141 
in subclause (I) is completed, submit 
to the Committee on Natural Re-
sources of the House of Representa-
tives and the Committee on Energy 
and Natural Resources of the Senate 
the results of the audit conducted 
under subclause (I). 
(F) LIMITATION.—The Federal agency 
from which funds are transferred pursuant to 
this paragraph shall not reprogram funds to the 
office of the head of the agency, or equivalent 
office, to reimburse that office for the loss of 
the funds. 
(G) EFFECT OF PARAGRAPH.—Nothing in 
this paragraph affects or limits the application 
of, or obligation to comply with, any Federal, 
State, local, or tribal law. 
(j) MEMORANDUM OF AGREEMENTS FOR EARLY CO-
ORDINATION.— 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that— 
(A) the Secretary and other Federal agen-
cies with relevant jurisdiction in the environ-
mental review process should cooperate with 
each other, State and local agencies, and Indian
142 
tribes on environmental review and Bureau of 
Reclamation project delivery activities at the 
earliest practicable time to avoid delays and du-
plication of effort later in the process, prevent 
potential conflicts, and ensure that planning 
and project development decisions reflect envi-
ronmental values; and 
(B) the cooperation referred to in subpara-
graph (A) should include the development of 
policies and the designation of staff that advise 
planning agencies and project sponsors of stud-
ies or other information foreseeably required for 
later Federal action and early consultation with 
appropriate State and local agencies and Indian 
tribes. 
(2) TECHNICAL ASSISTANCE.—If requested at 
any time by a State or project sponsor, the Sec-
retary and other Federal agencies with relevant ju-
risdiction in the environmental review process, shall, 
to the maximum extent practicable and appropriate, 
as determined by the agencies, provide technical as-
sistance to the State or project sponsor in carrying 
out early coordination activities. 
(3) MEMORANDUM OF AGENCY AGREEMENT.— 
If requested at any time by a State or project spon-
143 
sor, the Federal lead agency, in consultation with 
other Federal agencies with relevant jurisdiction in 
the environmental review process, may establish 
memoranda of agreement with the project sponsor, 
Indian tribes, State and local governments, and 
other appropriate entities to carry out the early co-
ordination activities, including providing technical 
assistance in identifying potential impacts and miti-
gation issues in an integrated fashion. 
(k) LIMITATIONS.—Nothing in this section preempts 
or interferes with— 
(1) any obligation to comply with the provisions 
of any Federal law, including— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(B) any other Federal environmental law; 
(2) the reviewability of any final Federal agency 
action in a court of the United States or in the court 
of any State; 
(3) any requirement for seeking, considering, or 
responding to public comment; or 
(4) any power, jurisdiction, responsibility, duty, 
or authority that a Federal, State, or local govern-
mental agency, Indian tribe, or project sponsor has
144 
with respect to carrying out a project or any other 
provision of law applicable to projects. 
(l) TIMING OF CLAIMS.— 
(1) TIMING.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, a claim arising under 
Federal law seeking judicial review of a permit, 
license, or other approval issued by a Federal 
agency for a project study shall be barred un-
less the claim is filed not later than 3 years 
after publication of a notice in the Federal Reg-
ister announcing that the permit, license, or 
other approval is final pursuant to the law 
under which the agency action is taken, unless 
a shorter time is specified in the Federal law 
that allows judicial review. 
(B) APPLICABILITY.—Nothing in this sub-
section creates a right to judicial review or 
places any limit on filing a claim that a person 
has violated the terms of a permit, license, or 
other approval. 
(2) NEW INFORMATION.— 
(A) IN
GENERAL.—The Secretary shall 
consider new information received after the 
close of a comment period if the information
145 
satisfies the requirements for a supplemental 
environmental impact statement under title 40, 
Code of Federal Regulations (including suc-
cessor regulations). 
(B) SEPARATE ACTION.—The preparation 
of a supplemental environmental impact state-
ment or other environmental document, if re-
quired under this section, shall be considered a 
separate final agency action and the deadline 
for filing a claim for judicial review of the ac-
tion shall be 3 years after the date of publica-
tion of a notice in the Federal Register an-
nouncing the action relating to such supple-
mental environmental impact statement or 
other environmental document. 
(m) CATEGORICAL EXCLUSIONS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall— 
(A) survey the use by the Bureau of Rec-
lamation of categorical exclusions in projects 
since 2005; 
(B) publish a review of the survey that in-
cludes a description of—
146 
(i) the types of actions that were cat-
egorically excluded or could be the basis 
for developing a new categorical exclusion; 
and 
(ii) any requests previously received 
by the Secretary for new categorical exclu-
sions; and 
(C) solicit requests from other Federal 
agencies and project sponsors for new categor-
ical exclusions. 
(2) NEW
CATEGORICAL
EXCLUSIONS.—Not 
later than 1 year after the date of enactment of this 
Act, if the Secretary has identified a category of ac-
tivities that merit establishing a categorical exclusion 
that did not exist on the day before the date of en-
actment this Act based on the review under para-
graph (1), the Secretary shall publish a notice of 
proposed rulemaking to propose that new categorical 
exclusion, to the extent that the categorical exclusion 
meets the criteria for a categorical exclusion under 
section 1508.4 of title 40, Code of Federal Regula-
tions (or successor regulation). 
(n) REVIEW
OF
PROJECT
ACCELERATION
RE-
FORMS.—