order deemed appropriate by the Secretary after the 
foregoing projects are completed. 
‘‘(4) CONSTRUCTION ASSISTANCE.—If agreed to 
by the Exchange Contractors or any of its members, 
the Secretary shall enter into an agreement with the 
Exchange Contractors or any of its members to as-
sume construction responsibility from initial design 
through completion of such improvements as the Ex-
change Contractors or any of its members may agree 
to, provided that the Secretary shall retain financial 
responsibility for such improvements and shall reim-
burse the Exchange Contractors or any of its mem-
bers for costs incurred by them and their contrac-
tors, if any, expended in the construction of the im-
provements. The Secretary shall enter into a con-
struction agreement with the Exchange Contractors 
or its members, as applicable, and subject to their 
approval, consistent with the terms of this title. 
‘‘(5) TECHNICAL
ADVISORY
COMMITTEE
AND 
RESTORATION
ADMINISTRATOR.—The 
Secretary 
shall add to the Technical Advisory Committee 
(TAC), established pursuant to the Settlement, one 
representative from the Exchange Contractors and 
one representative from the San Luis & Delta- 
Mendota Water Authority. Any decisions and/or rec-
ommendations made by the Restoration Adminis-
trator shall be first discussed with the TAC and 
made on the basis of consensus to maximum extent 
possible. Any recommendations made by the Res-
toration Administrator are advisory only, shall be in 
writing, shall include references to the science relied 
on and specify the benefits to fish in the river, and 
include the level of consensus reached by the TAC. 
The Secretary’s final decision on any action, includ-
ing flows, can deviate from the Restoration Adminis-
trator’s recommendation provided that the Sec-
retary’s final decision is based upon sound and ob-
jective science, and is otherwise consistent with this 
title. 
‘‘(6) RESTORATION
FLOWS.—The appropriate 
level of Restoration Flows under any circumstance 
shall be no greater than that set forth in the 
hydrographs attached as exhibit B to the Settle-
ment, and shall be no greater than the real-time 
fishery needs required to meet the Restoration Goal. 
The Secretary shall make the final decision as to the 
appropriate level of Restoration Flows and other ac-
tions regarding implementation of the Restoration 
Program. The appropriate level of Restoration Flows 
shall at a minimum not exceed channel capacity,
cause seepage damage, or be inconsistent with any 
other requirements in this section. The Secretary’s 
decisions and those of the Secretary of Commerce 
shall be fully supported by the best commercial and 
scientific information available, shall be made in an 
open and transparent manner, and shall be based on 
objective information capable of replication. 
‘‘(7) FISH REINTRODUCTION.—No fishery shall 
be introduced or placed for any reason in to the San 
Joaquin River upstream of the Merced River, until 
Reclamation has released Restoration Flows down 
the San Joaquin River in each hydrologic year type: 
wet, above normal, below normal, dry, and critically 
dry and determined that the improvements are fully 
functional and that seepage impacts have been fully 
mitigated. At least 180 days before the introduction 
of spring run Chinook salmon the Bureau of Rec-
lamation shall submit a report to Congress that pro-
vides a critical examination of the impact of Res-
toration Flows on seepage and the improvements, 
and the likelihood of success in restoring a salmon 
fishery that is viable, sustainable and capable of voli-
tional passage. 
‘‘(8) PROTECTED SPECIES.—Any protected spe-
cies migrating into the Restoration Area shall be
deemed to be a nonessential experimental popu-
lation. Congress finds that due to human–caused 
physical changes to the pathways of the San Joaquin 
River upstream of the confluence of the Merced 
River the San Joaquin River is deemed a distinct 
and separate geographic area and no agency shall 
take any action pursuant to any authority or re-
quirement of the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) or any other Federal or 
State species protection law that will have an ad-
verse impact on landowners or water agencies within 
the Restoration Area unless such impacts are in-
curred on a voluntary basis. 
‘‘(9) SUBSIDENCE.—Prior to implementing any 
other actions, the Secretary shall work with local 
water districts and landowners to ensure the actions 
include appropriate solutions to past and likely fu-
ture subsidence. Without resolution to the subsid-
ence issue, the improvements described in the Settle-
ment and the San Joaquin River and/or the flood 
control system will continue to be irreparability dam-
aged. Any costs incurred by the Secretary, including 
but not limited to acquisition of property from will-
ing sellers shall be non-reimbursable.
‘‘(10) FULL FUNDING.—Prior to commencing 
construction of any Improvement, the Secretary 
shall approve a funding plan that demonstrates that 
the United States has obtained all authorizations for 
appropriations combined with other authorized and 
reasonably foreseeable funding sources necessary for 
the orderly completion of all improvements described 
in paragraph (11) of the Settlement and any addi-
tional improvements identified in the Framework for 
Implementation published in 2015, including any 
amendments thereto. 
‘‘(11) MITIGATION OF IMPACTS.—Prior to the 
implementation of decisions or agreements to con-
struct, improve, operate, or maintain Improvements. 
or facilities that the Secretary determines are needed 
to implement the Settlement, the Secretary shall— 
‘‘(A) identify the impacts associated with 
such actions; 
‘‘(B) identify the actions that the Sec-
retary must implement to mitigate any impacts 
on water users and landowners in the Restora-
tion Area; and 
‘‘(C) shall implement all of the mitigation 
actions so as to eliminate or reduce to an im-
material effect any adverse impacts on water 
users and landowners.’’. 
TITLE II—CALFED STORAGE 
FEASIBILITY STUDIES 
SEC. 201. STUDIES. 
The Secretary of the Interior, through the Commis-
sioner of Reclamation, shall— 
(1) complete the feasibility studies described in 
clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of 
Public Law 108–361 (118 Stat. 1684) and submit 
such studies to the appropriate committees of the 
House of Representatives and the Senate not later 
than November 30, 2018; 
(2) complete the feasibility study described in 
clause (i)(II) of section 103(d)(1)(A) of Public Law 
108–361 and submit such study to the appropriate 
committees of the House of Representatives and the 
Senate not later than November 30, 2018; 
(3) complete a publicly available draft of the 
feasibility study described in clause (ii)(I) of section 
103(d)(1)(A) of Public Law 108–361 and submit 
such study to the appropriate committees of the 
House of Representatives and the Senate not later 
than November 30, 2018;
(4) complete the feasibility study described in 
clause (ii)(I) of section 103(d)(1)(A) of Public Law 
108–361 and submit such study to the appropriate 
committees of the House of Representatives and the 
Senate not later than November 30, 2019; 
(5) complete the feasibility study described in 
section 103(f)(1)(A) of Public Law 108–361 (118 
Stat. 1694) and submit such study to the appro-
priate committees of the House of Representatives 
and the Senate not later than December 31, 2019; 
(6) in conducting any feasibility study under 
this Act, the reclamation laws, the Central Valley 
Project Improvement Act (title XXXIV of Public 
Law 102–575; 106 Stat. 4706), the Fish and Wild-
life Coordination Act (16 U.S.C. 661 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), and other applicable law, for the purposes of 
determining feasibility the Secretary shall document, 
delineate, and publish costs directly relating to the 
engineering and construction of a water storage 
project separately from the costs resulting from reg-
ulatory compliance or the construction of auxiliary 
facilities necessary to achieve regulatory compliance; 
and
(7) communicate, coordinate and cooperate with 
public water agencies that contract with the United 
States for Central Valley Project water and that are 
expected to participate in the cost pools that will be 
created for the projects proposed in the feasibility 
studies under this section. 
SEC. 202. TEMPERANCE FLAT. 
(a) DEFINITIONS.—For the purposes of this section: 
(1) PROJECT.—The term ‘‘Project’’ means the 
Temperance Flat Reservoir Project on the Upper 
San Joaquin River. 
(2) RMP.—The term ‘‘RMP’’ means the docu-
ment titled ‘‘Bakersfield Field Office, Record of De-
cision and Approved Resource Management Plan’’, 
dated December 2014. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) APPLICABILITY OF RMP.—The RMP and find-
ings related thereto shall have no effect on or applicability 
to the Secretary’s determination of feasibility of, or on any 
findings or environmental review documents related to— 
(1) the Project; or 
(2) actions taken by the Secretary pursuant to 
section 103(d)(1)(A)(ii)(II) of the Bay-Delta Au-
thorization Act (title I of Public Law 108–361).
(c) DUTIES OF SECRETARY UPON DETERMINATION 
OF FEASIBILITY.—If the Secretary finds the Project to 
be feasible, the Secretary shall manage the land rec-
ommended in the RMP for designation under the Wild and 
Scenic Rivers Act (16 U.S.C. 1271 et seq.) in a manner 
that does not impede any environmental reviews, 
preconstruction, construction, or other activities of the 
Project, regardless of whether or not the Secretary sub-
mits any official recommendation to Congress under the 
Wild and Scenic Rivers Act. 
(d) RESERVED WATER RIGHTS.—Effective Decem-
ber 22, 2017, there shall be no Federal reserved water 
rights to any segment of the San Joaquin River related 
to the Project as a result of any designation made under 
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). 
SEC. 203. WATER STORAGE PROJECT CONSTRUCTION. 
The Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, may partner 
or enter into an agreement on the water storage projects 
identified in section 103(d)(1) of the Water Supply Reli-
ability and Environmental Improvement Act (Public Law 
108–361) (and Acts supplemental and amendatory to the 
Act) with local joint powers authorities formed pursuant 
to State law by irrigation districts and other local water
districts and local governments within the applicable hy-
drologic region, to advance those projects. 
SEC. 204. GEOPHYSICAL SURVEY. 
The Bureau of Reclamation, in cooperation with the 
United States Geological Survey, the State of California, 
and local and State water agencies, may conduct detailed 
geophysical characterization activities of subsurface aqui-
fer systems and groundwater vulnerability in California, 
which has experienced a critical, multi-year drought that 
resulted in severe groundwater overdraft in some areas, 
followed by less than optimal recharge from the heavy 
rainstorms and flooding during the 2016–2017 winter sea-
son. This geophysical survey should include data per-
taining to the following: 
(1) Subsurface system framework: occurrence 
and geometry of aquifer and non-aquifer zones. 
(2) Aquifer storage and transmission character-
istics. 
(3) Areas of greatest recharge potential. 
SEC. 205. HEADWATER-RESTORATION SCOPING STUDY. 
The Bureau of Reclamation may partner with aca-
demia, specifically the University of California, and State 
and local water agencies, to develop a study to enhance 
mountain runoff to Central Valley Project reservoirs from 
headwater restoration with the following aims:
(1) Estimate forest biomass density and annual 
evapotranspiration (ET) across the Shasta Lake wa-
tershed for the past decade using satellite and other 
available spatial data. 
(2) Identify areas on public and private land 
that have high biomass densities and ET, and assess 
potential changes in ET that would ensue from for-
est restoration. 
(3) Assess role of subsurface storage in pro-
viding drought resilience of forests, based on long- 
term historical estimates of precipitation, drought 
severity and stream discharge. 
(4) Assess role of snowpack in annual water 
balance across the watersheds. 
TITLE III—WATER RIGHTS 
PROTECTIONS 
SEC. 301. OFFSET FOR STATE WATER PROJECT. 
(a) IMPLEMENTATION IMPACTS.—The Secretary of 
the Interior shall confer with the California Department 
of Fish and Wildlife in connection with the implementa-
tion of this title on potential impacts to any consistency 
determination for operations of the State Water Project 
issued pursuant to California Fish and Game Code section 
2080.1.
(b) ADDITIONAL YIELD.—If, as a result of the appli-
cation of this title, the California Department of Fish and 
Wildlife— 
(1) revokes the consistency determinations pur-
suant to California Fish and Game Code section 
2080.1 that are applicable to the State Water 
Project; 
(2) amends or issues one or more new consist-
ency determinations pursuant to California Fish and 
Game Code section 2080.1 in a manner that directly 
or indirectly results in reduced water supply to the 
State Water Project as compared with the water 
supply available under the smelt biological opinion 
and the salmonid biological opinion; or 
(3) requires take authorization under California 
Fish and Game Code section 2081 for operation of 
the State Water Project in a manner that directly or 
indirectly results in reduced water supply to the 
State Water Project as compared with the water 
supply available under the smelt biological opinion 
and the salmonid biological opinion, and as a con-
sequence of the Department’s action, Central Valley 
Project yield is greater than it would have been ab-
sent the Department’s actions, then that additional 
yield shall be made available to the State Water
Project for delivery to State Water Project contrac-
tors to offset losses resulting from the Department’s 
action. 
(c) NOTIFICATION RELATED
TO ENVIRONMENTAL 
PROTECTIONS.—The Secretary of the Interior shall imme-
diately notify the Director of the California Department 
of Fish and Wildlife in writing if the Secretary of the Inte-
rior determines that implementation of the smelt biological 
opinion and the salmonid biological opinion consistent with 
this title reduces environmental protections for any species 
covered by the opinions. 
SEC. 302. AREA OF ORIGIN PROTECTIONS. 
(a) IN GENERAL.—The Secretary of the Interior is 
directed, in the operation of the Central Valley Project, 
to adhere to California’s water rights laws governing water 
rights priorities and to honor water rights senior to those 
held by the United States for operation of the Central Val-
ley Project, regardless of the source of priority, including 
any appropriative water rights initiated prior to December 
19, 1914, as well as water rights and other priorities per-
fected or to be perfected pursuant to California Water 
Code Part 2 of Division 2. Article 1.7 (commencing with 
section 1215 of chapter 1 of part 2 of division 2, sections 
10505, 10505.5, 11128, 11460, 11461, 11462, and 
11463, and sections 12200 through 12220, inclusive).
(b) DIVERSIONS.—Any action undertaken by the Sec-
retary of the Interior and the Secretary of Commerce pur-
suant to both this title and section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) that requires 
that diversions from the Sacramento River or the San Joa-
quin River watersheds upstream of the Delta be bypassed 
shall not be undertaken in a manner that alters the water 
rights priorities established by California law. 
SEC. 303. NO REDIRECTED ADVERSE IMPACTS. 
(a) IN GENERAL.—The Secretary of the Interior shall 
ensure that, except as otherwise provided for in a water 
service or repayment contract, actions taken in compliance 
with legal obligations imposed pursuant to or as a result 
of this title, including such actions under section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
and other applicable Federal and State laws, shall not di-
rectly or indirectly— 
(1) result in the involuntary reduction of water 
supply or fiscal impacts to individuals or districts 
who receive water from either the State Water 
Project or the United States under water rights set-
tlement contracts, exchange contracts, water service 
contracts, repayment contracts, or water supply con-
tracts; or
(2) cause redirected adverse water supply or fis-
cal impacts to those within the Sacramento River 
watershed, the San Joaquin River watershed or the 
State Water Project service area. 
(b) COSTS.—To the extent that costs are incurred 
solely pursuant to or as a result of this title and would 
not otherwise have been incurred by any entity or public 
or local agency or subdivision of the State of California, 
such costs shall not be borne by any such entity, agency, 
or subdivision of the State of California, unless such costs 
are incurred on a voluntary basis. 
(c) RIGHTS AND OBLIGATIONS NOT MODIFIED OR 
AMENDED.—Nothing in this title shall modify or amend 
the rights and obligations of the parties to any existing— 
(1) water service, repayment, settlement, pur-
chase, or exchange contract with the United States, 
including the obligation to satisfy exchange contracts 
and settlement contracts prior to the allocation of 
any other Central Valley Project water; or 
(2) State Water Project water supply or settle-
ment contract with the State. 
SEC. 304. ALLOCATIONS FOR SACRAMENTO VALLEY CON-
TRACTORS. 
(a) ALLOCATIONS.—
(1) IN
GENERAL.—Subject to paragraph (2) 
and subsection (b), the Secretary of the Interior is 
directed, in the operation of the Central Valley 
Project, to allocate water provided for irrigation pur-
poses to existing Central Valley Project agricultural 
water service contractors within the Sacramento 
River Watershed in compliance with the following: 
(A) Not less than 100 percent of their con-
tract quantities in a ‘‘Wet’’ year. 
(B) Not less than 100 percent of their con-
tract quantities in an ‘‘Above Normal’’ year. 
(C) Not less than 100 percent of their con-
tract quantities in a ‘‘Below Normal’’ year that 
is preceded by an ‘‘Above Normal’’ or a ‘‘Wet’’ 
year. 
(D) Not less than 50 percent of their con-
tract quantities in a ‘‘Dry’’ year that is pre-
ceded by a ‘‘Below Normal’’, an ‘‘Above Nor-
mal’’, or a ‘‘Wet’’ year. 
(E) In all other years not identified herein, 
the allocation percentage for existing Central 
Valley Project agricultural water service con-
tractors within the Sacramento River Water-
shed shall not be less than twice the allocation 
percentage to south-of-Delta Central Valley
Project agricultural water service contractors, 
up to 100 percent; provided, that nothing here-
in shall preclude an allocation to existing Cen-
tral Valley Project agricultural water service 
contractors within the Sacramento River Water-
shed that is greater than twice the allocation 
percentage to south-of-Delta Central Valley 
Project agricultural water service contractors. 
(2) 
CONDITIONS.—The 
Secretary’s 
actions 
under paragraph (1) shall be subject to— 
(A) the priority of individuals or entities 
with Sacramento River water rights, including 
those with Sacramento River Settlement Con-
tracts, that have priority to the diversion and 
use of Sacramento River water over water 
rights held by the United States for operations 
of the Central Valley Project; 
(B) the United States obligation to make 
a substitute supply of water available to the 
San Joaquin River Exchange Contractors; and 
(C) the Secretary’s obligation to make 
water available to managed wetlands pursuant 
to section 3406(d) of the Central Valley Project 
Improvement Act (Public Law 102–575).
(b) PROTECTION OF MUNICIPAL AND INDUSTRIAL 
SUPPLIES.—Nothing in subsection (a) shall be deemed 
to— 
(1) modify any provision of a water service con-
tract that addresses municipal and industrial water 
shortage policies of the Secretary; 
(2) affect or limit the authority of the Secretary 
to adopt or modify municipal and industrial water 
shortage policies; 
(3) affect or limit the authority of the Secretary 
to implement municipal and industrial water short-
age policies; or 
(4) affect allocations to Central Valley Project 
municipal and industrial contractors pursuant to 
such policies. 
Neither subsection (a) nor the Secretary’s implementation 
of subsection (a) shall constrain, govern, or affect, di-
rectly, the operations of the Central Valley Project’s 
American River Division or any deliveries from that Divi-
sion, its units or facilities. 
(c) NO EFFECT
ON ALLOCATIONS.—This section 
shall not— 
(1) affect the allocation of water to Friant Divi-
sion contractors; or
(2) result in the involuntary reduction in con-
tract water allocations to individuals or entities with 
contracts to receive water from the Friant Division. 
(d) PROGRAM
FOR WATER RESCHEDULING.—The 
Secretary of the Interior shall develop and implement a 
program, not later than 1 year after the date of the enact-
ment of this Act, to provide the opportunity for individuals 
or districts that receive Central Valley Project Water 
under water service or repayment contracts or water 
rights settlement contracts within the American River, 
Sacramento River, Shasta and Trinity River Divisions to 
reschedule water, provided for under their Central Valley 
Project water service, repayment or settlement contracts, 
within the same year or from one year to the next. 
(e) DEFINITION.—In this section, the year type terms 
used in subsection (a) have the meaning given those year 
types in the Sacramento Valley Water Year Type (40–30– 
30) Index. 
SEC. 305. EFFECT ON EXISTING OBLIGATIONS. 
Nothing in this title preempts or modifies any exist-
ing obligation of the United States under Federal reclama-
tion law to operate the Central Valley Project in con-
formity with State law, including established water rights 
priorities.
TITLE IV—MISCELLANEOUS 
SEC. 401. WATER SUPPLY ACCOUNTING. 
(a) IN GENERAL.—All Central Valley Project water, 
except Central Valley Project water released pursuant to 
U.S. Department of the Interior Record of Decision, Trin-
ity River Mainstem Fishery Restoration Final Environ-
mental Impact Statement/Environmental Impact Report 
dated December 2000 used to implement an action under-
taken for a fishery beneficial purpose that was not im-
posed by terms and conditions existing in licenses, per-
mits, and other agreements pertaining to the Central Val-
ley Project under applicable State or Federal law existing 
on October 30, 1992, shall be credited to the quantity of 
Central Valley Project yield dedicated and managed under 
this section; provided, that nothing herein shall affect the 
Secretary of the Interior’s duty to comply with any other-
wise lawful requirement imposed on operations of the Cen-
tral Valley Project under any provision of Federal or State 
law. 
(b) RECLAMATION POLICIES AND ALLOCATIONS.— 
Reclamation policies and allocations shall not be based 
upon any premise or assumption that Central Valley 
Project contract supplies are supplemental or secondary 
to any other contractor source of supply.
SEC. 402. 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 
volume for each water-year type required by the U.S. De-
partment of the Interior Record of Decision, Trinity River 
Mainstem Fishery Restoration Final Environmental Im-
pact Statement/Environmental Impact Report dated De-
cember 2000. 
(1) A maximum of 369,000 acre-feet in a 
‘‘Critically 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 
‘‘Extremely Wet’’ year. 
SEC. 403. REPORT ON RESULTS OF WATER USAGE. 
The Secretary of the Interior, in consultation with the 
Secretary of Commerce and the Secretary of Natural Re-
sources of the State of California, shall publish an annual 
report detailing instream flow releases from the Central 
Valley Project and California State Water Project, their
explicit purpose and authority, and all measured environ-
mental benefit as a result of the releases. 
SEC. 404. KLAMATH PROJECT CONSULTATION APPLICANTS. 
If the Bureau of Reclamation initiates or reinitiates 
consultation with the U.S. Fish and Wildlife Service or 
the National Marine Fisheries Service under section 
7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 
1536(a)(2)), with respect to construction or operation of 
the Klamath Project (or any part thereof), Klamath 
Project contractors shall be accorded all the rights and 
responsibilities extended to applicants in the consultation 
process. Upon request of the Klamath Project contractors, 
they may be represented through an association or organi-
zation. 
SEC. 405. CA STATE WATER RESOURCES CONTROL BOARD. 
(a) IN GENERAL.—In carrying out this Act, the Sec-
retaries shall— 
(1) recognize Congressional opposition to the 
violation of private property rights by the California 
State Water Resources Control Board in their pro-
posal 
to 
require 
a 
minimum 
percentage 
of 
unimpaired flows in the main tributaries of the San 
Joaquin River; and
(2) recognize the need to provide reliable water 
supplies to municipal, industrial, and agricultural 
users across the State. 
SEC. 406. NEW MELONES RESERVOIR. 
The authority under section 4006 of the WIIN Act 
shall expire 7 years after the date of the enactment of 
this Act. 
SEC. 407. ACTIONS TO BENEFIT THREATENED AND ENDAN-
GERED SPECIES AND OTHER WILDLIFE. 
None of the funds made available under section 
4010(b) of the WIIN Act may be used for the acquisition 
or leasing of land, water for in-stream purposes if the 
water is already committed to in-stream purposes, or in-
terests in land or water from willing sellers if the land, 
water, or interests are already designated for environ-
mental purposes by a court adopted decree or order or 
cooperative agreement. 
SEC. 408. NON-FEDERAL PROGRAM TO PROTECT NATIVE 
ANADROMOUS FISH IN STANISLAUS RIVER. 
The program established under section 4010(d) of 
the WIIN Act shall not sunset before January 1, 2023.
TITLE V—WATER SUPPLY 
PERMITTING ACT 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Water Supply Permit-
ting Coordination Act’’. 
SEC. 502. DEFINITIONS. 
In this title: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(2) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(3) QUALIFYING PROJECTS.—The term ‘‘quali-
fying projects’’— 
(A) 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 administered by the Department of the 
Interior or the Department of Agriculture, ex-
clusive of any easement, right-of-way, lease, or 
any private holding, unless the project applicant 
elects not to participate in the process author-
ized by this Act; and
(B) includes State-led storage 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 supple-
mental 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 
easement, right-of-way, lease, or any private 
holding, unless the project applicant elects not 
to participate in the process authorized by this 
Act. 
(4) 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 503(c). 
SEC. 503. ESTABLISHMENT OF LEAD AGENCY AND COOPER-
ATING AGENCIES. 
(a) ESTABLISHMENT OF LEAD AGENCY.—The Bu-
reau of Reclamation is established as the lead agency for 
purposes of coordinating all reviews, analyses, opinions,
statements, permits, licenses, or other approvals or deci-
sions 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, 
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 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. 504. 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 
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 prospec-
tive applicants, relevant Federal and State agencies, 
and Indian tribes to— 
(A) explain applicable processes, data re-
quirements, and applicant submissions nec-
essary to complete the required Federal agency 
reviews within the timeframe established; and 
(B) establish the schedule for the quali-
fying project. 
(2) CONSULTATION WITH COOPERATING AGEN-
CIES.—Consult 
with 
the 
cooperating 
agencies 
throughout the Federal agency review process, iden-
tify and obtain relevant data in a timely manner, 
and set necessary deadlines for cooperating agencies. 
(3) SCHEDULE.—Work with the qualifying 
project applicant and cooperating agencies to estab-
lish a project schedule. In establishing the schedule, 
the Bureau shall consider, among other factors— 
(A) the responsibilities of cooperating 
agencies under applicable laws and regulations; 
(B) the resources available to the cooper-
ating agencies and the non-Federal qualifying 
project sponsor, as applicable; 
(C) the overall size and complexity of the 
qualifying project; 
(D) the overall schedule for and cost of the 
qualifying project; and 
(E) the sensitivity of the natural and his-
toric resources that may be affected by the 
qualifying project. 
(4) ENVIRONMENTAL COMPLIANCE.—Prepare a 
unified environmental review document for each 
qualifying project application, incorporating a single 
environmental record on which all cooperating agen-
cies with authority to issue approvals for a given 
qualifying project shall base project approval deci-
sions. Help ensure that cooperating agencies make
necessary decisions, within their respective authori-
ties, regarding Federal approvals in accordance with 
the following timelines: 
(A) Not later than one year after accept-
ance of a completed project application when an 
environmental 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 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 environ-
mental impact statement is required under the 
same. 
(5) 
CONSOLIDATED
ADMINISTRATIVE 
RECORD.—Maintain a consolidated administrative 
record of the information assembled and used by the 
cooperating agencies as the basis for agency deci-
sions. 
(6) PROJECT DATA RECORDS.—To the extent 
practicable and consistent with Federal law, ensure 
that all project data is submitted and maintained in
generally accessible electronic format, compile, and 
where authorized under existing law, make available 
such project data to cooperating agencies, the quali-
fying project applicant, and to the public. 
(7) PROJECT
MANAGER.—Appoint a project 
manager for each qualifying project. The project 
manager shall have authority to oversee the project 
and to facilitate the issuance of the relevant final 
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 505. 
SEC. 505. COOPERATING AGENCY RESPONSIBILITIES. 
(a) ADHERENCE TO BUREAU SCHEDULE.—Upon no-
tification 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 
504, and the cooperating agencies shall adhere to the 
project schedule established by the Bureau. 
(b) ENVIRONMENTAL RECORD.—Cooperating agen-
cies shall submit to the Bureau all environmental review 
material produced or compiled in the course of carrying
out activities required under Federal law consistent with 
the project schedule established by the Bureau. 
(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 
generally accessible electronic format subject to the project 
schedule set forth by the Bureau. 
SEC. 506. FUNDING TO PROCESS PERMITS. 
(a) IN GENERAL.—The Secretary, after public notice 
in accordance with subchapter II of chapter 5, and chapter 
7, of title 5, United States Code (commonly known as the 
‘‘Administrative Procedure Act’’), may accept and expend 
funds contributed by a non-Federal public entity to expe-
dite the evaluation of a permit of that entity related to 
a qualifying project. 
(b) EFFECT ON PERMITTING.— 
(1) 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 des-
ignee, of the region in which the qualifying 
project or activity is located; 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. 
(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 review of the evaluation of permits required under 
subsection (a)(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 
public, including on the Internet. 
TITLE 
VI—BUREAU 
OF 
REC-
LAMATION PROJECT STREAM-
LINING 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Bureau of Reclama-
tion Project Streamlining Act’’. 
SEC. 602. 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 
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). 
(4) FEDERAL LEAD AGENCY.—The term ‘‘Fed-
eral lead agency’’ means the Bureau of Reclamation. 
(5) PROJECT.—The term ‘‘project’’ means a 
surface water project, 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 
sponsor’’ means a State, regional, or local authority 
or instrumentality or other qualifying entity, such as 
a 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 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 that would be integrated into 
a larger system owned, operated or administered in 
whole or in part by the Bureau of Reclamation.
SEC. 603. ACCELERATION OF STUDIES. 
(a) IN GENERAL.—To the extent practicable, a 
project study initiated by the Secretary, after the date of 
enactment of this Act, under the Reclamation Act of 1902 
(32 Stat. 388), and all Acts amendatory thereof or supple-
mentary thereto, shall— 
(1) result in the completion of a final feasibility 
report not later than 3 years after the date of initi-
ation; 
(2) 
have 
a 
maximum 
Federal 
cost 
of 
$3,000,000; and 
(3) ensure that personnel from the local project 
area, region, and headquarters levels of the Bureau 
of Reclamation concurrently conduct the review re-
quired under 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 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-
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
(E) whether there is significant public dis-
pute as to the economic or environmental costs 
or benefits of the project. 
(3) NOTIFICATION.—Each time the Secretary 
makes a determination under this subsection, the 
Secretary shall provide written notice to the Com-
mittee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate as to the results of 
that determination, including an identification of the 
specific one or more factors used in making the de-
termination that the project is complex. 
(4) LIMITATION.—The Secretary shall not ex-
tend the timeline for a project study for a period of 
more than 7 years, and any project study that is not 
completed before that date shall no longer be au-
thorized. 
(d) REVIEWS.—Not later than 90 days after the date 
of the initiation of a project study described in subsection 
(a), the Secretary shall— 
(1) take all steps necessary to initiate the proc-
ess for completing federally mandated reviews that 
the Secretary is required to complete as part of the 
study, including the environmental review process 
under section 805;
(2) convene a meeting of all Federal, tribal, and 
State agencies identified under section 605(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 Committee on Energy 
and Natural Resources of the Senate 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; 
(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 Committee on Energy and Nat-
ural Resources 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. 604. 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. 605. 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-
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 nonfederally 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 
water 
projects are located; 
(ii) will create additional water sup-
plies that support Bureau of Reclamation 
water projects; or 
(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 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 
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 
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 705(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 
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 
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
(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
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-
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 enactment of the Bureau of Reclamation 
Project Streamlining Act), shall govern the identi-
fication and the participation of a cooperating agen-
cy. 
(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; 
(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 
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 INTEGRATED 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. 
(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.—
100 
(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— 
(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 appro-
priate use and scope of the programmatic ap-
proaches;
101 
(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 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 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 
(II) the timeline for updating any 
out-of-date review; 
(iii) describe—
102 
(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.—
103 
(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;
104 
(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
105 
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—
106 
(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 Committee on Energy and Nat-
ural Resources of the Senate— 
(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 
describes the number of decisions of the Fed-
107 
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 enactment of 
this Act, the Secretary shall establish and main-
tain an electronic database and, in coordination 
with other Federal and State agencies, issue re-
porting requirements to make publicly available 
the status and progress with respect to compli-
ance with applicable requirements of the Na-
tional 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 section is applica-
ble. 
(B) PROJECT
STUDY
TRANSPARENCY.— 
Consistent with the requirements established 
under subparagraph (A), the Secretary shall 
make publicly available the status and progress
108 
of any Federal, State, or local decision, action, 
or approval required under applicable laws for 
each project study for which this section is ap-
plicable. 
(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-
109 
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
110 
(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.
111 
(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-
112 
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
113 
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-
114 
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 title 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-
115 
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
116 
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
117 
(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-
118 
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.