42 U.S.C. § 10363 — Reclamation climate change and water

Page 8042 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10363 counting units used by the United States Geo- logical Survey. (10) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of title 25. (11) Major aquifer system The term ‘‘major aquifer system’’ means a groundwater system that is— (A) identified as a significant groundwater system by the Director; and (B) included in the Groundwater Atlas of the United States, published by the United States Geological Survey. (12) Major reclamation river basin (A) In general The term ‘‘major reclamation river basin’’ means each major river system (including tributaries)— (i) that is located in a service area of the Bureau of Reclamation; and (ii) at which is located a federally au- thorized project of the Bureau of Reclama- tion. (B) Inclusions The term ‘‘major reclamation river basin’’ includes— (i) the Colorado River; (ii) the Columbia River; (iii) the Klamath River; (iv) the Missouri River; (v) the Rio Grande; (vi) the Sacramento River; (vii) the San Joaquin River; and (viii) the Truckee River. (13) Natural feature The term ‘‘natural feature’’ means a feature that is created through the action of physical, geological, biological, and chemical processes over time. (14) Nature-based feature The term ‘‘nature-based feature’’ means a feature that is created by human design, engi- neering, and construction to provide a means to reduce water supply and demand imbal- ances or drought or flood risk by acting in concert with natural processes. (15) Non-Federal participant The term ‘‘non-Federal participant’’ means— (A) a State, regional, or local authority; (B) an Indian tribe or tribal organization; or (C) any other qualifying entity, such as a water conservation district, water conser- vancy district, or rural water district or as- sociation, or a nongovernmental organiza- tion. (16) Panel The term ‘‘panel’’ means the climate change and water intragovernmental panel estab- lished by the Secretary under section 10366(a) of this title. (17) Program The term ‘‘program’’ means the regional in- tegrated sciences and assessments program— (A) established by the Administrator; and (B) that is comprised of 8 regional pro- grams that use advances in integrated cli- mate sciences to assist decisionmaking proc- esses. (18) Secretary (A) In general Except as provided in subparagraph (B), the term ‘‘Secretary’’ means the Secretary of the Interior. (B) Exceptions The term ‘‘Secretary’’ means— (i) in the case of sections 10363, 10364, and 10369 of this title, the Secretary of the In- terior (acting through the Commissioner); and (ii) in the case of sections 10367 and 10368 of this title, the Secretary of the Interior (acting through the Director). (19) Service area The term ‘‘service area’’ means any area that encompasses a watershed that contains a federally authorized reclamation project that is located in any State or area described in section 391 of title 43. (Pub. L. 111–11, title IX, § 9502, Mar. 30, 2009, 123 Stat. 1330; Pub. L. 116–260, div. FF, title XI, § 1106(a), Dec. 27, 2020, 134 Stat. 3240.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260, § 1106(a)(1), substituted ‘‘chap- ter’’ for ‘‘section’’ in introductory provisions. Par. (7). Pub. L. 116–260, § 1106(a)(2), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: ‘‘The term ‘eligible applicant’ means any State, Indian tribe, irrigation district, water dis- trict, or other organization with water or power deliv- ery authority.’’ Par. (10). Pub. L. 116–260, § 1106(a)(3), made technical amendment to reference in original act which appears in text as a reference to section 5304 of title 25. Pars. (13) to (19). Pub. L. 116–260, § 1106(a)(4), (5), added pars. (13) and (14) and redesignated former pars. (13) to (17) as (15) to (19), respectively. § 10363. Reclamation climate change and water program (a) In general The Secretary shall establish a climate change adaptation program— (1) to coordinate with the Administrator and other appropriate agencies to assess each ef- fect of, and risk resulting from, global climate change with respect to the quantity of water resources located in a service area; and (2) to ensure, to the maximum extent pos- sible, that strategies are developed at water- shed and aquifer system scales to address po- tential water shortages, conflicts, and other impacts to water users located at, and the en- vironment of, each service area. (b) Required elements In carrying out the program described in sub- section (a), the Secretary shall— (1) coordinate with the United States Geo- logical Survey, the National Oceanic and At- Page 8043 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10363 mospheric Administration, the program, and each appropriate State water resource agency, to ensure that the Secretary has access to the best available scientific information with re- spect to presently observed and projected fu- ture impacts of global climate change on water resources; (2) assess specific risks to the water supply of each major reclamation river basin, includ- ing any risk relating to— (A) a change in snowpack; (B) changes in the timing and quantity of runoff; (C) changes in groundwater recharge and discharge; and (D) any increase in— (i) the demand for water as a result of in- creasing temperatures; and (ii) the rate of reservoir evaporation; (3) with respect to each major reclamation river basin, analyze the extent to which changes in the water supply of the United States will impact— (A) the ability of the Secretary to deliver water to the contractors of the Secretary; (B) hydroelectric power generation facili- ties; (C) recreation at reclamation facilities; (D) fish and wildlife habitat; (E) applicable species listed as an endan- gered, threatened, or candidate species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (F) water quality issues (including salinity levels of each major reclamation river basin); (G) flow and water dependent ecological resiliency; and (H) flood control management; (4) in consultation with appropriate non- Federal participants, consider and develop ap- propriate strategies to mitigate each impact of water supply changes analyzed by the Sec- retary under paragraph (3), including strate- gies relating to— (A) the modification of any reservoir stor- age or operating guideline in existence as of March 30, 2009; (B) the development of new water manage- ment, operating, or habitat restoration plans; (C) water conservation; (D) improved hydrologic models and other decision support systems; and (E) groundwater and surface water storage needs; and (5) in consultation with the Director, the Ad- ministrator, the Secretary of Agriculture (act- ing through the Chief of the Natural Resources Conservation Service), and applicable State water resource agencies, develop a monitoring plan to acquire and maintain water resources data— (A) to strengthen the understanding of water supply trends; and (B) to assist in each assessment and anal- ysis conducted by the Secretary under para- graphs (2) and (3). (c) Reporting Not later than 2 years after March 30, 2009, and every 5 years thereafter, the Secretary shall submit to the appropriate committees of Con- gress a report that describes— (1) each effect of, and risk resulting from, global climate change with respect to the quantity of water resources located in each major reclamation river basin; (2) the impact of global climate change with respect to the operations of the Secretary in each major reclamation river basin; (3) each mitigation and adaptation strategy considered and implemented by the Secretary to address each effect of global climate change described in paragraph (1); (4) each coordination activity conducted by the Secretary with— (A) the Director; (B) the Administrator; (C) the Secretary of Agriculture (acting through the Chief of the Natural Resources Conservation Service); or (D) any appropriate State water resource agency; and (5) the implementation by the Secretary of the monitoring plan developed under sub- section (b)(5). (d) Feasibility studies (1) Authority of Secretary The Secretary, in cooperation with any non- Federal participant, may conduct 1 or more studies to determine the feasibility and im- pact on ecological resiliency of implementing each mitigation and adaptation strategy de- scribed in subsection (c)(3), including the con- struction of any water supply, water manage- ment, environmental, or habitat enhancement water infrastructure that the Secretary deter- mines to be necessary to address the effects of global climate change on water resources lo- cated in each major reclamation river basin. (2) Cost sharing (A) Federal share (i) In general Except as provided in clause (ii), the Federal share of the cost of a study de- scribed in paragraph (1) shall not exceed 50 percent of the cost of the study. (ii) Exception relating to financial hard- ship The Secretary may increase the Federal share of the cost of a study described in paragraph (1) to exceed 50 percent of the cost of the study if the Secretary deter- mines that, due to a financial hardship, the non-Federal participant of the study is unable to contribute an amount equal to 50 percent of the cost of the study. (B) Non-Federal share The non-Federal share of the cost of a study described in paragraph (1) may be pro- vided in the form of any in-kind services that substantially contribute toward the completion of the study, as determined by the Secretary. (e) No effect on existing authority Nothing in this section amends or otherwise affects any existing authority under reclama- Page 8044 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10364 1 See Extension of Authorization of Appropriations note below. tion laws that govern the operation of any Fed- eral reclamation project. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2009 through 2023,1 to re- main available until expended. (Pub. L. 111–11, title IX, § 9503, Mar. 30, 2009, 123 Stat. 1332.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsec. (b)(3)(E), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables. Statutory Notes and Related Subsidiaries EXTENSION OF AUTHORIZATION OF APPROPRIATIONS Pub. L. 118–42, div. D, title II, § 207, Mar. 9, 2024, 138 Stat. 195, provided that: ‘‘Section 9503(f) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(f)) shall be applied by substituting ‘2024’ for ‘2023’.’’ § 10364. Water management improvement (a) Authorization of grants and cooperative agreements (1) Authority of Secretary The Secretary may provide any grant to, or enter into an agreement with, any eligible ap- plicant to assist the eligible applicant in plan- ning, designing, or constructing any improve- ment or carrying out any activity— (A) to conserve water; (B) to increase water use efficiency; (C) to facilitate water markets; (D) to enhance water management, includ- ing increasing the use of renewable energy in the management and delivery of water; (E) to accelerate the adoption and use of advanced water treatment technologies to increase water supply; (F) to assist States and water users in complying with interstate compacts or re- ducing basin water supply-demand imbal- ances; (G) to achieve the prevention of the de- cline of species that the United States Fish and Wildlife Service and National Marine Fisheries Service have proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or candidate species that are being considered by those agencies for such listing but are not yet the subject of a proposed rule); (H) to achieve the acceleration of the re- covery of threatened species, endangered species, and designated critical habitats that are adversely affected by Federal reclama- tion projects or are subject to a recovery plan or conservation plan under the Endan- gered Species Act of 1973 (16 U.S.C. 1531 et seq.) under which the Commissioner of Rec- lamation has implementation responsibil- ities; (I) to improve the condition of a natural feature; or (J) to carry out any other activity— (i) to address any climate-related impact to the water supply of the United States that increases ecological resiliency to the impacts of climate change; (ii) to prevent any water-related crisis or conflict at any watershed that has a nexus to a Federal reclamation project located in a service area; or (iii) to plan for or address the impacts of drought. (2) Application To be eligible to receive a grant, or enter into an agreement with the Secretary under paragraph (1), an eligible applicant shall— (A) be located within— (i) the States and areas referred to in section 391 of title 43; (ii) the State of Alaska; (iii) the State of Hawaii; or (iv) the Commonwealth of Puerto Rico; and (B) submit to the Secretary an application that includes— (i) a proposal of the improvement or ac- tivity to be planned, designed, con- structed, or implemented by the eligible applicant; and (ii) for a project that is intended to have a quantifiable water savings and would re- ceive a grant of $500,000 or more— (I) a proposal for a monitoring plan of at least 5 years that would demonstrate ways in which the proposed improvement or activity would result in improved streamflows or aquatic habitat; or (II) for a project that does not antici- pate improved streamflows or aquatic habitat, an analysis of ways in which the proposed improvement or activity would contribute to 1 or more of the other ob- jectives described in paragraph (1). (3) Requirements of grants and cooperative agreements (A) Compliance with requirements Each grant and agreement entered into by the Secretary with any eligible applicant under paragraph (1) shall be in compliance with each requirement described in subpara- graphs (B) through (F). (B) Agricultural operations (i) In general Except as provided in clause (ii), in car- rying out paragraph (1), the Secretary shall not provide a grant, or enter into an agreement, for an improvement to con- serve irrigation water unless the eligible applicant agrees not— (I) to use any associated water savings to increase the total irrigated acreage of the eligible applicant; or (II) to otherwise increase the consump- tive use of water in the operation of the eligible applicant, as determined pursu- ant to the law of the State in which the operation of the eligible applicant is lo- cated.