Water Bureau Creates More Environmental Review Shortcuts
Published Date: 1/13/2025
Notice
Summary
The Bureau of Reclamation updated seven rules that speed up how they review water projects and funding under environmental laws. These changes help make decisions faster and clearer for anyone involved with water contracts or financial help from the Bureau. The new rules take effect January 13, 2025, making it easier and quicker to get things done without extra costs or delays.
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
Faster approval for water contracts
If you seek a Reclamation water-related contract, approvals can move faster under a revised categorical exclusion (CE D4) effective January 13, 2025. The CE covers minor or temporary water uses (temporary limited to 1 year or less; interim limited to 10 years or less) and actions where impacts are expected to be minor and localized, so Reclamation can complete NEPA review without an EA or EIS when no extraordinary circumstances apply (see 43 CFR 46.215).
Quicker funding reviews for confined projects
If you apply for Reclamation financial assistance (grants, loans, cooperative agreements), the revised CE E1 (effective January 13, 2025) lets funding proceed with a streamlined NEPA review when the funded action would be covered by another Reclamation CE or is confined to areas already impacted by farming or development and impacts are minor and localized. Reclamation will document CE use in a CE Checklist and still check for extraordinary circumstances under 43 CFR 46.215.
Simpler land use authorizations
If you seek an authorization to use Reclamation land, facilities, or waterbodies (including crossing agreements/rights-of-way), the revised CE D8 (effective January 13, 2025) clarifies that Reclamation can apply a CE when impacts are expected to be minor and localized, the action does not lead to a major public or private action, use or impacts are not increased, or the authorization only implements an administrative or financial change.
CE use does not require public notice
The notice states that Council on Environmental Quality (CEQ) and Department NEPA rules do not require public notice when an agency applies a categorical exclusion. Agencies may apply a CE without issuing a public notice, though Reclamation says it will continue to meet NEPA and other legal requirements and will document CE decisions in a CE Checklist.
Tribal and cultural protections preserved
Reclamation will continue to follow other Federal laws and Department policies—such as the National Historic Preservation Act, the Native American Graves Protection and Repatriation Act, the Archaeological Resources Protection Act, and Departmental tribal consultation policies (512 DM 4 and 512 DM 5)—when applying CEs, and will evaluate extraordinary circumstances listed at 43 CFR 46.215. If extraordinary circumstances exist, Reclamation will conduct additional NEPA analysis.
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