I 

115TH CONGRESS 

1ST SESSION H. R. 4419 

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 

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. 

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: 


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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 or Bureau of Indian Affairs. 

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

8 (A) a surface water project, a project 

9 under the purview of title XVI of Public Law 

10 102–575, a rural water supply project inves11 tigated under Public Law 109–451, or a Fed12 eral portion of an integrated water resource 

13 management plan that has been subject to a re14 view under the National Environmental Policy 

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

16 be carried out, funded or operated in whole or 

17 in party by the Secretary pursuant to the Act 

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

19 and Acts supplemental to and amendatory of 

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

21 (B) Indian irrigation projects in the west22 ern United States that, on the date of enact23 ment of this Act, are owned by the Federal 

24 Government, as listed in the Federal inventory 

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


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1 121 note; relating to Federal real property 

2 asset management). 

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

4 sponsor’’ means a State, regional, tribal, or local au5 thority or instrumentality or other qualifying entity, 

6 such as a water conservation district, irrigation dis7 trict, water conservancy district, joint powers au8 thority, mutual water company, canal company, 

9 rural water district or association, or any other enti10 ty that has the capacity to contract with the United 

11 States under Federal reclamation law. 

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

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

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

15 388, chapter 1093), and Acts supplemental to and 

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

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

18 the Secretary of the Interior. 

19 (9) SURFACE WATER STORAGE.—The term 

20 ‘‘surface water storage’’ means any surface water 

21 reservoir or impoundment that would be owned, 

22 funded or operated in whole or in part by the Bu23 reau of Reclamation or the Bureau of Indian Affairs 

24 or that would be integrated into a larger system 

25 owned, operated or administered in whole or in part 


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1 by the Bureau of Reclamation or the Bureau of In2 dian Affairs. 

3 SEC. 3. ACCELERATION OF STUDIES. 

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

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

6 enactment of this Act, shall— 

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

8 report not later than 3 years after the date of initi9 ation; 

10 (2) have a maximum Federal cost of 

11 $3,000,000; and 

12 (3) ensure that personnel from the local project 

13 area, region, and headquarters levels of the Bureau 

14 of Reclamation or the Bureau of Indian Affairs con15 currently conduct the review required under that 

16 section. 

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

18 project study described in subsection (a) will not be con19 ducted in accordance with subsection (a), the Secretary, 

20 not later than 30 days after the date of making the deter21 mination, shall— 

22 (1) prepare an updated project study schedule 

23 and cost estimate; 

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

25 partner that the project study has been delayed; and 


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1 (3) provide written notice to the Committee on 

2 Natural Resources of the House of Representatives 

3 and the Committee on Energy and Natural Re4 sources of the Senate as to the reasons the require5 ments of subsection (a) are not attainable. 

6 (c) EXCEPTION.— 

7 (1) IN GENERAL.—Notwithstanding the re8 quirements of subsection (a), the Secretary may ex9 tend the timeline of a project study by a period not 

10 to exceed 3 years, if the Secretary determines that 

11 the project study is too complex to comply with the 

12 requirements of subsection (a). 

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

14 a study is too complex to comply with the require15 ments of subsection (a), the Secretary shall con16 sider— 

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

18 overall cost of the project; 

19 (B) whether the project will use any inno20 vative design or construction techniques; 

21 (C) whether the project will require signifi22 cant action by other Federal, State, or local 

23 agencies; 


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1 (D) whether there is significant public dis2 pute as to the nature or effects of the project; 

3 and 

4 (E) whether there is significant public dis5 pute as to the economic or environmental costs 

6 or benefits of the project. 

7 (3) NOTIFICATION.—Each time the Secretary 

8 makes a determination under this subsection, the 

9 Secretary shall provide written notice to the Com10 mittee on Natural Resources of the House of Rep11 resentatives and the Committees on Energy and 

12 Natural Resources and Indian Affairs of the Senate 

13 as to the results of that determination, including an 

14 identification of the specific one or more factors 

15 used in making the determination that the project is 

16 complex. 

17 (4) LIMITATION.—The Secretary shall not ex18 tend the timeline for a project study for a period of 

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

20 completed before that date shall no longer be au21 thorized. 

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

23 of the initiation of a project study described in subsection 

24 (a), the Secretary shall— 


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1 (1) take all steps necessary to initiate the proc2 ess for completing federally mandated reviews that 

3 the Secretary is required to complete as part of the 

4 study, including the environmental review process 

5 under section 5; 

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

7 State agencies identified under section 5(d) that 

8 may— 

9 (A) have jurisdiction over the project; 

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

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

12 project study; or 

13 (C) be required to make a determination 

14 on issuing a permit, license, or other approval 

15 or decision for the project study; and 

16 (3) take all steps necessary to provide informa17 tion that will enable required reviews and analyses 

18 related to the project to be conducted by other agen19 cies in a thorough and timely manner. 

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

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

22 submit to the Committee on Natural Resources of the 

23 House of Representatives and the Committees on Energy 

24 and Natural Resources and Indian Affairs of the Senate 

25 and make publicly available a report that describes— 


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1 (1) the status of the implementation of the 

2 planning process under this section, including the 

3 number of participating projects; 

4 (2) a review of project delivery schedules, in5 cluding a description of any delays on those studies 

6 initiated prior to the date of the enactment of this 

7 Act; and 

8 (3) any recommendations for additional author9 ity necessary to support efforts to expedite the 

10 project. 

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

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

13 to the Committee on Natural Resources of the House of 

14 Representatives and the Committees on Energy and Nat15 ural Resources and Indian Affairs of the Senate and make 

16 publicly available a report that describes— 

17 (1) the status of the implementation of this sec18 tion, including a description of each project study 

19 subject to the requirements of this section; 

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

21 project study; and 

22 (3) any recommendations for additional author23 ity necessary to support efforts to expedite the 

24 project study process, including an analysis of 

25 whether the limitation established by subsection 


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

2 of inflation. 

3 SEC. 4. EXPEDITED COMPLETION OF REPORTS. 

4 The Secretary shall— 

5 (1) expedite the completion of any ongoing 

6 project study initiated before the date of enactment 

7 of this Act; and 

8 (2) if the Secretary determines that the project 

9 is justified in a completed report, proceed directly to 

10 preconstruction planning, engineering, and design of 

11 the project in accordance with the Reclamation Act 

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

13 thereof or supplementary thereto. 

14 SEC. 5. PROJECT ACCELERATION. 

15 (a) APPLICABILITY.— 

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

17 (A) each project study that is initiated 

18 after the date of enactment of this Act and for 

19 which an environmental impact statement is 

20 prepared under the National Environmental 

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

22 (B) the extent determined appropriate by 

23 the Secretary, to other project studies initiated 

24 before the date of enactment of this Act and for 

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1 ment is prepared under the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et 

3 seq.); and 

4 (C) any project study for the development 

5 of a non-federally owned and operated surface 

6 water storage project for which the Secretary 

7 determines there is a demonstrable Federal in8 terest and the project— 

9 (i) is located in a river basin where 

10 other Bureau of Reclamation or the Bu11 reau of Indian Affairs water projects are 

12 located; 

13 (ii) will create additional water sup14 plies that support Bureau of Reclamation 

15 or the Bureau of Indian Affairs water 

16 projects; or 

17 (iii) will become integrated into the 

18 operation of Bureau of Reclamation or the 

19 Bureau of Indian Affairs water projects. 

20 (2) FLEXIBILITY.—Any authority granted 

21 under this section may be exercised, and any re22 quirement established under this section may be sat23 isfied, for the conduct of an environmental review 

24 process for a project study, a class of project stud25 ies, or a program of project studies. 


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1 (3) LIST OF PROJECT STUDIES.— 

2 (A) IN GENERAL.—The Secretary shall an3 nually prepare, and make publicly available, a 

4 list of all project studies that the Secretary has 

5 determined— 

6 (i) meets the standards described in 

7 paragraph (1); and 

8 (ii) does not have adequate funding to 

9 make substantial progress toward the com10 pletion of the project study. 

11 (B) INCLUSIONS.—The Secretary shall in12 clude for each project study on the list under 

13 subparagraph (A) a description of the estimated 

14 amounts necessary to make substantial progress 

15 on the project study. 

16 (b) PROJECT REVIEW PROCESS.— 

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

18 and implement a coordinated environmental review 

19 process for the development of project studies. 

20 (2) COORDINATED REVIEW.—The coordinated 

21 environmental review process described in paragraph 

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

23 statement, permit, license, or other approval or deci24 sion issued or made by a Federal, State, or local 

25 governmental agency or an Indian tribe for a project 


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

2 the maximum extent practicable, concurrently with 

3 any other applicable governmental agency or Indian 

4 tribe. 

5 (3) TIMING.—The coordinated environmental 

6 review process under this subsection shall be com7 pleted not later than the date on which the Sec8 retary, in consultation and concurrence with the 

9 agencies identified under section 5(d), establishes 

10 with respect to the project study. 

11 (c) LEAD AGENCIES.— 

12 (1) JOINT LEAD AGENCIES.— 

13 (A) IN GENERAL.—Subject to the require14 ments of the National Environmental Policy 

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

16 requirements of section 1506.8 of title 40, Code 

17 of Federal Regulations (or successor regula18 tions), including the concurrence of the pro19 posed joint lead agency, a project sponsor may 

20 serve as the joint lead agency. 

21 (B) PROJECT SPONSOR AS JOINT LEAD

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

23 local governmental entity may— 

24 (i) with the concurrence of the Sec25 retary, serve as a joint lead agency with 


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1 the Federal lead agency for purposes of 

2 preparing any environmental document 

3 under the National Environmental Policy 

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

5 (ii) prepare any environmental review 

6 process document under the National En7 vironmental Policy Act of 1969 (42 U.S.C. 

8 4321 et seq.) required in support of any 

9 action or approval by the Secretary if— 

10 (I) the Secretary provides guid11 ance in the preparation process and 

12 independently evaluates that docu13 ment; 

14 (II) the project sponsor complies 

15 with all requirements applicable to the 

16 Secretary under— 

17 (aa) the National Environ18 mental Policy Act of 1969 (42 

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

20 (bb) any regulation imple21 menting that Act; and 

22 (cc) any other applicable 

23 Federal law; and 

24 (III) the Secretary approves and 

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1 retary takes any subsequent action or 

2 makes any approval based on that 

3 document, regardless of whether the 

4 action or approval of the Secretary re5 sults in Federal funding. 

6 (2) DUTIES.—The Secretary shall ensure 

7 that— 

8 (A) the project sponsor complies with all 

9 design and mitigation commitments made joint10 ly by the Secretary and the project sponsor in 

11 any environmental document prepared by the 

12 project sponsor in accordance with this sub13 section; and 

14 (B) any environmental document prepared 

15 by the project sponsor is appropriately supple16 mented to address any changes to the project 

17 the Secretary determines are necessary. 

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

19 environmental document prepared in accordance 

20 with this subsection shall be adopted and used by 

21 any Federal agency making any determination re22 lated to the project study to the same extent that 

23 the Federal agency could adopt or use a document 

24 prepared by another Federal agency under— 


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1 (A) the National Environmental Policy Act 

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

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

4 Code of Federal Regulations (or successor regu5 lations). 

6 (4) ROLES AND RESPONSIBILITY OF LEAD

7 AGENCY.—With respect to the environmental review 

8 process for any project study, the Federal lead agen9 cy shall have authority and responsibility— 

10 (A) to take such actions as are necessary 

11 and proper and within the authority of the Fed12 eral lead agency to facilitate the expeditious 

13 resolution of the environmental review process 

14 for the project study; and 

15 (B) to prepare or ensure that any required 

16 environmental impact statement or other envi17 ronmental review document for a project study 

18 required to be completed under the National 

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

20 4321 et seq.) is completed in accordance with 

21 this section and applicable Federal law. 

22 (d) PARTICIPATING AND COOPERATING AGENCIES.— 

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1 retary shall identify, as early as practicable in the 

2 environmental review process, all Federal, State, and 

3 local government agencies and Indian tribes that 

4 may— 

5 (A) have jurisdiction over the project; 

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

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

8 project study; or 

9 (C) be required to make a determination 

10 on issuing a permit, license, or other approval 

11 or decision for the project study. 

12 (2) STATE AUTHORITY.—If the environmental 

13 review process is being implemented by the Sec14 retary for a project study within the boundaries of 

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

16 choose to participate in the process and to make 

17 subject to the process all State agencies that— 

18 (A) have jurisdiction over the project; 

19 (B) are required to conduct or issue a re20 view, analysis, opinion, or statement for the 

21 project study; or 

22 (C) are required to make a determination 

23 on issuing a permit, license, or other approval 

24 or decision for the project study. 

25 (3) INVITATION.— 


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1 (A) IN GENERAL.—The Federal lead agen2 cy shall invite, as early as practicable in the en3 vironmental review process, any agency identi4 fied under paragraph (1) to become a partici5 pating or cooperating agency, as applicable, in 

6 the environmental review process for the project 

7 study. 

8 (B) DEADLINE.—An invitation to partici9 pate issued under subparagraph (A) shall set a 

10 deadline by which a response to the invitation 

11 shall be submitted, which may be extended by 

12 the Federal lead agency for good cause. 

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

14 Code of Federal Regulations (as in effect on the 

15 date of enactment of this Act), shall govern the iden16 tification and the participation of a cooperating 

17 agency. 

18 (5) FEDERAL COOPERATING AGENCIES.—Any 

19 Federal agency that is invited by the Federal lead 

20 agency to participate in the environmental review 

21 process for a project study shall be designated as a 

22 cooperating agency by the Federal lead agency un23 less the invited agency informs the Federal lead 

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

25 invitation that the invited agency— 


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

2 respect to the project; 

3 (ii) has no expertise or information rel4 evant to the project; or 

5 (iii) does not have adequate funds to par6 ticipate in the project; and 

7 (B) does not intend to submit comments 

8 on the project. 

9 (6) ADMINISTRATION.—A participating or co10 operating agency shall comply with this section and 

11 any schedule established under this section. 

12 (7) EFFECT OF DESIGNATION.—Designation as 

13 a participating or cooperating agency under this 

14 subsection shall not imply that the participating or 

15 cooperating agency— 

16 (A) supports a proposed project; or 

17 (B) has any jurisdiction over, or special ex18 pertise with respect to evaluation of, the 

19 project. 

20 (8) CONCURRENT REVIEWS.—Each partici21 pating or cooperating agency shall— 

22 (A) carry out the obligations of that agen23 cy under other applicable law concurrently and 

24 in conjunction with the required environmental 

25 review process, unless doing so would prevent 


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1 the participating or cooperating agency from 

2 conducting needed analysis or otherwise car3 rying out those obligations; and 

4 (B) formulate and implement administra5 tive, policy, and procedural mechanisms to en6 able the agency to ensure completion of the en7 vironmental review process in a timely, coordi8 nated, and environmentally responsible manner. 

9 (e) NON-FEDERAL PROJECTS INTEGRATED INTO

10 RECLAMATION SYSTEMS.—The Federal lead agency shall 

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

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

13 operated or administered in whole or in part by the Bu14 reau of Reclamation or the Bureau of Indian Affairs. 

15 (f) NON-FEDERAL PROJECT.—If the Secretary deter16 mines that a project can be expedited by a non-Federal 

17 sponsor and that there is a demonstrable Federal interest 

18 in expediting that project, the Secretary shall take such 

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

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

21 into agreements with the non-Federal sponsor of such 

22 project to support the planning, design and permitting of 

23 such project as a non-Federal project. 

24 (g) PROGRAMMATIC COMPLIANCE.— 


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

2 guidance regarding the use of programmatic ap3 proaches to carry out the environmental review proc4 ess that— 

5 (A) eliminates repetitive discussions of the 

6 same issues; 

7 (B) focuses on the actual issues ripe for 

8 analyses at each level of review; 

9 (C) establishes a formal process for coordi10 nating with participating and cooperating agen11 cies, including the creation of a list of all data 

12 that are needed to carry out an environmental 

13 review process; and 

14 (D) complies with— 

15 (i) the National Environmental Policy 

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

17 (ii) all other applicable laws. 

18 (2) REQUIREMENTS.—In carrying out para19 graph (1), the Secretary shall— 

20 (A) as the first step in drafting guidance 

21 under that paragraph, consult with relevant 

22 Federal, State, and local governmental agen23 cies, Indian tribes, and the public on the appro24 priate use and scope of the programmatic ap25 proaches; 


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1 (B) emphasize the importance of collabora2 tion among relevant Federal, State, and local 

3 governmental agencies, and Indian tribes in un4 dertaking programmatic reviews, especially with 

5 respect to including reviews with a broad geo6 graphical scope; 

7 (C) ensure that the programmatic re8 views— 

9 (i) promote transparency, including of 

10 the analyses and data used in the environ11 mental review process, the treatment of 

12 any deferred issues raised by Federal, 

13 State, and local governmental agencies, In14 dian tribes, or the public, and the temporal 

15 and special scales to be used to analyze 

16 those issues; 

17 (ii) use accurate and timely informa18 tion in the environmental review process, 

19 including— 

20 (I) criteria for determining the 

21 general duration of the usefulness of 

22 the review; and 

23 (II) the timeline for updating any 

24 out-of-date review; 

25 (iii) describe— 


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

3 analysis; and 

4 (II) the role of the public in the 

5 creation of future tiered analysis; and 

6 (iv) are available to other relevant 

7 Federal, State, and local governmental 

8 agencies, Indian tribes, and the public; 

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

10 notice and comment on any proposed guidance; 

11 and 

12 (E) address any comments received under 

13 subparagraph (D). 

14 (h) COORDINATED REVIEWS.— 

15 (1) COORDINATION PLAN.— 

16 (A) ESTABLISHMENT.—The Federal lead 

17 agency shall, after consultation with and with 

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

20 joint lead agency, as applicable, establish a plan 

21 for coordinating public and agency participation 

22 in, and comment on, the environmental review 

23 process for a project study or a category of 

24 project studies. 

25 (B) SCHEDULE.— 


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

3 close of the public comment period on a 

4 draft environmental impact statement, the 

5 Federal lead agency, after consultation 

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

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

12 environmental review process for the 

13 project study. 

14 (ii) FACTORS FOR CONSIDERATION.— 

15 In establishing a schedule, the Secretary 

16 shall consider factors such as— 

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

19 applicable laws; 

20 (II) the resources available to the 

21 project sponsor, joint lead agency, and 

22 other relevant Federal and State 

23 agencies, as applicable; 

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


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1 (IV) the overall schedule for and 

2 cost of the project; and 

3 (V) the sensitivity of the natural 

4 and historical resources that could be 

5 affected by the project. 

6 (iii) MODIFICATIONS.—The Secretary 

7 may— 

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

10 and 

11 (II) shorten a schedule only with 

12 concurrence of the affected partici13 pating and cooperating agencies and 

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

16 (iv) DISSEMINATION.—A copy of a 

17 schedule established under clause (i) shall 

18 be— 

19 (I) provided to each participating 

20 and cooperating agency and the 

21 project sponsor or joint lead agency, 

22 as applicable; and 

23 (II) made available to the public. 

24 (2) COMMENT DEADLINES.—The Federal lead 

25 agency shall establish the following deadlines for 


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1 comment during the environmental review process 

2 for a project study: 

3 (A) DRAFT ENVIRONMENTAL IMPACT

4 STATEMENTS.—For comments by Federal and 

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

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

9 availability of the draft environmental impact 

10 statement, unless— 

11 (i) a different deadline is established 

12 by agreement of the Federal lead agency, 

13 the project sponsor or joint lead agency, as 

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

16 (ii) the deadline is extended by the 

17 Federal lead agency for good cause. 

18 (B) OTHER ENVIRONMENTAL REVIEW

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

21 or public comments in the environmental review 

22 process, a period of not more than 30 days 

23 after the date on which the materials on which 

24 comment is requested are made available, un25 less— 


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1 (i) a different deadline is established 

2 by agreement of the Federal lead agency, 

3 the project sponsor, or joint lead agency, 

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

6 (ii) the deadline is extended by the 

7 Federal lead agency for good cause. 

8 (3) DEADLINES FOR DECISIONS UNDER OTHER

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

10 Federal law relating to a project study, including the 

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

12 to be made by the date described in subsection 

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

16 Natural Resources and Indian Affairs of the Sen17 ate— 

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

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

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

22 (B) every 60 days thereafter until such 

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

25 the Federal agency, an additional notice that 


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

3 date of the additional notice. 

4 (4) INVOLVEMENT OF THE PUBLIC.—Nothing 

5 in this subsection reduces any time period provided 

6 for public comment in the environmental review 

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

9 (5) TRANSPARENCY REPORTING.— 

10 (A) REPORTING REQUIREMENTS.—Not 

11 later than 1 year after the date of enactment of 

12 this Act, the Secretary shall establish and main13 tain an electronic database and, in coordination 

14 with other Federal and State agencies, issue re15 porting requirements to make publicly available 

16 the status and progress with respect to compli17 ance with applicable requirements of the Na18 tional Environmental Policy Act of 1969 (42 

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

20 State, or local approval or action required for a 

21 project study for which this section is applica22 ble. 

23 (B) PROJECT STUDY TRANSPARENCY.— 

24 Consistent with the requirements established 

25 under subparagraph (A), the Secretary shall 


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1 make publicly available the status and progress 

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

3 action, or approval required under applicable 

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

6 (i) ISSUE IDENTIFICATION AND RESOLUTION.— 

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

8 the cooperating agencies, and any participating 

9 agencies shall work cooperatively in accordance with 

10 this section to identify and resolve issues that could 

11 delay completion of the environmental review process 

12 or result in the denial of any approval required for 

13 the project study under applicable laws. 

14 (2) FEDERAL LEAD AGENCY RESPONSIBIL15 ITIES.— 

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

19 early as practicable in the environmental review 

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

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

24 (B) DATA SOURCES.—The information 

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

3 (3) COOPERATING AND PARTICIPATING AGENCY

4 RESPONSIBILITIES.—Based on information received 

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

8 environmental or socioeconomic impacts of the 

9 project, including any issues that could substantially 

10 delay or prevent an agency from granting a permit 

11 or other approval that is needed for the project 

12 study. 

13 (4) ACCELERATED ISSUE RESOLUTION AND

14 ELEVATION.— 

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

16 participating or cooperating agency or project 

17 sponsor, the Secretary shall convene an issue 

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

20 sponsor or joint lead agency, as applicable, to 

21 resolve issues that may— 

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


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

4 (B) MEETING DATE.—A meeting requested 

5 under this paragraph shall be held not later 

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

9 cause to extend that deadline. 

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

12 Secretary shall notify all relevant participating 

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

15 meeting. 

16 (D) ELEVATION OF ISSUE RESOLUTION.— 

17 If a resolution cannot be achieved within the 

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

20 is made by the Secretary that all information 

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

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


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1 (E) CONVENTION BY SECRETARY.—The 

2 Secretary may convene an issue resolution 

3 meeting under this paragraph at any time, at 

4 the discretion of the Secretary, regardless of 

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

7 (5) FINANCIAL PENALTY PROVISIONS.— 

8 (A) IN GENERAL.—A Federal jurisdictional 

9 agency shall complete any required approval or 

10 decision for the environmental review process 

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

13 (B) FAILURE TO DECIDE.— 

14 (i) IN GENERAL.— 

15 (I) TRANSFER OF FUNDS.—If a 

16 Federal jurisdictional agency fails to 

17 render a decision required under any 

18 Federal law relating to a project study 

19 that requires the preparation of an 

20 environmental impact statement or 

21 environmental assessment, including 

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

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1 able to support the office of the head 

2 of the Federal jurisdictional agency 

3 shall be reduced by an amount of 

4 funding equal to the amount specified 

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

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

10 1 day after the applicable date under 

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

13 subject to subparagraph (C). 

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

16 subclause (I) is— 

17 (aa) $20,000 for any project 

18 study requiring the preparation 

19 of an environmental assessment 

20 or environmental impact state21 ment; or 

22 (bb) $10,000 for any project 

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


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

2 an environmental assessment or 

3 environmental impact statement. 

4 (ii) DESCRIPTION OF DATE.—The 

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

6 of— 

7 (I) the date that is 180 days 

8 after the date on which an application 

9 for the permit, license, or approval is 

10 complete; and 

11 (II) the date that is 180 days 

12 after the date on which the Federal 

13 lead agency issues a decision on the 

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

16 4321 et seq.). 

17 (C) LIMITATIONS.— 

18 (i) IN GENERAL.—No transfer of 

19 funds under subparagraph (B) relating to 

20 an individual project study shall exceed, in 

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

23 applicable agency office. 

24 (ii) FAILURE TO DECIDE.—The total 

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1 sult of a failure by an agency to make a 

2 decision by an applicable deadline shall not 

3 exceed an amount equal to 5 percent of the 

4 funds made available for the applicable 

5 agency office for that fiscal year. 

6 (iii) AGGREGATE.—Notwithstanding 

7 any other provision of law, for each fiscal 

8 year, the aggregate amount of financial 

9 penalties assessed against each applicable 

10 agency office under this Act and any other 

11 Federal law as a result of a failure of the 

12 agency to make a decision by an applicable 

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

15 paragraph, shall not exceed an amount 

16 equal to 9.5 percent of the funds made 

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

19 (D) NOTIFICATION OF TRANSFERS.—Not 

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

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

24 decision, the agency shall submit to the appro25 priate committees of the House of RepresentaVerDate Sep 11 2014 01:42 Nov 21, 2017 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4419.IH H4419

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1 tives and the Senate written notification that 

2 includes a description of— 

3 (i) the decision; 

4 (ii) the project study involved; 

5 (iii) the amount of each transfer 

6 under subparagraph (B) in that fiscal year 

7 relating to the decision; 

8 (iv) the total amount of all transfers 

9 under subparagraph (B) in that fiscal year 

10 relating to the decision; and 

11 (v) the total amount of all transfers of 

12 the agency under subparagraph (B) in that 

13 fiscal year. 

14 (E) NO FAULT OF AGENCY.— 

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

16 under this paragraph shall not be made if 

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

22 (I) the agency has not received 

23 necessary information or approvals 

24 from another entity in a manner that 

25 affects the ability of the agency to 


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1 meet any requirements under Federal, 

2 State, or local law; 

3 (II) significant new information, 

4 including from public comments, or 

5 circumstances, including a major 

6 modification to an aspect of the 

7 project, requires additional analysis 

8 for the agency to make a decision on 

9 the project application; or 

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

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

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

17 and a justification as to why not 

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

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

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

23 of the agency shall— 

24 (I) conduct a financial audit to 

25 review the notice; and 


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1 (II) not later than 90 days after 

2 the date on which the review described 

3 in subclause (I) is completed, submit 

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

7 and Natural Resources of the Senate 

8 the results of the audit conducted 

9 under subclause (I). 

10 (F) LIMITATION.—The Federal agency 

11 from which funds are transferred pursuant to 

12 this paragraph shall not reprogram funds to the 

13 office of the head of the agency, or equivalent 

14 office, to reimburse that office for the loss of 

15 the funds. 

16 (G) EFFECT OF PARAGRAPH.—Nothing in 

17 this paragraph affects or limits the application 

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

19 State, local, or tribal law. 

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

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

23 Congress that— 

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1 mental review process should cooperate with 

2 each other, State and local agencies, and Indian 

3 tribes on environmental review and Bureau of 

4 Reclamation project delivery activities at the 

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

7 potential conflicts, and ensure that planning 

8 and project development decisions reflect envi9 ronmental values; and 

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

12 policies and the designation of staff that advise 

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

15 later Federal action and early consultation with 

16 appropriate State and local agencies and Indian 

17 tribes. 

18 (2) TECHNICAL ASSISTANCE.—If requested at 

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

22 to the maximum extent practicable and appropriate, 

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

25 out early coordination activities. 


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1 (3) MEMORANDUM OF AGENCY AGREEMENT.— 

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

4 other Federal agencies with relevant jurisdiction in 

5 the environmental review process, may establish 

6 memoranda of agreement with the project sponsor, 

7 Indian tribes, State and local governments, and 

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

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

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

13 or interferes with— 

14 (1) any obligation to comply with the provisions 

15 of any Federal law, including— 

16 (A) the National Environmental Policy Act 

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

18 (B) any other Federal environmental law; 

19 (2) the reviewability of any final Federal agency 

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

21 of any State; 

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

23 responding to public comment; or 

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

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1 mental agency, Indian tribe, or project sponsor has 

2 with respect to carrying out a project or any other 

3 provision of law applicable to projects. 

4 (l) TIMING OF CLAIMS.— 

5 (1) TIMING.— 

6 (A) IN GENERAL.—Notwithstanding any 

7 other provision of law, a claim arising under 

8 Federal law seeking judicial review of a permit, 

9 license, or other approval issued by a Federal 

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

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

14 other approval is final pursuant to the law 

15 under which the agency action is taken, unless 

16 a shorter time is specified in the Federal law 

17 that allows judicial review. 

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

20 places any limit on filing a claim that a person 

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

22 other approval. 

23 (2) NEW INFORMATION.— 

24 (A) IN GENERAL.—The Secretary shall 

25 consider new information received after the 


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1 close of a comment period if the information 

2 satisfies the requirements for a supplemental 

3 environmental impact statement under title 40, 

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

6 (B) SEPARATE ACTION.—The preparation 

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

10 separate final agency action and the deadline 

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

16 other environmental document. 

17 (m) CATEGORICAL EXCLUSIONS.— 

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

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

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

23 categorical exclusions in projects since 2005; 

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


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

3 for developing a new categorical exclusion; 

4 and 

5 (ii) any requests previously received 

6 by the Secretary for new categorical exclu7 sions; and 

8 (C) solicit requests from other Federal 

9 agencies and project sponsors for new categor10 ical exclusions. 

11 (2) NEW CATEGORICAL EXCLUSIONS.—Not 

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

13 Act, if the Secretary has identified a category of ac14 tivities that merit establishing a categorical exclusion 

15 that did not exist on the day before the date of en16 actment of this Act based on the review under para17 graph (1), the Secretary shall publish a notice of 

18 proposed rulemaking to propose that new categorical 

19 exclusion, to the extent that the categorical exclusion 

20 meets the criteria for a categorical exclusion under 

21 section 1508.4 of title 40, Code of Federal Regula22 tions (or successor regulation). 

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


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

2 the United States shall— 

3 (A) assess the reforms carried out under 

4 this section; and 

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

6 than 10 years after the date of enactment of 

7 this Act, submit to the Committee on Natural 

8 Resources of the House of Representatives and 

9 the Committees on Energy and Natural Re10 sources and Indian Affairs of the Senate a re11 port that describes the results of the assess12 ment. 

13 (2) CONTENTS.—The reports under paragraph 

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

16 (A) project delivery; 

17 (B) compliance with environmental laws; 

18 and 

19 (C) the environmental impact of projects. 

20 (o) PERFORMANCE MEASUREMENT.—The Secretary 

21 shall establish a program to measure and report on 

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

24 (p) CATEGORICAL EXCLUSIONS IN EMERGENCIES.— 

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1 reau of Reclamation or Bureau of Indian Affairs project 

2 that is in operation or under construction when damaged 

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

4 the President of a major disaster or emergency pursuant 

5 to the Robert T. Stafford Disaster Relief and Emergency 

6 Assistance Act (42 U.S.C. 5121 et seq.), the Secretary 

7 shall treat such repair, reconstruction, or rehabilitation 

8 activity as a class of action categorically excluded from 

9 the requirements relating to environmental assessments or 

10 environmental impact statements under section 1508.4 of 

11 title 40, Code of Federal Regulations (or successor regula12 tions), if the repair or reconstruction activity is— 

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

14 dimensions, and design as the original Bureau of 

15 Reclamation or Bureau of Indian Affairs project as 

16 before the declaration described in this section; and 

17 (2) commenced within a 2-year period begin18 ning on the date of a declaration described in this 

19 subsection. 

20 SEC. 6. ANNUAL REPORT TO CONGRESS. 

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

22 year, the Secretary shall develop and submit to the Com23 mittee on Natural Resources of the House of Representa24 tives and the Committees on Energy and Natural Re25 sources and Indian Affairs of the Senate an annual report, 


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1 to be entitled ‘‘Report to Congress on Future Water 

2 Project Development’’, that identifies the following: 

3 (1) PROJECT REPORTS.—Each project report 

4 that meets the criteria established in subsection 

5 (c)(1)(A). 

6 (2) PROPOSED PROJECT STUDIES.—Any pro7 posed project study submitted to the Secretary by a 

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

9 meets the criteria established in subsection 

10 (c)(1)(A). 

11 (3) PROPOSED MODIFICATIONS.—Any proposed 

12 modification to an authorized water project or 

13 project study that meets the criteria established in 

14 subsection (c)(1)(A) that— 

15 (A) is submitted to the Secretary by a non16 Federal interest pursuant to subsection (b); or 

17 (B) is identified by the Secretary for au18 thorization. 

19 (4) EXPEDITED COMPLETION OF REPORT AND

20 DETERMINATIONS.—Any project study that was ex21 pedited and any Secretarial determinations under 

22 section 4 of this Act. 

23 (b) REQUESTS FOR PROPOSALS.— 

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

25 each year, the Secretary shall publish in the Federal 


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1 Register a notice requesting proposals from non2 Federal interests for proposed project studies and 

3 proposed modifications to authorized projects and 

4 project studies to be included in the annual report. 

5 (2) DEADLINE FOR REQUESTS.—The Secretary 

6 shall include in each notice required by this sub7 section a requirement that non-Federal interests 

8 submit to the Secretary any proposals described in 

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

10 date of publication of the notice in the Federal Reg11 ister in order for the proposals to be considered for 

12 inclusion in the annual report. 

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

14 of each notice required by this subsection, the Sec15 retary shall— 

16 (A) make the notice publicly available, in17 cluding on the Internet; and 

18 (B) provide written notification of the pub19 lication to the Committee on Natural Resources 

20 of the House of Representatives and the Com21 mittees on Energy and Natural Resources and 

22 Indian Affairs of the Senate. 

23 (c) CONTENTS.— 

24 (1) PROJECT REPORTS, PROPOSED PROJECT

25 STUDIES, AND PROPOSED MODIFICATIONS.— 


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1 (A) CRITERIA FOR INCLUSION IN RE2 PORT.—The Secretary shall include in the an3 nual report only those project reports, proposed 

4 project studies, and proposed modifications to 

5 authorized projects and project studies that— 

6 (i) are related to the missions and au7 thorities of the Bureau of Reclamation or 

8 the Bureau of Indian Affairs; 

9 (ii) require specific congressional au10 thorization, including by an Act of Con11 gress; 

12 (iii) have not been congressionally au13 thorized; 

14 (iv) have not been included in any 

15 previous annual report; and 

16 (v) if authorized, could be carried out 

17 by the Bureau of Reclamation or the Bu18 reau of Indian Affairs. 

19 (B) DESCRIPTION OF BENEFITS.— 

20 (i) DESCRIPTION.—The Secretary 

21 shall describe in the annual report, to the 

22 extent applicable and practicable, for each 

23 proposed project study and proposed modi24 fication to an authorized water resources 

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1 cluded in the annual report, the benefits, 

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

3 study or proposed modification. 

4 (ii) BENEFITS.—The benefits (or ex5 pected benefits, in the case of a proposed 

6 project study) described in this clause are 

7 benefits to— 

8 (I) the protection of human life 

9 and property; 

10 (II) improvement to domestic ir11 rigated water and power supplies; 

12 (III) the national economy; 

13 (IV) the environment; or 

14 (V) the national security inter15 ests of the United States. 

16 (C) IDENTIFICATION OF OTHER FAC17 TORS.—The Secretary shall identify in the an18 nual report, to the extent practicable— 

19 (i) for each proposed project study in20 cluded in the annual report, the non-Fed21 eral interest that submitted the proposed 

22 project study pursuant to subsection (b); 

23 and 

24 (ii) for each proposed project study 

25 and proposed modification to a project or 


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1 project study included in the annual re2 port, whether the non-Federal interest has 

3 demonstrated— 

4 (I) that local support exists for 

5 the proposed project study or pro6 posed modification to an authorized 

7 project or project study (including the 

8 surface water storage development 

9 project that is the subject of the pro10 posed feasibility study or the proposed 

11 modification to an authorized project 

12 study); and 

13 (II) the financial ability to pro14 vide the required non-Federal cost 

15 share. 

16 (2) TRANSPARENCY.—The Secretary shall in17 clude in the annual report, for each project report, 

18 proposed project study, and proposed modification to 

19 a project or project study included under paragraph 

20 (1)(A)— 

21 (A) the name of the associated non-Fed22 eral interest, including the name of any non23 Federal interest that has contributed, or is ex24 pected to contribute, a non-Federal share of the 

25 cost of— 


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1 (i) the project report; 

2 (ii) the proposed project study; 

3 (iii) the authorized project study for 

4 which the modification is proposed; or 

5 (iv) construction of— 

6 (I) the project that is the subject 

7 of— 

8 (aa) the water report; 

9 (bb) the proposed project 

10 study; or 

11 (cc) the authorized project 

12 study for which a modification is 

13 proposed; or 

14 (II) the proposed modification to 

15 a project; 

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

17 water report, proposed project study, or pro18 posed modification to a project or project study 

19 from each associated non-Federal interest; 

20 (C) the purpose of the feasibility report, 

21 proposed feasibility study, or proposed modi22 fication to a project or project study; 

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

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

25 of— 


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1 (i) the proposed modification to an 

2 authorized project study; and 

3 (ii) construction of— 

4 (I) the project that is the subject 

5 of— 

6 (aa) the project report; or 

7 (bb) the authorized project 

8 study for which a modification is 

9 proposed, with respect to the 

10 change in costs resulting from 

11 such modification; or 

12 (II) the proposed modification to 

13 an authorized project; and 

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

15 of the monetary and nonmonetary benefits of— 

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

17 (I) the project report; or 

18 (II) the authorized project study 

19 for which a modification is proposed, 

20 with respect to the benefits of such 

21 modification; or 

22 (ii) the proposed modification to an 

23 authorized project. 

24 (3) CERTIFICATION.—The Secretary shall in25 clude in the annual report a certification stating 


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1 that each feasibility report, proposed feasibility 

2 study, and proposed modification to a project or 

3 project study included in the annual report meets 

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

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

6 the annual report an appendix listing the proposals 

7 submitted under subsection (b) that were not in8 cluded in the annual report under paragraph (1)(A) 

9 and a description of why the Secretary determined 

10 that those proposals did not meet the criteria for in11 clusion under such paragraph. 

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

13 Notwithstanding any other deadlines required by this sec14 tion, the Secretary shall— 

15 (1) not later than 60 days after the date of en16 actment of this Act, publish in the Federal Register 

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

18 (2) include in such notice a requirement that 

19 non-Federal interests submit to the Secretary any 

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

21 than 120 days after the date of publication of such 

22 notice in the Federal Register in order for such pro23 posals to be considered for inclusion in the first an24 nual report developed by the Secretary under this 

25 section. 


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

2 report to Congress, the Secretary shall make the annual 

3 report publicly available, including through publication on 

4 the Internet. 

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

6 report’’ means a final feasibility report developed under 

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

8 amendatory thereof or supplementary thereto. 

9 SEC. 7. APPLICABILITY OF THE WIIN ACT. 

10 Sections 3221 through 3226, 4007 and 4009 of the 

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

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

13 SEC. 8. PROJECT AUTHORIZATIONS. 

14 The following projects for water resources develop15 ment and conservation and other purposes, as identified 

16 in the following reports and correspondence are authorized 

17 to be carried out by the Secretary substantially in accord18 ance with the plans, and subject to the conditions, de19 scribed in the respective reports and correspondence des20 ignated in this section: 

State Name 

Date of 

Feasibility 

Report 

Estimated Costs 

WA Phase III of the 

Yakima River 

Basin Water 

Enhancement 

Project 

March 2, 2012 Non-Federal: $500,000,000 

Federal: $237,100,000 

Total: $737,100,000 


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State Name 

Date of 

Feasibility 

Report 

Estimated Costs 

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 

CA Shasta Lake 

Water Resources Investigation 

July 29, 2015 Non-Federal: $350,000 

Federal: $36,420,000 

Total: $36,770,000 

1 SEC. 9. DEAUTHORIZATIONS. 

2 (a) PURPOSES; DEFINITIONS.— 

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

4 are— 

5 (A) to identify $368,821,000 in Bureau of 

6 Reclamation projects and programs that are no 

7 longer feasible due to— 

8 (i) a lack of local support; 

9 (ii) a lack of available Federal or non10 Federal resources; or 

11 (iii) an authorized purpose that is no 

12 longer relevant or feasible; 

13 (B) to establish an efficient and trans14 parent process for deauthorizing Bureau of 

15 Reclamation projects and programs that have 

16 failed to receive a minimum level of investment, 

17 thereby ensuring active projects can move forVerDate Sep 11 2014 01:42 Nov 21, 2017 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H4419.IH H4419

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1 ward while reducing the backlog of authorized 

2 projects; 

3 (C) to create an expedited and definitive 

4 process to deauthorize Reclamation projects and 

5 programs; 

6 (D) to allow the continued authorization of 

7 programs and projects that are feasible; and 

8 (E) to establish a process for identifying 

9 authorized Bureau of Reclamation projects and 

10 programs that are no longer— 

11 (i) in the Federal interest; or 

12 (ii) feasible. 

13 (2) DEFINITIONS.—In this section: 

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

15 means the Secretary of the Interior. 

16 (B) RECLAMATION PROJECT OR PRO17 GRAM.—The term ‘‘Reclamation project and 

18 program’’ includes any project or program that 

19 is administered by the Bureau of Reclamation. 

20 (b) COMPREHENSIVE REPORTS.— 

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

22 180 days after the date of the enactment of this Act, 

23 the Secretary shall submit to the Committee on En24 ergy and Natural Resources of the Senate and the 

25 Committee on Natural Resources of the House of 


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1 Representatives, and make available on a publicly 

2 accessible Internet website in a manner that is 

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

4 (A) reclamation programs that are author5 ized and for which funding was obligated dur6 ing the current fiscal year or any of the pre7 ceding 5 fiscal years; 

8 (B) projects or separable elements of 

9 projects authorized for construction for which 

10 funding has been obligated during the current 

11 fiscal year or any of the 5 preceding fiscal 

12 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 

16 for each such project or separable element 

17 per 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 re24 quired under paragraph (1), the Secretary shall sub25 mit to the Committee on Energy and Natural ReVerDate Sep 11 2014 01:42 Nov 21, 2017 Jkt 079200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H4419.IH H4419

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1 sources of the Senate and the Committee on Natural 

2 Resources of the House of Representatives, and 

3 make available on a publicly accessible Internet 

4 website in a manner that is downloadable, search5 able, and sortable, a list 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 

18 authorization; 

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 

24 of 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 ele10 ment of a program or project, authorized 5 years 

11 prior to enactment of this Act, for which Federal 

12 and non-Federal funding was obligated to before the 

13 date of the enactment of this Act, but for which no 

14 Federal or non-Federal funds were obligated for the 

15 program, project, or separable element of the pro16 gram or project during the current fiscal year or any 

17 of the 5 preceding fiscal years. 

18 (2) SPECIAL RULE FOR PROJECTS RECEIVING

19 FUNDS FOR POST-AUTHORIZATION STUDY.—A 

20 project or separable element of a project may not be 

21 identified on the interim deauthorization list, or the 

22 final deauthorization list developed under subsection 

23 (d), if the project or separable element received Fed24 eral funding for a post-authorization study during 


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1 the current fiscal year or any of the 5 preceding fis2 cal years. 

3 (3) PUBLIC COMMENT AND CONSULTATION.— 

4 The Secretary shall solicit comments from the public 

5 and the Governors of each applicable State on the 

6 interim deauthorization list developed under para7 graph (1). The public comment period shall be 90 

8 days. 

9 (4) SUBMISSION TO CONGRESS; PUBLICA10 TION.—Not later than 90 days after the date of the 

11 submission of the list required by subsection (b), the 

12 Secretary shall— 

13 (A) submit the interim deauthorization list 

14 to the Committee on Energy and Natural Re15 sources of the Senate and the Committee on 

16 Natural Resources of the House of Representa17 tives; and 

18 (B) publish the interim deauthorization list 

19 in the Federal Register. 

20 (d) FINAL DEAUTHORIZATION LIST.— 

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

22 a final deauthorization list of each Reclamation pro23 gram or project, or separable element of a program 

24 or project, described in subsection (c)(1) that is 

25 identified pursuant to this subsection. 


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1 (2) DEAUTHORIZATION AMOUNT.—The Sec2 retary shall include on the final deauthorization list 

3 projects and separable elements of projects that 

4 have, in the aggregate, an estimated Federal cost to 

5 complete that is at least $368,821,000. 

6 (3) IDENTIFICATION OF PROJECTS.— 

7 (A) SEQUENCING OF PROJECTS.— 

8 (i) IN GENERAL.—The Secretary shall 

9 identify projects and separable elements of 

10 projects for inclusion on the final de11 authorization list according to the order in 

12 which the projects and separable elements 

13 of the projects were authorized, beginning 

14 with the earliest authorized projects and 

15 separable elements of projects and ending 

16 once the last project or separable element 

17 of a project necessary to meet the aggre18 gate amount under paragraph (2) is identi19 fied. 

20 (ii) FACTORS TO CONSIDER.—The 

21 Secretary may identify programs, projects, 

22 and separable elements of programs and 

23 projects for exclusion from the final de24 authorization list if the Secretary deter25 mines, on a case-by-case basis, that a 


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1 project or separable element of a project is 

2 critical for interests of the United States, 

3 based on the possible impact of the project 

4 or separable element of the project on pub5 lic health and safety, the national economy, 

6 or the environment. 

7 (iii) CONSIDERATION OF PUBLIC COM8 MENTS.—In making determinations under 

9 clauses (i) and (ii), the Secretary shall con10 sider any comments received under sub11 section (c)(3). 

12 (B) APPENDIX.—The Secretary shall in13 clude as part of the final deauthorization list an 

14 appendix that— 

15 (i) identifies each program, project, 

16 and separable element of a program or 

17 project on the interim deauthorization list 

18 developed under subsection (c) that is not 

19 included on the final deauthorization list; 

20 and 

21 (ii) describes the reasons why the pro22 gram, project, or separable element is not 

23 included. 

24 (4) SUBMISSION TO CONGRESS; PUBLICA25 TION.—Not later than 120 days after the date on 


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1 which the public comment period under subsection 

2 (c)(3) expires, the Secretary shall— 

3 (A) submit the final deauthorization list 

4 and the appendix to the final deauthorization 

5 list to the Committee on Energy and Natural 

6 Resources of the Senate and the Committee on 

7 Natural Resources of the House of Representa8 tives; and 

9 (B) publish the final deauthorization list 

10 and the appendix to the final deauthorization 

11 list in the Federal Register. 

12 (e) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

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

14 after the date that is 180 days after the date of sub15 mission of the final deauthorization report under 

16 subsection (d), a program, project, or separable ele17 ment of a program or project identified in the report 

18 is deauthorized, unless Congress passes a joint reso19 lution disapproving the final deauthorization report 

20 prior to the end of that period. 

21 (2) NON-FEDERAL CONTRIBUTIONS.—A pro22 gram, project, or separable element of a program or 

23 project identified in the final deauthorization report 

24 under subsection (d) shall not be deauthorized under 

25 this subsection if, before the expiration of the 180- 


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1 day period referred to in paragraph (1), the non2 Federal interest of the program, project, or sepa3 rable element of the project provides sufficient funds 

4 to complete the program, project, or separable ele5 ment of the project. 

6 (f) TREATMENT OF PROJECT MODIFICATIONS.—For 

7 purposes of this section, if an authorized water resources 

8 development program, project, or separable element of the 

9 program or project has been modified by an Act of Con10 gress, the date of authorization of the program, project, 

11 or separable element shall be deemed to be the date of 

12 the most recent modification. 

13 (g) EXEMPTION.—This subsection shall not apply to 

14 any project that would yield more than 200,000 acre-feet 

15 of water per year on average. 

Æ 


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