Overview

Title

To provide for water conservation, drought operations, and drought resilience at water resources development projects, and for other purposes.

ELI5 AI

The "Drought Resilient Infrastructure Act of 2024" is a plan to help save water and prepare for dry times by fixing water projects, getting rid of harmful plants, and working with local groups, even if some places find it expensive to join in.

Summary AI

H.R. 8079, known as the "Drought Resilient Infrastructure Act of 2024," is designed to enhance water conservation and drought resilience in the United States. It authorizes the Secretary of the Army to implement water conservation measures, manage emergency drought operations, and undertake projects to build drought resilience at water resources development projects. The bill supports modifications to existing infrastructure for increased water supply, the removal of invasive species that worsen drought conditions, and encourages coordination with state and local authorities. Additionally, the legislation includes amendments to existing laws that facilitate technical assistance and cost-sharing for projects involving non-Federal interests, with a focus on the Colorado River Basin States and tribal partnerships.

Published

2024-04-18
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-04-18
Package ID: BILLS-118hr8079ih

Bill Statistics

Size

Sections:
11
Words:
3,176
Pages:
16
Sentences:
45

Language

Nouns: 897
Verbs: 220
Adjectives: 164
Adverbs: 4
Numbers: 180
Entities: 166

Complexity

Average Token Length:
4.07
Average Sentence Length:
70.58
Token Entropy:
5.12
Readability (ARI):
36.16

AnalysisAI

The "Drought Resilient Infrastructure Act of 2024" is a proposed bill aiming to enhance the United States' capacity to manage water resources effectively, particularly in light of ongoing and future drought conditions. Introduced in the House of Representatives, the bill outlines several measures to bolster water conservation, improve drought resilience, and optimize the emergency operation of water resource projects. The focus is on allowing and mandating actions across various federal and state projects, especially those concerning the Colorado River Basin.

General Summary

The bill outlines a comprehensive strategy for managing water resources under increasingly severe drought conditions. It empowers the Secretary of the Army to implement various conservation projects, expand the capacity for emergency operations during droughts, and prioritize water supply as a crucial component of certain projects, particularly within the Colorado River Basin states. The legislation also supports initiatives like removing invasive species that exacerbate droughts, using forecast-informed operations for reservoir management, and bolstering collaborative programs like the Silver Jackets, which focus on flood risk management and reduction.

Summary of Significant Issues

One of the key issues is the potential for disparity arising from the ability of the Secretary to receive and expend contributed funds from non-federal interests, which might favor wealthier organizations. Additionally, the requirement for a significant non-federal cost share for project participation might sideline less affluent communities. The definitions and scope within the bill, such as what constitutes a "covered project," are broad and could lead to inconsistent application and funding. There might also be ethical concerns about federal agencies participating in infrastructure modifications due to the potential for conflicts of interest.

Furthermore, the bill lacks defined metrics for certain allocations, such as the annual funding for the Silver Jackets program, risking inefficient use of funds without clear accountability. The extensive savings provisions could undercut the potential effectiveness of the bill by inadvertently clashing with existing legal frameworks and environmental laws. Lastly, certain sections use vague language like "to the extent practicable," which may lead to uneven implementations across regions.

Impact on the Public

Broadly, the bill is designed to mitigate the impacts of drought on the American populace by improving the management and resilience of water resources. However, the bill's execution may result in uneven benefits across different regions and communities. Wealthier areas or organizations might more easily navigate the conditions required for project participation, potentially exacerbating regional inequalities in water security.

The bill might lead to increased federal expenditure, especially where the non-federal cost share has been significantly reduced. While this could accelerate project initiation and completion, it may also risk inefficient spending if not matched by rigorous assessments of project necessity and outcomes.

Impact on Specific Stakeholders

For communities in drought-prone areas and particularly those within the Colorado River Basin, the bill has the potential to significantly bolster water security. State and local governments in these regions could find increased federal support for water resilience projects beneficial. However, challenges might arise for less economically robust areas or non-federal stakeholders that struggle to meet the cost-sharing demands.

The focus on invasive species management could positively impact environmental groups and local ecosystems by aiding in the restoration of native species, although the criteria for such actions need clarification to ensure consistency.

In summary, while the "Drought Resilient Infrastructure Act of 2024" aims to enhance resilience against drought and improve water resource management, its success largely hinges on careful and equitable implementation that ensures funds and projects are allocated based on necessity and fairness.

Financial Assessment

The bill, H.R. 8079, also known as the "Drought Resilient Infrastructure Act of 2024," involves several financial allocations and references that play a crucial role in its implementation and effectiveness. This commentary focuses on these financial references and how they relate to potential issues identified within the legislation.

Appropriations and Spending

The bill sets out multiple specific financial allocations to support its initiatives:

  • Section 4 introduces an authorization of not less than $5,000,000 annually from fiscal years 2024 through 2034 for emergency drought operations. This funding allocation is critical for maintaining operational readiness during drought conditions. However, the broad definition of "covered project" may permit excessive spending without stringent criteria, leading to concerns about unchecked applications and potential resource misallocation.

  • Section 5 limits the federal funding allocation to $10,000,000 for a project at any single locality, ensuring that federal resources are distributed across diverse projects rather than being concentrated in one area. Additionally, it authorizes an appropriation of $35,000,000 annually to support the execution of drought resilience projects. The 35 percent cost-sharing requirement from non-Federal interests raises concerns about the potential exclusion of less affluent communities from benefiting from the projects due to financial burdens.

  • Section 10 authorizes an appropriation of $25,000,000 annually for the Silver Jackets program. Concerns have been raised about this section due to a lack of specific goals or criteria for success, which could lead to inefficient allocation of funds and minimal accountability.

Implications of Financial Contributions and Cost-Sharing

  • Contributed Funds (Sections 4 and 3): The bill allows the Secretary to receive and expend funds from non-Federal interests or Federal agencies to carry out authorized measures. This provision could inadvertently give an advantage to organizations with more financial resources and increase their influence over project selection and execution, potentially skewing the distribution of projects and resources towards wealthier interests.

  • Cost-Sharing in Section 5: The requirement for non-Federal interests to provide 35 percent of the project costs may disadvantage communities with fewer resources, potentially impacting equitable access to these projects. This financial burden could result in only those with sufficient funding being able to participate, undermining the intent of the bill to promote widespread drought resilience.

Financial Impact of Amendments and Expansions

  • Section 11 outlines amendments to the Tribal Partnership Program, significantly reducing the non-Federal share of costs for some projects from 50 percent to 10 percent. This change may lead to increased federal spending, prompting concerns about fiscal responsibility and the necessity of each project funded under these amended terms.

Overall, while the bill outlines significant financial commitments aimed at enhancing water conservation and drought resilience, the associated issues highlight potential pitfalls in the distribution and management of these funds. Careful oversight and detailed criteria for funding allocation are suggested to ensure effective and equitable use of these resources.

Issues

  • The ability for the Secretary to receive and expend funds contributed by non-Federal interests or Federal agencies ('contributed funds') could potentially favor organizations or interests with more resources, affecting Sections 4 and 3.

  • The term 'covered project' in Section 4 is defined in a way that might be overly broad, as it includes any project of the Corps of Engineers without any additional criteria, potentially leading to unchecked applications and funding.

  • Section 5 outlines cost-sharing requirements where non-Federal interests must cover 35 percent of project costs, which could be overly burdensome for some communities, excluding them from participation and impacting equitable access to resources.

  • The amendment in Section 6 regarding the involvement of Federal agencies in infrastructure modifications could lead to conflicts of interest or favoritism if not properly regulated, raising ethical and financial concerns.

  • In Section 10, the authorization of $25,000,000 annually for the Silver Jackets program lacks specific goals or metrics for success, risking potential wasteful spending without accountability.

  • The savings provisions in Section 4 encompass a wide range of laws and could inadvertently limit the section's effectiveness in addressing drought operations or violate certain water rights and environmental laws.

  • Sections 4 and 7 use the term 'to the extent practicable', which introduces ambiguity and flexibility that could affect consistency and accountability in implementations.

  • The reduction of the non-Federal cost-share from 50 percent to 10 percent for certain projects in Section 11 might lead to increased Federal spending, which could be wasteful if projects are not critically assessed for necessity and effectiveness.

  • Section 9 does not specify criteria or processes for selecting non-invasive native species to replace invasive species, leading to inconsistent practices in drought resilience initiatives.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the act specifies its official name, which is the "Drought Resilient Infrastructure Act of 2024."

2. Definition of Secretary Read Opens in new tab

Summary AI

In this section of the bill, the term "Secretary" refers specifically to the Secretary of the Army.

3. Water conservation measures Read Opens in new tab

Summary AI

The section authorizes the Secretary to implement water conservation projects as part of water resource developments, including actions like enhancing stormwater retention and aquifer recharge. It allows the use of contributed funds for these projects, ensures that the efforts comply with state and federal laws, and clarifies that it does not alter existing water rights or authorities.

4. Emergency drought operations Read Opens in new tab

Summary AI

In this section, a "covered project" is defined as certain water-related projects, such as those by the Corps of Engineers, and outlines emergency operations during droughts. It emphasizes water supply as a primary focus, requires updates to water control manuals, ensures operations adhere to specific guidelines, allows for contributed funding, and mandates coordination with state and local authorities, all while preserving existing water rights and environmental laws.

Money References

  • (g) Savings provisions.—Nothing in this section preempts or affects— (1) water rights and water supply agreements; (2) any State water law; (3) any interstate compact governing water; or (4) any obligation to comply with the provisions of any Federal or State environmental law, including— (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (C) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (h) Authorization of appropriations.—Section 5(a) of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), is amended by adding at the end the following: “(6) AUTHORIZATION OF APPROPRIATIONS FOR EMERGENCY DROUGHT OPERATIONS.—Of the amounts made available for each fiscal year to carry out this subsection, not less than $5,000,000 for each of fiscal years 2024 through 2034 shall be used to carry out section 4 of the Drought Resilient Infrastructure Act of 2024.”. ---

5. Drought resilience Read Opens in new tab

Summary AI

The text outlines a bill section where the Secretary is allowed to undertake projects to improve drought resilience through various measures, such as water conservation and managing sediment. The projects require a 35% cost contribution from non-Federal parties and must abide by certain agreements and cost limitations, with a yearly funding authorization of $35 million. Additionally, the section ensures that water rights and laws are not affected by these projects.

Money References

  • (d) Cost limitation.—Not more than $10,000,000 in Federal funds may be allotted under this section for a project at any single locality.
  • (f) Funding.—There is authorized to be appropriated to carry out this section $35,000,000 for each fiscal year.

6. Leveraging Federal infrastructure for increased water supply Read Opens in new tab

Summary AI

The section amends the Water Resources Development Act of 2016 to allow Federal agencies, in addition to non-Federal interests, to be involved in water supply projects. It also permits necessary modifications to infrastructure in order to implement revised operational plans.

7. Water supply purpose, Colorado River Basin States Read Opens in new tab

Summary AI

The section defines a "Colorado River Basin State" as Arizona, California, Colorado, Nevada, New Mexico, Utah, or Wyoming, and states that projects by the Corps of Engineers in these states should include water supply as one of their purposes if requested by the non-Federal project sponsor or the state's Governor. The Secretary must also coordinate with state and local authorities as much as possible.

8. Forecast-informed reservoir operations pilot program Read Opens in new tab

Summary AI

The bill proposes a pilot program in the South Pacific Division of the Corps of Engineers to use weather forecasts to guide water storage decisions. This program aims to improve drought resilience and explore the use of forecasting methods to enhance water supply and conservation efforts in states within the Colorado River Basin.

9. Invasive species that exacerbate drought Read Opens in new tab

Summary AI

The bill proposes changes to existing laws to help combat drought by dealing with invasive species in aquatic environments. This includes allowing projects to remove invasive species that worsen drought and fire risks and to replace them with native plants, as well as providing technical assistance for managing nearby lands.

10. Silver Jackets program Read Opens in new tab

Summary AI

The section authorizes a budget of $25 million per fiscal year for the Silver Jackets program, which is part of flood control efforts overseen by the Secretary of the Army, as outlined in the Flood Control Act of 1960 and the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

Money References

  • Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is amended by adding at the end the following: “(f) Silver Jackets program.—There is authorized to be appropriated $25,000,000 for each fiscal year to carry out the Silver Jackets program of the Secretary established pursuant to this section and section 204 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5134).”. ---

11. Tribal partnership program Read Opens in new tab

Summary AI

The section amends the Water Resources Development Act of 2000 by changing the cost-sharing requirements for certain water projects with tribes. It reduces the non-Federal cost share to 10% for the design and construction of these projects, and specifies conditions for navigation and flood risk management projects, including credits for land and easements.