II 

115TH CONGRESS 

1ST SESSION S. 677 

To authorize the Secretary of the Interior to coordinate Federal and State 

permitting processes related to the construction of new surface water 

storage projects on lands under the jurisdiction of the Secretary of 

the Interior and the Secretary of Agriculture and to designate the Bureau 

of Reclamation as the lead agency for permit processing, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2017 

Mr. BARRASSO (for himself, Mr. FLAKE, Mr. MCCAIN, Mr. HELLER, Mr. 

ENZI, and Mr. RISCH) introduced the following bill; which was read twice 

and referred to the Committee on Energy and Natural Resources 

A BILL 

To authorize the Secretary of the Interior to coordinate 

Federal and State permitting processes related to the 

construction of new surface water storage projects on 

lands under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture and to designate 

the Bureau of Reclamation as the lead agency for permit 

processing, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Water Supply Permit3 ting Coordination Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) BUREAU.—The term ‘‘Bureau’’ means the 

7 Bureau of Reclamation. 

8 (2) COOPERATING AGENCIES.—The term ‘‘co9 operating agency’’ means a Federal agency with ju10 risdiction over a review, analysis, opinion, statement, 

11 permit, license, or other approval or decision re12 quired for a qualifying project under applicable Fed13 eral laws and regulations, or a State agency subject 

14 to section 3(c). 

15 (3) QUALIFYING PROJECTS.—The term ‘‘quali16 fying projects’’ means new surface water storage 

17 projects in the States covered under the Act of June 

18 17, 1902 (32 Stat. 388, chapter 1093), and Acts 

19 supplemental to and amendatory of that Act (43 

20 U.S.C. 371 et seq.) constructed on lands adminis21 tered by the Department of the Interior or the De22 partment of Agriculture, exclusive of any easement, 

23 right-of-way, lease, or any private holding. 

24 (4) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 


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1 SEC. 3. ESTABLISHMENT OF LEAD AGENCY AND COOPER2 ATING 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. 4. 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 

25 environmental record on which all cooperating agenVerDate Sep 11 2014 04:15 Mar 23, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S677.IS S677

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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. 5. 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. 6. 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 

25 funds contributed by a non-Federal public entity to expeVerDate Sep 11 2014 04:15 Mar 23, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S677.IS S677

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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) IN GENERAL.—In carrying out this section, 

5 the Secretary shall ensure that the use of funds ac6 cepted under subsection (a) will not substantively or 

7 procedurally impact impartial decisionmaking with 

8 respect to permits. 

9 (2) EVALUATION OF PERMITS.—In carrying out 

10 this section, the Secretary shall ensure that the eval11 uation of permits carried out using funds accepted 

12 under this section shall— 

13 (A) be reviewed by the Regional Director 

14 of the Bureau of the region in which the quali15 fying project or activity is located (or a des16 ignee); and 

17 (B) use the same procedures for decisions 

18 that would otherwise be required for the evalua19 tion of permits for similar projects or activities 

20 not carried out using funds authorized under 

21 this section. 

22 (3) IMPARTIAL DECISIONMAKING.—In carrying 

23 out this section, the Secretary and the head of each 

24 cooperating agency receiving funds under this sec25 tion for a qualifying project shall ensure that the use 


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1 of the funds accepted under this section for the 

2 qualifying project shall not— 

3 (A) substantively or procedurally impact 

4 impartial decisionmaking with respect to the 

5 issuance of permits; or 

6 (B) diminish, modify, or otherwise affect 

7 the statutory or regulatory authorities of the 

8 cooperating agency. 

9 (c) LIMITATION ON USE OF FUNDS.—None of the 

10 funds accepted under this section shall be used to carry 

11 out a review of the evaluation of permits required under 

12 subsection (b)(2)(A). 

13 (d) PUBLIC AVAILABILITY.—The Secretary shall en14 sure that all final permit decisions carried out using funds 

15 authorized under this section are made available to the 

16 public, including on the Internet. 

Æ 


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