H.R. 8259

[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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