	Introduction

Most of the provisions in the Water Infrastructure Improvements for the Nation Act (WIIN Act; P.L. 114-322 ), enacted on December 16, 2016, relate to the U.S. Army Corps of Engineers. However, the WIIN Act also includes a subtitle (Subtitle J, §§4001-4013) with the potential to affect western water infrastructure owned by the Bureau of Reclamation (Reclamation; an agency in the Department of the Interior). Three sections in Subtitle J (§4007, §4009, and §4011) made alterations that would apply throughout Reclamation's service area, the 17 states west of the Mississippi River. The remaining sections of Subtitle J include provisions specific to the Central Valley Project (CVP), a multipurpose water-conveyance system in California operated by Reclamation. Most of Subtitle J's provisions were derived from bills that received consideration in the 112 th , 113 th , and 114 th Congresses. Due to the scarcity of water in the West and the importance of federal water infrastructure to the region, western water issues are regularly of interest to many lawmakers. This report discusses selected provisions that were enacted under Subtitle J of the WIIN Act. It provides background information and context related to selected drought- and water-related provisions, summarizes the changes authorized in the WIIN Act, and discusses issues and questions that may be of interest to Congress. WIIN Act Drivers: California Drought, Endangered Species Act Restrictions

A number of factors created the impetus for the consideration and enactment of Subtitle J of the WIIN Act. California Water Provisions

A number of provisions in the bill addressed drought in California and the operations of the Central Valley Project. Specifically, Section 4004(a) states that the Secretaries of Commerce and the Interior shall ensure that any public water agency with contracts for water with CVP and SWP has the following opportunities upon request:
Have the opportunity to submit to and discuss information with FWS and the National Oceanic and Atmospheric Administration (NOAA) for consideration in the development of a biological assessment; Be informed of the schedule for preparing a biological assessment; Be informed of the schedule for preparing a BiOp; Receive a copy of any draft BiOp and have an opportunity to review and comment on the BiOp; Have the opportunity to confer with FWS or NOAA and the applicant about any reasonable and prudent alternatives (RPAs) prior to them being identified; and Be informed of how each component of the RPAs will contribute to conserving species and the scientific justification supporting the RPAs. 111-11 ; 42 U.S.C. Under this section, most of the act's changes are to expire after five years. The Obama Administration released a signing statement on the WIIN Act, most of which focused on the drought provisions under Subtitle J. In addition to overseeing the implementation of the bill's provisions, Congress also may consider their amendment, extension, or repeal. According to Reclamation, the relatively wet hydrology that followed enactment of the WIIN Act has largely limited opportunities to implement some of the act's operational authorities since the bill's passage. At the same time, some federal operational changes pursuant to the WIIN Act reportedly were proposed but deemed incompatible with state requirements. However, some changes authorized under the act have been implemented. Congress has appropriated funding authorized for Reclamation (both for the CVP and for other projects) under the WIIN Act. CRS estimates that from FY2017 to FY2019, Congress appropriated approximately $576 million for Reclamation projects and programs authorized under the WIIN Act. Some of these authorities have met their appropriations ceilings; thus, they may be proposed for extension or amendment.
Most of the provisions in the Water Infrastructure Improvements for the Nation Act (WIIN Act; P.L. 114-322), enacted on December 16, 2016, relate to the U.S. Army Corps of Engineers. However, the WIIN Act also includes a subtitle (Title II, Subtitle J, §§4001-4013) with the potential to affect western water infrastructure owned by the Bureau of Reclamation (Reclamation; part of the Department of the Interior). Three sections in Subtitle J (§4007, §4009, and §4011) made alterations that would apply throughout Reclamation's service area, the 17 states to the west of the Mississippi River. Most of the remaining sections of this subtitle include provisions specific to the Central Valley Project (CVP), a multipurpose water-conveyance system in California operated by Reclamation. Most of Subtitle J's provisions were derived from bills that received consideration in the 112th, 113th, and 114th Congresses.
Although most parts of the WIIN Act had broad stakeholder support when enacted, some of Subtitle J's provisions were (and continue to be) debated. Particularly controversial provisions include those related to implementation of the federal Endangered Species Act (ESA; 16 U.S.C. §§1531-1544) as it relates to endangered salmon and threatened Delta smelt and to California water infrastructure, as well as authorities that alter Reclamation's approach to water resources project development. The controversy of these provisions was evidenced by President Obama's signing statement accompanying the bill, which focused on the Obama Administration's interpretation of Subtitle J, particularly the act's environmental provisions.
The WIIN Act was debated and enacted at a time when California was enduring severe drought. However, by most metrics, the drought in California ended with the wet winter of 2016-2017, which occurred after enactment of the WIIN Act. Regardless of hydrologic status, most of the WIIN Act's drought provisions are to remain in effect until five years after its enactment, or December 2021.
Due to the scarcity of water in the West and the importance of federal water infrastructure to the region, western water issues are regularly of interest to lawmakers. In addition to overseeing the implementation of CVP operational provisions in the WIIN Act, Congress also may consider their amendment, extension, or repeal. According to Reclamation, the relatively wet hydrology that followed enactment of the WIIN Act has largely limited opportunities to implement some of the act's operational authorities, and some federal operational changes pursuant to the WIIN Act reportedly were proposed but deemed incompatible with state requirements. However, some of the operational changes authorized under the act have been implemented. Congress also has appropriated funding authorized for Reclamation (both for the CVP and for other projects) under the bill. CRS estimates that from FY2017 to FY2019, Congress appropriated a total of approximately $575 million for Reclamation projects and programs authorized under the WIIN Act. Some of the bill's authorities have met their appropriations ceilings, prompting some in Congress to propose an increase in the ceiling and potentially an extension in authorizations for appropriations and other activities. Extensions have been proposed for many of the act's other authorities that expire at the end of 2021.
This report discusses selected provisions enacted under Subtitle J of the WIIN Act. It provides background and context related to selected drought- and water-related provisions, summarizes the changes authorized in the WIIN Act, and discusses issues and questions that Congress may consider. For additional background on the CVP, see CRS Report R45342, Central Valley Project: Issues and Legislation, by Charles V. Stern and Pervaze A. Sheikh.