H.R. 8259 — Federal Water Projects Consultation Improvement Act of 2026

This section requires, in consultations or reconsultations under section 7 of the Endangered Species Act (ESA) on federal water project operations, the heads of action agencies (e.g., Bureau of Reclamation) and the Secretary (of the Interior or Commerce) to provide requesting contractors of the project with specified engagement opportunities, including (1) routine chances to discuss and submit information during biological assessment preparation; (2) notice and explanation, if an agency action would limit contract water deliveries, of its legal basis, supporting data for avoiding species jeopardy or critical habitat adverse modification, and why less impactful alternatives are inadequate; (3) schedules for biological assessments and opinions; (4) review and comment on draft biological opinions; (5) pre-identification input on reasonable and prudent alternatives (RPAs); and (6) explanations for any RPAs or reasonable and prudent measures proposed by the Secretary, including supporting data and rationale for rejecting less impactful options. (Thus, the provision enhances contractor involvement to balance ESA species protections with water supply reliability under existing project contracts.)

This section defines 15 terms for use in the Act, incorporating definitions from the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for terms such as "agency action," "biological assessment," "biological opinion," "critical habitat," "endangered species," "reasonable and prudent alternative," "reasonable and prudent measure," "Secretary," "take," and "threatened species." It also defines new terms including "action agency" (i.e., a federal agency responsible for authorizing, funding, or carrying out an action subject to ESA consultation); "contractor" (i.e., a public agency or similar entity with a U.S. water contract related to a federal water project); "covered entity" (i.e., a public or quasi-municipal agency or water users association with a Bureau of Reclamation contract for municipal or agricultural water); "engage" (i.e., direct written and in-person communications promoting candor and cooperation); and "Federal water project" (i.e., a federal facility in specified Reclamation states operated for municipal or agricultural water supply).