or may be required by law to conduct an environmental- 
related review or analysis of the project or determine 
whether to issue an environmental-related permit, license, 
or approval for the project, be subject to the process. 
(g) MEMORANDUM OF UNDERSTANDING.—The co-
ordinated review process developed under this section may 
be incorporated into a memorandum of understanding for 
a project between the Secretary and the heads of other 
Federal, State, and local government agencies and Indian 
tribes identified under subsection (e) with respect to the 
project and the non-Federal interest for the project. 
(h) EFFECT OF FAILURE TO MEET DEADLINE.— 
(1) NOTIFICATION OF CONGRESS AND CEQ.—If 
the Secretary determines that a Federal, State, or 
local government agency, Indian tribe, or non-Fed-
eral interest that is participating in a coordinated 
review process under this section with respect to a 
project has not met a deadline established under 
subsection (d) for the project, the Secretary shall no-
tify, within 30 days of the date of such determina-
tion, the Committee on Transportation and Infra-
structure of the House of Representatives, the Com-
mittee on Environment and Public Works of the 
Senate, the Council on Environmental Quality, and
the agency, Indian tribe, or non-Federal interest in-
volved about the failure to meet the deadline. 
(2) AGENCY REPORT.—Not later than 30 days 
after the date of receipt of a notice under paragraph 
(1), the Federal, State, or local government agency, 
Indian tribe, or non-Federal interest involved shall 
submit a report to the Secretary, the Committee on 
Transportation and Infrastructure of the House of 
Representatives, the Committee on Environment and 
Public Works of the Senate, and the Council on En-
vironmental Quality explaining why the agency, In-
dian tribe, or non-Federal interest did not meet the 
deadline and what actions it intends to take to com-
plete or issue the required review, analysis, opinion, 
permit, license, or approval. 
(i) PURPOSE AND NEED AND DETERMINATION OF 
REASONABLE ALTERNATIVES.— 
(1) IN GENERAL.—As an official of the lead 
Federal agency that is responsible for carrying out 
a study to which this section applies and its associ-
ated process for meeting the requirements of the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and as the Federal agency with 
expertise in water resources development, the Sec-
retary, in carrying out such study and process, 
shall— 
(A) define the purpose and need for the 
proposed water resources project; and 
(B) determine which alternatives are rea-
sonable and may be reasonably anticipated to 
meet project purposes and needs. 
(2) STREAMLINING
STUDY.—To streamline a 
study to which this section applies and its associated 
process for meeting the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), the Secretary may eliminate from consider-
ation any alternatives the Secretary determines are 
not reasonable or are not reasonably anticipated to 
meet project purposes and needs. 
(j) SOLICITATION
AND CONSIDERATION
OF COM-
MENTS.—In applying subsection (i), the Secretary shall 
solicit, consider, and respond to comments from interested 
persons and governmental entities. 
(k) CATEGORICAL EXCLUSIONS.—Not later than 120 
days after the date of enactment of this Act, the Secretary 
shall develop and publish a list of categorical exclusions 
from the requirement that an environmental assessment 
or an environmental impact statement be prepared under
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) for water resources projects. 
(l) LIMITATIONS.—Nothing in this section shall pre-
empt or interfere with— 
(1) any practice of seeking public comment; 
(2) any power, jurisdiction, or authority that a 
Federal, State, or local government agency, Indian 
tribe, or non-Federal interest has with respect to 
carrying out a water resources project; or 
(3) any obligation to comply with the provisions 
of the National Environmental Policy Act of 1969 
(42 U.S.C. 4371 et seq.) and the regulations issued 
by the Council on Environmental Quality to carry 
out such Act. 
(m) BENCHMARKS.—Within 12 months of the date 
of enactment of this Act, the Chief of Engineers shall es-
tablish benchmarks for determining the length of time it 
should take to conduct a feasibility study for a water re-
sources development project and its associated review 
process under the National Environmental Policy Act of 
1969 (42 U.S.C. 4371 et seq.). Benchmarks may be estab-
lished for activities based on project type, size, cost, and 
complexity. The Chief of Engineers shall use such bench-
marks as a management tool to make the feasibility study