I 

118TH CONGRESS 

1ST SESSION H. R. 186 

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

permitting processes related to the construction of new surface water 

storage projects on lands under the jurisdiction of the Secretary of 

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

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. MCCLINTOCK (for himself, Mr. LAMALFA, Mr. STAUBER, and Mr. 

VALADAO) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To authorize the Secretary of the Interior to coordinate 

Federal and State permitting processes related to the 

construction of new surface water storage projects on 

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

the Bureau of Reclamation as the lead agency for permit 

processing, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Water Supply Permit3 ting Coordination Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 Bureau of Reclamation. 

8 (2) COOPERATING AGENCIES.—The term ‘‘co9 operating agency’’ means a Federal agency with ju10 risdiction over a review, analysis, opinion, statement, 

11 permit, license, or other approval or decision re12 quired for a qualifying project under applicable Fed13 eral laws and regulations, or a State agency subject 

14 to section 3(c). 

15 (3) QUALIFYING PROJECTS.—The term ‘‘quali16 fying projects’’ means new surface water storage 

17 projects in the States covered under the Act of June 

18 17, 1902 (32 Stat. 388, chapter 1093), and Acts 

19 supplemental to and amendatory of that Act (43 

20 U.S.C. 371 et seq.) constructed on lands adminis21 tered by the Department of the Interior or the De22 partment of Agriculture, exclusive of any easement, 

23 right-of-way, lease, or any private holding, unless the 

24 project applicant elects not to participate in the 

25 process authorized by this Act. Such term shall also 

26 include State-led projects (as defined in section 


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1 4007(a)(2) of the WIIN Act) for new surface water 

2 storage projects in the States covered under the Act 

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

4 Acts supplemental to and amendatory of that Act 

5 (43 U.S.C. 371 et seq.) constructed on lands admin6 istered by the Department of the Interior or the De7 partment of Agriculture, exclusive of any easement, 

8 right-of-way, lease, or any private holding, unless the 

9 project applicant elects not to participate in the 

10 process authorized by this Act. 

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

12 the Secretary of the Interior. 

13 SEC. 3. ESTABLISHMENT OF LEAD AGENCY AND COOPER14 ATING AGENCIES. 

15 (a) ESTABLISHMENT OF LEAD AGENCY.—The Bu16 reau is established as the lead agency for purposes of co17 ordinating all reviews, analyses, opinions, statements, per18 mits, licenses, or other approvals or decisions required 

19 under Federal law to construct qualifying projects. 

20 (b) IDENTIFICATION AND ESTABLISHMENT OF CO21 OPERATING AGENCIES.—The Commissioner of the Bureau 

22 shall— 

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

24 of an application for a qualifying project, any Fed25 eral agency that may have jurisdiction over a review, 


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1 analysis, opinion, statement, permit, license, ap2 proval, or decision required for a qualifying project 

3 under applicable Federal laws and regulations; and 

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

5 timeframe, that the agency has been designated as 

6 a cooperating agency in regards to the qualifying 

7 project unless that agency responds to the Bureau in 

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

9 notifying the Bureau that the agency— 

10 (A) has no jurisdiction or authority with 

11 respect to the qualifying project; 

12 (B) has no expertise or information rel13 evant to the qualifying project or any review, 

14 analysis, opinion, statement, permit, license, or 

15 other approval or decision associated therewith; 

16 or 

17 (C) does not intend to submit comments 

18 on the qualifying project or conduct any review 

19 of such a project or make any decision with re20 spect to such project in a manner other than in 

21 cooperation with the Bureau. 

22 (c) STATE AUTHORITY.—A State in which a quali23 fying project is being considered may choose, consistent 

24 with State law— 

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


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

2 all State agencies that— 

3 (A) have jurisdiction over the qualifying 

4 project; 

5 (B) are required to conduct or issue a re6 view, analysis, or opinion for the qualifying 

7 project; or 

8 (C) are required to make a determination 

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

10 qualifying project. 

11 SEC. 4. BUREAU RESPONSIBILITIES. 

12 (a) IN GENERAL.—The principal responsibilities of 

13 the Bureau under this Act are— 

14 (1) to serve as the point of contact for appli15 cants, State agencies, Indian tribes, and others re16 garding proposed qualifying projects; 

17 (2) to coordinate preparation of unified environ18 mental documentation that will serve as the basis for 

19 all Federal decisions necessary to authorize the use 

20 of Federal lands for qualifying projects; and 

21 (3) to coordinate all Federal agency reviews 

22 necessary for project development and construction 

23 of qualifying projects. 

24 (b) COORDINATION PROCESS.—The Bureau shall 

25 have the following coordination responsibilities: 


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1 (1) PREAPPLICATION COORDINATION.—Notify 

2 cooperating agencies of proposed qualifying projects 

3 not later than 30 days after receipt of a proposal 

4 and facilitate a preapplication meeting for prospec5 tive applicants, relevant Federal and State agencies, 

6 and Indian tribes— 

7 (A) to explain applicable processes, data 

8 requirements, and applicant submissions nec9 essary to complete the required Federal agency 

10 reviews within the timeframe established; and 

11 (B) to establish the schedule for the quali12 fying project. 

13 (2) CONSULTATION WITH COOPERATING AGEN14 CIES.—Consult with the cooperating agencies 

15 throughout the Federal agency review process, iden16 tify and obtain relevant data in a timely manner, 

17 and set necessary deadlines for cooperating agencies. 

18 (3) SCHEDULE.—Work with the qualifying 

19 project applicant and cooperating agencies to estab20 lish a project schedule. In establishing the schedule, 

21 the Bureau shall consider, among other factors— 

22 (A) the responsibilities of cooperating 

23 agencies under applicable laws and regulations; 


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1 (B) the resources available to the cooper2 ating agencies and the non-Federal qualifying 

3 project sponsor, as applicable; 

4 (C) the overall size and complexity of the 

5 qualifying project; 

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

7 qualifying project; and 

8 (E) the sensitivity of the natural and his9 toric resources that may be affected by the 

10 qualifying project. 

11 (4) ENVIRONMENTAL COMPLIANCE.—Prepare a 

12 unified environmental review document for each 

13 qualifying project application, incorporating a single 

14 environmental record on which all cooperating agen15 cies with authority to issue approvals for a given 

16 qualifying project shall base project approval deci17 sions. Help ensure that cooperating agencies make 

18 necessary decisions, within their respective authori19 ties, regarding Federal approvals in accordance with 

20 the following timelines: 

21 (A) Not later than 1 year after acceptance 

22 of a completed project application when an en23 vironmental assessment and finding of no sig24 nificant impact is determined to be the appro25 priate level of review under the National EnviVerDate Sep 11 2014 00:37 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H186.IH H186

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1 ronmental Policy Act of 1969 (42 U.S.C. 4321 

2 et seq.). 

3 (B) Not later than 1 year and 30 days 

4 after the close of the public comment period for 

5 a draft environmental impact statement under 

6 the National Environmental Policy Act of 1969 

7 (42 U.S.C. 4321 et seq.), when an environ8 mental impact statement is required under the 

9 same. 

10 (5) CONSOLIDATED ADMINISTRATIVE

11 RECORD.—Maintain a consolidated administrative 

12 record of the information assembled and used by the 

13 cooperating agencies as the basis for agency deci14 sions. 

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

16 practicable and consistent with Federal law, ensure 

17 that all project data is submitted and maintained in 

18 generally accessible electronic format, compile, and 

19 where authorized under existing law, make available 

20 such project data to cooperating agencies, the quali21 fying project applicant, and to the public. 

22 (7) PROJECT MANAGER.—Appoint a project 

23 manager for each qualifying project. The project 

24 manager shall have authority to oversee the project 

25 and to facilitate the issuance of the relevant final 


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1 authorizing documents, and shall be responsible for 

2 ensuring fulfillment of all Bureau responsibilities set 

3 forth in this section and all cooperating agency re4 sponsibilities under section 5. 

5 SEC. 5. COOPERATING AGENCY RESPONSIBILITIES. 

6 (a) ADHERENCE TO BUREAU SCHEDULE.— 

7 (1) TIMEFRAMES.—On notification of an appli8 cation for a qualifying project, the head of each co9 operating agency shall submit to the Bureau a time10 frame under which the cooperating agency reason11 ably will be able to complete the authorizing respon12 sibilities of the cooperating agency. 

13 (2) SCHEDULE.— 

14 (A) USE OF TIMEFRAMES.—The Bureau 

15 shall use the timeframes submitted under this 

16 subsection to establish the project schedule 

17 under section 4. 

18 (B) ADHERENCE.—Each cooperating agen19 cy shall adhere to the project schedule estab20 lished by the Bureau under subparagraph (A). 

21 (b) ENVIRONMENTAL RECORD.—The head of each 

22 cooperating agency shall submit to the Bureau all environ23 mental review material produced or compiled in the course 

24 of carrying out activities required under Federal law, conVerDate Sep 11 2014 00:37 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H186.IH H186

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1 sistent with the project schedule established by the Bureau 

2 under subsection (a)(2). 

3 (c) DATA SUBMISSION.—To the extent practicable 

4 and consistent with Federal law, the head of each cooper5 ating agency shall submit all relevant project data to the 

6 Bureau in a generally accessible electronic format, subject 

7 to the project schedule established by the Bureau under 

8 subsection (a)(2). 

9 SEC. 6. FUNDING TO PROCESS PERMITS. 

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

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

12 7, of title 5, United States Code (commonly known as the 

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

14 funds contributed by a non-Federal public entity to expe15 dite the evaluation of a permit of that entity related to 

16 a qualifying project. 

17 (b) EFFECT ON PERMITTING.— 

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

19 this section, the Secretary shall ensure that the eval20 uation of permits carried out using funds accepted 

21 under this section shall— 

22 (A) be reviewed by the Regional Director 

23 of the Bureau of the region in which the quali24 fying project or activity is located (or a des25 ignee); and 


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1 (B) use the same procedures for decisions 

2 that would otherwise be required for the evalua3 tion of permits for similar projects or activities 

4 not carried out using funds authorized under 

5 this section. 

6 (2) IMPARTIAL DECISION MAKING.—In carrying 

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

8 cooperating agency receiving funds under this sec9 tion for a qualifying project shall ensure that the use 

10 of the funds accepted under this section for the 

11 qualifying project shall not— 

12 (A) substantively or procedurally impact 

13 impartial decision making with respect to the 

14 issuance of permits; or 

15 (B) diminish, modify, or otherwise affect 

16 the statutory or regulatory authorities of the 

17 cooperating agency. 

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

19 funds accepted under this section shall be used to carry 

20 out a review of the evaluation of permits required under 

21 subsection (b)(1)(A). 

22 (d) PUBLIC AVAILABILITY.—The Secretary shall en23 sure that all final permit decisions carried out using funds 


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1 authorized under this section are made available to the 

2 public, including on the internet. 

Æ 


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