IB 

Union Calendar No. 751 

118TH CONGRESS 

2D SESSION H. R. 215 

[Report No. 118–919] 

To provide long-term water supply and regulatory reliability to droughtstricken California, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. VALADAO (for himself, Mr. MCCARTHY, Mr. CALVERT, Mr. DUARTE, Mr. 

MIKE GARCIA of California, Mr. ISSA, Mr. KILEY, Mrs. KIM of California, Mr. LAMALFA, Mr. MCCLINTOCK, Mr. OBERNOLTE, and Mrs. 

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

DECEMBER 18, 2024 

Additional sponsor: Mr. FONG

DECEMBER 18, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 9, 2023] 


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A BILL 

To provide long-term water supply and regulatory reliability 

to drought-stricken California, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Working to Advance 

5 Tangible and Effective Reforms for California Act’’ or the 

6 ‘‘WATER for California Act’’. 

7 SEC. 2. TABLE OF CONTENTS. 

8 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—CVP AND SWP OPERATIONS 

Sec. 101. Operation of the CVP and SWP. 

Sec. 102. Operations and reviews. 

Sec. 103. Application of State laws. 

Sec. 104. Reconsultation of NOAA biological opinion and FWS biological opinion. 

Sec. 105. Sunset. 

Sec. 106. Consultation on coordinated operations. 

TITLE II—ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS 

Sec. 201. Definitions. 

Sec. 202. Allocations of water. 

Sec. 203. Protection of refuge, municipal and industrial, and other contractors. 

Sec. 204. Other contractors. 

TITLE III—INFRASTRUCTURE 

Sec. 301. Shasta reservoir enlargement project. 

Sec. 302. Water supply plan; projects. 

Sec. 303. Conservation fish hatcheries. 

Sec. 304. Storage; duration. 

Sec. 305. Shasta dam enlargement. 

TITLE IV—CVPIA ACTIONS 

Sec. 401. CVPIA restoration actions. 

TITLE V—WATER SUPPLY PERMITTING COORDINATION ACT 

Sec. 501. Short title. 

Sec. 502. Definitions. 

Sec. 503. Establishment of lead agency and cooperating agencies. 

Sec. 504. Bureau responsibilities. 


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Sec. 505. Cooperating agency responsibilities. 

Sec. 506. Funding to process permits. 

1 SEC. 3. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) CVP.—The term ‘‘CVP’’ means the Central 

4 Valley Project. 

5 (2) CVP CONTRACTOR.—The term ‘‘CVP con6 tractor’’ means any public water agency, water user 

7 organization, or person that has entered into a con8 tract with the United States for water service from 

9 the CVP, whether in the form of a water service con10 tract, repayment contract, water rights settlement 

11 contract, exchange contract, or refuge contract. 

12 (3) FWS BIOLOGICAL OPINION.—The term ‘‘FWS 

13 Biological Opinion’’ means the United States Fish 

14 and Wildlife Service ‘‘Biological Opinion for the Re15 initiation of Consultation on the Coordinated Oper16 ations of the Central Valley Project and State Water 

17 Project’’ (Service File No. 08FBTD00–2019–F–0164) 

18 signed on October 21, 2019. 

19 (4) NOAA BIOLOGICAL OPINION.—The term 

20 ‘‘NOAA Biological Opinion’’ means the National Oce21 anic and Atmospheric Administration Fisheries ‘‘Bio22 logical Opinion on the Long-term Operation of the 

23 Central Valley Project and the State Water Project’’ 


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1 (Consultation Tracking Number: WCRO–2016–00069) 

2 signed on October 21, 2019. 

3 (5) PREFERRED ALTERNATIVE.—The term ‘‘Pre4 ferred Alternative’’ means the Alternative 1 (Preferred 

5 Alternative), as described in the Final Environmental 

6 Impact Statement on the Reinitiation of Consultation 

7 on the Coordinated Long-Term Operation of the Cen8 tral Valley Project and the State Water Project, 

9 issued by the Bureau of Reclamation, and dated De10 cember 2019. 

11 (6) SWP.—The term ‘‘SWP’’ means the Cali12 fornia State Water Project. 

13 (7) SWP CONTRACTOR.—The term ‘‘SWP con14 tractor’’ means a public agency that has entered into 

15 a long-term water supply contract with the California 

16 Department of Water Resources for water service from 

17 the SWP. 

18 TITLE I—CVP AND SWP 

19 OPERATIONS 

20 SEC. 101. OPERATION OF THE CVP AND SWP. 

21 (a) CONGRESSIONAL DIRECTION REGARDING CVP AND

22 SWP OPERATIONS.—The CVP and the SWP shall be oper23 ated, and reporting shall be done, in accordance with the 

24 Preferred Alternative and FWS Biological Opinion and 

25 NOAA Biological Opinion. 


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1 (b) EXCEPTIONS.—Operation of the CVP and SWP 

2 shall proceed pursuant to subsection (a) of this section, ex3 cept: 

4 (1) to the extent changes to operations are under5 taken pursuant to one or more agreements, which are 

6 voluntarily entered into, approved, and implemented 

7 by CVP contractors, for operations of the CVP, and 

8 SWP contractors, for operations of the SWP, with all 

9 applicable Federal departments and the State of Cali10 fornia, including any agency or board of the State of 

11 California; or 

12 (2) to the extent changes in operations of the 

13 CVP, SWP, or both can be made while improving the 

14 supply of water available to CVP contractors, SWP 

15 contractors, or both. 

16 (c) COSTS.—No cost, including water supply, finan17 cial, mintigation-related, or otherwise, associated with the 

18 implementation of any agreement under subsection (b)(1) 

19 or the implementation of any reoperation under subsection 

20 (b)(2) shall be imposed by any Federal department or agen21 cy or the State of California, including any agency or board 

22 of the State of California, directly or indirectly on any CVP 

23 contractor, SWP contractor, or any other person or entity, 

24 unless such costs are incurred on a voluntary basis. 


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1 (d) NO REDIRECTED ADVERSE IMPACTS.—The Sec2 retary of the Interior and Secretary of Commerce shall not 

3 carry out any specific action authorized under the applica4 ble provisions of this title that would directly or through 

5 State agency action indirectly result in the involuntary re6 duction of water supply to an individual, district, or agen7 cy that has in effect a contract for water with the SWP 

8 or the CVP, including settlement, exchange, and refuge con9 tracts, and Friant Division contracts. 

10 (e) ENDANGERED SPECIES ACT.—Notwithstanding 

11 subsection (b), implementation of subsection (a) shall not 

12 conflict with the FWS Biological Opinion and the NOAA 

13 Biological Opinion. 

14 (f) NATIVE SPECIES PROTECTION.—The State of Cali15 fornia shall not impose any bag, catch, or size restriction 

16 or limit on the take or harvest of striped bass or any species 

17 of black bass, including largemouth bass, smallmouth bass, 

18 and spotted bass, that occupy the Sacramento-San Joaquin 

19 Rivers Delta or its tributaries. 

20 SEC. 102. OPERATIONS AND REVIEWS. 

21 In carrying out section 101(a), the Secretary of the 

22 Interior and the Secretary of Commerce shall implement 

23 their statutory authorities in a manner that improves water 

24 supply reliability and enables the CVP and SWP to provide 

25 the maximum quantity of water supplies practicable to 


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1 CVP agricultural, municipal, and industrial contractors, 

2 water service or repayment contractors, water rights settle3 ment contractors, exchange contractors, refuge contractors, 

4 and SWP contractors, in accordance with the Preferred Al5 ternative, NOAA Biological Opinion, and FWS Biological 

6 Opinion. 

7 SEC. 103. APPLICATION OF STATE LAWS. 

8 (a) REDUCED WATER SUPPLY.—If, as a result of the 

9 application of applicable State law or regulation, the State 

10 of California (including any agency or board of the State 

11 of California) alters operation of the SWP in a manner 

12 that directly or indirectly results in reduced water supply 

13 to the SWP as compared with the water supply available 

14 under the Preferred Alternative, and as a result, CVP yield 

15 is greater than it otherwise would have been under the Pre16 ferred Alternative, then that additional yield shall be made 

17 available to the SWP for delivery to SWP Contractors to 

18 offset that reduced water supply. If it is necessary to reduce 

19 water supplies for any authorized uses of the CVP or CVP 

20 Contractors to make available to the SWP that additional 

21 yield, such reductions shall be applied proportionately to 

22 those authorized uses or CVP contractors that benefit from 

23 that increased yield. 

24 (b) NO RESTRICTION OF CERTAIN WATER RIGHTS.— 

25 The State of California (including any agency or board of 


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1 the State of California) shall not restrict the exercise of any 

2 water right obtained pursuant to State law, including but 

3 not limited to a pre-1914 appropriative right or riparian 

4 right in order to offset any impact resulting from the imple5 mentation of this title on any species affected by operations 

6 of the CVP or the SWP. 

7 (c) NO INVOLUNTARY WATER REDUCTION.—The State 

8 of California (including any agency or board of the State 

9 of California), the Secretary of the Interior and Secretary 

10 of Commerce shall not take any action related to operation 

11 of the CVP or SWP that would directly or indirectly result 

12 in the involuntary reduction of water supply to any CVP 

13 agricultural, municipal and industrial contractor, water 

14 service or repayment contractor, water rights settlement 

15 contractor, exchange contractor, refuge contractor or any 

16 SWP contractor, as compared to the water supply available 

17 under the Preferred Alternative; and nothing in this section 

18 is intended to modify, amend, or affect any of the rights 

19 and obligations of the parties to such contracts. 

20 SEC. 104. RECONSULTATION OF NOAA BIOLOGICAL OPIN21 ION AND FWS BIOLOGICAL OPINION. 

22 (a) REQUIREMENT FOR RECONSULTATION.— 

23 (1) REQUIREMENT.—Unless action is taken pur24 suant to section 101(b), neither the Secretary of the 

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1 reau of Reclamation, nor the Secretary of Commerce, 

2 or their designees shall commence, complete, or request 

3 reinitiation of consultation on the coordinated long4 term operation of the Central Valley Project and the 

5 State Water Project that will result in changes to or 

6 the replacement of the documents listed in paragraph 

7 (2) unless— 

8 (A) more than 75 percent of California has 

9 experienced 4 consecutive years of D3 or D4 level 

10 drought, as defined by the U.S. Drought Monitor; 

11 (B) the Commissioner of the Bureau of Rec12 lamation identifies one specific factor or com13 bination of factors under section 402.16 of title 

14 50, Code of Federal Regulations; and 

15 (C) not fewer than 120 days before officially 

16 commencing or requesting reinitiation, the Sec17 retary of the Interior notifies the Committee on 

18 Natural Resources of the House of Representa19 tives and Committee on Energy and Natural Re20 sources of the Senate, in writing, of— 

21 (i) the intent to commence or request 

22 reinitiation under this section; and 

23 (ii) the detailed justification for the 

24 identification of the specific factor or com25 bination of factors under section 402.16 of 


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1 title 50, Code of Federal Regulations, that 

2 was identified to satisfy the requirement in 

3 subparagraph (B). 

4 (2) DOCUMENTS.—The documents referred to in 

5 paragraph (1) are the following: 

6 (A) The FWS Biological Opinion. 

7 (B) The NOAA Biological Opinion. 

8 (C) The Record of Decision for the Reiniti9 ation of Consultation on the Coordinated Long10 Term Modified Operations of the Central Valley 

11 Project and State Water Project, signed on Feb12 ruary 18, 2020. 

13 (b) APPLICABLE PROCEDURES AND REVIEW.—For the 

14 purposes of this Act, before reinitiating consultation on the 

15 Long-Term Operation of the CVP and SWP, a request by 

16 the Secretary of the Interior, the Secretary of the Commerce, 

17 or any other Federal employee, to reinitiate consultation 

18 shall be made in writing and considered a rule under sec19 tion 551 of title 5, United States Code, and subject to the 

20 requirements of sections 801 through 808 of that title. 

21 (c) COOPERATION.—In implementing this section, the 

22 Secretary of the Interior and the Secretary of Commerce 

23 shall comply with requirements included in section 4004 

24 of the Water Infrastructure Improvements for the Nation 

25 Act (Public Law 114–322). 


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1 (d) EXCLUSION.—Notwithstanding subsection (b), in 

2 implementing this section, section 801(b)(2) of title 5, 

3 United States Code, shall not apply. 

4 SEC. 105. SUNSET. 

5 Sections 101 through 104 shall have no force or effect 

6 on and after the date that is 7 years after the date of the 

7 enactment of this Act. 

8 SEC. 106. CONSULTATION ON COORDINATED OPERATIONS. 

9 The Water Infrastructure Improvements for the Nation 

10 Act (Public Law 114–322) is amended— 

11 (1) in section 4004(a)— 

12 (A) in the matter preceding paragraph (1), 

13 strike ‘‘public water agency that contracts’’ and 

14 insert ‘‘contractor’’; 

15 (B) in paragraph (1), by inserting ‘‘or pro16 posed action’’ before the semicolon; 

17 (C) in paragraph (2), by inserting ‘‘or pro18 posed action’’ before the semicolon; 

19 (D) by redesignating paragraphs (3) 

20 through (6) as paragraphs (4) through (7), re21 spectively; 

22 (E) after paragraph (2), by inserting the 

23 following new paragraph: 

24 ‘‘(3) receive a copy of the draft proposed action 

25 and have the opportunity to review that document 


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1 and provide comment to the action agency, which 

2 comments shall be afforded due consideration during 

3 development;’’; and 

4 (F) in paragraph (7), as redesignated by 

5 subparagraph (C) of this paragraph— 

6 (i) in the matter preceding subpara7 graph (A), by inserting ‘‘action agency pro8 poses a proposed action or’’ before ‘‘the con9 sulting agency’’; 

10 (ii) in subparagraph (A), by inserting 

11 ‘‘proposed action or’’ before ‘‘alternative 

12 will’’; and 

13 (iii) in subparagraph (B), by striking 

14 ‘‘alternative actions’’ and insert ‘‘actions or 

15 alternatives’’; and 

16 (2) in section 4013, by deleting ‘‘section 4004, 

17 which shall expire 10 years after the date of its enact18 ment;’’ and inserting ‘‘section 4004, which shall ex19 pire on December 16, 2033;’’. 

20 TITLE II—ALLOCATIONS FOR 

21 SACRAMENTO VALLEY CON22 TRACTORS 

23 SEC. 201. DEFINITIONS. 

24 In this title, the following definitions apply: 


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1 (1) The term ‘‘existing CVP agricultural water 

2 service or repayment contractor within the Sac3 ramento River Watershed’’ means any water service 

4 or repayment contractor within the Shasta, Trinity, 

5 or Sacramento River division of the CVP that has in 

6 effect a water service or repayment contract on the 

7 date of enactment of this title that provides water for 

8 irrigation. 

9 (2) The terms ‘‘Above Normal’’, ‘‘Below Normal’’, 

10 ‘‘Dry’’, and ‘‘Wet’’, with respect to a year, have the 

11 meanings given those terms in the Sacramento Valley 

12 Water Year Type (40–30–30) Index. 

13 SEC. 202. ALLOCATIONS OF WATER. 

14 Subject to section 203, the Secretary of the Interior 

15 shall make every reasonable effort in the operation of the 

16 CVP to allocate water provided for irrigation purposes to 

17 each existing CVP agricultural water service contractor 

18 within the Sacramento River Watershed in accordance with 

19 the following: 

20 (1) Not less than 100 percent of the contract 

21 quantity of the existing CVP agricultural water serv22 ice contractor within the Sacramento River Water23 shed in a Wet year. 

24 (2) Not less than 100 percent of the contract 

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1 ice contractor within the Sacramento River Water2 shed in an Above Normal year. 

3 (3) Not less than 100 percent of the contract 

4 quantity of the existing CVP agricultural water serv5 ice contractor within the Sacramento River Water6 shed in a Below Normal year that is preceded by an 

7 Above Normal or Wet year. 

8 (4) Not less than 50 percent of the contract 

9 quantity of the existing CVP agricultural water serv10 ice contractor within the Sacramento River Water11 shed in a Dry year that is preceded by a Below Nor12 mal, Above Normal, or Wet year. 

13 (5) In any other year not identified in any sub14 sections (a) through (d), not less than twice the allo15 cation percentage to south-of-Delta CVP agricultural 

16 water service contractors, up to 100 percent. 

17 SEC. 203. PROTECTION OF REFUGE, MUNICIPAL AND INDUS18 TRIAL, AND OTHER CONTRACTORS. 

19 Nothing in section 202 shall— 

20 (1) adversely affect any protections for the envi21 ronment, including the obligation of the Secretary of 

22 the Interior to make water available to managed wet23 lands pursuant to section 3406(d) of the Central Val24 ley Project Improvement Act (title XXXIV of Public 

25 Law 102–575; 106 Stat. 4722); 


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1 (2) adversely affect any obligation of the Sec2 retary of the Interior or the Secretary of Commerce 

3 under the FWS Biological Opinion or the NOAA Bio4 logical Opinion; 

5 (3) modify any provision of a water service con6 tract that addresses municipal or industrial water 

7 shortage policies of the Secretary of the Interior; 

8 (4) affect or limit the authority of the Secretary 

9 of the Interior to adopt or modify municipal and in10 dustrial water shortage policies; 

11 (5) constrain, govern, or affect, directly or indi12 rectly, the operations of the American River division 

13 of the CVP or any deliveries from that division or a 

14 unit or facility of that division; or 

15 (6) affect any allocation to a CVP municipal or 

16 industrial water service contractor by increasing or 

17 decreasing allocations to the contractor, as compared 

18 to the allocation the contractor would have received 

19 absent section 202. 

20 SEC. 204. OTHER CONTRACTORS. 

21 Nothing in section 202 shall— 

22 (1) affect the priority of any individual or entity 

23 with a Sacramento River settlement contract over 

24 water service or repayment contractors; 


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1 (2) affect the United States ability to deliver 

2 water to the San Joaquin River exchange contractors 

3 from the Sacramento River and the Delta via the 

4 Delta-Mendota Canal or modify or amend the rights 

5 and obligations under the Purchase Contract between 

6 Miller and Lux and the United States and the Second 

7 Amended Exchange Contract between the United 

8 States, Department of the Interior, Bureau of Rec9 lamation and Central California Irrigation District, 

10 San Luis Canal Company, Firebaugh Canal Water 

11 District and Columbia Canal Company; 

12 (3) affect the allocation of water to Friant divi13 sion contractors of the CVP; 

14 (4) result in the involuntary reduction in con15 tract water allocations to individuals or entities with 

16 contracts to receive water from the Friant division; 

17 (5) result in the involuntary reduction in water 

18 allocations to refuge contractors; or 

19 (6) authorize any actions inconsistent with State 

20 water rights law. 

21 TITLE III—INFRASTRUCTURE 

22 SEC. 301. SHASTA RESERVOIR ENLARGEMENT PROJECT. 

23 Section 40902(a)(2) of the Infrastructure Investment 

24 and Jobs Act (Public Law 117–58) is amended— 

25 (1) in subparagraph (B)— 


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1 (A) in the matter preceding clause (i), by 

2 striking ‘‘this Act, except for any project for 

3 which—’’ and inserting ‘‘this Act; or’’; and 

4 (B) by striking clauses (i) and (ii); and 

5 (2) in subparagraph (C), by striking ‘‘(except 

6 that projects described in clauses (i) and (ii) of sub7 paragraph (B) shall not be eligible)’’. 

8 SEC. 302. WATER SUPPLY PLAN; PROJECTS. 

9 (a) PLAN.—Not later than 180 days after the date of 

10 the enactment of this Act, the Commissioner of the Bureau 

11 of Reclamation shall develop a water deficit report, which 

12 shall identify— 

13 (1) projected water supply shortages in the State 

14 of California for irrigation water service, municipal 

15 and industrial water service, water supply for wild16 life refuges supplied by the CVP or the SWP; and 

17 (2) infrastructure projects or actions which, if 

18 taken, would— 

19 (A) significantly reduce or eliminate the 

20 projected water supply shortage; or 

21 (B) fulfill water allocations consistent with 

22 agricultural, municipal and industrial contrac23 tors, water service or repayment contractors, 

24 water rights settlement contractors, exchange 


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1 contractors, and SWP contractors with water de2 livery contractors on the CVP and SWP. 

3 (b) REPORT TO CONGRESS.—The Commissioner of the 

4 Bureau of Reclamation shall provide a report described in 

5 subsection (a) to the House Committee on Natural Re6 sources and the Senate Committee on Energy and Natural 

7 Resources upon its completion. 

8 SEC. 303. CONSERVATION FISH HATCHERIES. 

9 Section 4010(b)(5) of the Water Infrastructure Im10 provements for the Nation Act (Public Law 114–322) is 

11 amended by adding at the end the following: 

12 ‘‘(D) SEMI-ANNUAL REPORT.—The Sec13 retary of the Interior and the Secretary of Com14 merce shall submit to the Committee on Natural 

15 Resources of the House of Representatives and 

16 Committee on Energy and Natural Resources of 

17 the Senate semi-annual reports that detail ac18 tivities carried out under this paragraph.’’. 

19 SEC. 304. STORAGE; DURATION. 

20 (a) STORAGE.—Section 4007 of the Water Infrastruc21 ture Improvements for the Nation Act (Public Law 114– 

22 322) is amended— 

23 (1) in subsection (b)(1), by striking ‘‘or any pub24 lic agency organized pursuant to State law’’ and inVerDate Sep 11 2014 06:30 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H215.RH H215

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1 serting ‘‘any public agency organized pursuant to 

2 State law, or any stakeholder’’; and 

3 (2) in subsection (i), by striking ‘‘January 1, 

4 2021’’ and inserting ‘‘January 1, 2028’’. 

5 (b) DURATION.—Section 4013 of the Water Infrastruc6 ture Improvements for the Nation Act (Public Law 114– 

7 322) is amended— 

8 (1) in paragraph (1), by striking ‘‘and’’; 

9 (2) by redesignating paragraph (2) as para10 graph (3); and 

11 (3) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) section 4007, which (except as provided in 

14 paragraph (3)), shall expire on December 31, 2028; 

15 and’’. 

16 SEC. 305. SHASTA DAM ENLARGEMENT. 

17 (a) FUNDING.—In accordance with section 4007 of the 

18 Water Infrastructure Improvements for the Nation Act 

19 (Public Law 114–322), and as recommended by the Sec20 retary in letters dated February 13, 2019; June 22, 2020; 

21 and December 3, 2020; funds made available in the Water 

22 and Related Resources account for the Bureau of Reclama23 tion in Acts of appropriation for fiscal years 2017, 2018, 

24 2019, 2020, and 2021 shall be made available to the Shasta 

25 Dam and Reservoir Enlargement Project. 


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1 (b) CLARIFICATION.—No provision of State law shall 

2 preclude or otherwise prevent any public water agency, in3 cluding a public agency of the State, that contracts for the 

4 delivery of CVP water from assisting or cooperating with, 

5 whether by loan, grant, license, or otherwise, the planning 

6 and construction of any project undertaken by the Bureau 

7 of Reclamation to enlarge Shasta Dam. 

8 TITLE IV—CVPIA ACTIONS 

9 SEC. 401. CVPIA RESTORATION ACTIONS. 

10 (a) REFUGE WATER SUPPLY PROGRAM.—Not later 

11 than 2 years after the date of enactment of this Act, the 

12 Secretary of the Interior shall complete the refuge water 

13 supply program under section 3406(d) of the Central Valley 

14 Project Improvement Act (title XXXIV of Public Law 102– 

15 575; 106 Stat. 4722) and shall, within that 2-year period, 

16 give priority to completing the refuge water supply pro17 gram when making funding decisions from the Central Val18 ley Project Restoration Fund established under section 3407 

19 of the Central Valley Project Improvement Act (106 Stat. 

20 4726), the Infrastructure Investment and Jobs Act (Public 

21 Law 117–25), the Land and Water Conservation Fund Act 

22 (Public Law 88–578), and other sources of funding. 

23 (b) RESTORATION ACTIONS DEEMED COMPLETE.— 

24 Upon completion of the refuge water supply program pur25 suant to subsection (a), or September 30, 2025, whichever 


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1 occurs first, the Secretary of the Interior shall deem com2 plete the fish, wildlife, and habitat mitigation and restora3 tion actions mandated under section 3406 of the Central 

4 Valley Project Improvement Act (title XXXIV of Public Law 

5 102–575; 106 Stat. 4714). 

6 TITLE V—WATER SUPPLY PER7 MITTING COORDINATION ACT 

8 SEC. 501. SHORT TITLE. 

9 This title may be cited as the ‘‘Water Supply Permit10 ting Coordination Act’’. 

11 SEC. 502. DEFINITIONS. 

12 In this title: 

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

14 Bureau of Reclamation. 

15 (2) COOPERATING AGENCIES.—The term ‘‘cooper16 ating agency’’ means a Federal agency with jurisdic17 tion over a review, analysis, opinion, statement, per18 mit, license, or other approval or decision required for 

19 a qualifying project under applicable Federal laws 

20 and regulations, or a State agency subject to section 

21 503(c). 

22 (3) QUALIFYING PROJECTS.—The term ‘‘quali23 fying projects’’ means new surface water storage 

24 projects in the States covered under the Act of June 

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1 plemental to and amendatory of that Act (43 U.S.C. 

2 371 et seq.) constructed on lands administered by the 

3 Department of the Interior or the Department of Ag4 riculture, exclusive of any easement, right-of-way, 

5 lease, or any private holding, if the project applicant 

6 or sponsor elects to participate in the process author7 ized by this title. Such term shall also include State8 led projects (as defined in section 4007(a)(2) of the 

9 WIIN Act) for new surface water storage projects in 

10 the States covered under the Act of June 17, 1902 (32 

11 Stat. 388, chapter 1093), and Acts supplemental to 

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

13 constructed on lands administered by the Department 

14 of the Interior or the Department of Agriculture, ex15 clusive of any easement, right-of-way, lease, or any 

16 private holding, unless the project applicant elects not 

17 to participate in the process authorized by this title. 

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

19 the Secretary of the Interior. 

20 SEC. 503. ESTABLISHMENT OF LEAD AGENCY AND COOPER21 ATING AGENCIES. 

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

23 is established as the lead agency for purposes of coordi24 nating all reviews, analyses, opinions, statements, permits, 


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1 licenses, or other approvals or decisions required under Fed2 eral law to construct qualifying projects. 

3 (b) IDENTIFICATION AND ESTABLISHMENT OF CO4 OPERATING AGENCIES.—The Commissioner of the Bureau 

5 shall— 

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

7 of an application for a qualifying project, any Fed8 eral agency that may have jurisdiction over a review, 

9 analysis, opinion, statement, permit, license, ap10 proval, or decision required for a qualifying project 

11 under applicable Federal laws and regulations; and 

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

13 timeframe, that the agency has been designated as a 

14 cooperating agency in regards to the qualifying 

15 project unless that agency responds to the Bureau in 

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

17 notifying the Bureau that the agency— 

18 (A) has no jurisdiction or authority with 

19 respect to the qualifying project; 

20 (B) has no expertise or information relevant 

21 to the qualifying project or any review, analysis, 

22 opinion, statement, permit, license, or other ap23 proval or decision associated therewith; or 

24 (C) does not intend to submit comments on 

25 the qualifying project or conduct any review of 


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1 such a project or make any decision with respect 

2 to such project in a manner other than in co3 operation with the Bureau. 

4 (c) STATE AUTHORITY.—A State in which a quali5 fying project is being considered may choose, consistent 

6 with State law— 

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

8 (2) to make subject to the processes of this title 

9 all State agencies that— 

10 (A) have jurisdiction over the qualifying 

11 project; 

12 (B) are required to conduct or issue a re13 view, analysis, or opinion for the qualifying 

14 project; or 

15 (C) are required to make a determination 

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

17 qualifying project. 

18 SEC. 504. BUREAU RESPONSIBILITIES. 

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

20 Bureau under this title are— 

21 (1) to serve as the point of contact for appli22 cants, State agencies, Indian Tribes, and others re23 garding proposed qualifying projects; 

24 (2) to coordinate preparation of unified environ25 mental documentation that will serve as the basis for 


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1 all Federal decisions necessary to authorize the use of 

2 Federal lands for qualifying projects; and 

3 (3) to coordinate all Federal agency reviews nec4 essary for project development and construction of 

5 qualifying projects. 

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

7 the following coordination responsibilities: 

8 (1) PREAPPLICATION COORDINATION.—Notify co9 operating agencies of proposed qualifying projects not 

10 later than 30 days after receipt of a proposal and fa11 cilitate a preapplication meeting for prospective ap12 plicants, relevant Federal and State agencies, and In13 dian Tribes— 

14 (A) to explain applicable processes, data re15 quirements, and applicant submissions necessary 

16 to complete the required Federal agency reviews 

17 within the timeframe established; and 

18 (B) to establish the schedule for the quali19 fying project. 

20 (2) CONSULTATION WITH COOPERATING AGEN21 CIES.—Consult with the cooperating agencies through22 out the Federal agency review process, identify and 

23 obtain relevant data in a timely manner, and set nec24 essary deadlines for cooperating agencies. 


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1 (3) SCHEDULE.—Work with the qualifying 

2 project applicant and cooperating agencies to estab3 lish a project schedule. In establishing the schedule, 

4 the Bureau shall consider, among other factors— 

5 (A) the responsibilities of cooperating agen6 cies under applicable laws and regulations; 

7 (B) the resources available to the cooper8 ating agencies and the non-Federal qualifying 

9 project sponsor, as applicable; 

10 (C) the overall size and complexity of the 

11 qualifying project; 

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

13 qualifying project; and 

14 (E) the sensitivity of the natural and his15 toric resources that may be affected by the quali16 fying project. 

17 (4) ENVIRONMENTAL COMPLIANCE.—Prepare a 

18 unified environmental review document for each 

19 qualifying project application, incorporating a single 

20 environmental record on which all cooperating agen21 cies with authority to issue approvals for a given 

22 qualifying project shall base project approval deci23 sions. Help ensure that cooperating agencies make 

24 necessary decisions, within their respective authoriVerDate Sep 11 2014 06:30 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\H215.RH H215

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1 ties, regarding Federal approvals in accordance with 

2 the following timelines: 

3 (A) Not later than 1 year after acceptance 

4 of a completed project application when an envi5 ronmental assessment and finding of no signifi6 cant impact is determined to be the appropriate 

7 level of review under the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4321 et 

9 seq.). 

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

11 the close of the public comment period for a draft 

12 environmental impact statement under the Na13 tional Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.), when an environmental im15 pact statement is required under the same. 

16 (5) CONSOLIDATED ADMINISTRATIVE RECORD.— 

17 Maintain a consolidated administrative record of the 

18 information assembled and used by the cooperating 

19 agencies as the basis for agency decisions. 

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

21 practicable and consistent with Federal law, ensure 

22 that all project data is submitted and maintained in 

23 generally accessible electronic format, compile, and 

24 where authorized under existing law, make available 


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1 such project data to cooperating agencies, the quali2 fying project applicant, and to the public. 

3 (7) PROJECT MANAGER.—Appoint a project 

4 manager for each qualifying project. The project man5 ager shall have authority to oversee the project and to 

6 facilitate the issuance of the relevant final authorizing 

7 documents, and shall be responsible for ensuring ful8 fillment of all Bureau responsibilities set forth in this 

9 section and all cooperating agency responsibilities 

10 under section 505. 

11 SEC. 505. COOPERATING AGENCY RESPONSIBILITIES. 

12 (a) ADHERENCE TO BUREAU SCHEDULE.— 

13 (1) TIMEFRAMES.—On notification of an appli14 cation for a qualifying project, the head of each co15 operating agency shall submit to the Bureau a time16 frame under which the cooperating agency reasonably 

17 will be able to complete the authorizing responsibil18 ities of the cooperating agency. 

19 (2) SCHEDULE.— 

20 (A) USE OF TIMEFRAMES.—The Bureau 

21 shall use the timeframes submitted under this 

22 subsection to establish the project schedule under 

23 section 504. 


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1 (B) ADHERENCE.—Each cooperating agen2 cy shall adhere to the project schedule established 

3 by the Bureau under subparagraph (A). 

4 (b) ENVIRONMENTAL RECORD.—The head of each co5 operating agency shall submit to the Bureau all environ6 mental review material produced or compiled in the course 

7 of carrying out activities required under Federal law, con8 sistent with the project schedule established by the Bureau 

9 under subsection (a)(2). 

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

11 consistent with Federal law, the head of each cooperating 

12 agency shall submit all relevant project data to the Bureau 

13 in a generally accessible electronic format, subject to the 

14 project schedule established by the Bureau under subsection 

15 (a)(2). 

16 SEC. 506. FUNDING TO PROCESS PERMITS. 

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

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

19 7, of title 5, United States Code (commonly known as the 

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

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

22 the evaluation of a permit of that entity related to a quali23 fying project. 

24 (b) EFFECT ON PERMITTING.— 


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

2 this section, the Secretary shall ensure that the eval3 uation of permits carried out using funds accepted 

4 under this section shall— 

5 (A) be reviewed by the Regional Director of 

6 the Bureau of the region in which the qualifying 

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

8 (B) use the same procedures for decisions 

9 that would otherwise be required for the evalua10 tion of permits for similar projects or activities 

11 not carried out using funds authorized under 

12 this section. 

13 (2) IMPARTIAL DECISION MAKING.—In carrying 

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

15 cooperating agency receiving funds under this section 

16 for a qualifying project shall ensure that the use of 

17 the funds accepted under this section for the quali18 fying project shall not— 

19 (A) substantively or procedurally impact 

20 impartial decision making with respect to the 

21 issuance of permits; or 

22 (B) diminish, modify, or otherwise affect 

23 the statutory or regulatory authorities of the co24 operating agency. 


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

2 accepted under this section shall be used to carry out a re3 view of the evaluation of permits required under subsection 

4 (b)(1)(A). 

5 (d) PUBLIC AVAILABILITY.—The Secretary shall en6 sure that all final permit decisions carried out using funds 

7 authorized under this section are made available to the pub8 lic, including on the internet. 


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Union Calendar No. 751 

118TH CONGRESS 

2D SESSION H. R. 215 

[Report No. 118–919] 

A BILL 

To provide long-term water supply and regulatory 

other purposes. reliability to drought-stricken California, and for 

DECEMBER 18, 2024 

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


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