Water Optimization for the West Act or the WOW Act
This bill addresses issues related to water projects in the Western States. Among other things, the bill
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5217 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5217
To provide for western water security, reliability, modernization, and
abundance, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2019
Mr. McClintock (for himself, Mr. McCarthy, Mr. Bishop of Utah, Mr.
Calvert, Mr. Nunes, Mr. Newhouse, Mr. Fulcher, Mr. Cook, Mr. LaMalfa,
Mr. Hunter, Mr. Gosar, and Mr. Tipton) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committees on Transportation and Infrastructure,
Agriculture, and Science, Space, and Technology, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for western water security, reliability, modernization, and
abundance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Optimization for the West
Act'' or the ``WOW Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--WATER INFRASTRUCTURE
Sec. 1001. WIIN Act amendments.
TITLE II--SACRAMENTO-SAN JOAQUIN VALLEY WATER RELIABILITY ACT
Subtitle A--Central Valley Project Water Reliability
Sec. 2001. Amendment to purposes.
Sec. 2002. Amendment to definition.
Sec. 2003. Contracts.
Sec. 2004. Water transfers, improved water management, and
conservation.
Sec. 2005. Fish, wildlife, and habitat restoration.
Sec. 2006. Restoration fund.
Sec. 2007. Additional authorities.
Sec. 2008. Amendments to Central Valley Project authorizations.
Sec. 2009. Regulatory streamlining.
Subtitle B--San Joaquin River Restoration
Sec. 2101. Repeal of the San Joaquin River Settlement.
Sec. 2102. Purpose.
Sec. 2103. Definitions.
Sec. 2104. Implementation of restoration.
Sec. 2105. Disposal of property; title to facilities.
Sec. 2106. Compliance with applicable law.
Sec. 2107. Compliance with Central Valley Project Improvement Act.
Sec. 2108. No private right of action.
Sec. 2109. Implementation.
Sec. 2110. Repayment contracts and acceleration of repayment of
construction costs.
Sec. 2111. Repeal.
Sec. 2112. Water supply mitigation.
Sec. 2113. Additional authorities.
Sec. 2114. Protections.
TITLE III--REPURPOSING ASSETS TO INCREASE LONG-TERM WATER AVAILABILITY
AND YIELD ACT
Sec. 3001. Treatment of certain funds dedicated for high-speed rail
development in the State of California.
Sec. 3002. Nitrate contamination reduction grants.
Sec. 3003. New well construction grants.
TITLE IV--HETCH HETCHY DAM
Sec. 4001. Hetch Hetchy rental fee update.
TITLE V--BUREAU OF RECLAMATION AND BUREAU OF INDIAN AFFAIRS WATER
PROJECT STREAMLINING ACT
Sec. 5001. Definitions.
Sec. 5002. Acceleration of studies.
Sec. 5003. Expedited completion of reports.
Sec. 5004. Project acceleration.
Sec. 5005. Annual report to Congress.
Sec. 5006. Applicability of the WIIN Act.
TITLE VI--WATER SUPPLY PERMITTING COORDINATION ACT
Sec. 6001. Definitions.
Sec. 6002. Establishment of lead agency and cooperating agencies.
Sec. 6003. Bureau responsibilities.
Sec. 6004. Cooperating agency responsibilities.
Sec. 6005. Funding to process permits.
TITLE VII--FEDERALLY INTEGRATED SPECIES HEALTH ACT
Sec. 7001. Transfer of functions with respect to anadromous species and
catadromous species.
Sec. 7002. Miscellaneous provisions.
Sec. 7003. Definitions.
TITLE VIII--AQUIFER RECHARGE FLEXIBILITY PILOT PROGRAM
Sec. 8001. Definitions.
Sec. 8002. Use of Bureau facilities.
Sec. 8003. Aquifer recharge on eligible land.
Sec. 8004. Sense of Congress.
Sec. 8005. Conveyance for aquifer recharge purposes.
Sec. 8006. Report.
Sec. 8007. Effect.
Sec. 8008. Exemption.
TITLE IX--BIG SAND WASH PROJECT TITLE TRANSFER ACT
Sec. 9001. Definitions.
Sec. 9002. Conveyance of facilities and land.
Sec. 9003. Relationship to Uinta Basin Replacement Project.
Sec. 9004. Report.
TITLE X--KENNEWICK IRRIGATION DISTRICT TITLE TRANSFER ACT
Sec. 10001. Definitions.
Sec. 10002. Agreement, conveyance, report.
Sec. 10003. Liability.
Sec. 10004. Benefits.
Sec. 10005. Compliance with other laws.
Sec. 10006. Payment.
Sec. 10007. Miscellaneous.
Sec. 10008. Limitations.
TITLE XI--WATER RIGHTS PROTECTION ACT
Sec. 11001. Definitions.
Sec. 11002. Treatment of water rights.
Sec. 11003. Policy development.
Sec. 11004. Effect.
TITLE XII--COULEE DAM REDESIGNATION
Sec. 12001. Redesignation of facility.
Sec. 12002. References.
TITLE XIII--NUTRIA ERADICATION AND CONTROL ACT REAUTHORIZATION
Sec. 13001. Nutria eradication.
Sec. 13002. Deauthorizations.
TITLE I--WATER INFRASTRUCTURE
SEC. 1001. WIIN ACT AMENDMENTS.
(a) Authorization of Appropriations.--The WIIN Act (Public Law 114-
322) is amended--
(1) in section 4007 (43 U.S.C. 390(b) note)--
(A) in subsection (h)(1)--
(i) by striking ``$335,000,000 of funding
in section 4011(e) is authorized'' and
inserting ``$134,000,000 is authorized''; and
(ii) by striking ``to remain available
until expended'' and inserting ``to be
appropriated for each of fiscal years 2021
through 2025 to carry out this section''; and
(B) in subsection (h)(2)--
(i) by striking ``Congress.'' and inserting
``Congress; and''; and
(ii) by adding at the end the following:
``(A) After approval by Congress of an initial
award for a federally owned storage project or a State-
led storage project, the Secretary may award additional
funding for the federally owned storage project or
State-led storage project without further congressional
approval; and
``(B) previously authorized projects remain
eligible to receive funding under this provision.'';
and
(C) in subsection (i), by striking ``January 1,
2021'' and inserting ``January 1, 2028''; and
(2) in section 4013 (43 U.S.C. 390(b) note)--
(A) by striking ``the date that is 5 years after
the date of its enactment'' and inserting ``December
16, 2028''; and
(B) by striking ``10 years after the date of its
enactment'' and inserting ``on December 16, 2033''.
(b) State Water Project Protections.--Subsection (b)(2) of section
4005 of the WIIN Act (Public Law 114-322) is amended by striking
``smelt biological opinion and the salmonid biological opinion;'' and
inserting ``then current smelt biological opinion and the then current
salmonid biological opinion;''.
(c) Water Desalination Act Amendment.--Section 4(a)(1)(F) of the
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-
298), as amended by section 4009 of the WIIN Act, is further amended by
striking ``$30,000,000 of funding is authorized to remain available
until expended; and'' and inserting ``$12,000,000 is authorized to be
appropriated for each of fiscal years 2021 through 2025.''.
(d) Reclamation Wastewater and Ground Water Study and Facilities
Act Amendment.--Section 1602(g) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (title XVI of Public Law 102-575;
43 U.S.C. 390h(g)), as amended by section 4009 of the WIIN Act, is
further amended by striking ``$50,000,000 to remain available until
expended'' and inserting ``$20,000,000 for each of fiscal years 2021
through 2025''.
(e) CALFED Authorization.--Title I of Public Law 108-361 (the
CALFED Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 2860;
128 Stat. 164; 128 Stat. 2312) (as amended by section 4007(k) of the
WIIN Act (130 Stat. 1866)) is amended by striking ``2019'' each place
it appears and inserting ``2025''.
(f) Blueprint Participation.--Section 4009 of the WIIN Act (Public
Law 114-322) is amended by adding after subsection (a) the following:
``(b) Authorization To Participate.--The Secretary of the Interior
is authorized to participate in the development of the Water Blueprint
for the San Joaquin Valley, including the development of policy and
infrastructure recommendations that--
``(1) increase surface water availability and reliability;
and
``(2) reduce groundwater overdraft.''.
(g) Storage Project Feasibility.--Section 4007(a) of the WIIN Act
(43 U.S.C. 390b(a)) is amended by adding at the end the following:
``(3) Feasible.--The term `feasible' in regards to any
Federally owned storage project or State-led storage project,
means any such project for which the Secretary of the Interior
determines that--
``(A) engineering and cost estimates have been
completed consistent with the level of detail required
for typical feasibility studies used to assist in the
selection of a preferred plan or alternative in order
to ensure the project is constructible and estimated
costs support feasibility;
``(B) there is reasonable certainty that
environmental compliance and permitting, consistent
with applicable Federal and State laws, shall be
completed and any potential changes to the project that
may be required by those laws have been identified; and
``(C) the maximum amount of Federal funds provided
is no less than the projected Federal benefits,
including, but not limited to, water supply,
irrigation, flood control, hydroelectric power,
navigation, recreation, fish and wildlife enhancement,
water quality, or road improvement, maintenance, or
relocation provided by the project.''.
(h) Storage Project Flexibility.--Section 4007(b)(1) of the WIIN
Act (Public Law 114-322) is amended by striking ``or any public
agency'' and inserting ``any public agency, or any other entity''.
TITLE II--SACRAMENTO-SAN JOAQUIN VALLEY WATER RELIABILITY ACT
Subtitle A--Central Valley Project Water Reliability
SEC. 2001. AMENDMENT TO PURPOSES.
Section 3402 of the Central Valley Project Improvement Act (106
Stat. 4706) is amended--
(1) in subsection (f), by striking the period at the end;
and
(2) by adding at the end the following:
``(g) to ensure that water dedicated to fish and wildlife purposes
by this title is replaced and provided to Central Valley Project water
contractors by December 31, 2023, at the lowest cost reasonably
achievable; and
``(h) to facilitate and expedite water transfers in accordance with
this Act.''.
SEC. 2002. AMENDMENT TO DEFINITION.
Section 3403 of the Central Valley Project Improvement Act (106
Stat. 4707) is amended--
(1) by amending subsection (a) to read as follows:
``(a) the term `anadromous fish' means those native stocks of
salmon (including steelhead) and sturgeon that, as of October 30, 1992,
were present in the Sacramento and San Joaquin Rivers and their
tributaries and ascend those rivers and their tributaries to reproduce
after maturing in San Francisco Bay or the Pacific Ocean;'';
(2) in subsection (h), by striking ``(h) The term `natural
production' means fish produced to adulthood without direct
human intervention in the spawning, rearing, or migration
processes;'' and by redesignating subsections (i) through (m)
as subsections (h) through (l), respectively;
(3) in subsection (k), by striking ``and,'' after ``this
title'';
(4) in subsection (l), by striking the period and inserting
``; and''; and
(5) by adding at the end the following:
``(m) the term `reasonable flows' means water flows capable of
being maintained taking into account competing consumptive uses of
water and economic, environmental, and social factors.''.
SEC. 2003. CONTRACTS.
Section 3404 of the Central Valley Project Improvement Act (106
Stat. 4708) is amended--
(1) in the heading, by striking ``limitation on contracting
and contract reform'' and inserting ``contracts''; and
(2) by striking the language of the section and by adding:
``(a) Renewal of Existing Long-Term Contracts.--Upon request of the
contractor, the Secretary shall renew any existing long-term repayment
or water service contract that provides for the delivery of water from
the Central Valley Project for a period of 40 years. In renewing the
contract, the Secretary shall not have discretion to reduce the
quantity of water to be delivered under the contract.
``(b) Administration of Contracts.--Except as expressly provided by
this Act, any existing long-term repayment or water service contract
for the delivery of water from the Central Valley Project shall be
administered pursuant to the Reclamation laws applicable to the
contract, including the Act of July 2, 1956 (70 Stat. 483), when
applicable.
``(c) Pricing Based on Water Deliveries.--Beginning on the date of
the enactment of this Act, the Secretary shall charge contractors only
for water actually delivered. The Secretary shall incorporate this term
in all contracts for the delivery of water from the Central Valley
Project.''.
SEC. 2004. WATER TRANSFERS, IMPROVED WATER MANAGEMENT, AND
CONSERVATION.
Section 3405 of the Central Valley Project Improvement Act (106
Stat. 4709) is amended as follows:
(1) In subsection (a)--
(A) by inserting before ``Except as provided
herein'' the following: ``The Secretary shall take all
necessary actions to facilitate and expedite transfers
of Central Valley Project water in accordance with this
Act or any other provision of Federal Reclamation laws
and the National Environmental Policy Act of 1969.'';
(B) in paragraph (1)(A), by striking ``to
combination'' and inserting ``or combination'';
(C) in paragraph (2), by adding at the end the
following:
``(E) The contracting district from which the water
is coming, the agency, or the Secretary shall determine
if a written transfer proposal is complete within 45
days after the date of submission of such proposal. If
such district or agency or the Secretary determines
that such proposal is incomplete, such district or
agency or the Secretary shall state with specificity
what must be added to or revised in order for such
proposal to be complete.
``(F) Except as provided in this section, the
Secretary shall not impose mitigation or other
requirements on a proposed transfer, but the
contracting district from which the water is coming or
the agency shall retain all authority under State law
to approve or condition a proposed transfer.''; and
(D) by adding at the end the following:
``(4) Notwithstanding any other provision of Federal
Reclamation laws--
``(A) the authority to make transfers or exchanges
of, or banking or recharge arrangements using, Central
Valley Project water that could have been conducted
before October 30, 1992, is valid, and such transfers,
exchanges, or arrangements shall not be subject to,
limited, or conditioned by this title; and
``(B) this title shall not supersede or revoke the
authority to transfer, exchange, bank, or recharge
Central Valley Project water that existed prior to
October 30, 1992.''.
(2) In subsection (b)--
(A) in the heading, by striking ``Metering'' and
inserting ``Measurement''; and
(B) by inserting after the first sentence the
following: ``The contracting district or agency shall
ensure that all surface water delivery systems owned or
operated by that contracting district or agency within
its boundaries measure surface water at the district or
agency's facilities up to the point the surface water
is commingled with other water supplies.''.
(3) By striking subsection (d).
(4) By redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(5) By amending subsection (e) (as redesignated by
paragraph (4))--
(A) by striking ``as a result of the increased
repayment'' and inserting ``that exceed the cost-of-
service'';
(B) by inserting ``the delivery of'' after ``rates
applicable to'';
(C) by striking ``, and all increased revenues
received by the Secretary as a result of the increased
water prices established under subsection 3405(d) of
this section,''; and
(D) by striking ``covered'' and inserting
``deposited''.
SEC. 2005. FISH, WILDLIFE, AND HABITAT RESTORATION.
Section 3406 of the Central Valley Project Improvement Act (106
Stat. 4714) is amended as follows:
(1) In subsection (a) by striking paragraphs (1) and (2),
and redesignating paragraphs (3) and (4) as (1) and (2);
(2) In subsection (b)--
(A) by striking ``establishing'' and inserting
``that establish''; and
(B) by inserting ``, that the Secretary has
determined are not inconsistent with the
congressionally authorized purposes of the project,''
after ``California State Water Resources Control
Board'';
(C) in paragraph (1)--
(i) by striking ``natural production of'';
(ii) by striking ``levels not less than
twice''; and
(iii) by striking ``title; And provided
further,'' and all that follows through the
period and inserting ``title.'';
(D) in paragraph (1)(B)--
(i) by striking ``is authorized and
directed to'' and inserting ``may'';
(ii) by inserting ``reasonable water''
after ``to provide'';
(iii) by striking ``anadromous fish, except
that such'' and inserting ``anadromous fish.
Such'';
(iv) by striking ``remaining contractual
obligations'' and inserting ``contractual
obligations'';
(v) by striking ``Instream flow'' and
inserting ``Reasonable instream flow'';
(vi) by inserting ``and the National Marine
Fisheries Service'' after ``United States Fish
and Wildlife Service''; and
(vii) by striking ``after consultation with
the California Department of Fish and Game'';
(E) in paragraph (2)--
(i) by striking ``primary purpose'' and
inserting ``purposes'';
(ii) by striking ``but not limited to''
before ``additional obligations''; and
(iii) by adding after the period the
following: ``All Central Valley Project water
used for the purposes specified in this
paragraph shall be credited to the quantity of
Central Valley Project yield dedicated and
managed under this paragraph by determining how
the dedication and management of such water
would affect the delivery capability of the
Central Valley Project during the 1928 to 1934
drought period after fishery, water quality,
and other flow and operational requirements
imposed by terms and conditions existing in
licenses, permits, and other agreements
pertaining to the Central Valley Project under
applicable State or Federal law existing on
October 30, 1992, have been met. To the fullest
extent possible and in accordance with section
3411, Central Valley Project water dedicated
and managed pursuant to this paragraph shall be
reused to fulfill the Secretary's contractual
obligations to provide Central Valley Project
water for agricultural or municipal and
industrial purposes.'';
(F) by amending paragraph (2)(B) to read:
``(B) Such quantity of water shall be managed by
the Bureau of Reclamation after consultation with the
United States Fish and Wildlife Service and the
National Marine Fisheries Service.'';
(G) by amending paragraph 2(C) to read:
``(C) If by March 15th of any year the quantity of
Central Valley Project water forecasted to be made
available to water service or repayment contractors in
the Delta Division of the Central Valley Project is
below 75 percent of the total quantity of water to be
made available under said contracts, the quantity of
Central Valley Project yield dedicated and managed for
that year under this paragraph shall be reduced by 25
percent.''.
(3) In subsection (c) in paragraph (1) by striking
``naturally reproducing''.
(4) In subsection (d)--
(A) in paragraph (1), by striking ``paragraph (1)
of this subsection'' and inserting ``paragraph (2) of
this subsection''.
(B) by amending paragraph (4) to read as follows:
``(4) If by March 15th of any year the quantity of Central
Valley Project water forecasted to be made available to water
service or repayment contractors in the Delta Division of the
Central Valley Project is below 75 percent of the total
quantity of water to be made available under said contracts,
the quantity of water dedicated under paragraph (1) of this
subsection shall be reduced by 25 percent.''.
(5) In subsection (e)--
(A) in paragraph (2), by striking ``Provided, That
additional hatchery production shall only be used to
supplement or to re-establish natural production while
avoiding adverse effects on remaining wild stocks;'';
and
(B) in paragraph (6), by striking ``restore, and
enhance natural production of salmon and steelhead
trout'' and inserting ``and restore anadromous fish''.
(6) By adding at the end the following:
``(i) Natural and Artificial Production of Species.--Regardless of
the date of listing, the Secretaries of the Interior and Commerce shall
not distinguish between natural production and artificial propagation
or artificial production strains of a species in making any
determination under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) that relates to any anadromous fish species present in the
Sacramento and San Joaquin Rivers or their tributaries and ascend those
rivers and their tributaries to reproduce after maturing in San
Francisco Bay or the Pacific Ocean.
``(j) Satisfaction of Purposes.--By pursuing the activities
described in this section, the Secretary shall be deemed to have met
the fish and wildlife mitigation, protection, restoration, and
enhancement purposes of this title.''.
SEC. 2006. RESTORATION FUND.
(a) In General.--Section 3407(a) of the Central Valley Project
Improvement Act (106 Stat. 4726) is amended as follows:
(1) By inserting ``(1) In general.--There is hereby''.
(2) By striking ``Not less than 67 percent'' and all that
follows through ``Monies'' and inserting ``Monies''.
(3) By adding at the end the following:
``(2) Prohibitions.--The Secretary may not directly or
indirectly require a donation or other payment to the
Restoration Fund--
``(A) or environmental restoration or mitigation
fees not otherwise provided by law, as a condition to--
``(i) providing for the storage or
conveyance of non-Central Valley Project water
pursuant to Federal reclamation laws; or
``(ii) the delivery of water pursuant to
section 215 of the Reclamation Reform Act of
1982 (Public Law 97-293; 96 Stat. 1270); or
``(B) for any water that is delivered with the
intent of groundwater recharge or banking.''.
(b) Certain Payments.--Section 3407(c)(1) of the Central Valley
Project Improvement Act is amended--
(1) by striking ``provided for or''; and
(2) by striking ``of fish, wildlife'' and all that follows
through the period and inserting ``of carrying out all
activities described in this title.''.
(c) Adjustment and Assessment of Mitigation and Restoration
Payments.--Section 3407(d)(2)(A) of the Central Valley Project
Improvement Act is amended by inserting ``, or after October 1, 2013,
$4 per megawatt-hour for Central Valley Project power sold to power
contractors (October 2013 price levels)'' after ``$12 per acre-foot
(October 1992 price levels) for municipal and industrial water sold and
delivered by the Central Valley Project''.
(d) Completion of Actions.--Section 3407(d)(2)(A) of the Central
Valley Project Improvement Act is amended by inserting ``not later than
December 31, 2025,'' after ``That upon the completion of the fish,
wildlife, and habitat mitigation and restoration actions mandated under
section 3406,''.
(e) Report; Advisory Board.--Section 3407 of the Central Valley
Project Improvement Act (106 Stat. 4714) is amended by adding at the
end the following:
``(g) Report on Expenditure of Funds.--At the end of each fiscal
year, the Secretary, in consultation with the Restoration Fund Advisory
Board, shall submit to Congress a plan for the expenditure of all of
the funds deposited into the Restoration Fund during the preceding
fiscal year. Such plan shall contain a cost-effectiveness analysis of
each expenditure.
``(h) Advisory Board.--
``(1) Establishment.--There is hereby established the
Restoration Fund Advisory Board (hereinafter in this section
referred to as the `Advisory Board') composed of 12 members
selected by the Secretary, each for four-year terms, one of
whom shall be designated by the Secretary as Chairman. The
members shall be selected so as to represent the various
Central Valley Project stakeholders, four of whom shall be from
CVP agricultural users, three from CVP municipal and industrial
users, three from CVP power contractors, and two at the
discretion of the Secretary. The Secretary and the Secretary of
Commerce may each designate a representative to act as an
observer of the Advisory Board.
``(2) Duties.--The duties of the Advisory Board are as
follows:
``(A) To meet at least semiannually to develop and
make recommendations to the Secretary regarding
priorities and spending levels on projects and programs
carried out pursuant to the Central Valley Project
Improvement Act.
``(B) To ensure that any advice or recommendation
made by the Advisory Board to the Secretary reflect the
independent judgment of the Advisory Board.
``(C) Not later than December 31, 2021, and
annually thereafter, to transmit to the Secretary and
Congress recommendations required under subparagraph
(A).
``(D) Not later than December 31, 2021, and
biennially thereafter, to transmit to Congress a report
that details the progress made in achieving the actions
mandated under section 3406.
``(3) Administration.--With the consent of the appropriate
agency head, the Advisory Board may use the facilities and
services of any Federal agency.''.
SEC. 2007. ADDITIONAL AUTHORITIES.
(a) Authority for Certain Activities.--Section 3408 of the Central
Valley Project Improvement Act (106 Stat. 4728) is amended--
(1) by amending subdivision (c) to read as follows:
``(c) Additional Storage and Delivery of Water.--
``(1) In general.--Pursuant to Federal Reclamation laws and
this title, the Secretary is authorized to enter into contracts
or agreements with any Federal agency, California water user or
water agency, State agency, joint powers authority, or private
organization for the exchange, impoundment, storage, carriage,
and delivery of non-project water for domestic, municipal,
industrial, fish and wildlife, groundwater recharge or banking,
and any other beneficial purpose.
``(2) Limitation.--Nothing in this subsection shall be
deemed to supersede the provisions of section 103 of Public Law
99-546 (100 Stat. 3051).
``(3) Authority for certain activities.--The Secretary
shall use the authority granted by this subsection in
connection with requests to exchange, impound, store, carry, or
deliver non-project water using Central Valley Project
facilities for any beneficial purpose where such facilities are
not otherwise committed or required to fulfill project
purposes, including deliveries under existing contracts, or
other Federal obligations.
``(4) Rates.--The Secretary shall develop rates not to
exceed the amount required to recover the reasonable costs
incurred by the Secretary in connection with a beneficial
purpose under this subsection. Such rates shall be charged to a
party using Central Valley Project facilities for such purpose.
Such costs shall not include any donation or other payment to
the Restoration Fund.
``(5) Construction.--This subsection shall be construed and
implemented to facilitate and encourage the use of Central
Valley Project facilities to exchange, carry, or deliver non-
project water for any beneficial purpose.''; and
(2) by striking subsection (d) and redesignating
subsections (e) through (k) as subsections (d) through (j).
(b) Reporting Requirements.--Section 3408(e) of the Central Valley
Project Improvement Act (106 Stat. 4729) is amended--
(1) by striking ``Interior and Insular Affairs and the
Committee on Merchant Marine and Fisheries'' and inserting
``Natural Resources'';
(2) in the second sentence, by inserting before the period
at the end the following: ``, including progress on the plan
required by subsection (i)''; and
(3) by adding at the end the following: ``The filing and
adequacy of such report shall be personally certified to the
Committees referenced above by the Regional Director of the
Mid-Pacific Region of the Bureau of Reclamation.''.
(c) Project Yield Increase.--Section 3408(i) of the Central Valley
Project Improvement Act (106 Stat. 4730) is amended as follows:
(1) By redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively.
(2) By striking ``In order to minimize adverse effects, if
any, upon'' and inserting ``(1) In general.--In order to
minimize adverse effects upon''.
(3) By striking ``needs, the Secretary,'' and all that
follows through ``submit to the Congress, a'' and inserting
``needs, the Secretary, on a priority basis and not later than
September 30, 2020, shall submit to Congress a''.
(4) By striking ``increase,'' and all that follows through
``options:'' and inserting ``increase, as soon as possible but
not later than September 30, 2023 (except for the construction
of new facilities which shall not be limited by that deadline),
the water of the Central Valley Project by the amount dedicated
and managed for fish and wildlife purposes under this title and
otherwise required to meet the purposes of the Central Valley
Project including satisfying contractual obligations. All costs
incurred in the development and implementation of the plan
required by this subsection shall not be reimbursable to the
United States and shall include recommendations on authorizing
legislation or other measures needed to implement the intent,
purposes, and provisions of this subsection and a description
of how the Secretary intends to use the following options:''.
(5) In subparagraph (A), by inserting ``, including
construction of new water storage facilities'' before the
semicolon.
(6) In subparagraph (F), by striking ``and'' at the end.
(7) In subparagraph (G), by striking the period and all
that follows through the end of the subsection and inserting
``; and''.
(8) By inserting after subparagraph (G) the following:
``(H) Water banking and recharge.''.
(9) By adding at the end the following:
``(2) Implementation of plan.--The Secretary shall
implement the plan required by paragraph (1) commencing on
October 1, 2020.
``(3) Failure of the plan.--Notwithstanding any other
provision of Federal Reclamation laws, if by September 30,
2023, the plan required by paragraph (1) fails to increase the
annual delivery capability of the Central Valley Project by
800,000 acre-feet, implementation of any non-mandatory action
under section 3406(b)(2) shall be suspended until the plan
achieves an increase in the annual delivery capability of the
Central Valley Project by 800,000 acre-feet.''.
(d) Technical Correction.--Section 3408(g) of the Central Valley
Project Improvement Act (106 Stat. 4729) is amended--
(1) in paragraph (1), by striking ``paragraph (h)(2)'' and
inserting ``paragraph (2)''; and
(2) in paragraph (2), by striking ``paragraph (h)(i)'' and
inserting ``paragraph (1)''.
SEC. 2008. AMENDMENTS TO CENTRAL VALLEY PROJECT AUTHORIZATIONS.
Section 2 of the Act of August 26, 1937 (chapter 832; 50 Stat.
850), as amended, is further amended as follows:
(1) In the last proviso of subsection (a)--
(A) by striking ``second, for irrigation and
domestic uses'' and inserting ``second, for irrigation,
domestic, and municipal and industrial uses;'';
(B) by striking ``and fish and wildlife mitigation,
protection and restoration purposes;'';
(C) by striking ``and, third,'' and inserting
``third,'';
(D) by striking ``power and fish and wildlife
enhancement'' and inserting ``power generation;'';
(E) by inserting after ``power generation;''
``fourth, for purposes of mitigating impacts to fish
and wildlife caused by the construction, operation, or
maintenance of the Central Valley Project; and fifth,
for purposes of protecting, enhancing, or helping to
restore fish and wildlife.''; and
(F) by adding at the end the following: ``When
there is insufficient Central Valley Project yield to
meet all the demands for water deliveries from the
Central Valley Project, the Secretary shall apply these
priorities in making allocations of available water.''.
(2) In subsection (b)(1), by striking the last sentence.
SEC. 2009. REGULATORY STREAMLINING.
(a) Applicability of Certain Laws.--Filing of a Notice of
Determination or a Notice of Exemption for any project, including the
issuance of a permit under State law, related to any project of the
Central Valley Project or the delivery of water therefrom in accordance
with the California Environmental Quality Act shall be deemed to meet
the requirements of section 102(2)(C) of the National Environmental
Protection Act of 1969 (42 U.S.C. 4332(2)(C)) for that project or
permit.
(b) Continuation of Project.--The Bureau of Reclamation shall not
be required to cease or modify any major Federal action or other
activity related to any project of the Central Valley Project or the
delivery of water therefrom pending completion of judicial review of
any determination made under the National Environmental Protection Act
of 1969 (42 U.S.C. 4332(2)(C)).
(c) Project Defined.--For the purposes of this section, the term
``project''--
(1) means an activity that--
(A) is undertaken by a public agency, funded by a
public agency, or that requires an issuance of a permit
by a public agency;
(B) has a potential to result in physical change to
the environment; and
(C) may be subject to several discretionary
approvals by governmental agencies;
(2) may include construction activities, clearing or
grading of land, improvements to existing structures, and
activities or equipment involving the issuance of a permit; or
(3) qualifies as a project under the California
Environmental Quality Act as defined in section 21065 of the
California Public Resource Code.
(d) Congressional Direction Regarding Central Valley Project and
California State Water Project Operations.--Notwithstanding any other
provision of law, complying with the Biological Opinion for
Reinitiation of Consultation on the Coordinated Operations of the
Central Valley Project and State Water Project, released by the United
States Fish and Wildlife Service and the National Marine Fisheries
Service on October 21, 2019, combined with efforts carried out pursuant
to Public Law 102-575 and Public Law 114-322, fully meet all
requirements of applicable Federal environmental laws, including the
Endangered Species Act (16 U.S.C. 1531 et seq.) for the Central Valley
Project and the State Water Project.
Subtitle B--San Joaquin River Restoration
SEC. 2101. REPEAL OF THE SAN JOAQUIN RIVER SETTLEMENT.
As of the date of the enactment of this title, the Secretary shall
cease any action to implement the Stipulation of Settlement (Natural
Resources Defense Council, et al. v. Kirk Rodgers, et al., Eastern
District of California, No. Civ. S-88-1658 LKK/GGH).
SEC. 2102. PURPOSE.
Section 10002 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended by striking ``implementation of the
Settlement'' and inserting ``restoration of the San Joaquin River''.
SEC. 2103. DEFINITIONS.
Section 10003 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) The term `Restoration Flows' means the additional
water released or bypassed from Friant Dam to insure that the
target flow entering Mendota Pool, located approximately 62
river miles downstream from Friant Dam, does not fall below 50
cubic feet per second.'';
(2) by striking paragraph (3) and inserting the following:
``(3) The term `Water Year' means March 1 through the last
day of February of the following Calendar Year, both dates
inclusive.''; and
(3) by adding at the end the following new paragraph:
``(4) The term `Critical Water Year' means when the total
unimpaired runoff at Friant Dam is less than 400,000 acre-feet,
as forecasted as of March 1 of that water year by the
California Department of Water Resources.''.
SEC. 2104. IMPLEMENTATION OF RESTORATION.
Section 10004 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``authorized and directed'' and all that
follows through ``in the Settlement:'' and inserting
``authorized to carry out the following:'';
(B) by striking paragraphs (1), (2), (4), and (5);
(C) in paragraph (3)--
(i) by striking ``(3)'' and inserting
``(1)''; and
(ii) by striking ``paragraph 13 of the
Settlement'' and inserting ``this part''; and
(D) by adding at the end the following new
paragraphs:
``(2) In each Water Year, commencing in the Water Year
starting on March 1, 2021--
``(A) shall modify Friant Dam operations so as to
release the Restoration Flows for that Water Year,
except in any Critical Water Year;
``(B) shall ensure that the release of Restoration
Flows are maintained at the level prescribed by this
part, but that Restoration Flows do not reach
downstream of Mendota Pool;
``(C) shall release the Restoration Flows in a
manner that improves the fishery in the San Joaquin
River below Friant Dam, but upstream of Gravelly Ford
in existence as of the date of the enactment of this
part, and the associated riparian habitat; and
``(D) may, without limiting the actions required
under paragraphs (A) and (C) and subject to subsections
10004(a)(3) and 10004(l), use the Restoration Flows to
enhance or restore a warm water fishery downstream of
Gravelly Ford to and including Mendota Pool, if the
Secretary determines that it is reasonable, prudent,
and feasible to do so.
``(3) Not later than 1 year after the date of the enactment
of this section, the Secretary shall develop and implement, in
cooperation with the State of California, a reasonable plan, to
fully recirculate, recapture, reuse, exchange, or transfer all
Restoration Flows and provide such recirculated, recaptured,
reused, exchanged, or transferred flows to those contractors
within the Friant Division, Hidden Unit, and Buchanan Unit of
the Central Valley Project that relinquished the Restoration
Flows so recirculated, recaptured, reused, exchanged, or
transferred. Such a plan shall address any impact on ground
water resources within the service area of the Friant Division,
Hidden Unit, and Buchanan Unit of the Central Valley Project
and mitigation may include ground water banking and recharge
projects. Such a plan shall not impact the water supply or
water rights of any entity outside the Friant Division, Hidden
Unit, and Buchanan Unit of the Central Valley Project. Such a
plan shall be subject to applicable provisions of California
water law and the Secretary's use of Central Valley Project
facilities to make Project water (other than water released
from Friant Dam pursuant to this part) and water acquired
through transfers available to existing south-of-Delta Central
Valley Project contractors.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``the
Settlement'' and inserting ``this part''; and
(B) in paragraph (2), by striking ``the
Settlement'' and inserting ``this part'';
(3) in subsection (c), by striking ``the Settlement'' and
inserting ``this part'';
(4) by striking subsection (d) and inserting the following:
``(d) Mitigation of Impacts.--Prior to October 1, 2020, the
Secretary shall identify--
``(1) the impacts associated with the release of
Restoration Flows prescribed in this part;
``(2) the measures which shall be implemented to mitigate
impacts on adjacent and downstream water users, landowners and
agencies as a result of Restoration Flows prescribed in this
part; and
``(3) prior to the implementation of decisions or
agreements to construct, improve, operate, or maintain
facilities that the Secretary determines are needed to
implement this part, the Secretary shall implement all
mitigations measures identified in subsection (d)(2) before
Restoration Flows are commenced.'';
(5) in subsection (e), by striking ``the Settlement'' and
inserting ``this part'';
(6) in subsection (f), by striking ``the Settlement'' and
all that follows through ``section 10011'' and insert ``this
part'';
(7) in subsection (g)--
(A) by striking ``the Settlement and'' before this
part; and
(B) by striking ``or exchange contract'' and
inserting ``exchange contract, or water rights
settlement or holding contracts'';
(8) in subsection (h)--
(A) by striking ``Interim'' in the header;
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``Interim Flows under the
Settlement'' and inserting ``Restoration Flows
under this part'';
(ii) in subparagraph (C)--
(I) in clause (i), by striking
``Interim'' and inserting
``Restoration''; and
(II) in clause (ii), by inserting
``and'' after the semicolon;
(iii) in subparagraph (D), by striking
``and'' at the end; and
(iv) by striking subparagraph (E);
(C) in paragraph (2)--
(i) by striking ``Interim'' and inserting
``Restoration'';
(ii) by striking subparagraph (A); and
(iii) by striking ``(B) exceed'' and
inserting ``exceed'';
(D) in paragraph (3), by striking ``Interim'' and
inserting ``Restoration''; and
(E) by striking paragraph (4) and inserting the
following:
``(4) Claims.--Not later than 60 days after the date of the
enactment of this Act the Secretary shall promulgate a rule
establishing a claims process to address current and future
claims including, but not limited to, ground water seepage,
flooding, or levee instability damages caused as a result of,
arising out of, or related to implementation of subtitle A of
title X of Public Law 111-11.'';
(9) in subsection (i)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``the Settlement and parts I
and III'' and inserting ``this part'';
(ii) in subparagraph (A), by inserting
``and'' after the semicolon;
(iii) in subparagraph (B)--
(I) by striking ``additional
amounts authorized to be appropriated,
including the''; and
(II) by striking ``; and'' and
inserting a period; and
(iv) by striking subparagraph (C); and
(B) by striking paragraph (3); and
(10) by adding at the end the following new subsections:
``(k) No Impacts on Other Interests.--No Central Valley Project or
other water other than San Joaquin River water impounded by or bypassed
from Friant Dam shall be used to implement subsection (a)(2) unless
such use is on a voluntary basis. No cost associated with the
implementation of this section shall be imposed directly or indirectly
on any Central Valley Project contractor, or any other person or
entity, outside the Friant Division, the Hidden Unit, or the Buchanan
Unit, unless such costs are incurred on a voluntary basis. The
implementation of this part shall not result directly or indirectly in
any reduction in water supplies to or water reliability for any Central
Valley Project contractor, any State Water Project contractor, or any
other person or entity, outside the Friant Division, the Hidden Unit,
or the Buchanan Unit, unless such reductions or costs are incurred on a
voluntary basis.
``(l) Priority.--All actions taken under this part shall be
subordinate to the Secretary's use of Central Valley Project facilities
to make Project water available to Project contractors, other than
water released from the Friant Dam pursuant to this part.
``(m) In General.--Notwithstanding section 8 of the Reclamation Act
of 1902, except as expressly provided in this part, including title II
of this Act, this part preempts and supersedes any State law,
regulation, or requirement that imposes more restrictive requirements
or regulations on the activities authorized under this part. Nothing in
this part shall alter or modify the obligations, if any, of the Friant
Division, Hidden Unit, and Buchanan Unit of the Central Valley Project,
or other water users on the San Joaquin River or its tributaries, under
orders issued by the State Water Resources Control Board pursuant to
the Porter-Cologne Water Quality Control Act (California Water Code
sections 13000 et seq.). Any such order shall be consistent with the
congressional authorization for any affected Federal facility as it
pertains to the Central Valley Project.
``(n) Project Implementation.--Projects to implement this title
shall be phased such that each project shall follow the sequencing
identified below and include at least the--
``(1) project purpose and need;
``(2) identification of mitigation measures;
``(3) appropriate environmental review; and
``(4) prior to releasing Restoration Flows under this part,
the Secretary shall--
``(A) complete the implementation of mitigation
measures required; and
``(B) complete implementation of the project.''.
SEC. 2105. DISPOSAL OF PROPERTY; TITLE TO FACILITIES.
Section 10005 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in subsection (a), by striking ``the Settlement
authorized by this part'' and inserting ``this part'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(1) In general.--The
Secretary''; and
(ii) by striking ``the Settlement
authorized by this part'' and inserting ``this
part''; and
(B) by striking paragraph (2); and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``the
Settlement'' and inserting ``this part'';
(B) in paragraph (2)--
(i) by striking ``through the exercise of
its eminent domain authority''; and
(ii) by striking ``the Settlement'' and
inserting ``this part''; and
(C) in paragraph (3), by striking ``section
10009(c)'' and inserting ``section 10009''.
SEC. 2106. COMPLIANCE WITH APPLICABLE LAW.
Section 10006 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``unless
otherwise provided by this part'' before the period at
the end; and
(B) in paragraph (2), by striking ``the
Settlement'' and inserting ``this part'';
(2) in subsection (b), by inserting ``, unless otherwise
provided by this part'' before the period at the end;
(3) in subsection (c)--
(A) in paragraph (2), by striking ``section 10004''
and inserting ``this part''; and
(B) in paragraph (3), by striking ``the
Settlement'' and inserting ``this part''; and
(4) in subsection (d)--
(A) by inserting ``, including without limitation
to sections 10004(d) and 10004(h)(4) of this part,''
after ``implementing this part''; and
(B) by striking ``for implementation of the
Settlement''.
SEC. 2107. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT.
Section 10007 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``the Settlement'' and inserting
``enactment of this part''; and
(B) by inserting: ``and the obligations of the
Secretary and all other parties to protect and keep in
good condition any fish that may be planted or exist
below Friant Dam including any obligations under
section 5937 of the California Fish and Game Code and
the public trust doctrine, and those of the Secretary
and all other parties under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.).'' before ``,
provided''; and
(2) in paragraph (1), by striking ``, as provided in the
Settlement''.
SEC. 2108. NO PRIVATE RIGHT OF ACTION.
Section 10008(a) of the San Joaquin River Restoration Settlement
Act (Public Law 111-11) is amended--
(1) by striking ``not a party to the Settlement'' after
``person or entity''; and
(2) by striking ``or the Settlement'' before the period and
inserting ``unless otherwise provided by this part. Any Central
Valley Project long-term water service or repayment contractor
within the Friant Division, Hidden Unit, or Buchanan Unit
adversely affected by the Secretary's failure to comply with
section 10004(a)(3) of this part may bring an action against
the Secretary for injunctive relief or damages, or both.''.
SEC. 2109. IMPLEMENTATION.
Section 10009 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in the header by striking ``; settlement fund'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``the Settlement'' the
first place it appears and inserting ``this
part'';
(ii) by striking ``, estimated to total''
and all that follows through ``subsection
(b)(1),''; and
(iii) by striking ``provided however,'' and
all that follows through ``$110,000,000 of
State funds'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``(A)
In general.--The Secretary'' and inserting
``The Secretary''; and
(ii) by striking subparagraph (B); and
(C) in paragraph (3)--
(i) by striking ``Except as provided in the
Settlement, to'' and inserting ``To''; and
(ii) by striking ``this Settlement'' and
inserting ``this part'';
(3) in subsection (b)(1)--
(A) by striking ``In addition'' through ``however,
that the'' and inserting ``The'';
(B) by striking ``such additional appropriations
only in amounts equal to''; and
(C) by striking ``or the Settlement'' before the
period;
(4) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``the Settlement'' and
inserting ``this part'';
(ii) in subparagraph (C), by striking
``from the sale of water pursuant to the
Settlement, or''; and
(iii) in subparagraph (D), by striking
``the Settlement'' and inserting ``this part'';
(B) in paragraph (2), by striking ``the Settlement
and'' before ``this part''; and
(5) by striking subsections (d) through (f).
SEC. 2110. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF
CONSTRUCTION COSTS.
Section 10010 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(D), by striking ``the
Settlement and'' before ``this part''; and
(B) in paragraph (4)(C), by striking ``the
Settlement and'' before ``this part'';
(2) in subsection (c), by striking paragraph (3);
(3) in subsection (d)(1), by striking ``the Settlement'' in
both places it appears and inserting ``this part'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``Interim Flows or
Restoration Flows, pursuant to paragraphs 13 or
15 of the Settlement'' and inserting
``Restoration Flows, pursuant to this part'';
(ii) by striking ``Interim Flows or''
before ``Restoration Flows''; and
(iii) by striking ``the Interim Flows or
Restoration Flows or is intended to otherwise
facilitate the Water Management Goal, as
described in the Settlement'' and inserting
``Restoration Flows''; and
(B) in paragraph (2)--
(i) by striking ``except as provided in
paragraph 16(b) of the Settlement'' after
``Friant Division long-term contractor''; and
(ii) by striking ``the Interim Flows or
Restoration Flows or to facilitate the Water
Management Goal'' and inserting ``Restoration
Flows''.
SEC. 2111. REPEAL.
Section 10011 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is repealed.
SEC. 2112. WATER SUPPLY MITIGATION.
Section 10202(b) of the San Joaquin River Restoration Settlement
Act (Public Law 111-11) is amended--
(1) in paragraph (1), by striking ``the Interim or
Restoration Flows authorized in part I of this subtitle'' and
inserting ``Restoration Flows authorized in this part'';
(2) in paragraph (2), by striking ``the Interim or
Restoration Flows authorized in part I of this subtitle'' and
inserting ``Restoration Flows authorized in this part''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``meet the
Restoration Goal as described in part I of this
subtitle'' and inserting ``recover Restoration Flows as
described in this part''; and
(B) in subparagraph (C)--
(i) by striking ``the Interim or
Restoration Flows authorized in part I of this
subtitle'' and inserting ``Restoration Flows
authorized in this part''; and
(ii) by striking ``, and for ensuring
appropriate adjustment in the recovered water
account pursuant to section 10004(a)(5)''.
SEC. 2113. ADDITIONAL AUTHORITIES.
Section 10203 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in subsection (b)--
(A) by striking ``section 10004(a)(4)'' and
inserting ``section 10004(a)(3)''; and
(B) by striking ``, provided'' and all that follows
through ``section 10009(f)(2)''; and
(2) by striking subsection (c).
SEC. 2114. PROTECTIONS.
Section 4005 of Public Law 114-322, as amended by this Act, shall
apply to this title.''
TITLE III--REPURPOSING ASSETS TO INCREASE LONG-TERM WATER AVAILABILITY
AND YIELD ACT
SEC. 3001. TREATMENT OF CERTAIN FUNDS DEDICATED FOR HIGH-SPEED RAIL
DEVELOPMENT IN THE STATE OF CALIFORNIA.
(a) Treatment of Funds.--Notwithstanding any other law, the covered
funds described in subsection (b) shall be immediately deposited as
follows:
(1) Ninety percent of funds in the Reclamation Water
Storage Account which shall be made available to the Secretary
of the Interior for water storage projects authorized pursuant
to section 4007 of the Water Infrastructure Improvements for
the Nation Act (Public Law 114-322) (43 U.S.C. 390b note).
(2) Five percent of funds in the Rural Water and Waste
Disposal Program Account which shall be made available to the
Secretary of Agriculture for grants under section 306F of the
Consolidated Farm and Rural Development Act.
(3) Five percent of funds in the Rural Water and Waste
Disposal Program Account which shall be made available to the
Secretary of Agriculture for grants under section 306G of the
Consolidated Farm and Rural Development Act.
(b) Covered Funds.--The covered funds are the following:
(1) The Federal funds received by the Department of
Transportation as a result of the Department of
Transportation's termination and de-obligation of Cooperative
Agreement No. FR-HSR-0118-12-01-01 between the Federal Railroad
Administration and the California High-Speed Rail Authority,
notwithstanding the Omnibus Appropriations Act, 2010 (Public
Law 111-117).
(2) The Federal funds that are recovered by the Department
of Transportation relating to Cooperative Agreement No. FR-HSR-
0009-10-01-06 between the Federal Railroad Administration and
the California High-Speed Rail Authority, notwithstanding the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5).
(3) Any funds determined to be offsets by the Federal
Railroad Administration or the Department of Transportation,
consistent with Cooperative Agreement No. FRA-HSR-0009-10-01-
06.
(c) Cost Share for Water Storage Projects.--Funds made available
pursuant this Act shall not count toward the cost-share provisions of
section 4007 of the Water Infrastructure Improvements for the Nation
Act.
SEC. 3002. NITRATE CONTAMINATION REDUCTION GRANTS.
(a) In General.--Subtitle A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922-1936c) is amended by inserting after
section 306E the following:
``SEC. 306F. NITRATE CONTAMINATION REDUCTION GRANTS.
``(a) In General.--The Secretary shall provide grants in accordance
with this section to public or private nonprofit entities for projects
designed to reduce the level of nitrates in, or remove nitrates from,
drinking water in a rural community where the level of nitrates in
drinking water exceeds applicable Federal or State standards.
``(b) Use of Funds.--Grants made under this section may be used--
``(1) for waterline extensions from existing systems,
laying of new waterlines, repairs or maintenance to an existing
system, digging of new wells or development of other sources of
water designed to replace sources of drinking water with high
levels of nitrates, equipment replacement, and hook-up fees;
and
``(2) in the case of a project designed to benefit a rural
community outside the jurisdiction of the grantee, to maintain
existing water supplies of the grantee that will be reduced as
a result of the project.
``(c) Rural Community.--In this section, the term `rural community'
does not include--
``(1) any area in any city or town with a population in
excess of 10,000 inhabitants according to the most recent
decennial census of the United States; or
``(2) any area with a median household income in excess of
the State nonmetropolitan median household income.
``(d) Full Funding.--Grants under this section shall be made in an
amount equal to 100 percent of the costs of the projects conducted
under this section.
``(e) Application.--Subsection (h) of section 306A shall apply with
respect to the administration of applications for grants under this
section.''.
(b) Repeal.--Effective 5 years after the date of the enactment of
this Act, section 306F of the Consolidated Farm and Rural Development
Act, as added by the amendment made by subsection (a), is repealed.
SEC. 3003. NEW WELL CONSTRUCTION GRANTS.
(a) In General.--Subtitle A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922-1936c) is further amended by inserting
after section 306F the following:
``SEC. 306G. NEW WELL CONSTRUCTION GRANTS.
``(a) In General.--The Secretary shall provide grants in accordance
with this section to public or private nonprofit entities for projects
designed to supply drinking water to rural communities in which a
significant number of dwellings with private drinking water wells have
wells that are not producing water.
``(b) Use of Funds.--Grants made under this section may be used--
``(1) for waterline extensions from existing systems,
laying of new waterlines, repairs or maintenance to an existing
system, digging of new wells or development of other sources of
water designed to replace sources of drinking water with high
levels of nitrates, equipment replacement, and hook-up fees;
and
``(2) in the case of a project designed to benefit a rural
community outside the jurisdiction of the grantee, to maintain
existing water supplies of the grantee that will be reduced as
a result of the project.
``(c) Rural Community.--In this section, the term `rural community'
does not include--
``(1) any area in any city or town with a population in
excess of 10,000 inhabitants according to the most recent
decennial census of the United States; or
``(2) any area with a median household income in excess of
the State nonmetropolitan median household income.
``(d) Full Funding.--Grants under this section shall be made in an
amount equal to 100 percent of the costs of the projects conducted
under this section.
``(e) Application.--Subsection (h) of section 306A shall apply with
respect to the administration of applications for grants under this
section.''.
(b) Repeal.--Effective 5 years after the date of the enactment of
this Act, section 306G of the Consolidated Farm and Rural Development
Act, as added by the amendment made by subsection (a), is repealed.
TITLE IV--HETCH HETCHY DAM
SEC. 4001. HETCH HETCHY RENTAL FEE UPDATE.
Section 7 of the Act of December 13, 1913 (38 Stat. 242), is
amended--
(1) by striking ``pay the sum of $30,000'' and all that
follows in the first sentence and inserting ``pay an amount
determined annually by the Secretary in accordance with the
formula used by the Federal Energy Regulatory Commission for
application to licenses of hydroelectric projects under the
Federal Power Act (16 U.S.C. 791 et seq.), provided that, in no
event shall such amount be less than $597,000.00. Said amount
to be paid on the first day of July of each year.''; and
(2) by amending the second and third sentences to read as
follows: ``These funds shall be placed in a separate fund by
the United States and, notwithstanding any other provision of
law, shall not be available for obligation or expenditure until
appropriated by Congress. The highest priority use of the funds
shall be for annual operation of Yosemite National Park, with
the remainder of any funds to be used to fund operations of
other national parks in the State of California.''.
TITLE V--BUREAU OF RECLAMATION AND BUREAU OF INDIAN AFFAIRS WATER
PROJECT STREAMLINING ACT
SEC. 5001. DEFINITIONS.
In this title:
(1) Environmental impact statement.--The term
``environmental impact statement'' means the detailed statement
of environmental impacts of a project required to be prepared
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) Environmental review process.--
(A) In general.--The term ``environmental review
process'' means the process of preparing an
environmental impact statement, environmental
assessment, categorical exclusion, or other document
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for a project study.
(B) Inclusions.--The term ``environmental review
process'' includes the process for and completion of
any environmental permit, approval, review, or study
required for a project study under any Federal law
other than the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(3) Federal jurisdictional agency.--The term ``Federal
jurisdictional agency'' means a Federal agency with
jurisdiction delegated by law, regulation, order, or otherwise
over a review, analysis, opinion, statement, permit, license,
or other approval or decision required for a project study
under applicable Federal laws (including regulations).
(4) Federal lead agency.--The term ``Federal lead agency''
means the Bureau of Reclamation or Bureau of Indian Affairs.
(5) Project.--The term ``project'' means--
(A) a surface water project, a project under the
purview of title XVI of Public Law 102-575, a rural
water supply project investigated under Public Law 109-
451, or a Federal portion of an integrated water
resource management plan that has been subject to a
review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and is to be carried out,
funded or operated in whole or in party by the
Secretary pursuant to the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.); or
(B) Indian irrigation projects in the western
United States that, on the date of the enactment of
this Act, are owned by the Federal Government, as
listed in the Federal inventory required by Executive
Order 13327 (40 U.S.C. 121 note; relating to Federal
real property asset management).
(6) Project sponsor.--The term ``project sponsor'' means a
State, regional, Tribal, or local authority or instrumentality
or other qualifying entity, such as a water conservation
district, irrigation district, water conservancy district,
joint powers authority, mutual water company, canal company,
rural water district or association, or any other entity that
has the capacity to contract with the United States under
Federal reclamation law.
(7) Project study.--The term ``project study'' means a
feasibility study for a project carried out pursuant to the Act
of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Surface water storage.--The term ``surface water
storage'' means any surface water reservoir or impoundment that
would be owned, funded or operated in whole or in part by the
Bureau of Reclamation or the Bureau of Indian Affairs or that
would be integrated into a larger system owned, operated or
administered in whole or in part by the Bureau of Reclamation
or the Bureau of Indian Affairs.
SEC. 5002. ACCELERATION OF STUDIES.
(a) In General.--To the extent practicable, a project study
initiated by the Secretary, after the date of the enactment of this
Act, shall--
(1) result in the completion of a final feasibility report
not later than 3 years after the date of initiation;
(2) have a maximum Federal cost of $3,000,000; and
(3) ensure that personnel from the local project area,
region, and headquarters levels of the Bureau of Reclamation or
the Bureau of Indian Affairs concurrently conduct the review
required under that section.
(b) Extension.--If the Secretary determines that a project study
described in subsection (a) will not be conducted in accordance with
subsection (a), the Secretary, not later than 30 days after the date of
making the determination, shall--
(1) prepare an updated project study schedule and cost
estimate;
(2) notify the non-Federal project cost-sharing partner
that the project study has been delayed; and
(3) provide written notice to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate as to the reasons
the requirements of subsection (a) are not attainable.
(c) Exception.--
(1) In general.--Notwithstanding the requirements of
subsection (a), the Secretary may extend the timeline of a
project study by a period not to exceed 3 years, if the
Secretary determines that the project study is too complex to
comply with the requirements of subsection (a).
(2) Factors.--In making a determination that a study is too
complex to comply with the requirements of subsection (a), the
Secretary shall consider--
(A) the type, size, location, scope, and overall
cost of the project;
(B) whether the project will use any innovative
design or construction techniques;
(C) whether the project will require significant
action by other Federal, State, or local agencies;
(D) whether there is significant public dispute as
to the nature or effects of the project; and
(E) whether there is significant public dispute as
to the economic or environmental costs or benefits of
the project.
(3) Notification.--Each time the Secretary makes a
determination under this subsection, the Secretary shall
provide written notice to the Committee on Natural Resources of
the House of Representatives and the Committees on Energy and
Natural Resources and Indian Affairs of the Senate as to the
results of that determination, including an identification of
the specific one or more factors used in making the
determination that the project is complex.
(4) Limitation.--The Secretary shall not extend the
timeline for a project study for a period of more than 7 years,
and any project study that is not completed before that date
shall no longer be authorized.
(d) Reviews.--Not later than 90 days after the date of the
initiation of a project study described in subsection (a), the
Secretary shall--
(1) take all steps necessary to initiate the process for
completing federally mandated reviews that the Secretary is
required to complete as part of the study, including the
environmental review process under section 5;
(2) convene a meeting of all Federal, Tribal, and State
agencies identified under section 5(d) that may--
(A) have jurisdiction over the project;
(B) be required by law to conduct or issue a
review, analysis, opinion, or statement for the project
study; or
(C) be required to make a determination on issuing
a permit, license, or other approval or decision for
the project study; and
(3) take all steps necessary to provide information that
will enable required reviews and analyses related to the
project to be conducted by other agencies in a thorough and
timely manner.
(e) Interim Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committees on
Energy and Natural Resources and Indian Affairs of the Senate and make
publicly available a report that describes--
(1) the status of the implementation of the planning
process under this section, including the number of
participating projects;
(2) a review of project delivery schedules, including a
description of any delays on those studies initiated prior to
the date of the enactment of this Act; and
(3) any recommendations for additional authority necessary
to support efforts to expedite the project.
(f) Final Report.--Not later than 4 years after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committees on
Energy and Natural Resources and Indian Affairs of the Senate and make
publicly available a report that describes--
(1) the status of the implementation of this section,
including a description of each project study subject to the
requirements of this section;
(2) the amount of time taken to complete each project
study; and
(3) any recommendations for additional authority necessary
to support efforts to expedite the project study process,
including an analysis of whether the limitation established by
subsection (a)(2) needs to be adjusted to address the impacts
of inflation.
SEC. 5003. EXPEDITED COMPLETION OF REPORTS.
The Secretary shall--
(1) expedite the completion of any ongoing project study
initiated before the date of the enactment of this Act; and
(2) if the Secretary determines that the project is
justified in a completed report, proceed directly to
preconstruction planning, engineering, and design of the
project in accordance with the Reclamation Act of 1902 (32
Stat. 388), and all Acts amendatory thereof or supplementary
thereto.
SEC. 5004. PROJECT ACCELERATION.
(a) Applicability.--
(1) In general.--This section shall apply to--
(A) each project study that is initiated after the
date of the enactment of this Act and for which an
environmental impact statement is prepared under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(B) the extent determined appropriate by the
Secretary, to other project studies initiated before
the date of the enactment of this Act and for which an
environmental review process document is prepared under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(C) any project study for the development of a non-
federally owned and operated surface water storage
project for which the Secretary determines there is a
demonstrable Federal interest and the project--
(i) is located in a river basin where other
Bureau of Reclamation or the Bureau of Indian
Affairs water projects are located;
(ii) will create additional water supplies
that support Bureau of Reclamation or the
Bureau of Indian Affairs water projects; or
(iii) will become integrated into the
operation of Bureau of Reclamation or the
Bureau of Indian Affairs water projects.
(2) Flexibility.--Any authority granted under this section
may be exercised, and any requirement established under this
section may be satisfied, for the conduct of an environmental
review process for a project study, a class of project studies,
or a program of project studies.
(3) List of project studies.--
(A) In general.--The Secretary shall annually
prepare, and make publicly available, a list of all
project studies that the Secretary has determined--
(i) meet the standards described in
paragraph (1); and
(ii) do not have adequate funding to make
substantial progress toward the completion of
the project study.
(B) Inclusions.--The Secretary shall include for
each project study on the list under subparagraph (A) a
description of the estimated amounts necessary to make
substantial progress on the project study.
(b) Project Review Process.--
(1) In general.--The Secretary shall develop and implement
a coordinated environmental review process for the development
of project studies.
(2) Coordinated review.--The coordinated environmental
review process described in paragraph (1) shall require that
any review, analysis, opinion, statement, permit, license, or
other approval or decision issued or made by a Federal, State,
or local governmental agency or an Indian Tribe for a project
study described in subsection (b) be conducted, to the maximum
extent practicable, concurrently with any other applicable
governmental agency or Indian Tribe.
(3) Timing.--The coordinated environmental review process
under this subsection shall be completed not later than the
date on which the Secretary, in consultation and concurrence
with the agencies identified under section 5(d), establishes
with respect to the project study.
(c) Lead Agencies.--
(1) Joint lead agencies.--
(A) In general.--Subject to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and the requirements of section 1506.8 of
title 40, Code of Federal Regulations (or successor
regulations), including the concurrence of the proposed
joint lead agency, a project sponsor may serve as the
joint lead agency.
(B) Project sponsor as joint lead agency.--A
project sponsor that is a State or local governmental
entity may--
(i) with the concurrence of the Secretary,
serve as a joint lead agency with the Federal
lead agency for purposes of preparing any
environmental document under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(ii) prepare any environmental review
process document under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) required in support of any action
or approval by the Secretary if--
(I) the Secretary provides guidance
in the preparation process and
independently evaluates that document;
(II) the project sponsor complies
with all requirements applicable to the
Secretary under--
(aa) the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(bb) any regulation
implementing that Act; and
(cc) any other applicable
Federal law; and
(III) the Secretary approves and
adopts the document before the
Secretary takes any subsequent action
or makes any approval based on that
document, regardless of whether the
action or approval of the Secretary
results in Federal funding.
(2) Duties.--The Secretary shall ensure that--
(A) the project sponsor complies with all design
and mitigation commitments made jointly by the
Secretary and the project sponsor in any environmental
document prepared by the project sponsor in accordance
with this subsection; and
(B) any environmental document prepared by the
project sponsor is appropriately supplemented to
address any changes to the project the Secretary
determines are necessary.
(3) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection shall be
adopted and used by any Federal agency making any determination
related to the project study to the same extent that the
Federal agency could adopt or use a document prepared by
another Federal agency under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) parts 1500 through 1508 of title 40, Code of
Federal Regulations (or successor regulations).
(4) Roles and responsibility of lead agency.--With respect
to the environmental review process for any project study, the
Federal lead agency shall have authority and responsibility--
(A) to take such actions as are necessary and
proper and within the authority of the Federal lead
agency to facilitate the expeditious resolution of the
environmental review process for the project study; and
(B) to prepare or ensure that any required
environmental impact statement or other environmental
review document for a project study required to be
completed under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) is completed in
accordance with this section and applicable Federal
law.
(d) Participating and Cooperating Agencies.--
(1) Identification of jurisdictional agencies.--With
respect to carrying out the environmental review process for a
project study, the Secretary shall identify, as early as
practicable in the environmental review process, all Federal,
State, and local government agencies and Indian Tribes that
may--
(A) have jurisdiction over the project;
(B) be required by law to conduct or issue a
review, analysis, opinion, or statement for the project
study; or
(C) be required to make a determination on issuing
a permit, license, or other approval or decision for
the project study.
(2) State authority.--If the environmental review process
is being implemented by the Secretary for a project study
within the boundaries of a State, the State, consistent with
State law, may choose to participate in the process and to make
subject to the process all State agencies that--
(A) have jurisdiction over the project;
(B) are required to conduct or issue a review,
analysis, opinion, or statement for the project study;
or
(C) are required to make a determination on issuing
a permit, license, or other approval or decision for
the project study.
(3) Invitation.--
(A) In general.--The Federal lead agency shall
invite, as early as practicable in the environmental
review process, any agency identified under paragraph
(1) to become a participating or cooperating agency, as
applicable, in the environmental review process for the
project study.
(B) Deadline.--An invitation to participate issued
under subparagraph (A) shall set a deadline by which a
response to the invitation shall be submitted, which
may be extended by the Federal lead agency for good
cause.
(4) Procedures.--Section 1501.6 of title 40, Code of
Federal Regulations (as in effect on the date of the enactment
of this Act), shall govern the identification and the
participation of a cooperating agency.
(5) Federal cooperating agencies.--Any Federal agency that
is invited by the Federal lead agency to participate in the
environmental review process for a project study shall be
designated as a cooperating agency by the Federal lead agency
unless the invited agency informs the Federal lead agency, in
writing, by the deadline specified in the invitation that the
invited agency--
(A)(i) has no jurisdiction or authority with
respect to the project;
(ii) has no expertise or information relevant to
the project; or
(iii) does not have adequate funds to participate
in the project; and
(B) does not intend to submit comments on the
project.
(6) Administration.--A participating or cooperating agency
shall comply with this section and any schedule established
under this section.
(7) Effect of designation.--Designation as a participating
or cooperating agency under this subsection shall not imply
that the participating or cooperating agency--
(A) supports a proposed project; or
(B) has any jurisdiction over, or special expertise
with respect to evaluation of, the project.
(8) Concurrent reviews.--Each participating or cooperating
agency shall--
(A) carry out the obligations of that agency under
other applicable law concurrently and in conjunction
with the required environmental review process, unless
doing so would prevent the participating or cooperating
agency from conducting needed analysis or otherwise
carrying out those obligations; and
(B) formulate and implement administrative, policy,
and procedural mechanisms to enable the agency to
ensure completion of the environmental review process
in a timely, coordinated, and environmentally
responsible manner.
(e) Non-Federal Projects Intergrated Into Reclamation Systems.--The
Federal lead agency shall serve in that capacity for the entirety of
all non-Federal projects that will be integrated into a larger system
owned, operated or administered in whole or in part by the Bureau of
Reclamation or the Bureau of Indian Affairs.
(f) Non-Federal Project.--If the Secretary determines that a
project can be expedited by a non-Federal sponsor and that there is a
demonstrable Federal interest in expediting that project, the Secretary
shall take such actions as are necessary to advance such a project as a
non-Federal project, including, but not limited to, entering into
agreements with the non-Federal sponsor of such project to support the
planning, design and permitting of such project as a non-Federal
project.
(g) Programmatic Compliance.--
(1) In general.--The Secretary shall issue guidance
regarding the use of programmatic approaches to carry out the
environmental review process that--
(A) eliminates repetitive discussions of the same
issues;
(B) focuses on the actual issues ripe for analyses
at each level of review;
(C) establishes a formal process for coordinating
with participating and cooperating agencies, including
the creation of a list of all data that are needed to
carry out an environmental review process; and
(D) complies with--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(ii) all other applicable laws.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) as the first step in drafting guidance under
that paragraph, consult with relevant Federal, State,
and local governmental agencies, Indian Tribes, and the
public on the appropriate use and scope of the
programmatic approaches;
(B) emphasize the importance of collaboration among
relevant Federal, State, and local governmental
agencies, and Indian Tribes in undertaking programmatic
reviews, especially with respect to including reviews
with a broad geographical scope;
(C) ensure that the programmatic reviews--
(i) promote transparency, including of the
analyses and data used in the environmental
review process, the treatment of any deferred
issues raised by Federal, State, and local
governmental agencies, Indian Tribes, or the
public, and the temporal and special scales to
be used to analyze those issues;
(ii) use accurate and timely information in
the environmental review process, including--
(I) criteria for determining the
general duration of the usefulness of
the review; and
(II) the timeline for updating any
out-of-date review;
(iii) describe--
(I) the relationship between
programmatic analysis and future tiered
analysis; and
(II) the role of the public in the
creation of future tiered analysis; and
(iv) are available to other relevant
Federal, State, and local governmental
agencies, Indian Tribes, and the public;
(D) allow not fewer than 60 days of public notice
and comment on any proposed guidance; and
(E) address any comments received under
subparagraph (D).
(h) Coordinated Reviews.--
(1) Coordination plan.--
(A) Establishment.--The Federal lead agency shall,
after consultation with and with the concurrence of
each participating and cooperating agency and the
project sponsor or joint lead agency, as applicable,
establish a plan for coordinating public and agency
participation in, and comment on, the environmental
review process for a project study or a category of
project studies.
(B) Schedule.--
(i) In general.--As soon as practicable but
not later than 45 days after the close of the
public comment period on a draft environmental
impact statement, the Federal lead agency,
after consultation with and the concurrence of
each participating and cooperating agency and
the project sponsor or joint lead agency, as
applicable, shall establish, as part of the
coordination plan established in subparagraph
(A), a schedule for completion of the
environmental review process for the project
study.
(ii) Factors for consideration.--In
establishing a schedule, the Secretary shall
consider factors such as--
(I) the responsibilities of
participating and cooperating agencies
under applicable laws;
(II) the resources available to the
project sponsor, joint lead agency, and
other relevant Federal and State
agencies, as applicable;
(III) the overall size and
complexity of the project;
(IV) the overall schedule for and
cost of the project; and
(V) the sensitivity of the natural
and historical resources that could be
affected by the project.
(iii) Modifications.--The Secretary may--
(I) lengthen a schedule established
under clause (i) for good cause; and
(II) shorten a schedule only with
concurrence of the affected
participating and cooperating agencies
and the project sponsor or joint lead
agency, as applicable.
(iv) Dissemination.--A copy of a schedule
established under clause (i) shall be--
(I) provided to each participating
and cooperating agency and the project
sponsor or joint lead agency, as
applicable; and
(II) made available to the public.
(2) Comment deadlines.--The Federal lead agency shall
establish the following deadlines for comment during the
environmental review process for a project study:
(A) Draft environmental impact statements.--For
comments by Federal and State agencies and the public
on a draft environmental impact statement, a period of
not more than 60 days after publication in the Federal
Register of notice of the date of public availability
of the draft environmental impact statement, unless--
(i) a different deadline is established by
agreement of the Federal lead agency, the
project sponsor or joint lead agency, as
applicable, and all participating and
cooperating agencies; or
(ii) the deadline is extended by the
Federal lead agency for good cause.
(B) Other environmental review processes.--For all
other comment periods established by the Federal lead
agency for agency or public comments in the
environmental review process, a period of not more than
30 days after the date on which the materials on which
comment is requested are made available, unless--
(i) a different deadline is established by
agreement of the Federal lead agency, the
project sponsor, or joint lead agency, as
applicable, and all participating and
cooperating agencies; or
(ii) the deadline is extended by the
Federal lead agency for good cause.
(3) Deadlines for decisions under other laws.--In any case
in which a decision under any Federal law relating to a project
study, including the issuance or denial of a permit or license,
is required to be made by the date described in subsection
(i)(5)(B), the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committees on Energy and Natural Resources and Indian Affairs
of the Senate--
(A) as soon as practicable after the 180-day period
described in subsection (i)(5)(B), an initial notice of
the failure of the Federal agency to make the decision;
and
(B) every 60 days thereafter until such date as all
decisions of the Federal agency relating to the project
study have been made by the Federal agency, an
additional notice that describes the number of
decisions of the Federal agency that remain outstanding
as of the date of the additional notice.
(4) Involvement of the public.--Nothing in this subsection
reduces any time period provided for public comment in the
environmental review process under applicable Federal law
(including regulations).
(5) Transparency reporting.--
(A) Reporting requirements.--Not later than 1 year
after the date of the enactment of this Act, the
Secretary shall establish and maintain an electronic
database and, in coordination with other Federal and
State agencies, issue reporting requirements to make
publicly available the status and progress with respect
to compliance with applicable requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and any other Federal, State, or local
approval or action required for a project study for
which this section is applicable.
(B) Project study transparency.--Consistent with
the requirements established under subparagraph (A),
the Secretary shall make publicly available the status
and progress of any Federal, State, Tribal, or local
decision, action, or approval required under applicable
laws for each project study for which this section is
applicable.
(i) Issue Identification and Resolution.--
(1) Cooperation.--The Federal lead agency, the cooperating
agencies, and any participating agencies shall work
cooperatively in accordance with this section to identify and
resolve issues that could delay completion of the environmental
review process or result in the denial of any approval required
for the project study under applicable laws.
(2) Federal lead agency responsibilities.--
(A) In general.--The Federal lead agency shall make
information available to the cooperating agencies and
participating agencies as early as practicable in the
environmental review process regarding the
environmental and socioeconomic resources located
within the project area and the general locations of
the alternatives under consideration.
(B) Data sources.--The information under
subparagraph (A) may be based on existing data sources,
including geographic information systems mapping.
(3) Cooperating and participating agency
responsibilities.--Based on information received from the
Federal lead agency, cooperating and participating agencies
shall identify, as early as practicable, any issues of concern
regarding the potential environmental or socioeconomic impacts
of the project, including any issues that could substantially
delay or prevent an agency from granting a permit or other
approval that is needed for the project study.
(4) Accelerated issue resolution and elevation.--
(A) In general.--On the request of a participating
or cooperating agency or project sponsor, the Secretary
shall convene an issue resolution meeting with the
relevant participating and cooperating agencies and the
project sponsor or joint lead agency, as applicable, to
resolve issues that may--
(i) delay completion of the environmental
review process; or
(ii) result in denial of any approval
required for the project study under applicable
laws.
(B) Meeting date.--A meeting requested under this
paragraph shall be held not later than 21 days after
the date on which the Secretary receives the request
for the meeting, unless the Secretary determines that
there is good cause to extend that deadline.
(C) Notification.--On receipt of a request for a
meeting under this paragraph, the Secretary shall
notify all relevant participating and cooperating
agencies of the request, including the issue to be
resolved and the date for the meeting.
(D) Elevation of issue resolution.--If a resolution
cannot be achieved within the 30-day period beginning
on the date of a meeting under this paragraph and a
determination is made by the Secretary that all
information necessary to resolve the issue has been
obtained, the Secretary shall forward the dispute to
the heads of the relevant agencies for resolution.
(E) Convention by secretary.--The Secretary may
convene an issue resolution meeting under this
paragraph at any time, at the discretion of the
Secretary, regardless of whether a meeting is requested
under subparagraph (A).
(5) Financial penalty provisions.--
(A) In general.--A Federal jurisdictional agency
shall complete any required approval or decision for
the environmental review process on an expeditious
basis using the shortest existing applicable process.
(B) Failure to decide.--
(i) In general.--
(I) Transfer of funds.--If a
Federal jurisdictional agency fails to
render a decision required under any
Federal law relating to a project study
that requires the preparation of an
environmental impact statement or
environmental assessment, including the
issuance or denial of a permit,
license, statement, opinion, or other
approval by the date described in
clause (ii), the amount of funds made
available to support the office of the
head of the Federal jurisdictional
agency shall be reduced by an amount of
funding equal to the amount specified
in item (aa) or (bb) of subclause (II),
and those funds shall be made available
to the division of the Federal
jurisdictional agency charged with
rendering the decision by not later
than 1 day after the applicable date
under clause (ii), and once each week
thereafter until a final decision is
rendered, subject to subparagraph (C).
(II) Amount to be transferred.--The
amount referred to in subclause (I)
is--
(aa) $20,000 for any
project study requiring the
preparation of an environmental
assessment or environmental
impact statement; or
(bb) $10,000 for any
project study requiring any
type of review under the
National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et
seq.) other than an
environmental assessment or
environmental impact statement.
(ii) Description of date.--The date
referred to in clause (i) is the later of--
(I) the date that is 180 days after
the date on which an application for
the permit, license, or approval is
complete; and
(II) the date that is 180 days
after the date on which the Federal
lead agency issues a decision on the
project under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(C) Limitations.--
(i) In general.--No transfer of funds under
subparagraph (B) relating to an individual
project study shall exceed, in any fiscal year,
an amount equal to 1 percent of the funds made
available for the applicable agency office.
(ii) Failure to decide.--The total amount
transferred in a fiscal year as a result of a
failure by an agency to make a decision by an
applicable deadline shall not exceed an amount
equal to 5 percent of the funds made available
for the applicable agency office for that
fiscal year.
(iii) Aggregate.--Notwithstanding any other
provision of law, for each fiscal year, the
aggregate amount of financial penalties
assessed against each applicable agency office
under this Act and any other Federal law as a
result of a failure of the agency to make a
decision by an applicable deadline for
environmental review, including the total
amount transferred under this paragraph, shall
not exceed an amount equal to 9.5 percent of
the funds made available for the agency office
for that fiscal year.
(D) Notification of transfers.--Not later than 10
days after the last date in a fiscal year on which
funds of the Federal jurisdictional agency may be
transferred under subparagraph (B)(5) with respect to
an individual decision, the agency shall submit to the
appropriate committees of the House of Representatives
and the Senate written notification that includes a
description of--
(i) the decision;
(ii) the project study involved;
(iii) the amount of each transfer under
subparagraph (B) in that fiscal year relating
to the decision;
(iv) the total amount of all transfers
under subparagraph (B) in that fiscal year
relating to the decision; and
(v) the total amount of all transfers of
the agency under subparagraph (B) in that
fiscal year.
(E) No fault of agency.--
(i) In general.--A transfer of funds under
this paragraph shall not be made if the
applicable agency described in subparagraph (A)
notifies, with a supporting explanation, the
Federal lead agency, cooperating agencies, and
project sponsor, as applicable, that--
(I) the agency has not received
necessary information or approvals from
another entity in a manner that affects
the ability of the agency to meet any
requirements under Federal, State, or
local law;
(II) significant new information,
including from public comments, or
circumstances, including a major
modification to an aspect of the
project, requires additional analysis
for the agency to make a decision on
the project application; or
(III) the agency lacks the
financial resources to complete the
review under the scheduled timeframe,
including a description of the number
of full-time employees required to
complete the review, the amount of
funding required to complete the
review, and a justification as to why
not enough funding is available to
complete the review by the deadline.
(ii) Lack of financial resources.--If the
agency provides notice under clause (i)(III),
the Inspector General of the agency shall--
(I) conduct a financial audit to
review the notice; and
(II) not later than 90 days after
the date on which the review described
in subclause (I) is completed, submit
to the Committee on Natural Resources
of the House of Representatives and the
Committee on Energy and Natural
Resources of the Senate the results of
the audit conducted under subclause
(I).
(F) Limitation.--The Federal agency from which
funds are transferred pursuant to this paragraph shall
not reprogram funds to the office of the head of the
agency, or equivalent office, to reimburse that office
for the loss of the funds.
(G) Effect of paragraph.--Nothing in this paragraph
affects or limits the application of, or obligation to
comply with, any Federal, State, local, or Tribal law.
(j) Memorandum of Agreements for Early Coordination.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the Secretary and other Federal agencies with
relevant jurisdiction in the environmental review
process should cooperate with each other, State and
local agencies, and Indian Tribes on environmental
review and Bureau of Reclamation project delivery
activities at the earliest practicable time to avoid
delays and duplication of effort later in the process,
prevent potential conflicts, and ensure that planning
and project development decisions reflect environmental
values; and
(B) the cooperation referred to in subparagraph (A)
should include the development of policies and the
designation of staff that advise planning agencies and
project sponsors of studies or other information
foreseeably required for later Federal action and early
consultation with appropriate State and local agencies
and Indian Tribes.
(2) Technical assistance.--If requested at any time by a
State or project sponsor, the Secretary and other Federal
agencies with relevant jurisdiction in the environmental review
process, shall, to the maximum extent practicable and
appropriate, as determined by the agencies, provide technical
assistance to the State or project sponsor in carrying out
early coordination activities.
(3) Memorandum of agency agreement.--If requested at any
time by a State or project sponsor, the Federal lead agency, in
consultation with other Federal agencies with relevant
jurisdiction in the environmental review process, may establish
memoranda of agreement with the project sponsor, Indian Tribes,
State and local governments, and other appropriate entities to
carry out the early coordination activities, including
providing technical assistance in identifying potential impacts
and mitigation issues in an integrated fashion.
(k) Limitations.--Nothing in this section preempts or interferes
with--
(1) any obligation to comply with the provisions of any
Federal law, including--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) any other Federal environmental law;
(2) the reviewability of any final Federal agency action in
a court of the United States or in the court of any State;
(3) any requirement for seeking, considering, or responding
to public comment; or
(4) any power, jurisdiction, responsibility, duty, or
authority that a Federal, State, or local governmental agency,
Indian Tribe, or project sponsor has with respect to carrying
out a project or any other provision of law applicable to
projects.
(l) Timing of Claims.--
(1) Timing.--
(A) In general.--Notwithstanding any other
provision of law, a claim arising under Federal law
seeking judicial review of a permit, license, or other
approval issued by a Federal agency for a project study
shall be barred unless the claim is filed not later
than 3 years after publication of a notice in the
Federal Register announcing that the permit, license,
or other approval is final pursuant to the law under
which the agency action is taken, unless a shorter time
is specified in the Federal law that allows judicial
review.
(B) Applicability.--Nothing in this subsection
creates a right to judicial review or places any limit
on filing a claim that a person has violated the terms
of a permit, license, or other approval.
(2) New information.--
(A) In general.--The Secretary shall consider new
information received after the close of a comment
period if the information satisfies the requirements
for a supplemental environmental impact statement under
title 40, Code of Federal Regulations (including
successor regulations).
(B) Separate action.--The preparation of a
supplemental environmental impact statement or other
environmental document, if required under this section,
shall be considered a separate final agency action and
the deadline for filing a claim for judicial review of
the action shall be 3 years after the date of
publication of a notice in the Federal Register
announcing the action relating to such supplemental
environmental impact statement or other environmental
document.
(m) Categorical Exclusions.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall--
(A) survey the use by the Bureau of Reclamation and
the Bureau of Indian Affairs of categorical exclusions
in projects since 2005;
(B) publish a review of the survey that includes a
description of--
(i) the types of actions that were
categorically excluded or could be the basis
for developing a new categorical exclusion; and
(ii) any requests previously received by
the Secretary for new categorical exclusions;
and
(C) solicit requests from other Federal agencies
and project sponsors for new categorical exclusions.
(2) New categorical exclusions.--Not later than 1 year
after the date of the enactment of this Act, if the Secretary
has identified a category of activities that merit establishing
a categorical exclusion that did not exist on the day before
the date of the enactment of this Act based on the review under
paragraph (1), the Secretary shall publish a notice of proposed
rulemaking to propose that new categorical exclusion, to the
extent that the categorical exclusion meets the criteria for a
categorical exclusion under section 1508.4 of title 40, Code of
Federal Regulations (or successor regulation).
(n) Review of Project Acceleration Reforms.--
(1) In general.--The Comptroller General of the United
States shall--
(A) assess the reforms carried out under this
section; and
(B) not later than 5 years and not later than 10
years after the date of the enactment of this Act,
submit to the Committee on Natural Resources of the
House of Representatives and the Committees on Energy
and Natural Resources and Indian Affairs of the Senate
a report that describes the results of the assessment.
(2) Contents.--The reports under paragraph (1) shall
include an evaluation of impacts of the reforms carried out
under this section on--
(A) project delivery;
(B) compliance with environmental laws; and
(C) the environmental impact of projects.
(o) Performance Measurement.--The Secretary shall establish a
program to measure and report on progress made toward improving and
expediting the planning and environmental review process.
(p) Categorical Exclusions in Emergencies.--For the repair,
reconstruction, or rehabilitation of a Bureau of Reclamation or Bureau
of Indian Affairs project that is in operation or under construction
when damaged by an event or incident that results in a declaration by
the President of a major disaster or emergency pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), the Secretary shall treat such repair, reconstruction,
or rehabilitation activity as a class of action categorically excluded
from the requirements relating to environmental assessments or
environmental impact statements under section 1508.4 of title 40, Code
of Federal Regulations (or successor regulations), if the repair or
reconstruction activity is--
(1) in the same location with the same capacity,
dimensions, and design as the original Bureau of Reclamation or
Bureau of Indian Affairs project as before the declaration
described in this section; and
(2) commenced within a 2-year period beginning on the date
of a declaration described in this subsection.
SEC. 5005. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than February 1 of each year, the
Secretary shall develop and submit to the Committee on Natural
Resources of the House of Representatives and the Committees on Energy
and Natural Resources and Indian Affairs of the Senate an annual
report, to be entitled ``Report to Congress on Future Water Project
Development'', that identifies the following:
(1) Project reports.--Each project report that meets the
criteria established in subsection (c)(1)(A).
(2) Proposed project studies.--Any proposed project study
submitted to the Secretary by a non-Federal interest pursuant
to subsection (b) that meets the criteria established in
subsection (c)(1)(A).
(3) Proposed modifications.--Any proposed modification to
an authorized water project or project study that meets the
criteria established in subsection (c)(1)(A) that--
(A) is submitted to the Secretary by a non-Federal
interest pursuant to subsection (b); or
(B) is identified by the Secretary for
authorization.
(4) Expedited completion of report and determinations.--Any
project study that was expedited and any Secretarial
determinations under section 4 of this Act.
(b) Requests for Proposals.--
(1) Publication.--Not later than May 1 of each year, the
Secretary shall publish in the Federal Register a notice
requesting proposals from non-Federal interests for proposed
project studies and proposed modifications to authorized
projects and project studies to be included in the annual
report.
(2) Deadline for requests.--The Secretary shall include in
each notice required by this subsection a requirement that non-
Federal interests submit to the Secretary any proposals
described in paragraph (1) by not later than 120 days after the
date of publication of the notice in the Federal Register in
order for the proposals to be considered for inclusion in the
annual report.
(3) Notification.--On the date of publication of each
notice required by this subsection, the Secretary shall--
(A) make the notice publicly available, including
on the internet; and
(B) provide written notification of the publication
to the Committee on Natural Resources of the House of
Representatives and the Committees on Energy and
Natural Resources and Indian Affairs of the Senate.
(c) Contents.--
(1) Project reports, proposed project studies, and proposed
modifications.--
(A) Criteria for inclusion in report.--The
Secretary shall include in the annual report only those
project reports, proposed project studies, and proposed
modifications to authorized projects and project
studies that--
(i) are related to the missions and
authorities of the Bureau of Reclamation or the
Bureau of Indian Affairs;
(ii) require specific congressional
authorization, including by an Act of Congress;
(iii) have not been congressionally
authorized;
(iv) have not been included in any previous
annual report; and
(v) if authorized, could be carried out by
the Bureau of Reclamation or the Bureau of
Indian Affairs.
(B) Description of benefits.--
(i) Description.--The Secretary shall
describe in the annual report, to the extent
applicable and practicable, for each proposed
project study and proposed modification to an
authorized water resources development project
or project study included in the annual report,
the benefits, as described in clause (ii), of
each such study or proposed modification.
(ii) Benefits.--The benefits (or expected
benefits, in the case of a proposed project
study) described in this clause are benefits
to--
(I) the protection of human life
and property;
(II) domestic irrigated water and
power supplies;
(III) the national economy;
(IV) the environment; or
(V) the national security interests
of the United States.
(C) Identification of other factors.--The Secretary
shall identify in the annual report, to the extent
practicable--
(i) for each proposed project study
included in the annual report, the non-Federal
interest that submitted the proposed project
study pursuant to subsection (b); and
(ii) for each proposed project study and
proposed modification to a project or project
study included in the annual report, whether
the non-Federal interest has demonstrated--
(I) that local support exists for
the proposed project study or proposed
modification to an authorized project
or project study (including the surface
water storage development project that
is the subject of the proposed
feasibility study or the proposed
modification to an authorized project
study); and
(II) the financial ability to
provide the required non-Federal cost
share.
(2) Transparency.--The Secretary shall include in the
annual report, for each project report, proposed project study,
and proposed modification to a project or project study
included under paragraph (1)(A)--
(A) the name of the associated non-Federal
interest, including the name of any non-Federal
interest that has contributed, or is expected to
contribute, a non-Federal share of the cost of--
(i) the project report;
(ii) the proposed project study;
(iii) the authorized project study for
which the modification is proposed; or
(iv) construction of--
(I) the project that is the subject
of--
(aa) the water report;
(bb) the proposed project
study; or
(cc) the authorized project
study for which a modification
is proposed; or
(II) the proposed modification to a
project;
(B) a letter or statement of support for the water
report, proposed project study, or proposed
modification to a project or project study from each
associated non-Federal interest;
(C) the purpose of the feasibility report, proposed
feasibility study, or proposed modification to a
project or project study;
(D) an estimate, to the extent practicable, of the
Federal, non-Federal, and total costs of--
(i) the proposed modification to an
authorized project study; and
(ii) construction of--
(I) the project that is the subject
of--
(aa) the project report; or
(bb) the authorized project
study for which a modification
is proposed, with respect to
the change in costs resulting
from such modification; or
(II) the proposed modification to
an authorized project; and
(E) an estimate, to the extent practicable, of the
monetary and nonmonetary benefits of--
(i) the project that is the subject of--
(I) the project report; or
(II) the authorized project study
for which a modification is proposed,
with respect to the benefits of such
modification; or
(ii) the proposed modification to an
authorized project.
(3) Certification.--The Secretary shall include in the
annual report a certification stating that each feasibility
report, proposed feasibility study, and proposed modification
to a project or project study included in the annual report
meets the criteria established in paragraph (1)(A).
(4) Appendix.--The Secretary shall include in the annual
report an appendix listing the proposals submitted under
subsection (b) that were not included in the annual report
under paragraph (1)(A) and a description of why the Secretary
determined that those proposals did not meet the criteria for
inclusion under such paragraph.
(d) Special Rule for Initial Annual Report.--Notwithstanding any
other deadlines required by this section, the Secretary shall--
(1) not later than 60 days after the date of the enactment
of this Act, publish in the Federal Register a notice required
by subsection (b)(1); and
(2) include in such notice a requirement that non-Federal
interests submit to the Secretary any proposals described in
subsection (b)(1) by not later than 120 days after the date of
publication of such notice in the Federal Register in order for
such proposals to be considered for inclusion in the first
annual report developed by the Secretary under this section.
(e) Publication.--Upon submission of an annual report to Congress,
the Secretary shall make the annual report publicly available,
including through publication on the internet.
(f) Definition.--In this section, the term ``project report'' means
a final feasibility report developed under the Reclamation Act of 1902
(32 Stat. 388), and all Acts amendatory thereof or supplementary
thereto.
SEC. 5006. APPLICABILITY OF THE WIIN ACT.
Sections 3221 through 3226, 4007 and 4009 of the WIIN Act (Public
Law 114-322) shall not apply to any project (as defined in section 2 of
this Act).
TITLE VI--WATER SUPPLY PERMITTING COORDINATION ACT
SEC. 6001. DEFINITIONS.
In this title:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) Cooperating agencies.--The term ``cooperating agency''
means a Federal agency with jurisdiction over a review,
analysis, opinion, statement, permit, license, or other
approval or decision required for a qualifying project under
applicable Federal laws and regulations, or a State agency
subject to section 3(c).
(3) Qualifying projects.--The term ``qualifying projects''
means new surface water storage projects in the States covered
under the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts supplemental to and amendatory of that Act (43 U.S.C.
371 et seq.) constructed on lands administered by the
Department of the Interior or the Department of Agriculture,
exclusive of any easement, right-of-way, lease, or any private
holding, unless the project applicant elects not to participate
in the process authorized by this Act. Such term shall also
include State-led projects (as defined in section 4007(a)(2) of
the WIIN Act) for new surface water storage projects in the
States covered under the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of that
Act (43 U.S.C. 371 et seq.), constructed on lands administered
by the Department of the Interior or the Department of
Agriculture, exclusive of any easement, right-of-way, lease, or
any private holding, unless the project applicant elects not to
participate in the process authorized by this Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 6002. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES.
(a) Establishment of Lead Agency.--The Bureau is established as the
lead agency for purposes of coordinating all reviews, analyses,
opinions, statements, permits, licenses, or other approvals or
decisions required under Federal law to construct qualifying projects.
(b) Identification and Establishment of Cooperating Agencies.--The
Commissioner of the Bureau shall--
(1) identify, as early as practicable upon receipt of an
application for a qualifying project, any Federal agency that
may have jurisdiction over a review, analysis, opinion,
statement, permit, license, approval, or decision required for
a qualifying project under applicable Federal laws and
regulations; and
(2) notify any such agency, within a reasonable timeframe,
that the agency has been designated as a cooperating agency in
regards to the qualifying project unless that agency responds
to the Bureau in writing, within a timeframe set forth by the
Bureau, notifying the Bureau that the agency--
(A) has no jurisdiction or authority with respect
to the qualifying project;
(B) has no expertise or information relevant to the
qualifying project or any review, analysis, opinion,
statement, permit, license, or other approval or
decision associated therewith; or
(C) does not intend to submit comments on the
qualifying project or conduct any review of such a
project or make any decision with respect to such
project in a manner other than in cooperation with the
Bureau.
(c) State Authority.--A State in which a qualifying project is
being considered may choose, consistent with State law--
(1) to participate as a cooperating agency; and
(2) to make subject to the processes of this Act all State
agencies that--
(A) have jurisdiction over the qualifying project;
(B) are required to conduct or issue a review,
analysis, or opinion for the qualifying project; or
(C) are required to make a determination on issuing
a permit, license, or approval for the qualifying
project.
SEC. 6003. BUREAU RESPONSIBILITIES.
(a) In General.--The principal responsibilities of the Bureau under
this Act are--
(1) to serve as the point of contact for applicants, State
agencies, Indian Tribes, and others regarding proposed
qualifying projects;
(2) to coordinate preparation of unified environmental
documentation that will serve as the basis for all Federal
decisions necessary to authorize the use of Federal lands for
qualifying projects; and
(3) to coordinate all Federal agency reviews necessary for
project development and construction of qualifying projects.
(b) Coordination Process.--The Bureau shall have the following
coordination responsibilities:
(1) Preapplication coordination.--Notify cooperating
agencies of proposed qualifying projects not later than 30 days
after receipt of a proposal and facilitate a preapplication
meeting for prospective applicants, relevant Federal and State
agencies, and Indian Tribes--
(A) to explain applicable processes, data
requirements, and applicant submissions necessary to
complete the required Federal agency reviews within the
timeframe established; and
(B) to establish the schedule for the qualifying
project.
(2) Consultation with cooperating agencies.--Consult with
the cooperating agencies throughout the Federal agency review
process, identify and obtain relevant data in a timely manner,
and set necessary deadlines for cooperating agencies.
(3) Schedule.--Work with the qualifying project applicant
and cooperating agencies to establish a project schedule. In
establishing the schedule, the Bureau shall consider, among
other factors--
(A) the responsibilities of cooperating agencies
under applicable laws and regulations;
(B) the resources available to the cooperating
agencies and the non-Federal qualifying project
sponsor, as applicable;
(C) the overall size and complexity of the
qualifying project;
(D) the overall schedule for and cost of the
qualifying project; and
(E) the sensitivity of the natural and historic
resources that may be affected by the qualifying
project.
(4) Environmental compliance.--Prepare a unified
environmental review document for each qualifying project
application, incorporating a single environmental record on
which all cooperating agencies with authority to issue
approvals for a given qualifying project shall base project
approval decisions. Help ensure that cooperating agencies make
necessary decisions, within their respective authorities,
regarding Federal approvals in accordance with the following
timelines:
(A) Not later than 1 year after acceptance of a
completed project application when an environmental
assessment and finding of no significant impact is
determined to be the appropriate level of review under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) Not later than 1 year and 30 days after the
close of the public comment period for a draft
environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), when an environmental impact statement is
required under the same.
(5) Consolidated administrative record.--Maintain a
consolidated administrative record of the information assembled
and used by the cooperating agencies as the basis for agency
decisions.
(6) Project data records.--To the extent practicable and
consistent with Federal law, ensure that all project data is
submitted and maintained in generally accessible electronic
format, compile, and where authorized under existing law, make
available such project data to cooperating agencies, the
qualifying project applicant, and to the public.
(7) Project manager.--Appoint a project manager for each
qualifying project. The project manager shall have authority to
oversee the project and to facilitate the issuance of the
relevant final authorizing documents, and shall be responsible
for ensuring fulfillment of all Bureau responsibilities set
forth in this section and all cooperating agency
responsibilities under section 5.
SEC. 6004. COOPERATING AGENCY RESPONSIBILITIES.
(a) Adherence to Bureau Schedule.--
(1) Timeframes.--On notification of an application for a
qualifying project, the head of each cooperating agency shall
submit to the Bureau a timeframe under which the cooperating
agency reasonably will be able to complete the authorizing
responsibilities of the cooperating agency.
(2) Schedule.--
(A) Use of timeframes.--The Bureau shall use the
timeframes submitted under this subsection to establish
the project schedule under section 4.
(B) Adherence.--Each cooperating agency shall
adhere to the project schedule established by the
Bureau under subparagraph (A).
(b) Environmental Record.--The head of each cooperating agency
shall submit to the Bureau all environmental review material produced
or compiled in the course of carrying out activities required under
Federal law, consistent with the project schedule established by the
Bureau under subsection (a)(2).
(c) Data Submission.--To the extent practicable and consistent with
Federal law, the head of each cooperating agency shall submit all
relevant project data to the Bureau in a generally accessible
electronic format, subject to the project schedule established by the
Bureau under subsection (a)(2).
SEC. 6005. FUNDING TO PROCESS PERMITS.
(a) In General.--The Secretary, after public notice in accordance
with subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure Act''),
may accept and expend funds contributed by a non-Federal public entity
to expedite the evaluation of a permit of that entity related to a
qualifying project.
(b) Effect on Permitting.--
(1) Evaluation of permits.--In carrying out this section,
the Secretary shall ensure that the evaluation of permits
carried out using funds accepted under this section shall--
(A) be reviewed by the Regional Director of the
Bureau of the region in which the qualifying project or
activity is located (or a designee); and
(B) use the same procedures for decisions that
would otherwise be required for the evaluation of
permits for similar projects or activities not carried
out using funds authorized under this section.
(2) Impartial decision making.--In carrying out this
section, the Secretary and the head of each cooperating agency
receiving funds under this section for a qualifying project
shall ensure that the use of the funds accepted under this
section for the qualifying project shall not--
(A) substantively or procedurally impact impartial
decision making with respect to the issuance of
permits; or
(B) diminish, modify, or otherwise affect the
statutory or regulatory authorities of the cooperating
agency.
(c) Limitation on Use of Funds.--None of the funds accepted under
this section shall be used to carry out a review of the evaluation of
permits required under subsection (b)(1)(A).
(d) Public Availability.--The Secretary shall ensure that all final
permit decisions carried out using funds authorized under this section
are made available to the public, including on the internet.
TITLE VII--FEDERALLY INTEGRATED SPECIES HEALTH ACT
SEC. 7001. TRANSFER OF FUNCTIONS WITH RESPECT TO ANADROMOUS SPECIES AND
CATADROMOUS SPECIES.
(a) Transfer of Functions.--All functions with respect to
anadromous species and catadromous species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) that were vested in the Secretary
of Commerce or the National Marine Fisheries Service immediately before
the enactment of this Act are transferred to the Secretary of the
Interior.
(b) Conforming Amendments.--The Endangered Species Act of 1973 is
amended--
(1) in section 3(15) (16 U.S.C. 1532(15))--
(A) by inserting ``(A)'' after ``(15)''; and
(B) by adding at the end the following:
``(B) Notwithstanding subparagraph (A), with
respect to anadromous species and catadromous species,
the term `Secretary' means the Secretary of the
Interior.''; and
(2) in section 3 (16 U.S.C. 1532) by adding at the end the
following:
``(22) The term `anadromous species' means a species of
fish that spawn in fresh or estuarine waters and that migrate
to ocean waters.
``(23) The term `catadromous species' means a species of
fish that spawn in ocean waters and migrate to fresh waters.''.
SEC. 7002. MISCELLANEOUS PROVISIONS.
(a) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to a department or office from which a function is
transferred by this Act--
(1) to the head of such department or office is deemed to
refer to the Secretary of the Interior; or
(2) to such department or office is deemed to refer to the
Department of the Interior.
(b) Exercise of Authorities.--Except as otherwise provided by law,
the Secretary of the Interior may, for purposes of performing the
functions transferred by this Act, exercise all authorities under the
Endangered Species Act of 1973 that were available with respect to the
performance of that function immediately before the effective date of
the transfer of the function under this Act.
(c) Savings Provisions.--
(1) Legal documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(A) that have been issued, made, granted, or
allowed to become effective by the Secretary of
Commerce, any officer or employee of the Department of
Commerce, or any other Government official in the
performance of any function that is transferred by this
Act, or by a court of competent jurisdiction with
respect to such performance; and
(B) that are in effect on the effective date of
this Act (or become effective after such date pursuant
to their terms as in effect on such effective date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law.
(2) Proceedings.--
(A) In general.--This Act shall not affect any
proceedings or any application for any benefits,
service, license, permit, certificate, or financial
assistance pending on the date of the enactment of this
Act before an office transferred by this Act. Such
proceedings and applications shall be continued. Orders
shall be issued in such proceedings, appeals shall be
taken therefrom, and payments shall be made pursuant to
such orders, as if this Act had not been enacted, and
orders issued in any such proceeding shall continue in
effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law.
(B) Limitation.--Nothing in this paragraph shall be
considered to prohibit the discontinuance or
modification of any such proceeding under the same
terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if
this Act had not been enacted.
(3) Suits.--This Act shall not affect suits commenced
before the date of the enactment of this Act, and in all such
suits, proceeding shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this
Act had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Department of Commerce
or the Secretary of Commerce, or by or against any individual
in the official capacity of such individual as an officer or
employee of the Department of Commerce, shall abate by reason
of the enactment of this Act.
(5) Continuance of suits.--If any Government officer in the
official capacity of such officer is party to a suit with
respect to a function of the officer, and under this Act such
function is transferred to any other officer or office, then
such suit shall be continued with the other officer or the head
of such other office, as applicable, substituted or added as a
party.
(6) Administrative procedure and judicial review.--Except
as otherwise provided by this Act, any statutory requirements
relating to notice, hearings, action upon the record, or
administrative or judicial review that apply to any function
transferred by this Act shall apply to the exercise of such
function by the head of the Federal agency, and other officers
of the agency, to which such function is transferred by this
Act.
SEC. 7003. DEFINITIONS.
In this title:
(1) Anadromous species and catadromous species.--Each of
the terms ``anadromous species'' and ``catadromous species''
has the meaning that term has under section 3 of the Endangered
Species Act of 1973, as amended by section 3 of this title.
(2) Function.--The term ``function'' includes any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(3) Office.--The term ``office'' includes any office,
administration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
TITLE VIII--AQUIFER RECHARGE FLEXIBILITY PILOT PROGRAM
SEC. 8001. DEFINITIONS.
In this title:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(3) Eligible land.--The term ``eligible land'', with
respect to a Reclamation project, means land that--
(A) is authorized to receive water under State law;
and
(B) shares an aquifer with land located in the
service area of the Reclamation project.
(4) Net water storage benefit.--The term ``net water
storage benefit'' means an increase in the volume of water that
is--
(A) stored in one or more aquifers; and
(B)(i) available for use within the authorized
service area of a Reclamation project; or
(ii) stored on a long-term basis to avoid or reduce
groundwater overdraft.
(5) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau at a Reclamation project.
(6) Reclamation project.--The term ``Reclamation project''
means any reclamation or irrigation project, including
incidental features thereof, authorized by Federal reclamation
law or the Act of August 11, 1939 (commonly known as the
``Water Conservation and Utilization Act'') (53 Stat. 1418,
chapter 717; 16 U.S.C. 590y et seq.), or constructed by the
United States pursuant to such law, or in connection with which
there is a repayment or water service contract executed by the
United States pursuant to such law, or any project constructed
by the Secretary through the Bureau for the reclamation of
land.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 8002. USE OF BUREAU FACILITIES.
(1) In general.--The Commissioner may allow the use of
excess capacity in Reclamation facilities for aquifer recharge
of non-Reclamation project water, subject to applicable rates,
charges, and public participation requirements, on the
condition that--
(A) the use--
(i) shall not be implemented in a manner
that is detrimental to--
(I) any power service or water
contract for the Reclamation project;
or
(II) any obligations for fish,
wildlife, or water quality protection
applicable to the Reclamation project;
(ii) shall be consistent with water quality
guidelines for the Reclamation project;
(iii) shall comply with all applicable--
(I) Federal laws; and
(II) policies of the Bureau; and
(B) the non-Federal party to an existing contract
for water or water capacity in a Reclamation facility
consents to the use of the Reclamation facility under
this subsection.
(2) Effect on existing contracts.--Nothing in this
subsection affects a contract--
(A) in effect on the date of the enactment of this
title; and
(B) under which the use of excess capacity in a
Bureau conveyance facility for carriage of non-
Reclamation project water for aquifer recharge is
allowed.
SEC. 8003. AQUIFER RECHARGE ON ELIGIBLE LAND.
(1) In general.--Subject to paragraphs (3) and (4), the
Secretary may contract with a holder of a water service or
repayment contract for a Reclamation project to allow the
contractor, in accordance with applicable State laws and
policies--
(A) to directly use water available under the
contract for aquifer recharge on eligible land; or
(B) to enter into an agreement with an individual
or entity to transfer water available under the
contract for aquifer recharge on eligible land.
(2) Authorized project use.--The use of a Reclamation
facility for aquifer recharge under paragraph (1) shall be
considered an authorized use for the Reclamation project if
requested by a holder of a water service or repayment contract
for the Reclamation facility.
(3) Modifications to contracts.--The Secretary may contract
with a holder of a water service or repayment contract for a
Reclamation project under paragraph (1) if the Secretary
determines that a new contract or contract amendment described
in that paragraph is--
(A) necessary to allow for the use of water
available under the contract for aquifer recharge under
this subsection;
(B) in the best interest of the Reclamation project
and the United States; and
(C) approved by the contractor that is responsible
for repaying the cost of construction, operations, and
maintenance of the facility that delivers the water
under the contract.
(4) Requirements.--The use of Reclamation facilities for
the use or transfer of water for aquifer recharge under this
subsection shall be subject to the requirements that--
(A) the use or transfer shall not be implemented in
a manner that materially impacts any power service or
water contract for the Reclamation project; and
(B) before the use or transfer, the Secretary shall
determine that the use or transfer--
(i) results in a net water storage benefit
for the Reclamation project; or
(ii) contributes to the recharge of an
aquifer on eligible land; and
(C) the use or transfer complies with all
applicable--
(i) Federal laws and policies; and
(ii) interstate water compacts.
SEC. 8004. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Secretary should encourage the use of public land
administered by the Bureau of Land Management for aquifer
recharge, where appropriate, consistent with--
(A) the existing grant of right-of-way;
(B) as applicable, the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(C) applicable land and resource management plans;
and
(2) the Secretary should consider whether aquifer recharge
may be appropriate in certain areas of critical environmental
concern, if aquifer recharge--
(A) would enhance the values for which the area of
critical environmental concern has been designated; and
(B) is consistent with the management requirements
for the area of critical environmental concern.
SEC. 8005. CONVEYANCE FOR AQUIFER RECHARGE PURPOSES.
The holder of a right-of-way, easement, permit, or other
authorization to transport water across public land administered by the
Bureau of Land Management may transport water for aquifer recharge
purposes, including outside of the regular period of use, without
requiring additional authorization from the Secretary where the use
does not expand or modify the operation of the right-of-way, easement,
permit, or other authorization across public land.
SEC. 8006. REPORT.
No later than 18 months after the enactment of this law, the
Secretary of the Interior shall submit to the Committee on Natural
Resources of the House of Representatives and the Committees on Energy
and Natural Resources of the Senate a report that describes the status
of the pilot; and describes obstacles, if any, to implementing the
pilot.
SEC. 8007. EFFECT.
Nothing in this Act--
(1) creates, impairs, alters, or supersedes a Federal or
State water right; or
(2) alters or supersedes State sovereignty and authority
regarding State water rights and the use of water.
SEC. 8008. EXEMPTION.
This title shall not apply to the State of California.
TITLE IX--BIG SAND WASH PROJECT TITLE TRANSFER ACT
SEC. 9001. DEFINITIONS.
In this title:
(1) Acquired lands.--The term ``Acquired Lands'' means
those lands that were acquired by the Central Utah Water
Conservancy District with Federal and District funds for the
purpose of water storage and conveyance in the Big Sand Wash
Facilities.
(2) Association.--The term ``Association'' means the Moon
Lake Water Users Association, an association of 8 irrigation
companies in Utah.
(3) Big sand wash facilities.--The term ``Big Sand Wash
Facilities''--
(A) means the following features that are part of
the Uinta Basin Replacement Project authorized by the
Central Utah Project Completion Act (Public Law 102-
575)--
(i) the Big Sand Wash Dam, including the
enlarged reservoir and outlet works;
(ii) the Feeder Pipeline;
(iii) the Feeder Diversion;
(iv) the Roosevelt Pipeline; and
(v) the Big Sand Wash Facilities; and
(B) does not include--
(i) the Moon Lake Dam and Reservoir; and
(ii) the modified outlet works.
(4) District.--The term ``District'' means the Central Utah
Water Conservancy District, a political subdivision of the
State of Utah with certain responsibilities for the
implementation of the Central Utah Project Completion Act.
(5) Duchesne county.--The term ``Duchesne County'' means
the Duchesne County Water Conservancy District in Duchesne
County, Utah.
(6) Federal lands.--The term ``Federal Lands'' means
parcels of federally owned lands and easements acquired for the
expansion of the Big Sand Wash Facilities, and includes those
original, Association lands deeded to the United States in
November 2001 as a permanent easement for the conveyance and
storage of water and the right of ingress and egress.
(7) Feeder diversion.--The term ``Feeder Diversion'' means
the diversion structure and appurtenances constructed in the
Lake Fork River to divert water into the Big Sand Wash Project,
and includes the property acquired by easement for the
diversion structure and rights of egress and ingress to the
property.
(8) Feeder pipeline.--The term ``Feeder Pipeline'' means
the pipeline and appurtenances constructed from the Feeder
Diversion to the Big Sand Wash Reservoir, and includes the
property acquired by easement for the pipeline.
(9) Roosevelt pipeline.--The term ``Roosevelt Pipeline''
means the pipeline and appurtenances constructed to deliver
project and non-project water from the Big Sand Wash Facilities
for the Association and Duchesne County, and includes the
property acquired by easement for the pipeline.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or a designee of the Secretary.
(11) Uinta basin replacement project.--The term ``Uinta
Basin Replacement Project'' applies to the project that was
authorized by the Central Utah Project Completion Act to
enlarge the Big Sand Wash Dam and Reservoir, construct the
Feeder Diversion, construct the Feeder Pipeline, construct the
Roosevelt Pipeline, modify the Moon Lake outlet works, develop
mitigation lands, and develop other facilities as required to
complete project purposes.
SEC. 9002. CONVEYANCE OF FACILITIES AND LAND.
(a) In General.--Subject to subsection (b) and in consideration of
the District assuming from the United States all liability for
administration, operation, and maintenance of the Big Sand Wash
Facilities, the Secretary shall convey to the District all right,
title, and interest of the United States in and to the Acquired Lands,
the Federal Lands, and the Big Sand Wash Facilities in existence on the
date of the enactment of this Title.
(b) Conditions.--The conveyance under subsection (a) shall not be
completed until all of the following occur:
(1) The District pays to the Secretary the net present
value of the remaining repayment obligations identified in the
Water Service Contract, Supplement No. 2, Contract No. 14-06-
400-4286 and Block Notice Number UBRP1, as determined by Office
of Management and Budget Circular A-129 (in effect on the date
of the enactment of this title). Such prepayment shall not
affect the contract to deliver water between the District and
Duchesne County and shall remedy all outstanding issues
relating to the District's expenditure of Federal funds for
land acquisition.
(2) The Association, the District, and Duchesne County
enter into an agreement, only as mutually deemed necessary by
the Parties, reflecting as much as possible the existing
operating agreement, Agreement No. 01-07-40-R7020 dated
November 15, 2001, that provides for the future operation of
and delivery of water from the Big Sand Wash Facilities.
(3) The Association and the District enter into an
agreement to convey Acquired Lands, Federal Lands, the Feeder
Diversion, and the Feeder Pipeline to the Association.
(4) The Association and the District enter into an
agreement that ensures the minimum stream flow requirements
contained in the Final Environmental Assessment, section
203(a), Uinta Basin Replacement Project, dated October 2001.
(5) The District and the United States enter into an
agreement that ensures the minimum stream flow requirements
contained in the Final Environmental Assessment, section
203(a), Uinta Basin Replacement Project, dated October 2001.
(6) The District enters into an agreement to convey
Acquired Lands and Federal Lands to the Utah Department of
Transportation.
(7) The District enters into an agreement to convey the
Roosevelt Pipeline to Duchesne County.
(c) Prepayment Authority.--The District is hereby granted authority
to prepay, at net present value as determined by Office of Management
and Budget Circular A-129 (as in effect on the date of the enactment of
this title), all irrigation block notices associated with the
Bonneville Unit of the Central Utah Project.
(d) Payment of Costs.--The District shall pay any necessary and
reasonable administrative and real estate transfer costs incurred by
the Secretary in carrying out the conveyance authorized by subsection
(a).
(e) Compliance With Environmental Laws.--
(1) In general.--Before conveying land and facilities under
subsection (a), the Secretary shall comply with all applicable
requirements under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) any other law applicable to the land and
facilities.
(2) Effect.--Nothing in this title modifies or alters any
obligations under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 9003. RELATIONSHIP TO UINTA BASIN REPLACEMENT PROJECT.
After the conveyance authorized under section 3(a), the United
States shall not be liable for damages arising out of any act,
omission, or occurrence relating to the Big Sand Wash Facilities,
Acquired Lands, and Federal Lands, except for damages caused by acts of
negligence committed by the United States or by any employee or agent
of the United States before the date of the conveyance, consistent with
chapter 171 of title 28, United States Code.
SEC. 9004. REPORT.
If the conveyance authorized by section 3(a) is not completed by
the date that is 12 months after the date of the enactment of this
Title, the Secretary shall submit to Congress a report that--
(1) describes the status of the conveyance;
(2) describes any obstacles to completing the conveyance;
and
(3) specifies an anticipated date for completion of the
conveyance.
TITLE X--KENNEWICK IRRIGATION DISTRICT TITLE TRANSFER ACT
SEC. 10001. DEFINITIONS.
In this title:
(1) Agreement.--The term ``Agreement'' means the agreement
required under section 2(a).
(2) District.--The term ``District'' means the Kennewick
Irrigation District, located in Benton County, Washington,
which operates and maintains a portion of the Kennewick
Division of the Yakima Project constructed by the United States
to enable the Kennewick Irrigation District to carry out
authorized purposes pursuant to the Act of June 12, 1948 (62
Stat. 382).
(3) District's head gate.--The term ``District's head
gate'' means the point of diversion for the Kennewick
Irrigation District, identified as the KID Main Canal Headworks
at the following location: KID Main Canal Headworks, 200 feet
east and 1100 feet north, more or less, from the southwest
corner of section 16, being within the northwest \1/4\ of the
southwest \1/4\ of the southwest \1/4\ of section 16, T. 9 N.,
26 E.W.M.
(4) Division.--The term ``Division'' means the Kennewick
Division, including the Transferred Works.
(5) Transferred works.--The term ``Transferred Works''
means the canals, laterals, and appurtenant works and lands,
which begin at the District's head gate and extends
approximately 40 miles east to the Columbia River built to
serve the place of use of the 20,201 acres of currently
irrigated irrigable lands entitled to delivery of water within
the Kennewick Irrigation District.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 10002. AGREEMENT, CONVEYANCE, REPORT.
(a) Agreement.--Not later than 2 years after the date of the
enactment of this Act, the Secretary, acting through the Bureau of
Reclamation, shall enter into an agreement with the District to
determine the legal, institutional, and financial terms related to the
conveyance of the Transferred Works. The Agreement shall be completed
after the requirements in section 5(a) are satisfied. This Agreement
shall be in accordance with and subject to Memorandum of Agreement No:
R18MA13703 between the District and the Bureau of Reclamation.
(b) Conveyance.--Subject to valid leases, permits, rights-of-way,
easements, and other existing rights and in accordance the terms and
conditions set forth in the Agreement and this Act, the Secretary shall
convey to the District all right, title, and interest of the United
States in and to the Transferred Works.
(c) Report.--If the conveyance authorized by subsection (b) is not
completed within 2 years after the date of the enactment of this Act,
the Secretary shall submit to Congress a report that--
(1) describes the status of the conveyance;
(2) describes any obstacles to completing the conveyance;
and
(3) specifies an anticipated date for completion of the
conveyance.
SEC. 10003. LIABILITY.
(a) Damages.--Except as otherwise provided by law and for damages
caused by acts of negligence committed by the United States or by its
employees or agents, effective upon the date of the conveyance
authorized by section 2, the United States shall not be held liable by
any court for damages of any kind arising out of any act, omission, or
occurrence relating to the Transferred Works.
(b) Torts Claims.--Nothing in this section increases the liability
of the United States beyond that provided in chapter 171 of title 28,
United States Code (popularly known as the ``Federal Tort Claims
Act'').
SEC. 10004. BENEFITS.
(a) Status of Land.--After conveyance of the Transferred Works
under this Act, the Transferred Works shall not be considered to be a
part of a Federal reclamation project.
(b) Benefits if Entire Division Conveyed.--If the entire Division
is conveyed out of Federal ownership, the District shall not be
eligible to receive any benefits, including project power, with respect
to the conveyed Division, except benefits that would be available to a
similarly situated entity with respect to property that is not part of
a Federal reclamation project.
SEC. 10005. COMPLIANCE WITH OTHER LAWS.
(a) Compliance With Environmental and Historic Preservation Laws.--
Before making the conveyance authorized by this Act, the Secretary
shall complete all actions required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), subtitle III of title 54, United
States Code, and all other applicable laws.
(b) Compliance by the District.--After conveyance of the
Transferred Works under this Act, the District shall comply with all
applicable Federal, State, and local laws and regulations in its
operation of the Transferred Works.
(c) Applicable Authority.--All provisions of Federal Reclamation
law (the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts
supplemental to and amendatory of that Act) shall continue to be
applicable to project water provided to the District.
SEC. 10006. PAYMENT.
(a) Administrative Costs.--Except as provided in subsection (b),
administrative costs for conveyance of the Transferred Works under this
Act shall be paid in equal shares by the Secretary and the District.
(b) Real Estate Transfer Cost.--Costs of all boundary surveys,
title searches, cadastral surveys, appraisals, and other real estate
transactions required for the conveyance of the Transferred Works shall
be paid by the District.
(c) Costs of Compliance With Other Laws.--Costs associated with any
review required under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), subtitle III of title 54, United States Code, and all
other applicable laws for conveyance of the Transferred Works shall be
paid in equal shares by the Secretary and the District.
SEC. 10007. MISCELLANEOUS.
(a) Applicability of Other Law.--Section 1212 of Public Law 103-434
shall apply to and be incorporated into this Act.
(b) Statutory Construction.--Nothing in this Act shall or shall be
construed for any purpose--
(1) to transfer, affect, reduce, modify, or impair the
water rights of any person;
(2) to affect, reduce, modify, or impair the United States
authority to regulate and manage water in the Yakima Basin,
including water diverted into the Chandler Power Canal and
Prosser Dam through and including the Kennewick Irrigation
District's head gate;
(3) to change how water is diverted at Prosser Dam and
delivered to the Kennewick Irrigation District through the
Chandler pumps through the District's head gate; and
(4) to affect, reduce, modify, or impair the United States
control, management, and ownership of the ``Reserved works'' as
defined in the United States Bureau of Reclamation and
Kennewick Irrigation District Amendatory Repayment Contract
(1953) (Contract No. 14-06-W-56) as amended, at pp. 2-3, which
Reserved works include but are not limited to Prosser Dam, the
Chandler Power Canal and hydroelectric and pumping plant, all
Yakima Project facilities, and the siphon under the Yakima
River to the District's head gate.
SEC. 10008. LIMITATIONS.
After completing the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary of the
Interior shall convey title, if the Secretary affirms in writing to the
House Committee on Natural Resources and the Senate Committee on Energy
and Natural Resources that the following criteria have been met:
(1) The Kennewick Irrigation District agrees to accept
title to the property proposed for transfer.
(2) The proposed title transfer will not have an
unmitigated negative effect on the environment.
(3) The transfer is consistent with the Secretary's
responsibility to protect land and water resources held in
trust for federally recognized Indian Tribes.
(4) The transfer is consistent with the Secretary's
responsibility to ensure compliance with international treaties
and interstate compacts.
(5) The Kennewick Irrigation District agrees to provide, as
consideration for the assets to be conveyed, compensation to
the United States worth the equivalent of the present value of
any repayment obligation to the United States or other income
stream the United States derives from the assets to be
transferred at the time of the transfer.
TITLE XI--WATER RIGHTS PROTECTION ACT
SEC. 11001. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means, as
applicable--
(A) the Secretary of Agriculture; or
(B) the Secretary of the Interior.
(2) Water right.--The term ``water right'' means any
surface, groundwater, or storage use filed, permitted,
certificated, confirmed, decreed, adjudicated, or otherwise
recognized by a judicial proceeding or by the State in which
the user acquires possession of the water or puts it to
beneficial use. Such term shall include water rights for
federally recognized Indian Tribes.
SEC. 11002. TREATMENT OF WATER RIGHTS.
The Secretary shall not--
(1) condition the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment,
easement, right-of-way, or other land use or occupancy
agreement on the transfer of any water right (including joint
and sole ownership) directly or indirectly to the United
States, or on any impairment of title or interest, in whole or
in part, granted or otherwise recognized under State law, by
Federal or State adjudication, decree, or other judgment, or
pursuant to any interstate water compact; or
(2) require any water user (including any federally
recognized Indian Tribe) to apply for or acquire a water right
in the name of the United States under State law as a condition
of the issuance, renewal, amendment, or extension of any
permit, approval, license, lease, allotment, easement, right-
of-way, or other land use or occupancy agreement.
SEC. 11003. POLICY DEVELOPMENT.
In developing any rule, policy, directive, management plan, or
similar Federal action relating to the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement, the Secretary--
(1) shall--
(A) recognize the longstanding authority of the
States relating to evaluating, protecting, allocating,
regulating, permitting, and adjudicating water use; and
(B) coordinate with the States to ensure that any
rule, policy, directive, management plan, or similar
Federal action is consistent with, and imposes no
greater restriction or regulatory requirement, than
applicable State water law; and
(2) shall not--
(A) adversely affect--
(i) the authority of a State in--
(I) permitting the beneficial use
of water; or
(II) adjudicating water rights;
(ii) any definition established by a State
with respect to the term ``beneficial use'',
``priority of water rights'', or ``terms of
use''; or
(iii) any other right or obligation of a
State established under State law; or
(B) assert any connection between surface and
groundwater that is inconsistent with such a connection
recognized by State water laws.
SEC. 11004. EFFECT.
(a) Existing Authority.--Nothing in this Act limits or expands any
existing legally recognized authority of the Secretary to issue, grant,
or condition any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement on Federal land
that is subject to the jurisdiction of the Secretary.
(b) Reclamation Contracts.--Nothing in this Act in any way
interferes with any existing or future Bureau of Reclamation contract
entered into pursuant to Federal Reclamation law (the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act).
(c) Endangered Species Act.--Nothing in this Act affects the
implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(d) Federal Reserved Water Rights.--Nothing in this Act limits or
expands any existing reserved water rights of the Federal Government on
land administered by the Secretary.
(e) Federal Power Act.--Nothing in this Act limits or expands
authorities pursuant to section 4(e), 10(j), or 18 of the Federal Power
Act (16 U.S.C. 797(e), 803(j), 811).
(f) Indian Water Rights.--Nothing in this Act limits or expands any
existing reserved water right or treaty right of any federally
recognized Indian Tribe.
(g) Federally Held State Water Rights.--Nothing in this Act limits
the ability of the Secretary, through applicable State procedures, to
acquire, use, enforce, or protect a State water right owned by the
United States.
TITLE XII--COULEE DAM REDESIGNATION
SEC. 12001. REDESIGNATION OF FACILITY.
The facility of the Bureau of Reclamation located at Highway-155,
Coulee Dam, Washington 99116, known as the Third Powerplant, shall be
known and designated as the ``Nathaniel `Nat' Washington Power Plant''.
SEC. 12002. REFERENCES.
Any reference in a law, map, regulation, document, paper or other
record of the United States to the facility referred to in section 1
shall be deemed to be a reference to the Nathaniel ``Nat'' Washington
Power Plant.
TITLE XIII--NUTRIA ERADICATION AND CONTROL ACT REAUTHORIZATION
SEC. 13001. NUTRIA ERADICATION.
The Nutria Eradication and Control Act of 2003 (Public Law 108-16)
is amended--
(1) in section 2--
(A) in subsection (a)--
(i) in paragraph (1), by striking
``Wetlands and tidal marshes of the Chesapeake
Bay and in Louisiana'' and inserting
``Wetlands, tidal marshes, and agricultural
lands'';
(ii) in paragraph (2), by striking ``in
Maryland and Louisiana''; and
(iii) in paragraph (3), by striking ``in
Maryland'' and all that follows to the period
and inserting ``Consequently, marsh loss, loss
of public and private wetlands, and loss of
agricultural lands are accelerating.''; and
(B) in subsection (b), by striking ``the State of
Maryland and the State of Louisiana'' and inserting
``any state that has demonstrated the need''; and
(2) in section 3--
(A) by amending subsection (a) to read as follows:
``(a) Grant Authority.--The Secretary of the Interior (referred to
in this Act as the `Secretary'), subject to the availability of
appropriations, may provide financial assistance to any state that has
demonstrated to the Secretary sufficient need for a program to
implement measures to eradicate or control nutria and restore
marshland, public and private wetlands, and agricultural lands damaged
by nutria.'';
(B) by amending subsection (b) to read as follows:
``(b) Goals.--The goals of the program shall be to--
``(1) eradicate or control nutria in affected States;
``(2) restore marshland, public and private wetlands, and
agricultural lands damaged by nutria.''; and
(C) in subsection (f), by striking ``$4,000,000''
and all that follows and inserting ``12,000,000 for any
qualifying state program for each of fiscal years 2021
through 2025.''.
SEC. 13002. DEAUTHORIZATIONS.
The following projects authorized by section 1638 of the
Reclamation Projects Authorization and Adjustment Act of 1992 (43
U.S.C. 390h-20; Public Law 102-575) are hereby deauthorized:
(1) Kalaeloa Seawater Desalination Project.
(2) Lahaina Water Recycling Project #3.
(3) Kealakehe Water Recycling Project.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Agriculture, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Agriculture, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Agriculture, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Agriculture, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Environment.
Referred to the Subcommittee on Water Resources and Environment.
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Referred to the Subcommittee on Water, Oceans, and Wildlife.
Referred to the Subcommittee on Conservation and Forestry.