I 

116TH CONGRESS 

1ST SESSION H. R. 5217 

To provide for western water security, reliability, modernization, and 

abundance, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2019 

Mr. MCCLINTOCK (for himself, Mr. MCCARTHY, Mr. BISHOP of Utah, Mr. 

CALVERT, Mr. NUNES, Mr. NEWHOUSE, Mr. FULCHER, Mr. COOK, Mr. 

LAMALFA, Mr. HUNTER, Mr. GOSAR, and Mr. TIPTON) introduced the 

following bill; which was referred to the Committee on Natural Resources, 

and in addition to the Committees on Transportation and Infrastructure, 

Agriculture, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for western water security, reliability, 

modernization, and abundance, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Water Optimization 

5 for the West Act’’ or the ‘‘WOW Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—WATER INFRASTRUCTURE 

Sec. 1001. WIIN Act amendments. 

TITLE II—SACRAMENTO-SAN JOAQUIN VALLEY WATER 

RELIABILITY ACT 

Subtitle A—Central Valley Project Water Reliability 

Sec. 2001. Amendment to purposes. 

Sec. 2002. Amendment to definition. 

Sec. 2003. Contracts. 

Sec. 2004. Water transfers, improved water management, and conservation. 

Sec. 2005. Fish, wildlife, and habitat restoration. 

Sec. 2006. Restoration fund. 

Sec. 2007. Additional authorities. 

Sec. 2008. Amendments to Central Valley Project authorizations. 

Sec. 2009. Regulatory streamlining. 

Subtitle B—San Joaquin River Restoration 

Sec. 2101. Repeal of the San Joaquin River Settlement. 

Sec. 2102. Purpose. 

Sec. 2103. Definitions. 

Sec. 2104. Implementation of restoration. 

Sec. 2105. Disposal of property; title to facilities. 

Sec. 2106. Compliance with applicable law. 

Sec. 2107. Compliance with Central Valley Project Improvement Act. 

Sec. 2108. No private right of action. 

Sec. 2109. Implementation. 

Sec. 2110. Repayment contracts and acceleration of repayment of construction 

costs. 

Sec. 2111. Repeal. 

Sec. 2112. Water supply mitigation. 

Sec. 2113. Additional authorities. 

Sec. 2114. Protections. 

TITLE III—REPURPOSING ASSETS TO INCREASE LONG-TERM 

WATER AVAILABILITY AND YIELD ACT 

Sec. 3001. Treatment of certain funds dedicated for high-speed rail development in the State of California. 

Sec. 3002. Nitrate contamination reduction grants. 

Sec. 3003. New well construction grants. 

TITLE IV—HETCH HETCHY DAM 

Sec. 4001. Hetch Hetchy rental fee update. 

TITLE V—BUREAU OF RECLAMATION AND BUREAU OF INDIAN 

AFFAIRS WATER PROJECT STREAMLINING ACT 

Sec. 5001. Definitions. 

Sec. 5002. Acceleration of studies. 

Sec. 5003. Expedited completion of reports. 


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Sec. 5004. Project acceleration. 

Sec. 5005. Annual report to Congress. 

Sec. 5006. Applicability of the WIIN Act. 

TITLE VI—WATER SUPPLY PERMITTING COORDINATION ACT 

Sec. 6001. Definitions. 

Sec. 6002. Establishment of lead agency and cooperating agencies. 

Sec. 6003. Bureau responsibilities. 

Sec. 6004. Cooperating agency responsibilities. 

Sec. 6005. Funding to process permits. 

TITLE VII—FEDERALLY INTEGRATED SPECIES HEALTH ACT 

Sec. 7001. Transfer of functions with respect to anadromous species and 

catadromous species. 

Sec. 7002. Miscellaneous provisions. 

Sec. 7003. Definitions. 

TITLE VIII—AQUIFER RECHARGE FLEXIBILITY PILOT PROGRAM 

Sec. 8001. Definitions. 

Sec. 8002. Use of Bureau facilities. 

Sec. 8003. Aquifer recharge on eligible land. 

Sec. 8004. Sense of Congress. 

Sec. 8005. Conveyance for aquifer recharge purposes. 

Sec. 8006. Report. 

Sec. 8007. Effect. 

Sec. 8008. Exemption. 

TITLE IX—BIG SAND WASH PROJECT TITLE TRANSFER ACT 

Sec. 9001. Definitions. 

Sec. 9002. Conveyance of facilities and land. 

Sec. 9003. Relationship to Uinta Basin Replacement Project. 

Sec. 9004. Report. 

TITLE X—KENNEWICK IRRIGATION DISTRICT TITLE TRANSFER 

ACT 

Sec. 10001. Definitions. 

Sec. 10002. Agreement, conveyance, report. 

Sec. 10003. Liability. 

Sec. 10004. Benefits. 

Sec. 10005. Compliance with other laws. 

Sec. 10006. Payment. 

Sec. 10007. Miscellaneous. 

Sec. 10008. Limitations. 

TITLE XI—WATER RIGHTS PROTECTION ACT 

Sec. 11001. Definitions. 

Sec. 11002. Treatment of water rights. 

Sec. 11003. Policy development. 

Sec. 11004. Effect. 

TITLE XII—COULEE DAM REDESIGNATION 


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Sec. 12001. Redesignation of facility. 

Sec. 12002. References. 

TITLE XIII—NUTRIA ERADICATION AND CONTROL ACT 

REAUTHORIZATION 

Sec. 13001. Nutria eradication. 

Sec. 13002. Deauthorizations. 

1 TITLE I—WATER 

2 INFRASTRUCTURE 

3 SEC. 1001. WIIN ACT AMENDMENTS. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—The 

5 WIIN Act (Public Law 114–322) is amended— 

6 (1) in section 4007 (43 U.S.C. 390(b) note)— 

7 (A) in subsection (h)(1)— 

8 (i) by striking ‘‘$335,000,000 of fund9 ing in section 4011(e) is authorized’’ and 

10 inserting ‘‘$134,000,000 is authorized’’; 

11 and 

12 (ii) by striking ‘‘to remain available 

13 until expended’’ and inserting ‘‘to be ap14 propriated for each of fiscal years 2021 

15 through 2025 to carry out this section’’; 

16 and 

17 (B) in subsection (h)(2)— 

18 (i) by striking ‘‘Congress.’’ and insert19 ing ‘‘Congress; and’’; and 

20 (ii) by adding at the end the fol21 lowing: 


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1 ‘‘(A) After approval by Congress of an ini2 tial award for a federally owned storage project 

3 or a State-led storage project, the Secretary 

4 may award additional funding for the federally 

5 owned storage project or State-led storage 

6 project without further congressional approval; 

7 and 

8 ‘‘(B) previously authorized projects remain 

9 eligible to receive funding under this provi10 sion.’’; and 

11 (C) in subsection (i), by striking ‘‘January 

12 1, 2021’’ and inserting ‘‘January 1, 2028’’; and 

13 (2) in section 4013 (43 U.S.C. 390(b) note)— 

14 (A) by striking ‘‘the date that is 5 years 

15 after the date of its enactment’’ and inserting 

16 ‘‘December 16, 2028’’; and 

17 (B) by striking ‘‘10 years after the date of 

18 its enactment’’ and inserting ‘‘on December 16, 

19 2033’’. 

20 (b) STATE WATER PROJECT PROTECTIONS.—Sub21 section (b)(2) of section 4005 of the WIIN Act (Public 

22 Law 114–322) is amended by striking ‘‘smelt biological 

23 opinion and the salmonid biological opinion;’’ and insert24 ing ‘‘then current smelt biological opinion and the then 

25 current salmonid biological opinion;’’. 


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1 (c) WATER DESALINATION ACT AMENDMENT.—Sec2 tion 4(a)(1)(F) of the Water Desalination Act of 1996 (42 

3 U.S.C. 10301 note; Public Law 104–298), as amended by 

4 section 4009 of the WIIN Act, is further amended by 

5 striking ‘‘$30,000,000 of funding is authorized to remain 

6 available until expended; and’’ and inserting ‘‘$12,000,000 

7 is authorized to be appropriated for each of fiscal years 

8 2021 through 2025.’’. 

9 (d) RECLAMATION WASTEWATER AND GROUND

10 WATER STUDY AND FACILITIES ACT AMENDMENT.—Sec11 tion 1602(g) of the Reclamation Wastewater and Ground12 water Study and Facilities Act (title XVI of Public Law 

13 102–575; 43 U.S.C. 390h(g)), as amended by section 

14 4009 of the WIIN Act, is further amended by striking 

15 ‘‘$50,000,000 to remain available until expended’’ and in16 serting ‘‘$20,000,000 for each of fiscal years 2021 

17 through 2025’’. 

18 (e) CALFED AUTHORIZATION.—Title I of Public 

19 Law 108–361 (the CALFED Bay-Delta Authorization 

20 Act) (118 Stat. 1681; 123 Stat. 2860; 128 Stat. 164; 128 

21 Stat. 2312) (as amended by section 4007(k) of the WIIN 

22 Act (130 Stat. 1866)) is amended by striking ‘‘2019’’ each 

23 place it appears and inserting ‘‘2025’’. 


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1 (f) BLUEPRINT PARTICIPATION.—Section 4009 of 

2 the WIIN Act (Public Law 114–322) is amended by add3 ing after subsection (a) the following: 

4 ‘‘(b) AUTHORIZATION TO PARTICIPATE.—The Sec5 retary of the Interior is authorized to participate in the 

6 development of the Water Blueprint for the San Joaquin 

7 Valley, including the development of policy and infrastruc8 ture recommendations that— 

9 ‘‘(1) increase surface water availability and reli10 ability; and 

11 ‘‘(2) reduce groundwater overdraft.’’. 

12 (g) STORAGE PROJECT FEASIBILITY.—Section 

13 4007(a) of the WIIN Act (43 U.S.C. 390b(a)) is amended 

14 by adding at the end the following: 

15 ‘‘(3) FEASIBLE.—The term ‘feasible’ in regards 

16 to any Federally owned storage project or State-led 

17 storage project, means any such project for which 

18 the Secretary of the Interior determines that— 

19 ‘‘(A) engineering and cost estimates have 

20 been completed consistent with the level of de21 tail required for typical feasibility studies used 

22 to assist in the selection of a preferred plan or 

23 alternative in order to ensure the project is con24 structible and estimated costs support feasi25 bility; 


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1 ‘‘(B) there is reasonable certainty that en2 vironmental compliance and permitting, con3 sistent with applicable Federal and State laws, 

4 shall be completed and any potential changes to 

5 the project that may be required by those laws 

6 have been identified; and 

7 ‘‘(C) the maximum amount of Federal 

8 funds provided is no less than the projected 

9 Federal benefits, including, but not limited to, 

10 water supply, irrigation, flood control, hydro11 electric power, navigation, recreation, fish and 

12 wildlife enhancement, water quality, or road im13 provement, maintenance, or relocation provided 

14 by the project.’’. 

15 (h) STORAGE PROJECT FLEXIBILITY.—Section 

16 4007(b)(1) of the WIIN Act (Public Law 114–322) is 

17 amended by striking ‘‘or any public agency’’ and inserting 

18 ‘‘any public agency, or any other entity’’. 


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1 TITLE II—SACRAMENTO-SAN 

2 JOAQUIN VALLEY WATER RE3 LIABILITY ACT 

4 Subtitle A—Central Valley Project 

5 Water Reliability 

6 SEC. 2001. AMENDMENT TO PURPOSES. 

7 Section 3402 of the Central Valley Project Improve8 ment Act (106 Stat. 4706) is amended— 

9 (1) in subsection (f), by striking the period at 

10 the end; and 

11 (2) by adding at the end the following: 

12 ‘‘(g) to ensure that water dedicated to fish and wild13 life purposes by this title is replaced and provided to Cen14 tral Valley Project water contractors by December 31, 

15 2023, at the lowest cost reasonably achievable; and 

16 ‘‘(h) to facilitate and expedite water transfers in ac17 cordance with this Act.’’. 

18 SEC. 2002. AMENDMENT TO DEFINITION. 

19 Section 3403 of the Central Valley Project Improve20 ment Act (106 Stat. 4707) is amended— 

21 (1) by amending subsection (a) to read as fol22 lows: 

23 ‘‘(a) the term ‘anadromous fish’ means those native 

24 stocks of salmon (including steelhead) and sturgeon that, 

25 as of October 30, 1992, were present in the Sacramento 


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1 and San Joaquin Rivers and their tributaries and ascend 

2 those rivers and their tributaries to reproduce after matur3 ing in San Francisco Bay or the Pacific Ocean;’’; 

4 (2) in subsection (h), by striking ‘‘(h) The term 

5 ‘natural production’ means fish produced to adult6 hood without direct human intervention in the 

7 spawning, rearing, or migration processes;’’ and by 

8 redesignating subsections (i) through (m) as sub9 sections (h) through (l), respectively; 

10 (3) in subsection (k), by striking ‘‘and,’’ after 

11 ‘‘this title’’; 

12 (4) in subsection (l), by striking the period and 

13 inserting ‘‘; and’’; and 

14 (5) by adding at the end the following: 

15 ‘‘(m) the term ‘reasonable flows’ means water flows 

16 capable of being maintained taking into account com17 peting consumptive uses of water and economic, environ18 mental, and social factors.’’. 

19 SEC. 2003. CONTRACTS. 

20 Section 3404 of the Central Valley Project Improve21 ment Act (106 Stat. 4708) is amended— 

22 (1) in the heading, by striking ‘‘LIMITATION

23 ON CONTRACTING AND CONTRACT REFORM’’ 

24 and inserting ‘‘CONTRACTS’’; and 


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1 (2) by striking the language of the section and 

2 by adding: 

3 ‘‘(a) RENEWAL OF EXISTING LONG-TERM CON4 TRACTS.—Upon request of the contractor, the Secretary 

5 shall renew any existing long-term repayment or water 

6 service contract that provides for the delivery of water 

7 from the Central Valley Project for a period of 40 years. 

8 In renewing the contract, the Secretary shall not have dis9 cretion to reduce the quantity of water to be delivered 

10 under the contract. 

11 ‘‘(b) ADMINISTRATION OF CONTRACTS.—Except as 

12 expressly provided by this Act, any existing long-term re13 payment or water service contract for the delivery of water 

14 from the Central Valley Project shall be administered pur15 suant to the Reclamation laws applicable to the contract, 

16 including the Act of July 2, 1956 (70 Stat. 483), when 

17 applicable. 

18 ‘‘(c) PRICING BASED ON WATER DELIVERIES.—Be19 ginning on the date of the enactment of this Act, the Sec20 retary shall charge contractors only for water actually de21 livered. The Secretary shall incorporate this term in all 

22 contracts for the delivery of water from the Central Valley 

23 Project.’’. 


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1 SEC. 2004. WATER TRANSFERS, IMPROVED WATER MANAGE2 MENT, AND CONSERVATION. 

3 Section 3405 of the Central Valley Project Improve4 ment Act (106 Stat. 4709) is amended as follows: 

5 (1) In subsection (a)— 

6 (A) by inserting before ‘‘Except as pro7 vided herein’’ the following: ‘‘The Secretary 

8 shall take all necessary actions to facilitate and 

9 expedite transfers of Central Valley Project 

10 water in accordance with this Act or any other 

11 provision of Federal Reclamation laws and the 

12 National Environmental Policy Act of 1969.’’; 

13 (B) in paragraph (1)(A), by striking ‘‘to 

14 combination’’ and inserting ‘‘or combination’’; 

15 (C) in paragraph (2), by adding at the end 

16 the following: 

17 ‘‘(E) The contracting district from which 

18 the water is coming, the agency, or the Sec19 retary shall determine if a written transfer pro20 posal is complete within 45 days after the date 

21 of submission of such proposal. If such district 

22 or agency or the Secretary determines that such 

23 proposal is incomplete, such district or agency 

24 or the Secretary shall state with specificity 

25 what must be added to or revised in order for 

26 such proposal to be complete. 


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1 ‘‘(F) Except as provided in this section, 

2 the Secretary shall not impose mitigation or 

3 other requirements on a proposed transfer, but 

4 the contracting district from which the water is 

5 coming or the agency shall retain all authority 

6 under State law to approve or condition a pro7 posed transfer.’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(4) Notwithstanding any other provision of 

10 Federal Reclamation laws— 

11 ‘‘(A) the authority to make transfers or ex12 changes of, or banking or recharge arrange13 ments using, Central Valley Project water that 

14 could have been conducted before October 30, 

15 1992, is valid, and such transfers, exchanges, 

16 or arrangements shall not be subject to, limited, 

17 or conditioned by this title; and 

18 ‘‘(B) this title shall not supersede or re19 voke the authority to transfer, exchange, bank, 

20 or recharge Central Valley Project water that 

21 existed prior to October 30, 1992.’’. 

22 (2) In subsection (b)— 

23 (A) in the heading, by striking ‘‘METER24 ING’’ and inserting ‘‘MEASUREMENT’’; and 


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1 (B) by inserting after the first sentence 

2 the following: ‘‘The contracting district or agen3 cy shall ensure that all surface water delivery 

4 systems owned or operated by that contracting 

5 district or agency within its boundaries measure 

6 surface water at the district or agency’s facili7 ties up to the point the surface water is com8 mingled with other water supplies.’’. 

9 (3) By striking subsection (d). 

10 (4) By redesignating subsections (e) and (f) as 

11 subsections (d) and (e), respectively. 

12 (5) By amending subsection (e) (as redesig13 nated by paragraph (4))— 

14 (A) by striking ‘‘as a result of the in15 creased repayment’’ and inserting ‘‘that exceed 

16 the cost-of-service’’; 

17 (B) by inserting ‘‘the delivery of’’ after 

18 ‘‘rates applicable to’’; 

19 (C) by striking ‘‘, and all increased reve20 nues received by the Secretary as a result of the 

21 increased water prices established under sub22 section 3405(d) of this section,’’; and 

23 (D) by striking ‘‘covered’’ and inserting 

24 ‘‘deposited’’. 


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1 SEC. 2005. FISH, WILDLIFE, AND HABITAT RESTORATION. 

2 Section 3406 of the Central Valley Project Improve3 ment Act (106 Stat. 4714) is amended as follows: 

4 (1) In subsection (a) by striking paragraphs (1) 

5 and (2), and redesignating paragraphs (3) and (4) 

6 as (1) and (2); 

7 (2) In subsection (b)— 

8 (A) by striking ‘‘establishing’’ and insert9 ing ‘‘that establish’’; and 

10 (B) by inserting ‘‘, that the Secretary has 

11 determined are not inconsistent with the con12 gressionally authorized purposes of the 

13 project,’’ after ‘‘California State Water Re14 sources Control Board’’; 

15 (C) in paragraph (1)— 

16 (i) by striking ‘‘natural production 

17 of’’; 

18 (ii) by striking ‘‘levels not less than 

19 twice’’; and 

20 (iii) by striking ‘‘title; And provided 

21 further,’’ and all that follows through the 

22 period and inserting ‘‘title.’’; 

23 (D) in paragraph (1)(B)— 

24 (i) by striking ‘‘is authorized and di25 rected to’’ and inserting ‘‘may’’; 


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1 (ii) by inserting ‘‘reasonable water’’ 

2 after ‘‘to provide’’; 

3 (iii) by striking ‘‘anadromous fish, ex4 cept that such’’ and inserting ‘‘anad5 romous fish. Such’’; 

6 (iv) by striking ‘‘remaining contrac7 tual obligations’’ and inserting ‘‘contrac8 tual obligations’’; 

9 (v) by striking ‘‘Instream flow’’ and 

10 inserting ‘‘Reasonable instream flow’’; 

11 (vi) by inserting ‘‘and the National 

12 Marine Fisheries Service’’ after ‘‘United 

13 States Fish and Wildlife Service’’; and 

14 (vii) by striking ‘‘after consultation 

15 with the California Department of Fish 

16 and Game’’; 

17 (E) in paragraph (2)— 

18 (i) by striking ‘‘primary purpose’’ and 

19 inserting ‘‘purposes’’; 

20 (ii) by striking ‘‘but not limited to’’ 

21 before ‘‘additional obligations’’; and 

22 (iii) by adding after the period the fol23 lowing: ‘‘All Central Valley Project water 

24 used for the purposes specified in this 

25 paragraph shall be credited to the quantity 


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1 of Central Valley Project yield dedicated 

2 and managed under this paragraph by de3 termining how the dedication and manage4 ment of such water would affect the deliv5 ery capability of the Central Valley Project 

6 during the 1928 to 1934 drought period 

7 after fishery, water quality, and other flow 

8 and operational requirements imposed by 

9 terms and conditions existing in licenses, 

10 permits, and other agreements pertaining 

11 to the Central Valley Project under appli12 cable State or Federal law existing on Oc13 tober 30, 1992, have been met. To the full14 est extent possible and in accordance with 

15 section 3411, Central Valley Project water 

16 dedicated and managed pursuant to this 

17 paragraph shall be reused to fulfill the 

18 Secretary’s contractual obligations to pro19 vide Central Valley Project water for agri20 cultural or municipal and industrial pur21 poses.’’; 

22 (F) by amending paragraph (2)(B) to 

23 read: 

24 ‘‘(B) Such quantity of water shall be man25 aged by the Bureau of Reclamation after conVerDate Sep 11 2014 04:19 Dec 05, 2019 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5217.IH H5217

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1 sultation with the United States Fish and Wild2 life Service and the National Marine Fisheries 

3 Service.’’; 

4 (G) by amending paragraph 2(C) to read: 

5 ‘‘(C) If by March 15th of any year the 

6 quantity of Central Valley Project water fore7 casted to be made available to water service or 

8 repayment contractors in the Delta Division of 

9 the Central Valley Project is below 75 percent 

10 of the total quantity of water to be made avail11 able under said contracts, the quantity of Cen12 tral Valley Project yield dedicated and managed 

13 for that year under this paragraph shall be re14 duced by 25 percent.’’. 

15 (3) In subsection (c) in paragraph (1) by strik16 ing ‘‘naturally reproducing’’. 

17 (4) In subsection (d)— 

18 (A) in paragraph (1), by striking ‘‘para19 graph (1) of this subsection’’ and inserting 

20 ‘‘paragraph (2) of this subsection’’. 

21 (B) by amending paragraph (4) to read as 

22 follows: 

23 ‘‘(4) If by March 15th of any year the quantity 

24 of Central Valley Project water forecasted to be 

25 made available to water service or repayment conVerDate Sep 11 2014 04:19 Dec 05, 2019 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5217.IH H5217

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1 tractors in the Delta Division of the Central Valley 

2 Project is below 75 percent of the total quantity of 

3 water to be made available under said contracts, the 

4 quantity of water dedicated under paragraph (1) of 

5 this subsection shall be reduced by 25 percent.’’. 

6 (5) In subsection (e)— 

7 (A) in paragraph (2), by striking ‘‘Pro8 vided, That additional hatchery production shall 

9 only be used to supplement or to re-establish 

10 natural production while avoiding adverse ef11 fects on remaining wild stocks;’’; and 

12 (B) in paragraph (6), by striking ‘‘restore, 

13 and enhance natural production of salmon and 

14 steelhead trout’’ and inserting ‘‘and restore 

15 anadromous fish’’. 

16 (6) By adding at the end the following: 

17 ‘‘(i) NATURAL AND ARTIFICIAL PRODUCTION OF

18 SPECIES.—Regardless of the date of listing, the Secre19 taries of the Interior and Commerce shall not distinguish 

20 between natural production and artificial propagation or 

21 artificial production strains of a species in making any de22 termination under the Endangered Species Act of 1973 

23 (16 U.S.C. 1531 et seq.) that relates to any anadromous 

24 fish species present in the Sacramento and San Joaquin 

25 Rivers or their tributaries and ascend those rivers and 


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1 their tributaries to reproduce after maturing in San Fran2 cisco Bay or the Pacific Ocean. 

3 ‘‘(j) SATISFACTION OF PURPOSES.—By pursuing the 

4 activities described in this section, the Secretary shall be 

5 deemed to have met the fish and wildlife mitigation, pro6 tection, restoration, and enhancement purposes of this 

7 title.’’. 

8 SEC. 2006. RESTORATION FUND. 

9 (a) IN GENERAL.—Section 3407(a) of the Central 

10 Valley Project Improvement Act (106 Stat. 4726) is 

11 amended as follows: 

12 (1) By inserting ‘‘(1) IN GENERAL.—There is 

13 hereby’’. 

14 (2) By striking ‘‘Not less than 67 percent’’ and 

15 all that follows through ‘‘Monies’’ and inserting 

16 ‘‘Monies’’. 

17 (3) By adding at the end the following: 

18 ‘‘(2) PROHIBITIONS.—The Secretary may not 

19 directly or indirectly require a donation or other 

20 payment to the Restoration Fund— 

21 ‘‘(A) or environmental restoration or miti22 gation fees not otherwise provided by law, as a 

23 condition to— 

24 ‘‘(i) providing for the storage or con25 veyance of non-Central Valley Project 


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1 water pursuant to Federal reclamation 

2 laws; or 

3 ‘‘(ii) the delivery of water pursuant to 

4 section 215 of the Reclamation Reform Act 

5 of 1982 (Public Law 97–293; 96 Stat. 

6 1270); or 

7 ‘‘(B) for any water that is delivered with 

8 the intent of groundwater recharge or bank9 ing.’’. 

10 (b) CERTAIN PAYMENTS.—Section 3407(c)(1) of the 

11 Central Valley Project Improvement Act is amended— 

12 (1) by striking ‘‘provided for or’’; and 

13 (2) by striking ‘‘of fish, wildlife’’ and all that 

14 follows through the period and inserting ‘‘of carrying 

15 out all activities described in this title.’’. 

16 (c) ADJUSTMENT AND ASSESSMENT OF MITIGATION

17 AND RESTORATION PAYMENTS.—Section 3407(d)(2)(A) 

18 of the Central Valley Project Improvement Act is amended 

19 by inserting ‘‘, or after October 1, 2013, $4 per megawatt20 hour for Central Valley Project power sold to power con21 tractors (October 2013 price levels)’’ after ‘‘$12 per acre22 foot (October 1992 price levels) for municipal and indus23 trial water sold and delivered by the Central Valley 

24 Project’’. 


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1 (d) COMPLETION OF ACTIONS.—Section 

2 3407(d)(2)(A) of the Central Valley Project Improvement 

3 Act is amended by inserting ‘‘not later than December 31, 

4 2025,’’ after ‘‘That upon the completion of the fish, wild5 life, and habitat mitigation and restoration actions man6 dated under section 3406,’’. 

7 (e) REPORT; ADVISORY BOARD.—Section 3407 of the 

8 Central Valley Project Improvement Act (106 Stat. 4714) 

9 is amended by adding at the end the following: 

10 ‘‘(g) REPORT ON EXPENDITURE OF FUNDS.—At the 

11 end of each fiscal year, the Secretary, in consultation with 

12 the Restoration Fund Advisory Board, shall submit to 

13 Congress a plan for the expenditure of all of the funds 

14 deposited into the Restoration Fund during the preceding 

15 fiscal year. Such plan shall contain a cost-effectiveness 

16 analysis of each expenditure. 

17 ‘‘(h) ADVISORY BOARD.— 

18 ‘‘(1) ESTABLISHMENT.—There is hereby estab19 lished the Restoration Fund Advisory Board (herein20 after in this section referred to as the ‘Advisory 

21 Board’) composed of 12 members selected by the 

22 Secretary, each for four-year terms, one of whom 

23 shall be designated by the Secretary as Chairman. 

24 The members shall be selected so as to represent the 

25 various Central Valley Project stakeholders, four of 


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1 whom shall be from CVP agricultural users, three 

2 from CVP municipal and industrial users, three 

3 from CVP power contractors, and two at the discre4 tion of the Secretary. The Secretary and the Sec5 retary of Commerce may each designate a represent6 ative to act as an observer of the Advisory Board. 

7 ‘‘(2) DUTIES.—The duties of the Advisory 

8 Board are as follows: 

9 ‘‘(A) To meet at least semiannually to de10 velop and make recommendations to the Sec11 retary regarding priorities and spending levels 

12 on projects and programs carried out pursuant 

13 to the Central Valley Project Improvement Act. 

14 ‘‘(B) To ensure that any advice or rec15 ommendation made by the Advisory Board to 

16 the Secretary reflect the independent judgment 

17 of the Advisory Board. 

18 ‘‘(C) Not later than December 31, 2021, 

19 and annually thereafter, to transmit to the Sec20 retary and Congress recommendations required 

21 under subparagraph (A). 

22 ‘‘(D) Not later than December 31, 2021, 

23 and biennially thereafter, to transmit to Con24 gress a report that details the progress made in 


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1 achieving the actions mandated under section 

2 3406. 

3 ‘‘(3) ADMINISTRATION.—With the consent of 

4 the appropriate agency head, the Advisory Board 

5 may use the facilities and services of any Federal 

6 agency.’’. 

7 SEC. 2007. ADDITIONAL AUTHORITIES. 

8 (a) AUTHORITY FOR CERTAIN ACTIVITIES.—Section 

9 3408 of the Central Valley Project Improvement Act (106 

10 Stat. 4728) is amended— 

11 (1) by amending subdivision (c) to read as fol12 lows: 

13 ‘‘(c) ADDITIONAL STORAGE AND DELIVERY OF

14 WATER.— 

15 ‘‘(1) IN GENERAL.—Pursuant to Federal Rec16 lamation laws and this title, the Secretary is author17 ized to enter into contracts or agreements with any 

18 Federal agency, California water user or water agen19 cy, State agency, joint powers authority, or private 

20 organization for the exchange, impoundment, stor21 age, carriage, and delivery of non-project water for 

22 domestic, municipal, industrial, fish and wildlife, 

23 groundwater recharge or banking, and any other 

24 beneficial purpose. 


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1 ‘‘(2) LIMITATION.—Nothing in this subsection 

2 shall be deemed to supersede the provisions of sec3 tion 103 of Public Law 99–546 (100 Stat. 3051). 

4 ‘‘(3) AUTHORITY FOR CERTAIN ACTIVITIES.— 

5 The Secretary shall use the authority granted by 

6 this subsection in connection with requests to ex7 change, impound, store, carry, or deliver non-project 

8 water using Central Valley Project facilities for any 

9 beneficial purpose where such facilities are not oth10 erwise committed or required to fulfill project pur11 poses, including deliveries under existing contracts, 

12 or other Federal obligations. 

13 ‘‘(4) RATES.—The Secretary shall develop rates 

14 not to exceed the amount required to recover the 

15 reasonable costs incurred by the Secretary in con16 nection with a beneficial purpose under this sub17 section. Such rates shall be charged to a party using 

18 Central Valley Project facilities for such purpose. 

19 Such costs shall not include any donation or other 

20 payment to the Restoration Fund. 

21 ‘‘(5) CONSTRUCTION.—This subsection shall be 

22 construed and implemented to facilitate and encour23 age the use of Central Valley Project facilities to ex24 change, carry, or deliver non-project water for any 

25 beneficial purpose.’’; and 


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1 (2) by striking subsection (d) and redesignating 

2 subsections (e) through (k) as subsections (d) 

3 through (j). 

4 (b) REPORTING REQUIREMENTS.—Section 3408(e) 

5 of the Central Valley Project Improvement Act (106 Stat. 

6 4729) is amended— 

7 (1) by striking ‘‘Interior and Insular Affairs 

8 and the Committee on Merchant Marine and Fish9 eries’’ and inserting ‘‘Natural Resources’’; 

10 (2) in the second sentence, by inserting before 

11 the period at the end the following: ‘‘, including 

12 progress on the plan required by subsection (i)’’; and 

13 (3) by adding at the end the following: ‘‘The fil14 ing and adequacy of such report shall be personally 

15 certified to the Committees referenced above by the 

16 Regional Director of the Mid-Pacific Region of the 

17 Bureau of Reclamation.’’. 

18 (c) PROJECT YIELD INCREASE.—Section 3408(i) of 

19 the Central Valley Project Improvement Act (106 Stat. 

20 4730) is amended as follows: 

21 (1) By redesignating paragraphs (1) through 

22 (7) as subparagraphs (A) through (G), respectively. 

23 (2) By striking ‘‘In order to minimize adverse 

24 effects, if any, upon’’ and inserting ‘‘(1) IN GEN25 ERAL.—In order to minimize adverse effects upon’’. 


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1 (3) By striking ‘‘needs, the Secretary,’’ and all 

2 that follows through ‘‘submit to the Congress, a’’ 

3 and inserting ‘‘needs, the Secretary, on a priority 

4 basis and not later than September 30, 2020, shall 

5 submit to Congress a’’. 

6 (4) By striking ‘‘increase,’’ and all that follows 

7 through ‘‘options:’’ and inserting ‘‘increase, as soon 

8 as possible but not later than September 30, 2023 

9 (except for the construction of new facilities which 

10 shall not be limited by that deadline), the water of 

11 the Central Valley Project by the amount dedicated 

12 and managed for fish and wildlife purposes under 

13 this title and otherwise required to meet the pur14 poses of the Central Valley Project including satis15 fying contractual obligations. All costs incurred in 

16 the development and implementation of the plan re17 quired by this subsection shall not be reimbursable 

18 to the United States and shall include recommenda19 tions on authorizing legislation or other measures 

20 needed to implement the intent, purposes, and provi21 sions of this subsection and a description of how the 

22 Secretary intends to use the following options:’’. 

23 (5) In subparagraph (A), by inserting ‘‘, includ24 ing construction of new water storage facilities’’ be25 fore the semicolon. 


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1 (6) In subparagraph (F), by striking ‘‘and’’ at 

2 the end. 

3 (7) In subparagraph (G), by striking the period 

4 and all that follows through the end of the sub5 section and inserting ‘‘; and’’. 

6 (8) By inserting after subparagraph (G) the fol7 lowing: 

8 ‘‘(H) Water banking and recharge.’’. 

9 (9) By adding at the end the following: 

10 ‘‘(2) IMPLEMENTATION OF PLAN.—The Sec11 retary shall implement the plan required by para12 graph (1) commencing on October 1, 2020. 

13 ‘‘(3) FAILURE OF THE PLAN.—Notwithstanding 

14 any other provision of Federal Reclamation laws, if 

15 by September 30, 2023, the plan required by para16 graph (1) fails to increase the annual delivery capa17 bility of the Central Valley Project by 800,000 acre18 feet, implementation of any non-mandatory action 

19 under section 3406(b)(2) shall be suspended until 

20 the plan achieves an increase in the annual delivery 

21 capability of the Central Valley Project by 800,000 

22 acre-feet.’’. 

23 (d) TECHNICAL CORRECTION.—Section 3408(g) of 

24 the Central Valley Project Improvement Act (106 Stat. 

25 4729) is amended— 


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1 (1) in paragraph (1), by striking ‘‘paragraph 

2 (h)(2)’’ and inserting ‘‘paragraph (2)’’; and 

3 (2) in paragraph (2), by striking ‘‘paragraph 

4 (h)(i)’’ and inserting ‘‘paragraph (1)’’. 

5 SEC. 2008. AMENDMENTS TO CENTRAL VALLEY PROJECT 

6 AUTHORIZATIONS. 

7 Section 2 of the Act of August 26, 1937 (chapter 

8 832; 50 Stat. 850), as amended, is further amended as 

9 follows: 

10 (1) In the last proviso of subsection (a)— 

11 (A) by striking ‘‘second, for irrigation and 

12 domestic uses’’ and inserting ‘‘second, for irri13 gation, domestic, and municipal and industrial 

14 uses;’’; 

15 (B) by striking ‘‘and fish and wildlife miti16 gation, protection and restoration purposes;’’; 

17 (C) by striking ‘‘and, third,’’ and inserting 

18 ‘‘third,’’; 

19 (D) by striking ‘‘power and fish and wild20 life enhancement’’ and inserting ‘‘power genera21 tion;’’; 

22 (E) by inserting after ‘‘power generation;’’ 

23 ‘‘fourth, for purposes of mitigating impacts to 

24 fish and wildlife caused by the construction, op25 eration, or maintenance of the Central Valley 


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1 Project; and fifth, for purposes of protecting, 

2 enhancing, or helping to restore fish and wild3 life.’’; and 

4 (F) by adding at the end the following: 

5 ‘‘When there is insufficient Central Valley 

6 Project yield to meet all the demands for water 

7 deliveries from the Central Valley Project, the 

8 Secretary shall apply these priorities in making 

9 allocations of available water.’’. 

10 (2) In subsection (b)(1), by striking the last 

11 sentence. 

12 SEC. 2009. REGULATORY STREAMLINING. 

13 (a) APPLICABILITY OF CERTAIN LAWS.—Filing of a 

14 Notice of Determination or a Notice of Exemption for any 

15 project, including the issuance of a permit under State 

16 law, related to any project of the Central Valley Project 

17 or the delivery of water therefrom in accordance with the 

18 California Environmental Quality Act shall be deemed to 

19 meet the requirements of section 102(2)(C) of the Na20 tional Environmental Protection Act of 1969 (42 U.S.C. 

21 4332(2)(C)) for that project or permit. 

22 (b) CONTINUATION OF PROJECT.—The Bureau of 

23 Reclamation shall not be required to cease or modify any 

24 major Federal action or other activity related to any 

25 project of the Central Valley Project or the delivery of 


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1 water therefrom pending completion of judicial review of 

2 any determination made under the National Environ3 mental Protection Act of 1969 (42 U.S.C. 4332(2)(C)). 

4 (c) PROJECT DEFINED.—For the purposes of this 

5 section, the term ‘‘project’’— 

6 (1) means an activity that— 

7 (A) is undertaken by a public agency, 

8 funded by a public agency, or that requires an 

9 issuance of a permit by a public agency; 

10 (B) has a potential to result in physical 

11 change to the environment; and 

12 (C) may be subject to several discretionary 

13 approvals by governmental agencies; 

14 (2) may include construction activities, clearing 

15 or grading of land, improvements to existing struc16 tures, and activities or equipment involving the 

17 issuance of a permit; or 

18 (3) qualifies as a project under the California 

19 Environmental Quality Act as defined in section 

20 21065 of the California Public Resource Code. 

21 (d) CONGRESSIONAL DIRECTION REGARDING CEN22 TRAL VALLEY PROJECT AND CALIFORNIA STATE WATER

23 PROJECT OPERATIONS.—Notwithstanding any other pro24 vision of law, complying with the Biological Opinion for 

25 Reinitiation of Consultation on the Coordinated OperVerDate Sep 11 2014 04:19 Dec 05, 2019 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H5217.IH H5217

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1 ations of the Central Valley Project and State Water 

2 Project, released by the United States Fish and Wildlife 

3 Service and the National Marine Fisheries Service on Oc4 tober 21, 2019, combined with efforts carried out pursu5 ant to Public Law 102–575 and Public Law 114–322, 

6 fully meet all requirements of applicable Federal environ7 mental laws, including the Endangered Species Act (16 

8 U.S.C. 1531 et seq.) for the Central Valley Project and 

9 the State Water Project. 

10 Subtitle B—San Joaquin River 

11 Restoration 

12 SEC. 2101. REPEAL OF THE SAN JOAQUIN RIVER SETTLE13 MENT. 

14 As of the date of the enactment of this title, the Sec15 retary shall cease any action to implement the Stipulation 

16 of Settlement (Natural Resources Defense Council, et al. 

17 v. Kirk Rodgers, et al., Eastern District of California, No. 

18 Civ. S–88–1658 LKK/GGH). 

19 SEC. 2102. PURPOSE. 

20 Section 10002 of the San Joaquin River Restoration 

21 Settlement Act (Public Law 111–11) is amended by strik22 ing ‘‘implementation of the Settlement’’ and inserting 

23 ‘‘restoration of the San Joaquin River’’. 


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1 SEC. 2103. DEFINITIONS. 

2 Section 10003 of the San Joaquin River Restoration 

3 Settlement Act (Public Law 111–11) is amended— 

4 (1) by striking paragraph (1) and inserting the 

5 following: 

6 ‘‘(1) The term ‘Restoration Flows’ means the 

7 additional water released or bypassed from Friant 

8 Dam to insure that the target flow entering 

9 Mendota Pool, located approximately 62 river miles 

10 downstream from Friant Dam, does not fall below 

11 50 cubic feet per second.’’; 

12 (2) by striking paragraph (3) and inserting the 

13 following: 

14 ‘‘(3) The term ‘Water Year’ means March 1 

15 through the last day of February of the following 

16 Calendar Year, both dates inclusive.’’; and 

17 (3) by adding at the end the following new 

18 paragraph: 

19 ‘‘(4) The term ‘Critical Water Year’ means 

20 when the total unimpaired runoff at Friant Dam is 

21 less than 400,000 acre-feet, as forecasted as of 

22 March 1 of that water year by the California De23 partment of Water Resources.’’. 

24 SEC. 2104. IMPLEMENTATION OF RESTORATION. 

25 Section 10004 of the San Joaquin River Restoration 

26 Settlement Act (Public Law 111–11) is amended— 


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1 (1) in subsection (a)— 

2 (A) in the matter preceding paragraph (1), 

3 by striking ‘‘authorized and directed’’ and all 

4 that follows through ‘‘in the Settlement:’’ and 

5 inserting ‘‘authorized to carry out the fol6 lowing:’’; 

7 (B) by striking paragraphs (1), (2), (4), 

8 and (5); 

9 (C) in paragraph (3)— 

10 (i) by striking ‘‘(3)’’ and inserting 

11 ‘‘(1)’’; and 

12 (ii) by striking ‘‘paragraph 13 of the 

13 Settlement’’ and inserting ‘‘this part’’; and 

14 (D) by adding at the end the following new 

15 paragraphs: 

16 ‘‘(2) In each Water Year, commencing in the 

17 Water Year starting on March 1, 2021— 

18 ‘‘(A) shall modify Friant Dam operations 

19 so as to release the Restoration Flows for that 

20 Water Year, except in any Critical Water Year; 

21 ‘‘(B) shall ensure that the release of Res22 toration Flows are maintained at the level pre23 scribed by this part, but that Restoration Flows 

24 do not reach downstream of Mendota Pool; 


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1 ‘‘(C) shall release the Restoration Flows in 

2 a manner that improves the fishery in the San 

3 Joaquin River below Friant Dam, but upstream 

4 of Gravelly Ford in existence as of the date of 

5 the enactment of this part, and the associated 

6 riparian habitat; and 

7 ‘‘(D) may, without limiting the actions re8 quired under paragraphs (A) and (C) and sub9 ject to subsections 10004(a)(3) and 10004(l), 

10 use the Restoration Flows to enhance or restore 

11 a warm water fishery downstream of Gravelly 

12 Ford to and including Mendota Pool, if the Sec13 retary determines that it is reasonable, prudent, 

14 and feasible to do so. 

15 ‘‘(3) Not later than 1 year after the date of the 

16 enactment of this section, the Secretary shall develop 

17 and implement, in cooperation with the State of 

18 California, a reasonable plan, to fully recirculate, re19 capture, reuse, exchange, or transfer all Restoration 

20 Flows and provide such recirculated, recaptured, re21 used, exchanged, or transferred flows to those con22 tractors within the Friant Division, Hidden Unit, 

23 and Buchanan Unit of the Central Valley Project 

24 that relinquished the Restoration Flows so recir25 culated, recaptured, reused, exchanged, or transVerDate Sep 11 2014 04:19 Dec 05, 2019 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5217.IH H5217

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1 ferred. Such a plan shall address any impact on 

2 ground water resources within the service area of 

3 the Friant Division, Hidden Unit, and Buchanan 

4 Unit of the Central Valley Project and mitigation 

5 may include ground water banking and recharge 

6 projects. Such a plan shall not impact the water 

7 supply or water rights of any entity outside the 

8 Friant Division, Hidden Unit, and Buchanan Unit 

9 of the Central Valley Project. Such a plan shall be 

10 subject to applicable provisions of California water 

11 law and the Secretary’s use of Central Valley Project 

12 facilities to make Project water (other than water 

13 released from Friant Dam pursuant to this part) 

14 and water acquired through transfers available to 

15 existing south-of-Delta Central Valley Project con16 tractors.’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (1), by striking ‘‘the Set19 tlement’’ and inserting ‘‘this part’’; and 

20 (B) in paragraph (2), by striking ‘‘the Set21 tlement’’ and inserting ‘‘this part’’; 

22 (3) in subsection (c), by striking ‘‘the Settle23 ment’’ and inserting ‘‘this part’’; 

24 (4) by striking subsection (d) and inserting the 

25 following: 


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1 ‘‘(d) MITIGATION OF IMPACTS.—Prior to October 1, 

2 2020, the Secretary shall identify— 

3 ‘‘(1) the impacts associated with the release of 

4 Restoration Flows prescribed in this part; 

5 ‘‘(2) the measures which shall be implemented 

6 to mitigate impacts on adjacent and downstream 

7 water users, landowners and agencies as a result of 

8 Restoration Flows prescribed in this part; and 

9 ‘‘(3) prior to the implementation of decisions or 

10 agreements to construct, improve, operate, or main11 tain facilities that the Secretary determines are 

12 needed to implement this part, the Secretary shall 

13 implement all mitigations measures identified in sub14 section (d)(2) before Restoration Flows are com15 menced.’’; 

16 (5) in subsection (e), by striking ‘‘the Settle17 ment’’ and inserting ‘‘this part’’; 

18 (6) in subsection (f), by striking ‘‘the Settle19 ment’’ and all that follows through ‘‘section 10011’’ 

20 and insert ‘‘this part’’; 

21 (7) in subsection (g)— 

22 (A) by striking ‘‘the Settlement and’’ be23 fore this part; and 


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1 (B) by striking ‘‘or exchange contract’’ and 

2 inserting ‘‘exchange contract, or water rights 

3 settlement or holding contracts’’; 

4 (8) in subsection (h)— 

5 (A) by striking ‘‘INTERIM’’ in the header; 

6 (B) in paragraph (1)— 

7 (i) in the matter preceding subpara8 graph (A), by striking ‘‘Interim Flows 

9 under the Settlement’’ and inserting ‘‘Res10 toration Flows under this part’’; 

11 (ii) in subparagraph (C)— 

12 (I) in clause (i), by striking ‘‘In13 terim’’ and inserting ‘‘Restoration’’; 

14 and 

15 (II) in clause (ii), by inserting 

16 ‘‘and’’ after the semicolon; 

17 (iii) in subparagraph (D), by striking 

18 ‘‘and’’ at the end; and 

19 (iv) by striking subparagraph (E); 

20 (C) in paragraph (2)— 

21 (i) by striking ‘‘Interim’’ and insert22 ing ‘‘Restoration’’; 

23 (ii) by striking subparagraph (A); and 

24 (iii) by striking ‘‘(B) exceed’’ and in25 serting ‘‘exceed’’; 


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1 (D) in paragraph (3), by striking ‘‘In2 terim’’ and inserting ‘‘Restoration’’; and 

3 (E) by striking paragraph (4) and insert4 ing the following: 

5 ‘‘(4) CLAIMS.—Not later than 60 days after the 

6 date of the enactment of this Act the Secretary shall 

7 promulgate a rule establishing a claims process to 

8 address current and future claims including, but not 

9 limited to, ground water seepage, flooding, or levee 

10 instability damages caused as a result of, arising out 

11 of, or related to implementation of subtitle A of title 

12 X of Public Law 111–11.’’; 

13 (9) in subsection (i)— 

14 (A) in paragraph (1)— 

15 (i) in the matter preceding subpara16 graph (A), by striking ‘‘the Settlement and 

17 parts I and III’’ and inserting ‘‘this part’’; 

18 (ii) in subparagraph (A), by inserting 

19 ‘‘and’’ after the semicolon; 

20 (iii) in subparagraph (B)— 

21 (I) by striking ‘‘additional 

22 amounts authorized to be appro23 priated, including the’’; and 

24 (II) by striking ‘‘; and’’ and in25 serting a period; and 


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1 (iv) by striking subparagraph (C); and 

2 (B) by striking paragraph (3); and 

3 (10) by adding at the end the following new 

4 subsections: 

5 ‘‘(k) NO IMPACTS ON OTHER INTERESTS.—No Cen6 tral Valley Project or other water other than San Joaquin 

7 River water impounded by or bypassed from Friant Dam 

8 shall be used to implement subsection (a)(2) unless such 

9 use is on a voluntary basis. No cost associated with the 

10 implementation of this section shall be imposed directly 

11 or indirectly on any Central Valley Project contractor, or 

12 any other person or entity, outside the Friant Division, 

13 the Hidden Unit, or the Buchanan Unit, unless such costs 

14 are incurred on a voluntary basis. The implementation of 

15 this part shall not result directly or indirectly in any re16 duction in water supplies to or water reliability for any 

17 Central Valley Project contractor, any State Water 

18 Project contractor, or any other person or entity, outside 

19 the Friant Division, the Hidden Unit, or the Buchanan 

20 Unit, unless such reductions or costs are incurred on a 

21 voluntary basis. 

22 ‘‘(l) PRIORITY.—All actions taken under this part 

23 shall be subordinate to the Secretary’s use of Central Val24 ley Project facilities to make Project water available to 


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1 Project contractors, other than water released from the 

2 Friant Dam pursuant to this part. 

3 ‘‘(m) IN GENERAL.—Notwithstanding section 8 of 

4 the Reclamation Act of 1902, except as expressly provided 

5 in this part, including title II of this Act, this part pre6 empts and supersedes any State law, regulation, or re7 quirement that imposes more restrictive requirements or 

8 regulations on the activities authorized under this part. 

9 Nothing in this part shall alter or modify the obligations, 

10 if any, of the Friant Division, Hidden Unit, and Buchanan 

11 Unit of the Central Valley Project, or other water users 

12 on the San Joaquin River or its tributaries, under orders 

13 issued by the State Water Resources Control Board pursu14 ant to the Porter-Cologne Water Quality Control Act 

15 (California Water Code sections 13000 et seq.). Any such 

16 order shall be consistent with the congressional authoriza17 tion for any affected Federal facility as it pertains to the 

18 Central Valley Project. 

19 ‘‘(n) PROJECT IMPLEMENTATION.—Projects to im20 plement this title shall be phased such that each project 

21 shall follow the sequencing identified below and include at 

22 least the— 

23 ‘‘(1) project purpose and need; 

24 ‘‘(2) identification of mitigation measures; 

25 ‘‘(3) appropriate environmental review; and 


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1 ‘‘(4) prior to releasing Restoration Flows under 

2 this part, the Secretary shall— 

3 ‘‘(A) complete the implementation of miti4 gation measures required; and 

5 ‘‘(B) complete implementation of the 

6 project.’’. 

7 SEC. 2105. DISPOSAL OF PROPERTY; TITLE TO FACILITIES. 

8 Section 10005 of the San Joaquin River Restoration 

9 Settlement Act (Public Law 111–11) is amended— 

10 (1) in subsection (a), by striking ‘‘the Settle11 ment authorized by this part’’ and inserting ‘‘this 

12 part’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘(1) IN GENERAL.— 

16 The Secretary’’; and 

17 (ii) by striking ‘‘the Settlement au18 thorized by this part’’ and inserting ‘‘this 

19 part’’; and 

20 (B) by striking paragraph (2); and 

21 (3) in subsection (c)— 

22 (A) in paragraph (1), by striking ‘‘the Set23 tlement’’ and inserting ‘‘this part’’; 

24 (B) in paragraph (2)— 


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1 (i) by striking ‘‘through the exercise 

2 of its eminent domain authority’’; and 

3 (ii) by striking ‘‘the Settlement’’ and 

4 inserting ‘‘this part’’; and 

5 (C) in paragraph (3), by striking ‘‘section 

6 10009(c)’’ and inserting ‘‘section 10009’’. 

7 SEC. 2106. COMPLIANCE WITH APPLICABLE LAW. 

8 Section 10006 of the San Joaquin River Restoration 

9 Settlement Act (Public Law 111–11) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by inserting ‘‘unless 

12 otherwise provided by this part’’ before the pe13 riod at the end; and 

14 (B) in paragraph (2), by striking ‘‘the Set15 tlement’’ and inserting ‘‘this part’’; 

16 (2) in subsection (b), by inserting ‘‘, unless oth17 erwise provided by this part’’ before the period at 

18 the end; 

19 (3) in subsection (c)— 

20 (A) in paragraph (2), by striking ‘‘section 

21 10004’’ and inserting ‘‘this part’’; and 

22 (B) in paragraph (3), by striking ‘‘the Set23 tlement’’ and inserting ‘‘this part’’; and 

24 (4) in subsection (d)— 


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1 (A) by inserting ‘‘, including without limi2 tation to sections 10004(d) and 10004(h)(4) of 

3 this part,’’ after ‘‘implementing this part’’; and 

4 (B) by striking ‘‘for implementation of the 

5 Settlement’’. 

6 SEC. 2107. COMPLIANCE WITH CENTRAL VALLEY PROJECT 

7 IMPROVEMENT ACT. 

8 Section 10007 of the San Joaquin River Restoration 

9 Settlement Act (Public Law 111–11) is amended— 

10 (1) in the matter preceding paragraph (1)— 

11 (A) by striking ‘‘the Settlement’’ and in12 serting ‘‘enactment of this part’’; and 

13 (B) by inserting: ‘‘and the obligations of 

14 the Secretary and all other parties to protect 

15 and keep in good condition any fish that may 

16 be planted or exist below Friant Dam including 

17 any obligations under section 5937 of the Cali18 fornia Fish and Game Code and the public 

19 trust doctrine, and those of the Secretary and 

20 all other parties under the Endangered Species 

21 Act of 1973 (16 U.S.C. 1531 et seq.).’’ before 

22 ‘‘, provided’’; and 

23 (2) in paragraph (1), by striking ‘‘, as provided 

24 in the Settlement’’. 


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1 SEC. 2108. NO PRIVATE RIGHT OF ACTION. 

2 Section 10008(a) of the San Joaquin River Restora3 tion Settlement Act (Public Law 111–11) is amended— 

4 (1) by striking ‘‘not a party to the Settlement’’ 

5 after ‘‘person or entity’’; and 

6 (2) by striking ‘‘or the Settlement’’ before the 

7 period and inserting ‘‘unless otherwise provided by 

8 this part. Any Central Valley Project long-term 

9 water service or repayment contractor within the 

10 Friant Division, Hidden Unit, or Buchanan Unit ad11 versely affected by the Secretary’s failure to comply 

12 with section 10004(a)(3) of this part may bring an 

13 action against the Secretary for injunctive relief or 

14 damages, or both.’’. 

15 SEC. 2109. IMPLEMENTATION. 

16 Section 10009 of the San Joaquin River Restoration 

17 Settlement Act (Public Law 111–11) is amended— 

18 (1) in the header by striking ‘‘; SETTLEMENT

19 FUND’’; 

20 (2) in subsection (a)— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘the Settlement’’ the 

23 first place it appears and inserting ‘‘this 

24 part’’; 


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1 (ii) by striking ‘‘, estimated to total’’ 

2 and all that follows through ‘‘subsection 

3 (b)(1),’’; and 

4 (iii) by striking ‘‘provided however,’’ 

5 and all that follows through 

6 ‘‘$110,000,000 of State funds’’; 

7 (B) in paragraph (2)— 

8 (i) in subparagraph (A), by striking 

9 ‘‘(A) IN GENERAL.—The Secretary’’ and 

10 inserting ‘‘The Secretary’’; and 

11 (ii) by striking subparagraph (B); and 

12 (C) in paragraph (3)— 

13 (i) by striking ‘‘Except as provided in 

14 the Settlement, to’’ and inserting ‘‘To’’; 

15 and 

16 (ii) by striking ‘‘this Settlement’’ and 

17 inserting ‘‘this part’’; 

18 (3) in subsection (b)(1)— 

19 (A) by striking ‘‘In addition’’ through 

20 ‘‘however, that the’’ and inserting ‘‘The’’; 

21 (B) by striking ‘‘such additional appropria22 tions only in amounts equal to’’; and 

23 (C) by striking ‘‘or the Settlement’’ before 

24 the period; 

25 (4) in subsection (c)— 


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1 (A) in paragraph (1)— 

2 (i) in the matter preceding subpara3 graph (A), by striking ‘‘the Settlement’’ 

4 and inserting ‘‘this part’’; 

5 (ii) in subparagraph (C), by striking 

6 ‘‘from the sale of water pursuant to the 

7 Settlement, or’’; and 

8 (iii) in subparagraph (D), by striking 

9 ‘‘the Settlement’’ and inserting ‘‘this 

10 part’’; 

11 (B) in paragraph (2), by striking ‘‘the Set12 tlement and’’ before ‘‘this part’’; and 

13 (5) by striking subsections (d) through (f). 

14 SEC. 2110. REPAYMENT CONTRACTS AND ACCELERATION 

15 OF REPAYMENT OF CONSTRUCTION COSTS. 

16 Section 10010 of the San Joaquin River Restoration 

17 Settlement Act (Public Law 111–11) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (3)(D), by striking ‘‘the 

20 Settlement and’’ before ‘‘this part’’; and 

21 (B) in paragraph (4)(C), by striking ‘‘the 

22 Settlement and’’ before ‘‘this part’’; 

23 (2) in subsection (c), by striking paragraph (3); 


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1 (3) in subsection (d)(1), by striking ‘‘the Settle2 ment’’ in both places it appears and inserting ‘‘this 

3 part’’; 

4 (4) in subsection (e)— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘Interim Flows or Res7 toration Flows, pursuant to paragraphs 13 

8 or 15 of the Settlement’’ and inserting 

9 ‘‘Restoration Flows, pursuant to this 

10 part’’; 

11 (ii) by striking ‘‘Interim Flows or’’ be12 fore ‘‘Restoration Flows’’; and 

13 (iii) by striking ‘‘the Interim Flows or 

14 Restoration Flows or is intended to other15 wise facilitate the Water Management 

16 Goal, as described in the Settlement’’ and 

17 inserting ‘‘Restoration Flows’’; and 

18 (B) in paragraph (2)— 

19 (i) by striking ‘‘except as provided in 

20 paragraph 16(b) of the Settlement’’ after 

21 ‘‘Friant Division long-term contractor’’; 

22 and 

23 (ii) by striking ‘‘the Interim Flows or 

24 Restoration Flows or to facilitate the 


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1 Water Management Goal’’ and inserting 

2 ‘‘Restoration Flows’’. 

3 SEC. 2111. REPEAL. 

4 Section 10011 of the San Joaquin River Restoration 

5 Settlement Act (Public Law 111–11) is repealed. 

6 SEC. 2112. WATER SUPPLY MITIGATION. 

7 Section 10202(b) of the San Joaquin River Restora8 tion Settlement Act (Public Law 111–11) is amended— 

9 (1) in paragraph (1), by striking ‘‘the Interim 

10 or Restoration Flows authorized in part I of this 

11 subtitle’’ and inserting ‘‘Restoration Flows author12 ized in this part’’; 

13 (2) in paragraph (2), by striking ‘‘the Interim 

14 or Restoration Flows authorized in part I of this 

15 subtitle’’ and inserting ‘‘Restoration Flows author16 ized in this part’’; and 

17 (3) in paragraph (3)— 

18 (A) in subparagraph (A), by striking 

19 ‘‘meet the Restoration Goal as described in part 

20 I of this subtitle’’ and inserting ‘‘recover Res21 toration Flows as described in this part’’; and 

22 (B) in subparagraph (C)— 

23 (i) by striking ‘‘the Interim or Res24 toration Flows authorized in part I of this 


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1 subtitle’’ and inserting ‘‘Restoration Flows 

2 authorized in this part’’; and 

3 (ii) by striking ‘‘, and for ensuring ap4 propriate adjustment in the recovered 

5 water account pursuant to section 

6 10004(a)(5)’’. 

7 SEC. 2113. ADDITIONAL AUTHORITIES. 

8 Section 10203 of the San Joaquin River Restoration 

9 Settlement Act (Public Law 111–11) is amended— 

10 (1) in subsection (b)— 

11 (A) by striking ‘‘section 10004(a)(4)’’ and 

12 inserting ‘‘section 10004(a)(3)’’; and 

13 (B) by striking ‘‘, provided’’ and all that 

14 follows through ‘‘section 10009(f)(2)’’; and 

15 (2) by striking subsection (c). 

16 SEC. 2114. PROTECTIONS. 

17 Section 4005 of Public Law 114–322, as amended 

18 by this Act, shall apply to this title.’’ 


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1 TITLE III—REPURPOSING AS2 SETS TO INCREASE LONG3 TERM WATER AVAILABILITY 

4 AND YIELD ACT 

5 SEC. 3001. TREATMENT OF CERTAIN FUNDS DEDICATED 

6 FOR HIGH-SPEED RAIL DEVELOPMENT IN 

7 THE STATE OF CALIFORNIA. 

8 (a) TREATMENT OF FUNDS.—Notwithstanding any 

9 other law, the covered funds described in subsection (b) 

10 shall be immediately deposited as follows: 

11 (1) Ninety percent of funds in the Reclamation 

12 Water Storage Account which shall be made avail13 able to the Secretary of the Interior for water stor14 age projects authorized pursuant to section 4007 of 

15 the Water Infrastructure Improvements for the Na16 tion Act (Public Law 114–322) (43 U.S.C. 390b 

17 note). 

18 (2) Five percent of funds in the Rural Water 

19 and Waste Disposal Program Account which shall be 

20 made available to the Secretary of Agriculture for 

21 grants under section 306F of the Consolidated Farm 

22 and Rural Development Act. 

23 (3) Five percent of funds in the Rural Water 

24 and Waste Disposal Program Account which shall be 

25 made available to the Secretary of Agriculture for 


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1 grants under section 306G of the Consolidated Farm 

2 and Rural Development Act. 

3 (b) COVERED FUNDS.—The covered funds are the 

4 following: 

5 (1) The Federal funds received by the Depart6 ment of Transportation as a result of the Depart7 ment of Transportation’s termination and de-obliga8 tion of Cooperative Agreement No. FR–HSR–0118– 

9 12–01–01 between the Federal Railroad Administra10 tion and the California High-Speed Rail Authority, 

11 notwithstanding the Omnibus Appropriations Act, 

12 2010 (Public Law 111–117). 

13 (2) The Federal funds that are recovered by the 

14 Department of Transportation relating to Coopera15 tive Agreement No. FR–HSR–0009–10–01–06 be16 tween the Federal Railroad Administration and the 

17 California High-Speed Rail Authority, notwith18 standing the American Recovery and Reinvestment 

19 Act of 2009 (Public Law 111–5). 

20 (3) Any funds determined to be offsets by the 

21 Federal Railroad Administration or the Department 

22 of Transportation, consistent with Cooperative 

23 Agreement No. FRA–HSR–0009–10–01–06. 

24 (c) COST SHARE FOR WATER STORAGE PROJECTS.— 

25 Funds made available pursuant this Act shall not count 


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1 toward the cost-share provisions of section 4007 of the 

2 Water Infrastructure Improvements for the Nation Act. 

3 SEC. 3002. NITRATE CONTAMINATION REDUCTION GRANTS. 

4 (a) IN GENERAL.—Subtitle A of the Consolidated 

5 Farm and Rural Development Act (7 U.S.C. 1922–1936c) 

6 is amended by inserting after section 306E the following: 

7 ‘‘SEC. 306F. NITRATE CONTAMINATION REDUCTION 

8 GRANTS. 

9 ‘‘(a) IN GENERAL.—The Secretary shall provide 

10 grants in accordance with this section to public or private 

11 nonprofit entities for projects designed to reduce the level 

12 of nitrates in, or remove nitrates from, drinking water in 

13 a rural community where the level of nitrates in drinking 

14 water exceeds applicable Federal or State standards. 

15 ‘‘(b) USE OF FUNDS.—Grants made under this sec16 tion may be used— 

17 ‘‘(1) for waterline extensions from existing sys18 tems, laying of new waterlines, repairs or mainte19 nance to an existing system, digging of new wells or 

20 development of other sources of water designed to 

21 replace sources of drinking water with high levels of 

22 nitrates, equipment replacement, and hook-up fees; 

23 and 

24 ‘‘(2) in the case of a project designed to benefit 

25 a rural community outside the jurisdiction of the 


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1 grantee, to maintain existing water supplies of the 

2 grantee that will be reduced as a result of the 

3 project. 

4 ‘‘(c) RURAL COMMUNITY.—In this section, the term 

5 ‘rural community’ does not include— 

6 ‘‘(1) any area in any city or town with a popu7 lation in excess of 10,000 inhabitants according to 

8 the most recent decennial census of the United 

9 States; or 

10 ‘‘(2) any area with a median household income 

11 in excess of the State nonmetropolitan median 

12 household income. 

13 ‘‘(d) FULL FUNDING.—Grants under this section 

14 shall be made in an amount equal to 100 percent of the 

15 costs of the projects conducted under this section. 

16 ‘‘(e) APPLICATION.—Subsection (h) of section 306A 

17 shall apply with respect to the administration of applica18 tions for grants under this section.’’. 

19 (b) REPEAL.—Effective 5 years after the date of the 

20 enactment of this Act, section 306F of the Consolidated 

21 Farm and Rural Development Act, as added by the 

22 amendment made by subsection (a), is repealed. 

23 SEC. 3003. NEW WELL CONSTRUCTION GRANTS. 

24 (a) IN GENERAL.—Subtitle A of the Consolidated 

25 Farm and Rural Development Act (7 U.S.C. 1922–1936c) 


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1 is further amended by inserting after section 306F the 

2 following: 

3 ‘‘SEC. 306G. NEW WELL CONSTRUCTION GRANTS. 

4 ‘‘(a) IN GENERAL.—The Secretary shall provide 

5 grants in accordance with this section to public or private 

6 nonprofit entities for projects designed to supply drinking 

7 water to rural communities in which a significant number 

8 of dwellings with private drinking water wells have wells 

9 that are not producing water. 

10 ‘‘(b) USE OF FUNDS.—Grants made under this sec11 tion may be used— 

12 ‘‘(1) for waterline extensions from existing sys13 tems, laying of new waterlines, repairs or mainte14 nance to an existing system, digging of new wells or 

15 development of other sources of water designed to 

16 replace sources of drinking water with high levels of 

17 nitrates, equipment replacement, and hook-up fees; 

18 and 

19 ‘‘(2) in the case of a project designed to benefit 

20 a rural community outside the jurisdiction of the 

21 grantee, to maintain existing water supplies of the 

22 grantee that will be reduced as a result of the 

23 project. 

24 ‘‘(c) RURAL COMMUNITY.—In this section, the term 

25 ‘rural community’ does not include— 


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1 ‘‘(1) any area in any city or town with a popu2 lation in excess of 10,000 inhabitants according to 

3 the most recent decennial census of the United 

4 States; or 

5 ‘‘(2) any area with a median household income 

6 in excess of the State nonmetropolitan median 

7 household income. 

8 ‘‘(d) FULL FUNDING.—Grants under this section 

9 shall be made in an amount equal to 100 percent of the 

10 costs of the projects conducted under this section. 

11 ‘‘(e) APPLICATION.—Subsection (h) of section 306A 

12 shall apply with respect to the administration of applica13 tions for grants under this section.’’. 

14 (b) REPEAL.—Effective 5 years after the date of the 

15 enactment of this Act, section 306G of the Consolidated 

16 Farm and Rural Development Act, as added by the 

17 amendment made by subsection (a), is repealed. 

18 TITLE IV—HETCH HETCHY DAM 

19 SEC. 4001. HETCH HETCHY RENTAL FEE UPDATE. 

20 Section 7 of the Act of December 13, 1913 (38 Stat. 

21 242), is amended— 

22 (1) by striking ‘‘pay the sum of $30,000’’ and 

23 all that follows in the first sentence and inserting 

24 ‘‘pay an amount determined annually by the Sec25 retary in accordance with the formula used by the 


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1 Federal Energy Regulatory Commission for applica2 tion to licenses of hydroelectric projects under the 

3 Federal Power Act (16 U.S.C. 791 et seq.), provided 

4 that, in no event shall such amount be less than 

5 $597,000.00. Said amount to be paid on the first 

6 day of July of each year.’’; and 

7 (2) by amending the second and third sentences 

8 to read as follows: ‘‘These funds shall be placed in 

9 a separate fund by the United States and, notwith10 standing any other provision of law, shall not be 

11 available for obligation or expenditure until appro12 priated by Congress. The highest priority use of the 

13 funds shall be for annual operation of Yosemite Na14 tional Park, with the remainder of any funds to be 

15 used to fund operations of other national parks in 

16 the State of California.’’. 

17 TITLE V—BUREAU OF RECLAMA18 TION AND BUREAU OF INDIAN 

19 AFFAIRS WATER PROJECT 

20 STREAMLINING ACT 

21 SEC. 5001. DEFINITIONS. 

22 In this title: 

23 (1) ENVIRONMENTAL IMPACT STATEMENT.— 

24 The term ‘‘environmental impact statement’’ means 

25 the detailed statement of environmental impacts of 


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1 a project required to be prepared pursuant to the 

2 National Environmental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.). 

4 (2) ENVIRONMENTAL REVIEW PROCESS.— 

5 (A) IN GENERAL.—The term ‘‘environ6 mental review process’’ means the process of 

7 preparing an environmental impact statement, 

8 environmental assessment, categorical exclusion, 

9 or other document under the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et 

11 seq.) for a project study. 

12 (B) INCLUSIONS.—The term ‘‘environ13 mental review process’’ includes the process for 

14 and completion of any environmental permit, 

15 approval, review, or study required for a project 

16 study under any Federal law other than the 

17 National Environmental Policy Act of 1969 (42 

18 U.S.C. 4321 et seq.). 

19 (3) FEDERAL JURISDICTIONAL AGENCY.—The 

20 term ‘‘Federal jurisdictional agency’’ means a Fed21 eral agency with jurisdiction delegated by law, regu22 lation, order, or otherwise over a review, analysis, 

23 opinion, statement, permit, license, or other approval 

24 or decision required for a project study under appli25 cable Federal laws (including regulations). 


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1 (4) FEDERAL LEAD AGENCY.—The term ‘‘Fed2 eral lead agency’’ means the Bureau of Reclamation 

3 or Bureau of Indian Affairs. 

4 (5) PROJECT.—The term ‘‘project’’ means— 

5 (A) a surface water project, a project 

6 under the purview of title XVI of Public Law 

7 102–575, a rural water supply project inves8 tigated under Public Law 109–451, or a Fed9 eral portion of an integrated water resource 

10 management plan that has been subject to a re11 view under the National Environmental Policy 

12 Act of 1969 (42 U.S.C. 4321 et seq.) and is to 

13 be carried out, funded or operated in whole or 

14 in party by the Secretary pursuant to the Act 

15 of June 17, 1902 (32 Stat. 388, chapter 1093), 

16 and Acts supplemental to and amendatory of 

17 that Act (43 U.S.C. 371 et seq.); or 

18 (B) Indian irrigation projects in the west19 ern United States that, on the date of the en20 actment of this Act, are owned by the Federal 

21 Government, as listed in the Federal inventory 

22 required by Executive Order 13327 (40 U.S.C. 

23 121 note; relating to Federal real property 

24 asset management). 


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1 (6) PROJECT SPONSOR.—The term ‘‘project 

2 sponsor’’ means a State, regional, Tribal, or local 

3 authority or instrumentality or other qualifying enti4 ty, such as a water conservation district, irrigation 

5 district, water conservancy district, joint powers au6 thority, mutual water company, canal company, 

7 rural water district or association, or any other enti8 ty that has the capacity to contract with the United 

9 States under Federal reclamation law. 

10 (7) PROJECT STUDY.—The term ‘‘project 

11 study’’ means a feasibility study for a project carried 

12 out pursuant to the Act of June 17, 1902 (32 Stat. 

13 388, chapter 1093), and Acts supplemental to and 

14 amendatory of that Act (43 U.S.C. 371 et seq.). 

15 (8) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 

17 (9) SURFACE WATER STORAGE.—The term 

18 ‘‘surface water storage’’ means any surface water 

19 reservoir or impoundment that would be owned, 

20 funded or operated in whole or in part by the Bu21 reau of Reclamation or the Bureau of Indian Affairs 

22 or that would be integrated into a larger system 

23 owned, operated or administered in whole or in part 

24 by the Bureau of Reclamation or the Bureau of In25 dian Affairs. 


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1 SEC. 5002. ACCELERATION OF STUDIES. 

2 (a) IN GENERAL.—To the extent practicable, a 

3 project study initiated by the Secretary, after the date of 

4 the enactment of this Act, shall— 

5 (1) result in the completion of a final feasibility 

6 report not later than 3 years after the date of initi7 ation; 

8 (2) have a maximum Federal cost of 

9 $3,000,000; and 

10 (3) ensure that personnel from the local project 

11 area, region, and headquarters levels of the Bureau 

12 of Reclamation or the Bureau of Indian Affairs con13 currently conduct the review required under that 

14 section. 

15 (b) EXTENSION.—If the Secretary determines that a 

16 project study described in subsection (a) will not be con17 ducted in accordance with subsection (a), the Secretary, 

18 not later than 30 days after the date of making the deter19 mination, shall— 

20 (1) prepare an updated project study schedule 

21 and cost estimate; 

22 (2) notify the non-Federal project cost-sharing 

23 partner that the project study has been delayed; and 

24 (3) provide written notice to the Committee on 

25 Natural Resources of the House of Representatives 

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1 sources of the Senate as to the reasons the require2 ments of subsection (a) are not attainable. 

3 (c) EXCEPTION.— 

4 (1) IN GENERAL.—Notwithstanding the re5 quirements of subsection (a), the Secretary may ex6 tend the timeline of a project study by a period not 

7 to exceed 3 years, if the Secretary determines that 

8 the project study is too complex to comply with the 

9 requirements of subsection (a). 

10 (2) FACTORS.—In making a determination that 

11 a study is too complex to comply with the require12 ments of subsection (a), the Secretary shall con13 sider— 

14 (A) the type, size, location, scope, and 

15 overall cost of the project; 

16 (B) whether the project will use any inno17 vative design or construction techniques; 

18 (C) whether the project will require signifi19 cant action by other Federal, State, or local 

20 agencies; 

21 (D) whether there is significant public dis22 pute as to the nature or effects of the project; 

23 and 


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1 (E) whether there is significant public dis2 pute as to the economic or environmental costs 

3 or benefits of the project. 

4 (3) NOTIFICATION.—Each time the Secretary 

5 makes a determination under this subsection, the 

6 Secretary shall provide written notice to the Com7 mittee on Natural Resources of the House of Rep8 resentatives and the Committees on Energy and 

9 Natural Resources and Indian Affairs of the Senate 

10 as to the results of that determination, including an 

11 identification of the specific one or more factors 

12 used in making the determination that the project is 

13 complex. 

14 (4) LIMITATION.—The Secretary shall not ex15 tend the timeline for a project study for a period of 

16 more than 7 years, and any project study that is not 

17 completed before that date shall no longer be au18 thorized. 

19 (d) REVIEWS.—Not later than 90 days after the date 

20 of the initiation of a project study described in subsection 

21 (a), the Secretary shall— 

22 (1) take all steps necessary to initiate the proc23 ess for completing federally mandated reviews that 

24 the Secretary is required to complete as part of the 


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1 study, including the environmental review process 

2 under section 5; 

3 (2) convene a meeting of all Federal, Tribal, 

4 and State agencies identified under section 5(d) that 

5 may— 

6 (A) have jurisdiction over the project; 

7 (B) be required by law to conduct or issue 

8 a review, analysis, opinion, or statement for the 

9 project study; or 

10 (C) be required to make a determination 

11 on issuing a permit, license, or other approval 

12 or decision for the project study; and 

13 (3) take all steps necessary to provide informa14 tion that will enable required reviews and analyses 

15 related to the project to be conducted by other agen16 cies in a thorough and timely manner. 

17 (e) INTERIM REPORT.—Not later than 18 months 

18 after the date of the enactment of this Act, the Secretary 

19 shall submit to the Committee on Natural Resources of 

20 the House of Representatives and the Committees on En21 ergy and Natural Resources and Indian Affairs of the Sen22 ate and make publicly available a report that describes— 

23 (1) the status of the implementation of the 

24 planning process under this section, including the 

25 number of participating projects; 


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1 (2) a review of project delivery schedules, in2 cluding a description of any delays on those studies 

3 initiated prior to the date of the enactment of this 

4 Act; and 

5 (3) any recommendations for additional author6 ity necessary to support efforts to expedite the 

7 project. 

8 (f) FINAL REPORT.—Not later than 4 years after the 

9 date of the enactment of this Act, the Secretary shall sub10 mit to the Committee on Natural Resources of the House 

11 of Representatives and the Committees on Energy and 

12 Natural Resources and Indian Affairs of the Senate and 

13 make publicly available a report that describes— 

14 (1) the status of the implementation of this sec15 tion, including a description of each project study 

16 subject to the requirements of this section; 

17 (2) the amount of time taken to complete each 

18 project study; and 

19 (3) any recommendations for additional author20 ity necessary to support efforts to expedite the 

21 project study process, including an analysis of 

22 whether the limitation established by subsection 

23 (a)(2) needs to be adjusted to address the impacts 

24 of inflation. 


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1 SEC. 5003. EXPEDITED COMPLETION OF REPORTS. 

2 The Secretary shall— 

3 (1) expedite the completion of any ongoing 

4 project study initiated before the date of the enact5 ment of this Act; and 

6 (2) if the Secretary determines that the project 

7 is justified in a completed report, proceed directly to 

8 preconstruction planning, engineering, and design of 

9 the project in accordance with the Reclamation Act 

10 of 1902 (32 Stat. 388), and all Acts amendatory 

11 thereof or supplementary thereto. 

12 SEC. 5004. PROJECT ACCELERATION. 

13 (a) APPLICABILITY.— 

14 (1) IN GENERAL.—This section shall apply to— 

15 (A) each project study that is initiated 

16 after the date of the enactment of this Act and 

17 for which an environmental impact statement is 

18 prepared under the National Environmental 

19 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

20 (B) the extent determined appropriate by 

21 the Secretary, to other project studies initiated 

22 before the date of the enactment of this Act 

23 and for which an environmental review process 

24 document is prepared under the National Envi25 ronmental Policy Act of 1969 (42 U.S.C. 4321 

26 et seq.); and 


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1 (C) any project study for the development 

2 of a non-federally owned and operated surface 

3 water storage project for which the Secretary 

4 determines there is a demonstrable Federal in5 terest and the project— 

6 (i) is located in a river basin where 

7 other Bureau of Reclamation or the Bu8 reau of Indian Affairs water projects are 

9 located; 

10 (ii) will create additional water sup11 plies that support Bureau of Reclamation 

12 or the Bureau of Indian Affairs water 

13 projects; or 

14 (iii) will become integrated into the 

15 operation of Bureau of Reclamation or the 

16 Bureau of Indian Affairs water projects. 

17 (2) FLEXIBILITY.—Any authority granted 

18 under this section may be exercised, and any re19 quirement established under this section may be sat20 isfied, for the conduct of an environmental review 

21 process for a project study, a class of project stud22 ies, or a program of project studies. 

23 (3) LIST OF PROJECT STUDIES.— 

24 (A) IN GENERAL.—The Secretary shall an25 nually prepare, and make publicly available, a 


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1 list of all project studies that the Secretary has 

2 determined— 

3 (i) meet the standards described in 

4 paragraph (1); and 

5 (ii) do not have adequate funding to 

6 make substantial progress toward the com7 pletion of the project study. 

8 (B) INCLUSIONS.—The Secretary shall in9 clude for each project study on the list under 

10 subparagraph (A) a description of the estimated 

11 amounts necessary to make substantial progress 

12 on the project study. 

13 (b) PROJECT REVIEW PROCESS.— 

14 (1) IN GENERAL.—The Secretary shall develop 

15 and implement a coordinated environmental review 

16 process for the development of project studies. 

17 (2) COORDINATED REVIEW.—The coordinated 

18 environmental review process described in paragraph 

19 (1) shall require that any review, analysis, opinion, 

20 statement, permit, license, or other approval or deci21 sion issued or made by a Federal, State, or local 

22 governmental agency or an Indian Tribe for a 

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1 rently with any other applicable governmental agen2 cy or Indian Tribe. 

3 (3) TIMING.—The coordinated environmental 

4 review process under this subsection shall be com5 pleted not later than the date on which the Sec6 retary, in consultation and concurrence with the 

7 agencies identified under section 5(d), establishes 

8 with respect to the project study. 

9 (c) LEAD AGENCIES.— 

10 (1) JOINT LEAD AGENCIES.— 

11 (A) IN GENERAL.—Subject to the require12 ments of the National Environmental Policy 

13 Act of 1969 (42 U.S.C. 4321 et seq.) and the 

14 requirements of section 1506.8 of title 40, Code 

15 of Federal Regulations (or successor regula16 tions), including the concurrence of the pro17 posed joint lead agency, a project sponsor may 

18 serve as the joint lead agency. 

19 (B) PROJECT SPONSOR AS JOINT LEAD

20 AGENCY.—A project sponsor that is a State or 

21 local governmental entity may— 

22 (i) with the concurrence of the Sec23 retary, serve as a joint lead agency with 

24 the Federal lead agency for purposes of 

25 preparing any environmental document 


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1 under the National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4321 et seq.); and 

3 (ii) prepare any environmental review 

4 process document under the National En5 vironmental Policy Act of 1969 (42 U.S.C. 

6 4321 et seq.) required in support of any 

7 action or approval by the Secretary if— 

8 (I) the Secretary provides guid9 ance in the preparation process and 

10 independently evaluates that docu11 ment; 

12 (II) the project sponsor complies 

13 with all requirements applicable to the 

14 Secretary under— 

15 (aa) the National Environ16 mental Policy Act of 1969 (42 

17 U.S.C. 4321 et seq.); 

18 (bb) any regulation imple19 menting that Act; and 

20 (cc) any other applicable 

21 Federal law; and 

22 (III) the Secretary approves and 

23 adopts the document before the Sec24 retary takes any subsequent action or 

25 makes any approval based on that 


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1 document, regardless of whether the 

2 action or approval of the Secretary re3 sults in Federal funding. 

4 (2) DUTIES.—The Secretary shall ensure 

5 that— 

6 (A) the project sponsor complies with all 

7 design and mitigation commitments made joint8 ly by the Secretary and the project sponsor in 

9 any environmental document prepared by the 

10 project sponsor in accordance with this sub11 section; and 

12 (B) any environmental document prepared 

13 by the project sponsor is appropriately supple14 mented to address any changes to the project 

15 the Secretary determines are necessary. 

16 (3) ADOPTION AND USE OF DOCUMENTS.—Any 

17 environmental document prepared in accordance 

18 with this subsection shall be adopted and used by 

19 any Federal agency making any determination re20 lated to the project study to the same extent that 

21 the Federal agency could adopt or use a document 

22 prepared by another Federal agency under— 

23 (A) the National Environmental Policy Act 

24 of 1969 (42 U.S.C. 4321 et seq.); and 


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1 (B) parts 1500 through 1508 of title 40, 

2 Code of Federal Regulations (or successor regu3 lations). 

4 (4) ROLES AND RESPONSIBILITY OF LEAD

5 AGENCY.—With respect to the environmental review 

6 process for any project study, the Federal lead agen7 cy shall have authority and responsibility— 

8 (A) to take such actions as are necessary 

9 and proper and within the authority of the Fed10 eral lead agency to facilitate the expeditious 

11 resolution of the environmental review process 

12 for the project study; and 

13 (B) to prepare or ensure that any required 

14 environmental impact statement or other envi15 ronmental review document for a project study 

16 required to be completed under the National 

17 Environmental Policy Act of 1969 (42 U.S.C. 

18 4321 et seq.) is completed in accordance with 

19 this section and applicable Federal law. 

20 (d) PARTICIPATING AND COOPERATING AGENCIES.— 

21 (1) IDENTIFICATION OF JURISDICTIONAL AGEN22 CIES.—With respect to carrying out the environ23 mental review process for a project study, the Sec24 retary shall identify, as early as practicable in the 

25 environmental review process, all Federal, State, and 


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1 local government agencies and Indian Tribes that 

2 may— 

3 (A) have jurisdiction over the project; 

4 (B) be required by law to conduct or issue 

5 a review, analysis, opinion, or statement for the 

6 project study; or 

7 (C) be required to make a determination 

8 on issuing a permit, license, or other approval 

9 or decision for the project study. 

10 (2) STATE AUTHORITY.—If the environmental 

11 review process is being implemented by the Sec12 retary for a project study within the boundaries of 

13 a State, the State, consistent with State law, may 

14 choose to participate in the process and to make 

15 subject to the process all State agencies that— 

16 (A) have jurisdiction over the project; 

17 (B) are required to conduct or issue a re18 view, analysis, opinion, or statement for the 

19 project study; or 

20 (C) are required to make a determination 

21 on issuing a permit, license, or other approval 

22 or decision for the project study. 

23 (3) INVITATION.— 

24 (A) IN GENERAL.—The Federal lead agen25 cy shall invite, as early as practicable in the enVerDate Sep 11 2014 04:19 Dec 05, 2019 Jkt 099200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H5217.IH H5217

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1 vironmental review process, any agency identi2 fied under paragraph (1) to become a partici3 pating or cooperating agency, as applicable, in 

4 the environmental review process for the project 

5 study. 

6 (B) DEADLINE.—An invitation to partici7 pate issued under subparagraph (A) shall set a 

8 deadline by which a response to the invitation 

9 shall be submitted, which may be extended by 

10 the Federal lead agency for good cause. 

11 (4) PROCEDURES.—Section 1501.6 of title 40, 

12 Code of Federal Regulations (as in effect on the 

13 date of the enactment of this Act), shall govern the 

14 identification and the participation of a cooperating 

15 agency. 

16 (5) FEDERAL COOPERATING AGENCIES.—Any 

17 Federal agency that is invited by the Federal lead 

18 agency to participate in the environmental review 

19 process for a project study shall be designated as a 

20 cooperating agency by the Federal lead agency un21 less the invited agency informs the Federal lead 

22 agency, in writing, by the deadline specified in the 

23 invitation that the invited agency— 

24 (A)(i) has no jurisdiction or authority with 

25 respect to the project; 


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1 (ii) has no expertise or information rel2 evant to the project; or 

3 (iii) does not have adequate funds to par4 ticipate in the project; and 

5 (B) does not intend to submit comments 

6 on the project. 

7 (6) ADMINISTRATION.—A participating or co8 operating agency shall comply with this section and 

9 any schedule established under this section. 

10 (7) EFFECT OF DESIGNATION.—Designation as 

11 a participating or cooperating agency under this 

12 subsection shall not imply that the participating or 

13 cooperating agency— 

14 (A) supports a proposed project; or 

15 (B) has any jurisdiction over, or special ex16 pertise with respect to evaluation of, the 

17 project. 

18 (8) CONCURRENT REVIEWS.—Each partici19 pating or cooperating agency shall— 

20 (A) carry out the obligations of that agen21 cy under other applicable law concurrently and 

22 in conjunction with the required environmental 

23 review process, unless doing so would prevent 

24 the participating or cooperating agency from 


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1 conducting needed analysis or otherwise car2 rying out those obligations; and 

3 (B) formulate and implement administra4 tive, policy, and procedural mechanisms to en5 able the agency to ensure completion of the en6 vironmental review process in a timely, coordi7 nated, and environmentally responsible manner. 

8 (e) NON-FEDERAL PROJECTS INTERGRATED INTO

9 RECLAMATION SYSTEMS.—The Federal lead agency shall 

10 serve in that capacity for the entirety of all non-Federal 

11 projects that will be integrated into a larger system owned, 

12 operated or administered in whole or in part by the Bu13 reau of Reclamation or the Bureau of Indian Affairs. 

14 (f) NON-FEDERAL PROJECT.—If the Secretary deter15 mines that a project can be expedited by a non-Federal 

16 sponsor and that there is a demonstrable Federal interest 

17 in expediting that project, the Secretary shall take such 

18 actions as are necessary to advance such a project as a 

19 non-Federal project, including, but not limited to, entering 

20 into agreements with the non-Federal sponsor of such 

21 project to support the planning, design and permitting of 

22 such project as a non-Federal project. 

23 (g) PROGRAMMATIC COMPLIANCE.— 

24 (1) IN GENERAL.—The Secretary shall issue 

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1 proaches to carry out the environmental review proc2 ess that— 

3 (A) eliminates repetitive discussions of the 

4 same issues; 

5 (B) focuses on the actual issues ripe for 

6 analyses at each level of review; 

7 (C) establishes a formal process for coordi8 nating with participating and cooperating agen9 cies, including the creation of a list of all data 

10 that are needed to carry out an environmental 

11 review process; and 

12 (D) complies with— 

13 (i) the National Environmental Policy 

14 Act of 1969 (42 U.S.C. 4321 et seq.); and 

15 (ii) all other applicable laws. 

16 (2) REQUIREMENTS.—In carrying out para17 graph (1), the Secretary shall— 

18 (A) as the first step in drafting guidance 

19 under that paragraph, consult with relevant 

20 Federal, State, and local governmental agen21 cies, Indian Tribes, and the public on the ap22 propriate use and scope of the programmatic 

23 approaches; 

24 (B) emphasize the importance of collabora25 tion among relevant Federal, State, and local 


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1 governmental agencies, and Indian Tribes in 

2 undertaking programmatic reviews, especially 

3 with respect to including reviews with a broad 

4 geographical scope; 

5 (C) ensure that the programmatic re6 views— 

7 (i) promote transparency, including of 

8 the analyses and data used in the environ9 mental review process, the treatment of 

10 any deferred issues raised by Federal, 

11 State, and local governmental agencies, In12 dian Tribes, or the public, and the tem13 poral and special scales to be used to ana14 lyze those issues; 

15 (ii) use accurate and timely informa16 tion in the environmental review process, 

17 including— 

18 (I) criteria for determining the 

19 general duration of the usefulness of 

20 the review; and 

21 (II) the timeline for updating any 

22 out-of-date review; 

23 (iii) describe— 


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1 (I) the relationship between pro2 grammatic analysis and future tiered 

3 analysis; and 

4 (II) the role of the public in the 

5 creation of future tiered analysis; and 

6 (iv) are available to other relevant 

7 Federal, State, and local governmental 

8 agencies, Indian Tribes, and the public; 

9 (D) allow not fewer than 60 days of public 

10 notice and comment on any proposed guidance; 

11 and 

12 (E) address any comments received under 

13 subparagraph (D). 

14 (h) COORDINATED REVIEWS.— 

15 (1) COORDINATION PLAN.— 

16 (A) ESTABLISHMENT.—The Federal lead 

17 agency shall, after consultation with and with 

18 the concurrence of each participating and co19 operating agency and the project sponsor or 

20 joint lead agency, as applicable, establish a plan 

21 for coordinating public and agency participation 

22 in, and comment on, the environmental review 

23 process for a project study or a category of 

24 project studies. 

25 (B) SCHEDULE.— 


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1 (i) IN GENERAL.—As soon as prac2 ticable but not later than 45 days after the 

3 close of the public comment period on a 

4 draft environmental impact statement, the 

5 Federal lead agency, after consultation 

6 with and the concurrence of each partici7 pating and cooperating agency and the 

8 project sponsor or joint lead agency, as ap9 plicable, shall establish, as part of the co10 ordination plan established in subpara11 graph (A), a schedule for completion of the 

12 environmental review process for the 

13 project study. 

14 (ii) FACTORS FOR CONSIDERATION.— 

15 In establishing a schedule, the Secretary 

16 shall consider factors such as— 

17 (I) the responsibilities of partici18 pating and cooperating agencies under 

19 applicable laws; 

20 (II) the resources available to the 

21 project sponsor, joint lead agency, and 

22 other relevant Federal and State 

23 agencies, as applicable; 

24 (III) the overall size and com25 plexity of the project; 


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1 (IV) the overall schedule for and 

2 cost of the project; and 

3 (V) the sensitivity of the natural 

4 and historical resources that could be 

5 affected by the project. 

6 (iii) MODIFICATIONS.—The Secretary 

7 may— 

8 (I) lengthen a schedule estab9 lished under clause (i) for good cause; 

10 and 

11 (II) shorten a schedule only with 

12 concurrence of the affected partici13 pating and cooperating agencies and 

14 the project sponsor or joint lead agen15 cy, as applicable. 

16 (iv) DISSEMINATION.—A copy of a 

17 schedule established under clause (i) shall 

18 be— 

19 (I) provided to each participating 

20 and cooperating agency and the 

21 project sponsor or joint lead agency, 

22 as applicable; and 

23 (II) made available to the public. 

24 (2) COMMENT DEADLINES.—The Federal lead 

25 agency shall establish the following deadlines for 


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1 comment during the environmental review process 

2 for a project study: 

3 (A) DRAFT ENVIRONMENTAL IMPACT

4 STATEMENTS.—For comments by Federal and 

5 State agencies and the public on a draft envi6 ronmental impact statement, a period of not 

7 more than 60 days after publication in the Fed8 eral Register of notice of the date of public 

9 availability of the draft environmental impact 

10 statement, unless— 

11 (i) a different deadline is established 

12 by agreement of the Federal lead agency, 

13 the project sponsor or joint lead agency, as 

14 applicable, and all participating and co15 operating agencies; or 

16 (ii) the deadline is extended by the 

17 Federal lead agency for good cause. 

18 (B) OTHER ENVIRONMENTAL REVIEW

19 PROCESSES.—For all other comment periods es20 tablished by the Federal lead agency for agency 

21 or public comments in the environmental review 

22 process, a period of not more than 30 days 

23 after the date on which the materials on which 

24 comment is requested are made available, un25 less— 


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1 (i) a different deadline is established 

2 by agreement of the Federal lead agency, 

3 the project sponsor, or joint lead agency, 

4 as applicable, and all participating and co5 operating agencies; or 

6 (ii) the deadline is extended by the 

7 Federal lead agency for good cause. 

8 (3) DEADLINES FOR DECISIONS UNDER OTHER

9 LAWS.—In any case in which a decision under any 

10 Federal law relating to a project study, including the 

11 issuance or denial of a permit or license, is required 

12 to be made by the date described in subsection 

13 (i)(5)(B), the Secretary shall submit to the Com14 mittee on Natural Resources of the House of Rep15 resentatives and the Committees on Energy and 

16 Natural Resources and Indian Affairs of the Sen17 ate— 

18 (A) as soon as practicable after the 180- 

19 day period described in subsection (i)(5)(B), an 

20 initial notice of the failure of the Federal agen21 cy to make the decision; and 

22 (B) every 60 days thereafter until such 

23 date as all decisions of the Federal agency re24 lating to the project study have been made by 

25 the Federal agency, an additional notice that 


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1 describes the number of decisions of the Fed2 eral agency that remain outstanding as of the 

3 date of the additional notice. 

4 (4) INVOLVEMENT OF THE PUBLIC.—Nothing 

5 in this subsection reduces any time period provided 

6 for public comment in the environmental review 

7 process under applicable Federal law (including reg8 ulations). 

9 (5) TRANSPARENCY REPORTING.— 

10 (A) REPORTING REQUIREMENTS.—Not 

11 later than 1 year after the date of the enact12 ment of this Act, the Secretary shall establish 

13 and maintain an electronic database and, in co14 ordination with other Federal and State agen15 cies, issue reporting requirements to make pub16 licly available the status and progress with re17 spect to compliance with applicable require18 ments of the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.) and any 

20 other Federal, State, or local approval or action 

21 required for a project study for which this sec22 tion is applicable. 

23 (B) PROJECT STUDY TRANSPARENCY.— 

24 Consistent with the requirements established 

25 under subparagraph (A), the Secretary shall 


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1 make publicly available the status and progress 

2 of any Federal, State, Tribal, or local decision, 

3 action, or approval required under applicable 

4 laws for each project study for which this sec5 tion is applicable. 

6 (i) ISSUE IDENTIFICATION AND RESOLUTION.— 

7 (1) COOPERATION.—The Federal lead agency, 

8 the cooperating agencies, and any participating 

9 agencies shall work cooperatively in accordance with 

10 this section to identify and resolve issues that could 

11 delay completion of the environmental review process 

12 or result in the denial of any approval required for 

13 the project study under applicable laws. 

14 (2) FEDERAL LEAD AGENCY RESPONSIBIL15 ITIES.— 

16 (A) IN GENERAL.—The Federal lead agen17 cy shall make information available to the co18 operating agencies and participating agencies as 

19 early as practicable in the environmental review 

20 process regarding the environmental and socio21 economic resources located within the project 

22 area and the general locations of the alter23 natives under consideration. 

24 (B) DATA SOURCES.—The information 

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1 ing data sources, including geographic informa2 tion systems mapping. 

3 (3) COOPERATING AND PARTICIPATING AGENCY

4 RESPONSIBILITIES.—Based on information received 

5 from the Federal lead agency, cooperating and par6 ticipating agencies shall identify, as early as prac7 ticable, any issues of concern regarding the potential 

8 environmental or socioeconomic impacts of the 

9 project, including any issues that could substantially 

10 delay or prevent an agency from granting a permit 

11 or other approval that is needed for the project 

12 study. 

13 (4) ACCELERATED ISSUE RESOLUTION AND

14 ELEVATION.— 

15 (A) IN GENERAL.—On the request of a 

16 participating or cooperating agency or project 

17 sponsor, the Secretary shall convene an issue 

18 resolution meeting with the relevant partici19 pating and cooperating agencies and the project 

20 sponsor or joint lead agency, as applicable, to 

21 resolve issues that may— 

22 (i) delay completion of the environ23 mental review process; or 


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1 (ii) result in denial of any approval re2 quired for the project study under applica3 ble laws. 

4 (B) MEETING DATE.—A meeting requested 

5 under this paragraph shall be held not later 

6 than 21 days after the date on which the Sec7 retary receives the request for the meeting, un8 less the Secretary determines that there is good 

9 cause to extend that deadline. 

10 (C) NOTIFICATION.—On receipt of a re11 quest for a meeting under this paragraph, the 

12 Secretary shall notify all relevant participating 

13 and cooperating agencies of the request, includ14 ing the issue to be resolved and the date for the 

15 meeting. 

16 (D) ELEVATION OF ISSUE RESOLUTION.— 

17 If a resolution cannot be achieved within the 

18 30-day period beginning on the date of a meet19 ing under this paragraph and a determination 

20 is made by the Secretary that all information 

21 necessary to resolve the issue has been ob22 tained, the Secretary shall forward the dispute 

23 to the heads of the relevant agencies for resolu24 tion. 


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1 (E) CONVENTION BY SECRETARY.—The 

2 Secretary may convene an issue resolution 

3 meeting under this paragraph at any time, at 

4 the discretion of the Secretary, regardless of 

5 whether a meeting is requested under subpara6 graph (A). 

7 (5) FINANCIAL PENALTY PROVISIONS.— 

8 (A) IN GENERAL.—A Federal jurisdictional 

9 agency shall complete any required approval or 

10 decision for the environmental review process 

11 on an expeditious basis using the shortest exist12 ing applicable process. 

13 (B) FAILURE TO DECIDE.— 

14 (i) IN GENERAL.— 

15 (I) TRANSFER OF FUNDS.—If a 

16 Federal jurisdictional agency fails to 

17 render a decision required under any 

18 Federal law relating to a project study 

19 that requires the preparation of an 

20 environmental impact statement or 

21 environmental assessment, including 

22 the issuance or denial of a permit, li23 cense, statement, opinion, or other ap24 proval by the date described in clause 

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1 able to support the office of the head 

2 of the Federal jurisdictional agency 

3 shall be reduced by an amount of 

4 funding equal to the amount specified 

5 in item (aa) or (bb) of subclause (II), 

6 and those funds shall be made avail7 able to the division of the Federal ju8 risdictional agency charged with ren9 dering the decision by not later than 

10 1 day after the applicable date under 

11 clause (ii), and once each week there12 after until a final decision is rendered, 

13 subject to subparagraph (C). 

14 (II) AMOUNT TO BE TRANS15 FERRED.—The amount referred to in 

16 subclause (I) is— 

17 (aa) $20,000 for any project 

18 study requiring the preparation 

19 of an environmental assessment 

20 or environmental impact state21 ment; or 

22 (bb) $10,000 for any project 

23 study requiring any type of re24 view under the National Environ25 mental Policy Act of 1969 (42 


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1 U.S.C. 4321 et seq.) other than 

2 an environmental assessment or 

3 environmental impact statement. 

4 (ii) DESCRIPTION OF DATE.—The 

5 date referred to in clause (i) is the later 

6 of— 

7 (I) the date that is 180 days 

8 after the date on which an application 

9 for the permit, license, or approval is 

10 complete; and 

11 (II) the date that is 180 days 

12 after the date on which the Federal 

13 lead agency issues a decision on the 

14 project under the National Environ15 mental Policy Act of 1969 (42 U.S.C. 

16 4321 et seq.). 

17 (C) LIMITATIONS.— 

18 (i) IN GENERAL.—No transfer of 

19 funds under subparagraph (B) relating to 

20 an individual project study shall exceed, in 

21 any fiscal year, an amount equal to 1 per22 cent of the funds made available for the 

23 applicable agency office. 

24 (ii) FAILURE TO DECIDE.—The total 

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1 sult of a failure by an agency to make a 

2 decision by an applicable deadline shall not 

3 exceed an amount equal to 5 percent of the 

4 funds made available for the applicable 

5 agency office for that fiscal year. 

6 (iii) AGGREGATE.—Notwithstanding 

7 any other provision of law, for each fiscal 

8 year, the aggregate amount of financial 

9 penalties assessed against each applicable 

10 agency office under this Act and any other 

11 Federal law as a result of a failure of the 

12 agency to make a decision by an applicable 

13 deadline for environmental review, includ14 ing the total amount transferred under this 

15 paragraph, shall not exceed an amount 

16 equal to 9.5 percent of the funds made 

17 available for the agency office for that fis18 cal year. 

19 (D) NOTIFICATION OF TRANSFERS.—Not 

20 later than 10 days after the last date in a fiscal 

21 year on which funds of the Federal jurisdic22 tional agency may be transferred under sub23 paragraph (B)(5) with respect to an individual 

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1 tives and the Senate written notification that 

2 includes a description of— 

3 (i) the decision; 

4 (ii) the project study involved; 

5 (iii) the amount of each transfer 

6 under subparagraph (B) in that fiscal year 

7 relating to the decision; 

8 (iv) the total amount of all transfers 

9 under subparagraph (B) in that fiscal year 

10 relating to the decision; and 

11 (v) the total amount of all transfers of 

12 the agency under subparagraph (B) in that 

13 fiscal year. 

14 (E) NO FAULT OF AGENCY.— 

15 (i) IN GENERAL.—A transfer of funds 

16 under this paragraph shall not be made if 

17 the applicable agency described in subpara18 graph (A) notifies, with a supporting ex19 planation, the Federal lead agency, cooper20 ating agencies, and project sponsor, as ap21 plicable, that— 

22 (I) the agency has not received 

23 necessary information or approvals 

24 from another entity in a manner that 

25 affects the ability of the agency to 


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1 meet any requirements under Federal, 

2 State, or local law; 

3 (II) significant new information, 

4 including from public comments, or 

5 circumstances, including a major 

6 modification to an aspect of the 

7 project, requires additional analysis 

8 for the agency to make a decision on 

9 the project application; or 

10 (III) the agency lacks the finan11 cial resources to complete the review 

12 under the scheduled timeframe, in13 cluding a description of the number of 

14 full-time employees required to com15 plete the review, the amount of fund16 ing required to complete the review, 

17 and a justification as to why not 

18 enough funding is available to com19 plete the review by the deadline. 

20 (ii) LACK OF FINANCIAL RE21 SOURCES.—If the agency provides notice 

22 under clause (i)(III), the Inspector General 

23 of the agency shall— 

24 (I) conduct a financial audit to 

25 review the notice; and 


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1 (II) not later than 90 days after 

2 the date on which the review described 

3 in subclause (I) is completed, submit 

4 to the Committee on Natural Re5 sources of the House of Representa6 tives and the Committee on Energy 

7 and Natural Resources of the Senate 

8 the results of the audit conducted 

9 under subclause (I). 

10 (F) LIMITATION.—The Federal agency 

11 from which funds are transferred pursuant to 

12 this paragraph shall not reprogram funds to the 

13 office of the head of the agency, or equivalent 

14 office, to reimburse that office for the loss of 

15 the funds. 

16 (G) EFFECT OF PARAGRAPH.—Nothing in 

17 this paragraph affects or limits the application 

18 of, or obligation to comply with, any Federal, 

19 State, local, or Tribal law. 

20 (j) MEMORANDUM OF AGREEMENTS FOR EARLY CO21 ORDINATION.— 

22 (1) SENSE OF CONGRESS.—It is the sense of 

23 Congress that— 

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1 mental review process should cooperate with 

2 each other, State and local agencies, and Indian 

3 Tribes on environmental review and Bureau of 

4 Reclamation project delivery activities at the 

5 earliest practicable time to avoid delays and du6 plication of effort later in the process, prevent 

7 potential conflicts, and ensure that planning 

8 and project development decisions reflect envi9 ronmental values; and 

10 (B) the cooperation referred to in subpara11 graph (A) should include the development of 

12 policies and the designation of staff that advise 

13 planning agencies and project sponsors of stud14 ies or other information foreseeably required for 

15 later Federal action and early consultation with 

16 appropriate State and local agencies and Indian 

17 Tribes. 

18 (2) TECHNICAL ASSISTANCE.—If requested at 

19 any time by a State or project sponsor, the Sec20 retary and other Federal agencies with relevant ju21 risdiction in the environmental review process, shall, 

22 to the maximum extent practicable and appropriate, 

23 as determined by the agencies, provide technical as24 sistance to the State or project sponsor in carrying 

25 out early coordination activities. 


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1 (3) MEMORANDUM OF AGENCY AGREEMENT.— 

2 If requested at any time by a State or project spon3 sor, the Federal lead agency, in consultation with 

4 other Federal agencies with relevant jurisdiction in 

5 the environmental review process, may establish 

6 memoranda of agreement with the project sponsor, 

7 Indian Tribes, State and local governments, and 

8 other appropriate entities to carry out the early co9 ordination activities, including providing technical 

10 assistance in identifying potential impacts and miti11 gation issues in an integrated fashion. 

12 (k) LIMITATIONS.—Nothing in this section preempts 

13 or interferes with— 

14 (1) any obligation to comply with the provisions 

15 of any Federal law, including— 

16 (A) the National Environmental Policy Act 

17 of 1969 (42 U.S.C. 4321 et seq.); and 

18 (B) any other Federal environmental law; 

19 (2) the reviewability of any final Federal agency 

20 action in a court of the United States or in the court 

21 of any State; 

22 (3) any requirement for seeking, considering, or 

23 responding to public comment; or 

24 (4) any power, jurisdiction, responsibility, duty, 

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1 mental agency, Indian Tribe, or project sponsor has 

2 with respect to carrying out a project or any other 

3 provision of law applicable to projects. 

4 (l) TIMING OF CLAIMS.— 

5 (1) TIMING.— 

6 (A) IN GENERAL.—Notwithstanding any 

7 other provision of law, a claim arising under 

8 Federal law seeking judicial review of a permit, 

9 license, or other approval issued by a Federal 

10 agency for a project study shall be barred un11 less the claim is filed not later than 3 years 

12 after publication of a notice in the Federal Reg13 ister announcing that the permit, license, or 

14 other approval is final pursuant to the law 

15 under which the agency action is taken, unless 

16 a shorter time is specified in the Federal law 

17 that allows judicial review. 

18 (B) APPLICABILITY.—Nothing in this sub19 section creates a right to judicial review or 

20 places any limit on filing a claim that a person 

21 has violated the terms of a permit, license, or 

22 other approval. 

23 (2) NEW INFORMATION.— 

24 (A) IN GENERAL.—The Secretary shall 

25 consider new information received after the 


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1 close of a comment period if the information 

2 satisfies the requirements for a supplemental 

3 environmental impact statement under title 40, 

4 Code of Federal Regulations (including suc5 cessor regulations). 

6 (B) SEPARATE ACTION.—The preparation 

7 of a supplemental environmental impact state8 ment or other environmental document, if re9 quired under this section, shall be considered a 

10 separate final agency action and the deadline 

11 for filing a claim for judicial review of the ac12 tion shall be 3 years after the date of publica13 tion of a notice in the Federal Register an14 nouncing the action relating to such supple15 mental environmental impact statement or 

16 other environmental document. 

17 (m) CATEGORICAL EXCLUSIONS.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of the enactment of this Act, the Sec20 retary shall— 

21 (A) survey the use by the Bureau of Rec22 lamation and the Bureau of Indian Affairs of 

23 categorical exclusions in projects since 2005; 

24 (B) publish a review of the survey that in25 cludes a description of— 


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1 (i) the types of actions that were cat2 egorically excluded or could be the basis 

3 for developing a new categorical exclusion; 

4 and 

5 (ii) any requests previously received 

6 by the Secretary for new categorical exclu7 sions; and 

8 (C) solicit requests from other Federal 

9 agencies and project sponsors for new categor10 ical exclusions. 

11 (2) NEW CATEGORICAL EXCLUSIONS.—Not 

12 later than 1 year after the date of the enactment of 

13 this Act, if the Secretary has identified a category 

14 of activities that merit establishing a categorical ex15 clusion that did not exist on the day before the date 

16 of the enactment of this Act based on the review 

17 under paragraph (1), the Secretary shall publish a 

18 notice of proposed rulemaking to propose that new 

19 categorical exclusion, to the extent that the categor20 ical exclusion meets the criteria for a categorical ex21 clusion under section 1508.4 of title 40, Code of 

22 Federal Regulations (or successor regulation). 

23 (n) REVIEW OF PROJECT ACCELERATION RE24 FORMS.— 


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1 (1) IN GENERAL.—The Comptroller General of 

2 the United States shall— 

3 (A) assess the reforms carried out under 

4 this section; and 

5 (B) not later than 5 years and not later 

6 than 10 years after the date of the enactment 

7 of this Act, submit to the Committee on Nat8 ural Resources of the House of Representatives 

9 and the Committees on Energy and Natural 

10 Resources and Indian Affairs of the Senate a 

11 report that describes the results of the assess12 ment. 

13 (2) CONTENTS.—The reports under paragraph 

14 (1) shall include an evaluation of impacts of the re15 forms carried out under this section on— 

16 (A) project delivery; 

17 (B) compliance with environmental laws; 

18 and 

19 (C) the environmental impact of projects. 

20 (o) PERFORMANCE MEASUREMENT.—The Secretary 

21 shall establish a program to measure and report on 

22 progress made toward improving and expediting the plan23 ning and environmental review process. 

24 (p) CATEGORICAL EXCLUSIONS IN EMERGENCIES.— 

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1 reau of Reclamation or Bureau of Indian Affairs project 

2 that is in operation or under construction when damaged 

3 by an event or incident that results in a declaration by 

4 the President of a major disaster or emergency pursuant 

5 to the Robert T. Stafford Disaster Relief and Emergency 

6 Assistance Act (42 U.S.C. 5121 et seq.), the Secretary 

7 shall treat such repair, reconstruction, or rehabilitation 

8 activity as a class of action categorically excluded from 

9 the requirements relating to environmental assessments or 

10 environmental impact statements under section 1508.4 of 

11 title 40, Code of Federal Regulations (or successor regula12 tions), if the repair or reconstruction activity is— 

13 (1) in the same location with the same capacity, 

14 dimensions, and design as the original Bureau of 

15 Reclamation or Bureau of Indian Affairs project as 

16 before the declaration described in this section; and 

17 (2) commenced within a 2-year period begin18 ning on the date of a declaration described in this 

19 subsection. 

20 SEC. 5005. ANNUAL REPORT TO CONGRESS. 

21 (a) IN GENERAL.—Not later than February 1 of each 

22 year, the Secretary shall develop and submit to the Com23 mittee on Natural Resources of the House of Representa24 tives and the Committees on Energy and Natural Re25 sources and Indian Affairs of the Senate an annual report, 


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1 to be entitled ‘‘Report to Congress on Future Water 

2 Project Development’’, that identifies the following: 

3 (1) PROJECT REPORTS.—Each project report 

4 that meets the criteria established in subsection 

5 (c)(1)(A). 

6 (2) PROPOSED PROJECT STUDIES.—Any pro7 posed project study submitted to the Secretary by a 

8 non-Federal interest pursuant to subsection (b) that 

9 meets the criteria established in subsection 

10 (c)(1)(A). 

11 (3) PROPOSED MODIFICATIONS.—Any proposed 

12 modification to an authorized water project or 

13 project study that meets the criteria established in 

14 subsection (c)(1)(A) that— 

15 (A) is submitted to the Secretary by a non16 Federal interest pursuant to subsection (b); or 

17 (B) is identified by the Secretary for au18 thorization. 

19 (4) EXPEDITED COMPLETION OF REPORT AND

20 DETERMINATIONS.—Any project study that was ex21 pedited and any Secretarial determinations under 

22 section 4 of this Act. 

23 (b) REQUESTS FOR PROPOSALS.— 

24 (1) PUBLICATION.—Not later than May 1 of 

25 each year, the Secretary shall publish in the Federal 


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1 Register a notice requesting proposals from non2 Federal interests for proposed project studies and 

3 proposed modifications to authorized projects and 

4 project studies to be included in the annual report. 

5 (2) DEADLINE FOR REQUESTS.—The Secretary 

6 shall include in each notice required by this sub7 section a requirement that non-Federal interests 

8 submit to the Secretary any proposals described in 

9 paragraph (1) by not later than 120 days after the 

10 date of publication of the notice in the Federal Reg11 ister in order for the proposals to be considered for 

12 inclusion in the annual report. 

13 (3) NOTIFICATION.—On the date of publication 

14 of each notice required by this subsection, the Sec15 retary shall— 

16 (A) make the notice publicly available, in17 cluding on the internet; and 

18 (B) provide written notification of the pub19 lication to the Committee on Natural Resources 

20 of the House of Representatives and the Com21 mittees on Energy and Natural Resources and 

22 Indian Affairs of the Senate. 

23 (c) CONTENTS.— 

24 (1) PROJECT REPORTS, PROPOSED PROJECT

25 STUDIES, AND PROPOSED MODIFICATIONS.— 


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1 (A) CRITERIA FOR INCLUSION IN RE2 PORT.—The Secretary shall include in the an3 nual report only those project reports, proposed 

4 project studies, and proposed modifications to 

5 authorized projects and project studies that— 

6 (i) are related to the missions and au7 thorities of the Bureau of Reclamation or 

8 the Bureau of Indian Affairs; 

9 (ii) require specific congressional au10 thorization, including by an Act of Con11 gress; 

12 (iii) have not been congressionally au13 thorized; 

14 (iv) have not been included in any 

15 previous annual report; and 

16 (v) if authorized, could be carried out 

17 by the Bureau of Reclamation or the Bu18 reau of Indian Affairs. 

19 (B) DESCRIPTION OF BENEFITS.— 

20 (i) DESCRIPTION.—The Secretary 

21 shall describe in the annual report, to the 

22 extent applicable and practicable, for each 

23 proposed project study and proposed modi24 fication to an authorized water resources 

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1 cluded in the annual report, the benefits, 

2 as described in clause (ii), of each such 

3 study or proposed modification. 

4 (ii) BENEFITS.—The benefits (or ex5 pected benefits, in the case of a proposed 

6 project study) described in this clause are 

7 benefits to— 

8 (I) the protection of human life 

9 and property; 

10 (II) domestic irrigated water and 

11 power supplies; 

12 (III) the national economy; 

13 (IV) the environment; or 

14 (V) the national security inter15 ests of the United States. 

16 (C) IDENTIFICATION OF OTHER FAC17 TORS.—The Secretary shall identify in the an18 nual report, to the extent practicable— 

19 (i) for each proposed project study in20 cluded in the annual report, the non-Fed21 eral interest that submitted the proposed 

22 project study pursuant to subsection (b); 

23 and 

24 (ii) for each proposed project study 

25 and proposed modification to a project or 


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1 project study included in the annual re2 port, whether the non-Federal interest has 

3 demonstrated— 

4 (I) that local support exists for 

5 the proposed project study or pro6 posed modification to an authorized 

7 project or project study (including the 

8 surface water storage development 

9 project that is the subject of the pro10 posed feasibility study or the proposed 

11 modification to an authorized project 

12 study); and 

13 (II) the financial ability to pro14 vide the required non-Federal cost 

15 share. 

16 (2) TRANSPARENCY.—The Secretary shall in17 clude in the annual report, for each project report, 

18 proposed project study, and proposed modification to 

19 a project or project study included under paragraph 

20 (1)(A)— 

21 (A) the name of the associated non-Fed22 eral interest, including the name of any non23 Federal interest that has contributed, or is ex24 pected to contribute, a non-Federal share of the 

25 cost of— 


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1 (i) the project report; 

2 (ii) the proposed project study; 

3 (iii) the authorized project study for 

4 which the modification is proposed; or 

5 (iv) construction of— 

6 (I) the project that is the subject 

7 of— 

8 (aa) the water report; 

9 (bb) the proposed project 

10 study; or 

11 (cc) the authorized project 

12 study for which a modification is 

13 proposed; or 

14 (II) the proposed modification to 

15 a project; 

16 (B) a letter or statement of support for the 

17 water report, proposed project study, or pro18 posed modification to a project or project study 

19 from each associated non-Federal interest; 

20 (C) the purpose of the feasibility report, 

21 proposed feasibility study, or proposed modi22 fication to a project or project study; 

23 (D) an estimate, to the extent practicable, 

24 of the Federal, non-Federal, and total costs 

25 of— 


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1 (i) the proposed modification to an 

2 authorized project study; and 

3 (ii) construction of— 

4 (I) the project that is the subject 

5 of— 

6 (aa) the project report; or 

7 (bb) the authorized project 

8 study for which a modification is 

9 proposed, with respect to the 

10 change in costs resulting from 

11 such modification; or 

12 (II) the proposed modification to 

13 an authorized project; and 

14 (E) an estimate, to the extent practicable, 

15 of the monetary and nonmonetary benefits of— 

16 (i) the project that is the subject of— 

17 (I) the project report; or 

18 (II) the authorized project study 

19 for which a modification is proposed, 

20 with respect to the benefits of such 

21 modification; or 

22 (ii) the proposed modification to an 

23 authorized project. 

24 (3) CERTIFICATION.—The Secretary shall in25 clude in the annual report a certification stating 


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1 that each feasibility report, proposed feasibility 

2 study, and proposed modification to a project or 

3 project study included in the annual report meets 

4 the criteria established in paragraph (1)(A). 

5 (4) APPENDIX.—The Secretary shall include in 

6 the annual report an appendix listing the proposals 

7 submitted under subsection (b) that were not in8 cluded in the annual report under paragraph (1)(A) 

9 and a description of why the Secretary determined 

10 that those proposals did not meet the criteria for in11 clusion under such paragraph. 

12 (d) SPECIAL RULE FOR INITIAL ANNUAL REPORT.— 

13 Notwithstanding any other deadlines required by this sec14 tion, the Secretary shall— 

15 (1) not later than 60 days after the date of the 

16 enactment of this Act, publish in the Federal Reg17 ister a notice required by subsection (b)(1); and 

18 (2) include in such notice a requirement that 

19 non-Federal interests submit to the Secretary any 

20 proposals described in subsection (b)(1) by not later 

21 than 120 days after the date of publication of such 

22 notice in the Federal Register in order for such pro23 posals to be considered for inclusion in the first an24 nual report developed by the Secretary under this 

25 section. 


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1 (e) PUBLICATION.—Upon submission of an annual 

2 report to Congress, the Secretary shall make the annual 

3 report publicly available, including through publication on 

4 the internet. 

5 (f) DEFINITION.—In this section, the term ‘‘project 

6 report’’ means a final feasibility report developed under 

7 the Reclamation Act of 1902 (32 Stat. 388), and all Acts 

8 amendatory thereof or supplementary thereto. 

9 SEC. 5006. APPLICABILITY OF THE WIIN ACT. 

10 Sections 3221 through 3226, 4007 and 4009 of the 

11 WIIN Act (Public Law 114–322) shall not apply to any 

12 project (as defined in section 2 of this Act). 

13 TITLE VI—WATER SUPPLY PER14 MITTING COORDINATION ACT 

15 SEC. 6001. DEFINITIONS. 

16 In this title: 

17 (1) BUREAU.—The term ‘‘Bureau’’ means the 

18 Bureau of Reclamation. 

19 (2) COOPERATING AGENCIES.—The term ‘‘co20 operating agency’’ means a Federal agency with ju21 risdiction over a review, analysis, opinion, statement, 

22 permit, license, or other approval or decision re23 quired for a qualifying project under applicable Fed24 eral laws and regulations, or a State agency subject 

25 to section 3(c). 


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1 (3) QUALIFYING PROJECTS.—The term ‘‘quali2 fying projects’’ means new surface water storage 

3 projects in the States covered under the Act of June 

4 17, 1902 (32 Stat. 388, chapter 1093), and Acts 

5 supplemental to and amendatory of that Act (43 

6 U.S.C. 371 et seq.) constructed on lands adminis7 tered by the Department of the Interior or the De8 partment of Agriculture, exclusive of any easement, 

9 right-of-way, lease, or any private holding, unless the 

10 project applicant elects not to participate in the 

11 process authorized by this Act. Such term shall also 

12 include State-led projects (as defined in section 

13 4007(a)(2) of the WIIN Act) for new surface water 

14 storage projects in the States covered under the Act 

15 of June 17, 1902 (32 Stat. 388, chapter 1093), and 

16 Acts supplemental to and amendatory of that Act 

17 (43 U.S.C. 371 et seq.), constructed on lands ad18 ministered by the Department of the Interior or the 

19 Department of Agriculture, exclusive of any ease20 ment, right-of-way, lease, or any private holding, un21 less the project applicant elects not to participate in 

22 the process authorized by this Act. 

23 (4) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior. 


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1 SEC. 6002. ESTABLISHMENT OF LEAD AGENCY AND CO2 OPERATING AGENCIES. 

3 (a) ESTABLISHMENT OF LEAD AGENCY.—The Bu4 reau is established as the lead agency for purposes of co5 ordinating all reviews, analyses, opinions, statements, per6 mits, licenses, or other approvals or decisions required 

7 under Federal law to construct qualifying projects. 

8 (b) IDENTIFICATION AND ESTABLISHMENT OF CO9 OPERATING AGENCIES.—The Commissioner of the Bureau 

10 shall— 

11 (1) identify, as early as practicable upon receipt 

12 of an application for a qualifying project, any Fed13 eral agency that may have jurisdiction over a review, 

14 analysis, opinion, statement, permit, license, ap15 proval, or decision required for a qualifying project 

16 under applicable Federal laws and regulations; and 

17 (2) notify any such agency, within a reasonable 

18 timeframe, that the agency has been designated as 

19 a cooperating agency in regards to the qualifying 

20 project unless that agency responds to the Bureau in 

21 writing, within a timeframe set forth by the Bureau, 

22 notifying the Bureau that the agency— 

23 (A) has no jurisdiction or authority with 

24 respect to the qualifying project; 

25 (B) has no expertise or information rel26 evant to the qualifying project or any review, 


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1 analysis, opinion, statement, permit, license, or 

2 other approval or decision associated therewith; 

3 or 

4 (C) does not intend to submit comments 

5 on the qualifying project or conduct any review 

6 of such a project or make any decision with re7 spect to such project in a manner other than in 

8 cooperation with the Bureau. 

9 (c) STATE AUTHORITY.—A State in which a quali10 fying project is being considered may choose, consistent 

11 with State law— 

12 (1) to participate as a cooperating agency; and 

13 (2) to make subject to the processes of this Act 

14 all State agencies that— 

15 (A) have jurisdiction over the qualifying 

16 project; 

17 (B) are required to conduct or issue a re18 view, analysis, or opinion for the qualifying 

19 project; or 

20 (C) are required to make a determination 

21 on issuing a permit, license, or approval for the 

22 qualifying project. 

23 SEC. 6003. BUREAU RESPONSIBILITIES. 

24 (a) IN GENERAL.—The principal responsibilities of 

25 the Bureau under this Act are— 


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1 (1) to serve as the point of contact for appli2 cants, State agencies, Indian Tribes, and others re3 garding proposed qualifying projects; 

4 (2) to coordinate preparation of unified environ5 mental documentation that will serve as the basis for 

6 all Federal decisions necessary to authorize the use 

7 of Federal lands for qualifying projects; and 

8 (3) to coordinate all Federal agency reviews 

9 necessary for project development and construction 

10 of qualifying projects. 

11 (b) COORDINATION PROCESS.—The Bureau shall 

12 have the following coordination responsibilities: 

13 (1) PREAPPLICATION COORDINATION.—Notify 

14 cooperating agencies of proposed qualifying projects 

15 not later than 30 days after receipt of a proposal 

16 and facilitate a preapplication meeting for prospec17 tive applicants, relevant Federal and State agencies, 

18 and Indian Tribes— 

19 (A) to explain applicable processes, data 

20 requirements, and applicant submissions nec21 essary to complete the required Federal agency 

22 reviews within the timeframe established; and 

23 (B) to establish the schedule for the quali24 fying project. 


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1 (2) CONSULTATION WITH COOPERATING AGEN2 CIES.—Consult with the cooperating agencies 

3 throughout the Federal agency review process, iden4 tify and obtain relevant data in a timely manner, 

5 and set necessary deadlines for cooperating agencies. 

6 (3) SCHEDULE.—Work with the qualifying 

7 project applicant and cooperating agencies to estab8 lish a project schedule. In establishing the schedule, 

9 the Bureau shall consider, among other factors— 

10 (A) the responsibilities of cooperating 

11 agencies under applicable laws and regulations; 

12 (B) the resources available to the cooper13 ating agencies and the non-Federal qualifying 

14 project sponsor, as applicable; 

15 (C) the overall size and complexity of the 

16 qualifying project; 

17 (D) the overall schedule for and cost of the 

18 qualifying project; and 

19 (E) the sensitivity of the natural and his20 toric resources that may be affected by the 

21 qualifying project. 

22 (4) ENVIRONMENTAL COMPLIANCE.—Prepare a 

23 unified environmental review document for each 

24 qualifying project application, incorporating a single 

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1 cies with authority to issue approvals for a given 

2 qualifying project shall base project approval deci3 sions. Help ensure that cooperating agencies make 

4 necessary decisions, within their respective authori5 ties, regarding Federal approvals in accordance with 

6 the following timelines: 

7 (A) Not later than 1 year after acceptance 

8 of a completed project application when an en9 vironmental assessment and finding of no sig10 nificant impact is determined to be the appro11 priate level of review under the National Envi12 ronmental Policy Act of 1969 (42 U.S.C. 4321 

13 et seq.). 

14 (B) Not later than 1 year and 30 days 

15 after the close of the public comment period for 

16 a draft environmental impact statement under 

17 the National Environmental Policy Act of 1969 

18 (42 U.S.C. 4321 et seq.), when an environ19 mental impact statement is required under the 

20 same. 

21 (5) CONSOLIDATED ADMINISTRATIVE

22 RECORD.—Maintain a consolidated administrative 

23 record of the information assembled and used by the 

24 cooperating agencies as the basis for agency deci25 sions. 


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1 (6) PROJECT DATA RECORDS.—To the extent 

2 practicable and consistent with Federal law, ensure 

3 that all project data is submitted and maintained in 

4 generally accessible electronic format, compile, and 

5 where authorized under existing law, make available 

6 such project data to cooperating agencies, the quali7 fying project applicant, and to the public. 

8 (7) PROJECT MANAGER.—Appoint a project 

9 manager for each qualifying project. The project 

10 manager shall have authority to oversee the project 

11 and to facilitate the issuance of the relevant final 

12 authorizing documents, and shall be responsible for 

13 ensuring fulfillment of all Bureau responsibilities set 

14 forth in this section and all cooperating agency re15 sponsibilities under section 5. 

16 SEC. 6004. COOPERATING AGENCY RESPONSIBILITIES. 

17 (a) ADHERENCE TO BUREAU SCHEDULE.— 

18 (1) TIMEFRAMES.—On notification of an appli19 cation for a qualifying project, the head of each co20 operating agency shall submit to the Bureau a time21 frame under which the cooperating agency reason22 ably will be able to complete the authorizing respon23 sibilities of the cooperating agency. 

24 (2) SCHEDULE.— 


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1 (A) USE OF TIMEFRAMES.—The Bureau 

2 shall use the timeframes submitted under this 

3 subsection to establish the project schedule 

4 under section 4. 

5 (B) ADHERENCE.—Each cooperating agen6 cy shall adhere to the project schedule estab7 lished by the Bureau under subparagraph (A). 

8 (b) ENVIRONMENTAL RECORD.—The head of each 

9 cooperating agency shall submit to the Bureau all environ10 mental review material produced or compiled in the course 

11 of carrying out activities required under Federal law, con12 sistent with the project schedule established by the Bureau 

13 under subsection (a)(2). 

14 (c) DATA SUBMISSION.—To the extent practicable 

15 and consistent with Federal law, the head of each cooper16 ating agency shall submit all relevant project data to the 

17 Bureau in a generally accessible electronic format, subject 

18 to the project schedule established by the Bureau under 

19 subsection (a)(2). 

20 SEC. 6005. FUNDING TO PROCESS PERMITS. 

21 (a) IN GENERAL.—The Secretary, after public notice 

22 in accordance with subchapter II of chapter 5, and chapter 

23 7, of title 5, United States Code (commonly known as the 

24 ‘‘Administrative Procedure Act’’), may accept and expend 

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1 dite the evaluation of a permit of that entity related to 

2 a qualifying project. 

3 (b) EFFECT ON PERMITTING.— 

4 (1) EVALUATION OF PERMITS.—In carrying out 

5 this section, the Secretary shall ensure that the eval6 uation of permits carried out using funds accepted 

7 under this section shall— 

8 (A) be reviewed by the Regional Director 

9 of the Bureau of the region in which the quali10 fying project or activity is located (or a des11 ignee); and 

12 (B) use the same procedures for decisions 

13 that would otherwise be required for the evalua14 tion of permits for similar projects or activities 

15 not carried out using funds authorized under 

16 this section. 

17 (2) IMPARTIAL DECISION MAKING.—In carrying 

18 out this section, the Secretary and the head of each 

19 cooperating agency receiving funds under this sec20 tion for a qualifying project shall ensure that the use 

21 of the funds accepted under this section for the 

22 qualifying project shall not— 

23 (A) substantively or procedurally impact 

24 impartial decision making with respect to the 

25 issuance of permits; or 


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1 (B) diminish, modify, or otherwise affect 

2 the statutory or regulatory authorities of the 

3 cooperating agency. 

4 (c) LIMITATION ON USE OF FUNDS.—None of the 

5 funds accepted under this section shall be used to carry 

6 out a review of the evaluation of permits required under 

7 subsection (b)(1)(A). 

8 (d) PUBLIC AVAILABILITY.—The Secretary shall en9 sure that all final permit decisions carried out using funds 

10 authorized under this section are made available to the 

11 public, including on the internet. 

12 TITLE VII—FEDERALLY INTE13 GRATED SPECIES HEALTH 

14 ACT 

15 SEC. 7001. TRANSFER OF FUNCTIONS WITH RESPECT TO 

16 ANADROMOUS SPECIES AND CATADROMOUS 

17 SPECIES. 

18 (a) TRANSFER OF FUNCTIONS.—All functions with 

19 respect to anadromous species and catadromous species 

20 under the Endangered Species Act of 1973 (16 U.S.C. 

21 1531 et seq.) that were vested in the Secretary of Com22 merce or the National Marine Fisheries Service imme23 diately before the enactment of this Act are transferred 

24 to the Secretary of the Interior. 


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1 (b) CONFORMING AMENDMENTS.—The Endangered 

2 Species Act of 1973 is amended— 

3 (1) in section 3(15) (16 U.S.C. 1532(15))— 

4 (A) by inserting ‘‘(A)’’ after ‘‘(15)’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(B) Notwithstanding subparagraph (A), 

7 with respect to anadromous species and 

8 catadromous species, the term ‘Secretary’ 

9 means the Secretary of the Interior.’’; and 

10 (2) in section 3 (16 U.S.C. 1532) by adding at 

11 the end the following: 

12 ‘‘(22) The term ‘anadromous species’ means a 

13 species of fish that spawn in fresh or estuarine 

14 waters and that migrate to ocean waters. 

15 ‘‘(23) The term ‘catadromous species’ means a 

16 species of fish that spawn in ocean waters and mi17 grate to fresh waters.’’. 

18 SEC. 7002. MISCELLANEOUS PROVISIONS. 

19 (a) REFERENCES.—Any reference in any other Fed20 eral law, Executive order, rule, regulation, or delegation 

21 of authority, or any document of or pertaining to a depart22 ment or office from which a function is transferred by this 

23 Act— 

24 (1) to the head of such department or office is 

25 deemed to refer to the Secretary of the Interior; or 


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1 (2) to such department or office is deemed to 

2 refer to the Department of the Interior. 

3 (b) EXERCISE OF AUTHORITIES.—Except as other4 wise provided by law, the Secretary of the Interior may, 

5 for purposes of performing the functions transferred by 

6 this Act, exercise all authorities under the Endangered 

7 Species Act of 1973 that were available with respect to 

8 the performance of that function immediately before the 

9 effective date of the transfer of the function under this 

10 Act. 

11 (c) SAVINGS PROVISIONS.— 

12 (1) LEGAL DOCUMENTS.—All orders, deter13 minations, rules, regulations, permits, grants, loans, 

14 contracts, agreements, certificates, licenses, and 

15 privileges— 

16 (A) that have been issued, made, granted, 

17 or allowed to become effective by the Secretary 

18 of Commerce, any officer or employee of the 

19 Department of Commerce, or any other Govern20 ment official in the performance of any function 

21 that is transferred by this Act, or by a court of 

22 competent jurisdiction with respect to such per23 formance; and 

24 (B) that are in effect on the effective date 

25 of this Act (or become effective after such date 


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1 pursuant to their terms as in effect on such ef2 fective date), 

3 shall continue in effect according to their terms until 

4 modified, terminated, superseded, set aside, or re5 voked in accordance with law by the President, any 

6 other authorized official, a court of competent juris7 diction, or operation of law. 

8 (2) PROCEEDINGS.— 

9 (A) IN GENERAL.—This Act shall not af10 fect any proceedings or any application for any 

11 benefits, service, license, permit, certificate, or 

12 financial assistance pending on the date of the 

13 enactment of this Act before an office trans14 ferred by this Act. Such proceedings and appli15 cations shall be continued. Orders shall be 

16 issued in such proceedings, appeals shall be 

17 taken therefrom, and payments shall be made 

18 pursuant to such orders, as if this Act had not 

19 been enacted, and orders issued in any such 

20 proceeding shall continue in effect until modi21 fied, terminated, superseded, or revoked by a 

22 duly authorized official, by a court of competent 

23 jurisdiction, or by operation of law. 

24 (B) LIMITATION.—Nothing in this para25 graph shall be considered to prohibit the disVerDate Sep 11 2014 04:19 Dec 05, 2019 Jkt 099200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H5217.IH H5217

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1 continuance or modification of any such pro2 ceeding under the same terms and conditions 

3 and to the same extent that such proceeding 

4 could have been discontinued or modified if this 

5 Act had not been enacted. 

6 (3) SUITS.—This Act shall not affect suits com7 menced before the date of the enactment of this Act, 

8 and in all such suits, proceeding shall be had, ap9 peals taken, and judgments rendered in the same 

10 manner and with the same effect as if this Act had 

11 not been enacted. 

12 (4) NONABATEMENT OF ACTIONS.—No suit, ac13 tion, or other proceeding commenced by or against 

14 the Department of Commerce or the Secretary of 

15 Commerce, or by or against any individual in the of16 ficial capacity of such individual as an officer or em17 ployee of the Department of Commerce, shall abate 

18 by reason of the enactment of this Act. 

19 (5) CONTINUANCE OF SUITS.—If any Govern20 ment officer in the official capacity of such officer 

21 is party to a suit with respect to a function of the 

22 officer, and under this Act such function is trans23 ferred to any other officer or office, then such suit 

24 shall be continued with the other officer or the head 


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1 of such other office, as applicable, substituted or 

2 added as a party. 

3 (6) ADMINISTRATIVE PROCEDURE AND JUDI4 CIAL REVIEW.—Except as otherwise provided by this 

5 Act, any statutory requirements relating to notice, 

6 hearings, action upon the record, or administrative 

7 or judicial review that apply to any function trans8 ferred by this Act shall apply to the exercise of such 

9 function by the head of the Federal agency, and 

10 other officers of the agency, to which such function 

11 is transferred by this Act. 

12 SEC. 7003. DEFINITIONS. 

13 In this title: 

14 (1) ANADROMOUS SPECIES AND CATADROMOUS

15 SPECIES.—Each of the terms ‘‘anadromous species’’ 

16 and ‘‘catadromous species’’ has the meaning that 

17 term has under section 3 of the Endangered Species 

18 Act of 1973, as amended by section 3 of this title. 

19 (2) FUNCTION.—The term ‘‘function’’ includes 

20 any duty, obligation, power, authority, responsibility, 

21 right, privilege, activity, or program. 

22 (3) OFFICE.—The term ‘‘office’’ includes any 

23 office, administration, agency, bureau, institute, 

24 council, unit, organizational entity, or component 

25 thereof. 


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1 TITLE VIII—AQUIFER RE2 CHARGE FLEXIBILITY PILOT 

3 PROGRAM 

4 SEC. 8001. DEFINITIONS. 

5 In this title: 

6 (1) BUREAU.—The term ‘‘Bureau’’ means the 

7 Bureau of Reclamation. 

8 (2) COMMISSIONER.—The term ‘‘Commis9 sioner’’ means the Commissioner of Reclamation. 

10 (3) ELIGIBLE LAND.—The term ‘‘eligible land’’, 

11 with respect to a Reclamation project, means land 

12 that— 

13 (A) is authorized to receive water under 

14 State law; and 

15 (B) shares an aquifer with land located in 

16 the service area of the Reclamation project. 

17 (4) NET WATER STORAGE BENEFIT.—The term 

18 ‘‘net water storage benefit’’ means an increase in the 

19 volume of water that is— 

20 (A) stored in one or more aquifers; and 

21 (B)(i) available for use within the author22 ized service area of a Reclamation project; or 

23 (ii) stored on a long-term basis to avoid or 

24 reduce groundwater overdraft. 


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1 (5) RECLAMATION FACILITY.—The term ‘‘Rec2 lamation facility’’ means each of the infrastructure 

3 assets that are owned by the Bureau at a Reclama4 tion project. 

5 (6) RECLAMATION PROJECT.—The term ‘‘Rec6 lamation project’’ means any reclamation or irriga7 tion project, including incidental features thereof, 

8 authorized by Federal reclamation law or the Act of 

9 August 11, 1939 (commonly known as the ‘‘Water 

10 Conservation and Utilization Act’’) (53 Stat. 1418, 

11 chapter 717; 16 U.S.C. 590y et seq.), or constructed 

12 by the United States pursuant to such law, or in 

13 connection with which there is a repayment or water 

14 service contract executed by the United States pur15 suant to such law, or any project constructed by the 

16 Secretary through the Bureau for the reclamation of 

17 land. 

18 (7) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 SEC. 8002. USE OF BUREAU FACILITIES. 

21 (1) IN GENERAL.—The Commissioner may 

22 allow the use of excess capacity in Reclamation fa23 cilities for aquifer recharge of non-Reclamation 

24 project water, subject to applicable rates, charges, 


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1 and public participation requirements, on the condi2 tion that— 

3 (A) the use— 

4 (i) shall not be implemented in a man5 ner that is detrimental to— 

6 (I) any power service or water 

7 contract for the Reclamation project; 

8 or 

9 (II) any obligations for fish, wild10 life, or water quality protection appli11 cable to the Reclamation project; 

12 (ii) shall be consistent with water 

13 quality guidelines for the Reclamation 

14 project; 

15 (iii) shall comply with all applicable— 

16 (I) Federal laws; and 

17 (II) policies of the Bureau; and 

18 (B) the non-Federal party to an existing 

19 contract for water or water capacity in a Rec20 lamation facility consents to the use of the Rec21 lamation facility under this subsection. 

22 (2) EFFECT ON EXISTING CONTRACTS.—Noth23 ing in this subsection affects a contract— 

24 (A) in effect on the date of the enactment 

25 of this title; and 


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1 (B) under which the use of excess capacity 

2 in a Bureau conveyance facility for carriage of 

3 non-Reclamation project water for aquifer re4 charge is allowed. 

5 SEC. 8003. AQUIFER RECHARGE ON ELIGIBLE LAND. 

6 (1) IN GENERAL.—Subject to paragraphs (3) 

7 and (4), the Secretary may contract with a holder of 

8 a water service or repayment contract for a Rec9 lamation project to allow the contractor, in accord10 ance with applicable State laws and policies— 

11 (A) to directly use water available under 

12 the contract for aquifer recharge on eligible 

13 land; or 

14 (B) to enter into an agreement with an in15 dividual or entity to transfer water available 

16 under the contract for aquifer recharge on eligi17 ble land. 

18 (2) AUTHORIZED PROJECT USE.—The use of a 

19 Reclamation facility for aquifer recharge under para20 graph (1) shall be considered an authorized use for 

21 the Reclamation project if requested by a holder of 

22 a water service or repayment contract for the Rec23 lamation facility. 

24 (3) MODIFICATIONS TO CONTRACTS.—The Sec25 retary may contract with a holder of a water service 


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1 or repayment contract for a Reclamation project 

2 under paragraph (1) if the Secretary determines 

3 that a new contract or contract amendment de4 scribed in that paragraph is— 

5 (A) necessary to allow for the use of water 

6 available under the contract for aquifer re7 charge under this subsection; 

8 (B) in the best interest of the Reclamation 

9 project and the United States; and 

10 (C) approved by the contractor that is re11 sponsible for repaying the cost of construction, 

12 operations, and maintenance of the facility that 

13 delivers the water under the contract. 

14 (4) REQUIREMENTS.—The use of Reclamation 

15 facilities for the use or transfer of water for aquifer 

16 recharge under this subsection shall be subject to 

17 the requirements that— 

18 (A) the use or transfer shall not be imple19 mented in a manner that materially impacts 

20 any power service or water contract for the 

21 Reclamation project; and 

22 (B) before the use or transfer, the Sec23 retary shall determine that the use or trans24 fer— 


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1 (i) results in a net water storage ben2 efit for the Reclamation project; or 

3 (ii) contributes to the recharge of an 

4 aquifer on eligible land; and 

5 (C) the use or transfer complies with all 

6 applicable— 

7 (i) Federal laws and policies; and 

8 (ii) interstate water compacts. 

9 SEC. 8004. SENSE OF CONGRESS. 

10 It is the sense of Congress that— 

11 (1) the Secretary should encourage the use of 

12 public land administered by the Bureau of Land 

13 Management for aquifer recharge, where appro14 priate, consistent with— 

15 (A) the existing grant of right-of-way; 

16 (B) as applicable, the Federal Land Policy 

17 and Management Act of 1976 (43 U.S.C. 1701 

18 et seq.); and 

19 (C) applicable land and resource manage20 ment plans; and 

21 (2) the Secretary should consider whether aqui22 fer recharge may be appropriate in certain areas of 

23 critical environmental concern, if aquifer recharge— 


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1 (A) would enhance the values for which the 

2 area of critical environmental concern has been 

3 designated; and 

4 (B) is consistent with the management re5 quirements for the area of critical environ6 mental concern. 

7 SEC. 8005. CONVEYANCE FOR AQUIFER RECHARGE PUR8 POSES. 

9 The holder of a right-of-way, easement, permit, or 

10 other authorization to transport water across public land 

11 administered by the Bureau of Land Management may 

12 transport water for aquifer recharge purposes, including 

13 outside of the regular period of use, without requiring ad14 ditional authorization from the Secretary where the use 

15 does not expand or modify the operation of the right-of16 way, easement, permit, or other authorization across pub17 lic land. 

18 SEC. 8006. REPORT. 

19 No later than 18 months after the enactment of this 

20 law, the Secretary of the Interior shall submit to the Com21 mittee on Natural Resources of the House of Representa22 tives and the Committees on Energy and Natural Re23 sources of the Senate a report that describes the status 

24 of the pilot; and describes obstacles, if any, to imple25 menting the pilot. 


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1 SEC. 8007. EFFECT. 

2 Nothing in this Act— 

3 (1) creates, impairs, alters, or supersedes a 

4 Federal or State water right; or 

5 (2) alters or supersedes State sovereignty and 

6 authority regarding State water rights and the use 

7 of water. 

8 SEC. 8008. EXEMPTION. 

9 This title shall not apply to the State of California. 

10 TITLE IX—BIG SAND WASH 

11 PROJECT TITLE TRANSFER ACT 

12 SEC. 9001. DEFINITIONS. 

13 In this title: 

14 (1) ACQUIRED LANDS.—The term ‘‘Acquired 

15 Lands’’ means those lands that were acquired by the 

16 Central Utah Water Conservancy District with Fed17 eral and District funds for the purpose of water 

18 storage and conveyance in the Big Sand Wash Fa19 cilities. 

20 (2) ASSOCIATION.—The term ‘‘Association’’ 

21 means the Moon Lake Water Users Association, an 

22 association of 8 irrigation companies in Utah. 

23 (3) BIG SAND WASH FACILITIES.—The term 

24 ‘‘Big Sand Wash Facilities’’— 

25 (A) means the following features that are 

26 part of the Uinta Basin Replacement Project 


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1 authorized by the Central Utah Project Comple2 tion Act (Public Law 102–575)— 

3 (i) the Big Sand Wash Dam, includ4 ing the enlarged reservoir and outlet 

5 works; 

6 (ii) the Feeder Pipeline; 

7 (iii) the Feeder Diversion; 

8 (iv) the Roosevelt Pipeline; and 

9 (v) the Big Sand Wash Facilities; and 

10 (B) does not include— 

11 (i) the Moon Lake Dam and Res12 ervoir; and 

13 (ii) the modified outlet works. 

14 (4) DISTRICT.—The term ‘‘District’’ means the 

15 Central Utah Water Conservancy District, a political 

16 subdivision of the State of Utah with certain respon17 sibilities for the implementation of the Central Utah 

18 Project Completion Act. 

19 (5) DUCHESNE COUNTY.—The term ‘‘Duchesne 

20 County’’ means the Duchesne County Water Conser21 vancy District in Duchesne County, Utah. 

22 (6) FEDERAL LANDS.—The term ‘‘Federal 

23 Lands’’ means parcels of federally owned lands and 

24 easements acquired for the expansion of the Big 

25 Sand Wash Facilities, and includes those original, 


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1 Association lands deeded to the United States in No2 vember 2001 as a permanent easement for the con3 veyance and storage of water and the right of in4 gress and egress. 

5 (7) FEEDER DIVERSION.—The term ‘‘Feeder 

6 Diversion’’ means the diversion structure and appur7 tenances constructed in the Lake Fork River to di8 vert water into the Big Sand Wash Project, and in9 cludes the property acquired by easement for the di10 version structure and rights of egress and ingress to 

11 the property. 

12 (8) FEEDER PIPELINE.—The term ‘‘Feeder 

13 Pipeline’’ means the pipeline and appurtenances con14 structed from the Feeder Diversion to the Big Sand 

15 Wash Reservoir, and includes the property acquired 

16 by easement for the pipeline. 

17 (9) ROOSEVELT PIPELINE.—The term ‘‘Roo18 sevelt Pipeline’’ means the pipeline and appur19 tenances constructed to deliver project and non20 project water from the Big Sand Wash Facilities for 

21 the Association and Duchesne County, and includes 

22 the property acquired by easement for the pipeline. 

23 (10) SECRETARY.—The term ‘‘Secretary’’ 

24 means the Secretary of the Interior or a designee of 

25 the Secretary. 


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1 (11) UINTA BASIN REPLACEMENT PROJECT.— 

2 The term ‘‘Uinta Basin Replacement Project’’ ap3 plies to the project that was authorized by the Cen4 tral Utah Project Completion Act to enlarge the Big 

5 Sand Wash Dam and Reservoir, construct the Feed6 er Diversion, construct the Feeder Pipeline, con7 struct the Roosevelt Pipeline, modify the Moon Lake 

8 outlet works, develop mitigation lands, and develop 

9 other facilities as required to complete project pur10 poses. 

11 SEC. 9002. CONVEYANCE OF FACILITIES AND LAND. 

12 (a) IN GENERAL.—Subject to subsection (b) and in 

13 consideration of the District assuming from the United 

14 States all liability for administration, operation, and main15 tenance of the Big Sand Wash Facilities, the Secretary 

16 shall convey to the District all right, title, and interest 

17 of the United States in and to the Acquired Lands, the 

18 Federal Lands, and the Big Sand Wash Facilities in exist19 ence on the date of the enactment of this Title. 

20 (b) CONDITIONS.—The conveyance under subsection 

21 (a) shall not be completed until all of the following occur: 

22 (1) The District pays to the Secretary the net 

23 present value of the remaining repayment obliga24 tions identified in the Water Service Contract, Sup25 plement No. 2, Contract No. 14–06–400–4286 and 


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1 Block Notice Number UBRP1, as determined by Of2 fice of Management and Budget Circular A–129 (in 

3 effect on the date of the enactment of this title). 

4 Such prepayment shall not affect the contract to de5 liver water between the District and Duchesne Coun6 ty and shall remedy all outstanding issues relating 

7 to the District’s expenditure of Federal funds for 

8 land acquisition. 

9 (2) The Association, the District, and Duchesne 

10 County enter into an agreement, only as mutually 

11 deemed necessary by the Parties, reflecting as much 

12 as possible the existing operating agreement, Agree13 ment No. 01–07–40–R7020 dated November 15, 

14 2001, that provides for the future operation of and 

15 delivery of water from the Big Sand Wash Facilities. 

16 (3) The Association and the District enter into 

17 an agreement to convey Acquired Lands, Federal 

18 Lands, the Feeder Diversion, and the Feeder Pipe19 line to the Association. 

20 (4) The Association and the District enter into 

21 an agreement that ensures the minimum stream flow 

22 requirements contained in the Final Environmental 

23 Assessment, section 203(a), Uinta Basin Replace24 ment Project, dated October 2001. 


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1 (5) The District and the United States enter 

2 into an agreement that ensures the minimum stream 

3 flow requirements contained in the Final Environ4 mental Assessment, section 203(a), Uinta Basin Re5 placement Project, dated October 2001. 

6 (6) The District enters into an agreement to 

7 convey Acquired Lands and Federal Lands to the 

8 Utah Department of Transportation. 

9 (7) The District enters into an agreement to 

10 convey the Roosevelt Pipeline to Duchesne County. 

11 (c) PREPAYMENT AUTHORITY.—The District is here12 by granted authority to prepay, at net present value as 

13 determined by Office of Management and Budget Circular 

14 A–129 (as in effect on the date of the enactment of this 

15 title), all irrigation block notices associated with the Bon16 neville Unit of the Central Utah Project. 

17 (d) PAYMENT OF COSTS.—The District shall pay any 

18 necessary and reasonable administrative and real estate 

19 transfer costs incurred by the Secretary in carrying out 

20 the conveyance authorized by subsection (a). 

21 (e) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

22 (1) IN GENERAL.—Before conveying land and 

23 facilities under subsection (a), the Secretary shall 

24 comply with all applicable requirements under— 


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1 (A) the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4321 et seq.); 

3 (B) the Endangered Species Act of 1973 

4 (16 U.S.C. 1531 et seq.); and 

5 (C) any other law applicable to the land 

6 and facilities. 

7 (2) EFFECT.—Nothing in this title modifies or 

8 alters any obligations under— 

9 (A) the National Environmental Policy Act 

10 of 1969 (42 U.S.C. 4321 et seq.); or 

11 (B) the Endangered Species Act of 1973 

12 (16 U.S.C. 1531 et seq.). 

13 SEC. 9003. RELATIONSHIP TO UINTA BASIN REPLACEMENT 

14 PROJECT. 

15 After the conveyance authorized under section 3(a), 

16 the United States shall not be liable for damages arising 

17 out of any act, omission, or occurrence relating to the Big 

18 Sand Wash Facilities, Acquired Lands, and Federal 

19 Lands, except for damages caused by acts of negligence 

20 committed by the United States or by any employee or 

21 agent of the United States before the date of the convey22 ance, consistent with chapter 171 of title 28, United 

23 States Code. 


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1 SEC. 9004. REPORT. 

2 If the conveyance authorized by section 3(a) is not 

3 completed by the date that is 12 months after the date 

4 of the enactment of this Title, the Secretary shall submit 

5 to Congress a report that— 

6 (1) describes the status of the conveyance; 

7 (2) describes any obstacles to completing the 

8 conveyance; and 

9 (3) specifies an anticipated date for completion 

10 of the conveyance. 

11 TITLE X—KENNEWICK IRRIGA12 TION DISTRICT TITLE TRANS13 FER ACT 

14 SEC. 10001. DEFINITIONS. 

15 In this title: 

16 (1) AGREEMENT.—The term ‘‘Agreement’’ 

17 means the agreement required under section 2(a). 

18 (2) DISTRICT.—The term ‘‘District’’ means the 

19 Kennewick Irrigation District, located in Benton 

20 County, Washington, which operates and maintains 

21 a portion of the Kennewick Division of the Yakima 

22 Project constructed by the United States to enable 

23 the Kennewick Irrigation District to carry out au24 thorized purposes pursuant to the Act of June 12, 

25 1948 (62 Stat. 382). 


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1 (3) DISTRICT’S HEAD GATE.—The term ‘‘Dis2 trict’s head gate’’ means the point of diversion for 

3 the Kennewick Irrigation District, identified as the 

4 KID Main Canal Headworks at the following loca5 tion: KID Main Canal Headworks, 200 feet east and 

6 1100 feet north, more or less, from the southwest 

corner of section 16, being within the northwest 1 7 ⁄4

of the southwest 1⁄4 of the southwest 1 8 ⁄4 of section 

9 16, T. 9 N., 26 E.W.M. 

10 (4) DIVISION.—The term ‘‘Division’’ means the 

11 Kennewick Division, including the Transferred 

12 Works. 

13 (5) TRANSFERRED WORKS.—The term ‘‘Trans14 ferred Works’’ means the canals, laterals, and ap15 purtenant works and lands, which begin at the Dis16 trict’s head gate and extends approximately 40 miles 

17 east to the Columbia River built to serve the place 

18 of use of the 20,201 acres of currently irrigated irri19 gable lands entitled to delivery of water within the 

20 Kennewick Irrigation District. 

21 (6) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Interior. 

23 SEC. 10002. AGREEMENT, CONVEYANCE, REPORT. 

24 (a) AGREEMENT.—Not later than 2 years after the 

25 date of the enactment of this Act, the Secretary, acting 


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1 through the Bureau of Reclamation, shall enter into an 

2 agreement with the District to determine the legal, institu3 tional, and financial terms related to the conveyance of 

4 the Transferred Works. The Agreement shall be completed 

5 after the requirements in section 5(a) are satisfied. This 

6 Agreement shall be in accordance with and subject to 

7 Memorandum of Agreement No: R18MA13703 between 

8 the District and the Bureau of Reclamation. 

9 (b) CONVEYANCE.—Subject to valid leases, permits, 

10 rights-of-way, easements, and other existing rights and in 

11 accordance the terms and conditions set forth in the 

12 Agreement and this Act, the Secretary shall convey to the 

13 District all right, title, and interest of the United States 

14 in and to the Transferred Works. 

15 (c) REPORT.—If the conveyance authorized by sub16 section (b) is not completed within 2 years after the date 

17 of the enactment of this Act, the Secretary shall submit 

18 to Congress a report that— 

19 (1) describes the status of the conveyance; 

20 (2) describes any obstacles to completing the 

21 conveyance; and 

22 (3) specifies an anticipated date for completion 

23 of the conveyance. 


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1 SEC. 10003. LIABILITY. 

2 (a) DAMAGES.—Except as otherwise provided by law 

3 and for damages caused by acts of negligence committed 

4 by the United States or by its employees or agents, effec5 tive upon the date of the conveyance authorized by section 

6 2, the United States shall not be held liable by any court 

7 for damages of any kind arising out of any act, omission, 

8 or occurrence relating to the Transferred Works. 

9 (b) TORTS CLAIMS.—Nothing in this section in10 creases the liability of the United States beyond that pro11 vided in chapter 171 of title 28, United States Code (pop12 ularly known as the ‘‘Federal Tort Claims Act’’). 

13 SEC. 10004. BENEFITS. 

14 (a) STATUS OF LAND.—After conveyance of the 

15 Transferred Works under this Act, the Transferred Works 

16 shall not be considered to be a part of a Federal reclama17 tion project. 

18 (b) BENEFITS IF ENTIRE DIVISION CONVEYED.—If 

19 the entire Division is conveyed out of Federal ownership, 

20 the District shall not be eligible to receive any benefits, 

21 including project power, with respect to the conveyed Divi22 sion, except benefits that would be available to a similarly 

23 situated entity with respect to property that is not part 

24 of a Federal reclamation project. 


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1 SEC. 10005. COMPLIANCE WITH OTHER LAWS. 

2 (a) COMPLIANCE WITH ENVIRONMENTAL AND HIS3 TORIC PRESERVATION LAWS.—Before making the convey4 ance authorized by this Act, the Secretary shall complete 

5 all actions required under the National Environmental 

6 Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endan7 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), sub8 title III of title 54, United States Code, and all other ap9 plicable laws. 

10 (b) COMPLIANCE BY THE DISTRICT.—After convey11 ance of the Transferred Works under this Act, the District 

12 shall comply with all applicable Federal, State, and local 

13 laws and regulations in its operation of the Transferred 

14 Works. 

15 (c) APPLICABLE AUTHORITY.—All provisions of Fed16 eral Reclamation law (the Act of June 17, 1902 (43 

17 U.S.C. 371 et seq.), and Acts supplemental to and amend18 atory of that Act) shall continue to be applicable to project 

19 water provided to the District. 

20 SEC. 10006. PAYMENT. 

21 (a) ADMINISTRATIVE COSTS.—Except as provided in 

22 subsection (b), administrative costs for conveyance of the 

23 Transferred Works under this Act shall be paid in equal 

24 shares by the Secretary and the District. 

25 (b) REAL ESTATE TRANSFER COST.—Costs of all 

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1 praisals, and other real estate transactions required for 

2 the conveyance of the Transferred Works shall be paid by 

3 the District. 

4 (c) COSTS OF COMPLIANCE WITH OTHER LAWS.— 

5 Costs associated with any review required under the Na6 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

7 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 

8 1531 et seq.), subtitle III of title 54, United States Code, 

9 and all other applicable laws for conveyance of the Trans10 ferred Works shall be paid in equal shares by the Sec11 retary and the District. 

12 SEC. 10007. MISCELLANEOUS. 

13 (a) APPLICABILITY OF OTHER LAW.—Section 1212 

14 of Public Law 103–434 shall apply to and be incorporated 

15 into this Act. 

16 (b) STATUTORY CONSTRUCTION.—Nothing in this 

17 Act shall or shall be construed for any purpose— 

18 (1) to transfer, affect, reduce, modify, or impair 

19 the water rights of any person; 

20 (2) to affect, reduce, modify, or impair the 

21 United States authority to regulate and manage 

22 water in the Yakima Basin, including water diverted 

23 into the Chandler Power Canal and Prosser Dam 

24 through and including the Kennewick Irrigation Dis25 trict’s head gate; 


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1 (3) to change how water is diverted at Prosser 

2 Dam and delivered to the Kennewick Irrigation Dis3 trict through the Chandler pumps through the Dis4 trict’s head gate; and 

5 (4) to affect, reduce, modify, or impair the 

6 United States control, management, and ownership 

7 of the ‘‘Reserved works’’ as defined in the United 

8 States Bureau of Reclamation and Kennewick Irri9 gation District Amendatory Repayment Contract 

10 (1953) (Contract No. 14–06–W–56) as amended, at 

11 pp. 2–3, which Reserved works include but are not 

12 limited to Prosser Dam, the Chandler Power Canal 

13 and hydroelectric and pumping plant, all Yakima 

14 Project facilities, and the siphon under the Yakima 

15 River to the District’s head gate. 

16 SEC. 10008. LIMITATIONS. 

17 After completing the requirements of the National 

18 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

19 seq.), the Secretary of the Interior shall convey title, if 

20 the Secretary affirms in writing to the House Committee 

21 on Natural Resources and the Senate Committee on En22 ergy and Natural Resources that the following criteria 

23 have been met: 

24 (1) The Kennewick Irrigation District agrees to 

25 accept title to the property proposed for transfer. 


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1 (2) The proposed title transfer will not have an 

2 unmitigated negative effect on the environment. 

3 (3) The transfer is consistent with the Sec4 retary’s responsibility to protect land and water re5 sources held in trust for federally recognized Indian 

6 Tribes. 

7 (4) The transfer is consistent with the Sec8 retary’s responsibility to ensure compliance with 

9 international treaties and interstate compacts. 

10 (5) The Kennewick Irrigation District agrees to 

11 provide, as consideration for the assets to be con12 veyed, compensation to the United States worth the 

13 equivalent of the present value of any repayment ob14 ligation to the United States or other income stream 

15 the United States derives from the assets to be 

16 transferred at the time of the transfer. 

17 TITLE XI—WATER RIGHTS 

18 PROTECTION ACT 

19 SEC. 11001. DEFINITIONS. 

20 In this title: 

21 (1) SECRETARY.—The term ‘‘Secretary’’ 

22 means, as applicable— 

23 (A) the Secretary of Agriculture; or 

24 (B) the Secretary of the Interior. 


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1 (2) WATER RIGHT.—The term ‘‘water right’’ 

2 means any surface, groundwater, or storage use 

3 filed, permitted, certificated, confirmed, decreed, ad4 judicated, or otherwise recognized by a judicial pro5 ceeding or by the State in which the user acquires 

6 possession of the water or puts it to beneficial use. 

7 Such term shall include water rights for federally 

8 recognized Indian Tribes. 

9 SEC. 11002. TREATMENT OF WATER RIGHTS. 

10 The Secretary shall not— 

11 (1) condition the issuance, renewal, amendment, 

12 or extension of any permit, approval, license, lease, 

13 allotment, easement, right-of-way, or other land use 

14 or occupancy agreement on the transfer of any water 

15 right (including joint and sole ownership) directly or 

16 indirectly to the United States, or on any impair17 ment of title or interest, in whole or in part, granted 

18 or otherwise recognized under State law, by Federal 

19 or State adjudication, decree, or other judgment, or 

20 pursuant to any interstate water compact; or 

21 (2) require any water user (including any feder22 ally recognized Indian Tribe) to apply for or acquire 

23 a water right in the name of the United States 

24 under State law as a condition of the issuance, re25 newal, amendment, or extension of any permit, apVerDate Sep 11 2014 04:19 Dec 05, 2019 Jkt 099200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H5217.IH H5217

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1 proval, license, lease, allotment, easement, right-of2 way, or other land use or occupancy agreement. 

3 SEC. 11003. POLICY DEVELOPMENT. 

4 In developing any rule, policy, directive, management 

5 plan, or similar Federal action relating to the issuance, 

6 renewal, amendment, or extension of any permit, approval, 

7 license, lease, allotment, easement, right-of-way, or other 

8 land use or occupancy agreement, the Secretary— 

9 (1) shall— 

10 (A) recognize the longstanding authority of 

11 the States relating to evaluating, protecting, al12 locating, regulating, permitting, and adjudi13 cating water use; and 

14 (B) coordinate with the States to ensure 

15 that any rule, policy, directive, management 

16 plan, or similar Federal action is consistent 

17 with, and imposes no greater restriction or reg18 ulatory requirement, than applicable State 

19 water law; and 

20 (2) shall not— 

21 (A) adversely affect— 

22 (i) the authority of a State in— 

23 (I) permitting the beneficial use 

24 of water; or 

25 (II) adjudicating water rights; 


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1 (ii) any definition established by a 

2 State with respect to the term ‘‘beneficial 

3 use’’, ‘‘priority of water rights’’, or ‘‘terms 

4 of use’’; or 

5 (iii) any other right or obligation of a 

6 State established under State law; or 

7 (B) assert any connection between surface 

8 and groundwater that is inconsistent with such 

9 a connection recognized by State water laws. 

10 SEC. 11004. EFFECT. 

11 (a) EXISTING AUTHORITY.—Nothing in this Act lim12 its or expands any existing legally recognized authority of 

13 the Secretary to issue, grant, or condition any permit, ap14 proval, license, lease, allotment, easement, right-of-way, or 

15 other land use or occupancy agreement on Federal land 

16 that is subject to the jurisdiction of the Secretary. 

17 (b) RECLAMATION CONTRACTS.—Nothing in this Act 

18 in any way interferes with any existing or future Bureau 

19 of Reclamation contract entered into pursuant to Federal 

20 Reclamation law (the Act of June 17, 1902 (32 Stat. 388, 

21 chapter 1093), and Acts supplemental to and amendatory 

22 of that Act). 

23 (c) ENDANGERED SPECIES ACT.—Nothing in this 

24 Act affects the implementation of the Endangered Species 

25 Act of 1973 (16 U.S.C. 1531 et seq.). 


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1 (d) FEDERAL RESERVED WATER RIGHTS.—Nothing 

2 in this Act limits or expands any existing reserved water 

3 rights of the Federal Government on land administered 

4 by the Secretary. 

5 (e) FEDERAL POWER ACT.—Nothing in this Act lim6 its or expands authorities pursuant to section 4(e), 10(j), 

7 or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 

8 811). 

9 (f) INDIAN WATER RIGHTS.—Nothing in this Act 

10 limits or expands any existing reserved water right or trea11 ty right of any federally recognized Indian Tribe. 

12 (g) FEDERALLY HELD STATE WATER RIGHTS.— 

13 Nothing in this Act limits the ability of the Secretary, 

14 through applicable State procedures, to acquire, use, en15 force, or protect a State water right owned by the United 

16 States. 

17 TITLE XII—COULEE DAM 

18 REDESIGNATION 

19 SEC. 12001. REDESIGNATION OF FACILITY. 

20 The facility of the Bureau of Reclamation located at 

21 Highway–155, Coulee Dam, Washington 99116, known as 

22 the Third Powerplant, shall be known and designated as 

23 the ‘‘Nathaniel ‘Nat’ Washington Power Plant’’. 


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1 SEC. 12002. REFERENCES. 

2 Any reference in a law, map, regulation, document, 

3 paper or other record of the United States to the facility 

4 referred to in section 1 shall be deemed to be a reference 

5 to the Nathaniel ‘‘Nat’’ Washington Power Plant. 

6 TITLE XIII—NUTRIA ERADI7 CATION AND CONTROL ACT 

8 REAUTHORIZATION 

9 SEC. 13001. NUTRIA ERADICATION. 

10 The Nutria Eradication and Control Act of 2003 

11 (Public Law 108–16) is amended— 

12 (1) in section 2— 

13 (A) in subsection (a)— 

14 (i) in paragraph (1), by striking 

15 ‘‘Wetlands and tidal marshes of the Chesa16 peake Bay and in Louisiana’’ and inserting 

17 ‘‘Wetlands, tidal marshes, and agricultural 

18 lands’’; 

19 (ii) in paragraph (2), by striking ‘‘in 

20 Maryland and Louisiana’’; and 

21 (iii) in paragraph (3), by striking ‘‘in 

22 Maryland’’ and all that follows to the pe23 riod and inserting ‘‘Consequently, marsh 

24 loss, loss of public and private wetlands, 

25 and loss of agricultural lands are accel26 erating.’’; and 


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1 (B) in subsection (b), by striking ‘‘the 

2 State of Maryland and the State of Louisiana’’ 

3 and inserting ‘‘any state that has demonstrated 

4 the need’’; and 

5 (2) in section 3— 

6 (A) by amending subsection (a) to read as 

7 follows: 

8 ‘‘(a) GRANT AUTHORITY.—The Secretary of the Inte9 rior (referred to in this Act as the ‘Secretary’), subject 

10 to the availability of appropriations, may provide financial 

11 assistance to any state that has demonstrated to the Sec12 retary sufficient need for a program to implement meas13 ures to eradicate or control nutria and restore marshland, 

14 public and private wetlands, and agricultural lands dam15 aged by nutria.’’; 

16 (B) by amending subsection (b) to read as 

17 follows: 

18 ‘‘(b) GOALS.—The goals of the program shall be to— 

19 ‘‘(1) eradicate or control nutria in affected 

20 States; 

21 ‘‘(2) restore marshland, public and private wet22 lands, and agricultural lands damaged by nutria.’’; 

23 and 

24 (C) in subsection (f), by striking 

25 ‘‘$4,000,000’’ and all that follows and inserting 


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1 ‘‘12,000,000 for any qualifying state program 

2 for each of fiscal years 2021 through 2025.’’. 

3 SEC. 13002. DEAUTHORIZATIONS. 

4 The following projects authorized by section 1638 of 

5 the Reclamation Projects Authorization and Adjustment 

6 Act of 1992 (43 U.S.C. 390h–20; Public Law 102–575) 

7 are hereby deauthorized: 

8 (1) Kalaeloa Seawater Desalination Project. 

9 (2) Lahaina Water Recycling Project #3. 

10 (3) Kealakehe Water Recycling Project. 

Æ 


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