(c) WATER DESALINATION ACT AMENDMENT.—Sec-
tion 4(a)(1)(F) of the Water Desalination Act of 1996 (42 
U.S.C. 10301 note; Public Law 104–298), as amended by 
section 4009 of the WIIN Act, is further amended by 
striking ‘‘$30,000,000 of funding is authorized to remain 
available until expended; and’’ and inserting ‘‘$12,000,000 
is authorized to be appropriated for each of fiscal years 
2021 through 2025.’’. 
(d) RECLAMATION
WASTEWATER
AND
GROUND 
WATER STUDY AND FACILITIES ACT AMENDMENT.—Sec-
tion 1602(g) of the Reclamation Wastewater and Ground-
water Study and Facilities Act (title XVI of Public Law 
102–575; 43 U.S.C. 390h(g)), as amended by section 
4009 of the WIIN Act, is further amended by striking 
‘‘$50,000,000 to remain available until expended’’ and in-
serting ‘‘$20,000,000 for each of fiscal years 2021 
through 2025’’. 
(e) CALFED AUTHORIZATION.—Title I of Public 
Law 108–361 (the CALFED Bay-Delta Authorization 
Act) (118 Stat. 1681; 123 Stat. 2860; 128 Stat. 164; 128 
Stat. 2312) (as amended by section 4007(k) of the WIIN 
Act (130 Stat. 1866)) is amended by striking ‘‘2019’’ each 
place it appears and inserting ‘‘2025’’. 
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(f) BLUEPRINT PARTICIPATION.—Section 4009 of 
the WIIN Act (Public Law 114–322) is amended by add-
ing after subsection (a) the following: 
‘‘(b) AUTHORIZATION TO PARTICIPATE.—The Sec-
retary of the Interior is authorized to participate in the 
development of the Water Blueprint for the San Joaquin 
Valley, including the development of policy and infrastruc-
ture recommendations that— 
‘‘(1) increase surface water availability and reli-
ability; and 
‘‘(2) reduce groundwater overdraft.’’. 
(g) 
STORAGE
PROJECT
FEASIBILITY.—Section 
4007(a) of the WIIN Act (43 U.S.C. 390b(a)) is amended 
by adding at the end the following: 
‘‘(3) FEASIBLE.—The term ‘feasible’ in regards 
to any Federally owned storage project or State-led 
storage project, means any such project for which 
the Secretary of the Interior determines that— 
‘‘(A) engineering and cost estimates have 
been completed consistent with the level of de-
tail required for typical feasibility studies used 
to assist in the selection of a preferred plan or 
alternative in order to ensure the project is con-
structible and estimated costs support feasi-
bility; 
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‘‘(B) there is reasonable certainty that en-
vironmental compliance and permitting, con-
sistent with applicable Federal and State laws, 
shall be completed and any potential changes to 
the project that may be required by those laws 
have been identified; and 
‘‘(C) the maximum amount of Federal 
funds provided is no less than the projected 
Federal benefits, including, but not limited to, 
water supply, irrigation, flood control, hydro-
electric power, navigation, recreation, fish and 
wildlife enhancement, water quality, or road im-
provement, maintenance, or relocation provided 
by the project.’’. 
(h) 
STORAGE
PROJECT
FLEXIBILITY.—Section 
4007(b)(1) of the WIIN Act (Public Law 114–322) is 
amended by striking ‘‘or any public agency’’ and inserting 
‘‘any public agency, or any other entity’’. 
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TITLE 
II—SACRAMENTO-SAN 
JOAQUIN VALLEY WATER RE-
LIABILITY ACT 
Subtitle A—Central Valley Project 
Water Reliability 
SEC. 2001. AMENDMENT TO PURPOSES. 
Section 3402 of the Central Valley Project Improve-
ment Act (106 Stat. 4706) is amended— 
(1) in subsection (f), by striking the period at 
the end; and 
(2) by adding at the end the following: 
‘‘(g) to ensure that water dedicated to fish and wild-
life purposes by this title is replaced and provided to Cen-
tral Valley Project water contractors by December 31, 
2023, at the lowest cost reasonably achievable; and 
‘‘(h) to facilitate and expedite water transfers in ac-
cordance with this Act.’’. 
SEC. 2002. AMENDMENT TO DEFINITION. 
Section 3403 of the Central Valley Project Improve-
ment Act (106 Stat. 4707) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) the term ‘anadromous fish’ means those native 
stocks of salmon (including steelhead) and sturgeon that, 
as of October 30, 1992, were present in the Sacramento 
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and San Joaquin Rivers and their tributaries and ascend 
those rivers and their tributaries to reproduce after matur-
ing in San Francisco Bay or the Pacific Ocean;’’; 
(2) in subsection (h), by striking ‘‘(h) The term 
‘natural production’ means fish produced to adult-
hood without direct human intervention in the 
spawning, rearing, or migration processes;’’ and by 
redesignating subsections (i) through (m) as sub-
sections (h) through (l), respectively; 
(3) in subsection (k), by striking ‘‘and,’’ after 
‘‘this title’’; 
(4) in subsection (l), by striking the period and 
inserting ‘‘; and’’; and 
(5) by adding at the end the following: 
‘‘(m) the term ‘reasonable flows’ means water flows 
capable of being maintained taking into account com-
peting consumptive uses of water and economic, environ-
mental, and social factors.’’. 
SEC. 2003. CONTRACTS. 
Section 3404 of the Central Valley Project Improve-
ment Act (106 Stat. 4708) is amended— 
(1) in the heading, by striking ‘‘LIMITATION 
ON
CONTRACTING
AND
CONTRACT
REFORM’’ 
and inserting ‘‘CONTRACTS’’; and 
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(2) by striking the language of the section and 
by adding: 
‘‘(a) RENEWAL
OF EXISTING LONG-TERM CON-
TRACTS.—Upon request of the contractor, the Secretary 
shall renew any existing long-term repayment or water 
service contract that provides for the delivery of water 
from the Central Valley Project for a period of 40 years. 
In renewing the contract, the Secretary shall not have dis-
cretion to reduce the quantity of water to be delivered 
under the contract. 
‘‘(b) ADMINISTRATION OF CONTRACTS.—Except as 
expressly provided by this Act, any existing long-term re-
payment or water service contract for the delivery of water 
from the Central Valley Project shall be administered pur-
suant to the Reclamation laws applicable to the contract, 
including the Act of July 2, 1956 (70 Stat. 483), when 
applicable. 
‘‘(c) PRICING BASED ON WATER DELIVERIES.—Be-
ginning on the date of the enactment of this Act, the Sec-
retary shall charge contractors only for water actually de-
livered. The Secretary shall incorporate this term in all 
contracts for the delivery of water from the Central Valley 
Project.’’. 
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SEC. 2004. WATER TRANSFERS, IMPROVED WATER MANAGE-
MENT, AND CONSERVATION. 
Section 3405 of the Central Valley Project Improve-
ment Act (106 Stat. 4709) is amended as follows: 
(1) In subsection (a)— 
(A) by inserting before ‘‘Except as pro-
vided herein’’ the following: ‘‘The Secretary 
shall take all necessary actions to facilitate and 
expedite transfers of Central Valley Project 
water in accordance with this Act or any other 
provision of Federal Reclamation laws and the 
National Environmental Policy Act of 1969.’’; 
(B) in paragraph (1)(A), by striking ‘‘to 
combination’’ and inserting ‘‘or combination’’; 
(C) in paragraph (2), by adding at the end 
the following: 
‘‘(E) The contracting district from which 
the water is coming, the agency, or the Sec-
retary shall determine if a written transfer pro-
posal is complete within 45 days after the date 
of submission of such proposal. If such district 
or agency or the Secretary determines that such 
proposal is incomplete, such district or agency 
or the Secretary shall state with specificity 
what must be added to or revised in order for 
such proposal to be complete. 
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‘‘(F) Except as provided in this section, 
the Secretary shall not impose mitigation or 
other requirements on a proposed transfer, but 
the contracting district from which the water is 
coming or the agency shall retain all authority 
under State law to approve or condition a pro-
posed transfer.’’; and 
(D) by adding at the end the following: 
‘‘(4) Notwithstanding any other provision of 
Federal Reclamation laws— 
‘‘(A) the authority to make transfers or ex-
changes of, or banking or recharge arrange-
ments using, Central Valley Project water that 
could have been conducted before October 30, 
1992, is valid, and such transfers, exchanges, 
or arrangements shall not be subject to, limited, 
or conditioned by this title; and 
‘‘(B) this title shall not supersede or re-
voke the authority to transfer, exchange, bank, 
or recharge Central Valley Project water that 
existed prior to October 30, 1992.’’. 
(2) In subsection (b)— 
(A) in the heading, by striking ‘‘METER-
ING’’ and inserting ‘‘MEASUREMENT’’; and 
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(B) by inserting after the first sentence 
the following: ‘‘The contracting district or agen-
cy shall ensure that all surface water delivery 
systems owned or operated by that contracting 
district or agency within its boundaries measure 
surface water at the district or agency’s facili-
ties up to the point the surface water is com-
mingled with other water supplies.’’. 
(3) By striking subsection (d). 
(4) By redesignating subsections (e) and (f) as 
subsections (d) and (e), respectively. 
(5) By amending subsection (e) (as redesig-
nated by paragraph (4))— 
(A) by striking ‘‘as a result of the in-
creased repayment’’ and inserting ‘‘that exceed 
the cost-of-service’’; 
(B) by inserting ‘‘the delivery of’’ after 
‘‘rates applicable to’’; 
(C) by striking ‘‘, and all increased reve-
nues received by the Secretary as a result of the 
increased water prices established under sub-
section 3405(d) of this section,’’; and 
(D) by striking ‘‘covered’’ and inserting 
‘‘deposited’’. 
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SEC. 2005. FISH, WILDLIFE, AND HABITAT RESTORATION. 
Section 3406 of the Central Valley Project Improve-
ment Act (106 Stat. 4714) is amended as follows: 
(1) In subsection (a) by striking paragraphs (1) 
and (2), and redesignating paragraphs (3) and (4) 
as (1) and (2); 
(2) In subsection (b)— 
(A) by striking ‘‘establishing’’ and insert-
ing ‘‘that establish’’; and 
(B) by inserting ‘‘, that the Secretary has 
determined are not inconsistent with the con-
gressionally 
authorized 
purposes 
of 
the 
project,’’ after ‘‘California State Water Re-
sources Control Board’’; 
(C) in paragraph (1)— 
(i) by striking ‘‘natural production 
of’’; 
(ii) by striking ‘‘levels not less than 
twice’’; and 
(iii) by striking ‘‘title; And provided 
further,’’ and all that follows through the 
period and inserting ‘‘title.’’; 
(D) in paragraph (1)(B)— 
(i) by striking ‘‘is authorized and di-
rected to’’ and inserting ‘‘may’’; 
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(ii) by inserting ‘‘reasonable water’’ 
after ‘‘to provide’’; 
(iii) by striking ‘‘anadromous fish, ex-
cept that such’’ and inserting ‘‘anad-
romous fish. Such’’; 
(iv) by striking ‘‘remaining contrac-
tual obligations’’ and inserting ‘‘contrac-
tual obligations’’; 
(v) by striking ‘‘Instream flow’’ and 
inserting ‘‘Reasonable instream flow’’; 
(vi) by inserting ‘‘and the National 
Marine Fisheries Service’’ after ‘‘United 
States Fish and Wildlife Service’’; and 
(vii) by striking ‘‘after consultation 
with the California Department of Fish 
and Game’’; 
(E) in paragraph (2)— 
(i) by striking ‘‘primary purpose’’ and 
inserting ‘‘purposes’’; 
(ii) by striking ‘‘but not limited to’’ 
before ‘‘additional obligations’’; and 
(iii) by adding after the period the fol-
lowing: ‘‘All Central Valley Project water 
used for the purposes specified in this 
paragraph shall be credited to the quantity 
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of Central Valley Project yield dedicated 
and managed under this paragraph by de-
termining how the dedication and manage-
ment of such water would affect the deliv-
ery capability of the Central Valley Project 
during the 1928 to 1934 drought period 
after fishery, water quality, and other flow 
and operational requirements imposed by 
terms and conditions existing in licenses, 
permits, and other agreements pertaining 
to the Central Valley Project under appli-
cable State or Federal law existing on Oc-
tober 30, 1992, have been met. To the full-
est extent possible and in accordance with 
section 3411, Central Valley Project water 
dedicated and managed pursuant to this 
paragraph shall be reused to fulfill the 
Secretary’s contractual obligations to pro-
vide Central Valley Project water for agri-
cultural or municipal and industrial pur-
poses.’’; 
(F) by amending paragraph (2)(B) to 
read: 
‘‘(B) Such quantity of water shall be man-
aged by the Bureau of Reclamation after con-
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tractors in the Delta Division of the Central Valley 
Project is below 75 percent of the total quantity of 
water to be made available under said contracts, the 
quantity of water dedicated under paragraph (1) of 
this subsection shall be reduced by 25 percent.’’. 
(5) In subsection (e)— 
(A) in paragraph (2), by striking ‘‘Pro-
vided, That additional hatchery production shall 
only be used to supplement or to re-establish 
natural production while avoiding adverse ef-
fects on remaining wild stocks;’’; and 
(B) in paragraph (6), by striking ‘‘restore, 
and enhance natural production of salmon and 
steelhead trout’’ and inserting ‘‘and restore 
anadromous fish’’. 
(6) By adding at the end the following: 
‘‘(i) NATURAL
AND ARTIFICIAL PRODUCTION
OF 
SPECIES.—Regardless of the date of listing, the Secre-
taries of the Interior and Commerce shall not distinguish 
between natural production and artificial propagation or 
artificial production strains of a species in making any de-
termination 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 
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their tributaries to reproduce after maturing in San Fran-
cisco Bay or the Pacific Ocean. 
‘‘(j) SATISFACTION OF PURPOSES.—By pursuing the 
activities described in this section, the Secretary shall be 
deemed to have met the fish and wildlife mitigation, pro-
tection, restoration, and enhancement purposes of this 
title.’’. 
SEC. 2006. RESTORATION FUND. 
(a) IN GENERAL.—Section 3407(a) of the Central 
Valley Project Improvement Act (106 Stat. 4726) is 
amended as follows: 
(1) By inserting ‘‘(1) IN GENERAL.—There is 
hereby’’. 
(2) By striking ‘‘Not less than 67 percent’’ and 
all that follows through ‘‘Monies’’ and inserting 
‘‘Monies’’. 
(3) By adding at the end the following: 
‘‘(2) PROHIBITIONS.—The Secretary may not 
directly or indirectly require a donation or other 
payment to the Restoration Fund— 
‘‘(A) or environmental restoration or miti-
gation fees not otherwise provided by law, as a 
condition to— 
‘‘(i) providing for the storage or con-
veyance of non-Central Valley Project 
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water pursuant to Federal reclamation 
laws; or 
‘‘(ii) the delivery of water pursuant to 
section 215 of the Reclamation Reform Act 
of 1982 (Public Law 97–293; 96 Stat. 
1270); or 
‘‘(B) for any water that is delivered with 
the intent of groundwater recharge or bank-
ing.’’. 
(b) CERTAIN PAYMENTS.—Section 3407(c)(1) of the 
Central Valley Project Improvement Act is amended— 
(1) by striking ‘‘provided for or’’; and 
(2) by striking ‘‘of fish, wildlife’’ and all that 
follows through the period and inserting ‘‘of carrying 
out all activities described in this title.’’. 
(c) ADJUSTMENT AND ASSESSMENT OF MITIGATION 
AND RESTORATION PAYMENTS.—Section 3407(d)(2)(A) 
of the Central Valley Project Improvement Act is amended 
by inserting ‘‘, or after October 1, 2013, $4 per megawatt- 
hour for Central Valley Project power sold to power con-
tractors (October 2013 price levels)’’ after ‘‘$12 per acre- 
foot (October 1992 price levels) for municipal and indus-
trial water sold and delivered by the Central Valley 
Project’’. 
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(d) 
COMPLETION
OF
ACTIONS.—Section 
3407(d)(2)(A) of the Central Valley Project Improvement 
Act is amended by inserting ‘‘not later than December 31, 
2025,’’ after ‘‘That upon the completion of the fish, wild-
life, and habitat mitigation and restoration actions man-
dated under section 3406,’’. 
(e) REPORT; ADVISORY BOARD.—Section 3407 of the 
Central Valley Project Improvement Act (106 Stat. 4714) 
is amended by adding at the end the following: 
‘‘(g) REPORT ON EXPENDITURE OF FUNDS.—At the 
end of each fiscal year, the Secretary, in consultation with 
the Restoration Fund Advisory Board, shall submit to 
Congress a plan for the expenditure of all of the funds 
deposited into the Restoration Fund during the preceding 
fiscal year. Such plan shall contain a cost-effectiveness 
analysis of each expenditure. 
‘‘(h) ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—There is hereby estab-
lished the Restoration Fund Advisory Board (herein-
after in this section referred to as the ‘Advisory 
Board’) composed of 12 members selected by the 
Secretary, each for four-year terms, one of whom 
shall be designated by the Secretary as Chairman. 
The members shall be selected so as to represent the 
various Central Valley Project stakeholders, four of 
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whom shall be from CVP agricultural users, three 
from CVP municipal and industrial users, three 
from CVP power contractors, and two at the discre-
tion of the Secretary. The Secretary and the Sec-
retary of Commerce may each designate a represent-
ative to act as an observer of the Advisory Board. 
‘‘(2) DUTIES.—The duties of the Advisory 
Board are as follows: 
‘‘(A) To meet at least semiannually to de-
velop and make recommendations to the Sec-
retary regarding priorities and spending levels 
on projects and programs carried out pursuant 
to the Central Valley Project Improvement Act. 
‘‘(B) To ensure that any advice or rec-
ommendation made by the Advisory Board to 
the Secretary reflect the independent judgment 
of the Advisory Board. 
‘‘(C) Not later than December 31, 2021, 
and annually thereafter, to transmit to the Sec-
retary and Congress recommendations required 
under subparagraph (A). 
‘‘(D) Not later than December 31, 2021, 
and biennially thereafter, to transmit to Con-
gress a report that details the progress made in 
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achieving the actions mandated under section 
3406. 
‘‘(3) ADMINISTRATION.—With the consent of 
the appropriate agency head, the Advisory Board 
may use the facilities and services of any Federal 
agency.’’. 
SEC. 2007. ADDITIONAL AUTHORITIES. 
(a) AUTHORITY FOR CERTAIN ACTIVITIES.—Section 
3408 of the Central Valley Project Improvement Act (106 
Stat. 4728) is amended— 
(1) by amending subdivision (c) to read as fol-
lows: 
‘‘(c) ADDITIONAL
STORAGE
AND
DELIVERY
OF 
WATER.— 
‘‘(1) IN GENERAL.—Pursuant to Federal Rec-
lamation laws and this title, the Secretary is author-
ized to enter into contracts or agreements with any 
Federal agency, California water user or water agen-
cy, State agency, joint powers authority, or private 
organization for the exchange, impoundment, stor-
age, carriage, and delivery of non-project water for 
domestic, municipal, industrial, fish and wildlife, 
groundwater recharge or banking, and any other 
beneficial purpose. 
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‘‘(2) LIMITATION.—Nothing in this subsection 
shall be deemed to supersede the provisions of sec-
tion 103 of Public Law 99–546 (100 Stat. 3051). 
‘‘(3) AUTHORITY FOR CERTAIN ACTIVITIES.— 
The Secretary shall use the authority granted by 
this subsection in connection with requests to ex-
change, impound, store, carry, or deliver non-project 
water using Central Valley Project facilities for any 
beneficial purpose where such facilities are not oth-
erwise committed or required to fulfill project pur-
poses, including deliveries under existing contracts, 
or other Federal obligations. 
‘‘(4) RATES.—The Secretary shall develop rates 
not to exceed the amount required to recover the 
reasonable costs incurred by the Secretary in con-
nection with a beneficial purpose under this sub-
section. Such rates shall be charged to a party using 
Central Valley Project facilities for such purpose. 
Such costs shall not include any donation or other 
payment to the Restoration Fund. 
‘‘(5) CONSTRUCTION.—This subsection shall be 
construed and implemented to facilitate and encour-
age the use of Central Valley Project facilities to ex-
change, carry, or deliver non-project water for any 
beneficial purpose.’’; and 
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(2) by striking subsection (d) and redesignating 
subsections (e) through (k) as subsections (d) 
through (j). 
(b) REPORTING REQUIREMENTS.—Section 3408(e) 
of the Central Valley Project Improvement Act (106 Stat. 
4729) is amended— 
(1) by striking ‘‘Interior and Insular Affairs 
and the Committee on Merchant Marine and Fish-
eries’’ and inserting ‘‘Natural Resources’’; 
(2) in the second sentence, by inserting before 
the period at the end the following: ‘‘, including 
progress on the plan required by subsection (i)’’; and 
(3) by adding at the end the following: ‘‘The fil-
ing and adequacy of such report shall be personally 
certified to the Committees referenced above by the 
Regional Director of the Mid-Pacific Region of the 
Bureau of Reclamation.’’. 
(c) PROJECT YIELD INCREASE.—Section 3408(i) of 
the Central Valley Project Improvement Act (106 Stat. 
4730) is amended as follows: 
(1) By redesignating paragraphs (1) through 
(7) as subparagraphs (A) through (G), respectively. 
(2) By striking ‘‘In order to minimize adverse 
effects, if any, upon’’ and inserting ‘‘(1) IN GEN-
ERAL.—In order to minimize adverse effects upon’’. 
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(3) By striking ‘‘needs, the Secretary,’’ and all 
that follows through ‘‘submit to the Congress, a’’ 
and inserting ‘‘needs, the Secretary, on a priority 
basis and not later than September 30, 2020, shall 
submit to Congress a’’. 
(4) By striking ‘‘increase,’’ and all that follows 
through ‘‘options:’’ and inserting ‘‘increase, as soon 
as possible but not later than September 30, 2023 
(except for the construction of new facilities which 
shall not be limited by that deadline), the water of 
the Central Valley Project by the amount dedicated 
and managed for fish and wildlife purposes under 
this title and otherwise required to meet the pur-
poses of the Central Valley Project including satis-
fying contractual obligations. All costs incurred in 
the development and implementation of the plan re-
quired by this subsection shall not be reimbursable 
to the United States and shall include recommenda-
tions on authorizing legislation or other measures 
needed to implement the intent, purposes, and provi-
sions of this subsection and a description of how the 
Secretary intends to use the following options:’’. 
(5) In subparagraph (A), by inserting ‘‘, includ-
ing construction of new water storage facilities’’ be-
fore the semicolon. 
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(6) In subparagraph (F), by striking ‘‘and’’ at 
the end. 
(7) In subparagraph (G), by striking the period 
and all that follows through the end of the sub-
section and inserting ‘‘; and’’. 
(8) By inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) Water banking and recharge.’’. 
(9) By adding at the end the following: 
‘‘(2) IMPLEMENTATION
OF
PLAN.—The Sec-
retary shall implement the plan required by para-
graph (1) commencing on October 1, 2020. 
‘‘(3) FAILURE OF THE PLAN.—Notwithstanding 
any other provision of Federal Reclamation laws, if 
by September 30, 2023, the plan required by para-
graph (1) fails to increase the annual delivery capa-
bility of the Central Valley Project by 800,000 acre- 
feet, implementation 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(g) of 
the Central Valley Project Improvement Act (106 Stat. 
4729) is amended— 
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(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)’’. 
SEC. 2008. AMENDMENTS TO CENTRAL VALLEY PROJECT 
AUTHORIZATIONS. 
Section 2 of the Act of August 26, 1937 (chapter 
832; 50 Stat. 850), as amended, is further amended as 
follows: 
(1) In the last proviso of subsection (a)— 
(A) by striking ‘‘second, for irrigation and 
domestic uses’’ and inserting ‘‘second, for irri-
gation, domestic, and municipal and industrial 
uses;’’; 
(B) by striking ‘‘and fish and wildlife miti-
gation, protection and restoration purposes;’’; 
(C) by striking ‘‘and, third,’’ and inserting 
‘‘third,’’; 
(D) by striking ‘‘power and fish and wild-
life enhancement’’ and inserting ‘‘power genera-
tion;’’; 
(E) by inserting after ‘‘power generation;’’ 
‘‘fourth, for purposes of mitigating impacts to 
fish and wildlife caused by the construction, op-
eration, or maintenance of the Central Valley 
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Project; and fifth, for purposes of protecting, 
enhancing, or helping to restore fish and wild-
life.’’; and 
(F) by adding at the end the following: 
‘‘When there is insufficient Central Valley 
Project yield to meet all the demands for water 
deliveries from the Central Valley Project, the 
Secretary shall apply these priorities in making 
allocations of available water.’’. 
(2) In subsection (b)(1), by striking the last 
sentence. 
SEC. 2009. 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 Central Valley Project 
or the delivery of water therefrom in accordance with the 
California Environmental Quality Act shall be deemed to 
meet the requirements of section 102(2)(C) of the Na-
tional Environmental 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 Central Valley Project or the delivery of 
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water therefrom pending completion of judicial review of 
any determination made under the National Environ-
mental Protection Act of 1969 (42 U.S.C. 4332(2)(C)). 
(c) PROJECT DEFINED.—For the purposes of this 
section, the term ‘‘project’’— 
(1) means an activity that— 
(A) is undertaken by a public agency, 
funded by a public agency, or that requires an 
issuance of a permit by a public agency; 
(B) has a potential to result in physical 
change to the environment; and 
(C) may be subject to several discretionary 
approvals by governmental agencies; 
(2) may include construction activities, clearing 
or grading of land, improvements to existing struc-
tures, and activities or equipment involving the 
issuance of a permit; or 
(3) qualifies as a project under the California 
Environmental Quality Act as defined in section 
21065 of the California Public Resource Code. 
(d) CONGRESSIONAL DIRECTION REGARDING CEN-
TRAL VALLEY PROJECT AND CALIFORNIA STATE WATER 
PROJECT OPERATIONS.—Notwithstanding any other pro-
vision of law, complying with the Biological Opinion for 
Reinitiation of Consultation on the Coordinated Oper-
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ations of the Central Valley Project and State Water 
Project, released by the United States Fish and Wildlife 
Service and the National Marine Fisheries Service on Oc-
tober 21, 2019, combined with efforts carried out pursu-
ant to Public Law 102–575 and Public Law 114–322, 
fully meet all requirements of applicable Federal environ-
mental laws, including the Endangered Species Act (16 
U.S.C. 1531 et seq.) for the Central Valley Project and 
the State Water Project. 
Subtitle B—San Joaquin River 
Restoration 
SEC. 2101. REPEAL OF THE SAN JOAQUIN RIVER SETTLE-
MENT. 
As of the date of the enactment of this title, the Sec-
retary shall cease any action to implement the Stipulation 
of Settlement (Natural Resources Defense Council, et al. 
v. Kirk Rodgers, et al., Eastern District of California, No. 
Civ. S–88–1658 LKK/GGH). 
SEC. 2102. PURPOSE. 
Section 10002 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended by strik-
ing ‘‘implementation of the Settlement’’ and inserting 
‘‘restoration of the San Joaquin River’’. 
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SEC. 2103. DEFINITIONS. 
Section 10003 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) The term ‘Restoration Flows’ means the 
additional water released or bypassed from Friant 
Dam to insure that the target flow entering 
Mendota Pool, located approximately 62 river miles 
downstream from Friant Dam, does not fall below 
50 cubic feet per second.’’; 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) The term ‘Water Year’ means March 1 
through the last day of February of the following 
Calendar Year, both dates inclusive.’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) The term ‘Critical Water Year’ means 
when the total unimpaired runoff at Friant Dam is 
less than 400,000 acre-feet, as forecasted as of 
March 1 of that water year by the California De-
partment of Water Resources.’’. 
SEC. 2104. IMPLEMENTATION OF RESTORATION. 
Section 10004 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
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(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘authorized and directed’’ and all 
that follows through ‘‘in the Settlement:’’ and 
inserting ‘‘authorized to carry out the fol-
lowing:’’; 
(B) by striking paragraphs (1), (2), (4), 
and (5); 
(C) in paragraph (3)— 
(i) by striking ‘‘(3)’’ and inserting 
‘‘(1)’’; and 
(ii) by striking ‘‘paragraph 13 of the 
Settlement’’ and inserting ‘‘this part’’; and 
(D) by adding at the end the following new 
paragraphs: 
‘‘(2) In each Water Year, commencing in the 
Water Year starting on March 1, 2021— 
‘‘(A) shall modify Friant Dam operations 
so as to release the Restoration Flows for that 
Water Year, except in any Critical Water Year; 
‘‘(B) shall ensure that the release of Res-
toration Flows are maintained at the level pre-
scribed by this part, but that Restoration Flows 
do not reach downstream of Mendota Pool; 
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‘‘(C) shall release the Restoration Flows in 
a manner that improves the fishery in the San 
Joaquin River below Friant Dam, but upstream 
of Gravelly Ford in existence as of the date of 
the enactment of this part, and the associated 
riparian habitat; and 
‘‘(D) may, without limiting the actions re-
quired under paragraphs (A) and (C) and sub-
ject to subsections 10004(a)(3) and 10004(l), 
use the Restoration Flows to enhance or restore 
a warm water fishery downstream of Gravelly 
Ford to and including Mendota Pool, if the Sec-
retary determines that it is reasonable, prudent, 
and feasible to do so. 
‘‘(3) Not later than 1 year after the date of the 
enactment of this section, the Secretary shall develop 
and implement, in cooperation with the State of 
California, a reasonable plan, to fully recirculate, re-
capture, reuse, exchange, or transfer all Restoration 
Flows and provide such recirculated, recaptured, re-
used, exchanged, or transferred flows to those con-
tractors within the Friant Division, Hidden Unit, 
and Buchanan Unit of the Central Valley Project 
that relinquished the Restoration Flows so recir-
culated, recaptured, reused, exchanged, or trans-
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ferred. Such a plan shall address any impact on 
ground water resources within the service area of 
the Friant Division, Hidden Unit, and Buchanan 
Unit of the Central Valley Project and mitigation 
may include ground water banking and recharge 
projects. Such a plan shall not impact the water 
supply or water rights of any entity outside the 
Friant Division, Hidden Unit, and Buchanan Unit 
of the Central Valley Project. Such a plan shall be 
subject to applicable provisions of California water 
law and the Secretary’s use of Central Valley Project 
facilities to make Project water (other than water 
released from Friant Dam pursuant to this part) 
and water acquired through transfers available to 
existing south-of-Delta Central Valley Project con-
tractors.’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘the Set-
tlement’’ and inserting ‘‘this part’’; and 
(B) in paragraph (2), by striking ‘‘the Set-
tlement’’ and inserting ‘‘this part’’; 
(3) in subsection (c), by striking ‘‘the Settle-
ment’’ and inserting ‘‘this part’’; 
(4) by striking subsection (d) and inserting the 
following: 
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‘‘(d) MITIGATION OF IMPACTS.—Prior to October 1, 
2020, the Secretary shall identify— 
‘‘(1) the impacts associated with the release of 
Restoration Flows prescribed in this part; 
‘‘(2) the measures which shall be implemented 
to mitigate impacts on adjacent and downstream 
water users, landowners and agencies as a result of 
Restoration Flows prescribed in this part; and 
‘‘(3) prior to the implementation of decisions or 
agreements to construct, improve, operate, or main-
tain facilities that the Secretary determines are 
needed to implement this part, the Secretary shall 
implement all mitigations measures identified in sub-
section (d)(2) before Restoration Flows are com-
menced.’’; 
(5) in subsection (e), by striking ‘‘the Settle-
ment’’ and inserting ‘‘this part’’; 
(6) in subsection (f), by striking ‘‘the Settle-
ment’’ and all that follows through ‘‘section 10011’’ 
and insert ‘‘this part’’; 
(7) in subsection (g)— 
(A) by striking ‘‘the Settlement and’’ be-
fore this part; and 
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(B) by striking ‘‘or exchange contract’’ and 
inserting ‘‘exchange contract, or water rights 
settlement or holding contracts’’; 
(8) in subsection (h)— 
(A) by striking ‘‘INTERIM’’ in the header; 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘Interim Flows 
under the Settlement’’ and inserting ‘‘Res-
toration Flows under this part’’; 
(ii) in subparagraph (C)— 
(I) in clause (i), by striking ‘‘In-
terim’’ and inserting ‘‘Restoration’’; 
and 
(II) in clause (ii), by inserting 
‘‘and’’ after the semicolon; 
(iii) in subparagraph (D), by striking 
‘‘and’’ at the end; and 
(iv) by striking subparagraph (E); 
(C) in paragraph (2)— 
(i) by striking ‘‘Interim’’ and insert-
ing ‘‘Restoration’’; 
(ii) by striking subparagraph (A); and 
(iii) by striking ‘‘(B) exceed’’ and in-
serting ‘‘exceed’’; 
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(D) in paragraph (3), by striking ‘‘In-
terim’’ and inserting ‘‘Restoration’’; and 
(E) by striking paragraph (4) and insert-
ing the following: 
‘‘(4) CLAIMS.—Not later than 60 days after the 
date of the enactment of this Act the Secretary shall 
promulgate a rule establishing a claims process to 
address current and future claims including, but not 
limited to, ground water seepage, flooding, or levee 
instability damages caused as a result of, arising out 
of, or related to implementation of subtitle A of title 
X of Public Law 111–11.’’; 
(9) in subsection (i)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘the Settlement and 
parts I and III’’ and inserting ‘‘this part’’; 
(ii) in subparagraph (A), by inserting 
‘‘and’’ after the semicolon; 
(iii) in subparagraph (B)— 
(I) 
by 
striking 
‘‘additional 
amounts authorized to be appro-
priated, including the’’; and 
(II) by striking ‘‘; and’’ and in-
serting a period; and 
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(iv) by striking subparagraph (C); and 
(B) by striking paragraph (3); and 
(10) by adding at the end the following new 
subsections: 
‘‘(k) NO IMPACTS ON OTHER INTERESTS.—No Cen-
tral Valley Project or other water other than San Joaquin 
River water impounded by or bypassed from Friant Dam 
shall be used to implement subsection (a)(2) unless such 
use is on a voluntary basis. No cost associated with the 
implementation of this section shall be imposed directly 
or indirectly on any Central Valley Project contractor, or 
any other person or entity, outside the Friant Division, 
the Hidden Unit, or the Buchanan Unit, unless such costs 
are incurred on a voluntary basis. The implementation of 
this part shall not result directly or indirectly in any re-
duction in water supplies to or water reliability for any 
Central Valley Project contractor, any State Water 
Project contractor, or any other person or entity, outside 
the Friant Division, the Hidden Unit, or the Buchanan 
Unit, unless such reductions or costs are incurred on a 
voluntary basis. 
‘‘(l) PRIORITY.—All actions taken under this part 
shall be subordinate to the Secretary’s use of Central Val-
ley Project facilities to make Project water available to 
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Project contractors, other than water released from the 
Friant Dam pursuant to this part. 
‘‘(m) IN GENERAL.—Notwithstanding section 8 of 
the Reclamation Act of 1902, except as expressly provided 
in this part, including title II of this Act, this part pre-
empts and supersedes any State law, regulation, or re-
quirement that imposes more restrictive requirements or 
regulations on the activities authorized under this part. 
Nothing in this part shall alter or modify the obligations, 
if any, of the Friant Division, Hidden Unit, and Buchanan 
Unit of the Central Valley Project, or other water users 
on the San Joaquin River or its tributaries, under orders 
issued by the State Water Resources Control Board pursu-
ant to the Porter-Cologne Water Quality Control Act 
(California Water Code sections 13000 et seq.). Any such 
order shall be consistent with the congressional authoriza-
tion for any affected Federal facility as it pertains to the 
Central Valley Project. 
‘‘(n) PROJECT IMPLEMENTATION.—Projects to im-
plement this title shall be phased such that each project 
shall follow the sequencing identified below and include at 
least the— 
‘‘(1) project purpose and need; 
‘‘(2) identification of mitigation measures; 
‘‘(3) appropriate environmental review; and 
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‘‘(4) prior to releasing Restoration Flows under 
this part, the Secretary shall— 
‘‘(A) complete the implementation of miti-
gation measures required; and 
‘‘(B) complete implementation of the 
project.’’. 
SEC. 2105. DISPOSAL OF PROPERTY; TITLE TO FACILITIES. 
Section 10005 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
(1) in subsection (a), by striking ‘‘the Settle-
ment authorized by this part’’ and inserting ‘‘this 
part’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘(1) IN GENERAL.— 
The Secretary’’; and 
(ii) by striking ‘‘the Settlement au-
thorized by this part’’ and inserting ‘‘this 
part’’; and 
(B) by striking paragraph (2); and 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘the Set-
tlement’’ and inserting ‘‘this part’’; 
(B) in paragraph (2)— 
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(i) by striking ‘‘through the exercise 
of its eminent domain authority’’; and 
(ii) by striking ‘‘the Settlement’’ and 
inserting ‘‘this part’’; and 
(C) in paragraph (3), by striking ‘‘section 
10009(c)’’ and inserting ‘‘section 10009’’. 
SEC. 2106. COMPLIANCE WITH APPLICABLE LAW. 
Section 10006 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘unless 
otherwise provided by this part’’ before the pe-
riod at the end; and 
(B) in paragraph (2), by striking ‘‘the Set-
tlement’’ and inserting ‘‘this part’’; 
(2) in subsection (b), by inserting ‘‘, unless oth-
erwise provided by this part’’ before the period at 
the end; 
(3) in subsection (c)— 
(A) in paragraph (2), by striking ‘‘section 
10004’’ and inserting ‘‘this part’’; and 
(B) in paragraph (3), by striking ‘‘the Set-
tlement’’ and inserting ‘‘this part’’; and 
(4) in subsection (d)— 
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(A) by inserting ‘‘, including without limi-
tation to sections 10004(d) and 10004(h)(4) of 
this part,’’ after ‘‘implementing this part’’; and 
(B) by striking ‘‘for implementation of the 
Settlement’’. 
SEC. 2107. COMPLIANCE WITH CENTRAL VALLEY PROJECT 
IMPROVEMENT ACT. 
Section 10007 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘the Settlement’’ and in-
serting ‘‘enactment of this part’’; and 
(B) by inserting: ‘‘and the obligations of 
the Secretary and all other parties to protect 
and keep in good condition any fish that may 
be planted or exist below Friant Dam including 
any obligations under section 5937 of the Cali-
fornia Fish and Game Code and the public 
trust doctrine, and those of the Secretary and 
all other parties under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.).’’ before 
‘‘, provided’’; and 
(2) in paragraph (1), by striking ‘‘, as provided 
in the Settlement’’. 
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SEC. 2108. NO PRIVATE RIGHT OF ACTION. 
Section 10008(a) of the San Joaquin River Restora-
tion Settlement Act (Public Law 111–11) is amended— 
(1) by striking ‘‘not a party to the Settlement’’ 
after ‘‘person or entity’’; and 
(2) by striking ‘‘or the Settlement’’ before the 
period and inserting ‘‘unless otherwise provided by 
this part. Any Central Valley Project long-term 
water service or repayment contractor within the 
Friant Division, Hidden Unit, or Buchanan Unit ad-
versely affected by the Secretary’s failure to comply 
with section 10004(a)(3) of this part may bring an 
action against the Secretary for injunctive relief or 
damages, or both.’’. 
SEC. 2109. IMPLEMENTATION. 
Section 10009 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
(1) in the header by striking ‘‘; SETTLEMENT 
FUND’’; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘the Settlement’’ the 
first place it appears and inserting ‘‘this 
part’’; 
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(ii) by striking ‘‘, estimated to total’’ 
and all that follows through ‘‘subsection 
(b)(1),’’; and 
(iii) by striking ‘‘provided however,’’ 
and 
all 
that 
follows 
through 
‘‘$110,000,000 of State funds’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘(A) IN GENERAL.—The Secretary’’ and 
inserting ‘‘The Secretary’’; and 
(ii) by striking subparagraph (B); and 
(C) in paragraph (3)— 
(i) by striking ‘‘Except as provided in 
the Settlement, to’’ and inserting ‘‘To’’; 
and 
(ii) by striking ‘‘this Settlement’’ and 
inserting ‘‘this part’’; 
(3) in subsection (b)(1)— 
(A) by striking ‘‘In addition’’ through 
‘‘however, that the’’ and inserting ‘‘The’’; 
(B) by striking ‘‘such additional appropria-
tions only in amounts equal to’’; and 
(C) by striking ‘‘or the Settlement’’ before 
the period; 
(4) in subsection (c)— 
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(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘the Settlement’’ 
and inserting ‘‘this part’’; 
(ii) in subparagraph (C), by striking 
‘‘from the sale of water pursuant to the 
Settlement, or’’; and 
(iii) in subparagraph (D), by striking 
‘‘the Settlement’’ and inserting ‘‘this 
part’’; 
(B) in paragraph (2), by striking ‘‘the Set-
tlement and’’ before ‘‘this part’’; and 
(5) by striking subsections (d) through (f). 
SEC. 2110. REPAYMENT CONTRACTS AND ACCELERATION 
OF REPAYMENT OF CONSTRUCTION COSTS. 
Section 10010 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)(D), by striking ‘‘the 
Settlement and’’ before ‘‘this part’’; and 
(B) in paragraph (4)(C), by striking ‘‘the 
Settlement and’’ before ‘‘this part’’; 
(2) in subsection (c), by striking paragraph (3); 
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(3) in subsection (d)(1), by striking ‘‘the Settle-
ment’’ in both places it appears and inserting ‘‘this 
part’’; 
(4) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Interim Flows or Res-
toration Flows, pursuant to paragraphs 13 
or 15 of the Settlement’’ and inserting 
‘‘Restoration Flows, pursuant to this 
part’’; 
(ii) by striking ‘‘Interim Flows or’’ be-
fore ‘‘Restoration Flows’’; and 
(iii) by striking ‘‘the Interim Flows or 
Restoration Flows or is intended to other-
wise facilitate the Water Management 
Goal, as described in the Settlement’’ and 
inserting ‘‘Restoration Flows’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘except as provided in 
paragraph 16(b) of the Settlement’’ after 
‘‘Friant Division long-term contractor’’; 
and 
(ii) by striking ‘‘the Interim Flows or 
Restoration Flows or to facilitate the 
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Water Management Goal’’ and inserting 
‘‘Restoration Flows’’. 
SEC. 2111. REPEAL. 
Section 10011 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is repealed. 
SEC. 2112. WATER SUPPLY MITIGATION. 
Section 10202(b) of the San Joaquin River Restora-
tion Settlement Act (Public Law 111–11) is amended— 
(1) in paragraph (1), by striking ‘‘the Interim 
or Restoration Flows authorized in part I of this 
subtitle’’ and inserting ‘‘Restoration Flows author-
ized in this part’’; 
(2) in paragraph (2), by striking ‘‘the Interim 
or Restoration Flows authorized in part I of this 
subtitle’’ and inserting ‘‘Restoration Flows author-
ized in this part’’; and 
(3) in paragraph (3)— 
(A) in subparagraph (A), by striking 
‘‘meet the Restoration Goal as described in part 
I of this subtitle’’ and inserting ‘‘recover Res-
toration Flows as described in this part’’; and 
(B) in subparagraph (C)— 
(i) by striking ‘‘the Interim or Res-
toration Flows authorized in part I of this 
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subtitle’’ and inserting ‘‘Restoration Flows 
authorized in this part’’; and 
(ii) by striking ‘‘, and for ensuring ap-
propriate adjustment in the recovered 
water 
account 
pursuant 
to 
section 
10004(a)(5)’’. 
SEC. 2113. ADDITIONAL AUTHORITIES. 
Section 10203 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘section 10004(a)(4)’’ and 
inserting ‘‘section 10004(a)(3)’’; and 
(B) by striking ‘‘, provided’’ and all that 
follows through ‘‘section 10009(f)(2)’’; and 
(2) by striking subsection (c). 
SEC. 2114. PROTECTIONS. 
Section 4005 of Public Law 114–322, as amended 
by this Act, shall apply to this title.’’ 
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TITLE 
III—REPURPOSING 
AS-
SETS 
TO 
INCREASE 
LONG- 
TERM WATER AVAILABILITY 
AND YIELD ACT 
SEC. 3001. TREATMENT OF CERTAIN FUNDS DEDICATED 
FOR HIGH-SPEED RAIL DEVELOPMENT IN 
THE STATE OF CALIFORNIA. 
(a) TREATMENT OF FUNDS.—Notwithstanding any 
other law, the covered funds described in subsection (b) 
shall be immediately deposited as follows: 
(1) Ninety percent of funds in the Reclamation 
Water Storage Account which shall be made avail-
able to the Secretary of the Interior for water stor-
age projects authorized pursuant to section 4007 of 
the Water Infrastructure Improvements for the Na-
tion Act (Public Law 114–322) (43 U.S.C. 390b 
note). 
(2) Five percent of funds in the Rural Water 
and Waste Disposal Program Account which shall be 
made available to the Secretary of Agriculture for 
grants under section 306F of the Consolidated Farm 
and Rural Development Act. 
(3) Five percent of funds in the Rural Water 
and Waste Disposal Program Account which shall be 
made available to the Secretary of Agriculture for 
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grants under section 306G of the Consolidated Farm 
and Rural Development Act. 
(b) COVERED FUNDS.—The covered funds are the 
following: 
(1) The Federal funds received by the Depart-
ment of Transportation as a result of the Depart-
ment of Transportation’s termination and de-obliga-
tion of Cooperative Agreement No. FR–HSR–0118– 
12–01–01 between the Federal Railroad Administra-
tion and the California High-Speed Rail Authority, 
notwithstanding the Omnibus Appropriations Act, 
2010 (Public Law 111–117). 
(2) The Federal funds that are recovered by the 
Department of Transportation relating to Coopera-
tive Agreement No. FR–HSR–0009–10–01–06 be-
tween the Federal Railroad Administration and the 
California High-Speed Rail Authority, notwith-
standing the American Recovery and Reinvestment 
Act of 2009 (Public Law 111–5). 
(3) Any funds determined to be offsets by the 
Federal Railroad Administration or the Department 
of Transportation, consistent with Cooperative 
Agreement No. FRA–HSR–0009–10–01–06. 
(c) COST SHARE FOR WATER STORAGE PROJECTS.— 
Funds made available pursuant this Act shall not count 
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toward the cost-share provisions of section 4007 of the 
Water Infrastructure Improvements for the Nation Act. 
SEC. 3002. NITRATE CONTAMINATION REDUCTION GRANTS. 
(a) IN GENERAL.—Subtitle A of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1922–1936c) 
is amended by inserting after section 306E the following: 
‘‘SEC. 
306F. 
NITRATE 
CONTAMINATION 
REDUCTION 
GRANTS. 
‘‘(a) IN GENERAL.—The Secretary shall provide 
grants in accordance with this section to public or private 
nonprofit entities for projects designed to reduce the level 
of nitrates in, or remove nitrates from, drinking water in 
a rural community where the level of nitrates in drinking 
water exceeds applicable Federal or State standards. 
‘‘(b) USE OF FUNDS.—Grants made under this sec-
tion may be used— 
‘‘(1) for waterline extensions from existing sys-
tems, laying of new waterlines, repairs or mainte-
nance to an existing system, digging of new wells or 
development of other sources of water designed to 
replace sources of drinking water with high levels of 
nitrates, equipment replacement, and hook-up fees; 
and 
‘‘(2) in the case of a project designed to benefit 
a rural community outside the jurisdiction of the 
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grantee, to maintain existing water supplies of the 
grantee that will be reduced as a result of the 
project. 
‘‘(c) RURAL COMMUNITY.—In this section, the term 
‘rural community’ does not include— 
‘‘(1) any area in any city or town with a popu-
lation in excess of 10,000 inhabitants according to 
the most recent decennial census of the United 
States; or 
‘‘(2) any area with a median household income 
in excess of the State nonmetropolitan median 
household income. 
‘‘(d) FULL FUNDING.—Grants under this section 
shall be made in an amount equal to 100 percent of the 
costs of the projects conducted under this section. 
‘‘(e) APPLICATION.—Subsection (h) of section 306A 
shall apply with respect to the administration of applica-
tions for grants under this section.’’. 
(b) REPEAL.—Effective 5 years after the date of the 
enactment of this Act, section 306F of the Consolidated 
Farm and Rural Development Act, as added by the 
amendment made by subsection (a), is repealed. 
SEC. 3003. NEW WELL CONSTRUCTION GRANTS. 
(a) IN GENERAL.—Subtitle A of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1922–1936c) 
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is further amended by inserting after section 306F the 
following: 
‘‘SEC. 306G. NEW WELL CONSTRUCTION GRANTS. 
‘‘(a) IN GENERAL.—The Secretary shall provide 
grants in accordance with this section to public or private 
nonprofit entities for projects designed to supply drinking 
water to rural communities in which a significant number 
of dwellings with private drinking water wells have wells 
that are not producing water. 
‘‘(b) USE OF FUNDS.—Grants made under this sec-
tion may be used— 
‘‘(1) for waterline extensions from existing sys-
tems, laying of new waterlines, repairs or mainte-
nance to an existing system, digging of new wells or 
development of other sources of water designed to 
replace sources of drinking water with high levels of 
nitrates, equipment replacement, and hook-up fees; 
and 
‘‘(2) in the case of a project designed to benefit 
a rural community outside the jurisdiction of the 
grantee, to maintain existing water supplies of the 
grantee that will be reduced as a result of the 
project. 
‘‘(c) RURAL COMMUNITY.—In this section, the term 
‘rural community’ does not include— 
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‘‘(1) any area in any city or town with a popu-
lation in excess of 10,000 inhabitants according to 
the most recent decennial census of the United 
States; or 
‘‘(2) any area with a median household income 
in excess of the State nonmetropolitan median 
household income. 
‘‘(d) FULL FUNDING.—Grants under this section 
shall be made in an amount equal to 100 percent of the 
costs of the projects conducted under this section. 
‘‘(e) APPLICATION.—Subsection (h) of section 306A 
shall apply with respect to the administration of applica-
tions for grants under this section.’’. 
(b) REPEAL.—Effective 5 years after the date of the 
enactment of this Act, section 306G of the Consolidated 
Farm and Rural Development Act, as added by the 
amendment made by subsection (a), is repealed. 
TITLE IV—HETCH HETCHY DAM 
SEC. 4001. HETCH HETCHY RENTAL FEE UPDATE. 
Section 7 of the Act of December 13, 1913 (38 Stat. 
242), is amended— 
(1) by striking ‘‘pay the sum of $30,000’’ and 
all that follows in the first sentence and inserting 
‘‘pay an amount determined annually by the Sec-
retary in accordance with the formula used by the 
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Federal Energy Regulatory Commission for applica-
tion to licenses of hydroelectric projects under the 
Federal Power Act (16 U.S.C. 791 et seq.), provided 
that, in no event shall such amount be less than 
$597,000.00. Said amount to be paid on the first 
day of July of each year.’’; and 
(2) by amending the second and third sentences 
to read as follows: ‘‘These funds shall be placed in 
a separate fund by the United States and, notwith-
standing any other provision of law, shall not be 
available for obligation or expenditure until appro-
priated by Congress. The highest priority use of the 
funds shall be for annual operation of Yosemite Na-
tional Park, with the remainder of any funds to be 
used to fund operations of other national parks in 
the State of California.’’. 
TITLE V—BUREAU OF RECLAMA-
TION AND BUREAU OF INDIAN 
AFFAIRS 
WATER 
PROJECT 
STREAMLINING ACT 
SEC. 5001. DEFINITIONS. 
In this title: 
(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 
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 inves-
tigated under Public Law 109–451, or a Fed-
eral portion of an integrated water resource 
management plan that has been subject to a re-
view 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. 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 the en-
actment of this Act, are owned by the Federal 
Government, as listed in the Federal inventory 
required by Executive Order 13327 (40 U.S.C. 
121 note; relating to Federal real property 
asset management). 
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(6) PROJECT
SPONSOR.—The term ‘‘project 
sponsor’’ means a State, regional, Tribal, or local 
authority or instrumentality or other qualifying enti-
ty, such as a water conservation district, irrigation 
district, water conservancy district, joint powers au-
thority, mutual water company, canal company, 
rural water district or association, or any other enti-
ty 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 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 In-
dian Affairs. 
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SEC. 5002. ACCELERATION OF STUDIES. 
(a) IN GENERAL.—To the extent practicable, a 
project study initiated by the Secretary, after the date of 
the 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 con-
currently 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-
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-
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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 Committees on Energy and 
Natural Resources and Indian Affairs of the Senate 
as to the results of that determination, including an 
identification of the specific one or more factors 
used in making the determination 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 
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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 
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 the enactment of this Act, the Secretary 
shall submit to the Committee on Natural Resources of 
the House of Representatives and the Committees on En-
ergy and Natural Resources and Indian Affairs of the Sen-
ate 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; 
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(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 the enactment of this Act, the Secretary shall sub-
mit to the Committee on Natural Resources of the House 
of Representatives and the Committees on Energy and 
Natural Resources and Indian Affairs 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. 
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SEC. 5003. EXPEDITED COMPLETION OF REPORTS. 
The Secretary shall— 
(1) expedite the completion of any ongoing 
project study initiated before the date of the enact-
ment 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. 5004. PROJECT ACCELERATION. 
(a) APPLICABILITY.— 
(1) IN GENERAL.—This section shall apply to— 
(A) each project study that is initiated 
after the date of the 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 the enactment of this Act 
and for which an environmental review process 
document is prepared under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.); and 
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(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 or the Bu-
reau 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 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 
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list of all project studies that the Secretary has 
determined— 
(i) meet the standards described in 
paragraph (1); and 
(ii) do 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 con-
ducted, to the maximum extent practicable, concur-
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rently with any other applicable governmental agen-
cy 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 
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 
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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— 
(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 
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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-
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 
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(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-
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 
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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 
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-
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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 the enactment of this Act), shall govern the 
identification and the participation of a cooperating 
agency. 
(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; 
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(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 
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 
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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 INTERGRATED 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 or the Bureau of Indian Affairs. 
(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-
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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 
(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 ap-
propriate use and scope of the programmatic 
approaches; 
(B) emphasize the importance of collabora-
tion among relevant Federal, State, and local 
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governmental agencies, and Indian Tribes in 
undertaking programmatic reviews, especially 
with respect to including reviews with a broad 
geographical 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 tem-
poral and special scales to be used to ana-
lyze 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— 
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(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). 
(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.— 
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(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. 
(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; 
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(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 
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 
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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 
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— 
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(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-
mittee on Natural Resources of the House of Rep-
resentatives and the Committees on Energy and 
Natural Resources and Indian Affairs of the Sen-
ate— 
(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 
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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 the enact-
ment of this Act, the Secretary shall establish 
and maintain an electronic database and, in co-
ordination with other Federal and State agen-
cies, issue reporting requirements to make pub-
licly available the status and progress with re-
spect to compliance with applicable require-
ments of the National 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 sec-
tion is applicable. 
(B) PROJECT
STUDY
TRANSPARENCY.— 
Consistent with the requirements established 
under subparagraph (A), the Secretary shall 
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make publicly available the status and progress 
of any Federal, State, Tribal, or local decision, 
action, or approval required under applicable 
laws for each project study for which this sec-
tion is applicable. 
(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-
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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. 
(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 
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(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-
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. 
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(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.— 
(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-
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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). 
(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 
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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 
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-
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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-
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-
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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. 
(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 
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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 
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 
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(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 
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-
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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-
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. 
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(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— 
(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-
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mental agency, Indian Tribe, or project sponsor has 
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 
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close of a comment period if the information 
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 the enactment of this Act, the Sec-
retary shall— 
(A) survey the use by the Bureau of Rec-
lamation and the Bureau of Indian Affairs of 
categorical exclusions in projects since 2005; 
(B) publish a review of the survey that in-
cludes a description of— 
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(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 the enactment of 
this Act, if the Secretary has identified a category 
of activities that merit establishing a categorical ex-
clusion that did not exist on the day before the date 
of the enactment of this Act based on the review 
under paragraph (1), the Secretary shall publish a 
notice of proposed rulemaking to propose that new 
categorical exclusion, to the extent that the categor-
ical exclusion meets the criteria for a categorical ex-
clusion under section 1508.4 of title 40, Code of 
Federal Regulations (or successor regulation). 
(n) REVIEW
OF
PROJECT
ACCELERATION
RE-
FORMS.— 
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100 
(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 the enactment 
of this Act, submit to the Committee on Nat-
ural Resources of the House of Representatives 
and the Committees on Energy and Natural 
Resources and Indian Affairs of the Senate a 
report that describes the results of the assess-
ment. 
(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-
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101 
reau of Reclamation or Bureau of Indian Affairs project 
that is in operation or under construction when damaged 
by an event or incident that results in a declaration by 
the President of a major disaster or emergency pursuant 
to the Robert T. Stafford Disaster Relief and Emergency 
Assistance 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 requirements relating to environmental assessments or 
environmental 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 or Bureau of Indian Affairs 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. 5005. 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 Committees on Energy and Natural Re-
sources and Indian Affairs of the Senate an annual report, 
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102 
to be entitled ‘‘Report 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 4 of this Act. 
(b) REQUESTS FOR PROPOSALS.— 
(1) PUBLICATION.—Not later than May 1 of 
each year, the Secretary shall publish in the Federal 
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103 
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-
mittees on Energy and Natural Resources and 
Indian Affairs of the Senate. 
(c) CONTENTS.— 
(1) PROJECT
REPORTS, PROPOSED
PROJECT 
STUDIES, AND PROPOSED MODIFICATIONS.— 
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104 
(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 or 
the Bureau of Indian Affairs; 
(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 or the Bu-
reau of Indian Affairs. 
(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-
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105 
cluded in the annual report, the benefits, 
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) domestic irrigated 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 
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106 
project study included in the annual re-
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— 
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107 
(i) the project report; 
(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— 
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108 
(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 
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109 
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 the 
enactment of this Act, publish in the Federal Reg-
ister 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. 
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110 
(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. 
SEC. 5006. APPLICABILITY OF THE WIIN ACT. 
Sections 3221 through 3226, 4007 and 4009 of the 
WIIN Act (Public Law 114–322) shall not apply to any 
project (as defined in section 2 of this Act). 
TITLE VI—WATER SUPPLY PER-
MITTING COORDINATION ACT 
SEC. 6001. DEFINITIONS. 
In this title: 
(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). 
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111 
(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 
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 ad-
ministered by the Department of the Interior or the 
Department of Agriculture, exclusive of any ease-
ment, right-of-way, lease, or any private holding, un-
less 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. 
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112 
SEC. 6002. ESTABLISHMENT OF LEAD AGENCY AND CO-
OPERATING 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, 
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, 
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113 
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 
(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. 6003. BUREAU RESPONSIBILITIES. 
(a) IN GENERAL.—The principal responsibilities of 
the Bureau under this Act are— 
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114 
(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: 
(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. 
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115 
(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; 
(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-
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116 
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-
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. 
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(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 
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. 6004. 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.— 
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(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-
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. 6005. 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-
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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 
(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 DECISION MAKING.—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 
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(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 
authorized under this section are made available to the 
public, including on the internet. 
TITLE 
VII—FEDERALLY 
INTE-
GRATED 
SPECIES 
HEALTH 
ACT 
SEC. 7001. TRANSFER OF FUNCTIONS WITH RESPECT TO 
ANADROMOUS SPECIES AND CATADROMOUS 
SPECIES. 
(a) TRANSFER OF FUNCTIONS.—All functions with 
respect to anadromous species and catadromous species 
under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) that were vested in the Secretary of Com-
merce or the National Marine Fisheries Service imme-
diately before the enactment of this Act are transferred 
to the Secretary of the Interior. 
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(b) CONFORMING AMENDMENTS.—The Endangered 
Species Act of 1973 is amended— 
(1) in section 3(15) (16 U.S.C. 1532(15))— 
(A) by inserting ‘‘(A)’’ after ‘‘(15)’’; and 
(B) by adding at the end the following: 
‘‘(B) Notwithstanding subparagraph (A), 
with respect to anadromous species and 
catadromous species, the term ‘Secretary’ 
means the Secretary of the Interior.’’; and 
(2) in section 3 (16 U.S.C. 1532) by adding at 
the end the following: 
‘‘(22) The term ‘anadromous species’ means a 
species of fish that spawn in fresh or estuarine 
waters and that migrate to ocean waters. 
‘‘(23) The term ‘catadromous species’ means a 
species of fish that spawn in ocean waters and mi-
grate to fresh waters.’’. 
SEC. 7002. MISCELLANEOUS PROVISIONS. 
(a) REFERENCES.—Any reference in any other Fed-
eral law, Executive order, rule, regulation, or delegation 
of authority, or any document of or pertaining to a depart-
ment or office from which a function is transferred by this 
Act— 
(1) to the head of such department or office is 
deemed to refer to the Secretary of the Interior; or 
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(2) to such department or office is deemed to 
refer to the Department of the Interior. 
(b) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, the Secretary of the Interior may, 
for purposes of performing the functions transferred by 
this Act, exercise all authorities under the Endangered 
Species Act of 1973 that were available with respect to 
the performance of that function immediately before the 
effective date of the transfer of the function under this 
Act. 
(c) SAVINGS PROVISIONS.— 
(1) LEGAL
DOCUMENTS.—All orders, deter-
minations, rules, regulations, permits, grants, loans, 
contracts, agreements, certificates, licenses, and 
privileges— 
(A) that have been issued, made, granted, 
or allowed to become effective by the Secretary 
of Commerce, any officer or employee of the 
Department of Commerce, or any other Govern-
ment official in the performance of any function 
that is transferred by this Act, or by a court of 
competent jurisdiction with respect to such per-
formance; and 
(B) that are in effect on the effective date 
of this Act (or become effective after such date 
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pursuant to their terms as in effect on such ef-
fective date), 
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the President, any 
other authorized official, a court of competent juris-
diction, or operation of law. 
(2) PROCEEDINGS.— 
(A) IN GENERAL.—This Act shall not af-
fect any proceedings or any application for any 
benefits, service, license, permit, certificate, or 
financial assistance pending on the date of the 
enactment of this Act before an office trans-
ferred by this Act. Such proceedings and appli-
cations shall be continued. Orders shall be 
issued in such proceedings, appeals shall be 
taken therefrom, and payments shall be made 
pursuant to such orders, as if this Act had not 
been enacted, and orders issued in any such 
proceeding shall continue in effect until modi-
fied, terminated, superseded, or revoked by a 
duly authorized official, by a court of competent 
jurisdiction, or by operation of law. 
(B) LIMITATION.—Nothing in this para-
graph shall be considered to prohibit the dis-
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continuance or modification of any such pro-
ceeding under the same terms and conditions 
and to the same extent that such proceeding 
could have been discontinued or modified if this 
Act had not been enacted. 
(3) SUITS.—This Act shall not affect suits com-
menced before the date of the enactment of this Act, 
and in all such suits, proceeding shall be had, ap-
peals taken, and judgments rendered in the same 
manner and with the same effect as if this Act had 
not been enacted. 
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, or other proceeding commenced by or against 
the Department of Commerce or the Secretary of 
Commerce, or by or against any individual in the of-
ficial capacity of such individual as an officer or em-
ployee of the Department of Commerce, shall abate 
by reason of the enactment of this Act. 
(5) CONTINUANCE OF SUITS.—If any Govern-
ment officer in the official capacity of such officer 
is party to a suit with respect to a function of the 
officer, and under this Act such function is trans-
ferred to any other officer or office, then such suit 
shall be continued with the other officer or the head 
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of such other office, as applicable, substituted or 
added as a party. 
(6) ADMINISTRATIVE
PROCEDURE
AND
JUDI-
CIAL REVIEW.—Except as otherwise provided by this 
Act, any statutory requirements relating to notice, 
hearings, action upon the record, or administrative 
or judicial review that apply to any function trans-
ferred by this Act shall apply to the exercise of such 
function by the head of the Federal agency, and 
other officers of the agency, to which such function 
is transferred by this Act. 
SEC. 7003. DEFINITIONS. 
In this title: 
(1) ANADROMOUS SPECIES AND CATADROMOUS 
SPECIES.—Each of the terms ‘‘anadromous species’’ 
and ‘‘catadromous species’’ has the meaning that 
term has under section 3 of the Endangered Species 
Act of 1973, as amended by section 3 of this title. 
(2) FUNCTION.—The term ‘‘function’’ includes 
any duty, obligation, power, authority, responsibility, 
right, privilege, activity, or program. 
(3) OFFICE.—The term ‘‘office’’ includes any 
office, administration, agency, bureau, institute, 
council, unit, organizational entity, or component 
thereof. 
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TITLE 
VIII—AQUIFER 
RE-
CHARGE FLEXIBILITY PILOT 
PROGRAM 
SEC. 8001. DEFINITIONS. 
In this title: 
(1) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of Reclamation. 
(3) ELIGIBLE LAND.—The term ‘‘eligible land’’, 
with respect to a Reclamation project, means land 
that— 
(A) is authorized to receive water under 
State law; and 
(B) shares an aquifer with land located in 
the service area of the Reclamation project. 
(4) NET WATER STORAGE BENEFIT.—The term 
‘‘net water storage benefit’’ means an increase in the 
volume of water that is— 
(A) stored in one or more aquifers; and 
(B)(i) available for use within the author-
ized service area of a Reclamation project; or 
(ii) stored on a long-term basis to avoid or 
reduce groundwater overdraft. 
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(5) RECLAMATION FACILITY.—The term ‘‘Rec-
lamation facility’’ means each of the infrastructure 
assets that are owned by the Bureau at a Reclama-
tion project. 
(6) RECLAMATION PROJECT.—The term ‘‘Rec-
lamation project’’ means any reclamation or irriga-
tion project, including incidental features thereof, 
authorized by Federal reclamation law or the Act of 
August 11, 1939 (commonly known as the ‘‘Water 
Conservation and Utilization Act’’) (53 Stat. 1418, 
chapter 717; 16 U.S.C. 590y et seq.), or constructed 
by the United States pursuant to such law, or in 
connection with which there is a repayment or water 
service contract executed by the United States pur-
suant to such law, or any project constructed by the 
Secretary through the Bureau for the reclamation of 
land. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 8002. USE OF BUREAU FACILITIES. 
(1) IN
GENERAL.—The Commissioner may 
allow the use of excess capacity in Reclamation fa-
cilities for aquifer recharge of non-Reclamation 
project water, subject to applicable rates, charges, 
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and public participation requirements, on the condi-
tion that— 
(A) the use— 
(i) shall not be implemented in a man-
ner that is detrimental to— 
(I) any power service or water 
contract for the Reclamation project; 
or 
(II) any obligations for fish, wild-
life, or water quality protection appli-
cable to the Reclamation project; 
(ii) shall be consistent with water 
quality guidelines for the Reclamation 
project; 
(iii) shall comply with all applicable— 
(I) Federal laws; and 
(II) policies of the Bureau; and 
(B) the non-Federal party to an existing 
contract for water or water capacity in a Rec-
lamation facility consents to the use of the Rec-
lamation facility under this subsection. 
(2) EFFECT ON EXISTING CONTRACTS.—Noth-
ing in this subsection affects a contract— 
(A) in effect on the date of the enactment 
of this title; and 
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(B) under which the use of excess capacity 
in a Bureau conveyance facility for carriage of 
non-Reclamation project water for aquifer re-
charge is allowed. 
SEC. 8003. AQUIFER RECHARGE ON ELIGIBLE LAND. 
(1) IN GENERAL.—Subject to paragraphs (3) 
and (4), the Secretary may contract with a holder of 
a water service or repayment contract for a Rec-
lamation project to allow the contractor, in accord-
ance with applicable State laws and policies— 
(A) to directly use water available under 
the contract for aquifer recharge on eligible 
land; or 
(B) to enter into an agreement with an in-
dividual or entity to transfer water available 
under the contract for aquifer recharge on eligi-
ble land. 
(2) AUTHORIZED PROJECT USE.—The use of a 
Reclamation facility for aquifer recharge under para-
graph (1) shall be considered an authorized use for 
the Reclamation project if requested by a holder of 
a water service or repayment contract for the Rec-
lamation facility. 
(3) MODIFICATIONS TO CONTRACTS.—The Sec-
retary may contract with a holder of a water service 
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or repayment contract for a Reclamation project 
under paragraph (1) if the Secretary determines 
that a new contract or contract amendment de-
scribed in that paragraph is— 
(A) necessary to allow for the use of water 
available under the contract for aquifer re-
charge under this subsection; 
(B) in the best interest of the Reclamation 
project and the United States; and 
(C) approved by the contractor that is re-
sponsible for repaying the cost of construction, 
operations, and maintenance of the facility that 
delivers the water under the contract. 
(4) REQUIREMENTS.—The use of Reclamation 
facilities for the use or transfer of water for aquifer 
recharge under this subsection shall be subject to 
the requirements that— 
(A) the use or transfer shall not be imple-
mented in a manner that materially impacts 
any power service or water contract for the 
Reclamation project; and 
(B) before the use or transfer, the Sec-
retary shall determine that the use or trans-
fer— 
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(i) results in a net water storage ben-
efit for the Reclamation project; or 
(ii) contributes to the recharge of an 
aquifer on eligible land; and 
(C) the use or transfer complies with all 
applicable— 
(i) Federal laws and policies; and 
(ii) interstate water compacts. 
SEC. 8004. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the Secretary should encourage the use of 
public land administered by the Bureau of Land 
Management for aquifer recharge, where appro-
priate, consistent with— 
(A) the existing grant of right-of-way; 
(B) as applicable, the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 
et seq.); and 
(C) applicable land and resource manage-
ment plans; and 
(2) the Secretary should consider whether aqui-
fer recharge may be appropriate in certain areas of 
critical environmental concern, if aquifer recharge— 
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(A) would enhance the values for which the 
area of critical environmental concern has been 
designated; and 
(B) is consistent with the management re-
quirements for the area of critical environ-
mental concern. 
SEC. 8005. CONVEYANCE FOR AQUIFER RECHARGE PUR-
POSES. 
The holder of a right-of-way, easement, permit, or 
other authorization to transport water across public land 
administered by the Bureau of Land Management may 
transport water for aquifer recharge purposes, including 
outside of the regular period of use, without requiring ad-
ditional authorization from the Secretary where the use 
does not expand or modify the operation of the right-of- 
way, easement, permit, or other authorization across pub-
lic land. 
SEC. 8006. REPORT. 
No later than 18 months after the enactment of this 
law, the Secretary of the Interior shall submit to the Com-
mittee on Natural Resources of the House of Representa-
tives and the Committees on Energy and Natural Re-
sources of the Senate a report that describes the status 
of the pilot; and describes obstacles, if any, to imple-
menting the pilot. 
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SEC. 8007. EFFECT. 
Nothing in this Act— 
(1) creates, impairs, alters, or supersedes a 
Federal or State water right; or 
(2) alters or supersedes State sovereignty and 
authority regarding State water rights and the use 
of water. 
SEC. 8008. EXEMPTION. 
This title shall not apply to the State of California. 
TITLE IX—BIG SAND WASH 
PROJECT TITLE TRANSFER ACT 
SEC. 9001. DEFINITIONS. 
In this title: 
(1) ACQUIRED
LANDS.—The term ‘‘Acquired 
Lands’’ means those lands that were acquired by the 
Central Utah Water Conservancy District with Fed-
eral and District funds for the purpose of water 
storage and conveyance in the Big Sand Wash Fa-
cilities. 
(2) ASSOCIATION.—The term ‘‘Association’’ 
means the Moon Lake Water Users Association, an 
association of 8 irrigation companies in Utah. 
(3) BIG
SAND
WASH
FACILITIES.—The term 
‘‘Big Sand Wash Facilities’’— 
(A) means the following features that are 
part of the Uinta Basin Replacement Project 
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authorized by the Central Utah Project Comple-
tion Act (Public Law 102–575)— 
(i) the Big Sand Wash Dam, includ-
ing the enlarged reservoir and outlet 
works; 
(ii) the Feeder Pipeline; 
(iii) the Feeder Diversion; 
(iv) the Roosevelt Pipeline; and 
(v) the Big Sand Wash Facilities; and 
(B) does not include— 
(i) the Moon Lake Dam and Res-
ervoir; and 
(ii) the modified outlet works. 
(4) DISTRICT.—The term ‘‘District’’ means the 
Central Utah Water Conservancy District, a political 
subdivision of the State of Utah with certain respon-
sibilities for the implementation of the Central Utah 
Project Completion Act. 
(5) DUCHESNE COUNTY.—The term ‘‘Duchesne 
County’’ means the Duchesne County Water Conser-
vancy District in Duchesne County, Utah. 
(6) FEDERAL
LANDS.—The term ‘‘Federal 
Lands’’ means parcels of federally owned lands and 
easements acquired for the expansion of the Big 
Sand Wash Facilities, and includes those original, 
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Association lands deeded to the United States in No-
vember 2001 as a permanent easement for the con-
veyance and storage of water and the right of in-
gress and egress. 
(7) FEEDER
DIVERSION.—The term ‘‘Feeder 
Diversion’’ means the diversion structure and appur-
tenances constructed in the Lake Fork River to di-
vert water into the Big Sand Wash Project, and in-
cludes the property acquired by easement for the di-
version structure and rights of egress and ingress to 
the property. 
(8) FEEDER
PIPELINE.—The term ‘‘Feeder 
Pipeline’’ means the pipeline and appurtenances con-
structed from the Feeder Diversion to the Big Sand 
Wash Reservoir, and includes the property acquired 
by easement for the pipeline. 
(9) ROOSEVELT
PIPELINE.—The term ‘‘Roo-
sevelt Pipeline’’ means the pipeline and appur-
tenances constructed to deliver project and non- 
project water from the Big Sand Wash Facilities for 
the Association and Duchesne County, and includes 
the property acquired by easement for the pipeline. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior or a designee of 
the Secretary. 
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(11) UINTA BASIN REPLACEMENT PROJECT.— 
The term ‘‘Uinta Basin Replacement Project’’ ap-
plies to the project that was authorized by the Cen-
tral Utah Project Completion Act to enlarge the Big 
Sand Wash Dam and Reservoir, construct the Feed-
er Diversion, construct the Feeder Pipeline, con-
struct the Roosevelt Pipeline, modify the Moon Lake 
outlet works, develop mitigation lands, and develop 
other facilities as required to complete project pur-
poses. 
SEC. 9002. CONVEYANCE OF FACILITIES AND LAND. 
(a) IN GENERAL.—Subject to subsection (b) and in 
consideration of the District assuming from the United 
States all liability for administration, operation, and main-
tenance of the Big Sand Wash Facilities, the Secretary 
shall convey to the District all right, title, and interest 
of the United States in and to the Acquired Lands, the 
Federal Lands, and the Big Sand Wash Facilities in exist-
ence on the date of the enactment of this Title. 
(b) CONDITIONS.—The conveyance under subsection 
(a) shall not be completed until all of the following occur: 
(1) The District pays to the Secretary the net 
present value of the remaining repayment obliga-
tions identified in the Water Service Contract, Sup-
plement No. 2, Contract No. 14–06–400–4286 and 
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Block Notice Number UBRP1, as determined by Of-
fice of Management and Budget Circular A–129 (in 
effect on the date of the enactment of this title). 
Such prepayment shall not affect the contract to de-
liver water between the District and Duchesne Coun-
ty and shall remedy all outstanding issues relating 
to the District’s expenditure of Federal funds for 
land acquisition. 
(2) The Association, the District, and Duchesne 
County enter into an agreement, only as mutually 
deemed necessary by the Parties, reflecting as much 
as possible the existing operating agreement, Agree-
ment No. 01–07–40–R7020 dated November 15, 
2001, that provides for the future operation of and 
delivery of water from the Big Sand Wash Facilities. 
(3) The Association and the District enter into 
an agreement to convey Acquired Lands, Federal 
Lands, the Feeder Diversion, and the Feeder Pipe-
line to the Association. 
(4) The Association and the District enter into 
an agreement that ensures the minimum stream flow 
requirements contained in the Final Environmental 
Assessment, section 203(a), Uinta Basin Replace-
ment Project, dated October 2001. 
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138 
(5) The District and the United States enter 
into an agreement that ensures the minimum stream 
flow requirements contained in the Final Environ-
mental Assessment, section 203(a), Uinta Basin Re-
placement Project, dated October 2001. 
(6) The District enters into an agreement to 
convey Acquired Lands and Federal Lands to the 
Utah Department of Transportation. 
(7) The District enters into an agreement to 
convey the Roosevelt Pipeline to Duchesne County. 
(c) PREPAYMENT AUTHORITY.—The District is here-
by granted authority to prepay, at net present value as 
determined by Office of Management and Budget Circular 
A–129 (as in effect on the date of the enactment of this 
title), all irrigation block notices associated with the Bon-
neville Unit of the Central Utah Project. 
(d) PAYMENT OF COSTS.—The District shall pay any 
necessary and reasonable administrative and real estate 
transfer costs incurred by the Secretary in carrying out 
the conveyance authorized by subsection (a). 
(e) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 
(1) IN GENERAL.—Before conveying land and 
facilities under subsection (a), the Secretary shall 
comply with all applicable requirements under— 
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(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); and 
(C) any other law applicable to the land 
and facilities. 
(2) EFFECT.—Nothing in this title modifies or 
alters any obligations under— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); or 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
SEC. 9003. RELATIONSHIP TO UINTA BASIN REPLACEMENT 
PROJECT. 
After the conveyance authorized under section 3(a), 
the United States shall not be liable for damages arising 
out of any act, omission, or occurrence relating to the Big 
Sand Wash Facilities, Acquired Lands, and Federal 
Lands, except for damages caused by acts of negligence 
committed by the United States or by any employee or 
agent of the United States before the date of the convey-
ance, consistent with chapter 171 of title 28, United 
States Code. 
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140 
SEC. 9004. REPORT. 
If the conveyance authorized by section 3(a) is not 
completed by the date that is 12 months after the date 
of the enactment of this Title, the Secretary shall submit 
to Congress a report that— 
(1) describes the status of the conveyance; 
(2) describes any obstacles to completing the 
conveyance; and 
(3) specifies an anticipated date for completion 
of the conveyance. 
TITLE X—KENNEWICK IRRIGA-
TION DISTRICT TITLE TRANS-
FER ACT 
SEC. 10001. DEFINITIONS. 
In this title: 
(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means the agreement required under section 2(a). 
(2) DISTRICT.—The term ‘‘District’’ means the 
Kennewick Irrigation District, located in Benton 
County, Washington, which operates and maintains 
a portion of the Kennewick Division of the Yakima 
Project constructed by the United States to enable 
the Kennewick Irrigation District to carry out au-
thorized purposes pursuant to the Act of June 12, 
1948 (62 Stat. 382). 
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(3) DISTRICT’S HEAD GATE.—The term ‘‘Dis-
trict’s head gate’’ means the point of diversion for 
the Kennewick Irrigation District, identified as the 
KID Main Canal Headworks at the following loca-
tion: KID Main Canal Headworks, 200 feet east and 
1100 feet north, more or less, from the southwest 
corner of section 16, being within the northwest 1⁄4 
of the southwest 1⁄4 of the southwest 1⁄4 of section 
16, T. 9 N., 26 E.W.M. 
(4) DIVISION.—The term ‘‘Division’’ means the 
Kennewick Division, including the Transferred 
Works. 
(5) TRANSFERRED WORKS.—The term ‘‘Trans-
ferred Works’’ means the canals, laterals, and ap-
purtenant works and lands, which begin at the Dis-
trict’s head gate and extends approximately 40 miles 
east to the Columbia River built to serve the place 
of use of the 20,201 acres of currently irrigated irri-
gable lands entitled to delivery of water within the 
Kennewick Irrigation District. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 10002. AGREEMENT, CONVEYANCE, REPORT. 
(a) AGREEMENT.—Not later than 2 years after the 
date of the enactment of this Act, the Secretary, acting 
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(B) in subsection (b), by striking ‘‘the 
State of Maryland and the State of Louisiana’’ 
and inserting ‘‘any state that has demonstrated 
the need’’; and 
(2) in section 3— 
(A) by amending subsection (a) to read as 
follows: 
‘‘(a) GRANT AUTHORITY.—The Secretary of the Inte-
rior (referred to in this Act as the ‘Secretary’), subject 
to the availability of appropriations, may provide financial 
assistance to any state that has demonstrated to the Sec-
retary sufficient need for a program to implement meas-
ures to eradicate or control nutria and restore marshland, 
public and private wetlands, and agricultural lands dam-
aged by nutria.’’; 
(B) by amending subsection (b) to read as 
follows: 
‘‘(b) GOALS.—The goals of the program shall be to— 
‘‘(1) eradicate or control nutria in affected 
States; 
‘‘(2) restore marshland, public and private wet-
lands, and agricultural lands damaged by nutria.’’; 
and 
(C) 
in 
subsection 
(f), 
by 
striking 
‘‘$4,000,000’’ and all that follows and inserting 
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