I 
115TH CONGRESS 
1ST SESSION 
H. R. 875 
To facilitate and streamline the Bureau of Reclamation process for creating 
or expanding water storage, rural water supply, and water recycling 
projects under Reclamation law, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2017 
Mr. NEWHOUSE introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To facilitate and streamline the Bureau of Reclamation proc-
ess for creating or expanding water storage, rural water 
supply, and water recycling projects under Reclamation 
law, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bureau of Reclamation 
Water Project Streamlining Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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, 
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, 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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 
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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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. 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, under the Reclamation Act of 1902 
(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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
of Reclamation concurrently conduct the review re-
quired under that 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. 
(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-
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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. 
(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. 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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 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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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 
(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— 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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. 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— 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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 non-federally owned and operated surface 
water storage project for which the Secretary 
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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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 
(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.— 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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-
retary, in consultation and concurrence with the 
agencies identified 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 
requirements of section 1506.8 of title 40, Code 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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. 
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— 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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— 
(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-
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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 
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-
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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; 
(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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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 
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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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 
(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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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 
(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, 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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— 
(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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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 
(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). 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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 
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. 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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 
(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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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: 
(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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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, 
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-
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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. 
(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-
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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 
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. 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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. 
(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. 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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. 
(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-
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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 
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.— 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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 
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). 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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. 
(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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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 
funds made available for the applicable 
agency office for that fiscal year. 
(iii) 
AGGREGATE.—Notwithstanding 
any other provision of law, for each fiscal 
year, the aggregate amount of financial 
penalties assessed against each applicable 
agency office under this Act and any other 
Federal law as a result of a failure of the 
agency to make a decision by an applicable 
deadline for environmental review, includ-
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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; 
(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. 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
(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; 
(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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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 
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 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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 
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-
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS
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-
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— 
VerDate Sep 11 2014 
23:29 Feb 13, 2017
Jkt 069200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H875.IH
H875
sradovich on DSK3GMQ082PROD with BILLS