Title: WOW Act
Policy area: Water Resources Development

Summary:
Water Optimization for the West Act or the WOW Act
This bill addresses issues related to water projects in the Western States. Among other things, the bill

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5217 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 5217

To provide for western water security, reliability, modernization, and 
                   abundance, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2019

  Mr. McClintock (for himself, Mr. McCarthy, Mr. Bishop of Utah, Mr. 
 Calvert, Mr. Nunes, Mr. Newhouse, Mr. Fulcher, Mr. Cook, Mr. LaMalfa, 
 Mr. Hunter, Mr. Gosar, and Mr. Tipton) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
   addition to the Committees on Transportation and Infrastructure, 
  Agriculture, and Science, Space, and Technology, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To provide for western water security, reliability, modernization, and 
                   abundance, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Optimization for the West 
Act'' or the ``WOW Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                     TITLE I--WATER INFRASTRUCTURE

Sec. 1001. WIIN Act amendments.
     TITLE II--SACRAMENTO-SAN JOAQUIN VALLEY WATER RELIABILITY ACT

          Subtitle A--Central Valley Project Water Reliability

Sec. 2001. Amendment to purposes.
Sec. 2002. Amendment to definition.
Sec. 2003. Contracts.
Sec. 2004. Water transfers, improved water management, and 
                            conservation.
Sec. 2005. Fish, wildlife, and habitat restoration.
Sec. 2006. Restoration fund.
Sec. 2007. Additional authorities.
Sec. 2008. Amendments to Central Valley Project authorizations.
Sec. 2009. Regulatory streamlining.
               Subtitle B--San Joaquin River Restoration

Sec. 2101. Repeal of the San Joaquin River Settlement.
Sec. 2102. Purpose.
Sec. 2103. Definitions.
Sec. 2104. Implementation of restoration.
Sec. 2105. Disposal of property; title to facilities.
Sec. 2106. Compliance with applicable law.
Sec. 2107. Compliance with Central Valley Project Improvement Act.
Sec. 2108. No private right of action.
Sec. 2109. Implementation.
Sec. 2110. Repayment contracts and acceleration of repayment of 
                            construction costs.
Sec. 2111. Repeal.
Sec. 2112. Water supply mitigation.
Sec. 2113. Additional authorities.
Sec. 2114. Protections.
TITLE III--REPURPOSING ASSETS TO INCREASE LONG-TERM WATER AVAILABILITY 
                             AND YIELD ACT

Sec. 3001. Treatment of certain funds dedicated for high-speed rail 
                            development in the State of California.
Sec. 3002. Nitrate contamination reduction grants.
Sec. 3003. New well construction grants.
                       TITLE IV--HETCH HETCHY DAM

Sec. 4001. Hetch Hetchy rental fee update.
   TITLE V--BUREAU OF RECLAMATION AND BUREAU OF INDIAN AFFAIRS WATER 
                        PROJECT STREAMLINING ACT

Sec. 5001. Definitions.
Sec. 5002. Acceleration of studies.
Sec. 5003. Expedited completion of reports.
Sec. 5004. Project acceleration.
Sec. 5005. Annual report to Congress.
Sec. 5006. Applicability of the WIIN Act.
           TITLE VI--WATER SUPPLY PERMITTING COORDINATION ACT

Sec. 6001. Definitions.
Sec. 6002. Establishment of lead agency and cooperating agencies.
Sec. 6003. Bureau responsibilities.
Sec. 6004. Cooperating agency responsibilities.
Sec. 6005. Funding to process permits.
           TITLE VII--FEDERALLY INTEGRATED SPECIES HEALTH ACT

Sec. 7001. Transfer of functions with respect to anadromous species and 
                            catadromous species.
Sec. 7002. Miscellaneous provisions.
Sec. 7003. Definitions.
         TITLE VIII--AQUIFER RECHARGE FLEXIBILITY PILOT PROGRAM

Sec. 8001. Definitions.
Sec. 8002. Use of Bureau facilities.
Sec. 8003. Aquifer recharge on eligible land.
Sec. 8004. Sense of Congress.
Sec. 8005. Conveyance for aquifer recharge purposes.
Sec. 8006. Report.
Sec. 8007. Effect.
Sec. 8008. Exemption.
           TITLE IX--BIG SAND WASH PROJECT TITLE TRANSFER ACT

Sec. 9001. Definitions.
Sec. 9002. Conveyance of facilities and land.
Sec. 9003. Relationship to Uinta Basin Replacement Project.
Sec. 9004. Report.
       TITLE X--KENNEWICK IRRIGATION DISTRICT TITLE TRANSFER ACT

Sec. 10001. Definitions.
Sec. 10002. Agreement, conveyance, report.
Sec. 10003. Liability.
Sec. 10004. Benefits.
Sec. 10005. Compliance with other laws.
Sec. 10006. Payment.
Sec. 10007. Miscellaneous.
Sec. 10008. Limitations.
                 TITLE XI--WATER RIGHTS PROTECTION ACT

Sec. 11001. Definitions.
Sec. 11002. Treatment of water rights.
Sec. 11003. Policy development.
Sec. 11004. Effect.
                  TITLE XII--COULEE DAM REDESIGNATION

Sec. 12001. Redesignation of facility.
Sec. 12002. References.
     TITLE XIII--NUTRIA ERADICATION AND CONTROL ACT REAUTHORIZATION

Sec. 13001. Nutria eradication.
Sec. 13002. Deauthorizations.

                     TITLE I--WATER INFRASTRUCTURE

SEC. 1001. WIIN ACT AMENDMENTS.

    (a) Authorization of Appropriations.--The WIIN Act (Public Law 114-
322) is amended--
            (1) in section 4007 (43 U.S.C. 390(b) note)--
                    (A) in subsection (h)(1)--
                            (i) by striking ``$335,000,000 of funding 
                        in section 4011(e) is authorized'' and 
                        inserting ``$134,000,000 is authorized''; and
                            (ii) by striking ``to remain available 
                        until expended'' and inserting ``to be 
                        appropriated for each of fiscal years 2021 
                        through 2025 to carry out this section''; and
                    (B) in subsection (h)(2)--
                            (i) by striking ``Congress.'' and inserting 
                        ``Congress; and''; and
                            (ii) by adding at the end the following:
                    ``(A) After approval by Congress of an initial 
                award for a federally owned storage project or a State-
                led storage project, the Secretary may award additional 
                funding for the federally owned storage project or 
                State-led storage project without further congressional 
                approval; and
                    ``(B) previously authorized projects remain 
                eligible to receive funding under this provision.''; 
                and
                    (C) in subsection (i), by striking ``January 1, 
                2021'' and inserting ``January 1, 2028''; and
            (2) in section 4013 (43 U.S.C. 390(b) note)--
                    (A) by striking ``the date that is 5 years after 
                the date of its enactment'' and inserting ``December 
                16, 2028''; and
                    (B) by striking ``10 years after the date of its 
                enactment'' and inserting ``on December 16, 2033''.
    (b) State Water Project Protections.--Subsection (b)(2) of section 
4005 of the WIIN Act (Public Law 114-322) is amended by striking 
``smelt biological opinion and the salmonid biological opinion;'' and 
inserting ``then current smelt biological opinion and the then current 
salmonid biological opinion;''.
    (c) Water Desalination Act Amendment.--Section 4(a)(1)(F) of the 
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-
298), as amended by section 4009 of the WIIN Act, is further amended by 
striking ``$30,000,000 of funding is authorized to remain available 
until expended; and'' and inserting ``$12,000,000 is authorized to be 
appropriated for each of fiscal years 2021 through 2025.''.
    (d) Reclamation Wastewater and Ground Water Study and Facilities 
Act Amendment.--Section 1602(g) of the Reclamation Wastewater and 
Groundwater Study and Facilities Act (title XVI of Public Law 102-575; 
43 U.S.C. 390h(g)), as amended by section 4009 of the WIIN Act, is 
further amended by striking ``$50,000,000 to remain available until 
expended'' and inserting ``$20,000,000 for each of fiscal years 2021 
through 2025''.
    (e) CALFED Authorization.--Title I of Public Law 108-361 (the 
CALFED Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 2860; 
128 Stat. 164; 128 Stat. 2312) (as amended by section 4007(k) of the 
WIIN Act (130 Stat. 1866)) is amended by striking ``2019'' each place 
it appears and inserting ``2025''.
    (f) Blueprint Participation.--Section 4009 of the WIIN Act (Public 
Law 114-322) is amended by adding after subsection (a) the following:
    ``(b) Authorization To Participate.--The Secretary of the Interior 
is authorized to participate in the development of the Water Blueprint 
for the San Joaquin Valley, including the development of policy and 
infrastructure recommendations that--
            ``(1) increase surface water availability and reliability; 
        and
            ``(2) reduce groundwater overdraft.''.
    (g) Storage Project Feasibility.--Section 4007(a) of the WIIN Act 
(43 U.S.C. 390b(a)) is amended by adding at the end the following:
            ``(3) Feasible.--The term `feasible' in regards to any 
        Federally owned storage project or State-led storage project, 
        means any such project for which the Secretary of the Interior 
        determines that--
                    ``(A) engineering and cost estimates have been 
                completed consistent with the level of detail required 
                for typical feasibility studies used to assist in the 
                selection of a preferred plan or alternative in order 
                to ensure the project is constructible and estimated 
                costs support feasibility;
                    ``(B) there is reasonable certainty that 
                environmental compliance and permitting, consistent 
                with applicable Federal and State laws, shall be 
                completed and any potential changes to the project that 
                may be required by those laws have been identified; and
                    ``(C) the maximum amount of Federal funds provided 
                is no less than the projected Federal benefits, 
                including, but not limited to, water supply, 
                irrigation, flood control, hydroelectric power, 
                navigation, recreation, fish and wildlife enhancement, 
                water quality, or road improvement, maintenance, or 
                relocation provided by the project.''.
    (h) Storage Project Flexibility.--Section 4007(b)(1) of the WIIN 
Act (Public Law 114-322) is amended by striking ``or any public 
agency'' and inserting ``any public agency, or any other entity''.

     TITLE II--SACRAMENTO-SAN JOAQUIN VALLEY WATER RELIABILITY ACT

          Subtitle A--Central Valley Project Water Reliability

SEC. 2001. AMENDMENT TO PURPOSES.

    Section 3402 of the Central Valley Project Improvement Act (106 
Stat. 4706) is amended--
            (1) in subsection (f), by striking the period at the end; 
        and
            (2) by adding at the end the following:
    ``(g) to ensure that water dedicated to fish and wildlife purposes 
by this title is replaced and provided to Central Valley Project water 
contractors by December 31, 2023, at the lowest cost reasonably 
achievable; and
    ``(h) to facilitate and expedite water transfers in accordance with 
this Act.''.

SEC. 2002. AMENDMENT TO DEFINITION.

    Section 3403 of the Central Valley Project Improvement Act (106 
Stat. 4707) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) the term `anadromous fish' means those native stocks of 
salmon (including steelhead) and sturgeon that, as of October 30, 1992, 
were present in the Sacramento and San Joaquin Rivers and their 
tributaries and ascend those rivers and their tributaries to reproduce 
after maturing in San Francisco Bay or the Pacific Ocean;'';
            (2) in subsection (h), by striking ``(h) The term `natural 
        production' means fish produced to adulthood without direct 
        human intervention in the spawning, rearing, or migration 
        processes;'' and by redesignating subsections (i) through (m) 
        as subsections (h) through (l), respectively;
            (3) in subsection (k), by striking ``and,'' after ``this 
        title'';
            (4) in subsection (l), by striking the period and inserting 
        ``; and''; and
            (5) by adding at the end the following:
    ``(m) the term `reasonable flows' means water flows capable of 
being maintained taking into account competing consumptive uses of 
water and economic, environmental, and social factors.''.

SEC. 2003. CONTRACTS.

    Section 3404 of the Central Valley Project Improvement Act (106 
Stat. 4708) is amended--
            (1) in the heading, by striking ``limitation on contracting 
        and contract reform'' and inserting ``contracts''; and
            (2) by striking the language of the section and by adding:
    ``(a) Renewal of Existing Long-Term Contracts.--Upon request of the 
contractor, the Secretary shall renew any existing long-term repayment 
or water service contract that provides for the delivery of water from 
the Central Valley Project for a period of 40 years. In renewing the 
contract, the Secretary shall not have discretion to reduce the 
quantity of water to be delivered under the contract.
    ``(b) Administration of Contracts.--Except as expressly provided by 
this Act, any existing long-term repayment or water service contract 
for the delivery of water from the Central Valley Project shall be 
administered pursuant to the Reclamation laws applicable to the 
contract, including the Act of July 2, 1956 (70 Stat. 483), when 
applicable.
    ``(c) Pricing Based on Water Deliveries.--Beginning on the date of 
the enactment of this Act, the Secretary shall charge contractors only 
for water actually delivered. The Secretary shall incorporate this term 
in all contracts for the delivery of water from the Central Valley 
Project.''.

SEC. 2004. WATER TRANSFERS, IMPROVED WATER MANAGEMENT, AND 
              CONSERVATION.

    Section 3405 of the Central Valley Project Improvement Act (106 
Stat. 4709) is amended as follows:
            (1) In subsection (a)--
                    (A) by inserting before ``Except as provided 
                herein'' the following: ``The Secretary shall take all 
                necessary actions to facilitate and expedite transfers 
                of Central Valley Project water in accordance with this 
                Act or any other provision of Federal Reclamation laws 
                and the National Environmental Policy Act of 1969.'';
                    (B) in paragraph (1)(A), by striking ``to 
                combination'' and inserting ``or combination'';
                    (C) in paragraph (2), by adding at the end the 
                following:
                    ``(E) The contracting district from which the water 
                is coming, the agency, or the Secretary shall determine 
                if a written transfer proposal is complete within 45 
                days after the date of submission of such proposal. If 
                such district or agency or the Secretary determines 
                that such proposal is incomplete, such district or 
                agency or the Secretary shall state with specificity 
                what must be added to or revised in order for such 
                proposal to be complete.
                    ``(F) Except as provided in this section, the 
                Secretary shall not impose mitigation or other 
                requirements on a proposed transfer, but the 
                contracting district from which the water is coming or 
                the agency shall retain all authority under State law 
                to approve or condition a proposed transfer.''; and
                    (D) by adding at the end the following:
            ``(4) Notwithstanding any other provision of Federal 
        Reclamation laws--
                    ``(A) the authority to make transfers or exchanges 
                of, or banking or recharge arrangements using, Central 
                Valley Project water that could have been conducted 
                before October 30, 1992, is valid, and such transfers, 
                exchanges, or arrangements shall not be subject to, 
                limited, or conditioned by this title; and
                    ``(B) this title shall not supersede or revoke the 
                authority to transfer, exchange, bank, or recharge 
                Central Valley Project water that existed prior to 
                October 30, 1992.''.
            (2) In subsection (b)--
                    (A) in the heading, by striking ``Metering'' and 
                inserting ``Measurement''; and
                    (B) by inserting after the first sentence the 
                following: ``The contracting district or agency shall 
                ensure that all surface water delivery systems owned or 
                operated by that contracting district or agency within 
                its boundaries measure surface water at the district or 
                agency's facilities up to the point the surface water 
                is commingled with other water supplies.''.
            (3) By striking subsection (d).
            (4) By redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively.
            (5) By amending subsection (e) (as redesignated by 
        paragraph (4))--
                    (A) by striking ``as a result of the increased 
                repayment'' and inserting ``that exceed the cost-of-
                service'';
                    (B) by inserting ``the delivery of'' after ``rates 
                applicable to'';
                    (C) by striking ``, and all increased revenues 
                received by the Secretary as a result of the increased 
                water prices established under subsection 3405(d) of 
                this section,''; and
                    (D) by striking ``covered'' and inserting 
                ``deposited''.

SEC. 2005. FISH, WILDLIFE, AND HABITAT RESTORATION.

    Section 3406 of the Central Valley Project Improvement Act (106 
Stat. 4714) is amended as follows:
            (1) In subsection (a) by striking paragraphs (1) and (2), 
        and redesignating paragraphs (3) and (4) as (1) and (2);
            (2) In subsection (b)--
                    (A) by striking ``establishing'' and inserting 
                ``that establish''; and
                    (B) by inserting ``, that the Secretary has 
                determined are not inconsistent with the 
                congressionally authorized purposes of the project,'' 
                after ``California State Water Resources Control 
                Board'';
                    (C) in paragraph (1)--
                            (i) by striking ``natural production of'';
                            (ii) by striking ``levels not less than 
                        twice''; and
                            (iii) by striking ``title; And provided 
                        further,'' and all that follows through the 
                        period and inserting ``title.'';
                    (D) in paragraph (1)(B)--
                            (i) by striking ``is authorized and 
                        directed to'' and inserting ``may'';
                            (ii) by inserting ``reasonable water'' 
                        after ``to provide'';
                            (iii) by striking ``anadromous fish, except 
                        that such'' and inserting ``anadromous fish. 
                        Such'';
                            (iv) by striking ``remaining contractual 
                        obligations'' and inserting ``contractual 
                        obligations'';
                            (v) by striking ``Instream flow'' and 
                        inserting ``Reasonable instream flow'';
                            (vi) by inserting ``and the National Marine 
                        Fisheries Service'' after ``United States Fish 
                        and Wildlife Service''; and
                            (vii) by striking ``after consultation with 
                        the California Department of Fish and Game'';
                    (E) in paragraph (2)--
                            (i) by striking ``primary purpose'' and 
                        inserting ``purposes'';
                            (ii) by striking ``but not limited to'' 
                        before ``additional obligations''; and
                            (iii) by adding after the period the 
                        following: ``All Central Valley Project water 
                        used for the purposes specified in this 
                        paragraph shall be credited to the quantity of 
                        Central Valley Project yield dedicated and 
                        managed under this paragraph by determining how 
                        the dedication and management of such water 
                        would affect the delivery capability of the 
                        Central Valley Project during the 1928 to 1934 
                        drought period after fishery, water quality, 
                        and other flow and operational requirements 
                        imposed by terms and conditions existing in 
                        licenses, permits, and other agreements 
                        pertaining to the Central Valley Project under 
                        applicable State or Federal law existing on 
                        October 30, 1992, have been met. To the fullest 
                        extent possible and in accordance with section 
                        3411, Central Valley Project water dedicated 
                        and managed pursuant to this paragraph shall be 
                        reused to fulfill the Secretary's contractual 
                        obligations to provide Central Valley Project 
                        water for agricultural or municipal and 
                        industrial purposes.'';
                    (F) by amending paragraph (2)(B) to read:
                    ``(B) Such quantity of water shall be managed by 
                the Bureau of Reclamation after consultation with the 
                United States Fish and Wildlife Service and the 
                National Marine Fisheries Service.'';
                    (G) by amending paragraph 2(C) to read:
                    ``(C) If by March 15th of any year the quantity of 
                Central Valley Project water forecasted to be made 
                available to water service or repayment contractors in 
                the Delta Division of the Central Valley Project is 
                below 75 percent of the total quantity of water to be 
                made available under said contracts, the quantity of 
                Central Valley Project yield dedicated and managed for 
                that year under this paragraph shall be reduced by 25 
                percent.''.
            (3) In subsection (c) in paragraph (1) by striking 
        ``naturally reproducing''.
            (4) In subsection (d)--
                    (A) in paragraph (1), by striking ``paragraph (1) 
                of this subsection'' and inserting ``paragraph (2) of 
                this subsection''.
                    (B) by amending paragraph (4) to read as follows:
            ``(4) If by March 15th of any year the quantity of Central 
        Valley Project water forecasted to be made available to water 
        service or repayment contractors in the Delta Division of the 
        Central Valley Project is below 75 percent of the total 
        quantity of water to be made available under said contracts, 
        the quantity of water dedicated under paragraph (1) of this 
        subsection shall be reduced by 25 percent.''.
            (5) In subsection (e)--
                    (A) in paragraph (2), by striking ``Provided, That 
                additional hatchery production shall only be used to 
                supplement or to re-establish natural production while 
                avoiding adverse effects on remaining wild stocks;''; 
                and
                    (B) in paragraph (6), by striking ``restore, and 
                enhance natural production of salmon and steelhead 
                trout'' and inserting ``and restore anadromous fish''.
            (6) By adding at the end the following:
    ``(i) Natural and Artificial Production of Species.--Regardless of 
the date of listing, the Secretaries of the Interior and Commerce shall 
not distinguish between natural production and artificial propagation 
or artificial production strains of a species in making any 
determination under the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.) that relates to any anadromous fish species present in the 
Sacramento and San Joaquin Rivers or their tributaries and ascend those 
rivers and their tributaries to reproduce after maturing in San 
Francisco Bay or the Pacific Ocean.
    ``(j) Satisfaction of Purposes.--By pursuing the activities 
described in this section, the Secretary shall be deemed to have met 
the fish and wildlife mitigation, protection, restoration, and 
enhancement purposes of this title.''.

SEC. 2006. RESTORATION FUND.

    (a) In General.--Section 3407(a) of the Central Valley Project 
Improvement Act (106 Stat. 4726) is amended as follows:
            (1) By inserting ``(1) In general.--There is hereby''.
            (2) By striking ``Not less than 67 percent'' and all that 
        follows through ``Monies'' and inserting ``Monies''.
            (3) By adding at the end the following:
            ``(2) Prohibitions.--The Secretary may not directly or 
        indirectly require a donation or other payment to the 
        Restoration Fund--
                    ``(A) or environmental restoration or mitigation 
                fees not otherwise provided by law, as a condition to--
                            ``(i) providing for the storage or 
                        conveyance of non-Central Valley Project water 
                        pursuant to Federal reclamation laws; or
                            ``(ii) the delivery of water pursuant to 
                        section 215 of the Reclamation Reform Act of 
                        1982 (Public Law 97-293; 96 Stat. 1270); or
                    ``(B) for any water that is delivered with the 
                intent of groundwater recharge or banking.''.
    (b) Certain Payments.--Section 3407(c)(1) of the Central Valley 
Project Improvement Act is amended--
            (1) by striking ``provided for or''; and
            (2) by striking ``of fish, wildlife'' and all that follows 
        through the period and inserting ``of carrying out all 
        activities described in this title.''.
    (c) Adjustment and Assessment of Mitigation and Restoration 
Payments.--Section 3407(d)(2)(A) of the Central Valley Project 
Improvement Act is amended by inserting ``, or after October 1, 2013, 
$4 per megawatt-hour for Central Valley Project power sold to power 
contractors (October 2013 price levels)'' after ``$12 per acre-foot 
(October 1992 price levels) for municipal and industrial water sold and 
delivered by the Central Valley Project''.
    (d) Completion of Actions.--Section 3407(d)(2)(A) of the Central 
Valley Project Improvement Act is amended by inserting ``not later than 
December 31, 2025,'' after ``That upon the completion of the fish, 
wildlife, and habitat mitigation and restoration actions mandated under 
section 3406,''.
    (e) Report; Advisory Board.--Section 3407 of the Central Valley 
Project Improvement Act (106 Stat. 4714) is amended by adding at the 
end the following:
    ``(g) Report on Expenditure of Funds.--At the end of each fiscal 
year, the Secretary, in consultation with the Restoration Fund Advisory 
Board, shall submit to Congress a plan for the expenditure of all of 
the funds deposited into the Restoration Fund during the preceding 
fiscal year. Such plan shall contain a cost-effectiveness analysis of 
each expenditure.
    ``(h) Advisory Board.--
            ``(1) Establishment.--There is hereby established the 
        Restoration Fund Advisory Board (hereinafter in this section 
        referred to as the `Advisory Board') composed of 12 members 
        selected by the Secretary, each for four-year terms, one of 
        whom shall be designated by the Secretary as Chairman. The 
        members shall be selected so as to represent the various 
        Central Valley Project stakeholders, four of whom shall be from 
        CVP agricultural users, three from CVP municipal and industrial 
        users, three from CVP power contractors, and two at the 
        discretion of the Secretary. The Secretary and the Secretary of 
        Commerce may each designate a representative to act as an 
        observer of the Advisory Board.
            ``(2) Duties.--The duties of the Advisory Board are as 
        follows:
                    ``(A) To meet at least semiannually to develop and 
                make recommendations to the Secretary regarding 
                priorities and spending levels on projects and programs 
                carried out pursuant to the Central Valley Project 
                Improvement Act.
                    ``(B) To ensure that any advice or recommendation 
                made by the Advisory Board to the Secretary reflect the 
                independent judgment of the Advisory Board.
                    ``(C) Not later than December 31, 2021, and 
                annually thereafter, to transmit to the Secretary and 
                Congress recommendations required under subparagraph 
                (A).
                    ``(D) Not later than December 31, 2021, and 
                biennially thereafter, to transmit to Congress a report 
                that details the progress made in achieving the actions 
                mandated under section 3406.
            ``(3) Administration.--With the consent of the appropriate 
        agency head, the Advisory Board may use the facilities and 
        services of any Federal agency.''.

SEC. 2007. ADDITIONAL AUTHORITIES.

    (a) Authority for Certain Activities.--Section 3408 of the Central 
Valley Project Improvement Act (106 Stat. 4728) is amended--
            (1) by amending subdivision (c) to read as follows:
    ``(c) Additional Storage and Delivery of Water.--
            ``(1) In general.--Pursuant to Federal Reclamation laws and 
        this title, the Secretary is authorized to enter into contracts 
        or agreements with any Federal agency, California water user or 
        water agency, State agency, joint powers authority, or private 
        organization for the exchange, impoundment, storage, carriage, 
        and delivery of non-project water for domestic, municipal, 
        industrial, fish and wildlife, groundwater recharge or banking, 
        and any other beneficial purpose.
            ``(2) Limitation.--Nothing in this subsection shall be 
        deemed to supersede the provisions of section 103 of Public Law 
        99-546 (100 Stat. 3051).
            ``(3) Authority for certain activities.--The Secretary 
        shall use the authority granted by this subsection in 
        connection with requests to exchange, impound, store, carry, or 
        deliver non-project water using Central Valley Project 
        facilities for any beneficial purpose where such facilities are 
        not otherwise committed or required to fulfill project 
        purposes, including deliveries under existing contracts, or 
        other Federal obligations.
            ``(4) Rates.--The Secretary shall develop rates not to 
        exceed the amount required to recover the reasonable costs 
        incurred by the Secretary in connection with a beneficial 
        purpose under this subsection. Such rates shall be charged to a 
        party using Central Valley Project facilities for such purpose. 
        Such costs shall not include any donation or other payment to 
        the Restoration Fund.
            ``(5) Construction.--This subsection shall be construed and 
        implemented to facilitate and encourage the use of Central 
        Valley Project facilities to exchange, carry, or deliver non-
        project water for any beneficial purpose.''; and
            (2) by striking subsection (d) and redesignating 
        subsections (e) through (k) as subsections (d) through (j).
    (b) Reporting Requirements.--Section 3408(e) of the Central Valley 
Project Improvement Act (106 Stat. 4729) is amended--
            (1) by striking ``Interior and Insular Affairs and the 
        Committee on Merchant Marine and Fisheries'' and inserting 
        ``Natural Resources'';
            (2) in the second sentence, by inserting before the period 
        at the end the following: ``, including progress on the plan 
        required by subsection (i)''; and
            (3) by adding at the end the following: ``The filing and 
        adequacy of such report shall be personally certified to the 
        Committees referenced above by the Regional Director of the 
        Mid-Pacific Region of the Bureau of Reclamation.''.
    (c) Project Yield Increase.--Section 3408(i) of the Central Valley 
Project Improvement Act (106 Stat. 4730) is amended as follows:
            (1) By redesignating paragraphs (1) through (7) as 
        subparagraphs (A) through (G), respectively.
            (2) By striking ``In order to minimize adverse effects, if 
        any, upon'' and inserting ``(1) In general.--In order to 
        minimize adverse effects upon''.
            (3) By striking ``needs, the Secretary,'' and all that 
        follows through ``submit to the Congress, a'' and inserting 
        ``needs, the Secretary, on a priority basis and not later than 
        September 30, 2020, shall submit to Congress a''.
            (4) By striking ``increase,'' and all that follows through 
        ``options:'' and inserting ``increase, as soon as possible but 
        not later than September 30, 2023 (except for the construction 
        of new facilities which shall not be limited by that deadline), 
        the water of the Central Valley Project by the amount dedicated 
        and managed for fish and wildlife purposes under this title and 
        otherwise required to meet the purposes of the Central Valley 
        Project including satisfying contractual obligations. All costs 
        incurred in the development and implementation of the plan 
        required by this subsection shall not be reimbursable to the 
        United States and shall include recommendations on authorizing 
        legislation or other measures needed to implement the intent, 
        purposes, and provisions of this subsection and a description 
        of how the Secretary intends to use the following options:''.
            (5) In subparagraph (A), by inserting ``, including 
        construction of new water storage facilities'' before the 
        semicolon.
            (6) In subparagraph (F), by striking ``and'' at the end.
            (7) In subparagraph (G), by striking the period and all 
        that follows through the end of the subsection and inserting 
        ``; and''.
            (8) By inserting after subparagraph (G) the following:
                    ``(H) Water banking and recharge.''.
            (9) By adding at the end the following:
            ``(2) Implementation of plan.--The Secretary shall 
        implement the plan required by paragraph (1) commencing on 
        October 1, 2020.
            ``(3) Failure of the plan.--Notwithstanding any other 
        provision of Federal Reclamation laws, if by September 30, 
        2023, the plan required by paragraph (1) fails to increase the 
        annual delivery capability of the Central Valley Project by 
        800,000 acre-feet, implementation of any non-mandatory action 
        under section 3406(b)(2) shall be suspended until the plan 
        achieves an increase in the annual delivery capability of the 
        Central Valley Project by 800,000 acre-feet.''.
    (d) Technical Correction.--Section 3408(g) of the Central Valley 
Project Improvement Act (106 Stat. 4729) is amended--
            (1) in paragraph (1), by striking ``paragraph (h)(2)'' and 
        inserting ``paragraph (2)''; and
            (2) in paragraph (2), by striking ``paragraph (h)(i)'' and 
        inserting ``paragraph (1)''.

SEC. 2008. AMENDMENTS TO CENTRAL VALLEY PROJECT AUTHORIZATIONS.

    Section 2 of the Act of August 26, 1937 (chapter 832; 50 Stat. 
850), as amended, is further amended as follows:
            (1) In the last proviso of subsection (a)--
                    (A) by striking ``second, for irrigation and 
                domestic uses'' and inserting ``second, for irrigation, 
                domestic, and municipal and industrial uses;'';
                    (B) by striking ``and fish and wildlife mitigation, 
                protection and restoration purposes;'';
                    (C) by striking ``and, third,'' and inserting 
                ``third,'';
                    (D) by striking ``power and fish and wildlife 
                enhancement'' and inserting ``power generation;'';
                    (E) by inserting after ``power generation;'' 
                ``fourth, for purposes of mitigating impacts to fish 
                and wildlife caused by the construction, operation, or 
                maintenance of the Central Valley Project; and fifth, 
                for purposes of protecting, enhancing, or helping to 
                restore fish and wildlife.''; and
                    (F) by adding at the end the following: ``When 
                there is insufficient Central Valley Project yield to 
                meet all the demands for water deliveries from the 
                Central Valley Project, the Secretary shall apply these 
                priorities in making allocations of available water.''.
            (2) In subsection (b)(1), by striking the last sentence.

SEC. 2009. REGULATORY STREAMLINING.

    (a) Applicability of Certain Laws.--Filing of a Notice of 
Determination or a Notice of Exemption for any project, including the 
issuance of a permit under State law, related to any project of the 
Central Valley Project or the delivery of water therefrom in accordance 
with the California Environmental Quality Act shall be deemed to meet 
the requirements of section 102(2)(C) of the National Environmental 
Protection Act of 1969 (42 U.S.C. 4332(2)(C)) for that project or 
permit.
    (b) Continuation of Project.--The Bureau of Reclamation shall not 
be required to cease or modify any major Federal action or other 
activity related to any project of the Central Valley Project or the 
delivery of water therefrom pending completion of judicial review of 
any determination made under the National Environmental Protection Act 
of 1969 (42 U.S.C. 4332(2)(C)).
    (c) Project Defined.--For the purposes of this section, the term 
``project''--
            (1) means an activity that--
                    (A) is undertaken by a public agency, funded by a 
                public agency, or that requires an issuance of a permit 
                by a public agency;
                    (B) has a potential to result in physical change to 
                the environment; and
                    (C) may be subject to several discretionary 
                approvals by governmental agencies;
            (2) may include construction activities, clearing or 
        grading of land, improvements to existing structures, and 
        activities or equipment involving the issuance of a permit; or
            (3) qualifies as a project under the California 
        Environmental Quality Act as defined in section 21065 of the 
        California Public Resource Code.
    (d) Congressional Direction Regarding Central Valley Project and 
California State Water Project Operations.--Notwithstanding any other 
provision of law, complying with the Biological Opinion for 
Reinitiation of Consultation on the Coordinated Operations of the 
Central Valley Project and State Water Project, released by the United 
States Fish and Wildlife Service and the National Marine Fisheries 
Service on October 21, 2019, combined with efforts carried out pursuant 
to Public Law 102-575 and Public Law 114-322, fully meet all 
requirements of applicable Federal environmental laws, including the 
Endangered Species Act (16 U.S.C. 1531 et seq.) for the Central Valley 
Project and the State Water Project.

               Subtitle B--San Joaquin River Restoration

SEC. 2101. REPEAL OF THE SAN JOAQUIN RIVER SETTLEMENT.

    As of the date of the enactment of this title, the Secretary shall 
cease any action to implement the Stipulation of Settlement (Natural 
Resources Defense Council, et al. v. Kirk Rodgers, et al., Eastern 
District of California, No. Civ. S-88-1658 LKK/GGH).

SEC. 2102. PURPOSE.

    Section 10002 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11) is amended by striking ``implementation of the 
Settlement'' and inserting ``restoration of the San Joaquin River''.

SEC. 2103. DEFINITIONS.

    Section 10003 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) The term `Restoration Flows' means the additional 
        water released or bypassed from Friant Dam to insure that the 
        target flow entering Mendota Pool, located approximately 62 
        river miles downstream from Friant Dam, does not fall below 50 
        cubic feet per second.'';
            (2) by striking paragraph (3) and inserting the following:
            ``(3) The term `Water Year' means March 1 through the last 
        day of February of the following Calendar Year, both dates 
        inclusive.''; and
            (3) by adding at the end the following new paragraph:
            ``(4) The term `Critical Water Year' means when the total 
        unimpaired runoff at Friant Dam is less than 400,000 acre-feet, 
        as forecasted as of March 1 of that water year by the 
        California Department of Water Resources.''.

SEC. 2104. IMPLEMENTATION OF RESTORATION.

    Section 10004 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``authorized and directed'' and all that 
                follows through ``in the Settlement:'' and inserting 
                ``authorized to carry out the following:'';
                    (B) by striking paragraphs (1), (2), (4), and (5);
                    (C) in paragraph (3)--
                            (i) by striking ``(3)'' and inserting 
                        ``(1)''; and
                            (ii) by striking ``paragraph 13 of the 
                        Settlement'' and inserting ``this part''; and
                    (D) by adding at the end the following new 
                paragraphs:
            ``(2) In each Water Year, commencing in the Water Year 
        starting on March 1, 2021--
                    ``(A) shall modify Friant Dam operations so as to 
                release the Restoration Flows for that Water Year, 
                except in any Critical Water Year;
                    ``(B) shall ensure that the release of Restoration 
                Flows are maintained at the level prescribed by this 
                part, but that Restoration Flows do not reach 
                downstream of Mendota Pool;
                    ``(C) shall release the Restoration Flows in a 
                manner that improves the fishery in the San Joaquin 
                River below Friant Dam, but upstream of Gravelly Ford 
                in existence as of the date of the enactment of this 
                part, and the associated riparian habitat; and
                    ``(D) may, without limiting the actions required 
                under paragraphs (A) and (C) and subject to subsections 
                10004(a)(3) and 10004(l), use the Restoration Flows to 
                enhance or restore a warm water fishery downstream of 
                Gravelly Ford to and including Mendota Pool, if the 
                Secretary determines that it is reasonable, prudent, 
                and feasible to do so.
            ``(3) Not later than 1 year after the date of the enactment 
        of this section, the Secretary shall develop and implement, in 
        cooperation with the State of California, a reasonable plan, to 
        fully recirculate, recapture, reuse, exchange, or transfer all 
        Restoration Flows and provide such recirculated, recaptured, 
        reused, exchanged, or transferred flows to those contractors 
        within the Friant Division, Hidden Unit, and Buchanan Unit of 
        the Central Valley Project that relinquished the Restoration 
        Flows so recirculated, recaptured, reused, exchanged, or 
        transferred. Such a plan shall address any impact on ground 
        water resources within the service area of the Friant Division, 
        Hidden Unit, and Buchanan Unit of the Central Valley Project 
        and mitigation may include ground water banking and recharge 
        projects. Such a plan shall not impact the water supply or 
        water rights of any entity outside the Friant Division, Hidden 
        Unit, and Buchanan Unit of the Central Valley Project. Such a 
        plan shall be subject to applicable provisions of California 
        water law and the Secretary's use of Central Valley Project 
        facilities to make Project water (other than water released 
        from Friant Dam pursuant to this part) and water acquired 
        through transfers available to existing south-of-Delta Central 
        Valley Project contractors.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``the 
                Settlement'' and inserting ``this part''; and
                    (B) in paragraph (2), by striking ``the 
                Settlement'' and inserting ``this part'';
            (3) in subsection (c), by striking ``the Settlement'' and 
        inserting ``this part'';
            (4) by striking subsection (d) and inserting the following:
    ``(d) Mitigation of Impacts.--Prior to October 1, 2020, the 
Secretary shall identify--
            ``(1) the impacts associated with the release of 
        Restoration Flows prescribed in this part;
            ``(2) the measures which shall be implemented to mitigate 
        impacts on adjacent and downstream water users, landowners and 
        agencies as a result of Restoration Flows prescribed in this 
        part; and
            ``(3) prior to the implementation of decisions or 
        agreements to construct, improve, operate, or maintain 
        facilities that the Secretary determines are needed to 
        implement this part, the Secretary shall implement all 
        mitigations measures identified in subsection (d)(2) before 
        Restoration Flows are commenced.'';
            (5) in subsection (e), by striking ``the Settlement'' and 
        inserting ``this part'';
            (6) in subsection (f), by striking ``the Settlement'' and 
        all that follows through ``section 10011'' and insert ``this 
        part'';
            (7) in subsection (g)--
                    (A) by striking ``the Settlement and'' before this 
                part; and
                    (B) by striking ``or exchange contract'' and 
                inserting ``exchange contract, or water rights 
                settlement or holding contracts'';
            (8) in subsection (h)--
                    (A) by striking ``Interim'' in the header;
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``Interim Flows under the 
                        Settlement'' and inserting ``Restoration Flows 
                        under this part'';
                            (ii) in subparagraph (C)--
                                    (I) in clause (i), by striking 
                                ``Interim'' and inserting 
                                ``Restoration''; and
                                    (II) in clause (ii), by inserting 
                                ``and'' after the semicolon;
                            (iii) in subparagraph (D), by striking 
                        ``and'' at the end; and
                            (iv) by striking subparagraph (E);
                    (C) in paragraph (2)--
                            (i) by striking ``Interim'' and inserting 
                        ``Restoration'';
                            (ii) by striking subparagraph (A); and
                            (iii) by striking ``(B) exceed'' and 
                        inserting ``exceed'';
                    (D) in paragraph (3), by striking ``Interim'' and 
                inserting ``Restoration''; and
                    (E) by striking paragraph (4) and inserting the 
                following:
            ``(4) Claims.--Not later than 60 days after the date of the 
        enactment of this Act the Secretary shall promulgate a rule 
        establishing a claims process to address current and future 
        claims including, but not limited to, ground water seepage, 
        flooding, or levee instability damages caused as a result of, 
        arising out of, or related to implementation of subtitle A of 
        title X of Public Law 111-11.'';
            (9) in subsection (i)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``the Settlement and parts I 
                        and III'' and inserting ``this part'';
                            (ii) in subparagraph (A), by inserting 
                        ``and'' after the semicolon;
                            (iii) in subparagraph (B)--
                                    (I) by striking ``additional 
                                amounts authorized to be appropriated, 
                                including the''; and
                                    (II) by striking ``; and'' and 
                                inserting a period; and
                            (iv) by striking subparagraph (C); and
                    (B) by striking paragraph (3); and
            (10) by adding at the end the following new subsections:
    ``(k) No Impacts on Other Interests.--No Central Valley Project or 
other water other than San Joaquin River water impounded by or bypassed 
from Friant Dam shall be used to implement subsection (a)(2) unless 
such use is on a voluntary basis. No cost associated with the 
implementation of this section shall be imposed directly or indirectly 
on any Central Valley Project contractor, or any other person or 
entity, outside the Friant Division, the Hidden Unit, or the Buchanan 
Unit, unless such costs are incurred on a voluntary basis. The 
implementation of this part shall not result directly or indirectly in 
any reduction in water supplies to or water reliability for any Central 
Valley Project contractor, any State Water Project contractor, or any 
other person or entity, outside the Friant Division, the Hidden Unit, 
or the Buchanan Unit, unless such reductions or costs are incurred on a 
voluntary basis.
    ``(l) Priority.--All actions taken under this part shall be 
subordinate to the Secretary's use of Central Valley Project facilities 
to make Project water available to Project contractors, other than 
water released from the Friant Dam pursuant to this part.
    ``(m) In General.--Notwithstanding section 8 of the Reclamation Act 
of 1902, except as expressly provided in this part, including title II 
of this Act, this part preempts and supersedes any State law, 
regulation, or requirement that imposes more restrictive requirements 
or regulations on the activities authorized under this part. Nothing in 
this part shall alter or modify the obligations, if any, of the Friant 
Division, Hidden Unit, and Buchanan Unit of the Central Valley Project, 
or other water users on the San Joaquin River or its tributaries, under 
orders issued by the State Water Resources Control Board pursuant to 
the Porter-Cologne Water Quality Control Act (California Water Code 
sections 13000 et seq.). Any such order shall be consistent with the 
congressional authorization for any affected Federal facility as it 
pertains to the Central Valley Project.
    ``(n) Project Implementation.--Projects to implement this title 
shall be phased such that each project shall follow the sequencing 
identified below and include at least the--
            ``(1) project purpose and need;
            ``(2) identification of mitigation measures;
            ``(3) appropriate environmental review; and
            ``(4) prior to releasing Restoration Flows under this part, 
        the Secretary shall--
                    ``(A) complete the implementation of mitigation 
                measures required; and
                    ``(B) complete implementation of the project.''.

SEC. 2105. DISPOSAL OF PROPERTY; TITLE TO FACILITIES.

    Section 10005 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11) is amended--
            (1) in subsection (a), by striking ``the Settlement 
        authorized by this part'' and inserting ``this part'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``(1) In general.--The 
                        Secretary''; and
                            (ii) by striking ``the Settlement 
                        authorized by this part'' and inserting ``this 
                        part''; and
                    (B) by striking paragraph (2); and
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``the 
                Settlement'' and inserting ``this part'';
                    (B) in paragraph (2)--
                            (i) by striking ``through the exercise of 
                        its eminent domain authority''; and
                            (ii) by striking ``the Settlement'' and 
                        inserting ``this part''; and
                    (C) in paragraph (3), by striking ``section 
                10009(c)'' and inserting ``section 10009''.

SEC. 2106. COMPLIANCE WITH APPLICABLE LAW.

    Section 10006 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``unless 
                otherwise provided by this part'' before the period at 
                the end; and
                    (B) in paragraph (2), by striking ``the 
                Settlement'' and inserting ``this part'';
            (2) in subsection (b), by inserting ``, unless otherwise 
        provided by this part'' before the period at the end;
            (3) in subsection (c)--
                    (A) in paragraph (2), by striking ``section 10004'' 
                and inserting ``this part''; and
                    (B) in paragraph (3), by striking ``the 
                Settlement'' and inserting ``this part''; and
            (4) in subsection (d)--
                    (A) by inserting ``, including without limitation 
                to sections 10004(d) and 10004(h)(4) of this part,'' 
                after ``implementing this part''; and
                    (B) by striking ``for implementation of the 
                Settlement''.

SEC. 2107. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT.

    Section 10007 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``the Settlement'' and inserting 
                ``enactment of this part''; and
                    (B) by inserting: ``and the obligations of the 
                Secretary and all other parties to protect and keep in 
                good condition any fish that may be planted or exist 
                below Friant Dam including any obligations under 
                section 5937 of the California Fish and Game Code and 
                the public trust doctrine, and those of the Secretary 
                and all other parties under the Endangered Species Act 
                of 1973 (16 U.S.C. 1531 et seq.).'' before ``, 
                provided''; and
            (2) in paragraph (1), by striking ``, as provided in the 
        Settlement''.

SEC. 2108. NO PRIVATE RIGHT OF ACTION.

    Section 10008(a) of the San Joaquin River Restoration Settlement 
Act (Public Law 111-11) is amended--
            (1) by striking ``not a party to the Settlement'' after 
        ``person or entity''; and
            (2) by striking ``or the Settlement'' before the period and 
        inserting ``unless otherwise provided by this part. Any Central 
        Valley Project long-term water service or repayment contractor 
        within the Friant Division, Hidden Unit, or Buchanan Unit 
        adversely affected by the Secretary's failure to comply with 
        section 10004(a)(3) of this part may bring an action against 
        the Secretary for injunctive relief or damages, or both.''.

SEC. 2109. IMPLEMENTATION.

    Section 10009 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11) is amended--
            (1) in the header by striking ``; settlement fund'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``the Settlement'' the 
                        first place it appears and inserting ``this 
                        part'';
                            (ii) by striking ``, estimated to total'' 
                        and all that follows through ``subsection 
                        (b)(1),''; and
                            (iii) by striking ``provided however,'' and 
                        all that follows through ``$110,000,000 of 
                        State funds'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``(A) 
                        In general.--The Secretary'' and inserting 
                        ``The Secretary''; and
                            (ii) by striking subparagraph (B); and
                    (C) in paragraph (3)--
                            (i) by striking ``Except as provided in the 
                        Settlement, to'' and inserting ``To''; and
                            (ii) by striking ``this Settlement'' and 
                        inserting ``this part'';
            (3) in subsection (b)(1)--
                    (A) by striking ``In addition'' through ``however, 
                that the'' and inserting ``The'';
                    (B) by striking ``such additional appropriations 
                only in amounts equal to''; and
                    (C) by striking ``or the Settlement'' before the 
                period;
            (4) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``the Settlement'' and 
                        inserting ``this part'';
                            (ii) in subparagraph (C), by striking 
                        ``from the sale of water pursuant to the 
                        Settlement, or''; and
                            (iii) in subparagraph (D), by striking 
                        ``the Settlement'' and inserting ``this part'';
                    (B) in paragraph (2), by striking ``the Settlement 
                and'' before ``this part''; and
            (5) by striking subsections (d) through (f).

SEC. 2110. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF 
              CONSTRUCTION COSTS.

    Section 10010 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3)(D), by striking ``the 
                Settlement and'' before ``this part''; and
                    (B) in paragraph (4)(C), by striking ``the 
                Settlement and'' before ``this part'';
            (2) in subsection (c), by striking paragraph (3);
            (3) in subsection (d)(1), by striking ``the Settlement'' in 
        both places it appears and inserting ``this part'';
            (4) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) by striking ``Interim Flows or 
                        Restoration Flows, pursuant to paragraphs 13 or 
                        15 of the Settlement'' and inserting 
                        ``Restoration Flows, pursuant to this part'';
                            (ii) by striking ``Interim Flows or'' 
                        before ``Restoration Flows''; and
                            (iii) by striking ``the Interim Flows or 
                        Restoration Flows or is intended to otherwise 
                        facilitate the Water Management Goal, as 
                        described in the Settlement'' and inserting 
                        ``Restoration Flows''; and
                    (B) in paragraph (2)--
                            (i) by striking ``except as provided in 
                        paragraph 16(b) of the Settlement'' after 
                        ``Friant Division long-term contractor''; and
                            (ii) by striking ``the Interim Flows or 
                        Restoration Flows or to facilitate the Water 
                        Management Goal'' and inserting ``Restoration 
                        Flows''.

SEC. 2111. REPEAL.

    Section 10011 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11) is repealed.

SEC. 2112. WATER SUPPLY MITIGATION.

    Section 10202(b) of the San Joaquin River Restoration Settlement 
Act (Public Law 111-11) is amended--
            (1) in paragraph (1), by striking ``the Interim or 
        Restoration Flows authorized in part I of this subtitle'' and 
        inserting ``Restoration Flows authorized in this part'';
            (2) in paragraph (2), by striking ``the Interim or 
        Restoration Flows authorized in part I of this subtitle'' and 
        inserting ``Restoration Flows authorized in this part''; and
            (3) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``meet the 
                Restoration Goal as described in part I of this 
                subtitle'' and inserting ``recover Restoration Flows as 
                described in this part''; and
                    (B) in subparagraph (C)--
                            (i) by striking ``the Interim or 
                        Restoration Flows authorized in part I of this 
                        subtitle'' and inserting ``Restoration Flows 
                        authorized in this part''; and
                            (ii) by striking ``, and for ensuring 
                        appropriate adjustment in the recovered water 
                        account pursuant to section 10004(a)(5)''.

SEC. 2113. ADDITIONAL AUTHORITIES.

    Section 10203 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11) is amended--
            (1) in subsection (b)--
                    (A) by striking ``section 10004(a)(4)'' and 
                inserting ``section 10004(a)(3)''; and
                    (B) by striking ``, provided'' and all that follows 
                through ``section 10009(f)(2)''; and
            (2) by striking subsection (c).

SEC. 2114. PROTECTIONS.

    Section 4005 of Public Law 114-322, as amended by this Act, shall 
apply to this title.''

TITLE III--REPURPOSING ASSETS TO INCREASE LONG-TERM WATER AVAILABILITY 
                             AND YIELD ACT

SEC. 3001. TREATMENT OF CERTAIN FUNDS DEDICATED FOR HIGH-SPEED RAIL 
              DEVELOPMENT IN THE STATE OF CALIFORNIA.

    (a) Treatment of Funds.--Notwithstanding any other law, the covered 
funds described in subsection (b) shall be immediately deposited as 
follows:
            (1) Ninety percent of funds in the Reclamation Water 
        Storage Account which shall be made available to the Secretary 
        of the Interior for water storage projects authorized pursuant 
        to section 4007 of the Water Infrastructure Improvements for 
        the Nation Act (Public Law 114-322) (43 U.S.C. 390b note).
            (2) Five percent of funds in the Rural Water and Waste 
        Disposal Program Account which shall be made available to the 
        Secretary of Agriculture for grants under section 306F of the 
        Consolidated Farm and Rural Development Act.
            (3) Five percent of funds in the Rural Water and Waste 
        Disposal Program Account which shall be made available to the 
        Secretary of Agriculture for grants under section 306G of the 
        Consolidated Farm and Rural Development Act.
    (b) Covered Funds.--The covered funds are the following:
            (1) The Federal funds received by the Department of 
        Transportation as a result of the Department of 
        Transportation's termination and de-obligation of Cooperative 
        Agreement No. FR-HSR-0118-12-01-01 between the Federal Railroad 
        Administration and the California High-Speed Rail Authority, 
        notwithstanding the Omnibus Appropriations Act, 2010 (Public 
        Law 111-117).
            (2) The Federal funds that are recovered by the Department 
        of Transportation relating to Cooperative Agreement No. FR-HSR-
        0009-10-01-06 between the Federal Railroad Administration and 
        the California High-Speed Rail Authority, notwithstanding the 
        American Recovery and Reinvestment Act of 2009 (Public Law 111-
        5).
            (3) Any funds determined to be offsets by the Federal 
        Railroad Administration or the Department of Transportation, 
        consistent with Cooperative Agreement No. FRA-HSR-0009-10-01-
        06.
    (c) Cost Share for Water Storage Projects.--Funds made available 
pursuant this Act shall not count toward the cost-share provisions of 
section 4007 of the Water Infrastructure Improvements for the Nation 
Act.

SEC. 3002. NITRATE CONTAMINATION REDUCTION GRANTS.

    (a) In General.--Subtitle A of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1922-1936c) is amended by inserting after 
section 306E the following:

``SEC. 306F. NITRATE CONTAMINATION REDUCTION GRANTS.

    ``(a) In General.--The Secretary shall provide grants in accordance 
with this section to public or private nonprofit entities for projects 
designed to reduce the level of nitrates in, or remove nitrates from, 
drinking water in a rural community where the level of nitrates in 
drinking water exceeds applicable Federal or State standards.
    ``(b) Use of Funds.--Grants made under this section may be used--
            ``(1) for waterline extensions from existing systems, 
        laying of new waterlines, repairs or maintenance to an existing 
        system, digging of new wells or development of other sources of 
        water designed to replace sources of drinking water with high 
        levels of nitrates, equipment replacement, and hook-up fees; 
        and
            ``(2) in the case of a project designed to benefit a rural 
        community outside the jurisdiction of the grantee, to maintain 
        existing water supplies of the grantee that will be reduced as 
        a result of the project.
    ``(c) Rural Community.--In this section, the term `rural community' 
does not include--
            ``(1) any area in any city or town with a population in 
        excess of 10,000 inhabitants according to the most recent 
        decennial census of the United States; or
            ``(2) any area with a median household income in excess of 
        the State nonmetropolitan median household income.
    ``(d) Full Funding.--Grants under this section shall be made in an 
amount equal to 100 percent of the costs of the projects conducted 
under this section.
    ``(e) Application.--Subsection (h) of section 306A shall apply with 
respect to the administration of applications for grants under this 
section.''.
    (b) Repeal.--Effective 5 years after the date of the enactment of 
this Act, section 306F of the Consolidated Farm and Rural Development 
Act, as added by the amendment made by subsection (a), is repealed.

SEC. 3003. NEW WELL CONSTRUCTION GRANTS.

    (a) In General.--Subtitle A of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1922-1936c) is further amended by inserting 
after section 306F the following:

``SEC. 306G. NEW WELL CONSTRUCTION GRANTS.

    ``(a) In General.--The Secretary shall provide grants in accordance 
with this section to public or private nonprofit entities for projects 
designed to supply drinking water to rural communities in which a 
significant number of dwellings with private drinking water wells have 
wells that are not producing water.
    ``(b) Use of Funds.--Grants made under this section may be used--
            ``(1) for waterline extensions from existing systems, 
        laying of new waterlines, repairs or maintenance to an existing 
        system, digging of new wells or development of other sources of 
        water designed to replace sources of drinking water with high 
        levels of nitrates, equipment replacement, and hook-up fees; 
        and
            ``(2) in the case of a project designed to benefit a rural 
        community outside the jurisdiction of the grantee, to maintain 
        existing water supplies of the grantee that will be reduced as 
        a result of the project.
    ``(c) Rural Community.--In this section, the term `rural community' 
does not include--
            ``(1) any area in any city or town with a population in 
        excess of 10,000 inhabitants according to the most recent 
        decennial census of the United States; or
            ``(2) any area with a median household income in excess of 
        the State nonmetropolitan median household income.
    ``(d) Full Funding.--Grants under this section shall be made in an 
amount equal to 100 percent of the costs of the projects conducted 
under this section.
    ``(e) Application.--Subsection (h) of section 306A shall apply with 
respect to the administration of applications for grants under this 
section.''.
    (b) Repeal.--Effective 5 years after the date of the enactment of 
this Act, section 306G of the Consolidated Farm and Rural Development 
Act, as added by the amendment made by subsection (a), is repealed.

                       TITLE IV--HETCH HETCHY DAM

SEC. 4001. HETCH HETCHY RENTAL FEE UPDATE.

    Section 7 of the Act of December 13, 1913 (38 Stat. 242), is 
amended--
            (1) by striking ``pay the sum of $30,000'' and all that 
        follows in the first sentence and inserting ``pay an amount 
        determined annually by the Secretary in accordance with the 
        formula used by the Federal Energy Regulatory Commission for 
        application to licenses of hydroelectric projects under the 
        Federal Power Act (16 U.S.C. 791 et seq.), provided that, in no 
        event shall such amount be less than $597,000.00. Said amount 
        to be paid on the first day of July of each year.''; and
            (2) by amending the second and third sentences to read as 
        follows: ``These funds shall be placed in a separate fund by 
        the United States and, notwithstanding any other provision of 
        law, shall not be available for obligation or expenditure until 
        appropriated by Congress. The highest priority use of the funds 
        shall be for annual operation of Yosemite National Park, with 
        the remainder of any funds to be used to fund operations of 
        other national parks in the State of California.''.

   TITLE V--BUREAU OF RECLAMATION AND BUREAU OF INDIAN AFFAIRS WATER 
                        PROJECT STREAMLINING ACT

SEC. 5001. 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 ``environmental review 
                process'' means the process of preparing an 
                environmental impact statement, environmental 
                assessment, categorical exclusion, or other document 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for a project study.
                    (B) Inclusions.--The term ``environmental 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 Federal agency with 
        jurisdiction delegated by law, regulation, order, or otherwise 
        over a review, analysis, opinion, statement, permit, license, 
        or other approval or decision required for a project study 
        under applicable Federal laws (including regulations).
            (4) Federal lead agency.--The term ``Federal lead agency'' 
        means the Bureau of Reclamation or Bureau of Indian Affairs.
            (5) Project.--The term ``project'' means--
                    (A) a surface water project, a project under the 
                purview of title XVI of Public Law 102-575, a rural 
                water supply project investigated under Public Law 109-
                451, or a Federal portion of an integrated water 
                resource management plan that has been subject to a 
                review under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) and is to be carried out, 
                funded or operated in whole or in party by the 
                Secretary pursuant to the Act of June 17, 1902 (32 
                Stat. 388, chapter 1093), and Acts supplemental to and 
                amendatory of that Act (43 U.S.C. 371 et seq.); or
                    (B) Indian irrigation projects in the western 
                United States that, on the date of the enactment of 
                this Act, are owned by the Federal Government, as 
                listed in the Federal inventory required by Executive 
                Order 13327 (40 U.S.C. 121 note; relating to Federal 
                real property asset management).
            (6) Project sponsor.--The term ``project sponsor'' means a 
        State, regional, Tribal, 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 
        Bureau of Reclamation or the Bureau of Indian Affairs or that 
        would be integrated into a larger system owned, operated or 
        administered in whole or in part by the Bureau of Reclamation 
        or the Bureau of Indian Affairs.

SEC. 5002. ACCELERATION OF STUDIES.

    (a) In General.--To the extent practicable, a project study 
initiated by the Secretary, after the date of the enactment of this 
Act, shall--
            (1) result in the completion of a final feasibility report 
        not later than 3 years after the date of initiation;
            (2) have a maximum Federal cost of $3,000,000; and
            (3) ensure that personnel from the local project area, 
        region, and headquarters levels of the Bureau of Reclamation or 
        the Bureau of Indian Affairs concurrently conduct the review 
        required under that section.
    (b) Extension.--If the Secretary determines that a project study 
described in subsection (a) will not be conducted in accordance with 
subsection (a), the Secretary, not later than 30 days after the date of 
making the determination, 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 Resources of the Senate as to the reasons 
        the requirements of subsection (a) are not attainable.
    (c) Exception.--
            (1) In general.--Notwithstanding the requirements of 
        subsection (a), the Secretary may extend 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 requirements of subsection (a), the 
        Secretary shall consider--
                    (A) the type, size, location, scope, and overall 
                cost of the project;
                    (B) whether the project will use any innovative 
                design or construction techniques;
                    (C) whether the project will require significant 
                action by other Federal, State, or local agencies;
                    (D) whether there is significant public dispute as 
                to the nature or effects of the project; and
                    (E) whether there is significant public dispute 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 Committee on Natural Resources of 
        the House of Representatives and the Committees on Energy and 
        Natural Resources and Indian Affairs of the Senate as to the 
        results of that determination, including an identification of 
        the specific one or more factors used in making the 
        determination that the project is complex.
            (4) Limitation.--The Secretary shall not extend 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 authorized.
    (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 process for 
        completing federally mandated reviews that the Secretary is 
        required to complete as part of the study, including the 
        environmental review process under section 5;
            (2) convene a meeting of all Federal, Tribal, and State 
        agencies identified under section 5(d) that may--
                    (A) have jurisdiction over the project;
                    (B) be required by law to conduct or issue a 
                review, analysis, opinion, or statement for the project 
                study; or
                    (C) be required to make a determination on issuing 
                a permit, license, or other approval or decision for 
                the project study; and
            (3) take all steps necessary to provide information that 
        will enable required reviews and analyses related to the 
        project to be conducted by other agencies in a thorough and 
        timely manner.
    (e) Interim Report.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Natural Resources of the House of Representatives and the Committees on 
Energy and Natural Resources and Indian Affairs of the Senate and make 
publicly available a report that describes--
            (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, including 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 authority necessary 
        to support efforts to expedite the project.
    (f) Final Report.--Not later than 4 years after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Natural Resources of the House of Representatives and the Committees on 
Energy and Natural Resources and Indian Affairs of the Senate and make 
publicly available a report that describes--
            (1) the status of the implementation of this section, 
        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 authority 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. 5003. EXPEDITED COMPLETION OF REPORTS.

    The Secretary shall--
            (1) expedite the completion of any ongoing project study 
        initiated before the date of the 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. 5004. PROJECT ACCELERATION.

    (a) Applicability.--
            (1) In general.--This section shall apply to--
                    (A) each project study that is initiated after the 
                date of the 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 the enactment of this Act and for which an 
                environmental review process document is prepared under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); and
                    (C) any project study for the development of a non-
                federally owned and operated surface water storage 
                project for which the Secretary determines there is a 
                demonstrable Federal interest and the project--
                            (i) is located in a river basin where other 
                        Bureau of Reclamation or the Bureau of Indian 
                        Affairs water projects are located;
                            (ii) will create additional water supplies 
                        that support Bureau of Reclamation or the 
                        Bureau of Indian Affairs water projects; or
                            (iii) will become integrated into the 
                        operation of Bureau of Reclamation or the 
                        Bureau of Indian Affairs water projects.
            (2) Flexibility.--Any authority granted under this section 
        may be exercised, and any requirement established under this 
        section may be satisfied, for the conduct of an environmental 
        review process for a project study, a class of project studies, 
        or a program of project studies.
            (3) List of project studies.--
                    (A) In general.--The Secretary shall annually 
                prepare, and make publicly available, a list of all 
                project studies that the Secretary has determined--
                            (i) meet the standards described in 
                        paragraph (1); and
                            (ii) do not have adequate funding to make 
                        substantial progress toward the completion of 
                        the project study.
                    (B) Inclusions.--The Secretary shall include 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 decision 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 completed not later than the 
        date on which the Secretary, in consultation and concurrence 
        with the agencies identified under section 5(d), establishes 
        with respect to the project study.
    (c) Lead Agencies.--
            (1) Joint lead agencies.--
                    (A) In general.--Subject to the requirements 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 
                regulations), including the concurrence of the proposed 
                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 Secretary, 
                        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 
                        Environmental 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 guidance 
                                in the preparation process and 
                                independently evaluates that document;
                                    (II) the project sponsor complies 
                                with all requirements applicable to the 
                                Secretary under--
                                            (aa) the National 
                                        Environmental Policy Act of 
                                        1969 (42 U.S.C. 4321 et seq.);
                                            (bb) any regulation 
                                        implementing that Act; and
                                            (cc) any other applicable 
                                        Federal law; and
                                    (III) the Secretary approves and 
                                adopts the document before the 
                                Secretary takes any subsequent action 
                                or makes any approval based on that 
                                document, regardless of whether the 
                                action or approval of the Secretary 
                                results in Federal funding.
            (2) Duties.--The Secretary shall ensure that--
                    (A) the project sponsor complies with all design 
                and mitigation commitments made jointly by the 
                Secretary and the project sponsor in any environmental 
                document prepared by the project sponsor in accordance 
                with this subsection; and
                    (B) any environmental document prepared by the 
                project sponsor is appropriately supplemented 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 
        related 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 regulations).
            (4) Roles and responsibility of lead agency.--With respect 
        to the environmental review process for any project study, the 
        Federal lead agency shall have authority and responsibility--
                    (A) to take such actions as are necessary and 
                proper and within the authority of the Federal 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 environmental 
                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 agencies.--With 
        respect to carrying out the environmental review process for a 
        project study, the Secretary 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 Secretary 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 review, 
                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 agency shall 
                invite, as early as practicable in the environmental 
                review process, any agency identified under paragraph 
                (1) to become a participating or cooperating agency, as 
                applicable, in the environmental review process for the 
                project study.
                    (B) Deadline.--An invitation to participate 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 the enactment 
        of this Act), shall govern the identification and the 
        participation of a cooperating agency.
            (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 
        unless 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 relevant to 
                the project; or
                    (iii) does not have adequate funds to participate 
                in the project; and
                    (B) does not intend to submit comments on the 
                project.
            (6) Administration.--A participating or cooperating 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 expertise 
                with respect to evaluation of, the project.
            (8) Concurrent reviews.--Each participating or cooperating 
        agency shall--
                    (A) carry out the obligations of that agency 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 
                carrying out those obligations; and
                    (B) formulate and implement administrative, policy, 
                and procedural mechanisms to enable the agency to 
                ensure completion of the environmental review process 
                in a timely, coordinated, and environmentally 
                responsible manner.
    (e) Non-Federal Projects Intergrated 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 Bureau of 
Reclamation or the Bureau of Indian Affairs.
    (f) Non-Federal Project.--If the Secretary determines 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 approaches to carry out the 
        environmental review process 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 coordinating 
                with participating and cooperating agencies, 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 paragraph (1), the 
        Secretary shall--
                    (A) as the first step in drafting guidance under 
                that paragraph, consult with relevant Federal, State, 
                and local governmental agencies, Indian Tribes, and the 
                public on the appropriate use and scope of the 
                programmatic approaches;
                    (B) emphasize the importance of collaboration among 
                relevant Federal, State, and local governmental 
                agencies, and Indian Tribes in undertaking programmatic 
                reviews, especially with respect to including reviews 
                with a broad geographical scope;
                    (C) ensure that the programmatic reviews--
                            (i) promote transparency, including of the 
                        analyses and data used in the environmental 
                        review process, the treatment of any deferred 
                        issues raised by Federal, State, and local 
                        governmental agencies, Indian Tribes, or the 
                        public, and the temporal and special scales to 
                        be used to analyze those issues;
                            (ii) use accurate and timely information 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 
                                programmatic 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 cooperating 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 practicable 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 participating and cooperating agency and 
                        the project sponsor or joint lead agency, as 
                        applicable, shall establish, as part of the 
                        coordination plan established in subparagraph 
                        (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 
                                participating 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 
                                complexity of the project;
                                    (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 established 
                                under clause (i) for good cause; and
                                    (II) shorten a schedule only with 
                                concurrence of the affected 
                                participating and cooperating agencies 
                                and the project sponsor or joint lead 
                                agency, 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:
                    (A) Draft environmental impact statements.--For 
                comments by Federal and State agencies and the public 
                on a draft environmental impact statement, a period of 
                not more than 60 days after publication in the Federal 
                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 
                        cooperating 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 established 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, 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 
                        cooperating 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 Committee on 
        Natural Resources of the House of Representatives and the 
        Committees on Energy and Natural Resources and Indian Affairs 
        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 agency to make the decision; 
                and
                    (B) every 60 days thereafter until such date as all 
                decisions of the Federal agency relating to the project 
                study have been made by the Federal agency, an 
                additional notice that describes the number of 
                decisions of the Federal 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 regulations).
            (5) Transparency reporting.--
                    (A) Reporting requirements.--Not later than 1 year 
                after the date of the enactment of this Act, the 
                Secretary shall establish and maintain an electronic 
                database and, in coordination with other Federal and 
                State agencies, issue reporting requirements to make 
                publicly available the status and progress with respect 
                to compliance with applicable requirements of the 
                National 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 applicable.
                    (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, Tribal, or local 
                decision, action, or approval required under applicable 
                laws for each project study for which this section is 
                applicable.
    (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 responsibilities.--
                    (A) In general.--The Federal lead agency shall make 
                information available to the cooperating agencies and 
                participating agencies as early as practicable in the 
                environmental review process regarding the 
                environmental and socioeconomic resources located 
                within the project area and the general locations of 
                the alternatives under consideration.
                    (B) Data sources.--The information under 
                subparagraph (A) may be based on existing data sources, 
                including geographic information systems mapping.
            (3) Cooperating and participating agency 
        responsibilities.--Based on information received from the 
        Federal lead agency, cooperating and participating agencies 
        shall identify, as early as practicable, 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 participating and cooperating agencies and the 
                project sponsor or joint lead agency, as applicable, to 
                resolve issues that may--
                            (i) delay completion of the environmental 
                        review process; or
                            (ii) result in denial of any approval 
                        required for the project study under applicable 
                        laws.
                    (B) Meeting date.--A meeting requested under this 
                paragraph shall be held not later than 21 days after 
                the date on which the Secretary receives the request 
                for the meeting, unless the Secretary determines that 
                there is good cause to extend that deadline.
                    (C) Notification.--On receipt of a request for a 
                meeting under this paragraph, the Secretary shall 
                notify all relevant participating and cooperating 
                agencies of the request, including 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 meeting under this paragraph and a 
                determination is made by the Secretary that all 
                information necessary to resolve the issue has been 
                obtained, the Secretary shall forward the dispute to 
                the heads of the relevant agencies for resolution.
                    (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 subparagraph (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 existing 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, 
                                license, statement, opinion, or other 
                                approval by the date described in 
                                clause (ii), the amount of funds made 
                                available 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 available 
                                to the division of the Federal 
                                jurisdictional agency charged with 
                                rendering the decision by not later 
                                than 1 day after the applicable date 
                                under clause (ii), and once each week 
                                thereafter until a final decision is 
                                rendered, subject to subparagraph (C).
                                    (II) Amount to be transferred.--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 statement; or
                                            (bb) $10,000 for any 
                                        project study requiring any 
                                        type of review under the 
                                        National Environmental Policy 
                                        Act of 1969 (42 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 
                                Environmental 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 percent of the funds made 
                        available for the applicable agency office.
                            (ii) Failure to decide.--The total amount 
                        transferred in a fiscal year as a result 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 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, including 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 fiscal year.
                    (D) Notification of transfers.--Not later than 10 
                days after the last date in a fiscal year on which 
                funds of the Federal jurisdictional agency may be 
                transferred under subparagraph (B)(5) with respect to 
                an individual decision, the agency shall submit to the 
                appropriate committees of the House of Representatives 
                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 subparagraph (A) 
                        notifies, with a supporting explanation, the 
                        Federal lead agency, cooperating agencies, and 
                        project sponsor, as applicable, 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;
                                    (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 
                                financial resources to complete the 
                                review under the scheduled timeframe, 
                                including a description of the number 
                                of full-time employees required to 
                                complete the review, the amount of 
                                funding required to complete the 
                                review, and a justification as to why 
                                not enough funding is available to 
                                complete the review by the deadline.
                            (ii) Lack of financial resources.--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 
                                in subclause (I) is completed, submit 
                                to the Committee on Natural Resources 
                                of the House of Representatives 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 Coordination.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) the Secretary and other Federal agencies with 
                relevant jurisdiction in the environmental 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 duplication of effort later in the process, 
                prevent potential conflicts, and ensure that planning 
                and project development decisions reflect environmental 
                values; and
                    (B) the cooperation referred to in subparagraph (A) 
                should include the development of policies and the 
                designation of staff that advise planning agencies and 
                project sponsors of studies 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 Secretary and other Federal 
        agencies with relevant jurisdiction in the environmental review 
        process, shall, to the maximum extent practicable and 
        appropriate, as determined by the agencies, provide technical 
        assistance 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 sponsor, 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 coordination activities, including 
        providing technical assistance in identifying potential impacts 
        and mitigation 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 governmental 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 unless the claim is filed not later 
                than 3 years after publication of a notice in the 
                Federal Register 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 subsection 
                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 satisfies the requirements 
                for a supplemental environmental impact statement under 
                title 40, Code of Federal Regulations (including 
                successor regulations).
                    (B) Separate action.--The preparation of a 
                supplemental environmental impact statement or other 
                environmental document, if required under this section, 
                shall be considered a separate final agency action and 
                the deadline for filing a claim for judicial review of 
                the action shall be 3 years after the date of 
                publication of a notice in the Federal Register 
                announcing the action relating to such supplemental 
                environmental impact statement or other environmental 
                document.
    (m) Categorical Exclusions.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall--
                    (A) survey the use by the Bureau of Reclamation and 
                the Bureau of Indian Affairs of categorical exclusions 
                in projects since 2005;
                    (B) publish a review of the survey that includes a 
                description of--
                            (i) the types of actions that were 
                        categorically excluded or could be the basis 
                        for developing a new categorical exclusion; and
                            (ii) any requests previously received by 
                        the Secretary for new categorical exclusions; 
                        and
                    (C) solicit requests from other Federal agencies 
                and project sponsors for new categorical exclusions.
            (2) New categorical exclusions.--Not later than 1 year 
        after the date of the enactment of this Act, if the Secretary 
        has identified a category of activities that merit establishing 
        a categorical exclusion that did not exist on the day before 
        the date of the enactment of this Act based on the review under 
        paragraph (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 Regulations (or successor regulation).
    (n) Review of Project Acceleration Reforms.--
            (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 the enactment of this Act, 
                submit to the Committee on Natural Resources of the 
                House of Representatives and the Committees on Energy 
                and Natural Resources and Indian Affairs of the Senate 
                a report that describes the results of the assessment.
            (2) Contents.--The reports under paragraph (1) shall 
        include an evaluation of impacts of the reforms 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 planning and environmental review process.
    (p) Categorical Exclusions in Emergencies.--For the repair, 
reconstruction, or rehabilitation of a Bureau of Reclamation or Bureau 
of Indian Affairs project that is in operation or under construction 
when damaged by an event or incident that results in a declaration by 
the President of a major disaster or emergency pursuant to the Robert 
T. Stafford Disaster Relief and Emergency Assistance 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 requirements relating to environmental assessments or 
environmental impact statements under section 1508.4 of title 40, Code 
of Federal Regulations (or successor regulations), 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 or 
        Bureau of Indian Affairs project as before the declaration 
        described in this section; and
            (2) commenced within a 2-year period beginning on the date 
        of a declaration described in this subsection.

SEC. 5005. ANNUAL REPORT TO CONGRESS.

    (a) In General.--Not later than February 1 of each year, the 
Secretary shall develop and submit to the Committee on Natural 
Resources of the House of Representatives and the Committees on Energy 
and Natural Resources and Indian Affairs of the Senate an annual 
report, to be entitled ``Report 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 proposed 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 
                authorization.
            (4) Expedited completion of report and determinations.--Any 
        project study that was expedited and any Secretarial 
        determinations under section 4 of this Act.
    (b) Requests for Proposals.--
            (1) Publication.--Not later than May 1 of each year, the 
        Secretary shall publish in the Federal 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 subsection 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 Register 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 Secretary shall--
                    (A) make the notice publicly available, including 
                on the internet; and
                    (B) provide written notification of the publication 
                to the Committee on Natural Resources of the House of 
                Representatives and the Committees on Energy and 
                Natural Resources and Indian Affairs of the Senate.
    (c) Contents.--
            (1) Project reports, proposed project studies, and proposed 
        modifications.--
                    (A) Criteria for inclusion in report.--The 
                Secretary shall include in the annual 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 
                        authorities of the Bureau of Reclamation or the 
                        Bureau of Indian Affairs;
                            (ii) require specific congressional 
                        authorization, including by an Act of Congress;
                            (iii) have not been congressionally 
                        authorized;
                            (iv) have not been included in any previous 
                        annual report; and
                            (v) if authorized, could be carried out by 
                        the Bureau of Reclamation or the Bureau of 
                        Indian Affairs.
                    (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 modification to an 
                        authorized water resources development project 
                        or project study included in the annual report, 
                        the benefits, as described in clause (ii), of 
                        each such study or proposed modification.
                            (ii) Benefits.--The benefits (or expected 
                        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) domestic irrigated water and 
                                power supplies;
                                    (III) the national economy;
                                    (IV) the environment; or
                                    (V) the national security interests 
                                of the United States.
                    (C) Identification of other factors.--The Secretary 
                shall identify in the annual report, to the extent 
                practicable--
                            (i) for each proposed project study 
                        included in the annual report, the non-Federal 
                        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 report, whether 
                        the non-Federal interest has demonstrated--
                                    (I) that local support exists for 
                                the proposed project study or proposed 
                                modification to an authorized project 
                                or project study (including the surface 
                                water storage development project that 
                                is the subject of the proposed 
                                feasibility study or the proposed 
                                modification to an authorized project 
                                study); and
                                    (II) the financial ability to 
                                provide the required non-Federal cost 
                                share.
            (2) Transparency.--The Secretary shall include 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-Federal 
                interest, including the name of any non-Federal 
                interest that has contributed, or is expected to 
                contribute, a non-Federal share of the cost of--
                            (i) the project report;
                            (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 proposed 
                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 modification to a 
                project or project study;
                    (D) an estimate, to the extent practicable, of the 
                Federal, non-Federal, and total costs of--
                            (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 include in the 
        annual report a certification stating 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 included 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 
        inclusion under such paragraph.
    (d) Special Rule for Initial Annual Report.--Notwithstanding any 
other deadlines required by this section, the Secretary shall--
            (1) not later than 60 days after the date of the enactment 
        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 proposals to be considered for inclusion in the first 
        annual report developed by the Secretary under this section.
    (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. 5006. APPLICABILITY OF THE WIIN ACT.

    Sections 3221 through 3226, 4007 and 4009 of the WIIN Act (Public 
Law 114-322) shall not apply to any project (as defined in section 2 of 
this Act).

           TITLE VI--WATER SUPPLY PERMITTING COORDINATION ACT

SEC. 6001. DEFINITIONS.

    In this title:
            (1) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (2) Cooperating agencies.--The term ``cooperating agency'' 
        means a Federal agency with jurisdiction over a review, 
        analysis, opinion, statement, permit, license, or other 
        approval or decision required for a qualifying project under 
        applicable Federal laws and regulations, or a State agency 
        subject to section 3(c).
            (3) Qualifying projects.--The term ``qualifying 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 administered 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. Such term shall also 
        include State-led 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 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, 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. 6002. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES.

    (a) Establishment of Lead Agency.--The Bureau is established as the 
lead agency for purposes of coordinating all reviews, analyses, 
opinions, statements, permits, licenses, or other approvals or 
decisions required under Federal law to construct qualifying projects.
    (b) Identification and Establishment of Cooperating Agencies.--The 
Commissioner of the Bureau shall--
            (1) identify, as early as practicable upon receipt of an 
        application for a qualifying project, any Federal agency that 
        may have jurisdiction over a review, analysis, opinion, 
        statement, permit, license, approval, 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 relevant 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 respect to such 
                project in a manner other than in cooperation with the 
                Bureau.
    (c) State Authority.--A State in which a qualifying 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 Act all State 
        agencies that--
                    (A) have jurisdiction over the qualifying project;
                    (B) are required to conduct or issue a review, 
                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. 6003. BUREAU RESPONSIBILITIES.

    (a) In General.--The principal responsibilities of the Bureau under 
this Act are--
            (1) to serve as the point of contact for applicants, State 
        agencies, Indian Tribes, and others regarding proposed 
        qualifying projects;
            (2) to coordinate preparation of unified environmental 
        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:
            (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 prospective applicants, relevant Federal and State 
        agencies, and Indian Tribes--
                    (A) to explain applicable processes, data 
                requirements, and applicant submissions necessary to 
                complete the required Federal agency reviews within the 
                timeframe established; and
                    (B) to establish the schedule for the qualifying 
                project.
            (2) Consultation with cooperating agencies.--Consult with 
        the cooperating agencies throughout the Federal agency review 
        process, identify 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 establish 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 cooperating 
                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 historic 
                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 agencies with authority to issue 
        approvals for a given qualifying project shall base project 
        approval decisions. Help ensure that cooperating agencies make 
        necessary decisions, within their respective authorities, 
        regarding Federal approvals in accordance with the following 
        timelines:
                    (A) Not later than 1 year after acceptance of a 
                completed project application when an environmental 
                assessment and finding of no significant impact is 
                determined to be the appropriate level of review under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                    (B) Not later than 1 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 environmental 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 
        decisions.
            (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 
        qualifying 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 
        responsibilities under section 5.

SEC. 6004. COOPERATING AGENCY RESPONSIBILITIES.

    (a) Adherence to Bureau Schedule.--
            (1) Timeframes.--On notification of an application for a 
        qualifying project, the head of each cooperating agency shall 
        submit to the Bureau a timeframe under which the cooperating 
        agency reasonably will be able to complete the authorizing 
        responsibilities of the cooperating agency.
            (2) Schedule.--
                    (A) Use of timeframes.--The Bureau shall use the 
                timeframes submitted under this subsection to establish 
                the project schedule under section 4.
                    (B) Adherence.--Each cooperating agency shall 
                adhere to the project schedule established by the 
                Bureau under subparagraph (A).
    (b) Environmental Record.--The head of each cooperating agency 
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 under subsection (a)(2).
    (c) Data Submission.--To the extent practicable and consistent with 
Federal law, the head of each cooperating agency shall submit all 
relevant project data to the Bureau in a generally accessible 
electronic format, subject to the project schedule established by the 
Bureau under subsection (a)(2).

SEC. 6005. 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 expedite the evaluation of a permit of that entity related to a 
qualifying project.
    (b) Effect on Permitting.--
            (1) Evaluation of permits.--In carrying out this section, 
        the Secretary shall ensure that the evaluation of permits 
        carried out using funds accepted under this section shall--
                    (A) be reviewed by the Regional Director of the 
                Bureau of the region in which the qualifying project or 
                activity is located (or a designee); and
                    (B) use the same procedures for decisions that 
                would otherwise be required for the evaluation of 
                permits for similar projects or activities not carried 
                out using funds authorized under this section.
            (2) Impartial decision making.--In carrying out this 
        section, the Secretary and the head of each cooperating agency 
        receiving funds under this section for a qualifying project 
        shall ensure that the use of the funds accepted under this 
        section for the qualifying project shall not--
                    (A) substantively or procedurally impact impartial 
                decision making with respect to the issuance of 
                permits; or
                    (B) diminish, modify, or otherwise affect the 
                statutory or regulatory authorities of the cooperating 
                agency.
    (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 (b)(1)(A).
    (d) Public Availability.--The Secretary shall ensure that all final 
permit decisions carried out using funds authorized under this section 
are made available to the public, including on the internet.

           TITLE VII--FEDERALLY INTEGRATED SPECIES HEALTH ACT

SEC. 7001. TRANSFER OF FUNCTIONS WITH RESPECT TO ANADROMOUS SPECIES AND 
              CATADROMOUS SPECIES.

    (a) Transfer of Functions.--All functions with respect to 
anadromous species and catadromous species under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.) that were vested in the Secretary 
of Commerce or the National Marine Fisheries Service immediately before 
the enactment of this Act are transferred to the Secretary of the 
Interior.
    (b) Conforming Amendments.--The Endangered Species Act of 1973 is 
amended--
            (1) in section 3(15) (16 U.S.C. 1532(15))--
                    (A) by inserting ``(A)'' after ``(15)''; and
                    (B) by adding at the end the following:
                    ``(B) Notwithstanding subparagraph (A), with 
                respect to anadromous species and catadromous species, 
                the term `Secretary' means the Secretary of the 
                Interior.''; and
            (2) in section 3 (16 U.S.C. 1532) by adding at the end the 
        following:
            ``(22) The term `anadromous species' means a species of 
        fish that spawn in fresh or estuarine waters and that migrate 
        to ocean waters.
            ``(23) The term `catadromous species' means a species of 
        fish that spawn in ocean waters and migrate to fresh waters.''.

SEC. 7002. MISCELLANEOUS PROVISIONS.

    (a) References.--Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to a department or office from which a function is 
transferred by this Act--
            (1) to the head of such department or office is deemed to 
        refer to the Secretary of the Interior; or
            (2) to such department or office is deemed to refer to the 
        Department of the Interior.
    (b) Exercise of Authorities.--Except as otherwise provided by law, 
the Secretary of the Interior may, for purposes of performing the 
functions transferred by this Act, exercise all authorities under the 
Endangered Species Act of 1973 that were available with respect to the 
performance of that function immediately before the effective date of 
the transfer of the function under this Act.
    (c) Savings Provisions.--
            (1) Legal documents.--All orders, determinations, rules, 
        regulations, permits, grants, loans, contracts, agreements, 
        certificates, licenses, and privileges--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the Secretary of 
                Commerce, any officer or employee of the Department of 
                Commerce, or any other Government official in the 
                performance of any function that is transferred by this 
                Act, or by a court of competent jurisdiction with 
                respect to such performance; and
                    (B) that are in effect on the effective date of 
                this Act (or become effective after such date pursuant 
                to their terms as in effect on such effective date),
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law by the President, any other authorized 
        official, a court of competent jurisdiction, or operation of 
        law.
            (2) Proceedings.--
                    (A) In general.--This Act shall not affect any 
                proceedings or any application for any benefits, 
                service, license, permit, certificate, or financial 
                assistance pending on the date of the enactment of this 
                Act before an office transferred by this Act. Such 
                proceedings and applications shall be continued. Orders 
                shall be issued in such proceedings, appeals shall be 
                taken therefrom, and payments shall be made pursuant to 
                such orders, as if this Act had not been enacted, and 
                orders issued in any such proceeding shall continue in 
                effect until modified, terminated, superseded, or 
                revoked by a duly authorized official, by a court of 
                competent jurisdiction, or by operation of law.
                    (B) Limitation.--Nothing in this paragraph shall be 
                considered to prohibit the discontinuance or 
                modification of any such proceeding under the same 
                terms and conditions and to the same extent that such 
                proceeding could have been discontinued or modified if 
                this Act had not been enacted.
            (3) Suits.--This Act shall not affect suits commenced 
        before the date of the enactment of this Act, and in all such 
        suits, proceeding shall be had, appeals taken, and judgments 
        rendered in the same manner and with the same effect as if this 
        Act had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Department of Commerce 
        or the Secretary of Commerce, or by or against any individual 
        in the official capacity of such individual as an officer or 
        employee of the Department of Commerce, shall abate by reason 
        of the enactment of this Act.
            (5) Continuance of suits.--If any Government officer in the 
        official capacity of such officer is party to a suit with 
        respect to a function of the officer, and under this Act such 
        function is transferred to any other officer or office, then 
        such suit shall be continued with the other officer or the head 
        of such other office, as applicable, substituted or added as a 
        party.
            (6) Administrative procedure and judicial review.--Except 
        as otherwise provided by this Act, any statutory requirements 
        relating to notice, hearings, action upon the record, or 
        administrative or judicial review that apply to any function 
        transferred by this Act shall apply to the exercise of such 
        function by the head of the Federal agency, and other officers 
        of the agency, to which such function is transferred by this 
        Act.

SEC. 7003. DEFINITIONS.

    In this title:
            (1) Anadromous species and catadromous species.--Each of 
        the terms ``anadromous species'' and ``catadromous species'' 
        has the meaning that term has under section 3 of the Endangered 
        Species Act of 1973, as amended by section 3 of this title.
            (2) Function.--The term ``function'' includes any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (3) Office.--The term ``office'' includes any office, 
        administration, agency, bureau, institute, council, unit, 
        organizational entity, or component thereof.

         TITLE VIII--AQUIFER RECHARGE FLEXIBILITY PILOT PROGRAM

SEC. 8001. DEFINITIONS.

    In this title:
            (1) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Reclamation.
            (3) Eligible land.--The term ``eligible land'', with 
        respect to a Reclamation project, means land that--
                    (A) is authorized to receive water under State law; 
                and
                    (B) shares an aquifer with land located in the 
                service area of the Reclamation project.
            (4) Net water storage benefit.--The term ``net water 
        storage benefit'' means an increase in the volume of water that 
        is--
                    (A) stored in one or more aquifers; and
                    (B)(i) available for use within the authorized 
                service area of a Reclamation project; or
                    (ii) stored on a long-term basis to avoid or reduce 
                groundwater overdraft.
            (5) Reclamation facility.--The term ``Reclamation 
        facility'' means each of the infrastructure assets that are 
        owned by the Bureau at a Reclamation project.
            (6) Reclamation project.--The term ``Reclamation project'' 
        means any reclamation or irrigation project, including 
        incidental features thereof, authorized by Federal reclamation 
        law or the Act of August 11, 1939 (commonly known as the 
        ``Water Conservation and Utilization Act'') (53 Stat. 1418, 
        chapter 717; 16 U.S.C. 590y et seq.), or constructed by the 
        United States pursuant to such law, or in connection with which 
        there is a repayment or water service contract executed by the 
        United States pursuant to such law, or any project constructed 
        by the Secretary through the Bureau for the reclamation of 
        land.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 8002. USE OF BUREAU FACILITIES.

            (1) In general.--The Commissioner may allow the use of 
        excess capacity in Reclamation facilities for aquifer recharge 
        of non-Reclamation project water, subject to applicable rates, 
        charges, and public participation requirements, on the 
        condition that--
                    (A) the use--
                            (i) shall not be implemented in a manner 
                        that is detrimental to--
                                    (I) any power service or water 
                                contract for the Reclamation project; 
                                or
                                    (II) any obligations for fish, 
                                wildlife, or water quality protection 
                                applicable to the Reclamation project;
                            (ii) shall be consistent with water quality 
                        guidelines for the Reclamation project;
                            (iii) shall comply with all applicable--
                                    (I) Federal laws; and
                                    (II) policies of the Bureau; and
                    (B) the non-Federal party to an existing contract 
                for water or water capacity in a Reclamation facility 
                consents to the use of the Reclamation facility under 
                this subsection.
            (2) Effect on existing contracts.--Nothing in this 
        subsection affects a contract--
                    (A) in effect on the date of the enactment of this 
                title; and
                    (B) under which the use of excess capacity in a 
                Bureau conveyance facility for carriage of non-
                Reclamation project water for aquifer recharge is 
                allowed.

SEC. 8003. AQUIFER RECHARGE ON ELIGIBLE LAND.

            (1) In general.--Subject to paragraphs (3) and (4), the 
        Secretary may contract with a holder of a water service or 
        repayment contract for a Reclamation project to allow the 
        contractor, in accordance with applicable State laws and 
        policies--
                    (A) to directly use water available under the 
                contract for aquifer recharge on eligible land; or
                    (B) to enter into an agreement with an individual 
                or entity to transfer water available under the 
                contract for aquifer recharge on eligible land.
            (2) Authorized project use.--The use of a Reclamation 
        facility for aquifer recharge under paragraph (1) shall be 
        considered an authorized use for the Reclamation project if 
        requested by a holder of a water service or repayment contract 
        for the Reclamation facility.
            (3) Modifications to contracts.--The Secretary may contract 
        with a holder of a water service or repayment contract for a 
        Reclamation project under paragraph (1) if the Secretary 
        determines that a new contract or contract amendment described 
        in that paragraph is--
                    (A) necessary to allow for the use of water 
                available under the contract for aquifer recharge under 
                this subsection;
                    (B) in the best interest of the Reclamation project 
                and the United States; and
                    (C) approved by the contractor that is responsible 
                for repaying the cost of construction, operations, and 
                maintenance of the facility that delivers the water 
                under the contract.
            (4) Requirements.--The use of Reclamation facilities for 
        the use or transfer of water for aquifer recharge under this 
        subsection shall be subject to the requirements that--
                    (A) the use or transfer shall not be implemented in 
                a manner that materially impacts any power service or 
                water contract for the Reclamation project; and
                    (B) before the use or transfer, the Secretary shall 
                determine that the use or transfer--
                            (i) results in a net water storage benefit 
                        for the Reclamation project; or
                            (ii) contributes to the recharge of an 
                        aquifer on eligible land; and
                    (C) the use or transfer complies with all 
                applicable--
                            (i) Federal laws and policies; and
                            (ii) interstate water compacts.

SEC. 8004. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Secretary should encourage the use of public land 
        administered by the Bureau of Land Management for aquifer 
        recharge, where appropriate, consistent with--
                    (A) the existing grant of right-of-way;
                    (B) as applicable, the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701 et seq.); and
                    (C) applicable land and resource management plans; 
                and
            (2) the Secretary should consider whether aquifer recharge 
        may be appropriate in certain areas of critical environmental 
        concern, if aquifer recharge--
                    (A) would enhance the values for which the area of 
                critical environmental concern has been designated; and
                    (B) is consistent with the management requirements 
                for the area of critical environmental concern.

SEC. 8005. CONVEYANCE FOR AQUIFER RECHARGE PURPOSES.

    The holder of a right-of-way, easement, permit, or other 
authorization to transport water across public land administered by the 
Bureau of Land Management may transport water for aquifer recharge 
purposes, including outside of the regular period of use, without 
requiring additional authorization from the Secretary where the use 
does not expand or modify the operation of the right-of-way, easement, 
permit, or other authorization across public land.

SEC. 8006. REPORT.

    No later than 18 months after the enactment of this law, the 
Secretary of the Interior shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committees on Energy 
and Natural Resources of the Senate a report that describes the status 
of the pilot; and describes obstacles, if any, to implementing the 
pilot.

SEC. 8007. EFFECT.

    Nothing in this Act--
            (1) creates, impairs, alters, or supersedes a Federal or 
        State water right; or
            (2) alters or supersedes State sovereignty and authority 
        regarding State water rights and the use of water.

SEC. 8008. EXEMPTION.

    This title shall not apply to the State of California.

           TITLE IX--BIG SAND WASH PROJECT TITLE TRANSFER ACT

SEC. 9001. DEFINITIONS.

    In this title:
            (1) Acquired lands.--The term ``Acquired Lands'' means 
        those lands that were acquired by the Central Utah Water 
        Conservancy District with Federal and District funds for the 
        purpose of water storage and conveyance in the Big Sand Wash 
        Facilities.
            (2) Association.--The term ``Association'' means the Moon 
        Lake Water Users Association, an association of 8 irrigation 
        companies in Utah.
            (3) Big sand wash facilities.--The term ``Big Sand Wash 
        Facilities''--
                    (A) means the following features that are part of 
                the Uinta Basin Replacement Project authorized by the 
                Central Utah Project Completion Act (Public Law 102-
                575)--
                            (i) the Big Sand Wash Dam, including the 
                        enlarged reservoir and outlet works;
                            (ii) the Feeder Pipeline;
                            (iii) the Feeder Diversion;
                            (iv) the Roosevelt Pipeline; and
                            (v) the Big Sand Wash Facilities; and
                    (B) does not include--
                            (i) the Moon Lake Dam and Reservoir; and
                            (ii) the modified outlet works.
            (4) District.--The term ``District'' means the Central Utah 
        Water Conservancy District, a political subdivision of the 
        State of Utah with certain responsibilities for the 
        implementation of the Central Utah Project Completion Act.
            (5) Duchesne county.--The term ``Duchesne County'' means 
        the Duchesne County Water Conservancy District in Duchesne 
        County, Utah.
            (6) Federal lands.--The term ``Federal Lands'' means 
        parcels of federally owned lands and easements acquired for the 
        expansion of the Big Sand Wash Facilities, and includes those 
        original, Association lands deeded to the United States in 
        November 2001 as a permanent easement for the conveyance and 
        storage of water and the right of ingress and egress.
            (7) Feeder diversion.--The term ``Feeder Diversion'' means 
        the diversion structure and appurtenances constructed in the 
        Lake Fork River to divert water into the Big Sand Wash Project, 
        and includes the property acquired by easement for the 
        diversion structure and rights of egress and ingress to the 
        property.
            (8) Feeder pipeline.--The term ``Feeder Pipeline'' means 
        the pipeline and appurtenances constructed from the Feeder 
        Diversion to the Big Sand Wash Reservoir, and includes the 
        property acquired by easement for the pipeline.
            (9) Roosevelt pipeline.--The term ``Roosevelt Pipeline'' 
        means the pipeline and appurtenances constructed to deliver 
        project and non-project water from the Big Sand Wash Facilities 
        for the Association and Duchesne County, and includes the 
        property acquired by easement for the pipeline.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or a designee of the Secretary.
            (11) Uinta basin replacement project.--The term ``Uinta 
        Basin Replacement Project'' applies to the project that was 
        authorized by the Central Utah Project Completion Act to 
        enlarge the Big Sand Wash Dam and Reservoir, construct the 
        Feeder Diversion, construct the Feeder Pipeline, construct the 
        Roosevelt Pipeline, modify the Moon Lake outlet works, develop 
        mitigation lands, and develop other facilities as required to 
        complete project purposes.

SEC. 9002. CONVEYANCE OF FACILITIES AND LAND.

    (a) In General.--Subject to subsection (b) and in consideration of 
the District assuming from the United States all liability for 
administration, operation, and maintenance of the Big Sand Wash 
Facilities, the Secretary shall convey to the District all right, 
title, and interest of the United States in and to the Acquired Lands, 
the Federal Lands, and the Big Sand Wash Facilities in existence on the 
date of the enactment of this Title.
    (b) Conditions.--The conveyance under subsection (a) shall not be 
completed until all of the following occur:
            (1) The District pays to the Secretary the net present 
        value of the remaining repayment obligations identified in the 
        Water Service Contract, Supplement No. 2, Contract No. 14-06-
        400-4286 and Block Notice Number UBRP1, as determined by Office 
        of Management and Budget Circular A-129 (in effect on the date 
        of the enactment of this title). Such prepayment shall not 
        affect the contract to deliver water between the District and 
        Duchesne County and shall remedy all outstanding issues 
        relating to the District's expenditure of Federal funds for 
        land acquisition.
            (2) The Association, the District, and Duchesne County 
        enter into an agreement, only as mutually deemed necessary by 
        the Parties, reflecting as much as possible the existing 
        operating agreement, Agreement No. 01-07-40-R7020 dated 
        November 15, 2001, that provides for the future operation of 
        and delivery of water from the Big Sand Wash Facilities.
            (3) The Association and the District enter into an 
        agreement to convey Acquired Lands, Federal Lands, the Feeder 
        Diversion, and the Feeder Pipeline to the Association.
            (4) The Association and the District enter into an 
        agreement that ensures the minimum stream flow requirements 
        contained in the Final Environmental Assessment, section 
        203(a), Uinta Basin Replacement Project, dated October 2001.
            (5) The District and the United States enter into an 
        agreement that ensures the minimum stream flow requirements 
        contained in the Final Environmental Assessment, section 
        203(a), Uinta Basin Replacement Project, dated October 2001.
            (6) The District enters into an agreement to convey 
        Acquired Lands and Federal Lands to the Utah Department of 
        Transportation.
            (7) The District enters into an agreement to convey the 
        Roosevelt Pipeline to Duchesne County.
    (c) Prepayment Authority.--The District is hereby granted authority 
to prepay, at net present value as determined by Office of Management 
and Budget Circular A-129 (as in effect on the date of the enactment of 
this title), all irrigation block notices associated with the 
Bonneville Unit of the Central Utah Project.
    (d) Payment of Costs.--The District shall pay any necessary and 
reasonable administrative and real estate transfer costs incurred by 
the Secretary in carrying out the conveyance authorized by subsection 
(a).
    (e) Compliance With Environmental Laws.--
            (1) In general.--Before conveying land and facilities under 
        subsection (a), the Secretary shall comply with all applicable 
        requirements under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) any other law applicable to the land and 
                facilities.
            (2) Effect.--Nothing in this title modifies or alters any 
        obligations under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); or
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).

SEC. 9003. RELATIONSHIP TO UINTA BASIN REPLACEMENT PROJECT.

    After the conveyance authorized under section 3(a), the United 
States shall not be liable for damages arising out of any act, 
omission, or occurrence relating to the Big Sand Wash Facilities, 
Acquired Lands, and Federal Lands, except for damages caused by acts of 
negligence committed by the United States or by any employee or agent 
of the United States before the date of the conveyance, consistent with 
chapter 171 of title 28, United States Code.

SEC. 9004. REPORT.

    If the conveyance authorized by section 3(a) is not completed by 
the date that is 12 months after the date of the enactment of this 
Title, the Secretary shall submit to Congress a report that--
            (1) describes the status of the conveyance;
            (2) describes any obstacles to completing the conveyance; 
        and
            (3) specifies an anticipated date for completion of the 
        conveyance.

       TITLE X--KENNEWICK IRRIGATION DISTRICT TITLE TRANSFER ACT

SEC. 10001. DEFINITIONS.

    In this title:
            (1) Agreement.--The term ``Agreement'' means the agreement 
        required under section 2(a).
            (2) District.--The term ``District'' means the Kennewick 
        Irrigation District, located in Benton County, Washington, 
        which operates and maintains a portion of the Kennewick 
        Division of the Yakima Project constructed by the United States 
        to enable the Kennewick Irrigation District to carry out 
        authorized purposes pursuant to the Act of June 12, 1948 (62 
        Stat. 382).
            (3) District's head gate.--The term ``District's head 
        gate'' means the point of diversion for the Kennewick 
        Irrigation District, identified as the KID Main Canal Headworks 
        at the following location: KID Main Canal Headworks, 200 feet 
        east and 1100 feet north, more or less, from the southwest 
        corner of section 16, being within the northwest \1/4\ of the 
        southwest \1/4\ of the southwest \1/4\ of section 16, T. 9 N., 
        26 E.W.M.
            (4) Division.--The term ``Division'' means the Kennewick 
        Division, including the Transferred Works.
            (5) Transferred works.--The term ``Transferred Works'' 
        means the canals, laterals, and appurtenant works and lands, 
        which begin at the District's head gate and extends 
        approximately 40 miles east to the Columbia River built to 
        serve the place of use of the 20,201 acres of currently 
        irrigated irrigable lands entitled to delivery of water within 
        the Kennewick Irrigation District.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 10002. AGREEMENT, CONVEYANCE, REPORT.

    (a) Agreement.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary, acting through the Bureau of 
Reclamation, shall enter into an agreement with the District to 
determine the legal, institutional, and financial terms related to the 
conveyance of the Transferred Works. The Agreement shall be completed 
after the requirements in section 5(a) are satisfied. This Agreement 
shall be in accordance with and subject to Memorandum of Agreement No: 
R18MA13703 between the District and the Bureau of Reclamation.
    (b) Conveyance.--Subject to valid leases, permits, rights-of-way, 
easements, and other existing rights and in accordance the terms and 
conditions set forth in the Agreement and this Act, the Secretary shall 
convey to the District all right, title, and interest of the United 
States in and to the Transferred Works.
    (c) Report.--If the conveyance authorized by subsection (b) is not 
completed within 2 years after the date of the enactment of this Act, 
the Secretary shall submit to Congress a report that--
            (1) describes the status of the conveyance;
            (2) describes any obstacles to completing the conveyance; 
        and
            (3) specifies an anticipated date for completion of the 
        conveyance.

SEC. 10003. LIABILITY.

    (a) Damages.--Except as otherwise provided by law and for damages 
caused by acts of negligence committed by the United States or by its 
employees or agents, effective upon the date of the conveyance 
authorized by section 2, the United States shall not be held liable by 
any court for damages of any kind arising out of any act, omission, or 
occurrence relating to the Transferred Works.
    (b) Torts Claims.--Nothing in this section increases the liability 
of the United States beyond that provided in chapter 171 of title 28, 
United States Code (popularly known as the ``Federal Tort Claims 
Act'').

SEC. 10004. BENEFITS.

    (a) Status of Land.--After conveyance of the Transferred Works 
under this Act, the Transferred Works shall not be considered to be a 
part of a Federal reclamation project.
    (b) Benefits if Entire Division Conveyed.--If the entire Division 
is conveyed out of Federal ownership, the District shall not be 
eligible to receive any benefits, including project power, with respect 
to the conveyed Division, except benefits that would be available to a 
similarly situated entity with respect to property that is not part of 
a Federal reclamation project.

SEC. 10005. COMPLIANCE WITH OTHER LAWS.

    (a) Compliance With Environmental and Historic Preservation Laws.--
Before making the conveyance authorized by this Act, the Secretary 
shall complete all actions required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.), subtitle III of title 54, United 
States Code, and all other applicable laws.
    (b) Compliance by the District.--After conveyance of the 
Transferred Works under this Act, the District shall comply with all 
applicable Federal, State, and local laws and regulations in its 
operation of the Transferred Works.
    (c) Applicable Authority.--All provisions of Federal Reclamation 
law (the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts 
supplemental to and amendatory of that Act) shall continue to be 
applicable to project water provided to the District.

SEC. 10006. PAYMENT.

    (a) Administrative Costs.--Except as provided in subsection (b), 
administrative costs for conveyance of the Transferred Works under this 
Act shall be paid in equal shares by the Secretary and the District.
    (b) Real Estate Transfer Cost.--Costs of all boundary surveys, 
title searches, cadastral surveys, appraisals, and other real estate 
transactions required for the conveyance of the Transferred Works shall 
be paid by the District.
    (c) Costs of Compliance With Other Laws.--Costs associated with any 
review required under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), subtitle III of title 54, United States Code, and all 
other applicable laws for conveyance of the Transferred Works shall be 
paid in equal shares by the Secretary and the District.

SEC. 10007. MISCELLANEOUS.

    (a) Applicability of Other Law.--Section 1212 of Public Law 103-434 
shall apply to and be incorporated into this Act.
    (b) Statutory Construction.--Nothing in this Act shall or shall be 
construed for any purpose--
            (1) to transfer, affect, reduce, modify, or impair the 
        water rights of any person;
            (2) to affect, reduce, modify, or impair the United States 
        authority to regulate and manage water in the Yakima Basin, 
        including water diverted into the Chandler Power Canal and 
        Prosser Dam through and including the Kennewick Irrigation 
        District's head gate;
            (3) to change how water is diverted at Prosser Dam and 
        delivered to the Kennewick Irrigation District through the 
        Chandler pumps through the District's head gate; and
            (4) to affect, reduce, modify, or impair the United States 
        control, management, and ownership of the ``Reserved works'' as 
        defined in the United States Bureau of Reclamation and 
        Kennewick Irrigation District Amendatory Repayment Contract 
        (1953) (Contract No. 14-06-W-56) as amended, at pp. 2-3, which 
        Reserved works include but are not limited to Prosser Dam, the 
        Chandler Power Canal and hydroelectric and pumping plant, all 
        Yakima Project facilities, and the siphon under the Yakima 
        River to the District's head gate.

SEC. 10008. LIMITATIONS.

    After completing the requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary of the 
Interior shall convey title, if the Secretary affirms in writing to the 
House Committee on Natural Resources and the Senate Committee on Energy 
and Natural Resources that the following criteria have been met:
            (1) The Kennewick Irrigation District agrees to accept 
        title to the property proposed for transfer.
            (2) The proposed title transfer will not have an 
        unmitigated negative effect on the environment.
            (3) The transfer is consistent with the Secretary's 
        responsibility to protect land and water resources held in 
        trust for federally recognized Indian Tribes.
            (4) The transfer is consistent with the Secretary's 
        responsibility to ensure compliance with international treaties 
        and interstate compacts.
            (5) The Kennewick Irrigation District agrees to provide, as 
        consideration for the assets to be conveyed, compensation to 
        the United States worth the equivalent of the present value of 
        any repayment obligation to the United States or other income 
        stream the United States derives from the assets to be 
        transferred at the time of the transfer.

                 TITLE XI--WATER RIGHTS PROTECTION ACT

SEC. 11001. 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 filed, permitted, 
        certificated, confirmed, decreed, adjudicated, or otherwise 
        recognized by a judicial proceeding or by the State in which 
        the user acquires possession of the water or puts it to 
        beneficial use. Such term shall include water rights for 
        federally recognized Indian Tribes.

SEC. 11002. 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 impairment 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 (including any federally 
        recognized Indian Tribe) to apply for or acquire a water right 
        in the name of the United States under State law as a condition 
        of the issuance, renewal, amendment, or extension of any 
        permit, approval, license, lease, allotment, easement, right-
        of-way, or other land use or occupancy agreement.

SEC. 11003. POLICY DEVELOPMENT.

    In developing any rule, policy, directive, management plan, or 
similar Federal action relating to the issuance, 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, allocating, 
                regulating, permitting, and adjudicating 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 regulatory 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
                            (iii) any other right or obligation of a 
                        State established under State law; or
                    (B) assert any connection between surface and 
                groundwater that is inconsistent with such a connection 
                recognized by State water laws.

SEC. 11004. EFFECT.

    (a) Existing Authority.--Nothing in this Act limits or expands any 
existing legally recognized authority of the Secretary to issue, grant, 
or condition any permit, approval, license, lease, allotment, easement, 
right-of-way, or other land use or occupancy agreement on Federal land 
that is subject to the jurisdiction of the Secretary.
    (b) Reclamation Contracts.--Nothing in this Act in any way 
interferes with any existing or future Bureau of Reclamation contract 
entered into pursuant to Federal Reclamation law (the Act of June 17, 
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and 
amendatory of that Act).
    (c) Endangered Species Act.--Nothing in this Act affects the 
implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.).
    (d) Federal Reserved Water Rights.--Nothing in this Act limits or 
expands any existing reserved water rights of the Federal Government on 
land administered by the Secretary.
    (e) Federal Power Act.--Nothing in this Act limits or expands 
authorities pursuant to section 4(e), 10(j), or 18 of the Federal Power 
Act (16 U.S.C. 797(e), 803(j), 811).
    (f) Indian Water Rights.--Nothing in this Act limits or expands any 
existing reserved water right or treaty right of any federally 
recognized Indian Tribe.
    (g) Federally Held State Water Rights.--Nothing in this Act limits 
the ability of the Secretary, through applicable State procedures, to 
acquire, use, enforce, or protect a State water right owned by the 
United States.

                  TITLE XII--COULEE DAM REDESIGNATION

SEC. 12001. REDESIGNATION OF FACILITY.

    The facility of the Bureau of Reclamation located at Highway-155, 
Coulee Dam, Washington 99116, known as the Third Powerplant, shall be 
known and designated as the ``Nathaniel `Nat' Washington Power Plant''.

SEC. 12002. REFERENCES.

    Any reference in a law, map, regulation, document, paper or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the Nathaniel ``Nat'' Washington 
Power Plant.

     TITLE XIII--NUTRIA ERADICATION AND CONTROL ACT REAUTHORIZATION

SEC. 13001. NUTRIA ERADICATION.

    The Nutria Eradication and Control Act of 2003 (Public Law 108-16) 
is amended--
            (1) in section 2--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking 
                        ``Wetlands and tidal marshes of the Chesapeake 
                        Bay and in Louisiana'' and inserting 
                        ``Wetlands, tidal marshes, and agricultural 
                        lands'';
                            (ii) in paragraph (2), by striking ``in 
                        Maryland and Louisiana''; and
                            (iii) in paragraph (3), by striking ``in 
                        Maryland'' and all that follows to the period 
                        and inserting ``Consequently, marsh loss, loss 
                        of public and private wetlands, and loss of 
                        agricultural lands are accelerating.''; and
                    (B) in subsection (b), by striking ``the State of 
                Maryland and the State of Louisiana'' and inserting 
                ``any state that has demonstrated the need''; and
            (2) in section 3--
                    (A) by amending subsection (a) to read as follows:
    ``(a) Grant Authority.--The Secretary of the Interior (referred to 
in this Act as the `Secretary'), subject to the availability of 
appropriations, may provide financial assistance to any state that has 
demonstrated to the Secretary sufficient need for a program to 
implement measures to eradicate or control nutria and restore 
marshland, public and private wetlands, and agricultural lands damaged 
by nutria.'';
                    (B) by amending subsection (b) to read as follows:
    ``(b) Goals.--The goals of the program shall be to--
            ``(1) eradicate or control nutria in affected States;
            ``(2) restore marshland, public and private wetlands, and 
        agricultural lands damaged by nutria.''; and
                    (C) in subsection (f), by striking ``$4,000,000'' 
                and all that follows and inserting ``12,000,000 for any 
                qualifying state program for each of fiscal years 2021 
                through 2025.''.

SEC. 13002. DEAUTHORIZATIONS.

    The following projects authorized by section 1638 of the 
Reclamation Projects Authorization and Adjustment Act of 1992 (43 
U.S.C. 390h-20; Public Law 102-575) are hereby deauthorized:
            (1) Kalaeloa Seawater Desalination Project.
            (2) Lahaina Water Recycling Project #3.
            (3) Kealakehe Water Recycling Project.
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