I 
115TH CONGRESS 
1ST SESSION H. R. 4419 
To facilitate and streamline the Bureau of Reclamation and Bureau of Indian 
Affairs processes for creating or expanding certain water projects, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2017 
Mr. NEWHOUSE (for himself and Mr. REICHERT) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To facilitate and streamline the Bureau of Reclamation and 
Bureau of Indian Affairs processes for creating or ex-
panding certain water projects, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
This Act may be cited as the ‘‘Bureau of Reclamation 
and Bureau of Indian Affairs Water Project Streamlining 
Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ENVIRONMENTAL
IMPACT
STATEMENT.— 
The term ‘‘environmental impact statement’’ means 
the detailed statement of environmental impacts of 
a project required to be prepared pursuant to the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(2) ENVIRONMENTAL REVIEW PROCESS.— 
(A) IN
GENERAL.—The term ‘‘environ-
mental review process’’ means the process of 
preparing an environmental impact statement, 
environmental assessment, categorical exclusion, 
or other document under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for a project study. 
(B) INCLUSIONS.—The term ‘‘environ-
mental review process’’ includes the process for 
and completion of any environmental permit, 
approval, review, or study required for a project 
study under any Federal law other than the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(3) FEDERAL JURISDICTIONAL AGENCY.—The 
term ‘‘Federal jurisdictional agency’’ means a Fed-
eral agency with jurisdiction delegated by law, regu-
lation, order, or otherwise over a review, analysis, 
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opinion, statement, permit, license, or other approval 
or decision required for a project study under appli-
cable Federal laws (including regulations). 
(4) FEDERAL LEAD AGENCY.—The term ‘‘Fed-
eral lead agency’’ means the Bureau of Reclamation 
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 enact-
ment of this Act, are owned by the Federal 
Government, as listed in the Federal inventory 
required by Executive Order 13327 (40 U.S.C. 
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121 note; relating to Federal real property 
asset management). 
(6) PROJECT
SPONSOR.—The term ‘‘project 
sponsor’’ means a State, regional, tribal, or local au-
thority or instrumentality or other qualifying entity, 
such as a water conservation district, irrigation dis-
trict, 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 
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by the Bureau of Reclamation or the Bureau of In-
dian Affairs. 
SEC. 3. ACCELERATION OF STUDIES. 
(a) IN GENERAL.—To the extent practicable, a 
project study initiated by the Secretary, after the date of 
enactment of this Act, 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 
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(3) provide written notice to the Committee on 
Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Re-
sources of the Senate as to the reasons the require-
ments of subsection (a) are not attainable. 
(c) EXCEPTION.— 
(1) IN
GENERAL.—Notwithstanding the re-
quirements of subsection (a), the Secretary may ex-
tend the timeline of a project study by a period not 
to exceed 3 years, if the Secretary determines that 
the project study is too complex to comply with the 
requirements of subsection (a). 
(2) FACTORS.—In making a determination that 
a study is too complex to comply with the require-
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; 
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(D) whether there is significant public dis-
pute as to the nature or effects of the project; 
and 
(E) whether there is significant public dis-
pute as to the economic or environmental costs 
or benefits of the project. 
(3) NOTIFICATION.—Each time the Secretary 
makes a determination under this subsection, the 
Secretary shall provide written notice to the Com-
mittee on Natural Resources of the House of Rep-
resentatives and the 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— 
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(1) take all steps necessary to initiate the proc-
ess for completing federally mandated reviews that 
the Secretary is required to complete as part of the 
study, including the environmental review process 
under section 5; 
(2) convene a meeting of all Federal, tribal, and 
State agencies identified under section 5(d) that 
may— 
(A) have jurisdiction over the project; 
(B) be required by law to conduct or issue 
a review, analysis, opinion, or statement for the 
project study; or 
(C) be required to make a determination 
on issuing a permit, license, or other approval 
or decision for the project study; and 
(3) take all steps necessary to provide informa-
tion that will enable required reviews and analyses 
related to the project to be conducted by other agen-
cies in a thorough and timely manner. 
(e) INTERIM REPORT.—Not later than 18 months 
after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Natural Resources of the 
House of Representatives and the Committees on Energy 
and Natural Resources and Indian Affairs of the Senate 
and make publicly available a report that describes— 
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(1) the status of the implementation of the 
planning process under this section, including the 
number of participating projects; 
(2) a review of project delivery schedules, in-
cluding a description of any delays on those studies 
initiated prior to the date of the enactment of this 
Act; and 
(3) any recommendations for additional author-
ity necessary to support efforts to expedite the 
project. 
(f) FINAL REPORT.—Not later than 4 years after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Natural Resources of the House of 
Representatives and the Committees on Energy and Nat-
ural 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 
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(a)(2) needs to be adjusted to address the impacts 
of inflation. 
SEC. 4. EXPEDITED COMPLETION OF REPORTS. 
The Secretary shall— 
(1) expedite the completion of any ongoing 
project study initiated before the date of enactment 
of this Act; and 
(2) if the Secretary determines that the project 
is justified in a completed report, proceed directly to 
preconstruction planning, engineering, and design of 
the project in accordance with the Reclamation Act 
of 1902 (32 Stat. 388), and all Acts amendatory 
thereof or supplementary thereto. 
SEC. 5. PROJECT ACCELERATION. 
(a) APPLICABILITY.— 
(1) IN GENERAL.—This section shall apply to— 
(A) each project study that is initiated 
after the date of enactment of this Act and for 
which an environmental impact statement is 
prepared under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
(B) the extent determined appropriate by 
the Secretary, to other project studies initiated 
before the date of enactment of this Act and for 
which an environmental review process docu-
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ment is prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); and 
(C) any project study for the development 
of a non-federally owned and operated surface 
water storage project for which the Secretary 
determines there is a demonstrable Federal in-
terest and the project— 
(i) is located in a river basin where 
other Bureau of Reclamation 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. 
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(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.— 
(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 
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study described in subsection (b) be conducted, to 
the maximum extent practicable, concurrently with 
any other applicable governmental agency or Indian 
tribe. 
(3) TIMING.—The coordinated environmental 
review process under this subsection shall be com-
pleted not later than the date on which the Sec-
retary, in consultation and concurrence with the 
agencies identified under section 5(d), establishes 
with respect to the project study. 
(c) LEAD AGENCIES.— 
(1) JOINT LEAD AGENCIES.— 
(A) IN GENERAL.—Subject to the require-
ments of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) and the 
requirements of section 1506.8 of title 40, Code 
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 
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the Federal lead agency for purposes of 
preparing any environmental document 
under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
(ii) prepare any environmental review 
process document under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) required in support of any 
action or approval by the Secretary if— 
(I) the Secretary provides guid-
ance in the preparation process and 
independently evaluates that docu-
ment; 
(II) the project sponsor complies 
with all requirements applicable to the 
Secretary under— 
(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-
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retary takes any subsequent action or 
makes any approval based on that 
document, regardless of whether the 
action or approval of the Secretary re-
sults in Federal funding. 
(2) DUTIES.—The Secretary shall ensure 
that— 
(A) the project sponsor complies with all 
design and mitigation commitments made joint-
ly by the Secretary and the project sponsor in 
any environmental document prepared by the 
project sponsor in accordance with this sub-
section; and 
(B) any environmental document prepared 
by the project sponsor is appropriately supple-
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— 
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