119 
(3) MEMORANDUM OF AGENCY AGREEMENT.— 
If requested at any time by a State or project spon-
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-
120 
mental agency, Indian tribe, or project sponsor has 
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
121 
close of a comment period if the information 
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—
122 
(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.—
123 
(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
124 
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. 606. 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-
125 
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
126 
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.—
127 
(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,
128 
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-
129 
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;
130 
(ii) the proposed project study; 
(iii) the authorized project study for 
which the modification is proposed; or 
(iv) construction of— 
(I) the project that is the subject 
of— 
(aa) the water report; 
(bb) the proposed project 
study; or 
(cc) the authorized project 
study for which a modification is 
proposed; or 
(II) the proposed modification to 
a project; 
(B) a letter or statement of support for the 
water report, proposed project study, or pro-
posed modification to a project or project study 
from each associated non-Federal interest; 
(C) the purpose of the feasibility report, 
proposed feasibility study, or proposed modi-
fication to a project or project study; 
(D) an estimate, to the extent practicable, 
of the Federal, non-Federal, and total costs 
of—
131 
(i) the proposed modification to an 
authorized project study; and 
(ii) construction of— 
(I) the project that is the subject 
of— 
(aa) the project report; or 
(bb) the authorized project 
study for which a modification is 
proposed, with respect to the 
change in costs resulting from 
such modification; or 
(II) the proposed modification to 
an authorized project; and 
(E) an estimate, to the extent practicable, 
of the monetary and nonmonetary benefits of— 
(i) the project that is the subject of— 
(I) the project report; or 
(II) the authorized project study 
for which a modification is proposed, 
with respect to the benefits of such 
modification; or 
(ii) the proposed modification to an 
authorized project. 
(3) CERTIFICATION.—The Secretary shall in-
clude in the annual report a certification stating
132 
that each feasibility report, proposed feasibility 
study, and proposed modification to a project or 
project study included in the annual report meets 
the criteria established in paragraph (1)(A). 
(4) APPENDIX.—The Secretary shall include in 
the annual report an appendix listing the proposals 
submitted under subsection (b) that were not in-
cluded in the annual report under paragraph (1)(A) 
and a description of why the Secretary determined 
that those proposals did not meet the criteria for in-
clusion under such paragraph. 
(d) SPECIAL RULE FOR INITIAL ANNUAL REPORT.— 
Notwithstanding any other deadlines required by this sec-
tion, the Secretary shall— 
(1) not later than 60 days after the date of en-
actment of this Act, publish in the Federal Register 
a notice required by subsection (b)(1); and 
(2) include in such notice a requirement that 
non-Federal interests submit to the Secretary any 
proposals described in subsection (b)(1) by not later 
than 120 days after the date of publication of such 
notice in the Federal Register in order for such pro-
posals to be considered for inclusion in the first an-
nual report developed by the Secretary under this 
section.
133 
(e) PUBLICATION.—Upon submission of an annual 
report to Congress, the Secretary shall make the annual 
report publicly available, including through publication on 
the Internet. 
(f) DEFINITION.—In this section, the term ‘‘project 
report’’ means a final feasibility report developed under 
the Reclamation Act of 1902 (32 Stat. 388), and all Acts 
amendatory thereof or supplementary thereto. 
SEC. 607. APPLICABILITY OF WIIN ACT. 
Sections 4007 and 4009 of the WIIN Act (Public 
Law 114–322) shall not apply to any project (as defined 
in section 602 of this Act). 
TITLE VII—WATER RIGHTS 
PROTECTION 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Water Rights Protec-
tion Act of 2017’’. 
SEC. 702. DEFINITIONS. 
In this title: 
(1) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means, as applicable— 
(A) the Secretary of Agriculture; or 
(B) the Secretary of the Interior. 
(2) WATER RIGHT.—The term ‘‘water right’’ 
means any surface, groundwater, or storage use
134 
filed, permitted, certificated, confirmed, decreed, ad-
judicated, or otherwise recognized by a judicial pro-
ceeding or by the State in which the user acquires 
possession of the water or puts it to beneficial use. 
SEC. 703. TREATMENT OF WATER RIGHTS. 
The Secretary shall not— 
(1) condition the issuance, renewal, amendment, 
or extension of any permit, approval, license, lease, 
allotment, easement, right-of-way, or other land use 
or occupancy agreement on the transfer of any water 
right (including joint and sole ownership) directly or 
indirectly to the United States, or on any impair-
ment of title or interest, in whole or in part, granted 
or otherwise recognized under State law, by Federal 
or State adjudication, decree, or other judgment, or 
pursuant to any interstate water compact; or 
(2) require any water user to apply for or ac-
quire a water right in the name of the United States 
under State law as a condition of the issuance, re-
newal, amendment, or extension of any permit, ap-
proval, license, lease, allotment, easement, right-of- 
way, or other land use or occupancy agreement. 
SEC. 704. POLICY DEVELOPMENT. 
In developing any rule, policy, directive, management 
plan, or similar Federal action relating to the issuance,
135 
renewal, amendment, or extension of any permit, approval, 
license, lease, allotment, easement, right-of-way, or other 
land use or occupancy agreement, the Secretary— 
(1) shall— 
(A) recognize the longstanding authority of 
the States relating to evaluating, protecting, al-
locating, regulating, permitting, and adjudi-
cating water use; and 
(B) coordinate with the States to ensure 
that any rule, policy, directive, management 
plan, or similar Federal action is consistent 
with, and imposes no greater restriction or reg-
ulatory requirement, than applicable State 
water law; and 
(2) shall not— 
(A) adversely affect— 
(i) the authority of a State in— 
(I) permitting the beneficial use 
of water; or 
(II) adjudicating water rights; 
(ii) any definition established by a 
State with respect to the term ‘‘beneficial 
use’’, ‘‘priority of water rights’’, or ‘‘terms 
of use’’; or