137 
(F) LIMITATION.—The Federal agency from 
which funds are transferred pursuant to this 
paragraph shall not reprogram funds to the of-
fice of the head of the agency, or equivalent of-
fice, 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 
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 environ-
mental values; and 
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(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 studies 
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 Secretary 
and other Federal agencies with relevant jurisdiction 
in the environmental review process, shall, to the 
maximum extent practicable and appropriate, as de-
termined by the agencies, provide technical assistance 
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 sponsor, 
the Federal lead agency, in consultation with other 
Federal agencies with relevant jurisdiction in the en-
vironmental review process, may establish memo-
randa of agreement with the project sponsor, Indian 
tribes, State and local governments, and other appro-
priate entities to carry out the early coordination ac-
tivities, including providing technical assistance in 
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139 
identifying potential impacts and mitigation 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 
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 
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agency for a project study shall be barred unless 
the claim is filed not later than 3 years after 
publication of a notice in the Federal Register 
announcing that the permit, license, or other ap-
proval 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 judi-
cial 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 con-
sider new information received after the close of 
a comment period if the information satisfies the 
requirements for a supplemental environmental 
impact statement under title 40, Code of Federal 
Regulations (including successor regulations). 
(B) SEPARATE ACTION.—The preparation of 
a supplemental environmental impact statement 
or other environmental document, if required 
under this section, shall be considered a separate 
final agency action and the deadline for filing a 
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141 
claim for judicial review of the action shall be 3 
years after the date of publication of a notice in 
the Federal Register announcing the action relat-
ing to such supplemental 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 Secretary 
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— 
(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 exclusions; 
and 
(C) solicit requests from other Federal agen-
cies and project sponsors for new categorical ex-
clusions. 
(2) NEW CATEGORICAL EXCLUSIONS.—Not later 
than 1 year after the date of enactment of this Act, 
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if the Secretary has identified a category of activities 
that merit establishing a categorical exclusion that 
did not exist on the day before the date of enactment 
this Act based on the review under paragraph (1), the 
Secretary shall publish a notice of proposed rule-
making to propose that new categorical exclusion, to 
the extent that the categorical exclusion meets the cri-
teria for a categorical exclusion under section 1508.4 
of title 40, Code of Federal Regulations (or successor 
regulation). 
(n) REVIEW OF PROJECT ACCELERATION REFORMS.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall— 
(A) assess the reforms carried out under this 
section; and 
(B) not later than 5 years and not later 
than 10 years after the date of enactment of this 
Act, submit to the Committee on Natural Re-
sources of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate a report that describes the results of 
the assessment. 
(2) CONTENTS.—The reports under paragraph 
(1) shall include an evaluation of impacts of the re-
forms carried out under this section on— 
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(A) project delivery; 
(B) compliance with environmental laws; 
and 
(C) the environmental impact of projects. 
(o) PERFORMANCE MEASUREMENT.—The Secretary 
shall establish a program to measure and report on progress 
made toward improving and expediting the planning and 
environmental review process. 
(p) CATEGORICAL EXCLUSIONS IN EMERGENCIES.— 
For the repair, reconstruction, or rehabilitation of a Bureau 
of Reclamation surface water storage project that is in oper-
ation or under construction when damaged by an event or 
incident that results in a declaration by the President of 
a major disaster or emergency pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), the Secretary shall treat such repair, 
reconstruction, or rehabilitation activity as a class of action 
categorically excluded from the requirements relating to en-
vironmental assessments or environmental impact state-
ments under section 1508.4 of title 40, Code of Federal Reg-
ulations (or successor regulations), if the repair or recon-
struction activity is— 
(1) in the same location with the same capacity, 
dimensions, and design as the original Bureau of 
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Reclamation surface water storage project as before 
the declaration described in this section; and 
(2) commenced within a 2-year period beginning 
on the date of a declaration described in this sub-
section. 
SEC. 806. ANNUAL REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than February 1 of each 
year, the Secretary shall develop and submit to the Com-
mittee on Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of 
the Senate an annual report, to be entitled ‘‘Report to Con-
gress on Future Water Project Development’’, that identifies 
the following: 
(1) PROJECT
REPORTS.—Each project report 
that meets the criteria established in subsection 
(c)(1)(A). 
(2) PROPOSED
PROJECT
STUDIES.—Any pro-
posed project study submitted to the Secretary by a 
non-Federal interest pursuant to subsection (b) that 
meets the criteria established in subsection (c)(1)(A). 
(3) PROPOSED MODIFICATIONS.—Any proposed 
modification to an authorized water project or project 
study that meets the criteria established in subsection 
(c)(1)(A) that— 
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145 
(A) is submitted to the Secretary by a non- 
Federal interest pursuant to subsection (b); or 
(B) is identified by the Secretary for au-
thorization. 
(4) EXPEDITED
COMPLETION
OF
REPORT
AND 
DETERMINATIONS.—Any project study that was expe-
dited and any Secretarial determinations under sec-
tion 804. 
(b) REQUESTS FOR PROPOSALS.— 
(1) PUBLICATION.—Not later than May 1 of each 
year, the Secretary shall publish in the Federal Reg-
ister a notice requesting proposals from non-Federal 
interests for proposed project studies and proposed 
modifications to authorized projects and project stud-
ies to be included in the annual report. 
(2) DEADLINE FOR REQUESTS.—The Secretary 
shall include in each notice required by this sub-
section a requirement that non-Federal interests sub-
mit to the Secretary any proposals described in para-
graph (1) by not later than 120 days after the date 
of publication of the notice in the Federal Register in 
order for the proposals to be considered for inclusion 
in the annual report. 
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146 
(3) NOTIFICATION.—On the date of publication 
of each notice required by this subsection, the Sec-
retary shall— 
(A) make the notice publicly available, in-
cluding on the Internet; and 
(B) provide written notification of the pub-
lication to the Committee on Natural Resources 
of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the 
Senate. 
(c) CONTENTS.— 
(1) PROJECT
REPORTS, 
PROPOSED
PROJECT 
STUDIES, AND PROPOSED MODIFICATIONS.— 
(A) CRITERIA FOR INCLUSION IN REPORT.— 
The Secretary shall include in the annual report 
only those project reports, proposed project stud-
ies, and proposed modifications to authorized 
projects and project studies that— 
(i) are related to the missions and au-
thorities of the Bureau of Reclamation; 
(ii) require specific congressional au-
thorization, including by an Act of Con-
gress; 
(iii) have not been congressionally au-
thorized; 
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147 
(iv) have not been included in any pre-
vious annual report; and 
(v) if authorized, could be carried out 
by the Bureau of Reclamation. 
(B) DESCRIPTION OF BENEFITS.— 
(i) DESCRIPTION.—The Secretary shall 
describe in the annual report, to the extent 
applicable and practicable, for each pro-
posed project study and proposed modifica-
tion to an authorized water resources devel-
opment project or project study included in 
the annual report, the benefits, as described 
in clause (ii), of each such study or pro-
posed modification. 
(ii) BENEFITS.—The benefits (or ex-
pected benefits, in the case of a proposed 
project study) described in this clause are 
benefits to— 
(I) the protection of human life 
and property; 
(II) improvement to domestic irri-
gated water and power supplies; 
(III) the national economy; 
(IV) the environment; or 
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148 
(V) the national security interests 
of the United States. 
(C) IDENTIFICATION OF OTHER FACTORS.— 
The Secretary shall identify in the annual re-
port, to the extent practicable— 
(i) for each proposed project study in-
cluded in the annual report, the non-Fed-
eral interest that submitted the proposed 
project study pursuant to subsection (b); 
and 
(ii) for each proposed project study 
and proposed modification to a project or 
project study included in the annual report, 
whether the non-Federal interest has dem-
onstrated— 
(I) that local support exists for 
the proposed project study or proposed 
modification to an authorized project 
or project study (including the surface 
water storage development project that 
is the subject of the proposed feasibility 
study or the proposed modification to 
an authorized project study); and 
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150 
(II) the proposed modification to 
a project; 
(B) a letter or statement of support for the 
water report, proposed project study, or proposed 
modification to a project or project study from 
each associated non-Federal interest; 
(C) the purpose of the feasibility report, 
proposed feasibility study, or proposed modifica-
tion to a project or project study; 
(D) an estimate, to the extent practicable, of 
the Federal, non-Federal, and total costs of— 
(i) the proposed modification to an au-
thorized project study; and 
(ii) construction of— 
(I) the project that is the subject 
of— 
(aa) the project report; or 
(bb) the authorized project 
study for which a modification is 
proposed, with respect to the 
change in costs resulting from 
such modification; or 
(II) the proposed modification to 
an authorized project; and 
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(E) an estimate, to the extent practicable, of 
the monetary and nonmonetary benefits of— 
(i) the project that is the subject of— 
(I) the project report; or 
(II) the authorized project study 
for which a modification is proposed, 
with respect to the benefits of such 
modification; or 
(ii) the proposed modification to an 
authorized project. 
(3) CERTIFICATION.—The Secretary shall include 
in the annual report a certification stating that each 
feasibility report, proposed feasibility study, and pro-
posed modification to a project or project study in-
cluded in the annual report meets the criteria estab-
lished in paragraph (1)(A). 
(4) APPENDIX.—The Secretary shall include in 
the annual report an appendix listing the proposals 
submitted under subsection (b) that were not included 
in the annual report under paragraph (1)(A) and a 
description of why the Secretary determined that 
those proposals did not meet the criteria for inclusion 
under such paragraph. 
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(d) SPECIAL RULE FOR INITIAL ANNUAL REPORT.— 
Notwithstanding any other deadlines required by this sec-
tion, the Secretary shall— 
(1) not later than 60 days after the date of en-
actment of this Act, publish in the Federal Register 
a notice required by subsection (b)(1); and 
(2) include in such notice a requirement that 
non-Federal interests submit to the Secretary any 
proposals described in subsection (b)(1) by not later 
than 120 days after the date of publication of such 
notice in the Federal Register in order for such pro-
posals to be considered for inclusion in the first an-
nual report developed by the Secretary under this sec-
tion. 
(e) PUBLICATION.—Upon submission of an annual re-
port to Congress, the Secretary shall make the annual report 
publicly available, including through publication on the 
Internet. 
(f) DEFINITION.—In this section, the term ‘‘project re-
port’’ means a final feasibility report developed under the 
Reclamation Act of 1902 (32 Stat. 388), and all Acts 
amendatory thereof or supplementary thereto. 
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153 
TITLE 
IX—ACCELERATED 
REV-
ENUE, REPAYMENT, AND SUR-
FACE WATER STORAGE EN-
HANCEMENT 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Accelerated Revenue, 
Repayment, and Surface Water Storage Enhancement Act’’. 
SEC. 902. PREPAYMENT OF CERTAIN REPAYMENT CON-
TRACTS BETWEEN THE UNITED STATES AND 
CONTRACTORS OF FEDERALLY DEVELOPED 
WATER SUPPLIES. 
(a) CONVERSION AND PREPAYMENT OF CONTRACTS.— 
(1) CONVERSION.—Upon request of the con-
tractor, the Secretary of the Interior shall convert any 
water service contract in effect on the date of enact-
ment of this Act and between the United States and 
a water users’ association to allow for prepayment of 
the repayment contract pursuant to paragraph (2) 
under mutually agreeable terms and conditions. The 
manner of conversion under this paragraph shall be 
as follows: 
(A) Water service contracts that were en-
tered into under section 9(e) of the Act of August 
4, 1939 (53 Stat. 1196), to be converted under 
this section shall be converted to repayment con-
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154 
tracts under section 9(d) of that Act (53 Stat. 
1195). 
(B) Water service contracts that were en-
tered under subsection (c)(2) of section 9 of the 
Act of August 4, 1939 (53 Stat. 1194), to be con-
verted under this section shall be converted to a 
contract under subsection (c)(1) of section 9 of 
that Act (53 Stat. 1195). 
(2) 
PREPAYMENT.—All 
repayment 
contracts 
under section 9(d) of that Act (53 Stat. 1195) in ef-
fect on the date of enactment of this Act at the request 
of the contractor, and all contracts converted pursu-
ant to paragraph (1)(A) shall— 
(A) provide for the repayment, either in 
lump sum or by accelerated prepayment, of the 
remaining construction costs identified in water 
project specific irrigation rate repayment sched-
ules, as adjusted to reflect payment not reflected 
in such schedule, and properly assignable for ul-
timate return by the contractor, or if made in 
approximately equal installments, no later than 
3 years after the effective date of the repayment 
contract, such amount to be discounted by 1⁄2 the 
Treasury rate. An estimate of the remaining con-
struction costs, as adjusted, shall be provided by 
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155 
the Secretary to the contractor no later than 90 
days following receipt of request of the con-
tractor; 
(B) require that construction costs or other 
capitalized costs incurred after the effective date 
of the contract or not reflected in the rate sched-
ule referenced in subparagraph (A), and prop-
erly assignable to such contractor shall be repaid 
in not more than 5 years after notification of the 
allocation if such amount is a result of a collec-
tive annual allocation of capital costs to the con-
tractors exercising contract conversation under 
this subsection of less than $5,000,000. If such 
amount is $5,000,000 or greater, such cost shall 
be repaid as provided by applicable reclamation 
law; 
(C) provide that power revenues will not be 
available to aid in repayment of construction 
costs allocated to irrigation under the contract; 
and 
(D) continue so long as the contractor pays 
applicable charges, consistent with section 9(d) of 
the Act of August 4, 1939 (53 Stat. 1195), and 
applicable law. 
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157 
contract conversation under this subsection of 
less than $5,000,000. If such amount is 
$5,000,000 or greater, such cost shall be repaid 
as provided by applicable reclamation law. 
(C) Continue so long as the contractor pays 
applicable 
charges, 
consistent 
with 
section 
9(c)(1) of the Act of August 4, 1939 (53 Stat. 
1195), and applicable law. 
(4) CONDITIONS.—All contracts entered into pur-
suant to paragraphs (1), (2), and (3) shall— 
(A) not be adjusted on the basis of the type 
of prepayment financing used by the water users’ 
association; 
(B) conform to any other agreements, such 
as applicable settlement agreements and new 
constructed appurtenant facilities; and 
(C) not modify other water service, repay-
ment, exchange and transfer contractual rights 
between the water users’ association, and the Bu-
reau of Reclamation, or any rights, obligations, 
or relationships of the water users’ association 
and their landowners as provided under State 
law. 
(b) ACCOUNTING.—The amounts paid pursuant to sub-
section (a) shall be subject to adjustment following a final 
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cost allocation by the Secretary of the Interior. In the event 
that the final cost allocation indicates that the costs prop-
erly assignable to the contractor are greater than what has 
been paid by the contractor, the contractor shall be obligated 
to pay the remaining allocated costs. The term of such addi-
tional repayment contract shall be not less than one year 
and not more than 10 years, however, mutually agreeable 
provisions regarding the rate of repayment of such amount 
may be developed by the parties. In the event that the final 
cost allocation indicates that the costs properly assignable 
to the contractor are less than what the contractor has paid, 
the Secretary shall credit such overpayment as an offset 
against any outstanding or future obligation of the con-
tractor. 
(c) APPLICABILITY OF CERTAIN PROVISIONS.— 
(1) EFFECT OF EXISTING LAW.—Upon a contrac-
tor’s compliance with and discharge of the obligation 
of repayment of the construction costs pursuant to a 
contract 
entered 
into 
pursuant 
to 
subsection 
(a)(2)(A), subsections (a) and (b) of section 213 of the 
Reclamation Reform Act of 1982 (96 Stat. 1269) shall 
apply to affected lands. 
(2) EFFECT OF OTHER OBLIGATIONS.—The obli-
gation of a contractor to repay construction costs or 
other 
capitalized 
costs 
described 
in 
subsection 
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(a)(2)(B), (a)(3)(B), or (b) shall not affect a contrac-
tor’s status as having repaid all of the construction 
costs assignable to the contractor or the applicability 
of subsections (a) and (b) of section 213 of the Rec-
lamation Reform Act of 1982 (96 Stat. 1269) once the 
amount required to be paid by the contractor under 
the repayment contract entered into pursuant to sub-
section (a)(2)(A) have been paid. 
(d) EFFECT ON EXISTING LAW NOT ALTERED.—Im-
plementation of the provisions of this title shall not alter— 
(1) the repayment obligation of any water serv-
ice or repayment contractor receiving water from the 
same water project, or shift any costs that would oth-
erwise have been properly assignable to the water 
users’ association identified in subsections (a)(1), 
(a)(2), and (a)(3) absent this section, including oper-
ation and maintenance costs, construction costs, or 
other capitalized costs incurred after the date of the 
enactment of this Act, or to other contractors; and 
(2) specific requirements for the disposition of 
amounts received as repayments by the Secretary 
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.). 
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(e) SURFACE WATER STORAGE ENHANCEMENT PRO-
GRAM.— 
(1) IN GENERAL.—Except as provided in sub-
section (d)(2), three years following the date of enact-
ment of this Act, 50 percent of receipts generated from 
prepayment of contracts under this section beyond 
amounts necessary to cover the amount of receipts for-
gone from scheduled payments under current law for 
the 10-year period following the date of enactment of 
this Act shall be directed to the Reclamation Surface 
Water Storage Account under paragraph (2). 
(2) SURFACE
STORAGE
ACCOUNT.—The Sec-
retary shall allocate amounts collected under para-
graph (1) into the ‘‘Reclamation Surface Storage Ac-
count’’ to fund the construction of surface water stor-
age. The Secretary may also enter into cooperative 
agreements with water users’ associations for the con-
struction of surface water storage and amounts with-
in the Surface Storage Account may be used to fund 
such construction. Surface water storage projects that 
are otherwise not federally authorized shall not be 
considered Federal facilities as a result of any 
amounts allocated from the Surface Storage Account 
for part or all of such facilities. 
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(3) REPAYMENT.—Amounts used for surface 
water storage construction from the Account shall be 
fully reimbursed to the Account consistent with the re-
quirements under Federal reclamation law (the law 
(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.) except that all funds 
reimbursed shall be deposited in the Account estab-
lished under paragraph (2). 
(4) AVAILABILITY
OF
AMOUNTS.—Amounts de-
posited in the Account under this subsection shall— 
(A) be made available in accordance with 
this section, subject to appropriation; and 
(B) be in addition to amounts appropriated 
for such purposes under any other provision of 
law. 
(5) PURPOSES OF SURFACE WATER STORAGE.— 
Construction of surface water storage under this sec-
tion shall be made for the following purposes: 
(A) Increased municipal and industrial 
water supply. 
(B) Agricultural floodwater, erosion, and 
sedimentation reduction. 
(C) Agricultural drainage improvements. 
(D) Agricultural irrigation. 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
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H2898
SSpencer on DSK3TPTVN1PROD with BILLS