or cooperating agency, as applicable, in the envi-
ronmental review process for the project study. 
(B) DEADLINE.—An invitation to partici-
pate issued under subparagraph (A) shall set a 
deadline by which a response to the invitation 
shall be submitted, which may be extended by the 
Federal lead agency for good cause. 
(4) PROCEDURES.—Section 1501.6 of title 40, 
Code of Federal Regulations (as in effect on the date 
of enactment of this Act), shall govern the identifica-
tion and the participation of a cooperating agency. 
(5) FEDERAL
COOPERATING
AGENCIES.—Any 
Federal agency that is invited by the Federal lead 
agency to participate in the environmental review 
process for a project study shall be designated as a co-
operating agency by the Federal lead agency unless 
the invited agency informs the Federal lead agency, 
in writing, by the deadline specified in the invitation 
that the invited agency— 
(A)(i) has no jurisdiction or authority with 
respect to the project; 
(ii) has no expertise or information relevant 
to the project; or 
(iii) does not have adequate funds to par-
ticipate in the project; and 
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(B) does not intend to submit comments on 
the project. 
(6) ADMINISTRATION.—A participating or co-
operating agency shall comply with this section and 
any schedule established under this section. 
(7) EFFECT OF DESIGNATION.—Designation as a 
participating or cooperating agency under this sub-
section shall not imply that the participating or co-
operating agency— 
(A) supports a proposed project; or 
(B) has any jurisdiction over, or special ex-
pertise with respect to evaluation of, the project. 
(8) CONCURRENT REVIEWS.—Each participating 
or cooperating agency shall— 
(A) carry out the obligations of that agency 
under other applicable law concurrently and in 
conjunction with the required environmental re-
view process, unless doing so would prevent the 
participating or cooperating agency from con-
ducting needed analysis or otherwise carrying 
out those obligations; and 
(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of the envi-
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ronmental review process in a timely, coordi-
nated, and environmentally responsible manner. 
(e) NON-FEDERAL PROJECTS INTEGRATED INTO REC-
LAMATION SYSTEMS.—The Federal lead agency shall serve 
in that capacity for the entirety of all non-Federal projects 
that will be integrated into a larger system owned, operated 
or administered in whole or in part by the Bureau of Rec-
lamation or the Bureau of Indian Affairs. 
(f) NON-FEDERAL PROJECT.—If the Secretary deter-
mines that a project can be expedited by a non-Federal 
sponsor and that there is a demonstrable Federal interest 
in expediting that project, the Secretary shall take such ac-
tions as are necessary to advance such a project as a non- 
Federal project, including, but not limited to, entering into 
agreements with the non-Federal sponsor of such project to 
support the planning, design and permitting of such project 
as a non-Federal project. 
(g) PROGRAMMATIC COMPLIANCE.— 
(1) IN
GENERAL.—The Secretary shall issue 
guidance regarding the use of programmatic ap-
proaches to carry out the environmental review proc-
ess that— 
(A) eliminates repetitive discussions of the 
same issues; 
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(B) focuses on the actual issues ripe for 
analyses at each level of review; 
(C) establishes a formal process for coordi-
nating with participating and cooperating agen-
cies, including the creation of a list of all data 
that are needed to carry out an environmental 
review process; and 
(D) complies with— 
(i) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
(ii) all other applicable laws. 
(2) REQUIREMENTS.—In carrying out para-
graph (1), the Secretary shall— 
(A) as the first step in drafting guidance 
under that paragraph, consult with relevant Fed-
eral, State, and local governmental agencies, In-
dian tribes, and the public on the appropriate 
use and scope of the programmatic approaches; 
(B) emphasize the importance of collabora-
tion among relevant Federal, State, and local 
governmental agencies, and Indian tribes in un-
dertaking programmatic reviews, especially with 
respect to including reviews with a broad geo-
graphical scope; 
(C) ensure that the programmatic reviews— 
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(i) promote transparency, including of 
the analyses and data used in the environ-
mental review process, the treatment of any 
deferred issues raised by Federal, State, and 
local governmental agencies, Indian tribes, 
or the public, and the temporal and special 
scales to be used to analyze those issues; 
(ii) use accurate and timely informa-
tion in the environmental review process, 
including— 
(I) criteria for determining the 
general duration of the usefulness of 
the review; and 
(II) the timeline for updating any 
out-of-date review; 
(iii) describe— 
(I) the relationship between pro-
grammatic analysis and future tiered 
analysis; and 
(II) the role of the public in the 
creation of future tiered analysis; and 
(iv) are available to other relevant 
Federal, State, and local governmental 
agencies, Indian tribes, and the public; 
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(D) allow not fewer than 60 days of public 
notice and comment on any proposed guidance; 
and 
(E) address any comments received under 
subparagraph (D). 
(h) COORDINATED REVIEWS.— 
(1) COORDINATION PLAN.— 
(A) ESTABLISHMENT.—The Federal lead 
agency shall, after consultation with and with 
the concurrence of each participating and co-
operating agency and the project sponsor or joint 
lead agency, as applicable, establish a plan for 
coordinating public and agency participation in, 
and comment on, the environmental review proc-
ess for a project study or a category of project 
studies. 
(B) SCHEDULE.— 
(i) IN
GENERAL.—As soon as prac-
ticable but not later than 45 days after the 
close of the public comment period on a 
draft environmental impact statement, the 
Federal lead agency, after consultation with 
and the concurrence of each participating 
and cooperating agency and the project 
sponsor or joint lead agency, as applicable, 
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shall establish, as part of the coordination 
plan established in subparagraph (A), a 
schedule for completion of the environmental 
review process for the project study. 
(ii) FACTORS FOR CONSIDERATION.— 
In establishing a schedule, the Secretary 
shall consider factors such as— 
(I) the responsibilities of partici-
pating and cooperating agencies under 
applicable laws; 
(II) the resources available to the 
project sponsor, joint lead agency, and 
other relevant Federal and State agen-
cies, as applicable; 
(III) the overall size and com-
plexity of the project; 
(IV) the overall schedule for and 
cost of the project; and 
(V) the sensitivity of the natural 
and historical resources that could be 
affected by the project. 
(iii) MODIFICATIONS.—The Secretary 
may— 
(I) lengthen a schedule established 
under clause (i) for good cause; and 
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(II) shorten a schedule only with 
concurrence of the affected partici-
pating and cooperating agencies and 
the project sponsor or joint lead agen-
cy, as applicable. 
(iv) DISSEMINATION.—A copy of a 
schedule established under clause (i) shall 
be— 
(I) provided to each participating 
and cooperating agency and the project 
sponsor or joint lead agency, as appli-
cable; and 
(II) made available to the public. 
(2) COMMENT
DEADLINES.—The Federal lead 
agency shall establish the following deadlines for com-
ment during the environmental review process for a 
project study: 
(A) DRAFT ENVIRONMENTAL IMPACT STATE-
MENTS.—For comments by Federal and State 
agencies and the public on a draft environmental 
impact statement, a period of not more than 60 
days after publication in the Federal Register of 
notice of the date of public availability of the 
draft environmental impact statement, unless— 
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(i) a different deadline is established 
by agreement of the Federal lead agency, the 
project sponsor or joint lead agency, as ap-
plicable, and all participating and cooper-
ating agencies; or 
(ii) the deadline is extended by the 
Federal lead agency for good cause. 
(B) OTHER ENVIRONMENTAL REVIEW PROC-
ESSES.—For all other comment periods estab-
lished by the Federal lead agency for agency or 
public comments in the environmental review 
process, a period of not more than 30 days after 
the date on which the materials on which com-
ment is requested are made available, unless— 
(i) a different deadline is established 
by agreement of the Federal lead agency, the 
project sponsor, or joint lead agency, as ap-
plicable, and all participating and cooper-
ating agencies; or 
(ii) the deadline is extended by the 
Federal lead agency for good cause. 
(3) DEADLINES FOR DECISIONS UNDER OTHER 
LAWS.—In any case in which a decision under any 
Federal law relating to a project study, including the 
issuance or denial of a permit or license, is required 
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to be made by the date described in subsection 
(i)(5)(B), the Secretary shall submit to the Committee 
on Natural Resources of the House of Representatives 
and the Committees on Energy and Natural Re-
sources and Indian Affairs of the Senate— 
(A) as soon as practicable after the 180-day 
period described in subsection (i)(5)(B), an ini-
tial notice of the failure of the Federal agency to 
make the decision; and 
(B) every 60 days thereafter until such date 
as all decisions of the Federal agency relating to 
the project study have been made by the Federal 
agency, an additional notice that describes the 
number of decisions of the Federal agency that 
remain outstanding as of the date of the addi-
tional notice. 
(4) INVOLVEMENT OF THE PUBLIC.—Nothing in 
this subsection reduces any time period provided for 
public comment in the environmental review process 
under applicable Federal law (including regulations). 
(5) TRANSPARENCY REPORTING.— 
(A) REPORTING REQUIREMENTS.—Not later 
than 1 year after the date of enactment of this 
Act, the Secretary shall establish and maintain 
an electronic database and, in coordination with 
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other Federal and State agencies, issue reporting 
requirements to make publicly available the sta-
tus and progress with respect to compliance with 
applicable requirements of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and any other Federal, State, or local ap-
proval or action required for a project study for 
which this section is applicable. 
(B) PROJECT STUDY TRANSPARENCY.—Con-
sistent with the requirements established under 
subparagraph (A), the Secretary shall make pub-
licly available the status and progress of any 
Federal, State, Tribal, or local decision, action, 
or approval required under applicable laws for 
each project study for which this section is appli-
cable. 
(i) ISSUE IDENTIFICATION AND RESOLUTION.— 
(1) COOPERATION.—The Federal lead agency, the 
cooperating agencies, and any participating agencies 
shall work cooperatively in accordance with this sec-
tion to identify and resolve issues that could delay 
completion of the environmental review process or re-
sult in the denial of any approval required for the 
project study under applicable laws. 
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(2) 
FEDERAL
LEAD
AGENCY
RESPONSIBIL-
ITIES.— 
(A) IN GENERAL.—The Federal lead agency 
shall make information available to the cooper-
ating agencies and participating agencies as 
early as practicable in the environmental review 
process regarding the environmental and socio-
economic resources located within the project 
area and the general locations of the alternatives 
under consideration. 
(B) 
DATA
SOURCES.—The 
information 
under subparagraph (A) may be based on exist-
ing data sources, including geographic informa-
tion systems mapping. 
(3) COOPERATING AND PARTICIPATING AGENCY 
RESPONSIBILITIES.—Based on information received 
from the Federal lead agency, cooperating and par-
ticipating agencies shall identify, as early as prac-
ticable, any issues of concern regarding the potential 
environmental or socioeconomic impacts of the 
project, including any issues that could substantially 
delay or prevent an agency from granting a permit 
or other approval that is needed for the project study. 
(4) ACCELERATED ISSUE RESOLUTION AND ELE-
VATION.— 
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(A) IN GENERAL.—On the request of a par-
ticipating or cooperating agency or project spon-
sor, the Secretary shall convene an issue resolu-
tion meeting with the relevant participating and 
cooperating agencies and the project sponsor or 
joint lead agency, as applicable, to resolve issues 
that may— 
(i) delay completion of the environ-
mental review process; or 
(ii) result in denial of any approval 
required for the project study under appli-
cable laws. 
(B) MEETING DATE.—A meeting requested 
under this paragraph shall be held not later than 
21 days after the date on which the Secretary re-
ceives the request for the meeting, unless the Sec-
retary determines that there is good cause to ex-
tend that deadline. 
(C) NOTIFICATION.—On receipt of a request 
for a meeting under this paragraph, the Sec-
retary shall notify all relevant participating and 
cooperating agencies of the request, including the 
issue to be resolved and the date for the meeting. 
(D) ELEVATION OF ISSUE RESOLUTION.—If 
a resolution cannot be achieved within the 30- 
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day period beginning on the date of a meeting 
under this paragraph and a determination is 
made by the Secretary that all information nec-
essary to resolve the issue has been obtained, the 
Secretary shall forward the dispute to the heads 
of the relevant agencies for resolution. 
(E) CONVENTION BY SECRETARY.—The Sec-
retary may convene an issue resolution meeting 
under this paragraph at any time, at the discre-
tion of the Secretary, regardless of whether a 
meeting is requested under subparagraph (A). 
(5) FINANCIAL PENALTY PROVISIONS.— 
(A) IN GENERAL.—A Federal jurisdictional 
agency shall complete any required approval or 
decision for the environmental review process on 
an expeditious basis using the shortest existing 
applicable process. 
(B) FAILURE TO DECIDE.— 
(i) IN GENERAL.— 
(I) TRANSFER
OF
FUNDS.—If a 
Federal jurisdictional agency fails to 
render a decision required under any 
Federal law relating to a project study 
that requires the preparation of an en-
vironmental impact statement or envi-
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ronmental assessment, including the 
issuance or denial of a permit, license, 
statement, opinion, or other approval 
by the date described in clause (ii), the 
amount of funds made available to 
support the office of the head of the 
Federal jurisdictional agency shall be 
reduced by an amount of funding equal 
to the amount specified in item (aa) or 
(bb) of subclause (II), and those funds 
shall be made available to the division 
of the Federal jurisdictional agency 
charged with rendering the decision by 
not later than 1 day after the applica-
ble date under clause (ii), and once 
each week thereafter until a final deci-
sion is rendered, subject to subpara-
graph (C). 
(II) AMOUNT
TO
BE
TRANS-
FERRED.—The amount referred to in 
subclause (I) is— 
(aa) $20,000 for any project 
study requiring the preparation of 
an environmental assessment or 
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environmental impact statement; 
or 
(bb) $10,000 for any project 
study requiring any type of re-
view under the National Environ-
mental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) other than an 
environmental assessment or envi-
ronmental impact statement. 
(ii) DESCRIPTION OF DATE.—The date 
referred to in clause (i) is the later of— 
(I) the date that is 180 days after 
the date on which an application for 
the permit, license, or approval is com-
plete; and 
(II) the date that is 180 days 
after the date on which the Federal 
lead agency issues a decision on the 
project under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(C) LIMITATIONS.— 
(i) IN GENERAL.—No transfer of funds 
under subparagraph (B) relating to an in-
dividual project study shall exceed, in any 
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fiscal year, an amount equal to 1 percent of 
the funds made available for the applicable 
agency office. 
(ii) FAILURE TO DECIDE.—The total 
amount transferred in a fiscal year as a re-
sult of a failure by an agency to make a de-
cision by an applicable deadline shall not 
exceed an amount equal to 5 percent of the 
funds made available for the applicable 
agency office for that fiscal year. 
(iii) 
AGGREGATE.—Notwithstanding 
any other provision of law, for each fiscal 
year, the aggregate amount of financial 
penalties assessed against each applicable 
agency office under this Act and any other 
Federal law as a result of a failure of the 
agency to make a decision by an applicable 
deadline for environmental review, includ-
ing the total amount transferred under this 
paragraph, shall not exceed an amount 
equal to 9.5 percent of the funds made 
available for the agency office for that fiscal 
year. 
(D) NOTIFICATION
OF
TRANSFERS.—Not 
later than 10 days after the last date in a fiscal 
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year on which funds of the Federal jurisdictional 
agency may be transferred under subparagraph 
(B)(5) with respect to an individual decision, the 
agency shall submit to the appropriate commit-
tees of the House of Representatives and the Sen-
ate written notification that includes a descrip-
tion of— 
(i) the decision; 
(ii) the project study involved; 
(iii) the amount of each transfer under 
subparagraph (B) in that fiscal year relat-
ing to the decision; 
(iv) the total amount of all transfers 
under subparagraph (B) in that fiscal year 
relating to the decision; and 
(v) the total amount of all transfers of 
the agency under subparagraph (B) in that 
fiscal year. 
(E) NO FAULT OF AGENCY.— 
(i) IN GENERAL.—A transfer of funds 
under this paragraph shall not be made if 
the applicable agency described in subpara-
graph (A) notifies, with a supporting expla-
nation, the Federal lead agency, cooperating 
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agencies, and project sponsor, as applicable, 
that— 
(I) the agency has not received 
necessary information or approvals 
from another entity in a manner that 
affects the ability of the agency to meet 
any requirements under Federal, State, 
or local law; 
(II) significant new information, 
including from public comments, or 
circumstances, 
including 
a 
major 
modification to an aspect of the 
project, requires additional analysis 
for the agency to make a decision on 
the project application; or 
(III) the agency lacks the finan-
cial resources to complete the review 
under the scheduled timeframe, includ-
ing a description of the number of full- 
time employees required to complete 
the review, the amount of funding re-
quired to complete the review, and a 
justification as to why not enough 
funding is available to complete the re-
view by the deadline. 
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(ii) 
LACK
OF
FINANCIAL
RE-
SOURCES.—If the agency provides notice 
under clause (i)(III), the Inspector General 
of the agency shall— 
(I) conduct a financial audit to 
review the notice; and 
(II) not later than 90 days after 
the date on which the review described 
in subclause (I) is completed, submit to 
the Committee on Natural Resources of 
the House of Representatives and the 
Committee on Energy and Natural Re-
sources 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 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. 
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(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 
(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 
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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 
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; 
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(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 
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. 
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(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 
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.— 
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(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 and the Bureau of Indian Affairs 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, 
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 
of 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 
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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 
Committees on Energy and Natural Resources 
and Indian Affairs 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— 
(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 
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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 or Bureau of Indian Affairs project that 
is in operation or under construction when damaged by an 
event or incident that results in a declaration by the Presi-
dent of a major disaster or emergency pursuant to the Rob-
ert 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 relat-
ing to environmental assessments or environmental impact 
statements under section 1508.4 of title 40, Code of Federal 
Regulations (or successor regulations), if the repair or re-
construction activity is— 
(1) in the same location with the same capacity, 
dimensions, and design as the original Bureau of 
Reclamation or Bureau of Indian Affairs 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. 
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SEC. 6. 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 Committees on Energy and Natural Resources and 
Indian Affairs of the Senate an annual report, to be entitled 
‘‘Report to Congress on Future Water Project Develop-
ment’’, 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— 
(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-
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dited and any Secretarial determinations under sec-
tion 4 of this Act. 
(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. 
(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 Commit-
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tees on Energy and Natural Resources and In-
dian Affairs 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 or 
the Bureau of Indian Affairs; 
(ii) require specific congressional au-
thorization, including by an Act of Con-
gress; 
(iii) have not been congressionally au-
thorized; 
(iv) have not been included in any pre-
vious annual report; and 
(v) if authorized, could be carried out 
by the Bureau of Reclamation or the Bu-
reau of Indian Affairs. 
(B) DESCRIPTION OF BENEFITS.— 
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(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 
(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— 
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(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 
(II) the financial ability to pro-
vide the required non-Federal cost 
share. 
(2) TRANSPARENCY.—The Secretary shall in-
clude in the annual report, for each project report, 
proposed project study, and proposed modification to 
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a project or project study included under paragraph 
(1)(A)— 
(A) the name of the associated non-Federal 
interest, including the name of any non-Federal 
interest that has contributed, or is expected to 
contribute, a non-Federal share of the cost of— 
(i) the project report; 
(ii) the proposed project study; 
(iii) the authorized project study for 
which the modification is proposed; or 
(iv) construction of— 
(I) the project that is the subject 
of— 
(aa) the water report; 
(bb) the proposed project 
study; or 
(cc) the authorized project 
study for which a modification is 
proposed; or 
(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; 
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(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 
(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, 
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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. 
(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 
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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. 
SEC. 7. APPLICABILITY OF THE WIIN ACT. 
Sections 3221 through 3226, 4007 and 4009 of the 
WIIN Act (Public Law 114–322) shall not apply to any 
project (as defined in section 2 of this Act). 
SEC. 8. PROJECT AUTHORIZATIONS. 
The following projects for water resources development 
and conservation and other purposes, as identified in the 
following reports and correspondence are authorized to be 
carried out by the Secretary substantially in accordance 
with the plans, and subject to the conditions, described in 
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the respective reports and correspondence designated in this 
section: 
State 
Name 
Date of Fea-
sibility Re-
port 
Estimated Costs 
WA 
Yakima Basin 
Integrated 
Plan-Initial 
Development 
Phase 
March 2, 2012 
Non-Federal: $627,000,000 
Federal: $92,100,000 
Total: $719,100,000 
KS 
Equus Beds Divi-
sion of the 
Wichita Project 
January 19, 
2010 
Non-Federal: $90,000,000 
Federal: $30,000,000 
Total: $120,000,000 
MT 
Musselshell-Ju-
dith Rural 
Water System 
July 31, 2015 
Non-Federal: $21,801,000 
Federal: $65,301,000 
Total: $87,102,000 
SEC. 9. DEAUTHORIZATIONS. 
(a) PURPOSES; DEFINITIONS.— 
(1) PURPOSES.—The purposes of this section 
are— 
(A) to identify $187,401,000 in Bureau of 
Reclamation projects and programs that are no 
longer feasible due to— 
(i) a lack of local support; 
(ii) a lack of available Federal or non- 
Federal resources; or 
(iii) an authorized purpose that is no 
longer relevant or feasible; 
(B) to establish an efficient and transparent 
process for deauthorizing Bureau of Reclamation 
projects and programs that have failed to receive 
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a minimum level of investment, thereby ensuring 
active projects can move forward while reducing 
the backlog of authorized projects; 
(C) to create an expedited and definitive 
process to deauthorize Reclamation projects and 
programs; 
(D) to allow the continued authorization of 
programs and projects that are feasible; and 
(E) to establish a process for identifying au-
thorized Bureau of Reclamation projects and 
programs that are no longer— 
(i) in the Federal interest; or 
(ii) feasible. 
(2) DEFINITIONS.—In this section: 
(A) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of the Interior. 
(B) 
RECLAMATION
PROJECT
OR
PRO-
GRAM.—The term ‘‘Reclamation project and pro-
gram’’ includes any project or program that is 
administered by the Bureau of Reclamation. 
(b) COMPREHENSIVE REPORTS.— 
(1) MINIMUM
FUNDING
LIST.—Not later than 
180 days after the date of the enactment of this Act, 
the Secretary shall submit to the Committee on En-
ergy and Natural Resources of the Senate and the 
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Committee on Natural Resources of the House of Rep-
resentatives, and make available on a publicly acces-
sible 
Internet 
website 
in 
a 
manner 
that 
is 
downloadable, searchable, and sortable, a list of— 
(A) reclamation programs that are author-
ized and for which funding was obligated during 
the current fiscal year or any of the preceding 5 
fiscal years; 
(B) projects or separable elements of projects 
authorized for construction for which funding 
has been obligated during the current fiscal year 
or any of the 5 preceding fiscal years; and 
(C) for each project or element of a project 
listed pursuant to subparagraph (B)— 
(i) the amount of funding obligated for 
each such project or separable element per 
fiscal year; 
(ii) the current phase of each such 
project or separable element; and 
(iii) the amount required to complete 
the current phase of each such project or 
separable element. 
(2) BACKLOG REPORT.—With the report required 
under paragraph (1), the Secretary shall submit to 
the Committee on Energy and Natural Resources of 
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the Senate and the Committee on Natural Resources 
of the House of Representatives, and make available 
on a publicly accessible Internet website in a manner 
that is downloadable, searchable, and sortable, a list 
of— 
(A) programs that are authorized and for 
which funding was not obligated during the cur-
rent fiscal year or any of the preceding 5 fiscal 
years; 
(B) projects or separable elements that are 
authorized for construction but have not been 
completed; and 
(C) for each project or separable element 
listed pursuant to subparagraph (B)— 
(i) the date of authorization of the 
project or separable element, including any 
subsequent modifications to the original au-
thorization; 
(ii) the original budget authority for 
the project or separable element; 
(iii) a brief description of the project 
or separable element; 
(iv) the estimated date of completion of 
the project or separable element; 
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(v) the estimated cost of completion of 
the project or separable element; and 
(vi) any amounts appropriated for the 
project or separable element that remain 
unobligated. 
(c) INTERIM DEAUTHORIZATION LIST.— 
(1) IN GENERAL.—The Secretary shall develop 
an interim deauthorization list that identifies each 
Reclamation program or project, or separable element 
of a program or project, authorized 5 years prior to 
enactment of this Act, for which Federal and non- 
Federal funding was obligated to before the date of the 
enactment of this Act, but for which no Federal or 
non-Federal funds were obligated for the program, 
project, or separable element of the program or project 
during the current fiscal year or any of the 5 pre-
ceding fiscal years. 
(2) SPECIAL
RULE
FOR
PROJECTS
RECEIVING 
FUNDS FOR POST-AUTHORIZATION STUDY.—A project 
or separable element of a project may not be identi-
fied on the interim deauthorization list, or the final 
deauthorization list developed under subsection (d), if 
the project or separable element received Federal fund-
ing for a post-authorization study during the current 
fiscal year or any of the 5 preceding fiscal years. 
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(3) PUBLIC COMMENT AND CONSULTATION.—The 
Secretary shall solicit comments from the public and 
the Governors of each applicable State on the interim 
deauthorization list developed under paragraph (1). 
The public comment period shall be 90 days. 
(4) SUBMISSION TO CONGRESS; PUBLICATION.— 
Not later than 90 days after the date of the submis-
sion of the list required by subsection (b), the Sec-
retary shall— 
(A) submit the interim deauthorization list 
to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Nat-
ural Resources of the House of Representatives; 
and 
(B) publish the interim deauthorization list 
in the Federal Register. 
(d) FINAL DEAUTHORIZATION LIST.— 
(1) IN GENERAL.—The Secretary shall develop a 
final deauthorization list of each Reclamation pro-
gram or project, or separable element of a program or 
project, described in subsection (c)(1) that is identi-
fied pursuant to this subsection. 
(2) DEAUTHORIZATION AMOUNT.—The Secretary 
shall include on the final deauthorization list projects 
and separable elements of projects that have, in the 
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aggregate, an estimated Federal cost to complete that 
is at least $187,401,000. 
(3) IDENTIFICATION OF PROJECTS.— 
(A) SEQUENCING OF PROJECTS.— 
(i) IN GENERAL.—The Secretary shall 
identify projects and separable elements of 
projects for inclusion on the final deauthor-
ization list according to the order in which 
the projects and separable elements of the 
projects were authorized, beginning with the 
earliest authorized projects and separable 
elements of projects and ending once the last 
project or separable element of a project nec-
essary to meet the aggregate amount under 
paragraph (2) is identified. 
(ii) FACTORS TO CONSIDER.—The Sec-
retary may identify programs, projects, and 
separable elements of programs and projects 
for exclusion from the final deauthorization 
list if the Secretary determines, on a case- 
by-case basis, that a project or separable ele-
ment of a project is critical for interests of 
the United States, based on the possible im-
pact of the project or separable element of 
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the project on public health and safety, the 
national economy, or the environment. 
(iii) CONSIDERATION OF PUBLIC COM-
MENTS.—In making determinations under 
clauses (i) and (ii), the Secretary shall con-
sider any comments received under sub-
section (c)(3). 
(B) APPENDIX.—The Secretary shall in-
clude as part of the final deauthorization list an 
appendix that— 
(i) identifies each program, project, 
and separable element of a program or 
project on the interim deauthorization list 
developed under subsection (c) that is not 
included on the final deauthorization list; 
and 
(ii) describes the reasons why the pro-
gram, project, or separable element is not 
included. 
(4) SUBMISSION TO CONGRESS; PUBLICATION.— 
Not later than 120 days after the date on which the 
public comment period under subsection (c)(3) ex-
pires, the Secretary shall— 
(A) submit the final deauthorization list 
and the appendix to the final deauthorization 
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list to the Committee on Energy and Natural 
Resources of the Senate and the Committee on 
Natural Resources of the House of Representa-
tives; and 
(B) publish the final deauthorization list 
and the appendix to the final deauthorization 
list in the Federal Register. 
(e) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 
(1) IN
GENERAL.—Subject to paragraph (2), 
after the date that is 180 days after the date of sub-
mission of the final deauthorization report under sub-
section (d), a program, project, or separable element 
of a program or project identified in the report is de-
authorized, unless Congress passes a joint resolution 
disapproving the final deauthorization report prior to 
the end of that period. 
(2) NON-FEDERAL CONTRIBUTIONS.—A program, 
project, or separable element of a program or project 
identified in the final deauthorization report under 
subsection (d) shall not be deauthorized under this 
subsection if, before the expiration of the 180-day pe-
riod referred to in paragraph (1), the non-Federal in-
terest of the program, project, or separable element of 
the project provides sufficient funds to complete the 
program, project, or separable element of the project. 
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(f) TREATMENT OF PROJECT MODIFICATIONS.—For 
purposes of this section, if an authorized water resources 
development program, project, or separable element of the 
program or project has been modified by an Act of Congress, 
the date of authorization of the program, project, or sepa-
rable element shall be deemed to be the date of the most 
recent modification. 
(g) EXEMPTION.—This section shall not apply to any 
project that would yield more than 200,000 acre-feet of 
water per year on average. 
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Union Calendar No. 782 
115TH CONGRESS 
2D SESSION 
H. R. 4419 
[Report No. 115–1001] 
A BILL 
To facilitate and streamline the Bureau of Rec-
lamation and Bureau of Indian Affairs processes 
for creating or expanding certain water projects, 
and for other purposes. 
NOVEMBER 2, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
21:33 Nov 02, 2018
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