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H.R. 3838IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 2803 · H.R. 3838

Improvements to water management and security on military installations

Division B — Military Construction Authorizations › Title XXVIII — Military Construction General Provisions › Subtitle A — Military Construction Programs

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No wording changed between Committee version and Passed the House.

How the text changed

Committee version · Sec. 2803

(a) In general Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2866 the following new section: 2866a. Risk-based approach to installation water management and security at military installations (a) In general (1) The Secretary concerned shall adopt a risk-based approach to water management and security for each military installation under the jurisdiction of the Secretary. (2) The Secretary concerned shall begin implementation of paragraph (1) by prioritizing those military installations under the jurisdiction of the Secretary that the Secretary determines— (A) are experiencing the greatest risks to water management and water security; and (B) face the most severe existing or potential adverse impacts to mission assurance as a result of such risks. (3) Determinations under paragraph (2) shall be made on the basis of the water management and security assessments made by the Secretary concerned under subsection (b). (b) Water management and water security assessments (1) The Secretaries concerned, acting jointly, shall develop a methodology to assess risks to water management and water security and mission assurance. (2) Such methodology shall include the following: (A) An evaluation of all water sources available to a military installation, disaggregated by— (i) raw water (total available water volume); (ii) treated potable water; and (iii) treated nonpotable water. (B) An assessment of relevant supply connections for a military installation, including number, type, water flow rate, seasonal variability, and the extent of competition for the water sources. (C) A calculation of the total water requirement of the military installation that— (i) includes an identification of the water usage by tenant commands that reside on the military installation; and (ii) describes the water uses that comprise such total water requirement, disaggregated by— (I) drinking water uses; and (II) nonpotable water uses, including industrial and agricultural uses, such as cooling, irrigation groundskeeping, and wash water. (D) An evaluation of the age, condition, and jurisdictional control of water infrastructure serving the military installation, including an estimate of the percentage of water lost to such water infrastructure that is in poor or failing condition. (E) An evaluation of the military installation’s water security risks that could negatively impact mission assurance, including— (i) the location of the military installation in a drought-prone region; (ii) decreasing water levels or sources; (iii) effects of new defense water uses on the total water requirement of the military installation; (iv) increases to the demand for water in areas outside the jurisdiction of the military installation that— (I) result from nondefense or defense adjacent requirements; and (II) could affect— (aa) the supply of water available for use by the military installation; (bb) the quality of such water; and (cc) legal issues of the military installation, such as water rights disputes. (F) An evaluation of the capacity of the military installation’s water supply to withstand or quickly recover from water resource constraints, and the overall health of the aquifer basin of which the water supply is a part, including the robustness of the resource, redundancy, and ability to recover from disruption. (G) An evaluation of existing water metering and consumption at the military installation, considered at a minimum— (i) by type of installation activity, such as training, maintenance, medical, housing, and grounds maintenance and landscaping; and (ii) by fluctuations in consumption, including peak consumption by quarter. (H) The appropriate frequency for reassessment of the installations at highest water security risk. (3) The Secretaries concerned, acting jointly, shall update the methodology under paragraph (1) not less frequently than once every ten years. (c) Reassessment of water insecure military installations Each Secretary concerned shall update its assessments of the most at-risk installations not less frequently than the frequency established under subsection (b)(2)(H). (d) Mitigation of water security risk at most at-risk installations (1) Each Secretary of a military department shall— (A) identify the three military installations under the jurisdiction of the Secretary that are most at-risk for water insecurity; and (B) develop, for each military installation so identified, a plan of action and milestones to address— (i) risks to water security; and (ii) threats to mission assurance. (2) Each such plan of action shall include the following: (A) The nature of each risk to the military installation’s capacity and mission assurance. (B) The factors contributing to the high degree of risk, disaggregated by risks located— (i) inside the jurisdiction of the military installation; and (ii) outside such jurisdiction. (C) A plan for implementing installation-level metering to ensure more accurate assessments of demand for water at the military installation. (D) An assessment of— (i) the effects of planned future missions and new tenants on the demand for water at the military installation; and (ii) the corresponding requirements for water infrastructure serving the military installation to ensure adequate water supply for mission assurance. (E) A list of infrastructure projects to mitigate loss of available water supply to leakage, including new construction, recapitalization, required maintenance, and modernization of existing infrastructure. (F) A cost-benefit analysis of using no dig technologies, including cure-in-place pipe lining, to mitigate infrastructure degradation that leads to water loss. (e) Evaluation of installations for nonpotable water reuse (1) Each Secretary concerned shall evaluate each military installation under the jurisidiction of the Secretary identified pursuant to subsection (d)(A), to determine the potential for the military installation to mitigate risks to water security through the reuse of nonpotable for nondrinking water uses. (2) Such evaluation shall include the following: (A) An evaluation of alternative water sources to offset use of freshwater, including water recycling and harvested rainwater for use as nonpotable water. (B) An assessment of the feasibility of incorporating, when practicable, water-efficient technologies and systems to minimize water consumption and wastewater discharge in buildings located on the military installation scheduled for renovation. (C) An evaluation of the practicality of implementing water reuse systems and other water-saving infrastructure into new construction in water-constrained areas, as determined pursuant to the applicable water management and security assessment under subsection (b). (f) Cost effective landscaping management practices (1) The Secretary concerned shall, to the maximum extent practicable, implement, at each military installation under the jurisdiction of the Secretary, landscaping management practices that mitigate risks to water security and enhance mission assurance by enabling greater quantities of water availability for operational, training, and maintenance requirements. (2) For military installations located in arid or semi-arid regions, such landscaping management practices shall include practices that avoid the cost of irrigation. (3) For military installations located in nonarid regions, such landscaping management practices shall include the use of plants common to the region in which the installation is located and native grasses and plants that decrease water consumption requirements. (g) Briefings required (1) Not later than 180 days after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes— (A) an identification, in ranked order, of the military installations under the jurisdiction of the Secretary concerned that have the most significant risk to water security; and (B) a description of the schedule for developing the plan of action required by subsection (d). (2) Not later than one year after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, and annually thereafter not later than the date of President’s budget for a fiscal year under section 1105 of title 31, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes, with respect to the period covered by the briefing— (A) an update on the progress of the Secretary concerned toward completing the water security assessment required by subsection (b); (B) up-to-date cost estimates for projects to mitigate loss of available water supply to leakage identified pursuant to subsection (d)(1)(E); and (C) a description of— (i) any agreement between a Secretary concerned and the head of a non-Department of Defense entity with respect to property under the jurisdiction of the Secretary concerned that may affect— (I) the supply of water available to a military installation under the jurisdiction of the Secretary concerned; or (II) the demand for water of such a military installation; and (ii) any change to— (I) the water supply of a military installation under the jurisdiction of the Secretary concerned; or (II) the demand for water of such a military installation. (h) Rule of construction Nothing in this section shall be construed to require the repetition or replacement of any prior water assessment or evaluation conducted before the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, so long as such assessment remains accurate and reflects current mission requirements.. (b) Conforming repeal Section 2827 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2866 note) is repealed.

•HR 3838 RHSEC. 2803
Passed the House · Sec. 2803

(a) In general Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2866 the following new section: 2866a. Risk-based approach to installation water management and security at military installations (a) In general (1) The Secretary concerned shall adopt a risk-based approach to water management and security for each military installation under the jurisdiction of the Secretary. (2) The Secretary concerned shall begin implementation of paragraph (1) by prioritizing those military installations under the jurisdiction of the Secretary that the Secretary determines— (A) are experiencing the greatest risks to water management and water security; and (B) face the most severe existing or potential adverse impacts to mission assurance as a result of such risks. (3) Determinations under paragraph (2) shall be made on the basis of the water management and security assessments made by the Secretary concerned under subsection (b). (b) Water management and water security assessments (1) The Secretaries concerned, acting jointly, shall develop a methodology to assess risks to water management and water security and mission assurance. (2) Such methodology shall include the following: (A) An evaluation of all water sources available to a military installation, disaggregated by— (i) raw water (total available water volume); (ii) treated potable water; and (iii) treated nonpotable water. (B) An assessment of relevant supply connections for a military installation, including number, type, water flow rate, seasonal variability, and the extent of competition for the water sources. (C) A calculation of the total water requirement of the military installation that— (i) includes an identification of the water usage by tenant commands that reside on the military installation; and (ii) describes the water uses that comprise such total water requirement, disaggregated by— (I) drinking water uses; and (II) nonpotable water uses, including industrial and agricultural uses, such as cooling, irrigation groundskeeping, and wash water. (D) An evaluation of the age, condition, and jurisdictional control of water infrastructure serving the military installation, including an estimate of the percentage of water lost to such water infrastructure that is in poor or failing condition. (E) An evaluation of the military installation’s water security risks that could negatively impact mission assurance, including— (i) the location of the military installation in a drought-prone region; (ii) decreasing water levels or sources; (iii) effects of new defense water uses on the total water requirement of the military installation; (iv) increases to the demand for water in areas outside the jurisdiction of the military installation that— (I) result from nondefense or defense adjacent requirements; and (II) could affect— (aa) the supply of water available for use by the military installation; (bb) the quality of such water; and (cc) legal issues of the military installation, such as water rights disputes. (F) An evaluation of the capacity of the military installation’s water supply to withstand or quickly recover from water resource constraints, and the overall health of the aquifer basin of which the water supply is a part, including the robustness of the resource, redundancy, and ability to recover from disruption. (G) An evaluation of existing water metering and consumption at the military installation, considered at a minimum— (i) by type of installation activity, such as training, maintenance, medical, housing, and grounds maintenance and landscaping; and (ii) by fluctuations in consumption, including peak consumption by quarter. (H) The appropriate frequency for reassessment of the installations at highest water security risk. (3) The Secretaries concerned, acting jointly, shall update the methodology under paragraph (1) not less frequently than once every ten years. (c) Reassessment of water insecure military installations Each Secretary concerned shall update its assessments of the most at-risk installations not less frequently than the frequency established under subsection (b)(2)(H). (d) Mitigation of water security risk at most at-risk installations (1) Each Secretary of a military department shall— (A) identify the three military installations under the jurisdiction of the Secretary that are most at-risk for water insecurity; and (B) develop, for each military installation so identified, a plan of action and milestones to address— (i) risks to water security; and (ii) threats to mission assurance. (2) Each such plan of action shall include the following: (A) The nature of each risk to the military installation’s capacity and mission assurance. (B) The factors contributing to the high degree of risk, disaggregated by risks located— (i) inside the jurisdiction of the military installation; and (ii) outside such jurisdiction. (C) A plan for implementing installation-level metering to ensure more accurate assessments of demand for water at the military installation. (D) An assessment of— (i) the effects of planned future missions and new tenants on the demand for water at the military installation; and (ii) the corresponding requirements for water infrastructure serving the military installation to ensure adequate water supply for mission assurance. (E) A list of infrastructure projects to mitigate loss of available water supply to leakage, including new construction, recapitalization, required maintenance, and modernization of existing infrastructure. (F) A cost-benefit analysis of using no dig technologies, including cure-in-place pipe lining, to mitigate infrastructure degradation that leads to water loss. (e) Evaluation of installations for nonpotable water reuse (1) Each Secretary concerned shall evaluate each military installation under the jurisidiction of the Secretary identified pursuant to subsection (d)(A), to determine the potential for the military installation to mitigate risks to water security through the reuse of nonpotable for nondrinking water uses. (2) Such evaluation shall include the following: (A) An evaluation of alternative water sources to offset use of freshwater, including water recycling and harvested rainwater for use as nonpotable water. (B) An assessment of the feasibility of incorporating, when practicable, water-efficient technologies and systems to minimize water consumption and wastewater discharge in buildings located on the military installation scheduled for renovation. (C) An evaluation of the practicality of implementing water reuse systems and other water-saving infrastructure into new construction in water-constrained areas, as determined pursuant to the applicable water management and security assessment under subsection (b). (f) Cost effective landscaping management practices (1) The Secretary concerned shall, to the maximum extent practicable, implement, at each military installation under the jurisdiction of the Secretary, landscaping management practices that mitigate risks to water security and enhance mission assurance by enabling greater quantities of water availability for operational, training, and maintenance requirements. (2) For military installations located in arid or semi-arid regions, such landscaping management practices shall include practices that avoid the cost of irrigation. (3) For military installations located in nonarid regions, such landscaping management practices shall include the use of plants common to the region in which the installation is located and native grasses and plants that decrease water consumption requirements. (g) Briefings required (1) Not later than 180 days after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes— (A) an identification, in ranked order, of the military installations under the jurisdiction of the Secretary concerned that have the most significant risk to water security; and (B) a description of the schedule for developing the plan of action required by subsection (d). (2) Not later than one year after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, and annually thereafter not later than the date of President’s budget for a fiscal year under section 1105 of title 31, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes, with respect to the period covered by the briefing— (A) an update on the progress of the Secretary concerned toward completing the water security assessment required by subsection (b); (B) up-to-date cost estimates for projects to mitigate loss of available water supply to leakage identified pursuant to subsection (d)(1)(E); and (C) a description of— (i) any agreement between a Secretary concerned and the head of a non-Department of Defense entity with respect to property under the jurisdiction of the Secretary concerned that may affect— (I) the supply of water available to a military installation under the jurisdiction of the Secretary concerned; or (II) the demand for water of such a military installation; and (ii) any change to— (I) the water supply of a military installation under the jurisdiction of the Secretary concerned; or (II) the demand for water of such a military installation. (h) Rule of construction Nothing in this section shall be construed to require the repetition or replacement of any prior water assessment or evaluation conducted before the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, so long as such assessment remains accurate and reflects current mission requirements.. (b) Conforming repeal Section 2827 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2866 note) is repealed.

•HR 3838 EHSEC. 2803

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