Water Supply Permitting Coordination Act

I 116TH CONGRESS 1ST SESSION H. R. 1621 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 MARCH 7, 2019 Mr. MCCLINTOCK (for himself, Mr. GOSAR, Mr. TIPTON, Mr. LAMALFA, Mr. SCHWEIKERT, Mr. HUNTER, Mr. BIGGS, Mrs. LESKO, Ms. CHENEY, and Mr. COOK) 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, 2 VerDate Sep 11 2014 18:11 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.IH H1621 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1621 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 26 VerDate Sep 11 2014 18:11 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.IH H1621 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1621 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, 25 VerDate Sep 11 2014 18:11 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.IH H1621 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1621 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 16 (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 25 VerDate Sep 11 2014 18:11 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.IH H1621 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1621 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: 25 VerDate Sep 11 2014 18:11 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.IH H1621 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1621 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; 23 VerDate Sep 11 2014 18:11 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.IH H1621 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 1621 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 VerDate Sep 11 2014 18:11 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.IH H1621 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 1621 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 VerDate Sep 11 2014 18:11 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.IH H1621 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 1621 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 VerDate Sep 11 2014 18:11 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.IH H1621 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 1621 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 VerDate Sep 11 2014 18:11 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.IH H1621 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 1621 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 DECISIONMAKING.—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 decisionmaking 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 VerDate Sep 11 2014 18:11 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.IH H1621 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 1621 IH authorized under this section are made available to the 1 public, including on the Internet. 2 Æ VerDate Sep 11 2014 18:11 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H1621.IH H1621 pamtmann on DSKBFK8HB2PROD with BILLS