IB 

Union Calendar No. 111 

115TH CONGRESS 

1ST SESSION H. R. 1654 

[Report No. 115–166] 

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

permitting processes related to the construction of new surface water 

storage projects on lands under the jurisdiction of the Secretary of 

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

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2017 

Mr. MCCLINTOCK (for himself, Ms. CHENEY, Mr. COOK, Mr. CRAMER, Mr. 

GOSAR, Mr. ISSA, Mr. LAMALFA, Mr. ROHRABACHER, and Mr. TIPTON) 

introduced the following bill; which was referred to the Committee on 

Natural Resources 

JUNE 12, 2017 

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 March 21, 2017] 


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A BILL 

To authorize the Secretary of the Interior to coordinate 

Federal and State permitting processes related to the 

construction of new surface water storage projects on 

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

the Bureau of Reclamation as the lead agency for permit 

processing, and for other purposes. 


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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. 

4 This Act may be cited as the ‘‘Water Supply Permit5 ting Coordination Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 Bureau of Reclamation. 

10 (2) COOPERATING AGENCIES.—The term ‘‘cooper11 ating agency’’ means a Federal agency with jurisdic12 tion over a review, analysis, opinion, statement, per13 mit, license, or other approval or decision required for 

14 a qualifying project under applicable Federal laws 

15 and regulations, or a State agency subject to section 

16 3(c). 

17 (3) QUALIFYING PROJECTS.—The term ‘‘quali18 fying projects’’ means new surface water storage 

19 projects in the States covered under the Act of June 

20 17, 1902 (32 Stat. 388, chapter 1093), and Acts sup21 plemental to and amendatory of that Act (43 U.S.C. 

22 371 et seq.) constructed on lands administered by the 

23 Department of the Interior or the Department of Ag24 riculture, exclusive of any easement, right-of-way, 

25 lease, or any private holding, unless the project appliVerDate Sep 11 2014 22:45 Jun 12, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1654.RH H1654

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1 cant elects not to participate in the process authorized 

2 by this Act. 

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

4 the Secretary of the Interior. 

5 SEC. 3. ESTABLISHMENT OF LEAD AGENCY AND COOPER6 ATING AGENCIES. 

7 (a) ESTABLISHMENT OF LEAD AGENCY.—The Bureau 

8 is established as the lead agency for purposes of coordi9 nating all reviews, analyses, opinions, statements, permits, 

10 licenses, or other approvals or decisions required under Fed11 eral law to construct qualifying projects. 

12 (b) IDENTIFICATION AND ESTABLISHMENT OF CO13 OPERATING AGENCIES.—The Commissioner of the Bureau 

14 shall— 

15 (1) identify, as early as practicable upon receipt 

16 of an application for a qualifying project, any Fed17 eral agency that may have jurisdiction over a review, 

18 analysis, opinion, statement, permit, license, ap19 proval, or decision required for a qualifying project 

20 under applicable Federal laws and regulations; and 

21 (2) notify any such agency, within a reasonable 

22 timeframe, that the agency has been designated as a 

23 cooperating agency in regards to the qualifying 

24 project unless that agency responds to the Bureau in 


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1 writing, within a timeframe set forth by the Bureau, 

2 notifying the Bureau that the agency— 

3 (A) has no jurisdiction or authority with 

4 respect to the qualifying project; 

5 (B) has no expertise or information relevant 

6 to the qualifying project or any review, analysis, 

7 opinion, statement, permit, license, or other ap8 proval or decision associated therewith; or 

9 (C) does not intend to submit comments on 

10 the qualifying project or conduct any review of 

11 such a project or make any decision with respect 

12 to such project in a manner other than in co13 operation with the Bureau. 

14 (c) STATE AUTHORITY.—A State in which a quali15 fying project is being considered may choose, consistent 

16 with State law— 

17 (1) to participate as a cooperating agency; and 

18 (2) to make subject to the processes of this Act 

19 all State agencies that— 

20 (A) have jurisdiction over the qualifying 

21 project; 

22 (B) are required to conduct or issue a re23 view, analysis, or opinion for the qualifying 

24 project; or 


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1 (C) are required to make a determination 

2 on issuing a permit, license, or approval for the 

3 qualifying project. 

4 SEC. 4. BUREAU RESPONSIBILITIES. 

5 (a) IN GENERAL.—The principal responsibilities of the 

6 Bureau under this Act are— 

7 (1) to serve as the point of contact for appli8 cants, State agencies, Indian tribes, and others re9 garding proposed qualifying projects; 

10 (2) to coordinate preparation of unified environ11 mental documentation that will serve as the basis for 

12 all Federal decisions necessary to authorize the use of 

13 Federal lands for qualifying projects; and 

14 (3) to coordinate all Federal agency reviews nec15 essary for project development and construction of 

16 qualifying projects. 

17 (b) COORDINATION PROCESS.—The Bureau shall have 

18 the following coordination responsibilities: 

19 (1) PREAPPLICATION COORDINATION.—Notify co20 operating agencies of proposed qualifying projects not 

21 later than 30 days after receipt of a proposal and fa22 cilitate a preapplication meeting for prospective ap23 plicants, relevant Federal and State agencies, and In24 dian tribes— 


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1 (A) to explain applicable processes, data re2 quirements, and applicant submissions necessary 

3 to complete the required Federal agency reviews 

4 within the timeframe established; and 

5 (B) to establish the schedule for the quali6 fying project. 

7 (2) CONSULTATION WITH COOPERATING AGEN8 CIES.—Consult with the cooperating agencies through9 out the Federal agency review process, identify and 

10 obtain relevant data in a timely manner, and set nec11 essary deadlines for cooperating agencies. 

12 (3) SCHEDULE.—Work with the qualifying 

13 project applicant and cooperating agencies to estab14 lish a project schedule. In establishing the schedule, 

15 the Bureau shall consider, among other factors— 

16 (A) the responsibilities of cooperating agen17 cies under applicable laws and regulations; 

18 (B) the resources available to the cooper19 ating agencies and the non-Federal qualifying 

20 project sponsor, as applicable; 

21 (C) the overall size and complexity of the 

22 qualifying project; 

23 (D) the overall schedule for and cost of the 

24 qualifying project; and 


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1 (E) the sensitivity of the natural and his2 toric resources that may be affected by the quali3 fying project. 

4 (4) ENVIRONMENTAL COMPLIANCE.—Prepare a 

5 unified environmental review document for each 

6 qualifying project application, incorporating a single 

7 environmental record on which all cooperating agen8 cies with authority to issue approvals for a given 

9 qualifying project shall base project approval deci10 sions. Help ensure that cooperating agencies make 

11 necessary decisions, within their respective authori12 ties, regarding Federal approvals in accordance with 

13 the following timelines: 

14 (A) Not later than 1 year after acceptance 

15 of a completed project application when an envi16 ronmental assessment and finding of no signifi17 cant impact is determined to be the appropriate 

18 level of review under the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4321 et 

20 seq.). 

21 (B) Not later than 1 year and 30 days after 

22 the close of the public comment period for a draft 

23 environmental impact statement under the Na24 tional Environmental Policy Act of 1969 (42 


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1 U.S.C. 4321 et seq.), when an environmental im2 pact statement is required under the same. 

3 (5) CONSOLIDATED ADMINISTRATIVE RECORD.— 

4 Maintain a consolidated administrative record of the 

5 information assembled and used by the cooperating 

6 agencies as the basis for agency decisions. 

7 (6) PROJECT DATA RECORDS.—To the extent 

8 practicable and consistent with Federal law, ensure 

9 that all project data is submitted and maintained in 

10 generally accessible electronic format, compile, and 

11 where authorized under existing law, make available 

12 such project data to cooperating agencies, the quali13 fying project applicant, and to the public. 

14 (7) PROJECT MANAGER.—Appoint a project 

15 manager for each qualifying project. The project man16 ager shall have authority to oversee the project and to 

17 facilitate the issuance of the relevant final authorizing 

18 documents, and shall be responsible for ensuring ful19 fillment of all Bureau responsibilities set forth in this 

20 section and all cooperating agency responsibilities 

21 under section 5. 

22 SEC. 5. COOPERATING AGENCY RESPONSIBILITIES. 

23 (a) ADHERENCE TO BUREAU SCHEDULE.— 

24 (1) TIMEFRAMES.—On notification of an appli25 cation for a qualifying project, the head of each coVerDate Sep 11 2014 22:45 Jun 12, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H1654.RH H1654

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1 operating agency shall submit to the Bureau a time2 frame under which the cooperating agency reasonably 

3 will be able to complete the authorizing responsibil4 ities of the cooperating agency. 

5 (2) SCHEDULE.— 

6 (A) USE OF TIMEFRAMES.—The Bureau 

7 shall use the timeframes submitted under this 

8 subsection to establish the project schedule under 

9 section 4. 

10 (B) ADHERENCE.—Each cooperating agen11 cy shall adhere to the project schedule established 

12 by the Bureau under subparagraph (A). 

13 (b) ENVIRONMENTAL RECORD.—The head of each co14 operating agency shall submit to the Bureau all environ15 mental review material produced or compiled in the course 

16 of carrying out activities required under Federal law, con17 sistent with the project schedule established by the Bureau 

18 under subsection (a)(2). 

19 (c) DATA SUBMISSION.—To the extent practicable and 

20 consistent with Federal law, the head of each cooperating 

21 agency shall submit all relevant project data to the Bureau 

22 in a generally accessible electronic format, subject to the 

23 project schedule established by the Bureau under subsection 

24 (a)(2). 


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1 SEC. 6. FUNDING TO PROCESS PERMITS. 

2 (a) IN GENERAL.—The Secretary, after public notice 

3 in accordance with subchapter II of chapter 5, and chapter 

4 7, of title 5, United States Code (commonly known as the 

5 ‘‘Administrative Procedure Act’’), may accept and expend 

6 funds contributed by a non-Federal public entity to expedite 

7 the evaluation of a permit of that entity related to a quali8 fying project. 

9 (b) EFFECT ON PERMITTING.— 

10 (1) EVALUATION OF PERMITS.—In carrying out 

11 this section, the Secretary shall ensure that the eval12 uation of permits carried out using funds accepted 

13 under this section shall— 

14 (A) be reviewed by the Regional Director of 

15 the Bureau of the region in which the qualifying 

16 project or activity is located (or a designee); and 

17 (B) use the same procedures for decisions 

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

20 not carried out using funds authorized under 

21 this section. 

22 (2) IMPARTIAL DECISIONMAKING.—In carrying 

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

24 cooperating agency receiving funds under this section 

25 for a qualifying project shall ensure that the use of 


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1 the funds accepted under this section for the quali2 fying project shall not— 

3 (A) substantively or procedurally impact 

4 impartial decisionmaking with respect to the 

5 issuance of permits; or 

6 (B) diminish, modify, or otherwise affect 

7 the statutory or regulatory authorities of the co8 operating agency. 

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

10 accepted under this section shall be used to carry out a re11 view of the evaluation of permits required under subsection 

12 (b)(1)(A). 

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

15 authorized under this section are made available to the pub16 lic, including on the Internet. 


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Union Calendar No. 111 

115TH CONGRESS 

1ST SESSION H. R. 1654 

[Report No. 115–166] 

A BILL 

To authorize the Secretary of the Interior to coordiessing, and for other purposes. Reclamation as the lead agency for permit proc- of Agriculture and to designate the Bureau of of the Secretary of the Interior and the Secretary storage projects on lands under the jurisdiction lated to the construction of new surface water nate Federal and State permitting processes reJUNE 12, 2017 

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


sradovich on DSK3GMQ082PROD with BILLS