IB 

Union Calendar No. 782 

115TH CONGRESS 

2D SESSION H. R. 4419 

[Report No. 115–1001] 

To facilitate and streamline the Bureau of Reclamation and Bureau of Indian 

Affairs processes for creating or expanding certain water projects, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2017 

Mr. NEWHOUSE (for himself and Mr. REICHERT) introduced the following bill; 

which was referred to the Committee on Natural Resources 

NOVEMBER 2, 2018 

Additional sponsors: Mr. MCCLINTOCK and Mr. ESTES of Kansas 

NOVEMBER 2, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on November 16, 2017] 


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A BILL 

To facilitate and streamline the Bureau of Reclamation and 

Bureau of Indian Affairs processes for creating or expanding certain water projects, and for other purposes. 


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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; TABLE OF CONTENTS. 

4 This Act may be cited as the ‘‘Bureau of Reclamation 

5 and Bureau of Indian Affairs Water Project Streamlining 

6 Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) ENVIRONMENTAL IMPACT STATEMENT.—The 

10 term ‘‘environmental impact statement’’ means the 

11 detailed statement of environmental impacts of a 

12 project required to be prepared pursuant to the Na13 tional Environmental Policy Act of 1969 (42 U.S.C. 

14 4321 et seq.). 

15 (2) ENVIRONMENTAL REVIEW PROCESS.— 

16 (A) IN GENERAL.—The term ‘‘environ17 mental review process’’ means the process of pre18 paring an environmental impact statement, en19 vironmental assessment, categorical exclusion, or 

20 other document under the National Environ21 mental Policy Act of 1969 (42 U.S.C. 4321 et 

22 seq.) for a project study. 

23 (B) INCLUSIONS.—The term ‘‘environmental 

24 review process’’ includes the process for and com25 pletion of any environmental permit, approval, 


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1 review, or study required for a project study 

2 under any Federal law other than the National 

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

4 4321 et seq.). 

5 (3) FEDERAL JURISDICTIONAL AGENCY.—The 

6 term ‘‘Federal jurisdictional agency’’ means a Federal 

7 agency with jurisdiction delegated by law, regulation, 

8 order, or otherwise over a review, analysis, opinion, 

9 statement, permit, license, or other approval or deci10 sion required for a project study under applicable 

11 Federal laws (including regulations). 

12 (4) FEDERAL LEAD AGENCY.—The term ‘‘Federal 

13 lead agency’’ means the Bureau of Reclamation or 

14 Bureau of Indian Affairs. 

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

16 (A) a surface water project, a project under 

17 the purview of title XVI of Public Law 102–575, 

18 a rural water supply project investigated under 

19 Public Law 109–451, or a Federal portion of an 

20 integrated water resource management plan that 

21 has been subject to a review under the National 

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

23 4321 et seq.) and is to be carried out, funded or 

24 operated in whole or in party by the Secretary 

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


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1 388, chapter 1093), and Acts supplemental to 

2 and amendatory of that Act (43 U.S.C. 371 et 

3 seq.); or 

4 (B) Indian irrigation projects in the west5 ern United States that, on the date of enactment 

6 of this Act, are owned by the Federal Govern7 ment, as listed in the Federal inventory required 

8 by Executive Order 13327 (40 U.S.C. 121 note; 

9 relating to Federal real property asset manage10 ment). 

11 (6) PROJECT SPONSOR.—The term ‘‘project spon12 sor’’ means a State, regional, tribal, or local author13 ity or instrumentality or other qualifying entity, such 

14 as a water conservation district, irrigation district, 

15 water conservancy district, joint powers authority, 

16 mutual water company, canal company, rural water 

17 district or association, or any other entity that has 

18 the capacity to contract with the United States under 

19 Federal reclamation law. 

20 (7) PROJECT STUDY.—The term ‘‘project study’’ 

21 means a feasibility study for a project carried out 

22 pursuant to the Act of June 17, 1902 (32 Stat. 388, 

23 chapter 1093), and Acts supplemental to and amend24 atory of that Act (43 U.S.C. 371 et seq.). 


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

2 the Secretary of the Interior. 

3 (9) SURFACE WATER STORAGE.—The term ‘‘sur4 face water storage’’ means any surface water reservoir 

5 or impoundment that would be owned, funded or op6 erated in whole or in part by the Bureau of Reclama7 tion or the Bureau of Indian Affairs or that would 

8 be integrated into a larger system owned, operated or 

9 administered in whole or in part by the Bureau of 

10 Reclamation or the Bureau of Indian Affairs. 

11 SEC. 3. ACCELERATION OF STUDIES. 

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

13 study initiated by the Secretary, after the date of enactment 

14 of this Act, shall— 

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

16 report not later than 3 years after the date of initi17 ation; 

18 (2) have a maximum Federal cost of $3,000,000; 

19 and 

20 (3) ensure that personnel from the local project 

21 area, region, and headquarters levels of the Bureau of 

22 Reclamation or the Bureau of Indian Affairs concur23 rently conduct the review required under that section. 

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

25 project study described in subsection (a) will not be conVerDate Sep 11 2014 21:33 Nov 02, 2018 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H4419.RH H4419

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1 ducted in accordance with subsection (a), the Secretary, not 

2 later than 30 days after the date of making the determina3 tion, shall— 

4 (1) prepare an updated project study schedule 

5 and cost estimate; 

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

7 partner that the project study has been delayed; and 

8 (3) provide written notice to the Committee on 

9 Natural Resources of the House of Representatives 

10 and the Committee on Energy and Natural Resources 

11 of the Senate as to the reasons the requirements of 

12 subsection (a) are not attainable. 

13 (c) EXCEPTION.— 

14 (1) IN GENERAL.—Notwithstanding the require15 ments of subsection (a), the Secretary may extend the 

16 timeline of a project study by a period not to exceed 

17 3 years, if the Secretary determines that the project 

18 study is too complex to comply with the requirements 

19 of subsection (a). 

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

21 a study is too complex to comply with the require22 ments of subsection (a), the Secretary shall consider— 

23 (A) the type, size, location, scope, and over24 all cost of the project; 


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1 (B) whether the project will use any innova2 tive design or construction techniques; 

3 (C) whether the project will require signifi4 cant action by other Federal, State, or local 

5 agencies; 

6 (D) whether there is significant public dis7 pute as to the nature or effects of the project; and 

8 (E) whether there is significant public dis9 pute as to the economic or environmental costs or 

10 benefits of the project. 

11 (3) NOTIFICATION.—Each time the Secretary 

12 makes a determination under this subsection, the Sec13 retary shall provide written notice to the Committee 

14 on Natural Resources of the House of Representatives 

15 and the Committees on Energy and Natural Re16 sources and Indian Affairs of the Senate as to the re17 sults of that determination, including an identifica18 tion of the specific one or more factors used in mak19 ing the determination that the project is complex. 

20 (4) LIMITATION.—The Secretary shall not extend 

21 the timeline for a project study for a period of more 

22 than 7 years, and any project study that is not com23 pleted before that date shall no longer be authorized. 


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

2 of the initiation of a project study described in subsection 

3 (a), the Secretary shall— 

4 (1) take all steps necessary to initiate the process 

5 for completing federally mandated reviews that the 

6 Secretary is required to complete as part of the study, 

7 including the environmental review process under sec8 tion 5; 

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

10 State agencies identified under section 5(d) that 

11 may— 

12 (A) have jurisdiction over the project; 

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

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

15 project study; or 

16 (C) be required to make a determination on 

17 issuing a permit, license, or other approval or 

18 decision for the project study; and 

19 (3) take all steps necessary to provide informa20 tion that will enable required reviews and analyses 

21 related to the project to be conducted by other agencies 

22 in a thorough and timely manner. 

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

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

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1 resentatives and the Committees on Energy and Natural 

2 Resources and Indian Affairs of the Senate and make pub3 licly available a report that describes— 

4 (1) the status of the implementation of the plan5 ning process under this section, including the number 

6 of participating projects; 

7 (2) a review of project delivery schedules, includ8 ing a description of any delays on those studies initi9 ated prior to the date of the enactment of this Act; 

10 and 

11 (3) any recommendations for additional author12 ity necessary to support efforts to expedite the project. 

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

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

15 to the Committee on Natural Resources of the House of Rep16 resentatives and the Committees on Energy and Natural 

17 Resources and Indian Affairs of the Senate and make pub18 licly available a report that describes— 

19 (1) the status of the implementation of this sec20 tion, including a description of each project study 

21 subject to the requirements of this section; 

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

23 project study; and 

24 (3) any recommendations for additional author25 ity necessary to support efforts to expedite the project 


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1 study process, including an analysis of whether the 

2 limitation established by subsection (a)(2) needs to be 

3 adjusted to address the impacts of inflation. 

4 SEC. 4. EXPEDITED COMPLETION OF REPORTS. 

5 The Secretary shall— 

6 (1) expedite the completion of any ongoing 

7 project study initiated before the date of enactment of 

8 this Act; and 

9 (2) if the Secretary determines that the project is 

10 justified in a completed report, proceed directly to 

11 preconstruction planning, engineering, and design of 

12 the project in accordance with the Reclamation Act of 

13 1902 (32 Stat. 388), and all Acts amendatory thereof 

14 or supplementary thereto. 

15 SEC. 5. PROJECT ACCELERATION. 

16 (a) APPLICABILITY.— 

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

18 (A) each project study that is initiated after 

19 the date of enactment of this Act and for which 

20 an environmental impact statement is prepared 

21 under the National Environmental Policy Act of 

22 1969 (42 U.S.C. 4321 et seq.); 

23 (B) the extent determined appropriate by 

24 the Secretary, to other project studies initiated 

25 before the date of enactment of this Act and for 


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1 which an environmental review process document 

2 is prepared under the National Environmental 

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

4 (C) any project study for the development of 

5 a non-federally owned and operated surface 

6 water storage project for which the Secretary de7 termines there is a demonstrable Federal interest 

8 and the project— 

9 (i) is located in a river basin where 

10 other Bureau of Reclamation or the Bureau 

11 of Indian Affairs water projects are located; 

12 (ii) will create additional water sup13 plies that support Bureau of Reclamation 

14 or the Bureau of Indian Affairs water 

15 projects; or 

16 (iii) will become integrated into the 

17 operation of Bureau of Reclamation or the 

18 Bureau of Indian Affairs water projects. 

19 (2) FLEXIBILITY.—Any authority granted under 

20 this section may be exercised, and any requirement 

21 established under this section may be satisfied, for the 

22 conduct of an environmental review process for a 

23 project study, a class of project studies, or a program 

24 of project studies. 

25 (3) LIST OF PROJECT STUDIES.— 


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1 (A) IN GENERAL.—The Secretary shall an2 nually prepare, and make publicly available, a 

3 list of all project studies that the Secretary has 

4 determined— 

5 (i) meets the standards described in 

6 paragraph (1); and 

7 (ii) does not have adequate funding to 

8 make substantial progress toward the com9 pletion of the project study. 

10 (B) INCLUSIONS.—The Secretary shall in11 clude for each project study on the list under 

12 subparagraph (A) a description of the estimated 

13 amounts necessary to make substantial progress 

14 on the project study. 

15 (b) PROJECT REVIEW PROCESS.— 

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

17 and implement a coordinated environmental review 

18 process for the development of project studies. 

19 (2) COORDINATED REVIEW.—The coordinated en20 vironmental review process described in paragraph 

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

22 statement, permit, license, or other approval or deci23 sion issued or made by a Federal, State, or local gov24 ernmental agency or an Indian tribe for a project 

25 study described in subsection (b) be conducted, to the 


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1 maximum extent practicable, concurrently with any 

2 other applicable governmental agency or Indian tribe. 

3 (3) TIMING.—The coordinated environmental re4 view process under this subsection shall be completed 

5 not later than the date on which the Secretary, in 

6 consultation and concurrence with the agencies iden7 tified under section 5(d), establishes with respect to 

8 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 Act 

13 of 1969 (42 U.S.C. 4321 et seq.) and the require14 ments of section 1506.8 of title 40, Code of Fed15 eral Regulations (or successor regulations), in16 cluding the concurrence of the proposed joint 

17 lead agency, a project sponsor may serve as the 

18 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 the 

24 Federal lead agency for purposes of pre25 paring any environmental document under 


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1 the National Environmental Policy Act of 

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

3 (ii) prepare any environmental review 

4 process document under the National Envi5 ronmental Policy Act of 1969 (42 U.S.C. 

6 4321 et seq.) required in support of any ac7 tion or approval by the Secretary if— 

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

10 independently evaluates that document; 

11 (II) the project sponsor complies 

12 with all requirements applicable to the 

13 Secretary under— 

14 (aa) the National Environ15 mental Policy Act of 1969 (42 

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

17 (bb) any regulation imple18 menting that Act; and 

19 (cc) any other applicable 

20 Federal law; and 

21 (III) the Secretary approves and 

22 adopts the document before the Sec23 retary takes any subsequent action or 

24 makes any approval based on that doc25 ument, regardless of whether the action 


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1 or approval of the Secretary results in 

2 Federal funding. 

3 (2) DUTIES.—The Secretary shall ensure that— 

4 (A) the project sponsor complies with all de5 sign and mitigation commitments made jointly 

6 by the Secretary and the project sponsor in any 

7 environmental document prepared by the project 

8 sponsor in accordance with this subsection; and 

9 (B) any environmental document prepared 

10 by the project sponsor is appropriately supple11 mented to address any changes to the project the 

12 Secretary determines are necessary. 

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

14 environmental document prepared in accordance with 

15 this subsection shall be adopted and used by any Fed16 eral agency making any determination related to the 

17 project study to the same extent that the Federal 

18 agency could adopt or use a document prepared by 

19 another Federal agency under— 

20 (A) the National Environmental Policy Act 

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

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

23 Code of Federal Regulations (or successor regula24 tions). 


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1 (4) ROLES AND RESPONSIBILITY OF LEAD AGEN2 CY.—With respect to the environmental review process 

3 for any project study, the Federal lead agency shall 

4 have authority and responsibility— 

5 (A) to take such actions as are necessary 

6 and proper and within the authority of the Fed7 eral lead agency to facilitate the expeditious reso8 lution of the environmental review process for the 

9 project study; and 

10 (B) to prepare or ensure that any required 

11 environmental impact statement or other envi12 ronmental review document for a project study 

13 required to be completed under the National En14 vironmental Policy Act of 1969 (42 U.S.C. 4321 

15 et seq.) is completed in accordance with this sec16 tion and applicable Federal law. 

17 (d) PARTICIPATING AND COOPERATING AGENCIES.— 

18 (1) IDENTIFICATION OF JURISDICTIONAL AGEN19 CIES.—With respect to carrying out the environ20 mental review process for a project study, the Sec21 retary shall identify, as early as practicable in the 

22 environmental review process, all Federal, State, and 

23 local government agencies and Indian tribes that 

24 may— 

25 (A) have jurisdiction over the project; 


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

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

3 project study; or 

4 (C) be required to make a determination on 

5 issuing a permit, license, or other approval or 

6 decision for the project study. 

7 (2) STATE AUTHORITY.—If the environmental re8 view process is being implemented by the Secretary 

9 for a project study within the boundaries of a State, 

10 the State, consistent with State law, may choose to 

11 participate in the process and to make subject to the 

12 process all State agencies that— 

13 (A) have jurisdiction over the project; 

14 (B) are required to conduct or issue a re15 view, analysis, opinion, or statement for the 

16 project study; or 

17 (C) are required to make a determination 

18 on issuing a permit, license, or other approval or 

19 decision for the project study. 

20 (3) INVITATION.— 

21 (A) IN GENERAL.—The Federal lead agency 

22 shall invite, as early as practicable in the envi23 ronmental review process, any agency identified 

24 under paragraph (1) to become a participating 


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1 or cooperating agency, as applicable, in the envi2 ronmental review process for the project study. 

3 (B) DEADLINE.—An invitation to partici4 pate issued under subparagraph (A) shall set a 

5 deadline by which a response to the invitation 

6 shall be submitted, which may be extended by the 

7 Federal lead agency for good cause. 

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

9 Code of Federal Regulations (as in effect on the date 

10 of enactment of this Act), shall govern the identifica11 tion and the participation of a cooperating agency. 

12 (5) FEDERAL COOPERATING AGENCIES.—Any 

13 Federal agency that is invited by the Federal lead 

14 agency to participate in the environmental review 

15 process for a project study shall be designated as a co16 operating agency by the Federal lead agency unless 

17 the invited agency informs the Federal lead agency, 

18 in writing, by the deadline specified in the invitation 

19 that the invited agency— 

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

21 respect to the project; 

22 (ii) has no expertise or information relevant 

23 to the project; or 

24 (iii) does not have adequate funds to par25 ticipate in the project; and 


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1 (B) does not intend to submit comments on 

2 the project. 

3 (6) ADMINISTRATION.—A participating or co4 operating agency shall comply with this section and 

5 any schedule established under this section. 

6 (7) EFFECT OF DESIGNATION.—Designation as a 

7 participating or cooperating agency under this sub8 section shall not imply that the participating or co9 operating agency— 

10 (A) supports a proposed project; or 

11 (B) has any jurisdiction over, or special ex12 pertise with respect to evaluation of, the project. 

13 (8) CONCURRENT REVIEWS.—Each participating 

14 or cooperating agency shall— 

15 (A) carry out the obligations of that agency 

16 under other applicable law concurrently and in 

17 conjunction with the required environmental re18 view process, unless doing so would prevent the 

19 participating or cooperating agency from con20 ducting needed analysis or otherwise carrying 

21 out those obligations; and 

22 (B) formulate and implement administra23 tive, policy, and procedural mechanisms to en24 able the agency to ensure completion of the enviVerDate Sep 11 2014 21:33 Nov 02, 2018 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H4419.RH H4419

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1 ronmental review process in a timely, coordi2 nated, and environmentally responsible manner. 

3 (e) NON-FEDERAL PROJECTS INTEGRATED INTO REC4 LAMATION SYSTEMS.—The Federal lead agency shall serve 

5 in that capacity for the entirety of all non-Federal projects 

6 that will be integrated into a larger system owned, operated 

7 or administered in whole or in part by the Bureau of Rec8 lamation or the Bureau of Indian Affairs. 

9 (f) NON-FEDERAL PROJECT.—If the Secretary deter10 mines that a project can be expedited by a non-Federal 

11 sponsor and that there is a demonstrable Federal interest 

12 in expediting that project, the Secretary shall take such ac13 tions as are necessary to advance such a project as a non14 Federal project, including, but not limited to, entering into 

15 agreements with the non-Federal sponsor of such project to 

16 support the planning, design and permitting of such project 

17 as a non-Federal project. 

18 (g) PROGRAMMATIC COMPLIANCE.— 

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

20 guidance regarding the use of programmatic ap21 proaches to carry out the environmental review proc22 ess that— 

23 (A) eliminates repetitive discussions of the 

24 same issues; 


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1 (B) focuses on the actual issues ripe for 

2 analyses at each level of review; 

3 (C) establishes a formal process for coordi4 nating with participating and cooperating agen5 cies, including the creation of a list of all data 

6 that are needed to carry out an environmental 

7 review process; and 

8 (D) complies with— 

9 (i) the National Environmental Policy 

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

11 (ii) all other applicable laws. 

12 (2) REQUIREMENTS.—In carrying out para13 graph (1), the Secretary shall— 

14 (A) as the first step in drafting guidance 

15 under that paragraph, consult with relevant Fed16 eral, State, and local governmental agencies, In17 dian tribes, and the public on the appropriate 

18 use and scope of the programmatic approaches; 

19 (B) emphasize the importance of collabora20 tion among relevant Federal, State, and local 

21 governmental agencies, and Indian tribes in un22 dertaking programmatic reviews, especially with 

23 respect to including reviews with a broad geo24 graphical scope; 

25 (C) ensure that the programmatic reviews— 


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1 (i) promote transparency, including of 

2 the analyses and data used in the environ3 mental review process, the treatment of any 

4 deferred issues raised by Federal, State, and 

5 local governmental agencies, Indian tribes, 

6 or the public, and the temporal and special 

7 scales to be used to analyze those issues; 

8 (ii) use accurate and timely informa9 tion in the environmental review process, 

10 including— 

11 (I) criteria for determining the 

12 general duration of the usefulness of 

13 the review; and 

14 (II) the timeline for updating any 

15 out-of-date review; 

16 (iii) describe— 

17 (I) the relationship between pro18 grammatic analysis and future tiered 

19 analysis; and 

20 (II) the role of the public in the 

21 creation of future tiered analysis; and 

22 (iv) are available to other relevant 

23 Federal, State, and local governmental 

24 agencies, Indian tribes, and the public; 


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

2 notice and comment on any proposed guidance; 

3 and 

4 (E) address any comments received under 

5 subparagraph (D). 

6 (h) COORDINATED REVIEWS.— 

7 (1) COORDINATION PLAN.— 

8 (A) ESTABLISHMENT.—The Federal lead 

9 agency shall, after consultation with and with 

10 the concurrence of each participating and co11 operating agency and the project sponsor or joint 

12 lead agency, as applicable, establish a plan for 

13 coordinating public and agency participation in, 

14 and comment on, the environmental review proc15 ess for a project study or a category of project 

16 studies. 

17 (B) SCHEDULE.— 

18 (i) IN GENERAL.—As soon as prac19 ticable but not later than 45 days after the 

20 close of the public comment period on a 

21 draft environmental impact statement, the 

22 Federal lead agency, after consultation with 

23 and the concurrence of each participating 

24 and cooperating agency and the project 

25 sponsor or joint lead agency, as applicable, 


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1 shall establish, as part of the coordination 

2 plan established in subparagraph (A), a 

3 schedule for completion of the environmental 

4 review process for the project study. 

5 (ii) FACTORS FOR CONSIDERATION.— 

6 In establishing a schedule, the Secretary 

7 shall consider factors such as— 

8 (I) the responsibilities of partici9 pating and cooperating agencies under 

10 applicable laws; 

11 (II) the resources available to the 

12 project sponsor, joint lead agency, and 

13 other relevant Federal and State agen14 cies, as applicable; 

15 (III) the overall size and com16 plexity of the project; 

17 (IV) the overall schedule for and 

18 cost of the project; and 

19 (V) the sensitivity of the natural 

20 and historical resources that could be 

21 affected by the project. 

22 (iii) MODIFICATIONS.—The Secretary 

23 may— 

24 (I) lengthen a schedule established 

25 under clause (i) for good cause; and 


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1 (II) shorten a schedule only with 

2 concurrence of the affected partici3 pating and cooperating agencies and 

4 the project sponsor or joint lead agen5 cy, as applicable. 

6 (iv) DISSEMINATION.—A copy of a 

7 schedule established under clause (i) shall 

8 be— 

9 (I) provided to each participating 

10 and cooperating agency and the project 

11 sponsor or joint lead agency, as appli12 cable; and 

13 (II) made available to the public. 

14 (2) COMMENT DEADLINES.—The Federal lead 

15 agency shall establish the following deadlines for com16 ment during the environmental review process for a 

17 project study: 

18 (A) DRAFT ENVIRONMENTAL IMPACT STATE19 MENTS.—For comments by Federal and State 

20 agencies and the public on a draft environmental 

21 impact statement, a period of not more than 60 

22 days after publication in the Federal Register of 

23 notice of the date of public availability of the 

24 draft environmental impact statement, unless— 


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1 (i) a different deadline is established 

2 by agreement of the Federal lead agency, the 

3 project sponsor or joint lead agency, as ap4 plicable, and all participating and cooper5 ating agencies; or 

6 (ii) the deadline is extended by the 

7 Federal lead agency for good cause. 

8 (B) OTHER ENVIRONMENTAL REVIEW PROC9 ESSES.—For all other comment periods estab10 lished by the Federal lead agency for agency or 

11 public comments in the environmental review 

12 process, a period of not more than 30 days after 

13 the date on which the materials on which com14 ment is requested are made available, unless— 

15 (i) a different deadline is established 

16 by agreement of the Federal lead agency, the 

17 project sponsor, or joint lead agency, as ap18 plicable, and all participating and cooper19 ating agencies; or 

20 (ii) the deadline is extended by the 

21 Federal lead agency for good cause. 

22 (3) DEADLINES FOR DECISIONS UNDER OTHER

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

24 Federal law relating to a project study, including the 

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


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1 to be made by the date described in subsection 

2 (i)(5)(B), the Secretary shall submit to the Committee 

3 on Natural Resources of the House of Representatives 

4 and the Committees on Energy and Natural Re5 sources and Indian Affairs of the Senate— 

6 (A) as soon as practicable after the 180-day 

7 period described in subsection (i)(5)(B), an ini8 tial notice of the failure of the Federal agency to 

9 make the decision; and 

10 (B) every 60 days thereafter until such date 

11 as all decisions of the Federal agency relating to 

12 the project study have been made by the Federal 

13 agency, an additional notice that describes the 

14 number of decisions of the Federal agency that 

15 remain outstanding as of the date of the addi16 tional notice. 

17 (4) INVOLVEMENT OF THE PUBLIC.—Nothing in 

18 this subsection reduces any time period provided for 

19 public comment in the environmental review process 

20 under applicable Federal law (including regulations). 

21 (5) TRANSPARENCY REPORTING.— 

22 (A) REPORTING REQUIREMENTS.—Not later 

23 than 1 year after the date of enactment of this 

24 Act, the Secretary shall establish and maintain 

25 an electronic database and, in coordination with 


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1 other Federal and State agencies, issue reporting 

2 requirements to make publicly available the sta3 tus and progress with respect to compliance with 

4 applicable requirements of the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et 

6 seq.) and any other Federal, State, or local ap7 proval or action required for a project study for 

8 which this section is applicable. 

9 (B) PROJECT STUDY TRANSPARENCY.—Con10 sistent with the requirements established under 

11 subparagraph (A), the Secretary shall make pub12 licly available the status and progress of any 

13 Federal, State, Tribal, or local decision, action, 

14 or approval required under applicable laws for 

15 each project study for which this section is appli16 cable. 

17 (i) ISSUE IDENTIFICATION AND RESOLUTION.— 

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

19 cooperating agencies, and any participating agencies 

20 shall work cooperatively in accordance with this sec21 tion to identify and resolve issues that could delay 

22 completion of the environmental review process or re23 sult in the denial of any approval required for the 

24 project study under applicable laws. 


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1 (2) FEDERAL LEAD AGENCY RESPONSIBIL2 ITIES.— 

3 (A) IN GENERAL.—The Federal lead agency 

4 shall make information available to the cooper5 ating 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 alternatives 

10 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 study. 

24 (4) ACCELERATED ISSUE RESOLUTION AND ELE25 VATION.— 


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1 (A) IN GENERAL.—On the request of a par2 ticipating or cooperating agency or project spon3 sor, the Secretary shall convene an issue resolu4 tion meeting with the relevant participating and 

5 cooperating agencies and the project sponsor or 

6 joint lead agency, as applicable, to resolve issues 

7 that may— 

8 (i) delay completion of the environ9 mental review process; or 

10 (ii) result in denial of any approval 

11 required for the project study under appli12 cable laws. 

13 (B) MEETING DATE.—A meeting requested 

14 under this paragraph shall be held not later than 

15 21 days after the date on which the Secretary re16 ceives the request for the meeting, unless the Sec17 retary determines that there is good cause to ex18 tend that deadline. 

19 (C) NOTIFICATION.—On receipt of a request 

20 for a meeting under this paragraph, the Sec21 retary shall notify all relevant participating and 

22 cooperating agencies of the request, including the 

23 issue to be resolved and the date for the meeting. 

24 (D) ELEVATION OF ISSUE RESOLUTION.—If 

25 a resolution cannot be achieved within the 30- 


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1 day period beginning on the date of a meeting 

2 under this paragraph and a determination is 

3 made by the Secretary that all information nec4 essary to resolve the issue has been obtained, the 

5 Secretary shall forward the dispute to the heads 

6 of the relevant agencies for resolution. 

7 (E) CONVENTION BY SECRETARY.—The Sec8 retary may convene an issue resolution meeting 

9 under this paragraph at any time, at the discre10 tion of the Secretary, regardless of whether a 

11 meeting is requested under subparagraph (A). 

12 (5) FINANCIAL PENALTY PROVISIONS.— 

13 (A) IN GENERAL.—A Federal jurisdictional 

14 agency shall complete any required approval or 

15 decision for the environmental review process on 

16 an expeditious basis using the shortest existing 

17 applicable process. 

18 (B) FAILURE TO DECIDE.— 

19 (i) IN GENERAL.— 

20 (I) TRANSFER OF FUNDS.—If a 

21 Federal jurisdictional agency fails to 

22 render a decision required under any 

23 Federal law relating to a project study 

24 that requires the preparation of an en25 vironmental impact statement or enviVerDate Sep 11 2014 21:33 Nov 02, 2018 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H4419.RH H4419

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1 ronmental assessment, including the 

2 issuance or denial of a permit, license, 

3 statement, opinion, or other approval 

4 by the date described in clause (ii), the 

5 amount of funds made available to 

6 support the office of the head of the 

7 Federal jurisdictional agency shall be 

8 reduced by an amount of funding equal 

9 to the amount specified in item (aa) or 

10 (bb) of subclause (II), and those funds 

11 shall be made available to the division 

12 of the Federal jurisdictional agency 

13 charged with rendering the decision by 

14 not later than 1 day after the applica15 ble date under clause (ii), and once 

16 each week thereafter until a final deci17 sion is rendered, subject to subpara18 graph (C). 

19 (II) AMOUNT TO BE TRANS20 FERRED.—The amount referred to in 

21 subclause (I) is— 

22 (aa) $20,000 for any project 

23 study requiring the preparation of 

24 an environmental assessment or 


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1 environmental impact statement; 

2 or 

3 (bb) $10,000 for any project 

4 study requiring any type of re5 view under the National Environ6 mental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.) other than an 

8 environmental assessment or envi9 ronmental impact statement. 

10 (ii) DESCRIPTION OF DATE.—The date 

11 referred to in clause (i) is the later of— 

12 (I) the date that is 180 days after 

13 the date on which an application for 

14 the permit, license, or approval is com15 plete; and 

16 (II) the date that is 180 days 

17 after the date on which the Federal 

18 lead agency issues a decision on the 

19 project under the National Environ20 mental Policy Act of 1969 (42 U.S.C. 

21 4321 et seq.). 

22 (C) LIMITATIONS.— 

23 (i) IN GENERAL.—No transfer of funds 

24 under subparagraph (B) relating to an in25 dividual project study shall exceed, in any 


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1 fiscal year, an amount equal to 1 percent of 

2 the funds made available for the applicable 

3 agency office. 

4 (ii) FAILURE TO DECIDE.—The total 

5 amount transferred in a fiscal year as a re6 sult of a failure by an agency to make a de7 cision by an applicable deadline shall not 

8 exceed an amount equal to 5 percent of the 

9 funds made available for the applicable 

10 agency office for that fiscal year. 

11 (iii) AGGREGATE.—Notwithstanding 

12 any other provision of law, for each fiscal 

13 year, the aggregate amount of financial 

14 penalties assessed against each applicable 

15 agency office under this Act and any other 

16 Federal law as a result of a failure of the 

17 agency to make a decision by an applicable 

18 deadline for environmental review, includ19 ing the total amount transferred under this 

20 paragraph, shall not exceed an amount 

21 equal to 9.5 percent of the funds made 

22 available for the agency office for that fiscal 

23 year. 

24 (D) NOTIFICATION OF TRANSFERS.—Not 

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


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1 year on which funds of the Federal jurisdictional 

2 agency may be transferred under subparagraph 

3 (B)(5) with respect to an individual decision, the 

4 agency shall submit to the appropriate commit5 tees of the House of Representatives and the Sen6 ate written notification that includes a descrip7 tion of— 

8 (i) the decision; 

9 (ii) the project study involved; 

10 (iii) the amount of each transfer under 

11 subparagraph (B) in that fiscal year relat12 ing to the decision; 

13 (iv) the total amount of all transfers 

14 under subparagraph (B) in that fiscal year 

15 relating to the decision; and 

16 (v) the total amount of all transfers of 

17 the agency under subparagraph (B) in that 

18 fiscal year. 

19 (E) NO FAULT OF AGENCY.— 

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

21 under this paragraph shall not be made if 

22 the applicable agency described in subpara23 graph (A) notifies, with a supporting expla24 nation, the Federal lead agency, cooperating 


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1 agencies, and project sponsor, as applicable, 

2 that— 

3 (I) the agency has not received 

4 necessary information or approvals 

5 from another entity in a manner that 

6 affects the ability of the agency to meet 

7 any requirements under Federal, State, 

8 or local law; 

9 (II) significant new information, 

10 including from public comments, or 

11 circumstances, including a major 

12 modification to an aspect of the 

13 project, requires additional analysis 

14 for the agency to make a decision on 

15 the project application; or 

16 (III) the agency lacks the finan17 cial resources to complete the review 

18 under the scheduled timeframe, includ19 ing a description of the number of full20 time employees required to complete 

21 the review, the amount of funding re22 quired to complete the review, and a 

23 justification as to why not enough 

24 funding is available to complete the re25 view by the deadline. 


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1 (ii) LACK OF FINANCIAL RE2 SOURCES.—If the agency provides notice 

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

4 of the agency shall— 

5 (I) conduct a financial audit to 

6 review the notice; and 

7 (II) not later than 90 days after 

8 the date on which the review described 

9 in subclause (I) is completed, submit to 

10 the Committee on Natural Resources of 

11 the House of Representatives and the 

12 Committee on Energy and Natural Re13 sources of the Senate the results of the 

14 audit conducted under subclause (I). 

15 (F) LIMITATION.—The Federal agency from 

16 which funds are transferred pursuant to this 

17 paragraph shall not reprogram funds to the of18 fice of the head of the agency, or equivalent of19 fice, to reimburse that office for the loss of the 

20 funds. 

21 (G) EFFECT OF PARAGRAPH.—Nothing in 

22 this paragraph affects or limits the application 

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

24 State, local, or tribal law. 


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1 (j) MEMORANDUM OF AGREEMENTS FOR EARLY CO2 ORDINATION.— 

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

4 Congress that— 

5 (A) the Secretary and other Federal agen6 cies with relevant jurisdiction in the environ7 mental review process should cooperate with each 

8 other, State and local agencies, and Indian 

9 tribes on environmental review and Bureau of 

10 Reclamation project delivery activities at the 

11 earliest practicable time to avoid delays and du12 plication of effort later in the process, prevent 

13 potential conflicts, and ensure that planning and 

14 project development decisions reflect environ15 mental values; and 

16 (B) the cooperation referred to in subpara17 graph (A) should include the development of 

18 policies and the designation of staff that advise 

19 planning agencies and project sponsors of studies 

20 or other information foreseeably required for 

21 later Federal action and early consultation with 

22 appropriate State and local agencies and Indian 

23 tribes. 

24 (2) TECHNICAL ASSISTANCE.—If requested at 

25 any time by a State or project sponsor, the Secretary 


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1 and other Federal agencies with relevant jurisdiction 

2 in the environmental review process, shall, to the 

3 maximum extent practicable and appropriate, as de4 termined by the agencies, provide technical assistance 

5 to the State or project sponsor in carrying out early 

6 coordination activities. 

7 (3) MEMORANDUM OF AGENCY AGREEMENT.—If 

8 requested at any time by a State or project sponsor, 

9 the Federal lead agency, in consultation with other 

10 Federal agencies with relevant jurisdiction in the en11 vironmental review process, may establish memo12 randa of agreement with the project sponsor, Indian 

13 tribes, State and local governments, and other appro14 priate entities to carry out the early coordination ac15 tivities, including providing technical assistance in 

16 identifying potential impacts and mitigation issues 

17 in an integrated fashion. 

18 (k) LIMITATIONS.—Nothing in this section preempts or 

19 interferes with— 

20 (1) any obligation to comply with the provisions 

21 of any Federal law, including— 

22 (A) the National Environmental Policy Act 

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

24 (B) any other Federal environmental law; 


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1 (2) the reviewability of any final Federal agency 

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

3 of any State; 

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

5 responding to public comment; or 

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

7 or authority that a Federal, State, or local govern8 mental agency, Indian tribe, or project sponsor has 

9 with respect to carrying out a project or any other 

10 provision of law applicable to projects. 

11 (l) TIMING OF CLAIMS.— 

12 (1) TIMING.— 

13 (A) IN GENERAL.—Notwithstanding any 

14 other provision of law, a claim arising under 

15 Federal law seeking judicial review of a permit, 

16 license, or other approval issued by a Federal 

17 agency for a project study shall be barred unless 

18 the claim is filed not later than 3 years after 

19 publication of a notice in the Federal Register 

20 announcing that the permit, license, or other ap21 proval is final pursuant to the law under which 

22 the agency action is taken, unless a shorter time 

23 is specified in the Federal law that allows judi24 cial review. 


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1 (B) APPLICABILITY.—Nothing in this sub2 section creates a right to judicial review or 

3 places any limit on filing a claim that a person 

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

5 other approval. 

6 (2) NEW INFORMATION.— 

7 (A) IN GENERAL.—The Secretary shall con8 sider new information received after the close of 

9 a comment period if the information satisfies the 

10 requirements for a supplemental environmental 

11 impact statement under title 40, Code of Federal 

12 Regulations (including successor regulations). 

13 (B) SEPARATE ACTION.—The preparation of 

14 a supplemental environmental impact statement 

15 or other environmental document, if required 

16 under this section, shall be considered a separate 

17 final agency action and the deadline for filing a 

18 claim for judicial review of the action shall be 3 

19 years after the date of publication of a notice in 

20 the Federal Register announcing the action relat21 ing to such supplemental environmental impact 

22 statement or other environmental document. 

23 (m) CATEGORICAL EXCLUSIONS.— 


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

2 the date of enactment of this Act, the Secretary 

3 shall— 

4 (A) survey the use by the Bureau of Rec5 lamation and the Bureau of Indian Affairs of 

6 categorical exclusions in projects since 2005; 

7 (B) publish a review of the survey that in8 cludes a description of— 

9 (i) the types of actions that were cat10 egorically excluded or could be the basis for 

11 developing a new categorical exclusion; and 

12 (ii) any requests previously received by 

13 the Secretary for new categorical exclusions; 

14 and 

15 (C) solicit requests from other Federal agen16 cies and project sponsors for new categorical ex17 clusions. 

18 (2) NEW CATEGORICAL EXCLUSIONS.—Not later 

19 than 1 year after the date of enactment of this Act, 

20 if the Secretary has identified a category of activities 

21 that merit establishing a categorical exclusion that 

22 did not exist on the day before the date of enactment 

23 of this Act based on the review under paragraph (1), 

24 the Secretary shall publish a notice of proposed rule25 making to propose that new categorical exclusion, to 


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1 the extent that the categorical exclusion meets the cri2 teria for a categorical exclusion under section 1508.4 

3 of title 40, Code of Federal Regulations (or successor 

4 regulation). 

5 (n) REVIEW OF PROJECT ACCELERATION REFORMS.— 

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

7 the United States shall— 

8 (A) assess the reforms carried out under this 

9 section; and 

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

11 than 10 years after the date of enactment of this 

12 Act, submit to the Committee on Natural Re13 sources of the House of Representatives and the 

14 Committees on Energy and Natural Resources 

15 and Indian Affairs of the Senate a report that 

16 describes the results of the assessment. 

17 (2) CONTENTS.—The reports under paragraph 

18 (1) shall include an evaluation of impacts of the re19 forms carried out under this section on— 

20 (A) project delivery; 

21 (B) compliance with environmental laws; 

22 and 

23 (C) the environmental impact of projects. 

24 (o) PERFORMANCE MEASUREMENT.—The Secretary 

25 shall establish a program to measure and report on progress 


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1 made toward improving and expediting the planning and 

2 environmental review process. 

3 (p) CATEGORICAL EXCLUSIONS IN EMERGENCIES.— 

4 For the repair, reconstruction, or rehabilitation of a Bureau 

5 of Reclamation or Bureau of Indian Affairs project that 

6 is in operation or under construction when damaged by an 

7 event or incident that results in a declaration by the Presi8 dent of a major disaster or emergency pursuant to the Rob9 ert T. Stafford Disaster Relief and Emergency Assistance 

10 Act (42 U.S.C. 5121 et seq.), the Secretary shall treat such 

11 repair, reconstruction, or rehabilitation activity as a class 

12 of action categorically excluded from the requirements relat13 ing to environmental assessments or environmental impact 

14 statements under section 1508.4 of title 40, Code of Federal 

15 Regulations (or successor regulations), if the repair or re16 construction activity is— 

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

18 dimensions, and design as the original Bureau of 

19 Reclamation or Bureau of Indian Affairs project as 

20 before the declaration described in this section; and 

21 (2) commenced within a 2-year period beginning 

22 on the date of a declaration described in this sub23 section. 


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1 SEC. 6. ANNUAL REPORT TO CONGRESS. 

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

3 year, the Secretary shall develop and submit to the Com4 mittee on Natural Resources of the House of Representatives 

5 and the Committees on Energy and Natural Resources and 

6 Indian Affairs of the Senate an annual report, to be entitled 

7 ‘‘Report to Congress on Future Water Project Develop8 ment’’, that identifies the following: 

9 (1) PROJECT REPORTS.—Each project report 

10 that meets the criteria established in subsection 

11 (c)(1)(A). 

12 (2) PROPOSED PROJECT STUDIES.—Any pro13 posed project study submitted to the Secretary by a 

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

15 meets the criteria established in subsection (c)(1)(A). 

16 (3) PROPOSED MODIFICATIONS.—Any proposed 

17 modification to an authorized water project or project 

18 study that meets the criteria established in subsection 

19 (c)(1)(A) that— 

20 (A) is submitted to the Secretary by a non21 Federal interest pursuant to subsection (b); or 

22 (B) is identified by the Secretary for au23 thorization. 

24 (4) EXPEDITED COMPLETION OF REPORT AND

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1 dited and any Secretarial determinations under sec2 tion 4 of this Act. 

3 (b) REQUESTS FOR PROPOSALS.— 

4 (1) PUBLICATION.—Not later than May 1 of each 

5 year, the Secretary shall publish in the Federal Reg6 ister a notice requesting proposals from non-Federal 

7 interests for proposed project studies and proposed 

8 modifications to authorized projects and project stud9 ies to be included in the annual report. 

10 (2) DEADLINE FOR REQUESTS.—The Secretary 

11 shall include in each notice required by this sub12 section a requirement that non-Federal interests sub13 mit to the Secretary any proposals described in para14 graph (1) by not later than 120 days after the date 

15 of publication of the notice in the Federal Register in 

16 order for the proposals to be considered for inclusion 

17 in the annual report. 

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

19 of each notice required by this subsection, the Sec20 retary shall— 

21 (A) make the notice publicly available, in22 cluding on the Internet; and 

23 (B) provide written notification of the pub24 lication to the Committee on Natural Resources 

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1 tees on Energy and Natural Resources and In2 dian Affairs of the Senate. 

3 (c) CONTENTS.— 

4 (1) PROJECT REPORTS, PROPOSED PROJECT

5 STUDIES, AND PROPOSED MODIFICATIONS.— 

6 (A) CRITERIA FOR INCLUSION IN REPORT.— 

7 The Secretary shall include in the annual report 

8 only those project reports, proposed project stud9 ies, and proposed modifications to authorized 

10 projects and project studies that— 

11 (i) are related to the missions and au12 thorities of the Bureau of Reclamation or 

13 the Bureau of Indian Affairs; 

14 (ii) require specific congressional au15 thorization, including by an Act of Con16 gress; 

17 (iii) have not been congressionally au18 thorized; 

19 (iv) have not been included in any pre20 vious annual report; and 

21 (v) if authorized, could be carried out 

22 by the Bureau of Reclamation or the Bu23 reau of Indian Affairs. 

24 (B) DESCRIPTION OF BENEFITS.— 


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1 (i) DESCRIPTION.—The Secretary shall 

2 describe in the annual report, to the extent 

3 applicable and practicable, for each pro4 posed project study and proposed modifica5 tion to an authorized water resources devel6 opment project or project study included in 

7 the annual report, the benefits, as described 

8 in clause (ii), of each such study or pro9 posed modification. 

10 (ii) BENEFITS.—The benefits (or ex11 pected benefits, in the case of a proposed 

12 project study) described in this clause are 

13 benefits to— 

14 (I) the protection of human life 

15 and property; 

16 (II) improvement to domestic irri17 gated water and power supplies; 

18 (III) the national economy; 

19 (IV) the environment; or 

20 (V) the national security interests 

21 of the United States. 

22 (C) IDENTIFICATION OF OTHER FACTORS.— 

23 The Secretary shall identify in the annual re24 port, to the extent practicable— 


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1 (i) for each proposed project study in2 cluded in the annual report, the non-Fed3 eral interest that submitted the proposed 

4 project study pursuant to subsection (b); 

5 and 

6 (ii) for each proposed project study 

7 and proposed modification to a project or 

8 project study included in the annual report, 

9 whether the non-Federal interest has dem10 onstrated— 

11 (I) that local support exists for 

12 the proposed project study or proposed 

13 modification to an authorized project 

14 or project study (including the surface 

15 water storage development project that 

16 is the subject of the proposed feasibility 

17 study or the proposed modification to 

18 an authorized project study); and 

19 (II) the financial ability to pro20 vide the required non-Federal cost 

21 share. 

22 (2) TRANSPARENCY.—The Secretary shall in23 clude in the annual report, for each project report, 

24 proposed project study, and proposed modification to 


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1 a project or project study included under paragraph 

2 (1)(A)— 

3 (A) the name of the associated non-Federal 

4 interest, including the name of any non-Federal 

5 interest that has contributed, or is expected to 

6 contribute, a non-Federal share of the cost of— 

7 (i) the project report; 

8 (ii) the proposed project study; 

9 (iii) the authorized project study for 

10 which the modification is proposed; or 

11 (iv) construction of— 

12 (I) the project that is the subject 

13 of— 

14 (aa) the water report; 

15 (bb) the proposed project 

16 study; or 

17 (cc) the authorized project 

18 study for which a modification is 

19 proposed; or 

20 (II) the proposed modification to 

21 a project; 

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

23 water report, proposed project study, or proposed 

24 modification to a project or project study from 

25 each associated non-Federal interest; 


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1 (C) the purpose of the feasibility report, 

2 proposed feasibility study, or proposed modifica3 tion to a project or project study; 

4 (D) an estimate, to the extent practicable, of 

5 the Federal, non-Federal, and total costs of— 

6 (i) the proposed modification to an au7 thorized project study; and 

8 (ii) construction of— 

9 (I) the project that is the subject 

10 of— 

11 (aa) the project report; or 

12 (bb) the authorized project 

13 study for which a modification is 

14 proposed, with respect to the 

15 change in costs resulting from 

16 such modification; or 

17 (II) the proposed modification to 

18 an authorized project; and 

19 (E) an estimate, to the extent practicable, of 

20 the monetary and nonmonetary benefits of— 

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

22 (I) the project report; or 

23 (II) the authorized project study 

24 for which a modification is proposed, 


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1 with respect to the benefits of such 

2 modification; or 

3 (ii) the proposed modification to an 

4 authorized project. 

5 (3) CERTIFICATION.—The Secretary shall include 

6 in the annual report a certification stating that each 

7 feasibility report, proposed feasibility study, and pro8 posed modification to a project or project study in9 cluded in the annual report meets the criteria estab10 lished in paragraph (1)(A). 

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

12 the annual report an appendix listing the proposals 

13 submitted under subsection (b) that were not included 

14 in the annual report under paragraph (1)(A) and a 

15 description of why the Secretary determined that 

16 those proposals did not meet the criteria for inclusion 

17 under such paragraph. 

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

19 Notwithstanding any other deadlines required by this sec20 tion, the Secretary shall— 

21 (1) not later than 60 days after the date of en22 actment of this Act, publish in the Federal Register 

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

24 (2) include in such notice a requirement that 

25 non-Federal interests submit to the Secretary any 


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

2 than 120 days after the date of publication of such 

3 notice in the Federal Register in order for such pro4 posals to be considered for inclusion in the first an5 nual report developed by the Secretary under this sec6 tion. 

7 (e) PUBLICATION.—Upon submission of an annual re8 port to Congress, the Secretary shall make the annual report 

9 publicly available, including through publication on the 

10 Internet. 

11 (f) DEFINITION.—In this section, the term ‘‘project re12 port’’ means a final feasibility report developed under the 

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

14 amendatory thereof or supplementary thereto. 

15 SEC. 7. APPLICABILITY OF THE WIIN ACT. 

16 Sections 3221 through 3226, 4007 and 4009 of the 

17 WIIN Act (Public Law 114–322) shall not apply to any 

18 project (as defined in section 2 of this Act). 

19 SEC. 8. PROJECT AUTHORIZATIONS. 

20 The following projects for water resources development 

21 and conservation and other purposes, as identified in the 

22 following reports and correspondence are authorized to be 

23 carried out by the Secretary substantially in accordance 

24 with the plans, and subject to the conditions, described in 


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1 the respective reports and correspondence designated in this 

2 section: 

State Name 

Date of Feasibility Report 

Estimated Costs 

WA Yakima Basin 

Integrated 

Plan-Initial 

Development 

Phase 

March 2, 2012 Non-Federal: $627,000,000 

Federal: $92,100,000 

Total: $719,100,000 

KS Equus Beds Division of the 

Wichita Project 

January 19, 

2010 

Non-Federal: $90,000,000 

Federal: $30,000,000 

Total: $120,000,000 

MT Musselshell-Judith Rural 

Water System 

July 31, 2015 Non-Federal: $21,801,000 

Federal: $65,301,000 

Total: $87,102,000 

3 SEC. 9. DEAUTHORIZATIONS. 

4 (a) PURPOSES; DEFINITIONS.— 

5 (1) PURPOSES.—The purposes of this section 

6 are— 

7 (A) to identify $187,401,000 in Bureau of 

8 Reclamation projects and programs that are no 

9 longer feasible due to— 

10 (i) a lack of local support; 

11 (ii) a lack of available Federal or non12 Federal resources; or 

13 (iii) an authorized purpose that is no 

14 longer relevant or feasible; 

15 (B) to establish an efficient and transparent 

16 process for deauthorizing Bureau of Reclamation 

17 projects and programs that have failed to receive 


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1 a minimum level of investment, thereby ensuring 

2 active projects can move forward while reducing 

3 the backlog of authorized projects; 

4 (C) to create an expedited and definitive 

5 process to deauthorize Reclamation projects and 

6 programs; 

7 (D) to allow the continued authorization of 

8 programs and projects that are feasible; and 

9 (E) to establish a process for identifying au10 thorized Bureau of Reclamation projects and 

11 programs that are no longer— 

12 (i) in the Federal interest; or 

13 (ii) feasible. 

14 (2) DEFINITIONS.—In this section: 

15 (A) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of the Interior. 

17 (B) RECLAMATION PROJECT OR PRO18 GRAM.—The term ‘‘Reclamation project and pro19 gram’’ includes any project or program that is 

20 administered by the Bureau of Reclamation. 

21 (b) COMPREHENSIVE REPORTS.— 

22 (1) MINIMUM FUNDING LIST.—Not later than 

23 180 days after the date of the enactment of this Act, 

24 the Secretary shall submit to the Committee on En25 ergy and Natural Resources of the Senate and the 


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1 Committee on Natural Resources of the House of Rep2 resentatives, and make available on a publicly acces3 sible Internet website in a manner that is 

4 downloadable, searchable, and sortable, a list of— 

5 (A) reclamation programs that are author6 ized and for which funding was obligated during 

7 the current fiscal year or any of the preceding 5 

8 fiscal years; 

9 (B) projects or separable elements of projects 

10 authorized for construction for which funding 

11 has been obligated during the current fiscal year 

12 or any of the 5 preceding fiscal years; and 

13 (C) for each project or element of a project 

14 listed pursuant to subparagraph (B)— 

15 (i) the amount of funding obligated for 

16 each such project or separable element per 

17 fiscal year; 

18 (ii) the current phase of each such 

19 project or separable element; and 

20 (iii) the amount required to complete 

21 the current phase of each such project or 

22 separable element. 

23 (2) BACKLOG REPORT.—With the report required 

24 under paragraph (1), the Secretary shall submit to 

25 the Committee on Energy and Natural Resources of 


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1 the Senate and the Committee on Natural Resources 

2 of the House of Representatives, and make available 

3 on a publicly accessible Internet website in a manner 

4 that is downloadable, searchable, and sortable, a list 

5 of— 

6 (A) programs that are authorized and for 

7 which funding was not obligated during the cur8 rent fiscal year or any of the preceding 5 fiscal 

9 years; 

10 (B) projects or separable elements that are 

11 authorized for construction but have not been 

12 completed; and 

13 (C) for each project or separable element 

14 listed pursuant to subparagraph (B)— 

15 (i) the date of authorization of the 

16 project or separable element, including any 

17 subsequent modifications to the original au18 thorization; 

19 (ii) the original budget authority for 

20 the project or separable element; 

21 (iii) a brief description of the project 

22 or separable element; 

23 (iv) the estimated date of completion of 

24 the project or separable element; 


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1 (v) the estimated cost of completion of 

2 the project or separable element; and 

3 (vi) any amounts appropriated for the 

4 project or separable element that remain 

5 unobligated. 

6 (c) INTERIM DEAUTHORIZATION LIST.— 

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

8 an interim deauthorization list that identifies each 

9 Reclamation program or project, or separable element 

10 of a program or project, authorized 5 years prior to 

11 enactment of this Act, for which Federal and non12 Federal funding was obligated to before the date of the 

13 enactment of this Act, but for which no Federal or 

14 non-Federal funds were obligated for the program, 

15 project, or separable element of the program or project 

16 during the current fiscal year or any of the 5 pre17 ceding fiscal years. 

18 (2) SPECIAL RULE FOR PROJECTS RECEIVING

19 FUNDS FOR POST-AUTHORIZATION STUDY.—A project 

20 or separable element of a project may not be identi21 fied on the interim deauthorization list, or the final 

22 deauthorization list developed under subsection (d), if 

23 the project or separable element received Federal fund24 ing for a post-authorization study during the current 

25 fiscal year or any of the 5 preceding fiscal years. 


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1 (3) PUBLIC COMMENT AND CONSULTATION.—The 

2 Secretary shall solicit comments from the public and 

3 the Governors of each applicable State on the interim 

4 deauthorization list developed under paragraph (1). 

5 The public comment period shall be 90 days. 

6 (4) SUBMISSION TO CONGRESS; PUBLICATION.— 

7 Not later than 90 days after the date of the submis8 sion of the list required by subsection (b), the Sec9 retary shall— 

10 (A) submit the interim deauthorization list 

11 to the Committee on Energy and Natural Re12 sources of the Senate and the Committee on Nat13 ural Resources of the House of Representatives; 

14 and 

15 (B) publish the interim deauthorization list 

16 in the Federal Register. 

17 (d) FINAL DEAUTHORIZATION LIST.— 

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

19 final deauthorization list of each Reclamation pro20 gram or project, or separable element of a program or 

21 project, described in subsection (c)(1) that is identi22 fied pursuant to this subsection. 

23 (2) DEAUTHORIZATION AMOUNT.—The Secretary 

24 shall include on the final deauthorization list projects 

25 and separable elements of projects that have, in the 


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1 aggregate, an estimated Federal cost to complete that 

2 is at least $187,401,000. 

3 (3) IDENTIFICATION OF PROJECTS.— 

4 (A) SEQUENCING OF PROJECTS.— 

5 (i) IN GENERAL.—The Secretary shall 

6 identify projects and separable elements of 

7 projects for inclusion on the final deauthor8 ization list according to the order in which 

9 the projects and separable elements of the 

10 projects were authorized, beginning with the 

11 earliest authorized projects and separable 

12 elements of projects and ending once the last 

13 project or separable element of a project nec14 essary to meet the aggregate amount under 

15 paragraph (2) is identified. 

16 (ii) FACTORS TO CONSIDER.—The Sec17 retary may identify programs, projects, and 

18 separable elements of programs and projects 

19 for exclusion from the final deauthorization 

20 list if the Secretary determines, on a case21 by-case basis, that a project or separable ele22 ment of a project is critical for interests of 

23 the United States, based on the possible im24 pact of the project or separable element of 


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1 the project on public health and safety, the 

2 national economy, or the environment. 

3 (iii) CONSIDERATION OF PUBLIC COM4 MENTS.—In making determinations under 

5 clauses (i) and (ii), the Secretary shall con6 sider any comments received under sub7 section (c)(3). 

8 (B) APPENDIX.—The Secretary shall in9 clude as part of the final deauthorization list an 

10 appendix that— 

11 (i) identifies each program, project, 

12 and separable element of a program or 

13 project on the interim deauthorization list 

14 developed under subsection (c) that is not 

15 included on the final deauthorization list; 

16 and 

17 (ii) describes the reasons why the pro18 gram, project, or separable element is not 

19 included. 

20 (4) SUBMISSION TO CONGRESS; PUBLICATION.— 

21 Not later than 120 days after the date on which the 

22 public comment period under subsection (c)(3) ex23 pires, the Secretary shall— 

24 (A) submit the final deauthorization list 

25 and the appendix to the final deauthorization 


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1 list to the Committee on Energy and Natural 

2 Resources of the Senate and the Committee on 

3 Natural Resources of the House of Representa4 tives; and 

5 (B) publish the final deauthorization list 

6 and the appendix to the final deauthorization 

7 list in the Federal Register. 

8 (e) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

9 (1) IN GENERAL.—Subject to paragraph (2), 

10 after the date that is 180 days after the date of sub11 mission of the final deauthorization report under sub12 section (d), a program, project, or separable element 

13 of a program or project identified in the report is de14 authorized, unless Congress passes a joint resolution 

15 disapproving the final deauthorization report prior to 

16 the end of that period. 

17 (2) NON-FEDERAL CONTRIBUTIONS.—A program, 

18 project, or separable element of a program or project 

19 identified in the final deauthorization report under 

20 subsection (d) shall not be deauthorized under this 

21 subsection if, before the expiration of the 180-day pe22 riod referred to in paragraph (1), the non-Federal in23 terest of the program, project, or separable element of 

24 the project provides sufficient funds to complete the 

25 program, project, or separable element of the project. 


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1 (f) TREATMENT OF PROJECT MODIFICATIONS.—For 

2 purposes of this section, if an authorized water resources 

3 development program, project, or separable element of the 

4 program or project has been modified by an Act of Congress, 

5 the date of authorization of the program, project, or sepa6 rable element shall be deemed to be the date of the most 

7 recent modification. 

8 (g) EXEMPTION.—This section shall not apply to any 

9 project that would yield more than 200,000 acre-feet of 

10 water per year on average. 


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Union Calendar No. 782 

115TH CONGRESS 

2D SESSION H. R. 4419 

[Report No. 115–1001] 

A BILL 

To facilitate and streamline the Bureau of Recand for other purposes. for creating or expanding certain water projects, lamation and Bureau of Indian Affairs processes 

NOVEMBER 2, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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