Overview

Title

To authorize the Secretary of the Interior to carry out watershed pilots, and for other purposes.

ELI5 AI

S. 2169 is a plan that lets the government try out special projects to make rivers and lakes cleaner and better. They will give money to these projects if they do a good job and help protect nature.

Summary AI

S. 2169 aims to allow the Secretary of the Interior to initiate watershed pilot projects in the United States. The bill focuses on using technical analysis to identify effective projects that can achieve measurable environmental improvements such as increasing water supply or enhancing aquatic habitats. It establishes an Environmental Outcomes Fund, through which federal funds will be allocated to these projects based on performance and outcomes. The Secretary is also required to report to Congress on the progress and results of these projects, with the possibility of expanding the program beyond the initial pilots.

Published

2024-11-21
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-11-21
Package ID: BILLS-118s2169rs

Bill Statistics

Size

Sections:
12
Words:
5,528
Pages:
30
Sentences:
103

Language

Nouns: 1,547
Verbs: 508
Adjectives: 347
Adverbs: 39
Numbers: 212
Entities: 226

Complexity

Average Token Length:
4.53
Average Sentence Length:
53.67
Token Entropy:
5.26
Readability (ARI):
30.14

AnalysisAI

General Summary of the Bill

The proposed legislation, titled the “Watershed Results Act,” aims to enhance watershed management across certain U.S. states and territories. The bill grants the Secretary of the Interior the authority to establish and manage watershed pilot projects that aim to deliver tangible environmental improvements, such as increased surface water or groundwater and improved aquatic habitats. It provides a detailed framework for leveraging public and private funding sources through innovative pay-for-performance contracts. The bill also sets the stage for adopting advanced analytics in watershed management, potentially restructuring how water and habitat enhancement projects are evaluated and funded.

Summary of Significant Issues

Several significant issues emerge from this legislation. Firstly, the definition of key terms like "advance watershed analytics" and "pay-for-performance contracts" is somewhat vague, leading to concerns about varied interpretations and potential challenges in implementation. Critics might fear that the lack of specificity could result in inconsistencies or inefficiencies.

Furthermore, the broad definition of “Federal financial source” is open to various interpretations, potentially leading to ambiguity about what funds can be used and how they are sourced, increasing the risk of financial misuse. Additionally, the bill doesn't outline clear criteria or transparency about selecting the 2 to 5 watershed pilots, which may lead to perceptions of favoritism.

Another major concern is the substantial financial commitment proposed—$15 million annually per watershed pilot—with little detailed justification, raising alarms about potential wasteful expenditure.

Potential Broad Impact

Broadly, the bill could have a significant impact on watershed management, providing a more structured and outcome-focused approach. By leveraging advanced analytics, the bill aims to bring a level of data-driven decision-making into environmental strategies, which might improve efficiency and effectiveness in achieving environmental goals.

Yet, the substantial funds allocated, combined with loose definitions, could lead to fiscal misuse if not carefully monitored. If the legislation succeeds in its aims, it could serve as a model for other environmental projects, prioritizing tangible outcomes and cross-sector involvement.

Potential Stakeholder Impact

Environmental agencies and organizations stand to gain from an influx of resources and attention to watershed management, potentially enhancing environmental health across multiple regions. They may also benefit from the bill's focus on performance outcomes, directing funds to projects demonstrating measurable success.

State and local governments could see positive impacts through improved water resource management, possibly reducing pressures on local utilities and spurring economic opportunities tied to healthier watersheds. However, the perceived favoritism in pilot selection might skew regional benefits.

The private sector might find new opportunities through pay-for-performance contracts, fostering innovative solutions to environmental challenges. Yet, there may be apprehension regarding compliance costs and the clarity of outcome verification processes.

Conversely, local communities, including potentially affected stakeholders like indigenous groups or agriculture-related entities, might worry about insufficient involvement despite the emphasis on public and local consultation due to vague definitions of engagement roles. They might also express concerns over data privacy issues related to managing watershed analytics.

In essence, while the bill holds promise for improved environmental outcomes, it necessitates a clearer, more transparent framework to ensure fair, effective implementation and equitable distribution of benefits.

Financial Assessment

The proposed legislation S. 2169 focuses on authorizing the Secretary of the Interior to implement watershed pilot projects, which aim to enhance water supply and quality, among other environmental outcomes. Significant financial elements are embedded throughout the bill, particularly concerning funding allocations and appropriations for these projects.

Financial Summary

The bill establishes an Environmental Outcomes Fund specifically for the financing of these watershed pilots. Each project is earmarked to receive federal support in a performance-based funding model. Importantly, the legislation mandates that the Secretary of the Treasury transfer $15,000,000 annually from the reclamation fund to the Environmental Outcomes Fund from October 1, 2024, through October 1, 2029. This sum is intended to support projects categorized under this initiative, emphasizing a focus on output and outcome-based contracts.

Additionally, the bill authorizes further appropriations of $15,000,000 annually for each fiscal year from 2024 to 2029, targeted at each watershed pilot. Furthermore, $2,000,000 per fiscal year from 2024 to 2026 is allocated for advance watershed analytics, which aids in identifying impactful projects within these pilots.

Relation to Identified Issues

Several issues are noteworthy with respect to the financial allocations of the bill:

  1. Broad Financial Definitions: The definition of "Federal financial source" in the bill is expansive, which may open avenues for varied interpretations. This could potentially result in the allocation of funds to a wide array of activities that may not strictly align with the intended objectives of the pilots, emphasizing the necessity for clearer demarcation.

  2. Significant Financial Commitment: The allocation of $15,000,000 annually is substantial. Given this large financial commitment, the lack of a detailed justification or comprehensive cost-analysis process raises concerns about the efficiency and effectiveness of the financial outlay. This echoes broader concerns on the magnitude of funds without specific clarity on their deployment.

  3. Selection Criteria for Pilots: The bill does not explicitly outline the methodology for selecting the 2 to 5 watershed pilots. This absence might contribute to concerns regarding transparency and equitable distribution of the allotted financial resources, thus necessitating more defined selection criteria.

  4. Performance and Outcome Verification: The bill employs a "pay-for-performance" model, but lacks a clear verification process for achieving outcomes. This could lead to financial conflicts where contracting parties dispute whether the agreed-upon results, which trigger payments, have truly been met.

  5. Additional Pilots and Oversight: The authority granted to establish more than five pilots without stringent oversight mechanisms could potentially extend funding commitments beyond the legislation's original scope. This extension might strain financial resources and necessitates further oversight to ensure prudent fiscal management.

In summary, while S. 2169 outlines substantial financial commitments to support watershed improvement projects, it simultaneously raises concerns regarding the clarity and justification of these allocations, the transparency of project selection criteria, and adequate oversight of financial resources.

Issues

  • The definition of 'advance watershed analytics' in Section 2 and its usage throughout Sections 3 and 4 lacks specificity, which could lead to varied interpretations and potential mismanagement of resources.

  • The broad definition of 'Federal financial source' in Section 2 may include many types of funding, lacking clarity and creating room for misinterpretation or misuse.

  • The 'pay-for-performance contract' described in Sections 2, 3, and 4 does not clearly specify the verification process for outcomes, potentially leading to disputes over contract fulfillment.

  • The methodology for selecting the 2 to 5 watershed pilots in Section 3 is not outlined, which might raise concerns about favoritism or lack of transparency in the selection process.

  • The allocation of $15,000,000 annually as specified in Sections 4 and 7 is significant, and there is limited detailed justification for this large financial commitment, raising concerns about potential wasteful spending.

  • The authority for additional pilots granted in Section 3(h) could lead to resource allocation beyond the intended scope without adequate oversight.

  • Section 5's reporting requirements lack specific criteria or benchmarks for evaluating the effectiveness of the watershed pilots, risking subjective evaluations.

  • The handling and confidentiality of data in Section 3(i) could raise legal and ethical issues, especially concerning the transparency and accountability of how data is used and protected.

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 bill provides its short title, stating that it may be called the "Watershed Results Act."

2. Definitions Read Opens in new tab

Summary AI

The section provides definitions for key terms used in the Act, such as "advance watershed analytics" which refers to pre-funding technical analysis for watershed projects, "pay-for-performance contract" meaning a contract to buy successful project outcomes, and "Reclamation State" which includes certain U.S. states and territories involved in reclamation projects. These definitions help clarify the roles and operations involved in watershed pilot programs and funding.

3. Watershed pilots Read Opens in new tab

Summary AI

The bill requires the Secretary to set up 2 to 5 watershed projects in Reclamation States within 180 days and manage them with a team. These projects must have a detailed 5-year plan to meet goals using a variety of funding sources, including private investments. Each plan will be reviewed annually, and progress is reported to Congress. The Secretary can approve more than 5 projects if they notify Congress.

4. Financing and funding of watershed pilots Read Opens in new tab

Summary AI

The section explains how the Secretary will fund watershed pilot projects. They must use pay-for-performance contracts to achieve specific goals, establish an Environmental Outcomes Fund for these projects, and provide mandatory funding from certain federal sources until 2029. Additionally, any cost-share requirements for existing federal funding sources are waived for these initiatives.

Money References

  • (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.

5. Reports Read Opens in new tab

Summary AI

The section outlines the requirement for the Secretary to submit annual and 5-year reports to specific congressional committees on the progress and outcomes of the watershed pilot project, including detailed audits and evaluations to ensure effective use of funds. Additionally, it specifies the roles of the Secretary and the Inspector General in reporting on the management and financial aspects of the project.

6. Duration Read Opens in new tab

Summary AI

Each watershed pilot project will end five years after the date when the required notification is given, as described in section 3(d).

7. Authorization of appropriations Read Opens in new tab

Summary AI

The section authorizes funding for watershed projects, allotting $15 million annually from 2024 to 2029 for each watershed pilot, with an additional $2 million annually from 2024 to 2026 for advance watershed analytics.

Money References

  • There are authorized to be appropriated— (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 (2) to carry out advance watershed analytics for each watershed pilot, $2,000,000 for each of fiscal years 2024 through 2026. ---

1. Short title Read Opens in new tab

Summary AI

The first section of the Act specifies that it can be referred to as the "Watershed Results Act".

2. Definitions Read Opens in new tab

Summary AI

The section defines key terms for understanding how a bill related to managing watersheds will work, including what qualifies as an "advance watershed analytics," who can be an "eligible entity," what a "pay-for-performance contract" is, and the roles of "watershed partners" and "the Secretary of the Interior."

3. Watershed outcomes projects Read Opens in new tab

Summary AI

The section outlines a program where the Secretary of the Interior will select eligible entities to utilize advanced watershed analytics for projects aimed at achieving significant environmental improvements in U.S. watersheds. These projects involve partnerships, technical and financial support, and require approval and performance verification, with a focus on increasing water resources and improving aquatic habitats, while prioritizing community involvement and data confidentiality.

4. Briefing; Reports Read Opens in new tab

Summary AI

For each year that a watershed outcomes project is active, the Secretary must present a yearly briefing or report to Congress detailing the project's status, including its strategy progress and any related payments. Every five years, the Secretary must submit a comprehensive report summarizing projected results, funding details, and offer recommendations on whether to continue, end, or make the project's authorization permanent.

5. Authorization of appropriations Read Opens in new tab

Summary AI

In this section of the bill, there is permission given to allocate $17,000,000 each year from 2025 to 2030 to the Secretary for implementing the Act.

Money References

  • 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.