[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1533 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1533
To authorize the Secretary of the Interior to coordinate Federal and
State permitting processes related to the construction of new surface
water storage projects on lands under the jurisdiction of the Secretary
of the Interior and the Secretary of Agriculture and to designate the
Bureau of Reclamation as the lead agency for permit processing, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2015
Mr. Barrasso introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to coordinate Federal and
State permitting processes related to the construction of new surface
water storage projects on lands under the jurisdiction of the Secretary
of the Interior and the Secretary of Agriculture and to designate the
Bureau of Reclamation as the lead agency for permit processing, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Supply Permitting Coordination
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(3) Qualifying projects.--The term ``qualifying projects''
means new surface water storage projects 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.
(4) 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).
SEC. 3. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES.
(a) Establishment of Lead Agency.--The Bureau of Reclamation 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 water resource
project.
SEC. 4. BUREAU RESPONSIBILITIES.
(a) In General.--The principal responsibilities of the Bureau under
this Act are to--
(1) serve as the point of contact for applicants, State
agencies, Indian tribes, and others regarding proposed
projects;
(2) 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) 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) Pre-application 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 to--
(A) explain applicable processes, data
requirements, and applicant submissions necessary to
complete the required Federal agency reviews within the
timeframe established; and
(B) 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 one 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 one 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. 5. COOPERATING AGENCY RESPONSIBILITIES.
(a) Adherence to Bureau Schedule.--Upon notification of an
application for a qualifying project, all cooperating agencies shall
submit to the Bureau a timeframe under which the cooperating agency
reasonably considers it will be able to complete its authorizing
responsibilities. The Bureau shall use the timeframe submitted under
this subsection to establish the project schedule under section 4, and
the cooperating agencies shall adhere to the project schedule
established by the Bureau.
(b) Environmental Record.--Cooperating agencies 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.
(c) Data Submission.--To the extent practicable and consistent with
Federal law, the cooperating agencies shall submit all relevant project
data to the Bureau in a generally accessible electronic format subject
to the project schedule set forth by the Bureau.
SEC. 6. FUNDING TO PROCESS PERMITS.
(a) In General.--The Secretary, after public notice in accordance
with the Administrative Procedures Act (5 U.S.C. 553), 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
or activity for a public purpose under the jurisdiction of the
Department of the Interior.
(b) Effect on Permitting.--
(1) In general.--In carrying out this section, the
Secretary shall ensure that the use of funds accepted under
subsection (a) will not impact impartial decisionmaking with
respect to permits, either substantively or procedurally.
(2) 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 Reclamation, or the Regional Director's
designee, of the region in which the qualifying project
or activity is located; 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.
(3) Impartial decisionmaking.--In carrying out this
section, the Secretary and the cooperating agencies receiving
funds under this section for qualifying projects shall ensure
that the use of the funds accepted under this section for such
projects shall not--
(A) impact impartial decisionmaking with respect to
the issuance of permits, either substantively or
procedurally; or
(B) diminish, modify, or otherwise affect the
statutory or regulatory authorities of such agencies.
(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)(2)(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.
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