I 
117TH CONGRESS 
1ST SESSION H. R. 4915 
To authorize the Secretary of the Interior to coordinate Federal and State 
permitting processes related to the construction of new surface water 
storage projects on lands under the jurisdiction of the Secretary of 
the Interior and the Secretary of Agriculture and to designate the Bureau 
of Reclamation as the lead agency for permit processing, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 3, 2021 
Mr. MCCLINTOCK introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To authorize the Secretary of the Interior to coordinate 
Federal and State permitting processes related to the 
construction of new surface water storage projects on 
lands under the jurisdiction of the Secretary of the Inte-
rior and the Secretary of Agriculture and to designate 
the Bureau of Reclamation as the lead agency for permit 
processing, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Water Supply Permit-
ting Coordination Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(2) 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 3(c). 
(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-
partment of Agriculture, exclusive of any easement, 
right-of-way, lease, or any private holding, unless the 
project applicant elects not to participate in the 
process authorized by this Act. Such term shall also 
include State-led projects (as defined in section 
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4007(a)(2) of the WIIN Act) for 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 admin-
istered by the Department of the Interior or the De-
partment of Agriculture, exclusive of any easement, 
right-of-way, lease, or any private holding, unless the 
project applicant elects not to participate in the 
process authorized by this Act. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3. ESTABLISHMENT OF LEAD AGENCY AND COOPER-
ATING AGENCIES. 
(a) ESTABLISHMENT OF LEAD AGENCY.—The Bu-
reau is established as the lead agency for purposes of co-
ordinating all reviews, analyses, opinions, statements, per-
mits, licenses, or other approvals or decisions 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, 
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analysis, opinion, statement, permit, license, ap-
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 
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(2) to make subject to the processes of this Act 
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. 4. BUREAU RESPONSIBILITIES. 
(a) IN GENERAL.—The principal responsibilities of 
the Bureau under this Act are— 
(1) to serve as the point of contact for appli-
cants, State agencies, Indian tribes, and others re-
garding proposed qualifying projects; 
(2) to 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) to coordinate all Federal agency reviews 
necessary for project development and construction 
of qualifying projects. 
(b) COORDINATION PROCESS.—The Bureau shall 
have the following coordination responsibilities: 
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(1) PREAPPLICATION
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— 
(A) to explain applicable processes, data 
requirements, and applicant submissions nec-
essary to complete the required Federal agency 
reviews within the timeframe established; and 
(B) to 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; 
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(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 1 year after acceptance 
of a completed project application when an en-
vironmental assessment and finding of no sig-
nificant impact is determined to be the appro-
priate level of review under the National Envi-
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ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(B) Not later than 1 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 
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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 5. 
SEC. 5. COOPERATING AGENCY RESPONSIBILITIES. 
(a) ADHERENCE TO BUREAU SCHEDULE.— 
(1) TIMEFRAMES.—On notification of an appli-
cation for a qualifying project, the head of each co-
operating agency shall submit to the Bureau a time-
frame under which the cooperating agency reason-
ably will be able to complete the authorizing respon-
sibilities of the cooperating agency. 
(2) SCHEDULE.— 
(A) USE
OF
TIMEFRAMES.—The Bureau 
shall use the timeframes submitted under this 
subsection to establish the project schedule 
under section 4. 
(B) ADHERENCE.—Each cooperating agen-
cy shall adhere to the project schedule estab-
lished by the Bureau under subparagraph (A). 
(b) ENVIRONMENTAL RECORD.—The head of each 
cooperating agency shall submit to the Bureau all environ-
mental review material produced or compiled in the course 
of carrying out activities required under Federal law, con-
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sistent with the project schedule established by the Bureau 
under subsection (a)(2). 
(c) DATA SUBMISSION.—To the extent practicable 
and consistent with Federal law, the head of each cooper-
ating agency shall submit all relevant project data to the 
Bureau in a generally accessible electronic format, subject 
to the project schedule established by the Bureau under 
subsection (a)(2). 
SEC. 6. FUNDING TO PROCESS PERMITS. 
(a) IN GENERAL.—The Secretary, after public notice 
in accordance with subchapter II of chapter 5, and chapter 
7, of title 5, United States Code (commonly known as the 
‘‘Administrative Procedure Act’’), may accept and expend 
funds contributed by a non-Federal public entity to expe-
dite the evaluation of a permit of that entity related to 
a qualifying project. 
(b) EFFECT ON PERMITTING.— 
(1) 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 of the region in which the quali-
fying project or activity is located (or a des-
ignee); and 
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(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. 
(2) IMPARTIAL DECISIONMAKING.—In carrying 
out this section, the Secretary and the head of each 
cooperating agency receiving funds under this sec-
tion for a qualifying project shall ensure that the use 
of the funds accepted under this section for the 
qualifying project shall not— 
(A) substantively or procedurally impact 
impartial decision making with respect to the 
issuance of permits; or 
(B) diminish, modify, or otherwise affect 
the statutory or regulatory authorities of the 
cooperating agency. 
(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)(1)(A). 
(d) PUBLIC AVAILABILITY.—The Secretary shall en-
sure that all final permit decisions carried out using funds 
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authorized under this section are made available to the 
public, including on the internet. 
Æ 
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