[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 23 Engrossed in House (EH)]

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115th CONGRESS
  1st Session
                                 H. R. 23

_______________________________________________________________________

                                 AN ACT


 
  To provide drought relief in the State of California, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gaining Responsibility on Water Act 
of 2017''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
           TITLE I--CENTRAL VALLEY PROJECT WATER RELIABILITY

Sec. 101. Amendment to purposes.
Sec. 102. Amendment to definition.
Sec. 103. Contracts.
Sec. 104. Water transfers, improved water management, and conservation.
Sec. 105. Fish, wildlife, and habitat restoration.
Sec. 106. Restoration fund.
Sec. 107. Additional authorities.
Sec. 108. Bay-Delta Accord.
Sec. 109. Natural and artificially spawned species.
Sec. 110. Regulatory streamlining.
Sec. 111. Additional emergency consultation.
Sec. 112. Applicants.
Sec. 113. San Joaquin River settlement.
              TITLE II--CALFED STORAGE FEASIBILITY STUDIES

Sec. 201. Studies.
Sec. 202. Temperance Flat.
Sec. 203. Water storage project construction.
Sec. 204. Geophysical survey.
Sec. 205. Headwater-Restoration Scoping Study.
                  TITLE III--WATER RIGHTS PROTECTIONS

Sec. 301. Offset for State Water Project.
Sec. 302. Area of origin protections.
Sec. 303. No redirected adverse impacts.
Sec. 304. Allocations for Sacramento Valley contractors.
Sec. 305. Effect on existing obligations.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Water supply accounting.
Sec. 402. Operations of the Trinity River Division.
Sec. 403. Report on results of water usage.
Sec. 404. Klamath project consultation applicants.
Sec. 405. CA State Water Resources Control Board.
Sec. 406. New melones reservoir.
Sec. 407. Actions to benefit threatened and endangered species and 
                            other wildlife.
Sec. 408. Non-federal program to protect native anadromous fish in 
                            stanislaus river.
                  TITLE V--WATER SUPPLY PERMITTING ACT

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Establishment of lead agency and cooperating agencies.
Sec. 504. Bureau responsibilities.
Sec. 505. Cooperating agency responsibilities.
Sec. 506. Funding to process permits.
          TITLE VI--BUREAU OF RECLAMATION PROJECT STREAMLINING

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Acceleration of studies.
Sec. 604. Expedited completion of reports.
Sec. 605. Project acceleration.
Sec. 606. Annual report to Congress.
Sec. 607. Applicability of WIIN Act.
                   TITLE VII--WATER RIGHTS PROTECTION

Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Treatment of water rights.
Sec. 704. Policy development.
Sec. 705. Effect.

           TITLE I--CENTRAL VALLEY PROJECT WATER RELIABILITY

SEC. 101. AMENDMENT TO PURPOSES.

    Section 3402 of the Central Valley Project Improvement Act (106 
Stat. 4706) is amended--
            (1) in subsection (f), by striking the period at the end; 
        and
            (2) by adding at the end the following:
    ``(g) to ensure that water dedicated to fish and wildlife purposes 
by this part is replaced and provided to Central Valley Project water 
contractors by December 31, 2018, at the lowest cost reasonably 
achievable; and
    ``(h) to facilitate and expedite water transfers in accordance with 
this Act.''.

SEC. 102. AMENDMENT TO DEFINITION.

    Section 3403 of the Central Valley Project Improvement Act (106 
Stat. 4707) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) the term `anadromous fish' means those native stocks of 
salmon (including steelhead) and sturgeon that, as of October 30, 1992, 
were present in the Sacramento and San Joaquin Rivers and their 
tributaries and ascend those rivers and their tributaries to reproduce 
after maturing in San Francisco Bay or the Pacific Ocean;'';
            (2) in subsection (l), by striking ``and,'';
            (3) in subsection (m), by striking the period and inserting 
        ``; and''; and
            (4) by adding at the end the following:
    ``(n) the term `reasonable flows' means water flows capable of 
being maintained taking into account competing consumptive uses of 
water and economic, environmental, and social factors.''.

SEC. 103. CONTRACTS.

    Section 3404 of the Central Valley Project Improvement Act (106 
Stat. 4708) is amended--
            (1) in the heading, by striking ``limitation on contracting 
        and contract reform'' and inserting ``contracts''; and
            (2) by striking the language of the section and by adding:
    ``(a) Renewal of Existing Long-Term Contracts.--Upon request of the 
contractor, the Secretary shall renew any existing long-term repayment 
or water service contract that provides for the delivery of water from 
the Central Valley Project for a period of 40 years.
    ``(b) Administration of Contracts.--Except as expressly provided by 
this Act, any existing long-term repayment or water service contract 
for the delivery of water from the Central Valley Project shall be 
administered pursuant to the Act of July 2, 1956 (70 Stat. 483).
    ``(c) Delivery Charge.--Beginning on the date of the enactment of 
this Act, a contract entered into or renewed pursuant to this section 
shall include a provision that requires the Secretary to charge the 
other party to such contract only for water actually delivered by the 
Secretary.''.

SEC. 104. WATER TRANSFERS, IMPROVED WATER MANAGEMENT, AND CONSERVATION.

    Section 3405 of the Central Valley Project Improvement Act (106 
Stat. 4709) is amended as follows:
            (1) In subsection (a)--
                    (A) by inserting before ``Except as provided 
                herein'' the following: ``The Secretary shall take all 
                necessary actions to facilitate and expedite transfers 
                of Central Valley Project water in accordance with this 
                Act or any other provision of Federal reclamation law 
                and the National Environmental Policy Act of 1969.'';
                    (B) in paragraph (1)(A), by striking ``to 
                combination'' and inserting ``or combination'';
                    (C) in paragraph (2), by adding at the end the 
                following:
                    ``(E) The contracting district from which the water 
                is coming, the agency, or the Secretary shall determine 
                if a written transfer proposal is complete within 45 
                days after the date of submission of such proposal. If 
                such district or agency or the Secretary determines 
                that such proposal is incomplete, such district or 
                agency or the Secretary shall state with specificity 
                what must be added to or revised in order for such 
                proposal to be complete.
                    ``(F) Except as provided in this section, the 
                Secretary shall not impose mitigation or other 
                requirements on a proposed transfer, but the 
                contracting district from which the water is coming or 
                the agency shall retain all authority under State law 
                to approve or condition a proposed transfer.''; and
                    (D) by adding at the end the following:
            ``(4) Notwithstanding any other provision of Federal 
        reclamation law--
                    ``(A) the authority to make transfers or exchanges 
                of, or banking or recharge arrangements using, Central 
                Valley Project water that could have been conducted 
                before October 30, 1992, is valid, and such transfers, 
                exchanges, or arrangements shall not be subject to, 
                limited, or conditioned by this title; and
                    ``(B) this title shall not supersede or revoke the 
                authority to transfer, exchange, bank, or recharge 
                Central Valley Project water that existed prior to 
                October 30, 1992.''.
            (2) In subsection (b)--
                    (A) in the heading, by striking ``Metering'' and 
                inserting ``Measurement''; and
                    (B) by inserting after the first sentence the 
                following: ``The contracting district or agency, not 
                including contracting districts serving multiple 
                agencies with separate governing boards, shall ensure 
                that all contractor-owned water delivery systems within 
                its boundaries measure surface water at the district or 
                agency's facilities up to the point the surface water 
                is commingled with other water supplies.''.
            (3) By striking subsection (d).
            (4) By redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively.
            (5) By amending subsection (e) (as redesignated by 
        paragraph (4))--
                    (A) by striking ``as a result of the increased 
                repayment'' and inserting ``that exceed the cost-of-
                service'';
                    (B) by inserting ``the delivery of'' after ``rates 
                applicable to''; and
                    (C) by striking ``, and all increased revenues 
                received by the Secretary as a result of the increased 
                water prices established under subsection 3405(d) of 
                this section,''.

SEC. 105. FISH, WILDLIFE, AND HABITAT RESTORATION.

    Section 3406 of the Central Valley Project Improvement Act (106 
Stat. 4714) is amended as follows:
            (1) In subsection (b)--
                    (A) in paragraph (1)(B)--
                            (i) by striking ``is authorized and 
                        directed to'' and inserting ``may'';
                            (ii) by inserting ``reasonable water'' 
                        after ``to provide'';
                            (iii) by striking ``anadromous fish, except 
                        that such'' and inserting ``anadromous fish. 
                        Such'';
                            (iv) by striking ``Instream flow'' and 
                        inserting ``Reasonable instream flow'';
                            (v) by inserting ``and the National Marine 
                        Fisheries Service'' after ``United States Fish 
                        and Wildlife Service''; and
                            (vi) by striking ``California Department of 
                        Fish and Game'' and inserting ``United States 
                        Geological Survey'';
                    (B) in paragraph (2)--
                            (i) by striking ``primary purpose'' and 
                        inserting ``purposes'';
                            (ii) by striking ``but not limited to'' 
                        before ``additional obligations''; and
                            (iii) by adding after the period the 
                        following: ``All Central Valley Project water 
                        used for the purposes specified in this 
                        paragraph shall be credited to the quantity of 
                        Central Valley Project yield dedicated and 
                        managed under this paragraph by determining how 
                        the dedication and management of such water 
                        would affect the delivery capability of the 
                        Central Valley Project during the 1928 to 1934 
                        drought period after fishery, water quality, 
                        and other flow and operational requirements 
                        imposed by terms and conditions existing in 
                        licenses, permits, and other agreements 
                        pertaining to the Central Valley Project under 
                        applicable State or Federal law existing on 
                        October 30, 1992, have been met. To the fullest 
                        extent possible and in accordance with section 
                        3411, Central Valley Project water dedicated 
                        and managed pursuant to this paragraph shall be 
                        reused to fulfill the Secretary's remaining 
                        contractual obligations to provide Central 
                        Valley Project water for agricultural or 
                        municipal and industrial purposes.''; and
                    (C) by amending paragraph (2)(C) to read:
                    ``(C) If by March 15th of any year the quantity of 
                Central Valley Project water forecasted to be made 
                available to water service or repayment contractors in 
                the Delta Division of the Central Valley Project is 
                below 75 percent of the total quantity of water to be 
                made available under said contracts, the quantity of 
                Central Valley Project yield dedicated and managed for 
                that year under this paragraph shall be reduced by 25 
                percent.''.
            (2) By adding at the end the following:
                            ``(i) Satisfaction of purposes.--By 
                        pursuing the activities described in this 
                        section, the Secretary shall be deemed to have 
                        met the mitigation, protection, restoration, 
                        and enhancement purposes of this title.''.

SEC. 106. RESTORATION FUND.

    (a) In General.--Section 3407(a) of the Central Valley Project 
Improvement Act (106 Stat. 4726) is amended as follows:
            (1) By inserting ``(1) In general.--'' before ``There is 
        hereby''.
            (2) By striking ``Not less than 67 percent'' and all that 
        follows through ``Monies'' and inserting ``Monies''.
            (3) By adding at the end the following:
    ``(2) Prohibitions.--The Secretary may not directly or indirectly 
require a donation or other payment to the Restoration Fund--
            ``(A) or environmental restoration or mitigation fees not 
        otherwise provided by law, as a condition to--
                    ``(i) providing for the storage or conveyance of 
                non-Central Valley Project water pursuant to Federal 
                reclamation laws; or
                    ``(ii) the delivery of water pursuant to section 
                215 of the Reclamation Reform Act of 1982 (Public Law 
                97-293; 96 Stat. 1270); or
            ``(B) for any water that is delivered with the sole intent 
        of groundwater recharge.''.
    (b) Certain Payments.--Section 3407(c)(1) of the Central Valley 
Project Improvement Act is amended--
            (1) by striking ``mitigation and restoration'';
            (2) by striking ``provided for or''; and
            (3) by striking ``of fish, wildlife'' and all that follows 
        through the period and inserting ``of carrying out all 
        activities described in this title.''.
    (c) Adjustment and Assessment of Mitigation and Restoration 
Payments.--Section 3407(d)(2) of the Central Valley Project Improvement 
Act is amended by inserting ``, or after October 1, 2016, $4 per 
megawatt-hour for Central Valley Project power sold to power 
contractors (October 2016 price levels)'' after ``$12 per acre-foot 
(October 1992 price levels) for municipal and industrial water sold and 
delivered by the Central Valley Project''.
    (d) Completion of Actions.--Section 3407(d)(2)(A) of the Central 
Valley Project Improvement Act is amended by inserting ``no later than 
December 31, 2020,'' after ``That upon the completion of the fish, 
wildlife, and habitat mitigation and restoration actions mandated under 
section 3406 of this title,''.
    (e) Report; Advisory Board.--Section 3407 of the Central Valley 
Project Improvement Act (106 Stat. 4714) is amended by adding at the 
end the following:
    ``(g) Report on Expenditure of Funds.--At the end of each fiscal 
year, the Secretary, in consultation with the Restoration Fund Advisory 
Board, shall submit to Congress a plan for the expenditure of all of 
the funds deposited into the Restoration Fund during the preceding 
fiscal year. Such plan shall contain a cost-effectiveness analysis of 
each expenditure.
    ``(h) Advisory Board.--
            ``(1) Establishment.--There is hereby established the 
        Restoration Fund Advisory Board (hereinafter in this section 
        referred to as the `Advisory Board') composed of 12 members 
        selected by the Secretary, each for four-year terms, one of 
        whom shall be designated by the Secretary as Chairman. The 
        members shall be selected so as to represent the various 
        Central Valley Project stakeholders, four of whom shall be from 
        CVP agricultural users, three from CVP municipal and industrial 
        users, three from CVP power contractors, and two at the 
        discretion of the Secretary. The Secretary and the Secretary of 
        Commerce may each designate a representative to act as an 
        observer of the Advisory Board.
            ``(2) Duties.--The duties of the Advisory Board are as 
        follows:
                    ``(A) To meet at least semiannually to develop and 
                make recommendations to the Secretary regarding 
                priorities and spending levels on projects and programs 
                carried out pursuant to the Central Valley Project 
                Improvement Act.
                    ``(B) To ensure that any advice or recommendation 
                made by the Advisory Board to the Secretary reflect the 
                independent judgment of the Advisory Board.
                    ``(C) Not later than December 31, 2018, and 
                annually thereafter, to transmit to the Secretary and 
                Congress recommendations required under subparagraph 
                (A).
                    ``(D) Not later than December 31, 2018, and 
                biennially thereafter, to transmit to Congress a report 
                that details the progress made in achieving the actions 
                mandated under section 3406.
            ``(3) Administration.--With the consent of the appropriate 
        agency head, the Advisory Board may use the facilities and 
        services of any Federal agency.''.

SEC. 107. ADDITIONAL AUTHORITIES.

    (a) Authority for Certain Activities.--Section 3408(c) of the 
Central Valley Project Improvement Act (106 Stat. 4728) is amended to 
read as follows:
    ``(c) Contracts for Additional Storage and Delivery of Water.--
            ``(1) In general.--The Secretary is authorized to enter 
        into contracts pursuant to Federal reclamation law and this 
        title with any Federal agency, California water user or water 
        agency, State agency, or private organization for the exchange, 
        impoundment, storage, carriage, and delivery of nonproject 
        water for domestic, municipal, industrial, fish and wildlife, 
        and any other beneficial purpose.
            ``(2) Limitation.--Nothing in this subsection shall be 
        deemed to supersede the provisions of section 103 of Public Law 
        99-546 (100 Stat. 3051).
            ``(3) Authority for certain activities.--The Secretary 
        shall use the authority granted by this subsection in 
        connection with requests to exchange, impound, store, carry, or 
        deliver nonproject water using Central Valley Project 
        facilities for any beneficial purpose.
            ``(4) Rates.--The Secretary shall develop rates not to 
        exceed the amount required to recover the reasonable costs 
        incurred by the Secretary in connection with a beneficial 
        purpose under this subsection. Such rates shall be charged to a 
        party using Central Valley Project facilities for such purpose. 
        Such costs shall not include any donation or other payment to 
        the Restoration Fund.
            ``(5) Construction.--This subsection shall be construed and 
        implemented to facilitate and encourage the use of Central 
        Valley Project facilities to exchange, impound, store, carry, 
        or deliver nonproject water for any beneficial purpose.''.
    (b) Reporting Requirements.--Section 3408(f) of the Central Valley 
Project Improvement Act (106 Stat. 4729) is amended--
            (1) by striking ``Interior and Insular Affairs and the 
        Committee on Merchant Marine and Fisheries'' and inserting 
        ``Natural Resources'';
            (2) in the second sentence, by inserting before the period 
        at the end the following: ``, including progress on the plan 
        required by subsection (j)''; and
            (3) by adding at the end the following: ``The filing and 
        adequacy of such report shall be personally certified to the 
        committees referenced above by the Regional Director of the 
        Mid-Pacific Region of the Bureau of Reclamation.''.
    (c) Project Yield Increase.--Section 3408(j) of the Central Valley 
Project Improvement Act (106 Stat. 4730) is amended as follows:
            (1) By redesignating paragraphs (1) through (7) as 
        subparagraphs (A) through (G), respectively.
            (2) By striking ``In order to minimize adverse effects, if 
        any, upon'' and inserting ``(1) In general.--In order to 
        minimize adverse effects upon''.
            (3) By striking ``needs, the Secretary,'' and all that 
        follows through ``submit to the Congress, a'' and inserting 
        ``needs, the Secretary, on a priority basis and not later than 
        September 30, 2018, shall submit to Congress a''.
            (4) By striking ``increase,'' and all that follows through 
        ``options:'' and inserting ``increase, as soon as possible but 
        not later than September 30, 2017 (except for the construction 
        of new facilities which shall not be limited by that deadline), 
        the water of the Central Valley Project by the amount dedicated 
        and managed for fish and wildlife purposes under this title and 
        otherwise required to meet the purposes of the Central Valley 
        Project including satisfying contractual obligations. The plan 
        required by this subsection shall include recommendations on 
        appropriate cost-sharing arrangements and authorizing 
        legislation or other measures needed to implement the intent, 
        purposes, and provisions of this subsection and a description 
        of how the Secretary intends to use the following options--''.
            (5) In subparagraph (A), by inserting ``and construction of 
        new water storage facilities'' before the semicolon.
            (6) In subparagraph (F), by striking ``and'' at the end.
            (7) In subparagraph (G), by striking the period and all 
        that follows through the end of the subsection and inserting 
        ``; and''.
            (8) By inserting after subparagraph (G) the following:
            ``(H) Water banking and recharge.''.
            (9) By adding at the end the following:
            ``(2) Implementation of plan.--The Secretary shall 
        implement the plan required by paragraph (1) commencing on 
        October 1, 2017. In order to carry out this subsection, the 
        Secretary shall coordinate with the State of California in 
        implementing measures for the long-term resolution of problems 
        in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary.
            ``(3) Failure of the plan.--Notwithstanding any other 
        provision of Federal reclamation law, if by September 30, 2018, 
        the plan required by paragraph (1) fails to increase the annual 
        delivery capability of the Central Valley Project by 800,000 
        acre-feet, implementation of any non-mandatory action under 
        section 3406(b)(2) shall be suspended until the plan achieves 
        an increase in the annual delivery capability of the Central 
        Valley Project by 800,000 acre-feet.''.
    (d) Technical Correction.--Section 3408(h) of the Central Valley 
Project Improvement Act (106 Stat. 4729) is amended--
            (1) in paragraph (1), by striking ``paragraph (h)(2)'' and 
        inserting ``paragraph (2)''; and
            (2) in paragraph (2), by striking ``paragraph (h)(i)'' and 
        inserting ``paragraph (1)''.
    (e) Water Storage Project Construction.--The Secretary, acting 
through the Commissioner of the Bureau of Reclamation, may partner or 
enter into an agreement on the water storage projects identified in 
section 103(d)(1) of the Water Supply Reliability, and Environmental 
Improvement Act (Public Law 108-361) (and Acts supplemental and 
amendatory to the Act) with local joint powers authorities formed 
pursuant to State law by irrigation districts and other local water 
districts and local governments within the applicable hydrologic 
region, to advance these projects. No additional Federal funds are 
authorized for the activities authorized in sections 103(d)(1)(A)(i), 
103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of Public Law 108-361. However, 
each water storage project under sections 103(d)(1)(A)(i), 
103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of Public Law 108-361 is 
authorized for construction if non-Federal funds are used for financing 
and constructing the project.

SEC. 108. BAY-DELTA ACCORD.

    (a) Congressional Direction Regarding Central Valley Project and 
California State Water Project Operations.--The Central Valley Project 
and the State Water Project shall be operated pursuant to the water 
quality standards and operational constraints described in the 
``Principles for Agreement on the Bay-Delta Standards Between the State 
of California and the Federal Government'' dated December 15, 1994, and 
such operations shall proceed without regard to the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.) or any other law pertaining to the 
operation of the Central Valley Project and the California State Water 
Project. Implementation of this section shall be in strict conformance 
with the ``Principles for Agreement on the Bay-Delta Standards Between 
the State of California and the Federal Government'' dated December 15, 
1994.
    (b) Application of Laws to Others.--Neither a Federal department 
nor the State of California, including any agency or board of the State 
of California, shall impose on any water right obtained pursuant to 
State law, including a pre-1914 appropriative right, any condition that 
restricts the exercise of that water right in order to conserve, 
enhance, recover or otherwise protect any species that is affected by 
operations of the Central Valley Project or California State Water 
Project. Nor shall the State of California, including any agency or 
board of the State of California, restrict the exercise of any water 
right obtained pursuant to State law, including a pre-1914 
appropriative right, in order to protect, enhance, or restore under the 
Public Trust Doctrine any public trust value. Implementation of the 
``Principles for Agreement on the Bay-Delta Standards Between the State 
of California and the Federal Government'' dated December 15, 1994, 
shall be in strict compliance with the water rights priority system and 
statutory protections for areas of origin.
    (c) Costs.--No cost associated with the implementation of this 
section shall be imposed directly or indirectly on any Central Valley 
Project contractor, or any other person or entity, unless such costs 
are incurred on a voluntary basis.
    (d) Native Species Protection.--California law is preempted with 
respect to any restriction on the quantity or size of nonnative fish 
taken or harvested that preys upon one or more native fish species that 
occupy the Sacramento and San Joaquin Rivers and their tributaries or 
the Sacramento-San Joaquin Rivers Delta.

SEC. 109. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.

    After the date of the enactment of this title, and regardless of 
the date of listing, the Secretaries of the Interior and Commerce shall 
not distinguish between natural-spawned and hatchery-spawned or 
otherwise artificially propagated strains of a species in making any 
determination under the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.) that relates to any anadromous fish species present in the 
Sacramento and San Joaquin Rivers or their tributaries and ascend those 
rivers and their tributaries to reproduce after maturing in San 
Francisco Bay or the Pacific Ocean.

SEC. 110. REGULATORY STREAMLINING.

    (a) Applicability of Certain Laws.--Filing of a Notice of 
Determination or a Notice of Exemption for any project, including the 
issuance of a permit under State law, related to any project of the CVP 
or the delivery of water therefrom in accordance with the California 
Environmental Quality Act shall be deemed to meet the requirements of 
section 102(2)(C) of the National Environmental Protection Act of 1969 
(42 U.S.C. 4332(2)(C)) for that project or permit.
    (b) Continuation of Project.--The Bureau of Reclamation shall not 
be required to cease or modify any major Federal action or other 
activity related to any project of the CVP or the delivery of water 
therefrom pending completion of judicial review of any determination 
made under the National Environmental Protection Act of 1969 (42 U.S.C. 
4332(2)(C)).
    (c) Project Defined.--For the purposes of this section:
            (1) CVP.--The term ``CVP'' means the Central Valley 
        Project.
            (2) Project.--The term ``project''--
                    (A) means an activity that--
                            (i) is undertaken by a public agency, 
                        funded by a public agency, or that requires an 
                        issuance of a permit by a public agency;
                            (ii) has a potential to result in physical 
                        change to the environment; and
                            (iii) may be subject to several 
                        discretionary approvals by governmental 
                        agencies;
                    (B) may include construction activities, clearing 
                or grading of land, improvements to existing 
                structures, and activities or equipment involving the 
                issuance of a permit; or
                    (C) as defined under the California Environmental 
                Quality Act in section 21065 of the California Public 
                Resource Code.

SEC. 111. ADDITIONAL EMERGENCY CONSULTATION.

    For adjustments to operating criteria other than under section 108 
or to take urgent actions to address water supply shortages for the 
least amount of time or volume of diversion necessary as determined by 
the Commissioner of Reclamation, no mitigation measures shall be 
required during any year that the Sacramento Valley index is 6.5 or 
lower, or at the request of the State of California, and until two 
succeeding years following either of those events have been completed 
where the final Sacramento Valley Index is 7.8 or greater, and any 
mitigation measures imposed must be based on quantitative data and 
required only to the extent that such data demonstrates actual harm to 
species.

SEC. 112. APPLICANTS.

    In the event that the Bureau of Reclamation or another Federal 
agency initiates or reinitiates consultation with the U.S. Fish and 
Wildlife Service or the National Marine Fisheries Service under section 
7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), 
with respect to construction or operation of the Central Valley Project 
and State Water Project, or any part thereof, the State Water Project 
contractors and the Central Valley Project contractors will be accorded 
all the rights and responsibilities extended to applicants in the 
consultation process.

SEC. 113. SAN JOAQUIN RIVER SETTLEMENT.

    (a) Purpose and Findings.--
            (1) Purpose and findings.--Section 10002 of the San Joaquin 
        River Restoration Settlement Act (Public Law 111-11) is amended 
        to read as follows:

``SEC. 10002. PURPOSE AND FINDINGS.

    ``(a) Purpose.--The purpose of this part is to authorize 
implementation of the Settlement.
    ``(b) Findings.--Congress finds that since the date of the 
enactment of this Act, the following conditions now persist with regard 
to implementation of the Settlement:
            ``(1) Millions of dollars of economic damages have occurred 
        due to seepage from rivers flows and other impacts to third 
        parties affected by the Settlement and San Joaquin River 
        Restoration Program and such impacts will continue for the 
        duration of the Settlement and Restoration Program 
        implementation.
            ``(2) Estimated costs of implementing the Settlement have 
        more than doubled from the initial estimates for implementing 
        the Settlement, from a high-end estimate of $800,000,000 to 
        more than $1,700,000,000, due to unrealistic initial cost 
        estimates, additional, unanticipated cost increases related to 
        damages to land from seepage and to infrastructure from 
        subsidence, and from increased construction costs to complete 
        channel improvements, and other improvements not originally 
        identified, but anticipated in the Settlement as necessary to 
        implement the Restoration Goal.
            ``(3) Achievement of the Settlement's Water Management 
        Goal, to reduce or avoid water supply impacts to Friant 
        Division long-term contractors, including the Friant-Kern Canal 
        and Madera Canal capacity restoration projects have not 
        progressed and are likely impossible given available and likely 
        future funding and regulatory constraints.
            ``(4) Implementation of the Settlement's Restoration Goal 
        has already fallen short of the schedule agreed to by the 
        Settling Parties and Congress, which required the 
        reintroduction of Spring-run and Fall-run Chinook salmon in the 
        river by December 31, 2012, and the majority of Paragraph 11 
        improvements construction to be complete by December 31, 2013, 
        with the remainder of the paragraph (11) improvements to be 
        completed by December 31, 2016, neither of which deadlines have 
        been met and the Secretary has now made findings that such 
        improvements will not be completed until 2030 at the earliest 
        and likely beyond that timeframe, which schedule assumes full 
        funding of the Restoration Program, which has not occurred.
            ``(5) Catastrophic species declines in the Sacramento-San 
        Joaquin Delta and other changed conditions have affected the 
        Friant Division's water supply in ways unimagined during the 
        time of the Settlement's signing, resulting in additional 
        reductions in water supply for the Friant Division beyond what 
        was agreed to in the Settlement.
            ``(6) Recent scientific assessments of likely future 
        climate change suggest that no amount of additional flow in the 
        San Joaquin River will sustain Spring-run Chinook salmon, one 
        of the target species for maintaining a self-sustaining 
        population below Friant Dam.
            ``(7) In consideration of existing conditions, it is not 
        reasonable, prudent and feasible to implement the Settlement as 
        originally authorized.''.
            (2) Definitions.--Section 10003 of the San Joaquin River 
        Restoration Settlement Act (Public Law 111-11) is amended by 
        adding at the end the following:
            ``(4) The term `Exchange Contractors' means San Joaquin 
        River Exchange Contractors Water Authority, whose members are 
        the Central California Irrigation District, Columbia Canal 
        Company, the Firebaugh Canal Water District, and the San Luis 
        Canal Company.
            ``(5) The term `Governor' means the Governor of the State 
        of California.
            ``(6) The term `Gravelly Ford' means the Gravelly Ford 
        gaging station in the San Joaquin River located at 
        approximately River Mile 230.
            ``(7) The term `Restoration Area' means the San Joaquin 
        River between Friant Dam and the Merced River confluence, and 
        generally within 1,500 feet of the centerline of the river.
            ``(8) The term `Restoration Flow' means the hydrograph 
        flows (as provided in paragraph 18 and exhibit B of the 
        Settlement), buffer flows of up to 10 percent of the applicable 
        hydrograph flows, and any additional water acquired by the 
        Secretary of the Interior from willing sellers to meet the 
        Restoration Goal of the Settlement.
            ``(9) The term `Restoration Fund' means that fund 
        established by this part.
            ``(10) The term `Sack Dam' means a low-head earth and 
        concrete structure with wooden flap gates that diverts San 
        Joaquin River flows into the Arroyo Canal at approximately 
        River Mile 182.1.
            ``(11) The term `Warm Water Fishery' means a water system 
        that has an environment suitable for species of fish other than 
        salmon (including any subspecies) and trout (including all 
        subspecies).
            ``(12) The term `third party' means the Exchange 
        Contractors or any member thereof, current or former members of 
        the San Joaquin Tributaries Authority, and current or former 
        members of the San Luis and Delta Mendota Water Authority.''; 
        and
            (3) Implementation of settlement.--Section 10004 of the San 
        Joaquin River Restoration Settlement Act (Public Law 111-11) is 
        amended--
                    (A) in subsection (f), by striking ``pursuant to 
                the Settlement and section 10011'' and inserting ``or 
                other species for any reason'';
                    (B) in subsection (g), by inserting ``or the 
                implementation of the Settlement and the reintroduction 
                of California Central Valley Spring Run Chinook salmon 
                or any other species,'' after ``nothing in this part'';
                    (C) in subsection (h)--
                            (i) in the header by striking ``Interim'';
                            (ii) in paragraph (1)--
                                    (I) by striking ``Interim Flows'' 
                                and inserting ``Flows'' each place it 
                                appears;
                                    (II) in subparagraph (C)(ii), by 
                                inserting ``which shall be 
                                implemented'' after ``significant''; 
                                and
                                    (III) in subparagraph (E), by 
                                striking ``as a result of the Interim 
                                Flows'' and inserting ``or State laws 
                                as a result of Flows.''; and
                            (iii) by striking paragraphs (2), (3), and 
                        (4) and inserting the following:
            ``(2) Conditions for release.--The Secretary is authorized 
        to release Flows--
                    ``(A) if all improvements and mitigation measures 
                are completed or implemented, including all actions 
                necessary to mitigate impacts on landowners, water 
                agencies, and water users; and
                    ``(B) if such Flows will not exceed existing 
                downstream channel capacities.
            ``(3) Seepage impacts.--(A) The Secretary, in implementing 
        this Act, shall not cause material adverse impacts to third 
        parties. The Secretary shall reduce Flows to the extent 
        necessary to address any material adverse impacts to third 
        parties from groundwater seepage or levee instability caused by 
        such flows identified based on the monitoring program of the 
        Secretary. Notwithstanding the foregoing, the Secretary shall 
        not directly or indirectly cause groundwater to rise above 10 
        feet below ground surface and shall provide at least 10 feet 
        below ground surface as a minimum threshold elevation for 
        groundwater beneath any fields where permanent or other deep 
        rooted crops are grown, and at least 6 feet below ground 
        surface as a minimum threshold elevation for groundwater 
        beneath any fields where annual or shallow rooted crops are 
        grown. These minimum thresholds shall be adjusted yearly based 
        upon information provided by individual landowners regarding 
        the minimum threshold that they will need in order to grow 
        their crop(s) that year. If during the course of the year the 
        landowner informs the Secretary that detrimental seepage is 
        being experienced or is reasonably likely to occur despite the 
        adherence to the minimum threshold, the Secretary shall reduce 
        Restoration Flows to a volume sufficient to reduce seepage 
        impacts by reducing the occurrence of groundwater to a non-
        damaging level below ground surface.
            ``(B) If Flow reduction alone is not sufficient to mitigate 
        for seepage impacts the Secretary shall mitigate by real estate 
        transaction or installation of physical measures, whichever 
        option is requested by the landowner.
            ``(C) Any water that seeps onto private property shall 
        thereupon become the property of that landowner if the 
        landowner takes control of the water including by re-diverting 
        it to the San Joaquin River. If seepage water is returned to 
        the San Joaquin River it shall meet applicable water quality 
        requirements.
            ``(4) Temporary fish barrier program.--Using funds 
        otherwise available from the San Joaquin River Restoration Fund 
        if necessary, the Secretary is authorized to make improvements 
        to the Hills Ferry Barrier or any replacement thereof in order 
        to prevent upstream migration of any protected species to the 
        restoration area. The Secretary is further authorized to work 
        with the California Department of Fish and Wildlife for the 
        improvement or replacement of the Hills Ferry Barrier in order 
        to prevent the upstream migration of any protected species. If 
        third parties south of the confluence with the Merced River are 
        required to install their screens or fish bypass facilities in 
        order to comply with the Endangered Species Act of 1973, the 
        Secretary shall bear the costs of such screens or facilities, 
        except to the extent that such costs are already or are further 
        willingly borne by the State of California or by the third 
        parties. Expenditures by Reclamation are non-reimbursable. Any 
        protected species recovered at the Hills Ferry Barrier or in 
        the Restoration Area or any river or false pathways thereto 
        that is to be relocated outside of the Restoration Area shall 
        only be relocated to an area where there is an established 
        self-sustaining population of that same genotype or 
        phenotype.''; and
                    (D) by amending subsection (j) to read as follows:
    ``(j) San Joaquin River Exchange Contract and Related.--Subject to 
section 10006(b), nothing in this part shall modify or amend the rights 
and obligations under the Purchase Contract between Miller and Lux and 
the United States including without exclusion of others, any right to 
enforce the power contracts identified in the Purchase Contract, the 
Second Amended Exchange Contract between the United States, Department 
of the Interior Bureau of Reclamation and Central California Irrigation 
District, San Luis Canal Company, Firebaugh Canal Water District, and 
Columbia Canal Company. Prior to releasing any restoration flow, the 
Secretary shall determine that such release will not affect its 
contractual obligations to the Exchange Contractors.''.
            (4) Acquisition of property.--Section 10005 of the San 
        Joaquin River Restoration Settlement Act (Public Law 111-11) is 
        amended by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Acquisition of Property.--The Secretary is authorized to 
acquire property solely through purchase from willing sellers any 
property, interests in property, or options to acquire real property 
needed to implement the Settlement authorized by this part. The 
Secretary shall not acquire property through the exercise of eminent 
domain unless the owner of said property does not object to an eminent 
domain action.
    ``(c) Disposal of Property.--Any property or interests therein 
acquired by the Secretary and for which the Secretary determines that 
the property or interest therein is no longer needed to be held by the 
United States for the furtherance of the Settlement, shall be first 
offered for repurchase to the prior owner of the property from whom the 
United States acquired the property and at the same price for which the 
United States acquired the property unless it is demonstrated that the 
property has decreased in value in which case the Secretary shall sell 
the property back to the prior owner at the decreased price. If the 
prior owner does not want the property, the Secretary shall sell the 
property on the open market.''.
            (5) Compliance with applicable law.--Section 10006 of the 
        San Joaquin River Restoration Settlement Act (Public Law 111-
        11) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``as 
                        necessary'' and inserting ``as necessary, as 
                        provided for in this part and in a manner that 
                        does not conflict with the intent of Congress 
                        as expressed in this title which intent shall 
                        be afforded the greatest deference and any 
                        difference or ambiguity shall be resolved in 
                        favor of said intent'' before the period at the 
                        end; and
                            (ii) in paragraph (2), by adding at the end 
                        the following: ``Any statutory exemptions from 
                        conducting environmental review or consultation 
                        are not applicable.'';
                    (B) in subsection (b)--
                            (i) by striking ``Nothing'' and inserting 
                        ``Except as provided in subsection (e) below, 
                        nothing''; and
                            (ii) by striking ``State law.'' and 
                        inserting ``State law, except as otherwise 
                        provided for herein or would conflict with 
                        achieving the purposes or intent of this 
                        title.''; and
                    (C) by adding at the end the following:
    ``(e) In General.--Sections 5930 through 5948 of the California 
Fish and Game Code and all applicable Federal laws, including this 
part, as amended by the Gaining Responsibility on Water Act of 2017, 
and the Stipulation of Settlement (Natural Resources Defense Council, 
et al. v. Kirk Rodgers, et al., Eastern District of California, No. 
Civ. S-88-1658--LKK/GGH), shall be satisfied by implementation of the 
Settlement as provided in section 10014(b) or the plan provided in 
section 10014(a) of the Gaining Responsibility on Water Act of 2017.
    ``(f) Compliance With Existing Friant Division Contracts.--Congress 
hereby finds and declares that compliance with the provisions of this 
Act by Friant Division Contractors shall fulfill all requirements for 
compliance with this part, contained in contracts between the Secretary 
and Friant Division Contractors.''.
            (6) No private right of action.--Section 10008(a) of the 
        San Joaquin River Restoration Settlement Act (Public Law 111-
        11) is amended by striking ``the Settlement'' and inserting 
        ``the Settlement or a third party''.
            (7) Settlement fund.--Section 10009 of the San Joaquin 
        River Restoration Settlement Act (Public Law 111-11) is 
        amended--
                    (A) in subsection (a), by amending paragraph (3) to 
                read as follows:
            ``(3) Limitation.--Except as provided in the Settlement, to 
        the extent that costs incurred solely to implement this 
        Settlement would not otherwise have been incurred by any entity 
        or public or local agency or subdivision of the State of 
        California, such costs shall not be borne by any such entity, 
        agency, or subdivision of the State of California, unless such 
        costs are incurred on a voluntary basis. Any appropriations by 
        Congress to implement this part shall be on the basis of line 
        item authorizations and appropriations and shall not be part of 
        the programmatic funding for the Secretary or the Bureau of 
        Reclamation.''; and
                    (B) by striking subsection (f) and inserting the 
                following:
    ``(f) Reach 4B.--No Restoration Flows released shall be routed 
through section 4B of the San Joaquin River. The Secretary shall seek 
to make use of modified and/or existing conveyance facilities such as 
flood control channels in order to provide conveyance for the 
restoration flows. Congress finds that such use of multi-use facilities 
is more economical and cost-effective than seeking to restore certain 
sections of the San Joaquin River. The Secretary shall provide non-
reimbursable funding for the incremental increase in maintenance costs 
for use of the flood control channels.
    ``(g) No Impact on Water Supplies.--Re-introduction or migration of 
species to the San Joaquin River upstream of the confluence with the 
Merced River made possible by or aided by the existence of restoration 
flows or any improvements to the river made hereunder shall not result 
in water supply reductions, additional storage releases, or bypass 
flows on unwilling third parties due to such re-introduction.
    ``(h) No Transference of Liability.--Congress finds that the 
Federal interest in the restoration of the San Joaquin River upstream 
of the confluence with the Merced River has been satisfied with regard 
to the development of the Friant Division, Delta Mendota canal, the 
continued performance of and compliance with the terms of agreements of 
the United States to purchase water rights and for exchange of water, 
its Agreements with the entities that comprise the Exchange Contractors 
to deliver their water rights in the San Joaquin River pursuant to the 
terms of the agreements. The enactment of the San Joaquin River 
Restoration Settlement Act, together with findings in this legislation 
including the Settling Parties and agencies of the State of California 
tried to implement the Restoration Program for ten years and the Bureau 
of Reclamation has stated it will take at least another 15 years to 
implement assuming full funding is provided, even though that full 
funding has never been provided since the Settlement was executed or 
the Restoration Act enacted, and that absent implementation of that 
funding, there is no possibility of establishing a viable self-
sustaining salmonid population and the restoration of the upper San 
Joaquin River has proven infeasible on terms originally conceived by 
the parties to the Settlement and Congress in the Restoration Act. 
Therefore, notwithstanding that the United States and water users and 
agencies within the Friant Division are released of any existing or 
future obligations with regard to the Restoration Program, or any 
similar program, no responsibility for achieving the goals of the 
Restoration Program, including the provision of flows and the re-
introduction of salmon, or other fish species to the San Joaquin River, 
shall be imposed on the United States, upon the Exchange Contractors or 
any of its members nor shall the rights to delivery of water reserved 
to the Exchange Contractors by any agency of the United States or the 
State of California be abridged or impaired.
    ``(i) Absence of Agreement.--In the absence of an agreement with 
Friant Division long-term contractors, in the event the State of 
California, acting through the State Water Resources Control Board or 
otherwise, or any other party requires the flow of the San Joaquin 
River below Friant Dam to exceed the amounts stated in Exhibit B of the 
Settlement, then the authorization to implement the Settlement as 
provided in this Act shall terminate and the Secretary of the Interior 
shall cease any action to implement this part and the Stipulation of 
Settlement (Natural Resources Defense Council, et al. v. Kirk Rodgers, 
et al., Eastern District of California, No. Civ-S-88-1658 LLK/GGH); 
provided, further, the Secretary shall also cease to collect or expend 
any funds from the San Joaquin River Restoration Fund.''.
    (b) Review and Determination.--San Joaquin River Restoration 
Settlement Act (Public Law 111-11 et seq.) is amended by adding at the 
end the following:

``SEC. 10012. REVIEW AND DETERMINATION.

    ``(a) Determination Required.--The Governor and the Secretary, 
shall determine, in consideration of the overall public interest of 
both the State of California and the Nation, if it is reasonable, 
prudent, and feasible to implement the Settlement as provided in 
section 10014(b) and shall submit a joint report to Congress not later 
than 1 year after the date of the enactment of this Act, stating their 
findings and recommended action, including--
            ``(1) financial considerations;
            ``(2) available scientific evidence;
            ``(3) water temperature in the lower reaches of the upper 
        San Joaquin River; and
            ``(4) alternative uses for the funds required to implement 
        the Settlement.
    ``(b) Absence of Timely Determination.--If the Governor and the 
Secretary, do not provide a joint recommendation within the time 
specified in subsection (a), then it shall be deemed that implementing 
the Settlement consistent with section 10014(b) is not reasonable, 
prudent, and feasible, and the Secretary shall proceed to implement the 
Settlement consistent with section 10014(a).

``SEC. 10013. INTERIM OPERATIONS.

    ``Beginning on the date of the enactment of the Gaining 
Responsibility on Water Act of 2017 and continuing until a 
determination and final plan has been developed and approved by the 
Secretary and Governor as provided under section 10014(b), and if 
applicable, the warm water fishery plan developed under section 
10014(a), the Secretary shall only take the following actions to 
implement the Settlement according to the this Act:
            ``(1) Implementation of the Restoration Goal and the Water 
        Management Goal of the Settlement only to the extent consistent 
        with section 10014(b).
            ``(2) No Restoration Flow releases shall be permitted on 
        the San Joaquin River downstream of Sack Dam to the confluence 
        with the Merced River.
            ``(3) No salmonids shall be placed into or allowed to 
        migrate to the Restoration Area. If any salmonids are caught at 
        the Hills Ferry Barrier, they shall be salvaged to the extent 
        feasible and returned to an area where there is a viable 
        sustainable salmonid population of substantially the same 
        genotype or phenotype.
            ``(4) Implementation of a plan to recirculate, recapture, 
        reuse, exchange and transfer Restoration Flows for the purpose 
        of reducing or avoiding impacts to water deliveries to all 
        Friant Division long-term contractors caused by the Restoration 
        Flows , to the greatest extent feasible.

``SEC. 10014. ALTERNATE LONG-TERM ACTIONS.

    ``(a) Gravelly Ford-Warm Water Fishery.--
            ``(1) If it is determined under section 10012(a) that the 
        Settlement should not be implemented as provided in subsection 
        (b), then not later than 1 year after such determination, the 
        Secretary and the Governor shall develop and approve a 
        reasonable, prudent, and feasible plan for maintaining a warm 
        water fishery on the San Joaquin River below Friant Dam, but 
        upstream of Gravelly Ford, consistent with the following:
                    ``(A) No water shall be released into the San 
                Joaquin River for fishery purposes downstream of 
                Gravelly Ford.
                    ``(B) Existing and future contributions to the 
                Restoration Fund shall be expended for the purposes 
                of--
                            ``(i) warm water fishery improvements 
                        within the San Joaquin River channel upstream 
                        of Gravelly Ford; and
                            ``(ii) water and fishery improvements in 
                        the San Joaquin River channel downstream of the 
                        confluence with the Merced River and other 
                        areas for benefit of fall run salmon.
                    ``(C) The Secretary shall establish a fund to be 
                jointly administered by the Friant Water Authority, 
                Exchange Contractors, San Joaquin Tributaries 
                Authority, and San Luis Delta Mendota Water Authority 
                to fund restoration actions along the San Joaquin River 
                and its tributaries that achieve water quality 
                objectives for the protection of fish and wildlife. The 
                Secretary shall transfer the following into the fund:
                            ``(i) All funds in the San Joaquin River 
                        Restoration Fund authorized by this part.
                            ``(ii) All future payments by Friant 
                        Division long-term contractors pursuant to 
                        section 3406(c)(1) of the Reclamation Projects, 
                        Authorization and Adjustment Act of 1992 
                        (Public Law 102-575; 106 Stat. 4721) as 
                        provided in the Settlement.
                    ``(D) In the absence of an agreement with Friant 
                Division long-term contractors, in the event the State 
                of California, acting through the State Water Resources 
                Control Board or otherwise, or any other party requires 
                the flow of the San Joaquin River to continue below 
                Gravelly Ford for fish and wildlife purposes then--
                            ``(i) all funding specified for transfer 
                        under this subsection shall cease, and any 
                        funds remaining in the San Joaquin River Basin 
                        Restoration Fund shall be transferred to the 
                        Friant Water Authority for implementing 
                        conveyance improvements on the Friant Kern 
                        Canal and Madera Canal to mitigate for 
                        subsidence impacts since their original 
                        construction; and
                            ``(ii) the authorization to implement the 
                        Settlement as provided in this part, as amended 
                        by the Gaining Responsibility on Water Act of 
                        2017, shall terminate and the Secretary shall 
                        cease any action to implement this part and the 
                        Stipulation of Settlement (Natural Resources 
                        Defense Council, et al. v. Kirk Rodgers, et 
                        al., Eastern District of California, No. Civ-S-
                        88-1658 LLK/GGH); provided, further, the 
                        Secretary shall also cease to collect or expend 
                        any funds from the San Joaquin River 
                        Restoration Fund.
    ``(b) Continued Implementation.--If, in the decision required by 
section 10012(a), it is determined that the Settlement should continue 
to be implemented as provided in section 10014(b), then the following 
terms are required for Continued Implementation of Settlement and no 
funds shall be expended to implement the Settlement other than as 
provided for herein:
            ``(1) Improvements.--The improvements described in 
        paragraph (11) of the Settlement and any additional 
        improvements identified in the Framework for Implementation 
        published in 2015 and any successors thereto shall be completed 
        before any Restoration Flows are released to the San Joaquin 
        River.
            ``(2) Priority projects.--The improvements shall be 
        constructed in the following order:
                    ``(A) Mendota Pool bypass and fish screen.
                    ``(B) Arroyo Canal fish screen and Sack Dam fish 
                passage facilities.
                    ``(C) Seepage mitigation actions to allow 
                Restoration Flows of up to 4500 CFS such that there 
                will be no involuntarily incurred damage to private 
                property and no damage to levees.
            ``(3) Other improvements.--The remainder of the 
        Improvements shall be constructed in an order deemed 
        appropriate by the Secretary after the foregoing projects are 
        completed.
            ``(4) Construction assistance.--If agreed to by the 
        Exchange Contractors or any of its members, the Secretary shall 
        enter into an agreement with the Exchange Contractors or any of 
        its members to assume construction responsibility from initial 
        design through completion of such improvements as the Exchange 
        Contractors or any of its members may agree to, provided that 
        the Secretary shall retain financial responsibility for such 
        improvements and shall reimburse the Exchange Contractors or 
        any of its members for costs incurred by them and their 
        contractors, if any, expended in the construction of the 
        improvements. The Secretary shall enter into a construction 
        agreement with the Exchange Contractors or its members, as 
        applicable, and subject to their approval, consistent with the 
        terms of this title.
            ``(5) Technical advisory committee and restoration 
        administrator.--The Secretary shall add to the Technical 
        Advisory Committee (TAC), established pursuant to the 
        Settlement, one representative from the Exchange Contractors 
        and one representative from the San Luis & Delta-Mendota Water 
        Authority. Any decisions and/or recommendations made by the 
        Restoration Administrator shall be first discussed with the TAC 
        and made on the basis of consensus to maximum extent possible. 
        Any recommendations made by the Restoration Administrator are 
        advisory only, shall be in writing, shall include references to 
        the science relied on and specify the benefits to fish in the 
        river, and include the level of consensus reached by the TAC. 
        The Secretary's final decision on any action, including flows, 
        can deviate from the Restoration Administrator's recommendation 
        provided that the Secretary's final decision is based upon 
        sound and objective science, and is otherwise consistent with 
        this title.
            ``(6) Restoration flows.--The appropriate level of 
        Restoration Flows under any circumstance shall be no greater 
        than that set forth in the hydrographs attached as exhibit B to 
        the Settlement, and shall be no greater than the real-time 
        fishery needs required to meet the Restoration Goal. The 
        Secretary shall make the final decision as to the appropriate 
        level of Restoration Flows and other actions regarding 
        implementation of the Restoration Program. The appropriate 
        level of Restoration Flows shall at a minimum not exceed 
        channel capacity, cause seepage damage, or be inconsistent with 
        any other requirements in this section. The Secretary's 
        decisions and those of the Secretary of Commerce shall be fully 
        supported by the best commercial and scientific information 
        available, shall be made in an open and transparent manner, and 
        shall be based on objective information capable of replication.
            ``(7) Fish reintroduction.--No fishery shall be introduced 
        or placed for any reason in to the San Joaquin River upstream 
        of the Merced River, until Reclamation has released Restoration 
        Flows down the San Joaquin River in each hydrologic year type: 
        wet, above normal, below normal, dry, and critically dry and 
        determined that the improvements are fully functional and that 
        seepage impacts have been fully mitigated. At least 180 days 
        before the introduction of spring run Chinook salmon the Bureau 
        of Reclamation shall submit a report to Congress that provides 
        a critical examination of the impact of Restoration Flows on 
        seepage and the improvements, and the likelihood of success in 
        restoring a salmon fishery that is viable, sustainable and 
        capable of volitional passage.
            ``(8) Protected species.--Any protected species migrating 
        into the Restoration Area shall be deemed to be a nonessential 
        experimental population. Congress finds that due to human-
        caused physical changes to the pathways of the San Joaquin 
        River upstream of the confluence of the Merced River the San 
        Joaquin River is deemed a distinct and separate geographic area 
        and no agency shall take any action pursuant to any authority 
        or requirement of the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) or any other Federal or State species protection 
        law that will have an adverse impact on landowners or water 
        agencies within the Restoration Area unless such impacts are 
        incurred on a voluntary basis.
            ``(9) Subsidence.--Prior to implementing any other actions, 
        the Secretary shall work with local water districts and 
        landowners to ensure the actions include appropriate solutions 
        to past and likely future subsidence. Without resolution to the 
        subsidence issue, the improvements described in the Settlement 
        and the San Joaquin River and/or the flood control system will 
        continue to be irreparability damaged. Any costs incurred by 
        the Secretary, including but not limited to acquisition of 
        property from willing sellers shall be non-reimbursable.
            ``(10) Full funding.--Prior to commencing construction of 
        any Improvement, the Secretary shall approve a funding plan 
        that demonstrates that the United States has obtained all 
        authorizations for appropriations combined with other 
        authorized and reasonably foreseeable funding sources necessary 
        for the orderly completion of all improvements described in 
        paragraph (11) of the Settlement and any additional 
        improvements identified in the Framework for Implementation 
        published in 2015, including any amendments thereto.
            ``(11) Mitigation of impacts.--Prior to the implementation 
        of decisions or agreements to construct, improve, operate, or 
        maintain Improvements. or facilities that the Secretary 
        determines are needed to implement the Settlement, the 
        Secretary shall--
                    ``(A) identify the impacts associated with such 
                actions;
                    ``(B) identify the actions that the Secretary must 
                implement to mitigate any impacts on water users and 
                landowners in the Restoration Area; and
                    ``(C) shall implement all of the mitigation actions 
                so as to eliminate or reduce to an immaterial effect 
                any adverse impacts on water users and landowners.''.

              TITLE II--CALFED STORAGE FEASIBILITY STUDIES

SEC. 201. STUDIES.

    The Secretary of the Interior, through the Commissioner of 
Reclamation, shall--
            (1) complete the feasibility studies described in clauses 
        (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108-
        361 (118 Stat. 1684) and submit such studies to the appropriate 
        committees of the House of Representatives and the Senate not 
        later than November 30, 2018;
            (2) complete the feasibility study described in clause 
        (i)(II) of section 103(d)(1)(A) of Public Law 108-361 and 
        submit such study to the appropriate committees of the House of 
        Representatives and the Senate not later than November 30, 
        2018;
            (3) complete a publicly available draft of the feasibility 
        study described in clause (ii)(I) of section 103(d)(1)(A) of 
        Public Law 108-361 and submit such study to the appropriate 
        committees of the House of Representatives and the Senate not 
        later than November 30, 2018;
            (4) complete the feasibility study described in clause 
        (ii)(I) of section 103(d)(1)(A) of Public Law 108-361 and 
        submit such study to the appropriate committees of the House of 
        Representatives and the Senate not later than November 30, 
        2019;
            (5) complete the feasibility study described in section 
        103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and submit 
        such study to the appropriate committees of the House of 
        Representatives and the Senate not later than December 31, 
        2019;
            (6) in conducting any feasibility study under this Act, the 
        reclamation laws, the Central Valley Project Improvement Act 
        (title XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish 
        and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and 
        other applicable law, for the purposes of determining 
        feasibility the Secretary shall document, delineate, and 
        publish costs directly relating to the engineering and 
        construction of a water storage project separately from the 
        costs resulting from regulatory compliance or the construction 
        of auxiliary facilities necessary to achieve regulatory 
        compliance; and
            (7) communicate, coordinate and cooperate with public water 
        agencies that contract with the United States for Central 
        Valley Project water and that are expected to participate in 
        the cost pools that will be created for the projects proposed 
        in the feasibility studies under this section.

SEC. 202. TEMPERANCE FLAT.

    (a) Definitions.--For the purposes of this section:
            (1) Project.--The term ``Project'' means the Temperance 
        Flat Reservoir Project on the Upper San Joaquin River.
            (2) RMP.--The term ``RMP'' means the document titled 
        ``Bakersfield Field Office, Record of Decision and Approved 
        Resource Management Plan'', dated December 2014.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Applicability of RMP.--The RMP and findings related thereto 
shall have no effect on or applicability to the Secretary's 
determination of feasibility of, or on any findings or environmental 
review documents related to--
            (1) the Project; or
            (2) actions taken by the Secretary pursuant to section 
        103(d)(1)(A)(ii)(II) of the Bay-Delta Authorization Act (title 
        I of Public Law 108-361).
    (c) Duties of Secretary Upon Determination of Feasibility.--If the 
Secretary finds the Project to be feasible, the Secretary shall manage 
the land recommended in the RMP for designation under the Wild and 
Scenic Rivers Act (16 U.S.C. 1271 et seq.) in a manner that does not 
impede any environmental reviews, preconstruction, construction, or 
other activities of the Project, regardless of whether or not the 
Secretary submits any official recommendation to Congress under the 
Wild and Scenic Rivers Act.
    (d) Reserved Water Rights.--Effective December 22, 2017, there 
shall be no Federal reserved water rights to any segment of the San 
Joaquin River related to the Project as a result of any designation 
made under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).

SEC. 203. WATER STORAGE PROJECT CONSTRUCTION.

    The Secretary of the Interior, acting through the Commissioner of 
the Bureau of Reclamation, may partner or enter into an agreement on 
the water storage projects identified in section 103(d)(1) of the Water 
Supply Reliability and Environmental Improvement Act (Public Law 108-
361) (and Acts supplemental and amendatory to the Act) with local joint 
powers authorities formed pursuant to State law by irrigation districts 
and other local water districts and local governments within the 
applicable hydrologic region, to advance those projects.

SEC. 204. GEOPHYSICAL SURVEY.

    The Bureau of Reclamation, in cooperation with the United States 
Geological Survey, the State of California, and local and State water 
agencies, may conduct detailed geophysical characterization activities 
of subsurface aquifer systems and groundwater vulnerability in 
California, which has experienced a critical, multi-year drought that 
resulted in severe groundwater overdraft in some areas, followed by 
less than optimal recharge from the heavy rainstorms and flooding 
during the 2016-2017 winter season. This geophysical survey should 
include data pertaining to the following:
            (1) Subsurface system framework: occurrence and geometry of 
        aquifer and non-aquifer zones.
            (2) Aquifer storage and transmission characteristics.
            (3) Areas of greatest recharge potential.

SEC. 205. HEADWATER-RESTORATION SCOPING STUDY.

    The Bureau of Reclamation may partner with academia, specifically 
the University of California, and State and local water agencies, to 
develop a study to enhance mountain runoff to Central Valley Project 
reservoirs from headwater restoration with the following aims:
            (1) Estimate forest biomass density and annual 
        evapotranspiration (ET) across the Shasta Lake watershed for 
        the past decade using satellite and other available spatial 
        data.
            (2) Identify areas on public and private land that have 
        high biomass densities and ET, and assess potential changes in 
        ET that would ensue from forest restoration.
            (3) Assess role of subsurface storage in providing drought 
        resilience of forests, based on long-term historical estimates 
        of precipitation, drought severity and stream discharge.
            (4) Assess role of snowpack in annual water balance across 
        the watersheds.

                  TITLE III--WATER RIGHTS PROTECTIONS

SEC. 301. OFFSET FOR STATE WATER PROJECT.

    (a) Implementation Impacts.--The Secretary of the Interior shall 
confer with the California Department of Fish and Wildlife in 
connection with the implementation of this title on potential impacts 
to any consistency determination for operations of the State Water 
Project issued pursuant to California Fish and Game Code section 
2080.1.
    (b) Additional Yield.--If, as a result of the application of this 
title, the California Department of Fish and Wildlife--
            (1) revokes the consistency determinations pursuant to 
        California Fish and Game Code section 2080.1 that are 
        applicable to the State Water Project;
            (2) amends or issues one or more new consistency 
        determinations pursuant to California Fish and Game Code 
        section 2080.1 in a manner that directly or indirectly results 
        in reduced water supply to the State Water Project as compared 
        with the water supply available under the smelt biological 
        opinion and the salmonid biological opinion; or
            (3) requires take authorization under California Fish and 
        Game Code section 2081 for operation of the State Water Project 
        in a manner that directly or indirectly results in reduced 
        water supply to the State Water Project as compared with the 
        water supply available under the smelt biological opinion and 
        the salmonid biological opinion, and as a consequence of the 
        Department's action, Central Valley Project yield is greater 
        than it would have been absent the Department's actions, then 
        that additional yield shall be made available to the State 
        Water Project for delivery to State Water Project contractors 
        to offset losses resulting from the Department's action.
    (c) Notification Related to Environmental Protections.--The 
Secretary of the Interior shall immediately notify the Director of the 
California Department of Fish and Wildlife in writing if the Secretary 
of the Interior determines that implementation of the smelt biological 
opinion and the salmonid biological opinion consistent with this title 
reduces environmental protections for any species covered by the 
opinions.

SEC. 302. AREA OF ORIGIN PROTECTIONS.

    (a) In General.--The Secretary of the Interior is directed, in the 
operation of the Central Valley Project, to adhere to California's 
water rights laws governing water rights priorities and to honor water 
rights senior to those held by the United States for operation of the 
Central Valley Project, regardless of the source of priority, including 
any appropriative water rights initiated prior to December 19, 1914, as 
well as water rights and other priorities perfected or to be perfected 
pursuant to California Water Code Part 2 of Division 2. Article 1.7 
(commencing with section 1215 of chapter 1 of part 2 of division 2, 
sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and 
sections 12200 through 12220, inclusive).
    (b) Diversions.--Any action undertaken by the Secretary of the 
Interior and the Secretary of Commerce pursuant to both this title and 
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) that requires that diversions from the Sacramento River or the 
San Joaquin River watersheds upstream of the Delta be bypassed shall 
not be undertaken in a manner that alters the water rights priorities 
established by California law.

SEC. 303. NO REDIRECTED ADVERSE IMPACTS.

    (a) In General.--The Secretary of the Interior shall ensure that, 
except as otherwise provided for in a water service or repayment 
contract, actions taken in compliance with legal obligations imposed 
pursuant to or as a result of this title, including such actions under 
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) and other applicable Federal and State laws, shall not directly 
or indirectly--
            (1) result in the involuntary reduction of water supply or 
        fiscal impacts to individuals or districts who receive water 
        from either the State Water Project or the United States under 
        water rights settlement contracts, exchange contracts, water 
        service contracts, repayment contracts, or water supply 
        contracts; or
            (2) cause redirected adverse water supply or fiscal impacts 
        to those within the Sacramento River watershed, the San Joaquin 
        River watershed or the State Water Project service area.
    (b) Costs.--To the extent that costs are incurred solely pursuant 
to or as a result of this title and would not otherwise have been 
incurred by any entity or public or local agency or subdivision of the 
State of California, such costs shall not be borne by any such entity, 
agency, or subdivision of the State of California, unless such costs 
are incurred on a voluntary basis.
    (c) Rights and Obligations Not Modified or Amended.--Nothing in 
this title shall modify or amend the rights and obligations of the 
parties to any existing--
            (1) water service, repayment, settlement, purchase, or 
        exchange contract with the United States, including the 
        obligation to satisfy exchange contracts and settlement 
        contracts prior to the allocation of any other Central Valley 
        Project water; or
            (2) State Water Project water supply or settlement contract 
        with the State.

SEC. 304. ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS.

    (a) Allocations.--
            (1) In general.--Subject to paragraph (2) and subsection 
        (b), the Secretary of the Interior is directed, in the 
        operation of the Central Valley Project, to allocate water 
        provided for irrigation purposes to existing Central Valley 
        Project agricultural water service contractors within the 
        Sacramento River Watershed in compliance with the following:
                    (A) Not less than 100 percent of their contract 
                quantities in a ``Wet'' year.
                    (B) Not less than 100 percent of their contract 
                quantities in an ``Above Normal'' year.
                    (C) Not less than 100 percent of their contract 
                quantities in a ``Below Normal'' year that is preceded 
                by an ``Above Normal'' or a ``Wet'' year.
                    (D) Not less than 50 percent of their contract 
                quantities in a ``Dry'' year that is preceded by a 
                ``Below Normal'', an ``Above Normal'', or a ``Wet'' 
                year.
                    (E) In all other years not identified herein, the 
                allocation percentage for existing Central Valley 
                Project agricultural water service contractors within 
                the Sacramento River Watershed shall not be less than 
                twice the allocation percentage to south-of-Delta 
                Central Valley Project agricultural water service 
                contractors, up to 100 percent; provided, that nothing 
                herein shall preclude an allocation to existing Central 
                Valley Project agricultural water service contractors 
                within the Sacramento River Watershed that is greater 
                than twice the allocation percentage to south-of-Delta 
                Central Valley Project agricultural water service 
                contractors.
            (2) Conditions.--The Secretary's actions under paragraph 
        (1) shall be subject to--
                    (A) the priority of individuals or entities with 
                Sacramento River water rights, including those with 
                Sacramento River Settlement Contracts, that have 
                priority to the diversion and use of Sacramento River 
                water over water rights held by the United States for 
                operations of the Central Valley Project;
                    (B) the United States obligation to make a 
                substitute supply of water available to the San Joaquin 
                River Exchange Contractors; and
                    (C) the Secretary's obligation to make water 
                available to managed wetlands pursuant to section 
                3406(d) of the Central Valley Project Improvement Act 
                (Public Law 102-575).
    (b) Protection of Municipal and Industrial Supplies.--Nothing in 
subsection (a) shall be deemed to--
            (1) modify any provision of a water service contract that 
        addresses municipal and industrial water shortage policies of 
        the Secretary;
            (2) affect or limit the authority of the Secretary to adopt 
        or modify municipal and industrial water shortage policies;
            (3) affect or limit the authority of the Secretary to 
        implement municipal and industrial water shortage policies; or
            (4) affect allocations to Central Valley Project municipal 
        and industrial contractors pursuant to such policies.
Neither subsection (a) nor the Secretary's implementation of subsection 
(a) shall constrain, govern, or affect, directly, the operations of the 
Central Valley Project's American River Division or any deliveries from 
that Division, its units or facilities.
    (c) No Effect on Allocations.--This section shall not--
            (1) affect the allocation of water to Friant Division 
        contractors; or
            (2) result in the involuntary reduction in contract water 
        allocations to individuals or entities with contracts to 
        receive water from the Friant Division.
    (d) Program for Water Rescheduling.--The Secretary of the Interior 
shall develop and implement a program, not later than 1 year after the 
date of the enactment of this Act, to provide the opportunity for 
individuals or districts that receive Central Valley Project Water 
under water service or repayment contracts or water rights settlement 
contracts within the American River, Sacramento River, Shasta and 
Trinity River Divisions to reschedule water, provided for under their 
Central Valley Project water service, repayment or settlement 
contracts, within the same year or from one year to the next.
    (e) Definition.--In this section, the year type terms used in 
subsection (a) have the meaning given those year types in the 
Sacramento Valley Water Year Type (40-30-30) Index.

SEC. 305. EFFECT ON EXISTING OBLIGATIONS.

    Nothing in this title preempts or modifies any existing obligation 
of the United States under Federal reclamation law to operate the 
Central Valley Project in conformity with State law, including 
established water rights priorities.

                        TITLE IV--MISCELLANEOUS

SEC. 401. WATER SUPPLY ACCOUNTING.

    (a) In General.--All Central Valley Project water, except Central 
Valley Project water released pursuant to U.S. Department of the 
Interior Record of Decision, Trinity River Mainstem Fishery Restoration 
Final Environmental Impact Statement/Environmental Impact Report dated 
December 2000 used to implement an action undertaken for a fishery 
beneficial purpose that was not imposed by terms and conditions 
existing in licenses, permits, and other agreements pertaining to the 
Central Valley Project under applicable State or Federal law existing 
on October 30, 1992, shall be credited to the quantity of Central 
Valley Project yield dedicated and managed under this section; 
provided, that nothing herein shall affect the Secretary of the 
Interior's duty to comply with any otherwise lawful requirement imposed 
on operations of the Central Valley Project under any provision of 
Federal or State law.
    (b) Reclamation Policies and Allocations.--Reclamation policies and 
allocations shall not be based upon any premise or assumption that 
Central Valley Project contract supplies are supplemental or secondary 
to any other contractor source of supply.

SEC. 402. OPERATIONS OF THE TRINITY RIVER DIVISION.

    The Secretary of the Interior, in the operation of the Trinity 
River Division of the Central Valley Project, shall not make releases 
from Lewiston Dam in excess of the volume for each water-year type 
required by the U.S. Department of the Interior Record of Decision, 
Trinity River Mainstem Fishery Restoration Final Environmental Impact 
Statement/Environmental Impact Report dated December 2000.
            (1) A maximum of 369,000 acre-feet in a ``Critically Dry'' 
        year.
            (2) A maximum of 453,000 acre-feet in a ``Dry'' year.
            (3) A maximum of 647,000 acre-feet in a ``Normal'' year.
            (4) A maximum of 701,000 acre-feet in a ``Wet'' year.
            (5) A maximum of 815,000 acre-feet in an ``Extremely Wet'' 
        year.

SEC. 403. REPORT ON RESULTS OF WATER USAGE.

    The Secretary of the Interior, in consultation with the Secretary 
of Commerce and the Secretary of Natural Resources of the State of 
California, shall publish an annual report detailing instream flow 
releases from the Central Valley Project and California State Water 
Project, their explicit purpose and authority, and all measured 
environmental benefit as a result of the releases.

SEC. 404. KLAMATH PROJECT CONSULTATION APPLICANTS.

    If the Bureau of Reclamation initiates or reinitiates consultation 
with the U.S. Fish and Wildlife Service or the National Marine 
Fisheries Service under section 7(a)(2) of the Endangered Species Act 
of 1973 (16 U.S.C. 1536(a)(2)), with respect to construction or 
operation of the Klamath Project (or any part thereof), Klamath Project 
contractors shall be accorded all the rights and responsibilities 
extended to applicants in the consultation process. Upon request of the 
Klamath Project contractors, they may be represented through an 
association or organization.

SEC. 405. CA STATE WATER RESOURCES CONTROL BOARD.

    (a) In General.--In carrying out this Act, the Secretaries shall--
            (1) recognize Congressional opposition to the violation of 
        private property rights by the California State Water Resources 
        Control Board in their proposal to require a minimum percentage 
        of unimpaired flows in the main tributaries of the San Joaquin 
        River; and
            (2) recognize the need to provide reliable water supplies 
        to municipal, industrial, and agricultural users across the 
        State.

SEC. 406. NEW MELONES RESERVOIR.

    The authority under section 4006 of the WIIN Act shall expire 7 
years after the date of the enactment of this Act.

SEC. 407. ACTIONS TO BENEFIT THREATENED AND ENDANGERED SPECIES AND 
              OTHER WILDLIFE.

    None of the funds made available under section 4010(b) of the WIIN 
Act may be used for the acquisition or leasing of land, water for in-
stream purposes if the water is already committed to in-stream 
purposes, or interests in land or water from willing sellers if the 
land, water, or interests are already designated for environmental 
purposes by a court adopted decree or order or cooperative agreement.

SEC. 408. NON-FEDERAL PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN 
              STANISLAUS RIVER.

    The program established under section 4010(d) of the WIIN Act shall 
not sunset before January 1, 2023.

                  TITLE V--WATER SUPPLY PERMITTING ACT

SEC. 501. SHORT TITLE.

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

SEC. 502. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (3) Qualifying projects.--The term ``qualifying 
        projects''--
                    (A) means new surface water storage projects in the 
                States covered under the Act of June 17, 1902 (32 Stat. 
                388, chapter 1093), and Acts supplemental to and 
                amendatory of that Act (43 U.S.C. 371 et seq.) 
                constructed on lands administered by the Department of 
                the Interior or the Department of Agriculture, 
                exclusive of any easement, right-of-way, lease, or any 
                private holding, unless the project applicant elects 
                not to participate in the process authorized by this 
                Act; and
                    (B) includes State-led storage projects (as defined 
                in section 4007(a)(2) of the WIIN Act) for new surface 
                water storage projects in the States covered under the 
                Act of June 17, 1902 (32 Stat. 388, chapter 1093), and 
                Acts supplemental to and amendatory of that Act (43 
                U.S.C. 371 et seq.) constructed on lands administered 
                by the Department of the Interior or the Department of 
                Agriculture, exclusive of any easement, right-of-way, 
                lease, or any private holding, unless the project 
                applicant elects not to participate in the process 
                authorized by this Act.
            (4) 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 503(c).

SEC. 503. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES.

    (a) Establishment of Lead Agency.--The Bureau of Reclamation 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 title 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. 504. BUREAU RESPONSIBILITIES.

    (a) In General.--The principal responsibilities of the Bureau under 
this title are to--
            (1) serve as the point of contact for applicants, State 
        agencies, Indian tribes, and others regarding proposed 
        qualifying projects;
            (2) 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) 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) Pre-application 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 to--
                    (A) explain applicable processes, data 
                requirements, and applicant submissions necessary to 
                complete the required Federal agency reviews within the 
                timeframe established; and
                    (B) 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 one 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 one 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 505.

SEC. 505. COOPERATING AGENCY RESPONSIBILITIES.

    (a) Adherence to Bureau Schedule.--Upon notification of an 
application for a qualifying project, all cooperating agencies shall 
submit to the Bureau a timeframe under which the cooperating agency 
reasonably considers it will be able to complete its authorizing 
responsibilities. The Bureau shall use the timeframe submitted under 
this subsection to establish the project schedule under section 504, 
and the cooperating agencies shall adhere to the project schedule 
established by the Bureau.
    (b) Environmental Record.--Cooperating agencies 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.
    (c) Data Submission.--To the extent practicable and consistent with 
Federal law, the cooperating agencies shall submit all relevant project 
data to the Bureau in a generally accessible electronic format subject 
to the project schedule set forth by the Bureau.

SEC. 506. 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 impact impartial decisionmaking with 
        respect to permits, either substantively or procedurally.
            (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, or the Regional Director's designee, of the 
                region in which the qualifying project or activity is 
                located; 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 cooperating agencies receiving 
        funds under this section for qualifying projects shall ensure 
        that the use of the funds accepted under this section for such 
        projects shall not--
                    (A) impact impartial decisionmaking with respect to 
                the issuance of permits, either substantively or 
                procedurally; or
                    (B) diminish, modify, or otherwise affect the 
                statutory or regulatory authorities of such agencies.
    (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 (a)(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.

          TITLE VI--BUREAU OF RECLAMATION PROJECT STREAMLINING

SEC. 601. SHORT TITLE.

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

SEC. 602. DEFINITIONS.

    In this title:
            (1) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed statement 
        of environmental impacts of a project required to be prepared 
        pursuant to the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            (2) Environmental review process.--
                    (A) In general.--The term ``environmental review 
                process'' means the process of preparing an 
                environmental impact statement, environmental 
                assessment, categorical exclusion, or other document 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for a project study.
                    (B) Inclusions.--The term ``environmental review 
                process'' includes the process for and completion of 
                any environmental permit, approval, review, or study 
                required for a project study under any Federal law 
                other than the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
            (3) Federal jurisdictional agency.--The term ``Federal 
        jurisdictional agency'' means a Federal agency with 
        jurisdiction delegated by law, regulation, order, or otherwise 
        over a review, analysis, opinion, statement, permit, license, 
        or other approval or decision required for a project study 
        under applicable Federal laws (including regulations).
            (4) Federal lead agency.--The term ``Federal lead agency'' 
        means the Bureau of Reclamation.
            (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 party by the Secretary pursuant to the Act of June 
        17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
        and amendatory of that Act (43 U.S.C. 371 et seq.).
            (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. 603. 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 805;
            (2) convene a meeting of all Federal, tribal, and State 
        agencies identified under section 605(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 the enactment of this Act; and
            (3) any recommendations for additional authority necessary 
        to support efforts to expedite the project.
    (f) Final Report.--Not later than 4 years after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Natural Resources of the House of Representatives and the 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 amount of time taken to complete each project 
        study; and
            (3) any recommendations for additional authority necessary 
        to support efforts to expedite the project study process, 
        including an analysis of whether the limitation established by 
        subsection (a)(2) needs to be adjusted to address the impacts 
        of inflation.

SEC. 604. 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. 605. 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 (b) be conducted, to the maximum 
        extent practicable, concurrently with any other applicable 
        governmental agency or Indian tribe.
            (3) Timing.--The coordinated environmental review process 
        under this subsection shall be completed not later than the 
        date on which the Secretary, in consultation and concurrence 
        with the agencies identified under section 705(d), establishes 
        with respect to the project study.
    (c) Lead Agencies.--
            (1) Joint lead agencies.--
                    (A) In general.--Subject to the requirements of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and the requirements of section 1506.8 of 
                title 40, Code of Federal Regulations (or successor 
                regulations), including the concurrence of the proposed 
                joint lead agency, a project sponsor may serve as the 
                joint lead agency.
                    (B) Project sponsor as joint lead agency.--A 
                project sponsor that is a State or local governmental 
                entity may--
                            (i) with the concurrence of the Secretary, 
                        serve as a joint lead agency with the Federal 
                        lead agency for purposes of preparing any 
                        environmental document under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.); and
                            (ii) prepare any environmental review 
                        process document under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) required in support of any action 
                        or approval by the Secretary if--
                                    (I) the Secretary provides guidance 
                                in the preparation process and 
                                independently evaluates that document;
                                    (II) the project sponsor complies 
                                with all requirements applicable to the 
                                Secretary under--
                                            (aa) the National 
                                        Environmental Policy Act of 
                                        1969 (42 U.S.C. 4321 et seq.);
                                            (bb) any regulation 
                                        implementing that Act; and
                                            (cc) any other applicable 
                                        Federal law; and
                                    (III) the Secretary approves and 
                                adopts the document before the 
                                Secretary takes any subsequent action 
                                or makes any approval based on that 
                                document, regardless of whether the 
                                action or approval of the Secretary 
                                results in Federal funding.
            (2) Duties.--The Secretary shall ensure that--
                    (A) the project sponsor complies with all design 
                and mitigation commitments made jointly by the 
                Secretary and the project sponsor in any environmental 
                document prepared by the project sponsor in accordance 
                with this subsection; and
                    (B) any environmental document prepared by the 
                project sponsor is appropriately supplemented to 
                address any changes to the project the Secretary 
                determines are necessary.
            (3) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection shall be 
        adopted and used by any Federal agency making any determination 
        related to the project study to the same extent that the 
        Federal agency could adopt or use a document prepared by 
        another Federal agency under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) parts 1500 through 1508 of title 40, Code of 
                Federal Regulations (or successor regulations).
            (4) Roles and responsibility of lead agency.--With respect 
        to the environmental review process for any project study, the 
        Federal lead agency shall have authority and responsibility--
                    (A) to take such actions as are necessary and 
                proper and within the authority of the Federal lead 
                agency to facilitate the expeditious resolution of the 
                environmental review process for the project study; and
                    (B) to prepare or ensure that any required 
                environmental impact statement or other environmental 
                review document for a project study required to be 
                completed under the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.) is completed in 
                accordance with this section and applicable Federal 
                law.
    (d) Participating and Cooperating Agencies.--
            (1) Identification of jurisdictional agencies.--With 
        respect to carrying out the environmental review process for a 
        project study, the Secretary shall identify, as early as 
        practicable in the environmental review process, all Federal, 
        State, and local government agencies and Indian tribes that 
        may--
                    (A) have jurisdiction over the project;
                    (B) be required by law to conduct or issue a 
                review, analysis, opinion, or statement for the project 
                study; or
                    (C) be required to make a determination on issuing 
                a permit, license, or other approval or decision for 
                the project study.
            (2) State authority.--If the environmental review process 
        is being implemented by the Secretary for a project study 
        within the boundaries of a State, the State, consistent with 
        State law, may choose to participate in the process and to make 
        subject to the process all State agencies that--
                    (A) have jurisdiction over the project;
                    (B) are required to conduct or issue a review, 
                analysis, opinion, or statement for the project study; 
                or
                    (C) are required to make a determination on issuing 
                a permit, license, or other approval or decision for 
                the project study.
            (3) Invitation.--
                    (A) In general.--The Federal lead agency shall 
                invite, as early as practicable in the environmental 
                review process, any agency identified under paragraph 
                (1) to become a participating or cooperating agency, as 
                applicable, in the environmental review process for the 
                project study.
                    (B) Deadline.--An invitation to participate issued 
                under subparagraph (A) shall set a deadline by which a 
                response to the invitation shall be submitted, which 
                may be extended by the Federal lead agency for good 
                cause.
            (4) Procedures.--Section 1501.6 of title 40, Code of 
        Federal Regulations (as in effect on the date of enactment of 
        the Bureau of Reclamation Project Streamlining 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 such a project as a 
non-Federal project, including, but not limited to, entering into 
agreements with the non-Federal sponsor of such project to support the 
planning, design and permitting of such project as a non-Federal 
project.
    (g) Programmatic Compliance.--
            (1) In general.--The Secretary shall issue guidance 
        regarding the use of programmatic approaches to carry out the 
        environmental review process that--
                    (A) eliminates repetitive discussions of the same 
                issues;
                    (B) focuses on the actual issues ripe for analyses 
                at each level of review;
                    (C) establishes a formal process for coordinating 
                with participating and cooperating agencies, including 
                the creation of a list of all data that are needed to 
                carry out an environmental review process; and
                    (D) complies with--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (ii) all other applicable laws.
            (2) Requirements.--In carrying out paragraph (1), the 
        Secretary shall--
                    (A) as the first step in drafting guidance under 
                that paragraph, consult with relevant Federal, State, 
                and local governmental agencies, Indian tribes, and the 
                public on the appropriate use and scope of the 
                programmatic approaches;
                    (B) emphasize the importance of collaboration among 
                relevant Federal, State, and local governmental 
                agencies, and Indian tribes in undertaking programmatic 
                reviews, especially with respect to including reviews 
                with a broad geographical scope;
                    (C) ensure that the programmatic reviews--
                            (i) promote transparency, including of the 
                        analyses and data used in the environmental 
                        review process, the treatment of any deferred 
                        issues raised by Federal, State, and local 
                        governmental agencies, Indian tribes, or the 
                        public, and the temporal and special scales to 
                        be used to analyze those issues;
                            (ii) use accurate and timely information in 
                        the environmental review process, including--
                                    (I) criteria for determining the 
                                general duration of the usefulness of 
                                the review; and
                                    (II) the timeline for updating any 
                                out-of-date review;
                            (iii) describe--
                                    (I) the relationship between 
                                programmatic analysis and future tiered 
                                analysis; and
                                    (II) the role of the public in the 
                                creation of future tiered analysis; and
                            (iv) are available to other relevant 
                        Federal, State, and local governmental 
                        agencies, Indian tribes, and the public;
                    (D) allow not fewer than 60 days of public notice 
                and comment on any proposed guidance; and
                    (E) address any comments received under 
                subparagraph (D).
    (h) Coordinated Reviews.--
            (1) Coordination plan.--
                    (A) Establishment.--The Federal lead agency shall, 
                after consultation with and with the concurrence of 
                each participating and cooperating agency and the 
                project sponsor or joint lead agency, as applicable, 
                establish a plan for coordinating public and agency 
                participation in, and comment on, the environmental 
                review process for a project study or a category of 
                project studies.
                    (B) Schedule.--
                            (i) In general.--As soon as practicable but 
                        not later than 45 days after the close of the 
                        public comment period on a draft environmental 
                        impact statement, the Federal lead agency, 
                        after consultation with and the concurrence of 
                        each participating and cooperating agency and 
                        the project sponsor or joint lead agency, as 
                        applicable, shall establish, as part of the 
                        coordination plan established in subparagraph 
                        (A), a schedule for completion of the 
                        environmental review process for the project 
                        study.
                            (ii) Factors for consideration.--In 
                        establishing a schedule, the Secretary shall 
                        consider factors such as--
                                    (I) the responsibilities of 
                                participating and cooperating agencies 
                                under applicable laws;
                                    (II) the resources available to the 
                                project sponsor, joint lead agency, and 
                                other relevant Federal and State 
                                agencies, as applicable;
                                    (III) the overall size and 
                                complexity of the project;
                                    (IV) the overall schedule for and 
                                cost of the project; and
                                    (V) the sensitivity of the natural 
                                and historical resources that could be 
                                affected by the project.
                            (iii) Modifications.--The Secretary may--
                                    (I) lengthen a schedule established 
                                under clause (i) for good cause; and
                                    (II) shorten a schedule only with 
                                concurrence of the affected 
                                participating and cooperating agencies 
                                and the project sponsor or joint lead 
                                agency, as applicable.
                            (iv) Dissemination.--A copy of a schedule 
                        established under clause (i) shall be--
                                    (I) provided to each participating 
                                and cooperating agency and the project 
                                sponsor or joint lead agency, as 
                                applicable; and
                                    (II) made available to the public.
            (2) Comment deadlines.--The Federal lead agency shall 
        establish the following deadlines for comment during the 
        environmental review process for a project study:
                    (A) Draft environmental impact statements.--For 
                comments by Federal and State agencies and the public 
                on a draft environmental impact statement, a period of 
                not more than 60 days after publication in the Federal 
                Register of notice of the date of public availability 
                of the draft environmental impact statement, unless--
                            (i) a different deadline is established by 
                        agreement of the Federal lead agency, the 
                        project sponsor or joint lead agency, as 
                        applicable, and all participating and 
                        cooperating agencies; or
                            (ii) the deadline is extended by the 
                        Federal lead agency for good cause.
                    (B) Other environmental review processes.--For all 
                other comment periods established by the Federal lead 
                agency for agency or public comments in the 
                environmental review process, a period of not more than 
                30 days after the date on which the materials on which 
                comment is requested are made available, unless--
                            (i) a different deadline is established by 
                        agreement of the Federal lead agency, the 
                        project sponsor, or joint lead agency, as 
                        applicable, and all participating and 
                        cooperating agencies; or
                            (ii) the deadline is extended by the 
                        Federal lead agency for good cause.
            (3) Deadlines for decisions under other laws.--In any case 
        in which a decision under any Federal law relating to a project 
        study, including the issuance or denial of a permit or license, 
        is required to be made by the date described in subsection 
        (i)(5)(B), the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        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 such date as all 
                decisions of the Federal agency relating to the project 
                study have been made by the Federal agency, an 
                additional notice that describes the number of 
                decisions of the Federal agency that remain outstanding 
                as of the date of the additional notice.
            (4) Involvement of the public.--Nothing in this subsection 
        reduces any time period provided for public comment in the 
        environmental review process under applicable Federal law 
        (including regulations).
            (5) Transparency reporting.--
                    (A) Reporting requirements.--Not later than 1 year 
                after the date of enactment of this Act, the Secretary 
                shall establish and maintain an electronic database 
                and, in coordination with other Federal and State 
                agencies, issue reporting requirements to make publicly 
                available the status and progress with respect to 
                compliance with applicable requirements of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and any other Federal, State, or local approval 
                or action required for a project study for which this 
                section is applicable.
                    (B) Project study transparency.--Consistent with 
                the requirements established under subparagraph (A), 
                the Secretary shall make publicly available the status 
                and progress of any Federal, State, 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 title and any other Federal law as a 
                        result of a failure of the agency to make a 
                        decision by an applicable deadline for 
                        environmental review, including the total 
                        amount transferred under this paragraph, shall 
                        not exceed an amount equal to 9.5 percent of 
                        the funds made available for the agency office 
                        for that fiscal year.
                    (D) Notification of transfers.--Not later than 10 
                days after the last date in a fiscal year on which 
                funds of the Federal jurisdictional agency may be 
                transferred under subparagraph (B)(5) with respect to 
                an individual decision, the agency shall submit to the 
                appropriate committees of the House of Representatives 
                and the Senate written notification that includes a 
                description of--
                            (i) the decision;
                            (ii) the project study involved;
                            (iii) the amount of each transfer under 
                        subparagraph (B) in that fiscal year relating 
                        to the decision;
                            (iv) the total amount of all transfers 
                        under subparagraph (B) in that fiscal year 
                        relating to the decision; and
                            (v) the total amount of all transfers of 
                        the agency under subparagraph (B) in that 
                        fiscal year.
                    (E) No fault of agency.--
                            (i) In general.--A transfer of funds under 
                        this paragraph shall not be made if the 
                        applicable agency described in subparagraph (A) 
                        notifies, with a supporting explanation, the 
                        Federal lead agency, cooperating agencies, and 
                        project sponsor, as applicable, that--
                                    (I) the agency has not received 
                                necessary information or approvals from 
                                another entity in a manner that affects 
                                the ability of the agency to meet any 
                                requirements under Federal, State, or 
                                local law;
                                    (II) significant new information, 
                                including from public comments, or 
                                circumstances, including a major 
                                modification to an aspect of the 
                                project, requires additional analysis 
                                for the agency to make a decision on 
                                the project application; or
                                    (III) the agency lacks the 
                                financial resources to complete the 
                                review under the scheduled timeframe, 
                                including a description of the number 
                                of full-time employees required to 
                                complete the review, the amount of 
                                funding required to complete the 
                                review, and a justification as to why 
                                not enough funding is available to 
                                complete the review by the deadline.
                            (ii) Lack of financial resources.--If the 
                        agency provides notice under clause (i)(III), 
                        the Inspector General of the agency shall--
                                    (I) conduct a financial audit to 
                                review the notice; and
                                    (II) not later than 90 days after 
                                the date on which the review described 
                                in subclause (I) is completed, submit 
                                to the Committee on Natural Resources 
                                of the House of Representatives and the 
                                Committee on Energy and Natural 
                                Resources of the Senate the results of 
                                the audit conducted under subclause 
                                (I).
                    (F) Limitation.--The Federal agency from which 
                funds are transferred pursuant to this paragraph shall 
                not reprogram funds to the office of the head of the 
                agency, or equivalent office, to reimburse that office 
                for the loss of the funds.
                    (G) Effect of paragraph.--Nothing in this paragraph 
                affects or limits the application of, or obligation to 
                comply with, any Federal, State, local, or tribal law.
    (j) Memorandum of Agreements for Early Coordination.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) the Secretary and other Federal agencies with 
                relevant jurisdiction in the environmental review 
                process should cooperate with each other, State and 
                local agencies, and Indian tribes on environmental 
                review and Bureau of Reclamation project delivery 
                activities at the earliest practicable time to avoid 
                delays and duplication of effort later in the process, 
                prevent potential conflicts, and ensure that planning 
                and project development decisions reflect environmental 
                values; and
                    (B) the cooperation referred to in subparagraph (A) 
                should include the development of policies and the 
                designation of staff that advise planning agencies and 
                project sponsors of studies or other information 
                foreseeably required for later Federal action and early 
                consultation with appropriate State and local agencies 
                and Indian tribes.
            (2) Technical assistance.--If requested at any time by a 
        State or project sponsor, the Secretary and other Federal 
        agencies with relevant jurisdiction in the environmental review 
        process, shall, to the maximum extent practicable and 
        appropriate, as determined by the agencies, provide technical 
        assistance to the State or project sponsor in carrying out 
        early coordination activities.
            (3) Memorandum of agency agreement.--If requested at any 
        time by a State or project sponsor, the Federal lead agency, in 
        consultation with other Federal agencies with relevant 
        jurisdiction in the environmental review process, may establish 
        memoranda of agreement with the project sponsor, Indian tribes, 
        State and local governments, and other appropriate entities to 
        carry out the early coordination activities, including 
        providing technical assistance in identifying potential impacts 
        and mitigation issues in an integrated fashion.
    (k) Limitations.--Nothing in this section preempts or interferes 
with--
            (1) any obligation to comply with the provisions of any 
        Federal law, including--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) any other Federal environmental law;
            (2) the reviewability of any final Federal agency action in 
        a court of the United States or in the court of any State;
            (3) any requirement for seeking, considering, or responding 
        to public comment; or
            (4) any power, jurisdiction, responsibility, duty, or 
        authority that a Federal, State, or local governmental agency, 
        Indian tribe, or project sponsor has with respect to carrying 
        out a project or any other provision of law applicable to 
        projects.
    (l) Timing of Claims.--
            (1) Timing.--
                    (A) In general.--Notwithstanding any other 
                provision of law, a claim arising under Federal law 
                seeking judicial review of a permit, license, or other 
                approval issued by a Federal agency for a project study 
                shall be barred unless the claim is filed not later 
                than 3 years after publication of a notice in the 
                Federal Register announcing that the permit, license, 
                or other approval is final pursuant to the law under 
                which the agency action is taken, unless a shorter time 
                is specified in the Federal law that allows judicial 
                review.
                    (B) Applicability.--Nothing in this subsection 
                creates a right to judicial review or places any limit 
                on filing a claim that a person has violated the terms 
                of a permit, license, or other approval.
            (2) New information.--
                    (A) In general.--The Secretary shall consider new 
                information received after the close of a comment 
                period if the information satisfies the requirements 
                for a supplemental environmental impact statement under 
                title 40, Code of Federal Regulations (including 
                successor regulations).
                    (B) Separate action.--The preparation of a 
                supplemental environmental impact statement or other 
                environmental document, if required under this section, 
                shall be considered a separate final agency action and 
                the deadline for filing a claim for judicial review of 
                the action shall be 3 years after the date of 
                publication of a notice in the Federal Register 
                announcing the action relating to such supplemental 
                environmental impact statement or other environmental 
                document.
    (m) Categorical Exclusions.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall--
                    (A) survey the use by the Bureau of Reclamation 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 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 successor regulations), if the repair or 
reconstruction activity is--
            (1) in the same location with the same capacity, 
        dimensions, and design as the original Bureau of Reclamation 
        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. 606. ANNUAL REPORT TO CONGRESS.

    (a) In General.--Not later than February 1 of each year, the 
Secretary shall develop and submit to the Committee on Natural 
Resources of the House of Representatives and the 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 (c)(1)(A).
            (2) Proposed project studies.--Any proposed project study 
        submitted to the Secretary by a non-Federal interest pursuant 
        to subsection (b) that meets the criteria established in 
        subsection (c)(1)(A).
            (3) Proposed modifications.--Any proposed modification to 
        an authorized water project or project study that meets the 
        criteria established in subsection (c)(1)(A) that--
                    (A) is submitted to the Secretary by a non-Federal 
                interest pursuant to subsection (b); or
                    (B) is identified by the Secretary for 
                authorization.
            (4) Expedited completion of report and determinations.--Any 
        project study that was expedited and any Secretarial 
        determinations under section 804.
    (b) Requests for Proposals.--
            (1) Publication.--Not later than May 1 of each year, the 
        Secretary shall publish in the Federal Register a notice 
        requesting proposals from non-Federal interests for proposed 
        project studies and proposed modifications to authorized 
        projects and project studies to be included in the annual 
        report.
            (2) Deadline for requests.--The Secretary shall include in 
        each notice required by this subsection a requirement that non-
        Federal interests submit to the Secretary any proposals 
        described in paragraph (1) by not later than 120 days after the 
        date of publication of the notice in the Federal Register in 
        order for the proposals to be considered for inclusion in the 
        annual report.
            (3) Notification.--On the date of publication of each 
        notice required by this subsection, the Secretary shall--
                    (A) make the notice publicly available, including 
                on the Internet; and
                    (B) provide written notification of the publication 
                to the Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate.
    (c) Contents.--
            (1) Project reports, proposed project studies, and proposed 
        modifications.--
                    (A) Criteria for inclusion in report.--The 
                Secretary shall include in the annual report only those 
                project reports, proposed project studies, and proposed 
                modifications to authorized projects and project 
                studies that--
                            (i) are related to the missions and 
                        authorities of the Bureau of Reclamation;
                            (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 extent 
                practicable--
                            (i) for each proposed project study 
                        included in the annual report, the non-Federal 
                        interest that submitted the proposed project 
                        study pursuant to subsection (b); and
                            (ii) for each proposed project study and 
                        proposed modification to a project or project 
                        study included in the annual report, whether 
                        the non-Federal interest has demonstrated--
                                    (I) that local support exists for 
                                the proposed project study or proposed 
                                modification to an authorized project 
                                or project study (including the surface 
                                water storage development project that 
                                is the subject of the proposed 
                                feasibility study or the proposed 
                                modification to an authorized project 
                                study); and
                                    (II) the financial ability to 
                                provide the required non-Federal cost 
                                share.
            (2) Transparency.--The Secretary shall include in the 
        annual report, for each project report, proposed project study, 
        and proposed modification to a project or project study 
        included under paragraph (1)(A)--
                    (A) the name of the associated non-Federal 
                interest, including the name of any non-Federal 
                interest that has contributed, or is expected to 
                contribute, a non-Federal share of the cost of--
                            (i) the project report;
                            (ii) the proposed project study;
                            (iii) the authorized project study for 
                        which the modification is proposed; or
                            (iv) construction of--
                                    (I) the project that is the subject 
                                of--
                                            (aa) the water report;
                                            (bb) the proposed project 
                                        study; or
                                            (cc) the authorized project 
                                        study for which a modification 
                                        is proposed; or
                                    (II) the proposed modification to a 
                                project;
                    (B) a letter or statement of support for the water 
                report, proposed project study, or proposed 
                modification to a project or project study from each 
                associated non-Federal interest;
                    (C) the purpose of the feasibility report, proposed 
                feasibility study, or proposed modification to a 
                project or project study;
                    (D) an estimate, to the extent practicable, of the 
                Federal, non-Federal, and total costs of--
                            (i) the proposed modification to an 
                        authorized project study; and
                            (ii) construction of--
                                    (I) the project that is the subject 
                                of--
                                            (aa) the project report; or
                                            (bb) the authorized project 
                                        study for which a modification 
                                        is proposed, with respect to 
                                        the change in costs resulting 
                                        from such modification; or
                                    (II) the proposed modification to 
                                an authorized project; and
                    (E) an estimate, to the extent practicable, of the 
                monetary and nonmonetary benefits of--
                            (i) the project that is the subject of--
                                    (I) the project report; or
                                    (II) the authorized project study 
                                for which a modification is proposed, 
                                with respect to the benefits of such 
                                modification; or
                            (ii) the proposed modification to an 
                        authorized project.
            (3) Certification.--The Secretary shall include in the 
        annual report a certification stating that each feasibility 
        report, proposed feasibility study, and proposed modification 
        to a project or project study included in the annual report 
        meets the criteria established in paragraph (1)(A).
            (4) Appendix.--The Secretary shall include in the annual 
        report an appendix listing the proposals submitted under 
        subsection (b) that were not included in the annual report 
        under paragraph (1)(A) and a description of why the Secretary 
        determined that those proposals did not meet the criteria for 
        inclusion under such paragraph.
    (d) Special Rule for Initial Annual Report.--Notwithstanding any 
other deadlines required by this section, the Secretary shall--
            (1) not later than 60 days after the date of enactment of 
        this Act, publish in the Federal Register a notice required by 
        subsection (b)(1); and
            (2) include in such notice a requirement that non-Federal 
        interests submit to the Secretary any proposals described in 
        subsection (b)(1) by not later than 120 days after the date of 
        publication of such notice in the Federal Register in order for 
        such proposals to be considered for inclusion in the first 
        annual report developed by the Secretary under this section.
    (e) Publication.--Upon submission of an annual report to Congress, 
the Secretary shall make the annual report publicly available, 
including through publication on the Internet.
    (f) Definition.--In this section, the term ``project report'' means 
a final feasibility report developed under the Reclamation Act of 1902 
(32 Stat. 388), and all Acts amendatory thereof or supplementary 
thereto.

SEC. 607. APPLICABILITY OF WIIN ACT.

    Sections 4007 and 4009 of the WIIN Act (Public Law 114-322) shall 
not apply to any project (as defined in section 602 of this Act).

                   TITLE VII--WATER RIGHTS PROTECTION

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Water Rights Protection Act of 
2017''.

SEC. 702. DEFINITIONS.

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

SEC. 703. TREATMENT OF WATER RIGHTS.

    The Secretary shall not--
            (1) condition the issuance, renewal, amendment, or 
        extension of any permit, approval, license, lease, allotment, 
        easement, right-of-way, or other land use or occupancy 
        agreement on the transfer of any water right (including joint 
        and sole ownership) directly or indirectly to the United 
        States, or on any impairment of title or interest, in whole or 
        in part, granted or otherwise recognized under State law, by 
        Federal or State adjudication, decree, or other judgment, or 
        pursuant to any interstate water compact; or
            (2) require any water user to apply for or acquire a water 
        right in the name of the United States under State law as a 
        condition of the issuance, renewal, amendment, or extension of 
        any permit, approval, license, lease, allotment, easement, 
        right-of-way, or other land use or occupancy agreement.

SEC. 704. POLICY DEVELOPMENT.

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

SEC. 705. EFFECT.

    (a) Existing Authority.--Nothing in this title limits or expands 
any existing legally recognized authority of the Secretary to issue, 
grant, or condition any permit, approval, license, lease, allotment, 
easement, right-of-way, or other land use or occupancy agreement on 
Federal land that is subject to the jurisdiction of the Secretary.
    (b) Reclamation Contracts.--Nothing in this title in any way 
interferes with any existing or future Bureau of Reclamation contract 
entered into pursuant to Federal reclamation law (the Act of June 17, 
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and 
amendatory of that Act).
    (c) Endangered Species Act.--Nothing in this title affects the 
implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.).
    (d) Federal Reserved Water Rights.--Nothing in this title limits or 
expands any existing reserved water rights of the Federal Government on 
land administered by the Secretary.
    (e) Federal Power Act.--Nothing in this title limits or expands 
authorities pursuant to sections 4(e), 10(j), or 18 of the Federal 
Power Act (16 U.S.C. 797(e), 803(j), 811).
    (f) Indian Water Rights.--Nothing in this title shall have any 
effect on tribal water rights or their adjudication, or the protection, 
settlement, or enforcement and/or administration of such rights by 
either Indian tribes or the United States as trustee for Indian tribes.
    (g) Federally Held State Water Rights.--Nothing in this title 
limits the ability of the Secretary, through applicable State 
procedures, to acquire, use, enforce, or protect a State water right 
owned by the United States.

            Passed the House of Representatives July 12, 2017.

            Attest:

                                                                 Clerk.
115th CONGRESS

  1st Session

                                H. R. 23

_______________________________________________________________________

                                 AN ACT

  To provide drought relief in the State of California, and for other 
                               purposes.