Sec. 101. Definitions

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In this subtitle: The term cooperating agency has the meaning given the term in section 1508.5 of title 40, Code of Federal Regulations (or successor regulations). The term participating agency means— a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a qualifying project under applicable Federal law; or a State agency or an Indian Tribe subject to section 102(c). The term project sponsor means an entity (including any private, public, or public-private entity) seeking an authorization for a qualifying project.

Except as provided in subparagraph (B), the term qualifying project means a new surface water storage project in the United States covered under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq.) constructed on land administered by the Department of the Interior or the Department of Agriculture, exclusive of any easement, right-of-way, lease, or private holding that does not otherwise qualify or is not otherwise selected as a covered project under— title XLI of the Fixing America’s Surface Transportation Act ( 42 U.S.C. 4370m–1 et seq.); or section 2045 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348 ).

The term qualifying project does not include a project described in subparagraph

(A)for which the project sponsor elects not to submit a substantially complete proposal under this subtitle. The term substantially complete proposal means a proposal submitted by or on behalf of a project sponsor that includes information describing a proposed qualifying project and all components of the qualifying project in sufficient detail to understand jurisdictional boundaries to determine involvement of participating agencies and resources that may be affected by the qualifying project. A substantially complete proposal shall include, at a minimum, the following: A statement of the purposes and objectives of the proposed qualifying project. A concise description, including the location, of the proposed qualifying project. A summary of geospatial information, if available, illustrating the qualifying project area. Geospatial information with locations, if any, of environmental, cultural, and historical resources (such as habitat types, species present or known to occur in the area, surface water, groundwater, wetland, and land ownership). A statement regarding the technical and financial ability of the project sponsor. A statement of any Federal, State, and local agency and Tribal financing, environmental reviews, permits, and authorizations anticipated to be required to complete the proposed qualifying project. The term unified environmental record means a compilation of environmental compliance documents (such as those required under applicable Federal law, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.), the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.), and division A of subtitle III of title 54, United States Code) on which all agencies with authority to issue approvals for a particular qualifying project shall base approval decisions.

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