,,ii #aadth ,,congress #b;d ,session ,s4 #bijb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #i1 #bjaf ,mr4 ,flake 7for himself1 ,mr4 ,barrasso1 ,mr4 ,mc,cain1 ,mr4 ,risch1 ,mr4 ,heller1 and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for long-term water supplies1 optimal use of existing water supply infrastructure1 and protection of existing water rights4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,western ,water ,supply and ,planning ,enhancement ,act of #bjaf4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,long-term improvements for western ,states subject to drought ,subtitle ,a--,water supply improvements ,sec4 #aja4 ,reservoir operation improvement4 ,sec4 #ajb4 ,authority to make entire active capacity of ,fontenelle ,reservoir available for use4 ,sec4 #ajc4 ,saltcedar control efforts4 ,sec4 #ajd4 ,colorado ,river ,system4 ,subtitle ,b--,protecting critical water supply watersheds ,sec4 #aaa4 ,definitions4 ,sec4 #aab4 ,analysis of only two alternatives in proposed collaborative management activities4 ,sec4 #aac4 ,categorical exclusion to expedite certain critical response actions4 ,sec4 #aad4 ,compliance with land use plan4 ,subtitle ,c--,bureau of ,reclamation ,transparency ,act ,sec4 #aba4 ,short title4 ,sec4 #abb4 ,findings4 ,sec4 #abc4 ,definitions4 ,sec4 #abd4 ,asset management report enhancements for reserved works4 ,sec4 #abe4 ,asset management report enhancements for transferred works4 ,sec4 #abf4 ,offset4 ,subtitle ,d--,water ,supply ,permitting ,act ,sec4 #aca4 ,short title4 ,sec4 #acb4 ,definitions4 ,sec4 #acc4 ,establishment of lead agency and cooperating agencies4 ,sec4 #acd4 ,bureau responsibilities4 ,sec4 #ace4 ,cooperating agency responsibilities4 ,sec4 #acf4 ,funding to process permits4 ,subtitle ,e--,bureau of ,reclamation ,project ,streamlining ,act ,sec4 #ada4 ,short title4 ,sec4 #adb4 ,definitions4 ,sec4 #adc4 ,acceleration of studies4 ,sec4 #add4 ,expedited completion of reports4 ,sec4 #ade4 ,project acceleration4 ,sec4 #adf4 ,annual report to ,congress4 ,,title ,,ii--,protecting existing water rights ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,definitions4 ,sec4 #bjc4 ,applicability4 ,sec4 #bjd4 ,prohibitions4 ,sec4 #bje4 ,policy development4 ,sec4 #bjf4 ,effect of title4 ,,title ,,iii--,completing and maintaining rural water supply infrastructure ,subtitle ,a--,irrigation rehabilitation and renovation for ,indian tribal governments and economies ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,definitions4 ,part ,i--,indian ,irrigation ,fund ,sec4 #caa4 ,establishment4 ,sec4 #cab4 ,deposits to ,fund4 ,sec4 #cac4 ,expenditures from ,fund4 ,sec4 #cad4 ,investments of amounts4 ,sec4 #cae4 ,transfers of amounts4 ,sec4 #caf4 ,termination4 ,part ,,ii--,repair1 replacement1 and maintenance of certain ,indian irrigation projects ,sec4 #cba4 ,repair1 replacement1 and maintenance of certain ,indian irrigation projects4 ,sec4 #cbb4 ,eligible projects4 ,sec4 #cbc4 ,requirements and conditions4 ,sec4 #cbd4 ,study of ,indian irrigation program and project management4 ,sec4 #cbe4 ,tribal consultation and user input4 ,sec4 #cbf4 ,allocation among projects4 ,subtitle ,b--,clean water for rural communities ,sec4 #cca4 ,short title4 ,sec4 #ccb4 ,purpose4 ,sec4 #ccc4 ,definitions4 ,sec4 #ccd4 ,dry-,redwater ,regional ,water ,authority ,system and ,musselshell-,judith ,rural ,water ,system4 ,sec4 #cce4 ,use of power from ,pick-,sloan program by ,dry-,redwater ,regional ,water ,authority ,system4 ,sec4 #ccf4 ,water rights4 ,sec4 #ccg4 ,authorization of appropriations4 ,,title ,,iv--,offset ,sec4 #dja4 ,accelerated revenue1 repayment1 and surface water storage enhancement4 ,i ,long-term improvements for western ,states subject to drought ,a ,water supply improvements #aja4 ,reservoir operation improvement 7a7 ,definitions ,in this section3 7#a7 ,reserved works ,the term reserved works means any ,bureau of ,reclamation project facility at which the ,secretary of the ,interior carries out the operation and maintenance of the project facility4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,army4 7#c7 ,transferred works ,the term transferred works means a ,bureau of ,reclamation project facility1 the operation and maintenance of which is carried out by a non-,federal entity1 under the provisions of a formal operation and maintenance transfer contract4 7#d7 ,transferred works operating entity ,the term transferred works operating entity means the organization that is contractually responsible for operation and maintenance of transferred works4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report including1 for any ,state in which a county designated by the ,secretary of ,agriculture as a drought disaster area during water year #bjae is located1 a list of projects1 including ,corps of ,engineers projects1 and those non-,federal projects and transferred works that are operated for flood control in accordance with rules prescribed by the ,secretary pursuant to section #g of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hij1 chapter #ffe71 including1 as applicable-- 7#a7 the year the original water control manual was approved2 7#b7 the year for any subsequent revisions to the water control plan and manual of the project2 7#c7 a list of projects for which-- 7,a7 operational deviations for drought contingency have been requested2 7,b7 the status of the request2 and 7,c7 a description of how water conservation and water quality improvements were addressed2 and 7#d7 a list of projects for which permanent or seasonal changes to storage allocations have been requested1 and the status of the request4 7c7 ,project identification ,not later than #fj days after the date of completion of the report under subsection 7b71 the ,secretary shall identify any projects described in the report-- 7#a7 for which the modification of the water operations manuals1 including flood control rule curve1 would be likely to enhance existing authorized project purposes1 including for water supply benefits and flood control operations2 7#b7 for which the water control manual and hydrometeorological information establishing the flood control rule curves of the project have not been substantially revised during the #ae-year period ending on the date of review by the ,secretary2 and 7#c7 for which the non-,federal sponsor or sponsors of a ,corps of ,engineers project1 the owner of a non-,federal project1 or the non-,federal transferred works operating entity1 as applicable1 has submitted to the ,secretary a written request to revise water operations manuals1 including flood control rule curves1 based on the use of improved weather forecasting or run-off forecasting methods1 new watershed data1 changes to project operations1 or structural improvements4 7d7 ,pilot projects 7#a7 ,in general ,not later than #a year after the date of identification of projects under subsection 7c71 if any1 the ,secretary shall carry out not less than #ae pilot projects1 which shall include not less than #f non-,federal projects1 to implement revisions of water operations manuals1 including flood control rule curves1 based on the best available science1 which may include-- 7,a7 forecast-informed operations2 7,b7 new watershed data1 including data submitted by a non-,federal applicant2 and 7,c7 if applicable1 in the case of non-,federal projects1 structural improvements4 7#b7 ,consultation ,in implementing a pilot project under this subsection1 the ,secretary shall consult with all affected interests1 including-- 7,a7 non-,federal entities responsible for operations and maintenance costs of a ,federal facility2 7,b7 individuals and entities with storage entitlements2 and 7,c7 local agencies with flood control responsibilities downstream of a facility4 7e7 ,coordination with non-,federal project entities ,if a project identified under subsection 7c7 is-- 7#a7 a non-,federal project1 the ,secretary1 prior to carrying out an activity under this section1 shall-- 7,a7 consult with the non-,federal project owner2 and 7,b7 enter into a cooperative agreement1 memorandum of understanding1 or other agreement with the non-,federal project owner describing the scope and goals of the activity and the coordination among the parties2 and 7#b7 a ,federal project1 the ,secretary1 prior to carrying out an activity under this section1 shall-- 7,a7 consult with each ,federal and non-,federal entity 7including a municipal water district1 irrigation district1 joint powers authority1 transferred works operating entity1 or other local governmental entity7 that currently-- 7i7 manages 7in whole or in part7 a ,federal dam or reservoir2 or 7ii7 is responsible for operations and maintenance costs2 and 7,b7 enter into a cooperative agreement1 memorandum of understanding1 or other agreement with each such entity describing the scope and goals of the activity and the coordination among the parties4 7f7 ,consideration ,in designing and implementing a forecast-informed reservoir operations plan under subsection 7d7 or 7g71 the ,secretary may consult with the appropriate agencies within the ,department of the ,interior and the ,department of ,commerce with expertise in atmospheric1 meteorological1 and hydrologic science to consider-- 7#a7 the relationship between ocean and atmospheric conditions1 including-- 7,a7 the ,el ,nio and ,la ,nia cycles2 and 7,b7 the potential for above-normal1 normal1 and below-normal rainfall for the coming water year1 including consideration of atmospheric river forecasts2 7#b7 the precipitation and runoff index specific to the basin and watershed of the relevant dam or reservoir1 including incorporating knowledge of hydrological and meteorological conditions that influence the timing and quantity of runoff2 7#c7 improved hydrologic forecasting for precipitation1 snowpack1 and soil moisture conditions2 7#d7 an adjustment of operational flood control rule curves to optimize water supply storage and reliability1 hydropower production1 environmental benefits for flows and temperature1 and other authorized project benefits1 without a reduction in flood safety2 and 7#e7 proactive management in response to changes in forecasts4 7g7 ,funding ,the ,secretary may accept and expend amounts from non-,federal entities and other ,federal agencies to fund all or a portion of the cost of carrying out a review or revision of operational documents1 including water control plans1 water control manuals1 water control diagrams1 release schedules1 rule curves1 operational agreements with non-,federal entities1 and any associated environmental documentation for-- 7#a7 a ,corps of ,engineers project2 7#b7 a non-,federal project regulated for flood control by the ,secretary2 or 7#c7 a ,bureau of ,reclamation facility regulated for flood control by the ,secretary4 7h7 ,effect 7#a7 ,manual revisions ,a revision of a manual shall not interfere with the authorized purposes of a ,federal project or the existing purposes of a non-,federal project regulated for flood control by the ,secretary4 7#b7 ,effect of section 7,a7 ,nothing in this section authorizes the ,secretary to carry out1 at a ,federal dam or reservoir1 any project or activity for a purpose not otherwise authorized as of the date of enactment of this ,act4 7,b7 ,nothing in this section affects or modifies any obligation of the ,secretary under ,state law4 7,c7 ,nothing in this section affects or modifies any obligation to comply with any applicable ,federal law4 7,d7 ,this section only applies to facilities located in a ,state in which a ,bureau of ,reclamation project is located4 7#c7 ,bureau of ,reclamation reserved works excluded ,this section-- 7,a7 shall not apply to any dam or reservoir operated by the ,bureau of ,reclamation as a reserved work1 unless all non-,federal project sponsors of a reserved work jointly provide to the ,secretary a written request for application of this section to the project2 and 7,b7 shall apply only to ,bureau of ,reclamation transferred works at the written request of the transferred works operating entity4 7i7 ,prior studies ,in carrying out subsections 7b71 7c71 and 7d71 to the maximum extent practicable1 the ,secretary shall-- 7#a7 coordinate with the efforts of the ,secretary to complete the reports required under subparagraphs 7,a77iii7 and 7,b7 of subsection 7a77#b7 of section #ajdf of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bcai note2 #abh ,stat4 #abea72 and 7#b7 consider the findings of the reports described in paragraph 7#a7 if the reports are available prior to carrying out subsections 7b71 7c71 and 7d74 7j7 ,modifications to manuals and curves ,not later than #ahj days after the date of completion of a modification to an operations manual or flood control rule curve1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report regarding the components of the forecast-based reservoir operations plan incorporated into the change4 #ajb4 ,authority to make entire active capacity of ,fontenelle ,reservoir available for use 7a7 ,in general ,the ,secretary of the ,interior1 in cooperation with the ,state of ,wyoming1 may amend the ,definite ,plan ,report for the ,seedskadee ,project authorized under the first section of the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj71 to provide for the study1 design1 planning1 and construction activities that will enable the use of all active storage capacity 7as may be defined or limited by legal1 hydrologic1 structural1 engineering1 economic1 and environmental considerations7 of ,fontenelle ,dam and ,reservoir1 including the placement of sufficient riprap on the upstream face of ,fontenelle ,dam to allow the active storage capacity of ,fontenelle ,reservoir to be used for those purposes for which the ,seedskadee ,project was authorized4 7b7 ,cooperative agreements 7#a7 ,in general ,the ,secretary of the ,interior may enter into any contract1 grant1 cooperative agreement1 or other agreement that is necessary to carry out subsection 7a74 7#b7 ,state of ,wyoming 7,a7 ,in general ,the ,secretary of the ,interior shall enter into a cooperative agreement with the ,state of ,wyoming to work in cooperation and collaboratively with the ,state of ,wyoming for planning1 design1 related preconstruction activities1 and construction of any modification of the ,fontenelle ,dam under subsection 7a74 7,b7 ,requirements ,the cooperative agreement under subparagraph 7,a7 shall1 at a minimum1 specify the responsibilities of the ,secretary of the ,interior and the ,state of ,wyoming with respect to-- 7i7 completing the planning and final design of the modification of the ,fontenelle ,dam under subsection 7a72 7ii7 any environmental and cultural resource compliance activities required for the modification of the ,fontenelle ,dam under subsection 7a7 including compliance with-- 7,i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,,ii7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7,,iii7 subdivision #b of division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code2 and 7iii7 the construction of the modification of the ,fontenelle ,dam under subsection 7a74 7c7 ,funding by ,state of ,wyoming ,pursuant to the ,act of ,march #d1 #aiba 7#da ,stat4 #adjd1 chapter #afa2 #dc ,u4,s4,c4 #cie71 and as a condition of providing any additional storage under subsection 7a71 the ,state of ,wyoming shall provide to the ,secretary of the ,interior funds for any work carried out under subsection 7a74 7d7 ,other contracting authority 7#a7 ,in general ,the ,secretary of the ,interior may enter into contracts with the ,state of ,wyoming1 on such terms and conditions as the ,secretary of the ,interior and the ,state of ,wyoming may agree1 for division of any additional active capacity made available under subsection 7a74 7#b7 ,terms and conditions ,unless otherwise agreed to by the ,secretary of the ,interior and the ,state of ,wyoming1 a contract entered into under paragraph 7#a7 shall be subject to the terms and conditions of ,bureau of ,reclamation ,contract ,no4 #ad-jf-djj-bdgd and ,bureau of ,reclamation ,contract ,no4 #ad-jf-djj-faic4 7e7 ,savings provisions ,unless expressly provided in this section1 nothing in this section modifies1 conflicts with1 preempts1 or otherwise affects-- 7#a7 the ,act of ,december #ca1 #aibh 7#dc ,u4,s4,c4 #fag et seq47 7commonly known as the ,boulder ,canyon ,project ,act72 7#b7 the ,colorado ,river ,compact of #aibb1 as approved by the ,presidential ,proclamation of ,june #be1 #aibi 7#df ,stat4 #cjjj72 7#c7 the ,act of ,july #ai1 #aidj 7#dc ,u4,s4,c4 #fah et seq47 7commonly known as the ,boulder ,canyon ,project ,adjustment ,act72 7#d7 the ,treaty between the ,united ,states of ,america and ,mexico relating to the utilization of waters of the ,colorado and ,tijuana ,rivers and of the ,rio ,grande1 and supplementary protocol signed ,november #ad1 #aidd1 signed at ,washington ,february #c1 #aidd 7#ei ,stat4 #abai72 7#e7 the ,upper ,colorado ,river ,basin ,compact as consented to by the ,act of ,april #f1 #aidi 7#fc ,stat4 #ca72 7#f7 the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj et seq472 7#g7 the ,colorado ,river ,basin ,project ,act 7,public ,law #ij-ecg2 #hb ,stat4 #hhe72 or 7#h7 any law of the ,state of ,wyoming or other ,state4 #ajc4 ,saltcedar control efforts 7a7 ,study ,the ,secretary of the ,interior1 consistent with applicable laws 7including regulations7 and in coordination with the ,secretary of ,agriculture1 shall enter into an arrangement with the ,national ,academy of ,sciences under which the ,national ,academy of ,sciences shall conduct a comprehensive study1 to be completed not later than #a year after the date of enactment of this ,act1 on the effectiveness and environmental impacts of saltcedar biological and mechanical control efforts on increasing water supplies and improving riparian habitats1 including-- 7#a7 a list of ,federal permits that would be required for any program to implement saltcedar biological and mechanical controls2 and 7#b7 a list of existing programs1 authorities1 or technical assistance opportunities that are currently available to such a program4 7b7 ,report 7#a7 ,in general ,not later than #ahj days after the date of completion of the study under subsection 7a71 the ,secretary of the ,interior shall submit to the ,committees on ,appropriations and ,natural ,resources of the ,house of ,representatives and the ,committees on ,appropriations and ,energy and ,natural ,resources of the ,senate a report that1 taking into consideration the results of the study1 describes a feasible plan to implement a tamarisk control plan1 as described in the ,bureau of ,reclamation study entitled ,colorado ,river ,basin ,water ,supply and ,demand ,study and dated ,december #bjab1 including a description of applicable timelines and costs4 7#b7 ,inclusions ,the report submitted under paragraph 7#a7 shall include-- 7,a7 provisions for revegetating ,federal land with native vegetation2 7,b7 provisions for adapting to the increasing presence of biological control in the ,lower ,colorado ,river basin2 7,c7 provisions for removing saltcedar from ,federal land during post-wildfire recovery activities2 7,d7 strategies for developing partnerships with ,state1 tribal1 and local governmental entities in the eradication of saltcedar2 and 7,e7 budget estimates and completion timelines for the implementation of plan elements4 #ajd4 ,colorado ,river ,system ,title ,,ii of the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjae 7division ,d of ,public ,law #aac-bce7 is amended by striking section #bjf 7#dc ,u4,s4,c4 #fbj note2 #abh ,stat4 #bcab7 and inserting the following3 #bjf4 ,colorado river system 7a7 ,in general ,notwithstanding any other provision of law1 as soon as practicable after the date of enactment of the ,western ,water ,supply and ,planning ,enhancement ,act of #bjaf1 the ,secretary of the ,interior 7referred to in this section as the ,secretary7 shall-- 7#a7 fund or participate in projects to increase ,colorado ,river ,system water in ,lake ,mead and the initial units of ,colorado ,river ,storage ,project reservoirs1 as authorized by the first section of the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj71 to address the effects of historic drought conditions2 and 7#b7 not release or allow diversion of water in the same calendar year that the water was voluntarily contributed to increase the active storage of ,lake ,mead pursuant to-- 7,a7 the ,memorandum of ,understanding among the ,united ,states of ,america1 through the ,department of the ,interior1 ,bureau of ,reclamation1 the ,central ,arizona ,water ,conservation ,district1 the ,metropolitan ,water ,district of ,southern ,california1 the ,southern ,nevada ,water ,authority1 the ,arizona ,department of ,water ,resources1 the ,colorado ,river ,board of ,california1 and the ,colorado ,river ,commission of ,nevada for ,pilot ,drought ,response ,actions1 entered into ,december #aj1 #bjad2 or 7,b7 the ,pilot ,system ,conservation program carried out consistent with this section 7as in existence on the day before the date of enactment of the ,western ,water ,supply and ,planning ,enhancement ,act of #bjaf74 7b7 ,administration ,projects under this section may be funded through-- 7#a7 grants by the ,secretary to public entities that use water from the ,colorado ,river ,basin for municipal purposes for projects that are implemented by one or more non-,federal entities2 or 7#b7 grants or other appropriate financial agreements to provide additional funds for renewing or implementing water conservation agreements that are in existence on the date of enactment of the ,western ,water ,supply and ,planning ,enhancement ,act of #bjaf4 7c7 ,limitation ,funds in the ,upper ,colorado ,river ,basin ,fund established by section #e of the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj;d71 and the ,lower ,colorado ,river ,basin ,development ,fund established by section #djc of the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aedc7 shall not be used to carry out this section4 7d7 ,report and recommendation ,not later than ,september #cj1 #bjbf1 the ,secretary shall submit to the ,committees on ,appropriations and ,natural ,resources of the ,house of ,representatives and the ,committees on ,appropriations and ,energy and ,natural ,resources of the ,senate a report evaluating the effectiveness of the projects described in subsection 7a74 7e7 ,appropriations ,there is authorized to be appropriated to the ,bureau of ,reclamation to carry out this section #aj1jjj1jjj for each of fiscal years #bjag through #bjbg1 to remain available until expended4 4 ,b ,protecting critical water supply watersheds #aaa4 ,definitions ,in this subtitle3 7#a7 ,categorical exclusion ,the term categorical exclusion means an exception to the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a project or activity relating to the management of ,national ,forest ,system land or public land4 7#b7 ,collaborative process ,the term collaborative process means a process relating to the management of ,national ,forest ,system land or public land by which a project or activity is developed and implemented by the ,secretary concerned through collaboration with interested persons1 as described in section #fjc7;b77#a77;,c7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;b7b77#a77;,c774 7#c7 ,community wildfire protection plan ,the term community wildfire protection plan has the meaning given that term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7#d7 ,fire behavior model ,the term fire behavior model means a predictive model used by the ,forest ,service or ,bureau of ,land ,management that-- 7,a7 describes potential fire behavior2 7,b7 is capable of distinguishing among surface fire1 passive crown fire1 and active crown fire2 and 7,c7 uses1 at a minimum1 the inputs of-- 7i7 existing vegetation2 7ii7 potential weather2 and 7iii7 fuel moisture conditions4 7#e7 ,land use plan ,the term land use plan means-- 7,a7 a land use plan prepared by the ,bureau of ,land ,management for public land pursuant to section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab72 or 7,b7 a land and resource management plan prepared by the ,forest ,service for a unit of the ,national ,forest ,system pursuant to section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd74 7#f7 ,management activity ,the term management activity means a project or activity carried out by the ,secretary concerned on ,national ,forest ,system land or public land in concert with the land use plan covering the land4 7#g7 ,national fire danger rating system ,the term national fire danger rating system means the rating system used by the ,forest ,service and the ,bureau of ,land ,management that communicates wildfire danger on a #e-;category scale of-- 7,a7 low2 7,b7 moderate2 7,c7 high2 7,d7 very high2 and 7,e7 extreme4 7#h7 ,national ,forest ,system ,the term ,national ,forest ,system has the meaning given the term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7#i7 ,public land 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term public land has the meaning given the term public lands in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7,b7 ,exception ,the term public land includes ,coos ,bay ,wagon ,road ,grant land and ,oregon and ,california ,railroad ,grant land4 7#aj7 ,resource advisory committee ,the term resource advisory committee means-- 7,a7 a resource advisory committee 7as defined in section #bja of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaba771 with respect to the ,forest ,service2 and 7,b7 an advisory council established under section #cji7;a7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agci7;a771 with respect to the ,bureau of ,land ,management4 7#aa7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land2 and 7,b7 the ,secretary of the ,interior1 with respect to public land4 #aab4 ,analysis of only two alternatives in proposed collaborative management activities 7a7 ,application to certain environmental assessments and environmental impact statements ,this section shall apply whenever the ,secretary concerned prepares an environmental assessment or an environmental impact statement pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 for a project that meets the following criteria3 7#a7 ,the primary purpose of the management activity is-- 7,a7 to address an insect or disease infestation2 7,b7 to reduce hazardous fuel loads2 7,c7 to control medusahead rye1 cheatgrass1 or another noxious or invasive weed specified on a ,federal or ,state noxious weeds list2 7,d7 to protect a municipal water source2 7,e7 to maintain1 enhance1 or modify critical habitat to ensure protection from catastrophic disturbances2 7,f7 to increase water yield2 or 7,g7 any combination of the purposes specified in subparagraphs 7,a7 through 7,f74 7#b7 ,the management activity-- 7,a7 is developed through a collaborative process2 7,b7 is proposed by a resource advisory committee2 7,c7 is covered by a community wildfire protection plan2 or 7,d7 covers an area-- 7i7 with a rating on the national fire danger rating system of-- 7,i7 high2 7,,ii7 very high2 or 7,,iii7 extreme2 and 7ii7 in which not less than #ej percent of the acres have a predicted potential fire behavior1 as determined using a fire behavior model of-- 7,i7 passive crown fire2 or 7,,ii7 active crown fire4 7b7 ,consideration of alternatives ,in an environmental assessment or environmental impact statement described in subsection 7a71 the ,secretary concerned shall study1 develop1 and describe only the following two alternatives3 7#a7 ,the management activity1 as proposed pursuant to subsection 7a74 7#b7 ,the alternative of no action4 7c7 ,elements of nonaction alternative ,in the case of the alternative of no action1 the ,secretary concerned shall evaluate-- 7#a7 the effect of no action on-- 7,a7 forest or wildland health2 7,b7 habitat diversity2 7,c7 wildfire potential2 and 7,d7 insect and disease potential2 and 7#b7 the implications of a resulting decline in forest or wildland health1 loss of habitat diversity1 wildfire1 spread of noxious or invasive weeds1 or insect or disease infestation1 given fire and insect and disease historic cycles1 on-- 7,a7 domestic water costs2 7,b7 wildlife habitat loss2 and 7,c7 other economic and social factors4 #aac4 ,categorical exclusion to expedite certain critical response actions 7a7 ,availability of categorical exclusion ,a categorical exclusion is available to the ,secretary concerned to develop and carry out a management activity on ,national ,forest ,system land or public land if the primary purpose of the management activity is-- 7#a7 to protect a municipal water source2 7#b7 to increase water yield2 7#c7 to reduce hazardous fuel loads2 7#d7 to control medusahead rye1 cheatgrass1 or another noxious or invasive weed specified on a ,federal or ,state noxious weeds list2 7#e7 to maintain1 enhance1 or modify critical habitat to protect the habitat from catastrophic disturbances2 or 7#f7 any combination of the purposes specified in paragraphs 7#a7 through 7#e74 7b7 ,acreage limitations 7#a7 ,in general ,except in the case of a management activity described in paragraph 7#b71 a management activity covered by the categorical exclusion granted by subsection 7a7 may not contain a project exceeding a total of #e1jjj acres4 7#b7 ,larger areas authorized ,a management activity covered by the categorical exclusion granted by subsection 7a7 may not contain a project exceeding a total of #ae1jjj acres if the management activity-- 7,a7 is developed through a collaborative process2 7,b7 is proposed by a resource advisory committee2 7,c7 is covered by a community wildfire protection plan2 or 7,d7 covers an area-- 7i7 with a rating on the national fire danger rating system of-- 7,i7 high2 7,,ii7 very high2 or 7,,iii7 extreme2 and 7ii7 in which not less than #ej percent of the acres have a predicted potential fire behavior1 as determined using a fire behavior model1 of-- 7,i7 passive crown fire2 or 7,,ii7 active crown fire4 #aad4 ,compliance with land use plan ,a management activity covered by a categorical exclusion granted by this subtitle shall be conducted in a manner consistent with the land use plan applicable to the relevant ,national ,forest ,system land or public land4 ,c ,bureau of ,reclamation ,transparency ,act #aba4 ,short title ,this subtitle may be cited as the ,bureau of ,reclamation ,transparency ,act4 #abb4 ,findings ,congress finds that-- 7#a7 the water resources infrastructure of the ,bureau of ,reclamation provides important benefits related to irrigated agriculture1 municipal and industrial water1 hydropower1 flood control1 fish and wildlife1 and recreation in the #ag ,reclamation ,states2 7#b7 as of #bjac1 the combined replacement value of the infrastructure assets of the ,bureau of ,reclamation was #id1ejj1jjj1jjj2 7#c7 the majority of the water resources infrastructure facilities of the ,bureau of ,reclamation are at least #fj years old2 7#d7 the ,bureau of ,reclamation has previously undertaken efforts to better manage the assets of the ,bureau of ,reclamation1 including an annual review of asset maintenance activities of the ,bureau of ,reclamation known as the ,asset ,management ,plan2 and 7#e7 actionable information on infrastructure conditions at the asset level1 including information on maintenance needs at individual assets due to aging infrastructure1 is needed for ,congress to conduct oversight of ,reclamation facilities and meet the needs of the public4 #abc4 ,definitions ,in this subtitle3 7#a7 ,asset 7,a7 ,in general ,the term asset means any of the following assets that are used to achieve the mission of the ,bureau of ,reclamation to manage1 develop1 and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the ,united ,states3 7i7 ,capitalized facilities1 buildings1 structures1 project features1 power production equipment1 recreation facilities1 or quarters4 7ii7 ,capitalized and noncapitalized heavy equipment and other installed equipment4 7,b7 ,inclusions ,the term asset includes assets described in subparagraph 7,a7 that are considered to be mission critical4 7#b7 ,asset ,management ,report ,the term ,asset ,management ,report means-- 7,a7 the annual plan prepared by the ,bureau of ,reclamation known as the ,asset ,management ,plan2 and 7,b7 any publicly available information relating to the plan described in subparagraph 7,a7 that summarizes the efforts of the ,bureau of ,reclamation to evaluate and manage infrastructure assets of the ,bureau of ,reclamation4 7#c7 ,major repair and rehabilitation need ,the term major repair and rehabilitation need means major nonrecurring maintenance at a ,reclamation facility1 including maintenance related to the safety of dams1 extraordinary maintenance of dams1 deferred major maintenance activities1 and all other significant repairs and extraordinary maintenance4 7#d7 ,reclamation facility ,the term ,reclamation facility means each of the infrastructure assets that are owned by the ,bureau of ,reclamation at a ,reclamation project4 7#e7 ,reclamation project ,the term ,reclamation project means a project that is owned by the ,bureau of ,reclamation1 including all reserved works and transferred works owned by the ,bureau of ,reclamation4 7#f7 ,reserved works ,the term reserved works means buildings1 structures1 facilities1 or equipment that are owned by the ,bureau of ,reclamation for which operations and maintenance are performed by employees of the ,bureau of ,reclamation or through a contract entered into by the ,bureau of ,reclamation1 regardless of the source of funding for the operations and maintenance4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#h7 ,transferred works ,the term transferred works means a ,reclamation facility at which operations and maintenance of the facility is carried out by a non-,federal entity under the provisions of a formal operations and maintenance transfer contract or other legal agreement with the ,bureau of ,reclamation4 #abd4 ,asset management report enhancements for reserved works 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress an ,asset ,management ,report that-- 7#a7 describes the efforts of the ,bureau of ,reclamation-- 7,a7 to maintain in a reliable manner all reserved works at ,reclamation facilities2 and 7,b7 to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at ,reclamation facilities2 and 7#b7 expands on the information otherwise provided in an ,asset ,management ,report1 in accordance with subsection 7b74 7b7 ,infrastructure ,maintenance ,needs ,assessment 7#a7 ,in general ,the ,asset ,management ,report submitted under subsection 7a7 shall include-- 7,a7 a detailed assessment of major repair and rehabilitation needs for all reserved works at all ,reclamation projects2 and 7,b7 to the extent practicable1 an itemized list of major repair and rehabilitation needs of individual ,reclamation facilities at each ,reclamation project4 7#b7 ,inclusions ,to the extent practicable1 the itemized list of major repair and rehabilitation needs under paragraph 7#a77;,b7 shall include-- 7,a7 a budget level cost estimate of the appropriations needed to complete each item2 and 7,b7 an assignment of a categorical rating for each item1 consistent with paragraph 7#c74 7#c7 ,rating requirements 7,a7 ,in general ,the system for assigning ratings under paragraph 7#b77;,b7 shall be-- 7i7 consistent with existing uniform categorization systems to inform the annual budget process and agency requirements2 and 7ii7 subject to the guidance and instructions issued under subparagraph 7,b74 7,b7 ,guidance ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall issue guidance that describes the applicability of the rating system applicable under paragraph 7#b77;,b7 to ,reclamation facilities4 7#d7 ,public availability ,except as provided in paragraph 7#e71 the ,secretary shall make publicly available1 including on the ,internet1 the ,asset ,management ,report required under subsection 7a74 7#e7 ,confidentiality ,the ,secretary may exclude from the public version of the ,asset ,management ,report made available under paragraph 7#d7 any information that the ,secretary identifies as sensitive or classified1 but shall make available to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a version of the report containing the sensitive or classified information4 7c7 ,updates ,not later than #b years after the date on which the ,asset ,management ,report is submitted under subsection 7a7 and biennially thereafter1 the ,secretary shall update the ,asset ,management ,report1 subject to the requirements of section #abe7;b77#b74 7d7 ,consultation ,to the extent that such consultation would assist the ,secretary in preparing the ,asset ,management ,report under subsection 7a7 and updates to the ,asset ,management ,report under subsection 7c71 the ,secretary shall consult with-- 7#a7 the ,secretary of the ,army 7acting through the ,chief of ,engineers72 and 7#b7 water and power contractors4 #abe4 ,asset management report enhancements for transferred works 7a7 ,in general ,the ,secretary shall coordinate with the non-,federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for ,asset ,management ,reports with respect to major repair and rehabilitation needs for transferred works that are similar to the reporting requirements described in section #abd7;b74 7b7 ,guidance 7#a7 ,in general ,after considering input from water and power contractors of the ,bureau of ,reclamation1 the ,secretary shall develop and implement a rating system for transferred works that incorporates1 to the maximum extent practicable1 the rating system for major repair and rehabilitation needs for reserved works developed under section #abd7;b77#c74 7#b7 ,updates ,the ratings system developed under paragraph 7#a7 shall be included in the updated ,asset ,management ,reports under section #abd7;c74 #abf4 ,offset ,notwithstanding any other provision of law1 in the case of the project authorized by section #afag of the ,reclamation ,projects ,authorization and ,adjustment ,act of #aiib 7#dc ,u4,s4,c4 #cij;h-#ab;c71 the maximum amount of the ,federal share of the cost of the project under section #afca7;d77#a7 of that ,act 7#dc ,u4,s4,c4 #cij;h-#ac7;d77#a77 otherwise available as of the date of enactment of this ,act shall be reduced by #b1jjj1jjj4 ,d ,water ,supply ,permitting ,act #aca4 ,short title ,this subtitle may be cited as the ,water ,supply ,permitting ,coordination ,act4 #acb4 ,definitions ,in this subtitle3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,reclamation4 7#b7 ,cooperating agencies ,the term cooperating agency means a ,federal agency with jurisdiction over a review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision required for a qualifying project under applicable ,federal laws and regulations1 or a ,state agency subject to section #acc7;c74 7#c7 ,qualifying projects ,the term qualifying projects means new surface water storage projects in the ,states covered under the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq47 constructed on lands administered by the ,department of the ,interior or the ,department of ,agriculture1 exclusive of any easement1 right-of-way1 lease1 or any private holding4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #acc4 ,establishment of lead agency and cooperating agencies 7a7 ,establishment of lead agency ,the ,bureau is established as the lead agency for purposes of coordinating all reviews1 analyses1 opinions1 statements1 permits1 licenses1 or other approvals or decisions required under ,federal law to construct qualifying projects4 7b7 ,identification and establishment of cooperating agencies ,the ,commissioner of the ,bureau shall-- 7#a7 identify1 as early as practicable upon receipt of an application for a qualifying project1 any ,federal agency that may have jurisdiction over a review1 analysis1 opinion1 statement1 permit1 license1 approval1 or decision required for a qualifying project under applicable ,federal laws and regulations2 and 7#b7 notify any such agency1 within a reasonable timeframe1 that the agency has been designated as a cooperating agency in regards to the qualifying project unless that agency responds to the ,bureau in writing1 within a timeframe set forth by the ,bureau1 notifying the ,bureau that the agency-- 7,a7 has no jurisdiction or authority with respect to the qualifying project2 7,b7 has no expertise or information relevant to the qualifying project or any review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision associated therewith2 or 7,c7 does not intend to submit comments on the qualifying project or conduct any review of such a project or make any decision with respect to such project in a manner other than in cooperation with the ,bureau4 7c7 ,state authority ,a ,state in which a qualifying project is being considered may choose1 consistent with ,state law-- 7#a7 to participate as a cooperating agency2 and 7#b7 to make subject to the processes of this subtitle all ,state agencies that-- 7,a7 have jurisdiction over the qualifying project2 7,b7 are required to conduct or issue a review1 analysis1 or opinion for the qualifying project2 or 7,c7 are required to make a determination on issuing a permit1 license1 or approval for the qualifying project4 #acd4 ,bureau responsibilities 7a7 ,in general ,the principal responsibilities of the ,bureau under this subtitle are-- 7#a7 to serve as the point of contact for applicants1 ,state agencies1 ,indian tribes1 and others regarding proposed qualifying projects2 7#b7 to coordinate preparation of unified environmental documentation that will serve as the basis for all ,federal decisions necessary to authorize the use of ,federal lands for qualifying projects2 and 7#c7 to coordinate all ,federal agency reviews necessary for project development and construction of qualifying projects4 7b7 ,coordination process ,the ,bureau shall have the following coordination responsibilities3 7#a7 ,preapplication coordination ,notify cooperating agencies of proposed qualifying projects not later than #cj days after receipt of a proposal and facilitate a preapplication meeting for prospective applicants1 relevant ,federal and ,state agencies1 and ,indian tribes-- 7,a7 to explain applicable processes1 data requirements1 and applicant submissions necessary to complete the required ,federal agency reviews within the timeframe established2 and 7,b7 to establish the schedule for the qualifying project4 7#b7 ,consultation with cooperating agencies ,consult with the cooperating agencies throughout the ,federal agency review process1 identify and obtain relevant data in a timely manner1 and set necessary deadlines for cooperating agencies4 7#c7 ,schedule ,work with the qualifying project applicant and cooperating agencies to establish a project schedule4 ,in establishing the schedule1 the ,bureau shall consider1 among other factors-- 7,a7 the responsibilities of cooperating agencies under applicable laws and regulations2 7,b7 the resources available to the cooperating agencies and the non-,federal qualifying project sponsor1 as applicable2 7,c7 the overall size and complexity of the qualifying project2 7,d7 the overall schedule for and cost of the qualifying project2 and 7,e7 the sensitivity of the natural and historic resources that may be affected by the qualifying project4 7#d7 ,environmental compliance ,prepare a unified environmental review document for each qualifying project application1 incorporating a single environmental record on which all cooperating agencies with authority to issue approvals for a given qualifying project shall base project approval decisions4 ,help ensure that cooperating agencies make necessary decisions1 within their respective authorities1 regarding ,federal approvals in accordance with the following timelines3 7,a7 ,not later than #a year after acceptance of a completed project application when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,not later than #a year and #cj days after the close of the public comment period for a draft environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 when an environmental impact statement is required under the same4 7#e7 ,consolidated administrative record ,maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions4 7#f7 ,project data records ,to the extent practicable and consistent with ,federal law1 ensure that all project data is submitted and maintained in generally accessible electronic format1 compile1 and where authorized under existing law1 make available such project data to cooperating agencies1 the qualifying project applicant1 and to the public4 7#g7 ,project manager ,appoint a project manager for each qualifying project4 ,the project manager shall have authority to oversee the project and to facilitate the issuance of the relevant final authorizing documents1 and shall be responsible for ensuring fulfillment of all ,bureau responsibilities set forth in this section and all cooperating agency responsibilities under section #ace4 #ace4 ,cooperating agency responsibilities 7a7 ,adherence to ,bureau schedule 7#a7 ,timeframes ,on notification of an application for a qualifying project1 the head of each cooperating agency shall submit to the ,bureau a timeframe under which the cooperating agency reasonably will be able to complete the authorizing responsibilities of the cooperating agency4 7#b7 ,schedule 7,a7 ,use of timeframes ,the ,bureau shall use the timeframes submitted under this subsection to establish the project schedule under section #acd4 7,b7 ,adherence ,each cooperating agency shall adhere to the project schedule established by the ,bureau under subparagraph 7,a74 7b7 ,environmental record ,the head of each cooperating agency shall submit to the ,bureau all environmental review material produced or compiled in the course of carrying out activities required under ,federal law1 consistent with the project schedule established by the ,bureau under subsection 7a77#b74 7c7 ,data submission ,to the extent practicable and consistent with ,federal law1 the head of each cooperating agency shall submit all relevant project data to the ,bureau in a generally accessible electronic format1 subject to the project schedule established by the ,bureau under subsection 7a77#b74 #acf4 ,funding to process permits 7a7 ,in general ,the ,secretary1 after public notice in accordance with subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 may accept and expend funds contributed by a non-,federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project4 7b7 ,effect on permitting 7#a7 ,in general ,in carrying out this section1 the ,secretary shall ensure that the use of funds accepted under subsection 7a7 will not substantively or procedurally impact impartial decisionmaking with respect to permits4 7#b7 ,evaluation of permits ,in carrying out this section1 the ,secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall-- 7,a7 be reviewed by the ,regional ,director of the ,bureau of the region in which the qualifying project or activity is located 7or a designee72 and 7,b7 use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section4 7#c7 ,impartial decisionmaking ,in carrying out this section1 the ,secretary and the head of each cooperating agency receiving funds under this section for a qualifying project shall ensure that the use of the funds accepted under this section for the qualifying project shall not-- 7,a7 substantively or procedurally impact impartial decisionmaking with respect to the issuance of permits2 or 7,b7 diminish1 modify1 or otherwise affect the statutory or regulatory authorities of the cooperating agency4 7c7 ,limitation on use of funds ,none of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection 7b77#b77;,a74 7d7 ,public availability ,the ,secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public1 including on the ,internet4 ,e ,bureau of ,reclamation ,project ,streamlining ,act #ada4 ,short title ,this subtitle may be cited as the ,bureau of ,reclamation ,project ,streamlining ,act4 #adb4 ,definitions ,in this subtitle3 7#a7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,environmental review process 7,a7 ,in general ,the term environmental review process means the process of preparing an environmental impact statement1 environmental assessment1 categorical exclusion1 or other document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a project study4 7,b7 ,inclusions ,the term environmental review process includes the process for and completion of any environmental permit1 approval1 review1 or study required for a project study under any ,federal law other than the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,federal jurisdictional agency ,the term ,federal jurisdictional agency means a ,federal agency with jurisdiction delegated by law1 regulation1 order1 or otherwise over a review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision required for a project study under applicable ,federal laws 7including regulations74 7#d7 ,federal lead agency ,the term ,federal lead agency means the ,bureau of ,reclamation4 7#e7 ,project ,the term project means a surface water project1 a project under the purview of title ,,xvi of ,public ,law #ajb-ege1 or a rural water supply project investigated under ,public ,law #aji-dea to be carried out1 funded or operated in whole or in part by the ,secretary pursuant to the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq474 7#f7 ,project sponsor ,the term project sponsor means a ,state1 regional1 or local authority or instrumentality or other qualifying entity1 such as a water conservation district1 irrigation district1 water conservancy district1 joint powers authority1 mutual water company1 canal company1 rural water district or association1 or any other entity that has the capacity to contract with the ,united ,states under ,federal reclamation law4 7#g7 ,project study ,the term project study means a feasibility study for a project carried out pursuant to the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq474 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#i7 ,surface water storage ,the term surface water storage means any surface water reservoir or impoundment that would be owned1 funded or operated in whole or in part by the ,bureau of ,reclamation or that would be integrated into a larger system owned1 operated or administered in whole or in part by the ,bureau of ,reclamation4 #adc4 ,acceleration of studies 7a7 ,in general ,to the extent practicable1 a project study initiated by the ,secretary1 after the date of enactment of this ,act1 under the ,reclamation ,act of #aijb 7#cb ,stat4 #chh71 and all ,acts amendatory thereof or supplementary thereto1 shall-- 7#a7 result in the completion of a final feasibility report not later than #c years after the date of initiation2 7#b7 have a maximum ,federal cost of #c1jjj1jjj2 and 7#c7 ensure that personnel from the local project area1 region1 and headquarters levels of the ,bureau of ,reclamation concurrently conduct the review required under this section4 7b7 ,extension ,if the ,secretary determines that a project study described in subsection 7a7 will not be conducted in accordance with subsection 7a71 the ,secretary1 not later than #cj days after the date of making the determination1 shall-- 7#a7 prepare an updated project study schedule and cost estimate2 7#b7 notify the non-,federal project cost-sharing partner that the project study has been delayed2 and 7#c7 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 7a7 are not attainable4 7c7 ,exception 7#a7 ,in general ,notwithstanding the requirements of subsection 7a71 the ,secretary may extend the timeline of a project study by a period not to exceed #c years1 if the ,secretary determines that the project study is too complex to comply with the requirements of subsection 7a74 7#b7 ,factors ,in making a determination that a study is too complex to comply with the requirements of subsection 7a71 the ,secretary shall consider-- 7,a7 the type1 size1 location1 scope1 and overall cost of the project2 7,b7 whether the project will use any innovative design or construction techniques2 7,c7 whether the project will require significant action by other ,federal1 ,state1 or local agencies2 7,d7 whether there is significant public dispute as to the nature or effects of the project2 and 7,e7 whether there is significant public dispute as to the economic or environmental costs or benefits of the project4 7#c7 ,notification ,each time the ,secretary makes a determination under this subsection1 the ,secretary shall provide written notice to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate as to the results of that determination1 including an identification of the specific one or more factors used in making the determination that the project is complex4 7#d7 ,limitation ,the ,secretary shall not extend the timeline for a project study for a period of more than #g years1 and any project study that is not completed before that date shall no longer be authorized4 7d7 ,reviews ,not later than #ij days after the date of the initiation of a project study described in subsection 7a71 the ,secretary shall-- 7#a7 take all steps necessary to initiate the process for completing federally mandated reviews that the ,secretary is required to complete as part of the study1 including the environmental review process under section #ade2 7#b7 convene a meeting of all ,federal1 tribal1 and ,state agencies identified under section #ade7;d7 that may-- 7,a7 have jurisdiction over the project2 7,b7 be required by law to conduct or issue a review1 analysis1 opinion1 or statement for the project study2 or 7,c7 be required to make a determination on issuing a permit1 license1 or other approval or decision for the project study2 and 7#c7 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 manner4 7e7 ,interim report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate and make publicly available a report that describes-- 7#a7 the status of the implementation of the planning process under this section1 including the number of participating projects2 7#b7 a review of project delivery schedules1 including a description of any delays on those studies initiated prior to the date of enactment of this ,act2 and 7#c7 any recommendations for additional authority necessary to support efforts to expedite the project4 7f7 ,final report ,not later than #d years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate and make publicly available a report that describes-- 7#a7 the status of the implementation of this section1 including a description of each project study subject to the requirements of this section2 7#b7 the period of time required to complete each project study2 and 7#c7 any recommendations for additional authority necessary to support efforts to expedite the project study process1 including an analysis of whether the limitation established by subsection 7a77#b7 needs to be adjusted to address the impacts of inflation4 #add4 ,expedited completion of reports ,the ,secretary shall-- 7#a7 expedite the completion of any ongoing project study initiated before the date of enactment of this ,act2 and 7#b7 if the ,secretary determines that the project is justified in a completed report1 proceed directly to preconstruction planning1 engineering1 and design of the project in accordance with the ,reclamation ,act of #aijb 7#cb ,stat4 #chh71 and all ,acts amendatory thereof or supplementary thereto4 #ade4 ,project acceleration 7a7 ,applicability 7#a7 ,in general ,this section shall apply to-- 7,a7 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 #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the extent determined appropriate by the ,secretary1 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 #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,c7 any project study for the development of a nonfederally owned and operated surface water storage project for which the ,secretary determines there is a demonstrable ,federal interest and the project-- 7i7 is located in a river basin where other ,bureau of ,reclamation water projects are located2 7ii7 will create additional water supplies that support ,bureau of ,reclamation water projects2 or 7iii7 will become integrated into the operation of ,bureau of ,reclamation water projects4 7#b7 ,flexibility ,any authority granted under this section may be exercised1 and any requirement established under this section may be satisfied1 for the conduct of an environmental review process for a project study1 a class of project studies1 or a program of project studies4 7#c7 ,list of project studies 7,a7 ,in general ,the ,secretary shall annually prepare1 and make publicly available1 a list of all project studies that the ,secretary has determined-- 7i7 meets the standards described in paragraph 7#a72 and 7ii7 does not have adequate funding to make substantial progress toward the completion of the project study4 7,b7 ,inclusions ,the ,secretary shall include for each project study on the list under subparagraph 7,a7 a description of the estimated amounts necessary to make substantial progress on the project study4 7b7 ,project review process 7#a7 ,in general ,the ,secretary shall develop and implement a coordinated environmental review process for the development of project studies4 7#b7 ,coordinated review ,the coordinated environmental review process described in paragraph 7#a7 shall require that any review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision issued or made by a ,federal1 ,state1 or local governmental agency or an ,indian tribe for a project study described in subsection 7a7 be conducted1 to the maximum extent practicable1 concurrently with any other applicable governmental agency or ,indian tribe4 7#c7 ,timing ,the coordinated environmental review process under this subsection shall be completed not later than the date on which the ,secretary1 in consultation and concurrence with the agencies identified under section #ade7;d71 establishes with respect to the project study4 7c7 ,lead agencies 7#a7 ,joint lead agencies 7,a7 ,in general ,subject to the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the requirements of section #aejf4h of title #dj1 ,code of ,federal ,regulations 7or a successor regulation71 including the concurrence of the proposed joint lead agency1 a project sponsor may serve as the joint lead agency4 7,b7 ,project sponsor as joint lead agency ,a project sponsor that is a ,state or local governmental entity may-- 7i7 with the concurrence of the ,secretary1 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 #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 prepare any environmental review process document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 required in support of any action or approval by the ,secretary if-- 7,i7 the ,secretary provides guidance in the preparation process and independently evaluates that document2 7,,ii7 the project sponsor complies with all requirements applicable to the ,secretary under-- 7aa7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7bb7 any regulation implementing that ,act2 and 7cc7 any other applicable ,federal law2 and 7,,iii7 the ,secretary approves and adopts the document before the ,secretary takes any subsequent action or makes any approval based on that document1 regardless of whether the action or approval of the ,secretary results in ,federal funding4 7#b7 ,duties ,the ,secretary shall ensure that-- 7,a7 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 subsection2 and 7,b7 any environmental document prepared by the project sponsor is appropriately supplemented to address any changes to the project the ,secretary determines are necessary4 7#c7 ,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-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 parts #aejj through #aejh of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#d7 ,roles and responsibility of lead agency ,with respect to the environmental review process for any project study1 the ,federal lead agency shall have authority and responsibility-- 7,a7 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 study2 and 7,b7 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 is completed in accordance with this section and applicable ,federal law4 7d7 ,participating and cooperating agencies 7#a7 ,identification of jurisdictional agencies ,with respect to carrying out the environmental review process for a project study1 the ,secretary shall identify1 as early as practicable in the environmental review process1 all ,federal1 ,state1 and local government agencies and ,indian tribes that may-- 7,a7 have jurisdiction over the project2 7,b7 be required by law to conduct or issue a review1 analysis1 opinion1 or statement for the project study2 or 7,c7 be required to make a determination on issuing a permit1 license1 or other approval or decision for the project study4 7#b7 ,state authority ,if the environmental review process is being implemented by the ,secretary for a project study within the boundaries of a ,state1 the ,state1 consistent with ,state law1 may choose to participate in the process and to make subject to the process all ,state agencies that-- 7,a7 have jurisdiction over the project2 7,b7 are required to conduct or issue a review1 analysis1 opinion1 or statement for the project study2 or 7,c7 are required to make a determination on issuing a permit1 license1 or other approval or decision for the project study4 7#c7 ,invitation 7,a7 ,in general ,the ,federal lead agency shall invite1 as early as practicable in the environmental review process1 any agency identified under paragraph 7#a7 to become a participating or cooperating agency1 as applicable1 in the environmental review process for the project study4 7,b7 ,deadline ,an invitation to participate issued under subparagraph 7,a7 shall set a deadline by which a response to the invitation shall be submitted1 which may be extended by the ,federal lead agency for good cause4 7#d7 ,procedures ,section #aeja4f of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 shall govern the identification and the participation of a cooperating agency4 7#e7 ,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 agency1 in writing1 by the deadline specified in the invitation that the invited agency-- 7,a7 7i7 has no jurisdiction or authority with respect to the project2 7ii7 has no expertise or information relevant to the project2 or 7iii7 does not have adequate funds to participate in the project2 and 7,b7 does not intend to submit comments on the project4 7#f7 ,administration ,a participating or cooperating agency shall comply with this section and any schedule established under this section4 7#g7 ,effect of designation ,designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency-- 7,a7 supports a proposed project2 or 7,b7 has any jurisdiction over1 or special expertise with respect to evaluation of1 the project4 7#h7 ,concurrent reviews ,each participating or cooperating agency shall-- 7,a7 carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process1 unless doing so would prevent the participating or cooperating agency from conducting needed analysis or otherwise carrying out those obligations2 and 7,b7 formulate and implement administrative1 policy1 and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely1 coordinated1 and environmentally responsible manner4 7e7 ,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 owned1 operated or administered in whole or in part by the ,bureau of ,reclamation4 7f7 ,non-,federal project ,if the ,secretary determines that a project can be expedited by a non-,federal sponsor1 and that there is a demonstrable ,federal interest in expediting that project1 the ,secretary shall take such actions as are necessary to advance the project as a non-,federal project1 including entering into agreements with the non-,federal sponsor of the project to support the planning1 design1 and permitting of the project as a non-,federal project4 7g7 ,programmatic compliance 7#a7 ,in general ,the ,secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that-- 7,a7 eliminates repetitive discussions of the same issues2 7,b7 focuses on the actual issues ripe for analyses at each level of review2 7,c7 establishes a formal process for coordinating with participating and cooperating agencies1 including the creation of a list of all data that are needed to carry out an environmental review process2 and 7,d7 complies with-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 all other applicable laws4 7#b7 ,requirements ,in carrying out paragraph 7#a71 the ,secretary shall-- 7,a7 as the first step in drafting guidance under that paragraph1 consult with relevant ,federal1 ,state1 and local governmental agencies1 ,indian tribes1 and the public on the appropriate use and scope of the programmatic approaches2 7,b7 emphasize the importance of collaboration among relevant ,federal1 ,state1 and local governmental agencies1 and ,indian tribes in undertaking programmatic reviews1 especially with respect to including reviews with a broad geographical scope2 7,c7 ensure that the programmatic reviews-- 7i7 promote transparency1 including of the analyses and data used in the environmental review process1 the treatment of any deferred issues raised by ,federal1 ,state1 and local governmental agencies1 ,indian tribes1 or the public1 and the temporal and special scales to be used to analyze those issues2 7ii7 use accurate and timely information in the environmental review process1 including-- 7,i7 criteria for determining the general duration of the usefulness of the review2 and 7,,ii7 the timeline for updating any out-of-date review2 7iii7 describe-- 7,i7 the relationship between programmatic analysis and future tiered analysis2 and 7,,ii7 the role of the public in the creation of future tiered analysis2 and 7iv7 are available to other relevant ,federal1 ,state1 and local governmental agencies1 ,indian tribes1 and the public2 7,d7 allow not fewer than #fj days of public notice and comment on any proposed guidance2 and 7,e7 address any comments received under subparagraph 7,d74 7h7 ,coordinated reviews 7#a7 ,coordination plan 7,a7 ,establishment ,the ,federal lead agency shall1 after consultation with and with the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency1 as applicable1 establish a plan for coordinating public and agency participation in1 and comment on1 the environmental review process for a project study or a category of project studies4 7,b7 ,schedule 7i7 ,in general ,as soon as practicable but not later than #de days after the close of the public comment period on a draft environmental impact statement1 the ,federal lead agency1 after consultation with and the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency1 as applicable1 shall establish1 as part of the coordination plan established in subparagraph 7,a71 a schedule for completion of the environmental review process for the project study4 7ii7 ,factors for consideration ,in establishing a schedule1 the ,secretary shall consider factors such as-- 7,i7 the responsibilities of participating and cooperating agencies under applicable laws2 7,,ii7 the resources available to the project sponsor1 joint lead agency1 and other relevant ,federal and ,state agencies1 as applicable2 7,,iii7 the overall size and complexity of the project2 7,,iv7 the overall schedule for and cost of the project2 and 7,v7 the sensitivity of the natural and historical resources that could be affected by the project4 7iii7 ,modifications ,the ,secretary may-- 7,i7 lengthen a schedule established under clause 7i7 for good cause2 and 7,,ii7 shorten a schedule only with concurrence of the affected participating and cooperating agencies and the project sponsor or joint lead agency1 as applicable4 7iv7 ,dissemination ,a copy of a schedule established under clause 7i7 shall be-- 7,i7 provided to each participating and cooperating agency and the project sponsor or joint lead agency1 as applicable2 and 7,,ii7 made available to the public4 7#b7 ,comment deadlines ,the ,federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study3 7,a7 ,draft environmental impact statements ,for comments by ,federal and ,state agencies and the public on a draft environmental impact statement1 a period of not more than #fj days after publication in the ,federal ,register of notice of the date of public availability of the draft environmental impact statement1 unless-- 7i7 a different deadline is established by agreement of the ,federal lead agency1 the project sponsor or joint lead agency1 as applicable1 and all participating and cooperating agencies2 or 7ii7 the deadline is extended by the ,federal lead agency for good cause4 7,b7 ,other environmental review processes ,for all other comment periods established by the ,federal lead agency for agency or public comments in the environmental review process1 a period of not more than #cj days after the date on which the materials on which comment is requested are made available1 unless-- 7i7 a different deadline is established by agreement of the ,federal lead agency1 the project sponsor1 or joint lead agency1 as applicable1 and all participating and cooperating agencies2 or 7ii7 the deadline is extended by the ,federal lead agency for good cause4 7#c7 ,deadlines for decisions under other laws ,in any case in which a decision under any ,federal law relating to a project study1 including the issuance or denial of a permit or license1 is required to be made by the date described in subsection 7i77#e77;,b71 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate-- 7,a7 as soon as practicable after the #ahj-;day period described in subsection 7i77#e77;,b71 an initial notice of the failure of the ,federal agency to make the decision2 and 7,b7 every #fj days thereafter until the date on which all decisions of the ,federal agency relating to the project study have been made by the ,federal agency1 an additional notice that describes the number of decisions of the ,federal agency that remain outstanding as of the date of the additional notice4 7#d7 ,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 7including regulations74 7#e7 ,transparency reporting 7,a7 ,reporting requirements ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish and maintain an electronic database and1 in coordination with other ,federal and ,state agencies1 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any other ,federal1 ,state1 or local approval or action required for a project study for which this section is applicable4 7,b7 ,project study transparency ,consistent with the requirements established under subparagraph 7,a71 the ,secretary shall make publicly available the status and progress of any ,federal1 ,state1 or local decision1 action1 or approval required under applicable laws for each project study for which this section is applicable4 7i7 ,issue identification and resolution 7#a7 ,cooperation ,the ,federal lead agency1 the cooperating agencies1 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 laws4 7#b7 ,federal lead agency responsibilities 7,a7 ,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 consideration4 7,b7 ,data sources ,the information under subparagraph 7,a7 may be based on existing data sources1 including geographic information systems mapping4 7#c7 ,cooperating and participating agency responsibilities ,based on information received from the ,federal lead agency1 cooperating and participating agencies shall identify1 as early as practicable1 any issues of concern regarding the potential environmental or socioeconomic impacts of the project1 including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study4 7#d7 ,accelerated issue resolution and elevation 7,a7 ,in general ,on the request of a participating or cooperating agency or project sponsor1 the ,secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the project sponsor or joint lead agency1 as applicable1 to resolve issues that may-- 7i7 delay completion of the environmental review process2 or 7ii7 result in denial of any approval required for the project study under applicable laws4 7,b7 ,meeting date ,a meeting requested under this paragraph shall be held not later than #ba days after the date on which the ,secretary receives the request for the meeting1 unless the ,secretary determines that there is good cause to extend that deadline4 7,c7 ,notification ,on receipt of a request for a meeting under this paragraph1 the ,secretary shall notify all relevant participating and cooperating agencies of the request1 including the issue to be resolved and the date for the meeting4 7,d7 ,elevation of issue resolution ,if a resolution cannot be achieved within the #cj-;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 obtained1 the ,secretary shall forward the dispute to the heads of the relevant agencies for resolution4 7,e7 ,convention by secretary ,the ,secretary may convene an issue resolution meeting under this paragraph at any time1 at the discretion of the ,secretary1 regardless of whether a meeting is requested under subparagraph 7,a74 7#e7 ,financial penalty provisions 7,a7 ,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 process4 7,b7 ,failure to decide 7i7 ,in general 7,i7 ,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 assessment1 including the issuance or denial of a permit1 license1 statement1 opinion1 or other approval by the date described in clause 7ii71 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 7aa7 or 7bb7 of subclause 7,,ii71 and those funds shall be made available to the division of the ,federal jurisdictional agency charged with rendering the decision by not later than #a day after the applicable date under clause 7ii71 and once each week thereafter until a final decision is rendered1 subject to subparagraph 7,c74 7,,ii7 ,amount to be transferred ,the amount referred to in subclause 7,i7 is-- 7aa7 #bj1jjj for any project study requiring the preparation of an environmental assessment or environmental impact statement2 or 7bb7 #aj1jjj for any project study requiring any type of review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 other than an environmental assessment or environmental impact statement4 7ii7 ,description of date ,the date referred to in clause 7i7 is the later of-- 7,i7 the date that is #ahj days after the date on which an application for the permit1 license1 or approval is complete2 and 7,,ii7 the date that is #ahj days after the date on which the ,federal lead agency issues a decision on the project under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,limitations 7i7 ,in general ,no transfer of funds under subparagraph 7,b7 relating to an individual project study shall exceed1 in any fiscal year1 an amount equal to #a percent of the funds made available for the applicable agency office4 7ii7 ,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 #e percent of the funds made available for the applicable agency office for that fiscal year4 7iii7 ,aggregate ,notwithstanding any other provision of law1 for each fiscal year1 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 review1 including the total amount transferred under this paragraph1 shall not exceed an amount equal to #i4e percent of the funds made available for the agency office for that fiscal year4 7,d7 ,notification of transfers ,not later than #aj days after the last date in a fiscal year on which funds of the ,federal jurisdictional agency may be transferred under subparagraph 7,b7 with respect to an individual decision1 the agency shall submit to the appropriate committees of the ,house of ,representatives and the ,senate written notification that includes a description of-- 7i7 the decision2 7ii7 the project study involved2 7iii7 the amount of each transfer under subparagraph 7,b7 in that fiscal year relating to the decision2 7iv7 the total amount of all transfers under subparagraph 7,b7 in that fiscal year relating to the decision2 and 7v7 the total amount of all transfers of the agency under subparagraph 7,b7 in that fiscal year4 7,e7 ,no fault of agency 7i7 ,in general ,a transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph 7,a7 notifies1 with a supporting explanation1 the ,federal lead agency1 cooperating agencies1 and project sponsor1 as applicable1 that-- 7,i7 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 ,federal1 ,state1 or local law2 7,,ii7 significant new information1 including from public comments1 or circumstances1 including a major modification to an aspect of the project1 requires additional analysis for the agency to make a decision on the project application2 or 7,,iii7 the agency lacks the financial resources to complete the review under the scheduled timeframe1 including a description of the number of full-time employees required to complete the review1 the amount of funding required to complete the review1 and a justification as to why not enough funding is available to complete the review by the deadline4 7ii7 ,lack of financial resources ,if the agency provides notice under clause 7i77,,iii71 the ,inspector ,general of the agency shall-- 7,i7 conduct a financial audit to review the notice2 and 7,,ii7 not later than #ij days after the date on which the review described in subclause 7,i7 is completed1 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 7,i74 7,f7 ,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 agency1 or equivalent office1 to reimburse that office for the loss of the funds4 7,g7 ,effect of paragraph ,nothing in this paragraph affects or limits the application of1 or obligation to comply with1 any ,federal1 ,state1 local1 or tribal law4 7j7 ,memorandum of agreements for early coordination 7#a7 ,sense of ,congress ,it is the sense of ,congress that-- 7,a7 the ,secretary and other ,federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other1 ,state and local agencies1 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 process1 prevent potential conflicts1 and ensure that planning and project development decisions reflect environmental values2 and 7,b7 the cooperation referred to in subparagraph 7,a7 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 tribes4 7#b7 ,technical assistance ,if requested at any time by a ,state or project sponsor1 the ,secretary and other ,federal agencies with relevant jurisdiction in the environmental review process1 shall1 to the maximum extent practicable and appropriate1 as determined by the agencies1 provide technical assistance to the ,state or project sponsor in carrying out early coordination activities4 7#c7 ,memorandum of agency agreement ,if requested at any time by a ,state or project sponsor1 the ,federal lead agency1 in consultation with other ,federal agencies with relevant jurisdiction in the environmental review process1 may establish memoranda of agreement with the project sponsor1 ,indian tribes1 ,state and local governments1 and other appropriate entities to carry out the early coordination activities1 including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion4 7k7 ,limitations ,nothing in this section preempts or interferes with-- 7#a7 any obligation to comply with the provisions of any ,federal law1 including-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 any other ,federal environmental law2 7#b7 the reviewability of any final ,federal agency action in a court of the ,united ,states or in the court of any ,state2 7#c7 any requirement for seeking1 considering1 or responding to public comment2 or 7#d7 any power1 jurisdiction1 responsibility1 duty1 or authority that a ,federal1 ,state1 or local governmental agency1 ,indian tribe1 or project sponsor has with respect to carrying out a project or any other provision of law applicable to projects4 7l7 ,timing of claims 7#a7 ,timing 7,a7 ,in general ,notwithstanding any other provision of law1 a claim arising under ,federal law seeking judicial review of a permit1 license1 or other approval issued by a ,federal agency for a project study shall be barred unless the claim is filed not later than #c years after publication of a notice in the ,federal ,register announcing that the permit1 license1 or other approval is final pursuant to the law under which the agency action is taken1 unless a shorter time is specified in the ,federal law that allows judicial review4 7,b7 ,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 permit1 license1 or other approval4 7#b7 ,new information 7,a7 ,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 #dj1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,separate action ,the preparation of a supplemental environmental impact statement or other environmental document1 if required under this section1 shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the action shall be #c 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 document4 7m7 ,categorical exclusions 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 survey the use by the ,bureau of ,reclamation of categorical exclusions in projects since #bjje2 7,b7 publish a review of the survey that includes a description of-- 7i7 the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion2 and 7ii7 any requests previously received by the ,secretary for new categorical exclusions2 and 7,c7 solicit requests from other ,federal agencies and project sponsors for new categorical exclusions4 7#b7 ,new categorical exclusions ,not later than #a year after the date of enactment of this ,act1 if the ,secretary has identified a category of activities that merit establishing a categorical exclusion that did not exist on the day before the date of enactment this ,act based on the review under paragraph 7#a71 the ,secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion1 to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7n7 ,review of project acceleration reforms 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall-- 7,a7 assess the reforms carried out under this section2 and 7,b7 not later than #e years and not later than #aj years after the date of enactment of this ,act1 submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that describes the results of the assessment4 7#b7 ,contents ,the reports under paragraph 7#a7 shall include an evaluation of impacts of the reforms carried out under this section on-- 7,a7 project delivery2 7,b7 compliance with environmental laws2 and 7,c7 the environmental impact of projects4 7o7 ,performance measurement ,the ,secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process4 7p7 ,categorical exclusions in emergencies ,for the repair1 reconstruction1 or rehabilitation of a ,bureau of ,reclamation surface water storage project that is in operation or under construction when damaged by an event or incident that results in a declaration by the ,president of a major disaster or emergency pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq471 the ,secretary shall treat such repair1 reconstruction1 or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation71 if the repair or reconstruction activity is-- 7#a7 in the same location with the same capacity1 dimensions1 and design as the original ,bureau of ,reclamation surface water storage project as before the declaration described in this section2 and 7#b7 commenced within a #b-year period beginning on the date of a declaration described in this subsection4 #adf4 ,annual report to ,congress 7a7 ,definition of project report ,in this section1 the term project report means a final feasibility report developed under the ,reclamation ,act of #aijb 7#cb ,stat4 #chh71 and all ,acts amendatory thereof or supplementary thereto4 7b7 ,reports ,not later than ,february #a of each year1 the ,secretary shall develop and submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an annual report1 to be entitled ,report to ,congress on ,future ,water ,project ,development1 that identifies the following3 7#a7 ,project reports ,each project report that meets the criteria established in subsection 7d77#a77;,a74 7#b7 ,proposed project studies ,any proposed project study submitted to the ,secretary by a non-,federal interest pursuant to subsection 7c7 that meets the criteria established in subsection 7d77#a77;,a74 7#c7 ,proposed modifications ,any proposed modification to an authorized water project or project study that meets the criteria established in subsection 7d77#a77;,a7 that-- 7,a7 is submitted to the ,secretary by a non-,federal interest pursuant to subsection 7c72 or 7,b7 is identified by the ,secretary for authorization4 7#d7 ,expedited completion of report and determinations ,any project study that was expedited and any ,secretarial determinations under section #add4 7c7 ,requests for proposals 7#a7 ,publication ,not later than ,may #a of each year1 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 report4 7#b7 ,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 7#a7 by not later than #abj 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 report4 7#c7 ,notification ,on the date of publication of each notice required by this subsection1 the ,secretary shall-- 7,a7 make the notice publicly available1 including on the ,internet2 and 7,b7 provide written notification of the publication to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7d7 ,contents 7#a7 ,project reports1 proposed project studies1 and proposed modifications 7,a7 ,criteria for inclusion in report ,the ,secretary shall include in the annual report only those project reports1 proposed project studies1 and proposed modifications to authorized projects and project studies that-- 7i7 are related to the missions and authorities of the ,bureau of ,reclamation2 7ii7 require specific congressional authorization1 including by an ,act of ,congress2 7iii7 have not been congressionally authorized2 7iv7 have not been included in any previous annual report2 and 7v7 if authorized1 could be carried out by the ,bureau of ,reclamation4 7,b7 ,description of benefits 7i7 ,description ,the ,secretary shall describe in the annual report1 to the extent applicable and practicable1 for each proposed project study and proposed modification to an authorized water resources development project or project study included in the annual report1 the benefits1 as described in clause 7ii71 of each such study or proposed modification4 7ii7 ,benefits ,the benefits 7or expected benefits1 in the case of a proposed project study7 described in this clause are benefits to-- 7,i7 the protection of human life and property2 7,,ii7 improvement to domestic irrigated water and power supplies2 7,,iii7 the national economy2 7,,iv7 the environment2 or 7,v7 the national security interests of the ,united ,states4 7,c7 ,identification of other factors ,the ,secretary shall identify in the annual report1 to the maximum extent practicable-- 7i7 for each proposed project study included in the annual report1 the non-,federal interest that submitted the proposed project study pursuant to subsection 7c72 and 7ii7 for each proposed project study and proposed modification to a project or project study included in the annual report1 whether the non-,federal interest has demonstrated-- 7,i7 that local support exists for the proposed project study or proposed modification to an authorized project or project study 7including the surface water storage development project that is the subject of the proposed feasibility study or the proposed modification to an authorized project study72 and 7,,ii7 the financial ability to provide the required non-,federal cost share4 7#b7 ,transparency ,the ,secretary shall include in the annual report1 for each project report1 proposed project study1 and proposed modification to a project or project study included under paragraph 7#a77;,a7-- 7,a7 the name of the associated non-,federal interest1 including the name of any non-,federal interest that has contributed1 or is expected to contribute1 a non-,federal share of the cost of-- 7i7 the project report2 7ii7 the proposed project study2 7iii7 the authorized project study for which the modification is proposed2 or 7iv7 construction of-- 7,i7 the project that is the subject of-- 7aa7 the water report2 7bb7 the proposed project study2 or 7cc7 the authorized project study for which a modification is proposed2 or 7,,ii7 the proposed modification to a project2 7,b7 a letter or statement of support for the water report1 proposed project study1 or proposed modification to a project or project study from each associated non-,federal interest2 7,c7 the purpose of the feasibility report1 proposed feasibility study1 or proposed modification to a project or project study2 7,d7 an estimate1 to the extent practicable1 of the ,federal1 non-,federal1 and total costs of-- 7i7 the proposed modification to an authorized project study2 and 7ii7 construction of-- 7,i7 the project that is the subject of-- 7aa7 the project report2 or 7bb7 the authorized project study for which a modification is proposed1 with respect to the change in costs resulting from such modification2 or 7,,ii7 the proposed modification to an authorized project2 and 7,e7 an estimate1 to the extent practicable1 of the monetary and nonmonetary benefits of-- 7i7 the project that is the subject of-- 7,i7 the project report2 or 7,,ii7 the authorized project study for which a modification is proposed1 with respect to the benefits of such modification2 or 7ii7 the proposed modification to an authorized project4 7#c7 ,certification ,the ,secretary shall include in the annual report a certification stating that each feasibility report1 proposed feasibility study1 and proposed modification to a project or project study included in the annual report meets the criteria established in paragraph 7#a77;,a74 7#d7 ,appendix ,the ,secretary shall include in the annual report an appendix listing the proposals submitted under subsection 7c7 that were not included in the annual report under paragraph 7#a77;,a7 and a description of why the ,secretary determined that those proposals did not meet the criteria for inclusion under such paragraph4 7e7 ,special rule for initial annual report ,notwithstanding any other deadlines required by this section1 the ,secretary shall-- 7#a7 not later than #fj days after the date of enactment of this ,act1 publish in the ,federal ,register a notice required by subsection 7c77#a72 and 7#b7 include in such notice a requirement that non-,federal interests submit to the ,secretary any proposals described in subsection 7c77#a7 by not later than #abj 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 section4 7f7 ,publication ,on submission of an annual report to ,congress1 the ,secretary shall make the annual report publicly available1 including through publication on the ,internet4 ,,ii ,protecting existing water rights #bja4 ,short title ,this title may be cited as the ,water ,rights ,protection ,act4 #bjb4 ,definitions ,in this title3 7#a7 ,secretary ,the term ,secretary means1 as applicable-- 7,a7 the ,secretary of ,agriculture2 or 7,b7 the ,secretary of the ,interior4 7#b7 ,water right ,the term water right means any surface or groundwater right filed1 permitted1 certified1 confirmed1 decreed1 adjudicated1 or otherwise recognized by a judicial proceeding or by the ,state in which the user acquires possession of the water or puts the water to beneficial use1 including water rights perfected or recognized under ,state law for federally recognized ,indian tribes4 #bjc4 ,applicability ,this title applies to each action by the ,secretary to issue1 renew1 amend1 or extend any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement4 #bjd4 ,prohibitions ,in carrying out an action described in section #bjc1 the ,secretary shall not condition or withhold the action1 in whole or in part1 on-- 7#a7 the transfer of any ,state water right 7including such water rights of joint and sole ownership71 directly or indirectly1 to the ,united ,states or any other designee2 7#b7 the acquisition of a ,state water right in the name of the ,united ,states2 7#c7 limiting the date1 time1 quantity1 location of diversion or pumping1 or place of use of a ,state water right beyond any applicability limitations under ,state water law2 7#d7 limiting the date1 time1 quantity1 location of diversion or pumping1 or place of use of a ,state water right based on jurisdiction over groundwater resources1 unless the limitation imposes no greater restriction to a ,state water right than an applicable ,state law governing groundwater resources2 or 7#e7 the modification of the terms and conditions of groundwater withdrawal1 guidance and reporting procedures1 and conservation and source protection measures established by a ,state4 #bje4 ,policy development ,in developing any rule1 policy1 directive1 management plan1 or similar ,federal action relating to an action described in section #bjc1 the ,secretary-- 7#a7 shall-- 7,a7 recognize the longstanding authority of the ,states relating to evaluating1 protecting1 allocating1 regulating1 and adjudicating issues relating to groundwater2 and 7,b7 coordinate with the ,states to ensure that any rule1 policy1 directive1 management plan1 or similar ,federal action is consistent with1 and imposes no greater restriction or regulatory requirement1 than applicable ,state groundwater law2 and 7#b7 shall not-- 7,a7 adversely affect-- 7i7 the authority of a ,state in adjudicating water rights2 7ii7 any definition established by a ,state with respect to the term beneficial use1 priority of water rights1 or terms of use2 or 7iii7 any other right or obligation of a ,state established under ,state law2 or 7,b7 assert any connection between surface and groundwater that is inconsistent with such a connection recognized by ,state water laws4 #bjf4 ,effect of title 7a7 ,effect on ,reclamation contracts ,nothing in this title interferes with any ,bureau of ,reclamation contract entered into pursuant to the reclamation laws or any water right perfected for a ,federal reclamation project4 7b7 ,effect on ,endangered ,species ,act ,nothing in this title affects the implementation of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7c7 ,effect on ,federal reserved water rights ,nothing in this title limits or expands any reserved water right of the ,federal ,government on land administered by the ,secretary4 7d7 ,effect on ,federal ,power ,act ,nothing in this title limits or expands any authority under section #d7;e71 #aj7;j71 or #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e71 #hjc7;j71 #haa74 7e7 ,effect on ,indian water rights ,nothing in this title limits or expands any water right or treaty right of any federally recognized ,indian tribe4 7f7 ,effect on federally held ,state water rights ,nothing in this title limits the ability of the ,secretary to acquire1 use1 enforce1 or protect a ,state water right owned by the ,united ,states through applicable ,state procedures4 7g7 ,effect on joint ownership ,nothing in this title limits the ability of the owner of a ,state water right to enter into a voluntary agreement with the ,secretary for joint ownership of the ,state water right1 subject to the condition that the joint ownership shall not be a condition of any action described in section #bjc4 ,,iii ,completing and maintaining rural water supply infrastructure ,a ,irrigation rehabilitation and renovation for ,indian tribal governments and economies #cja4 ,short title ,this subtitle may be cited as the ,irrigation ,rehabilitation and ,renovation for ,indian ,tribal ,governments and ,their ,economies ,act or the ,,irrigate ,act4 #cjb4 ,definitions ,in this subtitle3 7#a7 ,deferred maintenance ,the term deferred maintenance means any maintenance activity that was delayed to a future date1 in lieu of being carried out at the time at which the activity was scheduled to be1 or otherwise should have been1 carried out4 7#b7 ,fund ,the term ,fund means the ,indian ,irrigation ,fund established by section #caa4 7#c7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 ,i ,indian ,irrigation ,fund #caa4 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,indian ,irrigation ,fund1 consisting of-- 7#a7 such amounts as are deposited in the ,fund under section #cac2 and 7#b7 any interest earned on investment of amounts in the ,fund under section #cae4 #cab4 ,deposits to ,fund 7a7 ,in general ,for each of fiscal years #bjag through #bjch1 the ,secretary of the ,treasury shall deposit in the ,fund #ce1jjj1jjj of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74 7b7 ,availability of amounts ,amounts deposited in the ,fund under subsection 7a7 shall be used1 subject to appropriation1 to carry out this subtitle4 #cac4 ,expenditures from ,fund 7a7 ,in general ,subject to subsection 7b71 for each of fiscal years #bjag through #bjch1 the ,secretary may1 to the extent provided in advance in appropriations ,acts1 expend from the ,fund1 in accordance with this subtitle1 not more than the sum of-- 7#a7 #ce1jjj1jjj2 and 7#b7 the amount of interest accrued in the ,fund4 7b7 ,additional expenditures ,the ,secretary may expend more than #ce1jjj1jjj for any fiscal year referred to in subsection 7a7 if the additional amounts are available in the ,fund as a result of a failure of the ,secretary to expend all of the amounts available under subsection 7a7 in one or more prior fiscal years4 #cad4 ,investments of amounts 7a7 ,in general ,the ,secretary of the ,treasury shall invest such portion of the ,fund as is not1 in the judgment of the ,secretary1 required to meet current withdrawals4 7b7 ,credits to ,fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to1 and form a part of1 the ,fund4 #cae4 ,transfers of amounts 7a7 ,in general ,the amounts required to be transferred to the ,fund under this part shall be transferred at least monthly from the general fund of the ,treasury to the ,fund on the basis of estimates made by the ,secretary of the ,treasury4 7b7 ,adjustments ,proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or less than the amounts required to be transferred4 #caf4 ,termination ,on ,september #cj1 #bjch-- 7#a7 the ,fund shall terminate2 and 7#b7 the unexpended and unobligated balance of the ,fund shall be transferred to the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74 ,,ii ,repair1 replacement1 and maintenance of certain ,indian irrigation projects #cba4 ,repair1 replacement1 and maintenance of certain ,indian irrigation projects 7a7 ,in general ,the ,secretary shall establish a program to address the deferred maintenance and water storage needs of ,indian irrigation projects that-- 7#a7 create risks to public or employee safety or natural or cultural resources2 and 7#b7 unduly impede the management and efficiency of the ,indian irrigation program4 7b7 ,funding ,consistent with section #cac1 the ,secretary shall use or transfer to the ,bureau of ,indian ,affairs not less than #ce1jjj1jjj of amounts in the ,fund1 plus accrued interest1 for each of fiscal years #bjag through #bjch to carry out maintenance1 repair1 replacement1 and water storage construction activities for one or more of the ,indian irrigation projects described in section #cbb 7including any structures1 facilities1 equipment1 personnel1 or vehicles used in connection with the operation of those projects71 subject to the condition that the funds expended under this part shall not be-- 7#a7 subject to reimbursement by the owners of the land served by the ,indian irrigation projects2 or 7#b7 assessed as debts or liens against the land served by the ,indian irrigation projects4 #cbb4 ,eligible projects ,the projects eligible for funding under section #cba7;b7 are the ,indian irrigation projects in the western ,united ,states that1 on the date of enactment of this ,act-- 7#a7 are owned by the ,federal ,government1 as listed in the ,federal inventory required by ,executive ,order #accbg 7#dj ,u4,s4,c4 #aba note2 relating to ,federal real property asset management72 7#b7 are managed and operated by the ,bureau of ,indian ,affairs 7including projects managed1 operated1 or maintained under contracts or compacts pursuant to the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq4772 and 7#c7 have deferred maintenance documented by the ,bureau of ,indian ,affairs4 #cbc4 ,requirements and conditions ,not later than #abj days after the date of enactment of this ,act and as a precondition to amounts being expended from the ,fund to carry out this part1 the ,secretary1 in consultation with the ,assistant ,secretary for ,indian ,affairs and representatives of affected ,indian tribes1 shall develop and submit to ,congress-- 7#a7 programmatic goals to carry out this part that-- 7,a7 would enable the completion of repairing1 replacing1 modernizing1 or performing maintenance on projects as expeditiously as possible2 7,b7 facilitate or improve the ability of the ,bureau of ,indian ,affairs to carry out the mission of the ,bureau of ,indian ,affairs in operating a project2 7,c7 ensure that the results of government-to-government consultation required under section #cbe be addressed2 and 7,d7 would facilitate the construction of new water storage using non-,federal contributions to address tribal1 regional1 and watershed-level supply needs2 and 7#b7 funding prioritization criteria to serve as a methodology for distributing funds under this part1 that take into account-- 7,a7 the extent to which deferred maintenance of qualifying irrigation projects poses a threat to public or employee safety or health2 7,b7 the extent to which deferred maintenance poses a threat to natural or cultural resources2 7,c7 the extent to which deferred maintenance poses a threat to the ability of the ,bureau of ,indian ,affairs to carry out the mission of the ,bureau of ,indian ,affairs in operating the project2 7,d7 the extent to which repairing1 replacing1 modernizing1 or performing maintenance on a facility or structure will-- 7i7 improve public or employee safety1 health1 or accessibility2 7ii7 assist in compliance with codes1 standards1 laws1 or other requirements2 7iii7 address unmet needs2 and 7iv7 assist in protecting natural or cultural resources2 7,e7 the methodology of the rehabilitation priority index of the ,secretary1 as in effect on the date of enactment of this ,act2 7,f7 the potential economic benefits of the expenditures on job creation and general economic development in the affected tribal communities2 7,g7 the ability of the qualifying project to address tribal1 regional1 and watershed level water supply needs2 and 7,h7 such other factors as the ,secretary determines to be appropriate to prioritize the use of available funds that are1 to the fullest extent practicable1 consistent with tribal and user recommendations received pursuant to the consultation and input process under section #cbe4 #cbd4 ,study of ,indian irrigation program and project management 7a7 ,tribal consultation and other input ,before beginning to conduct the study required under subsection 7b71 the ,secretary shall-- 7#a7 consult with the ,indian tribes that have jurisdiction over the land on which an irrigation project eligible to receive funding under section #cbb is located2 and 7#b7 solicit and consider the input1 comments1 and recommendations of-- 7,a7 the landowners served by the irrigation project2 and 7,b7 irrigators from adjacent irrigation districts4 7b7 ,study ,not later than #b years after the date of enactment of this ,act1 the ,secretary of the ,interior1 acting through the ,assistant ,secretary for ,indian ,affairs1 shall complete a study that evaluates options for improving programmatic and project management and performance of irrigation projects managed and operated in whole or in part by the ,bureau of ,indian ,affairs4 7c7 ,report ,on completion of the study under subsection 7b71 the ,secretary of the ,interior1 acting through the ,assistant ,secretary for ,indian ,affairs1 shall submit to the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that-- 7#a7 describes the results of the study2 7#b7 determines the cost to financially sustain each project2 7#c7 recommends whether management of each project could be improved by transferring management responsibilities to other ,federal agencies or water user groups2 and 7#d7 includes recommendations for improving programmatic and project management and performance-- 7,a7 in each qualifying project area2 and 7,b7 for the program as a whole4 7d7 ,status report ,not later than #b years after the date of enactment of this ,act1 and not less frequently than every #b years thereafter1 the ,secretary of the ,interior1 acting through the ,assistant ,secretary for ,indian ,affairs1 shall submit to the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that includes a description of-- 7#a7 the progress made toward addressing the deferred maintenance needs of the ,indian irrigation projects described in section #cbb1 including a list of projects funded during the fiscal period covered by the report2 7#b7 the outstanding needs of those projects that have been provided funding to address the deferred maintenance needs pursuant to this part2 7#c7 the remaining needs of any of those projects2 7#d7 how the goals established pursuant to section #cbc have been met1 including-- 7,a7 an identification and assessment of any deficiencies or shortfalls in meeting those goals2 and 7,b7 a plan to address the deficiencies or shortfalls in meeting those goals2 and 7#e7 any other subject matters the ,secretary of the ,interior1 to the maximum extent practicable consistent with tribal and user recommendations received pursuant to the consultation and input process under this section1 determines to be appropriate4 #cbe4 ,tribal consultation and user input ,before expending funds on an ,indian irrigation project pursuant to section #cba and not later than #abj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 consult with the ,indian tribe that has jurisdiction over the land on which an irrigation project eligible to receive funding under section #cbb is located2 and 7#b7 solicit and consider the input1 comments1 and recommendations of-- 7,a7 the landowners served by the irrigation project2 and 7,b7 irrigators from adjacent irrigation districts4 #cbf4 ,allocation among projects 7a7 ,in general ,subject to subsection 7b71 to the maximum extent practicable1 the ,secretary shall ensure that1 for each of fiscal years #bjag through #bjch1 each ,indian irrigation project eligible for funding under section #cbb that has critical maintenance needs receives part of the funding under section #cba to address critical maintenance needs4 7b7 ,priority ,in allocating amounts under section #cba7;b71 in addition to considering the funding priorities described in section #cbc1 the ,secretary shall give priority to eligible ,indian irrigation projects serving more than #a ,indian tribe within an ,indian reservation and to projects for which funding has not been made available during the #aj-year period ending on the day before the date of enactment of this ,act under any other ,act of ,congress that expressly identifies the ,indian irrigation project or the ,indian reservation of the project to address the deferred maintenance1 repair1 or replacement needs of the ,indian irrigation project4 7c7 ,cap on funding 7#a7 ,in general ,subject to paragraph 7#b71 in allocating amounts under section #cba7;b71 the ,secretary shall allocate not more than #ae1jjj1jjj to any individual ,indian irrigation project described in section #cbb during any consecutive #c-year period4 7#b7 ,exception ,notwithstanding the cap described in paragraph 7#a71 if the full amount under section #cba7;b7 cannot be fully allocated to eligible ,indian irrigation projects because the costs of the remaining activities authorized in section #cba7;b7 of an irrigation project would exceed the cap described in paragraph 7#a71 the ,secretary may allocate the remaining funds to eligible ,indian irrigation projects in accordance with this part4 7d7 ,basis of funding ,any amounts made available under this section shall be nonreimbursable4 7e7 ,applicability of ,,isdeaa ,the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq47 shall apply to activities carried out under this section4 ,b ,clean water for rural communities #cca4 ,short title ,this subtitle may be cited as the ,clean ,water for ,rural ,communities ,act4 #ccb4 ,purpose ,the purpose of this subtitle is to ensure a safe and adequate municipal1 rural1 and industrial water supply for the citizens of-- 7#a7 ,dawson1 ,garfield1 ,mc,cone1 ,prairie1 ,richland1 ,judith ,basin1 ,wheatland1 ,golden ,valley1 ,fergus1 ,yellowstone1 and ,musselshell ,counties in the ,state of ,montana2 and 7#b7 ,mc,kenzie ,county1 ,north ,dakota4 #ccc4 ,definitions ,in this subtitle3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,western ,area ,power ,administration4 7#b7 ,authority ,the term ,authority means-- 7,a7 in the case of the ,dry-,redwater ,regional ,water ,authority ,system-- 7i7 the ,dry-,redwater ,regional ,water ,authority1 which is a publicly owned nonprofit water authority formed in accordance with ,mont4 ,code ,ann4 #ge-f-cjb 7#bjjg72 and 7ii7 any nonprofit successor entity to the ,authority described in clause 7i72 and 7,b7 in the case of the ,musselshell-,judith ,rural ,water ,system-- 7i7 the ,central ,montana ,regional ,water ,authority1 which is a publicly owned nonprofit water authority formed in accordance with ,mont4 ,code ,ann4 #ge-f-cjb 7#bjjg72 and 7ii7 any nonprofit successor entity to the ,authority described in clause 7i74 7#c7 ,dry-,redwater ,regional ,water ,authority ,system ,the term ,dry-,redwater ,regional ,water ,authority ,system means the ,dry-,redwater ,regional ,water ,authority ,system authorized under section #ccd7;a77#a7 with a project service area that includes-- 7,a7 ,garfield and ,mc,cone ,counties in the ,state2 7,b7 the area west of the ,yellowstone ,river in ,dawson and ,richland ,counties in the ,state2 7,c7 ,t4 #ae ,n4 7including the area north of the ,township7 in ,prairie ,county in the ,state2 and 7,d7 the portion of ,mc,kenzie ,county1 ,north ,dakota1 that includes all land that is located west of the ,yellowstone ,river in the ,state of ,north ,dakota4 7#d7 ,integrated system ,the term integrated system means the transmission system owned by the ,western ,area ,power ,administration ,basin ,electric ,power ,district and the ,heartland ,consumers ,power ,district4 7#e7 ,musselshell-,judith ,rural ,water ,system ,the term ,musselshell-,judith ,rural ,water ,system means the ,musselshell-,judith ,rural ,water ,system authorized under section #ccd7;a77#b7 with a project service area that includes-- 7,a7 ,judith ,basin1 ,wheatland1 ,golden ,valley1 and ,musselshell ,counties in the ,state2 7,b7 the portion of ,yellowstone ,county in the ,state within #b miles of ,state ,highway #c and within #d miles of the county line between ,golden ,valley and ,yellowstone ,counties in the ,state1 inclusive of the ,town of ,broadview1 ,montana2 and 7,c7 the portion of ,fergus ,county in the ,state within #b miles of ,,us ,highway #hg and within #d miles of the county line between ,fergus and ,judith ,basin ,counties in the ,state1 inclusive of the ,town of ,moore1 ,montana4 7#f7 ,non-,federal distribution system ,the term non-,federal distribution system means a non-,federal utility that provides electricity to the counties covered by the ,dry-,redwater ,regional ,water ,authority ,system4 7#g7 ,pick-,sloan program ,the term ,pick-,sloan program means the ,pick-,sloan ,missouri ,river ,basin ,program 7authorized by section #i of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hia1 chapter #ffe774 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#i7 ,state ,the term ,state means the ,state of ,montana4 7#aj7 ,water ,system ,the term ,water ,system means-- 7,a7 the ,dry-,redwater ,regional ,water ,authority ,system2 and 7,b7 the ,musselshell-,judith ,rural ,water ,system4 #ccd4 ,dry-,redwater ,regional ,water ,authority ,system and ,musselshell-,judith ,rural ,water ,system 7a7 ,in general ,the ,secretary may carry out-- 7#a7 the project entitled the ,dry-,redwater ,regional ,water ,authority ,system in a manner that is substantially in accordance with the feasibility study entitled ,dry-,redwater ,regional ,water ,system ,feasibility ,study 7including revisions of the study71 which received funding from the ,bureau of ,reclamation on ,september #a1 #bjaj2 and 7#b7 the project entitled the ,musselshell-,judith ,rural ,water ,system in a manner that is substantially in accordance with the feasibility report entitled ,musselshell-,judith ,rural ,water ,system ,feasibility ,report 7including any and all revisions of the report74 7b7 ,cooperative agreement ,the ,secretary shall enter into a cooperative agreement with the ,authority to provide ,federal assistance for the planning1 design1 and construction of the ,water ,systems4 7c7 ,cost-,sharing requirement 7#a7 ,federal share 7,a7 ,in general ,the ,federal share of the costs relating to the planning1 design1 and construction of the ,water ,systems shall not exceed-- 7i7 in the case of the ,dry-,redwater ,regional ,water ,authority ,system-- 7,i7 #ge percent of the total cost of the ,dry-,redwater ,regional ,water ,authority ,system2 or 7,,ii7 such other lesser amount as may be determined by the ,secretary1 acting through the ,commissioner of ,reclamation1 in a feasibility report2 or 7ii7 in the case of the ,musselshell-,judith ,rural ,water ,system1 #ge percent of the total cost of the ,musselshell-,judith ,rural ,water ,system4 7,b7 ,limitation ,amounts made available under subparagraph 7,a7 shall not be returnable or reimbursable under the reclamation laws4 7#b7 ,use of ,federal funds 7,a7 ,general uses ,subject to subparagraphs 7,b7 and 7,c71 the ,water ,systems may use ,federal funds made available to carry out this section for-- 7i7 facilities relating to-- 7,i7 water pumping2 7,,ii7 water treatment2 and 7,,iii7 water storage2 7ii7 transmission pipelines2 7iii7 pumping stations2 7iv7 appurtenant buildings1 maintenance equipment1 and access roads2 7v7 any interconnection facility that connects a pipeline of the ,water ,system to a pipeline of a public water system2 7vi7 electrical power transmission and distribution facilities required for the operation and maintenance of the ,water ,system2 7vii7 any other facility or service required for the development of a rural water distribution system1 as determined by the ,secretary2 and 7viii7 any property or property right required for the construction or operation of a facility described in this subsection4 7,b7 ,additional uses ,in addition to the uses described in subparagraph 7,a7-- 7i7 the ,dry-,redwater ,regional ,water ,authority ,system may use ,federal funds made available to carry out this section for-- 7,i7 facilities relating to water intake2 and 7,,ii7 distribution1 pumping1 and storage facilities that-- 7aa7 serve the needs of citizens who use public water systems2 7bb7 are in existence on the date of enactment of this ,act2 and 7cc7 may be purchased1 improved1 and repaired in accordance with a cooperative agreement entered into by the ,secretary under subsection 7b72 and 7ii7 the ,musselshell-,judith ,rural ,water ,system may use ,federal funds made available to carry out this section for-- 7,i7 facilities relating to-- 7aa7 water supply wells2 and 7bb7 distribution pipelines2 and 7,,ii7 control systems4 7,c7 ,limitation ,federal funds made available to carry out this section shall not be used for the operation1 maintenance1 or replacement of the ,water ,systems4 7,d7 ,title ,title to the ,water ,systems shall be held by the ,authority4 #cce4 ,use of power from ,pick-,sloan program by ,dry-,redwater ,regional ,water ,authority ,system 7a7 ,finding ,congress finds that-- 7#a7 ,mc,cone and ,garfield ,counties in the ,state were designated as impact counties during the period in which the ,fort ,peck ,dam was constructed2 and 7#b7 as a result of the designation1 the ,counties referred to in paragraph 7#a7 were to receive impact mitigation benefits in accordance with the ,pick-,sloan program4 7b7 ,availability of power 7#a7 ,in general ,subject to paragraph 7#b71 the ,administrator shall make available to the ,dry-,redwater ,regional ,water ,authority ,system a quantity of power required1 of up to #aa_/b megawatt capacity1 to meet the pumping and incidental operation requirements of the ,dry-,redwater ,regional ,water ,authority ,system during the period beginning on ,may #a and ending on ,october #ca of each year-- 7,a7 from the water intake facilities2 and 7,b7 through all pumping stations1 water treatment facilities1 reservoirs1 storage tanks1 and pipelines up to the point of delivery of water by the water supply system to all storage reservoirs and tanks and each entity that distributes water at retail to individual users4 7#b7 ,eligibility ,the ,dry-,redwater ,regional ,water ,authority ,system shall be eligible to receive power under paragraph 7#a7 if the ,dry-,redwater ,regional ,water ,authority ,system-- 7,a7 operates on a not-for-profit basis2 and 7,b7 is constructed pursuant to a cooperative agreement entered into by the ,secretary under section #ccd7;b74 7#c7 ,rate ,the ,administrator shall establish the cost of the power described in paragraph 7#a7 at the firm power rate4 7#d7 ,additional power 7,a7 ,in general ,if power1 in addition to that made available to the ,dry-,redwater ,regional ,water ,authority ,system under paragraph 7#a71 is necessary to meet the pumping requirements of the ,dry-,redwater ,regional ,water ,authority1 the ,administrator may purchase the necessary additional power at the best available rate4 7,b7 ,reimbursement ,the cost of purchasing additional power shall be reimbursed to the ,administrator by the ,dry-,redwater ,regional ,water ,authority4 7#e7 ,responsibility for power charges ,the ,dry-,redwater ,regional ,water ,authority shall be responsible for the payment of the power charge described in paragraph 7#d7 and non-,federal delivery costs described in paragraph 7#f74 7#f7 ,transmission arrangements 7,a7 ,in general ,the ,dry-,redwater ,regional ,water ,authority ,system shall be responsible for all non-,federal transmission and distribution system delivery and service arrangements4 7,b7 ,upgrades ,the ,dry-,redwater ,regional ,water ,authority ,system shall be responsible for funding any transmission upgrades1 if required1 to the integrated system necessary to deliver power to the ,dry-,redwater ,regional ,water ,authority ,system4 #ccf4 ,water rights ,nothing in this subtitle-- 7#a7 preempts or affects any ,state water law2 or 7#b7 affects any authority of a ,state1 as in effect on the date of enactment of this ,act1 to manage water resources within that ,state4 #ccg4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated such sums as are necessary to carry out the planning1 design1 and construction of the ,water ,systems1 substantially in accordance with the cost estimate set forth in the applicable feasibility study or feasibility report described in section #ccd7;a74 7b7 ,cost indexing 7#a7 ,in general ,the amount authorized to be appropriated under subsection 7a7 may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after the applicable date specified in paragraph 7#b71 as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the ,water ,systems4 7#b7 ,applicable dates ,the date referred to in paragraph 7#a7 is-- 7,a7 in the case of the ,dry-,redwater ,regional ,water ,authority ,system1 ,january #a1 #bjjh2 and 7,b7 in the case of the ,musselshell-,judith ,rural ,water ,authority ,system1 ,november #a1 #bjad4 ,,iv ,offset #dja4 ,accelerated revenue1 repayment1 and surface water storage enhancement 7a7 ,short title ,this section may be cited as the ,accelerated ,revenue1 ,repayment1 and ,surface ,water ,storage ,enhancement ,act4 7b7 ,definitions ,in this section3 7#a7 ,construction 7,a7 ,in general ,the term construction means the designing1 materials engineering and testing1 surveying1 and building of surface water storage4 7,b7 ,inclusions ,the term construction includes-- 7i7 any addition to existing surface water storage2 and 7ii7 construction of a new surface water storage facility4 7,c7 ,exclusions ,the term construction excludes any ,federal statutory or regulatory obligation relating to any permit1 review1 approval1 or other similar requirement4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,surface water storage ,the term surface water storage means storage at-- 7,a7 any federally owned facility under the jurisdiction of the ,bureau of ,reclamation2 or 7,b7 any non-,federal facility used for the surface storage and supply of water resources4 7#d7 ,treasury rate ,the term ,treasury rate means the #bj-year constant maturity treasury rate published by the ,united ,states ,treasury1 as in existence on the effective date of the applicable contract4 7#e7 ,water users association 7,a7 ,in general ,the term water users association means an entity organized and recognized under ,state law that is eligible to enter into contracts with the ,commissioner-- 7i7 to receive contract water for delivery to users of the water2 and 7ii7 to pay any applicable charges4 7,b7 ,inclusions ,the term water users association includes-- 7i7 an association2 7ii7 a conservatory district2 7iii7 an irrigation district2 7iv7 a municipality2 and 7v7 a water project contract unit4 7c7 ,conversion and prepayment of contracts 7#a7 ,conversion 7,a7 ,in general ,on receipt of a request from a water users association1 the ,secretary shall convert any water service contract between the ,united ,states and the water users association to allow for prepayment of the repayment contract in accordance with this paragraph under mutually agreeable terms and conditions4 7,b7 ,manner ,the manner of conversion under this paragraph shall be as follows3 7i7 ,water service contracts entered under section #i7;c77#b7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid1 chapter #dah71 to be converted under this section shall be converted to a contract under section #i7;c77#a7 of that ,act 7#ec ,stat4 #aaid1 chapter #dah74 7ii7 ,water service contracts entered into under section #i7;e7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaif1 chapter #dah71 to be converted under this section shall be converted to repayment contracts under section #i7;d7 of that ,act 7#ec ,stat4 #aaie1 chapter #dah74 7#b7 ,prepayment 7,a7 ,section #i7;c77#a7 ,except for a repayment contract under which the applicable water users association has previously negotiated for prepayment1 each repayment contract under section #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid1 chapter #dah7 7including any contract converted pursuant to paragraph 7#a77;,b77i771 in effect on the date of enactment of this ,act shall1 at the request of the water users association-- 7i7 provide for the repayment in lump sum of the remaining construction costs identified in an applicable water project-specific municipal or industrial rate repayment schedule 7as adjusted to reflect payment not reflected in the schedule7 and properly assignable for ultimate return by the water users association1 subject to the condition that an estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the water users association by not later than #ij days after the date of receipt of the request of the water users association2 7ii7 require that any construction costs or other capitalized costs that were incurred after the effective date of the contract1 were not reflected in the rate schedule referred to in clause 7i71 or were not properly assignable to the water users association1 and were incurred as a result of a collective annual allocation of capital costs to the water users association electing contract conversion under this subsection1 shall be repaid-- 7,i7 for costs equal to less than #e1jjj1jjj1 by not later than the date that is #e years after the date of notification of the allocation2 or 7,,ii7 for costs equal to #e1jjj1jjj or more1 in accordance with applicable reclamation laws2 and 7iii7 continue in effect for the period during which the water users association pays applicable charges in accordance with section #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid1 chapter #dah71 and other applicable law4 7,b7 ,section #i7;d7 ,except for a repayment contract under which the applicable water users association has previously negotiated for prepayment1 each repayment contract under section #i7;d7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie1 chapter #dah7 7including any contract converted pursuant to paragraph 7#a77;,b77ii771 in effect on the date of enactment of this ,act shall1 at the request of the water users association-- 7i7 provide for repayment of the remaining construction costs identified in an applicable water project-specific irrigation rate repayment schedule 7as adjusted to reflect payment not reflected in the schedule7 and properly assignable for ultimate return by the water users association in lump sum1 by accelerated prepayment1 or if made in approximately equal installments1 by not later than #c years after the effective date of the repayment contract1 subject to the conditions that-- 7,i7 the amount shall be discounted by #a_/b the ,treasury rate2 and 7,,ii7 the estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the water users association by not later than #ij days after the date of receipt of the request of the water users association2 7ii7 require that any construction costs or other capitalized costs that were incurred after the effective date of the contract1 were not reflected in the rate schedule referred to in clause 7i71 or were not properly assignable to the water users association1 and were incurred as a result of a collective annual allocation of capital costs to the water users association electing contract conversion under this subsection1 shall be repaid-- 7,i7 for costs equal to less than #e1jjj1jjj1 by not later than the date that is #e years after the date of notification of the allocation2 or 7,,ii7 for costs equal to #e1jjj1jjj or more1 in accordance with applicable reclamation laws2 7iii7 provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract2 and 7iv7 continue in effect for the period during which the water users association pays applicable charges in accordance with section #i7;d7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie1 chapter #dah71 and other applicable law4 7#c7 ,treatment ,a contract entered into pursuant to this subsection-- 7,a7 shall not be adjusted on the basis of the type of prepayment financing used by the applicable water users association2 7,b7 shall conform to any other applicable agreement1 such as a settlement agreement or a new constructed appurtenant facility agreement2 and 7,c7 shall not modify any other-- 7i7 water service1 repayment1 exchange1 or transfer contractual right between the water users association1 and the ,bureau of ,reclamation2 or 7ii7 right1 obligation1 or relationship of the water users association and an applicable landowner in accordance with ,state law4 7d7 ,accounting 7#a7 ,adjustment ,the amounts paid pursuant to subsection 7c7 shall be subject to adjustment following a final cost allocation by the ,secretary4 7#b7 ,deficiencies 7,a7 ,in general ,if the final cost allocation under paragraph 7#a7 indicates that the costs properly assignable to a water users association are greater than the costs paid by the water users association1 the water users association shall be obligated to pay to the ,secretary the remaining allocated costs under an additional repayment contract under subparagraph 7,b74 7,b7 ,additional repayment contracts ,an additional repayment contract required by subparagraph 7,a7 shall-- 7i7 have a term of-- 7,i7 not less than #a year2 and 7,,ii7 not more than #aj years2 and 7ii7 include such mutually agreeable provisions regarding the rate of repayment of the deficient amount as may be developed by the parties4 7#c7 ,overpayments ,if the final cost allocation under paragraph 7#a7 indicates that the costs properly assignable to a water users association are less than the costs paid by the water users association1 the ,secretary shall credit the amount of the overpayment as an offset against any outstanding or future obligation of the water users association with the exception of ,restoration ,fund charges pursuant to section #cdjg7;d7 of ,public ,law #ajb-ege 7#ajf ,stat4 #dgbg74 7e7 ,applicability of certain provisions 7#a7 ,effect of existing law ,on compliance by a water users association with1 and discharge of the obligation of repayment of the construction costs pursuant to1 a contract entered into under to subsection 7c77#b77;,b71 subsections 7a7 and 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cijmm7 shall apply to any affected land4 7#b7 ,effect of other obligations ,the obligation of a water users association to repay any construction costs or other capitalized cost described in subparagraph 7,a77ii7 or 7,b77ii7 of subsection 7c77#b71 or subsection 7d71 shall not1 on repayment1 affect-- 7,a7 the status of the water users association as having repaid all of the construction costs assignable to the water users association2 or 7,b7 the applicability of subsection 7a7 or 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cijmm74 7f7 ,effect of section ,nothing in this section-- 7#a7 alters the repayment obligation of any water service or repayment contractor receiving water from a water project1 or shifts any costs that would otherwise have been properly assignable to a water users association described in subsection 7c7 or another contractor1 absent this section1 including operation and maintenance costs1 construction costs1 or other capitalized costs incurred after the date of enactment of this ,act2 7#b7 alters any specific requirement for the disposition of amounts received as repayments by the ,secretary under the reclamation laws2 or 7#c7 except as expressly provided in this section1 alters any obligations under the reclamation law1 including the continuation of ,restoration ,fund charges pursuant to section #cdjg7;d7 of ,public ,law #ajb-ege 7#ajf ,stat4 #dgbg71 of the water service and repayment contractors making prepayments pursuant to this section4