What This Bill Does
This bill establishes the Bureau of Reclamation as the lead agency to coordinate federal and state permits for new surface water storage projects (projects that hold water above ground). The bill streamlines the permitting process by having one agency coordinate reviews from multiple federal and state agencies instead of each agency working separately.
Who It Affects
Applicants seeking to build new surface water storage projects on federal lands managed by the Department of Interior or Department of Agriculture. Federal agencies that review or approve water storage projects. State agencies involved in permitting. Indian tribes consulted on projects.
Key Provisions
The Bureau of Reclamation becomes the lead agency responsible for coordinating all federal reviews, permits and approvals needed to construct qualifying projects (Sec. 3(a)). The Bureau must notify cooperating agencies within 30 days of receiving a project proposal and hold a preapplication meeting to explain processes and data requirements (Sec. 4(b)(1)). The Bureau must prepare a single environmental review document that all cooperating agencies use as the basis for their approval decisions (Sec. 4(b)(4)). Federal agencies must make approval decisions within one year for environmental assessments or within one year and 30 days after the public comment period ends for more complex environmental impact statements (Sec. 4(b)(4)). Each cooperating agency must submit its timeframe for completing reviews to the Bureau and must follow the project schedule the Bureau establishes (Sec. 5(a)).
What Changes
If this bill becomes law, the permitting process for new surface water storage projects on federal lands will be coordinated through one lead agency instead of multiple separate agencies. Projects will have single unified environmental documentation instead of separate environmental reviews from each agency. Cooperating agencies will be required to meet specific deadlines rather than working on their own timelines.
Important Definitions
"Bureau" means the Bureau of Reclamation. "Qualifying projects" are new surface water storage projects in states covered under the Reclamation Act of 1902, built on federal lands managed by Interior or Agriculture departments, including state-led water projects. "Cooperating agency" means a federal agency or state agency that has jurisdiction over a review, approval or decision required for a qualifying project. "Secretary" means the Secretary of the Interior.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 186
To authorize the Secretary of the Interior to coordinate Federal and State
permitting processes related to the construction of new surface water
storage projects on lands under the jurisdiction of the Secretary of
the Interior and the Secretary of Agriculture and to designate the Bureau
of Reclamation as the lead agency for permit processing, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 2023
Mr. MCCLINTOCK (for himself, Mr. LAMALFA, Mr. STAUBER, and Mr.
VALADAO) introduced the following bill; which was referred to the Com-
mittee on Natural Resources
A BILL
To authorize the Secretary of the Interior to coordinate
Federal and State permitting processes related to the
construction of new surface water storage projects on
lands under the jurisdiction of the Secretary of the Inte-
rior and the Secretary of Agriculture and to designate
the Bureau of Reclamation as the lead agency for permit
processing, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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•HR 186 IH
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Water Supply Permit-
2
ting Coordination Act’’.
3
SEC. 2. DEFINITIONS.
4
In this Act:
5
(1) BUREAU.—The term ‘‘Bureau’’ means the
6
Bureau of Reclamation.
7
(2) COOPERATING AGENCIES.—The term ‘‘co-
8
operating agency’’ means a Federal agency with ju-
9
risdiction over a review, analysis, opinion, statement,
10
permit, license, or other approval or decision re-
11
quired for a qualifying project under applicable Fed-
12
eral laws and regulations, or a State agency subject
13
to section 3(c).
14
(3) QUALIFYING PROJECTS.—The term ‘‘quali-
15
fying projects’’ means new surface water storage
16
projects in the States covered under the Act of June
17
17, 1902 (32 Stat. 388, chapter 1093), and Acts
18
supplemental to and amendatory of that Act (43
19
U.S.C. 371 et seq.) constructed on lands adminis-
20
tered by the Department of the Interior or the De-
21
partment of Agriculture, exclusive of any easement,
22
right-of-way, lease, or any private holding, unless the
23
project applicant elects not to participate in the
24
process authorized by this Act. Such term shall also
25
include State-led projects (as defined in section
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•HR 186 IH
4007(a)(2) of the WIIN Act) for new surface water
1
storage projects in the States covered under the Act
2
of June 17, 1902 (32 Stat. 388, chapter 1093), and
3
Acts supplemental to and amendatory of that Act
4
(43 U.S.C. 371 et seq.) constructed on lands admin-
5
istered by the Department of the Interior or the De-
6
partment of Agriculture, exclusive of any easement,
7
right-of-way, lease, or any private holding, unless the
8
project applicant elects not to participate in the
9
process authorized by this Act.
10
(4) SECRETARY.—The term ‘‘Secretary’’ means
11
the Secretary of the Interior.
12
SEC. 3. ESTABLISHMENT OF LEAD AGENCY AND COOPER-
13
ATING AGENCIES.
14
(a) ESTABLISHMENT OF LEAD AGENCY.—The Bu-
15
reau is established as the lead agency for purposes of co-
16
ordinating all reviews, analyses, opinions, statements, per-
17
mits, licenses, or other approvals or decisions required
18
under Federal law to construct qualifying projects.
19
(b) IDENTIFICATION AND ESTABLISHMENT OF CO-
20
OPERATING AGENCIES.—The Commissioner of the Bureau
21
shall—
22
(1) identify, as early as practicable upon receipt
23
of an application for a qualifying project, any Fed-
24
eral agency that may have jurisdiction over a review,
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•HR 186 IH
analysis, opinion, statement, permit, license, ap-
1
proval, or decision required for a qualifying project
2
under applicable Federal laws and regulations; and
3
(2) notify any such agency, within a reasonable
4
timeframe, that the agency has been designated as
5
a cooperating agency in regards to the qualifying
6
project unless that agency responds to the Bureau in
7
writing, within a timeframe set forth by the Bureau,
8
notifying the Bureau that the agency—
9
(A) has no jurisdiction or authority with
10
respect to the qualifying project;
11
(B) has no expertise or information rel-
12
evant to the qualifying project or any review,
13
analysis, opinion, statement, permit, license, or
14
other approval or decision associated therewith;
15
or
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(C) does not intend to submit comments
17
on the qualifying project or conduct any review
18
of such a project or make any decision with re-
19
spect to such project in a manner other than in
20
cooperation with the Bureau.
21
(c) STATE AUTHORITY.—A State in which a quali-
22
fying project is being considered may choose, consistent
23
with State law—
24
(1) to participate as a cooperating agency; and
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•HR 186 IH
(2) to make subject to the processes of this Act
1
all State agencies that—
2
(A) have jurisdiction over the qualifying
3
project;
4
(B) are required to conduct or issue a re-
5
view, analysis, or opinion for the qualifying
6
project; or
7
(C) are required to make a determination
8
on issuing a permit, license, or approval for the
9
qualifying project.
10
SEC. 4. BUREAU RESPONSIBILITIES.
11
(a) IN GENERAL.—The principal responsibilities of
12
the Bureau under this Act are—
13
(1) to serve as the point of contact for appli-
14
cants, State agencies, Indian tribes, and others re-
15
garding proposed qualifying projects;
16
(2) to coordinate preparation of unified environ-
17
mental documentation that will serve as the basis for
18
all Federal decisions necessary to authorize the use
19
of Federal lands for qualifying projects; and
20
(3) to coordinate all Federal agency reviews
21
necessary for project development and construction
22
of qualifying projects.
23
(b) COORDINATION PROCESS.—The Bureau shall
24
have the following coordination responsibilities:
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•HR 186 IH
(1) PREAPPLICATION
COORDINATION.—Notify
1
cooperating agencies of proposed qualifying projects
2
not later than 30 days after receipt of a proposal
3
and facilitate a preapplication meeting for prospec-
4
tive applicants, relevant Federal and State agencies,
5
and Indian tribes—
6
(A) to explain applicable processes, data
7
requirements, and applicant submissions nec-
8
essary to complete the required Federal agency
9
reviews within the timeframe established; and
10
(B) to establish the schedule for the quali-
11
fying project.
12
(2) CONSULTATION WITH COOPERATING AGEN-
13
CIES.—Consult
with
the
cooperating
agencies
14
throughout the Federal agency review process, iden-
15
tify and obtain relevant data in a timely manner,
16
and set necessary deadlines for cooperating agencies.
17
(3) SCHEDULE.—Work with the qualifying
18
project applicant and cooperating agencies to estab-
19
lish a project schedule. In establishing the schedule,
20
the Bureau shall consider, among other factors—
21
(A) the responsibilities of cooperating
22
agencies under applicable laws and regulations;
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•HR 186 IH
(B) the resources available to the cooper-
1
ating agencies and the non-Federal qualifying
2
project sponsor, as applicable;
3
(C) the overall size and complexity of the
4
qualifying project;
5
(D) the overall schedule for and cost of the
6
qualifying project; and
7
(E) the sensitivity of the natural and his-
8
toric resources that may be affected by the
9
qualifying project.
10
(4) ENVIRONMENTAL COMPLIANCE.—Prepare a
11
unified environmental review document for each
12
qualifying project application, incorporating a single
13
environmental record on which all cooperating agen-
14
cies with authority to issue approvals for a given
15
qualifying project shall base project approval deci-
16
sions. Help ensure that cooperating agencies make
17
necessary decisions, within their respective authori-
18
ties, regarding Federal approvals in accordance with
19
the following timelines:
20
(A) Not later than 1 year after acceptance
21
of a completed project application when an en-
22
vironmental assessment and finding of no sig-
23
nificant impact is determined to be the appro-
24
priate level of review under the National Envi-
25
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•HR 186 IH
ronmental Policy Act of 1969 (42 U.S.C. 4321
1
et seq.).
2
(B) Not later than 1 year and 30 days
3
after the close of the public comment period for
4
a draft environmental impact statement under
5
the National Environmental Policy Act of 1969
6
(42 U.S.C. 4321 et seq.), when an environ-
7
mental impact statement is required under the
8
same.
9
(5)
CONSOLIDATED
ADMINISTRATIVE
10
RECORD.—Maintain a consolidated administrative
11
record of the information assembled and used by the
12
cooperating agencies as the basis for agency deci-
13
sions.
14
(6) PROJECT DATA RECORDS.—To the extent
15
practicable and consistent with Federal law, ensure
16
that all project data is submitted and maintained in
17
generally accessible electronic format, compile, and
18
where authorized under existing law, make available
19
such project data to cooperating agencies, the quali-
20
fying project applicant, and to the public.
21
(7) PROJECT
MANAGER.—Appoint a project
22
manager for each qualifying project. The project
23
manager shall have authority to oversee the project
24
and to facilitate the issuance of the relevant final
25
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•HR 186 IH
authorizing documents, and shall be responsible for
1
ensuring fulfillment of all Bureau responsibilities set
2
forth in this section and all cooperating agency re-
3
sponsibilities under section 5.
4
SEC. 5. COOPERATING AGENCY RESPONSIBILITIES.
5
(a) ADHERENCE TO BUREAU SCHEDULE.—
6
(1) TIMEFRAMES.—On notification of an appli-
7
cation for a qualifying project, the head of each co-
8
operating agency shall submit to the Bureau a time-
9
frame under which the cooperating agency reason-
10
ably will be able to complete the authorizing respon-
11
sibilities of the cooperating agency.
12
(2) SCHEDULE.—
13
(A) USE
OF
TIMEFRAMES.—The Bureau
14
shall use the timeframes submitted under this
15
subsection to establish the project schedule
16
under section 4.
17
(B) ADHERENCE.—Each cooperating agen-
18
cy shall adhere to the project schedule estab-
19
lished by the Bureau under subparagraph (A).
20
(b) ENVIRONMENTAL RECORD.—The head of each
21
cooperating agency shall submit to the Bureau all environ-
22
mental review material produced or compiled in the course
23
of carrying out activities required under Federal law, con-
24
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•HR 186 IH
sistent with the project schedule established by the Bureau
1
under subsection (a)(2).
2
(c) DATA SUBMISSION.—To the extent practicable
3
and consistent with Federal law, the head of each cooper-
4
ating agency shall submit all relevant project data to the
5
Bureau in a generally accessible electronic format, subject
6
to the project schedule established by the Bureau under
7
subsection (a)(2).
8
SEC. 6. FUNDING TO PROCESS PERMITS.
9
(a) IN GENERAL.—The Secretary, after public notice
10
in accordance with subchapter II of chapter 5, and chapter
11
7, of title 5, United States Code (commonly known as the
12
‘‘Administrative Procedure Act’’), may accept and expend
13
funds contributed by a non-Federal public entity to expe-
14
dite the evaluation of a permit of that entity related to
15
a qualifying project.
16
(b) EFFECT ON PERMITTING.—
17
(1) EVALUATION OF PERMITS.—In carrying out
18
this section, the Secretary shall ensure that the eval-
19
uation of permits carried out using funds accepted
20
under this section shall—
21
(A) be reviewed by the Regional Director
22
of the Bureau of the region in which the quali-
23
fying project or activity is located (or a des-
24
ignee); and
25
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•HR 186 IH
(B) use the same procedures for decisions
1
that would otherwise be required for the evalua-
2
tion of permits for similar projects or activities
3
not carried out using funds authorized under
4
this section.
5
(2) IMPARTIAL DECISION MAKING.—In carrying
6
out this section, the Secretary and the head of each
7
cooperating agency receiving funds under this sec-
8
tion for a qualifying project shall ensure that the use
9
of the funds accepted under this section for the
10
qualifying project shall not—
11
(A) substantively or procedurally impact
12
impartial decision making with respect to the
13
issuance of permits; or
14
(B) diminish, modify, or otherwise affect
15
the statutory or regulatory authorities of the
16
cooperating agency.
17
(c) LIMITATION ON USE OF FUNDS.—None of the
18
funds accepted under this section shall be used to carry
19
out a review of the evaluation of permits required under
20
subsection (b)(1)(A).
21
(d) PUBLIC AVAILABILITY.—The Secretary shall en-
22
sure that all final permit decisions carried out using funds
23
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•HR 186 IH
authorized under this section are made available to the
1
public, including on the internet.
2
Æ
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