Overview

Title

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

ELI5 AI

S. 5439 is a plan to help save water and prepare for dry times in the U.S. by making sure reservoirs are used smartly and removing pesky plants that waste water.

Summary AI

S. 5439 is a bill aimed at enhancing water conservation and management in the U.S., especially in areas prone to drought. It directs the Corps of Engineers to maximize water supply and conservation measures and incorporate forecast-informed operations in reservoirs. The bill also proposes a pilot program for emergency drought operations in California, Nevada, and Arizona. Additionally, it includes provisions to improve environmental and drought resilience through various measures, such as removing invasive species and enhancing infrastructure.

Published

2024-12-05
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-12-05
Package ID: BILLS-118s5439is

Bill Statistics

Size

Sections:
11
Words:
2,888
Pages:
14
Sentences:
55

Language

Nouns: 865
Verbs: 219
Adjectives: 120
Adverbs: 13
Numbers: 143
Entities: 214

Complexity

Average Token Length:
4.22
Average Sentence Length:
52.51
Token Entropy:
5.08
Readability (ARI):
28.03

AnalysisAI

Summary of the Bill

The "Drought Resilient Infrastructure Act of 2024," introduced in the U.S. Senate, aims to address water conservation, drought operations, and drought resilience concerning water resources development projects. The bill outlines policies and programs for the Corps of Engineers to work with states and local interests in developing water supplies, incorporating forecast-informed reservoir operations, and enhancing drought resilience. Key components include emergency drought operations in select states, leveraging federal infrastructure for increased water supply, and addressing invasive species that worsen drought conditions. The bill also seeks to continue and enhance current programs like the Silver Jackets program for flood management and disaster relief.

Significant Issues

One major concern within the bill is the allowance for the Secretary of the Army to receive and manage funds from non-Federal sources without clear guidelines, as seen in Sections 6 and 7. This could lead to issues regarding accountability and potential conflicts of interest. Furthermore, the bill authorizes significant funding increases for various initiatives, such as raising allocations from $10 million to $15 million and from $50 million to $62 million, without providing detailed justifications for these increases. This lack of transparency may pose financial concerns.

The language used throughout the bill often lacks clarity, employing vague terms like "to the maximum extent practicable." This could lead to varied interpretations, especially for provisions regarding forecast-informed reservoir operations and drought emergency responses. Additionally, there are ambiguous terms—such as "invasive species" and "operational documents"—which are not clearly defined, potentially leading to inconsistent understandings and applications across different contexts.

Impact on the Public Broadly

If implemented effectively, the bill could significantly enhance drought resilience and water conservation efforts, particularly in drought-prone regions. This would have the potential to secure water supplies and maintain ecological balance, benefiting communities reliant on these resources. Improved flood and drought management could also prevent water shortages and mitigate the adverse impacts of severe water conditions on agriculture and the environment.

However, the lack of clear guidelines and transparency could result in mismanagement or inequitable distribution of resources. Decisions made based on financial contributions from non-Federal interests may also prioritize projects or stakeholders with greater financial clout, potentially sidelining smaller or less affluent communities.

Impact on Specific Stakeholders

The bill could benefit state and local governments actively involved in water resource management by providing support and coordination from the federal level. Enhanced infrastructure capabilities and new conservation measures could help mitigate the impacts of drought locally and serve as a model for resilience efforts nationwide.

Conversely, environmental advocacy groups might express concerns about the lack of comprehensive checks and balances in fund allocation and project prioritization. The potential for ambiguous legal language and undefined terms to lead to inconsistent policy applications could also result in challenges for stakeholders seeking clarity and accountability in water management efforts.

Overall, while the bill proposes necessary steps toward addressing water scarcity and drought resilience, careful consideration of its framework, guidelines, and transparency mechanisms is crucial for equitable and effective implementation.

Financial Assessment

The bill titled "Drought Resilient Infrastructure Act of 2024" addresses multiple aspects of water management, particularly related to drought resilience, conservation, and infrastructure improvements. Key financial allocations are noted throughout the text, with notable amendments to existing acts involving significant monetary changes and new spending directives. The financial elements of the bill, coupled with distinct issues, warrant careful exploration.

Summary of Financial Allocations

This proposed legislation entails several financial adjustments and authorizations pertinent to water resources development projects:

  1. Section 9 includes amendments to increase funding from $10 million to $15 million and from $62.5 million to $75 million. These funds are designated for projects under the Water Resources Development Act of 1996, allowing for measures that enhance drought resilience, such as the restoration of wetlands and removal of invasive species.

  2. Section 10 also modifies financial limits, raising the cost threshold for certain environmental and drought resilience projects from $10 million to $15 million and the total expenditures from $50 million to $62 million under the Water Resources Development Act of 1986. These changes suggest a push for increased investment in improving environmental outcomes and drought adaptability.

Addressing Financial Issues

Several potential issues arise concerning the financial management and allocation stipulated by the bill:

  • Transparency Concerns: One of the primary concerns is the lack of detailed explanations for the increased financial allocations. Sections offering financial increases lack a detailed justification, raising questions about transparency and whether these adjustments align with genuine need or strategic planning.

  • Ambiguity in Provisions: The frequent utilization of vague language, such as "to the maximum extent practicable," could result in inconsistent application of fund allocations. This phrase might undermine accountability, leaving room for variability in how funds are deployed, particularly concerning forecast-informed reservoir operations and emergency drought measures.

  • Potential Conflicts of Interest: Several sections, notably Section 7, authorize the Secretary to receive and expend funds from non-Federal entities without presenting clear criteria or guidelines. This could pave the way for conflicts of interest, as entities with financial resources might exert undue influence over project priorities.

  • Favoritism Risks: Allowing non-Federal interests to contribute funds, as evident in Sections 6 and 7, could lead to favoritism or a bias towards entities with more substantial financial capabilities. This could result in inequitable resource allocation, prioritizing projects that benefit wealthier contributors.

Conclusion

In summary, while the bill "Drought Resilient Infrastructure Act of 2024" seeks to address vital issues concerning water conservation and drought resilience, its financial aspects necessitate further examination. Enhanced transparency, clearer justifications for financial increases, and safeguards against favoritism and conflicts of interest are crucial to ensure the equitable and efficient use of funds. Addressing these points will not only reinforce public trust but also enhance the bill's effectiveness in meeting its intended goals.

Issues

  • The bill allows for the Secretary to receive and expend funds from non-Federal interests without specifying criteria or guidelines (Section 7). This might lead to potential conflicts of interest or lack of accountability.

  • Several sections in the bill, including Sections 4, 6, and 10, make amendments such as increasing funding from $10 million to $15 million and $50 million to $62 million, but without detailed justification or explanation for these increases, raising concerns about financial transparency.

  • The bill frequently uses vague language such as 'to the maximum extent practicable' in Sections 4, 6, and 8, which could result in varying interpretations and potentially inconsistent implementations, particularly concerning forecast-informed reservoir operations and coordination responsibilities.

  • The definition of 'invasive species' in Section 9 and the term 'operational documents' in Section 7 are not clearly defined, which could lead to inconsistent application and understanding of these sections across different contexts.

  • Sections 4 through 10 discuss various financial expenditures and modifications without providing clear transparency requirements or public reporting mechanisms, potentially leading to concerns about oversight and accountability.

  • The bill's sections that cover funding increases, such as Sections 5, 9, and 10, involve increased costs for specific amendments, but lack precise allocation or justification details, raising potential budgetary concerns.

  • The complexity and references to multiple legal documents in sections like Sections 4, 7, and 6 might pose challenges for those not familiar with federal statutes, impacting clarity and accessibility for the general public.

  • There is a potential for favoritism towards entities that can financially contribute due to provisions allowing fund contributions by non-Federal interests in multiple sections such as Sections 6 and 7, potentially leading to inequitable resource allocation.

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 states that it can be referred to as the “Drought Resilient Infrastructure Act of 2024.”

2. Definition of Secretary Read Opens in new tab

Summary AI

The term "Secretary" in this part of the Act specifically refers to the Secretary of the Army.

3. Declaration of policy Read Opens in new tab

Summary AI

The policy declares that the United States, through the Corps of Engineers, aims to support water supply, conservation, and drought resilience by working with states and local parties, without affecting existing state water rights, agreements, or laws. It emphasizes collaboration with non-Federal interests while respecting existing arrangements and the Corps' primary missions.

4. Forecast-informed reservoir operations Read Opens in new tab

Summary AI

The section requires the Secretary to update water control manuals for certain reservoirs by using forecast-informed operations when possible and provides guidelines for doing so. It also mandates an assessment of different reservoirs to see if these operations are viable, while ensuring state water laws and other legal authorities remain unchanged.

5. Updates to certain water control manuals Read Opens in new tab

Summary AI

Section 5 updates the Water Resources Development Act of 2022 by allowing certain water control manuals to include forecast-informed reservoir operations.

6. Emergency drought operations pilot program Read Opens in new tab

Summary AI

The section establishes a pilot program for handling drought emergencies in water projects located in California, Nevada, and Arizona, allowing the Secretary to temporarily prioritize water supply operations. It outlines how these operations should align with existing water management plans, accept contributions, and requires a report on the program's activities and findings without altering any existing legal agreements or water rights.

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

Summary AI

The amendment to the Water Resources Development Act of 2016 allows the Secretary to use funds from non-Federal sources or Federal agencies to update documents related to the operation of Federal reservoir projects used for flood control or navigation, as long as these projects meet certain criteria outlined in previous laws.

8. Studies for modification of project purposes in the Colorado River Basin in Arizona Read Opens in new tab

Summary AI

The Secretary is required to conduct a study to decide if water supply should be added as a purpose for a project by the Corps of Engineers in the Colorado River Basin in Arizona. This can happen if a request is made by either the non-Federal interest or the Arizona Governor. The Secretary must work with state and local authorities, and if they think the change is good, they should recommend it to specific Senate and House Committees.

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

Summary AI

The section amends the Water Resources Development Act of 1996 to allow projects to include measures for improving resilience to drought by restoring wetlands or removing invasive species. It also changes the cost-sharing requirement for certain fish-related projects and increases the authorization of appropriations for these projects.

Money References

  • Section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) is amended— (1) in subsection (a), by adding at the end the following: “(4) DROUGHT RESILIENCE.—A project under this section may include measures that enhance drought resilience through the restoration of wetlands or the removal of invasive species.”; (2) in subsection (b), by adding at the end the following: “(3) ANADROMOUS FISH.—Notwithstanding paragraph (1), for projects carried out under subsection (a)(3), the non-Federal interest shall provide 15 percent of the cost of construction, including provision of all lands, easements, rights-of-way, and necessary relocations.”; (3) in subsection (d), by striking “$10,000,000” and inserting “$15,000,000”; and (4) in subsection (f), by striking “$62,500,000” and inserting “$75,000,000”.

10. Project modifications for improvement of environment or drought resiliency Read Opens in new tab

Summary AI

The section amends the Water Resources Development Act of 1986 to include drought resiliency alongside environmental improvements. It allows for increased funding and specifies measures such as water conservation, sediment removal, and planting native species to enhance drought resilience and water availability.

Money References

  • Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) is amended— (1) in the section heading, by inserting “or drought resiliency” after “environment”; (2) in subsection (a)— (A) by striking “for the purpose of improving” and inserting the following: “for the purpose of— “(1) improving”; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting “; or”; and (C) by adding at the end the following: “(2) providing drought resiliency.”; (3) in subsection (b), by striking “(2) will improve” and inserting “(2) will provide for drought resilience or will improve”; (4) in subsection (d), in the third sentence, by striking “$10,000,000” and inserting “$15,000,000”; (5) in subsection (h), by striking “$50,000,000” and inserting “$62,000,000”; and (6) by adding at the end the following: “(j) Drought resilience.—Drought resilience measures carried out under this section may include— “(1) water conservation measures to mitigate and address drought conditions; “(2) removal of sediment captured behind a dam for the purpose of restoring or increasing the authorized storage capacity of the project concerned; “(3) the planting of native plant species that will reduce the risk of drought and the incidence of nonnative species; and “(4) other actions that increase drought resilience, water conservation, or water availability.”.

11. Silver Jackets program Read Opens in new tab

Summary AI

The Secretary will continue the Silver Jackets program, which was set up to help manage flooding and disaster relief, as authorized by previous U.S. laws.