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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 215 Reported in House (RH)]

<DOC>

                                                 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 
          drought-stricken 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]

_______________________________________________________________________

                                 A BILL

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

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Working to Advance Tangible and 
Effective Reforms for California Act'' or the ``WATER for California 
Act''.

SEC. 2. TABLE OF CONTENTS.

    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.
Sec. 505. Cooperating agency responsibilities.
Sec. 506. Funding to process permits.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Cvp.--The term ``CVP'' means the Central Valley 
        Project.
            (2) Cvp contractor.--The term ``CVP contractor'' means any 
        public water agency, water user organization, or person that 
        has entered into a contract with the United States for water 
        service from the CVP, whether in the form of a water service 
        contract, repayment contract, water rights settlement contract, 
        exchange contract, or refuge contract.
            (3) Fws biological opinion.--The term ``FWS Biological 
        Opinion'' means the United States Fish and Wildlife Service 
        ``Biological Opinion for the Reinitiation of Consultation on 
        the Coordinated Operations of the Central Valley Project and 
        State Water Project'' (Service File No. 08FBTD00-2019-F-0164) 
        signed on October 21, 2019.
            (4) Noaa biological opinion.--The term ``NOAA Biological 
        Opinion'' means the National Oceanic and Atmospheric 
        Administration Fisheries ``Biological Opinion on the Long-term 
        Operation of the Central Valley Project and the State Water 
        Project'' (Consultation Tracking Number: WCRO-2016-00069) 
        signed on October 21, 2019.
            (5) Preferred alternative.--The term ``Preferred 
        Alternative'' means the Alternative 1 (Preferred Alternative), 
        as described in the Final Environmental Impact Statement on the 
        Reinitiation of Consultation on the Coordinated Long-Term 
        Operation of the Central Valley Project and the State Water 
        Project, issued by the Bureau of Reclamation, and dated 
        December 2019.
            (6) Swp.--The term ``SWP'' means the California State Water 
        Project.
            (7) Swp contractor.--The term ``SWP contractor'' means a 
        public agency that has entered into a long-term water supply 
        contract with the California Department of Water Resources for 
        water service from the SWP.

                    TITLE I--CVP AND SWP OPERATIONS

SEC. 101. OPERATION OF THE CVP AND SWP.

    (a) Congressional Direction Regarding Cvp and Swp Operations.--The 
CVP and the SWP shall be operated, and reporting shall be done, in 
accordance with the Preferred Alternative and FWS Biological Opinion 
and NOAA Biological Opinion.
    (b) Exceptions.--Operation of the CVP and SWP shall proceed 
pursuant to subsection (a) of this section, except:
            (1) to the extent changes to operations are undertaken 
        pursuant to one or more agreements, which are voluntarily 
        entered into, approved, and implemented by CVP contractors, for 
        operations of the CVP, and SWP contractors, for operations of 
        the SWP, with all applicable Federal departments and the State 
        of California, including any agency or board of the State of 
        California; or
            (2) to the extent changes in operations of the CVP, SWP, or 
        both can be made while improving the supply of water available 
        to CVP contractors, SWP contractors, or both.
    (c) Costs.--No cost, including water supply, financial, 
mintigation-related, or otherwise, associated with the implementation 
of any agreement under subsection (b)(1) or the implementation of any 
reoperation under subsection (b)(2) shall be imposed by any Federal 
department or agency or the State of California, including any agency 
or board of the State of California, directly or indirectly on any CVP 
contractor, SWP contractor, or any other person or entity, unless such 
costs are incurred on a voluntary basis.
    (d) No Redirected Adverse Impacts.--The Secretary of the Interior 
and Secretary of Commerce shall not carry out any specific action 
authorized under the applicable provisions of this title that would 
directly or through State agency action indirectly result in the 
involuntary reduction of water supply to an individual, district, or 
agency that has in effect a contract for water with the SWP or the CVP, 
including settlement, exchange, and refuge contracts, and Friant 
Division contracts.
    (e) Endangered Species Act.--Notwithstanding subsection (b), 
implementation of subsection (a) shall not conflict with the FWS 
Biological Opinion and the NOAA Biological Opinion.
    (f) Native Species Protection.--The State of California shall not 
impose any bag, catch, or size restriction or limit on the take or 
harvest of striped bass or any species of black bass, including 
largemouth bass, smallmouth bass, and spotted bass, that occupy the 
Sacramento-San Joaquin Rivers Delta or its tributaries.

SEC. 102. OPERATIONS AND REVIEWS.

    In carrying out section 101(a), the Secretary of the Interior and 
the Secretary of Commerce shall implement their statutory authorities 
in a manner that improves water supply reliability and enables the CVP 
and SWP to provide the maximum quantity of water supplies practicable 
to CVP agricultural, municipal, and industrial contractors, water 
service or repayment contractors, water rights settlement contractors, 
exchange contractors, refuge contractors, and SWP contractors, in 
accordance with the Preferred Alternative, NOAA Biological Opinion, and 
FWS Biological Opinion.

SEC. 103. APPLICATION OF STATE LAWS.

    (a) Reduced Water Supply.--If, as a result of the application of 
applicable State law or regulation, the State of California (including 
any agency or board of the State of California) alters operation of the 
SWP in a manner that directly or indirectly results in reduced water 
supply to the SWP as compared with the water supply available under the 
Preferred Alternative, and as a result, CVP yield is greater than it 
otherwise would have been under the Preferred Alternative, then that 
additional yield shall be made available to the SWP for delivery to SWP 
Contractors to offset that reduced water supply. If it is necessary to 
reduce water supplies for any authorized uses of the CVP or CVP 
Contractors to make available to the SWP that additional yield, such 
reductions shall be applied proportionately to those authorized uses or 
CVP contractors that benefit from that increased yield.
    (b) No Restriction of Certain Water Rights.--The State of 
California (including any agency or board of the State of California) 
shall not restrict the exercise of any water right obtained pursuant to 
State law, including but not limited to a pre-1914 appropriative right 
or riparian right in order to offset any impact resulting from the 
implementation of this title on any species affected by operations of 
the CVP or the SWP.
    (c) No Involuntary Water Reduction.--The State of California 
(including any agency or board of the State of California), the 
Secretary of the Interior and Secretary of Commerce shall not take any 
action related to operation of the CVP or SWP that would directly or 
indirectly result in the involuntary reduction of water supply to any 
CVP agricultural, municipal and industrial contractor, water service or 
repayment contractor, water rights settlement contractor, exchange 
contractor, refuge contractor or any SWP contractor, as compared to the 
water supply available under the Preferred Alternative; and nothing in 
this section is intended to modify, amend, or affect any of the rights 
and obligations of the parties to such contracts.

SEC. 104. RECONSULTATION OF NOAA BIOLOGICAL OPINION AND FWS BIOLOGICAL 
              OPINION.

    (a) Requirement for Reconsultation.--
            (1) Requirement.--Unless action is taken pursuant to 
        section 101(b), neither the Secretary of the Interior, acting 
        through the Commissioner of the Bureau of Reclamation, nor the 
        Secretary of Commerce, or their designees shall commence, 
        complete, or request reinitiation of consultation on the 
        coordinated long-term operation of the Central Valley Project 
        and the State Water Project that will result in changes to or 
        the replacement of the documents listed in paragraph (2) 
        unless--
                    (A) more than 75 percent of California has 
                experienced 4 consecutive years of D3 or D4 level 
                drought, as defined by the U.S. Drought Monitor;
                    (B) the Commissioner of the Bureau of Reclamation 
                identifies one specific factor or combination of 
                factors under section 402.16 of title 50, Code of 
                Federal Regulations; and
                    (C) not fewer than 120 days before officially 
                commencing or requesting reinitiation, the Secretary of 
                the Interior notifies the Committee on Natural 
                Resources of the House of Representatives and Committee 
                on Energy and Natural Resources of the Senate, in 
                writing, of--
                            (i) the intent to commence or request 
                        reinitiation under this section; and
                            (ii) the detailed justification for the 
                        identification of the specific factor or 
                        combination of factors under section 402.16 of 
                        title 50, Code of Federal Regulations, that was 
                        identified to satisfy the requirement in 
                        subparagraph (B).
            (2) Documents.--The documents referred to in paragraph (1) 
        are the following:
                    (A) The FWS Biological Opinion.
                    (B) The NOAA Biological Opinion.
                    (C) The Record of Decision for the Reinitiation of 
                Consultation on the Coordinated Long-Term Modified 
                Operations of the Central Valley Project and State 
                Water Project, signed on February 18, 2020.
    (b) Applicable Procedures and Review.--For the purposes of this 
Act, before reinitiating consultation on the Long-Term Operation of the 
CVP and SWP, a request by the Secretary of the Interior, the Secretary 
of the Commerce, or any other Federal employee, to reinitiate 
consultation shall be made in writing and considered a rule under 
section 551 of title 5, United States Code, and subject to the 
requirements of sections 801 through 808 of that title.
    (c) Cooperation.--In implementing this section, the Secretary of 
the Interior and the Secretary of Commerce shall comply with 
requirements included in section 4004 of the Water Infrastructure 
Improvements for the Nation Act (Public Law 114-322).
    (d) Exclusion.--Notwithstanding subsection (b), in implementing 
this section, section 801(b)(2) of title 5, United States Code, shall 
not apply.

SEC. 105. SUNSET.

    Sections 101 through 104 shall have no force or effect on and after 
the date that is 7 years after the date of the enactment of this Act.

SEC. 106. CONSULTATION ON COORDINATED OPERATIONS.

    The Water Infrastructure Improvements for the Nation Act (Public 
Law 114-322) is amended--
            (1) in section 4004(a)--
                    (A) in the matter preceding paragraph (1), strike 
                ``public water agency that contracts'' and insert 
                ``contractor'';
                    (B) in paragraph (1), by inserting ``or proposed 
                action'' before the semicolon;
                    (C) in paragraph (2), by inserting ``or proposed 
                action'' before the semicolon;
                    (D) by redesignating paragraphs (3) through (6) as 
                paragraphs (4) through (7), respectively;
                    (E) after paragraph (2), by inserting the following 
                new paragraph:
            ``(3) receive a copy of the draft proposed action and have 
        the opportunity to review that document and provide comment to 
        the action agency, which comments shall be afforded due 
        consideration during development;''; and
                    (F) in paragraph (7), as redesignated by 
                subparagraph (C) of this paragraph--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``action agency proposes a 
                        proposed action or'' before ``the consulting 
                        agency'';
                            (ii) in subparagraph (A), by inserting 
                        ``proposed action or'' before ``alternative 
                        will''; and
                            (iii) in subparagraph (B), by striking 
                        ``alternative actions'' and insert ``actions or 
                        alternatives''; and
            (2) in section 4013, by deleting ``section 4004, which 
        shall expire 10 years after the date of its enactment;'' and 
        inserting ``section 4004, which shall expire on December 16, 
        2033;''.

        TITLE II--ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS

SEC. 201. DEFINITIONS.

    In this title, the following definitions apply:
            (1) The term ``existing CVP agricultural water service or 
        repayment contractor within the Sacramento River Watershed'' 
        means any water service or repayment contractor within the 
        Shasta, Trinity, or Sacramento River division of the CVP that 
        has in effect a water service or repayment contract on the date 
        of enactment of this title that provides water for irrigation.
            (2) The terms ``Above Normal'', ``Below Normal'', ``Dry'', 
        and ``Wet'', with respect to a year, have the meanings given 
        those terms in the Sacramento Valley Water Year Type (40-30-30) 
        Index.

SEC. 202. ALLOCATIONS OF WATER.

    Subject to section 203, the Secretary of the Interior shall make 
every reasonable effort in the operation of the CVP to allocate water 
provided for irrigation purposes to each existing CVP agricultural 
water service contractor within the Sacramento River Watershed in 
accordance with the following:
            (1) Not less than 100 percent of the contract quantity of 
        the existing CVP agricultural water service contractor within 
        the Sacramento River Watershed in a Wet year.
            (2) Not less than 100 percent of the contract quantity of 
        the existing CVP agricultural water service contractor within 
        the Sacramento River Watershed in an Above Normal year.
            (3) Not less than 100 percent of the contract quantity of 
        the existing CVP agricultural water service contractor within 
        the Sacramento River Watershed in a Below Normal year that is 
        preceded by an Above Normal or Wet year.
            (4) Not less than 50 percent of the contract quantity of 
        the existing CVP agricultural water service contractor within 
        the Sacramento River Watershed in a Dry year that is preceded 
        by a Below Normal, Above Normal, or Wet year.
            (5) In any other year not identified in any subsections (a) 
        through (d), not less than twice the allocation percentage to 
        south-of-Delta CVP agricultural water service contractors, up 
        to 100 percent.

SEC. 203. PROTECTION OF REFUGE, MUNICIPAL AND INDUSTRIAL, AND OTHER 
              CONTRACTORS.

    Nothing in section 202 shall--
            (1) adversely affect any protections for the environment, 
        including the obligation of the Secretary of the Interior to 
        make water available to managed wetlands pursuant to section 
        3406(d) of the Central Valley Project Improvement Act (title 
        XXXIV of Public Law 102-575; 106 Stat. 4722);
            (2) adversely affect any obligation of the Secretary of the 
        Interior or the Secretary of Commerce under the FWS Biological 
        Opinion or the NOAA Biological Opinion;
            (3) modify any provision of a water service contract that 
        addresses municipal or industrial water shortage policies of 
        the Secretary of the Interior;
            (4) affect or limit the authority of the Secretary of the 
        Interior to adopt or modify municipal and industrial water 
        shortage policies;
            (5) constrain, govern, or affect, directly or indirectly, 
        the operations of the American River division of the CVP or any 
        deliveries from that division or a unit or facility of that 
        division; or
            (6) affect any allocation to a CVP municipal or industrial 
        water service contractor by increasing or decreasing 
        allocations to the contractor, as compared to the allocation 
        the contractor would have received absent section 202.

SEC. 204. OTHER CONTRACTORS.

    Nothing in section 202 shall--
            (1) affect the priority of any individual or entity with a 
        Sacramento River settlement contract over water service or 
        repayment contractors;
            (2) affect the United States ability to deliver water to 
        the San Joaquin River exchange contractors from the Sacramento 
        River and the Delta via the Delta-Mendota Canal or modify or 
        amend the rights and obligations under the Purchase Contract 
        between Miller and Lux and the United States and the Second 
        Amended Exchange Contract between the United States, Department 
        of the Interior, Bureau of Reclamation and Central California 
        Irrigation District, San Luis Canal Company, Firebaugh Canal 
        Water District and Columbia Canal Company;
            (3) affect the allocation of water to Friant division 
        contractors of the CVP;
            (4) result in the involuntary reduction in contract water 
        allocations to individuals or entities with contracts to 
        receive water from the Friant division;
            (5) result in the involuntary reduction in water 
        allocations to refuge contractors; or
            (6) authorize any actions inconsistent with State water 
        rights law.

                       TITLE III--INFRASTRUCTURE

SEC. 301. SHASTA RESERVOIR ENLARGEMENT PROJECT.

    Section 40902(a)(2) of the Infrastructure Investment and Jobs Act 
(Public Law 117-58) is amended--
            (1) in subparagraph (B)--
                    (A) in the matter preceding clause (i), by striking 
                ``this Act, except for any project for which--'' and 
                inserting ``this Act; or''; and
                    (B) by striking clauses (i) and (ii); and
            (2) in subparagraph (C), by striking ``(except that 
        projects described in clauses (i) and (ii) of subparagraph (B) 
        shall not be eligible)''.

SEC. 302. WATER SUPPLY PLAN; PROJECTS.

    (a) Plan.--Not later than 180 days after the date of the enactment 
of this Act, the Commissioner of the Bureau of Reclamation shall 
develop a water deficit report, which shall identify--
            (1) projected water supply shortages in the State of 
        California for irrigation water service, municipal and 
        industrial water service, water supply for wildlife refuges 
        supplied by the CVP or the SWP; and
            (2) infrastructure projects or actions which, if taken, 
        would--
                    (A) significantly reduce or eliminate the projected 
                water supply shortage; or
                    (B) fulfill water allocations consistent with 
                agricultural, municipal and industrial contractors, 
                water service or repayment contractors, water rights 
                settlement contractors, exchange contractors, and SWP 
                contractors with water delivery contractors on the CVP 
                and SWP.
    (b) Report to Congress.--The Commissioner of the Bureau of 
Reclamation shall provide a report described in subsection (a) to the 
House Committee on Natural Resources and the Senate Committee on Energy 
and Natural Resources upon its completion.

SEC. 303. CONSERVATION FISH HATCHERIES.

    Section 4010(b)(5) of the Water Infrastructure Improvements for the 
Nation Act (Public Law 114-322) is amended by adding at the end the 
following:
                    ``(D) Semi-annual report.--The Secretary of the 
                Interior and the Secretary of Commerce shall submit to 
                the Committee on Natural Resources of the House of 
                Representatives and Committee on Energy and Natural 
                Resources of the Senate semi-annual reports that detail 
                activities carried out under this paragraph.''.

SEC. 304. STORAGE; DURATION.

    (a) Storage.--Section 4007 of the Water Infrastructure Improvements 
for the Nation Act (Public Law 114-322) is amended--
            (1) in subsection (b)(1), by striking ``or any public 
        agency organized pursuant to State law'' and inserting ``any 
        public agency organized pursuant to State law, or any 
        stakeholder''; and
            (2) in subsection (i), by striking ``January 1, 2021'' and 
        inserting ``January 1, 2028''.
    (b) Duration.--Section 4013 of the Water Infrastructure 
Improvements for the Nation Act (Public Law 114-322) is amended--
            (1) in paragraph (1), by striking ``and'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) section 4007, which (except as provided in paragraph 
        (3)), shall expire on December 31, 2028; and''.

SEC. 305. SHASTA DAM ENLARGEMENT.

    (a) Funding.--In accordance with section 4007 of the Water 
Infrastructure Improvements for the Nation Act (Public Law 114-322), 
and as recommended by the Secretary in letters dated February 13, 2019; 
June 22, 2020; and December 3, 2020; funds made available in the Water 
and Related Resources account for the Bureau of Reclamation in Acts of 
appropriation for fiscal years 2017, 2018, 2019, 2020, and 2021 shall 
be made available to the Shasta Dam and Reservoir Enlargement Project.
    (b) Clarification.--No provision of State law shall preclude or 
otherwise prevent any public water agency, including a public agency of 
the State, that contracts for the delivery of CVP water from assisting 
or cooperating with, whether by loan, grant, license, or otherwise, the 
planning and construction of any project undertaken by the Bureau of 
Reclamation to enlarge Shasta Dam.

                        TITLE IV--CVPIA ACTIONS

SEC. 401. CVPIA RESTORATION ACTIONS.

    (a) Refuge Water Supply Program.--Not later than 2 years after the 
date of enactment of this Act, the Secretary of the Interior shall 
complete the refuge water supply program under section 3406(d) of the 
Central Valley Project Improvement Act (title XXXIV of Public Law 102-
575; 106 Stat. 4722) and shall, within that 2-year period, give 
priority to completing the refuge water supply program when making 
funding decisions from the Central Valley Project Restoration Fund 
established under section 3407 of the Central Valley Project 
Improvement Act (106 Stat. 4726), the Infrastructure Investment and 
Jobs Act (Public Law 117-25), the Land and Water Conservation Fund Act 
(Public Law 88-578), and other sources of funding.
    (b) Restoration Actions Deemed Complete.--Upon completion of the 
refuge water supply program pursuant to subsection (a), or September 
30, 2025, whichever occurs first, the Secretary of the Interior shall 
deem complete the fish, wildlife, and habitat mitigation and 
restoration actions mandated under section 3406 of the Central Valley 
Project Improvement Act (title XXXIV of Public Law 102-575; 106 Stat. 
4714).

           TITLE V--WATER SUPPLY PERMITTING COORDINATION ACT

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Water Supply Permitting 
Coordination Act''.

SEC. 502. DEFINITIONS.

    In this title:
            (1) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (2) Cooperating agencies.--The term ``cooperating agency'' 
        means a Federal agency with jurisdiction over a review, 
        analysis, opinion, statement, permit, license, or other 
        approval or decision required for a qualifying project under 
        applicable Federal laws and regulations, or a State agency 
        subject to section 503(c).
            (3) Qualifying projects.--The term ``qualifying projects'' 
        means new surface water storage projects in the States covered 
        under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
        and Acts supplemental to and amendatory of that Act (43 U.S.C. 
        371 et seq.) constructed on lands administered by the 
        Department of the Interior or the Department of Agriculture, 
        exclusive of any easement, right-of-way, lease, or any private 
        holding, if the project applicant or sponsor elects to 
        participate in the process authorized by this title. Such term 
        shall also include State-led projects (as defined in section 
        4007(a)(2) of the WIIN Act) for new surface water storage 
        projects in the States covered under the Act of June 17, 1902 
        (32 Stat. 388, chapter 1093), and Acts supplemental to and 
        amendatory of that Act (43 U.S.C. 371 et seq.) constructed on 
        lands administered by the Department of the Interior or the 
        Department of Agriculture, exclusive of any easement, right-of-
        way, lease, or any private holding, unless the project 
        applicant elects not to participate in the process authorized 
        by this title.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 503. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES.

    (a) Establishment of Lead Agency.--The Bureau is established as the 
lead agency for purposes of coordinating all reviews, analyses, 
opinions, statements, permits, licenses, or other approvals or 
decisions required under Federal law to construct qualifying projects.
    (b) Identification and Establishment of Cooperating Agencies.--The 
Commissioner of the Bureau shall--
            (1) identify, as early as practicable upon receipt of an 
        application for a qualifying project, any Federal agency that 
        may have jurisdiction over a review, analysis, opinion, 
        statement, permit, license, approval, or decision required for 
        a qualifying project under applicable Federal laws and 
        regulations; and
            (2) notify any such agency, within a reasonable timeframe, 
        that the agency has been designated as a cooperating agency in 
        regards to the qualifying project unless that agency responds 
        to the Bureau in writing, within a timeframe set forth by the 
        Bureau, notifying the Bureau that the agency--
                    (A) has no jurisdiction or authority with respect 
                to the qualifying project;
                    (B) has no expertise or information relevant to the 
                qualifying project or any review, analysis, opinion, 
                statement, permit, license, or other approval or 
                decision associated therewith; or
                    (C) does not intend to submit comments on the 
                qualifying project or conduct any review of such a 
                project or make any decision with respect to such 
                project in a manner other than in cooperation with the 
                Bureau.
    (c) State Authority.--A State in which a qualifying project is 
being considered may choose, consistent with State law--
            (1) to participate as a cooperating agency; and
            (2) to make subject to the processes of this title all 
        State agencies that--
                    (A) have jurisdiction over the qualifying project;
                    (B) are required to conduct or issue a review, 
                analysis, or opinion for the qualifying project; or
                    (C) are required to make a determination on issuing 
                a permit, license, or approval for the qualifying 
                project.

SEC. 504. BUREAU RESPONSIBILITIES.

    (a) In General.--The principal responsibilities of the Bureau under 
this title are--
            (1) to serve as the point of contact for applicants, State 
        agencies, Indian Tribes, and others regarding proposed 
        qualifying projects;
            (2) to coordinate preparation of unified environmental 
        documentation that will serve as the basis for all Federal 
        decisions necessary to authorize the use of Federal lands for 
        qualifying projects; and
            (3) to coordinate all Federal agency reviews necessary for 
        project development and construction of qualifying projects.
    (b) Coordination Process.--The Bureau shall have the following 
coordination responsibilities:
            (1) Preapplication coordination.--Notify cooperating 
        agencies of proposed qualifying projects not later than 30 days 
        after receipt of a proposal and facilitate a preapplication 
        meeting for prospective applicants, relevant Federal and State 
        agencies, and Indian Tribes--
                    (A) to explain applicable processes, data 
                requirements, and applicant submissions necessary to 
                complete the required Federal agency reviews within the 
                timeframe established; and
                    (B) to establish the schedule for the qualifying 
                project.
            (2) Consultation with cooperating agencies.--Consult with 
        the cooperating agencies throughout the Federal agency review 
        process, identify and obtain relevant data in a timely manner, 
        and set necessary deadlines for cooperating agencies.
            (3) Schedule.--Work with the qualifying project applicant 
        and cooperating agencies to establish a project schedule. In 
        establishing the schedule, the Bureau shall consider, among 
        other factors--
                    (A) the responsibilities of cooperating agencies 
                under applicable laws and regulations;
                    (B) the resources available to the cooperating 
                agencies and the non-Federal qualifying project 
                sponsor, as applicable;
                    (C) the overall size and complexity of the 
                qualifying project;
                    (D) the overall schedule for and cost of the 
                qualifying project; and
                    (E) the sensitivity of the natural and historic 
                resources that may be affected by the qualifying 
                project.
            (4) Environmental compliance.--Prepare a unified 
        environmental review document for each qualifying project 
        application, incorporating a single environmental record on 
        which all cooperating agencies with authority to issue 
        approvals for a given qualifying project shall base project 
        approval decisions. Help ensure that cooperating agencies make 
        necessary decisions, within their respective authorities, 
        regarding Federal approvals in accordance with the following 
        timelines:
                    (A) Not later than 1 year after acceptance of a 
                completed project application when an environmental 
                assessment and finding of no significant impact is 
                determined to be the appropriate level of review under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                    (B) Not later than 1 year and 30 days after the 
                close of the public comment period for a draft 
                environmental impact statement under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), when an environmental impact statement is 
                required under the same.
            (5) Consolidated administrative record.--Maintain a 
        consolidated administrative record of the information assembled 
        and used by the cooperating agencies as the basis for agency 
        decisions.
            (6) Project data records.--To the extent practicable and 
        consistent with Federal law, ensure that all project data is 
        submitted and maintained in generally accessible electronic 
        format, compile, and where authorized under existing law, make 
        available such project data to cooperating agencies, the 
        qualifying project applicant, and to the public.
            (7) Project manager.--Appoint a project manager for each 
        qualifying project. The project manager shall have authority to 
        oversee the project and to facilitate the issuance of the 
        relevant final authorizing documents, and shall be responsible 
        for ensuring fulfillment of all Bureau responsibilities set 
        forth in this section and all cooperating agency 
        responsibilities under section 505.

SEC. 505. COOPERATING AGENCY RESPONSIBILITIES.

    (a) Adherence to Bureau Schedule.--
            (1) Timeframes.--On notification of an application for a 
        qualifying project, the head of each cooperating agency shall 
        submit to the Bureau a timeframe under which the cooperating 
        agency reasonably will be able to complete the authorizing 
        responsibilities of the cooperating agency.
            (2) Schedule.--
                    (A) Use of timeframes.--The Bureau shall use the 
                timeframes submitted under this subsection to establish 
                the project schedule under section 504.
                    (B) Adherence.--Each cooperating agency shall 
                adhere to the project schedule established by the 
                Bureau under subparagraph (A).
    (b) Environmental Record.--The head of each cooperating agency 
shall submit to the Bureau all environmental review material produced 
or compiled in the course of carrying out activities required under 
Federal law, consistent with the project schedule established by the 
Bureau under subsection (a)(2).
    (c) Data Submission.--To the extent practicable and consistent with 
Federal law, the head of each cooperating agency shall submit all 
relevant project data to the Bureau in a generally accessible 
electronic format, subject to the project schedule established by the 
Bureau under subsection (a)(2).

SEC. 506. FUNDING TO PROCESS PERMITS.

    (a) In General.--The Secretary, after public notice in accordance 
with subchapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ``Administrative Procedure Act''), 
may accept and expend funds contributed by a non-Federal public entity 
to expedite the evaluation of a permit of that entity related to a 
qualifying project.
    (b) Effect on Permitting.--
            (1) Evaluation of permits.--In carrying out this section, 
        the Secretary shall ensure that the evaluation of permits 
        carried out using funds accepted under this section shall--
                    (A) be reviewed by the Regional Director of the 
                Bureau of the region in which the qualifying project or 
                activity is located (or a designee); and
                    (B) use the same procedures for decisions that 
                would otherwise be required for the evaluation of 
                permits for similar projects or activities not carried 
                out using funds authorized under this section.
            (2) Impartial decision making.--In carrying out this 
        section, the Secretary and the head of each cooperating agency 
        receiving funds under this section for a qualifying project 
        shall ensure that the use of the funds accepted under this 
        section for the qualifying project shall not--
                    (A) substantively or procedurally impact impartial 
                decision making with respect to the issuance of 
                permits; or
                    (B) diminish, modify, or otherwise affect the 
                statutory or regulatory authorities of the cooperating 
                agency.
    (c) Limitation on Use of Funds.--None of the funds accepted under 
this section shall be used to carry out a review of the evaluation of 
permits required under subsection (b)(1)(A).
    (d) Public Availability.--The Secretary shall ensure that all final 
permit decisions carried out using funds authorized under this section 
are made available to the public, including on the internet.
                                                 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 reliability to 
          drought-stricken California, and for other purposes.

_______________________________________________________________________

                           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
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