§10363 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must set up a climate change adaptation program for water. The program must work with the Administrator and other agencies to check how climate change affects the amount of water in each service area. It must also create strategies, at the watershed and aquifer level, to deal with water shortages, conflicts, and other harms to people and the environment. To run the program, the Secretary must use the best science by working with the United States Geological Survey, the National Oceanic and Atmospheric Administration, the Director, the Administrator, and State water agencies. The Secretary must assess risks in each major reclamation river basin, including changes in snowpack, runoff timing and amounts, groundwater recharge and discharge, higher water demand from warmer temperatures, and more reservoir evaporation. The Secretary must analyze how these changes affect water deliveries to contractors, hydroelectric power, recreation, fish and wildlife (including listed species), water quality such as salinity, ecosystem resilience, and flood control. The Secretary must work with non‑Federal partners to develop ways to reduce those impacts, such as updating reservoir rules in place as of March 30, 2009, creating new water or habitat plans, conserving water, improving models and decision tools, and addressing storage needs. The Secretary must also, with the Director, the Administrator, the Secretary of Agriculture (through the NRCS Chief), and State agencies, make a monitoring plan to collect and keep water data to support the work and must report to Congress by 2 years after March 30, 2009, and every 5 years after that on risks, impacts, actions, coordination, and monitoring. The Secretary may do studies, with non‑Federal partners, to test how well proposed fixes would work; the Federal share of study costs normally may not exceed 50 percent, but the Secretary can raise that share if a partner is financially unable to pay, and partners may provide in‑kind contributions. This program does not change existing reclamation project authorities. Money needed for this work is authorized for fiscal years 2009 through 2023 and remains available until spent.

Title 42, §10363

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary shall establish a climate change adaptation program—

(1)to coordinate with the Administrator and other appropriate agencies to assess each effect of, and risk resulting from, global climate change with respect to the quantity of water resources located in a service area; and

(2)to ensure, to the maximum extent possible, that strategies are developed at watershed and aquifer system scales to address potential water shortages, conflicts, and other impacts to water users located at, and the environment of, each service area.

(b)In carrying out the program described in subsection (a), the Secretary shall—

(1)coordinate with the United States Geological Survey, the National Oceanic and Atmospheric Administration, the program, and each appropriate State water resource agency, to ensure that the Secretary has access to the best available scientific information with respect to presently observed and projected future impacts of global climate change on water resources;

(2)assess specific risks to the water supply of each major reclamation river basin, including any risk relating to—

(A)a change in snowpack;

(B)changes in the timing and quantity of runoff;

(C)changes in groundwater recharge and discharge; and

(D)any increase in—

(i)the demand for water as a result of increasing temperatures; and

(ii)the rate of reservoir evaporation;

(3)with respect to each major reclamation river basin, analyze the extent to which changes in the water supply of the United States will impact—

(A)the ability of the Secretary to deliver water to the contractors of the Secretary;

(B)hydroelectric power generation facilities;

(C)recreation at reclamation facilities;

(D)fish and wildlife habitat;

(E)applicable species listed as an endangered, threatened, or candidate species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(F)water quality issues (including salinity levels of each major reclamation river basin);

(G)flow and water dependent ecological resiliency; and

(H)flood control management;

(4)in consultation with appropriate non-Federal participants, consider and develop appropriate strategies to mitigate each impact of water supply changes analyzed by the Secretary under paragraph (3), including strategies relating to—

(A)the modification of any reservoir storage or operating guideline in existence as of March 30, 2009;

(B)the development of new water management, operating, or habitat restoration plans;

(C)water conservation;

(D)improved hydrologic models and other decision support systems; and

(E)groundwater and surface water storage needs; and

(5)in consultation with the Director, the Administrator, the Secretary of Agriculture (acting through the Chief of the Natural Resources Conservation Service), and applicable State water resource agencies, develop a monitoring plan to acquire and maintain water resources data—

(A)to strengthen the understanding of water supply trends; and

(B)to assist in each assessment and analysis conducted by the Secretary under paragraphs (2) and (3).

(c)Not later than 2 years after March 30, 2009, and every 5 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report that describes—

(1)each effect of, and risk resulting from, global climate change with respect to the quantity of water resources located in each major reclamation river basin;

(2)the impact of global climate change with respect to the operations of the Secretary in each major reclamation river basin;

(3)each mitigation and adaptation strategy considered and implemented by the Secretary to address each effect of global climate change described in paragraph (1);

(4)each coordination activity conducted by the Secretary with—

(A)the Director;

(B)the Administrator;

(C)the Secretary of Agriculture (acting through the Chief of the Natural Resources Conservation Service); or

(D)any appropriate State water resource agency; and

(5)the implementation by the Secretary of the monitoring plan developed under subsection (b)(5).

(d)(1)The Secretary, in cooperation with any non-Federal participant, may conduct 1 or more studies to determine the feasibility and impact on ecological resiliency of implementing each mitigation and adaptation strategy described in subsection (c)(3), including the construction of any water supply, water management, environmental, or habitat enhancement water infrastructure that the Secretary determines to be necessary to address the effects of global climate change on water resources located in each major reclamation river basin.

(2)(A)(i)Except as provided in clause (ii), the Federal share of the cost of a study described in paragraph (1) shall not exceed 50 percent of the cost of the study.

(ii)The Secretary may increase the Federal share of the cost of a study described in paragraph (1) to exceed 50 percent of the cost of the study if the Secretary determines that, due to a financial hardship, the non-Federal participant of the study is unable to contribute an amount equal to 50 percent of the cost of the study.

(B)The non-Federal share of the cost of a study described in paragraph (1) may be provided in the form of any in-kind services that substantially contribute toward the completion of the study, as determined by the Secretary.

(e)Nothing in this section amends or otherwise affects any existing authority under reclamation laws that govern the operation of any Federal reclamation project.

(f)There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2009 through 2023,11 See Extension of Authorization of Appropriations note below. to remain available until expended.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Endangered Species Act of 1973, referred to in subsec. (b)(3)(E), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

Short Title

note set out under section 1531 of Title 16 and Tables.

Statutory Notes and Related Subsidiaries

Extension of Authorization of Appropriations Pub. L. 118–42, div. D, title II, § 207, Mar. 9, 2024, 138 Stat. 195, provided that: “section 9503(f) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(f)) shall be applied by substituting ‘2024’ for ‘2023’.”

§10363 Reclamation climate change and water program