,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bc ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjag,mr4 ,valadao 7for himself1 ,mr4 ,nunes1 ,mr4 ,rohrabacher1 ,mr4 ,cook1 ,mr4 ,issa1 ,mr4 ,royce of ,california1 ,mrs4 ,mimi ,walters of ,california1 ,mr4 ,calvert1 ,mr4 ,knight1 ,mr4 ,mc,carthy1 ,mr4 ,hunter1 ,mr4 ,la,malfa1 and ,mr4 ,mc,clintock7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide drought relief in the ,state of ,california1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,gaining ,responsibility on ,water ,act of #bjag4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,central ,valley ,project ,water ,reliability ,sec4 #aja4 ,amendment to purposes4 ,sec4 #ajb4 ,amendment to definition4 ,sec4 #ajc4 ,contracts4 ,sec4 #ajd4 ,water transfers1 improved water management1 and conservation4 ,sec4 #aje4 ,fish1 wildlife1 and habitat restoration4 ,sec4 #ajf4 ,restoration fund4 ,sec4 #ajg4 ,additional authorities4 ,sec4 #ajh4 ,bay-,delta ,accord4 ,sec4 #aji4 ,natural and artificially spawned species4 ,sec4 #aaj4 ,regulatory streamlining4 ,sec4 #aaa4 ,additional emergency consultation4 ,sec4 #aab4 ,regarding the operation of ,folsom ,reservoir4 ,sec4 #aac4 ,applicants4 ,sec4 #aad4 ,san ,joaquin ,river settlement4 ,title ,,ii--,,calfed ,,storage ,,feasibility ,,studies ,sec4 #bja4 ,studies4 ,sec4 #bjb4 ,temperance ,flat4 ,sec4 #bjc4 ,,calfed storage accountability4 ,sec4 #bjd4 ,water storage project construction4 ,title ,,iii--,,water ,,rights ,,protections ,sec4 #cja4 ,offset for ,state ,water ,project4 ,sec4 #cjb4 ,area of origin protections4 ,sec4 #cjc4 ,no redirected adverse impacts4 ,sec4 #cjd4 ,allocations for ,sacramento ,valley contractors4 ,sec4 #cje4 ,effect on existing obligations4 ,title ,,iv--,,miscellaneous ,sec4 #dja4 ,water supply accounting4 ,sec4 #djb4 ,operations of the ,trinity ,river ,division4 ,sec4 #djc4 ,report on results of water usage4 ,sec4 #djd4 ,klamath project consultation applicants4 ,sec4 #dje4 ,losses caused by the construction and operation of storage projects4 ,sec4 #djf4 ,,ca ,state ,water ,resources ,control ,board4 ,title ,v--,water ,supply ,permitting ,act ,sec4 #eja4 ,short title4 ,sec4 #ejb4 ,definitions4 ,sec4 #ejc4 ,establishment of lead agency and cooperating agencies4 ,sec4 #ejd4 ,bureau responsibilities4 ,sec4 #eje4 ,cooperating agency responsibilities4 ,sec4 #ejf4 ,funding to process permits4 ,title ,,vi--,bureau of ,reclamation ,project ,streamlining ,sec4 #fja4 ,short title4 ,sec4 #fjb4 ,definitions4 ,sec4 #fjc4 ,acceleration of studies4 ,sec4 #fjd4 ,expedited completion of reports4 ,sec4 #fje4 ,project acceleration4 ,sec4 #fjf4 ,annual report to ,congress4 ,title ,,vii--,accelerated ,revenue1 ,repayment1 and ,surface ,water ,storage ,enhancement ,sec4 #gja4 ,short title4 ,sec4 #gjb4 ,prepayment of certain repayment contracts between the ,united ,states and contractors of federally developed water supplies4 ,title ,,viii--,safety of ,dams ,sec4 #hja4 ,authorization of additional project benefits4 ,title ,,ix--,water ,rights ,protection ,sec4 #ija4 ,short title4 ,sec4 #ijb4 ,definition of water right4 ,sec4 #ijc4 ,treatment of water rights4 ,sec4 #ijd4 ,recognition of ,state authority4 ,sec4 #ije4 ,effect of title4 ,i ,central ,valley ,project ,water ,reliability #aja4 ,amendment to purposes ,section #cdjb of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgjf7 is amended-- 7#a7 in subsection 7f71 by striking the period at the end2 and 7#b7 by adding at the end the following3 7g7 to ensure that water dedicated to fish and wildlife purposes by this title is replaced and provided to ,central ,valley ,project water contractors by ,december #ca1 #bjah1 at the lowest cost reasonably achievable2 and 7h7 to facilitate and expedite water transfers in accordance with this ,act4 4 #ajb4 ,amendment to definition ,section #cdjc of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgjg7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 the term anadromous fish means those native stocks of salmon 7including steelhead7 and sturgeon that1 as of ,october #cj1 #aiib1 were present in the ,sacramento and ,san ,joaquin ,rivers and their tributaries and ascend those rivers and their tributaries to reproduce after maturing in ,san ,francisco ,bay or the ,pacific ,ocean2 2 7#b7 in subsection 7l71 by striking and12 7#c7 in subsection 7m71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7n7 the term reasonable flows means water flows capable of being maintained taking into account competing consumptive uses of water and economic1 environmental1 and social factors4 4 #ajc4 ,contracts ,section #cdjd of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgjh7 is amended-- 7#a7 in the heading1 by striking ,limitation on contracting and contract reform and inserting ,contracts2 and 7#b7 by striking the language of the section and by adding3 7a7 ,renewal of existing long-,term contracts ,upon request of the contractor1 the ,secretary shall renew any existing long-term repayment or water service contract that provides for the delivery of water from the ,central ,valley ,project for a period of #dj years4 7b7 ,administration of ,contracts ,except as expressly provided by this ,act1 any existing long-term repayment or water service contract for the delivery of water from the ,central ,valley ,project shall be administered pursuant to the ,act of ,july #b1 #aief 7#gj ,stat4 #dhc74 7c7 ,delivery charge ,beginning on the date of the enactment of this ,act1 a contract entered into or renewed pursuant to this section shall include a provision that requires the ,secretary to charge the other party to such contract only for water actually delivered by the ,secretary4 4 #ajd4 ,water transfers1 improved water management1 and conservation ,section #cdje of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgji7 is amended as follows3 7#a7 ,in subsection 7a7-- 7,a7 by inserting before ,except as provided herein the following3 ,the ,secretary shall take all necessary actions to facilitate and expedite transfers of ,central ,valley ,project water in accordance with this ,act or any other provision of ,federal reclamation law and the ,national ,environmental ,policy ,act of #aifi42 7,b7 in paragraph 7#a77;,a71 by striking to combination and inserting or combination2 7,c7 in paragraph 7#b71 by adding at the end the following3 7,e7 ,the contracting district from which the water is coming1 the agency1 or the ,secretary shall determine if a written transfer proposal is complete within #de days after the date of submission of such proposal4 ,if such district or agency or the ,secretary determines that such proposal is incomplete1 such district or agency or the ,secretary shall state with specificity what must be added to or revised in order for such proposal to be complete4 7,f7 ,except as provided in this section1 the ,secretary shall not impose mitigation or other requirements on a proposed transfer1 but the contracting district from which the water is coming or the agency shall retain all authority under ,state law to approve or condition a proposed transfer4 2 and 7,d7 by adding at the end the following3 7#d7 ,notwithstanding any other provision of ,federal reclamation law-- 7,a7 the authority to make transfers or exchanges of1 or banking or recharge arrangements using1 ,central ,valley ,project water that could have been conducted before ,october #cj1 #aiib1 is valid1 and such transfers1 exchanges1 or arrangements shall not be subject to1 limited1 or conditioned by this title2 and 7,b7 this title shall not supersede or revoke the authority to transfer1 exchange1 bank1 or recharge ,central ,valley ,project water that existed prior to ,october #cj1 #aiib4 4 7#b7 ,in subsection 7b7-- 7,a7 in the heading1 by striking ,metering and inserting ,measurement2 and 7,b7 by inserting after the first sentence the following3 ,the contracting district or agency1 not including contracting districts serving multiple agencies with separate governing boards1 shall ensure that all contractor-owned water delivery systems within its boundaries measure surface water at the district or agency's facilities up to the point the surface water is commingled with other water supplies44 7#c7 ,by striking subsection 7d74 7#d7 ,by redesignating subsections 7e7 and 7f7 as subsections 7d7 and 7e71 respectively4 7#e7 ,by amending subsection 7e7 7as redesignated by paragraph 7#d77-- 7,a7 by striking as a result of the increased repayment and inserting that exceed the cost-of-service2 7,b7 by inserting the delivery of after rates applicable to2 and 7,c7 by striking 1 and all increased revenues received by the ,secretary as a result of the increased water prices established under subsection #cdje7;d7 of this section14 #aje4 ,fish1 wildlife1 and habitat restoration ,section #cdjf of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgad7 is amended as follows3 7#a7 ,in subsection 7b7-- 7,a7 in paragraph 7#a77;,b7-- 7i7 by striking is authorized and directed to and inserting may2 7ii7 by inserting reasonable water after to provide2 7iii7 by striking anadromous fish1 except that such and inserting anadromous fish4 ,such2 7iv7 by striking ,instream flow and inserting ,reasonable instream flow2 7v7 by inserting and the ,national ,marine ,fisheries ,service after ,united ,states ,fish and ,wildlife ,service2 and 7vi7 by striking ,california ,department of ,fish and ,game and inserting ,united ,states ,geological ,survey2 7,b7 in paragraph 7#b7-- 7i7 by striking primary purpose and inserting purposes2 7ii7 by striking but not limited to before additional obligations2 and 7iii7 by adding after the period the following3 ,all ,central ,valley ,project water used for the purposes specified in this paragraph shall be credited to the quantity of ,central ,valley ,project yield dedicated and managed under this paragraph by determining how the dedication and management of such water would affect the delivery capability of the ,central ,valley ,project during the #aibh to #aicd drought period after fishery1 water quality1 and other flow and operational requirements imposed by terms and conditions existing in licenses1 permits1 and other agreements pertaining to the ,central ,valley ,project under applicable ,state or ,federal law existing on ,october #cj1 #aiib1 have been met4 ,to the fullest extent possible and in accordance with section #cdaa1 ,central ,valley ,project water dedicated and managed pursuant to this paragraph shall be reused to fulfill the ,secretary's remaining contractual obligations to provide ,central ,valley ,project water for agricultural or municipal and industrial purposes42 and 7,c7 by amending paragraph 7#b77;,c7 to read3 7,c7 ,if by ,march #aeth of any year the quantity of ,central ,valley ,project water forecasted to be made available to water service or repayment contractors in the ,delta ,division of the ,central ,valley ,project is below #ge percent of the total quantity of water to be made available under said contracts1 the quantity of ,central ,valley ,project yield dedicated and managed for that year under this paragraph shall be reduced by #be percent4 4 7#b7 ,by adding at the end the following3 7i7 ,satisfaction of purposes ,by pursuing the activities described in this section1 the ,secretary shall be deemed to have met the mitigation1 protection1 restoration1 and enhancement purposes of this title4 4 #ajf4 ,restoration fund 7a7 ,in general ,section #cdjg7;a7 of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgbf7 is amended as follows3 7#a7 ,by inserting 7#a7 ,in ,general4-- before ,there is hereby4 7#b7 ,by striking ,not less than #fg percent and all that follows through ,monies and inserting ,monies4 7#c7 ,by adding at the end the following3 7#b7 ,prohibitions ,the ,secretary may not directly or indirectly require a donation or other payment to the ,restoration ,fund-- 7,a7 or environmental restoration or mitigation fees not otherwise provided by law1 as a condition to-- 7i7 providing for the storage or conveyance of non-,central ,valley ,project water pursuant to ,federal reclamation laws2 or 7ii7 the delivery of water pursuant to section #bae of the ,reclamation ,reform ,act of #aihb 7,public ,law #ig-bic2 #if ,stat4 #abgj72 or 7,b7 for any water that is delivered with the sole intent of groundwater recharge4 4 7b7 ,certain payments ,section #cdjg7;c77#a7 of the ,central ,valley ,project ,improvement ,act is amended-- 7#a7 by striking mitigation and restoration2 7#b7 by striking provided for or2 and 7#c7 by striking of fish1 wildlife and all that follows through the period and inserting of carrying out all activities described in this title44 7c7 ,adjustment and ,assessment of ,mitigation and ,restoration ,payments ,section #cdjg7;d77#b7 of the ,central ,valley ,project ,improvement ,act is amended by inserting 1 or after ,october #a1 #bjaf1 #d per megawatt-hour for ,central ,valley ,project power sold to power contractors 7,october #bjaf price levels7 after #ab per acre-foot 7,october #aiib price levels7 for municipal and industrial water sold and delivered by the ,central ,valley ,project4 7d7 ,completion of actions ,section #cdjg7;d77#b77;,a7 of the ,central ,valley ,project ,improvement ,act is amended by inserting no later than ,december #ca1 #bjbj1 after ,that upon the completion of the fish1 wildlife1 and habitat mitigation and restoration actions mandated under section #cdjf of this title14 7e7 ,report2 advisory board ,section #cdjg of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgad7 is amended by adding at the end the following3 7g7 ,report on expenditure of funds ,at the end of each fiscal year1 the ,secretary1 in consultation with the ,restoration ,fund ,advisory ,board1 shall submit to ,congress a plan for the expenditure of all of the funds deposited into the ,restoration ,fund during the preceding fiscal year4 ,such plan shall contain a cost-effectiveness analysis of each expenditure4 7h7 ,advisory board 7#a7 ,establishment ,there is hereby established the ,restoration ,fund ,advisory ,board 7hereinafter in this section referred to as the ,advisory ,board7 composed of #ab members selected by the ,secretary1 each for four-year terms1 one of whom shall be designated by the ,secretary as ,chairman4 ,the members shall be selected so as to represent the various ,central ,valley ,project stakeholders1 four of whom shall be from ,,cvp agricultural users1 three from ,,cvp municipal and industrial users1 three from ,,cvp power contractors1 and two at the discretion of the ,secretary4 ,the ,secretary and the ,secretary of ,commerce may each designate a representative to act as an observer of the ,advisory ,board4 7#b7 ,duties ,the duties of the ,advisory ,board are as follows3 7,a7 ,to meet at least semiannually to develop and make recommendations to the ,secretary regarding priorities and spending levels on projects and programs carried out pursuant to the ,central ,valley ,project ,improvement ,act4 7,b7 ,to ensure that any advice or recommendation made by the ,advisory ,board to the ,secretary reflect the independent judgment of the ,advisory ,board4 7,c7 ,not later than ,december #ca1 #bjah1 and annually thereafter1 to transmit to the ,secretary and ,congress recommendations required under subparagraph 7,a74 7,d7 ,not later than ,december #ca1 #bjah1 and biennially thereafter1 to transmit to ,congress a report that details the progress made in achieving the actions mandated under section #cdjf4 7#c7 ,administration ,with the consent of the appropriate agency head1 the ,advisory ,board may use the facilities and services of any ,federal agency4 4 #ajg4 ,additional authorities 7a7 ,authority for certain activities ,section #cdjh7;c7 of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgbh7 is amended to read as follows3 7c7 ,contracts for additional storage and delivery of water 7#a7 ,in general ,the ,secretary is authorized to enter into contracts pursuant to ,federal reclamation law and this title with any ,federal agency1 ,california water user or water agency1 ,state agency1 or private organization for the exchange1 impoundment1 storage1 carriage1 and delivery of nonproject water for domestic1 municipal1 industrial1 fish and wildlife1 and any other beneficial purpose4 7#b7 ,limitation ,nothing in this subsection shall be deemed to supersede the provisions of section #ajc of ,public ,law #ii-edf 7#ajj ,stat4 #cjea74 7#c7 ,authority for certain activities ,the ,secretary shall use the authority granted by this subsection in connection with requests to exchange1 impound1 store1 carry1 or deliver nonproject water using ,central ,valley ,project facilities for any beneficial purpose4 7#d7 ,rates ,the ,secretary shall develop rates not to exceed the amount required to recover the reasonable costs incurred by the ,secretary in connection with a beneficial purpose under this subsection4 ,such rates shall be charged to a party using ,central ,valley ,project facilities for such purpose4 ,such costs shall not include any donation or other payment to the ,restoration ,fund4 7#e7 ,construction ,this subsection shall be construed and implemented to facilitate and encourage the use of ,central ,valley ,project facilities to exchange1 impound1 store1 carry1 or deliver nonproject water for any beneficial purpose4 4 7b7 ,reporting requirements ,section #cdjh7;f7 of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgbi7 is amended-- 7#a7 by striking ,interior and ,insular ,affairs and the ,committee on ,merchant ,marine and ,fisheries and inserting ,natural ,resources2 7#b7 in the second sentence1 by inserting before the period at the end the following3 1 including progress on the plan required by subsection 7j72 and 7#c7 by adding at the end the following3 ,the filing and adequacy of such report shall be personally certified to the committees referenced above by the ,regional ,director of the ,mid-,pacific ,region of the ,bureau of ,reclamation44 7c7 ,project yield increase ,section #cdjh7;j7 of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgcj7 is amended as follows3 7#a7 ,by redesignating paragraphs 7#a7 through 7#g7 as subparagraphs 7,a7 through 7,g71 respectively4 7#b7 ,by striking ,in order to minimize adverse effects1 if any1 upon and inserting 7#a7 ,in general4--,in order to minimize adverse effects upon4 7#c7 ,by striking needs1 the ,secretary1 and all that follows through submit to the ,congress1 a and inserting needs1 the ,secretary1 on a priority basis and not later than ,september #cj1 #bjah1 shall submit to ,congress a4 7#d7 ,by striking increase1 and all that follows through options3 and inserting increase1 as soon as possible but not later than ,september #cj1 #bjag 7except for the construction of new facilities which shall not be limited by that deadline71 the water of the ,central ,valley ,project by the amount dedicated and managed for fish and wildlife purposes under this title and otherwise required to meet the purposes of the ,central ,valley ,project including satisfying contractual obligations4 ,the plan required by this subsection shall include recommendations on appropriate cost-sharing arrangements and authorizing legislation or other measures needed to implement the intent1 purposes1 and provisions of this subsection and a description of how the ,secretary intends to use the following options--4 7#e7 ,in subparagraph 7,a71 by inserting and construction of new water storage facilities before the semicolon4 7#f7 ,in subparagraph 7,f71 by striking and at the end4 7#g7 ,in subparagraph 7,g71 by striking the period and all that follows through the end of the subsection and inserting 2 and4 7#h7 ,by inserting after subparagraph 7,g7 the following3 7,h7 ,water banking and recharge4 4 7#i7 ,by adding at the end the following3 7#b7 ,implementation of plan ,the ,secretary shall implement the plan required by paragraph 7#a7 commencing on ,october #a1 #bjag4 ,in order to carry out this subsection1 the ,secretary shall coordinate with the ,state of ,california in implementing measures for the long-term resolution of problems in the ,san ,francisco ,bay_/,sacramento-,san ,joaquin ,delta ,estuary4 7#c7 ,failure of the plan ,notwithstanding any other provision of ,federal reclamation law1 if by ,september #cj1 #bjah1 the plan required by paragraph 7#a7 fails to increase the annual delivery capability of the ,central ,valley ,project by #hjj1jjj acre-feet1 implementation of any non-mandatory action under section #cdjf7;b77#b7 shall be suspended until the plan achieves an increase in the annual delivery capability of the ,central ,valley ,project by #hjj1jjj acre-feet4 4 7d7 ,technical correction ,section #cdjh7;h7 of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgbi7 is amended-- 7#a7 in paragraph 7#a71 by striking paragraph 7h77#b7 and inserting paragraph 7#b72 and 7#b7 in paragraph 7#b71 by striking paragraph 7h77i7 and inserting paragraph 7#a74 7e7 ,water storage project construction ,the ,secretary1 acting through the ,commissioner of the ,bureau of ,reclamation1 may partner or enter into an agreement on the water storage projects identified in section #ajc7;d77#a7 of the ,water ,supply ,reliability1 and ,environmental ,improvement ,act 7,public ,law #ajh-cfa7 7and ,acts supplemental and amendatory to the ,act7 with local joint powers authorities formed pursuant to ,state law by irrigation districts and other local water districts and local governments within the applicable hydrologic region1 to advance these projects4 ,no additional ,federal funds are authorized for the activities authorized in sections #ajc7;d77#a77;,a77i71 #ajc7;d77#a77;,a77ii71 and #ajc7;d77#a77;,a77iii7 of ,public ,law #ajh-cfa4 ,however1 each water storage project under sections #ajc7;d77#a77;,a77i71 #ajc7;d77#a77;,a77ii71 and #ajc7;d77#a77;,a77iii7 of ,public ,law #ajh-cfa is authorized for construction if non-,federal funds are used for financing and constructing the project4 #ajh4 ,bay-,delta ,accord 7a7 ,congressional direction regarding central valley project and ,california state water project operations ,the ,central ,valley ,project and the ,state ,water ,project shall be operated pursuant to the water quality standards and operational constraints described in the ,principles for ,agreement on the ,bay-,delta ,standards ,between the ,state of ,california and the ,federal ,government dated ,december #ae1 #aiid1 and such operations shall proceed without regard to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or any other law pertaining to the operation of the ,central ,valley ,project and the ,california ,state ,water ,project4 ,implementation of this section shall be in strict conformance with the ,principles for ,agreement on the ,bay-,delta ,standards ,between the ,state of ,california and the ,federal ,government dated ,december #ae1 #aiid4 7b7 ,application of laws to others ,neither a ,federal department nor the ,state of ,california1 including any agency or board of the ,state of ,california1 shall impose on any water right obtained pursuant to ,state law1 including a pre-#aiad appropriative right1 any condition that restricts the exercise of that water right in order to conserve1 enhance1 recover or otherwise protect any species that is affected by operations of the ,central ,valley ,project or ,california ,state ,water ,project4 ,nor shall the ,state of ,california1 including any agency or board of the ,state of ,california1 restrict the exercise of any water right obtained pursuant to ,state law1 including a pre-#aiad appropriative right1 in order to protect1 enhance1 or restore under the ,public ,trust ,doctrine any public trust value4 ,implementation of the ,principles for ,agreement on the ,bay-,delta ,standards ,between the ,state of ,california and the ,federal ,government dated ,december #ae1 #aiid1 shall be in strict compliance with the water rights priority system and statutory protections for areas of origin4 7c7 ,costs ,no cost associated with the implementation of this section shall be imposed directly or indirectly on any ,central ,valley ,project contractor1 or any other person or entity1 unless such costs are incurred on a voluntary basis4 7d7 ,native species protection ,california law is preempted with respect to any restriction on the quantity or size of nonnative fish taken or harvested that preys upon one or more native fish species that occupy the ,sacramento and ,san ,joaquin ,rivers and their tributaries or the ,sacramento-,san ,joaquin ,rivers ,delta4 #aji4 ,natural and artificially spawned species ,after the date of the enactment of this title1 and regardless of the date of listing1 the ,secretaries of the ,interior and ,commerce shall not distinguish between natural-spawned and hatchery-spawned or otherwise artificially propagated strains of a species in making any determination under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 that relates to any anadromous fish species present in the ,sacramento and ,san ,joaquin ,rivers or their tributaries and ascend those rivers and their tributaries to reproduce after maturing in ,san ,francisco ,bay or the ,pacific ,ocean4 #aaj4 ,regulatory streamlining 7a7 ,applicability of certain laws ,filing of a ,notice of ,determination or a ,notice of ,exemption for any project1 including the issuance of a permit under ,state law1 related to any project of the ,,cvp or the delivery of water therefrom in accordance with the ,california ,environmental ,quality ,act shall be deemed to meet the requirements of section #ajb7b77;,c7 of the ,national ,environmental ,protection ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 for that project or permit4 7b7 ,continuation of project ,the ,bureau of ,reclamation shall not be required to cease or modify any major ,federal action or other activity related to any project of the ,,cvp or the delivery of water there from pending completion of judicial review of any determination made under the ,national ,environmental ,protection ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7c7 ,project defined ,for the purposes of this section3 7#a7 ,,cvp ,the term ,,cvp means the ,central ,valley ,project4 7#b7 ,project ,the term project-- 7,a7 means an activity that-- 7i7 is undertaken by a public agency1 funded by a public agency1 or that requires an issuance of a permit by a public agency2 7ii7 has a potential to result in physical change to the environment2 and 7iii7 may be subject to several discretionary approvals by governmental agencies2 7,b7 may include construction activities1 clearing or grading of land1 improvements to existing structures1 and activities or equipment involving the issuance of a permit2 or 7,c7 as defined under the ,california ,environmental ,quality ,act in section #bajfe of the ,california ,public ,resource ,code4 #aaa4 ,additional emergency consultation ,for adjustments to operating criteria other than under section #ajh or to take urgent actions to address water supply shortages for the least amount of time or volume of diversion necessary as determined by the ,commissioner of ,reclamation1 no mitigation measures shall be required during any year that the ,sacramento ,valley index is #f4e or lower1 or at the request of the ,state of ,california1 and until two succeeding years following either of those events have been completed where the final ,sacramento ,valley ,index is #g4h or greater1 and any mitigation measures imposed must be based on quantitative data and required only to the extent that such data demonstrates actual harm to species4 #aab4 ,regarding the operation of ,folsom ,reservoir ,the ,secretary of the ,interior1 in collaboration with the ,sacramento ,water ,forum1 shall expedite evaluation1 completion and implementation of the ,modified ,lower ,american ,river ,flow ,management ,standard developed by the ,water ,forum in #bjae to improve water supply reliability for ,central ,valley ,project ,american ,river water contractors and resource protection in the lower ,american ,river during consecutive dry years under current and future demand and climate change conditions4 #aac4 ,applicants ,in the event that the ,bureau of ,reclamation or another ,federal agency initiates or reinitiates consultation with the ,u4,s4 ,fish and ,wildlife ,service or the ,national ,marine ,fisheries ,service under section #g7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77#b771 with respect to construction or operation of the ,central ,valley ,project and ,state ,water ,project1 or any part thereof1 the ,state ,water ,project contractors and the ,central ,valley ,project contractors will be accorded all the rights and responsibilities extended to applicants in the consultation process4 #aad4 ,san ,joaquin ,river settlement 7a7 ,california ,state law satisfied by warm water fishery 7#a7 ,in general ,sections #eicj through #eidh of the ,california ,fish and ,game ,code1 and all applicable ,federal laws1 including the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 and the ,stipulation of ,settlement 7,natural ,resources ,defense ,council1 et al4 v4 ,kirk ,rodgers1 et al41 ,eastern ,district of ,california1 ,no4 ,civ4 ,s-#hh-afeh-,,lkk_/,,ggh71 shall be satisfied by the existence of a warm water fishery in the ,san ,joaquin ,river below ,friant ,dam1 but upstream of ,gravelly ,ford4 7#b7 ,definition of warm water fishery ,for the purposes of this section1 the term warm water fishery means a water system that has an environment suitable for species of fish other than salmon 7including all subspecies7 and trout 7including all subspecies74 7b7 ,repeal of the ,san ,joaquin ,river settlement ,as of the date of enactment of this section1 the ,secretary of the ,interior shall cease any action to implement the ,san ,joaquin ,river ,restoration ,settlement ,act 7subtitle ,a of title ,x of ,public ,law #aaa-aa7 and the ,stipulation of ,settlement 7,natural ,resources ,defense ,council1 et al4 v4 ,kirk ,rodgers1 et al41 ,eastern ,district of ,california1 ,no4 ,civ4 ,s-#hh-afeh ,,lkk_/,,ggh74 ,,ii ,,calfed ,,storage ,,feasibility ,,studies #bja4 ,studies ,the ,secretary of the ,interior1 through the ,commissioner of ,reclamation1 shall-- 7#a7 complete the feasibility studies described in clauses 7i77,i7 and 7ii77,,ii7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd7 and submit such studies to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,december #ca1 #bjag2 7#b7 complete the feasibility study described in clause 7i77,,ii7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa and submit such study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,november #cj1 #bjah2 7#c7 complete a publicly available draft of the feasibility study described in clause 7ii77,i7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa and submit such study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,november #cj1 #bjah2 7#d7 complete the feasibility study described in clause 7ii77,i7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa and submit such study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,november #cj1 #bjai2 7#e7 complete the feasibility study described in section #ajc7;f77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afid7 and submit such study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,december #ca1 #bjai2 7#f7 provide a progress report on the status of the feasibility studies referred to in paragraphs 7#a7 through 7#c7 to the appropriate committees of the ,house of ,representatives and the ,senate not later than #ij days after the date of the enactment of this ,act and each #ahj days thereafter until ,december #ca1 #bjai1 as applicable4 ,the report shall include timelines for study completion1 draft environmental impact statements1 final environmental impact statements1 and ,records of ,decision2 7#g7 in conducting any feasibility study under this ,act1 the reclamation laws1 the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege2 #ajf ,stat4 #dgjf71 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 and other applicable law1 for the purposes of determining feasibility the ,secretary shall document1 delineate1 and publish costs directly relating to the engineering and construction of a water storage project separately from the costs resulting from regulatory compliance or the construction of auxiliary facilities necessary to achieve regulatory compliance2 and 7#h7 communicate1 coordinate and cooperate with public water agencies that contract with the ,united ,states for ,central ,valley ,project water and that are expected to participate in the cost pools that will be created for the projects proposed in the feasibility studies under this section4 #bjb4 ,temperance ,flat 7a7 ,definitions ,for the purposes of this section3 7#a7 ,project ,the term ,project means the ,temperance ,flat ,reservoir ,project on the ,upper ,san ,joaquin ,river4 7#b7 ,,rmp ,the term ,,rmp means the document titled ,bakersfield ,field ,office1 ,record of ,decision and ,approved ,resource ,management ,plan1 dated ,december #bjad4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,applicability of ,,rmp ,the ,,rmp and findings related thereto shall have no effect on or applicability to the ,secretary's determination of feasibility of1 or on any findings or environmental review documents related to-- 7#a7 the ,project2 or 7#b7 actions taken by the ,secretary pursuant to section #ajc7;d77#a77;,a77ii77,,ii7 of the ,bay-,delta ,authorization ,act 7title ,i of ,public ,law #ajh-cfa74 7c7 ,duties of secretary upon determination of feasibility ,if the ,secretary finds the ,project to be feasible1 the ,secretary shall manage the land recommended in the ,,rmp for designation under the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq47 in a manner that does not impede any environmental reviews1 preconstruction1 construction1 or other activities of the ,project1 regardless of whether or not the ,secretary submits any official recommendation to ,congress under the ,wild and ,scenic ,rivers ,act4 7d7 ,reserved water rights ,effective ,december #bb1 #bjag1 there shall be no ,federal reserved water rights to any segment of the ,san ,joaquin ,river related to the ,project as a result of any designation made under the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq474 #bjc4 ,,calfed storage accountability ,if the ,secretary of the ,interior fails to provide the feasibility studies described in section #bja to the appropriate committees of the ,house of ,representatives and the ,senate by the times prescribed1 the ,secretary shall notify each committee chair individually in person on the status of each project once a month until the feasibility study for that project is provided to ,congress4 #bjd4 ,water storage project construction 7a7 ,partnership and agreements ,the ,secretary of the ,interior1 acting through the ,commissioner of the ,bureau of ,reclamation1 may partner or enter into an agreement on the water storage projects identified in section #ajc7;d77#a7 of the ,water ,supply ,reliability and ,environmental ,improvement ,act 7,public ,law #ajh-cfa7 7and ,acts supplemental and amendatory to the ,act7 with local joint powers authorities formed pursuant to ,state law by irrigation districts and other local water districts and local governments within the applicable hydrologic region1 to advance those projects4 7b7 ,authorization for project ,if the ,secretary determines a project described in section #bjb7;a77#a7 and 7#b7 is feasible1 the ,secretary is authorized to carry out the project in a manner that is substantially in accordance with the recommended plan1 and subject to the conditions described in the feasibility study1 provided that no ,federal funding shall be used to construct the project4 ,,iii ,,water ,,rights ,,protections #cja4 ,offset for ,state ,water ,project 7a7 ,implementation impacts ,the ,secretary of the ,interior shall confer with the ,california ,department of ,fish and ,wildlife in connection with the implementation of this title on potential impacts to any consistency determination for operations of the ,state ,water ,project issued pursuant to ,california ,fish and ,game ,code section #bjhj4a4 7b7 ,additional yield ,if1 as a result of the application of this title1 the ,california ,department of ,fish and ,wildlife-- 7#a7 revokes the consistency determinations pursuant to ,california ,fish and ,game ,code section #bjhj4a that are applicable to the ,state ,water ,project2 7#b7 amends or issues one or more new consistency determinations pursuant to ,california ,fish and ,game ,code section #bjhj4a in a manner that directly or indirectly results in reduced water supply to the ,state ,water ,project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion2 or 7#c7 requires take authorization under ,california ,fish and ,game ,code section #bjha for operation of the ,state ,water ,project in a manner that directly or indirectly results in reduced water supply to the ,state ,water ,project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion1 and as a consequence of the ,department's action1 ,central ,valley ,project yield is greater than it would have been absent the ,department's actions1 then that additional yield shall be made available to the ,state ,water ,project for delivery to ,state ,water ,project contractors to offset losses resulting from the ,department's action4 7c7 ,notification related to environmental protections ,the ,secretary of the ,interior shall immediately notify the ,director of the ,california ,department of ,fish and ,wildlife in writing if the ,secretary of the ,interior determines that implementation of the smelt biological opinion and the salmonid biological opinion consistent with this title reduces environmental protections for any species covered by the opinions4 #cjb4 ,area of origin protections 7a7 ,in general ,the ,secretary of the ,interior is directed1 in the operation of the ,central ,valley ,project1 to adhere to ,california's water rights laws governing water rights priorities and to honor water rights senior to those held by the ,united ,states for operation of the ,central ,valley ,project1 regardless of the source of priority1 including any appropriative water rights initiated prior to ,december #ai1 #aiad1 as well as water rights and other priorities perfected or to be perfected pursuant to ,california ,water ,code ,part #b of ,division #b4 ,article #a4g 7commencing with section #abae of chapter #a of part #b of division #b1 sections #ajeje1 #ajeje4e1 #aaabh1 #aadfj1 #aadfa1 #aadfb1 and #aadfc1 and sections #abbjj through #abbbj1 inclusive74 7b7 ,diversions ,any action undertaken by the ,secretary of the ,interior and the ,secretary of ,commerce pursuant to both this title and section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 that requires that diversions from the ,sacramento ,river or the ,san ,joaquin ,river watersheds upstream of the ,delta be bypassed shall not be undertaken in a manner that alters the water rights priorities established by ,california law4 #cjc4 ,no redirected adverse impacts 7a7 ,in general ,the ,secretary of the ,interior shall ensure that1 except as otherwise provided for in a water service or repayment contract1 actions taken in compliance with legal obligations imposed pursuant to or as a result of this title1 including such actions under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 and other applicable ,federal and ,state laws1 shall not directly or indirectly-- 7#a7 result in the involuntary reduction of water supply or fiscal impacts to individuals or districts who receive water from either the ,state ,water ,project or the ,united ,states under water rights settlement contracts1 exchange contracts1 water service contracts1 repayment contracts1 or water supply contracts2 or 7#b7 cause redirected adverse water supply or fiscal impacts to those within the ,sacramento ,river watershed1 the ,san ,joaquin ,river watershed or the ,state ,water ,project service area4 7b7 ,costs ,to the extent that costs are incurred solely pursuant to or as a result of this title and would not otherwise have been incurred by any entity or public or local agency or subdivision of the ,state of ,california1 such costs shall not be borne by any such entity1 agency1 or subdivision of the ,state of ,california1 unless such costs are incurred on a voluntary basis4 7c7 ,rights and obligations not modified or amended ,nothing in this title shall modify or amend the rights and obligations of the parties to any existing-- 7#a7 water service1 repayment1 settlement1 purchase1 or exchange contract with the ,united ,states1 including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other ,central ,valley ,project water2 or 7#b7 ,state ,water ,project water supply or settlement contract with the ,state4 #cjd4 ,allocations for ,sacramento ,valley contractors 7a7 ,allocations 7#a7 ,in general ,subject to paragraph 7#b7 and subsection 7b71 the ,secretary of the ,interior is directed1 in the operation of the ,central ,valley ,project1 to allocate water provided for irrigation purposes to existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed in compliance with the following3 7,a7 ,not less than #ajj percent of their contract quantities in a ,wet year4 7,b7 ,not less than #ajj percent of their contract quantities in an ,above ,normal year4 7,c7 ,not less than #ajj percent of their contract quantities in a ,below ,normal year that is preceded by an ,above ,normal or a ,wet year4 7,d7 ,not less than #ej percent of their contract quantities in a ,dry year that is preceded by a ,below ,normal1 an ,above ,normal1 or a ,wet year4 7,e7 ,in all other years not identified herein1 the allocation percentage for existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed shall not be less than twice the allocation percentage to south-of-,delta ,central ,valley ,project agricultural water service contractors1 up to #ajj percent2 provided1 that nothing herein shall preclude an allocation to existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed that is greater than twice the allocation percentage to south-of-,delta ,central ,valley ,project agricultural water service contractors4 7#b7 ,conditions ,the ,secretary's actions under paragraph 7a7 shall be subject to-- 7,a7 the priority of individuals or entities with ,sacramento ,river water rights1 including those with ,sacramento ,river ,settlement ,contracts1 that have priority to the diversion and use of ,sacramento ,river water over water rights held by the ,united ,states for operations of the ,central ,valley ,project2 7,b7 the ,united ,states obligation to make a substitute supply of water available to the ,san ,joaquin ,river ,exchange ,contractors2 and 7,c7 the ,secretary's obligation to make water available to managed wetlands pursuant to section #cdjf7;d7 of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege74 7b7 ,protection of municipal and industrial supplies ,nothing in subsection 7a7 shall be deemed to-- 7#a7 modify any provision of a water service contract that addresses municipal and industrial water shortage policies of the ,secretary2 7#b7 affect or limit the authority of the ,secretary to adopt or modify municipal and industrial water shortage policies2 7#c7 affect or limit the authority of the ,secretary to implement municipal and industrial water shortage policies2 or 7#d7 affect allocations to ,central ,valley ,project municipal and industrial contractors pursuant to such policies4 ,neither subsection 7a7 nor the ,secretary's implementation of subsection 7a7 shall constrain1 govern or affect1 directly1 the operations of the ,central ,valley ,project's ,american ,river ,division or any deliveries from that ,division1 its units or facilities4 7c7 ,no effect on allocations ,this section shall not-- 7#a7 affect the allocation of water to ,friant ,division contractors2 or 7#b7 result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the ,friant ,division4 7d7 ,program for water rescheduling ,the ,secretary of the ,interior shall develop and implement a program1 not later than #a year after the date of the enactment of this ,act1 to provide for the opportunity for existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed to reschedule water1 provided for under their ,central ,valley ,project water service contracts1 from one year to the next4 7e7 ,definitions ,in this section3 7#a7 ,the term existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed means water service contractors within the ,shasta1 ,trinity1 and ,sacramento ,river ,divisions of the ,central ,valley ,project1 that have a water service contract in effect1 on the date of the enactment of this section1 that provides water for irrigation4 7#b7 ,the year type terms used in subsection 7a7 have the meaning given those year types in the ,sacramento ,valley ,water ,year ,type 7#dj-cj-cj7 ,index4 #cje4 ,effect on existing obligations ,nothing in this title preempts or modifies any existing obligation of the ,united ,states under ,federal reclamation law to operate the ,central ,valley ,project in conformity with ,state law1 including established water rights priorities4 ,,iv ,,miscellaneous #dja4 ,water supply accounting 7a7 ,in general ,all ,central ,valley ,project water1 except ,central ,valley ,project water released pursuant to ,u4,s4 ,department of the ,interior ,record of ,decision1 ,trinity ,river ,mainstem ,fishery ,restoration ,final ,environmental ,impact ,statement_/,environmental ,impact ,report dated ,december #bjjj used to implement an action undertaken for a fishery beneficial purpose that was not imposed by terms and conditions existing in licenses1 permits1 and other agreements pertaining to the ,central ,valley ,project under applicable ,state or ,federal law existing on ,october #cj1 #aiib1 shall be credited to the quantity of ,central ,valley ,project yield dedicated and managed under this section2 provided1 that nothing herein shall affect the ,secretary of the ,interior's duty to comply with any otherwise lawful requirement imposed on operations of the ,central ,valley ,project under any provision of ,federal or ,state law4 7b7 ,reclamation policies and allocations ,reclamation policies and allocations shall not be based upon any premise or assumption that ,central ,valley ,project contract supplies are supplemental or secondary to any other contractor source of supply4 #djb4 ,operations of the ,trinity ,river ,division ,the ,secretary of the ,interior1 in the operation of the ,trinity ,river ,division of the ,central ,valley ,project1 shall not make releases from ,lewiston ,dam in excess of the volume for each water-year type required by the ,u4,s4 ,department of the ,interior ,record of ,decision1 ,trinity ,river ,mainstem ,fishery ,restoration ,final ,environmental ,impact ,statement_/,environmental ,impact ,report dated ,december #bjjj4 7#a7 ,a maximum of #cfi1jjj acre-feet in a ,critically ,dry year4 7#b7 ,a maximum of #dec1jjj acre-feet in a ,dry year4 7#c7 ,a maximum of #fdg1jjj acre-feet in a ,normal year4 7#d7 ,a maximum of #gja1jjj acre-feet in a ,wet year4 7#e7 ,a maximum of #hae1jjj acre-feet in an ,extremely ,wet year4 #djc4 ,report on results of water usage ,the ,secretary of the ,interior1 in consultation with the ,secretary of ,commerce and the ,secretary of ,natural ,resources of the ,state of ,california1 shall publish an annual report detailing instream flow releases from the ,central ,valley ,project and ,california ,state ,water ,project1 their explicit purpose and authority1 and all measured environmental benefit as a result of the releases4 #djd4 ,klamath project consultation applicants ,if the ,bureau of ,reclamation initiates or reinitiates consultation with the ,u4,s4 ,fish and ,wildlife ,service or the ,national ,marine ,fisheries ,service under section #g7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77#b771 with respect to construction or operation of the ,klamath ,project 7or any part thereof71 ,klamath ,project contractors shall be accorded all the rights and responsibilities extended to applicants in the consultation process4 ,upon request of the ,klamath ,project contractors1 they may be represented through an association or organization4 #dje4 ,losses caused by the construction and operation of storage projects 7a7 ,marinas1 recreational facilities1 other businesses ,if in constructing any new or modified water storage project included in section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd71 the ,bureau of ,reclamation destroys or otherwise adversely affects any existing marina1 recreational facility1 or other water-dependent business when constructing or operating a new or modified water storage project1 the ,secretaries of the ,interior and ,agriculture1 acting through the ,bureau and the ,forest ,service shall-- 7#a7 provide compensation otherwise required by law2 and 7#b7 provide the owner of the affected marina1 recreational facility1 or other water-dependent business under mutually agreeable terms and conditions with the right of first refusal to construct and operate a replacement marina1 recreational facility1 or other water-dependent business1 as the case may be1 on ,united ,states land associated with the new or modified water storage project4 7b7 ,hydroelectric projects ,if in constructing any new or modified water storage project included in section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd71 the ,bureau of ,reclamation reduces or eliminates the capacity or generation of any existing non-,federal hydroelectric project by inundation or otherwise1 the ,secretary of the ,interior shall-- 7#a7 provide compensation otherwise required by law2 7#b7 provide the owner of the affected hydroelectric project under mutually agreeable terms and conditions with a right of first refusal to construct1 operate1 and maintain replacement hydroelectric generating facilities at such new or modified water storage project1 on federal land associated with the new or modified water storage project or on private land owned by the affected hydroelectric project owner2 7#c7 provide compensation for the construction of any water conveyance facilities as are necessary to convey water to any new powerhouse constructed by such owner in association with such new hydroelectric generating facilities2 and 7#d7 provide for subsections 7b77#a71 7b77#b71 and 7b77#c7 at a cost not to exceed the estimated value of the actual impacts to any existing non-,federal hydroelectric project and as estimated for the associated feasibility study1 including additional planning1 environmental1 design1 construction1 and operations and maintenance costs for existing and replacement facilities4 7c7 ,cost allocation ,any compensation under this section shall be a project cost and allocated to project beneficiaries4 7d7 ,applicability ,this section shall only apply to federally owned water storage projects1 whether authorized under this ,act or some other authority4 7e7 ,limitation ,nothing in this section affects the ability of landowners or tribes to seek compensation or any other remedy otherwise required by law4 #djf4 ,,ca ,state ,water ,resources ,control ,board 7a7 ,in general ,in carrying out this ,act1 the ,secretaries shall-- 7#a7 recognize ,congressional opposition to the violation of private property rights by the ,california ,state ,water ,resources ,control ,board in their proposal to require a minimum percentage of unimpaired flows in the main tributaries of the ,san ,joaquin ,river2 and 7#b7 recognize the need to provide reliable water supplies to municipal1 industrial1 and agricultural users across the ,state4 ,v ,water ,supply ,permitting ,act #eja4 ,short title ,this title may be cited as the ,water ,supply ,permitting ,coordination ,act4 #ejb4 ,definitions ,in this title3 7#a7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,bureau ,the term ,bureau means the ,bureau of ,reclamation4 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 ,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 #ejc7;c74 #ejc4 ,establishment of lead agency and cooperating agencies 7a7 ,establishment of ,lead ,agency ,the ,bureau of ,reclamation 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 title 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 #ejd4 ,bureau responsibilities 7a7 ,in general ,the principal responsibilities of the ,bureau under this title are to-- 7#a7 serve as the point of contact for applicants1 ,state agencies1 ,indian tribes1 and others regarding proposed qualifying projects2 7#b7 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 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 ,pre-application 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 to-- 7,a7 explain applicable processes1 data requirements1 and applicant submissions necessary to complete the required ,federal agency reviews within the timeframe established2 and 7,b7 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 one year after acceptance of a completed project application when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,not later than one 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 #eje4 #eje4 ,cooperating agency responsibilities 7a7 ,adherence to ,bureau ,schedule ,upon notification of an application for a qualifying project1 all cooperating agencies shall submit to the ,bureau a timeframe under which the cooperating agency reasonably considers it will be able to complete its authorizing responsibilities4 ,the ,bureau shall use the timeframe submitted under this subsection to establish the project schedule under section #ejd1 and the cooperating agencies shall adhere to the project schedule established by the ,bureau4 7b7 ,environmental ,record ,cooperating agencies shall submit to the ,bureau all environmental review material produced or compiled in the course of carrying out activities required under ,federal law consistent with the project schedule established by the ,bureau4 7c7 ,data ,submission ,to the extent practicable and consistent with ,federal law1 the cooperating agencies shall submit all relevant project data to the ,bureau in a generally accessible electronic format subject to the project schedule set forth by the ,bureau4 #ejf4 ,funding to process permits 7a7 ,in general ,the ,secretary1 after public notice in accordance with the ,administrative ,procedures ,act 7#e ,u4,s4,c4 #eec71 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 impact impartial decisionmaking with respect to permits1 either substantively or procedurally4 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 ,bureau1 or the ,regional ,director's designee1 of the region in which the qualifying project or activity is located2 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 cooperating agencies receiving funds under this section for qualifying projects shall ensure that the use of the funds accepted under this section for such projects shall not-- 7,a7 impact impartial decisionmaking with respect to the issuance of permits1 either substantively or procedurally2 or 7,b7 diminish1 modify1 or otherwise affect the statutory or regulatory authorities of such agencies4 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 ,,vi ,bureau of ,reclamation ,project ,streamlining #fja4 ,short title ,this title may be cited as the ,bureau of ,reclamation ,project ,streamlining ,act4 #fjb4 ,definitions ,in this title3 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 party 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 #fjc4 ,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 #hje2 7#b7 convene a meeting of all ,federal1 tribal1 and ,state agencies identified under section #fje7;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 the 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 amount of time taken 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 #fjd4 ,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 #fje4 ,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 7b7 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 #gje7;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 successor regulations71 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 the ,bureau of ,reclamation ,project ,streamlining ,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 sponsor and that there is a demonstrable ,federal interest in expediting that project1 the ,secretary shall take such actions as are necessary to advance such a project as a non-,federal project1 including1 but not limited to1 entering into agreements with the non-,federal sponsor of such project to support the planning1 design and permitting of such 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 such date as 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 title and any other ,federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental 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,b77#e7 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 7including 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 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 successor regulations71 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 #fjf4 ,annual report to ,congress 7a7 ,in general ,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 7c77#a77;,a74 7#b7 ,proposed project studies ,any proposed project study submitted to the ,secretary by a non-,federal interest pursuant to subsection 7b7 that meets the criteria established in subsection 7c77#a77;,a74 7#c7 ,proposed modifications ,any proposed modification to an authorized water project or project study that meets the criteria established in subsection 7c77#a77;,a7 that-- 7,a7 is submitted to the ,secretary by a non-,federal interest pursuant to subsection 7b72 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 #hjd4 7b7 ,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 7c7 ,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 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 7b72 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 7b7 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 7d7 ,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 7b77#a72 and 7#b7 include in such notice a requirement that non-,federal interests submit to the ,secretary any proposals described in subsection 7b77#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 7e7 ,publication ,upon submission of an annual report to ,congress1 the ,secretary shall make the annual report publicly available1 including through publication on the ,internet4 7f7 ,definition ,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 ,,vii ,accelerated ,revenue1 ,repayment1 and ,surface ,water ,storage ,enhancement #gja4 ,short title ,this title may be cited as the ,accelerated ,revenue1 ,repayment1 and ,surface ,water ,storage ,enhancement ,act4 #gjb4 ,prepayment of certain repayment contracts between the ,united ,states and contractors of federally developed water supplies 7a7 ,conversion and prepayment of contracts 7#a7 ,conversion ,upon request of the contractor1 the ,secretary of the ,interior shall convert any water service contract in effect on the date of enactment of this ,act and between the ,united ,states and a water users' association to allow for prepayment of the repayment contract pursuant to paragraph 7#b7 under mutually agreeable terms and conditions4 ,the manner of conversion under this paragraph shall be as follows3 7,a7 ,water service contracts that were entered into under section #i7;e7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaif71 to be converted under this section shall be converted to repayment contracts under section #i7;d7 of that ,act 7#ec ,stat4 #aaie74 7,b7 ,water service contracts that were entered under subsection 7c77#b7 of section #i of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid71 to be converted under this section shall be converted to a contract under subsection 7c77#a7 of section #i of that ,act 7#ec ,stat4 #aaie74 7#b7 ,prepayment ,except for those repayment contracts under which the contractor has previously negotiated for prepayment1 all repayment contracts under section #i7;d7 of that ,act 7#ec ,stat4 #aaie7 in effect on the date of enactment of this ,act at the request of the contractor1 and all contracts converted pursuant to paragraph 7#a77;,a7 shall-- 7,a7 provide for the repayment1 either in lump sum or by accelerated prepayment1 of the remaining construction costs identified in water project specific irrigation rate repayment schedules1 as adjusted to reflect payment not reflected in such schedule1 and properly assignable for ultimate return by the contractor1 or if made in approximately equal installments1 no later than #c years after the effective date of the repayment contract1 such amount to be discounted by the ,treasury rate4 ,an estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the contractor no later than #ij days following receipt of request of the contractor2 7,b7 require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph 7,a71 and properly assignable to such contractor shall be repaid in not more than #e years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversation under this subsection of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law2 7,c7 provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract2 and 7,d7 continue so long as the contractor pays applicable charges1 consistent with section #i7;d7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie71 and applicable law4 7#c7 ,contract requirements ,except for those repayment contracts under which the contractor has previously negotiated for prepayment1 the following shall apply with regard to all repayment contracts under subsection 7c77#a7 of section #i of that ,act 7#ec ,stat4 #aaie7 in effect on the date of enactment of this ,act at the request of the contractor1 and all contracts converted pursuant to paragraph 7#a77;,b73 7,a7 ,provide for the repayment in lump sum of the remaining construction costs identified in water project specific municipal and industrial rate repayment schedules1 as adjusted to reflect payments not reflected in such schedule1 and properly assignable for ultimate return by the contractor4 ,an estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the contractor no later than #ij days after receipt of request of contractor4 7,b7 ,the contract shall require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph 7,a71 and properly assignable to such contractor1 shall be repaid in not more than #e years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversation under this subsection of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law4 7,c7 ,continue so long as the contractor pays applicable charges1 consistent with section #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie71 and applicable law4 7#d7 ,conditions ,all contracts entered into pursuant to paragraphs 7#a71 7#b71 and 7#c7 shall-- 7,a7 not be adjusted on the basis of the type of prepayment financing used by the water users' association2 7,b7 conform to any other agreements1 such as applicable settlement agreements and new constructed appurtenant facilities2 and 7,c7 not modify other water service1 repayment1 exchange and transfer contractual rights between the water users' association1 and the ,bureau of ,reclamation1 or any rights1 obligations1 or relationships of the water users' association and their landowners as provided under ,state law4 7b7 ,accounting ,the amounts paid pursuant to subsection 7a7 shall be subject to adjustment following a final cost allocation by the ,secretary of the ,interior4 ,in the event that the final cost allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor1 the contractor shall be obligated to pay the remaining allocated costs4 ,the term of such additional repayment contract shall be not less than one year and not more than #aj years1 however1 mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties4 ,in the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid1 the ,secretary shall credit such overpayment as an offset against any outstanding or future obligation of the contractor4 7c7 ,applicability of certain provisions 7#a7 ,effect of existing law ,upon a contractor's compliance with and discharge of the obligation of repayment of the construction costs pursuant to a contract entered into pursuant to subsection 7a77#b77;,a71 subsections 7a7 and 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#if ,stat4 #abfi7 shall apply to affected lands4 7#b7 ,effect of other obligations ,the obligation of a contractor to repay construction costs or other capitalized costs described in subsection 7a77#b77;,b71 7a77#c77;,b71 or 7b7 shall not affect a contractor's status as having repaid all of the construction costs assignable to the contractor or the applicability of subsections 7a7 and 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#if ,stat4 #abfi7 once the amount required to be paid by the contractor under the repayment contract entered into pursuant to subsection 7a77#b77;,a7 have been paid4 7d7 ,effect on existing law not altered ,implementation of the provisions of this title shall not alter-- 7#a7 the repayment obligation of any water service or repayment contractor receiving water from the same water project1 or shift any costs that would otherwise have been properly assignable to the water users' association identified in subsections 7a77#a71 7a77#b71 and 7a77#c7 absent this section1 including operation and maintenance costs1 construction costs1 or other capitalized costs incurred after the date of the enactment of this ,act1 or to other contractors2 and 7#b7 specific requirements for the disposition of amounts received as repayments by the ,secretary 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 seq474 7e7 ,surface water storage enhancement program 7#a7 ,in general ,except as provided in subsection 7d77#b71 three years following the date of enactment of this ,act1 #ej percent of receipts generated from prepayment of contracts under this section beyond amounts necessary to cover the amount of receipts forgone from scheduled payments under current law for the #aj-year period following the date of enactment of this ,act shall be directed to the ,reclamation ,surface ,water ,storage ,account under paragraph 7#b74 7#b7 ,surface storage account ,the ,secretary shall allocate amounts collected under paragraph 7#a7 into the ,reclamation ,surface ,storage ,account to fund the construction of surface water storage4 ,the ,secretary may also enter into cooperative agreements with water users' associations for the construction of surface water storage and amounts within the ,surface ,storage ,account may be used to fund such construction4 ,surface water storage projects that are otherwise not federally authorized shall not be considered ,federal facilities as a result of any amounts allocated from the ,surface ,storage ,account for part or all of such facilities4 7#c7 ,repayment ,amounts used for surface water storage construction from the ,account shall be fully reimbursed to the ,account consistent with the requirements under ,federal reclamation law 7the law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic777 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq47 except that all funds reimbursed shall be deposited in the ,account established under paragraph 7#b74 7#d7 ,availability of amounts ,amounts deposited in the ,account under this subsection shall-- 7,a7 be made available in accordance with this section1 subject to appropriation2 and 7,b7 be in addition to amounts appropriated for such purposes under any other provision of law4 7#e7 ,purposes of surface water storage ,construction of surface water storage under this section shall be made for the following purposes3 7,a7 ,increased municipal and industrial water supply4 7,b7 ,agricultural floodwater1 erosion1 and sedimentation reduction4 7,c7 ,agricultural drainage improvements4 7,d7 ,agricultural irrigation4 7,e7 ,increased recreation opportunities4 7,f7 ,reduced adverse impacts to fish and wildlife from water storage or diversion projects within watersheds associated with water storage projects funded under this section4 7,g7 ,any other purposes consistent with reclamation laws or other ,federal law4 7f7 ,definitions ,for the purposes of this title1 the following definitions apply3 7#a7 ,account ,the term ,account means the ,reclamation ,surface ,water ,storage ,account established under subsection 7e77#b74 7#b7 ,construction ,the term construction means the designing1 materials engineering and testing1 surveying1 and building of surface water storage including additions to existing surface water storage and construction of new surface water storage facilities1 exclusive of any ,federal statutory or regulatory obligations relating to any permit1 review1 approval1 or other such requirement4 7#c7 ,surface water storage ,the term surface water storage means any federally owned facility under the jurisdiction of the ,bureau of ,reclamation or 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 7,,cmt7 rate published by the ,united ,states ,department of the ,treasury existing on the effective date of the contract4 7#e7 ,water users' association ,the term water users' association means-- 7,a7 an entity organized and recognized under ,state laws that is eligible to enter into contracts with reclamation to receive contract water for delivery to and users of the water and to pay applicable charges2 and 7,b7 includes a variety of entities with different names and differing functions1 such as associations1 conservatory district1 irrigation district1 municipality1 and water project contract unit4 ,,viii ,safety of ,dams #hja4 ,authorization of additional project benefits ,the ,reclamation ,safety of ,dams ,act of #aigh is amended-- 7#a7 in section #c1 by striking ,construction and inserting ,except as provided in section #e;,b1 construction2 and 7#b7 by inserting after section #e;,a 7#dc ,u4,s4,c4 #eji7 the following3 #e;,b4 ,authorization of additional project benefits ,notwithstanding section #c1 if the ,secretary determines that additional project benefits1 including but not limited to additional conservation storage capacity1 are feasible and not inconsistent with the purposes of this ,act1 the ,secretary is authorized to develop additional project benefits through the construction of new or supplementary works on a project in conjunction with the ,secretary's activities under section #b and subject to the conditions described in the feasibility study1 provided-- 7#a7 the ,secretary determines that developing additional project benefits through the construction of new or supplementary works on a project will promote more efficient management of water and water-related facilities2 7#b7 the feasibility study pertaining to additional project benefits has been authorized pursuant to section #h of the ,federal ,water ,project ,recreation ,act of #aife 7#af ,u4,s4,c4 #dfja-ah72 and 7#c7 the costs associated with developing the additional project benefits are agreed to in writing between the ,secretary and project proponents and shall be allocated to the authorized purposes of the structure and repaid consistent with all provisions of ,federal ,reclamation law 7the ,act of ,june #ag1 #aijb1 #dc ,u4,s4,c4 #cga et seq47 and ,acts supplemental to and amendatory of that ,act4 4 ,,ix ,water ,rights ,protection #ija4 ,short title ,this title may be cited as the ,water ,rights ,protection ,act4 #ijb4 ,definition of water right ,in this title1 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 for federally recognized ,indian tribes4 #ijc4 ,treatment of water rights ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall not-- 7#a7 condition or withhold1 in whole or in part1 the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement on-- 7,a7 limitation or encumbrance of any water right1 or the transfer of any water right 7including joint and sole ownership71 directly or indirectly to the ,united ,states or any other designee2 or 7,b7 any other impairment of any water right1 in whole or in part1 granted or otherwise recognized under ,state law1 by ,federal or ,state adjudication1 decree1 or other judgment1 or pursuant to any interstate water compact2 7#b7 require any water user 7including any federally recognized ,indian tribe7 to apply for or acquire a water right in the name of the ,united ,states under ,state law as a condition of the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement2 7#c7 assert jurisdiction over groundwater withdrawals or impacts on groundwater resources1 unless jurisdiction is asserted1 and any regulatory or policy actions taken pursuant to such assertion are1 consistent with1 and impose no greater restrictions or regulatory requirements than1 applicable ,state laws 7including regulations7 and policies governing the protection and use of groundwater resources2 or 7#d7 infringe on the rights and obligations of a ,state in evaluating1 allocating1 and adjudicating the waters of the ,state originating on or under1 or flowing from1 land owned or managed by the ,federal ,government4 #ijd4 ,recognition of ,state authority 7a7 ,in general ,in carrying out section #ijc1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall-- 7#a7 recognize the longstanding authority of the ,states relating to evaluating1 protecting1 allocating1 regulating1 and adjudicating groundwater by any means1 including a rulemaking1 permitting1 directive1 water court adjudication1 resource management planning1 regional authority1 or other policy2 and 7#b7 coordinate with the ,states in the adoption and implementation by the ,secretary of the ,interior or the ,secretary of ,agriculture of any rulemaking1 policy1 directive1 management plan1 or other similar ,federal action so as to ensure that such actions are consistent with1 and impose no greater restrictions or regulatory requirements than1 ,state groundwater laws and programs4 7b7 ,effect on state water rights ,in carrying out this title1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall not take any action that adversely affects-- 7#a7 any water rights granted by a ,state2 7#b7 the authority of a ,state in adjudicating water rights2 7#c7 definitions established by a ,state with respect to the term beneficial use1 priority of water rights1 or terms of use2 7#d7 terms and conditions of groundwater withdrawal1 guidance and reporting procedures1 and conservation and source protection measures established by a ,state2 7#e7 the use of groundwater in accordance with ,state law2 or 7#f7 any other rights and obligations of a ,state established under ,state law4 #ije4 ,effect of title 7a7 ,effect on existing authority ,nothing in this title limits or expands any existing legally recognized authority of the ,secretary of the ,interior or the ,secretary of ,agriculture to issue1 grant1 or condition any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement on ,federal land subject to the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture1 respectively4 7b7 ,effect on reclamation contracts ,nothing in this title interferes with ,bureau of ,reclamation contracts entered into pursuant to the reclamation laws4 7c7 ,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 7d7 ,effect on federal reserved water rights ,nothing in this title limits or expands any existing or claimed reserved water rights of the ,federal ,government on land administered by the ,secretary of the ,interior or the ,secretary of ,agriculture4 7e7 ,effect on federal power act ,nothing in this title limits or expands authorities under sections #d7;e71 #aj7;j71 or #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e71 #hjc7;j71 #haa74 7f7 ,effect on ,indian water rights ,nothing in this title limits or expands any water right or treaty right of any federally recognized ,indian tribe4