[House Report 115-1001]
[From the U.S. Government Publishing Office]


115th Congress    }                                         {   Report
                         HOUSE OF REPRESENTATIVES
 2d Session       }                                         {  115-1001

======================================================================



 
   BUREAU OF RECLAMATION AND BUREAU OF INDIAN AFFAIRS WATER PROJECT 
                            STREAMLINING ACT

                                _______
                                

November 2, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4419]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4419) to facilitate and streamline the Bureau of 
Reclamation and Bureau of Indian Affairs processes for creating 
or expanding certain water projects, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  This Act may be cited as the ``Bureau of Reclamation and Bureau of 
Indian Affairs Water Project Streamlining Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Environmental impact statement.--The term ``environmental 
        impact statement'' means the detailed statement of 
        environmental impacts of a project required to be prepared 
        pursuant to the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
          (2) Environmental review process.--
                  (A) In general.--The term ``environmental review 
                process'' means the process of preparing an 
                environmental impact statement, environmental 
                assessment, categorical exclusion, or other document 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for a project study.
                  (B) Inclusions.--The term ``environmental review 
                process'' includes the process for and completion of 
                any environmental permit, approval, review, or study 
                required for a project study under any Federal law 
                other than the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
          (3) Federal jurisdictional agency.--The term ``Federal 
        jurisdictional agency'' means a Federal agency with 
        jurisdiction delegated by law, regulation, order, or otherwise 
        over a review, analysis, opinion, statement, permit, license, 
        or other approval or decision required for a project study 
        under applicable Federal laws (including regulations).
          (4) Federal lead agency.--The term ``Federal lead agency'' 
        means the Bureau of Reclamation or Bureau of Indian Affairs.
          (5) Project.--The term ``project'' means--
                  (A) a surface water project, a project under the 
                purview of title XVI of Public Law 102-575, a rural 
                water supply project investigated under Public Law 109-
                451, or a Federal portion of an integrated water 
                resource management plan that has been subject to a 
                review under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) and is to be carried out, 
                funded or operated in whole or in party by the 
                Secretary pursuant to the Act of June 17, 1902 (32 
                Stat. 388, chapter 1093), and Acts supplemental to and 
                amendatory of that Act (43 U.S.C. 371 et seq.); or
                  (B) Indian irrigation projects in the western United 
                States that, on the date of enactment of this Act, are 
                owned by the Federal Government, as listed in the 
                Federal inventory required by Executive Order 13327 (40 
                U.S.C. 121 note; relating to Federal real property 
                asset management).
          (6) Project sponsor.--The term ``project sponsor'' means a 
        State, regional, tribal, or local authority or instrumentality 
        or other qualifying entity, such as a water conservation 
        district, irrigation district, water conservancy district, 
        joint powers authority, mutual water company, canal company, 
        rural water district or association, or any other entity that 
        has the capacity to contract with the United States under 
        Federal reclamation law.
          (7) Project study.--The term ``project study'' means a 
        feasibility study for a project carried out pursuant to the Act 
        of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
        supplemental to and amendatory of that Act (43 U.S.C. 371 et 
        seq.).
          (8) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (9) Surface water storage.--The term ``surface water 
        storage'' means any surface water reservoir or impoundment that 
        would be owned, funded or operated in whole or in part by the 
        Bureau of Reclamation or the Bureau of Indian Affairs or that 
        would be integrated into a larger system owned, operated or 
        administered in whole or in part by the Bureau of Reclamation 
        or the Bureau of Indian Affairs.

SEC. 3. ACCELERATION OF STUDIES.

  (a) In General.--To the extent practicable, a project study initiated 
by the Secretary, after the date of enactment of this Act, shall--
          (1) result in the completion of a final feasibility report 
        not later than 3 years after the date of initiation;
          (2) have a maximum Federal cost of $3,000,000; and
          (3) ensure that personnel from the local project area, 
        region, and headquarters levels of the Bureau of Reclamation or 
        the Bureau of Indian Affairs concurrently conduct the review 
        required under that section.
  (b) Extension.--If the Secretary determines that a project study 
described in subsection (a) will not be conducted in accordance with 
subsection (a), the Secretary, not later than 30 days after the date of 
making the determination, shall--
          (1) prepare an updated project study schedule and cost 
        estimate;
          (2) notify the non-Federal project cost-sharing partner that 
        the project study has been delayed; and
          (3) provide written notice to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate as to the reasons 
        the requirements of subsection (a) are not attainable.
  (c) Exception.--
          (1) In general.--Notwithstanding the requirements of 
        subsection (a), the Secretary may extend the timeline of a 
        project study by a period not to exceed 3 years, if the 
        Secretary determines that the project study is too complex to 
        comply with the requirements of subsection (a).
          (2) Factors.--In making a determination that a study is too 
        complex to comply with the requirements of subsection (a), the 
        Secretary shall consider--
                  (A) the type, size, location, scope, and overall cost 
                of the project;
                  (B) whether the project will use any innovative 
                design or construction techniques;
                  (C) whether the project will require significant 
                action by other Federal, State, or local agencies;
                  (D) whether there is significant public dispute as to 
                the nature or effects of the project; and
                  (E) whether there is significant public dispute as to 
                the economic or environmental costs or benefits of the 
                project.
          (3) Notification.--Each time the Secretary makes a 
        determination under this subsection, the Secretary shall 
        provide written notice to the Committee on Natural Resources of 
        the House of Representatives and the Committees on Energy and 
        Natural Resources and Indian Affairs of the Senate as to the 
        results of that determination, including an identification of 
        the specific one or more factors used in making the 
        determination that the project is complex.
          (4) Limitation.--The Secretary shall not extend the timeline 
        for a project study for a period of more than 7 years, and any 
        project study that is not completed before that date shall no 
        longer be authorized.
  (d) Reviews.--Not later than 90 days after the date of the initiation 
of a project study described in subsection (a), the Secretary shall--
          (1) take all steps necessary to initiate the process for 
        completing federally mandated reviews that the Secretary is 
        required to complete as part of the study, including the 
        environmental review process under section 5;
          (2) convene a meeting of all Federal, tribal, and State 
        agencies identified under section 5(d) that may--
                  (A) have jurisdiction over the project;
                  (B) be required by law to conduct or issue a review, 
                analysis, opinion, or statement for the project study; 
                or
                  (C) be required to make a determination on issuing a 
                permit, license, or other approval or decision for the 
                project study; and
          (3) take all steps necessary to provide information that will 
        enable required reviews and analyses related to the project to 
        be conducted by other agencies in a thorough and timely manner.
  (e) Interim Report.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Natural Resources of the House of Representatives and the Committees on 
Energy and Natural Resources and Indian Affairs of the Senate and make 
publicly available a report that describes--
          (1) the status of the implementation of the planning process 
        under this section, including the number of participating 
        projects;
          (2) a review of project delivery schedules, including a 
        description of any delays on those studies initiated prior to 
        the date of the enactment of this Act; and
          (3) any recommendations for additional authority necessary to 
        support efforts to expedite the project.
  (f) Final Report.--Not later than 4 years after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committees on Energy 
and Natural Resources and Indian Affairs of the Senate and make 
publicly available a report that describes--
          (1) the status of the implementation of this section, 
        including a description of each project study subject to the 
        requirements of this section;
          (2) the amount of time taken to complete each project study; 
        and
          (3) any recommendations for additional authority necessary to 
        support efforts to expedite the project study process, 
        including an analysis of whether the limitation established by 
        subsection (a)(2) needs to be adjusted to address the impacts 
        of inflation.

SEC. 4. EXPEDITED COMPLETION OF REPORTS.

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

SEC. 5. PROJECT ACCELERATION.

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

SEC. 6. ANNUAL REPORT TO CONGRESS.

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

SEC. 7. APPLICABILITY OF THE WIIN ACT.

  Sections 3221 through 3226, 4007 and 4009 of the WIIN Act (Public Law 
114-322) shall not apply to any project (as defined in section 2 of 
this Act).

SEC. 8. PROJECT AUTHORIZATIONS.

  The following projects for water resources development and 
conservation and other purposes, as identified in the following reports 
and correspondence are authorized to be carried out by the Secretary 
substantially in accordance with the plans, and subject to the 
conditions, described in the respective reports and correspondence 
designated in this section:


------------------------------------------------------------------------
                                    Date of
   State           Name           Feasibility        Estimated Costs
                                    Report
------------------------------------------------------------------------
WA           Yakima Basin      March 2, 2012     Non-Federal:
              Integrated Plan-                    $627,000,000
              Initial                            Federal: $92,100,000
              Development                        Total: $719,100,000
              Phase
------------------------------------------------------------------------
KS           Equus Beds        January 19, 2010  Non-Federal:
              Division of the                     $90,000,000
              Wichita Project                    Federal: $30,000,000
                                                 Total: $120,000,000
------------------------------------------------------------------------
MT           Musselshell-      July 31, 2015     Non-Federal:
              Judith Rural                        $21,801,000
              Water System                       Federal: $65,301,000
                                                 Total: $87,102,000
------------------------------------------------------------------------

SEC. 9. DEAUTHORIZATIONS.

  (a) Purposes; Definitions.--
          (1) Purposes.--The purposes of this section are--
                  (A) to identify $187,401,000 in Bureau of Reclamation 
                projects and programs that are no longer feasible due 
                to--
                          (i) a lack of local support;
                          (ii) a lack of available Federal or non-
                        Federal resources; or
                          (iii) an authorized purpose that is no longer 
                        relevant or feasible;
                  (B) to establish an efficient and transparent process 
                for deauthorizing Bureau of Reclamation projects and 
                programs that have failed to receive a minimum level of 
                investment, thereby ensuring active projects can move 
                forward while reducing the backlog of authorized 
                projects;
                  (C) to create an expedited and definitive process to 
                deauthorize Reclamation projects and programs;
                  (D) to allow the continued authorization of programs 
                and projects that are feasible; and
                  (E) to establish a process for identifying authorized 
                Bureau of Reclamation projects and programs that are no 
                longer--
                          (i) in the Federal interest; or
                          (ii) feasible.
          (2) Definitions.--In this section:
                  (A) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior.
                  (B) Reclamation project or program.--The term 
                ``Reclamation project and program'' includes any 
                project or program that is administered by the Bureau 
                of Reclamation.
  (b) Comprehensive Reports.--
          (1) Minimum funding list.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary shall submit 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives, and make available on a publicly accessible 
        Internet website in a manner that is downloadable, searchable, 
        and sortable, a list of--
                  (A) reclamation programs that are authorized and for 
                which funding was obligated during the current fiscal 
                year or any of the preceding 5 fiscal years;
                  (B) projects or separable elements of projects 
                authorized for construction for which funding has been 
                obligated during the current fiscal year or any of the 
                5 preceding fiscal years; and
                  (C) for each project or element of a project listed 
                pursuant to subparagraph (B)--
                          (i) the amount of funding obligated for each 
                        such project or separable element per fiscal 
                        year;
                          (ii) the current phase of each such project 
                        or separable element; and
                          (iii) the amount required to complete the 
                        current phase of each such project or separable 
                        element.
          (2) Backlog report.--With the report required under paragraph 
        (1), the Secretary shall submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Natural 
        Resources of the House of Representatives, and make available 
        on a publicly accessible Internet website in a manner that is 
        downloadable, searchable, and sortable, a list of--
                  (A) programs that are authorized and for which 
                funding was not obligated during the current fiscal 
                year or any of the preceding 5 fiscal years;
                  (B) projects or separable elements that are 
                authorized for construction but have not been 
                completed; and
                  (C) for each project or separable element listed 
                pursuant to subparagraph (B)--
                          (i) the date of authorization of the project 
                        or separable element, including any subsequent 
                        modifications to the original authorization;
                          (ii) the original budget authority for the 
                        project or separable element;
                          (iii) a brief description of the project or 
                        separable element;
                          (iv) the estimated date of completion of the 
                        project or separable element;
                          (v) the estimated cost of completion of the 
                        project or separable element; and
                          (vi) any amounts appropriated for the project 
                        or separable element that remain unobligated.
  (c) Interim Deauthorization List.--
          (1) In general.--The Secretary shall develop an interim 
        deauthorization list that identifies each Reclamation program 
        or project, or separable element of a program or project, 
        authorized 5 years prior to enactment of this Act, for which 
        Federal and non-Federal funding was obligated to before the 
        date of the enactment of this Act, but for which no Federal or 
        non-Federal funds were obligated for the program, project, or 
        separable element of the program or project during the current 
        fiscal year or any of the 5 preceding fiscal years.
          (2) Special rule for projects receiving funds for post-
        authorization study.--A project or separable element of a 
        project may not be identified on the interim deauthorization 
        list, or the final deauthorization list developed under 
        subsection (d), if the project or separable element received 
        Federal funding for a post-authorization study during the 
        current fiscal year or any of the 5 preceding fiscal years.
          (3) Public comment and consultation.--The Secretary shall 
        solicit comments from the public and the Governors of each 
        applicable State on the interim deauthorization list developed 
        under paragraph (1). The public comment period shall be 90 
        days.
          (4) Submission to congress; publication.--Not later than 90 
        days after the date of the submission of the list required by 
        subsection (b), the Secretary shall--
                  (A) submit the interim deauthorization list to the 
                Committee on Energy and Natural Resources of the Senate 
                and the Committee on Natural Resources of the House of 
                Representatives; and
                  (B) publish the interim deauthorization list in the 
                Federal Register.
  (d) Final Deauthorization List.--
          (1) In general.--The Secretary shall develop a final 
        deauthorization list of each Reclamation program or project, or 
        separable element of a program or project, described in 
        subsection (c)(1) that is identified pursuant to this 
        subsection.
          (2) Deauthorization amount.--The Secretary shall include on 
        the final deauthorization list projects and separable elements 
        of projects that have, in the aggregate, an estimated Federal 
        cost to complete that is at least $187,401,000.
          (3) Identification of projects.--
                  (A) Sequencing of projects.--
                          (i) In general.--The Secretary shall identify 
                        projects and separable elements of projects for 
                        inclusion on the final deauthorization list 
                        according to the order in which the projects 
                        and separable elements of the projects were 
                        authorized, beginning with the earliest 
                        authorized projects and separable elements of 
                        projects and ending once the last project or 
                        separable element of a project necessary to 
                        meet the aggregate amount under paragraph (2) 
                        is identified.
                          (ii) Factors to consider.--The Secretary may 
                        identify programs, projects, and separable 
                        elements of programs and projects for exclusion 
                        from the final deauthorization list if the 
                        Secretary determines, on a case-by-case basis, 
                        that a project or separable element of a 
                        project is critical for interests of the United 
                        States, based on the possible impact of the 
                        project or separable element of the project on 
                        public health and safety, the national economy, 
                        or the environment.
                          (iii) Consideration of public comments.--In 
                        making determinations under clauses (i) and 
                        (ii), the Secretary shall consider any comments 
                        received under subsection (c)(3).
                  (B) Appendix.--The Secretary shall include as part of 
                the final deauthorization list an appendix that--
                          (i) identifies each program, project, and 
                        separable element of a program or project on 
                        the interim deauthorization list developed 
                        under subsection (c) that is not included on 
                        the final deauthorization list; and
                          (ii) describes the reasons why the program, 
                        project, or separable element is not included.
          (4) Submission to congress; publication.--Not later than 120 
        days after the date on which the public comment period under 
        subsection (c)(3) expires, the Secretary shall--
                  (A) submit the final deauthorization list and the 
                appendix to the final deauthorization list to the 
                Committee on Energy and Natural Resources of the Senate 
                and the Committee on Natural Resources of the House of 
                Representatives; and
                  (B) publish the final deauthorization list and the 
                appendix to the final deauthorization list in the 
                Federal Register.
  (e) Deauthorization; Congressional Review.--
          (1) In general.--Subject to paragraph (2), after the date 
        that is 180 days after the date of submission of the final 
        deauthorization report under subsection (d), a program, 
        project, or separable element of a program or project 
        identified in the report is deauthorized, unless Congress 
        passes a joint resolution disapproving the final 
        deauthorization report prior to the end of that period.
          (2) Non-federal contributions.--A program, project, or 
        separable element of a program or project identified in the 
        final deauthorization report under subsection (d) shall not be 
        deauthorized under this subsection if, before the expiration of 
        the 180-day period referred to in paragraph (1), the non-
        Federal interest of the program, project, or separable element 
        of the project provides sufficient funds to complete the 
        program, project, or separable element of the project.
  (f) Treatment of Project Modifications.--For purposes of this 
section, if an authorized water resources development program, project, 
or separable element of the program or project has been modified by an 
Act of Congress, the date of authorization of the program, project, or 
separable element shall be deemed to be the date of the most recent 
modification.
  (g) Exemption.--This section shall not apply to any project that 
would yield more than 200,000 acre-feet of water per year on average.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4419 is to facilitate and streamline 
the Bureau of Reclamation and Bureau of Indian Affairs 
processes for creating or expanding certain water projects.

                  BACKGROUND AND NEED FOR LEGISLATION

    The U.S. Bureau of Reclamation (Reclamation) is the largest 
water wholesaler in the nation, providing water to 31 million 
people and helping irrigate 10 million acres of farmland that 
produce 60% of the nation's vegetables and 25% of its fruits 
and nuts.\1\ Many of Reclamation's projects are multi-purpose 
in nature, and its reservoirs and dams further generate enough 
emissions-free electricity to serve at least 3.5 million homes 
annually.\2\ This is accomplished through the operation of 53 
hydroelectric power plants that have annually produced, on 
average, 40 billion kilowatt-hours over the last 10 years.\3\ 
In addition, the Bureau of Indian Affairs (BIA) oversees 15 
revenue-generating irrigation projects that include 6,200 miles 
of canals and drains and over 5,000 irrigation structures.\4\ 
These projects serve 25,000 water users and irrigate more than 
780,000 acres of land.\5\
---------------------------------------------------------------------------
    \1\http://www.usbr.gov/main/about/fact.html.
    \2\Id. note 1.
    \3\http://www.usbr.gov/main/about/fact.html.
    \4\https://openei.org/w/images/e/e1/Federal_Hydropower_-
_Bureau_of_Indian_Affairs.pdf.
    \5\https://www.bia.gov/bia/ots/dwp/irrigation-power.
---------------------------------------------------------------------------
    Water stored behind many of these Reclamation facilities 
provides year-round flows and cold-water fishery habitat. The 
vast majority of these projects are financed under the 
``beneficiary pays'' principle, which requires users to re-pay 
the initial federal investment in these facilities through 
long-term contracts. The Columbia Basin Project in Washington 
State, the Central Valley Project in California and the Central 
Arizona Project are just some of the Reclamation's projects 
that have transformed western regional economies. However, 
these projects contribute to the approximately 90 percent of 
Reclamation projects that were built more than 50 years ago.\6\
---------------------------------------------------------------------------
    \6\https://www.usbr.gov/newsroom/presskit/factsheet/
detail.cfm?recordid=2.
---------------------------------------------------------------------------
    Although it is indisputable that surface storage continues 
to serve a key role in making the West what it is today, the 
region's water supply is at a crossroads due to several 
factors. Population growth is one such factor. In California 
alone, the current water system was designed to serve 22 
million people, yet the State currently has 39 million 
residents and is expected to double in population by 2050.\7\ 
Calls for new storage in California, where record-setting 
drought coupled with the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) and other regulations have diverted water 
from farms and cities to the ocean, are at a high level.\8\
---------------------------------------------------------------------------
    \7\http://www.water.ca.gov/swp/delta.cfm.
    \8\Testimony of Mr. Dan Keppen, before the House Water and Power 
Subcommittee, Legislative Hearing on H.R. 5412, 113th Congress, p. 2.
---------------------------------------------------------------------------
    With a few exceptions, the construction of new multi-
purpose surface water storage has largely stalled in the 
region. Except for the Animas-La Plata project in southwestern 
Colorado, Reclamation has not built any large multi-purpose 
dams and reservoirs over the last generation, due in part to 
environmental permitting and other regulatory requirements and 
cost. In California specifically, Reclamation and the 
California Department of Water Resources began the North-of-
the-Delta Offstream Storage Investigation in 2002 for the 
proposed Sites Reservoir.\9\ As of 2012, Reclamation spent 
$12.7 million conducting this study, and it is not yet 
completed.\10\
---------------------------------------------------------------------------
    \9\Testimony of Mr. Thad Bettner before the House Water and Power 
Subcommittee, Oversight Hearing on ``Water for Our Future and Job 
Creation: Examining Regulatory and Bureaucratic Barriers to New Surface 
Storage Infrastructure'', 112th Congress, p. 2.
    \10\Id.
---------------------------------------------------------------------------
    Under Reclamation's current feasibility study process 
(called Directives and Standards), the agency must use a 
formula to decide the costs and benefits of such project. 
Specifically, a 1:1 cost-benefit ratio triggers a favorable 
recommendation for construction but if the costs outweigh the 
benefits, a negative recommendation occurs. This formula 
determines the actual cost of constructing the dam and any 
environmental mitigation for such construction while assessing 
the water supply, hydropower, recreation, flood control and 
environmental benefits. Regarding the proposed Sites Reservoir 
feasibility study process, Mr. Thad Bettner, General Manager of 
the Glenn-Colusa Irrigation District, said ``despite [the $12.7 
million] effort and the many promised benefits . . . we still 
find ourselves in a place where it is difficult to clearly 
articulate the benefits of the project, the costs, and how the 
project will be funded.''\11\
---------------------------------------------------------------------------
    \11\Id.
---------------------------------------------------------------------------
    In light of these difficulties, H.R. 4419 is designed to 
speed up and provide more certainty to the feasibility study 
process on certain water projects that ``would be owned, 
funded, or operated in whole or in part'' by the Reclamation or 
BIA.\12\ Specifically, the bill seeks to facilitate the 
construction of new or expanded surface water storage projects, 
Title XVI projects, rural water supply projects, and federal 
portions of an integrated water resources management plan that 
has been subject to a review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).\13\ The 
legislation establishes reporting and transparency requirements 
to provide agency justifications on why feasibility studies are 
not being completed in a timely manner, and also contains a 
mechanism to offset the federal costs for these projects. H.R. 
4419 creates a process for Congress to authorize Reclamation 
and BIA projects that have met the criteria established in the 
bill. For example, if a feasibility report is completed for a 
qualifying project, that study would be included in the 
reporting mechanism under section 6 of this bill.
---------------------------------------------------------------------------
    \12\H.R. 4419, Section 2(9).
    \13\H.R. 4419, Section 2(5)(A).
---------------------------------------------------------------------------
    As mentioned above, the bill closely resembles provisions 
included in the Water Resources Reform and Development Act.\14\ 
The conference report for this law, which includes nearly 
identical provisions for the U.S. Army Corps of Engineers, 
passed the House 412-4\15\ and in the Senate by a 91-7 
margin.\16\
---------------------------------------------------------------------------
    \14\P.L. 113-121 https://www.gpo.gov/fdsys/pkg/PLAW-113publ121/pdf/
PLAW-113publ121.pdf.
    \15\House Roll Call Vote: http://clerk.house.gov/evs/2013/
roll560.xml.
    \16\Senate Roll Call Vote: https://www.senate.gov/legislative/LIS/
roll_call_lists/roll_call_vote_ 
cfm.cfm?congress=113&session=2&vote=00163.
---------------------------------------------------------------------------

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This Act may be cited as the ``Bureau of Reclamation and 
Bureau of Indian Affairs Water Project Streamlining Act''.

Section 2. Definitions

    This section defines several key terms.

Section 3. Acceleration of studies

    This section requires future feasibility studies for Bureau 
of Reclamation or Bureau of Indian Affairs (BIA) projects to be 
completed with three years after the date of initiation and 
have a maximum federal cost of $3 million. The section provides 
for a maximum seven-year extension of that time and cost if the 
Secretary of the Interior provides a detailed justification to 
the non-federal project sponsor and Congress.

Section 4. Expedited completion of reports

    This section requires the Secretary of the Interior to 
expedite the completion of any ongoing feasibility studies 
initiated before the date of enactment. If the Secretary 
determines that the project is justified in a completed report, 
the Secretary shall proceed to pre-construction planning, 
engineering and design of the project.

Section 5. Project acceleration

    This section directs the Secretary to develop and implement 
a coordinated environmental review process with Reclamation and 
the non-federal project sponsor as lead agencies for expedited 
environmental review of a project. The section further directs 
the lead agencies to establish a schedule for completion of a 
study and lays out financial penalties if timelines are not 
met.

Section 6. Annual report to Congress

    This section directs the Secretary to develop and submit a 
report to the relevant committees in Congress that identifies 
project reports, proposed project studies, and proposed 
modifications to projects and studies. The reports shall 
include a description of the benefits and federal and non-
federal cost estimates. These reports would be similar to the 
feasibility studies listed in section 7002 of Public Law 113-
121, which authorize construction of projects by Congress.

Section 7. Applicability to the WIIN Act

    This section identifies various sections of the Water 
Infrastructure Improvement for the National Act (WIIN Act, 
Public Law 114-322) that are excluded from the process 
established in this bill.

Section 8. Project authorizations

    This section contains a table of projects that the meet the 
criteria in the bill and are authorized to be carried out in 
accordance with this section. These projects include: Phase III 
of the Yakima River Basin Water Enhancement Project in 
Washington, Equus Beds Division of the Wichita Project in 
Kansas, Musselshell-Judith Rural Water System in Montana, and 
the Shasta Lake Water Resources Investigation in California.

Section 9. Deauthorizations

    This section establishes a process to offset the federal 
costs of projects listed in section 8.

                            COMMITTEE ACTION

    H.R. 4419 was introduced on November 16, 2017, by 
Congressman Dan Newhouse (R-WA). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Water, Power and Oceans. On November 30, 2017, 
the Subcommittee held a hearing on the legislation. On May 16, 
2018, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. 
Congressman Doug LaMalfa (R-CA) offered an amendment designated 
#1; it was adopted by voice vote. Congressman Jared Huffman (D-
CA) offered an amendment designated 140; it was not adopted by 
a roll call vote of 14 yeas and 21 nays, as follows:


    No further amendments were offered and the bill, as 
amended, was ordered favorably reported to the House of 
Representatives by a bipartisan roll call vote of 21 yeas and 
14 nays, as follows:


            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 4, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4419, the Bureau 
of Reclamation and Bureau of Indian Affairs Water Project 
Streamlining Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 4419--Bureau of Reclamation and Bureau of Indian Affairs Water 
        Project Streamlining Act

    Summary: H.R. 4419 would authorize the Bureau of 
Reclamation (BOR) to construct projects for water storage, 
aquifer recharge, fish conservation, and water supply for 
certain rural communities. The bill also would direct BOR and 
the Bureau of Indian Affairs (BIA) to accelerate studies 
related to their approval or denial of permits needed to 
construct water infrastructure projects. Under the bill, BOR 
and BIA would be required to limit the cost and time to 
complete each study, to construct a publicly accessible 
database to provide information about the status of each study, 
and to act as the lead agency in coordinating with state and 
federal agencies to expedite the environmental reviews 
necessary to complete those studies.
    Using information provided by BOR and BIA, CBO estimates 
that implementing H.R. 4419 would cost $174 million over the 
2019-2023 period, assuming appropriation of the authorized and 
necessary amounts.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 4419 would not increase direct spending or on-budget 
deficits in any of the four consecutive 10-year periods 
beginning in 2029.
    H.R. 4419 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 4419 is shown in the following table. 
The costs of the legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                          By fiscal year, in millions of dollars--
                                          ----------------------------------------------------------------------
                                             2018      2019      2020      2021      2022      2023    2019-2023
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
BOR Water Resources Infrastructure:
    Estimated Authorization Level........         0        21        34        34        34        26        148
    Estimated Outlays....................         0        12        25        32        34        29        132
Streamlining Feasibility Studies:
    Estimated Authorization Level........         0         8         6         6         5         5         31
    Estimated Outlays....................         0         6         6         6         5         5         29
Accelerating Feasibility Studies,
 Planning, and Design:
    Estimated Authorization Level........         0         3         3         3         3         2         14
    Estimated Outlays....................         0         2         3         3         3         3         13
    Total Changes:
        Estimated Authorization Level....         0        32        43        43        42        34        193
        Estimated Outlays................         0        20        34        41        42        37        174
----------------------------------------------------------------------------------------------------------------
Amounts may not sum to totals because of rounding; BOR = Bureau of Reclamation.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
4419 will be enacted near the end of 2018 and that the 
authorized and necessary amounts will be appropriated for each 
fiscal year. Estimates of amounts necessary to implement the 
bill are based on information from BOR and BIA; estimated 
outlays are based on historical spending patterns for similar 
projects and programs. Major components of the estimated costs 
are described below.

BOR water resources infrastructure

    The bill would authorize BOR to construct three new 
projects or separable elements of ongoing projects. CBO 
estimates that the total public and private cost to complete 
those projects would be about $930 million. H.R. 4419 would 
authorize the appropriation of $187 million to cover the 
federal share. Of that amount, CBO estimates that $148 million 
would need to be appropriated over the 2019-2023 period 
(assuming historical rates of spending for similar projects). 
Nonfederal entities would be responsible for the remaining $740 
million in costs. CBO estimates that outlays would total $132 
million over the 2019-2023 period. After 2023, federal costs to 
complete the projects would amount to about $55 million.
    To estimate how appropriated funds would be spent, CBO used 
information from BOR about when construction for each project 
could begin, how long it would take to complete, and what 
funding would be necessary over the anticipated construction 
period. Construction schedules and the pattern of spending for 
such projects are uncertain and plans are subject to change 
because of delays in obtaining funding and other unforeseen 
circumstances.
    Finally, H.R. 4419 would direct BOR to identify projects 
that are no longer feasible and to establish a process for 
reauthorizing inactive projects that are no longer in the 
federal interest, have not received sufficient funding, or lack 
local support.

Streamlining feasibility studies

    With the aim of streamlining the process of preparing 
feasibility studies for proposed projects, H.R. 4419 would 
require BOR and BIA to consult with Indian tribes, states, and 
federal agencies about approaches to better coordinate 
environmental reviews and to report on any possible 
efficiencies. The bill would direct the agencies to identify 
water projects previously excluded from environmental reviews 
because they were determined to have no significant effect on 
the environment and to develop guidelines based on those 
results to identify similar new projects that also could be 
excluded from such reviews. The bill would direct BOR and BIA 
to act as the lead agency for the projects under their 
respective authority. That role would include coordinating with 
states, federal agencies, and the public to expedite 
environmental reviews; to facilitate the early detection and 
resolution of environmental issues; and to construct publicly 
accessible databases that would list requirements for each 
study and provide information on progress toward completing 
each requirement.
    H.R. 4419 also would require BOR and BIA to use the Federal 
Register to solicit proposals each year from nonfederal 
entities to build water infrastructure projects and to report 
to the Congress on the preliminary costs and benefits of each 
proposal.
    CBO estimates that implementing those provisions would have 
an average annual cost of about $6 million (roughly the 
equivalent of 40 full-time employees) for each agency to 
prepare an annual report about projects proposed by nonfederal 
entities, to develop and implement a plan for coordinating 
environmental reviews, and to develop guidelines for excluding 
projects from environmental reviews. Over the 2019-2023 period, 
those costs would total $29 million.

Accelerating feasibility studies, planning, and design

    H.R. 4419 would direct BOR and BIA to expedite the 
completion of current feasibility studies to approve or deny 
construction of water infrastructure projects. The responsible 
agency would proceed immediately to preconstruction planning 
and design if the study recommended construction. Typically, 
the agencies do not proceed with preconstruction planning and 
design until the Congress enacts legislation to authorize 
construction.
    For new studies initiated after enactment, the bill would 
limit the cost of feasibility studies conducted by BOR or BIA 
to $3 million each and would require each study to be completed 
within three years. If a study could not be completed under 
those limitations, the responsible agency would be required to 
provide written notice to the Congress and any other agencies 
involved explaining why completing the study would cost more 
than $3 million or would take more than three years.
    CBO estimates that annual costs to implement those 
provisions would total $3 million (or the equivalent of 18 
full-time employees) to expedite the completion of current 
feasibility studies and for work associated with 
preconstruction planning and design. Over the 2019-2023 period 
those costs would total $13 million.
    Pay-As-You-Go Considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting H.R. 4419 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2029.
    Mandates: H.R. 4419 contains no intergovernmental or 
private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Aurora Swanson; 
Mandates: Zach Byrum.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to facilitate and streamline the 
Bureau of Reclamation and Bureau of Indian Affairs processes 
for creating or expanding certain water projects.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

                            DISSENTING VIEWS

    H.R. 4419 would establish a misguided, convoluted process 
to ``streamline'' environmental reviews for proposed water 
projects. Broadly speaking, the bill aims to expedite new dam 
construction by limiting the time available to complete the 
Bureau of Reclamation's feasibility report process and the 
environmental review process under the National Environmental 
Policy Act (NEPA).
    Specific changes include a requirement that all studies for 
new water projects be completed within three years, at a cost 
of no more than $3 million. The bill also imposes deadlines for 
comment on draft environmental impact statements, sets 
deadlines for federal agencies to make project-related 
decisions under laws like the Endangered Species Act, imposes 
financial penalties on federal agencies that do not make 
permitting decisions within strict deadlines, and sets 
irresponsibly short deadlines for all legal challenges to water 
project studies.
    The environmental review process that is established under 
NEPA and substantive environmental protections from a host of 
other federal laws are intended to ensure that the 
environmental impacts of projects funded with federal dollars 
are fully analyzed, that other federal agencies and the public 
have input into the decision-making process, that a range of 
alternatives are considered, and that environmental impacts are 
mitigated. While H.R. 4419 does not directly amend NEPA or 
other environmental laws, the bill effectively limits their 
proper application.
    By imposing arbitrary, unworkable deadlines for completing 
environmental reviews, the legislation restricts federal 
agencies' ability to meaningfully assess how new dams will 
impact fish and wildlife and leaves agencies without time to 
develop measures to mitigate a dam's impacts. Commercially 
important fisheries like salmon are frequently killed by dams 
that change historic river flow patterns, mortally raise river 
water temperatures, and block habitat. For example, in 
California's Central Valley, dams currently block Chinook 
salmon and steelhead from more than 90 percent of their 
historical spawning habitat.\1\ Careful design and management 
of a dam can mitigate some of these effects, but doing so 
requires expert analysis that is blocked by this bill.
---------------------------------------------------------------------------
    \1\25 NOAA Fisheries, Central Valley Chinook Salmon and Steelhead 
Recovery Plan (2014) http://www.westcoast.fisheries.noaa.gov/
publications/recovery_planning/salmon_steelhead/         domains/
california_central_valley/cv_chin_stlhd_r_plan_fs_071614.pdf.
---------------------------------------------------------------------------
    While H.R. 4419 limits meaningful environmental review, it 
simultaneously creates significant additional bureaucracy by 
imposing many new, convoluted directives on federal agencies. 
These new directives include the submittal of new reports to 
Congress, the creation of new coordination processes among 
agencies, the establishment and maintenance of a new electronic 
database, a new process for reviewing and developing 
categorical exclusions under NEPA, and the administration of 
financial penalties on federal agencies that do not complete 
environmental reviews within strict timelines established under 
H.R. 4419.
    In all, H.R. 4419 provides for eight new reports to 
Congress or related Congressional notifications,\2\ three new 
public solicitations,\3\ two new guidance or formal rulemaking 
processes,\4\ requires the creation of a new process for the 
administration of financial penalties and resultant fund 
transfers among federal agencies,\5\ and the establishment of 
an entirely new program to measure and report on progress.\6\ 
No new funding is provided to carry out these new directives.
---------------------------------------------------------------------------
    \2\Section 3(e); Section 3(f); Section 5(a)(3)(A); Section 5(h)(3) 
subparagraphs (A)&(B); Section 5(h)(5)(A), Section 5(k)(1)(B); and 
Section 6(a).
    \3\Section 5(m); Section 6(a); Section 6(b)(1).
    \4\ Section 5(g)(1); Section 5(m)(2).
    \5\Section 5(g)(5)(B)(i) (I).
    \6\Section 5(o).
---------------------------------------------------------------------------
    Finally, H.R. 4419 includes troubling provisions designed 
to deauthorize Title XVI water recycling projects. These 
projects are a popular, environmentally-friendly class of water 
projects that grow the available water supply by treating and 
reusing water in several western states.
    In sum, H.R. 4419 significantly limits the application of 
NEPA and other bedrock environmental protections and 
irresponsibly restricts public participation in the review 
process for new water projects. For these reasons, we oppose 
H.R. 4419 as reported.

                                   Raul M. Grijalva,
                                           Ranking Member, Committee on 
                                               Natural Resources.