[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5412 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5412
To facilitate and streamline the Bureau of Reclamation process for
creating or expanding surface water storage under Reclamation law.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 8, 2014
Mr. Hastings of Washington introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To facilitate and streamline the Bureau of Reclamation process for
creating or expanding surface water storage under Reclamation law.
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 ``Bureau of Reclamation Surface Water
Storage Streamlining Act''.
SEC. 2. DEFINITIONS.
In this Act:
(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.
(5) Project.--The term ``project'' means a surface water
project to be carried out or funded by the Secretary pursuant
to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and
Acts supplemental to and amendatory of that Act (43 U.S.C. 371
et seq.).
(6) Project sponsor.--The term ``project sponsor'' means a
State, regional, or local authority or other qualifying entity,
such as a water conservation district, irrigation district,
water conservancy district, or rural water district or
association.
(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 by the Bureau of
Reclamation.
SEC. 3. ACCELERATION OF STUDIES.
(a) In General.--To the extent practicable, a project study
initiated by the Secretary, after the date of enactment of this Act,
under the Reclamation Act of 1902 (32 Stat. 388), and all Acts
amendatory thereof or supplementary thereto, 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
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 Committee on Energy and
Natural Resources of the Senate as to the results of that
determination, including an identification of the specific 1 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
enactment of this Act, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate and make publicly available
a report that describes--
(1) the status of the implementation of the planning
process under this section, including the number of
participating projects;
(2) a review of project delivery schedules, 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
enactment of this Act, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate and make publicly available
a report that describes--
(1) the status of the implementation of 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. 4. EXPEDITED COMPLETION OF REPORTS.
The Secretary shall--
(1) expedite the completion of any ongoing project study
initiated before the date of enactment of this Act; and
(2) if the Secretary determines that the project is
justified in a completed report, proceed directly to
preconstruction planning, engineering, and design of the
project in accordance with the Reclamation Act of 1902 (32
Stat. 388), and all Acts amendatory thereof or supplementary
thereto.
SEC. 5. PROJECT ACCELERATION.
(a) Applicability.--
(1) In general.--This section shall apply to each project
study that is initiated after the date of enactment of this Act
and for which an environmental impact statement is prepared
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(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) meets the standards described in
paragraph (1); and
(ii) does 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 enactment of
the Bureau of Reclamation Surface Water Storage Streamlining
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) 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).
(f) 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 States 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
(h)(5)(B), the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate--
(A) as soon as practicable after the 180-day period
described in subsection (h)(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 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, or local decision,
action, or approval required under applicable laws for
each project study for which this section is
applicable.
(g) 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) 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 a report on the
notice.
(E) 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.
(F) 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.
(h) 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.
(i) 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.
(j) 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.
(k) Categorical Exclusions.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall--
(A) survey the use by the Bureau of Reclamation 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 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 enactment 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).
(l) 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 enactment of this Act, submit
to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources 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.
(m) 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.
(n) Categorical Exclusions in Emergencies.--For the repair,
reconstruction, or rehabilitation of a Bureau of Reclamation surface
water storage 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
surface water storage 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. 6. 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 Committee on Energy
and Natural Resources of the Senate an annual report, to be entitled
``Report to Congress on Future Surface Water Storage 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 surface water storage 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.
(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
surface water storage 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 Committee on Energy and Natural
Resources 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 surface water storage
projects and project studies that--
(i) are related to the missions and
authorities of the Bureau of Reclamation;
(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.
(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) improvement to 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 surface water
storage 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 surface
water storage 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 surface water storage 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 surface water storage
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
surface water storage development
project;
(B) a letter or statement of support for the water
report, proposed project study, or proposed
modification to an authorized surface water storage
development project or project study from each
associated non-Federal interest;
(C) the purpose of the feasibility report, proposed
feasibility study, or proposed modification to an
authorized surface water storage 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 surface water storage
development 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 surface water storage
development project; and
(E) an estimate, to the extent practicable, of the
monetary and nonmonetary benefits of--
(i) the surface water storage development
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 surface water storage development
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 surface water storage 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 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.
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