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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9512 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9512
To reauthorize the water storage program under Subtitle J of the Water
Infrastructure Improvements for the Nation Act, to authorize
environmental restoration and recovery in the Sacramento River Basin,
to authorize nonreimbursable Federal contribution to operation and
maintenance for public benefits of State-led storage projects, to
establish a Federal Leadership Committee for the Sacramento River
Basin, to authorize the retention of revenue from eligible temporary
water transfers for drought resilience, extraordinary maintenance, and
dam safety investments, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 29, 2026
Mr. Gallagher introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To reauthorize the water storage program under Subtitle J of the Water
Infrastructure Improvements for the Nation Act, to authorize
environmental restoration and recovery in the Sacramento River Basin,
to authorize nonreimbursable Federal contribution to operation and
maintenance for public benefits of State-led storage projects, to
establish a Federal Leadership Committee for the Sacramento River
Basin, to authorize the retention of revenue from eligible temporary
water transfers for drought resilience, extraordinary maintenance, and
dam safety investments, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Doug LaMalfa Sacramento River Basin
Water Security and Reliability Act of 2026''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) WIIN act.--The term ``WIIN Act'' means the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322; 130 Stat. 1628).
SEC. 3. REAUTHORIZATION OF WATER STORAGE PROGRAM.
(a) Extension of Feasibility Deadline.--Section 4007(i) of the WIIN
Act (130 Stat. 1877) is amended by striking ``January 1, 2021'' and
inserting ``January 1, 2041''.
(b) Continued Applicability.--Notwithstanding section 4013 of the
WIIN Act (130 Stat. 1883), section 4007 of such Act, as amended by
subsection (a), shall remain in effect.
SEC. 4. FEDERAL CONTRIBUTION TO OPERATION AND MAINTENANCE FOR PUBLIC
BENEFITS OF STATE-LED STORAGE PROJECTS.
(a) Authorization.--The Secretary, acting through the Commissioner,
is authorized to contribute to the operations, maintenance, and
replacement costs associated with public benefits provided by State-led
water storage projects that receive financial assistance under section
4007 of the WIIN Act (130 Stat. 1872).
(b) Eligible Costs.--Federal funds provided under this section may
be used only to cover operations, maintenance, and replacement costs
directly associated with the public benefits of eligible State-led
storage projects.
(c) Cost-Share Limitation.--The Federal contribution toward
operations, maintenance, and replacement costs under this section shall
not exceed 50 percent of the total annual costs associated with the
public benefits of each eligible project.
(d) Definition of Public Benefits.--In this section, the term
``public benefits'' means benefits that are in excess of express
mitigation and environmental compliance obligations under applicable
Federal and State law (including regulations, permits, contracts,
licenses, grants, or orders or decisions from Federal and State
courts), and that include ecosystem improvements, fish and wildlife
enhancements, water quality improvements, recreation, flood control,
and other similar benefits as determined by the Secretary.
(e) Nonreimbursable.--Any Federal funds provided under this section
shall be nonreimbursable to the United States.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section.
SEC. 5. SACRAMENTO RIVER BASIN ENVIRONMENTAL RESTORATION AND RECOVERY.
(a) Amendment.--Section 4010(b) of the WIIN Act (Public Law 114-
322; 130 Stat. 1872) is amended by striking paragraph (2) and inserting
the following:
``(2) Actions for benefit of endangered species, important
habitat, and sacramento river basin recovery.--
``(A) In general.--There is authorized to be
appropriated to the Secretary of the Interior (acting
through the Commissioner of Reclamation) $500,000,000
for the period of fiscal years 2028 through 2037--
``(i) for--
``(I) gravel and rearing area
additions, fish passage improvements,
barrier removal, and habitat
restoration to the Sacramento River,
its tributaries, or other rivers or
river basins affected by the operation
of Bureau of Reclamation facilities to
benefit species listed as threatened or
endangered under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.),
including Chinook salmon and steelhead
trout;
``(II) scientifically improved and
increased real-time monitoring to
inform real-time operations of Bureau
of Reclamation facilities, and
alternative methods, models, and
equipment to improve temperature
modeling, science, and monitoring to
support flow benefits for fish species,
and related forecasted information for
purposes of predicting impacts to
salmon, salmon habitat, species listed
as threatened or endangered under the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), or other species
of concern as a result of water
management at Bureau of Reclamation
facilities;
``(III) aquatic habitat restoration
activities, including floodplain
reconnection and reactivation projects
(such as off-channel and managed
floodplain inundation projects that
enhance biological productivity and
food web support for fish) that enhance
the ability of the Bureau of
Reclamation to meet contractual
obligations for water deliveries;
``(IV) fish hatchery modernization
and construction projects;
``(V) fish screen installations and
improvements;
``(VI) introduction or
reintroduction of native anadromous
fish into streams tributary to the
Sacramento River; and
``(VII) structural or operational
improvements, including temperature
control and associated facilities,
necessary to implement activities
described in subclauses (I) through
(VI); and
``(ii) for planning, design, scientific
studies, resource and biological monitoring,
environmental reviews, permitting,
construction, implementation, and adaptive
management associated with any of the
activities described in clause (i).
``(B) Nonreimbursable.--Any Federal funds provided
by the Secretary under this paragraph shall be
nonreimbursable to the United States.
``(C) Contract treatment.--For purposes of section
203 of the Reclamation Reform Act of 1982 (43 U.S.C.
390cc) or section 3404(a) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law
102-575; 106 Stat. 4708), a grant, cooperative
agreement, partnership agreement, or other financial
assistance instrument entered into pursuant to this
paragraph shall not be treated as a new or amended
contract.''.
(b) Effect on Sunset.--Notwithstanding section 4013 of the WIIN Act
(Public Law 114-322; 130 Stat. 1883), section 4010(b)(2) of such Act
(as amended by subsection (a)) shall take effect on the date of
enactment of this Act.
SEC. 6. SACRAMENTO RIVER BASIN INTEGRATED WATER MANAGEMENT FEDERAL
LEADERSHIP COMMITTEE.
(a) Findings.--Congress finds that--
(1) on October 23, 2024, the United States Bureau of
Reclamation, the United States Fish and Wildlife Service, the
United States Army Corps of Engineers, the Bureau of Land
Management, the Natural Resources Conservation Service, the
National Fish and Wildlife Foundation, the California Natural
Resources Agency, the California Department of Fish and
Wildlife, the California Department of Food and Agriculture,
and the California Department of Water Resources entered into
the Memorandum of Understanding Advancing Floodplain Forward in
the Sacramento River Basin (in this section referred to as the
``Sacramento Floodplain MOU''), to coordinate planning, design,
implementation, monitoring, and information sharing of
conservation projects in the Sacramento River Basin;
(2) the Sacramento Floodplain MOU contemplates Federal-
State coordination at a scale that requires standing
interagency leadership distinct from project-by-project
coordination; and
(3) a Federal leadership committee dedicated to the
Sacramento River Basin is necessary to give effect to the
Sacramento Floodplain MOU and to accelerate implementation of
habitat restoration and water-supply reliability projects in
the Basin.
(b) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the Sacramento
River Basin Integrated Water Management Federal Leadership
Committee established under subsection (c).
(2) Covered project.--The term ``covered project'' means a
habitat restoration, floodplain reactivation, hatchery
modernization, fish passage, fish screening, water
infrastructure, groundwater recharge, working-lands habitat
partnership, or fishery monitoring project located in the
Sacramento River Basin that supports the recovery of native
anadromous fish, improves water-supply reliability, or enhances
ecosystem resilience.
(3) Sacramento floodplain mou.--The term ``Sacramento
Floodplain MOU'' means the Memorandum of Understanding
Advancing Floodplain Forward in the Sacramento River Basin,
dated October 23, 2024, or any successor instrument.
(c) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a committee, to be
known as the Sacramento River Basin Integrated Water Management Federal
Leadership Committee, to provide assistance to eligible entities and
Federal agencies in advancing covered projects.
(d) Chairperson.--The Assistant Secretary of the Interior for Water
and Science shall serve as the chairperson of the Committee and shall
coordinate the activities of, and communication among, members of the
Committee.
(e) Membership.--The Committee shall include representatives of
each of the Federal signatories to the Sacramento Floodplain MOU, and
such other Federal agency representatives as the chairperson determines
appropriate, including representatives of--
(1) the Bureau of Reclamation;
(2) the United States Fish and Wildlife Service;
(3) the National Marine Fisheries Service;
(4) the Corps of Engineers;
(5) the Bureau of Land Management;
(6) the Natural Resources Conservation Service;
(7) the Environmental Protection Agency; and
(8) the United States Geological Survey.
(f) State and Tribal Participation.--The chairperson may invite
representatives of the State of California, affected Indian Tribes, and
other non-Federal entities to participate in the activities of the
Committee as the chairperson determines appropriate.
(g) Duties.--The Committee shall--
(1) facilitate interagency coordination with respect to
covered projects, including by identifying and resolving
regulatory, jurisdictional, and procedural obstacles to project
implementation;
(2) identify opportunities for Federal agencies to align
existing programs, authorities, and funding streams in support
of covered projects;
(3) support implementation of the Sacramento Floodplain MOU
and any successor instrument;
(4) coordinate Federal agency activities with the NMFS
Recovery Plan for Sacramento River Winter-Run Chinook, the
Winter-Run Chinook Salmon Reintroduction Priority Action Plan,
and other applicable recovery and restoration plans for native
anadromous fish in the Sacramento River Basin;
(5) recommend to Congress priorities for Federal investment
in covered projects; and
(6) submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate an annual report describing the
activities of the Committee and the status of covered projects.
(h) Administrative Support.--The Secretary shall provide such
staff, facilities, and other administrative support as may be necessary
to carry out the activities of the Committee.
(i) Termination.--The Committee shall terminate on the date that is
15 years after the date of enactment of this Act, unless extended by an
Act of Congress.
SEC. 7. USE OF REVENUE FOR DROUGHT RESILIENCE INVESTMENTS,
EXTRAORDINARY MAINTENANCE ACTIVITIES, OR DAM SAFETY
INVESTMENTS.
(a) Definitions.--In this section:
(1) Dam safety investment.--The term ``dam safety
investment'' means a project undertaken to satisfy dam safety
standards--
(A) under the Federal Guidelines for Dam Safety
issued by the Federal Emergency Management Agency or
the Interagency Committee on Dam Safety;
(B) under the Bureau of Reclamation Dam Safety
Program established pursuant to the Reclamation Safety
of Dams Act of 1978 (43 U.S.C. 506 et seq.), including
repayment of an obligation for a corrective action
taken pursuant to that program; or
(C) required by the State for a non-Federal dam in
which a Bureau of Reclamation project or facility is
located.
(2) Drought resilience investment.--The term ``drought
resilience investment'' means an improvement or addition to an
eligible facility that would increase drought resilience in a
Reclamation State (as such term is defined in section 4014 of
the WIIN Act (43 U.S.C. 390b note)).
(3) Eligible facility.--The term ``eligible facility''
means--
(A) a project or facility owned by the Bureau of
Reclamation; and
(B) a non-Federal facility that stores, transports,
or delivers water to or from a project or facility
described in subparagraph (A).
(4) Eligible temporary transfer.--The term ``eligible
temporary transfer'' means the temporary and voluntary selling,
leasing, or exchanging of water or water rights among
individuals or agencies that is allowable under the reclamation
laws and the water law of the applicable State.
(5) Extraordinary maintenance activity.--The term
``extraordinary maintenance activity'' means annual payments on
repayment obligations incurred under section 9603 of the
Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b).
(6) Reclamation act.--The term ``Reclamation Act'' means
the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
(7) Transferor.--The term ``transferor'' means the holder
of a water service, transferred works, water repayment, or
other contract that entitles the holder to water from a Bureau
of Reclamation project or facility that undertakes an eligible
temporary transfer.
(b) Retention of Revenue.--A transferor may retain all amounts
derived from an eligible temporary transfer that would otherwise be
deposited in the reclamation fund established by the first section of
the Reclamation Act (43 U.S.C. 391), in accordance with this section.
(c) Use of Funds.--Any funds retained by a transferor under
subsection (b) may be used on completion of the repayment of capital
attributable to the original construction of the project, if the funds
are--
(1) used for a drought resilience investment, extraordinary
maintenance activity, or dam safety investment; or
(2) placed in the reserve account of the transferor, to be
used for drought resilience investments, extraordinary
maintenance activities, or dam safety investments, subject to
subsection (d).
(d) Transfer of Unused Funds to Reclamation Fund.--Any funds placed
in the reserve account of the transferor pursuant to subsection (c)(2)
that are not used for drought resilience investments, extraordinary
maintenance activities, or dam safety investments by the date that is
10 years after the date of the placement shall be transferred to the
reclamation fund established by the first section of the Reclamation
Act (43 U.S.C. 391) and shall be applied to the transferor's repayment
obligations in the same manner such funds would be applied outside of
this section.
(e) Reporting.--The transferor shall report to the Commissioner,
from time to time as determined by the Commissioner, on the uses of
funds derived from an eligible temporary transfer.
(f) Effect.--
(1) In general.--Nothing in this section--
(A) affects any other authority of the Secretary to
use amounts derived from revenues from a Bureau of
Reclamation project; or
(B) creates, impairs, alters, or supersedes a State
water right.
(2) Applicable law.--Any eligible temporary transfer shall
comply with all applicable--
(A) State water laws;
(B) Federal laws and policies; and
(C) interstate water compacts.
(g) Applicability.--This section applies to the Reclamation Act and
Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.).
SEC. 8. SAVINGS CLAUSES; RULES OF CONSTRUCTION.
(a) WIIN Act Section 4012.--Nothing in this Act, or any amendment
made by this Act, modifies, supersedes, or otherwise alters the
protections and limitations set forth in section 4012 of the WIIN Act
(Public Law 114-322; 130 Stat. 1882).
(b) Central Valley Project Improvement Act.--Nothing in this Act,
or any amendment made by this Act, modifies, supersedes, or otherwise
alters--
(1) any obligation of the Secretary under the Central
Valley Project Improvement Act (title XXXIV of Public Law 102-
575; 106 Stat. 4706); or
(2) the obligation of the Secretary, acting through the
Commissioner, to make water available to managed wetlands and
wildlife refuges under section 3406(d) of that Act (106 Stat.
4722).
(c) Settlement and Exchange Contractor Rights.--Nothing in this
Act, or any amendment made by this Act, modifies or amends--
(1) the rights and obligations of the United States and the
Sacramento River Settlement Contractors under their settlement
contracts with the United States;
(2) the rights and obligations under the Purchase Contract
between Miller and Lux and the United States and the Second
Amended Exchange Contract between the United States, Department
of the Interior, Bureau of Reclamation, and Central California
Irrigation District, San Luis Canal Company, Firebaugh Canal
Water District, and Columbia Canal Company; or
(3) the priority of the Friant Division of the Central
Valley Project over other Central Valley Project divisions.
(d) State Water Law.--Nothing in this Act, or any amendment made by
this Act, preempts or modifies any obligation of the United States or
any other person to act in conformance with applicable State law,
including applicable State water law.
(e) Tribal Trust and Treaty Rights.--Nothing in this Act, or any
amendment made by this Act, modifies, supersedes, or otherwise
affects--
(1) the trust responsibility of the United States to Indian
Tribes;
(2) any treaty right of any Indian Tribe;
(3) any reserved water right of any Indian Tribe; or
(4) any right or obligation under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et
seq.), including any right or obligation under title V of that
Act (25 U.S.C. 5381 et seq.).
(f) Endangered Species Act.--Nothing in this Act, or any amendment
made by this Act, modifies the applicability of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) to any Federal action.
(g) Biological Opinions.--Nothing in this Act, or any amendment
made by this Act, modifies, supersedes, or otherwise alters any
requirement of any biological opinion issued under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) governing the
coordinated long-term operation of the Central Valley Project and the
State Water Project, or any successor biological opinion.
(h) Reclamation Fund Repayment Obligations.--Nothing in section 7
of this Act, including the authority to retain amounts derived from
eligible temporary transfers under that section, modifies, supersedes,
or otherwise alters the underlying repayment obligations of any
transferor under any contract with the United States or under any other
provision of law, except as expressly provided in section 7.
(i) Severability.--If any provision of this Act, or the application
of any provision of this Act to any person or circumstance, is held to
be invalid, the application of such provision to other persons or
circumstances, and the remainder of this Act, shall not be affected.
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