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(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 
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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; 
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(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 
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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 
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(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 
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(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.— 
(1) IN
GENERAL.—The Secretary shall issue 
guidance regarding the use of programmatic ap-
proaches to carry out the environmental review proc-
ess that— 
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(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; 
(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 
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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— 
(I) the relationship between pro-
grammatic analysis and future tiered 
analysis; and 
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(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.— 
(i) IN GENERAL.—As soon as prac-
ticable but not later than 45 days after the 
close of the public comment period on a 
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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; 
(IV) the overall schedule for and 
cost of the project; and 
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(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 
comment during the environmental review process 
for a project study: 
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(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— 
(i) a different deadline is established 
by agreement of the Federal lead agency, 
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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-
eral agency that remain outstanding as of the 
date of the additional notice. 
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(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 
of any Federal, State, or local decision, action, 
or approval required under applicable laws for 
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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-
ing data sources, including geographic informa-
tion systems mapping. 
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(3) COOPERATING AND PARTICIPATING AGENCY 
RESPONSIBILITIES.—Based on information received 
from the Federal lead agency, cooperating and par-
ticipating agencies shall identify, as early as prac-
ticable, any issues of concern regarding the potential 
environmental or socioeconomic impacts of the 
project, including any issues that could substantially 
delay or prevent an agency from granting a permit 
or other approval that is needed for the project 
study. 
(4) ACCELERATED
ISSUE
RESOLUTION
AND 
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 
(ii) result in denial of any approval re-
quired for the project study under applica-
ble laws. 
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(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. 
(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 
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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-
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 
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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 
U.S.C. 4321 et seq.) other than 
an environmental assessment or 
environmental impact statement. 
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(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-
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 
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funds made available for the applicable 
agency office for that fiscal year. 
(iii) 
AGGREGATE.—Notwithstanding 
any other provision of law, for each fiscal 
year, the aggregate amount of financial 
penalties assessed against each applicable 
agency office under this Act and any other 
Federal law as a result of a failure of the 
agency to make a decision by an applicable 
deadline for environmental review, includ-
ing the total amount transferred under this 
paragraph, shall not exceed an amount 
equal to 9.5 percent of the funds made 
available for the agency office for that fis-
cal year. 
(D) NOTIFICATION OF TRANSFERS.—Not 
later than 10 days after the last date in a fiscal 
year on which funds of the Federal jurisdic-
tional agency may be transferred under sub-
paragraph (B)(5) with respect to an individual 
decision, the agency shall submit to the appro-
priate committees of the House of Representa-
tives and the Senate written notification that 
includes a description of— 
(i) the decision; 
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(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 
meet any requirements under Federal, 
State, or local law; 
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(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 
(II) not later than 90 days after 
the date on which the review described 
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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-
mental review process should cooperate with 
each other, State and local agencies, and Indian 
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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. 
(3) MEMORANDUM OF AGENCY AGREEMENT.— 
If requested at any time by a State or project spon-
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sor, the Federal lead agency, in consultation with 
other Federal agencies with relevant jurisdiction in 
the environmental review process, may establish 
memoranda of agreement with the project sponsor, 
Indian tribes, State and local governments, and 
other appropriate entities to carry out the early co-
ordination activities, including providing technical 
assistance in identifying potential impacts and miti-
gation issues in an integrated fashion. 
(k) LIMITATIONS.—Nothing in this section preempts 
or interferes with— 
(1) any obligation to comply with the provisions 
of any Federal law, including— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(B) any other Federal environmental law; 
(2) the reviewability of any final Federal agency 
action in a court of the United States or in the court 
of any State; 
(3) any requirement for seeking, considering, or 
responding to public comment; or 
(4) any power, jurisdiction, responsibility, duty, 
or authority that a Federal, State, or local govern-
mental agency, Indian tribe, or project sponsor has 
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with respect to carrying out a project or any other 
provision of law applicable to projects. 
(l) TIMING OF CLAIMS.— 
(1) TIMING.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, a claim arising under 
Federal law seeking judicial review of a permit, 
license, or other approval issued by a Federal 
agency for a project study shall be barred un-
less the claim is filed not later than 3 years 
after publication of a notice in the Federal Reg-
ister announcing that the permit, license, or 
other approval is final pursuant to the law 
under which the agency action is taken, unless 
a shorter time is specified in the Federal law 
that allows judicial review. 
(B) APPLICABILITY.—Nothing in this sub-
section creates a right to judicial review or 
places any limit on filing a claim that a person 
has violated the terms of a permit, license, or 
other approval. 
(2) NEW INFORMATION.— 
(A) IN
GENERAL.—The Secretary shall 
consider new information received after the 
close of a comment period if the information 
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satisfies the requirements for a supplemental 
environmental impact statement under title 40, 
Code of Federal Regulations (including suc-
cessor regulations). 
(B) SEPARATE ACTION.—The preparation 
of a supplemental environmental impact state-
ment or other environmental document, if re-
quired under this section, shall be considered a 
separate final agency action and the deadline 
for filing a claim for judicial review of the ac-
tion shall be 3 years after the date of publica-
tion of a notice in the Federal Register an-
nouncing the action relating to such supple-
mental environmental impact statement or 
other environmental document. 
(m) CATEGORICAL EXCLUSIONS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall— 
(A) survey the use by the Bureau of Rec-
lamation of categorical exclusions in projects 
since 2005; 
(B) publish a review of the survey that in-
cludes a description of— 
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(i) the types of actions that were cat-
egorically excluded or could be the basis 
for developing a new categorical exclusion; 
and 
(ii) any requests previously received 
by the Secretary for new categorical exclu-
sions; and 
(C) solicit requests from other Federal 
agencies and project sponsors for new categor-
ical exclusions. 
(2) NEW
CATEGORICAL
EXCLUSIONS.—Not 
later than 1 year after the date of enactment of this 
Act, if the Secretary has identified a category of ac-
tivities that merit establishing a categorical exclusion 
that did not exist on the day before the date of en-
actment this Act based on the review under para-
graph (1), the Secretary shall publish a notice of 
proposed rulemaking to propose that new categorical 
exclusion, to the extent that the categorical exclusion 
meets the criteria for a categorical exclusion under 
section 1508.4 of title 40, Code of Federal Regula-
tions (or successor regulation). 
(n) REVIEW
OF
PROJECT
ACCELERATION
RE-
FORMS.— 
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(1) IN GENERAL.—The Comptroller General of 
the United States shall— 
(A) assess the reforms carried out under 
this section; and 
(B) not later than 5 years and not later 
than 10 years after the date of enactment of 
this Act, submit to the Committee on Natural 
Resources of the House of Representatives and 
the Committee on Energy and Natural Re-
sources of the Senate a report that describes 
the results of the assessment. 
(2) CONTENTS.—The reports under paragraph 
(1) shall include an evaluation of impacts of the re-
forms carried out under this section on— 
(A) project delivery; 
(B) compliance with environmental laws; 
and 
(C) the environmental impact of projects. 
(o) PERFORMANCE MEASUREMENT.—The Secretary 
shall establish a program to measure and report on 
progress made toward improving and expediting the plan-
ning and environmental review process. 
(p) CATEGORICAL EXCLUSIONS IN EMERGENCIES.— 
For the repair, reconstruction, or rehabilitation of a Bu-
reau of Reclamation surface water storage project that is 
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in operation or under construction when damaged by an 
event or incident that results in a declaration by the Presi-
dent of a major disaster or emergency pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.), the Secretary shall 
treat such repair, reconstruction, or rehabilitation activity 
as a class of action categorically excluded from the re-
quirements relating to environmental assessments or envi-
ronmental impact statements under section 1508.4 of title 
40, Code of Federal Regulations (or successor regula-
tions), if the repair or reconstruction activity is— 
(1) in the same location with the same capacity, 
dimensions, and design as the original Bureau of 
Reclamation surface water storage project as before 
the declaration described in this section; and 
(2) commenced within a 2-year period begin-
ning on the date of a declaration described in this 
subsection. 
SEC. 806. ANNUAL REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than February 1 of each 
year, the Secretary shall develop and submit to the Com-
mittee on Natural Resources of the House of Representa-
tives and the Committee on Energy and Natural Re-
sources of the Senate an annual report, to be entitled ‘‘Re-
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port to Congress on Future Water Project Development’’, 
that identifies the following: 
(1) PROJECT
REPORTS.—Each project report 
that meets the criteria established in subsection 
(c)(1)(A). 
(2) PROPOSED
PROJECT
STUDIES.—Any pro-
posed project study submitted to the Secretary by a 
non-Federal interest pursuant to subsection (b) that 
meets 
the 
criteria 
established 
in 
subsection 
(c)(1)(A). 
(3) PROPOSED MODIFICATIONS.—Any proposed 
modification to an authorized water project or 
project study that meets the criteria established in 
subsection (c)(1)(A) that— 
(A) is submitted to the Secretary by a non- 
Federal interest pursuant to subsection (b); or 
(B) is identified by the Secretary for au-
thorization. 
(4) EXPEDITED COMPLETION OF REPORT AND 
DETERMINATIONS.—Any project study that was ex-
pedited and any Secretarial determinations under 
section 804. 
(b) REQUESTS FOR PROPOSALS.— 
(1) PUBLICATION.—Not later than May 1 of 
each year, the Secretary shall publish in the Federal 
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Register a notice requesting proposals from non- 
Federal interests for proposed project studies and 
proposed modifications to authorized projects and 
project studies to be included in the annual report. 
(2) DEADLINE FOR REQUESTS.—The Secretary 
shall include in each notice required by this sub-
section a requirement that non-Federal interests 
submit to the Secretary any proposals described in 
paragraph (1) by not later than 120 days after the 
date of publication of the notice in the Federal Reg-
ister in order for the proposals to be considered for 
inclusion in the annual report. 
(3) NOTIFICATION.—On the date of publication 
of each notice required by this subsection, the Sec-
retary shall— 
(A) make the notice publicly available, in-
cluding on the Internet; and 
(B) provide written notification of the pub-
lication to the Committee on Natural Resources 
of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the 
Senate. 
(c) CONTENTS.— 
(1) PROJECT
REPORTS, PROPOSED
PROJECT 
STUDIES, AND PROPOSED MODIFICATIONS.— 
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(A) CRITERIA
FOR
INCLUSION
IN
RE-
PORT.—The Secretary shall include in the an-
nual report only those project reports, proposed 
project studies, and proposed modifications to 
authorized projects and project studies that— 
(i) are related to the missions and au-
thorities of the Bureau of Reclamation; 
(ii) require specific congressional au-
thorization, including by an Act of Con-
gress; 
(iii) have not been congressionally au-
thorized; 
(iv) have not been included in any 
previous annual report; and 
(v) if authorized, could be carried out 
by the Bureau of Reclamation. 
(B) DESCRIPTION OF BENEFITS.— 
(i) 
DESCRIPTION.—The 
Secretary 
shall describe in the annual report, to the 
extent applicable and practicable, for each 
proposed project study and proposed modi-
fication to an authorized water resources 
development project or project study in-
cluded in the annual report, the benefits, 
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as described in clause (ii), of each such 
study or proposed modification. 
(ii) BENEFITS.—The benefits (or ex-
pected benefits, in the case of a proposed 
project study) described in this clause are 
benefits to— 
(I) the protection of human life 
and property; 
(II) improvement to domestic ir-
rigated water and power supplies; 
(III) the national economy; 
(IV) the environment; or 
(V) the national security inter-
ests of the United States. 
(C) IDENTIFICATION
OF
OTHER
FAC-
TORS.—The Secretary shall identify in the an-
nual report, to the extent practicable— 
(i) for each proposed project study in-
cluded in the annual report, the non-Fed-
eral interest that submitted the proposed 
project study pursuant to subsection (b); 
and 
(ii) for each proposed project study 
and proposed modification to a project or 
project study included in the annual re-
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port, whether the non-Federal interest has 
demonstrated— 
(I) that local support exists for 
the proposed project study or pro-
posed modification to an authorized 
project or project study (including the 
surface water storage development 
project that is the subject of the pro-
posed feasibility study or the proposed 
modification to an authorized project 
study); and 
(II) the financial ability to pro-
vide the required non-Federal cost 
share. 
(2) TRANSPARENCY.—The Secretary shall in-
clude in the annual report, for each project report, 
proposed project study, and proposed modification to 
a project or project study included under paragraph 
(1)(A)— 
(A) the name of the associated non-Fed-
eral interest, including the name of any non- 
Federal interest that has contributed, or is ex-
pected to contribute, a non-Federal share of the 
cost of— 
(i) the project report; 
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(A) provide for the repayment, either in 
lump sum or by accelerated prepayment, of the 
remaining construction costs identified in water 
project specific irrigation rate repayment sched-
ules, as adjusted to reflect payment not re-
flected in such schedule, and properly assign-
able for ultimate return by the contractor, or if 
made in approximately equal installments, no 
later than 3 years after the effective date of the 
repayment contract, such amount to be dis-
counted by 1⁄2 the Treasury rate. An estimate 
of the remaining construction costs, as ad-
justed, shall be provided by the Secretary to the 
contractor no later than 90 days following re-
ceipt of request of the contractor; 
(B) require that construction costs or 
other capitalized costs incurred after the effec-
tive date of the contract or not reflected in the 
rate schedule referenced in subparagraph (A), 
and properly assignable to such contractor shall 
be repaid in not more than 5 years after notifi-
cation of the allocation if such amount is a re-
sult of a collective annual allocation of capital 
costs to the contractors exercising contract con-
versation under this subsection of less than 
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