[House Report 115-1001]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1001
======================================================================
BUREAU OF RECLAMATION AND BUREAU OF INDIAN AFFAIRS WATER PROJECT
STREAMLINING ACT
_______
November 2, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4419]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4419) to facilitate and streamline the Bureau of
Reclamation and Bureau of Indian Affairs processes for creating
or expanding certain water projects, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the ``Bureau of Reclamation and Bureau of
Indian Affairs Water Project Streamlining Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Environmental impact statement.--The term ``environmental
impact statement'' means the detailed statement of
environmental impacts of a project required to be prepared
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) Environmental review process.--
(A) In general.--The term ``environmental review
process'' means the process of preparing an
environmental impact statement, environmental
assessment, categorical exclusion, or other document
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for a project study.
(B) Inclusions.--The term ``environmental review
process'' includes the process for and completion of
any environmental permit, approval, review, or study
required for a project study under any Federal law
other than the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(3) Federal jurisdictional agency.--The term ``Federal
jurisdictional agency'' means a Federal agency with
jurisdiction delegated by law, regulation, order, or otherwise
over a review, analysis, opinion, statement, permit, license,
or other approval or decision required for a project study
under applicable Federal laws (including regulations).
(4) Federal lead agency.--The term ``Federal lead agency''
means the Bureau of Reclamation or Bureau of Indian Affairs.
(5) Project.--The term ``project'' means--
(A) a surface water project, a project under the
purview of title XVI of Public Law 102-575, a rural
water supply project investigated under Public Law 109-
451, or a Federal portion of an integrated water
resource management plan that has been subject to a
review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and is to be carried out,
funded or operated in whole or in party by the
Secretary pursuant to the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.); or
(B) Indian irrigation projects in the western United
States that, on the date of enactment of this Act, are
owned by the Federal Government, as listed in the
Federal inventory required by Executive Order 13327 (40
U.S.C. 121 note; relating to Federal real property
asset management).
(6) Project sponsor.--The term ``project sponsor'' means a
State, regional, tribal, or local authority or instrumentality
or other qualifying entity, such as a water conservation
district, irrigation district, water conservancy district,
joint powers authority, mutual water company, canal company,
rural water district or association, or any other entity that
has the capacity to contract with the United States under
Federal reclamation law.
(7) Project study.--The term ``project study'' means a
feasibility study for a project carried out pursuant to the Act
of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.).
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(9) Surface water storage.--The term ``surface water
storage'' means any surface water reservoir or impoundment that
would be owned, funded or operated in whole or in part by the
Bureau of Reclamation or the Bureau of Indian Affairs or that
would be integrated into a larger system owned, operated or
administered in whole or in part by the Bureau of Reclamation
or the Bureau of Indian Affairs.
SEC. 3. ACCELERATION OF STUDIES.
(a) In General.--To the extent practicable, a project study initiated
by the Secretary, after the date of enactment of this Act, shall--
(1) result in the completion of a final feasibility report
not later than 3 years after the date of initiation;
(2) have a maximum Federal cost of $3,000,000; and
(3) ensure that personnel from the local project area,
region, and headquarters levels of the Bureau of Reclamation or
the Bureau of Indian Affairs concurrently conduct the review
required under that section.
(b) Extension.--If the Secretary determines that a project study
described in subsection (a) will not be conducted in accordance with
subsection (a), the Secretary, not later than 30 days after the date of
making the determination, shall--
(1) prepare an updated project study schedule and cost
estimate;
(2) notify the non-Federal project cost-sharing partner that
the project study has been delayed; and
(3) provide written notice to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate as to the reasons
the requirements of subsection (a) are not attainable.
(c) Exception.--
(1) In general.--Notwithstanding the requirements of
subsection (a), the Secretary may extend the timeline of a
project study by a period not to exceed 3 years, if the
Secretary determines that the project study is too complex to
comply with the requirements of subsection (a).
(2) Factors.--In making a determination that a study is too
complex to comply with the requirements of subsection (a), the
Secretary shall consider--
(A) the type, size, location, scope, and overall cost
of the project;
(B) whether the project will use any innovative
design or construction techniques;
(C) whether the project will require significant
action by other Federal, State, or local agencies;
(D) whether there is significant public dispute as to
the nature or effects of the project; and
(E) whether there is significant public dispute as to
the economic or environmental costs or benefits of the
project.
(3) Notification.--Each time the Secretary makes a
determination under this subsection, the Secretary shall
provide written notice to the Committee on Natural Resources of
the House of Representatives and the Committees on Energy and
Natural Resources and Indian Affairs of the Senate as to the
results of that determination, including an identification of
the specific one or more factors used in making the
determination that the project is complex.
(4) Limitation.--The Secretary shall not extend the timeline
for a project study for a period of more than 7 years, and any
project study that is not completed before that date shall no
longer be authorized.
(d) Reviews.--Not later than 90 days after the date of the initiation
of a project study described in subsection (a), the Secretary shall--
(1) take all steps necessary to initiate the process for
completing federally mandated reviews that the Secretary is
required to complete as part of the study, including the
environmental review process under section 5;
(2) convene a meeting of all Federal, tribal, and State
agencies identified under section 5(d) that may--
(A) have jurisdiction over the project;
(B) be required by law to conduct or issue a review,
analysis, opinion, or statement for the project study;
or
(C) be required to make a determination on issuing a
permit, license, or other approval or decision for the
project study; and
(3) take all steps necessary to provide information that will
enable required reviews and analyses related to the project to
be conducted by other agencies in a thorough and timely manner.
(e) Interim Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committees on
Energy and Natural Resources and Indian Affairs of the Senate and make
publicly available a report that describes--
(1) the status of the implementation of the planning process
under this section, including the number of participating
projects;
(2) a review of project delivery schedules, including a
description of any delays on those studies initiated prior to
the date of the enactment of this Act; and
(3) any recommendations for additional authority necessary to
support efforts to expedite the project.
(f) Final Report.--Not later than 4 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committees on Energy
and Natural Resources and Indian Affairs of the Senate and make
publicly available a report that describes--
(1) the status of the implementation of this section,
including a description of each project study subject to the
requirements of this section;
(2) the amount of time taken to complete each project study;
and
(3) any recommendations for additional authority necessary to
support efforts to expedite the project study process,
including an analysis of whether the limitation established by
subsection (a)(2) needs to be adjusted to address the impacts
of inflation.
SEC. 4. EXPEDITED COMPLETION OF REPORTS.
The Secretary shall--
(1) expedite the completion of any ongoing project study
initiated before the date of enactment of this Act; and
(2) if the Secretary determines that the project is justified
in a completed report, proceed directly to preconstruction
planning, engineering, and design of the project in accordance
with the Reclamation Act of 1902 (32 Stat. 388), and all Acts
amendatory thereof or supplementary thereto.
SEC. 5. PROJECT ACCELERATION.
(a) Applicability.--
(1) In general.--This section shall apply to--
(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 non-
federally owned and operated surface water storage
project for which the Secretary determines there is a
demonstrable Federal interest and the project--
(i) is located in a river basin where other
Bureau of Reclamation or the Bureau of Indian
Affairs water projects are located;
(ii) will create additional water supplies
that support Bureau of Reclamation or the
Bureau of Indian Affairs water projects; or
(iii) will become integrated into the
operation of Bureau of Reclamation or the
Bureau of Indian Affairs water projects.
(2) Flexibility.--Any authority granted under this section
may be exercised, and any requirement established under this
section may be satisfied, for the conduct of an environmental
review process for a project study, a class of project studies,
or a program of project studies.
(3) List of project studies.--
(A) In general.--The Secretary shall annually
prepare, and make publicly available, a list of all
project studies that the Secretary has determined--
(i) meets the standards described in
paragraph (1); and
(ii) does not have adequate funding to make
substantial progress toward the completion of
the project study.
(B) Inclusions.--The Secretary shall include for each
project study on the list under subparagraph (A) a
description of the estimated amounts necessary to make
substantial progress on the project study.
(b) Project Review Process.--
(1) In general.--The Secretary shall develop and implement a
coordinated environmental review process for the development of
project studies.
(2) Coordinated review.--The coordinated environmental review
process described in paragraph (1) shall require that any
review, analysis, opinion, statement, permit, license, or other
approval or decision issued or made by a Federal, State, or
local governmental agency or an Indian tribe for a project
study described in subsection (b) be conducted, to the maximum
extent practicable, concurrently with any other applicable
governmental agency or Indian tribe.
(3) Timing.--The coordinated environmental review process
under this subsection shall be completed not later than the
date on which the Secretary, in consultation and concurrence
with the agencies identified under section 5(d), establishes
with respect to the project study.
(c) Lead Agencies.--
(1) Joint lead agencies.--
(A) In general.--Subject to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and the requirements of section 1506.8 of
title 40, Code of Federal Regulations (or successor
regulations), including the concurrence of the proposed
joint lead agency, a project sponsor may serve as the
joint lead agency.
(B) Project sponsor as joint lead agency.--A project
sponsor that is a State or local governmental entity
may--
(i) with the concurrence of the Secretary,
serve as a joint lead agency with the Federal
lead agency for purposes of preparing any
environmental document under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(ii) prepare any environmental review process
document under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)
required in support of any action or approval
by the Secretary if--
(I) the Secretary provides guidance
in the preparation process and
independently evaluates that document;
(II) the project sponsor complies
with all requirements applicable to the
Secretary under--
(aa) the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(bb) any regulation
implementing that Act; and
(cc) any other applicable
Federal law; and
(III) the Secretary approves and
adopts the document before the
Secretary takes any subsequent action
or makes any approval based on that
document, regardless of whether the
action or approval of the Secretary
results in Federal funding.
(2) Duties.--The Secretary shall ensure that--
(A) the project sponsor complies with all design and
mitigation commitments made jointly by the Secretary
and the project sponsor in any environmental document
prepared by the project sponsor in accordance with this
subsection; and
(B) any environmental document prepared by the
project sponsor is appropriately supplemented to
address any changes to the project the Secretary
determines are necessary.
(3) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection shall be
adopted and used by any Federal agency making any determination
related to the project study to the same extent that the
Federal agency could adopt or use a document prepared by
another Federal agency under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) parts 1500 through 1508 of title 40, Code of
Federal Regulations (or successor regulations).
(4) Roles and responsibility of lead agency.--With respect to
the environmental review process for any project study, the
Federal lead agency shall have authority and responsibility--
(A) to take such actions as are necessary and proper
and within the authority of the Federal lead agency to
facilitate the expeditious resolution of the
environmental review process for the project study; and
(B) to prepare or ensure that any required
environmental impact statement or other environmental
review document for a project study required to be
completed under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) is completed in
accordance with this section and applicable Federal
law.
(d) Participating and Cooperating Agencies.--
(1) Identification of jurisdictional agencies.--With respect
to carrying out the environmental review process for a project
study, the Secretary shall identify, as early as practicable in
the environmental review process, all Federal, State, and local
government agencies and Indian tribes that may--
(A) have jurisdiction over the project;
(B) be required by law to conduct or issue a review,
analysis, opinion, or statement for the project study;
or
(C) be required to make a determination on issuing a
permit, license, or other approval or decision for the
project study.
(2) State authority.--If the environmental review process is
being implemented by the Secretary for a project study within
the boundaries of a State, the State, consistent with State
law, may choose to participate in the process and to make
subject to the process all State agencies that--
(A) have jurisdiction over the project;
(B) are required to conduct or issue a review,
analysis, opinion, or statement for the project study;
or
(C) are required to make a determination on issuing a
permit, license, or other approval or decision for the
project study.
(3) Invitation.--
(A) In general.--The Federal lead agency shall
invite, as early as practicable in the environmental
review process, any agency identified under paragraph
(1) to become a participating or cooperating agency, as
applicable, in the environmental review process for the
project study.
(B) Deadline.--An invitation to participate issued
under subparagraph (A) shall set a deadline by which a
response to the invitation shall be submitted, which
may be extended by the Federal lead agency for good
cause.
(4) Procedures.--Section 1501.6 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of 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 or the Bureau of Indian Affairs.
(f) Non-Federal Project.--If the Secretary determines that a project
can be expedited by a non-Federal sponsor and that there is a
demonstrable Federal interest in expediting that project, the Secretary
shall take such actions as are necessary to advance such a project as a
non-Federal project, including, but not limited to, entering into
agreements with the non-Federal sponsor of such project to support the
planning, design and permitting of such project as a non-Federal
project.
(g) Programmatic Compliance.--
(1) In general.--The Secretary shall issue guidance regarding
the use of programmatic approaches to carry out the
environmental review process that--
(A) eliminates repetitive discussions of the same
issues;
(B) focuses on the actual issues ripe for analyses at
each level of review;
(C) establishes a formal process for coordinating
with participating and cooperating agencies, including
the creation of a list of all data that are needed to
carry out an environmental review process; and
(D) complies with--
(i) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(ii) all other applicable laws.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) as the first step in drafting guidance under that
paragraph, consult with relevant Federal, State, and
local governmental agencies, Indian tribes, and the
public on the appropriate use and scope of the
programmatic approaches;
(B) emphasize the importance of collaboration among
relevant Federal, State, and local governmental
agencies, and Indian tribes in undertaking programmatic
reviews, especially with respect to including reviews
with a broad geographical scope;
(C) ensure that the programmatic reviews--
(i) promote transparency, including of the
analyses and data used in the environmental
review process, the treatment of any deferred
issues raised by Federal, State, and local
governmental agencies, Indian tribes, or the
public, and the temporal and special scales to
be used to analyze those issues;
(ii) use accurate and timely information in
the environmental review process, including--
(I) criteria for determining the
general duration of the usefulness of
the review; and
(II) the timeline for updating any
out-of-date review;
(iii) describe--
(I) the relationship between
programmatic analysis and future tiered
analysis; and
(II) the role of the public in the
creation of future tiered analysis; and
(iv) are available to other relevant Federal,
State, and local governmental agencies, Indian
tribes, and the public;
(D) allow not fewer than 60 days of public notice and
comment on any proposed guidance; and
(E) address any comments received under subparagraph
(D).
(h) Coordinated Reviews.--
(1) Coordination plan.--
(A) Establishment.--The Federal lead agency shall,
after consultation with and with the concurrence of
each participating and cooperating agency and the
project sponsor or joint lead agency, as applicable,
establish a plan for coordinating public and agency
participation in, and comment on, the environmental
review process for a project study or a category of
project studies.
(B) Schedule.--
(i) In general.--As soon as practicable but
not later than 45 days after the close of the
public comment period on a draft environmental
impact statement, the Federal lead agency,
after consultation with and the concurrence of
each participating and cooperating agency and
the project sponsor or joint lead agency, as
applicable, shall establish, as part of the
coordination plan established in subparagraph
(A), a schedule for completion of the
environmental review process for the project
study.
(ii) Factors for consideration.--In
establishing a schedule, the Secretary shall
consider factors such as--
(I) the responsibilities of
participating and cooperating agencies
under applicable laws;
(II) the resources available to the
project sponsor, joint lead agency, and
other relevant Federal and State
agencies, as applicable;
(III) the overall size and complexity
of the project;
(IV) the overall schedule for and
cost of the project; and
(V) the sensitivity of the natural
and historical resources that could be
affected by the project.
(iii) Modifications.--The Secretary may--
(I) lengthen a schedule established
under clause (i) for good cause; and
(II) shorten a schedule only with
concurrence of the affected
participating and cooperating agencies
and the project sponsor or joint lead
agency, as applicable.
(iv) Dissemination.--A copy of a schedule
established under clause (i) shall be--
(I) provided to each participating
and cooperating agency and the project
sponsor or joint lead agency, as
applicable; and
(II) made available to the public.
(2) Comment deadlines.--The Federal lead agency shall
establish the following deadlines for comment during the
environmental review process for a project study:
(A) Draft environmental impact statements.--For
comments by Federal and State agencies and the public
on a draft environmental impact statement, a period of
not more than 60 days after publication in the Federal
Register of notice of the date of public availability
of the draft environmental impact statement, unless--
(i) a different deadline is established by
agreement of the Federal lead agency, the
project sponsor or joint lead agency, as
applicable, and all participating and
cooperating agencies; or
(ii) the deadline is extended by the Federal
lead agency for good cause.
(B) Other environmental review processes.--For all
other comment periods established by the Federal lead
agency for agency or public comments in the
environmental review process, a period of not more than
30 days after the date on which the materials on which
comment is requested are made available, unless--
(i) a different deadline is established by
agreement of the Federal lead agency, the
project sponsor, or joint lead agency, as
applicable, and all participating and
cooperating agencies; or
(ii) the deadline is extended by the Federal
lead agency for good cause.
(3) Deadlines for decisions under other laws.--In any case in
which a decision under any Federal law relating to a project
study, including the issuance or denial of a permit or license,
is required to be made by the date described in subsection
(i)(5)(B), the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committees on Energy and Natural Resources and Indian Affairs
of the Senate--
(A) as soon as practicable after the 180-day period
described in subsection (i)(5)(B), an initial notice of
the failure of the Federal agency to make the decision;
and
(B) every 60 days thereafter until such date as all
decisions of the Federal agency relating to the project
study have been made by the Federal agency, an
additional notice that describes the number of
decisions of the Federal agency that remain outstanding
as of the date of the additional notice.
(4) Involvement of the public.--Nothing in this subsection
reduces any time period provided for public comment in the
environmental review process under applicable Federal law
(including regulations).
(5) Transparency reporting.--
(A) Reporting requirements.--Not later than 1 year
after the date of enactment of this Act, the Secretary
shall establish and maintain an electronic database
and, in coordination with other Federal and State
agencies, issue reporting requirements to make publicly
available the status and progress with respect to
compliance with applicable requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and any other Federal, State, or local approval
or action required for a project study for which this
section is applicable.
(B) Project study transparency.--Consistent with the
requirements established under subparagraph (A), the
Secretary shall make publicly available the status and
progress of any Federal, State, Tribal, or local
decision, action, or approval required under applicable
laws for each project study for which this section is
applicable.
(i) Issue Identification and Resolution.--
(1) Cooperation.--The Federal lead agency, the cooperating
agencies, and any participating agencies shall work
cooperatively in accordance with this section to identify and
resolve issues that could delay completion of the environmental
review process or result in the denial of any approval required
for the project study under applicable laws.
(2) Federal lead agency responsibilities.--
(A) In general.--The Federal lead agency shall make
information available to the cooperating agencies and
participating agencies as early as practicable in the
environmental review process regarding the
environmental and socioeconomic resources located
within the project area and the general locations of
the alternatives under consideration.
(B) Data sources.--The information under subparagraph
(A) may be based on existing data sources, including
geographic information systems mapping.
(3) Cooperating and participating agency responsibilities.--
Based on information received from the Federal lead agency,
cooperating and participating agencies shall identify, as early
as practicable, any issues of concern regarding the potential
environmental or socioeconomic impacts of the project,
including any issues that could substantially delay or prevent
an agency from granting a permit or other approval that is
needed for the project study.
(4) Accelerated issue resolution and elevation.--
(A) In general.--On the request of a participating or
cooperating agency or project sponsor, the Secretary
shall convene an issue resolution meeting with the
relevant participating and cooperating agencies and the
project sponsor or joint lead agency, as applicable, to
resolve issues that may--
(i) delay completion of the environmental
review process; or
(ii) result in denial of any approval
required for the project study under applicable
laws.
(B) Meeting date.--A meeting requested under this
paragraph shall be held not later than 21 days after
the date on which the Secretary receives the request
for the meeting, unless the Secretary determines that
there is good cause to extend that deadline.
(C) Notification.--On receipt of a request for a
meeting under this paragraph, the Secretary shall
notify all relevant participating and cooperating
agencies of the request, including the issue to be
resolved and the date for the meeting.
(D) Elevation of issue resolution.--If a resolution
cannot be achieved within the 30-day period beginning
on the date of a meeting under this paragraph and a
determination is made by the Secretary that all
information necessary to resolve the issue has been
obtained, the Secretary shall forward the dispute to
the heads of the relevant agencies for resolution.
(E) Convention by secretary.--The Secretary may
convene an issue resolution meeting under this
paragraph at any time, at the discretion of the
Secretary, regardless of whether a meeting is requested
under subparagraph (A).
(5) Financial penalty provisions.--
(A) In general.--A Federal jurisdictional agency
shall complete any required approval or decision for
the environmental review process on an expeditious
basis using the shortest existing applicable process.
(B) Failure to decide.--
(i) In general.--
(I) Transfer of funds.--If a Federal
jurisdictional agency fails to render a
decision required under any Federal law
relating to a project study that
requires the preparation of an
environmental impact statement or
environmental assessment, including the
issuance or denial of a permit,
license, statement, opinion, or other
approval by the date described in
clause (ii), the amount of funds made
available to support the office of the
head of the Federal jurisdictional
agency shall be reduced by an amount of
funding equal to the amount specified
in item (aa) or (bb) of subclause (II),
and those funds shall be made available
to the division of the Federal
jurisdictional agency charged with
rendering the decision by not later
than 1 day after the applicable date
under clause (ii), and once each week
thereafter until a final decision is
rendered, subject to subparagraph (C).
(II) Amount to be transferred.--The
amount referred to in subclause (I)
is--
(aa) $20,000 for any project
study requiring the preparation
of an environmental assessment
or environmental impact
statement; or
(bb) $10,000 for any project
study requiring any type of
review under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
other than an environmental
assessment or environmental
impact statement.
(ii) Description of date.--The date referred
to in clause (i) is the later of--
(I) the date that is 180 days after
the date on which an application for
the permit, license, or approval is
complete; and
(II) the date that is 180 days after
the date on which the Federal lead
agency issues a decision on the project
under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(C) Limitations.--
(i) In general.--No transfer of funds under
subparagraph (B) relating to an individual
project study shall exceed, in any fiscal year,
an amount equal to 1 percent of the funds made
available for the applicable agency office.
(ii) Failure to decide.--The total amount
transferred in a fiscal year as a result of a
failure by an agency to make a decision by an
applicable deadline shall not exceed an amount
equal to 5 percent of the funds made available
for the applicable agency office for that
fiscal year.
(iii) Aggregate.--Notwithstanding any other
provision of law, for each fiscal year, the
aggregate amount of financial penalties
assessed against each applicable agency office
under this Act and any other Federal law as a
result of a failure of the agency to make a
decision by an applicable deadline for
environmental review, including the total
amount transferred under this paragraph, shall
not exceed an amount equal to 9.5 percent of
the funds made available for the agency office
for that fiscal year.
(D) Notification of transfers.--Not later than 10
days after the last date in a fiscal year on which
funds of the Federal jurisdictional agency may be
transferred under subparagraph (B)(5) with respect to
an individual decision, the agency shall submit to the
appropriate committees of the House of Representatives
and the Senate written notification that includes a
description of--
(i) the decision;
(ii) the project study involved;
(iii) the amount of each transfer under
subparagraph (B) in that fiscal year relating
to the decision;
(iv) the total amount of all transfers under
subparagraph (B) in that fiscal year relating
to the decision; and
(v) the total amount of all transfers of the
agency under subparagraph (B) in that fiscal
year.
(E) No fault of agency.--
(i) In general.--A transfer of funds under
this paragraph shall not be made if the
applicable agency described in subparagraph (A)
notifies, with a supporting explanation, the
Federal lead agency, cooperating agencies, and
project sponsor, as applicable, that--
(I) the agency has not received
necessary information or approvals from
another entity in a manner that affects
the ability of the agency to meet any
requirements under Federal, State, or
local law;
(II) significant new information,
including from public comments, or
circumstances, including a major
modification to an aspect of the
project, requires additional analysis
for the agency to make a decision on
the project application; or
(III) the agency lacks the financial
resources to complete the review under
the scheduled timeframe, including a
description of the number of full-time
employees required to complete the
review, the amount of funding required
to complete the review, and a
justification as to why not enough
funding is available to complete the
review by the deadline.
(ii) Lack of financial resources.--If the
agency provides notice under clause (i)(III),
the Inspector General of the agency shall--
(I) conduct a financial audit to
review the notice; and
(II) not later than 90 days after the
date on which the review described in
subclause (I) is completed, submit to
the Committee on Natural Resources of
the House of Representatives and the
Committee on Energy and Natural
Resources of the Senate the results of
the audit conducted under subclause
(I).
(F) Limitation.--The Federal agency from which funds
are transferred pursuant to this paragraph shall not
reprogram funds to the office of the head of the
agency, or equivalent office, to reimburse that office
for the loss of the funds.
(G) Effect of paragraph.--Nothing in this paragraph
affects or limits the application of, or obligation to
comply with, any Federal, State, local, or tribal law.
(j) Memorandum of Agreements for Early Coordination.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the Secretary and other Federal agencies with
relevant jurisdiction in the environmental review
process should cooperate with each other, State and
local agencies, and Indian tribes on environmental
review and Bureau of Reclamation project delivery
activities at the earliest practicable time to avoid
delays and duplication of effort later in the process,
prevent potential conflicts, and ensure that planning
and project development decisions reflect environmental
values; and
(B) the cooperation referred to in subparagraph (A)
should include the development of policies and the
designation of staff that advise planning agencies and
project sponsors of studies or other information
foreseeably required for later Federal action and early
consultation with appropriate State and local agencies
and Indian tribes.
(2) Technical assistance.--If requested at any time by a
State or project sponsor, the Secretary and other Federal
agencies with relevant jurisdiction in the environmental review
process, shall, to the maximum extent practicable and
appropriate, as determined by the agencies, provide technical
assistance to the State or project sponsor in carrying out
early coordination activities.
(3) Memorandum of agency agreement.--If requested at any time
by a State or project sponsor, the Federal lead agency, in
consultation with other Federal agencies with relevant
jurisdiction in the environmental review process, may establish
memoranda of agreement with the project sponsor, Indian tribes,
State and local governments, and other appropriate entities to
carry out the early coordination activities, including
providing technical assistance in identifying potential impacts
and mitigation issues in an integrated fashion.
(k) Limitations.--Nothing in this section preempts or interferes
with--
(1) any obligation to comply with the provisions of any
Federal law, including--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) any other Federal environmental law;
(2) the reviewability of any final Federal agency action in a
court of the United States or in the court of any State;
(3) any requirement for seeking, considering, or responding
to public comment; or
(4) any power, jurisdiction, responsibility, duty, or
authority that a Federal, State, or local governmental agency,
Indian tribe, or project sponsor has with respect to carrying
out a project or any other provision of law applicable to
projects.
(l) Timing of Claims.--
(1) Timing.--
(A) In general.--Notwithstanding any other provision
of law, a claim arising under Federal law seeking
judicial review of a permit, license, or other approval
issued by a Federal agency for a project study shall be
barred unless the claim is filed not later than 3 years
after publication of a notice in the Federal Register
announcing that the permit, license, or other approval
is final pursuant to the law under which the agency
action is taken, unless a shorter time is specified in
the Federal law that allows judicial review.
(B) Applicability.--Nothing in this subsection
creates a right to judicial review or places any limit
on filing a claim that a person has violated the terms
of a permit, license, or other approval.
(2) New information.--
(A) In general.--The Secretary shall consider new
information received after the close of a comment
period if the information satisfies the requirements
for a supplemental environmental impact statement under
title 40, Code of Federal Regulations (including
successor regulations).
(B) Separate action.--The preparation of a
supplemental environmental impact statement or other
environmental document, if required under this section,
shall be considered a separate final agency action and
the deadline for filing a claim for judicial review of
the action shall be 3 years after the date of
publication of a notice in the Federal Register
announcing the action relating to such supplemental
environmental impact statement or other environmental
document.
(m) Categorical Exclusions.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall--
(A) survey the use by the Bureau of Reclamation and
the Bureau of Indian Affairs of categorical exclusions
in projects since 2005;
(B) publish a review of the survey that includes a
description of--
(i) the types of actions that were
categorically excluded or could be the basis
for developing a new categorical exclusion; and
(ii) any requests previously received by the
Secretary for new categorical exclusions; and
(C) solicit requests from other Federal agencies and
project sponsors for new categorical exclusions.
(2) New categorical exclusions.--Not later than 1 year after
the date of 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 of this Act based on the review under
paragraph (1), the Secretary shall publish a notice of proposed
rulemaking to propose that new categorical exclusion, to the
extent that the categorical exclusion meets the criteria for a
categorical exclusion under section 1508.4 of title 40, Code of
Federal Regulations (or successor regulation).
(n) Review of Project Acceleration Reforms.--
(1) In general.--The Comptroller General of the United States
shall--
(A) assess the reforms carried out under this
section; and
(B) not later than 5 years and not later than 10
years after the date of enactment of this Act, submit
to the Committee on Natural Resources of the House of
Representatives and the Committees on Energy and
Natural Resources and Indian Affairs of the Senate a
report that describes the results of the assessment.
(2) Contents.--The reports under paragraph (1) shall include
an evaluation of impacts of the reforms carried out under this
section on--
(A) project delivery;
(B) compliance with environmental laws; and
(C) the environmental impact of projects.
(o) Performance Measurement.--The Secretary shall establish a program
to measure and report on progress made toward improving and expediting
the planning and environmental review process.
(p) Categorical Exclusions in Emergencies.--For the repair,
reconstruction, or rehabilitation of a Bureau of Reclamation or Bureau
of Indian Affairs project that is in operation or under construction
when damaged by an event or incident that results in a declaration by
the President of a major disaster or emergency pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), the Secretary shall treat such repair, reconstruction,
or rehabilitation activity as a class of action categorically excluded
from the requirements relating to environmental assessments or
environmental impact statements under section 1508.4 of title 40, Code
of Federal Regulations (or successor regulations), if the repair or
reconstruction activity is--
(1) in the same location with the same capacity, dimensions,
and design as the original Bureau of Reclamation or Bureau of
Indian Affairs project as before the declaration described in
this section; and
(2) commenced within a 2-year period beginning on the date of
a declaration described in this subsection.
SEC. 6. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than February 1 of each year, the
Secretary shall develop and submit to the Committee on Natural
Resources of the House of Representatives and the Committees on Energy
and Natural Resources and Indian Affairs of the Senate an annual
report, to be entitled ``Report to Congress on Future Water Project
Development'', that identifies the following:
(1) Project reports.--Each project report that meets the
criteria established in subsection (c)(1)(A).
(2) Proposed project studies.--Any proposed project study
submitted to the Secretary by a non-Federal interest pursuant
to subsection (b) that meets the criteria established in
subsection (c)(1)(A).
(3) Proposed modifications.--Any proposed modification to an
authorized water project or project study that meets the
criteria established in subsection (c)(1)(A) that--
(A) is submitted to the Secretary by a non-Federal
interest pursuant to subsection (b); or
(B) is identified by the Secretary for authorization.
(4) Expedited completion of report and determinations.--Any
project study that was expedited and any Secretarial
determinations under section 4 of this Act.
(b) Requests for Proposals.--
(1) Publication.--Not later than May 1 of each year, the
Secretary shall publish in the Federal Register a notice
requesting proposals from non-Federal interests for proposed
project studies and proposed modifications to authorized
projects and project studies to be included in the annual
report.
(2) Deadline for requests.--The Secretary shall include in
each notice required by this subsection a requirement that non-
Federal interests submit to the Secretary any proposals
described in paragraph (1) by not later than 120 days after the
date of publication of the notice in the Federal Register in
order for the proposals to be considered for inclusion in the
annual report.
(3) Notification.--On the date of publication of each notice
required by this subsection, the Secretary shall--
(A) make the notice publicly available, including on
the Internet; and
(B) provide written notification of the publication
to the Committee on Natural Resources of the House of
Representatives and the Committees on Energy and
Natural Resources and Indian Affairs of the Senate.
(c) Contents.--
(1) Project reports, proposed project studies, and proposed
modifications.--
(A) Criteria for inclusion in report.--The Secretary
shall include in the annual report only those project
reports, proposed project studies, and proposed
modifications to authorized projects and project
studies that--
(i) are related to the missions and
authorities of the Bureau of Reclamation or the
Bureau of Indian Affairs;
(ii) require specific congressional
authorization, including by an Act of Congress;
(iii) have not been congressionally
authorized;
(iv) have not been included in any previous
annual report; and
(v) if authorized, could be carried out by
the Bureau of Reclamation or the Bureau of
Indian Affairs.
(B) Description of benefits.--
(i) Description.--The Secretary shall
describe in the annual report, to the extent
applicable and practicable, for each proposed
project study and proposed modification to an
authorized water resources development project
or project study included in the annual report,
the benefits, as described in clause (ii), of
each such study or proposed modification.
(ii) Benefits.--The benefits (or expected
benefits, in the case of a proposed project
study) described in this clause are benefits
to--
(I) the protection of human life and
property;
(II) improvement to domestic
irrigated water and power supplies;
(III) the national economy;
(IV) the environment; or
(V) the national security interests
of the United States.
(C) Identification of other factors.--The Secretary
shall identify in the annual report, to the extent
practicable--
(i) for each proposed project study included
in the annual report, the non-Federal interest
that submitted the proposed project study
pursuant to subsection (b); and
(ii) for each proposed project study and
proposed modification to a project or project
study included in the annual report, whether
the non-Federal interest has demonstrated--
(I) that local support exists for the
proposed project study or proposed
modification to an authorized project
or project study (including the surface
water storage development project that
is the subject of the proposed
feasibility study or the proposed
modification to an authorized project
study); and
(II) the financial ability to provide
the required non-Federal cost share.
(2) Transparency.--The Secretary shall include in the annual
report, for each project report, proposed project study, and
proposed modification to a project or project study included
under paragraph (1)(A)--
(A) the name of the associated non-Federal interest,
including the name of any non-Federal interest that has
contributed, or is expected to contribute, a non-
Federal share of the cost of--
(i) the project report;
(ii) the proposed project study;
(iii) the authorized project study for which
the modification is proposed; or
(iv) construction of--
(I) the project that is the subject
of--
(aa) the water report;
(bb) the proposed project
study; or
(cc) the authorized project
study for which a modification
is proposed; or
(II) the proposed modification to a
project;
(B) a letter or statement of support for the water
report, proposed project study, or proposed
modification to a project or project study from each
associated non-Federal interest;
(C) the purpose of the feasibility report, proposed
feasibility study, or proposed modification to a
project or project study;
(D) an estimate, to the extent practicable, of the
Federal, non-Federal, and total costs of--
(i) the proposed modification to an
authorized project study; and
(ii) construction of--
(I) the project that is the subject
of--
(aa) the project report; or
(bb) the authorized project
study for which a modification
is proposed, with respect to
the change in costs resulting
from such modification; or
(II) the proposed modification to an
authorized project; and
(E) an estimate, to the extent practicable, of the
monetary and nonmonetary benefits of--
(i) the project that is the subject of--
(I) the project report; or
(II) the authorized project study for
which a modification is proposed, with
respect to the benefits of such
modification; or
(ii) the proposed modification to an
authorized project.
(3) Certification.--The Secretary shall include in the annual
report a certification stating that each feasibility report,
proposed feasibility study, and proposed modification to a
project or project study included in the annual report meets
the criteria established in paragraph (1)(A).
(4) Appendix.--The Secretary shall include in the annual
report an appendix listing the proposals submitted under
subsection (b) that were not included in the annual report
under paragraph (1)(A) and a description of why the Secretary
determined that those proposals did not meet the criteria for
inclusion under such paragraph.
(d) Special Rule for Initial Annual Report.--Notwithstanding any
other deadlines required by this section, the Secretary shall--
(1) not later than 60 days after the date of enactment of
this Act, publish in the Federal Register a notice required by
subsection (b)(1); and
(2) include in such notice a requirement that non-Federal
interests submit to the Secretary any proposals described in
subsection (b)(1) by not later than 120 days after the date of
publication of such notice in the Federal Register in order for
such proposals to be considered for inclusion in the first
annual report developed by the Secretary under this section.
(e) Publication.--Upon submission of an annual report to Congress,
the Secretary shall make the annual report publicly available,
including through publication on the Internet.
(f) Definition.--In this section, the term ``project report'' means a
final feasibility report developed under the Reclamation Act of 1902
(32 Stat. 388), and all Acts amendatory thereof or supplementary
thereto.
SEC. 7. APPLICABILITY OF THE WIIN ACT.
Sections 3221 through 3226, 4007 and 4009 of the WIIN Act (Public Law
114-322) shall not apply to any project (as defined in section 2 of
this Act).
SEC. 8. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the following reports
and correspondence are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, described in the respective reports and correspondence
designated in this section:
------------------------------------------------------------------------
Date of
State Name Feasibility Estimated Costs
Report
------------------------------------------------------------------------
WA Yakima Basin March 2, 2012 Non-Federal:
Integrated Plan- $627,000,000
Initial Federal: $92,100,000
Development Total: $719,100,000
Phase
------------------------------------------------------------------------
KS Equus Beds January 19, 2010 Non-Federal:
Division of the $90,000,000
Wichita Project Federal: $30,000,000
Total: $120,000,000
------------------------------------------------------------------------
MT Musselshell- July 31, 2015 Non-Federal:
Judith Rural $21,801,000
Water System Federal: $65,301,000
Total: $87,102,000
------------------------------------------------------------------------
SEC. 9. DEAUTHORIZATIONS.
(a) Purposes; Definitions.--
(1) Purposes.--The purposes of this section are--
(A) to identify $187,401,000 in Bureau of Reclamation
projects and programs that are no longer feasible due
to--
(i) a lack of local support;
(ii) a lack of available Federal or non-
Federal resources; or
(iii) an authorized purpose that is no longer
relevant or feasible;
(B) to establish an efficient and transparent process
for deauthorizing Bureau of Reclamation projects and
programs that have failed to receive a minimum level of
investment, thereby ensuring active projects can move
forward while reducing the backlog of authorized
projects;
(C) to create an expedited and definitive process to
deauthorize Reclamation projects and programs;
(D) to allow the continued authorization of programs
and projects that are feasible; and
(E) to establish a process for identifying authorized
Bureau of Reclamation projects and programs that are no
longer--
(i) in the Federal interest; or
(ii) feasible.
(2) Definitions.--In this section:
(A) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(B) Reclamation project or program.--The term
``Reclamation project and program'' includes any
project or program that is administered by the Bureau
of Reclamation.
(b) Comprehensive Reports.--
(1) Minimum funding list.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives, and make available on a publicly accessible
Internet website in a manner that is downloadable, searchable,
and sortable, a list of--
(A) reclamation programs that are authorized and for
which funding was obligated during the current fiscal
year or any of the preceding 5 fiscal years;
(B) projects or separable elements of projects
authorized for construction for which funding has been
obligated during the current fiscal year or any of the
5 preceding fiscal years; and
(C) for each project or element of a project listed
pursuant to subparagraph (B)--
(i) the amount of funding obligated for each
such project or separable element per fiscal
year;
(ii) the current phase of each such project
or separable element; and
(iii) the amount required to complete the
current phase of each such project or separable
element.
(2) Backlog report.--With the report required under paragraph
(1), the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives, and make available
on a publicly accessible Internet website in a manner that is
downloadable, searchable, and sortable, a list of--
(A) programs that are authorized and for which
funding was not obligated during the current fiscal
year or any of the preceding 5 fiscal years;
(B) projects or separable elements that are
authorized for construction but have not been
completed; and
(C) for each project or separable element listed
pursuant to subparagraph (B)--
(i) the date of authorization of the project
or separable element, including any subsequent
modifications to the original authorization;
(ii) the original budget authority for the
project or separable element;
(iii) a brief description of the project or
separable element;
(iv) the estimated date of completion of the
project or separable element;
(v) the estimated cost of completion of the
project or separable element; and
(vi) any amounts appropriated for the project
or separable element that remain unobligated.
(c) Interim Deauthorization List.--
(1) In general.--The Secretary shall develop an interim
deauthorization list that identifies each Reclamation program
or project, or separable element of a program or project,
authorized 5 years prior to enactment of this Act, for which
Federal and non-Federal funding was obligated to before the
date of the enactment of this Act, but for which no Federal or
non-Federal funds were obligated for the program, project, or
separable element of the program or project during the current
fiscal year or any of the 5 preceding fiscal years.
(2) Special rule for projects receiving funds for post-
authorization study.--A project or separable element of a
project may not be identified on the interim deauthorization
list, or the final deauthorization list developed under
subsection (d), if the project or separable element received
Federal funding for a post-authorization study during the
current fiscal year or any of the 5 preceding fiscal years.
(3) Public comment and consultation.--The Secretary shall
solicit comments from the public and the Governors of each
applicable State on the interim deauthorization list developed
under paragraph (1). The public comment period shall be 90
days.
(4) Submission to congress; publication.--Not later than 90
days after the date of the submission of the list required by
subsection (b), the Secretary shall--
(A) submit the interim deauthorization list to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives; and
(B) publish the interim deauthorization list in the
Federal Register.
(d) Final Deauthorization List.--
(1) In general.--The Secretary shall develop a final
deauthorization list of each Reclamation program or project, or
separable element of a program or project, described in
subsection (c)(1) that is identified pursuant to this
subsection.
(2) Deauthorization amount.--The Secretary shall include on
the final deauthorization list projects and separable elements
of projects that have, in the aggregate, an estimated Federal
cost to complete that is at least $187,401,000.
(3) Identification of projects.--
(A) Sequencing of projects.--
(i) In general.--The Secretary shall identify
projects and separable elements of projects for
inclusion on the final deauthorization list
according to the order in which the projects
and separable elements of the projects were
authorized, beginning with the earliest
authorized projects and separable elements of
projects and ending once the last project or
separable element of a project necessary to
meet the aggregate amount under paragraph (2)
is identified.
(ii) Factors to consider.--The Secretary may
identify programs, projects, and separable
elements of programs and projects for exclusion
from the final deauthorization list if the
Secretary determines, on a case-by-case basis,
that a project or separable element of a
project is critical for interests of the United
States, based on the possible impact of the
project or separable element of the project on
public health and safety, the national economy,
or the environment.
(iii) Consideration of public comments.--In
making determinations under clauses (i) and
(ii), the Secretary shall consider any comments
received under subsection (c)(3).
(B) Appendix.--The Secretary shall include as part of
the final deauthorization list an appendix that--
(i) identifies each program, project, and
separable element of a program or project on
the interim deauthorization list developed
under subsection (c) that is not included on
the final deauthorization list; and
(ii) describes the reasons why the program,
project, or separable element is not included.
(4) Submission to congress; publication.--Not later than 120
days after the date on which the public comment period under
subsection (c)(3) expires, the Secretary shall--
(A) submit the final deauthorization list and the
appendix to the final deauthorization list to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives; and
(B) publish the final deauthorization list and the
appendix to the final deauthorization list in the
Federal Register.
(e) Deauthorization; Congressional Review.--
(1) In general.--Subject to paragraph (2), after the date
that is 180 days after the date of submission of the final
deauthorization report under subsection (d), a program,
project, or separable element of a program or project
identified in the report is deauthorized, unless Congress
passes a joint resolution disapproving the final
deauthorization report prior to the end of that period.
(2) Non-federal contributions.--A program, project, or
separable element of a program or project identified in the
final deauthorization report under subsection (d) shall not be
deauthorized under this subsection if, before the expiration of
the 180-day period referred to in paragraph (1), the non-
Federal interest of the program, project, or separable element
of the project provides sufficient funds to complete the
program, project, or separable element of the project.
(f) Treatment of Project Modifications.--For purposes of this
section, if an authorized water resources development program, project,
or separable element of the program or project has been modified by an
Act of Congress, the date of authorization of the program, project, or
separable element shall be deemed to be the date of the most recent
modification.
(g) Exemption.--This section shall not apply to any project that
would yield more than 200,000 acre-feet of water per year on average.
PURPOSE OF THE BILL
The purpose of H.R. 4419 is to facilitate and streamline
the Bureau of Reclamation and Bureau of Indian Affairs
processes for creating or expanding certain water projects.
BACKGROUND AND NEED FOR LEGISLATION
The U.S. Bureau of Reclamation (Reclamation) is the largest
water wholesaler in the nation, providing water to 31 million
people and helping irrigate 10 million acres of farmland that
produce 60% of the nation's vegetables and 25% of its fruits
and nuts.\1\ Many of Reclamation's projects are multi-purpose
in nature, and its reservoirs and dams further generate enough
emissions-free electricity to serve at least 3.5 million homes
annually.\2\ This is accomplished through the operation of 53
hydroelectric power plants that have annually produced, on
average, 40 billion kilowatt-hours over the last 10 years.\3\
In addition, the Bureau of Indian Affairs (BIA) oversees 15
revenue-generating irrigation projects that include 6,200 miles
of canals and drains and over 5,000 irrigation structures.\4\
These projects serve 25,000 water users and irrigate more than
780,000 acres of land.\5\
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\1\http://www.usbr.gov/main/about/fact.html.
\2\Id. note 1.
\3\http://www.usbr.gov/main/about/fact.html.
\4\https://openei.org/w/images/e/e1/Federal_Hydropower_-
_Bureau_of_Indian_Affairs.pdf.
\5\https://www.bia.gov/bia/ots/dwp/irrigation-power.
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Water stored behind many of these Reclamation facilities
provides year-round flows and cold-water fishery habitat. The
vast majority of these projects are financed under the
``beneficiary pays'' principle, which requires users to re-pay
the initial federal investment in these facilities through
long-term contracts. The Columbia Basin Project in Washington
State, the Central Valley Project in California and the Central
Arizona Project are just some of the Reclamation's projects
that have transformed western regional economies. However,
these projects contribute to the approximately 90 percent of
Reclamation projects that were built more than 50 years ago.\6\
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\6\https://www.usbr.gov/newsroom/presskit/factsheet/
detail.cfm?recordid=2.
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Although it is indisputable that surface storage continues
to serve a key role in making the West what it is today, the
region's water supply is at a crossroads due to several
factors. Population growth is one such factor. In California
alone, the current water system was designed to serve 22
million people, yet the State currently has 39 million
residents and is expected to double in population by 2050.\7\
Calls for new storage in California, where record-setting
drought coupled with the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) and other regulations have diverted water
from farms and cities to the ocean, are at a high level.\8\
---------------------------------------------------------------------------
\7\http://www.water.ca.gov/swp/delta.cfm.
\8\Testimony of Mr. Dan Keppen, before the House Water and Power
Subcommittee, Legislative Hearing on H.R. 5412, 113th Congress, p. 2.
---------------------------------------------------------------------------
With a few exceptions, the construction of new multi-
purpose surface water storage has largely stalled in the
region. Except for the Animas-La Plata project in southwestern
Colorado, Reclamation has not built any large multi-purpose
dams and reservoirs over the last generation, due in part to
environmental permitting and other regulatory requirements and
cost. In California specifically, Reclamation and the
California Department of Water Resources began the North-of-
the-Delta Offstream Storage Investigation in 2002 for the
proposed Sites Reservoir.\9\ As of 2012, Reclamation spent
$12.7 million conducting this study, and it is not yet
completed.\10\
---------------------------------------------------------------------------
\9\Testimony of Mr. Thad Bettner before the House Water and Power
Subcommittee, Oversight Hearing on ``Water for Our Future and Job
Creation: Examining Regulatory and Bureaucratic Barriers to New Surface
Storage Infrastructure'', 112th Congress, p. 2.
\10\Id.
---------------------------------------------------------------------------
Under Reclamation's current feasibility study process
(called Directives and Standards), the agency must use a
formula to decide the costs and benefits of such project.
Specifically, a 1:1 cost-benefit ratio triggers a favorable
recommendation for construction but if the costs outweigh the
benefits, a negative recommendation occurs. This formula
determines the actual cost of constructing the dam and any
environmental mitigation for such construction while assessing
the water supply, hydropower, recreation, flood control and
environmental benefits. Regarding the proposed Sites Reservoir
feasibility study process, Mr. Thad Bettner, General Manager of
the Glenn-Colusa Irrigation District, said ``despite [the $12.7
million] effort and the many promised benefits . . . we still
find ourselves in a place where it is difficult to clearly
articulate the benefits of the project, the costs, and how the
project will be funded.''\11\
---------------------------------------------------------------------------
\11\Id.
---------------------------------------------------------------------------
In light of these difficulties, H.R. 4419 is designed to
speed up and provide more certainty to the feasibility study
process on certain water projects that ``would be owned,
funded, or operated in whole or in part'' by the Reclamation or
BIA.\12\ Specifically, the bill seeks to facilitate the
construction of new or expanded surface water storage projects,
Title XVI projects, rural water supply projects, and federal
portions of an integrated water resources management plan that
has been subject to a review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).\13\ The
legislation establishes reporting and transparency requirements
to provide agency justifications on why feasibility studies are
not being completed in a timely manner, and also contains a
mechanism to offset the federal costs for these projects. H.R.
4419 creates a process for Congress to authorize Reclamation
and BIA projects that have met the criteria established in the
bill. For example, if a feasibility report is completed for a
qualifying project, that study would be included in the
reporting mechanism under section 6 of this bill.
---------------------------------------------------------------------------
\12\H.R. 4419, Section 2(9).
\13\H.R. 4419, Section 2(5)(A).
---------------------------------------------------------------------------
As mentioned above, the bill closely resembles provisions
included in the Water Resources Reform and Development Act.\14\
The conference report for this law, which includes nearly
identical provisions for the U.S. Army Corps of Engineers,
passed the House 412-4\15\ and in the Senate by a 91-7
margin.\16\
---------------------------------------------------------------------------
\14\P.L. 113-121 https://www.gpo.gov/fdsys/pkg/PLAW-113publ121/pdf/
PLAW-113publ121.pdf.
\15\House Roll Call Vote: http://clerk.house.gov/evs/2013/
roll560.xml.
\16\Senate Roll Call Vote: https://www.senate.gov/legislative/LIS/
roll_call_lists/roll_call_vote_
cfm.cfm?congress=113&session=2&vote=00163.
---------------------------------------------------------------------------
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This Act may be cited as the ``Bureau of Reclamation and
Bureau of Indian Affairs Water Project Streamlining Act''.
Section 2. Definitions
This section defines several key terms.
Section 3. Acceleration of studies
This section requires future feasibility studies for Bureau
of Reclamation or Bureau of Indian Affairs (BIA) projects to be
completed with three years after the date of initiation and
have a maximum federal cost of $3 million. The section provides
for a maximum seven-year extension of that time and cost if the
Secretary of the Interior provides a detailed justification to
the non-federal project sponsor and Congress.
Section 4. Expedited completion of reports
This section requires the Secretary of the Interior to
expedite the completion of any ongoing feasibility studies
initiated before the date of enactment. If the Secretary
determines that the project is justified in a completed report,
the Secretary shall proceed to pre-construction planning,
engineering and design of the project.
Section 5. Project acceleration
This section directs the Secretary to develop and implement
a coordinated environmental review process with Reclamation and
the non-federal project sponsor as lead agencies for expedited
environmental review of a project. The section further directs
the lead agencies to establish a schedule for completion of a
study and lays out financial penalties if timelines are not
met.
Section 6. Annual report to Congress
This section directs the Secretary to develop and submit a
report to the relevant committees in Congress that identifies
project reports, proposed project studies, and proposed
modifications to projects and studies. The reports shall
include a description of the benefits and federal and non-
federal cost estimates. These reports would be similar to the
feasibility studies listed in section 7002 of Public Law 113-
121, which authorize construction of projects by Congress.
Section 7. Applicability to the WIIN Act
This section identifies various sections of the Water
Infrastructure Improvement for the National Act (WIIN Act,
Public Law 114-322) that are excluded from the process
established in this bill.
Section 8. Project authorizations
This section contains a table of projects that the meet the
criteria in the bill and are authorized to be carried out in
accordance with this section. These projects include: Phase III
of the Yakima River Basin Water Enhancement Project in
Washington, Equus Beds Division of the Wichita Project in
Kansas, Musselshell-Judith Rural Water System in Montana, and
the Shasta Lake Water Resources Investigation in California.
Section 9. Deauthorizations
This section establishes a process to offset the federal
costs of projects listed in section 8.
COMMITTEE ACTION
H.R. 4419 was introduced on November 16, 2017, by
Congressman Dan Newhouse (R-WA). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Water, Power and Oceans. On November 30, 2017,
the Subcommittee held a hearing on the legislation. On May 16,
2018, the Natural Resources Committee met to consider the bill.
The Subcommittee was discharged by unanimous consent.
Congressman Doug LaMalfa (R-CA) offered an amendment designated
#1; it was adopted by voice vote. Congressman Jared Huffman (D-
CA) offered an amendment designated 140; it was not adopted by
a roll call vote of 14 yeas and 21 nays, as follows:
No further amendments were offered and the bill, as
amended, was ordered favorably reported to the House of
Representatives by a bipartisan roll call vote of 21 yeas and
14 nays, as follows:
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 4, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4419, the Bureau
of Reclamation and Bureau of Indian Affairs Water Project
Streamlining Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Aurora
Swanson.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 4419--Bureau of Reclamation and Bureau of Indian Affairs Water
Project Streamlining Act
Summary: H.R. 4419 would authorize the Bureau of
Reclamation (BOR) to construct projects for water storage,
aquifer recharge, fish conservation, and water supply for
certain rural communities. The bill also would direct BOR and
the Bureau of Indian Affairs (BIA) to accelerate studies
related to their approval or denial of permits needed to
construct water infrastructure projects. Under the bill, BOR
and BIA would be required to limit the cost and time to
complete each study, to construct a publicly accessible
database to provide information about the status of each study,
and to act as the lead agency in coordinating with state and
federal agencies to expedite the environmental reviews
necessary to complete those studies.
Using information provided by BOR and BIA, CBO estimates
that implementing H.R. 4419 would cost $174 million over the
2019-2023 period, assuming appropriation of the authorized and
necessary amounts.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 4419 would not increase direct spending or on-budget
deficits in any of the four consecutive 10-year periods
beginning in 2029.
H.R. 4419 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 4419 is shown in the following table.
The costs of the legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2019-2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
BOR Water Resources Infrastructure:
Estimated Authorization Level........ 0 21 34 34 34 26 148
Estimated Outlays.................... 0 12 25 32 34 29 132
Streamlining Feasibility Studies:
Estimated Authorization Level........ 0 8 6 6 5 5 31
Estimated Outlays.................... 0 6 6 6 5 5 29
Accelerating Feasibility Studies,
Planning, and Design:
Estimated Authorization Level........ 0 3 3 3 3 2 14
Estimated Outlays.................... 0 2 3 3 3 3 13
Total Changes:
Estimated Authorization Level.... 0 32 43 43 42 34 193
Estimated Outlays................ 0 20 34 41 42 37 174
----------------------------------------------------------------------------------------------------------------
Amounts may not sum to totals because of rounding; BOR = Bureau of Reclamation.
Basis of estimate: For this estimate, CBO assumes that H.R.
4419 will be enacted near the end of 2018 and that the
authorized and necessary amounts will be appropriated for each
fiscal year. Estimates of amounts necessary to implement the
bill are based on information from BOR and BIA; estimated
outlays are based on historical spending patterns for similar
projects and programs. Major components of the estimated costs
are described below.
BOR water resources infrastructure
The bill would authorize BOR to construct three new
projects or separable elements of ongoing projects. CBO
estimates that the total public and private cost to complete
those projects would be about $930 million. H.R. 4419 would
authorize the appropriation of $187 million to cover the
federal share. Of that amount, CBO estimates that $148 million
would need to be appropriated over the 2019-2023 period
(assuming historical rates of spending for similar projects).
Nonfederal entities would be responsible for the remaining $740
million in costs. CBO estimates that outlays would total $132
million over the 2019-2023 period. After 2023, federal costs to
complete the projects would amount to about $55 million.
To estimate how appropriated funds would be spent, CBO used
information from BOR about when construction for each project
could begin, how long it would take to complete, and what
funding would be necessary over the anticipated construction
period. Construction schedules and the pattern of spending for
such projects are uncertain and plans are subject to change
because of delays in obtaining funding and other unforeseen
circumstances.
Finally, H.R. 4419 would direct BOR to identify projects
that are no longer feasible and to establish a process for
reauthorizing inactive projects that are no longer in the
federal interest, have not received sufficient funding, or lack
local support.
Streamlining feasibility studies
With the aim of streamlining the process of preparing
feasibility studies for proposed projects, H.R. 4419 would
require BOR and BIA to consult with Indian tribes, states, and
federal agencies about approaches to better coordinate
environmental reviews and to report on any possible
efficiencies. The bill would direct the agencies to identify
water projects previously excluded from environmental reviews
because they were determined to have no significant effect on
the environment and to develop guidelines based on those
results to identify similar new projects that also could be
excluded from such reviews. The bill would direct BOR and BIA
to act as the lead agency for the projects under their
respective authority. That role would include coordinating with
states, federal agencies, and the public to expedite
environmental reviews; to facilitate the early detection and
resolution of environmental issues; and to construct publicly
accessible databases that would list requirements for each
study and provide information on progress toward completing
each requirement.
H.R. 4419 also would require BOR and BIA to use the Federal
Register to solicit proposals each year from nonfederal
entities to build water infrastructure projects and to report
to the Congress on the preliminary costs and benefits of each
proposal.
CBO estimates that implementing those provisions would have
an average annual cost of about $6 million (roughly the
equivalent of 40 full-time employees) for each agency to
prepare an annual report about projects proposed by nonfederal
entities, to develop and implement a plan for coordinating
environmental reviews, and to develop guidelines for excluding
projects from environmental reviews. Over the 2019-2023 period,
those costs would total $29 million.
Accelerating feasibility studies, planning, and design
H.R. 4419 would direct BOR and BIA to expedite the
completion of current feasibility studies to approve or deny
construction of water infrastructure projects. The responsible
agency would proceed immediately to preconstruction planning
and design if the study recommended construction. Typically,
the agencies do not proceed with preconstruction planning and
design until the Congress enacts legislation to authorize
construction.
For new studies initiated after enactment, the bill would
limit the cost of feasibility studies conducted by BOR or BIA
to $3 million each and would require each study to be completed
within three years. If a study could not be completed under
those limitations, the responsible agency would be required to
provide written notice to the Congress and any other agencies
involved explaining why completing the study would cost more
than $3 million or would take more than three years.
CBO estimates that annual costs to implement those
provisions would total $3 million (or the equivalent of 18
full-time employees) to expedite the completion of current
feasibility studies and for work associated with
preconstruction planning and design. Over the 2019-2023 period
those costs would total $13 million.
Pay-As-You-Go Considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 4419 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: H.R. 4419 contains no intergovernmental or
private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Aurora Swanson;
Mandates: Zach Byrum.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to facilitate and streamline the
Bureau of Reclamation and Bureau of Indian Affairs processes
for creating or expanding certain water projects.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
DISSENTING VIEWS
H.R. 4419 would establish a misguided, convoluted process
to ``streamline'' environmental reviews for proposed water
projects. Broadly speaking, the bill aims to expedite new dam
construction by limiting the time available to complete the
Bureau of Reclamation's feasibility report process and the
environmental review process under the National Environmental
Policy Act (NEPA).
Specific changes include a requirement that all studies for
new water projects be completed within three years, at a cost
of no more than $3 million. The bill also imposes deadlines for
comment on draft environmental impact statements, sets
deadlines for federal agencies to make project-related
decisions under laws like the Endangered Species Act, imposes
financial penalties on federal agencies that do not make
permitting decisions within strict deadlines, and sets
irresponsibly short deadlines for all legal challenges to water
project studies.
The environmental review process that is established under
NEPA and substantive environmental protections from a host of
other federal laws are intended to ensure that the
environmental impacts of projects funded with federal dollars
are fully analyzed, that other federal agencies and the public
have input into the decision-making process, that a range of
alternatives are considered, and that environmental impacts are
mitigated. While H.R. 4419 does not directly amend NEPA or
other environmental laws, the bill effectively limits their
proper application.
By imposing arbitrary, unworkable deadlines for completing
environmental reviews, the legislation restricts federal
agencies' ability to meaningfully assess how new dams will
impact fish and wildlife and leaves agencies without time to
develop measures to mitigate a dam's impacts. Commercially
important fisheries like salmon are frequently killed by dams
that change historic river flow patterns, mortally raise river
water temperatures, and block habitat. For example, in
California's Central Valley, dams currently block Chinook
salmon and steelhead from more than 90 percent of their
historical spawning habitat.\1\ Careful design and management
of a dam can mitigate some of these effects, but doing so
requires expert analysis that is blocked by this bill.
---------------------------------------------------------------------------
\1\25 NOAA Fisheries, Central Valley Chinook Salmon and Steelhead
Recovery Plan (2014) http://www.westcoast.fisheries.noaa.gov/
publications/recovery_planning/salmon_steelhead/ domains/
california_central_valley/cv_chin_stlhd_r_plan_fs_071614.pdf.
---------------------------------------------------------------------------
While H.R. 4419 limits meaningful environmental review, it
simultaneously creates significant additional bureaucracy by
imposing many new, convoluted directives on federal agencies.
These new directives include the submittal of new reports to
Congress, the creation of new coordination processes among
agencies, the establishment and maintenance of a new electronic
database, a new process for reviewing and developing
categorical exclusions under NEPA, and the administration of
financial penalties on federal agencies that do not complete
environmental reviews within strict timelines established under
H.R. 4419.
In all, H.R. 4419 provides for eight new reports to
Congress or related Congressional notifications,\2\ three new
public solicitations,\3\ two new guidance or formal rulemaking
processes,\4\ requires the creation of a new process for the
administration of financial penalties and resultant fund
transfers among federal agencies,\5\ and the establishment of
an entirely new program to measure and report on progress.\6\
No new funding is provided to carry out these new directives.
---------------------------------------------------------------------------
\2\Section 3(e); Section 3(f); Section 5(a)(3)(A); Section 5(h)(3)
subparagraphs (A)&(B); Section 5(h)(5)(A), Section 5(k)(1)(B); and
Section 6(a).
\3\Section 5(m); Section 6(a); Section 6(b)(1).
\4\ Section 5(g)(1); Section 5(m)(2).
\5\Section 5(g)(5)(B)(i) (I).
\6\Section 5(o).
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Finally, H.R. 4419 includes troubling provisions designed
to deauthorize Title XVI water recycling projects. These
projects are a popular, environmentally-friendly class of water
projects that grow the available water supply by treating and
reusing water in several western states.
In sum, H.R. 4419 significantly limits the application of
NEPA and other bedrock environmental protections and
irresponsibly restricts public participation in the review
process for new water projects. For these reasons, we oppose
H.R. 4419 as reported.
Raul M. Grijalva,
Ranking Member, Committee on
Natural Resources.