[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2902 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 631
114th CONGRESS
  2d Session
                                S. 2902

                          [Report No. 114-353]

To provide for long-term water supplies, optimal use of existing water 
    supply infrastructure, and protection of existing water rights.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2016

   Mr. Flake (for himself, Mr. Barrasso, Mr. McCain, Mr. Risch, Mr. 
 Heller, and Mr. Daines) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

                           September 15, 2016

               Reported by Ms. Murkowski, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To provide for long-term water supplies, optimal use of existing water 
    supply infrastructure, and protection of existing water rights.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Western Water 
Supply and Planning Enhancement Act of 2016''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--LONG-TERM IMPROVEMENTS FOR WESTERN STATES SUBJECT TO DROUGHT

                 Subtitle A--Water Supply Improvements

Sec. 101. Reservoir operation improvement.
Sec. 102. Authority to make entire active capacity of Fontenelle 
                            Reservoir available for use.
Sec. 103. Saltcedar control efforts.
Sec. 104. Colorado River System.
        Subtitle B--Protecting Critical Water Supply Watersheds

Sec. 111. Definitions.
Sec. 112. Analysis of only two alternatives in proposed collaborative 
                            management activities.
Sec. 113. Categorical exclusion to expedite certain critical response 
                            actions.
Sec. 114. Compliance with land use plan.
           Subtitle C--Bureau of Reclamation Transparency Act

Sec. 121. Short title.
Sec. 122. Findings.
Sec. 123. Definitions.
Sec. 124. Asset management report enhancements for reserved works.
Sec. 125. Asset management report enhancements for transferred works.
Sec. 126. Offset.
                Subtitle D--Water Supply Permitting Act

Sec. 131. Short title.
Sec. 132. Definitions.
Sec. 133. Establishment of lead agency and cooperating agencies.
Sec. 134. Bureau responsibilities.
Sec. 135. Cooperating agency responsibilities.
Sec. 136. Funding to process permits.
       Subtitle E--Bureau of Reclamation Project Streamlining Act

Sec. 141. Short title.
Sec. 142. Definitions.
Sec. 143. Acceleration of studies.
Sec. 144. Expedited completion of reports.
Sec. 145. Project acceleration.
Sec. 146. Annual report to Congress.
               TITLE II--PROTECTING EXISTING WATER RIGHTS

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Applicability.
Sec. 204. Prohibitions.
Sec. 205. Policy development.
Sec. 206. Effect of title.
TITLE III--COMPLETING AND MAINTAINING RURAL WATER SUPPLY INFRASTRUCTURE

Subtitle A--Irrigation Rehabilitation and Renovation for Indian Tribal 
                       Governments and Economies

Sec. 301. Short title.
Sec. 302. Definitions.
                     Part I--Indian Irrigation Fund

Sec. 311. Establishment.
Sec. 312. Deposits to Fund.
Sec. 313. Expenditures from Fund.
Sec. 314. Investments of amounts.
Sec. 315. Transfers of amounts.
Sec. 316. Termination.
    Part II--Repair, Replacement, and Maintenance of Certain Indian 
                          Irrigation Projects

Sec. 321. Repair, replacement, and maintenance of certain Indian 
                            irrigation projects.
Sec. 322. Eligible projects.
Sec. 323. Requirements and conditions.
Sec. 324. Study of Indian irrigation program and project management.
Sec. 325. Tribal consultation and user input.
Sec. 326. Allocation among projects.
             Subtitle B--Clean Water for Rural Communities

Sec. 331. Short title.
Sec. 332. Purpose.
Sec. 333. Definitions.
Sec. 334. Dry-Redwater Regional Water Authority System and Musselshell-
                            Judith Rural Water System.
Sec. 335. Use of power from Pick-Sloan program by Dry-Redwater Regional 
                            Water Authority System.
Sec. 336. Water rights.
Sec. 337. Authorization of appropriations.
                            TITLE IV--OFFSET

Sec. 401. Accelerated revenue, repayment, and surface water storage 
                            enhancement.

 TITLE I--LONG-TERM IMPROVEMENTS FOR WESTERN STATES SUBJECT TO DROUGHT

                 Subtitle A--Water Supply Improvements

<DELETED>SEC. 101. RESERVOIR OPERATION IMPROVEMENT.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Reserved works.--The term ``reserved works'' 
        means any Bureau of Reclamation project facility at which the 
        Secretary of the Interior carries out the operation and 
        maintenance of the project facility.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Army.</DELETED>
        <DELETED>    (3) Transferred works.--The term ``transferred 
        works'' means a Bureau of Reclamation project facility, the 
        operation and maintenance of which is carried out by a non-
        Federal entity, under the provisions of a formal operation and 
        maintenance transfer contract.</DELETED>
        <DELETED>    (4) Transferred works operating entity.--The term 
        ``transferred works operating entity'' means the organization 
        that is contractually responsible for operation and maintenance 
        of transferred works.</DELETED>
<DELETED>    (b) Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report including, for any State in which a county designated by the 
Secretary of Agriculture as a drought disaster area during water year 
2015 is located, a list of projects, including Corps of Engineers 
projects, and those non-Federal projects and transferred works that are 
operated for flood control in accordance with rules prescribed by the 
Secretary pursuant to section 7 of the Act of December 22, 1944 
(commonly known as the ``Flood Control Act of 1944'') (58 Stat. 890, 
chapter 665), including, as applicable--</DELETED>
        <DELETED>    (1) the year the original water control manual was 
        approved;</DELETED>
        <DELETED>    (2) the year for any subsequent revisions to the 
        water control plan and manual of the project;</DELETED>
        <DELETED>    (3) a list of projects for which--</DELETED>
                <DELETED>    (A) operational deviations for drought 
                contingency have been requested;</DELETED>
                <DELETED>    (B) the status of the request; 
                and</DELETED>
                <DELETED>    (C) a description of how water 
                conservation and water quality improvements were 
                addressed; and</DELETED>
        <DELETED>    (4) a list of projects for which permanent or 
        seasonal changes to storage allocations have been requested, 
        and the status of the request.</DELETED>
<DELETED>    (c) Project Identification.--Not later than 60 days after 
the date of completion of the report under subsection (b), the 
Secretary shall identify any projects described in the report--
</DELETED>
        <DELETED>    (1) for which the modification of the water 
        operations manuals, including flood control rule curve, would 
        be likely to enhance existing authorized project purposes, 
        including for water supply benefits and flood control 
        operations;</DELETED>
        <DELETED>    (2) for which the water control manual and 
        hydrometeorological information establishing the flood control 
        rule curves of the project have not been substantially revised 
        during the 15-year period ending on the date of review by the 
        Secretary; and</DELETED>
        <DELETED>    (3) for which the non-Federal sponsor or sponsors 
        of a Corps of Engineers project, the owner of a non-Federal 
        project, or the non-Federal transferred works operating entity, 
        as applicable, has submitted to the Secretary a written request 
        to revise water operations manuals, including flood control 
        rule curves, based on the use of improved weather forecasting 
        or run-off forecasting methods, new watershed data, changes to 
        project operations, or structural improvements.</DELETED>
<DELETED>    (d) Pilot Projects.--</DELETED>
        <DELETED>    (1) In general.--Not later than 1 year after the 
        date of identification of projects under subsection (c), if 
        any, the Secretary shall carry out not less than 15 pilot 
        projects, which shall include not less than 6 non-Federal 
        projects, to implement revisions of water operations manuals, 
        including flood control rule curves, based on the best 
        available science, which may include--</DELETED>
                <DELETED>    (A) forecast-informed 
                operations;</DELETED>
                <DELETED>    (B) new watershed data, including data 
                submitted by a non-Federal applicant; and</DELETED>
                <DELETED>    (C) if applicable, in the case of non-
                Federal projects, structural improvements.</DELETED>
        <DELETED>    (2) Consultation.--In implementing a pilot project 
        under this subsection, the Secretary shall consult with all 
        affected interests, including--</DELETED>
                <DELETED>    (A) non-Federal entities responsible for 
                operations and maintenance costs of a Federal 
                facility;</DELETED>
                <DELETED>    (B) individuals and entities with storage 
                entitlements; and</DELETED>
                <DELETED>    (C) local agencies with flood control 
                responsibilities downstream of a facility.</DELETED>
<DELETED>    (e) Coordination With Non-Federal Project Entities.--If a 
project identified under subsection (c) is--</DELETED>
        <DELETED>    (1) a non-Federal project, the Secretary, prior to 
        carrying out an activity under this section, shall--</DELETED>
                <DELETED>    (A) consult with the non-Federal project 
                owner; and</DELETED>
                <DELETED>    (B) enter into a cooperative agreement, 
                memorandum of understanding, or other agreement with 
                the non-Federal project owner describing the scope and 
                goals of the activity and the coordination among the 
                parties; and</DELETED>
        <DELETED>    (2) a Federal project, the Secretary, prior to 
        carrying out an activity under this section, shall--</DELETED>
                <DELETED>    (A) consult with each Federal and non-
                Federal entity (including a municipal water district, 
                irrigation district, joint powers authority, 
                transferred works operating entity, or other local 
                governmental entity) that currently--</DELETED>
                        <DELETED>    (i) manages (in whole or in part) 
                        a Federal dam or reservoir; or</DELETED>
                        <DELETED>    (ii) is responsible for operations 
                        and maintenance costs; and</DELETED>
                <DELETED>    (B) enter into a cooperative agreement, 
                memorandum of understanding, or other agreement with 
                each such entity describing the scope and goals of the 
                activity and the coordination among the 
                parties.</DELETED>
<DELETED>    (f) Consideration.--In designing and implementing a 
forecast-informed reservoir operations plan under subsection (d) or 
(g), the Secretary may consult with the appropriate agencies within the 
Department of the Interior and the Department of Commerce with 
expertise in atmospheric, meteorological, and hydrologic science to 
consider--</DELETED>
        <DELETED>    (1) the relationship between ocean and atmospheric 
        conditions, including--</DELETED>
                <DELETED>    (A) the El Nino and La Nina cycles; 
                and</DELETED>
                <DELETED>    (B) the potential for above-normal, 
                normal, and below-normal rainfall for the coming water 
                year, including consideration of atmospheric river 
                forecasts;</DELETED>
        <DELETED>    (2) the precipitation and runoff index specific to 
        the basin and watershed of the relevant dam or reservoir, 
        including incorporating knowledge of hydrological and 
        meteorological conditions that influence the timing and 
        quantity of runoff;</DELETED>
        <DELETED>    (3) improved hydrologic forecasting for 
        precipitation, snowpack, and soil moisture 
        conditions;</DELETED>
        <DELETED>    (4) an adjustment of operational flood control 
        rule curves to optimize water supply storage and reliability, 
        hydropower production, environmental benefits for flows and 
        temperature, and other authorized project benefits, without a 
        reduction in flood safety; and</DELETED>
        <DELETED>    (5) proactive management in response to changes in 
        forecasts.</DELETED>
<DELETED>    (g) Funding.--The Secretary may accept and expend amounts 
from non-Federal entities and other Federal agencies to fund all or a 
portion of the cost of carrying out a review or revision of operational 
documents, including water control plans, water control manuals, water 
control diagrams, release schedules, rule curves, operational 
agreements with non-Federal entities, and any associated environmental 
documentation for--</DELETED>
        <DELETED>    (1) a Corps of Engineers project;</DELETED>
        <DELETED>    (2) a non-Federal project regulated for flood 
        control by the Secretary; or</DELETED>
        <DELETED>    (3) a Bureau of Reclamation facility regulated for 
        flood control by the Secretary.</DELETED>
<DELETED>    (h) Effect.--</DELETED>
        <DELETED>    (1) Manual revisions.--A revision of a manual 
        shall not interfere with the authorized purposes of a Federal 
        project or the existing purposes of a non-Federal project 
        regulated for flood control by the Secretary.</DELETED>
        <DELETED>    (2) Effect of section.--</DELETED>
                <DELETED>    (A) Nothing in this section authorizes the 
                Secretary to carry out, at a Federal dam or reservoir, 
                any project or activity for a purpose not otherwise 
                authorized as of the date of enactment of this 
                Act.</DELETED>
                <DELETED>    (B) Nothing in this section affects or 
                modifies any obligation of the Secretary under State 
                law.</DELETED>
                <DELETED>    (C) Nothing in this section affects or 
                modifies any obligation to comply with any applicable 
                Federal law.</DELETED>
                <DELETED>    (D) This section only applies to 
                facilities located in a State in which a Bureau of 
                Reclamation project is located.</DELETED>
        <DELETED>    (3) Bureau of reclamation reserved works 
        excluded.--This section--</DELETED>
                <DELETED>    (A) shall not apply to any dam or 
                reservoir operated by the Bureau of Reclamation as a 
                reserved work, unless all non-Federal project sponsors 
                of a reserved work jointly provide to the Secretary a 
                written request for application of this section to the 
                project; and</DELETED>
                <DELETED>    (B) shall apply only to Bureau of 
                Reclamation transferred works at the written request of 
                the transferred works operating entity.</DELETED>
<DELETED>    (i) Prior Studies.--In carrying out subsections (b), (c), 
and (d), to the maximum extent practicable, the Secretary shall--
</DELETED>
        <DELETED>    (1) coordinate with the efforts of the Secretary 
        to complete the reports required under subparagraphs (A)(iii) 
        and (B) of subsection (a)(2) of section 1046 of the Water 
        Resources Reform and Development Act of 2014 (33 U.S.C. 2319 
        note; 128 Stat. 1251); and</DELETED>
        <DELETED>    (2) consider the findings of the reports described 
        in paragraph (1) if the reports are available prior to carrying 
        out subsections (b), (c), and (d).</DELETED>
<DELETED>    (j) Modifications to Manuals and Curves.--Not later than 
180 days after the date of completion of a modification to an 
operations manual or flood control rule curve, the Secretary shall 
submit to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report regarding the components of the forecast-based 
reservoir operations plan incorporated into the change.</DELETED>

SEC. 101. RESERVOIR OPERATION IMPROVEMENT.

    (a) Definitions.--In this section:
            (1) Operational document.--The term ``operational 
        document'' includes a water control plan, water control manual, 
        water control diagram, release schedule, rule curve, 
        operational agreement with a non-Federal entity, and any 
        associated environmental documentation.
            (2) Reserved works.--The term ``reserved works'' means any 
        Bureau of Reclamation project facility at which the Secretary 
        of the Interior carries out the operation and maintenance of 
        the project facility.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
            (4) Transferred works.--The term ``transferred works'' 
        means a Bureau of Reclamation project facility, the operation 
        and maintenance of which is carried out by a non-Federal 
        entity, under the provisions of a formal operation and 
        maintenance transfer contract.
            (5) Transferred works operating entity.--The term 
        ``transferred works operating entity'' means the organization 
        that is contractually responsible for operation and maintenance 
        of transferred works.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report including, for 
any State in which a county designated by the Secretary of Agriculture 
as a drought disaster area during water year 2015 is located, a list of 
projects, including Corps of Engineers projects, and those non-Federal 
projects and transferred works that are operated for flood control in 
accordance with rules prescribed by the Secretary pursuant to section 7 
of the Act of December 22, 1944 (commonly known as the ``Flood Control 
Act of 1944'') (58 Stat. 890, chapter 665), including, as applicable--
            (1) the year the original operational documents were 
        approved;
            (2) the year for any subsequent revisions to the 
        operational documents;
            (3) a list of projects for which--
                    (A) operational deviations for drought contingency 
                have been requested;
                    (B) the status of the request; and
                    (C) a description of how water conservation and 
                water quality improvements were addressed; and
            (4) a list of projects for which permanent or seasonal 
        changes to flood control capacity have been requested, and the 
        status of the request.
    (c) Identification of Eligible Projects.--Not later than 60 days 
after the date of completion of the report under subsection (b), the 
Secretary shall identify any projects described in the report--
            (1) for which the modification of the operational document, 
        including flood control rule curve, would be likely to enhance 
        existing authorized project purposes;
            (2) for which the operational documents and 
        hydrometeorological information establishing the flood control 
        rule curves of the project have not been substantially revised 
        during the 15-year period ending on the date of review by the 
        Secretary; and
            (3) for which individuals or entities responsible for 
        operations and maintenance costs or that have storage 
        entitlements or contracts at a Corps of Engineers project, the 
        owner of a non-Federal project, or the non-Federal transferred 
        works operating entity, as applicable, has submitted to the 
        Secretary a written request to revise operational documents, 
        including flood control rule curves, based on the use of 
        improved weather forecasting or run-off forecasting methods, 
        new watershed data, changes to project operations, or 
        structural improvements.
    (d) Pilot Projects.--
            (1) In general.--Not later than 1 year after the date of 
        identification of projects under subsection (c), if any, the 
        Secretary shall carry out not less than 15 pilot projects, 
        which shall include not less than 6 non-Federal projects, to 
        implement revisions of operational documents, including flood 
        control rule curves, based on the best available science, which 
        may include--
                    (A) forecast-informed operations;
                    (B) new watershed data, including data submitted by 
                a non-Federal applicant; and
                    (C) if applicable, in the case of non-Federal 
                projects, structural improvements.
            (2) Consultation.--In implementing a pilot project under 
        this subsection, the Secretary shall consult with all affected 
        interests, including--
                    (A) entities responsible for operations and 
                maintenance costs of a Federal facility;
                    (B) individuals and entities with storage 
                entitlements;
                    (C) a Federal power management agency that markets 
                power produced by a facility; and
                    (D) local agencies with flood control 
                responsibilities downstream of a facility.
    (e) Coordination With Non-federal Project Entities.--If a project 
identified under subsection (c) is--
            (1) a non-Federal project, the Secretary, prior to carrying 
        out an activity under this section, shall--
                    (A) consult with the non-Federal project owner; and
                    (B) enter into a cooperative agreement, memorandum 
                of understanding, or other agreement with the non-
                Federal project owner describing the scope and goals of 
                the activity and the coordination among the parties; 
                and
            (2) a Federal project, the Secretary, prior to carrying out 
        an activity under this section, shall--
                    (A) consult with each Federal and non-Federal 
                entity (including a municipal water district, 
                irrigation district, joint powers authority, 
                transferred works operating entity, or other local 
                governmental entity) that currently--
                            (i) manages (in whole or in part) the 
                        Federal dam or reservoir; or
                            (ii) is responsible for operations and 
                        maintenance costs; and
                    (B) enter into a cooperative agreement, memorandum 
                of understanding, or other agreement with each such 
                entity describing the scope and goals of the activity 
                and the coordination among the parties.
    (f) Consideration.--In designing and implementing a forecast-
informed reservoir operations plan under subsection (d) or subsection 
(g), the Secretary may consult with the appropriate agencies within the 
Department of the Interior and the Department of Commerce with 
expertise in atmospheric, meteorological, and hydrologic science to 
consider--
            (1) the relationship between ocean and atmospheric 
        conditions, including--
                    (A) the El Nino and La Nina cycles; and
                    (B) the potential for above-normal, normal, and 
                below-normal rainfall for the coming water year, 
                including consideration of atmospheric river forecasts;
            (2) the precipitation and runoff index specific to the 
        basin and watershed of the relevant dam or reservoir, including 
        incorporating knowledge of hydrological and meteorological 
        conditions that influence the timing and quantity of runoff;
            (3) improved hydrologic forecasting for precipitation, 
        snowpack, and soil moisture conditions;
            (4) an adjustment of operational flood control rule curves 
        to optimize authorized project purposes, without a reduction in 
        flood safety; and
            (5) proactive management in response to changes in 
        forecasts.
    (g) Funding.--
            (1) In general.--The Secretary may accept and expend 
        amounts from entities described in subsection (d)(2), the 
        owners of non-Federal projects regulated for flood control by 
        the Secretary, and public or private entities holding contracts 
        with the Federal Government for water storage or water supply 
        at Federal projects to fund all or a portion of the cost of 
        carrying out a review or revision of operational documents 
        for--
                    (A) a Corps of Engineers project;
                    (B) a non-Federal project regulated for flood 
                control by the Secretary; or
                    (C) a Bureau of Reclamation facility regulated for 
                flood control by the Secretary.
            (2) Inclusion.--Funds received from entities under 
        paragraph (1) may include amounts provided by non-Federal 
        entities through agreements, partnerships, or joint ventures 
        with public or private nonprofit entities or Indian tribes.
            (3) In-kind contributions.--The Secretary may accept and 
        use materials and services contributed by a entity under this 
        paragraph and credit the value of the materials and services 
        toward the cost of carrying out a review or revisions of 
        operational documents.
    (h) Effect.--
            (1) Manual revisions.--A revision of an operational 
        document shall not reduce the water supply available for any 
        authorized purposes of a Federal project or the existing 
        purposes of a non-Federal project regulated for flood control 
        by the Secretary.
            (2) Effect of section.--
                    (A) Nothing in this section authorizes the 
                Secretary to carry out, at a Federal dam or reservoir, 
                any project or activity for a purpose not otherwise 
                authorized as of the date of enactment of this Act.
                    (B) Nothing in this section affects or modifies any 
                obligation of the Secretary under State law.
                    (C) Nothing in this section affects or modifies any 
                obligation to comply with any applicable Federal law.
            (3) Application.--
                    (A) Certain facilities.--This section applies only 
                to a facility located in a State in which a Bureau of 
                Reclamation project is located.
                    (B) Certain projects excluded.--This section shall 
                not apply to--
                            (i) any project authorized by the Act of 
                        December 31, 1928 (43 U.S.C. 617 et seq.) 
                        (commonly known as the ``Boulder Canyon Project 
                        Act''); or
                            (ii) the initial units of the Colorado 
                        River Storage Project, as authorized by the 
                        first section of the Act of April 11, 1956 (43 
                        U.S.C. 620) (commonly known as the ``Colorado 
                        River Storage Project Act'').
                    (C) Bureau of reclamation reserved works 
                excluded.--This section--
                            (i) shall not apply to any dam or reservoir 
                        operated by the Bureau of Reclamation as a 
                        reserved work, unless all non-Federal project 
                        sponsors of a reserved work jointly provide to 
                        the Secretary a written request for application 
                        of this section to the project; and
                            (ii) shall apply only to Bureau of 
                        Reclamation transferred works at the written 
                        request of the transferred works operating 
                        entity.
    (i) Prior Studies.--In carrying out subsections (b), (c), and (d), 
to the maximum extent practicable, the Secretary shall--
            (1) coordinate with the efforts of the Secretary to 
        complete the reports required under subparagraphs (A)(iii) and 
        (B) of subsection (a)(2) of section 1046 of the Water Resources 
        Reform and Development Act of 2014 (33 U.S.C. 2319 note, 128 
        Stat. 1251); and
            (2) consider the findings of the reports described in 
        paragraph (1) if the reports are available prior to carrying 
        out subsections (b), (c), and (d).
    (j) Modifications to Manuals and Curves.--Not later than 180 days 
after the date of completion of a modification to an operational 
document, the Secretary shall submit to the Committees on Environment 
and Public Works and Energy and Natural Resources of the Senate and the 
Committees on Transportation and Infrastructure and Natural Resources 
of the House of Representatives a report regarding the components of 
the forecast-based reservoir operations plan incorporated into the 
change.

SEC. 102. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF FONTENELLE 
              RESERVOIR AVAILABLE FOR USE.

    (a) In General.--The Secretary of the Interior, in cooperation with 
the State of Wyoming, may amend the Definite Plan Report for the 
Seedskadee Project authorized under the first section of the Act of 
April 11, 1956 (commonly known as the ``Colorado River Storage Project 
Act'') (43 U.S.C. 620), to provide for the study, design, planning, and 
construction activities that will enable the use of all active storage 
capacity (as may be defined or limited by legal, hydrologic, 
structural, engineering, economic, and environmental considerations) of 
Fontenelle Dam and Reservoir, including the placement of sufficient 
riprap on the upstream face of Fontenelle Dam to allow the active 
storage capacity of Fontenelle Reservoir to be used for those purposes 
for which the Seedskadee Project was authorized.
    (b) Cooperative Agreements.--
            (1) In general.--The Secretary of the Interior may enter 
        into any contract, grant, cooperative agreement, or other 
        agreement that is necessary to carry out subsection (a).
            (2) State of wyoming.--
                    (A) In general.--The Secretary of the Interior 
                shall enter into a cooperative agreement with the State 
                of Wyoming to work in cooperation and collaboratively 
                with the State of Wyoming for planning, design, related 
                preconstruction activities, and construction of any 
                modification of the Fontenelle Dam under subsection 
                (a).
                    (B) Requirements.--The cooperative agreement under 
                subparagraph (A) shall, at a minimum, specify the 
                responsibilities of the Secretary of the Interior and 
                the State of Wyoming with respect to--
                            (i) completing the planning and final 
                        design of the modification of the Fontenelle 
                        Dam under subsection (a);
                            (ii) any environmental and cultural 
                        resource compliance activities required for the 
                        modification of the Fontenelle Dam under 
                        subsection (a) including compliance with--
                                    (I) the National Environmental 
                                Policy Act of 1969 (42 U.S.C. 4321 et 
                                seq.);
                                    (II) the Endangered Species Act of 
                                1973 (16 U.S.C. 1531 et seq.); and
                                    (III) subdivision 2 of division A 
                                of subtitle III of title 54, United 
                                States Code; and
                            (iii) the construction of the modification 
                        of the Fontenelle Dam under subsection (a).
    (c) Funding by State of Wyoming.--Pursuant to the Act of March 4, 
1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), and as a condition of 
providing any additional storage under subsection (a), the State of 
Wyoming shall provide to the Secretary of the Interior funds for any 
work carried out under subsection (a).
    (d) Other Contracting Authority.--
            (1) In general.--The Secretary of the Interior may enter 
        into contracts with the State of Wyoming, on such terms and 
        conditions as the Secretary of the Interior and the State of 
        Wyoming may agree, for division of any additional active 
        capacity made available under subsection (a).
            (2) Terms and conditions.--Unless otherwise agreed to by 
        the Secretary of the Interior and the State of Wyoming, a 
        contract entered into under paragraph (1) shall be subject to 
        the terms and conditions of Bureau of Reclamation Contract No. 
        14-06-400-2474 and Bureau of Reclamation Contract No. 14-06-
        400-6193.
    (e) Savings Provisions.--Unless expressly provided in this section, 
nothing in this section modifies, conflicts with, preempts, or 
otherwise affects--
            (1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.) 
        (commonly known as the ``Boulder Canyon Project Act'');
            (2) the Colorado River Compact of 1922, as approved by the 
        Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
            (3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.) 
        (commonly known as the ``Boulder Canyon Project Adjustment 
        Act'');
            (4) the Treaty between the United States of America and 
        Mexico relating to the utilization of waters of the Colorado 
        and Tijuana Rivers and of the Rio Grande, and supplementary 
        protocol signed November 14, 1944, signed at Washington 
        February 3, 1944 (59 Stat. 1219);
            (5) the Upper Colorado River Basin Compact as consented to 
        by the Act of April 6, 1949 (63 Stat. 31);
            (6) the Act of April 11, 1956 (commonly known as the 
        ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
        seq.);
            (7) the Colorado River Basin Project Act (Public Law 90-
        537; 82 Stat. 885); or
            (8) any law of the State of Wyoming or other State.

SEC. 103. SALTCEDAR CONTROL EFFORTS.

    (a) Study.--The Secretary of the Interior, consistent with 
applicable laws (including regulations) and in coordination with the 
Secretary of Agriculture, shall enter into an arrangement with the 
National Academy of Sciences under which the National Academy of 
Sciences shall conduct a comprehensive study, to be completed not later 
than 1 year after the date of enactment of this Act, on the 
effectiveness and environmental impacts of saltcedar biological and 
mechanical control efforts on increasing water supplies and improving 
riparian habitats, including--
            (1) a list of Federal permits that would be required for 
        any program to implement saltcedar biological and mechanical 
        controls; and
            (2) a list of existing programs, authorities, or technical 
        assistance opportunities that are currently available to such a 
        program.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        completion of the study under subsection (a), the Secretary of 
        the Interior shall submit to the Committees on Appropriations 
        and Natural Resources of the House of Representatives and the 
        Committees on Appropriations and Energy and Natural Resources 
        of the Senate a report that, taking into consideration the 
        results of the study, describes a feasible plan to implement a 
        tamarisk control plan, as described in the Bureau of 
        Reclamation study entitled ``Colorado River Basin Water Supply 
        and Demand Study'' and dated December 2012, including a 
        description of applicable timelines and costs.
            (2) Inclusions.--The report submitted under paragraph (1) 
        shall include--
                    (A) provisions for revegetating Federal land with 
                native vegetation;
                    (B) provisions for adapting to the increasing 
                presence of biological control in the Lower Colorado 
                River basin;
                    (C) provisions for removing saltcedar from Federal 
                land during post-wildfire recovery activities;
                    (D) strategies for developing partnerships with 
                State, tribal, and local governmental entities in the 
                eradication of saltcedar; and
                    (E) budget estimates and completion timelines for 
                the implementation of plan elements.

SEC. 104. COLORADO RIVER SYSTEM.

    Title II of the Energy and Water Development and Related Agencies 
Appropriations Act, 2015 (division D of Public Law 113-235) is amended 
by striking section 206 (43 U.S.C. 620 note; 128 Stat. 2312) and 
inserting the following:

``SEC. 206. COLORADO RIVER SYSTEM.

    ``(a) In General.--Notwithstanding any other provision of law, as 
soon as practicable after the date of enactment of the Western Water 
Supply and Planning Enhancement Act of 2016, the Secretary of the 
Interior (referred to in this section as the `Secretary') shall--
            ``(1) fund shall fund or participate in projects to 
        increase Colorado River System water in Lake Mead and the 
        initial units of Colorado River Storage Project reservoirs, as 
        authorized by the first section of the Act of April 11, 1956 
        (commonly known as the `Colorado River Storage Project Act') 
        (43 U.S.C. 620), to address the effects of historic drought 
        conditions;. and
        <DELETED>    ``(2) not release or allow diversion of water in 
        the same calendar year that the water was voluntarily 
        contributed to increase the active storage of Lake Mead 
        pursuant to--</DELETED>
                <DELETED>    ``(A) the Memorandum of Understanding 
                among the United States of America, through the 
                Department of the Interior, Bureau of Reclamation, the 
                Central Arizona Water Conservation District, the 
                Metropolitan Water District of Southern California, the 
                Southern Nevada Water Authority, the Arizona Department 
                of Water Resources, the Colorado River Board of 
                California, and the Colorado River Commission of Nevada 
                for Pilot Drought Response Actions, entered into 
                December 10, 2014; or</DELETED>
                <DELETED>    ``(B) the Pilot System Conservation 
                program carried out consistent with this section (as in 
                existence on the day before the date of enactment of 
                the Western Water Supply and Planning Enhancement Act 
                of 2016).</DELETED>
    ``(b) Administration.--Projects under this section may be funded 
through--
            ``(1) grants by the Secretary to public entities that use 
        water from the Colorado River Basin for municipal purposes for 
        projects that are implemented by one or more non-Federal 
        entities; or
            ``(2) grants or other appropriate financial agreements to 
        provide additional funds for renewing or implementing water 
        conservation agreements that are in existence on the date of 
        enactment of the Western Water Supply and Planning Enhancement 
        Act of 2016.
    ``(c) Limitation.--Funds in the Upper Colorado River Basin Fund 
established by section 5 of the Act of April 11, 1956 (commonly known 
as the `Colorado River Storage Project Act') (43 U.S.C. 620d), and the 
Lower Colorado River Basin Development Fund established by section 403 
of the Colorado River Basin Project Act (43 U.S.C. 1543) shall not be 
used to carry out this section.
    ``(d) Report and Recommendation.--Not later than September 30, 
2026, the Secretary shall submit to the Committees on Appropriations 
and Natural Resources of the House of Representatives and the 
Committees on Appropriations and Energy and Natural Resources of the 
Senate a report evaluating the effectiveness of the projects described 
in subsection (a).
    ``(e) Appropriations.--There is authorized to be appropriated to 
the Bureau of Reclamation to carry out this section $10,000,000 
$8,000,000 for each of fiscal years 2017 through 2027, to remain 
available until expended.''.

        Subtitle B--Protecting Critical Water Supply Watersheds

SEC. 111. DEFINITIONS.

    In this subtitle:
            (1) Categorical exclusion.--The term ``categorical 
        exclusion'' means an exception to the requirements of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) for a project or activity relating to the management of 
        National Forest System land or public land.
            (2) Collaborative process.--The term ``collaborative 
        process'' means a process relating to the management of 
        National Forest System land or public land by which a project 
        or activity is developed and implemented by the Secretary 
        concerned through collaboration with interested persons, as 
        described in section 603(b)(1)(C) of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)).
            (3) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        that term in section 101 of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6511).
            (4) Fire behavior model.--The term ``fire behavior model'' 
        means a predictive model used by the Forest Service or Bureau 
        of Land Management that--
                    (A) describes potential fire behavior;
                    (B) is capable of distinguishing among surface 
                fire, passive crown fire, and active crown fire; and
                    (C) uses, at a minimum, the inputs of--
                            (i) existing vegetation;
                            (ii) potential weather; and
                            (iii) fuel moisture conditions.
            (5) Land use plan.--The term ``land use plan'' means--
                    (A) a land use plan prepared by the Bureau of Land 
                Management for public land pursuant to section 202 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1712); or
                    (B) a land and resource management plan prepared by 
                the Forest Service for a unit of the National Forest 
                System pursuant to section 6 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1604).
            (6) Management activity.--The term ``management activity'' 
        means a project or activity carried out by the Secretary 
        concerned on National Forest System land or public land in 
        concert with the land use plan covering the land.
            (7) National fire danger rating system.--The term 
        ``national fire danger rating system'' means the rating system 
        used by the Forest Service and the Bureau of Land Management 
        that communicates wildfire danger on a 5-category scale of--
                    (A) low;
                    (B) moderate;
                    (C) high;
                    (D) very high; and
                    (E) extreme.
            (8) National forest system.--The term ``National Forest 
        System'' has the meaning given the term in section 11(a) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609(a)).
            (9) Public land.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``public land'' has the meaning given the 
                term ``public lands'' in section 103 of the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 
                1702).
                    (B) Exception.--The term ``public land'' includes 
                Coos Bay Wagon Road Grant land and Oregon and 
                California Railroad Grant land.
            (10) Resource advisory committee.--The term ``resource 
        advisory committee'' means--
                    (A) a resource advisory committee (as defined in 
                section 201 of the Secure Rural Schools and Community 
                Self-Determination Act of 2000 (16 U.S.C. 7121)), with 
                respect to the Forest Service; and
                    (B) an advisory council established under section 
                309(a) of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1739(a)), with respect to the Bureau of 
                Land Management.
            (11) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                public land.

SEC. 112. ANALYSIS OF ONLY TWO ALTERNATIVES IN PROPOSED COLLABORATIVE 
              MANAGEMENT ACTIVITIES.

    (a) Application to Certain Environmental Assessments and 
Environmental Impact Statements.--This section shall apply whenever the 
Secretary concerned prepares an environmental assessment or an 
environmental impact statement pursuant to section 102(2) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a 
project that meets the following criteria:
            (1) The primary purpose of the management activity is--
                    (A) to address an insect or disease infestation;
                    (B) to reduce hazardous fuel loads;
                    (C) to control medusahead rye, cheatgrass, or 
                another noxious or invasive weed specified on a Federal 
                or State noxious weeds list;
                    (D) to protect a municipal water source;
                    (E) to maintain, enhance, or modify critical 
                habitat to ensure protection from catastrophic 
                disturbances;
                    (F) to increase water yield; or
                    (G) any combination of the purposes specified in 
                subparagraphs (A) through (F).
            (2) The management activity--
                    (A) is developed through a collaborative process;
                    (B) is proposed by a resource advisory committee;
                    (C) is covered by a community wildfire protection 
                plan; or
                    (D) covers an area--
                            (i) with a rating on the national fire 
                        danger rating system of--
                                    (I) high;
                                    (II) very high; or
                                    (III) extreme; and
                            (ii) in which not less than 50 percent of 
                        the acres have a predicted potential fire 
                        behavior, as determined using a fire behavior 
                        model of--
                                    (I) passive crown fire; or
                                    (II) active crown fire.
    (b) Consideration of Alternatives.--In an environmental assessment 
or environmental impact statement described in subsection (a), the 
Secretary concerned shall study, develop, and describe only the 
following two alternatives:
            (1) The management activity, as proposed pursuant to 
        subsection (a).
            (2) The alternative of no action.
    (c) Elements of Nonaction Alternative.--In the case of the 
alternative of no action, the Secretary concerned shall evaluate--
            (1) the effect of no action on--
                    (A) forest or wildland health;
                    (B) habitat diversity;
                    (C) wildfire potential; and
                    (D) insect and disease potential; and
            (2) the implications of a resulting decline in forest or 
        wildland health, loss of habitat diversity, wildfire, spread of 
        noxious or invasive weeds, or insect or disease infestation, 
        given fire and insect and disease historic cycles, on--
                    (A) domestic water costs;
                    (B) wildlife habitat loss; and
                    (C) other economic and social factors.

SEC. 113. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE 
              ACTIONS.

    (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to develop and carry out a 
management activity on National Forest System land or public land if 
the primary purpose of the management activity is--
            (1) to protect a municipal water source;
            (2) to increase water yield;
            (3) to reduce hazardous fuel loads;
            (4) to control medusahead rye, cheatgrass, or another 
        noxious or invasive weed specified on a Federal or State 
        noxious weeds list;
            (5) to maintain, enhance, or modify critical habitat to 
        protect the habitat from catastrophic disturbances; or
            (6) any combination of the purposes specified in paragraphs 
        (1) through (5).
    (b) Acreage Limitations.--
            (1) In general.--Except in the case of a management 
        activity described in paragraph (2), a management activity 
        covered by the categorical exclusion granted by subsection (a) 
        may not contain a project exceeding a total of 5,000 acres.
            (2) Larger areas authorized.--A management activity covered 
        by the categorical exclusion granted by subsection (a) may not 
        contain a project exceeding a total of 15,000 acres if the 
        management activity--
                    (A) is developed through a collaborative process;
                    (B) is proposed by a resource advisory committee;
                    (C) is covered by a community wildfire protection 
                plan; or
                    (D) covers an area--
                            (i) with a rating on the national fire 
                        danger rating system of--
                                    (I) high;
                                    (II) very high; or
                                    (III) extreme; and
                            (ii) in which not less than 50 percent of 
                        the acres have a predicted potential fire 
                        behavior, as determined using a fire behavior 
                        model, of--
                                    (I) passive crown fire; or
                                    (II) active crown fire.

SEC. 114. COMPLIANCE WITH LAND USE PLAN.

    A management activity covered by a categorical exclusion granted by 
this subtitle shall be conducted in a manner consistent with the land 
use plan applicable to the relevant National Forest System land or 
public land.

           Subtitle C--Bureau of Reclamation Transparency Act

SEC. 121. SHORT TITLE.

    This subtitle may be cited as the ``Bureau of Reclamation 
Transparency Act''.

SEC. 122. FINDINGS.

    Congress finds that--
            (1) the water resources infrastructure of the Bureau of 
        Reclamation provides important benefits related to irrigated 
        agriculture, municipal and industrial water, hydropower, flood 
        control, fish and wildlife, and recreation in the 17 
        Reclamation States;
            (2) as of 2013, the combined replacement value of the 
        infrastructure assets of the Bureau of Reclamation was 
        $94,500,000,000;
            (3) the majority of the water resources infrastructure 
        facilities of the Bureau of Reclamation are at least 60 years 
        old;
            (4) the Bureau of Reclamation has previously undertaken 
        efforts to better manage the assets of the Bureau of 
        Reclamation, including an annual review of asset maintenance 
        activities of the Bureau of Reclamation known as the ``Asset 
        Management Plan''; and
            (5) actionable information on infrastructure conditions at 
        the asset level, including information on maintenance needs at 
        individual assets due to aging infrastructure, is needed for 
        Congress to conduct oversight of Reclamation facilities and 
        meet the needs of the public.

SEC. 123. DEFINITIONS.

    In this subtitle:
            (1) Asset.--
                    (A) In general.--The term ``asset'' means any of 
                the following assets that are used to achieve the 
                mission of the Bureau of Reclamation to manage, 
                develop, and protect water and related resources in an 
                environmentally and economically sound manner in the 
                interest of the people of the United States:
                            (i) Capitalized facilities, buildings, 
                        structures, project features, power production 
                        equipment, recreation facilities, or quarters.
                            (ii) Capitalized and noncapitalized heavy 
                        equipment and other installed equipment.
                    (B) Inclusions.--The term ``asset'' includes assets 
                described in subparagraph (A) that are considered to be 
                mission critical.
            (2) Asset management report.--The term ``Asset Management 
        Report'' means--
                    (A) the annual plan prepared by the Bureau of 
                Reclamation known as the ``Asset Management Plan''; and
                    (B) any publicly available information relating to 
                the plan described in subparagraph (A) that summarizes 
                the efforts of the Bureau of Reclamation to evaluate 
                and manage infrastructure assets of the Bureau of 
                Reclamation.
            (3) Major repair and rehabilitation need.--The term ``major 
        repair and rehabilitation need'' means major nonrecurring 
        maintenance at a Reclamation facility, including maintenance 
        related to the safety of dams, extraordinary maintenance of 
        dams, deferred major maintenance activities, and all other 
        significant repairs and extraordinary maintenance.
            (4) Reclamation facility.--The term ``Reclamation 
        facility'' means each of the infrastructure assets that are 
        owned by the Bureau of Reclamation at a Reclamation project.
            (5) Reclamation project.--The term ``Reclamation project'' 
        means a project that is owned by the Bureau of Reclamation, 
        including all reserved works and transferred works owned by the 
        Bureau of Reclamation.
            (6) Reserved works.--The term ``reserved works'' means 
        buildings, structures, facilities, or equipment that are owned 
        by the Bureau of Reclamation for which operations and 
        maintenance are performed by employees of the Bureau of 
        Reclamation or through a contract entered into by the Bureau of 
        Reclamation, regardless of the source of funding for the 
        operations and maintenance.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Transferred works.--The term ``transferred works'' 
        means a Reclamation facility at which operations and 
        maintenance of the facility is carried out by a non-Federal 
        entity under the provisions of a formal operations and 
        maintenance transfer contract or other legal agreement with the 
        Bureau of Reclamation.

SEC. 124. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall submit to Congress an Asset Management 
Report that--
            (1) describes the efforts of the Bureau of Reclamation--
                    (A) to maintain in a reliable manner all reserved 
                works at Reclamation facilities; and
                    (B) to standardize and streamline data reporting 
                and processes across regions and areas for the purpose 
                of maintaining reserved works at Reclamation 
                facilities; and
            (2) expands on the information otherwise provided in an 
        Asset Management Report, in accordance with subsection (b).
    (b) Infrastructure Maintenance Needs Assessment.--
            (1) In general.--The Asset Management Report submitted 
        under subsection (a) shall include--
                    (A) a detailed assessment of major repair and 
                rehabilitation needs for all reserved works at all 
                Reclamation projects; and
                    (B) to the extent practicable, an itemized list of 
                major repair and rehabilitation needs of individual 
                Reclamation facilities at each Reclamation project.
            (2) Inclusions.--To the extent practicable, the itemized 
        list of major repair and rehabilitation needs under paragraph 
        (1)(B) shall include--
                    (A) a budget level cost estimate of the 
                appropriations needed to complete each item; and
                    (B) an assignment of a categorical rating for each 
                item, consistent with paragraph (3).
            (3) Rating requirements.--
                    (A) In general.--The system for assigning ratings 
                under paragraph (2)(B) shall be--
                            (i) consistent with existing uniform 
                        categorization systems to inform the annual 
                        budget process and agency requirements; and
                            (ii) subject to the guidance and 
                        instructions issued under subparagraph (B).
                    (B) Guidance.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                issue guidance that describes the applicability of the 
                rating system applicable under paragraph (2)(B) to 
                Reclamation facilities.
            (4) Public availability.--Except as provided in paragraph 
        (5), the Secretary shall make publicly available, including on 
        the Internet, the Asset Management Report required under 
        subsection (a).
            (5) Confidentiality.--The Secretary may exclude from the 
        public version of the Asset Management Report made available 
        under paragraph (4) any information that the Secretary 
        identifies as sensitive or classified, but shall make available 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives a version of the report containing the 
        sensitive or classified information.
    (c) Updates.--Not later than 2 years after the date on which the 
Asset Management Report is submitted under subsection (a) and 
biennially thereafter, the Secretary shall update the Asset Management 
Report, subject to the requirements of section 125(b)(2).
    (d) Consultation.--To the extent that such consultation would 
assist the Secretary in preparing the Asset Management Report under 
subsection (a) and updates to the Asset Management Report under 
subsection (c), the Secretary shall consult with--
            (1) the Secretary of the Army (acting through the Chief of 
        Engineers); and
            (2) water and power contractors.

SEC. 125. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS.

    (a) In General.--The Secretary shall coordinate with the non-
Federal entities responsible for the operation and maintenance of 
transferred works in developing reporting requirements for Asset 
Management Reports with respect to major repair and rehabilitation 
needs for transferred works that are similar to the reporting 
requirements described in section 124(b).
    (b) Guidance.--
            (1) In general.--After considering input from water and 
        power contractors of the Bureau of Reclamation, the Secretary 
        shall develop and implement a rating system for transferred 
        works that incorporates, to the maximum extent practicable, the 
        rating system for major repair and rehabilitation needs for 
        reserved works developed under section 124(b)(3).
            (2) Updates.--The ratings system developed under paragraph 
        (1) shall be included in the updated Asset Management Reports 
        under section 124(c).

SEC. 126. OFFSET.

    Notwithstanding any other provision of law, in the case of the 
project authorized by section 1617 of the Reclamation Projects 
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the 
maximum amount of the Federal share of the cost of the project under 
section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise 
available as of the date of enactment of this Act shall be reduced by 
$2,000,000.

                Subtitle D--Water Supply Permitting Act

SEC. 131. SHORT TITLE.

    This subtitle may be cited as the ``Water Supply Permitting 
Coordination Act''.

SEC. 132. DEFINITIONS.

    In this subtitle:
            (1) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (2) Cooperating agencies.--The term ``cooperating agency'' 
        means a Federal agency with jurisdiction over a review, 
        analysis, opinion, statement, permit, license, or other 
        approval or decision required for a qualifying project under 
        applicable Federal laws and regulations, or a State agency 
        subject to section 133(c).
            (3) Qualifying projects.--The term ``qualifying projects'' 
        means new surface water storage projects in the States covered 
        under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
        and Acts supplemental to and amendatory of that Act (43 U.S.C. 
        371 et seq.) constructed on lands administered by the 
        Department of the Interior or the Department of Agriculture, 
        exclusive of any easement, right-of-way, lease, or any private 
        holding.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 133. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES.

    (a) Establishment of Lead Agency.--The Bureau is established as the 
lead agency for purposes of coordinating all reviews, analyses, 
opinions, statements, permits, licenses, or other approvals or 
decisions required under Federal law to construct qualifying projects.
    (b) Identification and Establishment of Cooperating Agencies.--The 
Commissioner of the Bureau shall--
            (1) identify, as early as practicable upon receipt of an 
        application for a qualifying project, any Federal agency that 
        may have jurisdiction over a review, analysis, opinion, 
        statement, permit, license, approval, or decision required for 
        a qualifying project under applicable Federal laws and 
        regulations; and
            (2) notify any such agency, within a reasonable timeframe, 
        that the agency has been designated as a cooperating agency in 
        regards to the qualifying project unless that agency responds 
        to the Bureau in writing, within a timeframe set forth by the 
        Bureau, notifying the Bureau that the agency--
                    (A) has no jurisdiction or authority with respect 
                to the qualifying project;
                    (B) has no expertise or information relevant to the 
                qualifying project or any review, analysis, opinion, 
                statement, permit, license, or other approval or 
                decision associated therewith; or
                    (C) does not intend to submit comments on the 
                qualifying project or conduct any review of such a 
                project or make any decision with respect to such 
                project in a manner other than in cooperation with the 
                Bureau.
    (c) State Authority.--A State in which a qualifying project is 
being considered may choose, consistent with State law--
            (1) to participate as a cooperating agency; and
            (2) to make subject to the processes of this subtitle all 
        State agencies that--
                    (A) have jurisdiction over the qualifying project;
                    (B) are required to conduct or issue a review, 
                analysis, or opinion for the qualifying project; or
                    (C) are required to make a determination on issuing 
                a permit, license, or approval for the qualifying 
                project.

SEC. 134. BUREAU RESPONSIBILITIES.

    (a) In General.--The principal responsibilities of the Bureau under 
this subtitle are--
            (1) to serve as the point of contact for applicants, State 
        agencies, Indian tribes, and others regarding proposed 
        qualifying projects;
            (2) to coordinate preparation of unified environmental 
        documentation that will serve as the basis for all Federal 
        decisions necessary to authorize the use of Federal lands for 
        qualifying projects; and
            (3) to coordinate all Federal agency reviews necessary for 
        project development and construction of qualifying projects.
    (b) Coordination Process.--The Bureau shall have the following 
coordination responsibilities:
            (1) Preapplication coordination.--Notify cooperating 
        agencies of proposed qualifying projects not later than 30 days 
        after receipt of a proposal and facilitate a preapplication 
        meeting for prospective applicants, relevant Federal and State 
        agencies, and Indian tribes--
                    (A) to explain applicable processes, data 
                requirements, and applicant submissions necessary to 
                complete the required Federal agency reviews within the 
                timeframe established; and
                    (B) to establish the schedule for the qualifying 
                project.
            (2) Consultation with cooperating agencies.--Consult with 
        the cooperating agencies throughout the Federal agency review 
        process, identify and obtain relevant data in a timely manner, 
        and set necessary deadlines for cooperating agencies.
            (3) Schedule.--Work with the qualifying project applicant 
        and cooperating agencies to establish a project schedule. In 
        establishing the schedule, the Bureau shall consider, among 
        other factors--
                    (A) the responsibilities of cooperating agencies 
                under applicable laws and regulations;
                    (B) the resources available to the cooperating 
                agencies and the non-Federal qualifying project 
                sponsor, as applicable;
                    (C) the overall size and complexity of the 
                qualifying project;
                    (D) the overall schedule for and cost of the 
                qualifying project; and
                    (E) the sensitivity of the natural and historic 
                resources that may be affected by the qualifying 
                project.
            (4) Environmental compliance.--Prepare a unified 
        environmental review document for each qualifying project 
        application, incorporating a single environmental record on 
        which all cooperating agencies with authority to issue 
        approvals for a given qualifying project shall base project 
        approval decisions. Help ensure that cooperating agencies make 
        necessary decisions, within their respective authorities, 
        regarding Federal approvals in accordance with the following 
        timelines:
                    (A) Not later than 1 year after acceptance of a 
                completed project application when an environmental 
                assessment and finding of no significant impact is 
                determined to be the appropriate level of review under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                    (B) Not later than 1 year and 30 days after the 
                close of the public comment period for a draft 
                environmental impact statement under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), when an environmental impact statement is 
                required under the same.
            (5) Consolidated administrative record.--Maintain a 
        consolidated administrative record of the information assembled 
        and used by the cooperating agencies as the basis for agency 
        decisions.
            (6) Project data records.--To the extent practicable and 
        consistent with Federal law, ensure that all project data is 
        submitted and maintained in generally accessible electronic 
        format, compile, and where authorized under existing law, make 
        available such project data to cooperating agencies, the 
        qualifying project applicant, and to the public.
            (7) Project manager.--Appoint a project manager for each 
        qualifying project. The project manager shall have authority to 
        oversee the project and to facilitate the issuance of the 
        relevant final authorizing documents, and shall be responsible 
        for ensuring fulfillment of all Bureau responsibilities set 
        forth in this section and all cooperating agency 
        responsibilities under section 135.

SEC. 135. COOPERATING AGENCY RESPONSIBILITIES.

    (a) Adherence to Bureau Schedule.--
            (1) Timeframes.--On notification of an application for a 
        qualifying project, the head of each cooperating agency shall 
        submit to the Bureau a timeframe under which the cooperating 
        agency reasonably will be able to complete the authorizing 
        responsibilities of the cooperating agency.
            (2) Schedule.--
                    (A) Use of timeframes.--The Bureau shall use the 
                timeframes submitted under this subsection to establish 
                the project schedule under section 134.
                    (B) Adherence.--Each cooperating agency shall 
                adhere to the project schedule established by the 
                Bureau under subparagraph (A).
    (b) Environmental Record.--The head of each cooperating agency 
shall submit to the Bureau all environmental review material produced 
or compiled in the course of carrying out activities required under 
Federal law, consistent with the project schedule established by the 
Bureau under subsection (a)(2).
    (c) Data Submission.--To the extent practicable and consistent with 
Federal law, the head of each cooperating agency shall submit all 
relevant project data to the Bureau in a generally accessible 
electronic format, subject to the project schedule established by the 
Bureau under subsection (a)(2).

SEC. 136. FUNDING TO PROCESS PERMITS.

    (a) In General.--The Secretary, after public notice in accordance 
with subchapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ``Administrative Procedure Act''), 
may accept and expend funds contributed by a non-Federal public entity 
to expedite the evaluation of a permit of that entity related to a 
qualifying project.
    (b) Effect on Permitting.--
            (1) In general.--In carrying out this section, the 
        Secretary shall ensure that the use of funds accepted under 
        subsection (a) will not substantively or procedurally impact 
        impartial decisionmaking with respect to permits.
            (2) Evaluation of permits.--In carrying out this section, 
        the Secretary shall ensure that the evaluation of permits 
        carried out using funds accepted under this section shall--
                    (A) be reviewed by the Regional Director of the 
                Bureau of the region in which the qualifying project or 
                activity is located (or a designee); and
                    (B) use the same procedures for decisions that 
                would otherwise be required for the evaluation of 
                permits for similar projects or activities not carried 
                out using funds authorized under this section.
            (3) Impartial decisionmaking.--In carrying out this 
        section, the Secretary and the head of each cooperating agency 
        receiving funds under this section for a qualifying project 
        shall ensure that the use of the funds accepted under this 
        section for the qualifying project shall not--
                    (A) substantively or procedurally impact impartial 
                decisionmaking with respect to the issuance of permits; 
                or
                    (B) diminish, modify, or otherwise affect the 
                statutory or regulatory authorities of the cooperating 
                agency.
    (c) Limitation on Use of Funds.--None of the funds accepted under 
this section shall be used to carry out a review of the evaluation of 
permits required under subsection (b)(2)(A).
    (d) Public Availability.--The Secretary shall ensure that all final 
permit decisions carried out using funds authorized under this section 
are made available to the public, including on the Internet.

       Subtitle E--Bureau of Reclamation Project Streamlining Act

SEC. 141. SHORT TITLE.

    This subtitle may be cited as the ``Bureau of Reclamation Project 
Streamlining Act''.

SEC. 142. DEFINITIONS.

    In this subtitle:
            (1) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed statement 
        of environmental impacts of a project required to be prepared 
        pursuant to the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            (2) Environmental review process.--
                    (A) In general.--The term ``environmental review 
                process'' means the process of preparing an 
                environmental impact statement, environmental 
                assessment, categorical exclusion, or other document 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for a project study.
                    (B) Inclusions.--The term ``environmental review 
                process'' includes the process for and completion of 
                any environmental permit, approval, review, or study 
                required for a project study under any Federal law 
                other than the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
            (3) Federal jurisdictional agency.--The term ``Federal 
        jurisdictional agency'' means a Federal agency with 
        jurisdiction delegated by law, regulation, order, or otherwise 
        over a review, analysis, opinion, statement, permit, license, 
        or other approval or decision required for a project study 
        under applicable Federal laws (including regulations).
            (4) Federal lead agency.--The term ``Federal lead agency'' 
        means the Bureau of Reclamation.
            (5) Project.--The term ``project'' means a surface water 
        project, a project under the purview of title XVI of Public Law 
        102-575, or a rural water supply project investigated under 
        Public Law 109-451 to be carried out, funded or operated in 
        whole or in part by the Secretary pursuant to the Act of June 
        17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
        and amendatory of that Act (43 U.S.C. 371 et seq.).
            (6) Project sponsor.--The term ``project sponsor'' means a 
        State, regional, or local authority or instrumentality or other 
        qualifying entity, such as a water conservation district, 
        irrigation district, water conservancy district, joint powers 
        authority, mutual water company, canal company, rural water 
        district or association, or any other entity that has the 
        capacity to contract with the United States under Federal 
        reclamation law.
            (7) Project study.--The term ``project study'' means a 
        feasibility study for a project carried out pursuant to the Act 
        of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
        supplemental to and amendatory of that Act (43 U.S.C. 371 et 
        seq.).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) Surface water storage.--The term ``surface water 
        storage'' means any surface water reservoir or impoundment that 
        would be owned, funded or operated in whole or in part by the 
        Bureau of Reclamation or that would be integrated into a larger 
        system owned, operated or administered in whole or in part by 
        the Bureau of Reclamation.

SEC. 143. ACCELERATION OF STUDIES.

    (a) In General.--To the extent practicable, a project study 
initiated by the Secretary, after the date of enactment of this Act, 
under the Reclamation Act of 1902 (32 Stat. 388), and all Acts 
amendatory thereof or supplementary thereto, shall--
            (1) result in the completion of a final feasibility report 
        not later than 3 years after the date of initiation;
            (2) have a maximum Federal cost of $3,000,000; and
            (3) ensure that personnel from the local project area, 
        region, and headquarters levels of the Bureau of Reclamation 
        concurrently conduct the review required under this section.
    (b) Extension.--If the Secretary determines that a project study 
described in subsection (a) will not be conducted in accordance with 
subsection (a), the Secretary, not later than 30 days after the date of 
making the determination, shall--
            (1) prepare an updated project study schedule and cost 
        estimate;
            (2) notify the non-Federal project cost-sharing partner 
        that the project study has been delayed; and
            (3) provide written notice to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate as to the reasons 
        the requirements of subsection (a) are not attainable.
    (c) Exception.--
            (1) In general.--Notwithstanding the requirements of 
        subsection (a), the Secretary may extend the timeline of a 
        project study by a period not to exceed 3 years, if the 
        Secretary determines that the project study is too complex to 
        comply with the requirements of subsection (a).
            (2) Factors.--In making a determination that a study is too 
        complex to comply with the requirements of subsection (a), the 
        Secretary shall consider--
                    (A) the type, size, location, scope, and overall 
                cost of the project;
                    (B) whether the project will use any innovative 
                design or construction techniques;
                    (C) whether the project will require significant 
                action by other Federal, State, or local agencies;
                    (D) whether there is significant public dispute as 
                to the nature or effects of the project; and
                    (E) whether there is significant public dispute as 
                to the economic or environmental costs or benefits of 
                the project.
            (3) Notification.--Each time the Secretary makes a 
        determination under this subsection, the Secretary shall 
        provide written notice to the Committee on Natural Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate as to the results of that 
        determination, including an identification of the specific one 
        or more factors used in making the determination that the 
        project is complex.
            (4) Limitation.--The Secretary shall not extend the 
        timeline for a project study for a period of more than 7 years, 
        and any project study that is not completed before that date 
        shall no longer be authorized.
    (d) Reviews.--Not later than 90 days after the date of the 
initiation of a project study described in subsection (a), the 
Secretary shall--
            (1) take all steps necessary to initiate the process for 
        completing federally mandated reviews that the Secretary is 
        required to complete as part of the study, including the 
        environmental review process under section 145;
            (2) convene a meeting of all Federal, tribal, and State 
        agencies identified under section 145(d) that may--
                    (A) have jurisdiction over the project;
                    (B) be required by law to conduct or issue a 
                review, analysis, opinion, or statement for the project 
                study; or
                    (C) be required to make a determination on issuing 
                a permit, license, or other approval or decision for 
                the project study; and
            (3) take all steps necessary to provide information that 
        will enable required reviews and analyses related to the 
        project to be conducted by other agencies in a thorough and 
        timely manner.
    (e) Interim Report.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate and make publicly available 
a report that describes--
            (1) the status of the implementation of the planning 
        process under this section, including the number of 
        participating projects;
            (2) a review of project delivery schedules, including a 
        description of any delays on those studies initiated prior to 
        the date of enactment of this Act; and
            (3) any recommendations for additional authority necessary 
        to support efforts to expedite the project.
    (f) Final Report.--Not later than 4 years after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate and make publicly available 
a report that describes--
            (1) the status of the implementation of this section, 
        including a description of each project study subject to the 
        requirements of this section;
            (2) the period of time required to complete each project 
        study; and
            (3) any recommendations for additional authority necessary 
        to support efforts to expedite the project study process, 
        including an analysis of whether the limitation established by 
        subsection (a)(2) needs to be adjusted to address the impacts 
        of inflation.

SEC. 144. EXPEDITED COMPLETION OF REPORTS.

    The Secretary shall--
            (1) expedite the completion of any ongoing project study 
        initiated before the date of enactment of this Act; and
            (2) if the Secretary determines that the project is 
        justified in a completed report, proceed directly to 
        preconstruction planning, engineering, and design of the 
        project in accordance with the Reclamation Act of 1902 (32 
        Stat. 388), and all Acts amendatory thereof or supplementary 
        thereto.

SEC. 145. PROJECT ACCELERATION.

    (a) Applicability.--
            (1) In general.--This section shall apply to--
                    (A) each project study that is initiated after the 
                date of enactment of this Act and for which an 
                environmental impact statement is prepared under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.);
                    (B) the extent determined appropriate by the 
                Secretary, to other project studies initiated before 
                the date of enactment of this Act and for which an 
                environmental review process document is prepared under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); and
                    (C) any project study for the development of a 
                nonfederally owned and operated surface water storage 
                project for which the Secretary determines there is a 
                demonstrable Federal interest and the project--
                            (i) is located in a river basin where other 
                        Bureau of Reclamation water projects are 
                        located;
                            (ii) will create additional water supplies 
                        that support Bureau of Reclamation water 
                        projects; or
                            (iii) will become integrated into the 
                        operation of Bureau of Reclamation water 
                        projects.
            (2) Flexibility.--Any authority granted under this section 
        may be exercised, and any requirement established under this 
        section may be satisfied, for the conduct of an environmental 
        review process for a project study, a class of project studies, 
        or a program of project studies.
            (3) List of project studies.--
                    (A) In general.--The Secretary shall annually 
                prepare, and make publicly available, a list of all 
                project studies that the Secretary has determined--
                            (i) meets the standards described in 
                        paragraph (1); and
                            (ii) does not have adequate funding to make 
                        substantial progress toward the completion of 
                        the project study.
                    (B) Inclusions.--The Secretary shall include for 
                each project study on the list under subparagraph (A) a 
                description of the estimated amounts necessary to make 
                substantial progress on the project study.
    (b) Project Review Process.--
            (1) In general.--The Secretary shall develop and implement 
        a coordinated environmental review process for the development 
        of project studies.
            (2) Coordinated review.--The coordinated environmental 
        review process described in paragraph (1) shall require that 
        any review, analysis, opinion, statement, permit, license, or 
        other approval or decision issued or made by a Federal, State, 
        or local governmental agency or an Indian tribe for a project 
        study described in subsection (a) be conducted, to the maximum 
        extent practicable, concurrently with any other applicable 
        governmental agency or Indian tribe.
            (3) Timing.--The coordinated environmental review process 
        under this subsection shall be completed not later than the 
        date on which the Secretary, in consultation and concurrence 
        with the agencies identified under section 145(d), establishes 
        with respect to the project study.
    (c) Lead Agencies.--
            (1) Joint lead agencies.--
                    (A) In general.--Subject to the requirements of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and the requirements of section 1506.8 of 
                title 40, Code of Federal Regulations (or a successor 
                regulation), including the concurrence of the proposed 
                joint lead agency, a project sponsor may serve as the 
                joint lead agency.
                    (B) Project sponsor as joint lead agency.--A 
                project sponsor that is a State or local governmental 
                entity may--
                            (i) with the concurrence of the Secretary, 
                        serve as a joint lead agency with the Federal 
                        lead agency for purposes of preparing any 
                        environmental document under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.); and
                            (ii) prepare any environmental review 
                        process document under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) required in support of any action 
                        or approval by the Secretary if--
                                    (I) the Secretary provides guidance 
                                in the preparation process and 
                                independently evaluates that document;
                                    (II) the project sponsor complies 
                                with all requirements applicable to the 
                                Secretary under--
                                            (aa) the National 
                                        Environmental Policy Act of 
                                        1969 (42 U.S.C. 4321 et seq.);
                                            (bb) any regulation 
                                        implementing that Act; and
                                            (cc) any other applicable 
                                        Federal law; and
                                    (III) the Secretary approves and 
                                adopts the document before the 
                                Secretary takes any subsequent action 
                                or makes any approval based on that 
                                document, regardless of whether the 
                                action or approval of the Secretary 
                                results in Federal funding.
            (2) Duties.--The Secretary shall ensure that--
                    (A) the project sponsor complies with all design 
                and mitigation commitments made jointly by the 
                Secretary and the project sponsor in any environmental 
                document prepared by the project sponsor in accordance 
                with this subsection; and
                    (B) any environmental document prepared by the 
                project sponsor is appropriately supplemented to 
                address any changes to the project the Secretary 
                determines are necessary.
            (3) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection shall be 
        adopted and used by any Federal agency making any determination 
        related to the project study to the same extent that the 
        Federal agency could adopt or use a document prepared by 
        another Federal agency under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) parts 1500 through 1508 of title 40, Code of 
                Federal Regulations (or successor regulations).
            (4) Roles and responsibility of lead agency.--With respect 
        to the environmental review process for any project study, the 
        Federal lead agency shall have authority and responsibility--
                    (A) to take such actions as are necessary and 
                proper and within the authority of the Federal lead 
                agency to facilitate the expeditious resolution of the 
                environmental review process for the project study; and
                    (B) to prepare or ensure that any required 
                environmental impact statement or other environmental 
                review document for a project study required to be 
                completed under the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.) is completed in 
                accordance with this section and applicable Federal 
                law.
    (d) Participating and Cooperating Agencies.--
            (1) Identification of jurisdictional agencies.--With 
        respect to carrying out the environmental review process for a 
        project study, the Secretary shall identify, as early as 
        practicable in the environmental review process, all Federal, 
        State, and local government agencies and Indian tribes that 
        may--
                    (A) have jurisdiction over the project;
                    (B) be required by law to conduct or issue a 
                review, analysis, opinion, or statement for the project 
                study; or
                    (C) be required to make a determination on issuing 
                a permit, license, or other approval or decision for 
                the project study.
            (2) State authority.--If the environmental review process 
        is being implemented by the Secretary for a project study 
        within the boundaries of a State, the State, consistent with 
        State law, may choose to participate in the process and to make 
        subject to the process all State agencies that--
                    (A) have jurisdiction over the project;
                    (B) are required to conduct or issue a review, 
                analysis, opinion, or statement for the project study; 
                or
                    (C) are required to make a determination on issuing 
                a permit, license, or other approval or decision for 
                the project study.
            (3) Invitation.--
                    (A) In general.--The Federal lead agency shall 
                invite, as early as practicable in the environmental 
                review process, any agency identified under paragraph 
                (1) to become a participating or cooperating agency, as 
                applicable, in the environmental review process for the 
                project study.
                    (B) Deadline.--An invitation to participate issued 
                under subparagraph (A) shall set a deadline by which a 
                response to the invitation shall be submitted, which 
                may be extended by the Federal lead agency for good 
                cause.
            (4) Procedures.--Section 1501.6 of title 40, Code of 
        Federal Regulations (as in effect on the date of enactment of 
        this Act), shall govern the identification and the 
        participation of a cooperating agency.
            (5) Federal cooperating agencies.--Any Federal agency that 
        is invited by the Federal lead agency to participate in the 
        environmental review process for a project study shall be 
        designated as a cooperating agency by the Federal lead agency 
        unless the invited agency informs the Federal lead agency, in 
        writing, by the deadline specified in the invitation that the 
        invited agency--
                    (A)(i) has no jurisdiction or authority with 
                respect to the project;
                    (ii) has no expertise or information relevant to 
                the project; or
                    (iii) does not have adequate funds to participate 
                in the project; and
                    (B) does not intend to submit comments on the 
                project.
            (6) Administration.--A participating or cooperating agency 
        shall comply with this section and any schedule established 
        under this section.
            (7) Effect of designation.--Designation as a participating 
        or cooperating agency under this subsection shall not imply 
        that the participating or cooperating agency--
                    (A) supports a proposed project; or
                    (B) has any jurisdiction over, or special expertise 
                with respect to evaluation of, the project.
            (8) Concurrent reviews.--Each participating or cooperating 
        agency shall--
                    (A) carry out the obligations of that agency under 
                other applicable law concurrently and in conjunction 
                with the required environmental review process, unless 
                doing so would prevent the participating or cooperating 
                agency from conducting needed analysis or otherwise 
                carrying out those obligations; and
                    (B) formulate and implement administrative, policy, 
                and procedural mechanisms to enable the agency to 
                ensure completion of the environmental review process 
                in a timely, coordinated, and environmentally 
                responsible manner.
    (e) Non-Federal Projects Integrated Into Reclamation Systems.--The 
Federal lead agency shall serve in that capacity for the entirety of 
all non-Federal projects that will be integrated into a larger system 
owned, operated or administered in whole or in part by the Bureau of 
Reclamation.
    (f) Non-Federal Project.--If the Secretary determines that a 
project can be expedited by a non-Federal sponsor, and that there is a 
demonstrable Federal interest in expediting that project, the Secretary 
shall take such actions as are necessary to advance the project as a 
non-Federal project, including entering into agreements with the non-
Federal sponsor of the project to support the planning, design, and 
permitting of the project as a non-Federal project.
    (g) Programmatic Compliance.--
            (1) In general.--The Secretary shall issue guidance 
        regarding the use of programmatic approaches to carry out the 
        environmental review process that--
                    (A) eliminates repetitive discussions of the same 
                issues;
                    (B) focuses on the actual issues ripe for analyses 
                at each level of review;
                    (C) establishes a formal process for coordinating 
                with participating and cooperating agencies, including 
                the creation of a list of all data that are needed to 
                carry out an environmental review process; and
                    (D) complies with--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (ii) all other applicable laws.
            (2) Requirements.--In carrying out paragraph (1), the 
        Secretary shall--
                    (A) as the first step in drafting guidance under 
                that paragraph, consult with relevant Federal, State, 
                and local governmental agencies, Indian tribes, and the 
                public on the appropriate use and scope of the 
                programmatic approaches;
                    (B) emphasize the importance of collaboration among 
                relevant Federal, State, and local governmental 
                agencies, and Indian tribes in undertaking programmatic 
                reviews, especially with respect to including reviews 
                with a broad geographical scope;
                    (C) ensure that the programmatic reviews--
                            (i) promote transparency, including of the 
                        analyses and data used in the environmental 
                        review process, the treatment of any deferred 
                        issues raised by Federal, State, and local 
                        governmental agencies, Indian tribes, or the 
                        public, and the temporal and special scales to 
                        be used to analyze those issues;
                            (ii) use accurate and timely information in 
                        the environmental review process, including--
                                    (I) criteria for determining the 
                                general duration of the usefulness of 
                                the review; and
                                    (II) the timeline for updating any 
                                out-of-date review;
                            (iii) describe--
                                    (I) the relationship between 
                                programmatic analysis and future tiered 
                                analysis; and
                                    (II) the role of the public in the 
                                creation of future tiered analysis; and
                            (iv) are available to other relevant 
                        Federal, State, and local governmental 
                        agencies, Indian tribes, and the public;
                    (D) allow not fewer than 60 days of public notice 
                and comment on any proposed guidance; and
                    (E) address any comments received under 
                subparagraph (D).
    (h) Coordinated Reviews.--
            (1) Coordination plan.--
                    (A) Establishment.--The Federal lead agency shall, 
                after consultation with and with the concurrence of 
                each participating and cooperating agency and the 
                project sponsor or joint lead agency, as applicable, 
                establish a plan for coordinating public and agency 
                participation in, and comment on, the environmental 
                review process for a project study or a category of 
                project studies.
                    (B) Schedule.--
                            (i) In general.--As soon as practicable but 
                        not later than 45 days after the close of the 
                        public comment period on a draft environmental 
                        impact statement, the Federal lead agency, 
                        after consultation with and the concurrence of 
                        each participating and cooperating agency and 
                        the project sponsor or joint lead agency, as 
                        applicable, shall establish, as part of the 
                        coordination plan established in subparagraph 
                        (A), a schedule for completion of the 
                        environmental review process for the project 
                        study.
                            (ii) Factors for consideration.--In 
                        establishing a schedule, the Secretary shall 
                        consider factors such as--
                                    (I) the responsibilities of 
                                participating and cooperating agencies 
                                under applicable laws;
                                    (II) the resources available to the 
                                project sponsor, joint lead agency, and 
                                other relevant Federal and State 
                                agencies, as applicable;
                                    (III) the overall size and 
                                complexity of the project;
                                    (IV) the overall schedule for and 
                                cost of the project; and
                                    (V) the sensitivity of the natural 
                                and historical resources that could be 
                                affected by the project.
                            (iii) Modifications.--The Secretary may--
                                    (I) lengthen a schedule established 
                                under clause (i) for good cause; and
                                    (II) shorten a schedule only with 
                                concurrence of the affected 
                                participating and cooperating agencies 
                                and the project sponsor or joint lead 
                                agency, as applicable.
                            (iv) Dissemination.--A copy of a schedule 
                        established under clause (i) shall be--
                                    (I) provided to each participating 
                                and cooperating agency and the project 
                                sponsor or joint lead agency, as 
                                applicable; and
                                    (II) made available to the public.
            (2) Comment deadlines.--The Federal lead agency shall 
        establish the following deadlines for comment during the 
        environmental review process for a project study:
                    (A) Draft environmental impact statements.--For 
                comments by Federal and State agencies and the public 
                on a draft environmental impact statement, a period of 
                not more than 60 days after publication in the Federal 
                Register of notice of the date of public availability 
                of the draft environmental impact statement, unless--
                            (i) a different deadline is established by 
                        agreement of the Federal lead agency, the 
                        project sponsor or joint lead agency, as 
                        applicable, and all participating and 
                        cooperating agencies; or
                            (ii) the deadline is extended by the 
                        Federal lead agency for good cause.
                    (B) Other environmental review processes.--For all 
                other comment periods established by the Federal lead 
                agency for agency or public comments in the 
                environmental review process, a period of not more than 
                30 days after the date on which the materials on which 
                comment is requested are made available, unless--
                            (i) a different deadline is established by 
                        agreement of the Federal lead agency, the 
                        project sponsor, or joint lead agency, as 
                        applicable, and all participating and 
                        cooperating agencies; or
                            (ii) the deadline is extended by the 
                        Federal lead agency for good cause.
            (3) Deadlines for decisions under other laws.--In any case 
        in which a decision under any Federal law relating to a project 
        study, including the issuance or denial of a permit or license, 
        is required to be made by the date described in subsection 
        (i)(5)(B), the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate--
                    (A) as soon as practicable after the 180-day period 
                described in subsection (i)(5)(B), an initial notice of 
                the failure of the Federal agency to make the decision; 
                and
                    (B) every 60 days thereafter until the date on 
                which all decisions of the Federal agency relating to 
                the project study have been made by the Federal agency, 
                an additional notice that describes the number of 
                decisions of the Federal agency that remain outstanding 
                as of the date of the additional notice.
            (4) Involvement of the public.--Nothing in this subsection 
        reduces any time period provided for public comment in the 
        environmental review process under applicable Federal law 
        (including regulations).
            (5) Transparency reporting.--
                    (A) Reporting requirements.--Not later than 1 year 
                after the date of enactment of this Act, the Secretary 
                shall establish and maintain an electronic database 
                and, in coordination with other Federal and State 
                agencies, issue reporting requirements to make publicly 
                available the status and progress with respect to 
                compliance with applicable requirements of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and any other Federal, State, or local approval 
                or action required for a project study for which this 
                section is applicable.
                    (B) Project study transparency.--Consistent with 
                the requirements established under subparagraph (A), 
                the Secretary shall make publicly available the status 
                and progress of any Federal, State, or local decision, 
                action, or approval required under applicable laws for 
                each project study for which this section is 
                applicable.
    (i) Issue Identification and Resolution.--
            (1) Cooperation.--The Federal lead agency, the cooperating 
        agencies, and any participating agencies shall work 
        cooperatively in accordance with this section to identify and 
        resolve issues that could delay completion of the environmental 
        review process or result in the denial of any approval required 
        for the project study under applicable laws.
            (2) Federal lead agency responsibilities.--
                    (A) In general.--The Federal lead agency shall make 
                information available to the cooperating agencies and 
                participating agencies as early as practicable in the 
                environmental review process regarding the 
                environmental and socioeconomic resources located 
                within the project area and the general locations of 
                the alternatives under consideration.
                    (B) Data sources.--The information under 
                subparagraph (A) may be based on existing data sources, 
                including geographic information systems mapping.
            (3) Cooperating and participating agency 
        responsibilities.--Based on information received from the 
        Federal lead agency, cooperating and participating agencies 
        shall identify, as early as practicable, any issues of concern 
        regarding the potential environmental or socioeconomic impacts 
        of the project, including any issues that could substantially 
        delay or prevent an agency from granting a permit or other 
        approval that is needed for the project study.
            (4) Accelerated issue resolution and elevation.--
                    (A) In general.--On the request of a participating 
                or cooperating agency or project sponsor, the Secretary 
                shall convene an issue resolution meeting with the 
                relevant participating and cooperating agencies and the 
                project sponsor or joint lead agency, as applicable, to 
                resolve issues that may--
                            (i) delay completion of the environmental 
                        review process; or
                            (ii) result in denial of any approval 
                        required for the project study under applicable 
                        laws.
                    (B) Meeting date.--A meeting requested under this 
                paragraph shall be held not later than 21 days after 
                the date on which the Secretary receives the request 
                for the meeting, unless the Secretary determines that 
                there is good cause to extend that deadline.
                    (C) Notification.--On receipt of a request for a 
                meeting under this paragraph, the Secretary shall 
                notify all relevant participating and cooperating 
                agencies of the request, including the issue to be 
                resolved and the date for the meeting.
                    (D) Elevation of issue resolution.--If a resolution 
                cannot be achieved within the 30-day period beginning 
                on the date of a meeting under this paragraph and a 
                determination is made by the Secretary that all 
                information necessary to resolve the issue has been 
                obtained, the Secretary shall forward the dispute to 
                the heads of the relevant agencies for resolution.
                    (E) Convention by secretary.--The Secretary may 
                convene an issue resolution meeting under this 
                paragraph at any time, at the discretion of the 
                Secretary, regardless of whether a meeting is requested 
                under subparagraph (A).
            (5) Financial penalty provisions.--
                    (A) In general.--A Federal jurisdictional agency 
                shall complete any required approval or decision for 
                the environmental review process on an expeditious 
                basis using the shortest existing applicable process.
                    (B) Failure to decide.--
                            (i) In general.--
                                    (I) Transfer of funds.--If a 
                                Federal jurisdictional agency fails to 
                                render a decision required under any 
                                Federal law relating to a project study 
                                that requires the preparation of an 
                                environmental impact statement or 
                                environmental assessment, including the 
                                issuance or denial of a permit, 
                                license, statement, opinion, or other 
                                approval by the date described in 
                                clause (ii), the amount of funds made 
                                available to support the office of the 
                                head of the Federal jurisdictional 
                                agency shall be reduced by an amount of 
                                funding equal to the amount specified 
                                in item (aa) or (bb) of subclause (II), 
                                and those funds shall be made available 
                                to the division of the Federal 
                                jurisdictional agency charged with 
                                rendering the decision by not later 
                                than 1 day after the applicable date 
                                under clause (ii), and once each week 
                                thereafter until a final decision is 
                                rendered, subject to subparagraph (C).
                                    (II) Amount to be transferred.--The 
                                amount referred to in subclause (I) 
                                is--
                                            (aa) $20,000 for any 
                                        project study requiring the 
                                        preparation of an environmental 
                                        assessment or environmental 
                                        impact statement; or
                                            (bb) $10,000 for any 
                                        project study requiring any 
                                        type of review under the 
                                        National Environmental Policy 
                                        Act of 1969 (42 U.S.C. 4321 et 
                                        seq.) other than an 
                                        environmental assessment or 
                                        environmental impact statement.
                            (ii) Description of date.--The date 
                        referred to in clause (i) is the later of--
                                    (I) the date that is 180 days after 
                                the date on which an application for 
                                the permit, license, or approval is 
                                complete; and
                                    (II) the date that is 180 days 
                                after the date on which the Federal 
                                lead agency issues a decision on the 
                                project under the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.).
                    (C) Limitations.--
                            (i) In general.--No transfer of funds under 
                        subparagraph (B) relating to an individual 
                        project study shall exceed, in any fiscal year, 
                        an amount equal to 1 percent of the funds made 
                        available for the applicable agency office.
                            (ii) Failure to decide.--The total amount 
                        transferred in a fiscal year as a result of a 
                        failure by an agency to make a decision by an 
                        applicable deadline shall not exceed an amount 
                        equal to 5 percent of the funds made available 
                        for the applicable agency office for that 
                        fiscal year.
                            (iii) Aggregate.--Notwithstanding any other 
                        provision of law, for each fiscal year, the 
                        aggregate amount of financial penalties 
                        assessed against each applicable agency office 
                        under this Act and any other Federal law as a 
                        result of a failure of the agency to make a 
                        decision by an applicable deadline for 
                        environmental review, including the total 
                        amount transferred under this paragraph, shall 
                        not exceed an amount equal to 9.5 percent of 
                        the funds made available for the agency office 
                        for that fiscal year.
                    (D) Notification of transfers.--Not later than 10 
                days after the last date in a fiscal year on which 
                funds of the Federal jurisdictional agency may be 
                transferred under subparagraph (B) with respect to an 
                individual decision, the agency shall submit to the 
                appropriate committees of the House of Representatives 
                and the Senate written notification that includes a 
                description of--
                            (i) the decision;
                            (ii) the project study involved;
                            (iii) the amount of each transfer under 
                        subparagraph (B) in that fiscal year relating 
                        to the decision;
                            (iv) the total amount of all transfers 
                        under subparagraph (B) in that fiscal year 
                        relating to the decision; and
                            (v) the total amount of all transfers of 
                        the agency under subparagraph (B) in that 
                        fiscal year.
                    (E) No fault of agency.--
                            (i) In general.--A transfer of funds under 
                        this paragraph shall not be made if the 
                        applicable agency described in subparagraph (A) 
                        notifies, with a supporting explanation, the 
                        Federal lead agency, cooperating agencies, and 
                        project sponsor, as applicable, that--
                                    (I) the agency has not received 
                                necessary information or approvals from 
                                another entity in a manner that affects 
                                the ability of the agency to meet any 
                                requirements under Federal, State, or 
                                local law;
                                    (II) significant new information, 
                                including from public comments, or 
                                circumstances, including a major 
                                modification to an aspect of the 
                                project, requires additional analysis 
                                for the agency to make a decision on 
                                the project application; or
                                    (III) the agency lacks the 
                                financial resources to complete the 
                                review under the scheduled timeframe, 
                                including a description of the number 
                                of full-time employees required to 
                                complete the review, the amount of 
                                funding required to complete the 
                                review, and a justification as to why 
                                not enough funding is available to 
                                complete the review by the deadline.
                            (ii) Lack of financial resources.--If the 
                        agency provides notice under clause (i)(III), 
                        the Inspector General of the agency shall--
                                    (I) conduct a financial audit to 
                                review the notice; and
                                    (II) not later than 90 days after 
                                the date on which the review described 
                                in subclause (I) is completed, submit 
                                to the Committee on Natural Resources 
                                of the House of Representatives and the 
                                Committee on Energy and Natural 
                                Resources of the Senate the results of 
                                the audit conducted under subclause 
                                (I).
                    (F) Limitation.--The Federal agency from which 
                funds are transferred pursuant to this paragraph shall 
                not reprogram funds to the office of the head of the 
                agency, or equivalent office, to reimburse that office 
                for the loss of the funds.
                    (G) Effect of paragraph.--Nothing in this paragraph 
                affects or limits the application of, or obligation to 
                comply with, any Federal, State, local, or tribal law.
    (j) Memorandum of Agreements for Early Coordination.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) the Secretary and other Federal agencies with 
                relevant jurisdiction in the environmental review 
                process should cooperate with each other, State and 
                local agencies, and Indian tribes on environmental 
                review and Bureau of Reclamation project delivery 
                activities at the earliest practicable time to avoid 
                delays and duplication of effort later in the process, 
                prevent potential conflicts, and ensure that planning 
                and project development decisions reflect environmental 
                values; and
                    (B) the cooperation referred to in subparagraph (A) 
                should include the development of policies and the 
                designation of staff that advise planning agencies and 
                project sponsors of studies or other information 
                foreseeably required for later Federal action and early 
                consultation with appropriate State and local agencies 
                and Indian tribes.
            (2) Technical assistance.--If requested at any time by a 
        State or project sponsor, the Secretary and other Federal 
        agencies with relevant jurisdiction in the environmental review 
        process, shall, to the maximum extent practicable and 
        appropriate, as determined by the agencies, provide technical 
        assistance to the State or project sponsor in carrying out 
        early coordination activities.
            (3) Memorandum of agency agreement.--If requested at any 
        time by a State or project sponsor, the Federal lead agency, in 
        consultation with other Federal agencies with relevant 
        jurisdiction in the environmental review process, may establish 
        memoranda of agreement with the project sponsor, Indian tribes, 
        State and local governments, and other appropriate entities to 
        carry out the early coordination activities, including 
        providing technical assistance in identifying potential impacts 
        and mitigation issues in an integrated fashion.
    (k) Limitations.--Nothing in this section preempts or interferes 
with--
            (1) any obligation to comply with the provisions of any 
        Federal law, including--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) any other Federal environmental law;
            (2) the reviewability of any final Federal agency action in 
        a court of the United States or in the court of any State;
            (3) any requirement for seeking, considering, or responding 
        to public comment; or
            (4) any power, jurisdiction, responsibility, duty, or 
        authority that a Federal, State, or local governmental agency, 
        Indian tribe, or project sponsor has with respect to carrying 
        out a project or any other provision of law applicable to 
        projects.
    (l) Timing of Claims.--
            (1) Timing.--
                    (A) In general.--Notwithstanding any other 
                provision of law, a claim arising under Federal law 
                seeking judicial review of a permit, license, or other 
                approval issued by a Federal agency for a project study 
                shall be barred unless the claim is filed not later 
                than 3 years after publication of a notice in the 
                Federal Register announcing that the permit, license, 
                or other approval is final pursuant to the law under 
                which the agency action is taken, unless a shorter time 
                is specified in the Federal law that allows judicial 
                review.
                    (B) Applicability.--Nothing in this subsection 
                creates a right to judicial review or places any limit 
                on filing a claim that a person has violated the terms 
                of a permit, license, or other approval.
            (2) New information.--
                    (A) In general.--The Secretary shall consider new 
                information received after the close of a comment 
                period if the information satisfies the requirements 
                for a supplemental environmental impact statement under 
                title 40, Code of Federal Regulations (or successor 
                regulations).
                    (B) Separate action.--The preparation of a 
                supplemental environmental impact statement or other 
                environmental document, if required under this section, 
                shall be considered a separate final agency action and 
                the deadline for filing a claim for judicial review of 
                the action shall be 3 years after the date of 
                publication of a notice in the Federal Register 
                announcing the action relating to such supplemental 
                environmental impact statement or other environmental 
                document.
    (m) Categorical Exclusions.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall--
                    (A) survey the use by the Bureau of Reclamation of 
                categorical exclusions in projects since 2005;
                    (B) publish a review of the survey that includes a 
                description of--
                            (i) the types of actions that were 
                        categorically excluded or could be the basis 
                        for developing a new categorical exclusion; and
                            (ii) any requests previously received by 
                        the Secretary for new categorical exclusions; 
                        and
                    (C) solicit requests from other Federal agencies 
                and project sponsors for new categorical exclusions.
            (2) New categorical exclusions.--Not later than 1 year 
        after the date of enactment of this Act, if the Secretary has 
        identified a category of activities that merit establishing a 
        categorical exclusion that did not exist on the day before the 
        date of enactment this Act based on the review under paragraph 
        (1), the Secretary shall publish a notice of proposed 
        rulemaking to propose that new categorical exclusion, to the 
        extent that the categorical exclusion meets the criteria for a 
        categorical exclusion under section 1508.4 of title 40, Code of 
        Federal Regulations (or a successor regulation).
    (n) Review of Project Acceleration Reforms.--
            (1) In general.--The Comptroller General of the United 
        States shall--
                    (A) assess the reforms carried out under this 
                section; and
                    (B) not later than 5 years and not later than 10 
                years after the date of enactment of this Act, submit 
                to the Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate a report that describes the 
                results of the assessment.
            (2) Contents.--The reports under paragraph (1) shall 
        include an evaluation of impacts of the reforms carried out 
        under this section on--
                    (A) project delivery;
                    (B) compliance with environmental laws; and
                    (C) the environmental impact of projects.
    (o) Performance Measurement.--The Secretary shall establish a 
program to measure and report on progress made toward improving and 
expediting the planning and environmental review process.
    (p) Categorical Exclusions in Emergencies.--For the repair, 
reconstruction, or rehabilitation of a Bureau of Reclamation surface 
water storage project that is in operation or under construction when 
damaged by an event or incident that results in a declaration by the 
President of a major disaster or emergency pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), the Secretary shall treat such repair, reconstruction, or 
rehabilitation activity as a class of action categorically excluded 
from the requirements relating to environmental assessments or 
environmental impact statements under section 1508.4 of title 40, Code 
of Federal Regulations (or a successor regulation), if the repair or 
reconstruction activity is--
            (1) in the same location with the same capacity, 
        dimensions, and design as the original Bureau of Reclamation 
        surface water storage project as before the declaration 
        described in this section; and
            (2) commenced within a 2-year period beginning on the date 
        of a declaration described in this subsection.

SEC. 146. ANNUAL REPORT TO CONGRESS.

    (a) Definition of Project Report.--In this section, the term 
``project report'' means a final feasibility report developed under the 
Reclamation Act of 1902 (32 Stat. 388), and all Acts amendatory thereof 
or supplementary thereto.
    (b) Reports.--Not later than February 1 of each year, the Secretary 
shall develop and submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate an annual report, to be entitled ``Report to 
Congress on Future Water Project Development'', that identifies the 
following:
            (1) Project reports.--Each project report that meets the 
        criteria established in subsection (d)(1)(A).
            (2) Proposed project studies.--Any proposed project study 
        submitted to the Secretary by a non-Federal interest pursuant 
        to subsection (c) that meets the criteria established in 
        subsection (d)(1)(A).
            (3) Proposed modifications.--Any proposed modification to 
        an authorized water project or project study that meets the 
        criteria established in subsection (d)(1)(A) that--
                    (A) is submitted to the Secretary by a non-Federal 
                interest pursuant to subsection (c); or
                    (B) is identified by the Secretary for 
                authorization.
            (4) Expedited completion of report and determinations.--Any 
        project study that was expedited and any Secretarial 
        determinations under section 144.
    (c) Requests for Proposals.--
            (1) Publication.--Not later than May 1 of each year, the 
        Secretary shall publish in the Federal Register a notice 
        requesting proposals from non-Federal interests for proposed 
        project studies and proposed modifications to authorized 
        projects and project studies to be included in the annual 
        report.
            (2) Deadline for requests.--The Secretary shall include in 
        each notice required by this subsection a requirement that non-
        Federal interests submit to the Secretary any proposals 
        described in paragraph (1) by not later than 120 days after the 
        date of publication of the notice in the Federal Register in 
        order for the proposals to be considered for inclusion in the 
        annual report.
            (3) Notification.--On the date of publication of each 
        notice required by this subsection, the Secretary shall--
                    (A) make the notice publicly available, including 
                on the Internet; and
                    (B) provide written notification of the publication 
                to the Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate.
    (d) Contents.--
            (1) Project reports, proposed project studies, and proposed 
        modifications.--
                    (A) Criteria for inclusion in report.--The 
                Secretary shall include in the annual report only those 
                project reports, proposed project studies, and proposed 
                modifications to authorized projects and project 
                studies that--
                            (i) are related to the missions and 
                        authorities of the Bureau of Reclamation;
                            (ii) require specific congressional 
                        authorization, including by an Act of Congress;
                            (iii) have not been congressionally 
                        authorized;
                            (iv) have not been included in any previous 
                        annual report; and
                            (v) if authorized, could be carried out by 
                        the Bureau of Reclamation.
                    (B) Description of benefits.--
                            (i) Description.--The Secretary shall 
                        describe in the annual report, to the extent 
                        applicable and practicable, for each proposed 
                        project study and proposed modification to an 
                        authorized water resources development project 
                        or project study included in the annual report, 
                        the benefits, as described in clause (ii), of 
                        each such study or proposed modification.
                            (ii) Benefits.--The benefits (or expected 
                        benefits, in the case of a proposed project 
                        study) described in this clause are benefits 
                        to--
                                    (I) the protection of human life 
                                and property;
                                    (II) improvement to domestic 
                                irrigated water and power supplies;
                                    (III) the national economy;
                                    (IV) the environment; or
                                    (V) the national security interests 
                                of the United States.
                    (C) Identification of other factors.--The Secretary 
                shall identify in the annual report, to the maximum 
                extent practicable--
                            (i) for each proposed project study 
                        included in the annual report, the non-Federal 
                        interest that submitted the proposed project 
                        study pursuant to subsection (c); and
                            (ii) for each proposed project study and 
                        proposed modification to a project or project 
                        study included in the annual report, whether 
                        the non-Federal interest has demonstrated--
                                    (I) that local support exists for 
                                the proposed project study or proposed 
                                modification to an authorized project 
                                or project study (including the surface 
                                water storage development project that 
                                is the subject of the proposed 
                                feasibility study or the proposed 
                                modification to an authorized project 
                                study); and
                                    (II) the financial ability to 
                                provide the required non-Federal cost 
                                share.
            (2) Transparency.--The Secretary shall include in the 
        annual report, for each project report, proposed project study, 
        and proposed modification to a project or project study 
        included under paragraph (1)(A)--
                    (A) the name of the associated non-Federal 
                interest, including the name of any non-Federal 
                interest that has contributed, or is expected to 
                contribute, a non-Federal share of the cost of--
                            (i) the project report;
                            (ii) the proposed project study;
                            (iii) the authorized project study for 
                        which the modification is proposed; or
                            (iv) construction of--
                                    (I) the project that is the subject 
                                of--
                                            (aa) the water report;
                                            (bb) the proposed project 
                                        study; or
                                            (cc) the authorized project 
                                        study for which a modification 
                                        is proposed; or
                                    (II) the proposed modification to a 
                                project;
                    (B) a letter or statement of support for the water 
                report, proposed project study, or proposed 
                modification to a project or project study from each 
                associated non-Federal interest;
                    (C) the purpose of the feasibility report, proposed 
                feasibility study, or proposed modification to a 
                project or project study;
                    (D) an estimate, to the extent practicable, of the 
                Federal, non-Federal, and total costs of--
                            (i) the proposed modification to an 
                        authorized project study; and
                            (ii) construction of--
                                    (I) the project that is the subject 
                                of--
                                            (aa) the project report; or
                                            (bb) the authorized project 
                                        study for which a modification 
                                        is proposed, with respect to 
                                        the change in costs resulting 
                                        from such modification; or
                                    (II) the proposed modification to 
                                an authorized project; and
                    (E) an estimate, to the extent practicable, of the 
                monetary and nonmonetary benefits of--
                            (i) the project that is the subject of--
                                    (I) the project report; or
                                    (II) the authorized project study 
                                for which a modification is proposed, 
                                with respect to the benefits of such 
                                modification; or
                            (ii) the proposed modification to an 
                        authorized project.
            (3) Certification.--The Secretary shall include in the 
        annual report a certification stating that each feasibility 
        report, proposed feasibility study, and proposed modification 
        to a project or project study included in the annual report 
        meets the criteria established in paragraph (1)(A).
            (4) Appendix.--The Secretary shall include in the annual 
        report an appendix listing the proposals submitted under 
        subsection (c) that were not included in the annual report 
        under paragraph (1)(A) and a description of why the Secretary 
        determined that those proposals did not meet the criteria for 
        inclusion under such paragraph.
    (e) Special Rule for Initial Annual Report.--Notwithstanding any 
other deadlines required by this section, the Secretary shall--
            (1) not later than 60 days after the date of enactment of 
        this Act, publish in the Federal Register a notice required by 
        subsection (c)(1); and
            (2) include in such notice a requirement that non-Federal 
        interests submit to the Secretary any proposals described in 
        subsection (c)(1) by not later than 120 days after the date of 
        publication of such notice in the Federal Register in order for 
        such proposals to be considered for inclusion in the first 
        annual report developed by the Secretary under this section.
    (f) Publication.--On submission of an annual report to Congress, 
the Secretary shall make the annual report publicly available, 
including through publication on the Internet.

               TITLE II--PROTECTING EXISTING WATER RIGHTS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Water Rights Protection Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means, as 
        applicable--
                    (A) the Secretary of Agriculture; or
                    (B) the Secretary of the Interior.
            (2) Water right.--The term ``water right'' means any 
        surface or groundwater right filed, permitted, certified, 
        confirmed, decreed, adjudicated, or otherwise recognized by a 
        judicial proceeding or by the State in which the user acquires 
        possession of the water or puts the water to beneficial use, 
        including water rights perfected or recognized under State law 
        for federally recognized Indian tribes.

SEC. 203. APPLICABILITY.

    This title applies to each action by the Secretary to issue, renew, 
amend, or extend any permit, approval, license, lease, allotment, 
easement, right-of-way, or other land use or occupancy agreement.

SEC. 204. PROHIBITIONS.

    In carrying out an action described in section 203, the Secretary 
shall not condition or withhold the action, in whole or in part, on--
            (1) the transfer of any State water right (including such 
        water rights of joint and sole ownership), directly or 
        indirectly, to the United States or any other designee;
            (2) the acquisition of a State water right in the name of 
        the United States;
            (3) limiting the date, time, quantity, location of 
        diversion or pumping, or place of use of a State water right 
        beyond any applicability limitations under State water law;
        <DELETED>    (4) limiting the date, time, quantity, location of 
        diversion or pumping, or place of use of a State water right 
        based on jurisdiction over groundwater resources, unless the 
        limitation imposes no greater restriction to a State water 
        right than an applicable State law governing groundwater 
        resources; or</DELETED>
            (5) the modification of the terms and conditions water 
        right beyond any applicable limitations under State water law; 
        or
            (4) the modification of the terms and conditions of 
        groundwater withdrawal, guidance and reporting procedures, and 
        conservation and source protection measures established by a 
        State.

SEC. 205. POLICY DEVELOPMENT.

    In developing any rule, policy, directive, management plan, or 
similar Federal action relating to an action described in section 203, 
the Secretary--
            (1) shall--
                    (A) recognize the longstanding authority of the 
                States relating to evaluating, protecting, allocating, 
                regulating, and adjudicating issues relating to 
                groundwater; and
                    (B) coordinate with the States to ensure that any 
                rule, policy, directive, management plan, or similar 
                Federal action is consistent with, and imposes no 
                greater restriction or regulatory requirement, than 
                applicable State groundwater law; and
            (2) shall not--
                    (A) adversely affect--
                            (i) the authority of a State in 
                        adjudicating water rights;
                            (ii) any definition established by a State 
                        with respect to the term ``beneficial use'', 
                        ``priority of water rights'', or ``terms of 
                        use''; or
                            (iii) any other right or obligation of a 
                        State established under State law; or
                    (B) assert any connection between surface and 
                groundwater that is inconsistent with such a connection 
                recognized by State water laws.

SEC. 206. EFFECT OF TITLE.

    (a) Effect on Reclamation Contracts.--Nothing in this title 
interferes with any Bureau of Reclamation contract entered into 
pursuant to the reclamation laws or any water right perfected for a 
Federal reclamation project.
    (b) Effect on Endangered Species Act.--Nothing in this title 
affects the implementation of the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.).
    (c) Effect on Federal Reserved Water Rights.--Nothing in this title 
limits or expands any reserved water right of the Federal Government on 
land administered by the Secretary.
    (d) Effect on Federal Power Act.--Nothing in this title limits or 
expands any authority under section 4(e), 10(j), or 18 of the Federal 
Power Act (16 U.S.C. 797(e), 803(j), 811).
    (e) Effect on Indian Water Rights.--Nothing in this title limits or 
expands any water right or treaty right of any federally recognized 
Indian tribe.
    (f) Effect on Federally Held State Water Rights.--Nothing in this 
title limits the ability of the Secretary to acquire, use, enforce, or 
protect a State water right owned by the United States through 
applicable State procedures.
    (g) Effect on Joint Ownership.--Nothing in this title limits the 
ability of the owner of a State water right to enter into a voluntary 
agreement with the Secretary for joint ownership of the State water 
right, subject to the condition that the joint ownership shall not be a 
condition of any action described in section 203.

TITLE III--COMPLETING AND MAINTAINING RURAL WATER SUPPLY INFRASTRUCTURE

Subtitle A--Irrigation Rehabilitation and Renovation for Indian Tribal 
                       Governments and Economies

SEC. 301. SHORT TITLE.

    This subtitle may be cited as the ``Irrigation Rehabilitation and 
Renovation for Indian Tribal Governments and Their Economies Act'' or 
the ``IRRIGATE Act''.

SEC. 302. DEFINITIONS.

    In this subtitle:
            (1) Deferred maintenance.--The term ``deferred 
        maintenance'' means any maintenance activity that was delayed 
        to a future date, in lieu of being carried out at the time at 
        which the activity was scheduled to be, or otherwise should 
        have been, carried out.
            (2) Fund.--The term ``Fund'' means the Indian Irrigation 
        Fund established by section 311.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

                     PART I--INDIAN IRRIGATION FUND

SEC. 311. ESTABLISHMENT.

    There is established in the Treasury of the United States a fund, 
to be known as the ``Indian Irrigation Fund'', consisting of--
            (1) such amounts as are deposited in the Fund under section 
        313; and
            (2) any interest earned on investment of amounts in the 
        Fund under section 315.

SEC. 312. DEPOSITS TO FUND.

    (a) In General.--For each of fiscal years 2017 through 2038, the 
Secretary of the Treasury shall deposit in the Fund $35,000,000 
$30,900,000 of the revenues that would otherwise be deposited for the 
fiscal year in the reclamation fund established by the first section of 
the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
    (b) Availability of Amounts.--Amounts deposited in the Fund under 
subsection (a) shall be used, subject to appropriation, to carry out 
this subtitle.

SEC. 313. EXPENDITURES FROM FUND.

    (a) In General.--Subject to subsection (b), for each of fiscal 
years 2017 through 2038, the Secretary may, to the extent provided in 
advance in appropriations Acts, expend from the Fund, in accordance 
with this subtitle, not more than the sum of--
            (1) $35,000,000 $30,900,000; and
            (2) the amount of interest accrued in the Fund.
    (b) Additional Expenditures.--The Secretary may expend more than 
$35,000,000 $30,900,000 for any fiscal year referred to in subsection 
(a) if the additional amounts are available in the Fund as a result of 
a failure of the Secretary to expend all of the amounts available under 
subsection (a) in one or more prior fiscal years.

SEC. 314. INVESTMENTS OF AMOUNTS.

    (a) In General.--The Secretary of the Treasury shall invest such 
portion of the Fund as is not, in the judgment of the Secretary, 
required to meet current withdrawals.
    (b) Credits to Fund.--The interest on, and the proceeds from the 
sale or redemption of, any obligations held in the Fund shall be 
credited to, and form a part of, the Fund.

SEC. 315. TRANSFERS OF AMOUNTS.

    (a) In General.--The amounts required to be transferred to the Fund 
under this part shall be transferred at least monthly from the general 
fund of the Treasury to the Fund on the basis of estimates made by the 
Secretary of the Treasury.
    (b) Adjustments.--Proper adjustment shall be made in amounts 
subsequently transferred to the extent prior estimates are in excess of 
or less than the amounts required to be transferred.

SEC. 316. TERMINATION.

    On September 30, 2038--
            (1) the Fund shall terminate; and
            (2) the unexpended and unobligated balance of the Fund 
        shall be transferred to the reclamation fund established by the 
        first section of the Act of June 17, 1902 (32 Stat. 388, 
        chapter 1093).

    PART II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN 
                          IRRIGATION PROJECTS

SEC. 321. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN 
              IRRIGATION PROJECTS.

    (a) In General.--The Secretary shall establish a program to address 
the deferred maintenance and water storage needs of Indian irrigation 
projects that--
            (1) create risks to public or employee safety or natural or 
        cultural resources; and
            (2) unduly impede the management and efficiency of the 
        Indian irrigation program.
    (b) Funding.--Consistent with section 313, the Secretary shall use 
or transfer to the Bureau of Indian Affairs not less than $35,000,000 
$30,900,000 of amounts in the Fund, plus accrued interest, for each of 
fiscal years 2017 through 2038 to carry out maintenance, repair, 
replacement, and water storage construction activities for one or more 
of the Indian irrigation projects described in section 322 (including 
any structures, facilities, equipment, personnel, or vehicles used in 
connection with the operation of those projects), subject to the 
condition that the funds expended under this part shall not be--
            (1) subject to reimbursement by the owners of the land 
        served by the Indian irrigation projects; or
            (2) assessed as debts or liens against the land served by 
        the Indian irrigation projects.

SEC. 322. ELIGIBLE PROJECTS.

    The projects eligible for funding under section 321(b) are the 
Indian irrigation projects in the western United States that, on the 
date of enactment of this Act--
            (1) are owned by the Federal Government, as listed in the 
        Federal inventory required by Executive Order 13327 (40 U.S.C. 
        121 note; relating to Federal real property asset management);
            (2) are managed and operated by the Bureau of Indian 
        Affairs (including projects managed, operated, or maintained 
        under contracts or compacts pursuant to the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.)); and
            (3) have deferred maintenance documented by the Bureau of 
        Indian Affairs.

SEC. 323. REQUIREMENTS AND CONDITIONS.

    Not later than 120 days after the date of enactment of this Act and 
as a precondition to amounts being expended from the Fund to carry out 
this part, the Secretary, in consultation with the Assistant Secretary 
for Indian Affairs and representatives of affected Indian tribes, shall 
develop and submit to Congress--
            (1) programmatic goals to carry out this part that--
                    (A) would enable the completion of repairing, 
                replacing, modernizing, or performing maintenance on 
                projects as expeditiously as possible;
                    (B) facilitate or improve the ability of the Bureau 
                of Indian Affairs to carry out the mission of the 
                Bureau of Indian Affairs in operating a project;
                    (C) ensure that the results of government-to-
                government consultation required under section 325 be 
                addressed; and
                    (D) would facilitate the construction of new water 
                storage using non-Federal contributions to address 
                tribal, regional, and watershed-level supply needs; and
            (2) funding prioritization criteria to serve as a 
        methodology for distributing funds under this part, that take 
        into account--
                    (A) the extent to which deferred maintenance of 
                qualifying irrigation projects poses a threat to public 
                or employee safety or health;
                    (B) the extent to which deferred maintenance poses 
                a threat to natural or cultural resources;
                    (C) the extent to which deferred maintenance poses 
                a threat to the ability of the Bureau of Indian Affairs 
                to carry out the mission of the Bureau of Indian 
                Affairs in operating the project;
                    (D) the extent to which repairing, replacing, 
                modernizing, or performing maintenance on a facility or 
                structure will--
                            (i) improve public or employee safety, 
                        health, or accessibility;
                            (ii) assist in compliance with codes, 
                        standards, laws, or other requirements;
                            (iii) address unmet needs; and
                            (iv) assist in protecting natural or 
                        cultural resources;
                    (E) the methodology of the rehabilitation priority 
                index of the Secretary, as in effect on the date of 
                enactment of this Act;
                    (F) the potential economic benefits of the 
                expenditures on job creation and general economic 
                development in the affected tribal communities;
                    (G) the ability of the qualifying project to 
                address tribal, regional, and watershed level water 
                supply needs; and
                    (H) such other factors as the Secretary determines 
                to be appropriate to prioritize the use of available 
                funds that are, to the fullest extent practicable, 
                consistent with tribal and user recommendations 
                received pursuant to the consultation and input process 
                under section 325.

SEC. 324. STUDY OF INDIAN IRRIGATION PROGRAM AND PROJECT MANAGEMENT.

    (a) Tribal Consultation and Other Input.--Before beginning to 
conduct the study required under subsection (b), the Secretary shall--
            (1) consult with the Indian tribes that have jurisdiction 
        over the land on which an irrigation project eligible to 
        receive funding under section 322 is located; and
            (2) solicit and consider the input, comments, and 
        recommendations of--
                    (A) the landowners served by the irrigation 
                project; and
                    (B) irrigators from adjacent irrigation districts.
    (b) Study.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of the Interior, acting through the Assistant 
Secretary for Indian Affairs, shall complete a study that evaluates 
options for improving programmatic and project management and 
performance of irrigation projects managed and operated in whole or in 
part by the Bureau of Indian Affairs.
    (c) Report.--On completion of the study under subsection (b), the 
Secretary of the Interior, acting through the Assistant Secretary for 
Indian Affairs, shall submit to the Committee on Indian Affairs of the 
Senate and the Committee on Natural Resources of the House of 
Representatives a report that--
            (1) describes the results of the study;
            (2) determines the cost to financially sustain each 
        project;
            (3) recommends whether management of each project could be 
        improved by transferring management responsibilities to other 
        Federal agencies or water user groups; and
            (4) includes recommendations for improving programmatic and 
        project management and performance--
                    (A) in each qualifying project area; and
                    (B) for the program as a whole.
    (d) Status Report.--Not later than 2 years after the date of 
enactment of this Act, and not less frequently than every 2 years 
thereafter, the Secretary of the Interior, acting through the Assistant 
Secretary for Indian Affairs, shall submit to the Committee on Indian 
Affairs of the Senate and the Committee on Natural Resources of the 
House of Representatives a report that includes a description of--
            (1) the progress made toward addressing the deferred 
        maintenance needs of the Indian irrigation projects described 
        in section 322, including a list of projects funded during the 
        fiscal period covered by the report;
            (2) the outstanding needs of those projects that have been 
        provided funding to address the deferred maintenance needs 
        pursuant to this part;
            (3) the remaining needs of any of those projects;
            (4) how the goals established pursuant to section 323 have 
        been met, including--
                    (A) an identification and assessment of any 
                deficiencies or shortfalls in meeting those goals; and
                    (B) a plan to address the deficiencies or 
                shortfalls in meeting those goals; and
            (5) any other subject matters the Secretary of the 
        Interior, to the maximum extent practicable consistent with 
        tribal and user recommendations received pursuant to the 
        consultation and input process under this section, determines 
        to be appropriate.

SEC. 325. TRIBAL CONSULTATION AND USER INPUT.

    Before expending funds on an Indian irrigation project pursuant to 
section 321 and not later than 120 days after the date of enactment of 
this Act, the Secretary shall--
            (1) consult with the Indian tribe that has jurisdiction 
        over the land on which an irrigation project eligible to 
        receive funding under section 322 is located; and
            (2) solicit and consider the input, comments, and 
        recommendations of--
                    (A) the landowners served by the irrigation 
                project; and
                    (B) irrigators from adjacent irrigation districts.

SEC. 326. ALLOCATION AMONG PROJECTS.

    (a) In General.--Subject to subsection (b), to the maximum extent 
practicable, the Secretary shall ensure that, for each of fiscal years 
2017 through 2038, each Indian irrigation project eligible for funding 
under section 322 that has critical maintenance needs receives part of 
the funding under section 321 to address critical maintenance needs.
    (b) Priority.--In allocating amounts under section 321(b), in 
addition to considering the funding priorities described in section 
323, the Secretary shall give priority to eligible Indian irrigation 
projects serving more than 1 Indian tribe within an Indian reservation 
and to projects for which funding has not been made available during 
the 10-year period ending on the day before the date of enactment of 
this Act under any other Act of Congress that expressly identifies the 
Indian irrigation project or the Indian reservation of the project to 
address the deferred maintenance, repair, or replacement needs of the 
Indian irrigation project.
    (c) Cap on Funding.--
            (1) In general.--Subject to paragraph (2), in allocating 
        amounts under section 321(b), the Secretary shall allocate not 
        more than $15,000,000 to any individual Indian irrigation 
        project described in section 322 during any consecutive 3-year 
        period.
            (2) Exception.--Notwithstanding the cap described in 
        paragraph (1), if the full amount under section 321(b) cannot 
        be fully allocated to eligible Indian irrigation projects 
        because the costs of the remaining activities authorized in 
        section 321(b) of an irrigation project would exceed the cap 
        described in paragraph (1), the Secretary may allocate the 
        remaining funds to eligible Indian irrigation projects in 
        accordance with this part.
    (d) Basis of Funding.--Any amounts made available under this 
section shall be nonreimbursable.
    (e) Applicability of ISDEAA.--The Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.) shall apply to 
activities carried out under this section.

             Subtitle B--Clean Water for Rural Communities

SEC. 331. SHORT TITLE.

    This subtitle may be cited as the ``Clean Water for Rural 
Communities Act''.

SEC. 332. PURPOSE.

    The purpose of this subtitle is to ensure a safe and adequate 
municipal, rural, and industrial water supply for the citizens of--
            (1) Dawson, Garfield, McCone, Prairie, Richland, Judith 
        Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and 
        Musselshell Counties in the State of Montana; and
            (2) McKenzie County, North Dakota.

SEC. 333. DEFINITIONS.

    In this subtitle:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Western Area Power Administration.
            (2) Authority.--The term ``Authority'' means--
                    (A) in the case of the Dry-Redwater Regional Water 
                Authority System--
                            (i) the Dry-Redwater Regional Water 
                        Authority, which is a publicly owned nonprofit 
                        water authority formed in accordance with Mont. 
                        Code Ann. Sec.  75-6-302 (2007); and
                            (ii) any nonprofit successor entity to the 
                        Authority described in clause (i); and
                    (B) in the case of the Musselshell-Judith Rural 
                Water System--
                            (i) the Central Montana Regional Water 
                        Authority, which is a publicly owned nonprofit 
                        water authority formed in accordance with Mont. 
                        Code Ann. Sec.  75-6-302 (2007); and
                            (ii) any nonprofit successor entity to the 
                        Authority described in clause (i).
            (3) Dry-redwater regional water authority system.--The term 
        ``Dry-Redwater Regional Water Authority System'' means the Dry-
        Redwater Regional Water Authority System authorized under 
        section 334(a)(1) with a project service area that includes--
                    (A) Garfield and McCone Counties in the State;
                    (B) the area west of the Yellowstone River in 
                Dawson and Richland Counties in the State;
                    (C) T. 15 N. (including the area north of the 
                Township) in Prairie County in the State; and
                    (D) the portion of McKenzie County, North Dakota, 
                that includes all land that is located west of the 
                Yellowstone River in the State of North Dakota.
            (4) Integrated system.--The term ``integrated system'' 
        means the transmission system owned by the Western Area Power 
        Administration Basin Electric Power District and the Heartland 
        Consumers Power District.
            (5) Musselshell-judith rural water system.--The term 
        ``Musselshell-Judith Rural Water System'' means the 
        Musselshell-Judith Rural Water System authorized under section 
        334(a)(2) with a project service area that includes--
                    (A) Judith Basin, Wheatland, Golden Valley, and 
                Musselshell Counties in the State;
                    (B) the portion of Yellowstone County in the State 
                within 2 miles of State Highway 3 and within 4 miles of 
                the county line between Golden Valley and Yellowstone 
                Counties in the State, inclusive of the Town of 
                Broadview, Montana; and
                    (C) the portion of Fergus County in the State 
                within 2 miles of US Highway 87 and within 4 miles of 
                the county line between Fergus and Judith Basin 
                Counties in the State, inclusive of the Town of Moore, 
                Montana.
            (6) Non-federal distribution system.--The term ``non-
        Federal distribution system'' means a non-Federal utility that 
        provides electricity to the counties covered by the Dry-
        Redwater Regional Water Authority System.
            (7) Pick-sloan program.--The term ``Pick-Sloan program'' 
        means the Pick-Sloan Missouri River Basin Program (authorized 
        by section 9 of the Act of December 22, 1944 (commonly known as 
        the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 
        665)).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) State.--The term ``State'' means the State of Montana.
            (10) Water system.--The term ``Water System'' means--
                    (A) the Dry-Redwater Regional Water Authority 
                System; and
                    (B) the Musselshell-Judith Rural Water System.

SEC. 334. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM AND MUSSELSHELL-
              JUDITH RURAL WATER SYSTEM.

    (a) In General.--The Secretary may carry out--
            (1) the project entitled the ``Dry-Redwater Regional Water 
        Authority System'' in a manner that is substantially in 
        accordance with the feasibility study entitled ``Dry-Redwater 
        Regional Water System Feasibility Study'' (including revisions 
        of the study), which received funding from the Bureau of 
        Reclamation on September 1, 2010; and
            (2) the project entitled the ``Musselshell-Judith Rural 
        Water System'' in a manner that is substantially in accordance 
        with the feasibility report entitled ``Musselshell-Judith Rural 
        Water System Feasibility Report'' (including any and all 
        revisions of the report).
    (b) Cooperative Agreement.--The Secretary shall enter into a 
cooperative agreement with the Authority to provide Federal assistance 
for the planning, design, and construction of the Water Systems.
    (c) Cost-Sharing Requirement.--
            (1) Federal share.--
                    (A) In general.--The Federal share of the costs 
                relating to the planning, design, and construction of 
                the Water Systems shall not exceed--
                            (i) in the case of the Dry-Redwater 
                        Regional Water Authority System--
                                    (I) 75 65 percent of the total cost 
                                of the Dry-Redwater Regional Water 
                                Authority System; or
                                    (II) such other lesser amount as 
                                may be determined by the Secretary, 
                                acting through the Commissioner of 
                                Reclamation, in a feasibility report; 
                                or
                            (ii) in the case of the Musselshell-Judith 
                        Rural Water System, 75 65 percent of the total 
                        cost of the Musselshell-Judith Rural Water 
                        System.
                    (B) Limitation.--Amounts made available under 
                subparagraph (A) shall not be returnable or 
                reimbursable under the reclamation laws.
            (2) Use of federal funds.--
                    (A) General uses.--Subject to subparagraphs (B) and 
                (C), the Water Systems may use Federal funds made 
                available to carry out this section for--
                            (i) facilities relating to--
                                    (I) water pumping;
                                    (II) water treatment; and
                                    (III) water storage;
                            (ii) transmission pipelines;
                            (iii) pumping stations;
                            (iv) appurtenant buildings, maintenance 
                        equipment, and access roads;
                            (v) any interconnection facility that 
                        connects a pipeline of the Water System to a 
                        pipeline of a public water system;
                            (vi) electrical power transmission and 
                        distribution facilities required for the 
                        operation and maintenance of the Water System;
                            (vii) any other facility or service 
                        required for the development of a rural water 
                        distribution system, as determined by the 
                        Secretary; and
                            (viii) any property or property right 
                        required for the construction or operation of a 
                        facility described in this subsection.
                    (B) Additional uses.--In addition to the uses 
                described in subparagraph (A)--
                            (i) the Dry-Redwater Regional Water 
                        Authority System may use Federal funds made 
                        available to carry out this section for--
                                    (I) facilities relating to water 
                                intake; and
                                    (II) distribution, pumping, and 
                                storage facilities that--
                                            (aa) serve the needs of 
                                        citizens who use public water 
                                        systems;
                                            (bb) are in existence on 
                                        the date of enactment of this 
                                        Act; and
                                            (cc) may be purchased, 
                                        improved, and repaired in 
                                        accordance with a cooperative 
                                        agreement entered into by the 
                                        Secretary under subsection (b); 
                                        and
                            (ii) the Musselshell-Judith Rural Water 
                        System may use Federal funds made available to 
                        carry out this section for--
                                    (I) facilities relating to--
                                            (aa) water supply wells; 
                                        and
                                            (bb) distribution 
                                        pipelines; and
                                    (II) control systems.
                    (C) Limitation.--Federal funds made available to 
                carry out this section shall not be used for the 
                operation, maintenance, or replacement of the Water 
                Systems.
                    (D) Title.--Title to the Water Systems shall be 
                held by the Authority.

SEC. 335. USE OF POWER FROM PICK-SLOAN PROGRAM BY DRY-REDWATER REGIONAL 
              WATER AUTHORITY SYSTEM.

    (a) Finding.--Congress finds that--
            (1) McCone and Garfield Counties in the State were 
        designated as impact counties during the period in which the 
        Fort Peck Dam was constructed; and
            (2) as a result of the designation, the Counties referred 
        to in paragraph (1) were to receive impact mitigation benefits 
        in accordance with the Pick-Sloan program.
    (b) Availability of Power.--
            (1) In general.--Subject to paragraph (2), the 
        Administrator shall make available to the Dry-Redwater Regional 
        Water Authority System a quantity of power required, of up to 
        1\1/2\ megawatt capacity, to meet the pumping and incidental 
        operation requirements of the Dry-Redwater Regional Water 
        Authority System during the period beginning on May 1 and 
        ending on October 31 of each year--
                    (A) from the water intake facilities; and
                    (B) through all pumping stations, water treatment 
                facilities, reservoirs, storage tanks, and pipelines up 
                to the point of delivery of water by the water supply 
                system to all storage reservoirs and tanks and each 
                entity that distributes water at retail to individual 
                users.
            (2) Eligibility.--The Dry-Redwater Regional Water Authority 
        System shall be eligible to receive power under paragraph (1) 
        if the Dry-Redwater Regional Water Authority System--
                    (A) operates on a not-for-profit basis; and
                    (B) is constructed pursuant to a cooperative 
                agreement entered into by the Secretary under section 
                334(b).
            (3) Rate.--The Administrator shall establish the cost of 
        the power described in paragraph (1) at the firm power rate.
            (4) Additional power.--
                    (A) In general.--If power, in addition to that made 
                available to the Dry-Redwater Regional Water Authority 
                System under paragraph (1), is necessary to meet the 
                pumping requirements of the Dry-Redwater Regional Water 
                Authority, the Administrator may purchase the necessary 
                additional power at the best available rate.
                    (B) Reimbursement.--The cost of purchasing 
                additional power shall be reimbursed to the 
                Administrator by the Dry-Redwater Regional Water 
                Authority.
            (5) Responsibility for power charges.--The Dry-Redwater 
        Regional Water Authority shall be responsible for the payment 
        of the power charge described in paragraph (4) and non-Federal 
        delivery costs described in paragraph (6).
            (6) Transmission arrangements.--
                    (A) In general.--The Dry-Redwater Regional Water 
                Authority System shall be responsible for all non-
                Federal transmission and distribution system delivery 
                and service arrangements.
                    (B) Upgrades.--The Dry-Redwater Regional Water 
                Authority System shall be responsible for funding any 
                transmission upgrades, if required, to the integrated 
                system necessary to deliver power to the Dry-Redwater 
                Regional Water Authority System.

SEC. 336. WATER RIGHTS.

    Nothing in this subtitle--
            (1) preempts or affects any State water law; or
            (2) affects any authority of a State, as in effect on the 
        date of enactment of this Act, to manage water resources within 
        that State.

SEC. 337. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out the planning, design, and construction of 
the Water Systems, substantially in accordance with the cost estimate 
set forth in the applicable feasibility study or feasibility report 
described in section 334(a).
    (b) Cost Indexing.--
            (1) In general.--The amount authorized to be appropriated 
        under subsection (a) may be increased or decreased in 
        accordance with ordinary fluctuations in development costs 
        incurred after the applicable date specified in paragraph (2), 
        as indicated by any available engineering cost indices 
        applicable to construction activities that are similar to the 
        construction of the Water Systems.
            (2) Applicable dates.--The date referred to in paragraph 
        (1) is--
                    (A) in the case of the Dry-Redwater Regional Water 
                Authority System, January 1, 2008; and
                    (B) in the case of the Musselshell-Judith Rural 
                Water Authority System, November 1, 2014.

                            TITLE IV--OFFSET

SEC. 401. ACCELERATED REVENUE, REPAYMENT, AND SURFACE WATER STORAGE 
              ENHANCEMENT.

    (a) Short Title.--This section may be cited as the ``Accelerated 
Revenue, Repayment, and Surface Water Storage Enhancement Act''.
    (b) Definitions.--In this section:
            (1) Construction.--
                    (A) In general.--The term ``construction'' means 
                the designing, materials engineering and testing, 
                surveying, and building of surface water storage.
                    (B) Inclusions.--The term ``construction'' 
                includes--
                            (i) any addition to existing surface water 
                        storage; and
                            (ii) construction of a new surface water 
                        storage facility.
                    (C) Exclusions.--The term ``construction'' excludes 
                any Federal statutory or regulatory obligation relating 
                to any permit, review, approval, or other similar 
                requirement.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Surface water storage.--The term ``surface water 
        storage'' means storage at--
                    (A) any federally owned facility under the 
                jurisdiction of the Bureau of Reclamation; or
                    (B) any non-Federal facility used for the surface 
                storage and supply of water resources.
            (4) Treasury rate.--The term ``Treasury rate'' means the 
        20-year constant maturity treasury rate published by the United 
        States Treasury, as in existence on the effective date of the 
        applicable contract.
            (5) Water users association.--
                    (A) In general.--The term ``water users 
                association'' means an entity organized and recognized 
                under State law that is eligible to enter into 
                contracts with the Commissioner--
                            (i) to receive contract water for delivery 
                        to users of the water; and
                            (ii) to pay any applicable charges.
                    (B) Inclusions.--The term ``water users 
                association'' includes--
                            (i) an association;
                            (ii) a conservatory district;
                            (iii) an irrigation district;
                            (iv) a municipality; and
                            (v) a water project contract unit.
    (c) Conversion and Prepayment of Contracts.--
            (1) Conversion.--
                    (A) In general.--On receipt of a request from a 
                water users association, the Secretary shall convert 
                any water service contract between the United States 
                and the water users association to allow for prepayment 
                of the repayment contract in accordance with this 
                paragraph under mutually agreeable terms and 
                conditions.
                    (B) Manner.--The manner of conversion under this 
                paragraph shall be as follows:
                            (i) Water service contracts entered under 
                        section 9(c)(2) of the Act of August 4, 1939 
                        (53 Stat. 1194, chapter 418), to be converted 
                        under this section shall be converted to a 
                        contract under section 9(c)(1) of that Act (53 
                        Stat. 1194, chapter 418).
                            (ii) Water service contracts entered into 
                        under section 9(e) of the Act of August 4, 1939 
                        (53 Stat. 1196, chapter 418), to be converted 
                        under this section shall be converted to 
                        repayment contracts under section 9(d) of that 
                        Act (53 Stat. 1195, chapter 418).
            (2) Prepayment.--
                    (A) Section 9(c)(1).--Except for a repayment 
                contract under which the applicable water users 
                association has previously negotiated for prepayment, 
                each repayment contract under section 9(c)(1) of the 
                Act of August 4, 1939 (53 Stat. 1194, chapter 418) 
                (including any contract converted pursuant to paragraph 
                (1)(B)(i)), in effect on the date of enactment of this 
                Act shall, at the request of the water users 
                association--
                            (i) provide for the repayment in lump sum 
                        of the remaining construction costs identified 
                        in an applicable water project-specific 
                        municipal or industrial rate repayment schedule 
                        (as adjusted to reflect payment not reflected 
                        in the schedule) and properly assignable for 
                        ultimate return by the water users association, 
                        subject to the condition that an estimate of 
                        the remaining construction costs, as adjusted, 
                        shall be provided by the Secretary to the water 
                        users association by not later than 90 days 
                        after the date of receipt of the request of the 
                        water users association;
                            (ii) require that any construction costs or 
                        other capitalized costs that were incurred 
                        after the effective date of the contract, were 
                        not reflected in the rate schedule referred to 
                        in clause (i), or were not properly assignable 
                        to the water users association, and were 
                        incurred as a result of a collective annual 
                        allocation of capital costs to the water users 
                        association electing contract conversion under 
                        this subsection, shall be repaid--
                                    (I) for costs equal to less than 
                                $5,000,000, by not later than the date 
                                that is 5 years after the date of 
                                notification of the allocation; or
                                    (II) for costs equal to $5,000,000 
                                or more, in accordance with applicable 
                                reclamation laws; and
                            (iii) continue in effect for the period 
                        during which the water users association pays 
                        applicable charges in accordance with section 
                        9(c)(1) of the Act of August 4, 1939 (53 Stat. 
                        1194, chapter 418), and other applicable law.
                    (B) Section 9(d).--Except for a repayment contract 
                under which the applicable water users association has 
                previously negotiated for prepayment, each repayment 
                contract under section 9(d) of the Act of August 4, 
                1939 (53 Stat. 1195, chapter 418) (including any 
                contract converted pursuant to paragraph (1)(B)(ii)), 
                in effect on the date of enactment of this Act shall, 
                at the request of the water users association--
                            (i) provide for repayment of the remaining 
                        construction costs identified in an applicable 
                        water project-specific irrigation rate 
                        repayment schedule (as adjusted to reflect 
                        payment not reflected in the schedule) and 
                        properly assignable for ultimate return by the 
                        water users association in lump sum, by 
                        accelerated prepayment, or if made in 
                        approximately equal installments, by not later 
                        than 3 years after the effective date of the 
                        repayment contract, subject to the conditions 
                        that--
                                    (I) the amount shall be discounted 
                                by \1/2\ the Treasury rate; and
                                    (II) the estimate of the remaining 
                                construction costs, as adjusted, shall 
                                be provided by the Secretary to the 
                                water users association by not later 
                                than 90 days after the date of receipt 
                                of the request of the water users 
                                association;
                            (ii) require that any construction costs or 
                        other capitalized costs that were incurred 
                        after the effective date of the contract, were 
                        not reflected in the rate schedule referred to 
                        in clause (i), or were not properly assignable 
                        to the water users association, and were 
                        incurred as a result of a collective annual 
                        allocation of capital costs to the water users 
                        association electing contract conversion under 
                        this subsection, shall be repaid--
                                    (I) for costs equal to less than 
                                $5,000,000, by not later than the date 
                                that is 5 years after the date of 
                                notification of the allocation; or
                                    (II) for costs equal to $5,000,000 
                                or more, in accordance with applicable 
                                reclamation laws;
                            (iii) provide that power revenues will not 
                        be available to aid in repayment of 
                        construction costs allocated to irrigation 
                        under the contract; and
                            (iv) continue in effect for the period 
                        during which the water users association pays 
                        applicable charges in accordance with section 
                        9(d) of the Act of August 4, 1939 (53 Stat. 
                        1195, chapter 418), and other applicable law.
            (3) Treatment.--A contract entered into pursuant to this 
        subsection--
                    (A) shall not be adjusted on the basis of the type 
                of prepayment financing used by the applicable water 
                users association;
                    (B) shall conform to any other applicable 
                agreement, such as a settlement agreement or a new 
                constructed appurtenant facility agreement; and
                    (C) shall not modify any other--
                            (i) water service, repayment, exchange, or 
                        transfer contractual right between the water 
                        users association, and the Bureau of 
                        Reclamation; or
                            (ii) right, obligation, or relationship of 
                        the water users association and an applicable 
                        landowner in accordance with State law.
    (d) Accounting.--
            (1) Adjustment.--The amounts paid pursuant to subsection 
        (c) shall be subject to adjustment following a final cost 
        allocation by the Secretary.
            (2) Deficiencies.--
                    (A) In general.--If the final cost allocation under 
                paragraph (1) indicates that the costs properly 
                assignable to a water users association are greater 
                than the costs paid by the water users association, the 
                water users association shall be obligated to pay to 
                the Secretary the remaining allocated costs under an 
                additional repayment contract under subparagraph (B).
                    (B) Additional repayment contracts.--An additional 
                repayment contract required by subparagraph (A) shall--
                            (i) have a term of--
                                    (I) not less than 1 year; and
                                    (II) not more than 10 years; and
                            (ii) include such mutually agreeable 
                        provisions regarding the rate of repayment of 
                        the deficient amount as may be developed by the 
                        parties.
            (3) Overpayments.--If the final cost allocation under 
        paragraph (1) indicates that the costs properly assignable to a 
        water users association are less than the costs paid by the 
        water users association, the Secretary shall credit the amount 
        of the overpayment as an offset against any outstanding or 
        future obligation of the water users association with the 
        exception of Restoration Fund charges pursuant to section 
        3407(d) of Public Law 102-575 (106 Stat. 4727).
    (e) Applicability of Certain Provisions.--
            (1) Effect of existing law.--On compliance by a water users 
        association with, and discharge of the obligation of repayment 
        of the construction costs pursuant to, a contract entered into 
        under to subsection (c)(2)(B), subsections (a) and (b) of 
        section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 
        390mm) shall apply to any affected land.
            (2) Effect of other obligations.--The obligation of a water 
        users association to repay any construction costs or other 
        capitalized cost described in subparagraph (A)(ii) or (B)(ii) 
        of subsection (c)(2), or subsection (d), shall not, on 
        repayment, affect--
                    (A) the status of the water users association as 
                having repaid all of the construction costs assignable 
                to the water users association; or
                    (B) the applicability of subsection (a) or (b) of 
                section 213 of the Reclamation Reform Act of 1982 (43 
                U.S.C. 390mm).
    (f) Effect of Section.--Nothing in this section--
            (1) alters the repayment obligation of any water service or 
        repayment contractor receiving water from a water project, or 
        shifts any costs that would otherwise have been properly 
        assignable to a water users association described in subsection 
        (c) or another contractor, absent this section, including 
        operation and maintenance costs, construction costs, or other 
        capitalized costs incurred after the date of enactment of this 
        Act;
            (2) alters any specific requirement for the disposition of 
        amounts received as repayments by the Secretary under the 
        reclamation laws; or
            (3) except as expressly provided in this section, alters 
        any obligations under the reclamation law, including the 
        continuation of Restoration Fund charges pursuant to section 
        3407(d) of Public Law 102-575 (106 Stat. 4727), of the water 
        service and repayment contractors making prepayments pursuant 
        to this section.
                                                       Calendar No. 631

114th CONGRESS

  2d Session

                                S. 2902

                          [Report No. 114-353]

_______________________________________________________________________

                                 A BILL

To provide for long-term water supplies, optimal use of existing water 
    supply infrastructure, and protection of existing water rights.

_______________________________________________________________________

                           September 15, 2016

                        Reported with amendments