I 
113TH CONGRESS 
2D SESSION 
H. R. 5412 
To facilitate and streamline the Bureau of Reclamation process for creating 
or expanding surface water storage under Reclamation law. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 8, 2014 
Mr. HASTINGS of Washington 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 surface water storage 
under Reclamation law. 
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 
Surface Water Storage 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 
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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, 
opinion, statement, permit, license, or other approval 
or decision required for a project study under appli-
cable Federal laws (including regulations). 
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(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 to be carried out or funded by 
the Secretary pursuant to the Act of June 17, 1902 
(32 Stat. 388, chapter 1093), and Acts supple-
mental 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 other qualifying entity, such as a water conserva-
tion district, irrigation district, water conservancy 
district, or rural water district or association. 
(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 by the Bureau of Reclamation. 
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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 
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 
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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-
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 
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(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 1 or more factors used in making the deter-
mination 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 5; 
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