Federal Water Projects Consultation Improvement Act of 2026
Sponsored By: Representative Bentz, Cliff [R-OR-2]
In Committee
Summary
Creates a new statutory framework that gives Reclamation water contractors formal participation rights in Endangered Species Act section 7 consultations. It applies to Federal water projects in Reclamation States and sets procedures for agency engagement when actions could reduce contract water deliveries.
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- Covered entities and contractors get routine and continuing opportunities to discuss and submit information for biological assessments, be informed of schedules, receive draft biological opinions, and comment before reasonable and prudent alternatives or measures are finalized.
- Heads of action agencies and the Secretary must inform and engage covered entities about the legal authority, the scientific data supporting components of an agency action, and why alternatives with fewer water or economic impacts are inadequate to avoid jeopardy.
- Section 3 defines key terms such as "covered entity", "contractor", and "Federal water project" and ties the rules to specific Endangered Species Act and EXPLORE Act provisions so the requirements apply to municipal and agricultural water contracts managed by Reclamation.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
More water-contractor consultation rights
If enacted, the bill would require Federal agencies to give covered water contractors more chances to take part in Endangered Species Act consultations about Federal water projects. Covered entities that ask would get routine chances to submit information and meet with the action agency while a biological assessment is developed. They would be told the schedule for the assessment and, when it is submitted, the schedule for the biological opinion. They would get draft biological opinions to review and could comment, with those comments to be given due consideration. Agencies would have to inform and engage contractors if an agency action could stop full water deliveries, explaining legal authority, the science behind components, and why lower-impact alternatives are inadequate.
Clear definitions for water consultations
If enacted, the bill would define key terms used in these consultation rules. It would name who counts as an action agency, biological assessment, and biological opinion. It would define contractor, covered entity, engage, and what counts as a Federal water project in Reclamation States. These definitions would apply to the consultation and participation rights in the bill and would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Bentz, Cliff [R-OR-2]
OR • R
Cosponsors
Rep. Fulcher, Russ [R-ID-1]
ID • R
Sponsored 4/14/2026
Roll Call Votes
No roll call votes available for this bill.
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