IB 
Union Calendar No. 782 
115TH CONGRESS 
2D SESSION 
H. R. 4419 
[Report No. 115–1001] 
To facilitate and streamline the Bureau of Reclamation and Bureau of Indian 
Affairs processes for creating or expanding certain water projects, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2017 
Mr. NEWHOUSE (for himself and Mr. REICHERT) introduced the following bill; 
which was referred to the Committee on Natural Resources 
NOVEMBER 2, 2018 
Additional sponsors: Mr. MCCLINTOCK and Mr. ESTES of Kansas 
NOVEMBER 2, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on November 16, 2017] 
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A BILL 
To facilitate and streamline the Bureau of Reclamation and 
Bureau of Indian Affairs processes for creating or ex-
panding certain water projects, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
This Act may be cited as the ‘‘Bureau of Reclamation 
and Bureau of Indian Affairs Water Project Streamlining 
Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(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 Na-
tional 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 pre-
paring an environmental impact statement, en-
vironmental 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 ‘‘environmental 
review process’’ includes the process for and com-
pletion of any environmental permit, approval, 
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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 Federal 
agency with jurisdiction delegated by law, regulation, 
order, or otherwise over a review, analysis, opinion, 
statement, permit, license, or other approval or deci-
sion required for a project study under applicable 
Federal laws (including regulations). 
(4) FEDERAL LEAD AGENCY.—The term ‘‘Federal 
lead agency’’ means the Bureau of Reclamation or 
Bureau of Indian Affairs. 
(5) PROJECT.—The term ‘‘project’’ means— 
(A) a surface water project, a project under 
the purview of title XVI of Public Law 102–575, 
a rural water supply project investigated under 
Public Law 109–451, or a Federal portion of an 
integrated water resource management plan that 
has been subject to a review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and is 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. 
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388, chapter 1093), and Acts supplemental to 
and amendatory of that Act (43 U.S.C. 371 et 
seq.); or 
(B) Indian irrigation projects in the west-
ern United States that, on the date of enactment 
of this Act, are owned by the Federal Govern-
ment, as listed in the Federal inventory required 
by Executive Order 13327 (40 U.S.C. 121 note; 
relating to Federal real property asset manage-
ment). 
(6) PROJECT SPONSOR.—The term ‘‘project spon-
sor’’ means a State, regional, tribal, or local author-
ity or instrumentality or other qualifying entity, such 
as 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 amend-
atory of that Act (43 U.S.C. 371 et seq.). 
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(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) SURFACE WATER STORAGE.—The term ‘‘sur-
face water storage’’ means any surface water reservoir 
or impoundment that would be owned, funded or op-
erated in whole or in part by the Bureau of Reclama-
tion or the Bureau of Indian Affairs or that would 
be integrated into a larger system owned, operated or 
administered in whole or in part by the Bureau of 
Reclamation or the Bureau of Indian Affairs. 
SEC. 3. 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, 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 or the Bureau of Indian Affairs concur-
rently conduct the review required under that section. 
(b) EXTENSION.—If the Secretary determines that a 
project study described in subsection (a) will not be con-
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ducted in accordance with subsection (a), the Secretary, not 
later than 30 days after the date of making the determina-
tion, 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 Resources 
of the Senate as to the reasons the requirements of 
subsection (a) are not attainable. 
(c) EXCEPTION.— 
(1) IN GENERAL.—Notwithstanding the require-
ments of subsection (a), the Secretary may extend 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 consider— 
(A) the type, size, location, scope, and over-
all cost of the project; 
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(B) whether the project will use any innova-
tive 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. 
(3) NOTIFICATION.—Each time the Secretary 
makes a determination under this subsection, the Sec-
retary shall provide written notice to the Committee 
on Natural Resources of the House of Representatives 
and the Committees on Energy and Natural Re-
sources and Indian Affairs of the Senate as to the re-
sults of that determination, including an identifica-
tion of the specific one or more factors used in mak-
ing the determination that the project is complex. 
(4) LIMITATION.—The Secretary shall not extend 
the timeline for a project study for a period of more 
than 7 years, and any project study that is not com-
pleted before that date shall no longer be authorized. 
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(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 process 
for completing federally mandated reviews that the 
Secretary is required to complete as part of the study, 
including the environmental review process under sec-
tion 5; 
(2) convene a meeting of all Federal, tribal, and 
State agencies identified under section 5(d) that 
may— 
(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 agencies 
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 Rep-
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resentatives and the Committees on Energy and Natural 
Resources and Indian Affairs of the Senate and make pub-
licly available a report that describes— 
(1) the status of the implementation of the plan-
ning process under this section, including the number 
of participating projects; 
(2) a review of project delivery schedules, includ-
ing a description of any delays on those studies initi-
ated prior to the date of the enactment of this Act; 
and 
(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 Rep-
resentatives and the Committees on Energy and Natural 
Resources and Indian Affairs of the Senate and make pub-
licly 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 
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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. 4. 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 
(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. 5. 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 
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which an environmental review process document 
is prepared under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and 
(C) any project study for the development of 
a non-federally owned and operated surface 
water storage project for which the Secretary de-
termines there is a demonstrable Federal interest 
and the project— 
(i) is located in a river basin where 
other Bureau of Reclamation or the Bureau 
of Indian Affairs water projects are located; 
(ii) will create additional water sup-
plies that support Bureau of Reclamation 
or the Bureau of Indian Affairs water 
projects; or 
(iii) will become integrated into the 
operation of Bureau of Reclamation or the 
Bureau of Indian Affairs water projects. 
(2) FLEXIBILITY.—Any authority granted under 
this section may be exercised, and any requirement 
established under this section may be satisfied, for the 
conduct of an environmental review process for a 
project study, a class of project studies, or a program 
of project studies. 
(3) LIST OF PROJECT STUDIES.— 
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(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 
(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 en-
vironmental 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 gov-
ernmental agency or an Indian tribe for a project 
study described in subsection (b) be conducted, to the 
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maximum extent practicable, concurrently with any 
other applicable governmental agency or Indian tribe. 
(3) TIMING.—The coordinated environmental re-
view process under this subsection shall be completed 
not later than the date on which the Secretary, in 
consultation and concurrence with the agencies iden-
tified under section 5(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 require-
ments of section 1506.8 of title 40, Code of Fed-
eral Regulations (or successor regulations), in-
cluding the concurrence of the proposed 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 pre-
paring any environmental document under 
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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 Envi-
ronmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) required in support of any ac-
tion or approval by the Secretary if— 
(I) the Secretary provides guid-
ance in the preparation process and 
independently evaluates that document; 
(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 doc-
ument, regardless of whether the action 
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or approval of the Secretary results in 
Federal funding. 
(2) DUTIES.—The Secretary shall ensure that— 
(A) the project sponsor complies with all de-
sign and mitigation commitments made jointly 
by the Secretary and the project sponsor in any 
environmental document prepared by the project 
sponsor in accordance with this subsection; 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 Fed-
eral agency making any determination related 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 regula-
tions). 
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(4) ROLES AND RESPONSIBILITY OF LEAD AGEN-
CY.—With respect to the environmental review process 
for any project study, the Federal lead agency 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 reso-
lution 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 En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) is completed in accordance with this sec-
tion 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; 
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(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 re-
view process is being implemented by the Secretary 
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 agency 
shall invite, as early as practicable in the envi-
ronmental review process, any agency identified 
under paragraph (1) to become a participating 
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