S. 5402: Western Water Reinvestment Act

This bill would extend and expand several federal water, habitat, and fisheries programs, mostly in western states.

What it would do

• Extend existing Bureau of Reclamation programs. It would keep the aquatic ecosystem restoration program authorized through 2031, extend the Reclamation basin study program through 2033, and continue the cooperative watershed management program with $40 million authorized for each fiscal year 2027 through 2031.
• Expand WaterSMART grants. The bill would broaden the kinds of water management projects that can qualify, including projects that use temporary, voluntary, and compensated water-use reductions at a regional or watershed level. It would also place more emphasis on projects that improve climate resilience, such as increasing natural water storage in floodplains and wetlands.
• Increase funding for WaterSMART. It would raise the authorized amount for the WaterSMART water management improvement program from $1.0 billion to $1.4 billion.
• Add a new tribal and drought-related focus to watershed management. The cooperative watershed management program would be updated to explicitly include Indian tribes, allow projects where a group has ancestral lands within the watershed, and give eligibility to projects showing need from drought, wildfire, or other natural disasters.
• Increase support for watershed planning and technical help. The bill would raise first-phase watershed grant amounts from $100,000 to $150,000 per year for at least 3 years, allow grants to be continued for up to 2 more years, and make technical assistance eligible for grant support, including grant writing, project management, feasibility studies, design, environmental review, and engineering.
• Require more regular grant opportunities and public reporting. It would direct the Secretary to offer funding opportunities on a regular basis, allow applications multiple times per year, and make reports available to the public.
• Create a waterbird and shorebird habitat program. The bill would direct the Interior Department to provide direct payments or credits to eligible agricultural producers in Reclamation States for creating or maintaining habitat for waterbirds and shorebirds. Assistance would be limited to $3.5 million per year and only paid when the habitat would not otherwise be created or maintained.
• Require reporting on that habitat program. The Secretary would have to report to Congress every two years on the environmental performance of assisted activities.
• Develop drought plans for important fisheries. The bill would require a plan, due by January 1, 2027 and updated every 3 years, to help sustain fisheries during extended droughts. The plan would consider voluntary water actions, habitat restoration, hatchery changes, fish rescue operations, temperature forecasting, predator reduction, and related measures. It would also require a 90-day public comment period.
• Authorize money for fisheries work. It would authorize $25 million for fiscal year 2027 for fish, stream, and hatchery activities tied to fish recovery efforts.
• Broaden drought planning to include native biodiversity. Existing drought-related planning would be expanded to refer not just to wildlife habitat, but also to native biodiversity.
• Reauthorize a fisheries mitigation program. It would extend the Fisheries Restoration and Irrigation Mitigation Act funding at $25 million per year for fiscal years 2027 through 2031, and update the law to include terminal lakes.
• Create a categorical exclusion for certain aquatic restoration work under NEPA. The Interior Department would have to develop, within one year, a category of aquatic restoration projects that can be approved more quickly without a full environmental review in certain cases. The listed eligible activities include culvert replacement, small dam removal, minor revegetation, invasive species removal under specified limits, small berms or dikes, and similar restoration work. The bill says existing environmental laws still apply and extraordinary circumstances must still be considered.
• Reauthorize the Deschutes River Conservancy Working Group. It would continue the Deschutes River Conservancy Working Group through 2032 and adjust its membership and cost cap for administrative expenses.

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