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MemoMemorandumTrump 45 · R Quiet signal

Presidential Memorandum

Promoting the Reliable Supply and Delivery of Water in the West

This October 19, 2018 memorandum directs multiple Cabinet secretaries to streamline environmental regulatory processes for major water infrastructure projects in the western United States, particularly California's Central Valley Project and State Water Project. It establishes specific deadlines for completing biological assessments and opinions, requires identification of regulatory burdens within 30 days, and mandates development of schedules for Columbia River Basin and Klamath Irrigation Project environmental reviews.

Federal Register Open PDF 83 FR 53961

Impact dates

  1. Columbia River System Operations EIS and associated Biological Opinion completed

  2. Complete joint consultation for Klamath Irrigation Project

  3. Final biological opinions for Central Valley Project and California State Water Project (135 days after Jan 31, 2019)

  4. Final biological assessments for Central Valley Project and California State Water Project

  5. Water availability forecasting action plan completed and submitted to CEQ Chair

  6. Submit Columbia River Basin schedule to CEQ Chair

  7. Develop timeline for environmental compliance requirements for identified projects

  8. Identify California water projects; designate coordinating officials; develop plans to suspend/revise/rescind burdensome regulations

Key directives

  • Identify major California water infrastructure projects with joint ESA/NEPA responsibilities within 30 days
  • Designate single official per project to coordinate ESA/NEPA compliance within 30 days
  • Develop proposed plan to suspend, revise, or rescind regulations that 'unduly burden' projects beyond degree necessary to protect public interest or comply with law
  • Develop timeline for environmental compliance within 40 days
  • Issue final biological assessments for Central Valley Project and California State Water Project by January 31, 2019
  • Issue final biological opinions within 135 days of January 31, 2019 deadline
  • Complete Klamath Irrigation Project joint consultation by August 2019
  • Provide monthly updates to CEQ Chair
  • Complete water availability forecasting action plan by January 2019
  • Promote desalination, recycled water, and real-time monitoring technology investment
  • Consider locally developed plans in FERC hydroelectric licensing
  • Submit Columbia River Basin schedule to CEQ within 60 days; complete EIS and Biological Opinion by 2020

Who is ordered

Timeline

Immediate

  • Secretaries of Interior and Commerce must identify major California water projects with joint ESA/NEPA responsibilities within 30 days
  • Designate single coordinating official per project and develop plans to suspend/revise/rescind burdensome regulations within 30 days
  • Develop timeline for environmental compliance for identified projects within 40 days
  • Begin monthly progress updates to CEQ Chair

Near term (90d)

  • Submit schedule for Columbia River System Operations EIS and Biological Opinion to CEQ Chair within 60 days
  • Complete action plan on water availability forecasting and modeling by January 2019
  • Secretary of Interior to issue final biological assessments for Central Valley Project and California State Water Project by January 31, 2019
  • Complete joint consultation for Klamath Irrigation Project by August 2019

Long term

  • Final biological opinions for Central Valley/State Water Project within 135 days of January 31, 2019 deadline (approximately mid-June 2019)
  • Columbia River System Operations EIS and Biological Opinion completed by 2020
  • Ongoing technology investment for desalination, recycled water, and real-time monitoring
  • Ongoing consideration of locally developed plans in hydroelectric licensing

Risks & tensions

  • Potential conflict with ESA and NEPA statutory requirements if regulatory streamlining is challenged as weakening environmental protections
  • Tension between 'expeditious' completion and 'applicable law' compliance creates legal uncertainty
  • Definition of 'burden' as 'unnecessarily obstruct, delay, curtail, impede, or otherwise impose significant costs' grants broad discretion to agencies
  • Monthly reporting to CEQ suggests White House oversight of agency decision-making that is normally independent
  • Vague 'to the extent permitted by law' and 'to the maximum extent practicable' qualifiers create implementation uncertainty
  • Joint biological opinions requested but only 'to the extent practicable'—may not materialize
Presidential Memorandum: Promoting the Reliable Supply and Delivery of Water in the West · Executive Orders