,i #aafth ,,congress #ast ,session ,h4 ,r4 #ebag ,,in ,,the ,,house ,,of ,,representatives ,november #ba1 #bjai,mr4 ,mc,clintock 7for himself1 ,mr4 ,mc,carthy1 ,mr4 ,bishop of ,utah1 ,mr4 ,calvert1 ,mr4 ,nunes1 ,mr4 ,newhouse1 ,mr4 ,fulcher1 ,mr4 ,cook1 ,mr4 ,la,malfa1 ,mr4 ,hunter1 ,mr4 ,gosar1 and ,mr4 ,tipton7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,transportation and ,infrastructure1 ,agriculture1 and ,science1 ,space1 and ,technology1 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 for western water security1 reliability1 modernization1 and abundance1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,water ,optimization for the ,west ,act or the ,,wow ,act4 #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--,water ,infrastructure ,sec4 #ajja4 ,,wiin ,act amendments4 ,title ,,ii--,sacramento-,san ,joaquin ,valley ,water ,reliability ,act ,subtitle ,a--,central ,valley ,project ,water ,reliability ,sec4 #bjja4 ,amendment to purposes4 ,sec4 #bjjb4 ,amendment to definition4 ,sec4 #bjjc4 ,contracts4 ,sec4 #bjjd4 ,water transfers1 improved water management1 and conservation4 ,sec4 #bjje4 ,fish1 wildlife1 and habitat restoration4 ,sec4 #bjjf4 ,restoration fund4 ,sec4 #bjjg4 ,additional authorities4 ,sec4 #bjjh4 ,amendments to ,central ,valley ,project authorizations4 ,sec4 #bjji4 ,regulatory streamlining4 ,subtitle ,b--,san ,joaquin ,river ,restoration ,sec4 #baja4 ,repeal of the ,san ,joaquin ,river ,settlement4 ,sec4 #bajb4 ,purpose4 ,sec4 #bajc4 ,definitions4 ,sec4 #bajd4 ,implementation of restoration4 ,sec4 #baje4 ,disposal of property2 title to facilities4 ,sec4 #bajf4 ,compliance with applicable law4 ,sec4 #bajg4 ,compliance with ,central ,valley ,project ,improvement ,act4 ,sec4 #bajh4 ,no private right of action4 ,sec4 #baji4 ,implementation4 ,sec4 #baaj4 ,repayment contracts and acceleration of repayment of construction costs4 ,sec4 #baaa4 ,repeal4 ,sec4 #baab4 ,water supply mitigation4 ,sec4 #baac4 ,additional authorities4 ,sec4 #baad4 ,protections4 ,title ,,iii--,repurposing ,assets ,to ,increase ,long-term ,water ,availability and ,yield ,act ,sec4 #cjja4 ,treatment of certain funds dedicated for high-speed rail development in the ,state of ,california4 ,sec4 #cjjb4 ,nitrate contamination reduction grants4 ,sec4 #cjjc4 ,new well construction grants4 ,title ,,iv--,hetch ,hetchy ,dam ,sec4 #djja4 ,hetch ,hetchy rental fee update4 ,title ,v--,bureau of ,reclamation and ,bureau of ,indian ,affairs ,water ,project ,streamlining ,act ,sec4 #ejja4 ,definitions4 ,sec4 #ejjb4 ,acceleration of studies4 ,sec4 #ejjc4 ,expedited completion of reports4 ,sec4 #ejjd4 ,project acceleration4 ,sec4 #ejje4 ,annual report to ,congress4 ,sec4 #ejjf4 ,applicability of the ,,wiin ,act4 ,title ,,vi--,water ,supply ,permitting ,coordination ,act ,sec4 #fjja4 ,definitions4 ,sec4 #fjjb4 ,establishment of lead agency and cooperating agencies4 ,sec4 #fjjc4 ,bureau responsibilities4 ,sec4 #fjjd4 ,cooperating agency responsibilities4 ,sec4 #fjje4 ,funding to process permits4 ,title ,,vii--,federally ,integrated ,species ,health ,act ,sec4 #gjja4 ,transfer of functions with respect to anadromous species and catadromous species4 ,sec4 #gjjb4 ,miscellaneous provisions4 ,sec4 #gjjc4 ,definitions4 ,title ,,viii--,aquifer ,recharge ,flexibility ,pilot ,program ,sec4 #hjja4 ,definitions4 ,sec4 #hjjb4 ,use of ,bureau facilities4 ,sec4 #hjjc4 ,aquifer recharge on eligible land4 ,sec4 #hjjd4 ,sense of ,congress4 ,sec4 #hjje4 ,conveyance for aquifer recharge purposes4 ,sec4 #hjjf4 ,report4 ,sec4 #hjjg4 ,effect4 ,sec4 #hjjh4 ,exemption4 ,title ,,ix--,big ,sand ,wash ,project ,title ,transfer ,act ,sec4 #ijja4 ,definitions4 ,sec4 #ijjb4 ,conveyance of facilities and land4 ,sec4 #ijjc4 ,relationship to ,uinta ,basin ,replacement ,project4 ,sec4 #ijjd4 ,report4 ,title ,x--,kennewick ,irrigation ,district ,title ,transfer ,act ,sec4 #ajjja4 ,definitions4 ,sec4 #ajjjb4 ,agreement1 conveyance1 report4 ,sec4 #ajjjc4 ,liability4 ,sec4 #ajjjd4 ,benefits4 ,sec4 #ajjje4 ,compliance with other laws4 ,sec4 #ajjjf4 ,payment4 ,sec4 #ajjjg4 ,miscellaneous4 ,sec4 #ajjjh4 ,limitations4 ,title ,,xi--,water ,rights ,protection ,act ,sec4 #aajja4 ,definitions4 ,sec4 #aajjb4 ,treatment of water rights4 ,sec4 #aajjc4 ,policy development4 ,sec4 #aajjd4 ,effect4 ,title ,,xii--,coulee ,dam ,redesignation ,sec4 #abjja4 ,redesignation of facility4 ,sec4 #abjjb4 ,references4 ,title ,,xiii--,nutria ,eradication and ,control ,act ,reauthorization ,sec4 #acjja4 ,nutria eradication4 ,sec4 #acjjb4 ,deauthorizations4 ,i ,water ,infrastructure #ajja4 ,,wiin ,act amendments 7a7 ,authorization of appropriations ,the ,,wiin ,act 7,public ,law #aad-cbb7 is amended-- 7#a7 in section #djjg 7#dc ,u4,s4,c4 #cij7;b7 note7-- 7,a7 in subsection 7h77#a7-- 7i7 by striking #cce1jjj1jjj of funding in section #djaa7;e7 is authorized and inserting #acd1jjj1jjj is authorized2 and 7ii7 by striking to remain available until expended and inserting to be appropriated for each of fiscal years #bjba through #bjbe to carry out this section2 and 7,b7 in subsection 7h77#b7-- 7i7 by striking ,congress4 and inserting ,congress2 and2 and 7ii7 by adding at the end the following3 7,a7 ,after approval by ,congress of an initial award for a federally owned storage project or a ,state-led storage project1 the ,secretary may award additional funding for the federally owned storage project or ,state-led storage project without further congressional approval2 and 7,b7 previously authorized projects remain eligible to receive funding under this provision4 2 and 7,c7 in subsection 7i71 by striking ,january #a1 #bjba and inserting ,january #a1 #bjbh2 and 7#b7 in section #djac 7#dc ,u4,s4,c4 #cij7;b7 note7-- 7,a7 by striking the date that is #e years after the date of its enactment and inserting ,december #af1 #bjbh2 and 7,b7 by striking #aj years after the date of its enactment and inserting on ,december #af1 #bjcc4 7b7 ,state water project protections ,subsection 7b77#b7 of section #djje of the ,,wiin ,act 7,public ,law #aad-cbb7 is amended by striking smelt biological opinion and the salmonid biological opinion2 and inserting then current smelt biological opinion and the then current salmonid biological opinion24 7c7 ,water desalination act amendment ,section #d7;a77#a77;,f7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih71 as amended by section #djji of the ,,wiin ,act1 is further amended by striking #cj1jjj1jjj of funding is authorized to remain available until expended2 and and inserting #ab1jjj1jjj is authorized to be appropriated for each of fiscal years #bjba through #bjbe44 7d7 ,reclamation wastewater and ground water study and facilities act amendment ,section #afjb7;g7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7title ,,xvi of ,public ,law #ajb-ege2 #dc ,u4,s4,c4 #cij;h7g771 as amended by section #djji of the ,,wiin ,act1 is further amended by striking #ej1jjj1jjj to remain available until expended and inserting #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7e7 ,,calfed authorization ,title ,i of ,public ,law #ajh-cfa 7the ,,calfed ,bay-,delta ,authorization ,act7 7#aah ,stat4 #afha2 #abc ,stat4 #bhfj2 #abh ,stat4 #afd2 #abh ,stat4 #bcab7 7as amended by section #djjg7k7 of the ,,wiin ,act 7#acj ,stat4 #ahff77 is amended by striking #bjai each place it appears and inserting #bjbe4 7f7 ,blueprint participation ,section #djji of the ,,wiin ,act 7,public ,law #aad-cbb7 is amended by adding after subsection 7a7 the following3 7b7 ,authorization ,to participate ,the ,secretary of the ,interior is authorized to participate in the development of the ,water ,blueprint for the ,san ,joaquin ,valley1 including the development of policy and infrastructure recommendations that-- 7#a7 increase surface water availability and reliability2 and 7#b7 reduce groundwater overdraft4 4 7g7 ,storage project feasibility ,section #djjg7;a7 of the ,,wiin ,act 7#dc ,u4,s4,c4 #cij;b7a77 is amended by adding at the end the following3 7#c7 ,feasible ,the term feasible in regards to any ,federally owned storage project or ,state-led storage project1 means any such project for which the ,secretary of the ,interior determines that-- 7,a7 engineering and cost estimates have been completed consistent with the level of detail required for typical feasibility studies used to assist in the selection of a preferred plan or alternative in order to ensure the project is constructible and estimated costs support feasibility2 7,b7 there is reasonable certainty that environmental compliance and permitting1 consistent with applicable ,federal and ,state laws1 shall be completed and any potential changes to the project that may be required by those laws have been identified2 and 7,c7 the maximum amount of ,federal funds provided is no less than the projected ,federal benefits1 including1 but not limited to1 water supply1 irrigation1 flood control1 hydroelectric power1 navigation1 recreation1 fish and wildlife enhancement1 water quality1 or road improvement1 maintenance1 or relocation provided by the project4 4 7h7 ,storage project flexibility ,section #djjg7;b77#a7 of the ,,wiin ,act 7,public ,law #aad-cbb7 is amended by striking or any public agency and inserting any public agency1 or any other entity4 ,,ii ,sacramento-,san ,joaquin ,valley ,water ,reliability ,act ,a ,central ,valley ,project ,water ,reliability #bjja4 ,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 #bjbc1 at the lowest cost reasonably achievable2 and 7h7 to facilitate and expedite water transfers in accordance with this ,act4 4 #bjjb4 ,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 7h71 by striking 7h7 ,the term natural production means fish produced to adulthood without direct human intervention in the spawning1 rearing1 or migration processes2 and by redesignating subsections 7i7 through 7m7 as subsections 7h7 through 7l71 respectively2 7#c7 in subsection 7k71 by striking and1 after this title2 7#d7 in subsection 7l71 by striking the period and inserting 2 and2 and 7#e7 by adding at the end the following3 7m7 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 #bjjc4 ,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 ,in renewing the contract1 the ,secretary shall not have discretion to reduce the quantity of water to be delivered under the contract4 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 ,reclamation laws applicable to the contract1 including the ,act of ,july #b1 #aief 7#gj ,stat4 #dhc71 when applicable4 7c7 ,pricing based on water deliveries ,beginning on the date of the enactment of this ,act1 the ,secretary shall charge contractors only for water actually delivered4 ,the ,secretary shall incorporate this term in all contracts for the delivery of water from the ,central ,valley ,project4 4 #bjjd4 ,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 laws 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 laws-- 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 agency shall ensure that all surface water delivery systems owned or operated by that contracting district or agency 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 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 section12 and 7,d7 by striking covered and inserting deposited4 #bjje4 ,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 7a7 by striking paragraphs 7#a7 and 7#b71 and redesignating paragraphs 7#c7 and 7#d7 as 7#a7 and 7#b72 7#b7 ,in subsection 7b7-- 7,a7 by striking establishing and inserting that establish2 and 7,b7 by inserting 1 that the ,secretary has determined are not inconsistent with the congressionally authorized purposes of the project1 after ,california ,state ,water ,resources ,control ,board2 7,c7 in paragraph 7#a7-- 7i7 by striking natural production of2 7ii7 by striking levels not less than twice2 and 7iii7 by striking title2 ,and provided further1 and all that follows through the period and inserting title42 7,d7 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 remaining contractual obligations and inserting contractual obligations2 7v7 by striking ,instream flow and inserting ,reasonable instream flow2 7vi7 by inserting and the ,national ,marine ,fisheries ,service after ,united ,states ,fish and ,wildlife ,service2 and 7vii7 by striking after consultation with the ,california ,department of ,fish and ,game2 7,e7 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 contractual obligations to provide ,central ,valley ,project water for agricultural or municipal and industrial purposes42 7,f7 by amending paragraph 7#b77;,b7 to read3 7,b7 ,such quantity of water shall be managed by the ,bureau of ,reclamation after consultation with the ,united ,states ,fish and ,wildlife ,service and the ,national ,marine ,fisheries ,service4 2 7,g7 by amending paragraph #b7;,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#c7 ,in subsection 7c7 in paragraph 7#a7 by striking naturally reproducing4 7#d7 ,in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking paragraph 7#a7 of this subsection and inserting paragraph 7#b7 of this subsection4 7,b7 by amending paragraph 7#d7 to read as follows3 7#d7 ,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 water dedicated under paragraph 7#a7 of this subsection shall be reduced by #be percent4 4 7#e7 ,in subsection 7e7-- 7,a7 in paragraph 7#b71 by striking ,provided1 ,that additional hatchery production shall only be used to supplement or to re-establish natural production while avoiding adverse effects on remaining wild stocks22 and 7,b7 in paragraph 7#f71 by striking restore1 and enhance natural production of salmon and steelhead trout and inserting and restore anadromous fish4 7#f7 ,by adding at the end the following3 7i7 ,natural and artificial production of species ,regardless of the date of listing1 the ,secretaries of the ,interior and ,commerce shall not distinguish between natural production and artificial propagation or artificial production 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 7j7 ,satisfaction of purposes ,by pursuing the activities described in this section1 the ,secretary shall be deemed to have met the fish and wildlife mitigation1 protection1 restoration1 and enhancement purposes of this title4 4 #bjjf4 ,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--,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 intent of groundwater recharge or banking4 4 7b7 ,certain payments ,section #cdjg7;c77#a7 of the ,central ,valley ,project ,improvement ,act is amended-- 7#a7 by striking provided for or2 and 7#b7 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#b77;,a7 of the ,central ,valley ,project ,improvement ,act is amended by inserting 1 or after ,october #a1 #bjac1 #d per megawatt-hour for ,central ,valley ,project power sold to power contractors 7,october #bjac 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 not later than ,december #ca1 #bjbe1 after ,that upon the completion of the fish1 wildlife1 and habitat mitigation and restoration actions mandated under section #cdjf14 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 #bjba1 and annually thereafter1 to transmit to the ,secretary and ,congress recommendations required under subparagraph 7,a74 7,d7 ,not later than ,december #ca1 #bjba1 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 #bjjg4 ,additional authorities 7a7 ,authority for certain activities ,section #cdjh of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgbh7 is amended-- 7#a7 by amending subdivision 7c7 to read as follows3 7c7 ,additional storage and delivery of water 7#a7 ,in general ,pursuant to ,federal ,reclamation laws and this title1 the ,secretary is authorized to enter into contracts or agreements with any ,federal agency1 ,california water user or water agency1 ,state agency1 joint powers authority1 or private organization for the exchange1 impoundment1 storage1 carriage1 and delivery of non-project water for domestic1 municipal1 industrial1 fish and wildlife1 groundwater recharge or banking1 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 non-project water using ,central ,valley ,project facilities for any beneficial purpose where such facilities are not otherwise committed or required to fulfill project purposes1 including deliveries under existing contracts1 or other ,federal obligations4 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 carry1 or deliver non-project water for any beneficial purpose4 2 and 7#b7 by striking subsection 7d7 and redesignating subsections 7e7 through 7k7 as subsections 7d7 through 7j74 7b7 ,reporting requirements ,section #cdjh7;e7 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 7i72 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;i7 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 #bjbj1 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 #bjbc 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 ,all costs incurred in the development and implementation of the plan required by this subsection shall not be reimbursable to the ,united ,states and shall include recommendations on 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 options34 7#e7 ,in subparagraph 7,a71 by inserting 1 including 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 #bjbj4 7#c7 ,failure of the plan ,notwithstanding any other provision of ,federal ,reclamation laws1 if by ,september #cj1 #bjbc1 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;g7 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 #bjjh4 ,amendments to ,central ,valley ,project authorizations ,section #b of the ,act of ,august #bf1 #aicg 7chapter #hcb2 #ej ,stat4 #hej71 as amended1 is further amended as follows3 7#a7 ,in the last proviso of subsection 7a7-- 7,a7 by striking second1 for irrigation and domestic uses and inserting second1 for irrigation1 domestic1 and municipal and industrial uses22 7,b7 by striking and fish and wildlife mitigation1 protection and restoration purposes22 7,c7 by striking and1 third1 and inserting third12 7,d7 by striking power and fish and wildlife enhancement and inserting power generation22 7,e7 by inserting after power generation2 fourth1 for purposes of mitigating impacts to fish and wildlife caused by the construction1 operation1 or maintenance of the ,central ,valley ,project2 and fifth1 for purposes of protecting1 enhancing1 or helping to restore fish and wildlife42 and 7,f7 by adding at the end the following3 ,when there is insufficient ,central ,valley ,project yield to meet all the demands for water deliveries from the ,central ,valley ,project1 the ,secretary shall apply these priorities in making allocations of available water44 7#b7 ,in subsection 7b77#a71 by striking the last sentence4 #bjji4 ,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 ,central ,valley ,project 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 ,central ,valley ,project or the delivery of water therefrom 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 section1 the term project-- 7#a7 means an activity that-- 7,a7 is undertaken by a public agency1 funded by a public agency1 or that requires an issuance of a permit by a public agency2 7,b7 has a potential to result in physical change to the environment2 and 7,c7 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 qualifies as a project under the ,california ,environmental ,quality ,act as defined in section #bajfe of the ,california ,public ,resource ,code4 7d7 ,congressional direction regarding central valley project and california state water project operations ,notwithstanding any other provision of law1 complying with the ,biological ,opinion for ,reinitiation of ,consultation on the ,coordinated ,operations of the ,central ,valley ,project and ,state ,water ,project1 released by the ,united ,states ,fish and ,wildlife ,service and the ,national ,marine ,fisheries ,service on ,october #ba1 #bjai1 combined with efforts carried out pursuant to ,public ,law #ajb-ege and ,public ,law #aad-cbb1 fully meet all requirements of applicable ,federal environmental laws1 including the ,endangered ,species ,act 7#af ,u4,s4,c4 #aeca et seq47 for the ,central ,valley ,project and the ,state ,water ,project4 ,b ,san ,joaquin ,river ,restoration #baja4 ,repeal of the ,san ,joaquin ,river ,settlement ,as of the date of the enactment of this title1 the ,secretary shall cease any action to implement 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 #bajb4 ,purpose ,section #ajjjb of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended by striking implementation of the ,settlement and inserting restoration of the ,san ,joaquin ,river4 #bajc4 ,definitions ,section #ajjjc of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,the term ,restoration ,flows means the additional water released or bypassed from ,friant ,dam to insure that the target flow entering ,mendota ,pool1 located approximately #fb river miles downstream from ,friant ,dam1 does not fall below #ej cubic feet per second4 2 7#b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,the term ,water ,year means ,march #a through the last day of ,february of the following ,calendar ,year1 both dates inclusive4 2 and 7#c7 by adding at the end the following new paragraph3 7#d7 ,the term ,critical ,water ,year means when the total unimpaired runoff at ,friant ,dam is less than #djj1jjj acre-feet1 as forecasted as of ,march #a of that water year by the ,california ,department of ,water ,resources4 4 #bajd4 ,implementation of restoration ,section #ajjjd of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking authorized and directed and all that follows through in the ,settlement3 and inserting authorized to carry out the following32 7,b7 by striking paragraphs 7#a71 7#b71 7#d71 and 7#e72 7,c7 in paragraph 7#c7-- 7i7 by striking 7#c7 and inserting 7#a72 and 7ii7 by striking paragraph #ac of the ,settlement and inserting this part2 and 7,d7 by adding at the end the following new paragraphs3 7#b7 ,in each ,water ,year1 commencing in the ,water ,year starting on ,march #a1 #bjba-- 7,a7 shall modify ,friant ,dam operations so as to release the ,restoration ,flows for that ,water ,year1 except in any ,critical ,water ,year2 7,b7 shall ensure that the release of ,restoration ,flows are maintained at the level prescribed by this part1 but that ,restoration ,flows do not reach downstream of ,mendota ,pool2 7,c7 shall release the ,restoration ,flows in a manner that improves the fishery in the ,san ,joaquin ,river below ,friant ,dam1 but upstream of ,gravelly ,ford in existence as of the date of the enactment of this part1 and the associated riparian habitat2 and 7,d7 may1 without limiting the actions required under paragraphs 7,a7 and 7,c7 and subject to subsections #ajjjd7;a77#c7 and #ajjjd7l71 use the ,restoration ,flows to enhance or restore a warm water fishery downstream of ,gravelly ,ford to and including ,mendota ,pool1 if the ,secretary determines that it is reasonable1 prudent1 and feasible to do so4 7#c7 ,not later than #a year after the date of the enactment of this section1 the ,secretary shall develop and implement1 in cooperation with the ,state of ,california1 a reasonable plan1 to fully recirculate1 recapture1 reuse1 exchange1 or transfer all ,restoration ,flows and provide such recirculated1 recaptured1 reused1 exchanged1 or transferred flows to those contractors within the ,friant ,division1 ,hidden ,unit1 and ,buchanan ,unit of the ,central ,valley ,project that relinquished the ,restoration ,flows so recirculated1 recaptured1 reused1 exchanged1 or transferred4 ,such a plan shall address any impact on ground water resources within the service area of the ,friant ,division1 ,hidden ,unit1 and ,buchanan ,unit of the ,central ,valley ,project and mitigation may include ground water banking and recharge projects4 ,such a plan shall not impact the water supply or water rights of any entity outside the ,friant ,division1 ,hidden ,unit1 and ,buchanan ,unit of the ,central ,valley ,project4 ,such a plan shall be subject to applicable provisions of ,california water law and the ,secretary's use of ,central ,valley ,project facilities to make ,project water 7other than water released from ,friant ,dam pursuant to this part7 and water acquired through transfers available to existing south-of-,delta ,central ,valley ,project contractors4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking the ,settlement and inserting this part2 and 7,b7 in paragraph 7#b71 by striking the ,settlement and inserting this part2 7#c7 in subsection 7c71 by striking the ,settlement and inserting this part2 7#d7 by striking subsection 7d7 and inserting the following3 7d7 ,mitigation of impacts ,prior to ,october #a1 #bjbj1 the ,secretary shall identify-- 7#a7 the impacts associated with the release of ,restoration ,flows prescribed in this part2 7#b7 the measures which shall be implemented to mitigate impacts on adjacent and downstream water users1 landowners and agencies as a result of ,restoration ,flows prescribed in this part2 and 7#c7 prior to the implementation of decisions or agreements to construct1 improve1 operate1 or maintain facilities that the ,secretary determines are needed to implement this part1 the ,secretary shall implement all mitigations measures identified in subsection 7d77#b7 before ,restoration ,flows are commenced4 2 7#e7 in subsection 7e71 by striking the ,settlement and inserting this part2 7#f7 in subsection 7f71 by striking the ,settlement and all that follows through section #ajjaa and insert this part2 7#g7 in subsection 7g7-- 7,a7 by striking the ,settlement and before this part2 and 7,b7 by striking or exchange contract and inserting exchange contract1 or water rights settlement or holding contracts2 7#h7 in subsection 7h7-- 7,a7 by striking ,interim in the header2 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,interim ,flows under the ,settlement and inserting ,restoration ,flows under this part2 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7i71 by striking ,interim and inserting ,restoration2 and 7,,ii7 in clause 7ii71 by inserting and after the semicolon2 7iii7 in subparagraph 7,d71 by striking and at the end2 and 7iv7 by striking subparagraph 7,e72 7,c7 in paragraph 7#b7-- 7i7 by striking ,interim and inserting ,restoration2 7ii7 by striking subparagraph 7,a72 and 7iii7 by striking 7,b7 exceed and inserting exceed2 7,d7 in paragraph 7#c71 by striking ,interim and inserting ,restoration2 and 7,e7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,claims ,not later than #fj days after the date of the enactment of this ,act the ,secretary shall promulgate a rule establishing a claims process to address current and future claims including1 but not limited to1 ground water seepage1 flooding1 or levee instability damages caused as a result of1 arising out of1 or related to implementation of subtitle ,a of title ,x of ,public ,law #aaa-aa4 2 7#i7 in subsection 7i7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the ,settlement and parts ,i and ,,iii and inserting this part2 7ii7 in subparagraph 7,a71 by inserting and after the semicolon2 7iii7 in subparagraph 7,b7-- 7,i7 by striking additional amounts authorized to be appropriated1 including the2 and 7,,ii7 by striking 2 and and inserting a period2 and 7iv7 by striking subparagraph 7,c72 and 7,b7 by striking paragraph 7#c72 and 7#aj7 by adding at the end the following new subsections3 7k7 ,no impacts on other interests ,no ,central ,valley ,project or other water other than ,san ,joaquin ,river water impounded by or bypassed from ,friant ,dam shall be used to implement subsection 7a77#b7 unless such use is on a voluntary basis4 ,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 outside the ,friant ,division1 the ,hidden ,unit1 or the ,buchanan ,unit1 unless such costs are incurred on a voluntary basis4 ,the implementation of this part shall not result directly or indirectly in any reduction in water supplies to or water reliability for any ,central ,valley ,project contractor1 any ,state ,water ,project contractor1 or any other person or entity1 outside the ,friant ,division1 the ,hidden ,unit1 or the ,buchanan ,unit1 unless such reductions or costs are incurred on a voluntary basis4 7l7 ,priority ,all actions taken under this part shall be subordinate to the ,secretary's use of ,central ,valley ,project facilities to make ,project water available to ,project contractors1 other than water released from the ,friant ,dam pursuant to this part4 7m7 ,in general ,notwithstanding section #h of the ,reclamation ,act of #aijb1 except as expressly provided in this part1 including title ,,ii of this ,act1 this part preempts and supersedes any ,state law1 regulation1 or requirement that imposes more restrictive requirements or regulations on the activities authorized under this part4 ,nothing in this part shall alter or modify the obligations1 if any1 of the ,friant ,division1 ,hidden ,unit1 and ,buchanan ,unit of the ,central ,valley ,project1 or other water users on the ,san ,joaquin ,river or its tributaries1 under orders issued by the ,state ,water ,resources ,control ,board pursuant to the ,porter-,cologne ,water ,quality ,control ,act 7,california ,water ,code sections #acjjj et seq474 ,any such order shall be consistent with the congressional authorization for any affected ,federal facility as it pertains to the ,central ,valley ,project4 7n7 ,project implementation ,projects to implement this title shall be phased such that each project shall follow the sequencing identified below and include at least the-- 7#a7 project purpose and need2 7#b7 identification of mitigation measures2 7#c7 appropriate environmental review2 and 7#d7 prior to releasing ,restoration ,flows under this part1 the ,secretary shall-- 7,a7 complete the implementation of mitigation measures required2 and 7,b7 complete implementation of the project4 4 #baje4 ,disposal of property2 title to facilities ,section #ajjje of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in subsection 7a71 by striking the ,settlement authorized by this part and inserting this part2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking 7#a7 ,in general4--,the ,secretary2 and 7ii7 by striking the ,settlement authorized by this part and inserting this part2 and 7,b7 by striking paragraph 7#b72 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking the ,settlement and inserting this part2 7,b7 in paragraph 7#b7-- 7i7 by striking through the exercise of its eminent domain authority2 and 7ii7 by striking the ,settlement and inserting this part2 and 7,c7 in paragraph 7#c71 by striking section #ajjji7;c7 and inserting section #ajjji4 #bajf4 ,compliance with applicable law ,section #ajjjf of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting unless otherwise provided by this part before the period at the end2 and 7,b7 in paragraph 7#b71 by striking the ,settlement and inserting this part2 7#b7 in subsection 7b71 by inserting 1 unless otherwise provided by this part before the period at the end2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking section #ajjjd and inserting this part2 and 7,b7 in paragraph 7#c71 by striking the ,settlement and inserting this part2 and 7#d7 in subsection 7d7-- 7,a7 by inserting 1 including without limitation to sections #ajjjd7;d7 and #ajjjd7;h77#d7 of this part1 after implementing this part2 and 7,b7 by striking for implementation of the ,settlement4 #bajg4 ,compliance with ,central ,valley ,project ,improvement ,act ,section #ajjjg of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in the matter preceding paragraph 7#a7-- 7,a7 by striking the ,settlement and inserting enactment of this part2 and 7,b7 by inserting3 and the obligations of the ,secretary and all other parties to protect and keep in good condition any fish that may be planted or exist below ,friant ,dam including any obligations under section #eicg of the ,california ,fish and ,game ,code and the public trust doctrine1 and those of the ,secretary and all other parties under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 before 1 provided2 and 7#b7 in paragraph 7#a71 by striking 1 as provided in the ,settlement4 #bajh4 ,no private right of action ,section #ajjjh7;a7 of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 by striking not a party to the ,settlement after person or entity2 and 7#b7 by striking or the ,settlement before the period and inserting unless otherwise provided by this part4 ,any ,central ,valley ,project long-term water service or repayment contractor within the ,friant ,division1 ,hidden ,unit1 or ,buchanan ,unit adversely affected by the ,secretary's failure to comply with section #ajjjd7;a77#c7 of this part may bring an action against the ,secretary for injunctive relief or damages1 or both44 #baji4 ,implementation ,section #ajjji of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in the header by striking 2 settlement fund2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking the ,settlement the first place it appears and inserting this part2 7ii7 by striking 1 estimated to total and all that follows through subsection 7b77#a712 and 7iii7 by striking provided however1 and all that follows through #aaj1jjj1jjj of ,state funds2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking 7,a7 ,in general4--,the ,secretary and inserting ,the ,secretary2 and 7ii7 by striking subparagraph 7,b72 and 7,c7 in paragraph 7#c7-- 7i7 by striking ,except as provided in the ,settlement1 to and inserting ,to2 and 7ii7 by striking this ,settlement and inserting this part2 7#c7 in subsection 7b77#a7-- 7,a7 by striking ,in addition through however1 that the and inserting ,the2 7,b7 by striking such additional appropriations only in amounts equal to2 and 7,c7 by striking or the ,settlement before the period2 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the ,settlement and inserting this part2 7ii7 in subparagraph 7,c71 by striking from the sale of water pursuant to the ,settlement1 or2 and 7iii7 in subparagraph 7,d71 by striking the ,settlement and inserting this part2 7,b7 in paragraph 7#b71 by striking the ,settlement and before this part2 and 7#e7 by striking subsections 7d7 through 7f74 #baaj4 ,repayment contracts and acceleration of repayment of construction costs ,section #ajjaj of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c77;,d71 by striking the ,settlement and before this part2 and 7,b7 in paragraph 7#d77;,c71 by striking the ,settlement and before this part2 7#b7 in subsection 7c71 by striking paragraph 7#c72 7#c7 in subsection 7d77#a71 by striking the ,settlement in both places it appears and inserting this part2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,interim ,flows or ,restoration ,flows1 pursuant to paragraphs #ac or #ae of the ,settlement and inserting ,restoration ,flows1 pursuant to this part2 7ii7 by striking ,interim ,flows or before ,restoration ,flows2 and 7iii7 by striking the ,interim ,flows or ,restoration ,flows or is intended to otherwise facilitate the ,water ,management ,goal1 as described in the ,settlement and inserting ,restoration ,flows2 and 7,b7 in paragraph 7#b7-- 7i7 by striking except as provided in paragraph #af7;b7 of the ,settlement after ,friant ,division long-term contractor2 and 7ii7 by striking the ,interim ,flows or ,restoration ,flows or to facilitate the ,water ,management ,goal and inserting ,restoration ,flows4 #baaa4 ,repeal ,section #ajjaa of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is repealed4 #baab4 ,water supply mitigation ,section #ajbjb7;b7 of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in paragraph 7#a71 by striking the ,interim or ,restoration ,flows authorized in part ,i of this subtitle and inserting ,restoration ,flows authorized in this part2 7#b7 in paragraph 7#b71 by striking the ,interim or ,restoration ,flows authorized in part ,i of this subtitle and inserting ,restoration ,flows authorized in this part2 and 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking meet the ,restoration ,goal as described in part ,i of this subtitle and inserting recover ,restoration ,flows as described in this part2 and 7,b7 in subparagraph 7,c7-- 7i7 by striking the ,interim or ,restoration ,flows authorized in part ,i of this subtitle and inserting ,restoration ,flows authorized in this part2 and 7ii7 by striking 1 and for ensuring appropriate adjustment in the recovered water account pursuant to section #ajjjd7;a77#e74 #baac4 ,additional authorities ,section #ajbjc of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking section #ajjjd7;a77#d7 and inserting section #ajjjd7;a77#c72 and 7,b7 by striking 1 provided and all that follows through section #ajjji7;f77#b72 and 7#b7 by striking subsection 7c74 #baad4 ,protections ,section #djje of ,public ,law #aad-cbb1 as amended by this ,act1 shall apply to this title40 ,,iii ,repurposing ,assets ,to ,increase ,long-term ,water ,availability and ,yield ,act #cjja4 ,treatment of certain funds dedicated for high-speed rail development in the ,state of ,california 7a7 ,treatment of funds ,notwithstanding any other law1 the covered funds described in subsection 7b7 shall be immediately deposited as follows3 7#a7 ,ninety percent of funds in the ,reclamation ,water ,storage ,account which shall be made available to the ,secretary of the ,interior for water storage projects authorized pursuant to section #djjg of the ,water ,infrastructure ,improvements for the ,nation ,act 7,public ,law #aad-cbb7 7#dc ,u4,s4,c4 #cij;b note74 7#b7 ,five percent of funds in the ,rural ,water and ,waste ,disposal ,program ,account which shall be made available to the ,secretary of ,agriculture for grants under section #cjf;,f of the ,consolidated ,farm and ,rural ,development ,act4 7#c7 ,five percent of funds in the ,rural ,water and ,waste ,disposal ,program ,account which shall be made available to the ,secretary of ,agriculture for grants under section #cjf;,g of the ,consolidated ,farm and ,rural ,development ,act4 7b7 ,covered funds ,the covered funds are the following3 7#a7 ,the ,federal funds received by the ,department of ,transportation as a result of the ,department of ,transportation's termination and de-obligation of ,cooperative ,agreement ,no4 ,,fr-,,hsr-#jaah-ab-ja-ja between the ,federal ,railroad ,administration and the ,california ,high-,speed ,rail ,authority1 notwithstanding the ,omnibus ,appropriations ,act1 #bjaj 7,public ,law #aaa-aag74 7#b7 ,the ,federal funds that are recovered by the ,department of ,transportation relating to ,cooperative ,agreement ,no4 ,,fr-,,hsr-#jjji-aj-ja-jf between the ,federal ,railroad ,administration and the ,california ,high-,speed ,rail ,authority1 notwithstanding the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e74 7#c7 ,any funds determined to be offsets by the ,federal ,railroad ,administration or the ,department of ,transportation1 consistent with ,cooperative ,agreement ,no4 ,,fra-,,hsr-#jjji-aj-ja-jf4 7c7 ,cost share for water storage projects ,funds made available pursuant this ,act shall not count toward the cost-share provisions of section #djjg of the ,water ,infrastructure ,improvements for the ,nation ,act4 #cjjb4 ,nitrate contamination reduction grants 7a7 ,in general ,subtitle ,a of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibb-aicf;c7 is amended by inserting after section #cjf;,e the following3 #cjf;,f4 ,nitrate contamination reduction grants 7a7 ,in general ,the ,secretary shall provide grants in accordance with this section to public or private nonprofit entities for projects designed to reduce the level of nitrates in1 or remove nitrates from1 drinking water in a rural community where the level of nitrates in drinking water exceeds applicable ,federal or ,state standards4 7b7 ,use of funds ,grants made under this section may be used-- 7#a7 for waterline extensions from existing systems1 laying of new waterlines1 repairs or maintenance to an existing system1 digging of new wells or development of other sources of water designed to replace sources of drinking water with high levels of nitrates1 equipment replacement1 and hook-up fees2 and 7#b7 in the case of a project designed to benefit a rural community outside the jurisdiction of the grantee1 to maintain existing water supplies of the grantee that will be reduced as a result of the project4 7c7 ,rural community ,in this section1 the term rural community does not include-- 7#a7 any area in any city or town with a population in excess of #aj1jjj inhabitants according to the most recent decennial census of the ,united ,states2 or 7#b7 any area with a median household income in excess of the ,state nonmetropolitan median household income4 7d7 ,full funding ,grants under this section shall be made in an amount equal to #ajj percent of the costs of the projects conducted under this section4 7e7 ,application ,subsection 7h7 of section #cjf;,a shall apply with respect to the administration of applications for grants under this section4 4 7b7 ,repeal ,effective #e years after the date of the enactment of this ,act1 section #cjf;,f of the ,consolidated ,farm and ,rural ,development ,act1 as added by the amendment made by subsection 7a71 is repealed4 #cjjc4 ,new well construction grants 7a7 ,in general ,subtitle ,a of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibb-aicf;c7 is further amended by inserting after section #cjf;,f the following3 #cjf;,g4 ,new well construction grants 7a7 ,in general ,the ,secretary shall provide grants in accordance with this section to public or private nonprofit entities for projects designed to supply drinking water to rural communities in which a significant number of dwellings with private drinking water wells have wells that are not producing water4 7b7 ,use of funds ,grants made under this section may be used-- 7#a7 for waterline extensions from existing systems1 laying of new waterlines1 repairs or maintenance to an existing system1 digging of new wells or development of other sources of water designed to replace sources of drinking water with high levels of nitrates1 equipment replacement1 and hook-up fees2 and 7#b7 in the case of a project designed to benefit a rural community outside the jurisdiction of the grantee1 to maintain existing water supplies of the grantee that will be reduced as a result of the project4 7c7 ,rural community ,in this section1 the term rural community does not include-- 7#a7 any area in any city or town with a population in excess of #aj1jjj inhabitants according to the most recent decennial census of the ,united ,states2 or 7#b7 any area with a median household income in excess of the ,state nonmetropolitan median household income4 7d7 ,full funding ,grants under this section shall be made in an amount equal to #ajj percent of the costs of the projects conducted under this section4 7e7 ,application ,subsection 7h7 of section #cjf;,a shall apply with respect to the administration of applications for grants under this section4 4 7b7 ,repeal ,effective #e years after the date of the enactment of this ,act1 section #cjf;,g of the ,consolidated ,farm and ,rural ,development ,act1 as added by the amendment made by subsection 7a71 is repealed4 ,,iv ,hetch ,hetchy ,dam #djja4 ,hetch ,hetchy rental fee update ,section #g of the ,act of ,december #ac1 #aiac 7#ch ,stat4 #bdb71 is amended-- 7#a7 by striking pay the sum of #cj1jjj and all that follows in the first sentence and inserting pay an amount determined annually by the ,secretary in accordance with the formula used by the ,federal ,energy ,regulatory ,commission for application to licenses of hydroelectric projects under the ,federal ,power ,act 7#af ,u4,s4,c4 #gia et seq471 provided that1 in no event shall such amount be less than #eig1jjj4jj4 ,said amount to be paid on the first day of ,july of each year42 and 7#b7 by amending the second and third sentences to read as follows3 ,these funds shall be placed in a separate fund by the ,united ,states and1 notwithstanding any other provision of law1 shall not be available for obligation or expenditure until appropriated by ,congress4 ,the highest priority use of the funds shall be for annual operation of ,yosemite ,national ,park1 with the remainder of any funds to be used to fund operations of other national parks in the ,state of ,california44 ,v ,bureau of ,reclamation and ,bureau of ,indian ,affairs ,water ,project ,streamlining ,act #ejja4 ,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 ,reclamation or ,bureau of ,indian ,affairs4 7#e7 ,project ,the term project means-- 7,a7 a surface water project1 a project under the purview of title ,,xvi of ,public ,law #ajb-ege1 a rural water supply project investigated under ,public ,law #aji-dea1 or a ,federal portion of an integrated water resource management plan that has been subject to a review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and is 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 seq472 or 7,b7 ,indian irrigation projects in the western ,united ,states that1 on the date of the enactment of this ,act1 are owned by the ,federal ,government1 as listed in the ,federal inventory required by ,executive ,order #accbg 7#dj ,u4,s4,c4 #aba note2 relating to ,federal real property asset management74 7#f7 ,project sponsor ,the term project sponsor means a ,state1 regional1 ,tribal1 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 the ,bureau of ,indian ,affairs or that would be integrated into a larger system owned1 operated or administered in whole or in part by the ,bureau of ,reclamation or the ,bureau of ,indian ,affairs4 #ejjb4 ,acceleration of studies 7a7 ,in general ,to the extent practicable1 a project study initiated by the ,secretary1 after the date of the enactment of this ,act1 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 or the ,bureau of ,indian ,affairs concurrently conduct the review required under that 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 ,committees on ,energy and ,natural ,resources and ,indian ,affairs 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 #e2 7#b7 convene a meeting of all ,federal1 ,tribal1 and ,state agencies identified under section #e7;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 the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committees on ,energy and ,natural ,resources and ,indian ,affairs of the ,senate and make publicly available a report that describes-- 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 the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committees on ,energy and ,natural ,resources and ,indian ,affairs of the ,senate and make publicly available a report that describes-- 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 #ejjc4 ,expedited completion of reports ,the ,secretary shall-- 7#a7 expedite the completion of any ongoing project study initiated before the date of the 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 #ejjd4 ,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 the 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 the 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 non-federally 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 or the ,bureau of ,indian ,affairs water projects are located2 7ii7 will create additional water supplies that support ,bureau of ,reclamation or the ,bureau of ,indian ,affairs water projects2 or 7iii7 will become integrated into the operation of ,bureau of ,reclamation or the ,bureau of ,indian ,affairs 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 meet the standards described in paragraph 7#a72 and 7ii7 do 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 #e7;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 the enactment of this ,act71 shall govern the identification and the participation of a cooperating agency4 7#e7 ,federal cooperating agencies ,any ,federal agency that is invited by the ,federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the ,federal lead agency unless the invited agency informs the ,federal lead agency1 in writing1 by the deadline specified in the invitation that the invited agency-- 7,a7 7i7 has no jurisdiction or authority with respect to the project2 7ii7 has no expertise or information relevant to the project2 or 7iii7 does not have adequate funds to participate in the project2 and 7,b7 does not intend to submit comments on the project4 7#f7 ,administration ,a participating or cooperating agency shall comply with this section and any schedule established under this section4 7#g7 ,effect of designation ,designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency-- 7,a7 supports a proposed project2 or 7,b7 has any jurisdiction over1 or special expertise with respect to evaluation of1 the project4 7#h7 ,concurrent reviews ,each participating or cooperating agency shall-- 7,a7 carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process1 unless doing so would prevent the participating or cooperating agency from conducting needed analysis or otherwise carrying out those obligations2 and 7,b7 formulate and implement administrative1 policy1 and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely1 coordinated1 and environmentally responsible manner4 7e7 ,non-,federal projects intergrated 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 ,reclamation or the ,bureau of ,indian ,affairs4 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 ,committees on ,energy and ,natural ,resources and ,indian ,affairs 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 the 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 ,tribal1 or local decision1 action1 or approval required under applicable laws for each project study for which this section is applicable4 7i7 ,issue identification and resolution 7#a7 ,cooperation ,the ,federal lead agency1 the cooperating agencies1 and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws4 7#b7 ,federal lead agency responsibilities 7,a7 ,in general ,the ,federal lead agency shall make information available to the cooperating agencies and participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration4 7,b7 ,data sources ,the information under subparagraph 7,a7 may be based on existing data sources1 including geographic information systems mapping4 7#c7 ,cooperating and participating agency responsibilities ,based on information received from the ,federal lead agency1 cooperating and participating agencies shall identify1 as early as practicable1 any issues of concern regarding the potential environmental or socioeconomic impacts of the project1 including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study4 7#d7 ,accelerated issue resolution and elevation 7,a7 ,in general ,on the request of a participating or cooperating agency or project sponsor1 the ,secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the project sponsor or joint lead agency1 as applicable1 to resolve issues that may-- 7i7 delay completion of the environmental review process2 or 7ii7 result in denial of any approval required for the project study under applicable laws4 7,b7 ,meeting date ,a meeting requested under this paragraph shall be held not later than #ba days after the date on which the ,secretary receives the request for the meeting1 unless the ,secretary determines that there is good cause to extend that deadline4 7,c7 ,notification ,on receipt of a request for a meeting under this paragraph1 the ,secretary shall notify all relevant participating and cooperating agencies of the request1 including the issue to be resolved and the date for the meeting4 7,d7 ,elevation of issue resolution ,if a resolution cannot be achieved within the #cj-;day period beginning on the date of a meeting under this paragraph and a determination is made by the ,secretary that all information necessary to resolve the issue has been obtained1 the ,secretary shall forward the dispute to the heads of the relevant agencies for resolution4 7,e7 ,convention by secretary ,the ,secretary may convene an issue resolution meeting under this paragraph at any time1 at the discretion of the ,secretary1 regardless of whether a meeting is requested under subparagraph 7,a74 7#e7 ,financial penalty provisions 7,a7 ,in general ,a ,federal jurisdictional agency shall complete any required approval or decision for the environmental review process on an expeditious basis using the shortest existing applicable process4 7,b7 ,failure to decide 7i7 ,in general 7,i7 ,transfer of funds ,if a ,federal jurisdictional agency fails to render a decision required under any ,federal law relating to a project study that requires the preparation of an environmental impact statement or environmental assessment1 including the issuance or denial of a permit1 license1 statement1 opinion1 or other approval by the date described in clause 7ii71 the amount of funds made available to support the office of the head of the ,federal jurisdictional agency shall be reduced by an amount of funding equal to the amount specified in item 7aa7 or 7bb7 of subclause 7,,ii71 and those funds shall be made available to the division of the ,federal jurisdictional agency charged with rendering the decision by not later than #a day after the applicable date under clause 7ii71 and once each week thereafter until a final decision is rendered1 subject to subparagraph 7,c74 7,,ii7 ,amount to be transferred ,the amount referred to in subclause 7,i7 is-- 7aa7 #bj1jjj for any project study requiring the preparation of an environmental assessment or environmental impact statement2 or 7bb7 #aj1jjj for any project study requiring any type of review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 other than an environmental assessment or environmental impact statement4 7ii7 ,description of date ,the date referred to in clause 7i7 is the later of-- 7,i7 the date that is #ahj days after the date on which an application for the permit1 license1 or approval is complete2 and 7,,ii7 the date that is #ahj days after the date on which the ,federal lead agency issues a decision on the project under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,limitations 7i7 ,in general ,no transfer of funds under subparagraph 7,b7 relating to an individual project study shall exceed1 in any fiscal year1 an amount equal to #a percent of the funds made available for the applicable agency office4 7ii7 ,failure to decide ,the total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to #e percent of the funds made available for the applicable agency office for that fiscal year4 7iii7 ,aggregate ,notwithstanding any other provision of law1 for each fiscal year1 the aggregate amount of financial penalties assessed against each applicable agency office under this ,act and any other ,federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review1 including the total amount transferred under this paragraph1 shall not exceed an amount equal to #i4e percent of the funds made available for the agency office for that fiscal year4 7,d7 ,notification of transfers ,not later than #aj days after the last date in a fiscal year on which funds of the ,federal jurisdictional agency may be transferred under subparagraph 7,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 the enactment of this ,act1 the ,secretary shall-- 7,a7 survey the use by the ,bureau of ,reclamation and the ,bureau of ,indian ,affairs 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 the 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 the enactment of 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 the enactment of this ,act1 submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committees on ,energy and ,natural ,resources and ,indian ,affairs of the ,senate a report that describes the results of the 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 or ,bureau of ,indian ,affairs project that is in operation or under construction when damaged by an event or incident that results in a declaration by the ,president of a major disaster or emergency pursuant to the ,robert ,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 or ,bureau of ,indian ,affairs 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 #ejje4 ,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 ,committees on ,energy and ,natural ,resources and ,indian ,affairs 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 #d of this ,act4 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 ,committees on ,energy and ,natural ,resources and ,indian ,affairs 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 ,reclamation or the ,bureau of ,indian ,affairs2 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 ,reclamation or the ,bureau of ,indian ,affairs4 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 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 the 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 #ejjf4 ,applicability of the ,,wiin ,act ,sections #cbba through #cbbf1 #djjg and #djji of the ,,wiin ,act 7,public ,law #aad-cbb7 shall not apply to any project 7as defined in section #b of this ,act74 ,,vi ,water ,supply ,permitting ,coordination ,act #fjja4 ,definitions ,in this title3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,reclamation4 7#b7 ,cooperating agencies ,the term cooperating agency means a ,federal agency with jurisdiction over a review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision required for a qualifying project under applicable ,federal laws and regulations1 or a ,state agency subject to section #c7;c74 7#c7 ,qualifying projects ,the term qualifying projects means new surface water storage projects in the ,states covered under the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq47 constructed on lands administered by the ,department of the ,interior or the ,department of ,agriculture1 exclusive of any easement1 right-of-way1 lease1 or any private holding1 unless the project applicant elects not to participate in the process authorized by this ,act4 ,such term shall also include ,state-led projects 7as defined in section #djjg7;a77#b7 of the ,,wiin ,act7 for 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 seq471 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 holding1 unless the project applicant elects not to participate in the process authorized by this ,act4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #fjjb4 ,establishment of lead agency and cooperating agencies 7a7 ,establishment of lead agency ,the ,bureau is established as the lead agency for purposes of coordinating all reviews1 analyses1 opinions1 statements1 permits1 licenses1 or other approvals or decisions required under ,federal law to construct qualifying projects4 7b7 ,identification and establishment of cooperating agencies ,the ,commissioner of the ,bureau shall-- 7#a7 identify1 as early as practicable upon receipt of an application for a qualifying project1 any ,federal agency that may have jurisdiction over a review1 analysis1 opinion1 statement1 permit1 license1 approval1 or decision required for a qualifying project under applicable ,federal laws and regulations2 and 7#b7 notify any such agency1 within a reasonable timeframe1 that the agency has been designated as a cooperating agency in regards to the qualifying project unless that agency responds to the ,bureau in writing1 within a timeframe set forth by the ,bureau1 notifying the ,bureau that the agency-- 7,a7 has no jurisdiction or authority with respect to the qualifying project2 7,b7 has no expertise or information relevant to the qualifying project or any review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision associated therewith2 or 7,c7 does not intend to submit comments on the qualifying project or conduct any review of such a project or make any decision with respect to such project in a manner other than in cooperation with the ,bureau4 7c7 ,state authority ,a ,state in which a qualifying project is being considered may choose1 consistent with ,state law-- 7#a7 to participate as a cooperating agency2 and 7#b7 to make subject to the processes of this ,act 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 #fjjc4 ,bureau responsibilities 7a7 ,in general ,the principal responsibilities of the ,bureau under this ,act are-- 7#a7 to serve as the point of contact for applicants1 ,state agencies1 ,indian ,tribes1 and others regarding proposed qualifying projects2 7#b7 to coordinate preparation of unified environmental documentation that will serve as the basis for all ,federal decisions necessary to authorize the use of ,federal lands for qualifying projects2 and 7#c7 to coordinate all ,federal agency reviews necessary for project development and construction of qualifying projects4 7b7 ,coordination process ,the ,bureau shall have the following coordination responsibilities3 7#a7 ,preapplication coordination ,notify cooperating agencies of proposed qualifying projects not later than #cj days after receipt of a proposal and facilitate a preapplication meeting for prospective applicants1 relevant ,federal and ,state agencies1 and ,indian ,tribes-- 7,a7 to explain applicable processes1 data requirements1 and applicant submissions necessary to complete the required ,federal agency reviews within the timeframe established2 and 7,b7 to establish the schedule for the qualifying project4 7#b7 ,consultation with cooperating agencies ,consult with the cooperating agencies throughout the ,federal agency review process1 identify and obtain relevant data in a timely manner1 and set necessary deadlines for cooperating agencies4 7#c7 ,schedule ,work with the qualifying project applicant and cooperating agencies to establish a project schedule4 ,in establishing the schedule1 the ,bureau shall consider1 among other factors-- 7,a7 the responsibilities of cooperating agencies under applicable laws and regulations2 7,b7 the resources available to the cooperating agencies and the non-,federal qualifying project sponsor1 as applicable2 7,c7 the overall size and complexity of the qualifying project2 7,d7 the overall schedule for and cost of the qualifying project2 and 7,e7 the sensitivity of the natural and historic resources that may be affected by the qualifying project4 7#d7 ,environmental compliance ,prepare a unified environmental review document for each qualifying project application1 incorporating a single environmental record on which all cooperating agencies with authority to issue approvals for a given qualifying project shall base project approval decisions4 ,help ensure that cooperating agencies make necessary decisions1 within their respective authorities1 regarding ,federal approvals in accordance with the following timelines3 7,a7 ,not later than #a year after acceptance of a completed project application when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,not later than #a year and #cj days after the close of the public comment period for a draft environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 when an environmental impact statement is required under the same4 7#e7 ,consolidated administrative record ,maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions4 7#f7 ,project data records ,to the extent practicable and consistent with ,federal law1 ensure that all project data is submitted and maintained in generally accessible electronic format1 compile1 and where authorized under existing law1 make available such project data to cooperating agencies1 the qualifying project applicant1 and to the public4 7#g7 ,project manager ,appoint a project manager for each qualifying project4 ,the project manager shall have authority to oversee the project and to facilitate the issuance of the relevant final authorizing documents1 and shall be responsible for ensuring fulfillment of all ,bureau responsibilities set forth in this section and all cooperating agency responsibilities under section #e4 #fjjd4 ,cooperating agency responsibilities 7a7 ,adherence to bureau schedule 7#a7 ,timeframes ,on notification of an application for a qualifying project1 the head of each cooperating agency shall submit to the ,bureau a timeframe under which the cooperating agency reasonably will be able to complete the authorizing responsibilities of the cooperating agency4 7#b7 ,schedule 7,a7 ,use of timeframes ,the ,bureau shall use the timeframes submitted under this subsection to establish the project schedule under section #d4 7,b7 ,adherence ,each cooperating agency shall adhere to the project schedule established by the ,bureau under subparagraph 7,a74 7b7 ,environmental record ,the head of each cooperating agency shall submit to the ,bureau all environmental review material produced or compiled in the course of carrying out activities required under ,federal law1 consistent with the project schedule established by the ,bureau under subsection 7a77#b74 7c7 ,data submission ,to the extent practicable and consistent with ,federal law1 the head of each cooperating agency shall submit all relevant project data to the ,bureau in a generally accessible electronic format1 subject to the project schedule established by the ,bureau under subsection 7a77#b74 #fjje4 ,funding to process permits 7a7 ,in general ,the ,secretary1 after public notice in accordance with subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 may accept and expend funds contributed by a non-,federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project4 7b7 ,effect on permitting 7#a7 ,evaluation of permits ,in carrying out this section1 the ,secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall-- 7,a7 be reviewed by the ,regional ,director of the ,bureau of the region in which the qualifying project or activity is located 7or a designee72 and 7,b7 use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section4 7#b7 ,impartial decision making ,in carrying out this section1 the ,secretary and the head of each cooperating agency receiving funds under this section for a qualifying project shall ensure that the use of the funds accepted under this section for the qualifying project shall not-- 7,a7 substantively or procedurally impact impartial decision making with respect to the issuance of permits2 or 7,b7 diminish1 modify1 or otherwise affect the statutory or regulatory authorities of the cooperating agency4 7c7 ,limitation on use of funds ,none of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection 7b77#a77;,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 ,,vii ,federally ,integrated ,species ,health ,act #gjja4 ,transfer of functions with respect to anadromous species and catadromous species 7a7 ,transfer of functions ,all functions with respect to anadromous species and catadromous species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 that were vested in the ,secretary of ,commerce or the ,national ,marine ,fisheries ,service immediately before the enactment of this ,act are transferred to the ,secretary of the ,interior4 7b7 ,conforming amendments ,the ,endangered ,species ,act of #aigc is amended-- 7#a7 in section #c7ae7 7#af ,u4,s4,c4 #aecb7ae77-- 7,a7 by inserting 7,a7 after 7#ae72 and 7,b7 by adding at the end the following3 7,b7 ,notwithstanding subparagraph 7,a71 with respect to anadromous species and catadromous species1 the term ,secretary means the ,secretary of the ,interior4 2 and 7#b7 in section #c 7#af ,u4,s4,c4 #aecb7 by adding at the end the following3 7#bb7 ,the term anadromous species means a species of fish that spawn in fresh or estuarine waters and that migrate to ocean waters4 7#bc7 ,the term catadromous species means a species of fish that spawn in ocean waters and migrate to fresh waters4 4 #gjjb4 ,miscellaneous provisions 7a7 ,references ,any reference in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of or pertaining to a department or office from which a function is transferred by this ,act-- 7#a7 to the head of such department or office is deemed to refer to the ,secretary of the ,interior2 or 7#b7 to such department or office is deemed to refer to the ,department of the ,interior4 7b7 ,exercise of authorities ,except as otherwise provided by law1 the ,secretary of the ,interior may1 for purposes of performing the functions transferred by this ,act1 exercise all authorities under the ,endangered ,species ,act of #aigc that were available with respect to the performance of that function immediately before the effective date of the transfer of the function under this ,act4 7c7 ,savings provisions 7#a7 ,legal documents ,all orders1 determinations1 rules1 regulations1 permits1 grants1 loans1 contracts1 agreements1 certificates1 licenses1 and privileges-- 7,a7 that have been issued1 made1 granted1 or allowed to become effective by the ,secretary of ,commerce1 any officer or employee of the ,department of ,commerce1 or any other ,government official in the performance of any function that is transferred by this ,act1 or by a court of competent jurisdiction with respect to such performance2 and 7,b7 that are in effect on the effective date of this ,act 7or become effective after such date pursuant to their terms as in effect on such effective date71 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 any other authorized official1 a court of competent jurisdiction1 or operation of law4 7#b7 ,proceedings 7,a7 ,in general ,this ,act shall not affect any proceedings or any application for any benefits1 service1 license1 permit1 certificate1 or financial assistance pending on the date of the enactment of this ,act before an office transferred by this ,act4 ,such proceedings and applications shall be continued4 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this ,act had not been enacted1 and orders issued in any such proceeding shall continue in effect until modified1 terminated1 superseded1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 7,b7 ,limitation ,nothing in this paragraph shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this ,act had not been enacted4 7#c7 ,suits ,this ,act shall not affect suits commenced before the date of the enactment of this ,act1 and in all such suits1 proceeding shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this ,act had not been enacted4 7#d7 ,nonabatement of actions ,no suit1 action1 or other proceeding commenced by or against the ,department of ,commerce or the ,secretary of ,commerce1 or by or against any individual in the official capacity of such individual as an officer or employee of the ,department of ,commerce1 shall abate by reason of the enactment of this ,act4 7#e7 ,continuance of suits ,if any ,government officer in the official capacity of such officer is party to a suit with respect to a function of the officer1 and under this ,act such function is transferred to any other officer or office1 then such suit shall be continued with the other officer or the head of such other office1 as applicable1 substituted or added as a party4 7#f7 ,administrative procedure and judicial review ,except as otherwise provided by this ,act1 any statutory requirements relating to notice1 hearings1 action upon the record1 or administrative or judicial review that apply to any function transferred by this ,act shall apply to the exercise of such function by the head of the ,federal agency1 and other officers of the agency1 to which such function is transferred by this ,act4 #gjjc4 ,definitions ,in this title3 7#a7 ,anadromous species and catadromous species ,each of the terms anadromous species and catadromous species has the meaning that term has under section #c of the ,endangered ,species ,act of #aigc1 as amended by section #c of this title4 7#b7 ,function ,the term function includes any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 activity1 or program4 7#c7 ,office ,the term office includes any office1 administration1 agency1 bureau1 institute1 council1 unit1 organizational entity1 or component thereof4 ,,viii ,aquifer ,recharge ,flexibility ,pilot ,program #hjja4 ,definitions ,in this title3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,reclamation4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,reclamation4 7#c7 ,eligible land ,the term eligible land1 with respect to a ,reclamation project1 means land that-- 7,a7 is authorized to receive water under ,state law2 and 7,b7 shares an aquifer with land located in the service area of the ,reclamation project4 7#d7 ,net water storage benefit ,the term net water storage benefit means an increase in the volume of water that is-- 7,a7 stored in one or more aquifers2 and 7,b7 7i7 available for use within the authorized service area of a ,reclamation project2 or 7ii7 stored on a long-term basis to avoid or reduce groundwater overdraft4 7#e7 ,reclamation facility ,the term ,reclamation facility means each of the infrastructure assets that are owned by the ,bureau at a ,reclamation project4 7#f7 ,reclamation project ,the term ,reclamation project means any reclamation or irrigation project1 including incidental features thereof1 authorized by ,federal reclamation law or the ,act of ,august #aa1 #aici 7commonly known as the ,water ,conservation and ,utilization ,act7 7#ec ,stat4 #adah1 chapter #gag2 #af ,u4,s4,c4 #eijy et seq471 or constructed by the ,united ,states pursuant to such law1 or in connection with which there is a repayment or water service contract executed by the ,united ,states pursuant to such law1 or any project constructed by the ,secretary through the ,bureau for the reclamation of land4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #hjjb4 ,use of ,bureau facilities 7#a7 ,in general ,the ,commissioner may allow the use of excess capacity in ,reclamation facilities for aquifer recharge of non-,reclamation project water1 subject to applicable rates1 charges1 and public participation requirements1 on the condition that-- 7,a7 the use-- 7i7 shall not be implemented in a manner that is detrimental to-- 7,i7 any power service or water contract for the ,reclamation project2 or 7,,ii7 any obligations for fish1 wildlife1 or water quality protection applicable to the ,reclamation project2 7ii7 shall be consistent with water quality guidelines for the ,reclamation project2 7iii7 shall comply with all applicable-- 7,i7 ,federal laws2 and 7,,ii7 policies of the ,bureau2 and 7,b7 the non-,federal party to an existing contract for water or water capacity in a ,reclamation facility consents to the use of the ,reclamation facility under this subsection4 7#b7 ,effect on existing contracts ,nothing in this subsection affects a contract-- 7,a7 in effect on the date of the enactment of this title2 and 7,b7 under which the use of excess capacity in a ,bureau conveyance facility for carriage of non-,reclamation project water for aquifer recharge is allowed4 #hjjc4 ,aquifer recharge on eligible land 7#a7 ,in general ,subject to paragraphs 7#c7 and 7#d71 the ,secretary may contract with a holder of a water service or repayment contract for a ,reclamation project to allow the contractor1 in accordance with applicable ,state laws and policies-- 7,a7 to directly use water available under the contract for aquifer recharge on eligible land2 or 7,b7 to enter into an agreement with an individual or entity to transfer water available under the contract for aquifer recharge on eligible land4 7#b7 ,authorized project use ,the use of a ,reclamation facility for aquifer recharge under paragraph 7#a7 shall be considered an authorized use for the ,reclamation project if requested by a holder of a water service or repayment contract for the ,reclamation facility4 7#c7 ,modifications to contracts ,the ,secretary may contract with a holder of a water service or repayment contract for a ,reclamation project under paragraph 7#a7 if the ,secretary determines that a new contract or contract amendment described in that paragraph is-- 7,a7 necessary to allow for the use of water available under the contract for aquifer recharge under this subsection2 7,b7 in the best interest of the ,reclamation project and the ,united ,states2 and 7,c7 approved by the contractor that is responsible for repaying the cost of construction1 operations1 and maintenance of the facility that delivers the water under the contract4 7#d7 ,requirements ,the use of ,reclamation facilities for the use or transfer of water for aquifer recharge under this subsection shall be subject to the requirements that-- 7,a7 the use or transfer shall not be implemented in a manner that materially impacts any power service or water contract for the ,reclamation project2 and 7,b7 before the use or transfer1 the ,secretary shall determine that the use or transfer-- 7i7 results in a net water storage benefit for the ,reclamation project2 or 7ii7 contributes to the recharge of an aquifer on eligible land2 and 7,c7 the use or transfer complies with all applicable-- 7i7 ,federal laws and policies2 and 7ii7 interstate water compacts4 #hjjd4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,secretary should encourage the use of public land administered by the ,bureau of ,land ,management for aquifer recharge1 where appropriate1 consistent with-- 7,a7 the existing grant of right-of-way2 7,b7 as applicable1 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 and 7,c7 applicable land and resource management plans2 and 7#b7 the ,secretary should consider whether aquifer recharge may be appropriate in certain areas of critical environmental concern1 if aquifer recharge-- 7,a7 would enhance the values for which the area of critical environmental concern has been designated2 and 7,b7 is consistent with the management requirements for the area of critical environmental concern4 #hjje4 ,conveyance for aquifer recharge purposes ,the holder of a right-of-way1 easement1 permit1 or other authorization to transport water across public land administered by the ,bureau of ,land ,management may transport water for aquifer recharge purposes1 including outside of the regular period of use1 without requiring additional authorization from the ,secretary where the use does not expand or modify the operation of the right-of-way1 easement1 permit1 or other authorization across public land4 #hjjf4 ,report ,no later than #ah months after the enactment of this law1 the ,secretary of the ,interior shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committees on ,energy and ,natural ,resources of the ,senate a report that describes the status of the pilot2 and describes obstacles1 if any1 to implementing the pilot4 #hjjg4 ,effect ,nothing in this ,act-- 7#a7 creates1 impairs1 alters1 or supersedes a ,federal or ,state water right2 or 7#b7 alters or supersedes ,state sovereignty and authority regarding ,state water rights and the use of water4 #hjjh4 ,exemption ,this title shall not apply to the ,state of ,california4 ,,ix ,big ,sand ,wash ,project ,title ,transfer ,act #ijja4 ,definitions ,in this title3 7#a7 ,acquired lands ,the term ,acquired ,lands means those lands that were acquired by the ,central ,utah ,water ,conservancy ,district with ,federal and ,district funds for the purpose of water storage and conveyance in the ,big ,sand ,wash ,facilities4 7#b7 ,association ,the term ,association means the ,moon ,lake ,water ,users ,association1 an association of #h irrigation companies in ,utah4 7#c7 ,big sand wash facilities ,the term ,big ,sand ,wash ,facilities-- 7,a7 means the following features that are part of the ,uinta ,basin ,replacement ,project authorized by the ,central ,utah ,project ,completion ,act 7,public ,law #ajb-ege7-- 7i7 the ,big ,sand ,wash ,dam1 including the enlarged reservoir and outlet works2 7ii7 the ,feeder ,pipeline2 7iii7 the ,feeder ,diversion2 7iv7 the ,roosevelt ,pipeline2 and 7v7 the ,big ,sand ,wash ,facilities2 and 7,b7 does not include-- 7i7 the ,moon ,lake ,dam and ,reservoir2 and 7ii7 the modified outlet works4 7#d7 ,district ,the term ,district means the ,central ,utah ,water ,conservancy ,district1 a political subdivision of the ,state of ,utah with certain responsibilities for the implementation of the ,central ,utah ,project ,completion ,act4 7#e7 ,duchesne county ,the term ,duchesne ,county means the ,duchesne ,county ,water ,conservancy ,district in ,duchesne ,county1 ,utah4 7#f7 ,federal lands ,the term ,federal ,lands means parcels of federally owned lands and easements acquired for the expansion of the ,big ,sand ,wash ,facilities1 and includes those original1 ,association lands deeded to the ,united ,states in ,november #bjja as a permanent easement for the conveyance and storage of water and the right of ingress and egress4 7#g7 ,feeder diversion ,the term ,feeder ,diversion means the diversion structure and appurtenances constructed in the ,lake ,fork ,river to divert water into the ,big ,sand ,wash ,project1 and includes the property acquired by easement for the diversion structure and rights of egress and ingress to the property4 7#h7 ,feeder pipeline ,the term ,feeder ,pipeline means the pipeline and appurtenances constructed from the ,feeder ,diversion to the ,big ,sand ,wash ,reservoir1 and includes the property acquired by easement for the pipeline4 7#i7 ,roosevelt pipeline ,the term ,roosevelt ,pipeline means the pipeline and appurtenances constructed to deliver project and non-project water from the ,big ,sand ,wash ,facilities for the ,association and ,duchesne ,county1 and includes the property acquired by easement for the pipeline4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior or a designee of the ,secretary4 7#aa7 ,uinta basin replacement project ,the term ,uinta ,basin ,replacement ,project applies to the project that was authorized by the ,central ,utah ,project ,completion ,act to enlarge the ,big ,sand ,wash ,dam and ,reservoir1 construct the ,feeder ,diversion1 construct the ,feeder ,pipeline1 construct the ,roosevelt ,pipeline1 modify the ,moon ,lake outlet works1 develop mitigation lands1 and develop other facilities as required to complete project purposes4 #ijjb4 ,conveyance of facilities and land 7a7 ,in general ,subject to subsection 7b7 and in consideration of the ,district assuming from the ,united ,states all liability for administration1 operation1 and maintenance of the ,big ,sand ,wash ,facilities1 the ,secretary shall convey to the ,district all right1 title1 and interest of the ,united ,states in and to the ,acquired ,lands1 the ,federal ,lands1 and the ,big ,sand ,wash ,facilities in existence on the date of the enactment of this ,title4 7b7 ,conditions ,the conveyance under subsection 7a7 shall not be completed until all of the following occur3 7#a7 ,the ,district pays to the ,secretary the net present value of the remaining repayment obligations identified in the ,water ,service ,contract1 ,supplement ,no4 #b1 ,contract ,no4 #ad-jf-djj-dbhf and ,block ,notice ,number ,,ubrp#a1 as determined by ,office of ,management and ,budget ,circular ,a-#abi 7in effect on the date of the enactment of this title74 ,such prepayment shall not affect the contract to deliver water between the ,district and ,duchesne ,county and shall remedy all outstanding issues relating to the ,district's expenditure of ,federal funds for land acquisition4 7#b7 ,the ,association1 the ,district1 and ,duchesne ,county enter into an agreement1 only as mutually deemed necessary by the ,parties1 reflecting as much as possible the existing operating agreement1 ,agreement ,no4 #ja-jg-dj-,r#gjbj dated ,november #ae1 #bjja1 that provides for the future operation of and delivery of water from the ,big ,sand ,wash ,facilities4 7#c7 ,the ,association and the ,district enter into an agreement to convey ,acquired ,lands1 ,federal ,lands1 the ,feeder ,diversion1 and the ,feeder ,pipeline to the ,association4 7#d7 ,the ,association and the ,district enter into an agreement that ensures the minimum stream flow requirements contained in the ,final ,environmental ,assessment1 section #bjc7;a71 ,uinta ,basin ,replacement ,project1 dated ,october #bjja4 7#e7 ,the ,district and the ,united ,states enter into an agreement that ensures the minimum stream flow requirements contained in the ,final ,environmental ,assessment1 section #bjc7;a71 ,uinta ,basin ,replacement ,project1 dated ,october #bjja4 7#f7 ,the ,district enters into an agreement to convey ,acquired ,lands and ,federal ,lands to the ,utah ,department of ,transportation4 7#g7 ,the ,district enters into an agreement to convey the ,roosevelt ,pipeline to ,duchesne ,county4 7c7 ,prepayment authority ,the ,district is hereby granted authority to prepay1 at net present value as determined by ,office of ,management and ,budget ,circular ,a-#abi 7as in effect on the date of the enactment of this title71 all irrigation block notices associated with the ,bonneville ,unit of the ,central ,utah ,project4 7d7 ,payment of costs ,the ,district shall pay any necessary and reasonable administrative and real estate transfer costs incurred by the ,secretary in carrying out the conveyance authorized by subsection 7a74 7e7 ,compliance with environmental laws 7#a7 ,in general ,before conveying land and facilities under subsection 7a71 the ,secretary shall comply with all applicable requirements under-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7,c7 any other law applicable to the land and facilities4 7#b7 ,effect ,nothing in this title modifies or alters any obligations under-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 #ijjc4 ,relationship to ,uinta ,basin ,replacement ,project ,after the conveyance authorized under section #c7;a71 the ,united ,states shall not be liable for damages arising out of any act1 omission1 or occurrence relating to the ,big ,sand ,wash ,facilities1 ,acquired ,lands1 and ,federal ,lands1 except for damages caused by acts of negligence committed by the ,united ,states or by any employee or agent of the ,united ,states before the date of the conveyance1 consistent with chapter #aga of title #bh1 ,united ,states ,code4 #ijjd4 ,report ,if the conveyance authorized by section #c7;a7 is not completed by the date that is #ab months after the date of the enactment of this ,title1 the ,secretary shall submit to ,congress a report that-- 7#a7 describes the status of the conveyance2 7#b7 describes any obstacles to completing the conveyance2 and 7#c7 specifies an anticipated date for completion of the conveyance4 ,x ,kennewick ,irrigation ,district ,title ,transfer ,act #ajjja4 ,definitions ,in this title3 7#a7 ,agreement ,the term ,agreement means the agreement required under section #b7;a74 7#b7 ,district ,the term ,district means the ,kennewick ,irrigation ,district1 located in ,benton ,county1 ,washington1 which operates and maintains a portion of the ,kennewick ,division of the ,yakima ,project constructed by the ,united ,states to enable the ,kennewick ,irrigation ,district to carry out authorized purposes pursuant to the ,act of ,june #ab1 #aidh 7#fb ,stat4 #chb74 7#c7 ,district's head gate ,the term ,district's head gate means the point of diversion for the ,kennewick ,irrigation ,district1 identified as the ,,kid ,main ,canal ,headworks at the following location3 ,,kid ,main ,canal ,headworks1 #bjj feet east and #aajj feet north1 more or less1 from the southwest corner of section #af1 being within the northwest of the southwest of the southwest of section #af1 ,t4 #i ,n41 #bf ,e4,w4,m4 7#d7 ,division ,the term ,division means the ,kennewick ,division1 including the ,transferred ,works4 7#e7 ,transferred works ,the term ,transferred ,works means the canals1 laterals1 and appurtenant works and lands1 which begin at the ,district's head gate and extends approximately #dj miles east to the ,columbia ,river built to serve the place of use of the #bj1bja acres of currently irrigated irrigable lands entitled to delivery of water within the ,kennewick ,irrigation ,district4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #ajjjb4 ,agreement1 conveyance1 report 7a7 ,agreement ,not later than #b years after the date of the enactment of this ,act1 the ,secretary1 acting through the ,bureau of ,reclamation1 shall enter into an agreement with the ,district to determine the legal1 institutional1 and financial terms related to the conveyance of the ,transferred ,works4 ,the ,agreement shall be completed after the requirements in section #e7;a7 are satisfied4 ,this ,agreement shall be in accordance with and subject to ,memorandum of ,agreement ,no3 ,r#ah,,ma#acgjc between the ,district and the ,bureau of ,reclamation4 7b7 ,conveyance ,subject to valid leases1 permits1 rights-of-way1 easements1 and other existing rights and in accordance the terms and conditions set forth in the ,agreement and this ,act1 the ,secretary shall convey to the ,district all right1 title1 and interest of the ,united ,states in and to the ,transferred ,works4 7c7 ,report ,if the conveyance authorized by subsection 7b7 is not completed within #b years after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report that-- 7#a7 describes the status of the conveyance2 7#b7 describes any obstacles to completing the conveyance2 and 7#c7 specifies an anticipated date for completion of the conveyance4 #ajjjc4 ,liability 7a7 ,damages ,except as otherwise provided by law and for damages caused by acts of negligence committed by the ,united ,states or by its employees or agents1 effective upon the date of the conveyance authorized by section #b1 the ,united ,states shall not be held liable by any court for damages of any kind arising out of any act1 omission1 or occurrence relating to the ,transferred ,works4 7b7 ,torts claims ,nothing in this section increases the liability of the ,united ,states beyond that provided in chapter #aga of title #bh1 ,united ,states ,code 7popularly known as the ,federal ,tort ,claims ,act74 #ajjjd4 ,benefits 7a7 ,status of land ,after conveyance of the ,transferred ,works under this ,act1 the ,transferred ,works shall not be considered to be a part of a ,federal reclamation project4 7b7 ,benefits if entire division conveyed ,if the entire ,division is conveyed out of ,federal ownership1 the ,district shall not be eligible to receive any benefits1 including project power1 with respect to the conveyed ,division1 except benefits that would be available to a similarly situated entity with respect to property that is not part of a ,federal reclamation project4 #ajjje4 ,compliance with other laws 7a7 ,compliance with environmental and historic preservation laws ,before making the conveyance authorized by this ,act1 the ,secretary shall complete all actions required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 subtitle ,,iii of title #ed1 ,united ,states ,code1 and all other applicable laws4 7b7 ,compliance by the district ,after conveyance of the ,transferred ,works under this ,act1 the ,district shall comply with all applicable ,federal1 ,state1 and local laws and regulations in its operation of the ,transferred ,works4 7c7 ,applicable authority ,all provisions of ,federal ,reclamation law 7the ,act of ,june #ag1 #aijb 7#dc ,u4,s4,c4 #cga et seq471 and ,acts supplemental to and amendatory of that ,act7 shall continue to be applicable to project water provided to the ,district4 #ajjjf4 ,payment 7a7 ,administrative costs ,except as provided in subsection 7b71 administrative costs for conveyance of the ,transferred ,works under this ,act shall be paid in equal shares by the ,secretary and the ,district4 7b7 ,real estate transfer cost ,costs of all boundary surveys1 title searches1 cadastral surveys1 appraisals1 and other real estate transactions required for the conveyance of the ,transferred ,works shall be paid by the ,district4 7c7 ,costs of compliance with other laws ,costs associated with any review required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 subtitle ,,iii of title #ed1 ,united ,states ,code1 and all other applicable laws for conveyance of the ,transferred ,works shall be paid in equal shares by the ,secretary and the ,district4 #ajjjg4 ,miscellaneous 7a7 ,applicability of other law ,section #abab of ,public ,law #ajc-dcd shall apply to and be incorporated into this ,act4 7b7 ,statutory construction ,nothing in this ,act shall or shall be construed for any purpose-- 7#a7 to transfer1 affect1 reduce1 modify1 or impair the water rights of any person2 7#b7 to affect1 reduce1 modify1 or impair the ,united ,states authority to regulate and manage water in the ,yakima ,basin1 including water diverted into the ,chandler ,power ,canal and ,prosser ,dam through and including the ,kennewick ,irrigation ,district's head gate2 7#c7 to change how water is diverted at ,prosser ,dam and delivered to the ,kennewick ,irrigation ,district through the ,chandler pumps through the ,district's head gate2 and 7#d7 to affect1 reduce1 modify1 or impair the ,united ,states control1 management1 and ownership of the ,reserved works as defined in the ,united ,states ,bureau of ,reclamation and ,kennewick ,irrigation ,district ,amendatory ,repayment ,contract 7#aiec7 7,contract ,no4 #ad-jf-,w-#ef7 as amended1 at pp4 #b-c1 which ,reserved works include but are not limited to ,prosser ,dam1 the ,chandler ,power ,canal and hydroelectric and pumping plant1 all ,yakima ,project facilities1 and the siphon under the ,yakima ,river to the ,district's head gate4 #ajjjh4 ,limitations ,after completing the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,secretary of the ,interior shall convey title1 if the ,secretary affirms in writing to the ,house ,committee on ,natural ,resources and the ,senate ,committee on ,energy and ,natural ,resources that the following criteria have been met3 7#a7 ,the ,kennewick ,irrigation ,district agrees to accept title to the property proposed for transfer4 7#b7 ,the proposed title transfer will not have an unmitigated negative effect on the environment4 7#c7 ,the transfer is consistent with the ,secretary's responsibility to protect land and water resources held in trust for federally recognized ,indian ,tribes4 7#d7 ,the transfer is consistent with the ,secretary's responsibility to ensure compliance with international treaties and interstate compacts4 7#e7 ,the ,kennewick ,irrigation ,district agrees to provide1 as consideration for the assets to be conveyed1 compensation to the ,united ,states worth the equivalent of the present value of any repayment obligation to the ,united ,states or other income stream the ,united ,states derives from the assets to be transferred at the time of the transfer4 ,,xi ,water ,rights ,protection ,act #aajja4 ,definitions ,in this title3 7#a7 ,secretary ,the term ,secretary means1 as applicable-- 7,a7 the ,secretary of ,agriculture2 or 7,b7 the ,secretary of the ,interior4 7#b7 ,water right ,the term water right means any surface1 groundwater1 or storage use filed1 permitted1 certificated1 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 it to beneficial use4 ,such term shall include water rights for federally recognized ,indian ,tribes4 #aajjb4 ,treatment of water rights ,the ,secretary shall not-- 7#a7 condition 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 the transfer of any water right 7including joint and sole ownership7 directly or indirectly to the ,united ,states1 or on any impairment of title or interest1 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 or 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 agreement4 #aajjc4 ,policy development ,in developing any rule1 policy1 directive1 management plan1 or similar ,federal action relating to the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement1 the ,secretary-- 7#a7 shall-- 7,a7 recognize the longstanding authority of the ,states relating to evaluating1 protecting1 allocating1 regulating1 permitting1 and adjudicating water use2 and 7,b7 coordinate with the ,states to ensure that any rule1 policy1 directive1 management plan1 or similar ,federal action is consistent with1 and imposes no greater restriction or regulatory requirement1 than applicable ,state water law2 and 7#b7 shall not-- 7,a7 adversely affect-- 7i7 the authority of a ,state in-- 7,i7 permitting the beneficial use of water2 or 7,,ii7 adjudicating water rights2 7ii7 any definition established by a ,state with respect to the term beneficial use1 priority of water rights1 or terms of use2 or 7iii7 any other right or obligation of a ,state established under ,state law2 or 7,b7 assert any connection between surface and groundwater that is inconsistent with such a connection recognized by ,state water laws4 #aajjd4 ,effect 7a7 ,existing authority ,nothing in this ,act limits or expands any existing legally recognized authority of the ,secretary 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 that is subject to the jurisdiction of the ,secretary4 7b7 ,reclamation contracts ,nothing in this ,act in any way interferes with any existing or future ,bureau of ,reclamation contract entered into pursuant to ,federal ,reclamation law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act74 7c7 ,endangered ,species ,act ,nothing in this ,act affects the implementation of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7d7 ,federal reserved water rights ,nothing in this ,act limits or expands any existing reserved water rights of the ,federal ,government on land administered by the ,secretary4 7e7 ,federal ,power ,act ,nothing in this ,act limits or expands authorities pursuant to section #d7;e71 #aj7;j71 or #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e71 #hjc7;j71 #haa74 7f7 ,indian water rights ,nothing in this ,act limits or expands any existing reserved water right or treaty right of any federally recognized ,indian ,tribe4 7g7 ,federally held state water rights ,nothing in this ,act limits the ability of the ,secretary1 through applicable ,state procedures1 to acquire1 use1 enforce1 or protect a ,state water right owned by the ,united ,states4 ,,xii ,coulee ,dam ,redesignation #abjja4 ,redesignation of facility ,the facility of the ,bureau of ,reclamation located at ,highway-#aee1 ,coulee ,dam1 ,washington #iiaaf1 known as the ,third ,powerplant1 shall be known and designated as the ,nathaniel ,nat ,washington ,power ,plant4 #abjjb4 ,references ,any reference in a law1 map1 regulation1 document1 paper or other record of the ,united ,states to the facility referred to in section #a shall be deemed to be a reference to the ,nathaniel ,nat ,washington ,power ,plant4 ,,xiii ,nutria ,eradication and ,control ,act ,reauthorization #acjja4 ,nutria eradication ,the ,nutria ,eradication and ,control ,act of #bjjc 7,public ,law #ajh-af7 is amended-- 7#a7 in section #b-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by striking ,wetlands and tidal marshes of the ,chesapeake ,bay and in ,louisiana and inserting ,wetlands1 tidal marshes1 and agricultural lands2 7ii7 in paragraph 7#b71 by striking in ,maryland and ,louisiana2 and 7iii7 in paragraph 7#c71 by striking in ,maryland and all that follows to the period and inserting ,consequently1 marsh loss1 loss of public and private wetlands1 and loss of agricultural lands are accelerating42 and 7,b7 in subsection 7b71 by striking the ,state of ,maryland and the ,state of ,louisiana and inserting any state that has demonstrated the need2 and 7#b7 in section #c-- 7,a7 by amending subsection 7a7 to read as follows3 7a7 ,grant authority ,the ,secretary of the ,interior 7referred to in this ,act as the ,secretary71 subject to the availability of appropriations1 may provide financial assistance to any state that has demonstrated to the ,secretary sufficient need for a program to implement measures to eradicate or control nutria and restore marshland1 public and private wetlands1 and agricultural lands damaged by nutria4 2 7,b7 by amending subsection 7b7 to read as follows3 7b7 ,goals ,the goals of the program shall be to-- 7#a7 eradicate or control nutria in affected ,states2 7#b7 restore marshland1 public and private wetlands1 and agricultural lands damaged by nutria4 2 and 7,c7 in subsection 7f71 by striking #d1jjj1jjj and all that follows and inserting #ab1jjj1jjj for any qualifying state program for each of fiscal years #bjba through #bjbe44 #acjjb4 ,deauthorizations ,the following projects authorized by section #afch of the ,reclamation ,projects ,authorization and ,adjustment ,act of #aiib 7#dc ,u4,s4,c4 #cij;h-#bj2 ,public ,law #ajb-ege7 are hereby deauthorized3 7#a7 ,kalaeloa ,seawater ,desalination ,project4 7#b7 ,lahaina ,water ,recycling ,project #c4 7#c7 ,kealakehe ,water ,recycling ,project4