I 

115TH CONGRESS 

1ST SESSION H. R. 875 

To facilitate and streamline the Bureau of Reclamation process for creating 

or expanding water storage, rural water supply, and water recycling 

projects under Reclamation law, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2017 

Mr. NEWHOUSE introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To facilitate and streamline the Bureau of Reclamation process for creating or expanding water storage, rural water 

supply, and water recycling projects under Reclamation 

law, 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 ‘‘Bureau of Reclamation 

5 Water Project Streamlining Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ENVIRONMENTAL IMPACT STATEMENT.— 

2 The term ‘‘environmental impact statement’’ means 

3 the detailed statement of environmental impacts of 

4 a project required to be prepared pursuant to the 

5 National Environmental Policy Act of 1969 (42 

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

7 (2) ENVIRONMENTAL REVIEW PROCESS.— 

8 (A) IN GENERAL.—The term ‘‘environ9 mental review process’’ means the process of 

10 preparing an environmental impact statement, 

11 environmental assessment, categorical exclusion, 

12 or other document under the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 et 

14 seq.) for a project study. 

15 (B) INCLUSIONS.—The term ‘‘environ16 mental review process’’ includes the process for 

17 and completion of any environmental permit, 

18 approval, review, or study required for a project 

19 study under any Federal law other than the 

20 National Environmental Policy Act of 1969 (42 

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

22 (3) FEDERAL JURISDICTIONAL AGENCY.—The 

23 term ‘‘Federal jurisdictional agency’’ means a Fed24 eral agency with jurisdiction delegated by law, regu25 lation, order, or otherwise over a review, analysis, 


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

2 or decision required for a project study under appli3 cable Federal laws (including regulations). 

4 (4) FEDERAL LEAD AGENCY.—The term ‘‘Fed5 eral lead agency’’ means the Bureau of Reclamation. 

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

7 surface water project, a project under the purview of 

8 title XVI of Public Law 102–575, or a rural water 

9 supply project investigated under Public Law 109– 

10 451 to be carried out, funded or operated in whole 

11 or in party by the Secretary pursuant to the Act of 

12 June 17, 1902 (32 Stat. 388, chapter 1093), and 

13 Acts supplemental to and amendatory of that Act 

14 (43 U.S.C. 371 et seq.). 

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

16 sponsor’’ means a State, regional, or local authority 

17 or instrumentality or other qualifying entity, such as 

18 a water conservation district, irrigation district, 

19 water conservancy district, joint powers authority, 

20 mutual water company, canal company, rural water 

21 district or association, or any other entity that has 

22 the capacity to contract with the United States 

23 under Federal reclamation law. 

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

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


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

2 388, chapter 1093), and Acts supplemental to and 

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

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

5 the Secretary of the Interior. 

6 (9) SURFACE WATER STORAGE.—The term 

7 ‘‘surface water storage’’ means any surface water 

8 reservoir or impoundment that would be owned, 

9 funded or operated in whole or in part by the Bu10 reau of Reclamation or that would be integrated into 

11 a larger system owned, operated or administered in 

12 whole or in part by the Bureau of Reclamation. 

13 SEC. 3. ACCELERATION OF STUDIES. 

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

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

16 enactment of this Act, under the Reclamation Act of 1902 

17 (32 Stat. 388), and all Acts amendatory thereof or supple18 mentary thereto, shall— 

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

20 report not later than 3 years after the date of initi21 ation; 

22 (2) have a maximum Federal cost of 

23 $3,000,000; and 

24 (3) ensure that personnel from the local project 

25 area, region, and headquarters levels of the Bureau 


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1 of Reclamation concurrently conduct the review re2 quired under that section. 

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

4 project study described in subsection (a) will not be con5 ducted in accordance with subsection (a), the Secretary, 

6 not later than 30 days after the date of making the deter7 mination, shall— 

8 (1) prepare an updated project study schedule 

9 and cost estimate; 

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

11 partner that the project study has been delayed; and 

12 (3) provide written notice to the Committee on 

13 Natural Resources of the House of Representatives 

14 and the Committee on Energy and Natural Re15 sources of the Senate as to the reasons the require16 ments of subsection (a) are not attainable. 

17 (c) EXCEPTION.— 

18 (1) IN GENERAL.—Notwithstanding the re19 quirements of subsection (a), the Secretary may ex20 tend the timeline of a project study by a period not 

21 to exceed 3 years, if the Secretary determines that 

22 the project study is too complex to comply with the 

23 requirements of subsection (a). 

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

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1 ments of subsection (a), the Secretary shall con2 sider— 

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

4 overall cost of the project; 

5 (B) whether the project will use any inno6 vative design or construction techniques; 

7 (C) whether the project will require signifi8 cant action by other Federal, State, or local 

9 agencies; 

10 (D) whether there is significant public dis11 pute as to the nature or effects of the project; 

12 and 

13 (E) whether there is significant public dis14 pute as to the economic or environmental costs 

15 or benefits of the project. 

16 (3) NOTIFICATION.—Each time the Secretary 

17 makes a determination under this subsection, the 

18 Secretary shall provide written notice to the Com19 mittee on Natural Resources of the House of Rep20 resentatives and the Committee on Energy and Nat21 ural Resources of the Senate as to the results of 

22 that determination, including an identification of the 

23 specific one or more factors used in making the de24 termination that the project is complex. 


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1 (4) LIMITATION.—The Secretary shall not ex2 tend the timeline for a project study for a period of 

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

4 completed before that date shall no longer be au5 thorized. 

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

7 of the initiation of a project study described in subsection 

8 (a), the Secretary shall— 

9 (1) take all steps necessary to initiate the proc10 ess for completing federally mandated reviews that 

11 the Secretary is required to complete as part of the 

12 study, including the environmental review process 

13 under section 5; 

14 (2) convene a meeting of all Federal, tribal, and 

15 State agencies identified under section 5(d) that 

16 may— 

17 (A) have jurisdiction over the project; 

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

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

20 project study; or 

21 (C) be required to make a determination 

22 on issuing a permit, license, or other approval 

23 or decision for the project study; and 

24 (3) take all steps necessary to provide informa25 tion that will enable required reviews and analyses 


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1 related to the project to be conducted by other agen2 cies in a thorough and timely manner. 

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

4 after the date of enactment of this Act, the Secretary shall 

5 submit to the Committee on Natural Resources of the 

6 House of Representatives and the Committee on Energy 

7 and Natural Resources of the Senate and make publicly 

8 available a report that describes— 

9 (1) the status of the implementation of the 

10 planning process under this section, including the 

11 number of participating projects; 

12 (2) a review of project delivery schedules, in13 cluding a description of any delays on those studies 

14 initiated prior to the date of the enactment of this 

15 Act; and 

16 (3) any recommendations for additional author17 ity necessary to support efforts to expedite the 

18 project. 

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

20 date of enactment of this Act, the Secretary shall submit 

21 to the Committee on Natural Resources of the House of 

22 Representatives and the Committee on Energy and Nat23 ural Resources of the Senate and make publicly available 

24 a report that describes— 


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1 (1) the status of the implementation of this sec2 tion, including a description of each project study 

3 subject to the requirements of this section; 

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

5 project study; and 

6 (3) any recommendations for additional author7 ity necessary to support efforts to expedite the 

8 project study process, including an analysis of 

9 whether the limitation established by subsection 

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

11 of inflation. 

12 SEC. 4. EXPEDITED COMPLETION OF REPORTS. 

13 The Secretary shall— 

14 (1) expedite the completion of any ongoing 

15 project study initiated before the date of enactment 

16 of this Act; and 

17 (2) if the Secretary determines that the project 

18 is justified in a completed report, proceed directly to 

19 preconstruction planning, engineering, and design of 

20 the project in accordance with the Reclamation Act 

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

22 thereof or supplementary thereto. 

23 SEC. 5. PROJECT ACCELERATION. 

24 (a) APPLICABILITY.— 

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


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1 (A) each project study that is initiated 

2 after the date of enactment of this Act and for 

3 which an environmental impact statement is 

4 prepared under the National Environmental 

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

6 (B) the extent determined appropriate by 

7 the Secretary, to other project studies initiated 

8 before the date of enactment of this Act and for 

9 which an environmental review process docu10 ment is prepared under the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et 

12 seq.); and 

13 (C) any project study for the development 

14 of a non-federally owned and operated surface 

15 water storage project for which the Secretary 

16 determines there is a demonstrable Federal in17 terest and the project— 

18 (i) is located in a river basin where 

19 other Bureau of Reclamation water 

20 projects are located; 

21 (ii) will create additional water sup22 plies that support Bureau of Reclamation 

23 water projects; or 


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1 (iii) will become integrated into the 

2 operation of Bureau of Reclamation water 

3 projects. 

4 (2) FLEXIBILITY.—Any authority granted 

5 under this section may be exercised, and any re6 quirement established under this section may be sat7 isfied, for the conduct of an environmental review 

8 process for a project study, a class of project stud9 ies, or a program of project studies. 

10 (3) LIST OF PROJECT STUDIES.— 

11 (A) IN GENERAL.—The Secretary shall an12 nually prepare, and make publicly available, a 

13 list of all project studies that the Secretary has 

14 determined— 

15 (i) meets the standards described in 

16 paragraph (1); and 

17 (ii) does not have adequate funding to 

18 make substantial progress toward the com19 pletion of the project study. 

20 (B) INCLUSIONS.—The Secretary shall in21 clude for each project study on the list under 

22 subparagraph (A) a description of the estimated 

23 amounts necessary to make substantial progress 

24 on the project study. 

25 (b) PROJECT REVIEW PROCESS.— 


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

2 and implement a coordinated environmental review 

3 process for the development of project studies. 

4 (2) COORDINATED REVIEW.—The coordinated 

5 environmental review process described in paragraph 

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

7 statement, permit, license, or other approval or deci8 sion issued or made by a Federal, State, or local 

9 governmental agency or an Indian tribe for a project 

10 study described in subsection (b) be conducted, to 

11 the maximum extent practicable, concurrently with 

12 any other applicable governmental agency or Indian 

13 tribe. 

14 (3) TIMING.—The coordinated environmental 

15 review process under this subsection shall be com16 pleted not later than the date on which the Sec17 retary, in consultation and concurrence with the 

18 agencies identified under section 5(d), establishes 

19 with respect to the project study. 

20 (c) LEAD AGENCIES.— 

21 (1) JOINT LEAD AGENCIES.— 

22 (A) IN GENERAL.—Subject to the require23 ments of the National Environmental Policy 

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

25 requirements of section 1506.8 of title 40, Code 


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1 of Federal Regulations (or successor regula2 tions), including the concurrence of the pro3 posed joint lead agency, a project sponsor may 

4 serve as the joint lead agency. 

5 (B) PROJECT SPONSOR AS JOINT LEAD

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

7 local governmental entity may— 

8 (i) with the concurrence of the Sec9 retary, serve as a joint lead agency with 

10 the Federal lead agency for purposes of 

11 preparing any environmental document 

12 under the National Environmental Policy 

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

14 (ii) prepare any environmental review 

15 process document under the National En16 vironmental Policy Act of 1969 (42 U.S.C. 

17 4321 et seq.) required in support of any 

18 action or approval by the Secretary if— 

19 (I) the Secretary provides guid20 ance in the preparation process and 

21 independently evaluates that docu22 ment; 

23 (II) the project sponsor complies 

24 with all requirements applicable to the 

25 Secretary under— 


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1 (aa) the National Environ2 mental Policy Act of 1969 (42 

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

4 (bb) any regulation imple5 menting that Act; and 

6 (cc) any other applicable 

7 Federal law; and 

8 (III) the Secretary approves and 

9 adopts the document before the Sec10 retary takes any subsequent action or 

11 makes any approval based on that 

12 document, regardless of whether the 

13 action or approval of the Secretary re14 sults in Federal funding. 

15 (2) DUTIES.—The Secretary shall ensure 

16 that— 

17 (A) the project sponsor complies with all 

18 design and mitigation commitments made joint19 ly by the Secretary and the project sponsor in 

20 any environmental document prepared by the 

21 project sponsor in accordance with this sub22 section; and 

23 (B) any environmental document prepared 

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1 mented to address any changes to the project 

2 the Secretary determines are necessary. 

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

4 environmental document prepared in accordance 

5 with this subsection shall be adopted and used by 

6 any Federal agency making any determination re7 lated to the project study to the same extent that 

8 the Federal agency could adopt or use a document 

9 prepared by another Federal agency under— 

10 (A) the National Environmental Policy Act 

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

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

13 Code of Federal Regulations (or successor regu14 lations). 

15 (4) ROLES AND RESPONSIBILITY OF LEAD

16 AGENCY.—With respect to the environmental review 

17 process for any project study, the Federal lead agen18 cy shall have authority and responsibility— 

19 (A) to take such actions as are necessary 

20 and proper and within the authority of the Fed21 eral lead agency to facilitate the expeditious 

22 resolution of the environmental review process 

23 for the project study; and 

24 (B) to prepare or ensure that any required 

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1 ronmental review document for a project study 

2 required to be completed under the National 

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

4 4321 et seq.) is completed in accordance with 

5 this section and applicable Federal law. 

6 (d) PARTICIPATING AND COOPERATING AGENCIES.— 

7 (1) IDENTIFICATION OF JURISDICTIONAL AGEN8 CIES.—With respect to carrying out the environ9 mental review process for a project study, the Sec10 retary shall identify, as early as practicable in the 

11 environmental review process, all Federal, State, and 

12 local government agencies and Indian tribes that 

13 may— 

14 (A) have jurisdiction over the project; 

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

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

17 project study; or 

18 (C) be required to make a determination 

19 on issuing a permit, license, or other approval 

20 or decision for the project study. 

21 (2) STATE AUTHORITY.—If the environmental 

22 review process is being implemented by the Sec23 retary for a project study within the boundaries of 

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


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1 choose to participate in the process and to make 

2 subject to the process all State agencies that— 

3 (A) have jurisdiction over the project; 

4 (B) are required to conduct or issue a re5 view, analysis, opinion, or statement for the 

6 project study; or 

7 (C) are required to make a determination 

8 on issuing a permit, license, or other approval 

9 or decision for the project study. 

10 (3) INVITATION.— 

11 (A) IN GENERAL.—The Federal lead agen12 cy shall invite, as early as practicable in the en13 vironmental review process, any agency identi14 fied under paragraph (1) to become a partici15 pating or cooperating agency, as applicable, in 

16 the environmental review process for the project 

17 study. 

18 (B) DEADLINE.—An invitation to partici19 pate issued under subparagraph (A) shall set a 

20 deadline by which a response to the invitation 

21 shall be submitted, which may be extended by 

22 the Federal lead agency for good cause. 

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

24 Code of Federal Regulations (as in effect on the 

25 date of enactment of the Bureau of Reclamation 


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1 Project Streamlining Act), shall govern the identi2 fication and the participation of a cooperating agen3 cy. 

4 (5) FEDERAL COOPERATING AGENCIES.—Any 

5 Federal agency that is invited by the Federal lead 

6 agency to participate in the environmental review 

7 process for a project study shall be designated as a 

8 cooperating agency by the Federal lead agency un9 less the invited agency informs the Federal lead 

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

11 invitation that the invited agency— 

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

13 respect to the project; 

14 (ii) has no expertise or information rel15 evant to the project; or 

16 (iii) does not have adequate funds to par17 ticipate in the project; and 

18 (B) does not intend to submit comments 

19 on the project. 

20 (6) ADMINISTRATION.—A participating or co21 operating agency shall comply with this section and 

22 any schedule established under this section. 

23 (7) EFFECT OF DESIGNATION.—Designation as 

24 a participating or cooperating agency under this 


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1 subsection shall not imply that the participating or 

2 cooperating agency— 

3 (A) supports a proposed project; or 

4 (B) has any jurisdiction over, or special ex5 pertise with respect to evaluation of, the 

6 project. 

7 (8) CONCURRENT REVIEWS.—Each partici8 pating or cooperating agency shall— 

9 (A) carry out the obligations of that agen10 cy under other applicable law concurrently and 

11 in conjunction with the required environmental 

12 review process, unless doing so would prevent 

13 the participating or cooperating agency from 

14 conducting needed analysis or otherwise car15 rying out those obligations; and 

16 (B) formulate and implement administra17 tive, policy, and procedural mechanisms to en18 able the agency to ensure completion of the en19 vironmental review process in a timely, coordi20 nated, and environmentally responsible manner. 

21 (e) NON-FEDERAL PROJECTS INTEGRATED INTO

22 RECLAMATION SYSTEMS.—The Federal lead agency shall 

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

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


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1 operated or administered in whole or in part by the Bu2 reau of Reclamation. 

3 (f) NON-FEDERAL PROJECT.—If the Secretary deter4 mines that a project can be expedited by a non-Federal 

5 sponsor and that there is a demonstrable Federal interest 

6 in expediting that project, the Secretary shall take such 

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

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

9 into agreements with the non-Federal sponsor of such 

10 project to support the planning, design and permitting of 

11 such project as a non-Federal project. 

12 (g) PROGRAMMATIC COMPLIANCE.— 

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

14 guidance regarding the use of programmatic ap15 proaches to carry out the environmental review proc16 ess that— 

17 (A) eliminates repetitive discussions of the 

18 same issues; 

19 (B) focuses on the actual issues ripe for 

20 analyses at each level of review; 

21 (C) establishes a formal process for coordi22 nating with participating and cooperating agen23 cies, including the creation of a list of all data 

24 that are needed to carry out an environmental 

25 review process; and 


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1 (D) complies with— 

2 (i) the National Environmental Policy 

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

4 (ii) all other applicable laws. 

5 (2) REQUIREMENTS.—In carrying out para6 graph (1), the Secretary shall— 

7 (A) as the first step in drafting guidance 

8 under that paragraph, consult with relevant 

9 Federal, State, and local governmental agen10 cies, Indian tribes, and the public on the appro11 priate use and scope of the programmatic ap12 proaches; 

13 (B) emphasize the importance of collabora14 tion among relevant Federal, State, and local 

15 governmental agencies, and Indian tribes in un16 dertaking programmatic reviews, especially with 

17 respect to including reviews with a broad geo18 graphical scope; 

19 (C) ensure that the programmatic re20 views— 

21 (i) promote transparency, including of 

22 the analyses and data used in the environ23 mental review process, the treatment of 

24 any deferred issues raised by Federal, 

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1 dian tribes, or the public, and the temporal 

2 and special scales to be used to analyze 

3 those issues; 

4 (ii) use accurate and timely informa5 tion in the environmental review process, 

6 including— 

7 (I) criteria for determining the 

8 general duration of the usefulness of 

9 the review; and 

10 (II) the timeline for updating any 

11 out-of-date review; 

12 (iii) describe— 

13 (I) the relationship between pro14 grammatic analysis and future tiered 

15 analysis; and 

16 (II) the role of the public in the 

17 creation of future tiered analysis; and 

18 (iv) are available to other relevant 

19 Federal, State, and local governmental 

20 agencies, Indian tribes, and the public; 

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

22 notice and comment on any proposed guidance; 

23 and 

24 (E) address any comments received under 

25 subparagraph (D). 


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1 (h) COORDINATED REVIEWS.— 

2 (1) COORDINATION PLAN.— 

3 (A) ESTABLISHMENT.—The Federal lead 

4 agency shall, after consultation with and with 

5 the concurrence of each participating and co6 operating agency and the project sponsor or 

7 joint lead agency, as applicable, establish a plan 

8 for coordinating public and agency participation 

9 in, and comment on, the environmental review 

10 process for a project study or a category of 

11 project studies. 

12 (B) SCHEDULE.— 

13 (i) IN GENERAL.—As soon as prac14 ticable but not later than 45 days after the 

15 close of the public comment period on a 

16 draft environmental impact statement, the 

17 Federal lead agency, after consultation 

18 with and the concurrence of each partici19 pating and cooperating agency and the 

20 project sponsor or joint lead agency, as ap21 plicable, shall establish, as part of the co22 ordination plan established in subpara23 graph (A), a schedule for completion of the 

24 environmental review process for the 

25 project study. 


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1 (ii) FACTORS FOR CONSIDERATION.— 

2 In establishing a schedule, the Secretary 

3 shall consider factors such as— 

4 (I) the responsibilities of partici5 pating and cooperating agencies under 

6 applicable laws; 

7 (II) the resources available to the 

8 project sponsor, joint lead agency, and 

9 other relevant Federal and State 

10 agencies, as applicable; 

11 (III) the overall size and com12 plexity of the project; 

13 (IV) the overall schedule for and 

14 cost of the project; and 

15 (V) the sensitivity of the natural 

16 and historical resources that could be 

17 affected by the project. 

18 (iii) MODIFICATIONS.—The Secretary 

19 may— 

20 (I) lengthen a schedule estab21 lished under clause (i) for good cause; 

22 and 

23 (II) shorten a schedule only with 

24 concurrence of the affected partici25 pating and cooperating agencies and 


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1 the project sponsor or joint lead agen2 cy, as applicable. 

3 (iv) DISSEMINATION.—A copy of a 

4 schedule established under clause (i) shall 

5 be— 

6 (I) provided to each participating 

7 and cooperating agency and the 

8 project sponsor or joint lead agency, 

9 as applicable; and 

10 (II) made available to the public. 

11 (2) COMMENT DEADLINES.—The Federal lead 

12 agency shall establish the following deadlines for 

13 comment during the environmental review process 

14 for a project study: 

15 (A) DRAFT ENVIRONMENTAL IMPACT

16 STATEMENTS.—For comments by Federal and 

17 State agencies and the public on a draft envi18 ronmental impact statement, a period of not 

19 more than 60 days after publication in the Fed20 eral Register of notice of the date of public 

21 availability of the draft environmental impact 

22 statement, unless— 

23 (i) a different deadline is established 

24 by agreement of the Federal lead agency, 

25 the project sponsor or joint lead agency, as 


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1 applicable, and all participating and co2 operating agencies; or 

3 (ii) the deadline is extended by the 

4 Federal lead agency for good cause. 

5 (B) OTHER ENVIRONMENTAL REVIEW

6 PROCESSES.—For all other comment periods es7 tablished by the Federal lead agency for agency 

8 or public comments in the environmental review 

9 process, a period of not more than 30 days 

10 after the date on which the materials on which 

11 comment is requested are made available, un12 less— 

13 (i) a different deadline is established 

14 by agreement of the Federal lead agency, 

15 the project sponsor, or joint lead agency, 

16 as applicable, and all participating and co17 operating agencies; or 

18 (ii) the deadline is extended by the 

19 Federal lead agency for good cause. 

20 (3) DEADLINES FOR DECISIONS UNDER OTHER

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

22 Federal law relating to a project study, including the 

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

24 to be made by the date described in subsection 

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1 mittee on Natural Resources of the House of Rep2 resentatives and the Committee on Energy and Nat3 ural Resources of the Senate— 

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

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

6 initial notice of the failure of the Federal agen7 cy to make the decision; and 

8 (B) every 60 days thereafter until such 

9 date as all decisions of the Federal agency re10 lating to the project study have been made by 

11 the Federal agency, an additional notice that 

12 describes the number of decisions of the Fed13 eral agency that remain outstanding as of the 

14 date of the additional notice. 

15 (4) INVOLVEMENT OF THE PUBLIC.—Nothing 

16 in this subsection reduces any time period provided 

17 for public comment in the environmental review 

18 process under applicable Federal law (including reg19 ulations). 

20 (5) TRANSPARENCY REPORTING.— 

21 (A) REPORTING REQUIREMENTS.—Not 

22 later than 1 year after the date of enactment of 

23 this Act, the Secretary shall establish and main24 tain an electronic database and, in coordination 

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1 porting requirements to make publicly available 

2 the status and progress with respect to compli3 ance with applicable requirements of the Na4 tional Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.) and any other Federal, 

6 State, or local approval or action required for a 

7 project study for which this section is applica8 ble. 

9 (B) PROJECT STUDY TRANSPARENCY.— 

10 Consistent with the requirements established 

11 under subparagraph (A), the Secretary shall 

12 make publicly available the status and progress 

13 of any Federal, State, or local decision, action, 

14 or approval required under applicable laws for 

15 each project study for which this section is ap16 plicable. 

17 (i) ISSUE IDENTIFICATION AND RESOLUTION.— 

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

19 the cooperating agencies, and any participating 

20 agencies shall work cooperatively in accordance with 

21 this section to identify and resolve issues that could 

22 delay completion of the environmental review process 

23 or result in the denial of any approval required for 

24 the project study under applicable laws. 


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1 (2) FEDERAL LEAD AGENCY RESPONSIBIL2 ITIES.— 

3 (A) IN GENERAL.—The Federal lead agen4 cy shall make information available to the co5 operating agencies and participating agencies as 

6 early as practicable in the environmental review 

7 process regarding the environmental and socio8 economic resources located within the project 

9 area and the general locations of the alter10 natives under consideration. 

11 (B) DATA SOURCES.—The information 

12 under subparagraph (A) may be based on exist13 ing data sources, including geographic informa14 tion systems mapping. 

15 (3) COOPERATING AND PARTICIPATING AGENCY

16 RESPONSIBILITIES.—Based on information received 

17 from the Federal lead agency, cooperating and par18 ticipating agencies shall identify, as early as prac19 ticable, any issues of concern regarding the potential 

20 environmental or socioeconomic impacts of the 

21 project, including any issues that could substantially 

22 delay or prevent an agency from granting a permit 

23 or other approval that is needed for the project 

24 study. 


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1 (4) ACCELERATED ISSUE RESOLUTION AND

2 ELEVATION.— 

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

4 participating or cooperating agency or project 

5 sponsor, the Secretary shall convene an issue 

6 resolution meeting with the relevant partici7 pating and cooperating agencies and the project 

8 sponsor or joint lead agency, as applicable, to 

9 resolve issues that may— 

10 (i) delay completion of the environ11 mental review process; or 

12 (ii) result in denial of any approval re13 quired for the project study under applica14 ble laws. 

15 (B) MEETING DATE.—A meeting requested 

16 under this paragraph shall be held not later 

17 than 21 days after the date on which the Sec18 retary receives the request for the meeting, un19 less the Secretary determines that there is good 

20 cause to extend that deadline. 

21 (C) NOTIFICATION.—On receipt of a re22 quest for a meeting under this paragraph, the 

23 Secretary shall notify all relevant participating 

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1 ing the issue to be resolved and the date for the 

2 meeting. 

3 (D) ELEVATION OF ISSUE RESOLUTION.— 

4 If a resolution cannot be achieved within the 

5 30-day period beginning on the date of a meet6 ing under this paragraph and a determination 

7 is made by the Secretary that all information 

8 necessary to resolve the issue has been ob9 tained, the Secretary shall forward the dispute 

10 to the heads of the relevant agencies for resolu11 tion. 

12 (E) CONVENTION BY SECRETARY.—The 

13 Secretary may convene an issue resolution 

14 meeting under this paragraph at any time, at 

15 the discretion of the Secretary, regardless of 

16 whether a meeting is requested under subpara17 graph (A). 

18 (5) FINANCIAL PENALTY PROVISIONS.— 

19 (A) IN GENERAL.—A Federal jurisdictional 

20 agency shall complete any required approval or 

21 decision for the environmental review process 

22 on an expeditious basis using the shortest exist23 ing applicable process. 

24 (B) FAILURE TO DECIDE.— 

25 (i) IN GENERAL.— 


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1 (I) TRANSFER OF FUNDS.—If a 

2 Federal jurisdictional agency fails to 

3 render a decision required under any 

4 Federal law relating to a project study 

5 that requires the preparation of an 

6 environmental impact statement or 

7 environmental assessment, including 

8 the issuance or denial of a permit, li9 cense, statement, opinion, or other ap10 proval by the date described in clause 

11 (ii), the amount of funds made avail12 able to support the office of the head 

13 of the Federal jurisdictional agency 

14 shall be reduced by an amount of 

15 funding equal to the amount specified 

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

17 and those funds shall be made avail18 able to the division of the Federal ju19 risdictional agency charged with ren20 dering the decision by not later than 

21 1 day after the applicable date under 

22 clause (ii), and once each week there23 after until a final decision is rendered, 

24 subject to subparagraph (C). 


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1 (II) AMOUNT TO BE TRANS2 FERRED.—The amount referred to in 

3 subclause (I) is— 

4 (aa) $20,000 for any project 

5 study requiring the preparation 

6 of an environmental assessment 

7 or environmental impact state8 ment; or 

9 (bb) $10,000 for any project 

10 study requiring any type of re11 view under the National Environ12 mental Policy Act of 1969 (42 

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

14 an environmental assessment or 

15 environmental impact statement. 

16 (ii) DESCRIPTION OF DATE.—The 

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

18 of— 

19 (I) the date that is 180 days 

20 after the date on which an application 

21 for the permit, license, or approval is 

22 complete; and 

23 (II) the date that is 180 days 

24 after the date on which the Federal 

25 lead agency issues a decision on the 


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1 project under the National Environ2 mental Policy Act of 1969 (42 U.S.C. 

3 4321 et seq.). 

4 (C) LIMITATIONS.— 

5 (i) IN GENERAL.—No transfer of 

6 funds under subparagraph (B) relating to 

7 an individual project study shall exceed, in 

8 any fiscal year, an amount equal to 1 per9 cent of the funds made available for the 

10 applicable agency office. 

11 (ii) FAILURE TO DECIDE.—The total 

12 amount transferred in a fiscal year as a re13 sult of a failure by an agency to make a 

14 decision by an applicable deadline shall not 

15 exceed an amount equal to 5 percent of the 

16 funds made available for the applicable 

17 agency office for that fiscal year. 

18 (iii) AGGREGATE.—Notwithstanding 

19 any other provision of law, for each fiscal 

20 year, the aggregate amount of financial 

21 penalties assessed against each applicable 

22 agency office under this Act and any other 

23 Federal law as a result of a failure of the 

24 agency to make a decision by an applicable 

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1 ing the total amount transferred under this 

2 paragraph, shall not exceed an amount 

3 equal to 9.5 percent of the funds made 

4 available for the agency office for that fis5 cal year. 

6 (D) NOTIFICATION OF TRANSFERS.—Not 

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

8 year on which funds of the Federal jurisdic9 tional agency may be transferred under sub10 paragraph (B)(5) with respect to an individual 

11 decision, the agency shall submit to the appro12 priate committees of the House of Representa13 tives and the Senate written notification that 

14 includes a description of— 

15 (i) the decision; 

16 (ii) the project study involved; 

17 (iii) the amount of each transfer 

18 under subparagraph (B) in that fiscal year 

19 relating to the decision; 

20 (iv) the total amount of all transfers 

21 under subparagraph (B) in that fiscal year 

22 relating to the decision; and 

23 (v) the total amount of all transfers of 

24 the agency under subparagraph (B) in that 

25 fiscal year. 


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1 (E) NO FAULT OF AGENCY.— 

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

3 under this paragraph shall not be made if 

4 the applicable agency described in subpara5 graph (A) notifies, with a supporting ex6 planation, the Federal lead agency, cooper7 ating agencies, and project sponsor, as ap8 plicable, that— 

9 (I) the agency has not received 

10 necessary information or approvals 

11 from another entity in a manner that 

12 affects the ability of the agency to 

13 meet any requirements under Federal, 

14 State, or local law; 

15 (II) significant new information, 

16 including from public comments, or 

17 circumstances, including a major 

18 modification to an aspect of the 

19 project, requires additional analysis 

20 for the agency to make a decision on 

21 the project application; or 

22 (III) the agency lacks the finan23 cial resources to complete the review 

24 under the scheduled timeframe, in25 cluding a description of the number of 


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1 full-time employees required to com2 plete the review, the amount of fund3 ing required to complete the review, 

4 and a justification as to why not 

5 enough funding is available to com6 plete the review by the deadline. 

7 (ii) LACK OF FINANCIAL RE8 SOURCES.—If the agency provides notice 

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

10 of the agency shall— 

11 (I) conduct a financial audit to 

12 review the notice; and 

13 (II) not later than 90 days after 

14 the date on which the review described 

15 in subclause (I) is completed, submit 

16 to the Committee on Natural Re17 sources of the House of Representa18 tives and the Committee on Energy 

19 and Natural Resources of the Senate 

20 the results of the audit conducted 

21 under subclause (I). 

22 (F) LIMITATION.—The Federal agency 

23 from which funds are transferred pursuant to 

24 this paragraph shall not reprogram funds to the 

25 office of the head of the agency, or equivalent 


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1 office, to reimburse that office for the loss of 

2 the funds. 

3 (G) EFFECT OF PARAGRAPH.—Nothing in 

4 this paragraph affects or limits the application 

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

6 State, local, or tribal law. 

7 (j) MEMORANDUM OF AGREEMENTS FOR EARLY CO8 ORDINATION.— 

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

10 Congress that— 

11 (A) the Secretary and other Federal agen12 cies with relevant jurisdiction in the environ13 mental review process should cooperate with 

14 each other, State and local agencies, and Indian 

15 tribes on environmental review and Bureau of 

16 Reclamation project delivery activities at the 

17 earliest practicable time to avoid delays and du18 plication of effort later in the process, prevent 

19 potential conflicts, and ensure that planning 

20 and project development decisions reflect envi21 ronmental values; and 

22 (B) the cooperation referred to in subpara23 graph (A) should include the development of 

24 policies and the designation of staff that advise 

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1 ies or other information foreseeably required for 

2 later Federal action and early consultation with 

3 appropriate State and local agencies and Indian 

4 tribes. 

5 (2) TECHNICAL ASSISTANCE.—If requested at 

6 any time by a State or project sponsor, the Sec7 retary and other Federal agencies with relevant ju8 risdiction in the environmental review process, shall, 

9 to the maximum extent practicable and appropriate, 

10 as determined by the agencies, provide technical as11 sistance to the State or project sponsor in carrying 

12 out early coordination activities. 

13 (3) MEMORANDUM OF AGENCY AGREEMENT.— 

14 If requested at any time by a State or project spon15 sor, the Federal lead agency, in consultation with 

16 other Federal agencies with relevant jurisdiction in 

17 the environmental review process, may establish 

18 memoranda of agreement with the project sponsor, 

19 Indian tribes, State and local governments, and 

20 other appropriate entities to carry out the early co21 ordination activities, including providing technical 

22 assistance in identifying potential impacts and miti23 gation issues in an integrated fashion. 

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

25 or interferes with— 


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1 (1) any obligation to comply with the provisions 

2 of any Federal law, including— 

3 (A) the National Environmental Policy Act 

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

5 (B) any other Federal environmental law; 

6 (2) the reviewability of any final Federal agency 

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

8 of any State; 

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

10 responding to public comment; or 

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

12 or authority that a Federal, State, or local govern13 mental agency, Indian tribe, or project sponsor has 

14 with respect to carrying out a project or any other 

15 provision of law applicable to projects. 

16 (l) TIMING OF CLAIMS.— 

17 (1) TIMING.— 

18 (A) IN GENERAL.—Notwithstanding any 

19 other provision of law, a claim arising under 

20 Federal law seeking judicial review of a permit, 

21 license, or other approval issued by a Federal 

22 agency for a project study shall be barred un23 less the claim is filed not later than 3 years 

24 after publication of a notice in the Federal Reg25 ister announcing that the permit, license, or 


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1 other approval is final pursuant to the law 

2 under which the agency action is taken, unless 

3 a shorter time is specified in the Federal law 

4 that allows judicial review. 

5 (B) APPLICABILITY.—Nothing in this sub6 section creates a right to judicial review or 

7 places any limit on filing a claim that a person 

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

9 other approval. 

10 (2) NEW INFORMATION.— 

11 (A) IN GENERAL.—The Secretary shall 

12 consider new information received after the 

13 close of a comment period if the information 

14 satisfies the requirements for a supplemental 

15 environmental impact statement under title 40, 

16 Code of Federal Regulations (including suc17 cessor regulations). 

18 (B) SEPARATE ACTION.—The preparation 

19 of a supplemental environmental impact state20 ment or other environmental document, if re21 quired under this section, shall be considered a 

22 separate final agency action and the deadline 

23 for filing a claim for judicial review of the ac24 tion shall be 3 years after the date of publica25 tion of a notice in the Federal Register anVerDate Sep 11 2014 23:29 Feb 13, 2017 Jkt 069200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H875.IH H875

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1 nouncing the action relating to such supple2 mental environmental impact statement or 

3 other environmental document. 

4 (m) CATEGORICAL EXCLUSIONS.— 

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

6 after the date of enactment of this Act, the Sec7 retary shall— 

8 (A) survey the use by the Bureau of Rec9 lamation of categorical exclusions in projects 

10 since 2005; 

11 (B) publish a review of the survey that in12 cludes a description of— 

13 (i) the types of actions that were cat14 egorically excluded or could be the basis 

15 for developing a new categorical exclusion; 

16 and 

17 (ii) any requests previously received 

18 by the Secretary for new categorical exclu19 sions; and 

20 (C) solicit requests from other Federal 

21 agencies and project sponsors for new categor22 ical exclusions. 

23 (2) NEW CATEGORICAL EXCLUSIONS.—Not 

24 later than 1 year after the date of enactment of this 

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1 tivities that merit establishing a categorical exclusion 

2 that did not exist on the day before the date of en3 actment this Act based on the review under para4 graph (1), the Secretary shall publish a notice of 

5 proposed rulemaking to propose that new categorical 

6 exclusion, to the extent that the categorical exclusion 

7 meets the criteria for a categorical exclusion under 

8 section 1508.4 of title 40, Code of Federal Regula9 tions (or successor regulation). 

10 (n) REVIEW OF PROJECT ACCELERATION RE11 FORMS.— 

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

13 the United States shall— 

14 (A) assess the reforms carried out under 

15 this section; and 

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

17 than 10 years after the date of enactment of 

18 this Act, submit to the Committee on Natural 

19 Resources of the House of Representatives and 

20 the Committee on Energy and Natural Re21 sources of the Senate a report that describes 

22 the results of the assessment. 

23 (2) CONTENTS.—The reports under paragraph 

24 (1) shall include an evaluation of impacts of the re25 forms carried out under this section on— 


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1 (A) project delivery; 

2 (B) compliance with environmental laws; 

3 and 

4 (C) the environmental impact of projects. 

5 (o) PERFORMANCE MEASUREMENT.—The Secretary 

6 shall establish a program to measure and report on 

7 progress made toward improving and expediting the plan8 ning and environmental review process. 

9 (p) CATEGORICAL EXCLUSIONS IN EMERGENCIES.— 

10 For the repair, reconstruction, or rehabilitation of a Bu11 reau of Reclamation surface water storage project that is 

12 in operation or under construction when damaged by an 

13 event or incident that results in a declaration by the Presi14 dent of a major disaster or emergency pursuant to the 

15 Robert T. Stafford Disaster Relief and Emergency Assist16 ance Act (42 U.S.C. 5121 et seq.), the Secretary shall 

17 treat such repair, reconstruction, or rehabilitation activity 

18 as a class of action categorically excluded from the re19 quirements relating to environmental assessments or envi20 ronmental impact statements under section 1508.4 of title 

21 40, Code of Federal Regulations (or successor regula22 tions), if the repair or reconstruction activity is— 

23 (1) in the same location with the same capacity, 

24 dimensions, and design as the original Bureau of 


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1 Reclamation surface water storage project as before 

2 the declaration described in this section; and 

3 (2) commenced within a 2-year period begin4 ning on the date of a declaration described in this 

5 subsection. 

6 SEC. 6. ANNUAL REPORT TO CONGRESS. 

7 (a) IN GENERAL.—Not later than February 1 of each 

8 year, the Secretary shall develop and submit to the Com9 mittee on Natural Resources of the House of Representa10 tives and the Committee on Energy and Natural Re11 sources of the Senate an annual report, to be entitled ‘‘Re12 port to Congress on Future Water Project Development’’, 

13 that identifies the following: 

14 (1) PROJECT REPORTS.—Each project report 

15 that meets the criteria established in subsection 

16 (c)(1)(A). 

17 (2) PROPOSED PROJECT STUDIES.—Any pro18 posed project study submitted to the Secretary by a 

19 non-Federal interest pursuant to subsection (b) that 

20 meets the criteria established in subsection 

21 (c)(1)(A). 

22 (3) PROPOSED MODIFICATIONS.—Any proposed 

23 modification to an authorized water project or 

24 project study that meets the criteria established in 

25 subsection (c)(1)(A) that— 


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1 (A) is submitted to the Secretary by a non2 Federal interest pursuant to subsection (b); or 

3 (B) is identified by the Secretary for au4 thorization. 

5 (4) EXPEDITED COMPLETION OF REPORT AND

6 DETERMINATIONS.—Any project study that was ex7 pedited and any Secretarial determinations under 

8 section 4 of this Act. 

9 (b) REQUESTS FOR PROPOSALS.— 

10 (1) PUBLICATION.—Not later than May 1 of 

11 each year, the Secretary shall publish in the Federal 

12 Register a notice requesting proposals from non13 Federal interests for proposed project studies and 

14 proposed modifications to authorized projects and 

15 project studies to be included in the annual report. 

16 (2) DEADLINE FOR REQUESTS.—The Secretary 

17 shall include in each notice required by this sub18 section a requirement that non-Federal interests 

19 submit to the Secretary any proposals described in 

20 paragraph (1) by not later than 120 days after the 

21 date of publication of the notice in the Federal Reg22 ister in order for the proposals to be considered for 

23 inclusion in the annual report. 


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1 (3) NOTIFICATION.—On the date of publication 

2 of each notice required by this subsection, the Sec3 retary shall— 

4 (A) make the notice publicly available, in5 cluding on the Internet; and 

6 (B) provide written notification of the pub7 lication to the Committee on Natural Resources 

8 of the House of Representatives and the Com9 mittee on Energy and Natural Resources of the 

10 Senate. 

11 (c) CONTENTS.— 

12 (1) PROJECT REPORTS, PROPOSED PROJECT

13 STUDIES, AND PROPOSED MODIFICATIONS.— 

14 (A) CRITERIA FOR INCLUSION IN RE15 PORT.—The Secretary shall include in the an16 nual report only those project reports, proposed 

17 project studies, and proposed modifications to 

18 authorized projects and project studies that— 

19 (i) are related to the missions and au20 thorities of the Bureau of Reclamation; 

21 (ii) require specific congressional au22 thorization, including by an Act of Con23 gress; 

24 (iii) have not been congressionally au25 thorized; 


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1 (iv) have not been included in any 

2 previous annual report; and 

3 (v) if authorized, could be carried out 

4 by the Bureau of Reclamation. 

5 (B) DESCRIPTION OF BENEFITS.— 

6 (i) DESCRIPTION.—The Secretary 

7 shall describe in the annual report, to the 

8 extent applicable and practicable, for each 

9 proposed project study and proposed modi10 fication to an authorized water resources 

11 development project or project study in12 cluded in the annual report, the benefits, 

13 as described in clause (ii), of each such 

14 study or proposed modification. 

15 (ii) BENEFITS.—The benefits (or ex16 pected benefits, in the case of a proposed 

17 project study) described in this clause are 

18 benefits to— 

19 (I) the protection of human life 

20 and property; 

21 (II) improvement to domestic ir22 rigated water and power supplies; 

23 (III) the national economy; 

24 (IV) the environment; or 


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1 (V) the national security inter2 ests of the United States. 

3 (C) IDENTIFICATION OF OTHER FAC4 TORS.—The Secretary shall identify in the an5 nual report, to the extent practicable— 

6 (i) for each proposed project study in7 cluded in the annual report, the non-Fed8 eral interest that submitted the proposed 

9 project study pursuant to subsection (b); 

10 and 

11 (ii) for each proposed project study 

12 and proposed modification to a project or 

13 project study included in the annual re14 port, whether the non-Federal interest has 

15 demonstrated— 

16 (I) that local support exists for 

17 the proposed project study or pro18 posed modification to an authorized 

19 project or project study (including the 

20 surface water storage development 

21 project that is the subject of the pro22 posed feasibility study or the proposed 

23 modification to an authorized project 

24 study); and 


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1 (II) the financial ability to pro2 vide the required non-Federal cost 

3 share. 

4 (2) TRANSPARENCY.—The Secretary shall in5 clude in the annual report, for each project report, 

6 proposed project study, and proposed modification to 

7 a project or project study included under paragraph 

8 (1)(A)— 

9 (A) the name of the associated non-Fed10 eral interest, including the name of any non11 Federal interest that has contributed, or is ex12 pected to contribute, a non-Federal share of the 

13 cost of— 

14 (i) the project report; 

15 (ii) the proposed project study; 

16 (iii) the authorized project study for 

17 which the modification is proposed; or 

18 (iv) construction of— 

19 (I) the project that is the subject 

20 of— 

21 (aa) the water report; 

22 (bb) the proposed project 

23 study; or 


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1 (cc) the authorized project 

2 study for which a modification is 

3 proposed; or 

4 (II) the proposed modification to 

5 a project; 

6 (B) a letter or statement of support for the 

7 water report, proposed project study, or pro8 posed modification to a project or project study 

9 from each associated non-Federal interest; 

10 (C) the purpose of the feasibility report, 

11 proposed feasibility study, or proposed modi12 fication to a project or project study; 

13 (D) an estimate, to the extent practicable, 

14 of the Federal, non-Federal, and total costs 

15 of— 

16 (i) the proposed modification to an 

17 authorized project study; and 

18 (ii) construction of— 

19 (I) the project that is the subject 

20 of— 

21 (aa) the project report; or 

22 (bb) the authorized project 

23 study for which a modification is 

24 proposed, with respect to the 


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1 change in costs resulting from 

2 such modification; or 

3 (II) the proposed modification to 

4 an authorized project; and 

5 (E) an estimate, to the extent practicable, 

6 of the monetary and nonmonetary benefits of— 

7 (i) the project that is the subject of— 

8 (I) the project report; or 

9 (II) the authorized project study 

10 for which a modification is proposed, 

11 with respect to the benefits of such 

12 modification; or 

13 (ii) the proposed modification to an 

14 authorized project. 

15 (3) CERTIFICATION.—The Secretary shall in16 clude in the annual report a certification stating 

17 that each feasibility report, proposed feasibility 

18 study, and proposed modification to a project or 

19 project study included in the annual report meets 

20 the criteria established in paragraph (1)(A). 

21 (4) APPENDIX.—The Secretary shall include in 

22 the annual report an appendix listing the proposals 

23 submitted under subsection (b) that were not in24 cluded in the annual report under paragraph (1)(A) 

25 and a description of why the Secretary determined 


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1 that those proposals did not meet the criteria for in2 clusion under such paragraph. 

3 (d) SPECIAL RULE FOR INITIAL ANNUAL REPORT.— 

4 Notwithstanding any other deadlines required by this sec5 tion, the Secretary shall— 

6 (1) not later than 60 days after the date of en7 actment of this Act, publish in the Federal Register 

8 a notice required by subsection (b)(1); and 

9 (2) include in such notice a requirement that 

10 non-Federal interests submit to the Secretary any 

11 proposals described in subsection (b)(1) by not later 

12 than 120 days after the date of publication of such 

13 notice in the Federal Register in order for such pro14 posals to be considered for inclusion in the first an15 nual report developed by the Secretary under this 

16 section. 

17 (e) PUBLICATION.—Upon submission of an annual 

18 report to Congress, the Secretary shall make the annual 

19 report publicly available, including through publication on 

20 the Internet. 

21 (f) DEFINITION.—In this section, the term ‘‘project 

22 report’’ means a final feasibility report developed under 

23 the Reclamation Act of 1902 (32 Stat. 388), and all Acts 

24 amendatory thereof or supplementary thereto. 


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54 

•HR 875 IH

1 SEC. 7. APPLICABILITY OF WIIN ACT. 

2 Sections 4007 and 4009 of the WIIN Act (Public 

3 Law 114–322) shall not apply to any project (as defined 

4 in section 2 of this Act). 

Æ 


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