and expedite completion of assessments under section 
9503(b) of the SECURE Water Act (42 U.S.C. 10363(b)), 
with non-Federal partners, of individual sub-basins and 
watersheds within major Reclamation river basins; and 
shall ensure timely decision and expedited implementation 
of adaptation and mitigation strategies developed through 
the special study process. 
(b) FUNDING.— 
(1) IN
GENERAL.—The non-Federal partners 
shall be responsible for 100 percent of the cost of the 
special studies. 
(2) CONTRIBUTED FUNDS.—The Secretary may 
accept and use contributions of funds from the non- 
Federal partners to carry out activities under the spe-
cial studies. 
SEC. 608. OPERATIONS OF THE TRINITY RIVER DIVISION. 
The Secretary of the Interior, in the operation of the 
Trinity River Division of the Central Valley Project, shall 
not make releases from Lewiston Dam in excess of the vol-
ume for each water-year type required by the U.S. Depart-
ment of the Interior Record of Decision, Trinity River 
Mainstem Fishery Restoration Final Environmental Im-
pact Statement/Environmental Impact Report dated De-
cember 2000. 
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(1) A maximum of 369,000 acre-feet in a ‘‘Criti-
cally Dry’’ year. 
(2) A maximum of 453,000 acre-feet in a ‘‘Dry’’ 
year. 
(3) A maximum of 647,000 acre-feet in a ‘‘Nor-
mal’’ year. 
(4) A maximum of 701,000 acre-feet in a ‘‘Wet’’ 
year. 
(5) A maximum of 815,000 acre-feet in an ‘‘Ex-
tremely Wet’’ year. 
SEC. 609. 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 wildlife 
purposes by this title is replaced and provided to Central 
Valley Project water contractors by December 31, 2018, at 
the lowest cost reasonably achievable; and 
‘‘(h) to facilitate and expedite water transfers in ac-
cordance with this Act.’’. 
SEC. 610. AMENDMENT TO DEFINITION. 
Section 3403 of the Central Valley Project Improve-
ment Act (106 Stat. 4707) is amended— 
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(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 and 
San Joaquin Rivers and their tributaries and ascend those 
rivers and their tributaries to reproduce after maturing in 
San Francisco Bay or the Pacific Ocean;’’; 
(2) in subsection (l), by striking ‘‘and,’’; 
(3) in subsection (m), by striking the period and 
inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(n) the term ‘reasonable flow’ means water flows ca-
pable of being maintained taking into account competing 
consumptive uses of water and economic, environmental, 
and social factors.’’. 
TITLE VII—WATER SUPPLY 
PERMITTING ACT 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Water Supply Permit-
ting Coordination Act’’. 
SEC. 702. DEFINITIONS. 
In this title: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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(2) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(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 sup-
plemental to and amendatory of that Act (43 U.S.C. 
371 et seq.) constructed on lands administered by the 
Department of the Interior or the Department of Ag-
riculture, exclusive of any easement, right-of-way, 
lease, or any private holding. 
(4) COOPERATING AGENCIES.—The term ‘‘cooper-
ating agency’’ means a Federal agency with jurisdic-
tion over a review, analysis, opinion, statement, per-
mit, license, or other approval or decision required for 
a qualifying project under applicable Federal laws 
and regulations, or a State agency subject to section 
703(c). 
SEC. 703. ESTABLISHMENT OF LEAD AGENCY AND COOPER-
ATING AGENCIES. 
(a) ESTABLISHMENT OF LEAD AGENCY.—The Bureau 
of Reclamation is established as the lead agency for pur-
poses of coordinating all reviews, analyses, opinions, state-
ments, permits, licenses, or other approvals or decisions re-
quired under Federal law to construct qualifying projects. 
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(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 relevant 
to the qualifying project or any review, analysis, 
opinion, statement, permit, license, or other ap-
proval 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 respect 
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to such project in a manner other than in co-
operation 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 title 
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. 704. BUREAU RESPONSIBILITIES. 
(a) IN GENERAL.—The principal responsibilities of the 
Bureau under this title are to— 
(1) serve as the point of contact for applicants, 
State agencies, Indian tribes, and others regarding 
proposed qualifying projects; 
(2) coordinate preparation of unified environ-
mental documentation that will serve as the basis for 
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all Federal decisions necessary to authorize the use of 
Federal lands for qualifying projects; and 
(3) coordinate all Federal agency reviews nec-
essary for project development and construction of 
qualifying projects. 
(b) COORDINATION PROCESS.—The Bureau shall have 
the following coordination responsibilities: 
(1) PRE-APPLICATION
COORDINATION.—Notify 
cooperating agencies of proposed qualifying projects 
not later than 30 days after receipt of a proposal and 
facilitate a preapplication meeting for prospective ap-
plicants, relevant Federal and State agencies, and In-
dian tribes to— 
(A) explain applicable processes, data re-
quirements, and applicant submissions necessary 
to complete the required Federal agency reviews 
within the timeframe established; and 
(B) establish the schedule for the qualifying 
project. 
(2) CONSULTATION
WITH
COOPERATING
AGEN-
CIES.—Consult with the cooperating agencies through-
out the Federal agency review process, identify and 
obtain relevant data in a timely manner, and set nec-
essary deadlines for cooperating agencies. 
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(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 agen-
cies 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 quali-
fying project. 
(4) ENVIRONMENTAL
COMPLIANCE.—Prepare a 
unified environmental review document for each 
qualifying project application, incorporating a single 
environmental record on which all cooperating agen-
cies with authority to issue approvals for a given 
qualifying project shall base project approval deci-
sions. Help ensure that cooperating agencies make 
necessary decisions, within their respective authori-
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ties, regarding Federal approvals in accordance with 
the following timelines: 
(A) Not later than one year after acceptance 
of a completed project application when an envi-
ronmental assessment and finding of no signifi-
cant impact is determined to be the appropriate 
level of review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
(B) Not later than one 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 environmental 
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 decisions. 
(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 
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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 man-
ager shall have authority to oversee the project and to 
facilitate the issuance of the relevant final authorizing 
documents, and shall be responsible for ensuring ful-
fillment of all Bureau responsibilities set forth in this 
section and all cooperating agency responsibilities 
under section 705. 
SEC. 705. COOPERATING AGENCY RESPONSIBILITIES. 
(a) ADHERENCE TO BUREAU SCHEDULE.—Upon noti-
fication of an application for a qualifying project, all co-
operating agencies shall submit to the Bureau a timeframe 
under which the cooperating agency reasonably considers 
it will be able to complete its authorizing responsibilities. 
The Bureau shall use the timeframe submitted under this 
subsection to establish the project schedule under section 
704, and the cooperating agencies shall adhere to the project 
schedule established by the Bureau. 
(b) ENVIRONMENTAL RECORD.—Cooperating agencies 
shall submit to the Bureau all environmental review mate-
rial produced or compiled in the course of carrying out ac-
tivities required under Federal law consistent with the 
project schedule established by the Bureau. 
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100 
(c) DATA SUBMISSION.—To the extent practicable and 
consistent with Federal law, the cooperating agencies shall 
submit all relevant project data to the Bureau in a gen-
erally accessible electronic format subject to the project 
schedule set forth by the Bureau. 
SEC. 706. FUNDING TO PROCESS PERMITS. 
(a) IN GENERAL.—The Secretary, after public notice 
in accordance with the Administrative Procedures Act (5 
U.S.C. 553), may accept and expend funds contributed by 
a non-Federal public entity to expedite the evaluation of 
a permit of that entity related to a qualifying project. 
(b) EFFECT ON PERMITTING.— 
(1) IN GENERAL.—In carrying out this section, 
the Secretary shall ensure that the use of funds ac-
cepted under subsection (a) will not impact impartial 
decisionmaking with respect to permits, either sub-
stantively or procedurally. 
(2) 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, or the Regional Director’s designee, 
of the region in which the qualifying project or 
activity is located; and 
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101 
(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. 
(3) IMPARTIAL
DECISIONMAKING.—In carrying 
out this section, the Secretary and the cooperating 
agencies receiving funds under this section for quali-
fying projects shall ensure that the use of the funds 
accepted under this section for such projects shall 
not— 
(A) impact impartial decisionmaking with 
respect to the issuance of permits, either sub-
stantively or procedurally; or 
(B) diminish, modify, or otherwise affect 
the statutory or regulatory authorities of such 
agencies. 
(c) LIMITATION ON USE OF FUNDS.—None of the funds 
accepted under this section shall be used to carry out a re-
view of the evaluation of permits required under subsection 
(b)(2)(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 pub-
lic, including on the Internet. 
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102 
TITLE 
VIII—BUREAU 
OF 
REC-
LAMATION PROJECT STREAM-
LINING 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Bureau of Reclamation 
Project Streamlining Act’’. 
SEC. 802. DEFINITIONS. 
In this title: 
(1) ENVIRONMENTAL IMPACT STATEMENT.—The 
term ‘‘environmental impact statement’’ means the 
detailed statement of environmental impacts of a 
project required to be prepared pursuant to the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(2) ENVIRONMENTAL REVIEW PROCESS.— 
(A) IN
GENERAL.—The term ‘‘environ-
mental review process’’ means the process of pre-
paring an environmental impact statement, en-
vironmental assessment, categorical exclusion, or 
other document under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for a project study. 
(B) INCLUSIONS.—The term ‘‘environmental 
review process’’ includes the process for and com-
pletion of any environmental permit, approval, 
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103 
review, or study required for a project study 
under any Federal law other than the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(3) FEDERAL
JURISDICTIONAL
AGENCY.—The 
term ‘‘Federal jurisdictional agency’’ means a Federal 
agency with jurisdiction delegated by law, regulation, 
order, or otherwise over a review, analysis, opinion, 
statement, permit, license, or other approval or deci-
sion required for a project study under applicable 
Federal laws (including regulations). 
(4) FEDERAL LEAD AGENCY.—The term ‘‘Federal 
lead agency’’ means the Bureau of Reclamation. 
(5) PROJECT.—The term ‘‘project’’ means a sur-
face water project, a project under the purview of title 
XVI of Public Law 102–575, or a rural water supply 
project investigated under Public Law 109–451 to be 
carried out, funded or operated in whole or in party 
by the Secretary pursuant to the Act of June 17, 1902 
(32 Stat. 388, chapter 1093), and Acts supplemental 
to and amendatory of that Act (43 U.S.C. 371 et 
seq.). 
(6) PROJECT SPONSOR.—The term ‘‘project spon-
sor’’ means a State, regional, or local authority or in-
strumentality or other qualifying entity, such as a 
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104 
water conservation district, irrigation district, water 
conservancy district, joint powers authority, mutual 
water company, canal company, rural water district 
or association, or any other entity that has the capac-
ity to contract with the United States under Federal 
reclamation law. 
(7) PROJECT STUDY.—The term ‘‘project study’’ 
means a feasibility study for a project carried out 
pursuant to the Act of June 17, 1902 (32 Stat. 388, 
chapter 1093), and Acts supplemental to and amend-
atory of that Act (43 U.S.C. 371 et seq.). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) SURFACE WATER STORAGE.—The term ‘‘sur-
face water storage’’ means any surface water reservoir 
or impoundment that would be owned, funded or op-
erated in whole or in part by the Bureau of Reclama-
tion or that would be integrated into a larger system 
owned, operated or administered in whole or in part 
by the Bureau of Reclamation. 
SEC. 803. ACCELERATION OF STUDIES. 
(a) IN GENERAL.—To the extent practicable, a project 
study initiated by the Secretary, after the date of enactment 
of this Act, under the Reclamation Act of 1902 (32 Stat. 
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105 
388), and all Acts amendatory thereof or supplementary 
thereto, shall— 
(1) result in the completion of a final feasibility 
report not later than 3 years after the date of initi-
ation; 
(2) have a maximum Federal cost of $3,000,000; 
and 
(3) ensure that personnel from the local project 
area, region, and headquarters levels of the Bureau of 
Reclamation concurrently conduct the review required 
under this 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 determina-
tion, shall— 
(1) prepare an updated project study schedule 
and cost estimate; 
(2) notify the non-Federal project cost-sharing 
partner that the project study has been delayed; and 
(3) provide written notice to the Committee on 
Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Resources 
of the Senate as to the reasons the requirements of 
subsection (a) are not attainable. 
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106 
(c) EXCEPTION.— 
(1) IN GENERAL.—Notwithstanding the require-
ments of subsection (a), the Secretary may extend the 
timeline of a project study by a period not to exceed 
3 years, if the Secretary determines that the project 
study is too complex to comply with the requirements 
of subsection (a). 
(2) FACTORS.—In making a determination that 
a study is too complex to comply with the require-
ments of subsection (a), the Secretary shall consider— 
(A) the type, size, location, scope, and over-
all cost of the project; 
(B) whether the project will use any innova-
tive design or construction techniques; 
(C) whether the project will require signifi-
cant action by other Federal, State, or local 
agencies; 
(D) whether there is significant public dis-
pute as to the nature or effects of the project; and 
(E) whether there is significant public dis-
pute as to the economic or environmental costs or 
benefits of the project. 
(3) NOTIFICATION.—Each time the Secretary 
makes a determination under this subsection, the Sec-
retary shall provide written notice to the Committee 
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107 
on Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Resources 
of the Senate as to the results of that determination, 
including an identification of the specific one or more 
factors used in making the determination that the 
project is complex. 
(4) LIMITATION.—The Secretary shall not extend 
the timeline for a project study for a period of more 
than 7 years, and any project study that is not com-
pleted before that date shall no longer be authorized. 
(d) REVIEWS.—Not later than 90 days after the date 
of the initiation of a project study described in subsection 
(a), the Secretary shall— 
(1) take all steps necessary to initiate the process 
for completing federally mandated reviews that the 
Secretary is required to complete as part of the study, 
including the environmental review process under sec-
tion 805; 
(2) convene a meeting of all Federal, tribal, and 
State agencies identified under section 805(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 
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108 
(C) be required to make a determination on 
issuing a permit, license, or other approval or 
decision for the project study; and 
(3) take all steps necessary to provide informa-
tion that will enable required reviews and analyses 
related to the project to be conducted by other agencies 
in a thorough and timely manner. 
(e) INTERIM REPORT.—Not later than 18 months after 
the date of enactment of this Act, the Secretary shall submit 
to the Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Natural Re-
sources of the Senate and make publicly available a report 
that describes— 
(1) the status of the implementation of the plan-
ning process under this section, including the number 
of participating projects; 
(2) a review of project delivery schedules, includ-
ing a description of any delays on those studies initi-
ated prior to the date of the enactment of this Act; 
and 
(3) any recommendations for additional author-
ity necessary to support efforts to expedite the project. 
(f) FINAL REPORT.—Not later than 4 years after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Natural Resources of the House of Rep-
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109 
resentatives and the Committee on Energy and Natural Re-
sources 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. 
SEC. 804. EXPEDITED COMPLETION OF REPORTS. 
The Secretary shall— 
(1) expedite the completion of any ongoing 
project study initiated before the date of enactment of 
this Act; and 
(2) if the Secretary determines that the project is 
justified in a completed report, proceed directly to 
preconstruction planning, engineering, and design of 
the project in accordance with the Reclamation Act of 
1902 (32 Stat. 388), and all Acts amendatory thereof 
or supplementary thereto. 
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110 
SEC. 805. PROJECT ACCELERATION. 
(a) APPLICABILITY.— 
(1) IN GENERAL.—This section shall apply to— 
(A) each project study that is initiated after 
the date of enactment of this Act and for which 
an environmental impact statement is prepared 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(B) the extent determined appropriate by 
the Secretary, to other project studies initiated 
before the date of enactment of this Act and for 
which an environmental review process document 
is prepared under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and 
(C) any project study for the development of 
a non-federally owned and operated surface 
water storage project for which the Secretary de-
termines there is a demonstrable Federal interest 
and the project— 
(i) is located in a river basin where 
other Bureau of Reclamation water projects 
are located; 
(ii) will create additional water sup-
plies that support Bureau of Reclamation 
water projects; or 
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111 
(iii) will become integrated into the 
operation of Bureau of Reclamation water 
projects. 
(2) FLEXIBILITY.—Any authority granted under 
this section may be exercised, and any requirement 
established under this section may be satisfied, for the 
conduct of an environmental review process for a 
project study, a class of project studies, or a program 
of project studies. 
(3) LIST OF PROJECT STUDIES.— 
(A) IN GENERAL.—The Secretary shall an-
nually prepare, and make publicly available, a 
list of all project studies that the Secretary has 
determined— 
(i) meets the standards described in 
paragraph (1); and 
(ii) does not have adequate funding to 
make substantial progress toward the com-
pletion of the project study. 
(B) INCLUSIONS.—The Secretary shall in-
clude for each project study on the list under 
subparagraph (A) a description of the estimated 
amounts necessary to make substantial progress 
on the project study. 
(b) PROJECT REVIEW PROCESS.— 
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(1) IN GENERAL.—The Secretary shall develop 
and implement a coordinated environmental review 
process for the development of project studies. 
(2) COORDINATED REVIEW.—The coordinated en-
vironmental review process described in paragraph 
(1) shall require that any review, analysis, opinion, 
statement, permit, license, or other approval or deci-
sion issued or made by a Federal, State, or local gov-
ernmental agency or an Indian tribe for a project 
study described in subsection (b) be conducted, to the 
maximum extent practicable, concurrently with any 
other applicable governmental agency or Indian tribe. 
(3) TIMING.—The coordinated environmental re-
view process under this subsection shall be completed 
not later than the date on which the Secretary, in 
consultation and concurrence with the agencies iden-
tified under section 805(d), establishes with respect to 
the project study. 
(c) LEAD AGENCIES.— 
(1) JOINT LEAD AGENCIES.— 
(A) IN GENERAL.—Subject to the require-
ments of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) and the require-
ments of section 1506.8 of title 40, Code of Fed-
eral Regulations (or successor regulations), in-
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cluding the concurrence of the proposed joint 
lead agency, a project sponsor may serve as the 
joint lead agency. 
(B) PROJECT
SPONSOR
AS
JOINT
LEAD 
AGENCY.—A project sponsor that is a State or 
local governmental entity may— 
(i) with the concurrence of the Sec-
retary, serve as a joint lead agency with the 
Federal lead agency for purposes of pre-
paring any environmental document under 
the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
(ii) prepare any environmental review 
process document under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) required in support of any ac-
tion or approval by the Secretary if— 
(I) the Secretary provides guid-
ance in the preparation process and 
independently evaluates that document; 
(II) the project sponsor complies 
with all requirements applicable to the 
Secretary under— 
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(aa) the National Environ-
mental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
(bb) any regulation imple-
menting that Act; and 
(cc) any other applicable 
Federal law; and 
(III) the Secretary approves and 
adopts the document before the Sec-
retary takes any subsequent action or 
makes any approval based on that doc-
ument, regardless of whether the action 
or approval of the Secretary results in 
Federal funding. 
(2) DUTIES.—The Secretary shall ensure that— 
(A) the project sponsor complies with all de-
sign and mitigation commitments made jointly 
by the Secretary and the project sponsor in any 
environmental document prepared by the project 
sponsor in accordance with this subsection; and 
(B) any environmental document prepared 
by the project sponsor is appropriately supple-
mented to address any changes to the project the 
Secretary determines are necessary. 
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115 
(3) ADOPTION AND USE OF DOCUMENTS.—Any 
environmental document prepared in accordance with 
this subsection shall be adopted and used by any Fed-
eral agency making any determination related to the 
project study to the same extent that the Federal 
agency could adopt or use a document prepared by 
another Federal agency under— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(B) parts 1500 through 1508 of title 40, 
Code of Federal Regulations (or successor regula-
tions). 
(4) ROLES AND RESPONSIBILITY OF LEAD AGEN-
CY.—With respect to the environmental review process 
for any project study, the Federal lead agency shall 
have authority and responsibility— 
(A) to take such actions as are necessary 
and proper and within the authority of the Fed-
eral lead agency to facilitate the expeditious reso-
lution of the environmental review process for the 
project study; and 
(B) to prepare or ensure that any required 
environmental impact statement or other envi-
ronmental review document for a project study 
required to be completed under the National En-
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116 
vironmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) is completed in accordance with this sec-
tion and applicable Federal law. 
(d) PARTICIPATING AND COOPERATING AGENCIES.— 
(1) IDENTIFICATION OF JURISDICTIONAL AGEN-
CIES.—With respect to carrying out the environ-
mental review process for a project study, the Sec-
retary shall identify, as early as practicable in the 
environmental review process, all Federal, State, and 
local government agencies and Indian tribes that 
may— 
(A) have jurisdiction over the project; 
(B) be required by law to conduct or issue 
a review, analysis, opinion, or statement for the 
project study; or 
(C) be required to make a determination on 
issuing a permit, license, or other approval or 
decision for the project study. 
(2) STATE AUTHORITY.—If the environmental re-
view process is being implemented by the Secretary 
for a project study within the boundaries of a State, 
the State, consistent with State law, may choose to 
participate in the process and to make subject to the 
process all State agencies that— 
(A) have jurisdiction over the project; 
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117 
(B) are required to conduct or issue a re-
view, analysis, opinion, or statement for the 
project study; or 
(C) are required to make a determination 
on issuing a permit, license, or other approval or 
decision for the project study. 
(3) INVITATION.— 
(A) IN GENERAL.—The Federal lead agency 
shall invite, as early as practicable in the envi-
ronmental review process, any agency identified 
under paragraph (1) to become a participating 
or cooperating agency, as applicable, in the envi-
ronmental review process for the project study. 
(B) DEADLINE.—An invitation to partici-
pate issued under subparagraph (A) shall set a 
deadline by which a response to the invitation 
shall be submitted, which may be extended by the 
Federal lead agency for good cause. 
(4) PROCEDURES.—Section 1501.6 of title 40, 
Code of Federal Regulations (as in effect on the date 
of enactment of the Bureau of Reclamation Project 
Streamlining 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 
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118 
agency to participate in the environmental review 
process for a project study shall be designated as a co-
operating agency by the Federal lead agency unless 
the invited agency informs the Federal lead agency, 
in writing, by the deadline specified in the invitation 
that the invited agency— 
(A)(i) has no jurisdiction or authority with 
respect to the project; 
(ii) has no expertise or information relevant 
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 sub-
section shall not imply that the participating or co-
operating agency— 
(A) supports a proposed project; or 
(B) has any jurisdiction over, or special ex-
pertise with respect to evaluation of, the project. 
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119 
(8) CONCURRENT REVIEWS.—Each participating 
or cooperating agency shall— 
(A) carry out the obligations of that agency 
under other applicable law concurrently and in 
conjunction with the required environmental re-
view process, unless doing so would prevent the 
participating or cooperating agency from con-
ducting needed analysis or otherwise carrying 
out those obligations; and 
(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of the envi-
ronmental review process in a timely, coordi-
nated, and environmentally responsible manner. 
(e) NON-FEDERAL PROJECTS INTEGRATED INTO REC-
LAMATION 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 Bureau of Rec-
lamation. 
(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 ac-
tions as are necessary to advance such a project as a non- 
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120 
Federal project, including, but not limited to, entering into 
agreements with the non-Federal sponsor of such project to 
support the planning, design and permitting of such project 
as a non-Federal project. 
(g) PROGRAMMATIC COMPLIANCE.— 
(1) IN
GENERAL.—The Secretary shall issue 
guidance regarding the use of programmatic ap-
proaches to carry out the environmental review proc-
ess that— 
(A) eliminates repetitive discussions of the 
same issues; 
(B) focuses on the actual issues ripe for 
analyses at each level of review; 
(C) establishes a formal process for coordi-
nating with participating and cooperating agen-
cies, including the creation of a list of all data 
that are needed to carry out an environmental 
review process; and 
(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— 
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121 
(A) as the first step in drafting guidance 
under that paragraph, consult with relevant Fed-
eral, State, and local governmental agencies, In-
dian tribes, and the public on the appropriate 
use and scope of the programmatic approaches; 
(B) emphasize the importance of collabora-
tion among relevant Federal, State, and local 
governmental agencies, and Indian tribes in un-
dertaking programmatic reviews, especially with 
respect to including reviews with a broad geo-
graphical scope; 
(C) ensure that the programmatic reviews— 
(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, Indian tribes, 
or the public, and the temporal and special 
scales to be used to analyze those issues; 
(ii) use accurate and timely informa-
tion in the environmental review process, 
including— 
(I) criteria for determining the 
general duration of the usefulness of 
the review; and 
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122 
(II) the timeline for updating any 
out-of-date review; 
(iii) describe— 
(I) the relationship between pro-
grammatic analysis and future tiered 
analysis; and 
(II) the role of the public in the 
creation of future tiered analysis; and 
(iv) are available to other relevant 
Federal, State, and local governmental 
agencies, Indian tribes, and the public; 
(D) allow not fewer than 60 days of public 
notice and comment on any proposed guidance; 
and 
(E) address any comments received under 
subparagraph (D). 
(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 proc-
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123 
ess for a project study or a category of project 
studies. 
(B) SCHEDULE.— 
(i) IN
GENERAL.—As soon as prac-
ticable but not later than 45 days after the 
close of the public comment period on a 
draft environmental impact statement, the 
Federal lead agency, after consultation with 
and the concurrence of each participating 
and cooperating agency and the project 
sponsor or joint lead agency, as applicable, 
shall establish, as part of the coordination 
plan established in subparagraph (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 agen-
cies, as applicable; 
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124 
(III) the overall size and com-
plexity of the project; 
(IV) the overall schedule for and 
cost of the project; and 
(V) the sensitivity of the natural 
and historical resources that could be 
affected by the project. 
(iii) MODIFICATIONS.—The Secretary 
may— 
(I) lengthen a schedule established 
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 appli-
cable; and 
(II) made available to the public. 
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125 
(2) COMMENT
DEADLINES.—The Federal lead 
agency shall establish the following deadlines for com-
ment during the environmental review process for a 
project study: 
(A) DRAFT ENVIRONMENTAL IMPACT STATE-
MENTS.—For comments by Federal and State 
agencies and the public on a draft environmental 
impact statement, a period of not more than 60 
days after publication in the Federal 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 ap-
plicable, and all participating and cooper-
ating agencies; or 
(ii) the deadline is extended by the 
Federal lead agency for good cause. 
(B) OTHER ENVIRONMENTAL REVIEW PROC-
ESSES.—For all other comment periods estab-
lished 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 com-
ment is requested are made available, unless— 
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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 ap-
plicable, and all participating and cooper-
ating 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 Committee 
on Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Resources 
of the Senate— 
(A) as soon as practicable after the 180-day 
period described in subsection (i)(5)(B), an ini-
tial notice of the failure of the Federal agency to 
make the decision; and 
(B) every 60 days thereafter until such date 
as all decisions of the Federal agency relating to 
the project study have been made by the Federal 
agency, an additional notice that describes the 
number of decisions of the Federal agency that 
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remain outstanding as of the date of the addi-
tional 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 regulations). 
(5) TRANSPARENCY REPORTING.— 
(A) REPORTING REQUIREMENTS.—Not later 
than 1 year after the date of enactment of this 
Act, the Secretary shall establish and maintain 
an electronic database and, in coordination with 
other Federal and State agencies, issue reporting 
requirements to make publicly available the sta-
tus and progress with respect to compliance with 
applicable requirements of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and any other Federal, State, or local ap-
proval or action required for a project study for 
which this section is applicable. 
(B) PROJECT STUDY TRANSPARENCY.—Con-
sistent with the requirements established under 
subparagraph (A), the Secretary shall make pub-
licly available the status and progress of any 
Federal, State, or local decision, action, or ap-
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128 
proval required under applicable laws for each 
project study for which this section 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 sec-
tion to identify and resolve issues that could delay 
completion of the environmental review process or re-
sult 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 agency 
shall make information available to the cooper-
ating 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 alternatives 
under consideration. 
(B) 
DATA
SOURCES.—The 
information 
under subparagraph (A) may be based on exist-
ing data sources, including geographic informa-
tion systems mapping. 
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(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 ELE-
VATION.— 
(A) IN GENERAL.—On the request of a par-
ticipating or cooperating agency or project spon-
sor, the Secretary shall convene an issue resolu-
tion meeting with the relevant participating and 
cooperating agencies and the project sponsor or 
joint lead agency, as applicable, to resolve issues 
that may— 
(i) delay completion of the environ-
mental review process; or 
(ii) result in denial of any approval 
required for the project study under appli-
cable laws. 
(B) MEETING DATE.—A meeting requested 
under this paragraph shall be held not later than 
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21 days after the date on which the Secretary re-
ceives the request for the meeting, unless the Sec-
retary determines that there is good cause to ex-
tend that deadline. 
(C) NOTIFICATION.—On receipt of a request 
for a meeting under this paragraph, the Sec-
retary shall notify all relevant participating and 
cooperating agencies of the request, including 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 meeting 
under this paragraph and a determination is 
made by the Secretary that all information nec-
essary to resolve the issue has been obtained, the 
Secretary shall forward the dispute to the heads 
of the relevant agencies for resolution. 
(E) CONVENTION BY SECRETARY.—The Sec-
retary may convene an issue resolution meeting 
under this paragraph at any time, at the discre-
tion of the Secretary, regardless of whether a 
meeting is requested under subparagraph (A). 
(5) FINANCIAL PENALTY PROVISIONS.— 
(A) IN GENERAL.—A Federal jurisdictional 
agency shall complete any required approval or 
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131 
decision for the environmental review process on 
an expeditious basis using the shortest existing 
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 en-
vironmental impact statement or envi-
ronmental assessment, including the 
issuance or denial of a permit, license, 
statement, opinion, or other approval 
by the date described in clause (ii), the 
amount of funds made available 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 available to the division 
of the Federal jurisdictional agency 
charged with rendering the decision by 
not later than 1 day after the applica-
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132 
ble date under clause (ii), and once 
each week thereafter until a final deci-
sion is rendered, subject to subpara-
graph (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 statement; 
or 
(bb) $10,000 for any project 
study requiring any type of re-
view under the National Environ-
mental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) other than an 
environmental assessment or envi-
ronmental 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 com-
plete; and 
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(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 in-
dividual project study shall exceed, in any 
fiscal year, an amount equal to 1 percent of 
the funds made available for the applicable 
agency office. 
(ii) FAILURE TO DECIDE.—The total 
amount transferred in a fiscal year as a re-
sult of a failure by an agency to make a de-
cision 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 
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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 fiscal 
year. 
(D) NOTIFICATION
OF
TRANSFERS.—Not 
later than 10 days after the last date in a fiscal 
year on which funds of the Federal jurisdictional 
agency may be transferred under subparagraph 
(B)(5) with respect to an individual decision, the 
agency shall submit to the appropriate commit-
tees of the House of Representatives and the Sen-
ate written notification that includes a descrip-
tion of— 
(i) the decision; 
(ii) the project study involved; 
(iii) the amount of each transfer under 
subparagraph (B) in that fiscal year relat-
ing to the decision; 
(iv) the total amount of all transfers 
under subparagraph (B) in that fiscal year 
relating to the decision; and 
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(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 expla-
nation, the Federal lead agency, cooperating 
agencies, and project sponsor, as applicable, 
that— 
(I) the agency has not received 
necessary information or approvals 
from another entity in a manner that 
affects the ability of the agency to meet 
any requirements under Federal, State, 
or local law; 
(II) significant new information, 
including from public comments, or 
circumstances, 
including 
a 
major 
modification to an aspect of the 
project, requires additional analysis 
for the agency to make a decision on 
the project application; or 
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(III) the agency lacks the finan-
cial resources to complete the review 
under the scheduled timeframe, includ-
ing a description of the number of full- 
time employees required to complete 
the review, the amount of funding re-
quired to complete the review, and a 
justification as to why not enough 
funding is available to complete the re-
view by the deadline. 
(ii) 
LACK
OF
FINANCIAL
RE-
SOURCES.—If the agency provides notice 
under clause (i)(III), the Inspector General 
of the agency shall— 
(I) conduct a financial audit to 
review the notice; and 
(II) not later than 90 days after 
the date on which the review described 
in subclause (I) is completed, submit to 
the Committee on Natural Resources of 
the House of Representatives and the 
Committee on Energy and Natural Re-
sources of the Senate the results of the 
audit conducted under subclause (I). 
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(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-Federal 
interest, including the name of any non-Federal 
interest that has contributed, or is expected to 
contribute, a non-Federal share of the cost of— 
(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 
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