[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8259 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8259
To ensure meaningful consultation and cooperation between Federal and
local entities in the operation of Federal water projects in the
Reclamation States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 14, 2026
Mr. Bentz (for himself and Mr. Fulcher) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To ensure meaningful consultation and cooperation between Federal and
local entities in the operation of Federal water projects in the
Reclamation States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Water Projects Consultation
Improvement Act of 2026''.
SEC. 2. CONSULTATION WITH AFFECTED CONTRACTORS OF FEDERAL WATER
PROJECTS.
(a) Resolution of Water Resource Issues.--In furtherance of the
policy established by section 2(c)(2) of the Endangered Species Act of
1973 (16 U.S.C. 1531(c)(2)), in a consultation or reconsultation under
section 7 of that Act (16 U.S.C. 1536) with respect to the operation of
a Federal water project, the head of each action agency, the Secretary,
or the head of an action agency and the Secretary working in
coordination, as applicable, shall ensure that each covered entity that
so requests shall--
(1) have routine and continuing opportunities--
(A) to discuss and submit information to the action
agency for consideration during the development of any
biological assessment; and
(B) engage with the action agency with respect to
the preparation of the biological assessment;
(2) if the head of an action agency suggests or considers
an agency action that would not result in full delivery of
water pursuant to a contract for contractors of the Federal
water project, be informed and engaged as to--
(A) the legal authority invoked by the action
agency to support that such agency action would be
within the scope of the authority of the action agency;
(B) how each component of the agency action would
contribute to avoiding jeopardizing the continued
existence of any threatened species or endangered
species and destroying or adversely modifying critical
habitat and the scientific data or information that
supports each component of the agency action under
consideration; and
(C) why any other agency actions that would have
fewer adverse water supply and economic impacts are
inadequate to avoid jeopardizing the continued
existence of any threatened species or endangered
species and destroying or adversely modifying critical
habitat;
(3) be informed by the head of the action agency of the
schedule for preparation of a biological assessment;
(4) be informed by the Secretary of the schedule for
preparation of the biological opinion at such time as the
biological assessment is submitted to the Services by the
action agency;
(5) receive a copy of draft biological opinion and have the
opportunity to review each such draft biological opinion and
provide comment to the Secretary through engagement with the
action agency, which comments shall be afforded due
consideration during the consultation;
(6) have the opportunity to confer and engage with the head
of the action agency and applicant, if any, with respect to
reasonable and prudent alternatives prior to the identification
of any reasonable and prudent alternative for consideration;
(7) if the Secretary suggests a reasonable and prudent
alternative, be informed and engaged with respect to--
(A) how each component of the reasonable and
prudent alternative will contribute to avoiding
jeopardizing the continued existence of any threatened
species or endangered species and destroying or
adversely modifying critical habitat and the scientific
data or information that supports each component of the
reasonable and prudent alternative; and
(B) why any other proposed reasonable and prudent
alternatives that would have fewer adverse water supply
and economic impacts are inadequate to avoid
jeopardizing the continued existence of any threatened
species or endangered species and destroying or
adversely modifying critical habitat; and
(8) if the Secretary proposes a reasonable and prudent
measure to avoid or minimize take of threatened species or
endangered species, or terms and conditions to implement such
reasonable and prudent measure, be informed and engaged with
respect to--
(A) how the reasonable and prudent measure or terms
and conditions relate to avoiding or minimizing such
take; and
(B) whether the reasonable and prudent measure or
terms and conditions conform to any applicable
limitations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Action agency.--The term ``action agency'' means the
Federal agency responsible for authorizing, funding, or
carrying out an action subject to consultation under section 7
of the Endangered Species Act of 1973 (16 U.S.C. 1536).
(2) Agency action.--The term ``agency action'' has the
meaning given the term in section 7(a)(2) of the Endangered
Species Act of 1973 (16 U.S.C. 1536(a)(2)).
(3) Biological assessment.--The term ``biological
assessment'' means a biological assessment conducted under
section 7(c) of the Endangered Species Act of 1973 (16 U.S.C.
1536(c)).
(4) Biological opinion.--The term ``biological opinion''
means a written statement provided by the Secretary under
section 7(b)(3) of the Endangered Species Act of 1973 (16
U.S.C. 1536(b)(3)).
(5) Contractor.--The term ``contractor'' means any public
agency, quasi-municipal corporation, irrigation district, water
users association, or similar entity that has entered into a
water service, repayment, or other contract with the United
States related to storage, diversion, or delivery of water from
a Federal water project.
(6) Covered entity.--The term ``covered entity'' means a
public or quasi-municipal agency or water users association
that has a contract with the Bureau of Reclamation for
municipal or agricultural water supply from a Federal water
project.
(7) Critical habitat.--The term ``critical habitat'' has
the meaning given the term in section 3 of the Endangered
Species Act of 1973 (16 U.S.C. 1532).
(8) Endangered species.--The term ``endangered species''
has the meaning given the term in section 3 of the Endangered
Species Act of 1973 (16 U.S.C. 1532).
(9) Engage.--The term ``engage'' means to conduct direct
written and in-person communications recognizing the unique
interest of the contractor and promoting maximum candor and
cooperation.
(10) Federal water project.--The term ``Federal water
project'' means any project or facility--
(A) in a Reclamation State described in
subparagraphs (B) through (R) of section 128(a)(7) of
the EXPLORE Act (16 U.S.C. 8426(a)(7)); and
(B) operated or managed by a Federal agency for the
authorized purpose of municipal or agricultural water
supply.
(11) Reasonable and prudent alternative.--The term
``reasonable and prudent alternative'' means a reasonable and
prudent alternative suggested by the Secretary under section
7(b)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1536(b)(3)).
(12) Reasonable and prudent measure.--The term ``reasonable
and prudent measure'' means a reasonable and prudent measure
specified by the Secretary under section 7(b)(4) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(4)).
(13) Secretary.--The term ``Secretary'' has the meaning
given the term in section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532).
(14) Take.--The term ``take'' has the meaning given the
term in section 3 of the Endangered Species Act of 1973 (16
U.S.C. 1532).
(15) Threatened species.--The term ``threatened species''
has the meaning given the term in section 3 of the Endangered
Species Act of 1973 (16 U.S.C. 1532).
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