and inserting the following:

“(2) PROJECTS.—

“(A) DEFINITION OF ELIGIBLE DESALINATION PROJECT.—In this paragraph, the term ‘eligible desalination project’ means any project located in a Reclamation State that—

“(i) involves an ocean or brackish water desalination facility—

“(I) constructed, operated, and maintained by a State, Indian Tribe, irrigation district, water district, or other organization with water or power delivery authority; or

“(II) sponsored or funded by any State, department of a State, subdivision of a State, or public agency organized pursuant to State law, including—

“(aa) direct sponsorship or funding; or

“(bb) indirect sponsorship or funding, such as by paying for the water provided by the facility;

“(ii) provides a Federal benefit in accordance with the reclamation laws; and

“(iii) is consistent with all applicable State and Federal resource protection laws, including the protection of marine protected areas.

“(B) DEFINITION OF DESIGNATED DESALINATION PROJECT.—The term ‘designated desalination project’ means an eligible desalination project that—

“(i) is an ocean desalination project that uses a subsurface intake;

“(ii) has a total estimated cost of $80,000,000 or less; and

“(iii) is designed to serve a community or group of communities that collectively import more than 75 percent of their water supplies.

“(C) COST-SHARING REQUIREMENT.—

“(i) IN GENERAL.—Subject to the requirements of this paragraph, the Federal share of an eligible desalination project carried out under this subsection shall be—

“(I) not more than 25 percent of the total cost of the eligible desalination project; or

“(II) in the case of a designated desalination project, the applicable percentage determined in accordance with clause (ii).

“(ii) COST-SHARING REQUIREMENT FOR CONSTRUCTION COSTS.—In the case of a designated desalination project carried out under this subsection, the Federal share of the cost of construction of the designated desalination project shall not exceed the greater of—

“(I) 35 percent of the total cost of construction, up to a Federal cost of $20,000,000; or

“(II) 25 percent of the total cost of construction.

“(D) STATE ROLE.—The Secretary shall not participate in an eligible desalination project under this paragraph unless—

“(i) (I) the eligible desalination project is included in a State-approved plan; or

“(II) the 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 of the eligible desalination project determines, and the Secretary concurs, that—

“(I) the eligible desalination project—

“(aa) is technically and financially feasible;

“(bb) provides a Federal benefit in accordance with the reclamation laws; and

“(cc) is consistent with applicable State laws, State regulations, State coastal zone management plans, and other State plans such as California’s Water Quality Control Plan for the Ocean Waters in California;

“(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 submits to Congress a written notification of the determinations under clause (ii) by not later than 30 days after the date of the determinations.

“(E) ENVIRONMENTAL LAWS.—In participating in an eligible desalination project under this paragraph, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and State laws implementing the Coastal Zone Management Act.

“(F) INFORMATION.—In participating in an eligible desalination project under this subsection, the Secretary—

“(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 (D).

“(G) FUNDING.—

“(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this paragraph $260,000,000 for the period of fiscal years 2023 through 2027.

“(ii) CONGRESSIONAL APPROVAL INITIALLY REQUIRED.—

“(I) IN GENERAL.—Each initial award under this paragraph for design and study or for construction of an eligible desalination project shall be approved by an Act of Congress.

“(II) RECLAMATION RECOMMENDATIONS.—The Commissioner of Reclamation shall submit recommendations regarding the initial award of preconstruction and construction funding for consideration under subclause (I) to—

“(aa) the Committee on Appropriations of the Senate;

“(bb) the Committee on Energy and Natural Resources of the Senate;

“(cc) the Committee on Appropriations of the House of Representatives; and

“(dd) the Committee on Natural Resources of the House of Representatives.

“(iii) SUBSEQUENT FUNDING AWARDS.—After approval by Congress of an initial award of preconstruction or construction funding for an eligible desalination project under clause (ii), the Commissioner of Reclamation may award additional preconstruction or construction funding, respectively, for the eligible desalination project without further congressional approval.”.

(c) Prioritization for projects.—Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended by striking subsection (c) and inserting the following:

“(c) Prioritization.—In carrying out demonstration and development activities under this section, the Secretary and the Commissioner of Reclamation shall each 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 demonstrably reduce a reliance on imported water supplies that have an impact on species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

“(4) that, in a measurable and verifiable manner, reduce a reliance on imported water supplies from imperiled ecosystems such as the Sacramento-San Joaquin River Delta;

“(5) that demonstrably leverage the experience of international partners with considerable expertise in desalination, such as the State of Israel;

“(6) that maximize use of renewable energy to power desalination facilities;

“(7) that maximize energy efficiency so that the lifecycle energy demands of desalination are minimized;

“(8) located in regions that have employed strategies to increase water conservation and the capture and recycling of wastewater and stormwater; and

“(9) that meet the following criteria, if they are ocean desalination facilities—

“(A) use a subsurface intake or, if a subsurface intake is not technologically feasible, an intake that uses the best available site, design, technology, and mitigation measures to minimize the mortality of all forms of marine life and impacts to coastal dependent resources;

“(B) are sited and designed to ensure that the disposal of wastewaters including brine from the desalination process—

“(i) are not discharged to impaired bodies of water or State or Federal Marine Protected Areas; and

“(ii) achieve ambient salinity levels within a reasonable distance from the discharge point;

“(C) are sited, designed, and operated in a manner that maintains indigenous marine life and a healthy and diverse marine community;

“(D) do not cause significant unmitigated harm to aquatic life; and

“(E) include a construction and operation plan designed to minimize loss of coastal habitat and aesthetic, noise, and air quality impacts.”.

(d) Recommendations to congress.—In determining project recommendations to Congress under section 4(a)(2)(G)(ii)(II) of the Water Desalination Act of 1996, the Commissioner of Reclamation shall establish a priority scoring system that assigns priority scores to each project evaluated based on the prioritization criteria of section 4(c) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298).

(a) In general.—The Secretary shall provide grants within the Reclamation States to assist eligible applicants in planning, designing, or carrying out projects to help disadvantaged communities address a significant decline in the quantity or quality of drinking water.

(b) Eligible applicants.—To be eligible to receive a grant under this section, an applicant shall submit an application to the Secretary that includes a proposal of the project or activity in subsection (c) to be planned, designed, constructed, or implemented, the service area of which—

(1) is not located in a city or town with a population of more than 60,000 residents; and

(2) has a median household income of less than 100 percent of the nonmetropolitan median household income of the State.

(c) Eligible projects.—Projects eligible for grants under this program may be used for—

(1) emergency water supplies;

(2) distributed treatment facilities;

(3) construction of new wells and connections to existing water source systems;

(4) water distribution facilities;

(5) connection fees to existing systems;

(6) assistance to households to connect to water facilities;

(7) local resource sharing, including voluntary agreements between water systems to jointly contract for services or equipment, or to study or implement the physical consolidation of two or more water systems;

(8) technical assistance, planning, and design for any of the activities described in paragraphs (1) through (7); or

(9) any combination of activities described in paragraphs (1) through (8).

(d) Prioritization.—In determining priorities for funding projects, the Secretary shall take into consideration—

(1) where the decline in the quantity or quality of water poses the greatest threat to public health and safety;

(2) the degree to which the project provides a long-term solution to the water needs of the community; and

(3) whether the applicant has the ability to qualify for alternative funding sources.

(e) Maximum amount.—The amount of a grant provided under this section may be up to 100 percent of costs, including—

(1) initial operation costs incurred for startup and testing of project facilities;

(2) costs of components to ensure such facilities and components are properly operational; and

(3) costs of operation or maintenance incurred subsequent to placing the facilities or components into service.

(f) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $100,000,000, to remain available until expended.

(g) Coordination required.—In carrying out this section, the Secretary shall consult with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency to identify opportunities to improve the efficiency, effectiveness, and impact of activities carried out under this section to help disadvantaged communities address a significant decline in the quantity or quality of drinking water.

(a) Definitions.—In this section:

(1) BOARD.—The term “board” means the board established under subsection (c).

(2) ELIGIBLE PERSON.—The term “eligible person” means—

(A) an individual who is—

(i) a citizen or legal resident of the United States; or

(ii) a member of a group that includes citizens or legal residents of the United States;

(B) an entity that is incorporated and maintains its primary place of business in the United States; or

(C) a public water agency.

(3) FINANCIAL AWARD COMPETITION.—The term “financial award competition” means the award competition under subsection (d)(1).

(4) PROGRAM.—The term “program” means the program established under subsection (b).

(b) Water technology award program established.—The Secretary, working through the Bureau of Reclamation, and in coordination with the Secretary of Energy, shall establish a program to award prizes to eligible persons for achievement in one or more of the following applications of water technology:

(1) Demonstration of wastewater and industrial process water purification for reuse or desalination of brackish water or seawater with significantly less energy than current municipally and commercially adopted technologies.

(2) Demonstration of portable or modular desalination units that can process 1 to 5,000,000 gallons per day that could be deployed for temporary emergency uses in coastal communities or communities with brackish groundwater supplies.

(3) Demonstration of significant advantages over current municipally and commercially adopted reverse osmosis technologies as determined by the board established under subsection (c).

(4) Demonstration of significant improvements in the recovery of residual or waste energy from the desalination process.

(5) Reducing open water evaporation.

(c) Establishment of board.—

(1) IN GENERAL.—The Secretary shall establish a board to administer the program.

(2) MEMBERSHIP.—The board shall be composed of not less than 15 and not more than 21 members appointed by the Secretary, of whom not less than 2 shall—

(A) be a representative of the interests of public water districts or other public organizations with water delivery authority;

(B) be a representative of the interests of academic organizations with expertise in the field of water technology, including desalination or water reuse;

(C) be representative of a non-profit conservation organization;

(D) have expertise in administering award competitions; and

(E) be a representative of the Bureau of Reclamation of the Department of the Interior with expertise in the deployment of desalination or water reuse.

(d) Awards.—Subject to the availability of appropriations, the board may make the following awards:

(1) FINANCIAL PRIZE.—A financial award given through a competition in an amount determined before the commencement of the competition to the first competitor to meet such criteria as the board shall establish.

(2) RECOGNITION PRIZE.—A non-monetary award, through which the board recognizes an eligible person for superlative achievement in 1 or more applications described in subsection (a). An award under this paragraph shall not include any financial remuneration.

(e) Administration.—

(1) CONTRACTING.—The board may contract with a private organization to administer a financial award competition described in subsection (d)(1).

(2) SOLICITATION OF FUNDS.—A member of the board or any administering organization with which the board has a contract under paragraph (1) may solicit gifts from private and public entities to be used for a financial award competition.

(3) LIMITATION ON PARTICIPATION OF DONORS.—The board may allow a donor who is a private person described in paragraph (2) to participate in the determination of criteria for an award under subsection (d), but such donor may not solely determine the criteria for such award.

(4) NO ADVANTAGE FOR DONATION.—A donor who is a private person described in paragraph (3) shall not be entitled to any special consideration or advantage with respect to participation in a financial award competition.

(f) Intellectual property.—The Federal Government may not acquire an intellectual property right in any product or idea by virtue of the submission of such product or idea in the financial award competition.

(g) Liability.—The board may require a competitor in a financial award competition to waive liability against the Federal Government for injuries and damages that result from participation in such competition.

(h) Annual report.—Each year, the board shall submit to the relevant committees of Congress a report on the program.

(i) Authorization of appropriations.—There are authorized to be appropriated sums for the program as follows:

(1) For administration of the awards under subsection (d), $750,000 for each fiscal year through fiscal year 2027, to remain available until expended.

(2) For the financial prize award under subsection (d)(1), in addition to any amounts received under subsection (e)(2), $5,000,000 for each fiscal year through fiscal year 2027, to remain available until expended.

(a) In general.—The Secretary, acting through the Bureau of Reclamation, shall establish a program, pursuant to the Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI), the Water Desalination Act of 1996 (Public Law 104–298), and other applicable laws, to promote the expanded use of technology for improving availability and resiliency of water supplies and power deliveries, which shall include investments to enable expanded and accelerated—

(1) deployment of desalination technology; and

(2) use of recycled water.

(b) Authorization of appropriations.—There are authorized to be appropriated $5,000,000 for each fiscal year through fiscal year 2027 for the Secretary to carry out the purposes and provisions of this section.

(a) Federal priority streamgages.—The Secretary shall make every reasonable effort to make operational all streamgages identified as Federal Priority Streamgages by the United States Geological Survey not later than 10 years after the date of the enactment of this Act.

(b) Collaboration with states.—The Secretary shall, to the maximum extent practicable, seek to leverage Federal investments in Federal Priority Streamgages through collaborative partnerships with States and local agencies that invest non-Federal funds to maintain and enhance streamgage networks to improve both environmental quality and water supply reliability.

(c) Authorization of appropriations.—In addition to amounts otherwise available, there is authorized to be appropriated $150,000,000 to the Secretary to carry out this section, to remain available until expended.

In addition to amounts otherwise available, there is authorized to be appropriated $150,000,000 to remain available until expended for design, study, and construction of aquatic ecosystem restoration and protection projects in accordance with section 1109 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260).

In addition to amounts otherwise available, there is authorized to be appropriated $200,000,000 to carry out section 40907 of the Infrastructure Investment and Jobs Act (43 U.S.C. 3207), to remain available until expended.

(a) Authorization of habitat creation program.—The Secretary shall establish a program to incentivize farmers to keep fields flooded during appropriate time periods for the purposes of waterbird habitat creation and maintenance, including waterfowl and shorebird habitat creation and maintenance, provided that—

(1) such incentives may not exceed $3,500,000 annually, either directly or through credits against other contractual payment obligations;

(2) the holder of a water contract receiving payments under this section pass such payments through to farmers participating in the program, less reasonable contractor costs, if any; and

(3) the Secretary determines that habitat creation activities receiving financial support under this section will create new habitat that is not likely to be created without the financial incentives provided under this section.

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

(c) Report.—Not later than October 1, 2023, and every 2 years thereafter, the Secretary shall submit to Congress a report summarizing the environmental performance of activities that are receiving, or have received, assistance under the program authorized by this section.

(a) Report on historic refuge water deliveries.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the relevant committees of Congress and make publicly available a report that describes the following:

(1) Compliance with section 3406(d)(1) and section 3406(d)(2) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575) in each of years 1992 through 2018, including an indication of the amount of water identified as the Level 2 amount and incremental Level 4 amount for each wetland area.

(2) The difference between the mandated quantity of water to be delivered to each wetland habitat area described in section 3406(d)(2) and the actual quantity of water delivered since October 30, 1992, including a listing of every year in which the full delivery of water to wetland habitat areas was achieved in accordance with Level 4 of the “Dependable Water Supply Needs” table, described in section 3406(d)(2) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575).

(3) Which of the authorities granted to the Secretary under Public Law 102–575 to achieve the full Level 4 deliveries of water to wetland habitat areas was employed in achieving the increment of water delivery above the Level 2 amount for each wetland habitat area, including whether water conservation, conjunctive use, water purchases, water leases, donations, water banking, or other authorized activities have been used and the extent to which such authorities have been used.

(4) An assessment of the degree to which the elimination of water transaction fees for the donation of water rights to wildlife refuges would help advance the goals of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575).

(b) Priority construction list.—The Secretary shall establish, through a public process and in consultation with the Interagency Refuge Water Management Team, a priority list for the completion of the conveyance construction projects at the wildlife habitat areas described in section 3406(d)(2) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575), including the Mendota Wildlife Area, Pixley National Wildlife Refuge and Sutter National Wildlife Refuge.

(c) Ecological monitoring and evaluation program.—Not later than 1 year after the date of the enactment of this Act, the Secretary, acting through the Director of the United States Fish and Wildlife Service, shall design and implement an ecological monitoring and evaluation program, for all Central Valley wildlife refuges, that produces an annual report based on existing and newly collected information, including—

(1) the United States Fish and Wildlife Service Animal Health Lab disease reports;

(2) mid-winter waterfowl inventories;

(3) nesting and brood surveys;

(4) additional data collected regularly by the refuges, such as herptile distribution and abundance;

(5) a new coordinated systemwide monitoring effort for at least one key migrant species and two resident species listed as threatened and endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (including one warm-blooded and one cold-blooded), that identifies population numbers and survival rates for the 3 previous years; and

(6) an estimate of the bioenergetic food production benefits to migrant waterfowl, consistent with the methodology used by the Central Valley Joint Venture, to compliment and inform the Central Valley Joint Venture implementation plan.

(d) Adequate staffing for refuge water delivery objectives.—The Secretary shall ensure that adequate staffing is provided to advance the refuge water supply delivery objectives under the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575).

(e) Funding.—There is authorized to be appropriated $25,000,000 to carry out subsections (a) through (d), which shall remain available until expended.

(f) Effect on other funds.—Amounts authorized under this section shall be in addition to amounts collected or appropriated under the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575).

(a) Definitions.—In this section:

(1) CRITICALLY IMPORTANT FISHERIES.—The term “critically important fisheries” means—

(A) commercially and recreationally important fisheries located within the Reclamation States;

(B) fisheries containing fish species that are listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) within the Reclamation States; or

(C) fisheries used by Indian Tribes within the Reclamation States for ceremonial, subsistence, or commercial purposes.

(2) QUALIFIED TRIBAL GOVERNMENT.—The term “qualified Tribal Government” means any government of an Indian Tribe that the Secretary determines—

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

(B) has the management and organizational capability to maximize the benefits of assistance provided under this section.

(b) Drought plan for critically important fisheries.—Not later than January 1, 2024, and every three years thereafter, the Secretary, acting through the Director of the United States Fish and Wildlife Service shall, in consultation with the National Marine Fisheries Service, the Bureau of Reclamation, the Army Corps of Engineers, State fish and wildlife agencies, and affected Indian Tribes, prepare a plan to sustain the survival of critically important fisheries within the Reclamation States during periods of extended drought. The plan shall focus on actions that can aid the survival of critically important fisheries during the driest years. In preparing such plan, the Director shall consider—

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

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

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

(4) coordination with water users, the Bureau of Reclamation, State fish and wildlife agencies, and interested public water agencies regarding voluntary water transfers, including through groundwater substitution activities, to determine if water releases can be collaboratively managed in a way that provides additional benefits for critically important fisheries without negatively impacting wildlife habitat;

(5) hatchery management modifications, such as expanding hatchery production of fish during the driest years, if appropriate for a particular river basin;

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

(7) increasing rescue operations of upstream migrating fish;

(8) improving temperature modeling and related forecasted information to predict water management impacts to the habitat of critically important fisheries with a higher degree of accuracy than current models;

(9) testing the potential for parentage-based tagging and other genetic testing technologies to improve the management of hatcheries;

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

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

(c) Public comment.—The Director of the United States Fish and Wildlife Service shall provide for a public comment period of not less than 90 days before finalizing a plan under subsection (b).

(d) Authorization of appropriations for fish recovery efforts.—There is authorized to be appropriated $25,000,000 for the United States Fish and Wildlife Service for fiscal year 2023 for fish, stream, and hatchery activities related to fish recovery efforts, including work with the National Marine Fisheries Service, the Bureau of Reclamation, the Army Corps of Engineers, State fish and wildlife agencies, or a qualified Tribal Government.

(e) Effect.—Nothing in this section is intended to expand, diminish, or affect any obligation under Federal or State environmental law.

Section 10(a) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) is amended by striking “$15 million through 2021” and inserting “$25,000,000 through 2028”.

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

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

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

(a) General authority.—In accordance with this section, the Secretary may enter into a cooperative agreement or contract or provide financial assistance in the form of a grant, to support activities related to education on water resources.

(b) Eligible activities.—The Secretary may enter into a cooperative agreement or contract or provide financial assistance for activities that improve water resources education, including through tours, publications or other activities that—

(1) disseminate information on water resources via educational tools, materials or programs;

(2) publish relevant information on water resource issues, including environmental and ecological conditions;

(3) advance projects that improve public understanding of water resource issues or management challenges, including education on drought, drought awareness, and drought resiliency;

(4) provide training or related education for teachers, faculty, or related personnel, including in a specific geographic area or region; or

(5) enable tours, conferences, or other activities to foster cooperation in addressing water resources or management challenges, including cooperation relating to water resources shared by the United States and Canada or Mexico.

(c) Grant priority.—In making grants under this section, the Secretary shall give priority to activities that—

(1) provide training for the professional development of legal and technical experts in the field of water resources management; or

(2) help educate the public, teachers or key stakeholders on—

(A) a new or significantly improved water resource management practice, method, or technique;

(B) the existence of a water resource management practice, method, or technique that may have wide application;

(C) a water resource management practice, method, or technique related to a scientific field or skill identified as a priority by the Secretary; or

(D) general water resource issues or management challenges, including as part of a science curricula in elementary or secondary education setting.

This title may be cited as the “Open Access Evapotranspiration Data Act”.

In this title:

(1) EVAPOTRANSPIRATION.—The term “evapotranspiration” or “ET” means the process by which water is transferred from the land to the atmosphere by—

(A) evaporation from soil and other surfaces; and

(B) transpiration from plants.

(2) PROGRAM.—The term “Program” means the Open Access Evapotranspiration (OpenET) Data Program established under section 304(a).

(3) PROGRAM PARTNER.—The term “Program partner” means—

(A) an institution of higher education;

(B) a State (including a State agency);

(C) an Indian Tribe as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304);

(D) a private sector entity;

(E) a nongovernmental organization; or

(F) any other entity determined to be appropriate by the Secretary.

(4) SECRETARY.—The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Geological Survey.

Congress finds that—

(1) evapotranspiration is the second largest component of the water budget, which is an accounting of the allocation of water resources to various water uses;

(2) evapotranspiration is a measure of the water that is consumed and lost from a water system, removed from available supplies, and unavailable for other uses within a watershed;

(3) accurate information on evapotranspiration is required to balance water supply and water demand in a watershed and ensure that adequate water supplies for beneficial uses are available over time;

(4) water users and managers are impeded in more efficient decision making by—

(A) the lack of consistent and comprehensive water use data; and

(B) the fact that access to existing data is often limited and cost-prohibitive; and

(5) evapotranspiration data may be applied for the purposes of—

(A) assisting users and decisionmakers to better manage resources and protect financial viability of farm operations during drought;

(B) developing more accurate water budgets and innovative management programs to better promote conservation and sustainability efforts; and

(C) employing greater groundwater management practices and understanding impacts of consumptive water use.

(a) Establishment.—The Secretary shall establish a program to be known as the “Open Access Evapotranspiration (OpenET) Data Program” under which the Secretary shall provide for the delivery of satellite-based evapotranspiration data, as available, supported by other ET methods—

(1) to advance the quantification of evaporation and consumptive water use; and

(2) to provide data users with estimates of evapotranspiration data across large landscapes over certain periods of time, with a priority for Landsat scale (30–100m) when available.

(b) Purpose.—The purpose of the Program is to support the operational distribution of satellite-based evapotranspiration data generated under the Program to sustain and enhance water resources in the United States.

(c) Duties.—In carrying out the Program, the Secretary shall—

(1) evaluate, use, and modify sources of satellite-based evapotranspiration data, supported by other ET methods, based on best available science and technologies; and

(2) coordinate and consult with—

(A) the heads of other relevant Federal agencies, including—

(i) the Commissioner of Reclamation;

(ii) the Administrator of the National Aeronautics and Space Administration;

(iii) the Administrator of the National Oceanic and Atmospheric Administration;

(iv) the Administrator of the Agricultural Research Service; and

(v) the Chief of the Natural Resources Conservation Service; and

(B) Program partners.

(d) Components.—In carrying out the Program, the Secretary shall, in coordination with other relevant agencies, carry out activities to develop, maintain, establish, expand, or advance delivery of satellite-based evapotranspiration data, supported by other ET methods, to advance the quantification of evaporation and consumptive water use, with an emphasis on carrying out activities that—

(1) support the development and maintenance of evapotranspiration data and software systems and associated research and development in a manner that ensures that Program data are reflective of the best available science, including by providing support to Program partners, or coordinating activities with other programs within the Department of the Interior, that have developed and are maintaining evapotranspiration software systems and datasets;

(2) demonstrate or test new and existing evapotranspiration measurement technology;

(3) improve evapotranspiration measurement science and technology; and

(4) develop or refine the application of satellite-based evapotranspiration data available to Federal agencies, States, and Indian Tribes, including programs within both the Water Resources and Core Science Systems divisions of the United States Geological Survey. These may include—

(A) the Water Availability and Use Science Program, the National Water Census, and Integrated Water Availability Assessments; and

(B) the National Land Imaging Program, the Land Change Science Program, and the Science Analytics and Synthesis Program.

(e) Water use and availability of Program data.—The Secretary—

(1) shall incorporate, to the maximum extent practicable, program information and data for purposes of determining consumptive water use on irrigated or other vegetated landscapes for use by water resource management agencies;

(2) may continue to coordinate data analyses, use, and collection efforts with other Federal agencies, States, and Tribal governments through existing coordinating organizations, such as—

(A) the Western States Water Council; and

(B) the Western States Federal Agency Support Team; and

(3) may provide information collected and analyzed under the Program to Program partners through appropriate mechanisms, including through agreements with Federal agencies, States (including State agencies), or Indian Tribes, leases, contracts, cooperative agreements, grants, loans, and memoranda of understanding.

(f) Cooperative agreements.—The Secretary shall—

(1) enter into cooperative agreements with Program partners to provide for the efficient and cost-effective administration of the Program, including through cost sharing or by providing additional in-kind resources necessary to carry out the Program; and

(2) provide nonreimbursable matching funding, as permissible, for programmatic and operational activities under this section, in consultation with Program partners.

(g) Environmental laws.—Nothing in this title modifies any obligation of the Secretary to comply with applicable Federal and State environmental laws in carrying out this title.

Not later than 5 years after the date of the enactment of this title, the Secretary shall submit to the Committees on Energy and Natural Resources, Agriculture, Nutrition, and Forestry, and Appropriations of the Senate and the Committees on Natural Resources, Agriculture, and Appropriations of the House of Representatives a report that includes—

(1) a status update on the operational incorporation of Program data into modeling, water planning, and reporting efforts of relevant Federal agencies; and

(2) a list of Federal agencies and Program partners that are applying Program data to beneficial use, including a description of examples of beneficial uses.

There is authorized to be appropriated to the Secretary to carry out this title $23,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.

This title may be cited as the “Colorado River Indian Tribes Water Resiliency Act of 2022”.

The purposes of this title are to authorize—

(1) the CRIT to enter into lease or exchange agreements, storage agreements, and agreements for conserved water for the economic well-being of the CRIT; and

(2) the Secretary to approve any lease or exchange agreements, storage agreements, or agreements for conserved water entered into by the CRIT.

In this title:

(1) AGREEMENT FOR CONSERVED WATER.—The term “agreement for conserved water” means an agreement for the creation of system conservation, storage of conserved water in Lake Mead, or other mechanisms for voluntarily leaving a portion of the CRIT reduced consumptive use in Lake Mead.

(2) ALLOTTEE.—The term “allottee” means an individual who holds a beneficial real property interest in an allotment of Indian land that is—

(A) located within the exterior boundaries of the Reservation; and

(B) held in trust by the United States.

(3) CONSOLIDATED DECREE.—The term “Consolidated Decree” means the decree entered by the Supreme Court of the United States in Arizona v. California (547 U.S. 150 (2006)).

(4) CONSUMPTIVE USE.—The term “consumptive use” means a portion of the decreed allocation that has a recent history of use by the CRIT within the exterior boundary of the Reservation. Any verified reduction in consumptive use pursuant to a lease or exchange agreement, storage agreement, or agreement for conserved water, shall be deemed to be a consumptive use in the year in which the reduction occurred, if the reduction is reflected in the Water Accounting Report.

(5) CRIT.—The term “CRIT” means the Colorado River Indian Tribes, a federally recognized Indian Tribe.

(6) DECREED ALLOCATION.—The term “decreed allocation” means the volume of water of the mainstream of the Colorado River allocated to the CRIT that is accounted for as part of the apportionment for the State in part I–A of the Appendix of the Consolidated Decree.

(7) LOWER BASIN.—The term “Lower Basin” has the meaning given the term in article II(g) of the Colorado River Compact of 1922, as approved by Federal law in section 13 of the Boulder Canyon Project Act (43 U.S.C. 617l) and by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000).

(8) PERSON.—The term “person” means an individual, a public or private corporation, a company, a partnership, a joint venture, a firm, an association, a society, an estate or trust, a private organization or enterprise, the United States, an Indian Tribe, a governmental entity, or a political subdivision or municipal corporation organized under, or subject to, the constitution and laws of the State.

(9) RESERVATION.—The term “Reservation” means the portion of the reservation established for the CRIT that is located in the State.

(10) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(11) STATE.—Except for purposes of section 416, the term “State” means the State of Arizona.

(12) STORAGE.—The term “storage” means the underground storage, in accordance with State law, of a portion of the consumptive use off the Reservation within the Lower Basin in the State.

(13) WATER ACCOUNTING REPORT.—The term “Water Accounting Report” means the annual report of the Bureau of Reclamation entitled the “Colorado River Accounting and Water Use Report: Arizona, California, and Nevada” which includes the compilation of records in accordance with article V of the Consolidated Decree.

(a) Authorization.—Notwithstanding section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”; 25 U.S.C. 177) or any other provision of law, the CRIT is authorized, subject to the approval of the Secretary under section 407(a), and has the sole authority, to enter into, with any person, an agreement to lease or exchange, or an option to lease or exchange, a portion of the consumptive use for a use off the Reservation (referred to in this title as a “lease or exchange agreement”), on the condition that the use off the Reservation is located in the Lower Basin in the State and is not in Navajo, Apache, or Cochise counties.

(b) Term of lease or exchange agreement.—The term of any lease or exchange agreement entered into under subsection (a) shall be mutually agreed, except that the term shall not exceed 100 years.

(c) Modifications.—Any lease or exchange agreement entered into under subsection (a) may be renegotiated or modified at any time during the term of the lease or exchange agreement, subject to the approval of the Secretary under section 407(a), on the condition that the term of the renegotiated lease or exchange agreement does not exceed 100 years.

(d) Applicable law.—Any person entering into a lease or exchange agreement with the CRIT under this section shall use the water received under the lease or exchange agreement in accordance with applicable Federal and State law.

(a) Authorization.—Notwithstanding section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”; 25 U.S.C. 177) or any other provision of law, the CRIT is authorized, subject to the approval of the Secretary under section 407(a), and has the sole authority, to enter into an agreement, including with the Arizona Water Banking Authority (or successor agency or entity), for the storage of a portion of the consumptive use, or the water received under an exchange pursuant to an exchange agreement under section 404, at 1 or more underground storage facilities or groundwater savings facilities off the Reservation (referred to in this title as a “storage agreement”), on the condition that the facility is located in the Lower Basin in the State and is not in Navajo, Apache, or Cochise counties.

(b) Applicable law.—Any storage agreement entered into under this section shall be in accordance with applicable Federal and State law.

(c) Delegation of rights.—The CRIT may assign or sell any long-term storage credits accrued as a result of a storage agreement, on the condition that the assignment or sale is in accordance with applicable State law.

(a) Authorization.—Notwithstanding section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”; 25 U.S.C. 177) or any other provision of law, the CRIT is authorized, subject to the approval of the Secretary under section 407(a), and has the sole authority, to enter into, with any person, an agreement for conserved water on the condition that if the conserved water is delivered, the delivery is to a location in the Lower Basin of the State and not in Navajo, Apache, or Cochise counties.

(b) Term of an agreement for conserved water.—The term of any agreement for conserved water entered into under subsection (a) shall be mutually agreed, except that the term shall not exceed 100 years.

(c) Applicable law.—Any person entering into an agreement for conserved water with the CRIT under this section shall use the water received in accordance with applicable Federal and State law.

(a) Authorization.—The Secretary shall approve or disapprove any—

(1) lease or exchange agreement;

(2) modification to a lease or exchange agreement;

(3) storage agreement;

(4) modification to a storage agreement; or

(5) agreement for conserved water.

(b) Secretarial agreements.—The Secretary is authorized to enter lease or exchange agreements, storage agreements, or agreements for conserved water with the CRIT, provided the Secretary pays the fair market value for the CRIT reduced consumptive use.

(c) Requirements.—

(1) IN GENERAL.—The Secretary shall not approve any lease or exchange agreement, or any modification to a lease or exchange agreement, any storage agreement, or any modification to a storage agreement that is not in compliance with—

(A) this title; and

(B) the agreement entered into between the CRIT, the State, and the Secretary under section 410(a).

(2) CONSERVED WATER.—The Secretary shall not approve any agreement for conserved water that is not in compliance with—

(A) this title; and

(B) other applicable Federal law.

(3) PERMANENT ALIENATION.—The Secretary shall not approve any lease or exchange agreement, or any modification to a lease or exchange agreement, or any storage agreement, or modification to a storage agreement, or agreement for conserved water that permanently alienates any portion of the CRIT decreed allocation.

(d) Other requirements.—The requirement for Secretarial approval under subsection (a) shall satisfy the requirements of section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”; 25 U.S.C. 177).

(e) Authority of the secretary.—Nothing in this title, or any agreement entered into or approved by the Secretary under this title, including any lease or exchange agreement, storage agreement, or agreement for conserved water, shall diminish or abrogate the authority of the Secretary to act under applicable Federal law or regulation, including the Consolidated Decree.

(a) Compliance.—When approving a lease or exchange agreement, a storage agreement, or an agreement for conserved water, the Secretary shall promptly comply with all aspects of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other applicable environmental Acts and regulations.

(b) Documentation.—The Secretary shall document any lease or exchange agreement, storage agreement, or agreement for conserved water in the Water Accounting Report.

(a) In general.—Before entering into the first lease or exchange agreement or storage agreement, the CRIT shall enter into an agreement with the State that outlines all notice, information sharing, and collaboration requirements that shall apply to any potential lease or exchange agreement or storage agreement the CRIT may enter into.

(b) Requirement.—The agreement required under subsection (a) shall include a provision that requires the CRIT to submit to the State all documents regarding a potential lease or exchange agreement or storage agreement.

(a) In general.—Before approving the first lease or exchange agreement or storage agreement under section 407, the Secretary shall enter into an agreement with the State and the CRIT that describes the procedural, technical, and accounting methodologies for any lease or exchange agreement or storage agreement the CRIT may enter into, including quantification of the reduction in consumptive use and water accounting.

(b) NEPA.—The execution of the agreement required under subsection (a) shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(c) Effect.—Nothing in this title shall prohibit the Secretary from agreeing with the CRIT and the State to a modification to an agreement entered into under subsection (a) (including an appendix or exhibit to the agreement) if that the modification—

(1) is in compliance with this title; and

(2) does not otherwise require congressional approval under section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”; 25 U.S.C. 177) or any other provision of law.

(a) Temporary use.—A lease or exchange agreement, storage agreement, or agreement for conserved water—

(1) shall provide for the temporary use, storage or conservation of a portion of the consumptive use off the Reservation; and

(2) shall not permanently alienate the decreed allocation.

(b) Priority status.—

(1) IN GENERAL.—The lease or exchange of a portion of the consumptive use shall not cause that portion to lose or change its priority under the Consolidated Decree.

(2) NONUSE.—Any nonuse by a person who is a party to any lease or exchange agreement or storage agreement with the CRIT shall not result in forfeiture, abandonment, relinquishment, or other loss by the CRIT of all or any portion of the decreed allocation.

(c) Reservation of rights.—The lease, exchange, storage, or conservation of a portion of the consumptive use shall not reduce or limit the right of the CRIT to use the remaining portion of the decreed allocation on the Reservation.

(d) Storage agreements.—A storage agreement entered into under this title shall account for the quantity of water in storage off the Reservation in accordance with applicable State law.

(a) Interference.—The lease, exchange, storage, or conservation of a portion of the consumptive use shall not directly or indirectly interfere with, or diminish, any entitlement to water for an allottee under Federal or Tribal law.

(b) Water rights of allottees.—The Secretary shall protect the rights of the allottees to a just and equitable distribution of water for irrigation purposes, pursuant to section 7 of the Act of February 8, 1887 (commonly known as the “Indian General Allotment Act”; 24 Stat. 390, chapter 119; 25 U.S.C. 381) (referred to in this section as the “Act”).

(c) Relief under tribal law.—Prior to asserting any claim against the United States pursuant to the Act, or any other applicable law, an allottee shall exhaust all remedies available under applicable Tribal law.

(d) Relief under the indian general allotment act.—Following an exhaustion of remedies available under applicable Tribal law, an allottee may seek relief under the Act, or any other applicable law.

(e) Relief from the secretary.—Following exhaustion of remedies available under the Act, or any other applicable law, an allottee may petition the Secretary for relief.

The CRIT, and not the United States in any capacity, shall be entitled to all consideration due to the CRIT under any lease or exchange agreement, storage agreement, or agreement for conserved water.

(a) Limitation of liability.—The United States shall not be liable to the CRIT or to any party to a lease or exchange agreement, storage agreement, or agreement for conserved water in any claim relating to the negotiation, execution, or approval of any lease or exchange agreement, storage agreement, or an agreement for conserved water, including any claim relating to the terms included in such an agreement, except for claims related to section 408(a).

(b) Obligations.—The United States shall have no trust obligation or other obligation to monitor, administer, or account for—

(1) any funds received by the CRIT as consideration under any lease or exchange agreement, storage agreement, or agreement for conserved water; or

(2) the expenditure of such funds.

(a) In general.—This title shall apply only to the portion of the decreed allocation that is available for use in the State.

(b) Requirement.—The portion of the decreed allocation that is available for use in the State shall not be used, directly or indirectly, outside the Lower Basin in the State or in Navajo, Apache, or Cochise counties.

Nothing in this title establishes, or shall be considered to establish, a precedent in any litigation involving, or alters, affects, or quantifies, any water right with respect to—

(1) the United States;

(2) any other Indian Tribe, band, or community;

(3) any State or political subdivision or district of a State; or

(4) any person.

This title may be cited as the “Hualapai Tribe Water Rights Settlement Act of 2022”.

The purposes of this title are—

(1) to resolve, fully and finally, all claims to rights to water in the State, including the Verde River, the Bill Williams River, and the Colorado River, of—

(A) the Hualapai Tribe, on behalf of the Hualapai Tribe and the members of the Hualapai Tribe; and

(B) the United States, acting as trustee for the Hualapai Tribe, the members of the Hualapai Tribe, and the allottees;

(2) to authorize, ratify, and confirm the Hualapai Tribe water rights settlement agreement, to the extent that agreement is consistent with this title;

(3) to authorize and direct the Secretary to execute and perform the duties and obligations of the Secretary under the Hualapai Tribe water rights settlement agreement and this title; and

(4) to authorize the appropriation of funds necessary to carry out the Hualapai Tribe water rights settlement agreement and this title.

In this title:

(1) 1947 JUDGMENT.—The term “1947 Judgment” means the Judgment and the Stipulation and Agreement, including exhibits to the Judgment and the Stipulation and Agreement, entered on March 13, 1947, in United States v. Santa Fe Pac. R.R. Co., No. E–190 (D. Ariz.) and attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.1.

(2) AFY.—The term “AFY” means acre-feet per year.

(3) ALLOTMENT.—The term “allotment” means any of the 4 off-reservation parcels that are—

(A) held in trust by the United States for individual Indians in the Big Sandy River basin in Mohave County, Arizona, under the patents numbered 1039995, 1039996, 1039997, and 1019494; and

(B) identified as Parcels 1A, 1B, 1C, and 2 on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6.

(4) ALLOTTEE.—The term “allottee” means any Indian owner of an allotment.

(5) AVAILABLE CAP SUPPLY.—The term “available CAP supply” means, for any year—

(A) all fourth priority water available for delivery through the Central Arizona Project;

(B) water available from Central Arizona Project dams and reservoirs other than the Modified Roosevelt Dam; and

(C) return flows captured by the Secretary for Central Arizona Project use.

(6) BILL WILLIAMS ACT.—The term “Bill Williams Act” means the Bill Williams River Water Rights Settlement Act of 2014 (Public Law 113–223; 128 Stat. 2096).

(7) BILL WILLIAMS AGREEMENTS.—The term “Bill Williams agreements” means the Amended and Restated Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, including all exhibits to each agreement, copies of which (excluding exhibits) are attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.11.

(8) BILL WILLIAMS RIVER PHASE 2 ENFORCEABILITY DATE.—The term “Bill Williams River Phase 2 Enforceability Date” means the date described in section 514(d).

(9) BILL WILLIAMS RIVER PHASE 2 WATER RIGHTS SETTLEMENT AGREEMENT.—The term “Bill Williams River phase 2 water rights settlement agreement” means the agreement of that name that is attached to, and incorporated in, the Hualapai Tribe water rights settlement agreement as Exhibit 4.3.3.

(10) CAP CONTRACT.—The term “CAP contract” means a long-term contract (as defined in the CAP repayment stipulation) with the United States for delivery of CAP water through the CAP system.

(11) CAP CONTRACTOR.—The term “CAP contractor”—

(A) means a person that has entered into a CAP contract; and

(B) includes the Hualapai Tribe.

(12) CAP FIXED OM&R CHARGE.—The term “CAP fixed OM&R charge” has the meaning given the term “Fixed OM&R Charge” in the CAP repayment stipulation.

(13) CAP M&I PRIORITY WATER.—The term “CAP M&I priority water” means water within the available CAP supply having a municipal and industrial delivery priority.

(14) CAP NIA PRIORITY WATER.—The term “CAP NIA priority water” means water within the available CAP supply having a non-Indian agricultural delivery priority.

(15) CAP OPERATING AGENCY.—The term “CAP operating agency” means—

(A) the 1 or more entities authorized to assume responsibility for the care, operation, maintenance, and replacement of the CAP system; and

(B) as of the date of the enactment of this title, the Central Arizona Water Conservation District.

(16) CAP PUMPING ENERGY CHARGE.—The term “CAP pumping energy charge” has the meaning given the term “Pumping Energy Charge” in the CAP repayment stipulation.

(17) CAP REPAYMENT CONTRACT.—The term “CAP repayment contract” means—

(A) the contract dated December 1, 1988 (Contract No. 14–06–W–245, Amendment No. 1), between the United States and the Central Arizona Water Conservation District for the Delivery of Water and Repayment of Costs of the Central Arizona Project; and

(B) any amendment to, or revision of, that contract.

(18) CAP REPAYMENT STIPULATION.—The term “CAP repayment stipulation” means the Stipulated Judgment and the Stipulation for Judgment, including any exhibits to those documents, entered on November 21, 2007, in the United States District Court for the District of Arizona in the consolidated civil action Central Arizona Water Conservation District v. United States, numbered CIV 95–625–TUC–WDB (EHC) and CIV 95–1720–PHX–EHC.

(19) CAP SUBCONTRACT.—The term “CAP subcontract” means a long-term subcontract (as defined in the CAP repayment stipulation) with the United States and the Central Arizona Water Conservation District for the delivery of CAP water through the CAP system.

(20) CAP SUBCONTRACTOR.—The term “CAP subcontractor” means a person that has entered into a CAP subcontract.

(21) CAP SYSTEM.—The term “CAP system” means—

(A) the Mark Wilmer Pumping Plant;

(B) the Hayden-Rhodes Aqueduct;

(C) the Fannin-McFarland Aqueduct;

(D) the Tucson Aqueduct;

(E) any pumping plant or appurtenant work of a feature described in subparagraph (A), (B), (C), or (D); and

(F) any extension of, addition to, or replacement for a feature described in subparagraph (A), (B), (C), (D), or (E).

(22) CAP WATER.—The term “CAP water” has the meaning given the term “Project Water” in the CAP repayment stipulation.

(23) CENTRAL ARIZONA PROJECT.—The term “Central Arizona Project” means the reclamation project authorized and constructed by the United States in accordance with title III of the Colorado River Basin Project Act (43 U.S.C. 1521 et seq.).

(24) CENTRAL ARIZONA WATER CONSERVATION DISTRICT.—The term “Central Arizona Water Conservation District” means the political subdivision of the State that is the contractor under the CAP repayment contract.

(25) COLORADO RIVER COMPACT.—The term “Colorado River Compact” means the Colorado River Compact of 1922, as ratified and reprinted in article 2 of chapter 7 of title 45, Arizona Revised Statutes.

(26) COLORADO RIVER WATER ENTITLEMENT.—The term “Colorado River water entitlement” means the right or authorization to use Colorado River water in the State through a mainstem contract with the Secretary pursuant to section 5 of the Boulder Canyon Project Act (43 U.S.C. 617d).

(27) DIVERSION.—The term “diversion” means an act to divert.

(28) DIVERT.—The term “divert” means to receive, withdraw, develop, produce, or capture water using—

(A) a ditch, canal, flume, bypass, pipeline, pit, collection or infiltration gallery, conduit, well, pump, turnout, dam, or any other mechanical device; or

(B) any other act of man.

(29) DOMESTIC PURPOSE.—

(A) IN GENERAL.—The term “domestic purpose” means any use relating to the supply, service, or activity of a household or private residence.

(B) INCLUSIONS.—The term “domestic purpose” includes the application of water to not more than 2 acres of land to produce a plant or parts of a plant for—

(i) sale or human consumption; or

(ii) use as feed for livestock, range livestock, or poultry.

(30) EFFLUENT.—The term “effluent” means water that—

(A) has been used in the State for domestic, municipal, or industrial purposes, other than solely for hydropower generation; and

(B) is available for reuse for any purpose, regardless or whether the water has been treated to improve the quality of the water.

(31) ENFORCEABILITY DATE.—The term “Enforceability Date” means the date described in section 514(a).

(32) EXCHANGE.—The term “exchange” means a trade between 1 or more persons of any water for any other water, if each person has a right or claim to use the water the person provides in the trade, regardless of whether the water is traded in equal quantities or other consideration is included in the trade.

(33) FOURTH PRIORITY WATER.—The term “fourth priority water” means Colorado River water that is available for delivery in the State for the satisfaction of entitlements—

(A) in accordance with contracts, Secretarial reservations, perfected rights, and other arrangements between the United States and water users in the State entered into or established after September 30, 1968, for use on Federal, State, or privately owned land in the State, in a total quantity of not greater than 164,652 AFY of diversions; and

(B) after first providing for the delivery of Colorado River water for the CAP system, including for use on Indian land, under section 304(e) of the Colorado River Basin Project Act (43 U.S.C. 1524(e)), in accordance with the CAP repayment contract.

(34) FREEPORT.—The term “Freeport”—

(A) means the Delaware corporation named “Freeport Minerals Corporation”; and

(B) includes all subsidiaries, affiliates, successors, and assigns of Freeport Minerals Corporation, including Byner Cattle Company, a Nevada corporation.

(35) GILA RIVER ADJUDICATION.—The term “Gila River adjudication” means the action pending in the Superior Court of the State, in and for the County of Maricopa, In Re the General Adjudication of All Rights To Use Water In The Gila River System and Source, W–1 (Salt), W–2 (Verde), W–3 (Upper Gila), W–4 (San Pedro) (Consolidated).

(36) GILA RIVER ADJUDICATION COURT.—The term “Gila River adjudication court” means the Superior Court of the State, in and for the County of Maricopa, exercising jurisdiction over the Gila River adjudication.

(37) GILA RIVER ADJUDICATION DECREE.—The term “Gila River adjudication decree” means the judgment or decree entered by the Gila River adjudication court in substantially the same form as the form of judgment attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.43.

(38) GROUNDWATER.—The term “groundwater” means all water beneath the surface of the Earth within the State that is not—

(A) surface water;

(B) effluent; or

(C) Colorado River water.

(39) HUALAPAI FEE LAND.—The term “Hualapai fee land” means land, other than Hualapai trust land, that—

(A) is located in the State;

(B) is located outside the exterior boundaries of the Hualapai Reservation or Hualapai trust land; and

(C) as of the Enforceability Date, is owned by the Hualapai Tribe, including by a tribally owned corporation.

(40) HUALAPAI LAND.—The term “Hualapai land” means—

(A) the Hualapai Reservation;

(B) Hualapai trust land; and

(C) Hualapai fee land.

(41) HUALAPAI RESERVATION.—The term “Hualapai Reservation” means the land within the exterior boundaries of the Hualapai Reservation, including—

(A) all land withdrawn by the Executive order dated January 4, 1883, as modified by the May 28, 1942, order of the Secretary pursuant to the Act of February 20, 1925 (43 Stat. 954, chapter 273);

(B) the land identified by the Executive orders dated December 22, 1898, May 14, 1900, and June 2, 1911; and

(C) the land added to the Hualapai Reservation by sections 511 and 512.

(42) HUALAPAI TRIBE.—The term “Hualapai Tribe” means the Hualapai Tribe, a federally recognized Indian Tribe of Hualapai Indians organized under section 16 of the Act of June 18, 1934 (25 U.S.C. 5123; commonly known as the “Indian Reorganization Act”).

(43) HUALAPAI TRIBE CAP WATER.—The term “Hualapai Tribe CAP water” means the 4,000 AFY of the CAP NIA priority water that—

(A) was previously allocated to non-Indian agricultural entities;

(B) was retained by the Secretary for reallocation to Indian Tribes in the State pursuant to section 104(a)(1)(A)(iii) of the Central Arizona Project Settlement Act of 2004 (Public Law 108–451; 118 Stat. 3487); and

(C) is reallocated to the Hualapai Tribe pursuant to section 513.

(44) HUALAPAI TRIBE WATER DELIVERY CONTRACT.—The term “Hualapai Tribe water delivery contract” means the contract entered into in accordance with the Hualapai Tribe water rights settlement agreement and section 513(c) for the delivery of Hualapai Tribe CAP water.