[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2873 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2873

 To amend the Federal Water Pollution Control Act to establish a Corps 
  of Engineers Board of Appeals for permits for certain water storage 
                   projects, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 2008

Mr. Barrasso (for himself and Mr. Enzi) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Water Pollution Control Act to establish a Corps 
  of Engineers Board of Appeals for permits for certain water storage 
                   projects, 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 Essential Storage To Enhance 
Regions in Need Act'' or the ``WESTERN Act''.

SEC. 2. CORPS OF ENGINEERS BOARD OF APPEALS FOR PERMITS FOR CERTAIN 
              WATER STORAGE PROJECTS.

    Section 404(a) of the Federal Water Pollution Control Act (33 
U.S.C. 1344(a)) is amended--
            (1) by striking ``The Secretary may issue'' and inserting 
        the following:
            ``(1) In general.--The Secretary may issue''; and
            (2) by adding at the end the following:
            ``(2) Requirements.--
                    ``(A) Purpose and need statements.--
                            ``(i) In general.--Not later than 90 days 
                        after the date of receipt of a complete 
                        application for a permit for a water storage 
                        project under this subsection, the Secretary 
                        shall develop and provide to each applicant a 
                        purpose and need statement that describes--
                                    ``(I) whether the Secretary concurs 
                                with the assessment of, and 
                                alternatives for, the purposes and 
                                needs of the water storage project, as 
                                proposed by the applicant; and
                                    ``(II) in any case in which the 
                                Secretary does not concur with the 
                                assessment, an assessment developed by 
                                the Secretary of the purposes and needs 
                                of the project.
                            ``(ii) Effect on environmental impact 
                        statements.--No environmental impact statement 
                        or similar analysis required under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) shall commence with respect to a 
                        water storage project for which a permit is 
                        sought under this subsection until the date on 
                        which the Secretary provides to each applicant 
                        for the permit the purpose and need statement 
                        under clause (i).
                    ``(B) Records of decision.--Before the date on 
                which the Secretary issues a permit under this 
                subsection, the Secretary shall provide to each 
                applicant for the permit a record of decision 
                describing all applicable conditions that will apply to 
                the permit.
            ``(3) Corps of engineers board of appeals.--
                    ``(A) Establishment.--The Secretary shall establish 
                a board of appeals, to be known as the `Corps of 
                Engineers Board of Appeals' (referred to in this 
                paragraph as the `Board').
                    ``(B) Membership.--The Board shall be composed of 5 
                members, to be appointed by the Secretary, of whom--
                            ``(i) 3 shall be representatives of State 
                        water development agencies; and
                            ``(ii) 2 shall be representatives of the 
                        Corps of Engineers.
                    ``(C) Duties.--
                            ``(i) In general.--The Board shall make 
                        determinations on all appeals relating to 
                        permits issued pursuant to this subsection for 
                        water storage projects, including any appeal 
                        regarding--
                                    ``(I) a purpose and need statement 
                                issued under paragraph (2)(A)(i);
                                    ``(II) a record of decision issued 
                                under paragraph (2)(B), including any 
                                condition on a permit described in the 
                                record of decision; or
                                    ``(III) any final decision of the 
                                Secretary to approve or disapprove a 
                                permit under this subsection.
                            ``(ii) Deadline.--The Board shall make a 
                        determination regarding an appeal under clause 
                        (i) by not later than 90 days after the date on 
                        which the appeal is filed with the Board.
                    ``(D) Factors for consideration.--In making a 
                determination under subparagraph (C), the Board shall 
                evaluate, as applicable--
                            ``(i) any field decision of the Corps of 
                        Engineers regarding the purposes or needs of 
                        the applicable water storage project;
                            ``(ii) any condition placed on a permit for 
                        the applicable project under this subsection, 
                        based on the record of decision for the project 
                        under paragraph (2)(B); and
                            ``(iii) any determination by the Secretary 
                        to deny a permit under this subsection for the 
                        applicable project.
                    ``(E) Treatment of determinations.--Notwithstanding 
                any other provision of law (including regulations), 
                effective on the date of enactment of this paragraph, a 
                determination by the Board under this paragraph shall 
                supercede any other appellate determination of the 
                Corps of Engineers regarding permits under this 
                subsection.''.
                                 <all>