119-s1242

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1242 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1242

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 April 1 (legislative day, March 31), 2025

 Mr. Wyden introduced the following bill; which was read twice and 
 referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

 A BILL

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

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Watershed Results Act''.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Advance watershed analytics.--The term ``advance 
 watershed analytics'' means the technical analysis that--
        (A) is conducted before providing funding for a 
 watershed outcomes project;
        (B) identifies and quantifies the outcomes and 
 costs of all potential qualifying activities across the 
 watershed outcomes project; and
            (C) assesses how different groups of qualifying 
 activities in the watershed outcomes project could 
 efficiently maximize outcomes for the least cost.

    (2) Appropriate committees of congress.--The term 
 ``appropriate committees of Congress'' means--
        (A) the Committee on Energy and Natural Resources 
 of the Senate; and
        (B) the Committee on Natural Resources of the House 
 of Representatives.

    (3) Eligible entity.--The term ``eligible entity'' 
 includes--
        (A) a State, Indian Tribe, Tribal organization, 
 irrigation district, or water district;
        (B) a State, regional, or local authority, the 
 members of which include 1 or more organizations with 
 water or power delivery authority;
            (C) any other organization with water or power 
 delivery authority; and
            (D) any nongovernmental entity.

    (4) Pay-for-performance contract.--The term ``pay-for-
 performance contract'' means a contract to purchase verified 
 outcomes produced by implemented qualifying activities in a 
 watershed outcomes project at a negotiated price.

    (5) Qualifying activity.--The term ``qualifying activity'' 
 means a conservation project carried out in a watershed 
 identified through advance watershed analytics as having a high 
 likelihood of cost-effectively achieving 1 or more outcomes if 
 implement consistent with applicable performance standards made 
 available under 

section 3

    (e)

    (4) .

    (6) Reclamation state.--The term ``Reclamation State'' 
 means--
        (A) a State or territory described in the first 
 section of the Act of June 17, 1902 (32 Stat. 388, 
 chapter 1093; 43 U.S.C. 391);
        (B) the State of Hawaii;
            (C) the State of Alaska; and
            (D) the Commonwealth of Puerto Rico.

    (7) Secretary.--The term ``Secretary'' means the Secretary 
 of the Interior, acting through the Commissioner of 
 Reclamation.

    (8) Watershed outcomes project.--The term ``watershed 
 outcomes project'' means the overall watershed project managed 
 by the watershed partner.

    (9) Watershed partner.--The term ``watershed partner'' 
 means an eligible entity selected by the Secretary under 
 

section 3

    (a)

    (2) to carry out a watershed outcomes project.

SEC. 3. WATERSHED OUTCOMES PROJECTS.

    (a) Proposals; Selection.--The Secretary shall--

    (1) not later than 1 year after the date of enactment of 
 this Act, solicit the submission from eligible entities of 
 proposals to develop and implement a strategy that develops and 
 uses advance watershed analytics to cost-effectively carry out 
 watershed outcomes projects to achieve meaningful watershed-
 scale outcomes in a Reclamation State; and

    (2) from among the proposals submitted under paragraph

    (1) , 
 select a watershed partner for each watershed to complete 
 advance watershed analytics, carry out watershed outcomes 
 projects in a Reclamation State, manage watershed partnership 
 duties during the term of the partnership agreement, and 
 support pay-for-performance contracts.

    (b) Guidelines and Criteria for Proposals.--The Secretary--

    (1) shall develop criteria and guidelines for the 
 submission and selection of proposals under subsection

    (a) ; and

    (2) for purposes of developing the criteria and guidelines 
 under paragraph

    (1) , may consider--
        (A) the scope of the proposed watershed outcomes 
 project, including the selected subregion or basin-
 level watershed for consideration;
        (B) the purpose and goals of the proposed watershed 
 outcomes project;
            (C) any stakeholder outreach conducted with respect 
 to the proposed watershed outcomes project;
            (D) evidence of widespread support within the local 
 community for, the proposed watershed outcomes project;
        (E) the capability of the watershed partner to 
 perform the required duties in accordance with 
 subsection
            (d) ;
        (F) how the watershed partner will procure and use 
 advance watershed analytics to identify and quantify 
 the outcomes and costs of all potential qualifying 
 activities for the proposed watershed outcomes project;
        (G) estimated costs of completing advance watershed 
 analytics and operating the proposed watershed outcomes 
 project;
        (H) the anticipated qualifying activity types that 
 are relevant for the selected watershed identified 
 under subparagraph
        (A) ; and
            (I) plans for monitoring, evaluating, and reporting 
 on progress made toward achieving the outcomes of the 
 proposed watershed outcomes project.
            (c) Partnership Agreements.--

    (1) In general.--The Secretary may enter into a partnership 
 agreement with a watershed partner selected under subsection

    (a)

    (2) to design and implement a watershed outcomes project 
 that uses advance watershed analytics to achieve meaningful 
 watershed-scale outcomes in accordance with this section.

    (2) Term.--
        (A) In general.--A partnership agreement entered 
 into under paragraph

    (1) shall be for a term--
            (i) of not more 5 years; or
            (ii) if the Secretary determines that a 
 longer term is necessary to meet the objectives 
 of the watershed outcomes project, a longer 
 term established by the Secretary.
        (B) Renewal.--A partnership agreement entered into 
 under paragraph

    (1) may be renewed for a term of not 
 more than 5 years.
            (C) Extension.--A partnership agreement entered 
 into under paragraph

    (1) or renewed under subparagraph
        (B) may be extended 1 time for a term of not more than 
 2 years, as determined by the Secretary.

    (3) Technical and financial assistance.--Through a 
 partnership agreement entered into under paragraph

    (1) , the 
 Secretary shall provide to a watershed partner--
        (A) technical or financial assistance to design and 
 implement a watershed outcomes project; and
        (B) grants, cooperative agreements, or other 
 financial assistance to support--
            (i) the activities under subparagraph
        (A) ; 
 and
            (ii) performance payments to qualifying 
 activities under subsection

    (g)

    (4) .

    (4) Project development costs.--The Secretary may annually 
 award to a watershed partner an amount equal to not more than 
 50 percent of estimated costs of the watershed outcomes project 
 to carry out the duties described in subsection
            (d) .
            (d) Duties of Watershed Partners.--Under a partnership agreement 
entered into under subsection
            (c) (1) , the Secretary shall establish 
duties to be carried out by the watershed partner, including 
considering establishing the following duties:

    (1) Preparing a funding and implementation strategy that 
 uses advance watershed analytics to cost-effectively carry out 
 a watershed outcomes project by selecting a sufficient number 
 of qualifying activities to achieve meaningful watershed-scale 
 outcomes by--
        (A) completing advance watershed analytics to 
 identify and quantify the outcomes and costs of all 
 potential qualifying activities for the watershed 
 outcomes project;
        (B) establishing baseline metrics to support the 
 development of setting outcome prices and performance 
 standards for the watershed outcomes project;
            (C) developing performance standards for the 
 watershed outcomes project;
            (D) leveraging financial assistance provided by the 
 Secretary to secure additional funds for the watershed 
 outcomes project;
        (E) designing, recruiting, and verifying qualifying 
 activities for the watershed outcomes project; and
        (F) providing outcome and financial accounting 
 services relating to qualifying activities carried out 
 to achieve outcomes.

    (2) Using the strategy prepared under paragraph

    (1) to 
 prioritize qualifying activity outreach efforts.

    (3) Working with local stakeholders to recruit and design 
 an implementation-ready queue of priority qualifying 
 activities.

    (4) Ensuring that any proposed priority qualifying 
 activities have the support of affected local stakeholders.

    (5) Setting activity outcome prices and developing 
 performance standards for qualifying activities.

    (6) Developing a plan to carry out qualifying activities 
 having a high likelihood of cost-effectively achieving 1 or 
 more outcomes described in subsection

    (f) if implemented 
 consistent with the applicable performance standards made 
 available by the Secretary under subsection

    (e)

    (4) .

    (7) Selecting, developing pay-for-performance contracts 
 for, funding, and carrying out qualifying activities, in 
 accordance with the plan developed under paragraph

    (6) , to 
 achieve meaningful watershed-scale outcomes.

    (8)
        (A) Quantifying the outcomes for qualifying activities.
        (B) Verifying that qualifying activities have been 
 implemented consistent with applicable performance standards.
            (C) Providing applicable documentation to the Secretary 
 with respect to the information quantified and verified under 
 subparagraphs
        (A) and
        (B) .

    (9) Monitoring qualifying activities at appropriate levels 
 to confirm ongoing performance.

    (10) Other duties necessary to carry out a watershed 
 outcomes project, as determined to be necessary by the 
 Secretary.

    (e) Duties of Secretary.--Under a partnership agreement entered 
into under subsection
            (c) , the Secretary shall--

    (1) ensure that there is widespread support within the 
 local community for the watershed outcomes project;

    (2) verify the advance watershed analytics completed by the 
 watershed partner, to the maximum extent practicable;

    (3) ensure that there are made available to the public 
 outcome price tables, by qualifying activity type, for use as 
 the basis for negotiating pay-for-performance contracts for the 
 applicable watershed outcomes project;

    (4) ensure that there are made available to the public 
 qualifying activity and watershed outcomes project performance 
 standards that are to be used as the basis for--
        (A) identifying, quantifying, and verifying 
 qualifying activity outcomes; and
        (B) executing pay-for-performance contracts;

    (5) review outcome quantification and verification 
 documentation provided by the watershed partner under 
 subsection
            (d) (8)
            (C) ;

    (6) provide to a watershed partner financial assistance to 
 purchase verified outcomes from qualifying activities in a 
 watershed outcomes project, at prices set for the watershed 
 outcomes project in accordance with this section; and

    (7) coordinate with other Federal agencies, to the maximum 
 extent practicable, to help leverage and concentrate funding 
 into watershed outcomes projects.

    (f) Required Outcomes for Qualifying Activities.--To be eligible 
for a performance payment under subsection

    (g)

    (4) , a qualified activity 
shall produce 1 or more measurable, clearly defined outcomes that 
result in a quantifiable and verifiable--

    (1) increase in surface water or groundwater;

    (2) increase in aquatic habitat quality, quantity, 
 connectivity, or access in a watershed;

    (3) surface water or groundwater quality improvement, 
 including water temperature reductions, or a reduction in 
 salinity or nutrient or sediment runoff associated with 
 irrigated agriculture; or

    (4) other quantifiable benefits, as determined by the 
 Secretary, likely to improve watershed health in the watershed 
 outcomes project.

    (g) Financial Assistance for Qualifying Activities in Watershed 
Outcomes Projects.--

    (1) Leveraging federal funding.--To achieve meaningful 
 watershed-scale outcomes, amounts made available under 

section 5 may be used to satisfy any cost-sharing requirement with 
 respect to carrying out a watershed outcomes project.

    (2) Federal share.--The Federal share of grants or other 
 financial assistance for a watershed outcomes project under 
 this Act shall be not more than 75 percent of the total cost of 
 the watershed outcomes project.

    (3) Watershed partner contributions.--The Secretary may--
        (A) accept non-Federal contributions for a 
 watershed outcomes project, including funding or 
 financing secured by the watershed partner in 
 accordance with the strategy developed under subsection
            (d) (1) ; and
        (B) use amounts accepted under subparagraph
        (A) to 
 carry out activities authorized under this Act in the 
 watershed outcomes project.

    (4) Performance payments.--Not later than 90 days after the 
 date on which a watershed partner verifies the outcomes 
 generated from qualifying activities and confirms that the 
 qualifying activity has been implemented consistent with the 
 performance standards of the applicable watershed outcomes 
 project, the Secretary shall provide financial assistance to 
 the watershed partner to support performance payments.

    (h) Maximum Number of Watershed Outcomes Projects.--Not more than a 
total of 5 watershed outcomes projects may be carried out under this 
section.
            (i) Restrictions on Use of Advance Watershed Analytics Data.--

    (1) In general.--Nothing in this Act affects or modifies 
 existing law with respect to the treatment of personal data in 
 the conduct by an employee of the Federal Government or a 
 designee of an employee of the Federal Government in carrying 
 out official duties of the Federal employee or designee under 
 this Act.

    (2) Data collection.--All information or data collected or 
 assembled by a Federal employee or a designee of a Federal 
 employee to complete advance watershed analytics activities, 
 directly or indirectly, under this Act--
        (A) shall be used for the sole purpose of 
 identifying, prioritizing, and funding qualifying 
 activities in a watershed outcomes project; and
        (B) shall be considered to be confidential 
 commercial information that is exempt from disclosure 
 under 

section 552

    (b)

    (4) of title 5, United States Code 
 (commonly known as the ``Freedom of Information Act'').

    (3) Applicability to watershed partners.--Any restrictions 
 on a Federal employee under this section shall apply to an 
 employee of a watershed partner.

    (j) Effect.--Nothing in this Act creates, impairs, alters, or 
supersedes a Federal or State water right.

SEC. 4. BRIEFING; REPORTS.

    (a) Annual Briefing or Report.--For each fiscal year for which a 
watershed outcomes project is carried out under 

section 3, not later 
than the date on which the budget of the United States Government is 
submitted by the President under 

section 1105 of title 31, United 
States Code, for that fiscal year, the Secretary shall provide to the 
appropriate committees of Congress a briefing or report describing the 
status of each watershed outcomes project, including progress towards 
the applicable strategy prepared under 

section 3
            (d) (1) , including any 
payments made for outcomes.

    (b) 5-Year Report.--Not later than October 1 of the fifth fiscal 
year in which a watershed outcomes project is carried out under 

section 3, the Secretary shall submit to the appropriate committees of Congress 
a report that--

    (1) summarizes--
        (A) the projected results of the qualifying 
 activities in the watershed outcomes project in meeting 
 the strategy prepared under 

section 3
            (d) (1) ;
        (B) the projected outcomes of the watershed 
 outcomes project;
            (C) the total amount of funds secured for the 
 watershed outcomes project;
            (D) the type of funding expended under the 
 watershed outcomes project; and
        (E) such other information as the Secretary 
 determines to be appropriate; and

    (2) includes recommendations for continuing, terminating, 
 or making permanent the authorizations under this Act.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

 There is authorized to be appropriated to the Secretary to carry 
out this Act $17,000,000 for each of fiscal years 2026 through 2031.
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