[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2902 Reported in Senate (RS)]
<DOC>
Calendar No. 631
114th CONGRESS
2d Session
S. 2902
[Report No. 114-353]
To provide for long-term water supplies, optimal use of existing water
supply infrastructure, and protection of existing water rights.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2016
Mr. Flake (for himself, Mr. Barrasso, Mr. McCain, Mr. Risch, Mr.
Heller, and Mr. Daines) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
September 15, 2016
Reported by Ms. Murkowski, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To provide for long-term water supplies, optimal use of existing water
supply infrastructure, and protection of existing water rights.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Western Water
Supply and Planning Enhancement Act of 2016''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--LONG-TERM IMPROVEMENTS FOR WESTERN STATES SUBJECT TO DROUGHT
Subtitle A--Water Supply Improvements
Sec. 101. Reservoir operation improvement.
Sec. 102. Authority to make entire active capacity of Fontenelle
Reservoir available for use.
Sec. 103. Saltcedar control efforts.
Sec. 104. Colorado River System.
Subtitle B--Protecting Critical Water Supply Watersheds
Sec. 111. Definitions.
Sec. 112. Analysis of only two alternatives in proposed collaborative
management activities.
Sec. 113. Categorical exclusion to expedite certain critical response
actions.
Sec. 114. Compliance with land use plan.
Subtitle C--Bureau of Reclamation Transparency Act
Sec. 121. Short title.
Sec. 122. Findings.
Sec. 123. Definitions.
Sec. 124. Asset management report enhancements for reserved works.
Sec. 125. Asset management report enhancements for transferred works.
Sec. 126. Offset.
Subtitle D--Water Supply Permitting Act
Sec. 131. Short title.
Sec. 132. Definitions.
Sec. 133. Establishment of lead agency and cooperating agencies.
Sec. 134. Bureau responsibilities.
Sec. 135. Cooperating agency responsibilities.
Sec. 136. Funding to process permits.
Subtitle E--Bureau of Reclamation Project Streamlining Act
Sec. 141. Short title.
Sec. 142. Definitions.
Sec. 143. Acceleration of studies.
Sec. 144. Expedited completion of reports.
Sec. 145. Project acceleration.
Sec. 146. Annual report to Congress.
TITLE II--PROTECTING EXISTING WATER RIGHTS
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Applicability.
Sec. 204. Prohibitions.
Sec. 205. Policy development.
Sec. 206. Effect of title.
TITLE III--COMPLETING AND MAINTAINING RURAL WATER SUPPLY INFRASTRUCTURE
Subtitle A--Irrigation Rehabilitation and Renovation for Indian Tribal
Governments and Economies
Sec. 301. Short title.
Sec. 302. Definitions.
Part I--Indian Irrigation Fund
Sec. 311. Establishment.
Sec. 312. Deposits to Fund.
Sec. 313. Expenditures from Fund.
Sec. 314. Investments of amounts.
Sec. 315. Transfers of amounts.
Sec. 316. Termination.
Part II--Repair, Replacement, and Maintenance of Certain Indian
Irrigation Projects
Sec. 321. Repair, replacement, and maintenance of certain Indian
irrigation projects.
Sec. 322. Eligible projects.
Sec. 323. Requirements and conditions.
Sec. 324. Study of Indian irrigation program and project management.
Sec. 325. Tribal consultation and user input.
Sec. 326. Allocation among projects.
Subtitle B--Clean Water for Rural Communities
Sec. 331. Short title.
Sec. 332. Purpose.
Sec. 333. Definitions.
Sec. 334. Dry-Redwater Regional Water Authority System and Musselshell-
Judith Rural Water System.
Sec. 335. Use of power from Pick-Sloan program by Dry-Redwater Regional
Water Authority System.
Sec. 336. Water rights.
Sec. 337. Authorization of appropriations.
TITLE IV--OFFSET
Sec. 401. Accelerated revenue, repayment, and surface water storage
enhancement.
TITLE I--LONG-TERM IMPROVEMENTS FOR WESTERN STATES SUBJECT TO DROUGHT
Subtitle A--Water Supply Improvements
<DELETED>SEC. 101. RESERVOIR OPERATION IMPROVEMENT.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Reserved works.--The term ``reserved works''
means any Bureau of Reclamation project facility at which the
Secretary of the Interior carries out the operation and
maintenance of the project facility.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of the Army.</DELETED>
<DELETED> (3) Transferred works.--The term ``transferred
works'' means a Bureau of Reclamation project facility, the
operation and maintenance of which is carried out by a non-
Federal entity, under the provisions of a formal operation and
maintenance transfer contract.</DELETED>
<DELETED> (4) Transferred works operating entity.--The term
``transferred works operating entity'' means the organization
that is contractually responsible for operation and maintenance
of transferred works.</DELETED>
<DELETED> (b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report including, for any State in which a county designated by the
Secretary of Agriculture as a drought disaster area during water year
2015 is located, a list of projects, including Corps of Engineers
projects, and those non-Federal projects and transferred works that are
operated for flood control in accordance with rules prescribed by the
Secretary pursuant to section 7 of the Act of December 22, 1944
(commonly known as the ``Flood Control Act of 1944'') (58 Stat. 890,
chapter 665), including, as applicable--</DELETED>
<DELETED> (1) the year the original water control manual was
approved;</DELETED>
<DELETED> (2) the year for any subsequent revisions to the
water control plan and manual of the project;</DELETED>
<DELETED> (3) a list of projects for which--</DELETED>
<DELETED> (A) operational deviations for drought
contingency have been requested;</DELETED>
<DELETED> (B) the status of the request;
and</DELETED>
<DELETED> (C) a description of how water
conservation and water quality improvements were
addressed; and</DELETED>
<DELETED> (4) a list of projects for which permanent or
seasonal changes to storage allocations have been requested,
and the status of the request.</DELETED>
<DELETED> (c) Project Identification.--Not later than 60 days after
the date of completion of the report under subsection (b), the
Secretary shall identify any projects described in the report--
</DELETED>
<DELETED> (1) for which the modification of the water
operations manuals, including flood control rule curve, would
be likely to enhance existing authorized project purposes,
including for water supply benefits and flood control
operations;</DELETED>
<DELETED> (2) for which the water control manual and
hydrometeorological information establishing the flood control
rule curves of the project have not been substantially revised
during the 15-year period ending on the date of review by the
Secretary; and</DELETED>
<DELETED> (3) for which the non-Federal sponsor or sponsors
of a Corps of Engineers project, the owner of a non-Federal
project, or the non-Federal transferred works operating entity,
as applicable, has submitted to the Secretary a written request
to revise water operations manuals, including flood control
rule curves, based on the use of improved weather forecasting
or run-off forecasting methods, new watershed data, changes to
project operations, or structural improvements.</DELETED>
<DELETED> (d) Pilot Projects.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of identification of projects under subsection (c), if
any, the Secretary shall carry out not less than 15 pilot
projects, which shall include not less than 6 non-Federal
projects, to implement revisions of water operations manuals,
including flood control rule curves, based on the best
available science, which may include--</DELETED>
<DELETED> (A) forecast-informed
operations;</DELETED>
<DELETED> (B) new watershed data, including data
submitted by a non-Federal applicant; and</DELETED>
<DELETED> (C) if applicable, in the case of non-
Federal projects, structural improvements.</DELETED>
<DELETED> (2) Consultation.--In implementing a pilot project
under this subsection, the Secretary shall consult with all
affected interests, including--</DELETED>
<DELETED> (A) non-Federal entities responsible for
operations and maintenance costs of a Federal
facility;</DELETED>
<DELETED> (B) individuals and entities with storage
entitlements; and</DELETED>
<DELETED> (C) local agencies with flood control
responsibilities downstream of a facility.</DELETED>
<DELETED> (e) Coordination With Non-Federal Project Entities.--If a
project identified under subsection (c) is--</DELETED>
<DELETED> (1) a non-Federal project, the Secretary, prior to
carrying out an activity under this section, shall--</DELETED>
<DELETED> (A) consult with the non-Federal project
owner; and</DELETED>
<DELETED> (B) enter into a cooperative agreement,
memorandum of understanding, or other agreement with
the non-Federal project owner describing the scope and
goals of the activity and the coordination among the
parties; and</DELETED>
<DELETED> (2) a Federal project, the Secretary, prior to
carrying out an activity under this section, shall--</DELETED>
<DELETED> (A) consult with each Federal and non-
Federal entity (including a municipal water district,
irrigation district, joint powers authority,
transferred works operating entity, or other local
governmental entity) that currently--</DELETED>
<DELETED> (i) manages (in whole or in part)
a Federal dam or reservoir; or</DELETED>
<DELETED> (ii) is responsible for operations
and maintenance costs; and</DELETED>
<DELETED> (B) enter into a cooperative agreement,
memorandum of understanding, or other agreement with
each such entity describing the scope and goals of the
activity and the coordination among the
parties.</DELETED>
<DELETED> (f) Consideration.--In designing and implementing a
forecast-informed reservoir operations plan under subsection (d) or
(g), the Secretary may consult with the appropriate agencies within the
Department of the Interior and the Department of Commerce with
expertise in atmospheric, meteorological, and hydrologic science to
consider--</DELETED>
<DELETED> (1) the relationship between ocean and atmospheric
conditions, including--</DELETED>
<DELETED> (A) the El Nino and La Nina cycles;
and</DELETED>
<DELETED> (B) the potential for above-normal,
normal, and below-normal rainfall for the coming water
year, including consideration of atmospheric river
forecasts;</DELETED>
<DELETED> (2) the precipitation and runoff index specific to
the basin and watershed of the relevant dam or reservoir,
including incorporating knowledge of hydrological and
meteorological conditions that influence the timing and
quantity of runoff;</DELETED>
<DELETED> (3) improved hydrologic forecasting for
precipitation, snowpack, and soil moisture
conditions;</DELETED>
<DELETED> (4) an adjustment of operational flood control
rule curves to optimize water supply storage and reliability,
hydropower production, environmental benefits for flows and
temperature, and other authorized project benefits, without a
reduction in flood safety; and</DELETED>
<DELETED> (5) proactive management in response to changes in
forecasts.</DELETED>
<DELETED> (g) Funding.--The Secretary may accept and expend amounts
from non-Federal entities and other Federal agencies to fund all or a
portion of the cost of carrying out a review or revision of operational
documents, including water control plans, water control manuals, water
control diagrams, release schedules, rule curves, operational
agreements with non-Federal entities, and any associated environmental
documentation for--</DELETED>
<DELETED> (1) a Corps of Engineers project;</DELETED>
<DELETED> (2) a non-Federal project regulated for flood
control by the Secretary; or</DELETED>
<DELETED> (3) a Bureau of Reclamation facility regulated for
flood control by the Secretary.</DELETED>
<DELETED> (h) Effect.--</DELETED>
<DELETED> (1) Manual revisions.--A revision of a manual
shall not interfere with the authorized purposes of a Federal
project or the existing purposes of a non-Federal project
regulated for flood control by the Secretary.</DELETED>
<DELETED> (2) Effect of section.--</DELETED>
<DELETED> (A) Nothing in this section authorizes the
Secretary to carry out, at a Federal dam or reservoir,
any project or activity for a purpose not otherwise
authorized as of the date of enactment of this
Act.</DELETED>
<DELETED> (B) Nothing in this section affects or
modifies any obligation of the Secretary under State
law.</DELETED>
<DELETED> (C) Nothing in this section affects or
modifies any obligation to comply with any applicable
Federal law.</DELETED>
<DELETED> (D) This section only applies to
facilities located in a State in which a Bureau of
Reclamation project is located.</DELETED>
<DELETED> (3) Bureau of reclamation reserved works
excluded.--This section--</DELETED>
<DELETED> (A) shall not apply to any dam or
reservoir operated by the Bureau of Reclamation as a
reserved work, unless all non-Federal project sponsors
of a reserved work jointly provide to the Secretary a
written request for application of this section to the
project; and</DELETED>
<DELETED> (B) shall apply only to Bureau of
Reclamation transferred works at the written request of
the transferred works operating entity.</DELETED>
<DELETED> (i) Prior Studies.--In carrying out subsections (b), (c),
and (d), to the maximum extent practicable, the Secretary shall--
</DELETED>
<DELETED> (1) coordinate with the efforts of the Secretary
to complete the reports required under subparagraphs (A)(iii)
and (B) of subsection (a)(2) of section 1046 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2319
note; 128 Stat. 1251); and</DELETED>
<DELETED> (2) consider the findings of the reports described
in paragraph (1) if the reports are available prior to carrying
out subsections (b), (c), and (d).</DELETED>
<DELETED> (j) Modifications to Manuals and Curves.--Not later than
180 days after the date of completion of a modification to an
operations manual or flood control rule curve, the Secretary shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report regarding the components of the forecast-based
reservoir operations plan incorporated into the change.</DELETED>
SEC. 101. RESERVOIR OPERATION IMPROVEMENT.
(a) Definitions.--In this section:
(1) Operational document.--The term ``operational
document'' includes a water control plan, water control manual,
water control diagram, release schedule, rule curve,
operational agreement with a non-Federal entity, and any
associated environmental documentation.
(2) Reserved works.--The term ``reserved works'' means any
Bureau of Reclamation project facility at which the Secretary
of the Interior carries out the operation and maintenance of
the project facility.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(4) Transferred works.--The term ``transferred works''
means a Bureau of Reclamation project facility, the operation
and maintenance of which is carried out by a non-Federal
entity, under the provisions of a formal operation and
maintenance transfer contract.
(5) Transferred works operating entity.--The term
``transferred works operating entity'' means the organization
that is contractually responsible for operation and maintenance
of transferred works.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report including, for
any State in which a county designated by the Secretary of Agriculture
as a drought disaster area during water year 2015 is located, a list of
projects, including Corps of Engineers projects, and those non-Federal
projects and transferred works that are operated for flood control in
accordance with rules prescribed by the Secretary pursuant to section 7
of the Act of December 22, 1944 (commonly known as the ``Flood Control
Act of 1944'') (58 Stat. 890, chapter 665), including, as applicable--
(1) the year the original operational documents were
approved;
(2) the year for any subsequent revisions to the
operational documents;
(3) a list of projects for which--
(A) operational deviations for drought contingency
have been requested;
(B) the status of the request; and
(C) a description of how water conservation and
water quality improvements were addressed; and
(4) a list of projects for which permanent or seasonal
changes to flood control capacity have been requested, and the
status of the request.
(c) Identification of Eligible Projects.--Not later than 60 days
after the date of completion of the report under subsection (b), the
Secretary shall identify any projects described in the report--
(1) for which the modification of the operational document,
including flood control rule curve, would be likely to enhance
existing authorized project purposes;
(2) for which the operational documents and
hydrometeorological information establishing the flood control
rule curves of the project have not been substantially revised
during the 15-year period ending on the date of review by the
Secretary; and
(3) for which individuals or entities responsible for
operations and maintenance costs or that have storage
entitlements or contracts at a Corps of Engineers project, the
owner of a non-Federal project, or the non-Federal transferred
works operating entity, as applicable, has submitted to the
Secretary a written request to revise operational documents,
including flood control rule curves, based on the use of
improved weather forecasting or run-off forecasting methods,
new watershed data, changes to project operations, or
structural improvements.
(d) Pilot Projects.--
(1) In general.--Not later than 1 year after the date of
identification of projects under subsection (c), if any, the
Secretary shall carry out not less than 15 pilot projects,
which shall include not less than 6 non-Federal projects, to
implement revisions of operational documents, including flood
control rule curves, based on the best available science, which
may include--
(A) forecast-informed operations;
(B) new watershed data, including data submitted by
a non-Federal applicant; and
(C) if applicable, in the case of non-Federal
projects, structural improvements.
(2) Consultation.--In implementing a pilot project under
this subsection, the Secretary shall consult with all affected
interests, including--
(A) entities responsible for operations and
maintenance costs of a Federal facility;
(B) individuals and entities with storage
entitlements;
(C) a Federal power management agency that markets
power produced by a facility; and
(D) local agencies with flood control
responsibilities downstream of a facility.
(e) Coordination With Non-federal Project Entities.--If a project
identified under subsection (c) is--
(1) a non-Federal project, the Secretary, prior to carrying
out an activity under this section, shall--
(A) consult with the non-Federal project owner; and
(B) enter into a cooperative agreement, memorandum
of understanding, or other agreement with the non-
Federal project owner describing the scope and goals of
the activity and the coordination among the parties;
and
(2) a Federal project, the Secretary, prior to carrying out
an activity under this section, shall--
(A) consult with each Federal and non-Federal
entity (including a municipal water district,
irrigation district, joint powers authority,
transferred works operating entity, or other local
governmental entity) that currently--
(i) manages (in whole or in part) the
Federal dam or reservoir; or
(ii) is responsible for operations and
maintenance costs; and
(B) enter into a cooperative agreement, memorandum
of understanding, or other agreement with each such
entity describing the scope and goals of the activity
and the coordination among the parties.
(f) Consideration.--In designing and implementing a forecast-
informed reservoir operations plan under subsection (d) or subsection
(g), the Secretary may consult with the appropriate agencies within the
Department of the Interior and the Department of Commerce with
expertise in atmospheric, meteorological, and hydrologic science to
consider--
(1) the relationship between ocean and atmospheric
conditions, including--
(A) the El Nino and La Nina cycles; and
(B) the potential for above-normal, normal, and
below-normal rainfall for the coming water year,
including consideration of atmospheric river forecasts;
(2) the precipitation and runoff index specific to the
basin and watershed of the relevant dam or reservoir, including
incorporating knowledge of hydrological and meteorological
conditions that influence the timing and quantity of runoff;
(3) improved hydrologic forecasting for precipitation,
snowpack, and soil moisture conditions;
(4) an adjustment of operational flood control rule curves
to optimize authorized project purposes, without a reduction in
flood safety; and
(5) proactive management in response to changes in
forecasts.
(g) Funding.--
(1) In general.--The Secretary may accept and expend
amounts from entities described in subsection (d)(2), the
owners of non-Federal projects regulated for flood control by
the Secretary, and public or private entities holding contracts
with the Federal Government for water storage or water supply
at Federal projects to fund all or a portion of the cost of
carrying out a review or revision of operational documents
for--
(A) a Corps of Engineers project;
(B) a non-Federal project regulated for flood
control by the Secretary; or
(C) a Bureau of Reclamation facility regulated for
flood control by the Secretary.
(2) Inclusion.--Funds received from entities under
paragraph (1) may include amounts provided by non-Federal
entities through agreements, partnerships, or joint ventures
with public or private nonprofit entities or Indian tribes.
(3) In-kind contributions.--The Secretary may accept and
use materials and services contributed by a entity under this
paragraph and credit the value of the materials and services
toward the cost of carrying out a review or revisions of
operational documents.
(h) Effect.--
(1) Manual revisions.--A revision of an operational
document shall not reduce the water supply available for any
authorized purposes of a Federal project or the existing
purposes of a non-Federal project regulated for flood control
by the Secretary.
(2) Effect of section.--
(A) Nothing in this section authorizes the
Secretary to carry out, at a Federal dam or reservoir,
any project or activity for a purpose not otherwise
authorized as of the date of enactment of this Act.
(B) Nothing in this section affects or modifies any
obligation of the Secretary under State law.
(C) Nothing in this section affects or modifies any
obligation to comply with any applicable Federal law.
(3) Application.--
(A) Certain facilities.--This section applies only
to a facility located in a State in which a Bureau of
Reclamation project is located.
(B) Certain projects excluded.--This section shall
not apply to--
(i) any project authorized by the Act of
December 31, 1928 (43 U.S.C. 617 et seq.)
(commonly known as the ``Boulder Canyon Project
Act''); or
(ii) the initial units of the Colorado
River Storage Project, as authorized by the
first section of the Act of April 11, 1956 (43
U.S.C. 620) (commonly known as the ``Colorado
River Storage Project Act'').
(C) Bureau of reclamation reserved works
excluded.--This section--
(i) shall not apply to any dam or reservoir
operated by the Bureau of Reclamation as a
reserved work, unless all non-Federal project
sponsors of a reserved work jointly provide to
the Secretary a written request for application
of this section to the project; and
(ii) shall apply only to Bureau of
Reclamation transferred works at the written
request of the transferred works operating
entity.
(i) Prior Studies.--In carrying out subsections (b), (c), and (d),
to the maximum extent practicable, the Secretary shall--
(1) coordinate with the efforts of the Secretary to
complete the reports required under subparagraphs (A)(iii) and
(B) of subsection (a)(2) of section 1046 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2319 note, 128
Stat. 1251); and
(2) consider the findings of the reports described in
paragraph (1) if the reports are available prior to carrying
out subsections (b), (c), and (d).
(j) Modifications to Manuals and Curves.--Not later than 180 days
after the date of completion of a modification to an operational
document, the Secretary shall submit to the Committees on Environment
and Public Works and Energy and Natural Resources of the Senate and the
Committees on Transportation and Infrastructure and Natural Resources
of the House of Representatives a report regarding the components of
the forecast-based reservoir operations plan incorporated into the
change.
SEC. 102. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF FONTENELLE
RESERVOIR AVAILABLE FOR USE.
(a) In General.--The Secretary of the Interior, in cooperation with
the State of Wyoming, may amend the Definite Plan Report for the
Seedskadee Project authorized under the first section of the Act of
April 11, 1956 (commonly known as the ``Colorado River Storage Project
Act'') (43 U.S.C. 620), to provide for the study, design, planning, and
construction activities that will enable the use of all active storage
capacity (as may be defined or limited by legal, hydrologic,
structural, engineering, economic, and environmental considerations) of
Fontenelle Dam and Reservoir, including the placement of sufficient
riprap on the upstream face of Fontenelle Dam to allow the active
storage capacity of Fontenelle Reservoir to be used for those purposes
for which the Seedskadee Project was authorized.
(b) Cooperative Agreements.--
(1) In general.--The Secretary of the Interior may enter
into any contract, grant, cooperative agreement, or other
agreement that is necessary to carry out subsection (a).
(2) State of wyoming.--
(A) In general.--The Secretary of the Interior
shall enter into a cooperative agreement with the State
of Wyoming to work in cooperation and collaboratively
with the State of Wyoming for planning, design, related
preconstruction activities, and construction of any
modification of the Fontenelle Dam under subsection
(a).
(B) Requirements.--The cooperative agreement under
subparagraph (A) shall, at a minimum, specify the
responsibilities of the Secretary of the Interior and
the State of Wyoming with respect to--
(i) completing the planning and final
design of the modification of the Fontenelle
Dam under subsection (a);
(ii) any environmental and cultural
resource compliance activities required for the
modification of the Fontenelle Dam under
subsection (a) including compliance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(II) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(III) subdivision 2 of division A
of subtitle III of title 54, United
States Code; and
(iii) the construction of the modification
of the Fontenelle Dam under subsection (a).
(c) Funding by State of Wyoming.--Pursuant to the Act of March 4,
1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), and as a condition of
providing any additional storage under subsection (a), the State of
Wyoming shall provide to the Secretary of the Interior funds for any
work carried out under subsection (a).
(d) Other Contracting Authority.--
(1) In general.--The Secretary of the Interior may enter
into contracts with the State of Wyoming, on such terms and
conditions as the Secretary of the Interior and the State of
Wyoming may agree, for division of any additional active
capacity made available under subsection (a).
(2) Terms and conditions.--Unless otherwise agreed to by
the Secretary of the Interior and the State of Wyoming, a
contract entered into under paragraph (1) shall be subject to
the terms and conditions of Bureau of Reclamation Contract No.
14-06-400-2474 and Bureau of Reclamation Contract No. 14-06-
400-6193.
(e) Savings Provisions.--Unless expressly provided in this section,
nothing in this section modifies, conflicts with, preempts, or
otherwise affects--
(1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.)
(commonly known as the ``Boulder Canyon Project Act'');
(2) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.)
(commonly known as the ``Boulder Canyon Project Adjustment
Act'');
(4) the Treaty between the United States of America and
Mexico relating to the utilization of waters of the Colorado
and Tijuana Rivers and of the Rio Grande, and supplementary
protocol signed November 14, 1944, signed at Washington
February 3, 1944 (59 Stat. 1219);
(5) the Upper Colorado River Basin Compact as consented to
by the Act of April 6, 1949 (63 Stat. 31);
(6) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(7) the Colorado River Basin Project Act (Public Law 90-
537; 82 Stat. 885); or
(8) any law of the State of Wyoming or other State.
SEC. 103. SALTCEDAR CONTROL EFFORTS.
(a) Study.--The Secretary of the Interior, consistent with
applicable laws (including regulations) and in coordination with the
Secretary of Agriculture, shall enter into an arrangement with the
National Academy of Sciences under which the National Academy of
Sciences shall conduct a comprehensive study, to be completed not later
than 1 year after the date of enactment of this Act, on the
effectiveness and environmental impacts of saltcedar biological and
mechanical control efforts on increasing water supplies and improving
riparian habitats, including--
(1) a list of Federal permits that would be required for
any program to implement saltcedar biological and mechanical
controls; and
(2) a list of existing programs, authorities, or technical
assistance opportunities that are currently available to such a
program.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
completion of the study under subsection (a), the Secretary of
the Interior shall submit to the Committees on Appropriations
and Natural Resources of the House of Representatives and the
Committees on Appropriations and Energy and Natural Resources
of the Senate a report that, taking into consideration the
results of the study, describes a feasible plan to implement a
tamarisk control plan, as described in the Bureau of
Reclamation study entitled ``Colorado River Basin Water Supply
and Demand Study'' and dated December 2012, including a
description of applicable timelines and costs.
(2) Inclusions.--The report submitted under paragraph (1)
shall include--
(A) provisions for revegetating Federal land with
native vegetation;
(B) provisions for adapting to the increasing
presence of biological control in the Lower Colorado
River basin;
(C) provisions for removing saltcedar from Federal
land during post-wildfire recovery activities;
(D) strategies for developing partnerships with
State, tribal, and local governmental entities in the
eradication of saltcedar; and
(E) budget estimates and completion timelines for
the implementation of plan elements.
SEC. 104. COLORADO RIVER SYSTEM.
Title II of the Energy and Water Development and Related Agencies
Appropriations Act, 2015 (division D of Public Law 113-235) is amended
by striking section 206 (43 U.S.C. 620 note; 128 Stat. 2312) and
inserting the following:
``SEC. 206. COLORADO RIVER SYSTEM.
``(a) In General.--Notwithstanding any other provision of law, as
soon as practicable after the date of enactment of the Western Water
Supply and Planning Enhancement Act of 2016, the Secretary of the
Interior (referred to in this section as the `Secretary') shall--
``(1) fund shall fund or participate in projects to
increase Colorado River System water in Lake Mead and the
initial units of Colorado River Storage Project reservoirs, as
authorized by the first section of the Act of April 11, 1956
(commonly known as the `Colorado River Storage Project Act')
(43 U.S.C. 620), to address the effects of historic drought
conditions;. and
<DELETED> ``(2) not release or allow diversion of water in
the same calendar year that the water was voluntarily
contributed to increase the active storage of Lake Mead
pursuant to--</DELETED>
<DELETED> ``(A) the Memorandum of Understanding
among the United States of America, through the
Department of the Interior, Bureau of Reclamation, the
Central Arizona Water Conservation District, the
Metropolitan Water District of Southern California, the
Southern Nevada Water Authority, the Arizona Department
of Water Resources, the Colorado River Board of
California, and the Colorado River Commission of Nevada
for Pilot Drought Response Actions, entered into
December 10, 2014; or</DELETED>
<DELETED> ``(B) the Pilot System Conservation
program carried out consistent with this section (as in
existence on the day before the date of enactment of
the Western Water Supply and Planning Enhancement Act
of 2016).</DELETED>
``(b) Administration.--Projects under this section may be funded
through--
``(1) grants by the Secretary to public entities that use
water from the Colorado River Basin for municipal purposes for
projects that are implemented by one or more non-Federal
entities; or
``(2) grants or other appropriate financial agreements to
provide additional funds for renewing or implementing water
conservation agreements that are in existence on the date of
enactment of the Western Water Supply and Planning Enhancement
Act of 2016.
``(c) Limitation.--Funds in the Upper Colorado River Basin Fund
established by section 5 of the Act of April 11, 1956 (commonly known
as the `Colorado River Storage Project Act') (43 U.S.C. 620d), and the
Lower Colorado River Basin Development Fund established by section 403
of the Colorado River Basin Project Act (43 U.S.C. 1543) shall not be
used to carry out this section.
``(d) Report and Recommendation.--Not later than September 30,
2026, the Secretary shall submit to the Committees on Appropriations
and Natural Resources of the House of Representatives and the
Committees on Appropriations and Energy and Natural Resources of the
Senate a report evaluating the effectiveness of the projects described
in subsection (a).
``(e) Appropriations.--There is authorized to be appropriated to
the Bureau of Reclamation to carry out this section $10,000,000
$8,000,000 for each of fiscal years 2017 through 2027, to remain
available until expended.''.
Subtitle B--Protecting Critical Water Supply Watersheds
SEC. 111. DEFINITIONS.
In this subtitle:
(1) Categorical exclusion.--The term ``categorical
exclusion'' means an exception to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for a project or activity relating to the management of
National Forest System land or public land.
(2) Collaborative process.--The term ``collaborative
process'' means a process relating to the management of
National Forest System land or public land by which a project
or activity is developed and implemented by the Secretary
concerned through collaboration with interested persons, as
described in section 603(b)(1)(C) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)).
(3) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6511).
(4) Fire behavior model.--The term ``fire behavior model''
means a predictive model used by the Forest Service or Bureau
of Land Management that--
(A) describes potential fire behavior;
(B) is capable of distinguishing among surface
fire, passive crown fire, and active crown fire; and
(C) uses, at a minimum, the inputs of--
(i) existing vegetation;
(ii) potential weather; and
(iii) fuel moisture conditions.
(5) Land use plan.--The term ``land use plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public land pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712); or
(B) a land and resource management plan prepared by
the Forest Service for a unit of the National Forest
System pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(6) Management activity.--The term ``management activity''
means a project or activity carried out by the Secretary
concerned on National Forest System land or public land in
concert with the land use plan covering the land.
(7) National fire danger rating system.--The term
``national fire danger rating system'' means the rating system
used by the Forest Service and the Bureau of Land Management
that communicates wildfire danger on a 5-category scale of--
(A) low;
(B) moderate;
(C) high;
(D) very high; and
(E) extreme.
(8) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(9) Public land.--
(A) In general.--Except as provided in subparagraph
(B), the term ``public land'' has the meaning given the
term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1702).
(B) Exception.--The term ``public land'' includes
Coos Bay Wagon Road Grant land and Oregon and
California Railroad Grant land.
(10) Resource advisory committee.--The term ``resource
advisory committee'' means--
(A) a resource advisory committee (as defined in
section 201 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7121)), with
respect to the Forest Service; and
(B) an advisory council established under section
309(a) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1739(a)), with respect to the Bureau of
Land Management.
(11) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
public land.
SEC. 112. ANALYSIS OF ONLY TWO ALTERNATIVES IN PROPOSED COLLABORATIVE
MANAGEMENT ACTIVITIES.
(a) Application to Certain Environmental Assessments and
Environmental Impact Statements.--This section shall apply whenever the
Secretary concerned prepares an environmental assessment or an
environmental impact statement pursuant to section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a
project that meets the following criteria:
(1) The primary purpose of the management activity is--
(A) to address an insect or disease infestation;
(B) to reduce hazardous fuel loads;
(C) to control medusahead rye, cheatgrass, or
another noxious or invasive weed specified on a Federal
or State noxious weeds list;
(D) to protect a municipal water source;
(E) to maintain, enhance, or modify critical
habitat to ensure protection from catastrophic
disturbances;
(F) to increase water yield; or
(G) any combination of the purposes specified in
subparagraphs (A) through (F).
(2) The management activity--
(A) is developed through a collaborative process;
(B) is proposed by a resource advisory committee;
(C) is covered by a community wildfire protection
plan; or
(D) covers an area--
(i) with a rating on the national fire
danger rating system of--
(I) high;
(II) very high; or
(III) extreme; and
(ii) in which not less than 50 percent of
the acres have a predicted potential fire
behavior, as determined using a fire behavior
model of--
(I) passive crown fire; or
(II) active crown fire.
(b) Consideration of Alternatives.--In an environmental assessment
or environmental impact statement described in subsection (a), the
Secretary concerned shall study, develop, and describe only the
following two alternatives:
(1) The management activity, as proposed pursuant to
subsection (a).
(2) The alternative of no action.
(c) Elements of Nonaction Alternative.--In the case of the
alternative of no action, the Secretary concerned shall evaluate--
(1) the effect of no action on--
(A) forest or wildland health;
(B) habitat diversity;
(C) wildfire potential; and
(D) insect and disease potential; and
(2) the implications of a resulting decline in forest or
wildland health, loss of habitat diversity, wildfire, spread of
noxious or invasive weeds, or insect or disease infestation,
given fire and insect and disease historic cycles, on--
(A) domestic water costs;
(B) wildlife habitat loss; and
(C) other economic and social factors.
SEC. 113. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE
ACTIONS.
(a) Availability of Categorical Exclusion.--A categorical exclusion
is available to the Secretary concerned to develop and carry out a
management activity on National Forest System land or public land if
the primary purpose of the management activity is--
(1) to protect a municipal water source;
(2) to increase water yield;
(3) to reduce hazardous fuel loads;
(4) to control medusahead rye, cheatgrass, or another
noxious or invasive weed specified on a Federal or State
noxious weeds list;
(5) to maintain, enhance, or modify critical habitat to
protect the habitat from catastrophic disturbances; or
(6) any combination of the purposes specified in paragraphs
(1) through (5).
(b) Acreage Limitations.--
(1) In general.--Except in the case of a management
activity described in paragraph (2), a management activity
covered by the categorical exclusion granted by subsection (a)
may not contain a project exceeding a total of 5,000 acres.
(2) Larger areas authorized.--A management activity covered
by the categorical exclusion granted by subsection (a) may not
contain a project exceeding a total of 15,000 acres if the
management activity--
(A) is developed through a collaborative process;
(B) is proposed by a resource advisory committee;
(C) is covered by a community wildfire protection
plan; or
(D) covers an area--
(i) with a rating on the national fire
danger rating system of--
(I) high;
(II) very high; or
(III) extreme; and
(ii) in which not less than 50 percent of
the acres have a predicted potential fire
behavior, as determined using a fire behavior
model, of--
(I) passive crown fire; or
(II) active crown fire.
SEC. 114. COMPLIANCE WITH LAND USE PLAN.
A management activity covered by a categorical exclusion granted by
this subtitle shall be conducted in a manner consistent with the land
use plan applicable to the relevant National Forest System land or
public land.
Subtitle C--Bureau of Reclamation Transparency Act
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ``Bureau of Reclamation
Transparency Act''.
SEC. 122. FINDINGS.
Congress finds that--
(1) the water resources infrastructure of the Bureau of
Reclamation provides important benefits related to irrigated
agriculture, municipal and industrial water, hydropower, flood
control, fish and wildlife, and recreation in the 17
Reclamation States;
(2) as of 2013, the combined replacement value of the
infrastructure assets of the Bureau of Reclamation was
$94,500,000,000;
(3) the majority of the water resources infrastructure
facilities of the Bureau of Reclamation are at least 60 years
old;
(4) the Bureau of Reclamation has previously undertaken
efforts to better manage the assets of the Bureau of
Reclamation, including an annual review of asset maintenance
activities of the Bureau of Reclamation known as the ``Asset
Management Plan''; and
(5) actionable information on infrastructure conditions at
the asset level, including information on maintenance needs at
individual assets due to aging infrastructure, is needed for
Congress to conduct oversight of Reclamation facilities and
meet the needs of the public.
SEC. 123. DEFINITIONS.
In this subtitle:
(1) Asset.--
(A) In general.--The term ``asset'' means any of
the following assets that are used to achieve the
mission of the Bureau of Reclamation to manage,
develop, and protect water and related resources in an
environmentally and economically sound manner in the
interest of the people of the United States:
(i) Capitalized facilities, buildings,
structures, project features, power production
equipment, recreation facilities, or quarters.
(ii) Capitalized and noncapitalized heavy
equipment and other installed equipment.
(B) Inclusions.--The term ``asset'' includes assets
described in subparagraph (A) that are considered to be
mission critical.
(2) Asset management report.--The term ``Asset Management
Report'' means--
(A) the annual plan prepared by the Bureau of
Reclamation known as the ``Asset Management Plan''; and
(B) any publicly available information relating to
the plan described in subparagraph (A) that summarizes
the efforts of the Bureau of Reclamation to evaluate
and manage infrastructure assets of the Bureau of
Reclamation.
(3) Major repair and rehabilitation need.--The term ``major
repair and rehabilitation need'' means major nonrecurring
maintenance at a Reclamation facility, including maintenance
related to the safety of dams, extraordinary maintenance of
dams, deferred major maintenance activities, and all other
significant repairs and extraordinary maintenance.
(4) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau of Reclamation at a Reclamation project.
(5) Reclamation project.--The term ``Reclamation project''
means a project that is owned by the Bureau of Reclamation,
including all reserved works and transferred works owned by the
Bureau of Reclamation.
(6) Reserved works.--The term ``reserved works'' means
buildings, structures, facilities, or equipment that are owned
by the Bureau of Reclamation for which operations and
maintenance are performed by employees of the Bureau of
Reclamation or through a contract entered into by the Bureau of
Reclamation, regardless of the source of funding for the
operations and maintenance.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Transferred works.--The term ``transferred works''
means a Reclamation facility at which operations and
maintenance of the facility is carried out by a non-Federal
entity under the provisions of a formal operations and
maintenance transfer contract or other legal agreement with the
Bureau of Reclamation.
SEC. 124. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to Congress an Asset Management
Report that--
(1) describes the efforts of the Bureau of Reclamation--
(A) to maintain in a reliable manner all reserved
works at Reclamation facilities; and
(B) to standardize and streamline data reporting
and processes across regions and areas for the purpose
of maintaining reserved works at Reclamation
facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the extent practicable, an itemized list of
major repair and rehabilitation needs of individual
Reclamation facilities at each Reclamation project.
(2) Inclusions.--To the extent practicable, the itemized
list of major repair and rehabilitation needs under paragraph
(1)(B) shall include--
(A) a budget level cost estimate of the
appropriations needed to complete each item; and
(B) an assignment of a categorical rating for each
item, consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings
under paragraph (2)(B) shall be--
(i) consistent with existing uniform
categorization systems to inform the annual
budget process and agency requirements; and
(ii) subject to the guidance and
instructions issued under subparagraph (B).
(B) Guidance.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
issue guidance that describes the applicability of the
rating system applicable under paragraph (2)(B) to
Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publicly available, including on
the Internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--The Secretary may exclude from the
public version of the Asset Management Report made available
under paragraph (4) any information that the Secretary
identifies as sensitive or classified, but shall make available
to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives a version of the report containing the
sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on which the
Asset Management Report is submitted under subsection (a) and
biennially thereafter, the Secretary shall update the Asset Management
Report, subject to the requirements of section 125(b)(2).
(d) Consultation.--To the extent that such consultation would
assist the Secretary in preparing the Asset Management Report under
subsection (a) and updates to the Asset Management Report under
subsection (c), the Secretary shall consult with--
(1) the Secretary of the Army (acting through the Chief of
Engineers); and
(2) water and power contractors.
SEC. 125. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS.
(a) In General.--The Secretary shall coordinate with the non-
Federal entities responsible for the operation and maintenance of
transferred works in developing reporting requirements for Asset
Management Reports with respect to major repair and rehabilitation
needs for transferred works that are similar to the reporting
requirements described in section 124(b).
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau of Reclamation, the Secretary
shall develop and implement a rating system for transferred
works that incorporates, to the maximum extent practicable, the
rating system for major repair and rehabilitation needs for
reserved works developed under section 124(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 124(c).
SEC. 126. OFFSET.
Notwithstanding any other provision of law, in the case of the
project authorized by section 1617 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the
maximum amount of the Federal share of the cost of the project under
section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise
available as of the date of enactment of this Act shall be reduced by
$2,000,000.
Subtitle D--Water Supply Permitting Act
SEC. 131. SHORT TITLE.
This subtitle may be cited as the ``Water Supply Permitting
Coordination Act''.
SEC. 132. DEFINITIONS.
In this subtitle:
(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 133(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.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 133. 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 subtitle 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. 134. BUREAU RESPONSIBILITIES.
(a) In General.--The principal responsibilities of the Bureau under
this subtitle 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 135.
SEC. 135. 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 134.
(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. 136. 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) In general.--In carrying out this section, the
Secretary shall ensure that the use of funds accepted under
subsection (a) will not substantively or procedurally impact
impartial decisionmaking with respect to permits.
(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 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.
(3) Impartial decisionmaking.--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
decisionmaking 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)(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.
Subtitle E--Bureau of Reclamation Project Streamlining Act
SEC. 141. SHORT TITLE.
This subtitle may be cited as the ``Bureau of Reclamation Project
Streamlining Act''.
SEC. 142. DEFINITIONS.
In this subtitle:
(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, a project under the purview of title XVI of Public Law
102-575, or a rural water supply project investigated under
Public Law 109-451 to be carried out, funded or operated in
whole or in part 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 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 that would be integrated into a larger
system owned, operated or administered in whole or in part by
the Bureau of Reclamation.
SEC. 143. 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 this 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 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 145;
(2) convene a meeting of all Federal, tribal, and State
agencies identified under section 145(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 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 period of time required 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. 144. 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. 145. PROJECT ACCELERATION.
(a) Applicability.--
(1) In general.--This section shall apply to--
(A) 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.);
(B) the extent determined appropriate by the
Secretary, to other project studies initiated before
the date of 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
nonfederally 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 water projects are
located;
(ii) will create additional water supplies
that support Bureau of Reclamation water
projects; or
(iii) will become integrated into the
operation of Bureau of Reclamation 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) 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 (a) 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 145(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 a successor
regulation), 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
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 Integrated Into Reclamation Systems.--The
Federal lead agency shall serve in that capacity for the entirety of
all non-Federal projects that will be integrated into a larger system
owned, operated or administered in whole or in part by the Bureau of
Reclamation.
(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 the project as a
non-Federal project, including entering into agreements with the non-
Federal sponsor of the project to support the planning, design, and
permitting of the 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
Committee on Energy and Natural Resources of the Senate--
(A) as soon as practicable after the 180-day period
described in subsection (i)(5)(B), an initial notice of
the failure of the Federal agency to make the decision;
and
(B) every 60 days thereafter until the date on
which 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.
(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) 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 (or 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
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 a 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 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.
(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 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 a successor regulation), 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. 146. ANNUAL REPORT TO CONGRESS.
(a) Definition of Project Report.--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.
(b) Reports.--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 Water Project Development'', that identifies the
following:
(1) Project reports.--Each project report that meets the
criteria established in subsection (d)(1)(A).
(2) Proposed project studies.--Any proposed project study
submitted to the Secretary by a non-Federal interest pursuant
to subsection (c) that meets the criteria established in
subsection (d)(1)(A).
(3) Proposed modifications.--Any proposed modification to
an authorized water project or project study that meets the
criteria established in subsection (d)(1)(A) that--
(A) is submitted to the Secretary by a non-Federal
interest pursuant to subsection (c); 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 144.
(c) 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 Committee on Energy and Natural
Resources of the Senate.
(d) 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;
(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 maximum
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 (c); 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 (c) 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.
(e) 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 (c)(1); and
(2) include in such notice a requirement that non-Federal
interests submit to the Secretary any proposals described in
subsection (c)(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.
(f) Publication.--On submission of an annual report to Congress,
the Secretary shall make the annual report publicly available,
including through publication on the Internet.
TITLE II--PROTECTING EXISTING WATER RIGHTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Water Rights Protection Act''.
SEC. 202. 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 or groundwater right filed, permitted, certified,
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 the water to beneficial use,
including water rights perfected or recognized under State law
for federally recognized Indian tribes.
SEC. 203. APPLICABILITY.
This title applies to each action by the Secretary to issue, renew,
amend, or extend any permit, approval, license, lease, allotment,
easement, right-of-way, or other land use or occupancy agreement.
SEC. 204. PROHIBITIONS.
In carrying out an action described in section 203, the Secretary
shall not condition or withhold the action, in whole or in part, on--
(1) the transfer of any State water right (including such
water rights of joint and sole ownership), directly or
indirectly, to the United States or any other designee;
(2) the acquisition of a State water right in the name of
the United States;
(3) limiting the date, time, quantity, location of
diversion or pumping, or place of use of a State water right
beyond any applicability limitations under State water law;
<DELETED> (4) limiting the date, time, quantity, location of
diversion or pumping, or place of use of a State water right
based on jurisdiction over groundwater resources, unless the
limitation imposes no greater restriction to a State water
right than an applicable State law governing groundwater
resources; or</DELETED>
(5) the modification of the terms and conditions water
right beyond any applicable limitations under State water law;
or
(4) the modification of the terms and conditions of
groundwater withdrawal, guidance and reporting procedures, and
conservation and source protection measures established by a
State.
SEC. 205. POLICY DEVELOPMENT.
In developing any rule, policy, directive, management plan, or
similar Federal action relating to an action described in section 203,
the Secretary--
(1) shall--
(A) recognize the longstanding authority of the
States relating to evaluating, protecting, allocating,
regulating, and adjudicating issues relating to
groundwater; 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 groundwater law; and
(2) shall not--
(A) adversely affect--
(i) the authority of a State in
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. 206. EFFECT OF TITLE.
(a) Effect on Reclamation Contracts.--Nothing in this title
interferes with any Bureau of Reclamation contract entered into
pursuant to the reclamation laws or any water right perfected for a
Federal reclamation project.
(b) Effect on Endangered Species Act.--Nothing in this title
affects the implementation of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(c) Effect on Federal Reserved Water Rights.--Nothing in this title
limits or expands any reserved water right of the Federal Government on
land administered by the Secretary.
(d) Effect on Federal Power Act.--Nothing in this title limits or
expands any authority under section 4(e), 10(j), or 18 of the Federal
Power Act (16 U.S.C. 797(e), 803(j), 811).
(e) Effect on Indian Water Rights.--Nothing in this title limits or
expands any water right or treaty right of any federally recognized
Indian tribe.
(f) Effect on Federally Held State Water Rights.--Nothing in this
title limits the ability of the Secretary to acquire, use, enforce, or
protect a State water right owned by the United States through
applicable State procedures.
(g) Effect on Joint Ownership.--Nothing in this title limits the
ability of the owner of a State water right to enter into a voluntary
agreement with the Secretary for joint ownership of the State water
right, subject to the condition that the joint ownership shall not be a
condition of any action described in section 203.
TITLE III--COMPLETING AND MAINTAINING RURAL WATER SUPPLY INFRASTRUCTURE
Subtitle A--Irrigation Rehabilitation and Renovation for Indian Tribal
Governments and Economies
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ``Irrigation Rehabilitation and
Renovation for Indian Tribal Governments and Their Economies Act'' or
the ``IRRIGATE Act''.
SEC. 302. DEFINITIONS.
In this subtitle:
(1) Deferred maintenance.--The term ``deferred
maintenance'' means any maintenance activity that was delayed
to a future date, in lieu of being carried out at the time at
which the activity was scheduled to be, or otherwise should
have been, carried out.
(2) Fund.--The term ``Fund'' means the Indian Irrigation
Fund established by section 311.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
PART I--INDIAN IRRIGATION FUND
SEC. 311. ESTABLISHMENT.
There is established in the Treasury of the United States a fund,
to be known as the ``Indian Irrigation Fund'', consisting of--
(1) such amounts as are deposited in the Fund under section
313; and
(2) any interest earned on investment of amounts in the
Fund under section 315.
SEC. 312. DEPOSITS TO FUND.
(a) In General.--For each of fiscal years 2017 through 2038, the
Secretary of the Treasury shall deposit in the Fund $35,000,000
$30,900,000 of the revenues that would otherwise be deposited for the
fiscal year in the reclamation fund established by the first section of
the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
(b) Availability of Amounts.--Amounts deposited in the Fund under
subsection (a) shall be used, subject to appropriation, to carry out
this subtitle.
SEC. 313. EXPENDITURES FROM FUND.
(a) In General.--Subject to subsection (b), for each of fiscal
years 2017 through 2038, the Secretary may, to the extent provided in
advance in appropriations Acts, expend from the Fund, in accordance
with this subtitle, not more than the sum of--
(1) $35,000,000 $30,900,000; and
(2) the amount of interest accrued in the Fund.
(b) Additional Expenditures.--The Secretary may expend more than
$35,000,000 $30,900,000 for any fiscal year referred to in subsection
(a) if the additional amounts are available in the Fund as a result of
a failure of the Secretary to expend all of the amounts available under
subsection (a) in one or more prior fiscal years.
SEC. 314. INVESTMENTS OF AMOUNTS.
(a) In General.--The Secretary of the Treasury shall invest such
portion of the Fund as is not, in the judgment of the Secretary,
required to meet current withdrawals.
(b) Credits to Fund.--The interest on, and the proceeds from the
sale or redemption of, any obligations held in the Fund shall be
credited to, and form a part of, the Fund.
SEC. 315. TRANSFERS OF AMOUNTS.
(a) In General.--The amounts required to be transferred to the Fund
under this part shall be transferred at least monthly from the general
fund of the Treasury to the Fund on the basis of estimates made by the
Secretary of the Treasury.
(b) Adjustments.--Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates are in excess of
or less than the amounts required to be transferred.
SEC. 316. TERMINATION.
On September 30, 2038--
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund
shall be transferred to the reclamation fund established by the
first section of the Act of June 17, 1902 (32 Stat. 388,
chapter 1093).
PART II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN
IRRIGATION PROJECTS
SEC. 321. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN
IRRIGATION PROJECTS.
(a) In General.--The Secretary shall establish a program to address
the deferred maintenance and water storage needs of Indian irrigation
projects that--
(1) create risks to public or employee safety or natural or
cultural resources; and
(2) unduly impede the management and efficiency of the
Indian irrigation program.
(b) Funding.--Consistent with section 313, the Secretary shall use
or transfer to the Bureau of Indian Affairs not less than $35,000,000
$30,900,000 of amounts in the Fund, plus accrued interest, for each of
fiscal years 2017 through 2038 to carry out maintenance, repair,
replacement, and water storage construction activities for one or more
of the Indian irrigation projects described in section 322 (including
any structures, facilities, equipment, personnel, or vehicles used in
connection with the operation of those projects), subject to the
condition that the funds expended under this part shall not be--
(1) subject to reimbursement by the owners of the land
served by the Indian irrigation projects; or
(2) assessed as debts or liens against the land served by
the Indian irrigation projects.
SEC. 322. ELIGIBLE PROJECTS.
The projects eligible for funding under section 321(b) are the
Indian irrigation projects in the western United States that, on the
date of enactment of this Act--
(1) 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);
(2) are managed and operated by the Bureau of Indian
Affairs (including projects managed, operated, or maintained
under contracts or compacts pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.)); and
(3) have deferred maintenance documented by the Bureau of
Indian Affairs.
SEC. 323. REQUIREMENTS AND CONDITIONS.
Not later than 120 days after the date of enactment of this Act and
as a precondition to amounts being expended from the Fund to carry out
this part, the Secretary, in consultation with the Assistant Secretary
for Indian Affairs and representatives of affected Indian tribes, shall
develop and submit to Congress--
(1) programmatic goals to carry out this part that--
(A) would enable the completion of repairing,
replacing, modernizing, or performing maintenance on
projects as expeditiously as possible;
(B) facilitate or improve the ability of the Bureau
of Indian Affairs to carry out the mission of the
Bureau of Indian Affairs in operating a project;
(C) ensure that the results of government-to-
government consultation required under section 325 be
addressed; and
(D) would facilitate the construction of new water
storage using non-Federal contributions to address
tribal, regional, and watershed-level supply needs; and
(2) funding prioritization criteria to serve as a
methodology for distributing funds under this part, that take
into account--
(A) the extent to which deferred maintenance of
qualifying irrigation projects poses a threat to public
or employee safety or health;
(B) the extent to which deferred maintenance poses
a threat to natural or cultural resources;
(C) the extent to which deferred maintenance poses
a threat to the ability of the Bureau of Indian Affairs
to carry out the mission of the Bureau of Indian
Affairs in operating the project;
(D) the extent to which repairing, replacing,
modernizing, or performing maintenance on a facility or
structure will--
(i) improve public or employee safety,
health, or accessibility;
(ii) assist in compliance with codes,
standards, laws, or other requirements;
(iii) address unmet needs; and
(iv) assist in protecting natural or
cultural resources;
(E) the methodology of the rehabilitation priority
index of the Secretary, as in effect on the date of
enactment of this Act;
(F) the potential economic benefits of the
expenditures on job creation and general economic
development in the affected tribal communities;
(G) the ability of the qualifying project to
address tribal, regional, and watershed level water
supply needs; and
(H) such other factors as the Secretary determines
to be appropriate to prioritize the use of available
funds that are, to the fullest extent practicable,
consistent with tribal and user recommendations
received pursuant to the consultation and input process
under section 325.
SEC. 324. STUDY OF INDIAN IRRIGATION PROGRAM AND PROJECT MANAGEMENT.
(a) Tribal Consultation and Other Input.--Before beginning to
conduct the study required under subsection (b), the Secretary shall--
(1) consult with the Indian tribes that have jurisdiction
over the land on which an irrigation project eligible to
receive funding under section 322 is located; and
(2) solicit and consider the input, comments, and
recommendations of--
(A) the landowners served by the irrigation
project; and
(B) irrigators from adjacent irrigation districts.
(b) Study.--Not later than 2 years after the date of enactment of
this Act, the Secretary of the Interior, acting through the Assistant
Secretary for Indian Affairs, shall complete a study that evaluates
options for improving programmatic and project management and
performance of irrigation projects managed and operated in whole or in
part by the Bureau of Indian Affairs.
(c) Report.--On completion of the study under subsection (b), the
Secretary of the Interior, acting through the Assistant Secretary for
Indian Affairs, shall submit to the Committee on Indian Affairs of the
Senate and the Committee on Natural Resources of the House of
Representatives a report that--
(1) describes the results of the study;
(2) determines the cost to financially sustain each
project;
(3) recommends whether management of each project could be
improved by transferring management responsibilities to other
Federal agencies or water user groups; and
(4) includes recommendations for improving programmatic and
project management and performance--
(A) in each qualifying project area; and
(B) for the program as a whole.
(d) Status Report.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than every 2 years
thereafter, the Secretary of the Interior, acting through the Assistant
Secretary for Indian Affairs, shall submit to the Committee on Indian
Affairs of the Senate and the Committee on Natural Resources of the
House of Representatives a report that includes a description of--
(1) the progress made toward addressing the deferred
maintenance needs of the Indian irrigation projects described
in section 322, including a list of projects funded during the
fiscal period covered by the report;
(2) the outstanding needs of those projects that have been
provided funding to address the deferred maintenance needs
pursuant to this part;
(3) the remaining needs of any of those projects;
(4) how the goals established pursuant to section 323 have
been met, including--
(A) an identification and assessment of any
deficiencies or shortfalls in meeting those goals; and
(B) a plan to address the deficiencies or
shortfalls in meeting those goals; and
(5) any other subject matters the Secretary of the
Interior, to the maximum extent practicable consistent with
tribal and user recommendations received pursuant to the
consultation and input process under this section, determines
to be appropriate.
SEC. 325. TRIBAL CONSULTATION AND USER INPUT.
Before expending funds on an Indian irrigation project pursuant to
section 321 and not later than 120 days after the date of enactment of
this Act, the Secretary shall--
(1) consult with the Indian tribe that has jurisdiction
over the land on which an irrigation project eligible to
receive funding under section 322 is located; and
(2) solicit and consider the input, comments, and
recommendations of--
(A) the landowners served by the irrigation
project; and
(B) irrigators from adjacent irrigation districts.
SEC. 326. ALLOCATION AMONG PROJECTS.
(a) In General.--Subject to subsection (b), to the maximum extent
practicable, the Secretary shall ensure that, for each of fiscal years
2017 through 2038, each Indian irrigation project eligible for funding
under section 322 that has critical maintenance needs receives part of
the funding under section 321 to address critical maintenance needs.
(b) Priority.--In allocating amounts under section 321(b), in
addition to considering the funding priorities described in section
323, the Secretary shall give priority to eligible Indian irrigation
projects serving more than 1 Indian tribe within an Indian reservation
and to projects for which funding has not been made available during
the 10-year period ending on the day before the date of enactment of
this Act under any other Act of Congress that expressly identifies the
Indian irrigation project or the Indian reservation of the project to
address the deferred maintenance, repair, or replacement needs of the
Indian irrigation project.
(c) Cap on Funding.--
(1) In general.--Subject to paragraph (2), in allocating
amounts under section 321(b), the Secretary shall allocate not
more than $15,000,000 to any individual Indian irrigation
project described in section 322 during any consecutive 3-year
period.
(2) Exception.--Notwithstanding the cap described in
paragraph (1), if the full amount under section 321(b) cannot
be fully allocated to eligible Indian irrigation projects
because the costs of the remaining activities authorized in
section 321(b) of an irrigation project would exceed the cap
described in paragraph (1), the Secretary may allocate the
remaining funds to eligible Indian irrigation projects in
accordance with this part.
(d) Basis of Funding.--Any amounts made available under this
section shall be nonreimbursable.
(e) Applicability of ISDEAA.--The Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) shall apply to
activities carried out under this section.
Subtitle B--Clean Water for Rural Communities
SEC. 331. SHORT TITLE.
This subtitle may be cited as the ``Clean Water for Rural
Communities Act''.
SEC. 332. PURPOSE.
The purpose of this subtitle is to ensure a safe and adequate
municipal, rural, and industrial water supply for the citizens of--
(1) Dawson, Garfield, McCone, Prairie, Richland, Judith
Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and
Musselshell Counties in the State of Montana; and
(2) McKenzie County, North Dakota.
SEC. 333. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Western Area Power Administration.
(2) Authority.--The term ``Authority'' means--
(A) in the case of the Dry-Redwater Regional Water
Authority System--
(i) the Dry-Redwater Regional Water
Authority, which is a publicly owned nonprofit
water authority formed in accordance with Mont.
Code Ann. Sec. 75-6-302 (2007); and
(ii) any nonprofit successor entity to the
Authority described in clause (i); and
(B) in the case of the Musselshell-Judith Rural
Water System--
(i) the Central Montana Regional Water
Authority, which is a publicly owned nonprofit
water authority formed in accordance with Mont.
Code Ann. Sec. 75-6-302 (2007); and
(ii) any nonprofit successor entity to the
Authority described in clause (i).
(3) Dry-redwater regional water authority system.--The term
``Dry-Redwater Regional Water Authority System'' means the Dry-
Redwater Regional Water Authority System authorized under
section 334(a)(1) with a project service area that includes--
(A) Garfield and McCone Counties in the State;
(B) the area west of the Yellowstone River in
Dawson and Richland Counties in the State;
(C) T. 15 N. (including the area north of the
Township) in Prairie County in the State; and
(D) the portion of McKenzie County, North Dakota,
that includes all land that is located west of the
Yellowstone River in the State of North Dakota.
(4) Integrated system.--The term ``integrated system''
means the transmission system owned by the Western Area Power
Administration Basin Electric Power District and the Heartland
Consumers Power District.
(5) Musselshell-judith rural water system.--The term
``Musselshell-Judith Rural Water System'' means the
Musselshell-Judith Rural Water System authorized under section
334(a)(2) with a project service area that includes--
(A) Judith Basin, Wheatland, Golden Valley, and
Musselshell Counties in the State;
(B) the portion of Yellowstone County in the State
within 2 miles of State Highway 3 and within 4 miles of
the county line between Golden Valley and Yellowstone
Counties in the State, inclusive of the Town of
Broadview, Montana; and
(C) the portion of Fergus County in the State
within 2 miles of US Highway 87 and within 4 miles of
the county line between Fergus and Judith Basin
Counties in the State, inclusive of the Town of Moore,
Montana.
(6) Non-federal distribution system.--The term ``non-
Federal distribution system'' means a non-Federal utility that
provides electricity to the counties covered by the Dry-
Redwater Regional Water Authority System.
(7) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River Basin Program (authorized
by section 9 of the Act of December 22, 1944 (commonly known as
the ``Flood Control Act of 1944'') (58 Stat. 891, chapter
665)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Montana.
(10) Water system.--The term ``Water System'' means--
(A) the Dry-Redwater Regional Water Authority
System; and
(B) the Musselshell-Judith Rural Water System.
SEC. 334. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM AND MUSSELSHELL-
JUDITH RURAL WATER SYSTEM.
(a) In General.--The Secretary may carry out--
(1) the project entitled the ``Dry-Redwater Regional Water
Authority System'' in a manner that is substantially in
accordance with the feasibility study entitled ``Dry-Redwater
Regional Water System Feasibility Study'' (including revisions
of the study), which received funding from the Bureau of
Reclamation on September 1, 2010; and
(2) the project entitled the ``Musselshell-Judith Rural
Water System'' in a manner that is substantially in accordance
with the feasibility report entitled ``Musselshell-Judith Rural
Water System Feasibility Report'' (including any and all
revisions of the report).
(b) Cooperative Agreement.--The Secretary shall enter into a
cooperative agreement with the Authority to provide Federal assistance
for the planning, design, and construction of the Water Systems.
(c) Cost-Sharing Requirement.--
(1) Federal share.--
(A) In general.--The Federal share of the costs
relating to the planning, design, and construction of
the Water Systems shall not exceed--
(i) in the case of the Dry-Redwater
Regional Water Authority System--
(I) 75 65 percent of the total cost
of the Dry-Redwater Regional Water
Authority System; or
(II) such other lesser amount as
may be determined by the Secretary,
acting through the Commissioner of
Reclamation, in a feasibility report;
or
(ii) in the case of the Musselshell-Judith
Rural Water System, 75 65 percent of the total
cost of the Musselshell-Judith Rural Water
System.
(B) Limitation.--Amounts made available under
subparagraph (A) shall not be returnable or
reimbursable under the reclamation laws.
(2) Use of federal funds.--
(A) General uses.--Subject to subparagraphs (B) and
(C), the Water Systems may use Federal funds made
available to carry out this section for--
(i) facilities relating to--
(I) water pumping;
(II) water treatment; and
(III) water storage;
(ii) transmission pipelines;
(iii) pumping stations;
(iv) appurtenant buildings, maintenance
equipment, and access roads;
(v) any interconnection facility that
connects a pipeline of the Water System to a
pipeline of a public water system;
(vi) electrical power transmission and
distribution facilities required for the
operation and maintenance of the Water System;
(vii) any other facility or service
required for the development of a rural water
distribution system, as determined by the
Secretary; and
(viii) any property or property right
required for the construction or operation of a
facility described in this subsection.
(B) Additional uses.--In addition to the uses
described in subparagraph (A)--
(i) the Dry-Redwater Regional Water
Authority System may use Federal funds made
available to carry out this section for--
(I) facilities relating to water
intake; and
(II) distribution, pumping, and
storage facilities that--
(aa) serve the needs of
citizens who use public water
systems;
(bb) are in existence on
the date of enactment of this
Act; and
(cc) may be purchased,
improved, and repaired in
accordance with a cooperative
agreement entered into by the
Secretary under subsection (b);
and
(ii) the Musselshell-Judith Rural Water
System may use Federal funds made available to
carry out this section for--
(I) facilities relating to--
(aa) water supply wells;
and
(bb) distribution
pipelines; and
(II) control systems.
(C) Limitation.--Federal funds made available to
carry out this section shall not be used for the
operation, maintenance, or replacement of the Water
Systems.
(D) Title.--Title to the Water Systems shall be
held by the Authority.
SEC. 335. USE OF POWER FROM PICK-SLOAN PROGRAM BY DRY-REDWATER REGIONAL
WATER AUTHORITY SYSTEM.
(a) Finding.--Congress finds that--
(1) McCone and Garfield Counties in the State were
designated as impact counties during the period in which the
Fort Peck Dam was constructed; and
(2) as a result of the designation, the Counties referred
to in paragraph (1) were to receive impact mitigation benefits
in accordance with the Pick-Sloan program.
(b) Availability of Power.--
(1) In general.--Subject to paragraph (2), the
Administrator shall make available to the Dry-Redwater Regional
Water Authority System a quantity of power required, of up to
1\1/2\ megawatt capacity, to meet the pumping and incidental
operation requirements of the Dry-Redwater Regional Water
Authority System during the period beginning on May 1 and
ending on October 31 of each year--
(A) from the water intake facilities; and
(B) through all pumping stations, water treatment
facilities, reservoirs, storage tanks, and pipelines up
to the point of delivery of water by the water supply
system to all storage reservoirs and tanks and each
entity that distributes water at retail to individual
users.
(2) Eligibility.--The Dry-Redwater Regional Water Authority
System shall be eligible to receive power under paragraph (1)
if the Dry-Redwater Regional Water Authority System--
(A) operates on a not-for-profit basis; and
(B) is constructed pursuant to a cooperative
agreement entered into by the Secretary under section
334(b).
(3) Rate.--The Administrator shall establish the cost of
the power described in paragraph (1) at the firm power rate.
(4) Additional power.--
(A) In general.--If power, in addition to that made
available to the Dry-Redwater Regional Water Authority
System under paragraph (1), is necessary to meet the
pumping requirements of the Dry-Redwater Regional Water
Authority, the Administrator may purchase the necessary
additional power at the best available rate.
(B) Reimbursement.--The cost of purchasing
additional power shall be reimbursed to the
Administrator by the Dry-Redwater Regional Water
Authority.
(5) Responsibility for power charges.--The Dry-Redwater
Regional Water Authority shall be responsible for the payment
of the power charge described in paragraph (4) and non-Federal
delivery costs described in paragraph (6).
(6) Transmission arrangements.--
(A) In general.--The Dry-Redwater Regional Water
Authority System shall be responsible for all non-
Federal transmission and distribution system delivery
and service arrangements.
(B) Upgrades.--The Dry-Redwater Regional Water
Authority System shall be responsible for funding any
transmission upgrades, if required, to the integrated
system necessary to deliver power to the Dry-Redwater
Regional Water Authority System.
SEC. 336. WATER RIGHTS.
Nothing in this subtitle--
(1) preempts or affects any State water law; or
(2) affects any authority of a State, as in effect on the
date of enactment of this Act, to manage water resources within
that State.
SEC. 337. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to carry out the planning, design, and construction of
the Water Systems, substantially in accordance with the cost estimate
set forth in the applicable feasibility study or feasibility report
described in section 334(a).
(b) Cost Indexing.--
(1) In general.--The amount authorized to be appropriated
under subsection (a) may be increased or decreased in
accordance with ordinary fluctuations in development costs
incurred after the applicable date specified in paragraph (2),
as indicated by any available engineering cost indices
applicable to construction activities that are similar to the
construction of the Water Systems.
(2) Applicable dates.--The date referred to in paragraph
(1) is--
(A) in the case of the Dry-Redwater Regional Water
Authority System, January 1, 2008; and
(B) in the case of the Musselshell-Judith Rural
Water Authority System, November 1, 2014.
TITLE IV--OFFSET
SEC. 401. ACCELERATED REVENUE, REPAYMENT, AND SURFACE WATER STORAGE
ENHANCEMENT.
(a) Short Title.--This section may be cited as the ``Accelerated
Revenue, Repayment, and Surface Water Storage Enhancement Act''.
(b) Definitions.--In this section:
(1) Construction.--
(A) In general.--The term ``construction'' means
the designing, materials engineering and testing,
surveying, and building of surface water storage.
(B) Inclusions.--The term ``construction''
includes--
(i) any addition to existing surface water
storage; and
(ii) construction of a new surface water
storage facility.
(C) Exclusions.--The term ``construction'' excludes
any Federal statutory or regulatory obligation relating
to any permit, review, approval, or other similar
requirement.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Surface water storage.--The term ``surface water
storage'' means storage at--
(A) any federally owned facility under the
jurisdiction of the Bureau of Reclamation; or
(B) any non-Federal facility used for the surface
storage and supply of water resources.
(4) Treasury rate.--The term ``Treasury rate'' means the
20-year constant maturity treasury rate published by the United
States Treasury, as in existence on the effective date of the
applicable contract.
(5) Water users association.--
(A) In general.--The term ``water users
association'' means an entity organized and recognized
under State law that is eligible to enter into
contracts with the Commissioner--
(i) to receive contract water for delivery
to users of the water; and
(ii) to pay any applicable charges.
(B) Inclusions.--The term ``water users
association'' includes--
(i) an association;
(ii) a conservatory district;
(iii) an irrigation district;
(iv) a municipality; and
(v) a water project contract unit.
(c) Conversion and Prepayment of Contracts.--
(1) Conversion.--
(A) In general.--On receipt of a request from a
water users association, the Secretary shall convert
any water service contract between the United States
and the water users association to allow for prepayment
of the repayment contract in accordance with this
paragraph under mutually agreeable terms and
conditions.
(B) Manner.--The manner of conversion under this
paragraph shall be as follows:
(i) Water service contracts entered under
section 9(c)(2) of the Act of August 4, 1939
(53 Stat. 1194, chapter 418), to be converted
under this section shall be converted to a
contract under section 9(c)(1) of that Act (53
Stat. 1194, chapter 418).
(ii) Water service contracts entered into
under section 9(e) of the Act of August 4, 1939
(53 Stat. 1196, chapter 418), to be converted
under this section shall be converted to
repayment contracts under section 9(d) of that
Act (53 Stat. 1195, chapter 418).
(2) Prepayment.--
(A) Section 9(c)(1).--Except for a repayment
contract under which the applicable water users
association has previously negotiated for prepayment,
each repayment contract under section 9(c)(1) of the
Act of August 4, 1939 (53 Stat. 1194, chapter 418)
(including any contract converted pursuant to paragraph
(1)(B)(i)), in effect on the date of enactment of this
Act shall, at the request of the water users
association--
(i) provide for the repayment in lump sum
of the remaining construction costs identified
in an applicable water project-specific
municipal or industrial rate repayment schedule
(as adjusted to reflect payment not reflected
in the schedule) and properly assignable for
ultimate return by the water users association,
subject to the condition that an estimate of
the remaining construction costs, as adjusted,
shall be provided by the Secretary to the water
users association by not later than 90 days
after the date of receipt of the request of the
water users association;
(ii) require that any construction costs or
other capitalized costs that were incurred
after the effective date of the contract, were
not reflected in the rate schedule referred to
in clause (i), or were not properly assignable
to the water users association, and were
incurred as a result of a collective annual
allocation of capital costs to the water users
association electing contract conversion under
this subsection, shall be repaid--
(I) for costs equal to less than
$5,000,000, by not later than the date
that is 5 years after the date of
notification of the allocation; or
(II) for costs equal to $5,000,000
or more, in accordance with applicable
reclamation laws; and
(iii) continue in effect for the period
during which the water users association pays
applicable charges in accordance with section
9(c)(1) of the Act of August 4, 1939 (53 Stat.
1194, chapter 418), and other applicable law.
(B) Section 9(d).--Except for a repayment contract
under which the applicable water users association has
previously negotiated for prepayment, each repayment
contract under section 9(d) of the Act of August 4,
1939 (53 Stat. 1195, chapter 418) (including any
contract converted pursuant to paragraph (1)(B)(ii)),
in effect on the date of enactment of this Act shall,
at the request of the water users association--
(i) provide for repayment of the remaining
construction costs identified in an applicable
water project-specific irrigation rate
repayment schedule (as adjusted to reflect
payment not reflected in the schedule) and
properly assignable for ultimate return by the
water users association in lump sum, by
accelerated prepayment, or if made in
approximately equal installments, by not later
than 3 years after the effective date of the
repayment contract, subject to the conditions
that--
(I) the amount shall be discounted
by \1/2\ the Treasury rate; and
(II) the estimate of the remaining
construction costs, as adjusted, shall
be provided by the Secretary to the
water users association by not later
than 90 days after the date of receipt
of the request of the water users
association;
(ii) require that any construction costs or
other capitalized costs that were incurred
after the effective date of the contract, were
not reflected in the rate schedule referred to
in clause (i), or were not properly assignable
to the water users association, and were
incurred as a result of a collective annual
allocation of capital costs to the water users
association electing contract conversion under
this subsection, shall be repaid--
(I) for costs equal to less than
$5,000,000, by not later than the date
that is 5 years after the date of
notification of the allocation; or
(II) for costs equal to $5,000,000
or more, in accordance with applicable
reclamation laws;
(iii) provide that power revenues will not
be available to aid in repayment of
construction costs allocated to irrigation
under the contract; and
(iv) continue in effect for the period
during which the water users association pays
applicable charges in accordance with section
9(d) of the Act of August 4, 1939 (53 Stat.
1195, chapter 418), and other applicable law.
(3) Treatment.--A contract entered into pursuant to this
subsection--
(A) shall not be adjusted on the basis of the type
of prepayment financing used by the applicable water
users association;
(B) shall conform to any other applicable
agreement, such as a settlement agreement or a new
constructed appurtenant facility agreement; and
(C) shall not modify any other--
(i) water service, repayment, exchange, or
transfer contractual right between the water
users association, and the Bureau of
Reclamation; or
(ii) right, obligation, or relationship of
the water users association and an applicable
landowner in accordance with State law.
(d) Accounting.--
(1) Adjustment.--The amounts paid pursuant to subsection
(c) shall be subject to adjustment following a final cost
allocation by the Secretary.
(2) Deficiencies.--
(A) In general.--If the final cost allocation under
paragraph (1) indicates that the costs properly
assignable to a water users association are greater
than the costs paid by the water users association, the
water users association shall be obligated to pay to
the Secretary the remaining allocated costs under an
additional repayment contract under subparagraph (B).
(B) Additional repayment contracts.--An additional
repayment contract required by subparagraph (A) shall--
(i) have a term of--
(I) not less than 1 year; and
(II) not more than 10 years; and
(ii) include such mutually agreeable
provisions regarding the rate of repayment of
the deficient amount as may be developed by the
parties.
(3) Overpayments.--If the final cost allocation under
paragraph (1) indicates that the costs properly assignable to a
water users association are less than the costs paid by the
water users association, the Secretary shall credit the amount
of the overpayment as an offset against any outstanding or
future obligation of the water users association with the
exception of Restoration Fund charges pursuant to section
3407(d) of Public Law 102-575 (106 Stat. 4727).
(e) Applicability of Certain Provisions.--
(1) Effect of existing law.--On compliance by a water users
association with, and discharge of the obligation of repayment
of the construction costs pursuant to, a contract entered into
under to subsection (c)(2)(B), subsections (a) and (b) of
section 213 of the Reclamation Reform Act of 1982 (43 U.S.C.
390mm) shall apply to any affected land.
(2) Effect of other obligations.--The obligation of a water
users association to repay any construction costs or other
capitalized cost described in subparagraph (A)(ii) or (B)(ii)
of subsection (c)(2), or subsection (d), shall not, on
repayment, affect--
(A) the status of the water users association as
having repaid all of the construction costs assignable
to the water users association; or
(B) the applicability of subsection (a) or (b) of
section 213 of the Reclamation Reform Act of 1982 (43
U.S.C. 390mm).
(f) Effect of Section.--Nothing in this section--
(1) alters the repayment obligation of any water service or
repayment contractor receiving water from a water project, or
shifts any costs that would otherwise have been properly
assignable to a water users association described in subsection
(c) or another contractor, absent this section, including
operation and maintenance costs, construction costs, or other
capitalized costs incurred after the date of enactment of this
Act;
(2) alters any specific requirement for the disposition of
amounts received as repayments by the Secretary under the
reclamation laws; or
(3) except as expressly provided in this section, alters
any obligations under the reclamation law, including the
continuation of Restoration Fund charges pursuant to section
3407(d) of Public Law 102-575 (106 Stat. 4727), of the water
service and repayment contractors making prepayments pursuant
to this section.
Calendar No. 631
114th CONGRESS
2d Session
S. 2902
[Report No. 114-353]
_______________________________________________________________________
A BILL
To provide for long-term water supplies, optimal use of existing water
supply infrastructure, and protection of existing water rights.
_______________________________________________________________________
September 15, 2016
Reported with amendments