I 

113TH CONGRESS 

2D SESSION H. R. 5412 

To facilitate and streamline the Bureau of Reclamation process for creating 

or expanding surface water storage under Reclamation law. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2014 

Mr. HASTINGS of Washington 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 

10 the detailed statement of environmental impacts of 


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1 a project required to be prepared pursuant to the 

2 National Environmental Policy Act of 1969 (42 

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

4 (2) ENVIRONMENTAL REVIEW PROCESS.— 

5 (A) IN GENERAL.—The term ‘‘environ6 mental review process’’ means the process of 

7 preparing an environmental impact statement, 

8 environmental assessment, categorical exclusion, 

9 or other document under the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et 

11 seq.) for a project study. 

12 (B) INCLUSIONS.—The term ‘‘environ13 mental review process’’ includes the process for 

14 and completion of any environmental permit, 

15 approval, review, or study required for a project 

16 study under any Federal law other than the 

17 National Environmental Policy Act of 1969 (42 

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

19 (3) FEDERAL JURISDICTIONAL AGENCY.—The 

20 term ‘‘Federal jurisdictional agency’’ means a Fed21 eral agency with jurisdiction delegated by law, regu22 lation, order, or otherwise over a review, analysis, 

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

24 or decision required for a project study under appli25 cable Federal laws (including regulations). 


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1 (4) FEDERAL LEAD AGENCY.—The term ‘‘Fed2 eral lead agency’’ means the Bureau of Reclamation. 

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

4 surface water project to be carried out or funded by 

5 the Secretary pursuant to the Act of June 17, 1902 

6 (32 Stat. 388, chapter 1093), and Acts supple7 mental to and amendatory of that Act (43 U.S.C. 

8 371 et seq.). 

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

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

11 or other qualifying entity, such as a water conserva12 tion district, irrigation district, water conservancy 

13 district, or rural water district or association. 

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

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

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

17 388, chapter 1093), and Acts supplemental to and 

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

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

20 the Secretary of the Interior. 

21 (9) SURFACE WATER STORAGE.—The term 

22 ‘‘surface water storage’’ means any surface water 

23 reservoir or impoundment that would be owned, 

24 funded, or operated by the Bureau of Reclamation. 


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1 SEC. 3. ACCELERATION OF STUDIES. 

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

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

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

5 (32 Stat. 388), and all Acts amendatory thereof or supple6 mentary thereto, 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 concurrently conduct the review re15 quired under that section. 

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

17 project study described in subsection (a) will not be con18 ducted in accordance with subsection (a), the Secretary, 

19 not later than 30 days after the date of making the deter20 mination, shall— 

21 (1) prepare an updated project study schedule 

22 and cost estimate; 

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

24 partner that the project study has been delayed; and 

25 (3) provide written notice to the Committee on 

26 Natural Resources of the House of Representatives 


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1 and the Committee on Energy and Natural Re2 sources of the Senate as to the reasons the require3 ments of subsection (a) are not attainable. 

4 (c) EXCEPTION.— 

5 (1) IN GENERAL.—Notwithstanding the re6 quirements of subsection (a), the Secretary may ex7 tend the timeline of a project study by a period not 

8 to exceed 3 years, if the Secretary determines that 

9 the project study is too complex to comply with the 

10 requirements of subsection (a). 

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

12 a study is too complex to comply with the require13 ments of subsection (a), the Secretary shall con14 sider— 

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

16 overall cost of the project; 

17 (B) whether the project will use any inno18 vative design or construction techniques; 

19 (C) whether the project will require signifi20 cant action by other Federal, State, or local 

21 agencies; 

22 (D) whether there is significant public dis23 pute as to the nature or effects of the project; 

24 and 


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1 (E) whether there is significant public dis2 pute as to the economic or environmental costs 

3 or benefits of the project. 

4 (3) NOTIFICATION.—Each time the Secretary 

5 makes a determination under this subsection, the 

6 Secretary shall provide written notice to the Com7 mittee on Natural Resources of the House of Rep8 resentatives and the Committee on Energy and Nat9 ural Resources of the Senate as to the results of 

10 that determination, including an identification of the 

11 specific 1 or more factors used in making the deter12 mination that the project is complex. 

13 (4) LIMITATION.—The Secretary shall not ex14 tend the timeline for a project study for a period of 

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

16 completed before that date shall no longer be au17 thorized. 

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

19 of the initiation of a project study described in subsection 

20 (a), the Secretary shall— 

21 (1) take all steps necessary to initiate the proc22 ess for completing federally mandated reviews that 

23 the Secretary is required to complete as part of the 

24 study, including the environmental review process 

25 under section 5; 


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

2 State agencies identified under section 5(d) that 

3 may— 

4 (A) have jurisdiction over the project; 

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

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

7 project study; or 

8 (C) be required to make a determination 

9 on issuing a permit, license, or other approval 

10 or decision for the project study; and 

11 (3) take all steps necessary to provide informa12 tion that will enable required reviews and analyses 

13 related to the project to be conducted by other agen14 cies in a thorough and timely manner. 

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

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

17 submit to the Committee on Natural Resources of the 

18 House of Representatives and the Committee on Energy 

19 and Natural Resources of the Senate and make publicly 

20 available a report that describes— 

21 (1) the status of the implementation of the 

22 planning process under this section, including the 

23 number of participating projects; 

24 (2) a review of project delivery schedules, in25 cluding a description of any delays on those studies 


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1 initiated prior to the date of the enactment of this 

2 Act; and 

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

5 project. 

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

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

8 to the Committee on Natural Resources of the House of 

9 Representatives and the Committee on Energy and Nat10 ural Resources of the Senate and make publicly available 

11 a report that describes— 

12 (1) the status of the implementation of this sec13 tion, including a description of each project study 

14 subject to the requirements of this section; 

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

16 project study; and 

17 (3) any recommendations for additional author18 ity necessary to support efforts to expedite the 

19 project study process, including an analysis of 

20 whether the limitation established by subsection 

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

22 of inflation. 

23 SEC. 4. EXPEDITED COMPLETION OF REPORTS. 

24 The Secretary shall— 


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1 (1) expedite the completion of any ongoing 

2 project study initiated before the date of enactment 

3 of this Act; and 

4 (2) if the Secretary determines that the project 

5 is justified in a completed report, proceed directly to 

6 preconstruction planning, engineering, and design of 

7 the project in accordance with the Reclamation Act 

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

9 thereof or supplementary thereto. 

10 SEC. 5. PROJECT ACCELERATION. 

11 (a) APPLICABILITY.— 

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

13 each project study that is initiated after the date of 

14 enactment of this Act and for which an environ15 mental impact statement is prepared under the Na16 tional Environmental Policy Act of 1969 (42 U.S.C. 

17 4321 et seq.). 

18 (2) FLEXIBILITY.—Any authority granted 

19 under this section may be exercised, and any re20 quirement established under this section may be sat21 isfied, for the conduct of an environmental review 

22 process for a project study, a class of project stud23 ies, or a program of project studies. 

24 (3) LIST OF PROJECT STUDIES.— 


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

3 list of all project studies that the Secretary has 

4 determined— 

5 (i) meets the standards described in 

6 paragraph (1); and 

7 (ii) does not have adequate funding to 

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

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

12 subparagraph (A) a description of the estimated 

13 amounts necessary to make substantial progress 

14 on the project study. 

15 (b) PROJECT REVIEW PROCESS.— 

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

17 and implement a coordinated environmental review 

18 process for the development of project studies. 

19 (2) COORDINATED REVIEW.—The coordinated 

20 environmental review process described in paragraph 

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

22 statement, permit, license, or other approval or deci23 sion issued or made by a Federal, State, or local 

24 governmental agency or an Indian tribe for a project 

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


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1 the maximum extent practicable, concurrently with 

2 any other applicable governmental agency or Indian 

3 tribe. 

4 (3) TIMING.—The coordinated environmental 

5 review process under this subsection shall be com6 pleted not later than the date on which the Sec7 retary, in consultation and concurrence with the 

8 agencies identified under section 5(d), establishes 

9 with respect to the project study. 

10 (c) LEAD AGENCIES.— 

11 (1) JOINT LEAD AGENCIES.— 

12 (A) IN GENERAL.—Subject to the require13 ments of the National Environmental Policy 

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

15 requirements of section 1506.8 of title 40, Code 

16 of Federal Regulations (or successor regula17 tions), including the concurrence of the pro18 posed joint lead agency, a project sponsor may 

19 serve as the joint lead agency. 

20 (B) PROJECT SPONSOR AS JOINT LEAD

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

22 local governmental entity may— 

23 (i) with the concurrence of the Sec24 retary, serve as a joint lead agency with 

25 the Federal lead agency for purposes of 


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1 preparing any environmental document 

2 under the National Environmental Policy 

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

4 (ii) prepare any environmental review 

5 process document under the National En6 vironmental Policy Act of 1969 (42 U.S.C. 

7 4321 et seq.) required in support of any 

8 action or approval by the Secretary if— 

9 (I) the Secretary provides guid10 ance in the preparation process and 

11 independently evaluates that docu12 ment; 

13 (II) the project sponsor complies 

14 with all requirements applicable to the 

15 Secretary under— 

16 (aa) the National Environ17 mental Policy Act of 1969 (42 

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

19 (bb) any regulation imple20 menting that Act; and 

21 (cc) any other applicable 

22 Federal law; and 

23 (III) the Secretary approves and 

24 adopts the document before the Sec25 retary takes any subsequent action or 


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1 makes any approval based on that 

2 document, regardless of whether the 

3 action or approval of the Secretary re4 sults in Federal funding. 

5 (2) DUTIES.—The Secretary shall ensure 

6 that— 

7 (A) the project sponsor complies with all 

8 design and mitigation commitments made joint9 ly by the Secretary and the project sponsor in 

10 any environmental document prepared by the 

11 project sponsor in accordance with this sub12 section; and 

13 (B) any environmental document prepared 

14 by the project sponsor is appropriately supple15 mented to address any changes to the project 

16 the Secretary determines are necessary. 

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

18 environmental document prepared in accordance 

19 with this subsection shall be adopted and used by 

20 any Federal agency making any determination re21 lated to the project study to the same extent that 

22 the Federal agency could adopt or use a document 

23 prepared by another Federal agency under— 

24 (A) the National Environmental Policy Act 

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


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

2 Code of Federal Regulations (or successor regu3 lations). 

4 (4) ROLES AND RESPONSIBILITY OF LEAD

5 AGENCY.—With respect to the environmental review 

6 process for any project study, the Federal lead agen7 cy shall have authority and responsibility— 

8 (A) to take such actions as are necessary 

9 and proper and within the authority of the Fed10 eral lead agency to facilitate the expeditious 

11 resolution of the environmental review process 

12 for the project study; and 

13 (B) to prepare or ensure that any required 

14 environmental impact statement or other envi15 ronmental review document for a project study 

16 required to be completed under the National 

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

18 4321 et seq.) is completed in accordance with 

19 this section and applicable Federal law. 

20 (d) PARTICIPATING AND COOPERATING AGENCIES.— 

21 (1) IDENTIFICATION OF JURISDICTIONAL AGEN22 CIES.—With respect to carrying out the environ23 mental review process for a project study, the Sec24 retary shall identify, as early as practicable in the 

25 environmental review process, all Federal, State, and 


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1 local government agencies and Indian tribes that 

2 may— 

3 (A) have jurisdiction over the project; 

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

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

6 project study; or 

7 (C) be required to make a determination 

8 on issuing a permit, license, or other approval 

9 or decision for the project study. 

10 (2) STATE AUTHORITY.—If the environmental 

11 review process is being implemented by the Sec12 retary for a project study within the boundaries of 

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

14 choose to participate in the process and to make 

15 subject to the process all State agencies that— 

16 (A) have jurisdiction over the project; 

17 (B) are required to conduct or issue a re18 view, analysis, opinion, or statement for the 

19 project study; or 

20 (C) are required to make a determination 

21 on issuing a permit, license, or other approval 

22 or decision for the project study. 

23 (3) INVITATION.— 

24 (A) IN GENERAL.—The Federal lead agen25 cy shall invite, as early as practicable in the enVerDate Mar 15 2010 20:52 Sep 09, 2014 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5412.IH H5412

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1 vironmental review process, any agency identi2 fied under paragraph (1) to become a partici3 pating or cooperating agency, as applicable, in 

4 the environmental review process for the project 

5 study. 

6 (B) DEADLINE.—An invitation to partici7 pate issued under subparagraph (A) shall set a 

8 deadline by which a response to the invitation 

9 shall be submitted, which may be extended by 

10 the Federal lead agency for good cause. 

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

12 Code of Federal Regulations (as in effect on the 

13 date of enactment of the Bureau of Reclamation 

14 Surface Water Storage Streamlining Act) shall gov15 ern the identification and the participation of a co16 operating agency. 

17 (5) FEDERAL COOPERATING AGENCIES.—Any 

18 Federal agency that is invited by the Federal lead 

19 agency to participate in the environmental review 

20 process for a project study shall be designated as a 

21 cooperating agency by the Federal lead agency un22 less the invited agency informs the Federal lead 

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

24 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) PROGRAMMATIC COMPLIANCE.— 

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

11 guidance regarding the use of programmatic ap12 proaches to carry out the environmental review proc13 ess that— 

14 (A) eliminates repetitive discussions of the 

15 same issues; 

16 (B) focuses on the actual issues ripe for 

17 analyses at each level of review; 

18 (C) establishes a formal process for coordi19 nating with participating and cooperating agen20 cies, including the creation of a list of all data 

21 that are needed to carry out an environmental 

22 review process; and 

23 (D) complies with— 

24 (i) the National Environmental Policy 

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


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1 (ii) all other applicable laws. 

2 (2) REQUIREMENTS.—In carrying out para3 graph (1), the Secretary shall— 

4 (A) as the first step in drafting guidance 

5 under that paragraph, consult with relevant 

6 Federal, State, and local governmental agen7 cies, Indian tribes, and the public on the appro8 priate use and scope of the programmatic ap9 proaches; 

10 (B) emphasize the importance of collabora11 tion among relevant Federal, State, and local 

12 governmental agencies, and Indian tribes in un13 dertaking programmatic reviews, especially with 

14 respect to including reviews with a broad geo15 graphical scope; 

16 (C) ensure that the programmatic re17 views— 

18 (i) promote transparency, including of 

19 the analyses and data used in the environ20 mental review process, the treatment of 

21 any deferred issues raised by Federal, 

22 State, and local governmental agencies, In23 dian tribes, or the public, and the temporal 

24 and special scales to be used to analyze 

25 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 (f) 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 States 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 (h)(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 

25 with other Federal and State agencies, issue reVerDate Mar 15 2010 20:52 Sep 09, 2014 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5412.IH H5412

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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 (g) 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 (h) 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 (i) 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 (j) 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 (k) 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 (l) 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 (m) 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 (n) 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 (b) REQUESTS FOR PROPOSALS.— 

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

13 each year, the Secretary shall publish in the Federal 

14 Register a notice requesting proposals from non15 Federal interests for proposed project studies and 

16 proposed modifications to authorized surface water 

17 storage projects and project studies to be included in 

18 the annual report. 

19 (2) DEADLINE FOR REQUESTS.—The Secretary 

20 shall include in each notice required by this sub21 section a requirement that non-Federal interests 

22 submit to the Secretary any proposals described in 

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

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1 ister in order for the proposals to be considered for 

2 inclusion in the annual report. 

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

4 of each notice required by this subsection, the Sec5 retary shall— 

6 (A) make the notice publicly available, in7 cluding on the Internet; and 

8 (B) provide written notification of the pub9 lication to the Committee on Natural Resources 

10 of the House of Representatives and the Com11 mittee on Energy and Natural Resources of the 

12 Senate. 

13 (c) CONTENTS.— 

14 (1) PROJECT REPORTS, PROPOSED PROJECT

15 STUDIES, AND PROPOSED MODIFICATIONS.— 

16 (A) CRITERIA FOR INCLUSION IN RE17 PORT.—The Secretary shall include in the an18 nual report only those project reports, proposed 

19 project studies, and proposed modifications to 

20 authorized surface water storage projects and 

21 project studies that— 

22 (i) are related to the missions and au23 thorities of the Bureau of Reclamation; 


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•HR 5412 IH

1 (ii) require specific congressional au2 thorization, including by an Act of Con3 gress; 

4 (iii) have not been congressionally au5 thorized; 

6 (iv) have not been included in any 

7 previous annual report; and 

8 (v) if authorized, could be carried out 

9 by the Bureau of Reclamation. 

10 (B) DESCRIPTION OF BENEFITS.— 

11 (i) DESCRIPTION.—The Secretary 

12 shall describe in the annual report, to the 

13 extent applicable and practicable, for each 

14 proposed project study and proposed modi15 fication to an authorized water resources 

16 development project or project study in17 cluded in the annual report, the benefits, 

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

19 study or proposed modification. 

20 (ii) BENEFITS.—The benefits (or ex21 pected benefits, in the case of a proposed 

22 project study) described in this clause are 

23 benefits to— 

24 (I) the protection of human life 

25 and property; 


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1 (II) improvement to domestic ir2 rigated water and power supplies; 

3 (III) the national economy; 

4 (IV) the environment; or 

5 (V) the national security inter6 ests of the United States. 

7 (C) IDENTIFICATION OF OTHER FAC8 TORS.—The Secretary shall identify in the an9 nual report, to the extent practicable— 

10 (i) for each proposed project study in11 cluded in the annual report, the non-Fed12 eral interest that submitted the proposed 

13 project study pursuant to subsection (b); 

14 and 

15 (ii) for each proposed project study 

16 and proposed modification to a surface 

17 water storage project or project study in18 cluded in the annual report, whether the 

19 non-Federal interest has demonstrated— 

20 (I) that local support exists for 

21 the proposed project study or pro22 posed modification to an authorized 

23 surface water storage project or 

24 project study (including the surface 

25 water storage development project 


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1 that is the subject of the proposed 

2 feasibility study or the proposed modi3 fication to an authorized project 

4 study); and 

5 (II) the financial ability to pro6 vide the required non-Federal cost 

7 share. 

8 (2) TRANSPARENCY.—The Secretary shall in9 clude in the annual report, for each project report, 

10 proposed project study, and proposed modification to 

11 a surface water storage project or project study in12 cluded under paragraph (1)(A)— 

13 (A) the name of the associated non-Fed14 eral interest, including the name of any non15 Federal interest that has contributed, or is ex16 pected to contribute, a non-Federal share of the 

17 cost of— 

18 (i) the project report; 

19 (ii) the proposed project study; 

20 (iii) the authorized project study for 

21 which the modification is proposed; or 

22 (iv) construction of— 

23 (I) the surface water storage 

24 project that is the subject of— 

25 (aa) the water report; 


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1 (bb) the proposed project 

2 study; or 

3 (cc) the authorized project 

4 study for which a modification is 

5 proposed; or 

6 (II) the proposed modification to 

7 a surface water storage development 

8 project; 

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

10 water report, proposed project study, or pro11 posed modification to an authorized surface 

12 water storage development project or project 

13 study from each associated non-Federal inter14 est; 

15 (C) the purpose of the feasibility report, 

16 proposed feasibility study, or proposed modi17 fication to an authorized surface water storage 

18 project or project study; 

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

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

21 of— 

22 (i) the proposed modification to an 

23 authorized project study; and 

24 (ii) construction of— 


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1 (I) the surface water storage de2 velopment project that is the subject 

3 of— 

4 (aa) the project report; or 

5 (bb) the authorized project 

6 study for which a modification is 

7 proposed, with respect to the 

8 change in costs resulting from 

9 such modification; or 

10 (II) the proposed modification to 

11 an authorized surface water storage 

12 development project; and 

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

14 of the monetary and nonmonetary benefits of— 

15 (i) the surface water storage develop16 ment 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 surface water storage develop24 ment project. 


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1 (3) CERTIFICATION.—The Secretary shall in2 clude in the annual report a certification stating 

3 that each feasibility report, proposed feasibility 

4 study, and proposed modification to a surface water 

5 storage project or project study included in the an6 nual report meets the criteria established in para7 graph (1)(A). 

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

9 the annual report an appendix listing the proposals 

10 submitted under subsection (b) that were not in11 cluded in the annual report under paragraph (1)(A) 

12 and a description of why the Secretary determined 

13 that those proposals did not meet the criteria for in14 clusion under such paragraph. 

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

16 Notwithstanding any other deadlines required by this sec17 tion, the Secretary shall— 

18 (1) not later than 60 days after the date of en19 actment of this Act, publish in the Federal Register 

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

21 (2) include in such notice a requirement that 

22 non-Federal interests submit to the Secretary any 

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

24 than 120 days after the date of publication of such 

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1 posals to be considered for inclusion in the first an2 nual report developed by the Secretary under this 

3 section. 

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

5 report to Congress, the Secretary shall make the annual 

6 report publicly available, including through publication on 

7 the Internet. 

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

9 report’’ means a final feasibility report developed under 

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

11 amendatory thereof or supplementary thereto. 

Æ 


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