‘‘(2) IMPLEMENTATION
OF
PLAN.—The Sec-
retary shall implement the plan required by para-
graph (1) commencing on October 1, 2017. In order 
to carry out this subsection, the Secretary shall co-
ordinate with the State of California in imple-
menting measures for the long-term resolution of 
problems in the San Francisco Bay/Sacramento-San 
Joaquin Delta Estuary. 
‘‘(3) FAILURE OF THE PLAN.—Notwithstanding 
any other provision of Federal reclamation law, if by 
September 30, 2018, the plan required by paragraph 
(1) fails to increase the annual delivery capability of 
the Central Valley Project by 800,000 acre-feet, im-
plementation of any non-mandatory action under 
section 3406(b)(2) shall be suspended until the plan 
achieves an increase in the annual delivery capability 
of the Central Valley Project by 800,000 acre-feet.’’. 
(d) TECHNICAL CORRECTION.—Section 3408(h) of 
the Central Valley Project Improvement Act (106 Stat. 
4729) is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(h)(2)’’ and inserting ‘‘paragraph (2)’’; and 
(2) in paragraph (2), by striking ‘‘paragraph 
(h)(i)’’ and inserting ‘‘paragraph (1)’’. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(e) WATER STORAGE PROJECT CONSTRUCTION.— 
The Secretary, acting through the Commissioner of the 
Bureau of Reclamation, may partner or enter into an 
agreement on the water storage projects identified in sec-
tion 103(d)(1) of the Water Supply Reliability, and Envi-
ronmental Improvement Act (Public Law 108–361) (and 
Acts supplemental and amendatory to the Act) with local 
joint powers authorities formed pursuant to State law by 
irrigation districts and other local water districts and local 
governments within the applicable hydrologic region, to 
advance these projects. No additional Federal funds are 
authorized for the activities authorized in sections 
103(d)(1)(A)(i), 103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of 
Public Law 108–361. However, each water storage project 
under sections 103(d)(1)(A)(i), 103(d)(1)(A)(ii), and 
103(d)(1)(A)(iii) of Public Law 108–361 is authorized for 
construction if non-Federal funds are used for financing 
and constructing the project. 
SEC. 108. BAY-DELTA ACCORD. 
(a) CONGRESSIONAL DIRECTION REGARDING CEN-
TRAL VALLEY PROJECT AND CALIFORNIA STATE WATER 
PROJECT OPERATIONS.—The Central Valley Project and 
the State Water Project shall be operated pursuant to the 
water quality standards and operational constraints de-
scribed in the ‘‘Principles for Agreement on the Bay-Delta 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
Standards Between the State of California and the Fed-
eral Government’’ dated December 15, 1994, and such op-
erations shall proceed without regard to the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) or any other 
law pertaining to the operation of the Central Valley 
Project and the California State Water Project. Imple-
mentation of this section shall be in strict conformance 
with the ‘‘Principles for Agreement on the Bay-Delta 
Standards Between the State of California and the Fed-
eral Government’’ dated December 15, 1994. 
(b) APPLICATION OF LAWS TO OTHERS.—Neither a 
Federal department nor the State of California, including 
any agency or board of the State of California, shall im-
pose on any water right obtained pursuant to State law, 
including a pre-1914 appropriative right, any condition 
that restricts the exercise of that water right in order to 
conserve, enhance, recover or otherwise protect any species 
that is affected by operations of the Central Valley Project 
or California State Water Project. Nor shall the State of 
California, including any agency or board of the State of 
California, restrict the exercise of any water right obtained 
pursuant to State law, including a pre-1914 appropriative 
right, in order to protect, enhance, or restore under the 
Public Trust Doctrine any public trust value. Implementa-
tion of the ‘‘Principles for Agreement on the Bay-Delta 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
Standards Between the State of California and the Fed-
eral Government’’ dated December 15, 1994, shall be in 
strict compliance with the water rights priority system and 
statutory protections for areas of origin. 
(c) COSTS.—No cost associated with the implementa-
tion of this section shall be imposed directly or indirectly 
on any Central Valley Project contractor, or any other per-
son or entity, unless such costs are incurred on a voluntary 
basis. 
(d) NATIVE SPECIES PROTECTION.—California law is 
preempted with respect to any restriction on the quantity 
or size of nonnative fish taken or harvested that preys 
upon one or more native fish species that occupy the Sac-
ramento and San Joaquin Rivers and their tributaries or 
the Sacramento-San Joaquin Rivers Delta. 
SEC. 109. NATURAL AND ARTIFICIALLY SPAWNED SPECIES. 
After the date of the enactment of this title, and re-
gardless of the date of listing, the Secretaries of the Inte-
rior and Commerce shall not distinguish between natural- 
spawned and hatchery-spawned or otherwise artificially 
propagated strains of a species in making any determina-
tion under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) that relates to any anadromous fish 
species present in the Sacramento and San Joaquin Rivers 
or their tributaries and ascend those rivers and their trib-
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
utaries to reproduce after maturing in San Francisco Bay 
or the Pacific Ocean. 
SEC. 110. REGULATORY STREAMLINING. 
(a) APPLICABILITY OF CERTAIN LAWS.—Filing of a 
Notice of Determination or a Notice of Exemption for any 
project, including the issuance of a permit under State 
law, related to any project of the CVP or the delivery of 
water therefrom in accordance with the California Envi-
ronmental Quality Act shall be deemed to meet the re-
quirements of section 102(2)(C) of the National Environ-
mental Protection Act of 1969 (42 U.S.C. 4332(2)(C)) for 
that project or permit. 
(b) CONTINUATION OF PROJECT.—The Bureau of 
Reclamation shall not be required to cease or modify any 
major Federal action or other activity related to any 
project of the CVP or the delivery of water there from 
pending completion of judicial review of any determination 
made under the National Environmental Protection Act 
of 1969 (42 U.S.C. 4332(2)(C)). 
(c) PROJECT DEFINED.—For the purposes of this 
section: 
(1) CVP.—The term ‘‘CVP’’ means the Central 
Valley Project. 
(2) PROJECT.—The term ‘‘project’’— 
(A) means an activity that— 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(i) is undertaken by a public agency, 
funded by a public agency, or that requires 
an issuance of a permit by a public agency; 
(ii) has a potential to result in phys-
ical change to the environment; and 
(iii) may be subject to several discre-
tionary approvals by governmental agen-
cies; 
(B) may include construction activities, 
clearing or grading of land, improvements to 
existing structures, and activities or equipment 
involving the issuance of a permit; or 
(C) as defined under the California Envi-
ronmental Quality Act in section 21065 of the 
California Public Resource Code. 
SEC. 111. ADDITIONAL EMERGENCY CONSULTATION. 
For adjustments to operating criteria other than 
under section 108 or to take urgent actions to address 
water supply shortages for the least amount of time or 
volume of diversion necessary as determined by the Com-
missioner of Reclamation, no mitigation measures shall be 
required during any year that the Sacramento Valley 
index is 6.5 or lower, or at the request of the State of 
California, and until two succeeding years following either 
of those events have been completed where the final Sac-
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
ramento Valley Index is 7.8 or greater, and any mitigation 
measures imposed must be based on quantitative data and 
required only to the extent that such data demonstrates 
actual harm to species. 
SEC. 112. REGARDING THE OPERATION OF FOLSOM RES-
ERVOIR. 
The Secretary of the Interior, in collaboration with 
the Sacramento Water Forum, shall expedite evaluation, 
completion and implementation of the Modified Lower 
American River Flow Management Standard developed by 
the Water Forum in 2015 to improve water supply reli-
ability for Central Valley Project American River water 
contractors and resource protection in the lower American 
River during consecutive dry years under current and fu-
ture demand and climate change conditions. 
SEC. 113. APPLICANTS. 
In the event that the Bureau of Reclamation or an-
other Federal agency initiates or reinitiates consultation 
with the U.S. Fish and Wildlife Service or the National 
Marine Fisheries Service under section 7(a)(2) of the En-
dangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), 
with respect to construction or operation of the Central 
Valley Project and State Water Project, or any part there-
of, the State Water Project contractors and the Central 
Valley Project contractors will be accorded all the rights 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
and responsibilities extended to applicants in the consulta-
tion process. 
SEC. 114. SAN JOAQUIN RIVER SETTLEMENT. 
(a) CALIFORNIA STATE LAW SATISFIED BY WARM 
WATER FISHERY.— 
(1) IN GENERAL.—Sections 5930 through 5948 
of the California Fish and Game Code, and all appli-
cable Federal laws, including the San Joaquin River 
Restoration Settlement Act (Public Law 111–11) 
and the Stipulation of Settlement (Natural Re-
sources Defense Council, et al. v. Kirk Rodgers, et 
al., Eastern District of California, No. Civ. S–88– 
1658–LKK/GGH), shall be satisfied by the existence 
of a warm water fishery in the San Joaquin River 
below Friant Dam, but upstream of Gravelly Ford. 
(2) DEFINITION OF WARM WATER FISHERY.— 
For the purposes of this section, the term ‘‘warm 
water fishery’’ means a water system that has an 
environment suitable for species of fish other than 
salmon (including all subspecies) and trout (includ-
ing all subspecies). 
(b) REPEAL OF THE SAN JOAQUIN RIVER SETTLE-
MENT.—As of the date of enactment of this section, the 
Secretary of the Interior shall cease any action to imple-
ment the San Joaquin River Restoration Settlement Act 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(subtitle A of title X of Public Law 111–11) and the Stip-
ulation of Settlement (Natural Resources Defense Council, 
et al. v. Kirk Rodgers, et al., Eastern District of Cali-
fornia, No. Civ. S–88–1658 LKK/GGH). 
TITLE II—CALFED STORAGE 
FEASIBILITY STUDIES 
SEC. 201. STUDIES. 
The Secretary of the Interior, through the Commis-
sioner of Reclamation, shall— 
(1) complete the feasibility studies described in 
clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of 
Public Law 108–361 (118 Stat. 1684) and submit 
such studies to the appropriate committees of the 
House of Representatives and the Senate not later 
than December 31, 2017; 
(2) complete the feasibility study described in 
clause (i)(II) of section 103(d)(1)(A) of Public Law 
108–361 and submit such study to the appropriate 
committees of the House of Representatives and the 
Senate not later than November 30, 2018; 
(3) complete a publicly available draft of the 
feasibility study described in clause (ii)(I) of section 
103(d)(1)(A) of Public Law 108–361 and submit 
such study to the appropriate committees of the 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
House of Representatives and the Senate not later 
than November 30, 2018; 
(4) complete the feasibility study described in 
clause (ii)(I) of section 103(d)(1)(A) of Public Law 
108–361 and submit such study to the appropriate 
committees of the House of Representatives and the 
Senate not later than November 30, 2019; 
(5) complete the feasibility study described in 
section 103(f)(1)(A) of Public Law 108–361 (118 
Stat. 1694) and submit such study to the appro-
priate committees of the House of Representatives 
and the Senate not later than December 31, 2019; 
(6) provide a progress report on the status of 
the feasibility studies referred to in paragraphs (1) 
through (3) to the appropriate committees of the 
House of Representatives and the Senate not later 
than 90 days after the date of the enactment of this 
Act and each 180 days thereafter until December 
31, 2019, as applicable. The report shall include 
timelines for study completion, draft environmental 
impact statements, final environmental impact state-
ments, and Records of Decision; 
(7) in conducting any feasibility study under 
this Act, the reclamation laws, the Central Valley 
Project Improvement Act (title XXXIV of Public 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
Law 102–575; 106 Stat. 4706), the Fish and Wild-
life Coordination Act (16 U.S.C. 661 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), and other applicable law, for the purposes of 
determining feasibility the Secretary shall document, 
delineate, and publish costs directly relating to the 
engineering and construction of a water storage 
project separately from the costs resulting from reg-
ulatory compliance or the construction of auxiliary 
facilities necessary to achieve regulatory compliance; 
and 
(8) communicate, coordinate and cooperate with 
public water agencies that contract with the United 
States for Central Valley Project water and that are 
expected to participate in the cost pools that will be 
created for the projects proposed in the feasibility 
studies under this section. 
SEC. 202. TEMPERANCE FLAT. 
(a) DEFINITIONS.—For the purposes of this section: 
(1) PROJECT.—The term ‘‘Project’’ means the 
Temperance Flat Reservoir Project on the Upper 
San Joaquin River. 
(2) RMP.—The term ‘‘RMP’’ means the docu-
ment titled ‘‘Bakersfield Field Office, Record of De-
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
cision and Approved Resource Management Plan’’, 
dated December 2014. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) APPLICABILITY OF RMP.—The RMP and find-
ings related thereto shall have no effect on or applicability 
to the Secretary’s determination of feasibility of, or on any 
findings or environmental review documents related to— 
(1) the Project; or 
(2) actions taken by the Secretary pursuant to 
section 103(d)(1)(A)(ii)(II) of the Bay-Delta Au-
thorization Act (title I of Public Law 108–361). 
(c) DUTIES OF SECRETARY UPON DETERMINATION 
OF FEASIBILITY.—If the Secretary finds the Project to 
be feasible, the Secretary shall manage the land rec-
ommended in the RMP for designation under the Wild and 
Scenic Rivers Act (16 U.S.C. 1271 et seq.) in a manner 
that does not impede any environmental reviews, 
preconstruction, construction, or other activities of the 
Project, regardless of whether or not the Secretary sub-
mits any official recommendation to Congress under the 
Wild and Scenic Rivers Act. 
(d) RESERVED WATER RIGHTS.—Effective Decem-
ber 22, 2017, there shall be no Federal reserved water 
rights to any segment of the San Joaquin River related 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
to the Project as a result of any designation made under 
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). 
SEC. 203. CALFED STORAGE ACCOUNTABILITY. 
If the Secretary of the Interior fails to provide the 
feasibility studies described in section 201 to the appro-
priate committees of the House of Representatives and the 
Senate by the times prescribed, the Secretary shall notify 
each committee chair individually in person on the status 
of each project once a month until the feasibility study 
for that project is provided to Congress. 
SEC. 204. WATER STORAGE PROJECT CONSTRUCTION. 
(a) PARTNERSHIP
AND AGREEMENTS.—The Sec-
retary of the Interior, acting through the Commissioner 
of the Bureau of Reclamation, may partner or enter into 
an agreement on the water storage projects identified in 
section 103(d)(1) of the Water Supply Reliability and En-
vironmental Improvement Act (Public Law 108–361) (and 
Acts supplemental and amendatory to the Act) with local 
joint powers authorities formed pursuant to State law by 
irrigation districts and other local water districts and local 
governments within the applicable hydrologic region, to 
advance those projects. 
(b) AUTHORIZATION FOR PROJECT.—If the Secretary 
determines a project described in section 202(a)(1) and 
(2) is feasible, the Secretary is authorized to carry out 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
the project in a manner that is substantially in accordance 
with the recommended plan, and subject to the conditions 
described in the feasibility study, provided that no Federal 
funding shall be used to construct the project. 
TITLE III—WATER RIGHTS 
PROTECTIONS 
SEC. 301. OFFSET FOR STATE WATER PROJECT. 
(a) IMPLEMENTATION IMPACTS.—The Secretary of 
the Interior shall confer with the California Department 
of Fish and Wildlife in connection with the implementa-
tion of this title on potential impacts to any consistency 
determination for operations of the State Water Project 
issued pursuant to California Fish and Game Code section 
2080.1. 
(b) ADDITIONAL YIELD.—If, as a result of the appli-
cation of this title, the California Department of Fish and 
Wildlife— 
(1) revokes the consistency determinations pur-
suant to California Fish and Game Code section 
2080.1 that are applicable to the State Water 
Project; 
(2) amends or issues one or more new consist-
ency determinations pursuant to California Fish and 
Game Code section 2080.1 in a manner that directly 
or indirectly results in reduced water supply to the 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
State Water Project as compared with the water 
supply available under the smelt biological opinion 
and the salmonid biological opinion; or 
(3) requires take authorization under California 
Fish and Game Code section 2081 for operation of 
the State Water Project in a manner that directly or 
indirectly results in reduced water supply to the 
State Water Project as compared with the water 
supply available under the smelt biological opinion 
and the salmonid biological opinion, and as a con-
sequence of the Department’s action, Central Valley 
Project yield is greater than it would have been ab-
sent the Department’s actions, then that additional 
yield shall be made available to the State Water 
Project for delivery to State Water Project contrac-
tors to offset losses resulting from the Department’s 
action. 
(c) NOTIFICATION RELATED
TO ENVIRONMENTAL 
PROTECTIONS.—The Secretary of the Interior shall imme-
diately notify the Director of the California Department 
of Fish and Wildlife in writing if the Secretary of the Inte-
rior determines that implementation of the smelt biological 
opinion and the salmonid biological opinion consistent with 
this title reduces environmental protections for any species 
covered by the opinions. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
SEC. 302. AREA OF ORIGIN PROTECTIONS. 
(a) IN GENERAL.—The Secretary of the Interior is 
directed, in the operation of the Central Valley Project, 
to adhere to California’s water rights laws governing water 
rights priorities and to honor water rights senior to those 
held by the United States for operation of the Central Val-
ley Project, regardless of the source of priority, including 
any appropriative water rights initiated prior to December 
19, 1914, as well as water rights and other priorities per-
fected or to be perfected pursuant to California Water 
Code Part 2 of Division 2. Article 1.7 (commencing with 
section 1215 of chapter 1 of part 2 of division 2, sections 
10505, 10505.5, 11128, 11460, 11461, 11462, and 
11463, and sections 12200 through 12220, inclusive). 
(b) DIVERSIONS.—Any action undertaken by the Sec-
retary of the Interior and the Secretary of Commerce pur-
suant to both this title and section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) that requires 
that diversions from the Sacramento River or the San Joa-
quin River watersheds upstream of the Delta be bypassed 
shall not be undertaken in a manner that alters the water 
rights priorities established by California law. 
SEC. 303. NO REDIRECTED ADVERSE IMPACTS. 
(a) IN GENERAL.—The Secretary of the Interior shall 
ensure that, except as otherwise provided for in a water 
service or repayment contract, actions taken in compliance 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
with legal obligations imposed pursuant to or as a result 
of this title, including such actions under section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
and other applicable Federal and State laws, shall not di-
rectly or indirectly— 
(1) result in the involuntary reduction of water 
supply or fiscal impacts to individuals or districts 
who receive water from either the State Water 
Project or the United States under water rights set-
tlement contracts, exchange contracts, water service 
contracts, repayment contracts, or water supply con-
tracts; or 
(2) cause redirected adverse water supply or fis-
cal impacts to those within the Sacramento River 
watershed, the San Joaquin River watershed or the 
State Water Project service area. 
(b) COSTS.—To the extent that costs are incurred 
solely pursuant to or as a result of this title and would 
not otherwise have been incurred by any entity or public 
or local agency or subdivision of the State of California, 
such costs shall not be borne by any such entity, agency, 
or subdivision of the State of California, unless such costs 
are incurred on a voluntary basis. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(c) RIGHTS AND OBLIGATIONS NOT MODIFIED OR 
AMENDED.—Nothing in this title shall modify or amend 
the rights and obligations of the parties to any existing— 
(1) water service, repayment, settlement, pur-
chase, or exchange contract with the United States, 
including the obligation to satisfy exchange contracts 
and settlement contracts prior to the allocation of 
any other Central Valley Project water; or 
(2) State Water Project water supply or settle-
ment contract with the State. 
SEC. 304. ALLOCATIONS FOR SACRAMENTO VALLEY CON-
TRACTORS. 
(a) ALLOCATIONS.— 
(1) IN
GENERAL.—Subject to paragraph (2) 
and subsection (b), the Secretary of the Interior is 
directed, in the operation of the Central Valley 
Project, to allocate water provided for irrigation pur-
poses to existing Central Valley Project agricultural 
water service contractors within the Sacramento 
River Watershed in compliance with the following: 
(A) Not less than 100 percent of their con-
tract quantities in a ‘‘Wet’’ year. 
(B) Not less than 100 percent of their con-
tract quantities in an ‘‘Above Normal’’ year. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(C) Not less than 100 percent of their con-
tract quantities in a ‘‘Below Normal’’ year that 
is preceded by an ‘‘Above Normal’’ or a ‘‘Wet’’ 
year. 
(D) Not less than 50 percent of their con-
tract quantities in a ‘‘Dry’’ year that is pre-
ceded by a ‘‘Below Normal’’, an ‘‘Above Nor-
mal’’, or a ‘‘Wet’’ year. 
(E) In all other years not identified herein, 
the allocation percentage for existing Central 
Valley Project agricultural water service con-
tractors within the Sacramento River Water-
shed shall not be less than twice the allocation 
percentage to south-of-Delta Central Valley 
Project agricultural water service contractors, 
up to 100 percent; provided, that nothing here-
in shall preclude an allocation to existing Cen-
tral Valley Project agricultural water service 
contractors within the Sacramento River Water-
shed that is greater than twice the allocation 
percentage to south-of-Delta Central Valley 
Project agricultural water service contractors. 
(2) 
CONDITIONS.—The 
Secretary’s 
actions 
under paragraph (a) shall be subject to— 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(A) the priority of individuals or entities 
with Sacramento River water rights, including 
those with Sacramento River Settlement Con-
tracts, that have priority to the diversion and 
use of Sacramento River water over water 
rights held by the United States for operations 
of the Central Valley Project; 
(B) the United States obligation to make 
a substitute supply of water available to the 
San Joaquin River Exchange Contractors; and 
(C) the Secretary’s obligation to make 
water available to managed wetlands pursuant 
to section 3406(d) of the Central Valley Project 
Improvement Act (Public Law 102–575). 
(b) PROTECTION OF MUNICIPAL AND INDUSTRIAL 
SUPPLIES.—Nothing in subsection (a) shall be deemed 
to— 
(1) modify any provision of a water service con-
tract that addresses municipal and industrial water 
shortage policies of the Secretary; 
(2) affect or limit the authority of the Secretary 
to adopt or modify municipal and industrial water 
shortage policies; 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(3) affect or limit the authority of the Secretary 
to implement municipal and industrial water short-
age policies; or 
(4) affect allocations to Central Valley Project 
municipal and industrial contractors pursuant to 
such policies. 
Neither subsection (a) nor the Secretary’s implementation 
of subsection (a) shall constrain, govern or affect, directly, 
the operations of the Central Valley Project’s American 
River Division or any deliveries from that Division, its 
units or facilities. 
(c) NO EFFECT
ON ALLOCATIONS.—This section 
shall not— 
(1) affect the allocation of water to Friant Divi-
sion contractors; or 
(2) result in the involuntary reduction in con-
tract water allocations to individuals or entities with 
contracts to receive water from the Friant Division. 
(d) PROGRAM
FOR WATER RESCHEDULING.—The 
Secretary of the Interior shall develop and implement a 
program, not later than 1 year after the date of the enact-
ment of this Act, to provide for the opportunity for exist-
ing Central Valley Project agricultural water service con-
tractors within the Sacramento River Watershed to re-
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
schedule water, provided for under their Central Valley 
Project water service contracts, from one year to the next. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘existing Central Valley Project 
agricultural water service contractors within the 
Sacramento River Watershed’’ means water service 
contractors within the Shasta, Trinity, and Sac-
ramento River Divisions of the Central Valley 
Project, that have a water service contract in effect, 
on the date of the enactment of this section, that 
provides water for irrigation. 
(2) The year type terms used in subsection (a) 
have the meaning given those year types in the Sac-
ramento Valley Water Year Type (40–30–30) Index. 
SEC. 305. EFFECT ON EXISTING OBLIGATIONS. 
Nothing in this title preempts or modifies any exist-
ing obligation of the United States under Federal reclama-
tion law to operate the Central Valley Project in con-
formity with State law, including established water rights 
priorities. 
TITLE IV—MISCELLANEOUS 
SEC. 401. WATER SUPPLY ACCOUNTING. 
(a) IN GENERAL.—All Central Valley Project water, 
except Central Valley Project water released pursuant to 
U.S. Department of the Interior Record of Decision, Trin-
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
ity River Mainstem Fishery Restoration Final Environ-
mental Impact Statement/Environmental Impact Report 
dated December 2000 used to implement an action under-
taken for a fishery beneficial purpose that was not im-
posed by terms and conditions existing in licenses, per-
mits, and other agreements pertaining to the Central Val-
ley Project under applicable State or Federal law existing 
on October 30, 1992, shall be credited to the quantity of 
Central Valley Project yield dedicated and managed under 
this section; provided, that nothing herein shall affect the 
Secretary of the Interior’s duty to comply with any other-
wise lawful requirement imposed on operations of the Cen-
tral Valley Project under any provision of Federal or State 
law. 
(b) RECLAMATION POLICIES AND ALLOCATIONS.— 
Reclamation policies and allocations shall not be based 
upon any premise or assumption that Central Valley 
Project contract supplies are supplemental or secondary 
to any other contractor source of supply. 
SEC. 402. OPERATIONS OF THE TRINITY RIVER DIVISION. 
The Secretary of the Interior, in the operation of the 
Trinity River Division of the Central Valley Project, shall 
not make releases from Lewiston Dam in excess of the 
volume for each water-year type required by the U.S. De-
partment of the Interior Record of Decision, Trinity River 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
Mainstem Fishery Restoration Final Environmental Im-
pact Statement/Environmental Impact Report dated De-
cember 2000. 
(1) A maximum of 369,000 acre-feet in a 
‘‘Critically Dry’’ year. 
(2) A maximum of 453,000 acre-feet in a 
‘‘Dry’’ year. 
(3) A maximum of 647,000 acre-feet in a ‘‘Nor-
mal’’ year. 
(4) A maximum of 701,000 acre-feet in a 
‘‘Wet’’ year. 
(5) A maximum of 815,000 acre-feet in an 
‘‘Extremely Wet’’ year. 
SEC. 403. REPORT ON RESULTS OF WATER USAGE. 
The Secretary of the Interior, in consultation with the 
Secretary of Commerce and the Secretary of Natural Re-
sources of the State of California, shall publish an annual 
report detailing instream flow releases from the Central 
Valley Project and California State Water Project, their 
explicit purpose and authority, and all measured environ-
mental benefit as a result of the releases. 
SEC. 404. KLAMATH PROJECT CONSULTATION APPLICANTS. 
If the Bureau of Reclamation initiates or reinitiates 
consultation with the U.S. Fish and Wildlife Service or 
the National Marine Fisheries Service under section 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 
1536(a)(2)), with respect to construction or operation of 
the Klamath Project (or any part thereof), Klamath 
Project contractors shall be accorded all the rights and 
responsibilities extended to applicants in the consultation 
process. Upon request of the Klamath Project contractors, 
they may be represented through an association or organi-
zation. 
SEC. 405. LOSSES CAUSED BY THE CONSTRUCTION AND OP-
ERATION OF STORAGE PROJECTS. 
(a) MARINAS, RECREATIONAL FACILITIES, OTHER 
BUSINESSES.—If in constructing any new or modified 
water storage project included in section 103(d)(1)(A) of 
Public Law 108–361 (118 Stat. 1684), the Bureau of Rec-
lamation destroys or otherwise adversely affects any exist-
ing marina, recreational facility, or other water-dependent 
business when constructing or operating a new or modified 
water storage project, the Secretaries of the Interior and 
Agriculture, acting through the Bureau and the Forest 
Service shall— 
(1) provide compensation otherwise required by 
law; and 
(2) provide the owner of the affected marina, 
recreational facility, or other water-dependent busi-
ness under mutually agreeable terms and conditions 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
with the right of first refusal to construct and oper-
ate a replacement marina, recreational facility, or 
other water-dependent business, as the case may be, 
on United States land associated with the new or 
modified water storage project. 
(b) HYDROELECTRIC PROJECTS.—If in constructing 
any new or modified water storage project included in sec-
tion 103(d)(1)(A) of Public Law 108–361 (118 Stat. 
1684), the Bureau of Reclamation reduces or eliminates 
the capacity or generation of any existing non-Federal hy-
droelectric project by inundation or otherwise, the Sec-
retary of the Interior shall— 
(1) provide compensation otherwise required by 
law; 
(2) provide the owner of the affected hydro-
electric project under mutually agreeable terms and 
conditions with a right of first refusal to construct, 
operate, and maintain replacement hydroelectric 
generating facilities at such new or modified water 
storage project, on federal land associated with the 
new or modified water storage project or on private 
land owned by the affected hydroelectric project 
owner; 
(3) provide compensation for the construction 
of any water conveyance facilities as are necessary to 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
convey water to any new powerhouse constructed by 
such owner in association with such new hydro-
electric generating facilities; and 
(4) provide for subsections (b)(1), (b)(2), and 
(b)(3) at a cost not to exceed the estimated value of 
the actual impacts to any existing non-Federal hy-
droelectric project and as estimated for the associ-
ated feasibility study, including additional planning, 
environmental, design, construction, and operations 
and maintenance costs for existing and replacement 
facilities. 
(c) COST ALLOCATION.—Any compensation under 
this section shall be a project cost and allocated to project 
beneficiaries. 
(d) APPLICABILITY.—This section shall only apply to 
federally owned water storage projects, whether authorized 
under this Act or some other authority. 
(e) LIMITATION.—Nothing in this section affects the 
ability of landowners or tribes to seek compensation or any 
other remedy otherwise required by law. 
SEC. 406. CA STATE WATER RESOURCES CONTROL BOARD. 
(a) IN GENERAL.—In carrying out this Act, the Sec-
retaries shall— 
(1) recognize Congressional opposition to the 
violation of private property rights by the California 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
State Water Resources Control Board in their pro-
posal 
to 
require 
a 
minimum 
percentage 
of 
unimpaired flows in the main tributaries of the San 
Joaquin River; and 
(2) recognize the need to provide reliable water 
supplies to municipal, industrial, and agricultural 
users across the State. 
TITLE V—WATER SUPPLY 
PERMITTING ACT 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Water Supply Permit-
ting Coordination Act’’. 
SEC. 502. DEFINITIONS. 
In this title: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(2) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(3) QUALIFYING PROJECTS.—The term ‘‘quali-
fying 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 adminis-
tered by the Department of the Interior or the De-
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
partment of Agriculture, exclusive of any easement, 
right-of-way, lease, or any private holding. 
(4) COOPERATING AGENCIES.—The term ‘‘co-
operating agency’’ means a Federal agency with ju-
risdiction over a review, analysis, opinion, statement, 
permit, license, or other approval or decision re-
quired for a qualifying project under applicable Fed-
eral laws and regulations, or a State agency subject 
to section 503(c). 
SEC. 503. ESTABLISHMENT OF LEAD AGENCY AND COOPER-
ATING AGENCIES. 
(a) ESTABLISHMENT OF LEAD AGENCY.—The Bu-
reau of Reclamation is established as the lead agency for 
purposes of coordinating all reviews, analyses, opinions, 
statements, permits, licenses, or other approvals or deci-
sions required under Federal law to construct qualifying 
projects. 
(b) IDENTIFICATION AND ESTABLISHMENT OF CO-
OPERATING AGENCIES.—The Commissioner of the Bureau 
shall— 
(1) identify, as early as practicable upon receipt 
of an application for a qualifying project, any Fed-
eral agency that may have jurisdiction over a review, 
analysis, opinion, statement, permit, license, ap-
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
proval, 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 rel-
evant 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 re-
spect to such project in a manner other than in 
cooperation with the Bureau. 
(c) STATE AUTHORITY.—A State in which a quali-
fying project is being considered may choose, consistent 
with State law— 
(1) to participate as a cooperating agency; and 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 re-
view, 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 to— 
(1) serve as the point of contact for applicants, 
State agencies, Indian tribes, and others regarding 
proposed qualifying projects; 
(2) coordinate preparation of unified environ-
mental documentation that will serve as the basis for 
all Federal decisions necessary to authorize the use 
of Federal lands for qualifying projects; and 
(3) coordinate all Federal agency reviews nec-
essary for project development and construction of 
qualifying projects. 
(b) COORDINATION PROCESS.—The Bureau shall 
have the following coordination responsibilities: 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(1) PRE-APPLICATION COORDINATION.—Notify 
cooperating agencies of proposed qualifying projects 
not later than 30 days after receipt of a proposal 
and facilitate a preapplication meeting for prospec-
tive applicants, relevant Federal and State agencies, 
and Indian tribes to— 
(A) explain applicable processes, data re-
quirements, and applicant submissions nec-
essary to complete the required Federal agency 
reviews within the timeframe established; and 
(B) establish the schedule for the quali-
fying project. 
(2) CONSULTATION WITH COOPERATING AGEN-
CIES.—Consult 
with 
the 
cooperating 
agencies 
throughout the Federal agency review process, iden-
tify 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 estab-
lish 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; 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(B) the resources available to the cooper-
ating 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 his-
toric 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 agen-
cies with authority to issue approvals for a given 
qualifying project shall base project approval deci-
sions. Help ensure that cooperating agencies make 
necessary decisions, within their respective authori-
ties, regarding Federal approvals in accordance with 
the following timelines: 
(A) Not later than one year after accept-
ance of a completed project application when an 
environmental assessment and finding of no sig-
nificant impact is determined to be the appro-
priate level of review under the National Envi-
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(B) Not later than one 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 environ-
mental 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 deci-
sions. 
(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 quali-
fying 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 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
authorizing documents, and shall be responsible for 
ensuring fulfillment of all Bureau responsibilities set 
forth in this section and all cooperating agency re-
sponsibilities under section 505. 
SEC. 505. COOPERATING AGENCY RESPONSIBILITIES. 
(a) ADHERENCE TO BUREAU SCHEDULE.—Upon no-
tification of an application for a qualifying project, all co-
operating agencies shall submit to the Bureau a timeframe 
under which the cooperating agency reasonably considers 
it will be able to complete its authorizing responsibilities. 
The Bureau shall use the timeframe submitted under this 
subsection to establish the project schedule under section 
504, and the cooperating agencies shall adhere to the 
project schedule established by the Bureau. 
(b) ENVIRONMENTAL RECORD.—Cooperating agen-
cies 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. 
(c) DATA SUBMISSION.—To the extent practicable 
and consistent with Federal law, the cooperating agencies 
shall submit all relevant project data to the Bureau in a 
generally accessible electronic format subject to the project 
schedule set forth by the Bureau. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
SEC. 506. FUNDING TO PROCESS PERMITS. 
(a) IN GENERAL.—The Secretary, after public notice 
in accordance with the Administrative Procedures Act (5 
U.S.C. 553), 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) IN GENERAL.—In carrying out this section, 
the Secretary shall ensure that the use of funds ac-
cepted under subsection (a) will not impact impartial 
decisionmaking with respect to permits, either sub-
stantively or procedurally. 
(2) EVALUATION OF PERMITS.—In carrying out 
this section, the Secretary shall ensure that the eval-
uation of permits carried out using funds accepted 
under this section shall— 
(A) be reviewed by the Regional Director 
of the Bureau, or the Regional Director’s des-
ignee, of the region in which the qualifying 
project or activity is located; and 
(B) use the same procedures for decisions 
that would otherwise be required for the evalua-
tion of permits for similar projects or activities 
not carried out using funds authorized under 
this section. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(3) IMPARTIAL DECISIONMAKING.—In carrying 
out this section, the Secretary and the cooperating 
agencies receiving funds under this section for quali-
fying projects shall ensure that the use of the funds 
accepted under this section for such projects shall 
not— 
(A) impact impartial decisionmaking with 
respect to the issuance of permits, either sub-
stantively or procedurally; or 
(B) diminish, modify, or otherwise affect 
the statutory or regulatory authorities of such 
agencies. 
(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)(2)(A). 
(d) PUBLIC AVAILABILITY.—The Secretary shall en-
sure that all final permit decisions carried out using funds 
authorized under this section are made available to the 
public, including on the Internet. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
TITLE 
VI—BUREAU 
OF 
REC-
LAMATION PROJECT STREAM-
LINING 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Bureau of Reclama-
tion Project Streamlining Act’’. 
SEC. 602. DEFINITIONS. 
In this title: 
(1) ENVIRONMENTAL
IMPACT
STATEMENT.— 
The term ‘‘environmental impact statement’’ means 
the detailed statement of environmental impacts of 
a project required to be prepared pursuant to the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(2) ENVIRONMENTAL REVIEW PROCESS.— 
(A) IN
GENERAL.—The term ‘‘environ-
mental review process’’ means the process of 
preparing an environmental impact statement, 
environmental assessment, categorical exclusion, 
or other document under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for a project study. 
(B) INCLUSIONS.—The term ‘‘environ-
mental review process’’ includes the process for 
and completion of any environmental permit, 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
approval, review, or study required for a project 
study under any Federal law other than the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(3) FEDERAL JURISDICTIONAL AGENCY.—The 
term ‘‘Federal jurisdictional agency’’ means a Fed-
eral agency with jurisdiction delegated by law, regu-
lation, order, or otherwise over a review, analysis, 
opinion, statement, permit, license, or other approval 
or decision required for a project study under appli-
cable Federal laws (including regulations). 
(4) FEDERAL LEAD AGENCY.—The term ‘‘Fed-
eral lead agency’’ means the Bureau of Reclamation. 
(5) PROJECT.—The term ‘‘project’’ means a 
surface water project, a project under the purview of 
title XVI of Public Law 102–575, or a rural water 
supply project investigated under Public Law 109– 
451 to be carried out, funded or operated in whole 
or in party by the Secretary pursuant to 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.). 
(6) PROJECT
SPONSOR.—The term ‘‘project 
sponsor’’ means a State, regional, or local authority 
or instrumentality or other qualifying entity, such as 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
a water conservation district, irrigation district, 
water conservancy district, joint powers authority, 
mutual water company, canal company, rural water 
district or association, or any other entity that has 
the capacity to contract with the United States 
under Federal reclamation law. 
(7) PROJECT
STUDY.—The term ‘‘project 
study’’ means a feasibility study for a project carried 
out pursuant to 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.). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) SURFACE
WATER
STORAGE.—The term 
‘‘surface water storage’’ means any surface water 
reservoir or impoundment that would be owned, 
funded or operated in whole or in part by the Bu-
reau of Reclamation or that would be integrated into 
a larger system owned, operated or administered in 
whole or in part by the Bureau of Reclamation. 
SEC. 603. ACCELERATION OF STUDIES. 
(a) IN GENERAL.—To the extent practicable, a 
project study initiated by the Secretary, after the date of 
enactment of this Act, under the Reclamation Act of 1902 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(32 Stat. 388), and all Acts amendatory thereof or supple-
mentary thereto, shall— 
(1) result in the completion of a final feasibility 
report not later than 3 years after the date of initi-
ation; 
(2) 
have 
a 
maximum 
Federal 
cost 
of 
$3,000,000; and 
(3) ensure that personnel from the local project 
area, region, and headquarters levels of the Bureau 
of Reclamation concurrently conduct the review re-
quired under this section. 
(b) EXTENSION.—If the Secretary determines that a 
project study described in subsection (a) will not be con-
ducted in accordance with subsection (a), the Secretary, 
not later than 30 days after the date of making the deter-
mination, shall— 
(1) prepare an updated project study schedule 
and cost estimate; 
(2) notify the non-Federal project cost-sharing 
partner that the project study has been delayed; and 
(3) provide written notice to the Committee on 
Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Re-
sources of the Senate as to the reasons the require-
ments of subsection (a) are not attainable. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(c) EXCEPTION.— 
(1) IN
GENERAL.—Notwithstanding the re-
quirements of subsection (a), the Secretary may ex-
tend the timeline of a project study by a period not 
to exceed 3 years, if the Secretary determines that 
the project study is too complex to comply with the 
requirements of subsection (a). 
(2) FACTORS.—In making a determination that 
a study is too complex to comply with the require-
ments of subsection (a), the Secretary shall con-
sider— 
(A) the type, size, location, scope, and 
overall cost of the project; 
(B) whether the project will use any inno-
vative design or construction techniques; 
(C) whether the project will require signifi-
cant action by other Federal, State, or local 
agencies; 
(D) whether there is significant public dis-
pute as to the nature or effects of the project; 
and 
(E) whether there is significant public dis-
pute as to the economic or environmental costs 
or benefits of the project. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(3) NOTIFICATION.—Each time the Secretary 
makes a determination under this subsection, the 
Secretary shall provide written notice to the Com-
mittee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate as to the results of 
that determination, including an identification of the 
specific one or more factors used in making the de-
termination that the project is complex. 
(4) LIMITATION.—The Secretary shall not ex-
tend the timeline for a project study for a period of 
more than 7 years, and any project study that is not 
completed before that date shall no longer be au-
thorized. 
(d) REVIEWS.—Not later than 90 days after the date 
of the initiation of a project study described in subsection 
(a), the Secretary shall— 
(1) take all steps necessary to initiate the proc-
ess for completing federally mandated reviews that 
the Secretary is required to complete as part of the 
study, including the environmental review process 
under section 805; 
(2) convene a meeting of all Federal, tribal, and 
State agencies identified under section 605(d) that 
may— 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(A) have jurisdiction over the project; 
(B) be required by law to conduct or issue 
a review, analysis, opinion, or statement for the 
project study; or 
(C) be required to make a determination 
on issuing a permit, license, or other approval 
or decision for the project study; and 
(3) take all steps necessary to provide informa-
tion that will enable required reviews and analyses 
related to the project to be conducted by other agen-
cies in a thorough and timely manner. 
(e) INTERIM REPORT.—Not later than 18 months 
after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy 
and Natural Resources of the Senate and make publicly 
available a report that describes— 
(1) the status of the implementation of the 
planning process under this section, including the 
number of participating projects; 
(2) a review of project delivery schedules, in-
cluding a description of any delays on those studies 
initiated prior to the date of the enactment of this 
Act; and 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(3) any recommendations for additional author-
ity necessary to support efforts to expedite the 
project. 
(f) FINAL REPORT.—Not later than 4 years after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate and make publicly available 
a report that describes— 
(1) the status of the implementation of this sec-
tion, including a description of each project study 
subject to the requirements of this section; 
(2) the amount of time taken to complete each 
project study; and 
(3) any recommendations for additional author-
ity necessary to support efforts to expedite the 
project study process, including an analysis of 
whether the limitation established by subsection 
(a)(2) needs to be adjusted to address the impacts 
of inflation. 
SEC. 604. EXPEDITED COMPLETION OF REPORTS. 
The Secretary shall— 
(1) expedite the completion of any ongoing 
project study initiated before the date of enactment 
of this Act; and 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(2) if the Secretary determines that the project 
is justified in a completed report, proceed directly to 
preconstruction planning, engineering, and design of 
the project in accordance with the Reclamation Act 
of 1902 (32 Stat. 388), and all Acts amendatory 
thereof or supplementary thereto. 
SEC. 605. PROJECT ACCELERATION. 
(a) APPLICABILITY.— 
(1) IN GENERAL.—This section shall apply to— 
(A) each project study that is initiated 
after the date of enactment of this Act and for 
which an environmental impact statement is 
prepared under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
(B) the extent determined appropriate by 
the Secretary, to other project studies initiated 
before the date of enactment of this Act and for 
which an environmental review process docu-
ment is prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); and 
(C) any project study for the development 
of a nonfederally owned and operated surface 
water storage project for which the Secretary 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
determines there is a demonstrable Federal in-
terest and the project— 
(i) is located in a river basin where 
other 
Bureau 
of 
Reclamation 
water 
projects are located; 
(ii) will create additional water sup-
plies that support Bureau of Reclamation 
water projects; or 
(iii) will become integrated into the 
operation of Bureau of Reclamation water 
projects. 
(2) 
FLEXIBILITY.—Any 
authority 
granted 
under this section may be exercised, and any re-
quirement established under this section may be sat-
isfied, for the conduct of an environmental review 
process for a project study, a class of project stud-
ies, or a program of project studies. 
(3) LIST OF PROJECT STUDIES.— 
(A) IN GENERAL.—The Secretary shall an-
nually prepare, and make publicly available, a 
list of all project studies that the Secretary has 
determined— 
(i) meets the standards described in 
paragraph (1); and 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(ii) does not have adequate funding to 
make substantial progress toward the com-
pletion of the project study. 
(B) INCLUSIONS.—The Secretary shall in-
clude for each project study on the list under 
subparagraph (A) a description of the estimated 
amounts necessary to make substantial progress 
on the project study. 
(b) PROJECT REVIEW PROCESS.— 
(1) IN GENERAL.—The Secretary shall develop 
and implement a coordinated environmental review 
process for the development of project studies. 
(2) COORDINATED
REVIEW.—The coordinated 
environmental review process described in paragraph 
(1) shall require that any review, analysis, opinion, 
statement, permit, license, or other approval or deci-
sion issued or made by a Federal, State, or local 
governmental agency or an Indian tribe for a project 
study described in subsection (b) be conducted, to 
the maximum extent practicable, concurrently with 
any other applicable governmental agency or Indian 
tribe. 
(3) TIMING.—The coordinated environmental 
review process under this subsection shall be com-
pleted not later than the date on which the Sec-
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
retary, in consultation and concurrence with the 
agencies identified under section 705(d), establishes 
with respect to the project study. 
(c) LEAD AGENCIES.— 
(1) JOINT LEAD AGENCIES.— 
(A) IN GENERAL.—Subject to the require-
ments of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) and the 
requirements of section 1506.8 of title 40, Code 
of Federal Regulations (or successor regula-
tions), including the concurrence of the pro-
posed joint lead agency, a project sponsor may 
serve as the joint lead agency. 
(B) PROJECT
SPONSOR
AS
JOINT
LEAD 
AGENCY.—A project sponsor that is a State or 
local governmental entity may— 
(i) with the concurrence of the Sec-
retary, serve as a joint lead agency with 
the Federal lead agency for purposes of 
preparing any environmental document 
under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
(ii) prepare any environmental review 
process document under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
4321 et seq.) required in support of any 
action or approval by the Secretary if— 
(I) the Secretary provides guid-
ance in the preparation process and 
independently evaluates that docu-
ment; 
(II) the project sponsor complies 
with all requirements applicable to the 
Secretary under— 
(aa) the National Environ-
mental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
(bb) any regulation imple-
menting that Act; and 
(cc) any other applicable 
Federal law; and 
(III) the Secretary approves and 
adopts the document before the Sec-
retary takes any subsequent action or 
makes any approval based on that 
document, regardless of whether the 
action or approval of the Secretary re-
sults in Federal funding. 
(2) DUTIES.—The Secretary shall ensure 
that— 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(A) the project sponsor complies with all 
design and mitigation commitments made joint-
ly by the Secretary and the project sponsor in 
any environmental document prepared by the 
project sponsor in accordance with this sub-
section; and 
(B) any environmental document prepared 
by the project sponsor is appropriately supple-
mented to address any changes to the project 
the Secretary determines are necessary. 
(3) ADOPTION AND USE OF DOCUMENTS.—Any 
environmental document prepared in accordance 
with this subsection shall be adopted and used by 
any Federal agency making any determination re-
lated to the project study to the same extent that 
the Federal agency could adopt or use a document 
prepared by another Federal agency under— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(B) parts 1500 through 1508 of title 40, 
Code of Federal Regulations (or successor regu-
lations). 
(4) ROLES
AND
RESPONSIBILITY
OF
LEAD 
AGENCY.—With respect to the environmental review 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
process for any project study, the Federal lead agen-
cy shall have authority and responsibility— 
(A) to take such actions as are necessary 
and proper and within the authority of the Fed-
eral lead agency to facilitate the expeditious 
resolution of the environmental review process 
for the project study; and 
(B) to prepare or ensure that any required 
environmental impact statement or other envi-
ronmental review document for a project study 
required to be completed under the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) is completed in accordance with 
this section and applicable Federal law. 
(d) PARTICIPATING AND COOPERATING AGENCIES.— 
(1) IDENTIFICATION OF JURISDICTIONAL AGEN-
CIES.—With respect to carrying out the environ-
mental review process for a project study, the Sec-
retary shall identify, as early as practicable in the 
environmental review process, all Federal, State, and 
local government agencies and Indian tribes that 
may— 
(A) have jurisdiction over the project; 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(B) be required by law to conduct or issue 
a review, analysis, opinion, or statement for the 
project study; or 
(C) be required to make a determination 
on issuing a permit, license, or other approval 
or decision for the project study. 
(2) STATE AUTHORITY.—If the environmental 
review process is being implemented by the Sec-
retary for a project study within the boundaries of 
a State, the State, consistent with State law, may 
choose to participate in the process and to make 
subject to the process all State agencies that— 
(A) have jurisdiction over the project; 
(B) are required to conduct or issue a re-
view, analysis, opinion, or statement for the 
project study; or 
(C) are required to make a determination 
on issuing a permit, license, or other approval 
or decision for the project study. 
(3) INVITATION.— 
(A) IN GENERAL.—The Federal lead agen-
cy shall invite, as early as practicable in the en-
vironmental review process, any agency identi-
fied under paragraph (1) to become a partici-
pating or cooperating agency, as applicable, in 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
the environmental 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 the Bureau of Reclamation 
Project Streamlining Act), shall govern the identi-
fication and the participation of a cooperating agen-
cy. 
(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 
cooperating agency by the Federal lead agency un-
less 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 rel-
evant to the project; or 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(iii) does not have adequate funds to par-
ticipate in the project; and 
(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 
subsection shall not imply that the participating or 
cooperating 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 partici-
pating or cooperating agency shall— 
(A) carry out the obligations of that agen-
cy under other applicable law concurrently and 
in conjunction with the required environmental 
review process, unless doing so would prevent 
the participating or cooperating agency from 
conducting needed analysis or otherwise car-
rying out those obligations; and 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of the en-
vironmental review process in a timely, coordi-
nated, and environmentally responsible manner. 
(e) NON-FEDERAL PROJECTS INTEGRATED INTO 
RECLAMATION 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 Bu-
reau of Reclamation. 
(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 
actions 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— 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(A) eliminates repetitive discussions of the 
same issues; 
(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 
Federal, State, and local governmental agen-
cies, Indian tribes, and the public on the appro-
priate use and scope of the programmatic ap-
proaches; 
(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 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
respect to including reviews with a broad geo-
graphical scope; 
(C) ensure that the programmatic re-
views— 
(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, In-
dian 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 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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; 
(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 
process 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 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
draft environmental impact statement, the 
Federal lead agency, after consultation 
with and the concurrence of each partici-
pating and cooperating agency and the 
project sponsor or joint lead agency, as ap-
plicable, shall establish, as part of the co-
ordination plan established in subpara-
graph (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 
agencies, as applicable; 
(III) the overall size and com-
plexity of the project; 
(IV) the overall schedule for and 
cost of the project; and 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 estab-
lished under clause (i) for good cause; 
and 
(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 applicable; and 
(II) made available to the public. 
(2) COMMENT DEADLINES.—The Federal lead 
agency shall establish the following deadlines for 
comment during the environmental review process 
for a project study: 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(A) 
DRAFT
ENVIRONMENTAL
IMPACT 
STATEMENTS.—For comments by Federal and 
State agencies and the public on a draft envi-
ronmental impact statement, a period of not 
more than 60 days after publication in the Fed-
eral Register of notice of the date of public 
availability of the draft environmental impact 
statement, unless— 
(i) a different deadline is established 
by agreement of the Federal lead agency, 
the project sponsor or joint lead agency, as 
applicable, and all participating and co-
operating agencies; or 
(ii) the deadline is extended by the 
Federal lead agency for good cause. 
(B) 
OTHER
ENVIRONMENTAL
REVIEW 
PROCESSES.—For all other comment periods es-
tablished 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 
comment is requested are made available, un-
less— 
(i) a different deadline is established 
by agreement of the Federal lead agency, 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
the project sponsor, or joint lead agency, 
as applicable, and all participating and co-
operating 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 
to be made by the date described in subsection 
(i)(5)(B), the Secretary shall submit to the Com-
mittee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate— 
(A) as soon as practicable after the 180- 
day period described in subsection (i)(5)(B), an 
initial notice of the failure of the Federal agen-
cy to make the decision; and 
(B) every 60 days thereafter until such 
date as all decisions of the Federal agency re-
lating to the project study have been made by 
the Federal agency, an additional notice that 
describes the number of decisions of the Fed-
eral agency that remain outstanding as of the 
date of the additional notice. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 reg-
ulations). 
(5) TRANSPARENCY REPORTING.— 
(A) 
REPORTING
REQUIREMENTS.—Not 
later than 1 year after the date of enactment of 
this Act, the Secretary shall establish and main-
tain an electronic database and, in coordination 
with other Federal and State agencies, issue re-
porting requirements to make publicly available 
the status and progress with respect to compli-
ance with applicable requirements of the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and any other Federal, 
State, or local approval or action required for a 
project study for which this section is applica-
ble. 
(B) PROJECT
STUDY
TRANSPARENCY.— 
Consistent with the requirements established 
under subparagraph (A), the Secretary shall 
make publicly available the status and progress 
of any Federal, State, or local decision, action, 
or approval required under applicable laws for 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
each project study for which this section is ap-
plicable. 
(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 section to identify and resolve issues that could 
delay completion of the environmental review process 
or result in the denial of any approval required for 
the project study under applicable laws. 
(2) FEDERAL
LEAD
AGENCY
RESPONSIBIL-
ITIES.— 
(A) IN GENERAL.—The Federal lead agen-
cy shall make information available to the co-
operating 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 alter-
natives under consideration. 
(B) DATA
SOURCES.—The information 
under subparagraph (A) may be based on exist-
ing data sources, including geographic informa-
tion systems mapping. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 
ELEVATION.— 
(A) IN
GENERAL.—On the request of a 
participating or cooperating agency or project 
sponsor, the Secretary shall convene an issue 
resolution meeting with the relevant partici-
pating 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 re-
quired for the project study under applica-
ble laws. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(B) MEETING DATE.—A meeting requested 
under this paragraph shall be held not later 
than 21 days after the date on which the Sec-
retary receives the request for the meeting, un-
less the Secretary determines that there is good 
cause to extend that deadline. 
(C) NOTIFICATION.—On receipt of a re-
quest for a meeting under this paragraph, the 
Secretary shall notify all relevant participating 
and cooperating agencies of the request, includ-
ing 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-day period beginning on the date of a meet-
ing under this paragraph and a determination 
is made by the Secretary that all information 
necessary to resolve the issue has been ob-
tained, the Secretary shall forward the dispute 
to the heads of the relevant agencies for resolu-
tion. 
(E) CONVENTION
BY
SECRETARY.—The 
Secretary may convene an issue resolution 
meeting under this paragraph at any time, at 
the discretion of the Secretary, regardless of 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
whether a meeting is requested under subpara-
graph (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 exist-
ing 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 
environmental impact statement or 
environmental assessment, including 
the issuance or denial of a permit, li-
cense, statement, opinion, or other ap-
proval by the date described in clause 
(ii), the amount of funds made avail-
able 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 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
in item (aa) or (bb) of subclause (II), 
and those funds shall be made avail-
able to the division of the Federal ju-
risdictional agency charged with ren-
dering the decision by not later than 
1 day after the applicable date under 
clause (ii), and once each week there-
after until a final decision is rendered, 
subject to subparagraph (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 environmental impact state-
ment; 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 
environmental impact statement. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 
complete; 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 individual project study shall exceed, in 
any fiscal year, an amount equal to 1 per-
cent 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 
decision by an applicable deadline shall not 
exceed an amount equal to 5 percent of the 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
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 title 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 fis-
cal year. 
(D) NOTIFICATION OF TRANSFERS.—Not 
later than 10 days after the last date in a fiscal 
year on which funds of the Federal jurisdic-
tional agency may be transferred under sub-
paragraph (B)(5) with respect to an individual 
decision, the agency shall submit to the appro-
priate committees of the House of Representa-
tives and the Senate written notification that 
includes a description of— 
(i) the decision; 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(ii) the project study involved; 
(iii) the amount of each transfer 
under subparagraph (B) in that fiscal year 
relating 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 ex-
planation, the Federal lead agency, cooper-
ating agencies, and project sponsor, as ap-
plicable, 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; 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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, in-
cluding a description of the number of 
full-time employees required to com-
plete the review, the amount of fund-
ing required to complete the review, 
and a justification as to why not 
enough funding is available to com-
plete the review by the deadline. 
(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 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
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 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
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-
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
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 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
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 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
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— 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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.— 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 
Resources of the House of Representatives and 
the Committee on Energy and Natural Re-
sources 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 made toward improving and expediting the plan-
ning and environmental review process. 
(p) CATEGORICAL EXCLUSIONS IN EMERGENCIES.— 
For the repair, reconstruction, or rehabilitation of a Bu-
reau of Reclamation surface water storage project that is 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
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 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance 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 re-
quirements relating to environmental assessments or envi-
ronmental impact statements under section 1508.4 of title 
40, Code of Federal Regulations (or successor regula-
tions), if the repair or reconstruction activity is— 
(1) in the same location with the same capacity, 
dimensions, and design as the original Bureau of 
Reclamation surface water storage project as before 
the declaration described in this section; and 
(2) commenced within a 2-year period begin-
ning on the date of a declaration described in this 
subsection. 
SEC. 606. 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 Representa-
tives and the Committee on Energy and Natural Re-
sources of the Senate an annual report, to be entitled ‘‘Re-
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
100 
port to Congress 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— 
(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 ex-
pedited and any Secretarial determinations under 
section 804. 
(b) REQUESTS FOR PROPOSALS.— 
(1) PUBLICATION.—Not later than May 1 of 
each year, the Secretary shall publish in the Federal 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
101 
Register a notice requesting proposals from non- 
Federal interests for proposed project studies and 
proposed modifications to authorized projects and 
project studies 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 
submit to the Secretary any proposals described in 
paragraph (1) by not later than 120 days after the 
date of publication of the notice in the Federal Reg-
ister 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 Com-
mittee on Energy and Natural Resources of the 
Senate. 
(c) CONTENTS.— 
(1) PROJECT
REPORTS, PROPOSED
PROJECT 
STUDIES, AND PROPOSED MODIFICATIONS.— 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
102 
(A) CRITERIA
FOR
INCLUSION
IN
RE-
PORT.—The Secretary shall include in the an-
nual report only those project reports, proposed 
project studies, 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; 
(iv) have not been included in any 
previous 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 
proposed project study and proposed modi-
fication to an authorized water resources 
development project or project study in-
cluded in the annual report, the benefits, 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
103 
as described in clause (ii), of each such 
study or proposed 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 ir-
rigated water and power supplies; 
(III) the national economy; 
(IV) the environment; or 
(V) the national security inter-
ests of the United States. 
(C) IDENTIFICATION
OF
OTHER
FAC-
TORS.—The Secretary shall identify in the an-
nual report, 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 re-
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
104 
port, whether the non-Federal interest has 
demonstrated— 
(I) that local support exists for 
the proposed project study or pro-
posed modification to an authorized 
project or project study (including the 
surface water storage development 
project that is the subject of the pro-
posed 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 
a project or project study included under paragraph 
(1)(A)— 
(A) the name of the associated non-Fed-
eral interest, including the name of any non- 
Federal interest that has contributed, or is ex-
pected to contribute, a non-Federal share of the 
cost of— 
(i) the project report; 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
105 
(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 pro-
posed 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 modi-
fication to a project or project study; 
(D) an estimate, to the extent practicable, 
of the Federal, non-Federal, and total costs 
of— 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
106 
(i) the proposed modification to an 
authorized 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, 
with respect to the benefits of such 
modification; or 
(ii) the proposed modification to an 
authorized project. 
(3) CERTIFICATION.—The Secretary shall in-
clude in the annual report a certification stating 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
107 
that each feasibility report, proposed feasibility 
study, and proposed modification to a project or 
project study included in the annual report meets 
the criteria established 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 in-
cluded 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 in-
clusion 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 
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 
section. 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
108 
(e) PUBLICATION.—Upon submission of an annual 
report 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 
report’’ means a final feasibility report developed under 
the Reclamation Act of 1902 (32 Stat. 388), and all Acts 
amendatory thereof or supplementary thereto. 
TITLE VII—ACCELERATED REV-
ENUE, REPAYMENT, AND SUR-
FACE WATER STORAGE EN-
HANCEMENT 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Accelerated Revenue, 
Repayment, and Surface Water Storage Enhancement 
Act’’. 
SEC. 702. PREPAYMENT OF CERTAIN REPAYMENT CON-
TRACTS BETWEEN THE UNITED STATES AND 
CONTRACTORS OF FEDERALLY DEVELOPED 
WATER SUPPLIES. 
(a) CONVERSION
AND
PREPAYMENT
OF
CON-
TRACTS.— 
(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 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
109 
enactment 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 Au-
gust 4, 1939 (53 Stat. 1196), to be converted 
under this section shall be converted to repay-
ment contracts 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 
converted under this section shall be converted 
to a contract under subsection (c)(1) of section 
9 of that Act (53 Stat. 1195). 
(2) PREPAYMENT.—Except for those repayment 
contracts under which the contractor has previously 
negotiated for 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 re-
quest of the contractor, and all contracts converted 
pursuant to paragraph (1)(A) shall— 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
110 
(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 re-
flected in such schedule, and properly assign-
able for ultimate 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 dis-
counted by 1⁄2 the Treasury rate. An estimate 
of the remaining construction costs, as ad-
justed, shall be provided by the Secretary to the 
contractor no later than 90 days following re-
ceipt of request of the contractor; 
(B) require that construction costs or 
other capitalized costs incurred after the effec-
tive date of the contract or not reflected in the 
rate schedule referenced in subparagraph (A), 
and properly assignable to such contractor shall 
be repaid in not more than 5 years after notifi-
cation of the allocation if such amount is a re-
sult of a collective annual allocation of capital 
costs to the contractors exercising contract con-
versation under this subsection of less than 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS
116 
enactment of this Act shall be directed to the Rec-
lamation 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 
Account’’ to fund the construction of surface water 
storage. The Secretary may also enter into coopera-
tive agreements with water users’ associations for 
the construction of surface water storage and 
amounts within the Surface Storage Account may be 
used to fund such construction. Surface water stor-
age projects that are otherwise not federally author-
ized 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. 
(3) REPAYMENT.—Amounts used for surface 
water storage construction from the Account shall be 
fully reimbursed to the Account consistent with the 
requirements under Federal reclamation law (the 
law (the Act of June 17, 1902 (32 Stat. 388, chap-
ter 1093))) and Acts supplemental to and amend-
atory of that Act (43 U.S.C. 371 et seq.) except that 
all funds reimbursed shall be deposited in the Ac-
count established under paragraph (2). 
VerDate Sep 11 2014 
22:07 Jan 05, 2017
Jkt 069200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H23.IH
H23
asabaliauskas on DSK3SPTVN1PROD with BILLS