Calendar No. 587
118th CONGRESS
2d Session
S. 2169
To authorize the Secretary of the Interior to carry out watershed
pilots, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 22, 2023
Mr. Wyden introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
November 21, 2024
Reported by Mr. Manchin, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
A BILL
To authorize the Secretary of the Interior to carry out watershed
pilots, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Watershed Results
Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Advance watershed analytics.--The term
``advance watershed analytics'' means the technical analysis
that is--</DELETED>
<DELETED> (A) conducted before making funding
available for a watershed pilot; and</DELETED>
<DELETED> (B) necessary--</DELETED>
<DELETED> (i) to identify specific high-
impact outcome projects across an entire
watershed;</DELETED>
<DELETED> (ii) to identify project costs and
implementation feasibility
constraints;</DELETED>
<DELETED> (iii) to identify how different
groups of projects impact overall watershed
targets; and</DELETED>
<DELETED> (iv) to develop scenarios that--
</DELETED>
<DELETED> (I) maximize outcomes;
and</DELETED>
<DELETED> (II) are feasible to
quickly implement at scale.</DELETED>
<DELETED> (2) Federal financial source.--The term ``Federal
financial source'' means an award, grant, loan, guarantee,
incentive, or credit enhancement funding available to Federal
agencies participating in watershed pilots.</DELETED>
<DELETED> (3) Fund.--The term ``Fund'' means the
Environmental Outcomes Fund established by the Secretary under
section 4(c)(1).</DELETED>
<DELETED> (4) Management team.--The term ``management team''
means the management team for a watershed pilot designated
under section 3(b)(2).</DELETED>
<DELETED> (5) Outcome.--The term ``outcome'' means--
</DELETED>
<DELETED> (A) a quantifiable increase in surface
water or groundwater;</DELETED>
<DELETED> (B) a measurable increase in aquatic
habitat quality or quantity in a watershed affected by
the operation of a Bureau of Reclamation project;
or</DELETED>
<DELETED> (C) any other quantifiable benefit
identified by the management team as being desirable in
the applicable watershed.</DELETED>
<DELETED> (6) Pay-for-performance contract.--The term ``pay-
for-performance contract'' means a contract to purchase
successfully implemented outcomes at a negotiated per-unit
price.</DELETED>
<DELETED> (7) Plan.--The term ``plan'' means an actionable
implementation and funding plan developed for a watershed pilot
under section 3(c)(1).</DELETED>
<DELETED> (8) Qualifying project.--The term ``qualifying
project'' means a project in a Reclamation State that
efficiently achieves 1 or more outcomes in pursuit of a plan,
as prioritized through advance watershed analytics.</DELETED>
<DELETED> (9) Reclamation state.--The term ``Reclamation
State'' means--</DELETED>
<DELETED> (A) 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);</DELETED>
<DELETED> (B) the State of Hawaii; and</DELETED>
<DELETED> (C) the State of Alaska.</DELETED>
<DELETED> (10) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (11) Watershed pilot.--The term ``watershed
pilot'' means a watershed pilot established under section
3(a).</DELETED>
<DELETED>SEC. 3. WATERSHED PILOTS.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date of
enactment of this Act and subject to subsection (h), the Secretary
shall establish a total of not less than 2 and not more than 5
watershed pilots in a Reclamation State.</DELETED>
<DELETED> (b) Management of Watershed Pilots.--</DELETED>
<DELETED> (1) Management by secretary.--Management and
responsibility for each watershed pilot shall be led by the
Secretary.</DELETED>
<DELETED> (2) Management team.--The Secretary shall
designate a management team for the watershed pilot, which
shall be composed of representatives appointed by the
Secretary.</DELETED>
<DELETED> (3) Consultation.--In establishing and carrying
out a watershed pilot, the Secretary and the management team
shall consult with--</DELETED>
<DELETED> (A) State, local, and Tribal
representatives;</DELETED>
<DELETED> (B) nongovernmental organizations,
including water and irrigation districts;</DELETED>
<DELETED> (C) private sector representatives;
and</DELETED>
<DELETED> (D) such other individuals or entities as
the Secretary and the management team determine to be
appropriate.</DELETED>
<DELETED> (c) Plan.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date on which a watershed pilot is established, the management
team for the applicable watershed pilot shall develop and
implement a 5-year plan for carrying out the watershed
pilot.</DELETED>
<DELETED> (2) Requirements.--A plan shall incorporate--
</DELETED>
<DELETED> (A) advance watershed analytics to
establish milestones, outcome targets, an
implementation plan, and a timeline for achieving the
milestones, targets, and full implementation;</DELETED>
<DELETED> (B) a coordinated cross-agency funding
strategy that will--</DELETED>
<DELETED> (i) achieve the milestones and
outcome targets established under subparagraph
(A) in an effective and flexible manner by
efficiently and quickly delivering Federal
financial sources to qualifying
projects;</DELETED>
<DELETED> (ii) leverage amounts made
available under sections 4(c)(4) and 7 with
existing Federal financial sources;</DELETED>
<DELETED> (iii) use Federal financial
sources and amounts from the Fund to leverage
and attract investments from private or
philanthropic sources to accelerate greater
outcomes-based results; and</DELETED>
<DELETED> (iv) concentrate Federal financial
source commitments from multiple agencies in a
watershed pilot during the period of the
watershed pilot;</DELETED>
<DELETED> (C) annually updated progress tracking
against milestones and targets; and</DELETED>
<DELETED> (D) such other information as the
Secretary determines to be relevant to achieve outcomes
on an accelerated timeline.</DELETED>
<DELETED> (3) Review.--A plan shall be reviewed annually by
the management team.</DELETED>
<DELETED> (d) Notification.--On adoption of each plan, the Secretary
shall submit to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives a
notification that the watershed pilot has been established and the plan
has been adopted.</DELETED>
<DELETED> (e) Disbursement of Funds to Qualifying Projects.--Not
later than 30 days after the date on which the Secretary and the
management team for a watershed pilot verify outcomes from the
qualifying project, the Secretary and the management team for the
watershed pilot shall disburse amounts from Federal financial sources,
including amounts made available under sections 4(c)(4) and 7, to a
qualifying project, through pay-for-performance contracts, at agreed
upon outcome prices.</DELETED>
<DELETED> (f) Minimum Outcome Prices.--Not later than 1 year after
the date on which a watershed pilot is established, the Secretary and
the management team for the watershed pilot shall set and publish
minimum per-unit outcome prices.</DELETED>
<DELETED> (g) Use of Advance Watershed Analytics.--The Secretary and
the management team for each watershed pilot shall use advance
watershed analytics throughout the planning, implementation, measuring,
and monitoring of outcomes within the watershed pilot.</DELETED>
<DELETED> (h) Authority for Additional Pilots.--The Secretary,
following notification of the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of Representatives,
shall approve the establishment of more than 5 watershed pilots under
this section.</DELETED>
<DELETED>SEC. 4. FINANCING AND FUNDING OF WATERSHED PILOTS.</DELETED>
<DELETED> (a) Use of Pay-For-Performance Contracts.--In carrying out
a watershed pilot, the Secretary shall enter into a pay-for-performance
contract to achieve outcome-based goals described in the plan developed
for the watershed pilot.</DELETED>
<DELETED> (b) Flexibility Under Existing Programs.--The Secretary
shall modify, expand, or streamline eligibility and verification
criteria for existing Federal financial sources to maximize
flexibility, speed, and use of Federal funds in the most effective
manner to achieve outcomes under the watershed pilot.</DELETED>
<DELETED> (c) Environmental Outcomes Fund.--</DELETED>
<DELETED> (1) In general.--The Secretary shall establish an
Environmental Outcomes Fund.</DELETED>
<DELETED> (2) Use of fund.--Amounts in the Fund shall only
be expended on pay-for-performance contracts under a watershed
pilot.</DELETED>
<DELETED> (3) Criteria.--Amounts in the Fund shall be
expended in accordance with--</DELETED>
<DELETED> (A) this Act, including the plan developed
for the applicable watershed pilot; and</DELETED>
<DELETED> (B) criteria established by the Secretary
and the management team for the applicable watershed
pilot, which shall include criteria for--</DELETED>
<DELETED> (i) eligibility of qualifying
projects;</DELETED>
<DELETED> (ii) types of qualifying
projects;</DELETED>
<DELETED> (iii) the timing of the
disbursement of funds; and</DELETED>
<DELETED> (iv) such other matters as the
Secretary and the management team determine to
be appropriate.</DELETED>
<DELETED> (4) Mandatory funding.--</DELETED>
<DELETED> (A) In general.--Out of any funds in the
Treasury not otherwise appropriated, on October 1,
2024, and on each October 1 thereafter through October
1, 2029, the Secretary of the Treasury shall transfer
to the Secretary from the reclamation fund established
by the first section of the Act of June 17, 1902 (32
Stat. 388, chapter 1093; 43 U.S.C. 391), $15,000,000 to
be deposited in the Fund.</DELETED>
<DELETED> (B) Receipt and acceptance.--The Secretary
shall be entitled to receive, shall accept, and shall
deposit into the Fund for use in accordance with this
subsection the funds transferred under subparagraph
(A), without further appropriation.</DELETED>
<DELETED> (5) Report to congress.--If a watershed pilot is
established as a permanent program, the Secretary may submit to
Congress recommendations for modifications to funding levels
and a permanent authorization of funding for the permanent
program.</DELETED>
<DELETED> (d) Cost-Share Waiver.--Any otherwise applicable cost-
share requirements for existing Federal financial sources, including
under section 212(a)(1) of the Public Lands Corps Act of 1993 (16
U.S.C. 1729(a)(1)), shall be waived for watershed pilots carried out
using amounts made available under this Act.</DELETED>
<DELETED>SEC. 5. REPORTS.</DELETED>
<DELETED> (a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress'' means--
</DELETED>
<DELETED> (1) of the Senate--</DELETED>
<DELETED> (A) the Committee on Appropriations;
and</DELETED>
<DELETED> (B) the Committee on Energy and Natural
Resources; and</DELETED>
<DELETED> (2) of the House of Representatives--</DELETED>
<DELETED> (A) the Committee on Appropriations;
and</DELETED>
<DELETED> (B) the Committee on Natural
Resources.</DELETED>
<DELETED> (b) Annual Reports.--The Secretary shall, not later than
the date on which the budget of the United States Government is
submitted by the President under section 1105 of title 31, United
States Code, for each fiscal year for which the watershed pilot is
being carried out, submit to the appropriate committees of Congress a
report describing the status of each watershed pilot, including
progress towards the milestones described in section
3(c)(2)(A).</DELETED>
<DELETED> (c) 5-Year Report.--Not later than October 1 of the fifth
fiscal year in which a watershed pilot is carried out under section 3,
the Secretary shall submit to the appropriate committees of Congress a
report describing, in accordance with the plan developed for the
applicable watershed pilot--</DELETED>
<DELETED> (1) a summary of--</DELETED>
<DELETED> (A) the projected results of the watershed
pilot in meeting the milestones described in section
3(c)(2)(A);</DELETED>
<DELETED> (B) the projected outcomes of the
watershed pilot described in that section;</DELETED>
<DELETED> (C) the total amount of funds made
available under the watershed pilot;</DELETED>
<DELETED> (D) the type of funding expended under the
watershed pilot; and</DELETED>
<DELETED> (E) such other information as the
Secretary determines to be appropriate; and</DELETED>
<DELETED> (2) recommendations for continuing, terminating,
or making permanent the watershed pilot.</DELETED>
<DELETED> (d) Environmental Outcomes Funds.--</DELETED>
<DELETED> (1) Secretary.--The Secretary, not later than the
date on which the budget of the United States Government is
submitted by the President under section 1105 of title 31,
United States Code, for each fiscal year for which the
watershed pilot is being carried out, submit to the appropriate
committees of Congress a report describing the outcomes
achieved using amounts made available from, management of, and
expenditures from, the Fund.</DELETED>
<DELETED> (2) Inspectors general.--</DELETED>
<DELETED> (A) Audit.--The Inspector General of the
Department of the Interior shall conduct a biannual
audit of the management of, and funding (including
expenditures) relating to, the Fund for the purpose of
ensuring proper and effective use of Federal funding by
evaluating the effectiveness of the watershed pilot in
achieving the plan developed for the watershed pilot,
including an evaluation of the outcomes achieved and
the Federal financial sources used to achieve those
outcomes.</DELETED>
<DELETED> (B) Reports.--The Inspector General of the
Department of the Interior shall, not later than the
date on which the budget of the United States
Government is submitted by the President under section
1105 of title 31, United States Code, for each fiscal
year for which the watershed pilot is being carried
out, submit to the appropriate committees of Congress a
report describing the 2 audits most recently conducted
under subparagraph (A).</DELETED>
<DELETED>SEC. 6. DURATION.</DELETED>
<DELETED> Each watershed pilot shall terminate on the date that is 5
years after the date on which the notification is submitted under
section 3(d) with respect to that watershed pilot.</DELETED>
<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated--</DELETED>
<DELETED> (1) for each watershed pilot, $15,000,000 for each
of fiscal years 2024 through 2029, which shall be in addition
to the amounts made available under section 4(c)(4);
and</DELETED>
<DELETED> (2) to carry out advance watershed analytics for
each watershed pilot, $2,000,000 for each of fiscal years 2024
through 2026.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Watershed Results Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advance watershed analytics.--The term ``advance
watershed analytics'' means the technical analysis that--
(A) is conducted before providing funding for a
watershed outcomes project;
(B) identifies and quantifies the outcomes and
costs of all potential qualifying activities across the
watershed outcomes project; and
(C) assesses how different groups of qualifying
activities in the watershed outcomes project could
efficiently maximize outcomes for the least cost.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(3) Eligible entity.--The term ``eligible entity''
includes--
(A) a State, Indian Tribe, Tribal organization,
irrigation district, or water district;
(B) a State, regional, or local authority, the
members of which include 1 or more organizations with
water or power delivery authority;
(C) any other organization with water or power
delivery authority; and
(D) any nongovernmental entity.
(4) Pay-for-performance contract.--The term ``pay-for-
performance contract'' means a contract to purchase verified
outcomes produced by implemented qualifying activities in a
watershed outcomes project at a negotiated price.
(5) Qualifying activity.--The term ``qualifying activity''
means a conservation project carried out in a watershed
identified through advance watershed analytics as having a high
likelihood of cost-effectively achieving 1 or more outcomes if
implement consistent with applicable performance standards made
available under section 3(e)(4).
(6) Reclamation state.--The term ``Reclamation State''
means--
(A) 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);
(B) the State of Hawaii;
(C) the State of Alaska; and
(D) the Commonwealth of Puerto Rico.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Watershed outcomes project.--The term ``watershed
outcomes project'' means the overall watershed project managed
by the watershed partner.
(9) Watershed partner.--The term ``watershed partner''
means an eligible entity selected by the Secretary under
section 3(a)(2) to carry out a watershed outcomes project.
SEC. 3. WATERSHED OUTCOMES PROJECTS.
(a) Proposals; Selection.--The Secretary shall--
(1) not later than 1 year after the date of enactment of
this Act, solicit the submission from eligible entities of
proposals to develop and implement a strategy that develops and
uses advance watershed analytics to cost-effectively carry out
watershed outcomes projects to achieve meaningful watershed-
scale outcomes in a Reclamation State; and
(2) from among the proposals submitted under paragraph (1),
select a watershed partner for each watershed to complete
advance watershed analytics, carry out watershed outcomes
projects in a Reclamation State, manage watershed partnership
duties during the term of the partnership agreement, and
support pay-for-performance contracts.
(b) Guidelines and Criteria for Proposals.--The Secretary--
(1) shall develop criteria and guidelines for the
submission and selection of proposals under subsection (a); and
(2) for purposes of developing the criteria and guidelines
under paragraph (1), may consider--
(A) the scope of the proposed watershed outcomes
project, including the selected subregion or basin-
level watershed for consideration;
(B) the purpose and goals of the proposed watershed
outcomes project;
(C) any stakeholder outreach conducted with respect
to the proposed watershed outcomes project;
(D) evidence of widespread support within the local
community for, the proposed watershed outcomes project;
(E) the capability of the watershed partner to
perform the required duties in accordance with
subsection (d);
(F) how the watershed partner will procure and use
advance watershed analytics to identify and quantify
the outcomes and costs of all potential qualifying
activities for the proposed watershed outcomes project;
(G) estimated costs of completing advance watershed
analytics and operating the proposed watershed outcomes
project;
(H) the anticipated qualifying activity types that
are relevant for the selected watershed identified
under subparagraph (A); and
(I) plans for monitoring, evaluating, and reporting
on progress made toward achieving the outcomes of the
proposed watershed outcomes project.
(c) Partnership Agreements.--
(1) In general.--The Secretary may enter into a partnership
agreement with a watershed partner selected under subsection
(a)(2) to design and implement a watershed outcomes project
that uses advance watershed analytics to achieve meaningful
watershed-scale outcomes in accordance with this section.
(2) Term.--
(A) In general.--A partnership agreement entered
into under paragraph (1) shall be for a term--
(i) of not more 5 years; or
(ii) if the Secretary determines that a
longer term is necessary to meet the objectives
of the watershed outcomes project, a longer
term established by the Secretary.
(B) Renewal.--A partnership agreement entered into
under paragraph (1) may be renewed for a term of not
more than 5 years.
(C) Extension.--A partnership agreement entered
into under paragraph (1) or renewed under subparagraph
(B) may be extended 1 time for a term of not more than
2 years, as determined by the Secretary.
(3) Technical and financial assistance.--Through a
partnership agreement entered into under paragraph (1), the
Secretary shall provide to a watershed partner--
(A) technical or financial assistance to design and
implement a watershed outcomes project; and
(B) grants, cooperative agreements, or other
financial assistance to support--
(i) the activities under subparagraph (A);
and
(ii) performance payments to qualifying
activities under subsection (g)(4).
(4) Project development costs.--The Secretary may annually
award to a watershed partner an amount equal to not more than
50 percent of estimated costs of the watershed outcomes project
to carry out the duties described in subsection (d).
(d) Duties of Watershed Partners.--Under a partnership agreement
entered into under subsection (c)(1), the Secretary shall establish
duties to be carried out by the watershed partner, including
considering establishing the following duties:
(1) Preparing a funding and implementation strategy that
uses advance watershed analytics to cost-effectively carry out
a watershed outcomes project by selecting a sufficient number
of qualifying activities to achieve meaningful watershed-scale
outcomes by--
(A) completing advance watershed analytics to
identify and quantify the outcomes and costs of all
potential qualifying activities for the watershed
outcomes project;
(B) establishing baseline metrics to support the
development of setting outcome prices and performance
standards for the watershed outcomes project;
(C) developing performance standards for the
watershed outcomes project;
(D) leveraging financial assistance provided by the
Secretary to secure additional funds for the watershed
outcomes project;
(E) designing, recruiting, and verifying qualifying
activities for the watershed outcomes project; and
(F) providing outcome and financial accounting
services relating to qualifying activities carried out
to achieve outcomes.
(2) Using the strategy prepared under paragraph (1) to
prioritize qualifying activity outreach efforts.
(3) Working with local stakeholders to recruit and design
an implementation-ready queue of priority qualifying
activities.
(4) Ensuring that any proposed priority qualifying
activities have the support of affected local stakeholders.
(5) Setting activity outcome prices and developing
performance standards for qualifying activities.
(6) Developing a plan to carry out qualifying activities
having a high likelihood of cost-effectively achieving 1 or
more outcomes described in subsection (f) if implemented
consistent with the applicable performance standards made
available by the Secretary under subsection (e)(4).
(7) Selecting, developing pay-for-performance contracts
for, funding, and carrying out qualifying activities, in
accordance with the plan developed under paragraph (6), to
achieve meaningful watershed-scale outcomes.
(8)(A) Quantifying the outcomes for qualifying activities.
(B) Verifying that qualifying activities have been
implemented consistent with applicable performance standards.
(C) Providing applicable documentation to the Secretary
with respect to the information quantified and verified under
subparagraphs (A) and (B).
(9) Monitoring qualifying activities at appropriate levels
to confirm ongoing performance.
(10) Other duties necessary to carry out a watershed
outcomes project, as determined to be necessary by the
Secretary.
(e) Duties of Secretary.--Under a partnership agreement entered
into under subsection (c), the Secretary shall--
(1) ensure that there is widespread support within the
local community for the watershed outcomes project;
(2) verify the advance watershed analytics completed by the
watershed partner, to the maximum extent practicable;
(3) ensure that there are made available to the public
outcome price tables, by qualifying activity type, for use as
the basis for negotiating pay-for-performance contracts for the
applicable watershed outcomes project;
(4) ensure that there are made available to the public
qualifying activity and watershed outcomes project performance
standards that are to be used as the basis for--
(A) identifying, quantifying, and verifying
qualifying activity outcomes; and
(B) executing pay-for-performance contracts;
(5) review outcome quantification and verification
documentation provided by the watershed partner under
subsection (d)(8)(C);
(6) provide to a watershed partner financial assistance to
purchase verified outcomes from qualifying activities in a
watershed outcomes project, at prices set for the watershed
outcomes project in accordance with this section; and
(7) coordinate with other Federal agencies, to the maximum
extent practicable, to help leverage and concentrate funding
into watershed outcomes projects.
(f) Required Outcomes for Qualifying Activities.--To be eligible
for a performance payment under subsection (g)(4), a qualified activity
shall produce 1 or more measurable, clearly defined outcomes that
result in a quantifiable and verifiable--
(1) increase in surface water or groundwater;
(2) increase in aquatic habitat quality, quantity,
connectivity, or access in a watershed;
(3) surface water or groundwater quality improvement,
including water temperature reductions, or a reduction in
salinity or nutrient or sediment runoff associated with
irrigated agriculture; or
(4) other quantifiable benefits, as determined by the
Secretary, likely to improve watershed health in the watershed
outcomes project.
(g) Financial Assistance for Qualifying Activities in Watershed
Outcomes Projects.--
(1) Leveraging federal funding.--To achieve meaningful
watershed-scale outcomes, amounts made available under section
5 may be used to satisfy any cost-sharing requirement with
respect to carrying out a watershed outcomes project.
(2) Federal share.--The Federal share of grants or other
financial assistance for a watershed outcomes project under
this Act shall be not more than 75 percent of the total cost of
the watershed outcomes project.
(3) Watershed partner contributions.--The Secretary may--
(A) accept non-Federal contributions for a
watershed outcomes project, including funding or
financing secured by the watershed partner in
accordance with the strategy developed under subsection
(d)(1); and
(B) use amounts accepted under subparagraph (A) to
carry out activities authorized under this Act in the
watershed outcomes project.
(4) Performance payments.--Not later than 90 days after the
date on which a watershed partner verifies the outcomes
generated from qualifying activities and confirms that the
qualifying activity has been implemented consistent with the
performance standards of the applicable watershed outcomes
project, the Secretary shall provide financial assistance to
the watershed partner to support performance payments.
(h) Maximum Number of Watershed Outcomes Projects.--Not more than a
total of 5 watershed outcomes projects may be carried out under this
section.
(i) Restrictions on Use of Advance Watershed Analytics Data.--
(1) In general.--Nothing in this Act affects or modifies
existing law with respect to the treatment of personal data in
the conduct by an employee of the Federal Government or a
designee of an employee of the Federal Government in carrying
out official duties of the Federal employee or designee under
this Act.
(2) Data collection.--All information or data collected or
assembled by a Federal employee or a designee of a Federal
employee to complete advance watershed analytics activities,
directly or indirectly, under this Act--
(A) shall be used for the sole purpose of
identifying, prioritizing, and funding qualifying
activities in a watershed outcomes project; and
(B) shall be considered to be confidential
commercial information that is exempt from disclosure
under section 552(b)(4) of title 5, United States Code
(commonly known as the ``Freedom of Information Act'').
(3) Applicability to watershed partners.--Any restrictions
on a Federal employee under this section shall apply to an
employee of a watershed partner.
(j) Effect.--Nothing in this Act creates, impairs, alters, or
supersedes a Federal or State water right.
SEC. 4. BRIEFING; REPORTS.
(a) Annual Briefing or Report.--For each fiscal year for which a
watershed outcomes project is carried out under section 3, not later
than the date on which the budget of the United States Government is
submitted by the President under section 1105 of title 31, United
States Code, for that fiscal year, the Secretary shall provide to the
appropriate committees of Congress a briefing or report describing the
status of each watershed outcomes project, including progress towards
the applicable strategy prepared under section 3(d)(1), including any
payments made for outcomes.
(b) 5-year Report.--Not later than October 1 of the fifth fiscal
year in which a watershed outcomes project is carried out under section
3, the Secretary shall submit to the appropriate committees of Congress
a report that--
(1) summarizes--
(A) the projected results of the qualifying
activities in the watershed outcomes project in meeting
the strategy prepared under section 3(d)(1);
(B) the projected outcomes of the watershed
outcomes project;
(C) the total amount of funds secured for the
watershed outcomes project;
(D) the type of funding expended under the
watershed outcomes project; and
(E) such other information as the Secretary
determines to be appropriate; and
(2) includes recommendations for continuing, terminating,
or making permanent the authorizations under this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this Act $17,000,000 for each of fiscal years 2025 through 2030.
Amend the title so as to read: ``A bill to authorize the
conduct of watershed outcomes projects, and for other
purposes.''.
Calendar No. 587
118th CONGRESS
2d Session
S. 2169
A BILL
To authorize the Secretary of the Interior to carry out watershed
pilots, and for other purposes.
November 21, 2024
Reported with an amendment and an amendment to the title
Watershed Results Act
118th Congress: Senate Bill No. 2169
Introduced on June 22, 2023
November 21, 2024 Scheduled for Future Consideration
Keywords
Sponsors
Texts
Full Text
Calendar No. 587
118th CONGRESS
2d Session
S. 2169
To authorize the Secretary of the Interior to carry out watershed
pilots, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 22, 2023
Mr. Wyden introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
November 21, 2024
Reported by Mr. Manchin, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
A BILL
To authorize the Secretary of the Interior to carry out watershed
pilots, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Watershed Results
Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Advance watershed analytics.--The term
``advance watershed analytics'' means the technical analysis
that is--</DELETED>
<DELETED> (A) conducted before making funding
available for a watershed pilot; and</DELETED>
<DELETED> (B) necessary--</DELETED>
<DELETED> (i) to identify specific high-
impact outcome projects across an entire
watershed;</DELETED>
<DELETED> (ii) to identify project costs and
implementation feasibility
constraints;</DELETED>
<DELETED> (iii) to identify how different
groups of projects impact overall watershed
targets; and</DELETED>
<DELETED> (iv) to develop scenarios that--
</DELETED>
<DELETED> (I) maximize outcomes;
and</DELETED>
<DELETED> (II) are feasible to
quickly implement at scale.</DELETED>
<DELETED> (2) Federal financial source.--The term ``Federal
financial source'' means an award, grant, loan, guarantee,
incentive, or credit enhancement funding available to Federal
agencies participating in watershed pilots.</DELETED>
<DELETED> (3) Fund.--The term ``Fund'' means the
Environmental Outcomes Fund established by the Secretary under
section 4(c)(1).</DELETED>
<DELETED> (4) Management team.--The term ``management team''
means the management team for a watershed pilot designated
under section 3(b)(2).</DELETED>
<DELETED> (5) Outcome.--The term ``outcome'' means--
</DELETED>
<DELETED> (A) a quantifiable increase in surface
water or groundwater;</DELETED>
<DELETED> (B) a measurable increase in aquatic
habitat quality or quantity in a watershed affected by
the operation of a Bureau of Reclamation project;
or</DELETED>
<DELETED> (C) any other quantifiable benefit
identified by the management team as being desirable in
the applicable watershed.</DELETED>
<DELETED> (6) Pay-for-performance contract.--The term ``pay-
for-performance contract'' means a contract to purchase
successfully implemented outcomes at a negotiated per-unit
price.</DELETED>
<DELETED> (7) Plan.--The term ``plan'' means an actionable
implementation and funding plan developed for a watershed pilot
under section 3(c)(1).</DELETED>
<DELETED> (8) Qualifying project.--The term ``qualifying
project'' means a project in a Reclamation State that
efficiently achieves 1 or more outcomes in pursuit of a plan,
as prioritized through advance watershed analytics.</DELETED>
<DELETED> (9) Reclamation state.--The term ``Reclamation
State'' means--</DELETED>
<DELETED> (A) 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);</DELETED>
<DELETED> (B) the State of Hawaii; and</DELETED>
<DELETED> (C) the State of Alaska.</DELETED>
<DELETED> (10) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (11) Watershed pilot.--The term ``watershed
pilot'' means a watershed pilot established under section
3(a).</DELETED>
<DELETED>SEC. 3. WATERSHED PILOTS.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date of
enactment of this Act and subject to subsection (h), the Secretary
shall establish a total of not less than 2 and not more than 5
watershed pilots in a Reclamation State.</DELETED>
<DELETED> (b) Management of Watershed Pilots.--</DELETED>
<DELETED> (1) Management by secretary.--Management and
responsibility for each watershed pilot shall be led by the
Secretary.</DELETED>
<DELETED> (2) Management team.--The Secretary shall
designate a management team for the watershed pilot, which
shall be composed of representatives appointed by the
Secretary.</DELETED>
<DELETED> (3) Consultation.--In establishing and carrying
out a watershed pilot, the Secretary and the management team
shall consult with--</DELETED>
<DELETED> (A) State, local, and Tribal
representatives;</DELETED>
<DELETED> (B) nongovernmental organizations,
including water and irrigation districts;</DELETED>
<DELETED> (C) private sector representatives;
and</DELETED>
<DELETED> (D) such other individuals or entities as
the Secretary and the management team determine to be
appropriate.</DELETED>
<DELETED> (c) Plan.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date on which a watershed pilot is established, the management
team for the applicable watershed pilot shall develop and
implement a 5-year plan for carrying out the watershed
pilot.</DELETED>
<DELETED> (2) Requirements.--A plan shall incorporate--
</DELETED>
<DELETED> (A) advance watershed analytics to
establish milestones, outcome targets, an
implementation plan, and a timeline for achieving the
milestones, targets, and full implementation;</DELETED>
<DELETED> (B) a coordinated cross-agency funding
strategy that will--</DELETED>
<DELETED> (i) achieve the milestones and
outcome targets established under subparagraph
(A) in an effective and flexible manner by
efficiently and quickly delivering Federal
financial sources to qualifying
projects;</DELETED>
<DELETED> (ii) leverage amounts made
available under sections 4(c)(4) and 7 with
existing Federal financial sources;</DELETED>
<DELETED> (iii) use Federal financial
sources and amounts from the Fund to leverage
and attract investments from private or
philanthropic sources to accelerate greater
outcomes-based results; and</DELETED>
<DELETED> (iv) concentrate Federal financial
source commitments from multiple agencies in a
watershed pilot during the period of the
watershed pilot;</DELETED>
<DELETED> (C) annually updated progress tracking
against milestones and targets; and</DELETED>
<DELETED> (D) such other information as the
Secretary determines to be relevant to achieve outcomes
on an accelerated timeline.</DELETED>
<DELETED> (3) Review.--A plan shall be reviewed annually by
the management team.</DELETED>
<DELETED> (d) Notification.--On adoption of each plan, the Secretary
shall submit to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives a
notification that the watershed pilot has been established and the plan
has been adopted.</DELETED>
<DELETED> (e) Disbursement of Funds to Qualifying Projects.--Not
later than 30 days after the date on which the Secretary and the
management team for a watershed pilot verify outcomes from the
qualifying project, the Secretary and the management team for the
watershed pilot shall disburse amounts from Federal financial sources,
including amounts made available under sections 4(c)(4) and 7, to a
qualifying project, through pay-for-performance contracts, at agreed
upon outcome prices.</DELETED>
<DELETED> (f) Minimum Outcome Prices.--Not later than 1 year after
the date on which a watershed pilot is established, the Secretary and
the management team for the watershed pilot shall set and publish
minimum per-unit outcome prices.</DELETED>
<DELETED> (g) Use of Advance Watershed Analytics.--The Secretary and
the management team for each watershed pilot shall use advance
watershed analytics throughout the planning, implementation, measuring,
and monitoring of outcomes within the watershed pilot.</DELETED>
<DELETED> (h) Authority for Additional Pilots.--The Secretary,
following notification of the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of Representatives,
shall approve the establishment of more than 5 watershed pilots under
this section.</DELETED>
<DELETED>SEC. 4. FINANCING AND FUNDING OF WATERSHED PILOTS.</DELETED>
<DELETED> (a) Use of Pay-For-Performance Contracts.--In carrying out
a watershed pilot, the Secretary shall enter into a pay-for-performance
contract to achieve outcome-based goals described in the plan developed
for the watershed pilot.</DELETED>
<DELETED> (b) Flexibility Under Existing Programs.--The Secretary
shall modify, expand, or streamline eligibility and verification
criteria for existing Federal financial sources to maximize
flexibility, speed, and use of Federal funds in the most effective
manner to achieve outcomes under the watershed pilot.</DELETED>
<DELETED> (c) Environmental Outcomes Fund.--</DELETED>
<DELETED> (1) In general.--The Secretary shall establish an
Environmental Outcomes Fund.</DELETED>
<DELETED> (2) Use of fund.--Amounts in the Fund shall only
be expended on pay-for-performance contracts under a watershed
pilot.</DELETED>
<DELETED> (3) Criteria.--Amounts in the Fund shall be
expended in accordance with--</DELETED>
<DELETED> (A) this Act, including the plan developed
for the applicable watershed pilot; and</DELETED>
<DELETED> (B) criteria established by the Secretary
and the management team for the applicable watershed
pilot, which shall include criteria for--</DELETED>
<DELETED> (i) eligibility of qualifying
projects;</DELETED>
<DELETED> (ii) types of qualifying
projects;</DELETED>
<DELETED> (iii) the timing of the
disbursement of funds; and</DELETED>
<DELETED> (iv) such other matters as the
Secretary and the management team determine to
be appropriate.</DELETED>
<DELETED> (4) Mandatory funding.--</DELETED>
<DELETED> (A) In general.--Out of any funds in the
Treasury not otherwise appropriated, on October 1,
2024, and on each October 1 thereafter through October
1, 2029, the Secretary of the Treasury shall transfer
to the Secretary from the reclamation fund established
by the first section of the Act of June 17, 1902 (32
Stat. 388, chapter 1093; 43 U.S.C. 391), $15,000,000 to
be deposited in the Fund.</DELETED>
<DELETED> (B) Receipt and acceptance.--The Secretary
shall be entitled to receive, shall accept, and shall
deposit into the Fund for use in accordance with this
subsection the funds transferred under subparagraph
(A), without further appropriation.</DELETED>
<DELETED> (5) Report to congress.--If a watershed pilot is
established as a permanent program, the Secretary may submit to
Congress recommendations for modifications to funding levels
and a permanent authorization of funding for the permanent
program.</DELETED>
<DELETED> (d) Cost-Share Waiver.--Any otherwise applicable cost-
share requirements for existing Federal financial sources, including
under section 212(a)(1) of the Public Lands Corps Act of 1993 (16
U.S.C. 1729(a)(1)), shall be waived for watershed pilots carried out
using amounts made available under this Act.</DELETED>
<DELETED>SEC. 5. REPORTS.</DELETED>
<DELETED> (a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress'' means--
</DELETED>
<DELETED> (1) of the Senate--</DELETED>
<DELETED> (A) the Committee on Appropriations;
and</DELETED>
<DELETED> (B) the Committee on Energy and Natural
Resources; and</DELETED>
<DELETED> (2) of the House of Representatives--</DELETED>
<DELETED> (A) the Committee on Appropriations;
and</DELETED>
<DELETED> (B) the Committee on Natural
Resources.</DELETED>
<DELETED> (b) Annual Reports.--The Secretary shall, not later than
the date on which the budget of the United States Government is
submitted by the President under section 1105 of title 31, United
States Code, for each fiscal year for which the watershed pilot is
being carried out, submit to the appropriate committees of Congress a
report describing the status of each watershed pilot, including
progress towards the milestones described in section
3(c)(2)(A).</DELETED>
<DELETED> (c) 5-Year Report.--Not later than October 1 of the fifth
fiscal year in which a watershed pilot is carried out under section 3,
the Secretary shall submit to the appropriate committees of Congress a
report describing, in accordance with the plan developed for the
applicable watershed pilot--</DELETED>
<DELETED> (1) a summary of--</DELETED>
<DELETED> (A) the projected results of the watershed
pilot in meeting the milestones described in section
3(c)(2)(A);</DELETED>
<DELETED> (B) the projected outcomes of the
watershed pilot described in that section;</DELETED>
<DELETED> (C) the total amount of funds made
available under the watershed pilot;</DELETED>
<DELETED> (D) the type of funding expended under the
watershed pilot; and</DELETED>
<DELETED> (E) such other information as the
Secretary determines to be appropriate; and</DELETED>
<DELETED> (2) recommendations for continuing, terminating,
or making permanent the watershed pilot.</DELETED>
<DELETED> (d) Environmental Outcomes Funds.--</DELETED>
<DELETED> (1) Secretary.--The Secretary, not later than the
date on which the budget of the United States Government is
submitted by the President under section 1105 of title 31,
United States Code, for each fiscal year for which the
watershed pilot is being carried out, submit to the appropriate
committees of Congress a report describing the outcomes
achieved using amounts made available from, management of, and
expenditures from, the Fund.</DELETED>
<DELETED> (2) Inspectors general.--</DELETED>
<DELETED> (A) Audit.--The Inspector General of the
Department of the Interior shall conduct a biannual
audit of the management of, and funding (including
expenditures) relating to, the Fund for the purpose of
ensuring proper and effective use of Federal funding by
evaluating the effectiveness of the watershed pilot in
achieving the plan developed for the watershed pilot,
including an evaluation of the outcomes achieved and
the Federal financial sources used to achieve those
outcomes.</DELETED>
<DELETED> (B) Reports.--The Inspector General of the
Department of the Interior shall, not later than the
date on which the budget of the United States
Government is submitted by the President under section
1105 of title 31, United States Code, for each fiscal
year for which the watershed pilot is being carried
out, submit to the appropriate committees of Congress a
report describing the 2 audits most recently conducted
under subparagraph (A).</DELETED>
<DELETED>SEC. 6. DURATION.</DELETED>
<DELETED> Each watershed pilot shall terminate on the date that is 5
years after the date on which the notification is submitted under
section 3(d) with respect to that watershed pilot.</DELETED>
<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated--</DELETED>
<DELETED> (1) for each watershed pilot, $15,000,000 for each
of fiscal years 2024 through 2029, which shall be in addition
to the amounts made available under section 4(c)(4);
and</DELETED>
<DELETED> (2) to carry out advance watershed analytics for
each watershed pilot, $2,000,000 for each of fiscal years 2024
through 2026.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Watershed Results Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advance watershed analytics.--The term ``advance
watershed analytics'' means the technical analysis that--
(A) is conducted before providing funding for a
watershed outcomes project;
(B) identifies and quantifies the outcomes and
costs of all potential qualifying activities across the
watershed outcomes project; and
(C) assesses how different groups of qualifying
activities in the watershed outcomes project could
efficiently maximize outcomes for the least cost.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(3) Eligible entity.--The term ``eligible entity''
includes--
(A) a State, Indian Tribe, Tribal organization,
irrigation district, or water district;
(B) a State, regional, or local authority, the
members of which include 1 or more organizations with
water or power delivery authority;
(C) any other organization with water or power
delivery authority; and
(D) any nongovernmental entity.
(4) Pay-for-performance contract.--The term ``pay-for-
performance contract'' means a contract to purchase verified
outcomes produced by implemented qualifying activities in a
watershed outcomes project at a negotiated price.
(5) Qualifying activity.--The term ``qualifying activity''
means a conservation project carried out in a watershed
identified through advance watershed analytics as having a high
likelihood of cost-effectively achieving 1 or more outcomes if
implement consistent with applicable performance standards made
available under section 3(e)(4).
(6) Reclamation state.--The term ``Reclamation State''
means--
(A) 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);
(B) the State of Hawaii;
(C) the State of Alaska; and
(D) the Commonwealth of Puerto Rico.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Watershed outcomes project.--The term ``watershed
outcomes project'' means the overall watershed project managed
by the watershed partner.
(9) Watershed partner.--The term ``watershed partner''
means an eligible entity selected by the Secretary under
section 3(a)(2) to carry out a watershed outcomes project.
SEC. 3. WATERSHED OUTCOMES PROJECTS.
(a) Proposals; Selection.--The Secretary shall--
(1) not later than 1 year after the date of enactment of
this Act, solicit the submission from eligible entities of
proposals to develop and implement a strategy that develops and
uses advance watershed analytics to cost-effectively carry out
watershed outcomes projects to achieve meaningful watershed-
scale outcomes in a Reclamation State; and
(2) from among the proposals submitted under paragraph (1),
select a watershed partner for each watershed to complete
advance watershed analytics, carry out watershed outcomes
projects in a Reclamation State, manage watershed partnership
duties during the term of the partnership agreement, and
support pay-for-performance contracts.
(b) Guidelines and Criteria for Proposals.--The Secretary--
(1) shall develop criteria and guidelines for the
submission and selection of proposals under subsection (a); and
(2) for purposes of developing the criteria and guidelines
under paragraph (1), may consider--
(A) the scope of the proposed watershed outcomes
project, including the selected subregion or basin-
level watershed for consideration;
(B) the purpose and goals of the proposed watershed
outcomes project;
(C) any stakeholder outreach conducted with respect
to the proposed watershed outcomes project;
(D) evidence of widespread support within the local
community for, the proposed watershed outcomes project;
(E) the capability of the watershed partner to
perform the required duties in accordance with
subsection (d);
(F) how the watershed partner will procure and use
advance watershed analytics to identify and quantify
the outcomes and costs of all potential qualifying
activities for the proposed watershed outcomes project;
(G) estimated costs of completing advance watershed
analytics and operating the proposed watershed outcomes
project;
(H) the anticipated qualifying activity types that
are relevant for the selected watershed identified
under subparagraph (A); and
(I) plans for monitoring, evaluating, and reporting
on progress made toward achieving the outcomes of the
proposed watershed outcomes project.
(c) Partnership Agreements.--
(1) In general.--The Secretary may enter into a partnership
agreement with a watershed partner selected under subsection
(a)(2) to design and implement a watershed outcomes project
that uses advance watershed analytics to achieve meaningful
watershed-scale outcomes in accordance with this section.
(2) Term.--
(A) In general.--A partnership agreement entered
into under paragraph (1) shall be for a term--
(i) of not more 5 years; or
(ii) if the Secretary determines that a
longer term is necessary to meet the objectives
of the watershed outcomes project, a longer
term established by the Secretary.
(B) Renewal.--A partnership agreement entered into
under paragraph (1) may be renewed for a term of not
more than 5 years.
(C) Extension.--A partnership agreement entered
into under paragraph (1) or renewed under subparagraph
(B) may be extended 1 time for a term of not more than
2 years, as determined by the Secretary.
(3) Technical and financial assistance.--Through a
partnership agreement entered into under paragraph (1), the
Secretary shall provide to a watershed partner--
(A) technical or financial assistance to design and
implement a watershed outcomes project; and
(B) grants, cooperative agreements, or other
financial assistance to support--
(i) the activities under subparagraph (A);
and
(ii) performance payments to qualifying
activities under subsection (g)(4).
(4) Project development costs.--The Secretary may annually
award to a watershed partner an amount equal to not more than
50 percent of estimated costs of the watershed outcomes project
to carry out the duties described in subsection (d).
(d) Duties of Watershed Partners.--Under a partnership agreement
entered into under subsection (c)(1), the Secretary shall establish
duties to be carried out by the watershed partner, including
considering establishing the following duties:
(1) Preparing a funding and implementation strategy that
uses advance watershed analytics to cost-effectively carry out
a watershed outcomes project by selecting a sufficient number
of qualifying activities to achieve meaningful watershed-scale
outcomes by--
(A) completing advance watershed analytics to
identify and quantify the outcomes and costs of all
potential qualifying activities for the watershed
outcomes project;
(B) establishing baseline metrics to support the
development of setting outcome prices and performance
standards for the watershed outcomes project;
(C) developing performance standards for the
watershed outcomes project;
(D) leveraging financial assistance provided by the
Secretary to secure additional funds for the watershed
outcomes project;
(E) designing, recruiting, and verifying qualifying
activities for the watershed outcomes project; and
(F) providing outcome and financial accounting
services relating to qualifying activities carried out
to achieve outcomes.
(2) Using the strategy prepared under paragraph (1) to
prioritize qualifying activity outreach efforts.
(3) Working with local stakeholders to recruit and design
an implementation-ready queue of priority qualifying
activities.
(4) Ensuring that any proposed priority qualifying
activities have the support of affected local stakeholders.
(5) Setting activity outcome prices and developing
performance standards for qualifying activities.
(6) Developing a plan to carry out qualifying activities
having a high likelihood of cost-effectively achieving 1 or
more outcomes described in subsection (f) if implemented
consistent with the applicable performance standards made
available by the Secretary under subsection (e)(4).
(7) Selecting, developing pay-for-performance contracts
for, funding, and carrying out qualifying activities, in
accordance with the plan developed under paragraph (6), to
achieve meaningful watershed-scale outcomes.
(8)(A) Quantifying the outcomes for qualifying activities.
(B) Verifying that qualifying activities have been
implemented consistent with applicable performance standards.
(C) Providing applicable documentation to the Secretary
with respect to the information quantified and verified under
subparagraphs (A) and (B).
(9) Monitoring qualifying activities at appropriate levels
to confirm ongoing performance.
(10) Other duties necessary to carry out a watershed
outcomes project, as determined to be necessary by the
Secretary.
(e) Duties of Secretary.--Under a partnership agreement entered
into under subsection (c), the Secretary shall--
(1) ensure that there is widespread support within the
local community for the watershed outcomes project;
(2) verify the advance watershed analytics completed by the
watershed partner, to the maximum extent practicable;
(3) ensure that there are made available to the public
outcome price tables, by qualifying activity type, for use as
the basis for negotiating pay-for-performance contracts for the
applicable watershed outcomes project;
(4) ensure that there are made available to the public
qualifying activity and watershed outcomes project performance
standards that are to be used as the basis for--
(A) identifying, quantifying, and verifying
qualifying activity outcomes; and
(B) executing pay-for-performance contracts;
(5) review outcome quantification and verification
documentation provided by the watershed partner under
subsection (d)(8)(C);
(6) provide to a watershed partner financial assistance to
purchase verified outcomes from qualifying activities in a
watershed outcomes project, at prices set for the watershed
outcomes project in accordance with this section; and
(7) coordinate with other Federal agencies, to the maximum
extent practicable, to help leverage and concentrate funding
into watershed outcomes projects.
(f) Required Outcomes for Qualifying Activities.--To be eligible
for a performance payment under subsection (g)(4), a qualified activity
shall produce 1 or more measurable, clearly defined outcomes that
result in a quantifiable and verifiable--
(1) increase in surface water or groundwater;
(2) increase in aquatic habitat quality, quantity,
connectivity, or access in a watershed;
(3) surface water or groundwater quality improvement,
including water temperature reductions, or a reduction in
salinity or nutrient or sediment runoff associated with
irrigated agriculture; or
(4) other quantifiable benefits, as determined by the
Secretary, likely to improve watershed health in the watershed
outcomes project.
(g) Financial Assistance for Qualifying Activities in Watershed
Outcomes Projects.--
(1) Leveraging federal funding.--To achieve meaningful
watershed-scale outcomes, amounts made available under section
5 may be used to satisfy any cost-sharing requirement with
respect to carrying out a watershed outcomes project.
(2) Federal share.--The Federal share of grants or other
financial assistance for a watershed outcomes project under
this Act shall be not more than 75 percent of the total cost of
the watershed outcomes project.
(3) Watershed partner contributions.--The Secretary may--
(A) accept non-Federal contributions for a
watershed outcomes project, including funding or
financing secured by the watershed partner in
accordance with the strategy developed under subsection
(d)(1); and
(B) use amounts accepted under subparagraph (A) to
carry out activities authorized under this Act in the
watershed outcomes project.
(4) Performance payments.--Not later than 90 days after the
date on which a watershed partner verifies the outcomes
generated from qualifying activities and confirms that the
qualifying activity has been implemented consistent with the
performance standards of the applicable watershed outcomes
project, the Secretary shall provide financial assistance to
the watershed partner to support performance payments.
(h) Maximum Number of Watershed Outcomes Projects.--Not more than a
total of 5 watershed outcomes projects may be carried out under this
section.
(i) Restrictions on Use of Advance Watershed Analytics Data.--
(1) In general.--Nothing in this Act affects or modifies
existing law with respect to the treatment of personal data in
the conduct by an employee of the Federal Government or a
designee of an employee of the Federal Government in carrying
out official duties of the Federal employee or designee under
this Act.
(2) Data collection.--All information or data collected or
assembled by a Federal employee or a designee of a Federal
employee to complete advance watershed analytics activities,
directly or indirectly, under this Act--
(A) shall be used for the sole purpose of
identifying, prioritizing, and funding qualifying
activities in a watershed outcomes project; and
(B) shall be considered to be confidential
commercial information that is exempt from disclosure
under section 552(b)(4) of title 5, United States Code
(commonly known as the ``Freedom of Information Act'').
(3) Applicability to watershed partners.--Any restrictions
on a Federal employee under this section shall apply to an
employee of a watershed partner.
(j) Effect.--Nothing in this Act creates, impairs, alters, or
supersedes a Federal or State water right.
SEC. 4. BRIEFING; REPORTS.
(a) Annual Briefing or Report.--For each fiscal year for which a
watershed outcomes project is carried out under section 3, not later
than the date on which the budget of the United States Government is
submitted by the President under section 1105 of title 31, United
States Code, for that fiscal year, the Secretary shall provide to the
appropriate committees of Congress a briefing or report describing the
status of each watershed outcomes project, including progress towards
the applicable strategy prepared under section 3(d)(1), including any
payments made for outcomes.
(b) 5-year Report.--Not later than October 1 of the fifth fiscal
year in which a watershed outcomes project is carried out under section
3, the Secretary shall submit to the appropriate committees of Congress
a report that--
(1) summarizes--
(A) the projected results of the qualifying
activities in the watershed outcomes project in meeting
the strategy prepared under section 3(d)(1);
(B) the projected outcomes of the watershed
outcomes project;
(C) the total amount of funds secured for the
watershed outcomes project;
(D) the type of funding expended under the
watershed outcomes project; and
(E) such other information as the Secretary
determines to be appropriate; and
(2) includes recommendations for continuing, terminating,
or making permanent the authorizations under this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this Act $17,000,000 for each of fiscal years 2025 through 2030.
Amend the title so as to read: ``A bill to authorize the
conduct of watershed outcomes projects, and for other
purposes.''.
Calendar No. 587
118th CONGRESS
2d Session
S. 2169
A BILL
To authorize the Secretary of the Interior to carry out watershed
pilots, and for other purposes.
November 21, 2024
Reported with an amendment and an amendment to the title
Timeline
June 22, 2023SenateIntroduced
June 22, 2023SenateReferred to a Committee
November 21, 2024SenateScheduled for Future Consideration