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 is a plan to save and manage water better during dry times in the U.S. by working with different groups to fix problems, help plants grow, and make sure there's enough water, especially around the Colorado River.

Summary AI

S. 4172, titled the "Drought Resilient Infrastructure Act of 2024," aims to enhance water conservation, drought operations, and resilience at U.S. water projects. It authorizes the Secretary of the Army to implement water conservation measures and emergency drought operations, allowing collaboration with state, local, and non-federal parties. The bill supports technical assistance for drought resilience initiatives and allocates funding to address invasive species that worsen drought conditions. It also includes provisions for forecast-informed reservoir operations and leverages federal infrastructure to improve water supply, particularly in the Colorado River Basin States.

Published

2024-04-18
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-04-18
Package ID: BILLS-118s4172is

Bill Statistics

Size

Sections:
11
Words:
3,208
Pages:
16
Sentences:
53

Language

Nouns: 905
Verbs: 225
Adjectives: 171
Adverbs: 6
Numbers: 179
Entities: 166

Complexity

Average Token Length:
4.07
Average Sentence Length:
60.53
Token Entropy:
5.14
Readability (ARI):
31.18

AnalysisAI

The "Drought Resilient Infrastructure Act of 2024," introduced in the U.S. Senate, aims to bolster water conservation efforts, manage operations during drought, and enhance the country's resilience in the face of drought conditions. The bill empowers the Secretary of the Army to implement various water conservation methods in development projects, emphasizing coordination with non-Federal entities and adherence to existing water rights and laws. This proposed legislation seeks to modify operations in regions prone to drought, like the Colorado River Basin States, implement pilot programs for forecast-informed reservoir operations, and address invasive species that exacerbate drought conditions.

Summary of Significant Issues

One of the main issues with the bill is the ambiguity surrounding funds received and spent by the Secretary from non-Federal interests or Federal agencies in implementing conservation measures and emergency operations. This vague authorization raises potential concerns about accountability and oversight, leading to possible misuse or inefficient allocation of resources. Furthermore, parts of the bill carry broad definitions, such as "drought resilience," without clear criteria or specific guidelines, leaving aspects of the legislation open to varying interpretations, which may impact coherence in addressing drought-related challenges.

Additionally, issues arise regarding the cost-sharing structure outlined in the bill. Non-Federal entities are required to cover a portion of the costs for certain projects, which may pose a financial burden on smaller communities or regions already grappling with limited resources, potentially hindering equitable implementation of the bill's provisions.

Impact on the Public

If enacted, the bill could have profound public implications, especially in drought-prone regions. Enhanced water conservation efforts and the prioritization of water supply during drought through modified infrastructure would likely improve water availability, potentially stabilizing resources for agricultural, industrial, and domestic use. This could lead to long-term benefits, including economic stability and reduced environmental impact due to more sustainable water management.

However, regions unable to afford the mandated local share for projects might find themselves at a disadvantage, potentially exacerbating existing disparities between wealthier and poorer communities. The lack of clear metrics for project evaluation and success could also mean that public funds are not employed as effectively as possible, delaying or diminishing anticipated benefits.

Impact on Specific Stakeholders

For project proponents, such as state governments or local authorities, the bill grants avenues to adjust existing projects for improved drought resilience. However, the ability to access these benefits may be uneven due to financial constraints imposed by the cost-sharing requirements. Moreover, stakeholders engaged in environmental protection might find the undefined nature of some terms, like "drought resilience," problematic, as it leaves room for potential misinterpretation and inconsistent environmental strategy implementation.

On the other hand, tribes benefit from a reduction in their cost-sharing responsibilities for infrastructure projects, which could support increased participation in federal water projects, fostering better relations and collaboration with federal entities. Nevertheless, such changes could also result in an increased financial burden on federal agencies, requiring greater scrutiny of project assessments to ensure prudent spending and overall effectiveness.

Overall, the "Drought Resilient Infrastructure Act of 2024" presents a comprehensive attempt to address drought challenges; however, complexities in the bill's provisions indicate the need for close oversight and possible refinement to ensure its objectives are met equitably and efficiently.

Financial Assessment

The bill, titled "Drought Resilient Infrastructure Act of 2024," contains multiple financial allocations and references aiming to enhance water conservation and drought resilience. Here's a detailed look at these financial aspects:

Financial Allocations and Spending

1. Emergency Drought Operations The bill mandates that not less than $5,000,000 for each fiscal year from 2024 through 2034 is designated for emergency drought operations. This funding allocation is part of the broader efforts under the Flood Control Act of 1941 aimed at mitigating drought impacts through dedicated financial resources. The focus is on ensuring that these funds are effectively used for improving water conservation and management during emergency drought situations.

2. Drought Resilience Projects To support drought resilience projects, the bill authorizes up to $35,000,000 per fiscal year. However, there's a stipulation that no more than $10,000,000 of federal funds can be allocated to any single locality for such projects. This cap might be restrictive for larger projects in areas that require extensive interventions, potentially leading to some regions being underfunded.

3. Silver Jackets Program The appropriation for the Silver Jackets program amounts to $25,000,000 annually. This program is designed to foster collaborative solutions among federal, state, and local agencies to reduce flood risks. However, the lack of specific outcomes or success metrics in this allocation could lead to concerns about how effectively these funds are utilized.

Relation to Identified Issues

Cost and Burden on Communities One notable concern is the 35 percent cost-sharing requirement for non-Federal interests in drought resilience projects. This financial burden might discourage participation from communities lacking resources, which could lead to disparity in how drought resilience projects are implemented across different regions.

Broad Authority in Fund Spending Sections authorizing the Secretary to receive and expend funds from non-Federal interests or Federal agencies include broad powers, which may raise questions about accountability. Without transparent oversight mechanisms, there's a risk of mismanagement or misuse of funds. The bill also lacks specific criteria for prioritizing water conservation measures, which might result in ineffective use of financial resources.

Fiscal Impact and Federal Spending The reduction in the cost-share from 50 percent to 10 percent for certain projects under the Tribal partnership program can increase Federal financial obligations. While this aims to facilitate project completion, it highlights the need for careful assessment to ensure funds are used effectively and projects deliver public benefits.

Conclusion

The financial references in the bill highlight a strong commitment to addressing drought and improving resilience through substantial financial appropriations. However, as pointed out, the broad funding authority and significant reductions in cost-sharing ratios necessitate robust oversight to ensure transparency and efficient fund allocation. Addressing these financial concerns and setting clear guidelines are crucial for maximizing the impact of the financial resources allocated through this legislative initiative.

Issues

  • The authorization for the Secretary to receive and expend funds from non-Federal interests or Federal agencies in Section 3, subsection (d), and Section 4, subsection (e), is broad and may raise concerns about accountability and oversight of these funds. This could lead to potential misuse of resources or lack of transparency in how funds are utilized.

  • The definition of 'covered project' in Section 4 is limited to projects of the Corps of Engineers or those with a specific water control manual, potentially excluding relevant projects that could benefit from the emergency operation framework. This might restrict the effectiveness of the bill in addressing drought operations comprehensively.

  • The cost-sharing requirement of 35 percent for non-Federal interests in Section 5, along with the cap of $10,000,000 in Federal funds for any single locality, may be financially burdensome for some communities, potentially leaving them unable to participate or complete larger projects. This could lead to inequities in drought resilience efforts across different regions.

  • The term 'drought resilience' in Section 5 and Section 9 is broad and lacks a precise definition, which may lead to varying interpretations and difficulties in assessing if projects genuinely meet resilience criteria. This could undermine the effectiveness of drought resilience measures intended by the bill.

  • Subsection 3(b) provides a wide range of potential water conservation measures without specifying criteria or guidelines for prioritizing these actions. This lack of clarity might lead to inefficiencies or misallocation of resources.

  • The allowance for Federal agencies' involvement in modifying infrastructure in Section 6 could lead to potential conflicts of interest or favoritism. Without specific criteria or limitations, this could result in significant spending without clear guidelines on necessity and cost-efficiency, which may not be in the best public interest.

  • Section 11, which reduces the non-Federal cost-share from 50 percent to 10 percent for certain projects under the Tribal partnership program, might lead to increased Federal spending. If projects are not critically assessed for necessity and effectiveness, this provision could be considered wasteful.

  • There is no explicit requirement in Section 3 for assessments or reporting on the effectiveness or environmental impact of the water conservation measures, which could lead to concerns about transparency and evaluation of the measures' success.

  • The interplay between Federal and State water rights and laws in Section 5(g) could lead to legal disputes that are not addressed, potentially resulting in conflicts and challenges in the implementation of projects under the bill.

  • The Silver Jackets program in Section 10 does not specify specific outcomes or metrics for success related to the appropriation of $25,000,000 annually, which could result in potential wasteful spending if the program’s effectiveness is not adequately monitored.

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 measures in water resource projects, which can include enhancing stormwater retention or adjusting water facilities for better water storage. It also allows for financial contributions from non-federal parties and emphasizes compliance with state and federal water laws without affecting existing state water rights.

4. Emergency drought operations Read Opens in new tab

Summary AI

Under Section 4 of the Drought Resilient Infrastructure Act of 2024, projects managed by the Corps of Engineers or those with water control manuals developed by the Secretary are prioritized for water supply and conservation during droughts. These operations are coordinated with relevant authorities, and water control manuals are updated to include drought plans. The section also states that funds from non-Federal entities can be used, and existing water rights, laws, and environmental regulations are not affected. Additionally, it mandates a minimum funding allocation of $5 million annually from 2024 to 2034 for these emergency drought operations.

Money References

  • (f) Coordination.—The Secretary, to the maximum extent practicable, shall coordinate with State and local authorities and relevant Federal agencies in carrying out this section. (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 the "Colorado River Basin State" as any of the seven states: Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming. It mandates that projects by the Corps of Engineers in these states should be adjusted to include water supply as a main goal if requested by the project's non-federal sponsor or the state's governor, and it emphasizes coordination with state and local authorities.

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

Summary AI

The legislation introduces a pilot program for using forecast-informed reservoir operations by the Corps of Engineers in the South Pacific Division to ensure resilience during droughts. It aims to enhance the process of evaluating and prioritizing projects for water conservation in the Colorado River Basin States.

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.