I 

114TH CONGRESS 

1ST SESSION H. R. 2097 

To facilitate and streamline the Bureau of Reclamation process for creating 

or expanding surface water storage under Reclamation law. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2015 

Mr. NEWHOUSE (for himself, Mr. LAMALFA, Mr. MCCLINTOCK, Mr. GOSAR, 

and Mrs. LUMMIS) introduced the following bill; which was referred to 

the Committee on Natural Resources 

A BILL 

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

under Reclamation law. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 Surface Water Storage Streamlining Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ENVIRONMENTAL IMPACT STATEMENT.— 

9 The term ‘‘environmental impact statement’’ means 


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1 the detailed statement of environmental impacts of 

2 a project required to be prepared pursuant to the 

3 National Environmental Policy Act of 1969 (42 

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

5 (2) ENVIRONMENTAL REVIEW PROCESS.— 

6 (A) IN GENERAL.—The term ‘‘environ7 mental review process’’ means the process of 

8 preparing an environmental impact statement, 

9 environmental assessment, categorical exclusion, 

10 or other document under the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et 

12 seq.) for a project study. 

13 (B) INCLUSIONS.—The term ‘‘environ14 mental review process’’ includes the process for 

15 and completion of any environmental permit, 

16 approval, review, or study required for a project 

17 study under any Federal law other than the 

18 National Environmental Policy Act of 1969 (42 

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

20 (3) FEDERAL JURISDICTIONAL AGENCY.—The 

21 term ‘‘Federal jurisdictional agency’’ means a Fed22 eral agency with jurisdiction delegated by law, regu23 lation, order, or otherwise over a review, analysis, 

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


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1 or decision required for a project study under appli2 cable Federal laws (including regulations). 

3 (4) FEDERAL LEAD AGENCY.—The term ‘‘Fed4 eral lead agency’’ means the Bureau of Reclamation. 

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

6 surface water project to be carried out, funded or 

7 operated in whole or in party by the Secretary pur8 suant to the Act of June 17, 1902 (32 Stat. 388, 

9 chapter 1093), and Acts supplemental to and 

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

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

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

13 or instrumentality or other qualifying entity, such as 

14 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 

19 under Federal reclamation law. 

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

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

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

23 388, chapter 1093), and Acts supplemental to and 

24 amendatory 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 

4 ‘‘surface water storage’’ means any surface water 

5 reservoir or impoundment that would be owned, 

6 funded or operated in whole or in part by the Bu7 reau of Reclamation or that would be integrated into 

8 a larger system owned, operated or administered in 

9 whole or in part by the Bureau of Reclamation. 

10 SEC. 3. ACCELERATION OF STUDIES. 

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

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

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

14 (32 Stat. 388), and all Acts amendatory thereof or supple15 mentary thereto, shall— 

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

17 report not later than 3 years after the date of initi18 ation; 

19 (2) have a maximum Federal cost of 

20 $3,000,000; and 

21 (3) ensure that personnel from the local project 

22 area, region, and headquarters levels of the Bureau 

23 of Reclamation concurrently conduct the review re24 quired under that section. 


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

2 project study described in subsection (a) will not be con3 ducted in accordance with subsection (a), the Secretary, 

4 not later than 30 days after the date of making the deter5 mination, shall— 

6 (1) prepare an updated project study schedule 

7 and cost estimate; 

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

9 partner that the project study has been delayed; and 

10 (3) provide written notice to the Committee on 

11 Natural Resources of the House of Representatives 

12 and the Committee on Energy and Natural Re13 sources of the Senate as to the reasons the require14 ments of subsection (a) are not attainable. 

15 (c) EXCEPTION.— 

16 (1) IN GENERAL.—Notwithstanding the re17 quirements of subsection (a), the Secretary may ex18 tend the timeline of a project study by a period not 

19 to exceed 3 years, if the Secretary determines that 

20 the project study is too complex to comply with the 

21 requirements of subsection (a). 

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

23 a study is too complex to comply with the require24 ments of subsection (a), the Secretary shall con25 sider— 


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

2 overall cost of the project; 

3 (B) whether the project will use any inno4 vative design or construction techniques; 

5 (C) whether the project will require signifi6 cant action by other Federal, State, or local 

7 agencies; 

8 (D) whether there is significant public dis9 pute as to the nature or effects of the project; 

10 and 

11 (E) whether there is significant public dis12 pute as to the economic or environmental costs 

13 or benefits of the project. 

14 (3) NOTIFICATION.—Each time the Secretary 

15 makes a determination under this subsection, the 

16 Secretary shall provide written notice to the Com17 mittee on Natural Resources of the House of Rep18 resentatives and the Committee on Energy and Nat19 ural Resources of the Senate as to the results of 

20 that determination, including an identification of the 

21 specific 1 or more factors used in making the deter22 mination that the project is complex. 

23 (4) LIMITATION.—The Secretary shall not ex24 tend the timeline for a project study for a period of 

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


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1 completed before that date shall no longer be au2 thorized. 

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

4 of the initiation of a project study described in subsection 

5 (a), the Secretary shall— 

6 (1) take all steps necessary to initiate the proc7 ess for completing federally mandated reviews that 

8 the Secretary is required to complete as part of the 

9 study, including the environmental review process 

10 under section 5; 

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

12 State agencies identified under section 5(d) that 

13 may— 

14 (A) have jurisdiction over the project; 

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

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

17 project study; or 

18 (C) be required to make a determination 

19 on issuing a permit, license, or other approval 

20 or decision for the project study; and 

21 (3) take all steps necessary to provide informa22 tion that will enable required reviews and analyses 

23 related to the project to be conducted by other agen24 cies in a thorough and timely manner. 


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

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

3 submit to the Committee on Natural Resources of the 

4 House of Representatives and the Committee on Energy 

5 and Natural Resources of the Senate and make publicly 

6 available a report that describes— 

7 (1) the status of the implementation of the 

8 planning process under this section, including the 

9 number of participating projects; 

10 (2) a review of project delivery schedules, in11 cluding a description of any delays on those studies 

12 initiated prior to the date of the enactment of this 

13 Act; and 

14 (3) any recommendations for additional author15 ity necessary to support efforts to expedite the 

16 project. 

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

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

19 to the Committee on Natural Resources of the House of 

20 Representatives and the Committee on Energy and Nat21 ural Resources of the Senate and make publicly available 

22 a report that describes— 

23 (1) the status of the implementation of this sec24 tion, including a description of each project study 

25 subject to the requirements of this section; 


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

2 project study; and 

3 (3) any recommendations for additional author4 ity necessary to support efforts to expedite the 

5 project study process, including an analysis of 

6 whether the limitation established by subsection 

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

8 of inflation. 

9 SEC. 4. EXPEDITED COMPLETION OF REPORTS. 

10 The Secretary shall— 

11 (1) expedite the completion of any ongoing 

12 project study initiated before the date of enactment 

13 of this Act; and 

14 (2) if the Secretary determines that the project 

15 is justified in a completed report, proceed directly to 

16 preconstruction planning, engineering, and design of 

17 the project in accordance with the Reclamation Act 

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

19 thereof or supplementary thereto. 

20 SEC. 5. PROJECT ACCELERATION. 

21 (a) APPLICABILITY.— 

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

23 (A) each project study that is initiated 

24 after the date of enactment of this Act and for 

25 which an environmental impact statement is 


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1 prepared under the National Environmental 

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

3 (B) the extent determined appropriate by 

4 the Secretary, to other project studies initiated 

5 before the date of enactment of this Act and for 

6 which an environmental review process docu7 ment is prepared under the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4321 et 

9 seq.); and 

10 (C) any project study for the development 

11 of a non-federally owned and operated surface 

12 water storage project for which the Secretary 

13 determines there is a demonstrable Federal in14 terest and the project— 

15 (i) is located in a river basin where 

16 other Bureau of Reclamation water 

17 projects are located; 

18 (ii) will create additional water sup19 plies that support Bureau of Reclamation 

20 water projects; or 

21 (iii) will become integrated into the 

22 operation of Bureau of Reclamation water 

23 projects. 

24 (2) FLEXIBILITY.—Any authority granted 

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1 quirement established under this section may be sat2 isfied, for the conduct of an environmental review 

3 process for a project study, a class of project stud4 ies, or a program of project studies. 

5 (3) LIST OF PROJECT STUDIES.— 

6 (A) IN GENERAL.—The Secretary shall an7 nually prepare, and make publicly available, a 

8 list of all project studies that the Secretary has 

9 determined— 

10 (i) meets the standards described in 

11 paragraph (1); and 

12 (ii) does not have adequate funding to 

13 make substantial progress toward the com14 pletion of the project study. 

15 (B) INCLUSIONS.—The Secretary shall in16 clude for each project study on the list under 

17 subparagraph (A) a description of the estimated 

18 amounts necessary to make substantial progress 

19 on the project study. 

20 (b) PROJECT REVIEW PROCESS.— 

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

22 and implement a coordinated environmental review 

23 process for the development of project studies. 

24 (2) COORDINATED REVIEW.—The coordinated 

25 environmental review process described in paragraph 


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

2 statement, permit, license, or other approval or deci3 sion issued or made by a Federal, State, or local 

4 governmental agency or an Indian tribe for a project 

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

6 the maximum extent practicable, concurrently with 

7 any other applicable governmental agency or Indian 

8 tribe. 

9 (3) TIMING.—The coordinated environmental 

10 review process under this subsection shall be com11 pleted not later than the date on which the Sec12 retary, in consultation and concurrence with the 

13 agencies identified under section 5(d), establishes 

14 with respect to the project study. 

15 (c) LEAD AGENCIES.— 

16 (1) JOINT LEAD AGENCIES.— 

17 (A) IN GENERAL.—Subject to the require18 ments of the National Environmental Policy 

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

20 requirements of section 1506.8 of title 40, Code 

21 of Federal Regulations (or successor regula22 tions), including the concurrence of the pro23 posed joint lead agency, a project sponsor may 

24 serve as the joint lead agency. 


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1 (B) PROJECT SPONSOR AS JOINT LEAD

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

3 local governmental entity may— 

4 (i) with the concurrence of the Sec5 retary, serve as a joint lead agency with 

6 the Federal lead agency for purposes of 

7 preparing any environmental document 

8 under the National Environmental Policy 

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

10 (ii) prepare any environmental review 

11 process document under the National En12 vironmental Policy Act of 1969 (42 U.S.C. 

13 4321 et seq.) required in support of any 

14 action or approval by the Secretary if— 

15 (I) the Secretary provides guid16 ance in the preparation process and 

17 independently evaluates that docu18 ment; 

19 (II) the project sponsor complies 

20 with all requirements applicable to the 

21 Secretary under— 

22 (aa) the National Environ23 mental Policy Act of 1969 (42 

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


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1 (bb) any regulation imple2 menting that Act; and 

3 (cc) any other applicable 

4 Federal law; and 

5 (III) the Secretary approves and 

6 adopts the document before the Sec7 retary takes any subsequent action or 

8 makes any approval based on that 

9 document, regardless of whether the 

10 action or approval of the Secretary re11 sults in Federal funding. 

12 (2) DUTIES.—The Secretary shall ensure 

13 that— 

14 (A) the project sponsor complies with all 

15 design and mitigation commitments made joint16 ly by the Secretary and the project sponsor in 

17 any environmental document prepared by the 

18 project sponsor in accordance with this sub19 section; and 

20 (B) any environmental document prepared 

21 by the project sponsor is appropriately supple22 mented to address any changes to the project 

23 the Secretary determines are necessary. 

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

25 environmental document prepared in accordance 


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1 with this subsection shall be adopted and used by 

2 any Federal agency making any determination re3 lated to the project study to the same extent that 

4 the Federal agency could adopt or use a document 

5 prepared by another Federal agency under— 

6 (A) the National Environmental Policy Act 

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

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

9 Code of Federal Regulations (or successor regu10 lations). 

11 (4) ROLES AND RESPONSIBILITY OF LEAD

12 AGENCY.—With respect to the environmental review 

13 process for any project study, the Federal lead agen14 cy shall have authority and responsibility— 

15 (A) to take such actions as are necessary 

16 and proper and within the authority of the Fed17 eral lead agency to facilitate the expeditious 

18 resolution of the environmental review process 

19 for the project study; and 

20 (B) to prepare or ensure that any required 

21 environmental impact statement or other envi22 ronmental review document for a project study 

23 required to be completed under the National 

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


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1 4321 et seq.) is completed in accordance with 

2 this section and applicable Federal law. 

3 (d) PARTICIPATING AND COOPERATING AGENCIES.— 

4 (1) IDENTIFICATION OF JURISDICTIONAL AGEN5 CIES.—With respect to carrying out the environ6 mental review process for a project study, the Sec7 retary shall identify, as early as practicable in the 

8 environmental review process, all Federal, State, and 

9 local government agencies and Indian tribes that 

10 may— 

11 (A) have jurisdiction over the project; 

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

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

14 project study; or 

15 (C) be required to make a determination 

16 on issuing a permit, license, or other approval 

17 or decision for the project study. 

18 (2) STATE AUTHORITY.—If the environmental 

19 review process is being implemented by the Sec20 retary for a project study within the boundaries of 

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

22 choose to participate in the process and to make 

23 subject to the process all State agencies that— 

24 (A) have jurisdiction over the project; 


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1 (B) are required to conduct or issue a re2 view, analysis, opinion, or statement for the 

3 project study; or 

4 (C) are required to make a determination 

5 on issuing a permit, license, or other approval 

6 or decision for the project study. 

7 (3) INVITATION.— 

8 (A) IN GENERAL.—The Federal lead agen9 cy shall invite, as early as practicable in the en10 vironmental review process, any agency identi11 fied under paragraph (1) to become a partici12 pating or cooperating agency, as applicable, in 

13 the environmental review process for the project 

14 study. 

15 (B) DEADLINE.—An invitation to partici16 pate issued under subparagraph (A) shall set a 

17 deadline by which a response to the invitation 

18 shall be submitted, which may be extended by 

19 the Federal lead agency for good cause. 

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

21 Code of Federal Regulations (as in effect on the 

22 date of enactment of the Bureau of Reclamation 

23 Surface Water Storage Streamlining Act) shall gov24 ern the identification and the participation of a co25 operating agency. 


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1 (5) FEDERAL COOPERATING AGENCIES.—Any 

2 Federal agency that is invited by the Federal lead 

3 agency to participate in the environmental review 

4 process for a project study shall be designated as a 

5 cooperating agency by the Federal lead agency un6 less the invited agency informs the Federal lead 

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

8 invitation that the invited agency— 

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

10 respect to the project; 

11 (ii) has no expertise or information rel12 evant to the project; or 

13 (iii) does not have adequate funds to par14 ticipate in the project; and 

15 (B) does not intend to submit comments 

16 on the project. 

17 (6) ADMINISTRATION.—A participating or co18 operating agency shall comply with this section and 

19 any schedule established under this section. 

20 (7) EFFECT OF DESIGNATION.—Designation as 

21 a participating or cooperating agency under this 

22 subsection shall not imply that the participating or 

23 cooperating agency— 

24 (A) supports a proposed project; or 


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1 (B) has any jurisdiction over, or special ex2 pertise with respect to evaluation of, the 

3 project. 

4 (8) CONCURRENT REVIEWS.—Each partici5 pating or cooperating agency shall— 

6 (A) carry out the obligations of that agen7 cy under other applicable law concurrently and 

8 in conjunction with the required environmental 

9 review process, unless doing so would prevent 

10 the participating or cooperating agency from 

11 conducting needed analysis or otherwise car12 rying out those obligations; and 

13 (B) formulate and implement administra14 tive, policy, and procedural mechanisms to en15 able the agency to ensure completion of the en16 vironmental review process in a timely, coordi17 nated, and environmentally responsible manner. 

18 (e) NON-FEDERAL PROJECTS INTEGRATED INTO

19 RECLAMATION SYSTEMS.—The Federal lead agency shall 

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

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

22 operated or administered in whole or in part by the Bu23 reau of Reclamation. 

24 (f) NON-FEDERAL PROJECT.—If the Secretary deter25 mines that a project can be expedited by a non-Federal 


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1 sponsor and that there is a demonstrable Federal interest 

2 in expediting that project, the Secretary shall take such 

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

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

5 into agreements with the non-Federal sponsor of such 

6 project to support the planning, design and permitting of 

7 such project as a non-Federal project. 

8 (g) PROGRAMMATIC COMPLIANCE.— 

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

10 guidance regarding the use of programmatic ap11 proaches to carry out the environmental review proc12 ess that— 

13 (A) eliminates repetitive discussions of the 

14 same issues; 

15 (B) focuses on the actual issues ripe for 

16 analyses at each level of review; 

17 (C) establishes a formal process for coordi18 nating with participating and cooperating agen19 cies, including the creation of a list of all data 

20 that are needed to carry out an environmental 

21 review process; and 

22 (D) complies with— 

23 (i) the National Environmental Policy 

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

25 (ii) all other applicable laws. 


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1 (2) REQUIREMENTS.—In carrying out para2 graph (1), the Secretary shall— 

3 (A) as the first step in drafting guidance 

4 under that paragraph, consult with relevant 

5 Federal, State, and local governmental agen6 cies, Indian tribes, and the public on the appro7 priate use and scope of the programmatic ap8 proaches; 

9 (B) emphasize the importance of collabora10 tion among relevant Federal, State, and local 

11 governmental agencies, and Indian tribes in un12 dertaking programmatic reviews, especially with 

13 respect to including reviews with a broad geo14 graphical scope; 

15 (C) ensure that the programmatic re16 views— 

17 (i) promote transparency, including of 

18 the analyses and data used in the environ19 mental review process, the treatment of 

20 any deferred issues raised by Federal, 

21 State, and local governmental agencies, In22 dian tribes, or the public, and the temporal 

23 and special scales to be used to analyze 

24 those issues; 


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1 (ii) use accurate and timely informa2 tion in the environmental review process, 

3 including— 

4 (I) criteria for determining the 

5 general duration of the usefulness of 

6 the review; and 

7 (II) the timeline for updating any 

8 out-of-date review; 

9 (iii) describe— 

10 (I) the relationship between pro11 grammatic analysis and future tiered 

12 analysis; and 

13 (II) the role of the public in the 

14 creation of future tiered analysis; and 

15 (iv) are available to other relevant 

16 Federal, State, and local governmental 

17 agencies, Indian tribes, and the public; 

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

19 notice and comment on any proposed guidance; 

20 and 

21 (E) address any comments received under 

22 subparagraph (D). 

23 (h) COORDINATED REVIEWS.— 

24 (1) COORDINATION PLAN.— 


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1 (A) ESTABLISHMENT.—The Federal lead 

2 agency shall, after consultation with and with 

3 the concurrence of each participating and co4 operating agency and the project sponsor or 

5 joint lead agency, as applicable, establish a plan 

6 for coordinating public and agency participation 

7 in, and comment on, the environmental review 

8 process for a project study or a category of 

9 project studies. 

10 (B) SCHEDULE.— 

11 (i) IN GENERAL.—As soon as prac12 ticable but not later than 45 days after the 

13 close of the public comment period on a 

14 draft environmental impact statement, the 

15 Federal lead agency, after consultation 

16 with and the concurrence of each partici17 pating and cooperating agency and the 

18 project sponsor or joint lead agency, as ap19 plicable, shall establish, as part of the co20 ordination plan established in subpara21 graph (A), a schedule for completion of the 

22 environmental review process for the 

23 project study. 


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1 (ii) FACTORS FOR CONSIDERATION.— 

2 In establishing a schedule, the Secretary 

3 shall consider factors such as— 

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

6 applicable laws; 

7 (II) the resources available to the 

8 project sponsor, joint lead agency, and 

9 other relevant Federal and State 

10 agencies, as applicable; 

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

13 (IV) the overall schedule for and 

14 cost of the project; and 

15 (V) the sensitivity of the natural 

16 and historical resources that could be 

17 affected by the project. 

18 (iii) MODIFICATIONS.—The Secretary 

19 may— 

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

22 and 

23 (II) shorten a schedule only with 

24 concurrence of the affected partici25 pating and cooperating agencies and 


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

3 (iv) DISSEMINATION.—A copy of a 

4 schedule established under clause (i) shall 

5 be— 

6 (I) provided to each participating 

7 and cooperating agency and the 

8 project sponsor or joint lead agency, 

9 as applicable; and 

10 (II) made available to the public. 

11 (2) COMMENT DEADLINES.—The Federal lead 

12 agency shall establish the following deadlines for 

13 comment during the environmental review process 

14 for a project study: 

15 (A) DRAFT ENVIRONMENTAL IMPACT

16 STATEMENTS.—For comments by Federal and 

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

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

21 availability of the draft environmental impact 

22 statement, unless— 

23 (i) a different deadline is established 

24 by agreement of the Federal lead agency, 

25 the project sponsor or joint lead agency, as 


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

3 (ii) the deadline is extended by the 

4 Federal lead agency for good cause. 

5 (B) OTHER ENVIRONMENTAL REVIEW

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

8 or public comments in the environmental review 

9 process, a period of not more than 30 days 

10 after the date on which the materials on which 

11 comment is requested are made available, un12 less— 

13 (i) a different deadline is established 

14 by agreement of the Federal lead agency, 

15 the project sponsor, or joint lead agency, 

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

18 (ii) the deadline is extended by the 

19 Federal lead agency for good cause. 

20 (3) DEADLINES FOR DECISIONS UNDER OTHER

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

22 Federal law relating to a project study, including the 

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

24 to be made by the date described in subsection 

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

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

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

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

8 (B) every 60 days thereafter until such 

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

11 the Federal agency, an additional notice that 

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

14 date of the additional notice. 

15 (4) INVOLVEMENT OF THE PUBLIC.—Nothing 

16 in this subsection reduces any time period provided 

17 for public comment in the environmental review 

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

20 (5) TRANSPARENCY REPORTING.— 

21 (A) REPORTING REQUIREMENTS.—Not 

22 later than 1 year after the date of enactment of 

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

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1 porting requirements to make publicly available 

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

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

6 State, or local approval or action required for a 

7 project study for which this section is applica8 ble. 

9 (B) PROJECT STUDY TRANSPARENCY.— 

10 Consistent with the requirements established 

11 under subparagraph (A), the Secretary shall 

12 make publicly available the status and progress 

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

14 or approval required under applicable laws for 

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

17 (i) ISSUE IDENTIFICATION AND RESOLUTION.— 

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

19 the cooperating agencies, and any participating 

20 agencies shall work cooperatively in accordance with 

21 this section to identify and resolve issues that could 

22 delay completion of the environmental review process 

23 or result in the denial of any approval required for 

24 the project study under applicable laws. 


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1 (2) FEDERAL LEAD AGENCY RESPONSIBIL2 ITIES.— 

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

6 early as practicable in the environmental review 

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

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

11 (B) DATA SOURCES.—The information 

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

15 (3) COOPERATING AND PARTICIPATING AGENCY

16 RESPONSIBILITIES.—Based on information received 

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

20 environmental or socioeconomic impacts of the 

21 project, including any issues that could substantially 

22 delay or prevent an agency from granting a permit 

23 or other approval that is needed for the project 

24 study. 


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1 (4) ACCELERATED ISSUE RESOLUTION AND

2 ELEVATION.— 

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

4 participating or cooperating agency or project 

5 sponsor, the Secretary shall convene an issue 

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

8 sponsor or joint lead agency, as applicable, to 

9 resolve issues that may— 

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

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

15 (B) MEETING DATE.—A meeting requested 

16 under this paragraph shall be held not later 

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

20 cause to extend that deadline. 

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

23 Secretary shall notify all relevant participating 

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

2 meeting. 

3 (D) ELEVATION OF ISSUE RESOLUTION.— 

4 If a resolution cannot be achieved within the 

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

7 is made by the Secretary that all information 

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

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

12 (E) CONVENTION BY SECRETARY.—The 

13 Secretary may convene an issue resolution 

14 meeting under this paragraph at any time, at 

15 the discretion of the Secretary, regardless of 

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

18 (5) FINANCIAL PENALTY PROVISIONS.— 

19 (A) IN GENERAL.—A Federal jurisdictional 

20 agency shall complete any required approval or 

21 decision for the environmental review process 

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

24 (B) FAILURE TO DECIDE.— 

25 (i) IN GENERAL.— 


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1 (I) TRANSFER OF FUNDS.—If a 

2 Federal jurisdictional agency fails to 

3 render a decision required under any 

4 Federal law relating to a project study 

5 that requires the preparation of an 

6 environmental impact statement or 

7 environmental assessment, including 

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

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

13 of the Federal jurisdictional agency 

14 shall be reduced by an amount of 

15 funding equal to the amount specified 

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

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

21 1 day after the applicable date under 

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

24 subject to subparagraph (C). 


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

3 subclause (I) is— 

4 (aa) $20,000 for any project 

5 study requiring the preparation 

6 of an environmental assessment 

7 or environmental impact state8 ment; or 

9 (bb) $10,000 for any project 

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

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

14 an environmental assessment or 

15 environmental impact statement. 

16 (ii) DESCRIPTION OF DATE.—The 

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

18 of— 

19 (I) the date that is 180 days 

20 after the date on which an application 

21 for the permit, license, or approval is 

22 complete; and 

23 (II) the date that is 180 days 

24 after the date on which the Federal 

25 lead agency issues a decision on the 


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

3 4321 et seq.). 

4 (C) LIMITATIONS.— 

5 (i) IN GENERAL.—No transfer of 

6 funds under subparagraph (B) relating to 

7 an individual project study shall exceed, in 

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

10 applicable agency office. 

11 (ii) FAILURE TO DECIDE.—The total 

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

14 decision by an applicable deadline shall not 

15 exceed an amount equal to 5 percent of the 

16 funds made available for the applicable 

17 agency office for that fiscal year. 

18 (iii) AGGREGATE.—Notwithstanding 

19 any other provision of law, for each fiscal 

20 year, the aggregate amount of financial 

21 penalties assessed against each applicable 

22 agency office under this Act and any other 

23 Federal law as a result of a failure of the 

24 agency to make a decision by an applicable 

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1 ing the total amount transferred under this 

2 paragraph, shall not exceed an amount 

3 equal to 9.5 percent of the funds made 

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

6 (D) NO FAULT OF AGENCY.— 

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

8 under this paragraph shall not be made if 

9 the applicable agency described in subpara10 graph (A) notifies, with a supporting ex11 planation, the Federal lead agency, cooper12 ating agencies, and project sponsor, as ap13 plicable, that— 

14 (I) the agency has not received 

15 necessary information or approvals 

16 from another entity in a manner that 

17 affects the ability of the agency to 

18 meet any requirements under Federal, 

19 State, or local law; 

20 (II) significant new information, 

21 including from public comments, or 

22 circumstances, including a major 

23 modification to an aspect of the 

24 project, requires additional analysis 


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1 for the agency to make a decision on 

2 the project application; or 

3 (III) the agency lacks the finan4 cial resources to complete the review 

5 under the scheduled timeframe, in6 cluding a description of the number of 

7 full-time employees required to com8 plete the review, the amount of fund9 ing required to complete the review, 

10 and a justification as to why not 

11 enough funding is available to com12 plete the review by the deadline. 

13 (ii) LACK OF FINANCIAL RE14 SOURCES.—If the agency provides notice 

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

16 of the agency shall— 

17 (I) conduct a financial audit to 

18 review the notice; and 

19 (II) not later than 90 days after 

20 the date on which the review described 

21 in subclause (I) is completed, submit 

22 to the Committee on Natural Re23 sources of the House of Representa24 tives and the Committee on Energy 


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1 and Natural Resources of the Senate 

2 a report on the notice. 

3 (E) LIMITATION.—The Federal agency 

4 from which funds are transferred pursuant to 

5 this paragraph shall not reprogram funds to the 

6 office of the head of the agency, or equivalent 

7 office, to reimburse that office for the loss of 

8 the funds. 

9 (F) EFFECT OF PARAGRAPH.—Nothing in 

10 this paragraph affects or limits the application 

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

12 State, local, or tribal law. 

13 (j) MEMORANDUM OF AGREEMENTS FOR EARLY CO14 ORDINATION.— 

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

16 Congress that— 

17 (A) the Secretary and other Federal agen18 cies with relevant jurisdiction in the environ19 mental review process should cooperate with 

20 each other, State and local agencies, and Indian 

21 tribes on environmental review and Bureau of 

22 Reclamation project delivery activities at the 

23 earliest practicable time to avoid delays and du24 plication of effort later in the process, prevent 

25 potential conflicts, and ensure that planning 


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1 and project development decisions reflect envi2 ronmental values; and 

3 (B) the cooperation referred to in subpara4 graph (A) should include the development of 

5 policies and the designation of staff that advise 

6 planning agencies and project sponsors of stud7 ies or other information foreseeably required for 

8 later Federal action and early consultation with 

9 appropriate State and local agencies and Indian 

10 tribes. 

11 (2) TECHNICAL ASSISTANCE.—If requested at 

12 any time by a State or project sponsor, the Sec13 retary and other Federal agencies with relevant ju14 risdiction in the environmental review process, shall, 

15 to the maximum extent practicable and appropriate, 

16 as determined by the agencies, provide technical as17 sistance to the State or project sponsor in carrying 

18 out early coordination activities. 

19 (3) MEMORANDUM OF AGENCY AGREEMENT.— 

20 If requested at any time by a State or project spon21 sor, the Federal lead agency, in consultation with 

22 other Federal agencies with relevant jurisdiction in 

23 the environmental review process, may establish 

24 memoranda of agreement with the project sponsor, 

25 Indian tribes, State and local governments, and 


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1 other appropriate entities to carry out the early co2 ordination activities, including providing technical 

3 assistance in identifying potential impacts and miti4 gation issues in an integrated fashion. 

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

6 or interferes with— 

7 (1) any obligation to comply with the provisions 

8 of any Federal law, including— 

9 (A) the National Environmental Policy Act 

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

11 (B) any other Federal environmental law; 

12 (2) the reviewability of any final Federal agency 

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

14 of any State; 

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

16 responding to public comment; or 

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

18 or authority that a Federal, State, or local govern19 mental agency, Indian tribe, or project sponsor has 

20 with respect to carrying out a project or any other 

21 provision of law applicable to projects. 

22 (l) TIMING OF CLAIMS.— 

23 (1) TIMING.— 

24 (A) IN GENERAL.—Notwithstanding any 

25 other provision of law, a claim arising under 


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1 Federal law seeking judicial review of a permit, 

2 license, or other approval issued by a Federal 

3 agency for a project study shall be barred un4 less the claim is filed not later than 3 years 

5 after publication of a notice in the Federal Reg6 ister announcing that the permit, license, or 

7 other approval is final pursuant to the law 

8 under which the agency action is taken, unless 

9 a shorter time is specified in the Federal law 

10 that allows judicial review. 

11 (B) APPLICABILITY.—Nothing in this sub12 section creates a right to judicial review or 

13 places any limit on filing a claim that a person 

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

15 other approval. 

16 (2) NEW INFORMATION.— 

17 (A) IN GENERAL.—The Secretary shall 

18 consider new information received after the 

19 close of a comment period if the information 

20 satisfies the requirements for a supplemental 

21 environmental impact statement under title 40, 

22 Code of Federal Regulations (including suc23 cessor regulations). 

24 (B) SEPARATE ACTION.—The preparation 

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1 ment or other environmental document, if re2 quired under this section, shall be considered a 

3 separate final agency action and the deadline 

4 for filing a claim for judicial review of the ac5 tion shall be 3 years after the date of publica6 tion of a notice in the Federal Register an7 nouncing the action relating to such supple8 mental environmental impact statement or 

9 other environmental document. 

10 (m) CATEGORICAL EXCLUSIONS.— 

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

12 after the date of enactment of this Act, the Sec13 retary shall— 

14 (A) survey the use by the Bureau of Rec15 lamation of categorical exclusions in projects 

16 since 2005; 

17 (B) publish a review of the survey that in18 cludes a description of— 

19 (i) the types of actions that were cat20 egorically excluded or could be the basis 

21 for developing a new categorical exclusion; 

22 and 

23 (ii) any requests previously received 

24 by the Secretary for new categorical exclu25 sions; and 


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1 (C) solicit requests from other Federal 

2 agencies and project sponsors for new categor3 ical exclusions. 

4 (2) NEW CATEGORICAL EXCLUSIONS.—Not 

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

6 Act, if the Secretary has identified a category of ac7 tivities that merit establishing a categorical exclusion 

8 that did not exist on the day before the date of en9 actment this Act based on the review under para10 graph (1), the Secretary shall publish a notice of 

11 proposed rulemaking to propose that new categorical 

12 exclusion, to the extent that the categorical exclusion 

13 meets the criteria for a categorical exclusion under 

14 section 1508.4 of title 40, Code of Federal Regula15 tions (or successor regulation). 

16 (n) REVIEW OF PROJECT ACCELERATION RE17 FORMS.— 

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

19 the United States shall— 

20 (A) assess the reforms carried out under 

21 this section; and 

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

23 than 10 years after the date of enactment of 

24 this Act, submit to the Committee on Natural 

25 Resources of the House of Representatives and 


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1 the Committee on Energy and Natural Re2 sources of the Senate a report that describes 

3 the results of the assessment. 

4 (2) CONTENTS.—The reports under paragraph 

5 (1) shall include an evaluation of impacts of the re6 forms carried out under this section on— 

7 (A) project delivery; 

8 (B) compliance with environmental laws; 

9 and 

10 (C) the environmental impact of projects. 

11 (o) PERFORMANCE MEASUREMENT.—The Secretary 

12 shall establish a program to measure and report on 

13 progress made toward improving and expediting the plan14 ning and environmental review process. 

15 (p) CATEGORICAL EXCLUSIONS IN EMERGENCIES.— 

16 For the repair, reconstruction, or rehabilitation of a Bu17 reau of Reclamation surface water storage project that is 

18 in operation or under construction when damaged by an 

19 event or incident that results in a declaration by the Presi20 dent of a major disaster or emergency pursuant to the 

21 Robert T. Stafford Disaster Relief and Emergency Assist22 ance Act (42 U.S.C. 5121 et seq.), the Secretary shall 

23 treat such repair, reconstruction, or rehabilitation activity 

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1 ronmental impact statements under section 1508.4 of title 

2 40, Code of Federal Regulations (or successor regula3 tions), if the repair or reconstruction activity is— 

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

5 dimensions, and design as the original Bureau of 

6 Reclamation surface water storage project as before 

7 the declaration described in this section; and 

8 (2) commenced within a 2-year period begin9 ning on the date of a declaration described in this 

10 subsection. 

11 SEC. 6. ANNUAL REPORT TO CONGRESS. 

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

13 year, the Secretary shall develop and submit to the Com14 mittee on Natural Resources of the House of Representa15 tives and the Committee on Energy and Natural Re16 sources of the Senate an annual report, to be entitled ‘‘Re17 port to Congress on Future Surface Water Storage Devel18 opment’’, that identifies the following: 

19 (1) PROJECT REPORTS.—Each project report 

20 that meets the criteria established in subsection 

21 (c)(1)(A). 

22 (2) PROPOSED PROJECT STUDIES.—Any pro23 posed project study submitted to the Secretary by a 

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


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1 meets the criteria established in subsection 

2 (c)(1)(A). 

3 (3) PROPOSED MODIFICATIONS.—Any proposed 

4 modification to an authorized surface water storage 

5 project or project study that meets the criteria es6 tablished in subsection (c)(1)(A) that— 

7 (A) is submitted to the Secretary by a non8 Federal interest pursuant to subsection (b); or 

9 (B) is identified by the Secretary for au10 thorization. 

11 (4) EXPEDITED COMPLETION OF REPORT AND

12 DETERMINATIONS.—Any project study that was ex13 pedited and any Secretarial determinations under 

14 section 4 of this Act. 

15 (b) REQUESTS FOR PROPOSALS.— 

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

17 each year, the Secretary shall publish in the Federal 

18 Register a notice requesting proposals from non19 Federal interests for proposed project studies and 

20 proposed modifications to authorized surface water 

21 storage projects and project studies to be included in 

22 the annual report. 

23 (2) DEADLINE FOR REQUESTS.—The Secretary 

24 shall include in each notice required by this sub25 section a requirement that non-Federal interests 


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1 submit to the Secretary any proposals described in 

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

3 date of publication of the notice in the Federal Reg4 ister in order for the proposals to be considered for 

5 inclusion in the annual report. 

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

7 of each notice required by this subsection, the Sec8 retary shall— 

9 (A) make the notice publicly available, in10 cluding on the Internet; and 

11 (B) provide written notification of the pub12 lication to the Committee on Natural Resources 

13 of the House of Representatives and the Com14 mittee on Energy and Natural Resources of the 

15 Senate. 

16 (c) CONTENTS.— 

17 (1) PROJECT REPORTS, PROPOSED PROJECT

18 STUDIES, AND PROPOSED MODIFICATIONS.— 

19 (A) CRITERIA FOR INCLUSION IN RE20 PORT.—The Secretary shall include in the an21 nual report only those project reports, proposed 

22 project studies, and proposed modifications to 

23 authorized surface water storage projects and 

24 project studies that— 


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1 (i) are related to the missions and au2 thorities of the Bureau of Reclamation; 

3 (ii) require specific congressional au4 thorization, including by an Act of Con5 gress; 

6 (iii) have not been congressionally au7 thorized; 

8 (iv) have not been included in any 

9 previous annual report; and 

10 (v) if authorized, could be carried out 

11 by the Bureau of Reclamation. 

12 (B) DESCRIPTION OF BENEFITS.— 

13 (i) DESCRIPTION.—The Secretary 

14 shall describe in the annual report, to the 

15 extent applicable and practicable, for each 

16 proposed project study and proposed modi17 fication to an authorized water resources 

18 development project or project study in19 cluded in the annual report, the benefits, 

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

21 study or proposed modification. 

22 (ii) BENEFITS.—The benefits (or ex23 pected benefits, in the case of a proposed 

24 project study) described in this clause are 

25 benefits to— 


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1 (I) the protection of human life 

2 and property; 

3 (II) improvement to domestic ir4 rigated water and power supplies; 

5 (III) the national economy; 

6 (IV) the environment; or 

7 (V) the national security inter8 ests of the United States. 

9 (C) IDENTIFICATION OF OTHER FAC10 TORS.—The Secretary shall identify in the an11 nual report, to the extent practicable— 

12 (i) for each proposed project study in13 cluded in the annual report, the non-Fed14 eral interest that submitted the proposed 

15 project study pursuant to subsection (b); 

16 and 

17 (ii) for each proposed project study 

18 and proposed modification to a surface 

19 water storage project or project study in20 cluded in the annual report, whether the 

21 non-Federal interest has demonstrated— 

22 (I) that local support exists for 

23 the proposed project study or pro24 posed modification to an authorized 

25 surface water storage project or 


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1 project study (including the surface 

2 water storage development project 

3 that is the subject of the proposed 

4 feasibility study or the proposed modi5 fication to an authorized project 

6 study); and 

7 (II) the financial ability to pro8 vide the required non-Federal cost 

9 share. 

10 (2) TRANSPARENCY.—The Secretary shall in11 clude in the annual report, for each project report, 

12 proposed project study, and proposed modification to 

13 a surface water storage project or project study in14 cluded under paragraph (1)(A)— 

15 (A) the name of the associated non-Fed16 eral interest, including the name of any non17 Federal interest that has contributed, or is ex18 pected to contribute, a non-Federal share of the 

19 cost of— 

20 (i) the project report; 

21 (ii) the proposed project study; 

22 (iii) the authorized project study for 

23 which the modification is proposed; or 

24 (iv) construction of— 


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1 (I) the surface water storage 

2 project that is the subject of— 

3 (aa) the water report; 

4 (bb) the proposed project 

5 study; or 

6 (cc) the authorized project 

7 study for which a modification is 

8 proposed; or 

9 (II) the proposed modification to 

10 a surface water storage development 

11 project; 

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

13 water report, proposed project study, or pro14 posed modification to an authorized surface 

15 water storage development project or project 

16 study from each associated non-Federal inter17 est; 

18 (C) the purpose of the feasibility report, 

19 proposed feasibility study, or proposed modi20 fication to an authorized surface water storage 

21 project or project study; 

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

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

24 of— 


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1 (i) the proposed modification to an 

2 authorized project study; and 

3 (ii) construction of— 

4 (I) the surface water storage de5 velopment project that is the subject 

6 of— 

7 (aa) the project report; or 

8 (bb) the authorized project 

9 study for which a modification is 

10 proposed, with respect to the 

11 change in costs resulting from 

12 such modification; or 

13 (II) the proposed modification to 

14 an authorized surface water storage 

15 development project; and 

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

17 of the monetary and nonmonetary benefits of— 

18 (i) the surface water storage develop19 ment project that is the subject of— 

20 (I) the project report; or 

21 (II) the authorized project study 

22 for which a modification is proposed, 

23 with respect to the benefits of such 

24 modification; or 


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1 (ii) the proposed modification to an 

2 authorized surface water storage develop3 ment project. 

4 (3) CERTIFICATION.—The Secretary shall in5 clude in the annual report a certification stating 

6 that each feasibility report, proposed feasibility 

7 study, and proposed modification to a surface water 

8 storage project or project study included in the an9 nual report meets the criteria established in para10 graph (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 in14 cluded in the annual report under paragraph (1)(A) 

15 and a description of why the Secretary determined 

16 that those proposals did not meet the criteria for in17 clusion 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 

6 section. 

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

8 report to Congress, the Secretary shall make the annual 

9 report publicly available, including through publication on 

10 the Internet. 

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

12 report’’ means a final feasibility report developed under 

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

14 amendatory thereof or supplementary thereto. 

Æ 


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