I 
118TH CONGRESS 
1ST SESSION 
H. R. 186 
To authorize the Secretary of the Interior to coordinate Federal and State 
permitting processes related to the construction of new surface water 
storage projects on lands under the jurisdiction of the Secretary of 
the Interior and the Secretary of Agriculture and to designate the Bureau 
of Reclamation as the lead agency for permit processing, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2023 
Mr. MCCLINTOCK (for himself, Mr. LAMALFA, Mr. STAUBER, and Mr. 
VALADAO) introduced the following bill; which was referred to the Com-
mittee on Natural Resources 
A BILL 
To authorize the Secretary of the Interior to coordinate 
Federal and State permitting processes related to the 
construction of new surface water storage projects on 
lands under the jurisdiction of the Secretary of the Inte-
rior and the Secretary of Agriculture and to designate 
the Bureau of Reclamation as the lead agency for permit 
processing, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Water Supply Permit-
ting Coordination Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(2) COOPERATING AGENCIES.—The term ‘‘co-
operating agency’’ means a Federal agency with ju-
risdiction over a review, analysis, opinion, statement, 
permit, license, or other approval or decision re-
quired for a qualifying project under applicable Fed-
eral laws and regulations, or a State agency subject 
to section 3(c). 
(3) QUALIFYING PROJECTS.—The term ‘‘quali-
fying projects’’ means new surface water storage 
projects in the States covered under the Act of June 
17, 1902 (32 Stat. 388, chapter 1093), and Acts 
supplemental to and amendatory of that Act (43 
U.S.C. 371 et seq.) constructed on lands adminis-
tered by the Department of the Interior or the De-
partment of Agriculture, exclusive of any easement, 
right-of-way, lease, or any private holding, unless the 
project applicant elects not to participate in the 
process authorized by this Act. Such term shall also 
include State-led projects (as defined in section 
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4007(a)(2) of the WIIN Act) for new surface water 
storage projects in the States covered under the Act 
of June 17, 1902 (32 Stat. 388, chapter 1093), and 
Acts supplemental to and amendatory of that Act 
(43 U.S.C. 371 et seq.) constructed on lands admin-
istered by the Department of the Interior or the De-
partment of Agriculture, exclusive of any easement, 
right-of-way, lease, or any private holding, unless the 
project applicant elects not to participate in the 
process authorized by this Act. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3. ESTABLISHMENT OF LEAD AGENCY AND COOPER-
ATING AGENCIES. 
(a) ESTABLISHMENT OF LEAD AGENCY.—The Bu-
reau is established as the lead agency for purposes of co-
ordinating all reviews, analyses, opinions, statements, per-
mits, licenses, or other approvals or decisions required 
under Federal law to construct qualifying projects. 
(b) IDENTIFICATION AND ESTABLISHMENT OF CO-
OPERATING AGENCIES.—The Commissioner of the Bureau 
shall— 
(1) identify, as early as practicable upon receipt 
of an application for a qualifying project, any Fed-
eral agency that may have jurisdiction over a review, 
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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 
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(2) to make subject to the processes of this Act 
all State agencies that— 
(A) have jurisdiction over the qualifying 
project; 
(B) are required to conduct or issue a re-
view, analysis, or opinion for the qualifying 
project; or 
(C) are required to make a determination 
on issuing a permit, license, or approval for the 
qualifying project. 
SEC. 4. BUREAU RESPONSIBILITIES. 
(a) IN GENERAL.—The principal responsibilities of 
the Bureau under this Act are— 
(1) to serve as the point of contact for appli-
cants, State agencies, Indian tribes, and others re-
garding proposed qualifying projects; 
(2) to coordinate preparation of unified environ-
mental documentation that will serve as the basis for 
all Federal decisions necessary to authorize the use 
of Federal lands for qualifying projects; and 
(3) to coordinate all Federal agency reviews 
necessary for project development and construction 
of qualifying projects. 
(b) COORDINATION PROCESS.—The Bureau shall 
have the following coordination responsibilities: 
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(1) PREAPPLICATION
COORDINATION.—Notify 
cooperating agencies of proposed qualifying projects 
not later than 30 days after receipt of a proposal 
and facilitate a preapplication meeting for prospec-
tive applicants, relevant Federal and State agencies, 
and Indian tribes— 
(A) to explain applicable processes, data 
requirements, and applicant submissions nec-
essary to complete the required Federal agency 
reviews within the timeframe established; and 
(B) to establish the schedule for the quali-
fying project. 
(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; 
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(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 1 year after acceptance 
of a completed project application when an en-
vironmental assessment and finding of no sig-
nificant impact is determined to be the appro-
priate level of review under the National Envi-
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