S.Amdt. 2208

SA 2208. Ms. McSALLY submitted an amendment intended to be proposed
by her to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE XLVIII--BUREAU OF RECLAMATION PROVISIONS

Subtitle A--Water Supply Infrastructure Rehabilitation and Utilization

SEC. 4801. AGING INFRASTRUCTURE ACCOUNT.

Section 9603 of the Omnibus Public Land Management Act of
2009 (43 U.S.C. 510b) is amended by adding at the end the
following:
``(d) Aging Infrastructure Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury a special account, to be known as the
`Aging Infrastructure Account' (referred to in this
subsection as the `Account'), to provide funds to, and
provide for the extended repayment of the funds by, a
transferred works operating entity or project beneficiary
responsible for repayment of reimbursable costs for the
conduct of extraordinary operation and maintenance work at a
project facility, which shall consist of--
``(A) any amounts that are specifically appropriated to the
Account under section 9605; and
``(B) any amounts deposited in the Account under paragraph
(3)(B).
``(2) Expenditures.--Subject to appropriations and
paragraph (3), the Secretary may expend amounts in the
Account to fund and provide for extended repayment of the
funds for eligible projects identified in a report submitted
under paragraph (5)(A).
``(3) Repayment contract.--
``(A) In general.--The Secretary may not expend amounts
under paragraph (2) with respect to an eligible project
described in that paragraph unless the transferred works
operating entity or project beneficiary responsible for
repayment of reimbursable costs has entered into a contract
to repay the amounts under subsection (b)(2).
``(B) Deposit of repaid funds.--Amounts repaid by a
transferred works operating entity or project beneficiary
responsible for repayment of reimbursable costs receiving
funds under a repayment contract entered into under this
subsection shall be deposited in the Account and shall be
available to the Secretary for expenditure in accordance with
this subsection without further appropriation.
``(4) Application for funding.--
``(A) In general.--Not less than once per fiscal year, the
Secretary shall accept, during an application period
established by the Secretary, applications from transferred
works operating entities or project beneficiaries responsible
for payment of reimbursable costs for funds and extended
repayment for eligible projects.
``(B) Eligible project.--A project eligible for funding and
extended repayment under this subsection is a project that--
``(i) qualifies as an extraordinary operation and
maintenance work under this section;
``(ii) is for the major, non-recurring maintenance of a
mission-critical asset; and
``(iii) is not eligible to be carried out or funded under
the repayment provisions of section 4(c) of the Reclamation
Safety of Dams Act of 1978 (43 U.S.C. 508(c)).
``(C) Guidelines for applications.--Not later than 60 days
after the date of enactment of this subsection, the Secretary
shall issue guidelines describing the information required to
be provided in an application for funds and extended
repayment under this subsection that require, at a minimum--
``(i) a description of the project for which the funds are
requested;
``(ii) the amount of funds requested;
``(iii) the repayment period requested by the transferred
works operating entity or project beneficiary responsible for
repayment of reimbursable costs;
``(iv) alternative non-Federal funding options that have
been evaluated;
``(v) the financial justification for requesting an
extended repayment period; and
``(vi) the financial records of the transferred works
operating entity or project beneficiary responsible for
repayment of reimbursable costs.
``(D) Review by the secretary.--The Secretary shall review
each application submitted under subparagraph (A)--
``(i) to determine whether the project is eligible for
funds and an extended repayment period under this subsection;
``(ii) to determine if the project has been identified by
the Bureau of Reclamation as part of the major rehabilitation
and replacement of a project facility; and
``(iii) to conduct a financial analysis of--

``(I) the project; and
``(II) the transferred works operating entity or project
beneficiary responsible for repayment of reimbursable costs.

``(5) Report.--Not later than 90 days after the date on
which an application period closes under paragraph (4)(A),
the Secretary shall submit to the Committees on Energy and
Natural Resources and Appropriations of the Senate and the
Committees on Natural Resources and Appropriations of the
House of Representatives a report that--
``(A) identifies each project eligible for funds and
extended repayment under this subsection;
``(B) with respect to each eligible project identified
under subparagraph (A), includes--
``(i) a description of--

``(I) the eligible project;
``(II) the anticipated cost and duration of the eligible
project; and
``(III) any remaining engineering or environmental
compliance that is required before the eligible project
commences;

``(ii) an analysis of--

``(I) the repayment period proposed in the application; and
``(II) if the Secretary recommends a minimum necessary
repayment period that is different than the repayment period
proposed in the application, the minimum necessary repayment
period recommended by the Secretary; and

``(iii) an analysis of alternative non-Federal funding
options; and
``(C) describes the balance of funds in the Account as of
the date of the report.
``(6) Effect of subsection.--Nothing in this subsection
affects--
``(A) any funding provided, or contracts entered into,
under subsection (a) before the date of enactment of this
subsection; or
``(B) the use of funds otherwise made available to the
Secretary to carry out subsection (a).''.

[[Page S3618]]

SEC. 4802. AUTHORIZATION OF APPROPRIATIONS FOR THE
RECLAMATION SAFETY OF DAMS ACT OF 1978.

Section 5 of the Reclamation Safety of Dams Act of 1978 (43
U.S.C. 509) is amended, in the first sentence, by inserting
``, and, effective October 1, 2019, not to exceed an
additional $550,000,000 (October 1, 2019, price levels)''
before ``, plus or minus''.

Subtitle B--Aquifer Recharge Flexibility

SEC. 4811. DEFINITIONS.

In this subtitle:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(3) Eligible land.--The term ``eligible land'', with
respect to a Reclamation project, means land that--
(A) is authorized to receive water under State law; and
(B) shares an aquifer with land located in the service area
of the Reclamation project.
(4) Net water storage benefit.--The term ``net water
storage benefit'' means an increase in the volume of water
that is--
(A) stored in 1 or more aquifers; and
(B)(i) available for use within the authorized service area
of a Reclamation project; or
(ii) stored on a long-term basis to avoid or reduce
groundwater overdraft.
(5) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau at a Reclamation project.
(6) Reclamation project.--The term ``Reclamation project''
means any reclamation or irrigation project, including
incidental features thereof, authorized by Federal
reclamation law or the Act of August 11, 1939 (commonly known
as the ``Water Conservation and Utilization Act'') (53 Stat.
1418, chapter 717; 16 U.S.C. 590y et seq.), or constructed by
the United States pursuant to such law, or in connection with
which there is a repayment or water service contract executed
by the United States pursuant to such law, or any project
constructed by the Secretary through the Bureau for the
reclamation of land.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 4812. FLEXIBILITY TO ALLOW GREATER AQUIFER RECHARGE IN
WESTERN STATES.

(a) Use of Reclamation Facilities.--
(1) In general.--The Commissioner may allow the use of
excess capacity in Reclamation facilities for aquifer
recharge of non-Reclamation project water, subject to
applicable rates, charges, and public participation
requirements, on the condition that--
(A) the use--
(i) shall not be implemented in a manner that is
detrimental to--

(I) any power service or water contract for the Reclamation
project; or
(II) any obligations for fish, wildlife, or water quality
protection applicable to the Reclamation project;

(ii) shall be consistent with water quality guidelines for
the Reclamation project;
(iii) shall comply with all applicable--

(I) Federal laws; and
(II) policies of the Bureau; and

(iv) shall comply with all applicable State laws and
policies; and
(B) the non-Federal party to an existing contract for water
or water capacity in a Reclamation facility consents to the
use of the Reclamation facility under this subsection.
(2) Effect on existing contracts.--Nothing in this
subsection affects a contract--
(A) in effect on the date of enactment of this Act; and
(B) under which the use of excess capacity in a Bureau
conveyance facility for carriage of non-Reclamation project
water for aquifer recharge is allowed.
(b) Aquifer Recharge on Eligible Land.--
(1) In general.--Subject to paragraphs (3) and (4), the
Secretary may contract with a holder of a water service or
repayment contract for a Reclamation project to allow the
contractor, in accordance with applicable State laws and
policies--
(A) to directly use water available under the contract for
aquifer recharge on eligible land; or
(B) to enter into an agreement with an individual or entity
to transfer water available under the contract for aquifer
recharge on eligible land.
(2) Authorized project use.--The use of a Reclamation
facility for aquifer recharge under paragraph (1) shall be
considered an authorized use for the Reclamation project if
requested by a holder of a water service or repayment
contract for the Reclamation facility.
(3) Modifications to contracts.--The Secretary may contract
with a holder of a water service or repayment contract for a
Reclamation project under paragraph (1) if the Secretary
determines that a new contract or contract amendment
described in that paragraph is--
(A) necessary to allow for the use of water available under
the contract for aquifer recharge under this subsection;
(B) in the best interest of the Reclamation project and the
United States; and
(C) approved by the contractor that is responsible for
repaying the cost of construction, operations, and
maintenance of the facility that delivers the water under the
contract.
(4) Requirements.--The use of Reclamation facilities for
the use or transfer of water for aquifer recharge under this
subsection shall be subject to the requirements that--
(A) the use or transfer shall not be implemented in a
manner that materially impacts any power service or water
contract for the Reclamation project; and
(B) before the use or transfer, the Secretary shall
determine that the use or transfer--
(i) results in a net water storage benefit for the
Reclamation project; or
(ii) contributes to the recharge of an aquifer on eligible
land; and
(C) the use or transfer complies with all applicable--
(i) Federal laws and policies; and
(ii) interstate water compacts.
(c) Conveyance for Aquifer Recharge Purposes.--The holder
of a right-of-way, easement, permit, or other authorization
to transport water across public land administered by the
Bureau of Land Management may transport water for aquifer
recharge purposes without requiring additional authorization
from the Secretary where the use does not expand or modify
the operation of the right-of-way, easement, permit, or other
authorization across public land.
(d) Effect.--Nothing in this subtitle creates, impairs,
alters, or supersedes a Federal or State water right.
(e) Exemption.--This subtitle shall not apply to the State
of California.

Subtitle C--Clean Water for Rural Communities

SEC. 4821. PURPOSE.

The purpose of this subtitle is to ensure a safe and
adequate municipal, rural, and industrial water supply for
the citizens of--
(1) Dawson, Garfield, McCone, Prairie, Richland, Judith
Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and
Musselshell Counties in the State of Montana; and
(2) McKenzie County, North Dakota.

SEC. 4822. DEFINITIONS.

In this subtitle:
(1) Authority.--The term ``Authority'' means--
(A) the Central Montana Regional Water Authority, a
publicly owned nonprofit water authority formed in accordance
with Mont. Code Ann. Sec. 75-6-302 (2007); and
(B) any nonprofit successor entity to the Authority
described in subparagraph (A).
(2) Musselshell-judith rural water system.--The term
``Musselshell-Judith Rural Water System'' means the
Musselshell-Judith Rural Water System authorized under
section 4823(a), with a project service area that includes--
(A) Judith Basin, Wheatland, Golden Valley, and Musselshell
Counties in the State;
(B) the portion of Yellowstone County in the State within 2
miles of State Highway 3 and within 4 miles of the county
line between Golden Valley and Yellowstone Counties in the
State, inclusive of the Town of Broadview, Montana; and
(C) the portion of Fergus County in the State within 2
miles of U.S. Highway 87 and within 4 miles of the county
line between Fergus and Judith Basin Counties in the State,
inclusive of the Town of Moore, Montana.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Montana.

SEC. 4823. MUSSELSHELL-JUDITH RURAL WATER SYSTEM.

(a) Authorization.--The Secretary may carry out the
planning, design, and construction of the Musselshell-Judith
Rural Water System in a manner that is substantially in
accordance with the feasibility report entitled
``Musselshell-Judith Rural Water System Feasibility Report''
(including any and all revisions of the report).
(b) Cooperative Agreement.--The Secretary shall enter into
a cooperative agreement with the Authority to provide Federal
assistance for the planning, design, and construction of the
Musselshell-Judith Rural Water System.
(c) Cost-sharing Requirement.--
(1) Federal share.--
(A) In general.--The Federal share of the costs relating to
the planning, design, and construction of the Musselshell-
Judith Rural Water System shall not exceed 65 percent of the
total cost of the Musselshell-Judith Rural Water System.
(B) Limitation.--Amounts made available under subparagraph
(A) shall not be returnable or reimbursable under the
reclamation laws.
(2) Use of federal funds.--
(A) General uses.--Subject to subparagraph (B), the
Musselshell-Judith Rural Water System may use Federal funds
made available to carry out this section for--
(i) facilities relating to--

(I) water pumping;
(II) water treatment;
(III) water storage;
(IV) water supply wells;
(V) distribution pipelines; and
(VI) control systems;

(ii) transmission pipelines;
(iii) pumping stations;
(iv) appurtenant buildings, maintenance equipment, and
access roads;
(v) any interconnection facility that connects a pipeline
of the Musselshell-Judith Rural Water System to a pipeline of
a public water system;
(vi) electrical power transmission and distribution
facilities required for the operation and maintenance of the
Musselshell-Judith Rural Water System;

[[Page S3619]]

(vii) any other facility or service required for the
development of a rural water distribution system, as
determined by the Secretary; and
(viii) any property or property right required for the
construction or operation of a facility described in this
subsection.
(B) Limitation.--Federal funds made available to carry out
this section shall not be used for the operation,
maintenance, or replacement of the Musselshell-Judith Rural
Water System.
(C) Title.--Title to the Musselshell-Judith Rural Water
System shall be held by the Authority.

SEC. 4824. DRY-REDWATER FEASIBILITY STUDY.

(a) Definitions.--In this section:
(1) Dry-redwater regional water authority.--The term ``Dry-
Redwater Regional Water Authority'' means--
(A) the Dry-Redwater Regional Water Authority, a publicly
owned nonprofit water authority formed in accordance with
Mont. Code Ann. 75-6-302 (2007); and
(B) any nonprofit successor entity to the Authority
described in subparagraph (A).
(2) Dry-redwater regional water authority system.--The term
``Dry-Redwater Regional Water Authority System'' means the
project entitled the ``Dry-Redwater Regional Water Authority
System'', with a project service area that includes--
(A) Garfield and McCone Counties in the State;
(B) the area west of the Yellowstone River in Dawson and
Richland Counties in the State;
(C) T. 15 N. (including the area north of the Township) in
Prairie County in the State; and
(D) the portion of McKenzie County, North Dakota, that
includes all land that is located west of the Yellowstone
River in the State of North Dakota.
(3) Reclamation feasibility standards.--The term
``reclamation feasibility standards'' means the eligibility
criteria and feasibility study requirements described in
section 106 of the Reclamation Rural Water Supply Act of 2006
(43 U.S.C. 2405) (as in effect on September 29, 2016).
(4) Submitted feasibility study.--The term ``submitted
feasibility study'' means the feasibility study entitled
``Dry-Redwater Regional Water System Feasibility Study''
(including revisions of the study), which received funding
from the Bureau of Reclamation on September 1, 2010.
(b) Study.--
(1) In general.--The Secretary, in consultation with the
Dry-Redwater Regional Water Authority, may undertake a study,
including a review of the submitted feasibility study, to
determine the feasibility of constructing the Dry-Redwater
Regional Water System.
(2) Requirement.--The study under paragraph (1) shall
comply with the reclamation feasibility standards.
(c) Cooperative Agreement.--If the Secretary determines
that the study under subsection (b) does not comply with the
reclamation feasibility standards, the Secretary may enter
into a cooperative agreement with the Dry-Redwater Regional
Water Authority to complete additional work to ensure that
the study complies with the reclamation feasibility
standards.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $5,000,000 to carry out
this section.
(e) Termination.--The authority provided by this section
shall expire on the date that is 5 years after the date of
enactment of this Act.

SEC. 4825. WATER RIGHTS.

Nothing in this subtitle--
(1) preempts or affects any State water law; or
(2) affects any authority of a State, as in effect on the
date of enactment of this Act, to manage water resources
within that State.

SEC. 4826. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization.--There is authorized to be appropriated
to carry out the planning, design, and construction of the
Musselshell-Judith Rural Water System, substantially in
accordance with the cost estimate set forth in the
feasibility report described in section 4823(a), $56,650,000.
(b) Cost Indexing.--The amount authorized to be
appropriated under subsection (a) may be increased or
decreased in accordance with ordinary fluctuations in
development costs incurred after November 1, 2014, as
indicated by any available engineering cost indices
applicable to construction activities that are similar to the
construction of the Musselshell-Judith Rural Water System.

Subtitle D--Bureau of Reclamation Pumped Storage Hydropower Development

SEC. 4831. AUTHORITY FOR PUMPED STORAGE HYDROPOWER
DEVELOPMENT USING MULTIPLE BUREAU OF
RECLAMATION RESERVOIRS.

Section 9(c) of the Reclamation Project Act of 1939 (43
U.S.C. 485h(c)) is amended--
(1) in paragraph (1), in the fourth sentence, by striking
``, including small conduit hydropower development'' and
inserting ``and reserve to the Secretary the exclusive
authority to develop small conduit hydropower using Bureau of
Reclamation facilities and pumped storage hydropower
exclusively using Bureau of Reclamation reservoirs''; and
(2) in paragraph (8), by striking ``has been filed with the
Federal Energy Regulatory Commission as of the date of the
enactment of the Bureau of Reclamation Small Conduit
Hydropower Development and Rural Jobs Act'' and inserting
``was filed with the Federal Energy Regulatory Commission
before August 9, 2013, and is still pending''.

SEC. 4832. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES OF POWER
PRIVILEGE.

(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Director.--The term ``Director'' means the Director of
the Office of Hearings and Appeals.
(3) Office of hearings and appeals.--The term ``Office of
Hearings and Appeals'' means the Office of Hearings and
Appeals of the Department of the Interior.
(4) Party.--The term ``party'', with respect to a study
plan agreement, means each of the following parties to the
study plan agreement:
(A) The proposed lessee.
(B) The Tribes.
(5) Project.--The term ``project'' means a proposed pumped
storage facility that--
(A) would use multiple Bureau of Reclamation reservoirs;
and
(B) as of June 1, 2017, was subject to a preliminary permit
issued by the Commission pursuant to section 4(f) of the
Federal Power Act (16 U.S.C. 797(f)).
(6) Proposed lessee.--The term ``proposed lessee'' means
the proposed lessee of a project.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Study plan.--The term ``study plan'' means the plan
described in subsection (d)(1).
(9) Study plan agreement.--The term ``study plan
agreement'' means an agreement entered into under subsection
(b)(1) and described in subsection (c).
(10) Tribes.--The term ``Tribes'' means--
(A) the Confederated Tribes of the Colville Reservation;
and
(B) the Spokane Tribe of Indians of the Spokane
Reservation.
(b) Requirement for Issuance of Leases of Power
Privilege.--The Secretary shall not issue a lease of power
privilege pursuant to section 9(c)(1) of the Reclamation
Project Act of 1939 (43 U.S.C. 485h(c)(1)) (as amended by
section 4831) for a project unless--
(1) the proposed lessee and the Tribes have entered into a
study plan agreement; or
(2) the Secretary or the Director, as applicable, makes a
final determination for--
(A) a study plan agreement under subsection (c)(2); or
(B) a study plan under subsection (d).
(c) Study Plan Agreement Requirements.--
(1) In general.--A study plan agreement shall--
(A) establish the deadlines for the proposed lessee to
formally respond in writing to comments and study requests
about the project previously submitted to the Commission;
(B) allow for the parties to submit additional comments and
study requests if any aspect of the project, as proposed,
differs from an aspect of the project, as described in a
preapplication document provided to the Commission;
(C) except as expressly agreed to by the parties or as
provided in paragraph (2) or subsection (d), require that the
proposed lessee conduct each study described in--
(i) a study request about the project previously submitted
to the Commission; or
(ii) any additional study request submitted in accordance
with the study plan agreement;
(D) require that the proposed lessee study any potential
adverse economic effects of the project on the Tribes,
including effects on--
(i) annual payments to the Confederated Tribes of the
Colville Reservation under section 5(b) of the Confederated
Tribes of the Colville Reservation Grand Coulee Dam
Settlement Act (Public Law 103-436; 108 Stat. 4579); and
(ii) annual payments to the Spokane Tribe of Indians of the
Spokane Reservation authorized after the date of enactment of
this Act, the amount of which derives from the annual
payments described in clause (i);
(E) establish a protocol for communication and consultation
between the parties;
(F) provide mechanisms for resolving disputes between the
parties regarding implementation and enforcement of the study
plan agreement; and
(G) contain other provisions determined to be appropriate
by the parties.
(2) Disputes.--
(A) In general.--If the parties cannot agree to the terms
of a study plan agreement or implementation of those terms,
the parties shall submit to the Director, for final
determination on the terms or implementation of the study
plan agreement, notice of the dispute, consistent with
paragraph (1)(F), to the extent the parties have agreed to a
study plan agreement.
(B) Inclusion.--A dispute covered by subparagraph (A) may
include the view of a proposed lessee that an additional
study request submitted in accordance with paragraph (1)(B)
is not reasonably calculated to assist the Secretary in
evaluating the potential impacts of the project.
(C) Timing.--The Director shall issue a determination
regarding a dispute under subparagraph (A) not later than 120
days after the date on which the Director receives notice of
the dispute under that subparagraph.
(d) Study Plan.--
(1) In general.--The proposed lessee shall submit to the
Secretary for approval a study

[[Page S3620]]

plan that details the proposed methodology for performing
each of the studies--
(A) identified in the study plan agreement of the proposed
lessee; or
(B) determined by the Director in a final determination
regarding a dispute under subsection (c)(2).
(2) Initial determination.--Not later than 60 days after
the date on which the Secretary receives the study plan under
paragraph (1), the Secretary shall make an initial
determination that--
(A) approves the study plan;
(B) rejects the study plan on the grounds that the study
plan--
(i) lacks sufficient detail on a proposed methodology for a
study identified in the study plan agreement; or
(ii) is inconsistent with the study plan agreement; or
(C) imposes additional study plan requirements that the
Secretary determines are necessary to adequately define the
potential effects of the project on--
(i) the exercise of the paramount hunting, fishing, and
boating rights of the Tribes reserved pursuant to the Act of
June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d et
seq.);
(ii) the annual payments described in clauses (i) and (ii)
of subsection (c)(1)(D);
(iii) the Columbia Basin project (as defined in section 1
of the Act of May 27, 1937 (50 Stat. 208, chapter 269; 57
Stat. 14, chapter 14; 16 U.S.C. 835));
(iv) historic properties and cultural or spiritually
significant resources; and
(v) the environment.
(3) Objections.--
(A) In general.--Not later than 30 days after the date on
which the Secretary makes an initial determination under
paragraph (2), the Tribes or the proposed lessee may submit
to the Director an objection to the initial determination.
(B) Final determination.--Not later than 120 days after the
date on which the Director receives an objection under
subparagraph (A), the Director shall--
(i) hold a hearing on the record regarding the objection;
and
(ii) make a final determination that establishes the study
plan, including a description of studies the proposed lessee
is required to perform.
(4) No objections.--If no objections are submitted by the
deadline described in paragraph (3)(A), the initial
determination of the Secretary under paragraph (2) shall be
final.
(e) Conditions of Lease.--
(1) Consistency with rights of tribes; protection,
mitigation, and enhancement of fish and wildlife.--
(A) In general.--Any lease of power privilege issued by the
Secretary for a project under subsection (b) shall contain
conditions--
(i) to ensure that the project is consistent with, and will
not interfere with, the exercise of the paramount hunting,
fishing, and boating rights of the Tribes reserved pursuant
to the Act of June 29, 1940 (54 Stat. 703, chapter 460; 16
U.S.C. 835d et seq.); and
(ii) to adequately and equitably protect, mitigate damages
to, and enhance fish and wildlife, including related spawning
grounds and habitat, affected by the development, operation,
and management of the project.
(B) Recommendations of the tribes.--The conditions required
under subparagraph (A) shall be based on joint
recommendations of the Tribes.
(C) Resolving inconsistencies.--
(i) In general.--If the Secretary determines that any
recommendation of the Tribes under subparagraph (B) is not
reasonably calculated to ensure the project is consistent
with subparagraph (A) or is inconsistent with the
requirements of the Reclamation Project Act of 1939 (43
U.S.C. 485 et seq.), the Secretary shall attempt to resolve
any such inconsistency with the Tribes, giving due weight to
the recommendations and expertise of the Tribes.
(ii) Publication of findings.--If, after an attempt to
resolve an inconsistency under clause (i), the Secretary does
not adopt in whole or in part a recommendation of the Tribes
under subparagraph (B), the Secretary shall issue each of the
following findings, including a statement of the basis for
each of the findings:

(I) A finding that adoption of the recommendation is
inconsistent with the requirements of the Reclamation Project
Act of 1939 (43 U.S.C. 485 et seq.).
(II) A finding that the conditions selected by the
Secretary to be contained in the lease of power privilege
under subparagraph (A) comply with the requirements of
clauses (i) and (ii) of that subparagraph.

(2) Annual charges payable by licensee.--
(A) In general.--Subject to subparagraph (B), any lease of
power privilege issued by the Secretary for a project under
subsection (b) shall contain conditions that require the
lessee of the project to make direct payments to the Tribes
through reasonable annual charges in an amount that
recompenses the Tribes for any adverse economic effect of the
project identified in a study performed pursuant to the study
plan agreement for the project.
(B) Agreement.--
(i) In general.--The amount of the annual charges described
in subparagraph (A) shall be established through agreement
between the proposed lessee and the Tribes.
(ii) Condition.--The agreement under clause (i), including
any modification of the agreement, shall be deemed to be a
condition to the lease of power privilege issued by the
Secretary for a project under subsection (b).
(C) Dispute resolution.--
(i) In general.--If the proposed lessee and the Tribes
cannot agree to the terms of an agreement under subparagraph
(B)(i), the proposed lessee and the Tribes shall submit
notice of the dispute to the Director.
(ii) Resolution.--The Director shall resolve the dispute
described in clause (i) not later than 180 days after the
date on which the Director receives notice of the dispute
under that clause.
(3) Additional conditions.--The Secretary may include in
any lease of power privilege issued by the Secretary for a
project under subsection (b) other conditions determined
appropriate by the Secretary, on the condition that the
conditions shall be consistent with the Reclamation Project
Act of 1939 (43 U.S.C. 485 et seq.).
(4) Consultation.--In establishing conditions under this
subsection, the Secretary shall consult with the Tribes.
(f) Deadlines.--The Secretary or any officer of the Office
of Hearing and Appeals before whom a proceeding is pending
under this section may extend any deadline or enlarge any
timeframe described in this section--
(1) at the discretion of the Secretary or the officer; or
(2) on a showing of good cause by any party.
(g) Judicial Review.--Any final action of the Secretary or
the Director made pursuant to this section shall be subject
to judicial review in accordance with chapter 7 of title 5,
United States Code.
(h) Effect on Other Projects.--Nothing in this section
establishes any precedent or is binding on any Bureau of
Reclamation lease of power privilege, other than for a
project.

Subtitle E--Additional Water Projects

SEC. 4841. MODIFICATION OF JACKSON GULCH REHABILITATION
PROJECT, COLORADO.

Section 9105(b) of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1303) is amended--
(1) in paragraph (1)--
(A) by striking ``requirement'' and inserting ``and cost-
sharing requirements''; and
(B) by inserting ``, which shall be not more than 65
percent of that total cost'' before the period at the end;
(2) in paragraph (3)--
(A) in the paragraph heading, by striking ``Requirement''
and inserting ``And cost-sharing requirements'';
(B) in subparagraph (A), in the matter preceding clause
(i), by striking ``The Secretary shall recover from the
District as reimbursable expenses'' and inserting ``Subject
to subparagraph (C), the District shall be liable under this
subsection for an amount equal to'';
(C) in subparagraph (B), in the matter preceding clause
(i), by striking ``Secretary shall recover reimbursable
expenses'' and inserting ``District shall pay the Project
costs for which the District is liable''; and
(D) by striking subparagraph (C) and inserting the
following:
``(C) Credit.--In determining the exact amount for which
the District is liable under this paragraph, the Secretary
shall--
``(i) review and approve all final costs associated with
the completion of the Project; and
``(ii) credit the district for all amounts paid by the
District for engineering work and improvements directly
associated with the Project, whether before, on, or after the
date of enactment of this Act.''; and
(3) in paragraph (7), by striking ``$8,250,000.'' and
inserting the following: ``the lesser of--
``(A) not more than 65 percent of the total cost of
carrying out the Project; and
``(B) $5,350,000.''.

SEC. 4842. CONTINUED USE OF PICK-SLOAN MISSOURI BASIN PROGRAM
PROJECT USE POWER BY THE KINSEY IRRIGATION
COMPANY AND THE SIDNEY WATER USERS IRRIGATION
DISTRICT.

(a) Authorization.--Notwithstanding any other provision of
law and subject to subsection (b), the Secretary of the
Interior (acting through the Commissioner of Reclamation)
shall continue to treat the irrigation pumping units known as
the ``Kinsey Irrigation Company'' in Custer County, Montana
and the ``Sidney Water Users Irrigation District'' in
Richland County, Montana, or any successor to the Kinsey
Irrigation Company or Sidney Water Users Irrigation District,
as irrigation pumping units of the Pick-Sloan Missouri Basin
Program for the purposes of wheeling, administration, and
payment of project use power, including the applicability of
provisions relating to the treatment of costs beyond the
ability to pay under section 9 of the Act of December 22,
1944 (commonly known as the ``Flood Control Act of 1944'')
(58 Stat. 891, chapter 665).
(b) Limitation.--The quantity of power to be provided to
the Kinsey Irrigation Company and the Sidney Water Users
Irrigation District (including any successor to the Kinsey
Irrigation Company or the Sidney Water Users Irrigation
District) under subsection (a) may not exceed the maximum
quantity of power provided to the Kinsey Irrigation Company
and the Sidney Water Users Irrigation District under the
applicable contract for electric service in effect on the
date of enactment of this Act.

[[Page S3621]]

SEC. 4843. KLAMATH BASIN WATER SUPPLY ENHANCEMENT ACT OF 2000
TECHNICAL CORRECTIONS.

Section 4(b) of the Klamath Basin Water Supply Enhancement
Act of 2000 (114 Stat. 2222; 132 Stat. 3887) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``Pursuant to the reclamation laws and
subject'' and inserting ``Subject''; and
(ii) by striking ``may'' and inserting ``is authorized
to''; and
(B) in subparagraph (A), by inserting ``, including
conservation and efficiency measures, land idling, and use of
groundwater,'' after ``administer programs'';
(2) in paragraph (3)(A), by inserting ``and'' after the
semicolon at the end;
(3) by redesignating the second paragraph (4) (relating to
the effect of the subsection) as paragraph (5); and
(4) in paragraph (5) (as so redesignated)--
(A) by striking subparagraph (B);
(B) in subparagraph (A), by striking ``; or'' and inserting
a period; and
(C) by striking ``the Secretary--'' and all that follows
through ``to develop'' in subparagraph (A) and inserting
``the Secretary to develop''.

SEC. 4844. REAUTHORIZATION OF DROUGHT PROGRAM.

(a) Termination of Authority.--Section 104(c) of the
Reclamation States Emergency Drought Relief Act of 1991 (43
U.S.C. 2214(c)) is amended by striking``2020'' and inserting
``2030''.
(b) Authorization of Appropriations.--Section 301 of the
Reclamation States Emergency Drought Relief Act of 1991 (43
U.S.C. 2241) is amended by striking ``2020'' and inserting
``2030''.

SEC. 4845. REAUTHORIZATION OF COOPERATIVE WATERSHED
MANAGEMENT PROGRAM.

Section 6002(g)(4) of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 1015a(g)(4)) is amended by striking
``2020'' and inserting ``2030''.
______